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HomeMy WebLinkAboutMINUTES-02/15/2000-RegularFebruary 15, 2000 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, February 15, 2000, 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: Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Absent: Councilmember Wanner. Staff Members Present: Fischbach, Krajicek, Eckman. ("Secretary's Note: City Attorney Roy arrived at the meeting at 7:20 p.m.) Citizen Participation G. Todd Fowler, Local Governmental Affairs Committee of the Chamber of Commerce, expressed concerns regarding the basis and structure of the public nuisance ordinance and encouraged Council to look for a broader set of solutions. Linda Hopkins, 1809 Rangeview Drive, rental property owner, spoke regarding the public nuisance ordinance and thanked staff for their continuing work on the issue. Joe Dumais,1712 Westview Road, opposed the roundabout at Mulberry and Lemay. Sally Craig, 1409 South Summitview, asked that a Forum newspaper columnist's advocacy of violence be publicly denounced and that the City drop all advertising in the newspaper. Citizen Participation Follow-up Councilmember Bertschy asked about the status of the roundabout and asked if there is increased truck traffic on Vine Drive. City Manager Fischbach stated that CDOT is reviewing the roundabout and that CDOT's decision is expected in about three weeks. He noted that the Transportation Board has reviewed the issue of truck traffic on Vine Drive. Councilmember Weitkunat noted that the public nuisance ordinance is in committee review and asked about the progress being made based on public input. Councilmember Byme reported that the Health and Safety Committee will review the latest draft of the ordinance at this week's meeting and that First Reading is scheduled on March 21. 171 February 15, 2000 Councilmember Mason suggested discussion of the implied threat contained in the Forum column under Other Business. AEenda Review City Manager Fischbach withdrew item #24 Resolution 2000-34 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strang Cabin Annexation, item #25 Resolution 2000- 35 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Cabin First Annexation, and item #26 Resolution 2000-36 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Cabin Second Annexation from the agenda to allow additional staff work to be done. Councilmember Mason withdrew item #19 Resolution 2000-29 Authorizing One or More Intergovernmental Agreements with Poudre School District and Approving the Project List for the Building Community Choices City/School District Capital Projects from the Consent Calendar. CONSENT CALENDAR Postponement of Second Reading of Ordinance No. 199, 1999 Authorizing the Lease of Portions of the Resource Recovery Faun to LaFarge Comoration for Sand and Gravel Mining in Order to Protect Sensitive Natural Habitats Along the Cache la Poudre River, to March 7.2000. Ordinance No. 199, 1999, which was unanimously adopted on First Reading on December 7, 1999, enables implementation of a unique natural area conservation project involving the City of Fort Collins, LaFarge Corporation, Flatiron Companies, and Colorado State University. The collaborative project will save from sand and gravel mining approximately 40 acres of meadow and mature riparian forest along the Cache la Poudre River that represents some of the most unique and valuable wildlife habitat in the Fort Collins area. hi exchange for not mining these sensitive natural habitats, approximately 106 acres of much less sensitive agricultural land on the City's Resource Recovery Farm will instead be mined. Reclamation of the mined area on the Resource Recovery Farm will enhance the wildlife habitat diversity and overall value of the natural areas along this reach of the Cache la Poudre River. This area will enhance the City's efforts to protect and enhance the wildlife habitat, aesthetic, and recreational values of this section of the Poudre River consistent with the City's Natural Areas Policies and will also enhance programs at CSU's Environmental Learning Center. 172 February 15, 2000 Second Reading of this Ordinance was postponed to February 15, 2000 to allow additional time to finalize the necessary lease and contractual documents with LaFarge, Flatiron, and Colorado State University. Another postponement is needed until March 7, 2000. 8. Items Related to the Issuance of City of Fort Collins Downtown Development Authorii Subordinate Tax Increment Revenue Bonds, Series 2000. A. Second Reading of Ordinance No. 9, 2000, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2000A, Dated their Delivery Date, in the Aggregate Principal Amount of$608,000 for the Purpose of Financing Certain Capital Improvements and Capital Projects; and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and any Premium Due in Connection with the Redemption of the Bonds. On February 4, 2000, the City accepted bids from financial institutions interested in buying the bonds. The lowest cost offer to buy the bonds was submitted by Key Bank. Key Bank bid a rate of 5.775% which will reset as the prime rate changes. City staff has evaluated the Key Bank offer to buy and has found it to be in the City's best interest to accept the offer to buy the bonds. The Ordinance has been revised to reflect the variable interest rate of the bonds and the appropriate amounts. B. Second Reading of Ordinance No. 10, 2000, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2000, for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2000 Payment on the Bonds. Ordinance No.10, 2000, has been revised. The project managers met on February 4, 2000, and decided that money for the Four Corners and Walnut Street projects would have more flexibility if the amounts of money for the projects were transferred to the City capital projects fund. This helps the project managers because the appropriation does not lapse at year-end. Due to the need to coordinate these projects with several other downtown area improvements, there is some possibility that these two projects may not be completed by December 31, 2000. This ordinance has also been revised to lower the estimated 2000 debt service costs from $80,000 to $50,000. Annual debt service payments for ensuing years will be included in the annual appropriations ordinance. 173 February 15, 2000 C. First Reading of Ordinance No. 23, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Purpose of Constructing Improvements in the Downtown Area Consistent with the Mission of the Downtown Development Authority. The Budget Office has prepared a new appropriations ordinance, Ordinance No. 23, 2000, which appropriates the transferred bond proceeds in the capital projects fund. This Ordinance is being presented on First Reading. Second Reading will occur on March 7, 2000. This timeline fits the project manager's plan to begin the improvements in early 2000. 9. Second Reading of Ordinance No. 11, 2000 Designating the E. P. Montgomery House Garage and Shed, 321-323 East Laurel Street, as a Local Landmark Pursuant to Chanter 14 of the Code of the City of Fort Collins. The owners of the property, Delores Lunberry and the Paige A. Lunberry Family Trust, are initiating this request for Local Landmark designation for the E. P. Montgomery House, Garage and Shed. Ordinance No. 11, 2000 was unanimously adopted on First Reading on February 1, 2000. 10. Second Reading of Ordinance No. 12, 2000 Desi atingthe Properties at 1600 1601 1604 1605, 1608, 1609, 1612, 1613, 1617, 1645 and 1700 Sheely Drive Fort Collins Colorado as a Historic Landmark District Pursuant to Chanter 14 of the Code of the City of Fort Collins. Debra Applin and Polly Puleston, owners of property in the proposed Sheely Drive Neighborhood District, are initiating this request for Local Landmark designation for the above properties. The Sheely Drive District is eligible for designation as a Fort Collins Local Landmark District, for its innovative architecture, for its historical association with several prominent Fort Collins business and civic leaders, and for its portrayal of the social, economic, and technological changes occurring in Fort Collins and Colorado following World War H. The first of Fort Collins' post -World War H affluent neighborhoods, Sheely Drive is among Fort Collins' best representations of the suburban lifestyle emerging in the United States during the 1950s. Ordinance No. 12, 2000 was unanimously adopted on First Reading on February 1, 2000. 11. Second Reading of Ordinance No. 13, 2000 Amending Chanter 7.5 of the City Code by the Addition of a New Article V Pertaining to the Imposition of Certain Regional Capital Improvement Expansion Fees. In November 1998, Larimer County Commissioners approved new Development Impact Fees that will apply to new construction in the County. These fees included a regional road fee and a regional park fee. Larimer County has asked the City to consider implementing 174 February 15, 2000 a regional road fee for development within the City limits. The fee would be implemented in addition to existing City and School District fees. As funds accumulate from the collection of fees in both the City and the County, the two governments will work together to determine how and when those funds will be expended to improve the five regional roads. Ordinance No. 13, 2000, which was unanimously adopted on First Reading on February 1, 2000, amends the City Code to include certain Regional Capital Improvement Expansion fees. 12. Second Reading of Ordinance No. 14, 2000 Authorizing the Conveyance of High School Park to Colorado State University Research Foundation In Exchange for the 18 Acre Community Horticulture Center Site. Since May 1998, City Council has, on three occasions, studied and considered possible sites for the Community Horticulture Center. The result has been a narrowing of preference by Council for the CSURF site. Most recently, in March 1999, the City Council directed staff to prepare the legal documents to complete a land exchange deal with Colorado State University Research Foundation (CSURF) to secure a site for the Community Horticulture Center. Ordinance No. 14, 2000, which was unanimously adopted on First Reading on February 1, 2000, completes the transaction for transfer of the High School Park site to CSURF in exchange for the CSURF site. 13. Second Reading of Ordinance No. 15, 2000, Authorizing the City Manager to Enter Into Long -Term Leases of the McKee Property and Longview Farm with Harold Sauer for Drvland Farming and Grazing, The Natural Resources Department purchased the McKee property in 1997 for open space and the Natural Areas Program is responsible for managing this property. This open space has yet to be officially named. The property is approximately 970 acres, with 840 acres of dryland farm and 130 acres of pasture. The original farm tenant terminated the farming lease about six months ago, stating that it was no longer economical to farm the property. The terms of this lease will hopefully make it economical for Mr. Sauer to farm and maintain this property. Ordinance No. 15, 2000, was unanimously adopted on First Reading on February 1, 2000. 14. Second Reading of Ordinance No. 16, 2000 Appropriating Prior Year Reserves Ordinance No. 16, 2000, which was unanimously adopted on First Reading on February 1, 2000, rcappropriates approximately $9.2 million of 1999 monies for the same uses or purposes in 2000 as originally approved by Council in 1999. 175 February 15, 2000 15. First Reading of Ordinance No. 17. 2000, Amending Portions of the City Code Concerning the Citizen Review Board Subcommittees. The current provisions of the City Code concerning the Citizen Review Board (CRB) require that the CRB maintain the confidentiality of all internal investigation files and all information and evidence received which are related to personnel matters (§2-140(h)). This provision is consistent with the need to maintain the confidentiality of personnel files and internal investigation files, but is not consistent with other provisions of the City Code which allow police and community service officers who maybe the subject of the investigation to request that the review sessions of the CRB subcommittees be open to the public. The proposed changes set forth in this ordinance would allow the CRB review subcommittees to maintain the confidentiality of those portions of the subcommittee review sessions that do not directly relate to the officer's personnel interest. 16. First Reading of Ordinance No. 18, 2000, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of a Computer Aided Dispatch and Records Management System (CAD/RMS). This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing agreement with the selected company at the lowest interest rate offered. The agreement will be for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter, for 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. 17. First Reading of Ordinance No. 19, 2000, Approving the Terms of the Lease for the Cit�'s Lease of Building 15, Old Town Square. In order for this property to become tax exempt, state law requires that the Council approve the terms of the lease by Ordinance. Since February 1996, the City has been leasing space in Old Town Square for the Police Services District One office. Police staff and the Old Town Square have been working together to find a new space in Old Town to replace their basement location. A new space became available and the City entered into a new Lease Agreement dated December 12, 1999, with a term of five years that commenced January 1, 2000, following a month of tenant finish work. The tenant finish work was paid for with contributions from the Landlord (Progressive Old Town Square, LLC), the former tenant, and the City. The new location has 2,075 square feet of office space and is located in the 200 block of Walnut Street. District One houses a Police Museum and office space for officers. The base rental 176 February 15, 2000 for the first year of the lease is $18,675, or $9 per square foot, which will be adjusted annually by the Consumer Price Index. In addition to the base rental, the City will also pay the Landlord for the common area maintenance, its insurance and utilities. These costs total $3.76 per square foot, bringing the total price per square foot to $12.76. The only other expense paid by the City is the janitorial expense. The base rent will increase to $11 per square foot at the commencement of the third year of the lease. 18. First Reading of Ordinance No. 20, 2000, Approving the Terms of the Lease for the Citv^s Lease of the Building at 405 Canyon Avenue. In order for this property to remain tax exempt, state law requires that the Council approve the terms of the lease by Ordinance. Since December 1994, the City has been leasing the building at 405 Canyon Avenue (2,577 square feet) for the Human Rights Office and the Neighborhood Resources Office. The previously approved lease expired November 30, 1999. Staff has renegotiated the lease to continue for an additional five years. The Lease Agreement commenced on January 1, 2000 and continues for successive annual terms through December 31, 2004, with the City having the option to terminate at each anniversary date if sufficient funds are not budgeted. The rental for this facility is $2,630 per month, which equates to $12.75/square foot. This rental will be in effect for the first two years of the lease. Each of the remaining renewals terms will be increased by the annual Consumer Price Index. The City will be responsible for the utilities, custodial and carpet services, snow removal, and insurance. The Landlord is responsible for major building maintenance and ground maintenance. 19. Resolution 2000-29 Authorizing One or More Intergovernmental Agreements with Poudre School District and Approving the Project List for the Building Community Choices City/School District Capital Projects. In August, 1999, the City/Poudre School District Liaison Committee supported a recommendation to expend funds from Building Community Choices (BCC) on several capital projects that will benefit the City, the Poudre School District (PSD), and the community. City and PSD staff conducted outreach this past fall, and found widespread support for the projects. On January 24, 2000, the Board of Education voted to support the Liaison Committee's recommended projects, which include the following: (1) develop a softball field at Poudre High School, Rocky Mountain High School, and Preston Junior High School; (2) renovate existing softball/baseball fields at Blevins and Webber Junior High Schools; (3) move a soccer field at Rocky Mountain High School; (4) build an in -line hockey rink and a skate park at Edora Park; and (5) renovate the skate park at the Northside Aztlan Community Center. 177 February 15, 2000 20. Resolution 2000-30 Approving the Purchase of a Wirtgen W2000 Rotomill from Faris Machinery as an Exception to the City's Competitive Purchasing Requirements The Streets Department has been using Wirtgen profilers (rotomills) since 1992. The machines have proven to be reliable and effective for removing roadway asphalt in maintenance operations. Streets considers this machine to be superior to competitive units because it has a four -track drive system, is heavier, more powerful, uses a strike -off plate, and has a well designed milling drum. Due to the design advantages of the Wirtgen W2000 and the lack of suitable substitutes, the Purchasing Agent has determined that a competitive process cannot reasonably be used and, if used would result in a substantially higher cost to the City and may result in the impairment of the City's delivery of services to the public. 21. Resolution 2000-31 Approving the Purchase of 800MHz Communications System Equipment as an Exception to the City's Competitive Purchasing Requirements Over the next several years the City will be migrating all radio equipment to 800MHz technology. Currently, City departments, including Police Services, use UHF radio frequencies which are incompatible with surrounding agencies. The State of Colorado, Poudre School District, Loveland, and Greeley are using or transitioning to 800MHz technology using the Motorola infrastructure, as described below. Motorola is already the primary supplier of radio equipment to the City. Realizing the extent of the migration to 800MHz technology and the need for various public safety agencies to be able to cooperate with one another, Motorola designed and set up the basic infrastructure for an area -wide 800MHz system. The term "infrastructure" means the antennas, which are located throughout the local area, transmitter and receiver sites, along with the computer hardware and software to make the system work. Motorola has created the basic structure of the system. What the City will be purchasing is a share of the components, along with the vehicle and locally sited radio equipment. 22. Resolution 2000-32 Setting Forth the Intention of the City to Issue Multi -Family Housing Revenue Bonds for the National Healthcare Associates Residence at Oakridee Assisted Living Proiect and Authorizing the Execution of an Assignment Agreement and a Delegation ag tion Agreement with Larimer County. In late December 1999, Mr. Robert Mattrazo, a representative of the National Healthcare Associates Project (the "Project"), contacted staff members of the Advance Planning and Finance Departments. The organization has requested the City consider issuing private activity bonds for the purpose of acquiring property, constructing and equipping an assisted 178 February 15, 2000 living multifamily housing project in the southeast part Fort Collins. The Project would qualify as a low-income rental housing project. The project is located along McMurray Drive in Oakridge Business Park. Forty-four units (58 beds) will be included in the project. Of the total, 50% of the units (beds)will be affordable to persons whose incomes do not exceed 60% of the Area Median Income. The remaining units will be leased at market rental rates. Passage of this Resolution will allow the City to issue up to $4.5 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 Statewide Balance or the Colorado Housing Finance Authority. The Resolution also authorizes the execution of an Assignment Agreement and a Delegation Agreement with the County, which would carry out the proposed assignment of the County's allocation to the City. The execution of those agreements is made contingent upon the receipt of the necessary additional allocations for the Project. The proposal is consistent with the City's adopted policies regarding the issuance of multi -family rental housing bonds. Staff finds that the project is consistent with Council's goal of increasing the quality of affordable housing in the City. The project also serves a special niche in the housing market, that of low-income seniors that require some assistance in the course of their daily lives. The project proponent has prepared and submitted an application to secure an the additional Private Activity Bond Allocation from the Statewide Balance of private activity bonds. Based on Council's action on the resolution, the City will support the project proponent in its application to Larimer County and the competitive statewide balance. The deadline for applications for allocations is January 21, 2000. 23. Resolution 2000-33 Adopting a Process and Procedure for Amending City Plan and the Elements Thereof. This Resolution adopts a process and procedure for amending City Plan and the Comprehensive Plan Elements thereof. A description of this process, procedure and types of amendments will be incorporated into the appendix of City Plan. In addition, City Plan Growth Management Principles and Policies will be revised to describe the amendment process including frequency, scope, types of amendments, consistency and decision -making body. 179 February 15, 2000 24. Resolution 2000-34 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strang Cabin Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 4.50 acres in size and is located at the southwest corner of Horsetooth Road and County Road 7. The property has been historically agricultural in Larimer County. The proposed zoning for this annexation is Public Open Lands (POL). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on March 21, 2000. Not less than thirty days prior published notice is required by State law. 25. Resolution 2000-35 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Cabin First Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately .418 acres in size and is located at the northeast corner of Horsetooth Road and County Road 7. The property has been historically agricultural in Larimer County. The proposed zoning for this annexation is Public Open Lands (POL). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on March 21, 2000. Not less than thirty days prior published notice is required by State law. 26. Resolution 2000-36 Finding Substantial Compliance and Initiating Annexation Proceedings for the Strauss Cabin Second Annexation. This is a request for a 100% voluntary annexation. The property being considered for annexation is approximately 1.737 acres in size and is located at the northeast comer of Horsetooth Road and County Road 7. The property has been historically agricultural in Larimer County. The proposed zoning for this annexation is Public Open Lands (POL). The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on March 21, 2000. Not less than thirty days prior published notice is required by State law. MR February 15, 2000 27. Resolution 2000-37 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Resources Board is authorized by the City Code to review proposals for funding from the Cultural Programming Account and the Tourism Programming Account, and to submit recommendations to the City Council regarding such proposals for approval. The Cultural Development and Programming Account is used to support cultural development and programming activities. The Tourism Programming Account is used for funding of tourist -related special events, because it is generated from the portion of the lodging tax that is designated for the promotion of convention and visitor activities. Both of these funds are used to fund grants through the Fort Fund program. 28. Resolution 2000-38 Extending the Time Period for the Housing Authority to Exercise a Right of First Refusal to Acquire Certain City Property. On November 2, 1999, Council adopted Resolution 99-133 approving the acquisition of approximately 168 acres of land from Willing Acres Company, the majority of which is to be utilized by the City as the Hazaleus Natural Area. Resolution 99-133 also authorized the future sale of a portion of the property for affordable housing development and granted the Fort Collins Housing Authority a first right of refusal, through February 29, 2000, on the development parcel. This Resolution extends the time period for one year for the Housing Authority to enter into a binding agreement with the City. This additional time is needed for City staff to determine the specific boundaries of the development parcel and for the Housing Authority to determine how it can best utilize the property for affordable housing purposes. 29.. Resolution 2000-39 Authorizing the Lease of 304 and 304%2 North Howes Street The City has entered into an agreement to purchase Lot 15 Block 33 with a scheduled closing date of February 28, 2000. The lot is being purchased as part of the Civic Center Master Plan, and is the only parcel on Block 33 that is not currently owned by the City. Currently, there are two leases in effect on the property. One is a residence lease of 304 North Howes Street and one is a business lease for the structure at 304%2 North Howes Street. The City's use of this block is still being planned; therefore, staff would like to continue the lease with the current residential tenant and negotiate a new lease for the business space for a period of up to two years, with the City having the option to terminate at any time with a sixty-day notice to the tenants. The lease term would remain as it currently is for the residence at $775 per month and lease the business for at least $750 per month. The proposed lease agreements would be ready to be signed and become effective at the closing for the purchase of the land. 181 February 15, 2000 30. Resolution 2000-40 Stating the City's Intent to Not Act as a Reviewing Entity for the Colorado Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation Proiects Under Colorado House Bill 90-1033 (CRS 39-22-514). As a Certified Local Government, Fort Collins has the opportunity each year to choose to be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next calendar year. The City Council must adopt a resolution stating whether or not it intends to take on this responsibility in the next year. Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax Credit was instituted, but didn't take on the reviewing entity function for this program until 1995. For three years, the Landmark Preservation Commission was the reviewing entity and performed design review on qualifying historic rehabilitation projects for the Colorado Income Tax Credit. They declined the review in 1998 and 1999. 31. Resolution 2000-41 Making Appointments to the Affordable Housing Board and the Golf Board. A vacancy currently exists on the Affordable Housing Board due to the resignation of Mickey Willis. Councilmembers Wanner and Bertschy reviewed the applications on file and are recommending Randy Rosenbusch to fill the vacancy with a term to begin immediately and set to expire on June 30, 2001. A vacancy also exists on the Golf Board due to the resignation of Mike Hall. Councilmember Bertschy reviewed the applications on file and is recommending Brian Cobb to fill the vacancy with a term to begin immediately and set to expire on June 30, 2002. 32. Resolution 2000-42 Approving a Stipulated Determination of Vested Rights Between the City and Sollenberger Development Corporation. Ordinance No. 161, 1996, (the "Ordinance") established certain rules for transitioning from the Land Development Guidance System into the new Land Use Code. When the Ordinance was passed by the Council, it included a vested rights determination procedure in order to prevent manifest injustice in cases where the application of the transition rules would work an undue hardship. Sollenberger Development Corporation (the "Applicant") owns a tract of land located within the Oak/Cottonwood Farm Overall Development Plan (the "ODP"). The ODP, consisting of over 100 acres, was approved by the City under the Land Development Guidance System prior to the adoption of the City's Land Use Code. The City has reviewed and given final approval to numerous phases within the ODP. The Lodge at Miramont PUD (the "Project") irm February 15, 2000 consists of approximately 7.77 acres within Parcel "N" of the ODP. The Project is one of the final phases of the ODP. 33. Routine Deeds and Easements. A. Easement for construction and maintenance of public utilities from Roy Lee Jones, located at 2218 LaPorte, for installation of an oval vault to underground existing overhead electric services. Monetary consideration: $10. B. Easement for construction and maintenance of public utilities from Edwina J. Ingraham, located at 203 North Taft Hill, for installation of an oval vault to underground existing overhead electric services. Monetary consideration: $10. C. Permanent easement dedication for drainage and utilities from John A. Liddell and M. Morgan -Liddell, located 2120 Springfield Court. Monetary consideration: $10. D. Permanent easement dedication for drainage and utilities from Rish L. and Karen L. Whitham, Jr., located at 2124 Springfield Court. Monetary consideration: $10. E. Permanent easement dedication for drainage and utilities from Colleen Caroline Fischer, located at 2128 Springfield Court. Monetary consideration: $10. F. Permanent easement dedication for drainage and utilities from Gerald W. Buchleiter, located at 1204 Briarwood Road. Monetary consideration: $10. G. Permanent easement dedication for drainage and utilities from Tara Baker Gardner and Keith Usher Gardner, located at 1205 Briarwood Road. Monetary consideration: $10. H. Deed of dedication for permanent off -site utility easement from Oakridge Hotels, LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10. I. Deed of dedication for temporary off -site construction easement from Oakridge Hotels, LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10. Deed of dedication for permanent off -site sight distance easement from Oakridge Hotels, LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10. 183 February 15, 2000 K. Deed of dedication for permanent off -site utility easement from Oakridge Hotels, LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10. L. Deed of dedication for temporary off -site construction easement from Oakridge Hotels, LLLP, located south of Harmony and east of Lemay. Monetary consideration: $10. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Related to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2000. A. Second Reading of Ordinance No. 9, 2000, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2000A, Dated their Delivery Date, in the Aggregate Principal Amount of$608,000 for the Purpose of Financing Certain Capital Improvements and Capital Projects; and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and any Premium Due in Connection with the Redemption of the Bonds. B. Second Reading of Ordinance No. 10, 2000, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 2000, for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins, Authorizing the Transfer of Appropriations Between Funds and Appropriating Expenditures from the DDA Debt Service Fund to Make the 2000 Payment on the Bonds. 9. Second Reading of Ordinance No. I1, 2000, Designating the E. P. Montgomery House. Garage and Shed, 321-323 East Laurel Street, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 10. Second Reading of Ordinance No. 12,2000,Designatin the ePropertiesat1600,1601,1604, 1605, 1608, 1609, 1612, 1613, 1617, 1645 and 1700 Sheely Drive, Fort Collins, Colorado, as a Historic Landmark District Pursuant to Chapter 14 of the Code of the City of Fort Collins. 11. Second Reading of Ordinance No. 13, 2000, Amending Chapter 7.5 of the City Code by the Addition of a New Article V Pertaining to the Imposition of Certain Regional Capital Improvement Expansion Fees. 184 February 15, 2000 12. Second Reading of Ordinance No. 14, 2000 Authorizing the Conveyance of High School Park to Colorado State University Research Foundation In Exchange for the 18 Acre Community Horticulture Center Site. 13. Second Reading of Ordinance No. 15, 2000, Authorizing the City Manager to Enter Into Long -Term Leases of the McKee Property and Longview Farm with Harold Sauer for Drvland Farming and Grazing. 14. Second Reading of Ordinance No. 16, 2000 Appropriating Prior Year Reserves. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 8. Items Related to the Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax Increment Revenue Bonds, Series 2000. C. First Reading of Ordinance No. 23, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Purpose of Constructing Improvements in the Downtown Area Consistent with the Mission of the Downtown Development Authority. 15. First Reading of Ordinance No. 17, 2000, Amending Portions of the City Code Concerning the Citizen Review Board Subcommittees. 16. First Reading of Ordinance No. 18, 2000, Authorizing the Purchasing Agent to Enter into an Apxeement for the Financing by Lease -Purchase of a Computer Aided Dispatch and Records Management System (CAD/RMS) 17. First Reading of Ordinance No. 19, 2000, Approving the Terms of the Lease for the City's Lease of Building 15, Old Town Square. 18. First Reading of Ordinance No. 20, 2000, Approving the Terms of the Lease for the Cit}'s Lease of the Building at 405 Canyon Avenue. 37. First Reading of Ordinance No. 21, 2000, Amending Chanter 3 and 16 of the City Code Designating the Municipal Judge as the Liquor and Massage Licensing Authority. 38. First Reading of Ordinance No. 22, 2000, Amending Article XV of Chanter 15 of the City Code Regarding Solid Waste Collection and Recycling Services by Adding Provisions Pertaining to Procedural Requirements and Adding a Document Retention Requirement 185 February 15, 2000 Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Weitkunat highlighted the passage of item #27, Resolution 2000-37 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. Councilmember Bertschy commented regarding item #27, Resolution 2000-37 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements and item #31 Resolution 2000-41 Making Appointments to theAffordable Housing Board and the Golf Board, noting that applications are needed for other boards and commissions. Councilmember Byrne commented regarding item # 11, Second Reading of Ordinance No. 13, 2000, Amending Chapter 7.5 of the City Code by the Addition of a New Article V Pertaining to the Imposition of Certain Regional Capital improvement Expansion Fees. Councilmember Reports Councilmember Weitkunat reported on Growth Management Committee discussions regarding the Campus West subarea plan, the County TDU annexation and joint City/County projects, redevelopment issues, the impact ofpopulation increases on CityPlan, and modifications to the Land Use Code. Mayor Martinez reported on the Legislative Review Committee's bill priority process and the bills that have been determined to be high priorities. Councilmember Bertschy reported on the discussions at the CSU/City Liaison Committee quarterly meeting with Mike Mansfield, a neighborhood liaison from Boulder who deals with rental property issues. He noted that adoption on the Consent Calendar of the ordinance relating to horticulture gardens gives CSU the authority to let the bid on the College Avenue underpass. Councilmember Kastein reported on the North Front Range Transportation and Air QualityPlanning Council discussions regarding reprogramming of funds for a regional travel demand modeling project, the award of funds for rural transit planning, a letter to be sent to the Air Quality Control February 15, 2000 Commission expressing concerns regarding the 1999 audit of the Colorado automobile inspection and readjustment program, transportation improvement plan amendments, and a possible retreat. Ordinance No. 21, 2000 Amending Chapter 3 and 16 of the City Code Designating the Municipal Judge as the Liquor and Massage Licensing Authority, Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary Currently all liquor and massage licensing matters are heard by the Liquor and Massage Licensing Authority. Council appoints 7 volunteers to serve on this quasi-judicial board. Each Authority member can serve up to two 4 year terms. On December 9, 1999, the Health & Safety Committee discussed the liquor licensing process and various alternatives in designating an Authority. The Committee requested that a draft ordinance establishing the Municipal Court Judge as the Liquor Licensing Authority be prepared for discussion at the January 20, 2000 Health and Safety Committee meeting. Staff presented this ordinance to the Health and Safety Committee on January 20, 2000. The Committee briefly discussed the Ordinance, made no substantive changes, and recommended it be brought to Council for formal consideration. Reasons cited for this proposed change are that the current Authority's membership changes every 4 years and it is difficult to maintain the high-level oftraining that the Municipal Judge already has. The Health and Safety Committee also noted that periodic turnover of Authority members (the Authority currently has two vacancies) can affect the consistency ofdecisions with regard to alleged misconduct on the part of licensees and sanctions imposed for violations. " City Manager Fischbach gave a brief presentation regarding the agenda item and noted that the item was initiated by the City Council. Rodney Schmitz, Liquor Licensing Authority member, spoke regarding the Authority's actions regarding suspensions and fines, and opposed elimination of the Liquor Licensing Authority. Jake Maas, 3020 Tulane Drive, County Cork owner, opposed the adoption of the ordinance. Jack Vandagriff, 3039 Indigo Court, Tailgate Tommies, supported the adoption of the ordinance. 187 February 15, 2000 Sarah Jane Baietti, licensed massage therapist, expressed concerns regarding the licensing of massage therapists. Councilmember Bertschy asked about the impact of adoption of the ordinance on massage therapy licensing. City Manager Fischbach stated that no massage licenses have been issued since 1991. Paul Eckman, Deputy City Attorney, stated that certified massage therapists with the requisite qualifications are exempt from appearing before the Liquor Licensing Authority. Greg Tempel, Assistant City Attorney, summarized Colorado law regarding massage licensing and therapists and the history of the designation of the Liquor Licensing Authority as the massage licensing board. He stated that the Municipal Judge would become the Massage Licensing Authority if the ordinance is adopted. Eckman spoke regarding language changes addressing massage parlor licensing. Councilmember Weitkunat asked for clarification regarding massage therapy licensing. Councilmember Kastein if decisions of the board are majority or unanimous decisions. Tempel stated that decisions are made by simple majority. Councilmember Mason asked about the current appeal process. Tempel explained the appeal process and stated that the current appeal process is the same as it would be if the ordinance is adopted. Mayor Martinez asked if the Municipal Judge could declare a conflict of interest in cases where a liquor license hearing follows closely after a court hearing on another matter. Tempel explained the process that would be followed in such cases. Councilmember Bertschy asked how the process would work for issuing liquor licenses. Tempel stated that the process would remain essentially the same except that the Municipal Judge would conduct the hearing. Councilmember Bertschy asked about the potential difficulty for residents to attend a daytime hearing. Tempel stated that the Municipal Judge could conduct an evening hearing if more participation is sought and that there is currently little citizen participation in hearings before the Liquor Licensing Authority. Councilmember Bertschy asked about the annual volume of liquor licenses and violation hearings. Aimee Jensen, Deputy City Clerk, stated that nine hearings were held in 1999 and that 16 applications for new liquor licenses were received. Councilmember Weitkunat asked if any other boards act in licensing and disciplinary capacities. Eckman stated that the Building Review Board issues contractors licenses and disciplines licensees for infractions. LEIS February 15, 2000 Councilmember Weitkunat asked when the Liquor Licensing Authority was established and if this change is a typical evolutionary process. Tempel stated that the City of Longmont in 1997 changed to having the Municipal Judge hear liquor licensing matters and that other jurisdictions have changed to a one -person liquor licensing authority system. Councilmember Weitkunat asked about the legal requirements for liquor licensing. Tempel stated that Colorado law sets out the criteria for issuance, suspension or revocation of liquor licenses. Mayor Martinez asked if outside counsel is hired for the conduct of hearings. Tempel spoke regarding the arrangements for legal counsel before the Municipal Court. Councilmember Kastein asked about discussions with the Liquor Licensing Authority regarding abolishing the board. Mayor Martinez spoke regarding the meeting that he and Mayor Pro Tern Wanner had on January 12 with LLA board members and outlined the reasons he supports the recommended change. Councilmember Bertschy asked about if penalties are suspended pending appeals. Tempel stated that depends on whether the District Court Judge stays the penalties pending the appeal and that process would not change if the ordinance is adopted. Councilmember Bertschy asked if any decisions of the Liquor Licensing Authority have been appealed in recent years. Tempel and Jensen stated that there have been no appeals in recent years. Mayor Martinez spoke regarding the importance of consistency in rulings and the significance and outcome of the San Felipe hearing. Councilmember Byme made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 21, 2000 on First Reading. Councilmember Byrne stated that he supported the Ordinance because of concerns regarding a higher level of justice. He noted that he previously had concerns regarding judicial independence and that the Municipal Judge has provided information regarding ethical issues. Councilmember Kastein stated that he would support the ordinance because of concerns regarding the ability of authority members to keep up with the complex liquor licensing codes. Councilmember Weitkunat spoke in favor of the Ordinance as a way to increase efficiency, consistency and knowledge. Councilmember Bertschy spoke regarding the increase in legal complexities and the need to have a legal framework in which to make solid decisions. February 15, 2000 Councilmember Mason stated that he would support the motion because of the serious nature of health and safety issues surrounding the regulation of alcoholic beverages. Mayor Martinez spoke in support of the motion. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 22, 2000 Amending Article XV of Chapter 15 of the City Code Regarding Solid Waste Collection and Recycling Services by Adding Provisions Pertaining to Procedural Requirements and Adding a Document Retention Requirement. Adopted on First Reading The following is staff's memorandum on this item. "Financial Impact Changes are proposed to the City Code that will help the City establish that its existing 'pay -as - you -throw " trash provisions (PAYT) are being consistently implemented by all licensed trash haulers. The amendments would require haulers to retain a set of critical records that are needed for City auditors to verify that trash service customers are being charged for extra setouts. Executive Summary The existing Code provisions require trash hauling companies to charge variable rates (the more you throw away, the more you pay) to residential single-family households, a system that creates financial incentive for households to accomplish greater levels of waste reduction and recycling. Currently, only a surveillance approach would allow the City to conclusively establish compliance with this requirement. Through review of certain records (i.e., haulers' daily routing sheets), the City would be able to monitor compliance with the PAYT system. The Ordinance was developed as a follow-up assignment to the study session in August 1999 when Council expressed interest in continuing to improve recycling in the community. After evaluating the 1995 PA YTprovisions, staff determined that the City would need to specify this new record - keeping requirement in order to ensure that variable rates are being applied, and would be better able to monitor and enforce compliance with the Code provisions through the addition of the suggested procedural requirements and mechanisms. 190 February 15, 2000 BACKGROUND: In 1995, the City took a number of new steps to increase recycling, which included adoption of a variable trash rates ordinance. The PAYT system helped motivate citizens to sign up for trash haulers' curbside recycling programs, which were made available at no additional charge (86% of the city's households now use the curbside service). During Council's review in August ofprogress that been accomplished in recycling, a number of additional new proposals were discussed to further increase recycling and waste diversion. Among them was to evaluate how well the PAYT system, after being in effect for nearly five years, is being applied. As a result ofthat evaluation, staffileveloped this recommendationfor making amendments to the regulations. Public Involvement The changes that are being brought to the Council at this time were extensively reviewed with the affected businesses and with the Natural Resources Advisory Board as follows. • First draft of amendments — October 25 • NRAB Solid Waste Reduction Committee meeting — November 1 • Notification, mail out amendments to trash haulers — November 5 • Review at NRAB meeting —November 17 • Meeting with trash haulers — November 24 • Letter to haulers with redrafted Code language and 11124 meeting minutes — December 3 • NRAB Solid Waste Reduction Committee - December 6 • Meeting with individual hauler's attorney — December 16 • NRAB Solid Waste Reduction Committee — January 10 • Follow-up letter to all haulers, including third draft of Code language — January 21 Recommendation Since it went into effect in 1996, citizens have consistently expressed concern to City staff about lack of compliance by haulers with the PAYT ordinance. Staff, however, did not pursue an enforcement approach and instead worked in a collaborative mode to allow haulers time to workout new billing systems for extra charges. Staff now concludes that the City should have an improved ability to determine ifa hauler has failed to carry out the variable trash rate requirement, and the Cityshould have additional authority to correct the problem. It will help create "an even playing field" for haulers who are following the law, because they are clearly put to an unfair disadvantage by their competitors who fail to charge customers for extra trash. 191 February 15, 2000 To address these concerns, new language is needed in the Code to allow the City access to evidence of violation, the absence ofwhich currently prevents stafffrom resolving complaints. To enable the City to enforce its own laws and respond to violations, there must be requirements for the haulers to keep records that document customers' "overages ", and the City must have a clear process for staff to audit haulers' books when necessary, and will need the ability to take action to suspend or revoke a license in the event of egregious or repeated violations. " ("Secretary's Note: City Attorney Roy arrived at the meeting at approximately this point.) Susie Gordon, Natural Resources Program Manager, explained the agenda item and noted that four of six trash haulers agree with the proposal. Councilmember Weitkunat asked about the magnitude of the problem that is being addressed. Gordon spoke regarding feedback received regarding failure to charge for additional trash. Councilmember Weitkunat asked about the complaint process. Gordon explained the complaint process. Carrie Daggett, Assistant City Attorney, spoke regarding the process used to follow up on complaints. Councilmember Weitkunat expressed concerns about the five-year revocation period. Daggett stated that five years would be the maximum possible revocation period. City Manager Fischbach noted that staff could review the five-year revocation period prior to Second Reading of the ordinance. Councilmember Weitkunat asked about the appeal process. City Manager Fischbach explained the involvement of the Financial Officer and the City Manager in the appeal process. Mayor Martinez asked about the tracking of complaints. Gordon stated that notations are kept and a formal complaint log is not maintained. Councilmember Mason spoke regarding inconsistencies in enforcement. Mayor Martinez asked about enforcement. Gordon spoke regarding tracking through the bills and trash haulers route logs. Daggett spoke regarding provisions allowing audits and investigations in response to complaints or other information received. Councilmember Kastein spoke regarding the difficulty of enforcement. Councilmember Byrne asked if the public interest is in reducing the volume of trash that goes to the landfill. Gordon spoke regarding resource conservation and extension of the life of the landfill. Mayor Martinez asked for clarification regarding the changes being made by the ordinance. Daggett outlined the changes being made. 192 February 15, 2000 Mayor Martinez asked about trash haulers picking up bags of grass and leaves. Gordon stated that this is allowed and that other communities prohibit this. Councilmember Weitkunat expressed a concern regarding the provisions pertaining to suspension and revocation. Daggett spoke regarding the process for review of decisions to suspend or revoke. Steve Roy, City Attorney, stated that the Code sets out a general penalty for violations of any Code provisions and that this ordinance would provide for additional recourse of suspension or revocation. Daggett stated that the penalty would be tied to the specific circumstances. Councilmember Byme asked if the trash haulers have accounting capability to comply with the ordinance. Gordon stated that haulers maintain route logs on paper. City Manager Fischbach noted that staff has worked with the trash haulers to make certain that the requirements of the ordinance are feasible. Councilmember Bertschy asked about the audit schedule. Gordon stated that a schedule has not been established. Councilmember Kastein expressed a concern about the five-year revocation period. City Manager Fischbach stated that staff will review the issue prior to Second Reading. Councilmember Kastein asked about the necessity of including revocation as a penalty. City Attorney Roy stated that it is important to include a procedure for suspending or revoking any type of license. Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 22, 2000 on First Reading and to direct staff to review shortening the maximum length of time of suspension or revocation. Councilmember Mason commented regarding the importance of the pay -as -you -throw ordinance for the community and environmental consciousness. Councilmember Bertschy spoke in support of a scheduling system for audits. Councilmember Kastein asked what percentage of trash hauled in Fort Collins goes to landfills other than the Larimer County landfill. Gordon stated that there is a landfill in Ault and estimated that 80 to 90% of trash in Fort Collins goes to the Larimer County landfill. Councilmember Mason asked about interest in directing the Natural Resources Advisory Board to look at the issue of placing restrictions on landfill disposal of yard waste and leaves. City Manager Fischbach stated that staff would prepare a two -page memo on the issue. [LOX] February 15, 2000 The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Resolution 2000-29 Authorizing One or More Intergovernmental Agreements with Poudre School District and Approving the Project List for the Building Community Choices City/School District Capital Projects, Adopted The following is staff s memorandum on this item. "Financial Impact $326,355 has been appropriated in the 2000 budget to spend on these projects. The remainder of the funding, approximately $370, 000, is scheduled for appropriation in the 2001 budget. Executive Summary In August, 1999, the City/Poudre School District Liaison Committee supported a recommendation to expend funds from Building Community Choices (BCC) on several capital projects that will benefit the City, the Poudre School District (PSD), and the community. City and PSD staff conducted outreach this past fall, and found widespread support for the projects. On January 24, 2000, the Board of Education voted to support the Liaison Committee's recommended projects, which include the following: (1) develop a softball field at Poudre High School, Rocky Mountain High School, and Preston Junior High School; (2) renovate existing softball/baseball fields at Blevins and Webber Junior High Schools; (3) move a soccerfield at Rocky Mountain High School; (4) build an in -line hockey rink and a skate park at Edora Park; and (5) renovate the skate park at the Northside Aztlan Community Center. BACKGROUND: The passage by the voters of Ordinance No. 31, 1997, in April, 1997, authorized $600, 000 (1996 dollars) to fund cooperative City/PSD capital projects. The City/PSD Liaison Committee was given the task ofreviewing variousproject ideas and making recommendation to the Board of Education and the City Council for final adoption. Many project ideas were identified and discussed since the passage of the Referendum in 1997. Following is a listing of these project ideas: 194 February 15, 2000 • Various school gymnasium expansions (most notably Putnam Elementary School and Boltz Junior High School) • Development ofsoccer and softball facilities at Rocky Mountain High School • Softball/baseball field renovations at Webber and Blevins Junior High Schools • Development of property at Preston Junior High School • Various school tennis court renovations • Addition of ballfleld lights at Lincoln Junior High School • LINC library enhancements • Restroom addition at Boltz athletic complex • Community room addition at Barton Early Childhood Center • Improvements to various school meeting rooms, chosen for their geographical placement around the community, for use by community groups • Roller hockey and skateboard facilities on school property • Roller hockey and skateboard facilities on City property • Grant program to be administered through the junior high schools • Addition of a soccer field at Fort Collins High School/Case Park • Addition of basketball goals at Fort Collins High School parking lot • Addition of lighted bal f elds on Colorado State University property southeast of Hughes Stadium (rodeo grounds) • Creation of a youth center at Boltz Junior High School The Recommended Projects The Liaison Committee spent a great deal of time discussing many of these ideas. The Committee eliminated some because they were too expensive. Others were eliminated because the timing was not congruent or the process was cumbersome. After two years of deliberation, the committee agreed to the following list of projects: • Build a softball field at Poudre and Rocky Mountain High Schools and Preston Junior High School • Renovate existing softball/baseball fields at Blevins and Webber Junior High Schools • Relocate a soccer field at Rocky Mountain High School to accommodate the new softball field • Build an in -line hockey rink and a skate park at Edora Park • Renovate the skate park at the Northside Azdan Community Center These projects were chosen because of the high need in the community for additional quality facilities for youth. They were also chosen because quite a few projects could be accomplished within the funding available. They also are fairly well distributed geographically throughout the community. Attachment A is an estimated distribution of funding to each project. 195 February 15, 2000 Proiect Explanation and Rationale A. Build a softball field at each of three schools: Poudre and Rocky Mountain High Schools and Preston Junior High School; renovate four existing softball/baseball fields at Webber and Blevins Junior High Schools. Fort Collins has a large active youth population and there are not enough ballfields to meet the growing demand. PSD lacks softball fields at Poudre, Rocky, and Preston, and teams from these schools are forced to travel to City parks to practice and play their scheduled games. This has resulted in additional ongoing costs to PSD in time and travel, and prevents drop -in users and non-PSD leagues from using these City fields. PSD's use of City ballfields in the afternoons conflicts with popular City -sponsored evening softball leagues by often creating delays in start times for the evening games. The result is little or no time for maintenance stafftoproperlyprepare theftelds to avoid safetyproblems. Thenewfields at these three schools create more opportunities for the City and PSD to schedule the numerous private non-profit youth softball and baseball groups. These fields will be used for youth games and community drop -in and will not be lighted. Renovation of the existing fields at Webber and Blevins will not only improve safety and playabilityforschool programs and teams, but also for the private non profit youth baseball and softball organizations when the schools are not using them. Base path distances will be expanded so a wider age range of teams can use them, increasing their versatility. Renovation will include addingpartial sidelinefencing and dugouts and replacing thegravel infields with an appropriate mix. The renovation will not include lights. The new and renovated softballlbaseball fields at these five schools will create at least five positive results: 1. A better, less costly PSD competitive softball program 2. Expanded facilities for physical education activities 3. Better quality and safer programs 4. More fields available for ballplayers in the community, with an emphasis on youth 5. A good geographical distribution of new or improved fields throughout the city B. Relocate a soccer field at Rocky Mountain to accommodate the new ballfield The new softball field at Rocky fits best on a site that is currently used for soccer. Another space is available and has the ideal topography for a soccer field. Relocation would involve some grading, adding a sprinkler system, and seeding. According to a report published in 1999 by the National Sporting Goods Association, the number ofpeople playing soccer has increased by 53% in the last decade. Both the youth and adult soccer programs in Fort Collins continue to grow, making it imperative to replace this field. 101 February 15, 2000 C. Build a new skate parkand in -line hockey rink at Edora Parkand renovate the existingskate park at Northside Aztlan Community Center. The City received a Great Outdoors Colorado (GOCO) grant in 1999 for part of the construction of a second skate park, which will be located in Edora Park. Additional fundingfrom BCC will providepart ofthe required match for the grant and also allow some additional flexibility in the design and size of the park. The existing skate park at the Northside Aztlan Community Center was constructed several years ago with a limited budget. This was a trial facility to determine the amount of use and the continued popularity of the sport. Staffand the local skateboarders designed it. Use has been significant and sustained. The wood framed structures need ongoing repairs and rebuilding. Funding would be used to increase the amount of sheet metal on various surfaces to reduce the rate of deterioration. Skateboarding and in -line skating are very popular youth activities and often provide physical activity outlets for youths and teens who do not participate in traditional team and individual sports. These facilities will allow both PSD and the City to serve a youth clientele that is often very different from the kids who play softball, soccer, tennis, and other traditional sports. The National Sporting Goods Association 1999 report indicates that in - line skating has grown 650% since 1990. The City's current skate facility is used not only by boarders, but also by in -line skaters and BMX bikers. Additional facilities will help meet the needs of those who live south ofdowntown. PSD Staffand Board are supportive of more skating facilities for youths and teens. Public Outreach Outreach was conducted last fall at each of the affected schools, and involved physical education teachers, coaches, administrators, and students. Input was gathered from several local businesses that support skateboarding and in -line skating, as well as from people in the community who participate in these activities. In addition, input was sought from the community organizations that schedule ballfzelds. Finally, input was obtained from the City's Parks and Recreation Board and Youth Advisory Board. The outreach effort was met with widespread support for the projects. Both City Boards supported the project list (Attachments Band Q. Over 300 comments were received from students and adults alike, supporting both the school improvements and the development of the skating facilities. Over 400 names appeared on petitions supporting the skating facilities. Following is a list of outreach participants: 197 February 15, 2000 - Poudre High School - Rocky Mountain High School - Preston Junior High School - Webber Junior High School - Blevins Junior High School - Fort Collins Baseball Club - Fort Collins Buckaroos - Fort Collins Girls Softball - Triple Crown Sports - Skateboard and in -line hockey input - Parks and Recreation Board - Youth Advisory Board - Support lettersfrom the GOCO grant applicationfor the skatepark, for which the City received partial funding Stafffrom PSD and the City will work closely together on these projects, and are prepared to move forward with timeline development and project design as soon as the recommended proposal is approved by City Council. Projects will be prioritized and then completed as quickly as possible, working around school and competitive sports seasons and schedules. City staffwill also work with PSD to create one or more intergovernmental agreements to address ownership, maintenance, scheduling, and related issues. Summary It is well documented that regular physical activity contributes to the overall physical, mental, psychological, and emotional health ofpeople ofall ages. Participation in physical activity releases stress, strengthens muscles, strengthens the heart and lungs, and increases alertness. Competition builds sefconfidence, social skills, and teaches life lessons associated with success and failure. It is also well documented that the residents of Fort Collins exceed the national statistics when it comes to sports participation. For instance, the national numbers show a recent decline in softball/baseball participation. This is not true, however, in Fort Collins. The number of Fort Collins youths and adults who participate in organized sports, including baseball and softball, has steadily increased over the past ten years. In 1998, over 9,500 youths and adults or about 9% of the local population participated in organized baseball and softball programs in Fort Collins. In addition, 3,516 teams involving 50,170 participants played in local softball and baseball tournaments in 1998. The Cityand PSD have both experienced a steady increase in the number ofrequests for indoor and outdoor sports space. In the past few years, neither the City nor PSD has been able to fully accommodate all requests forfacility use. As the City continues to grow, the number ofrequests will continue to increase, and both the City and PSD will continue to fall behind in meeting these needs. 101 Building these importantprojects will only help community members continue to enjoy these healthy pastimes. ATTACHMENT A ESTIMATED COSTS FOR CITY/PSD PROJECTS ESTIMATED LOCATION ITEM COST Preston Ball field $ 75,000 Webber 2 ball fields (renovation) 75,000 Blevins 2 ballfields (renovation) 75,000 Poudre Ball field 75,000 Rocky Mountain Ball field and soccer field 110,000 Edora Park Skate park 60,000 In -line skating rink 160,000 Northside Aztlan Community Center Skate park (renovation) 60,000 Subtotal. $ 690,000 1 % for art 6,900 TOTAL ESTIMATED COST: $ 696,900 City Manager Fischbach introduced the agenda item. Mike Powers, CLRS Director, presented background information regarding the agenda item. Councilmember Byrne asked about the cost of the in -line skating rink and operations and maintenance. Marty Heffernan, Assistant to the CLRS Director, stated that the estimated cost is $160,000 and that the School District would maintain the rink if it is located on District property while the City would maintain it if it is located on City property. Councilmember Mason asked about the intent of having a cooperative project with the School District in the Building Community Choices program. Powers stated that this arose from prior experience in problems with sequencing of City/School District projects. 199 February 15, 2000 Councilmember Mason asked about access to the fields by the community at large. Powers stated that such access was a requirement of both the City and the School District. Mayor Martinez noted discussions of the Liaison Committee regarding giving priority to youth. Councilmember Bertschy supported a strong commitment to give youth first access to the fields and to open the fields to the public. Councilmember Mason requested a two -page memorandum regarding the frequency ofpublic access to the new Fort Collins high school theater. Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2000-29. Councilmember Mason commented regarding community dialogue discussions at the time he served on the previous Liaison Committee regarding capital partnerships that would have an educational purpose. Councilmember Byrne thanked staff for its work on the issue and urged continued work on cooperative projects with the School District. Councilmember Kastein spoke in support of such cooperative ventures and looking at other needs on a cooperative basis in the future. Councilmember Bertschy thanked staff for its work and noted the improvements to Atzlan park. Mayor Martinez spoke in support of the Resolution and the benefits of this cooperative venture. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Resolution 2000-43 Opposing Proposed Amendments to House Bill 1223, Adopted The following is staffs memorandum on this item. 200 February 15, 2000 "Executive Summary HB 1223 is a bill that proposes to further enable and encourage local governments to plan for and manage growth. The City has adopted a resolution supporting HB 1223 as it was originally introduced, as well as other State Growth Management Legislation that would establish basic planning requirements for fast growing communities. Since the adoption of the Resolution, several amendments have been made to HB 1223. The Legislative Review Committee has reviewed these amendments, and views several of the amendments as having a potential negative effect on the City. This is because amendments include provisions that limit the length of time within which the City must provide services to annexed property, as well as provisions that require cities to permit other utility service providers to provide services to annexed areas rather that allowing services to be provided through city -owned utilities. The amendments proposed by the bill could limit the City's options for managing the way it grows. Without balancing these new limitations with a requirement that counties provide appropriate services, these amendments could further encourage inappropriate urban level development outside of municipalities. Also, passingHB 1223 in its current amended form would give all utility service providers, in effect, an automatic franchise which would entitle them to serve all annexed areas of the City when an area currently served by one ofthe utilities is annexed. No meaningful consent would need to be obtained from the Cityfor thatfranchise. This would significantly limit local control, infringe upon the City's constitutional and home -rule powers concerning the granting offranchises, limit growth of General Fund revenues, increase the cost to citizens for electricity, increase General Fund costs, and reduce quality and levels of service for the citizens of Fort Collins. This Resolution expresses the Council's continued support for the Bill in its original form, its continued support for stronger growth management legislation, and its opposition to these negative amendments. " City Manager Fischbach recommended Council consideration of the proposed Resolution Councilmember Weitkunat noted Legislative Review Committee discussions relating to the proposed House Bill. Councilmember Weitkunat made a motion, seconded by Councilmember Mason, to adopt Resolution 2000-43. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED 201 February 15, 2000 Councilmember Mason spoke regarding the threatening language against specific community leaders that appeared in Eddie Faillace's column in the Forum in light of heightened sensitivity following the Columbine school shootings. Councilmember Byrne asked about freedom of speech issues. City Attorney Roy stated that legal research could be done regarding the issue. Councilmember Weitkunat spoke regarding free speech and suggested that the issue maybe beyond the purview of the Council. Councilmember Kastein stated that while it is important for individual Councilmembers to raise issues that he would not support the Council as a whole taking any kind of sanctions in this situation. Councilmember Bertschy noted the importance of the discussion and commented that there is a fine line to walk on such matters. He requested additional legal perspective on the matter for general information. Councilmember Mason stated that his intent is discussion of the issue by community leaders rather than some type of formal action. He expressed his distaste for the language used by the columnist. Councilmember Byrne commented regarding the responsibility of publications to present views in a fair way. Councilmember Kastein stated that personal attacks in any form serve no purpose. Mayor Martinez spoke regarding forgiveness and stated that he would not support formal sanctions. Councilmember Byrne proposed having the Governance Committee discuss the process for evaluations of the City Attorney, City Manager and Municipal Judge. Mayor Martinez spoke regarding a proposed process for this discussion. 202 February 15, 2000 Councilmember Byrne suggested that the recommendation developed by the Governance Committee be brought forward for adoption of a Council Resolution on the issue. Councilmember Mason spoke regarding discussions ofthe previous Council regarding the evaluation process. Councilmember Kastein noted that work is going on with the Board of Realtors and CSU groups regarding the public nuisance ordinance. Councilmember Bertschy noted that he has met with Linda Hopkins and Scott Wilkinson regarding the public nuisance ordinance. Councilmember Mason noted that a public hearing is scheduled on the proposed ordinance in March. Councilmember Weitkunat expressed concern regarding the magnitude of public input on the proposed ordinance. Adjournment The meeting adjourned at 9:05 p.m. Mayor ATTEST: City Clerk l3 203