Loading...
HomeMy WebLinkAboutMINUTES-09/05/2000-RegularSeptember 5, 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, September 5, 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: Byrne, Martinez, Mason and Wanner. Councilmembers Absent: Bertschy, Kastein and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy Citizen Participation Valerie Trujillo, 2408 Rosewood Lane, spoke regarding previous positive interactions with the City compared with recent negative interactions with the City regarding the recent dirt hauling on Prospect, Drake and Lemay. John Meleski, 2619 Featherstar Way, spoke regarding energy code and conservation concerns. Jennifer Hazelton, ASCSU representative to the City Council, introduced herself to the Council. City Participation Follow up Mayor Martinez asked that staff review the energy conservation figures reference by Mr. Meleski during his comments. Mayor Martinez noted that he wrote a soapbox article for the newspaper regarding the issues surrounding the dirt hauling and stated that there is always room for improvement regarding citizen participation. Agenda Review City Manager Fischbach stated that there are no changes to the printed agenda. Councilmember Mason withdrew item #30Items Relating to Elections from the Consent Calendar. EM September 5, 2000 CONSENT CALENDAR Second Readine of Ordinance No. 93, 2000 Appropriating Unanticipated Revenue in the Transit Services Fund for Transfer to the Capital Projects Fund Transit Center Capital Project. On June 20, 2000, Council adopted Ordinance No. 78, 2000, authorizing the transfer of $1,698,400 from the Transit Services Fund to the Capital Projects Fund for the completion of the Downtown Transit Center. Ordinance No. 93, 2000, which was unanimously adopted on First Reading on August 15, 2000, appropriates the remaining funds for the transit project. 8. Second Reading of Ordinance No. 94.2000 Appropriating Unanticipated Revenue in the Capital Proiects Fund 1/4 Cent Building Community Choices Natural Areas Capital Project to be used for Environmental Education Projects In July 1996, the City Council adopted Resolution 96-85, supporting the Poudre/Big Thompson Legacy Grant Application. From that application, Great Outdoors Colorado awarded $3.4 million. The $50,000 for which appropriation is requested is an element of that grant covering education/interpretation features in the Fort Collins area. Ordinance No. 94, 2000, which was unanimously adopted on First Reading on August 15, 2000, appropriates $50,000 in the Natural Areas 1/4 Cent Building Community Choices fund education project. 9. Second Reading of Ordinance No. 95, 2000 Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. Pursuant to Resolution 99-97, the City contracted with Colorado State University for visitor center space at the Environmental Learning Center/Visitors Center to the south of Prospect Road, approximately one -quarter mile west of Interstate 25. The City, in its effort to welcome visitors to Fort Collins through the activities of its convention and visitor services contractor, the Fort Collins Convention and Visitors Bureau (the "CVB"), will use the space for the Fort Collins Welcome Center. Ordinance No. 95, 2000, was unanimously adopted on First Reading on August 15, 2000. 10. Second Reading of Ordinance No. 96, 2000 Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. Ordinance No. 96, 2000, which was unanimously adopted on First Reading on August 15, 2000, appropriates grant revenue in the general fund for Fort Collins Build a Generation (FCBG). FCBG is part of a state-wide initiative designed to reduce youth violence, delinquency, school drop -out, pregnancy and substance abuse. 490 September 5, 2000 11. Second Reading of Ordinance No. 97, 2000, Appropriating Funds from the Affordable Housing Fund for an Impact Fee Rebate Payment for the Bull Run Apartments Affordable Housing Project. Ordinance No. 97, 2000 contained the wrong amount to be appropriated from the Affordable Housing Fund prior year reserves. The calculation used to determine the request incorrectly took into consideration 2000 budget funds. However, the entire amount, $207,450, should be appropriated from the prior year reserves. Adoption of this Ordinance on Second Reading on the Consent Agenda will amend it to reflect the correct amount to be appropriated. Ordinance No. 97, 2000 was unanimously adopted on First Reading on August 15, 2000. 12. Second Reading of Ordinance No. 98, 2000 Appropriating Unanticipated Revenue in the General Fund for the Human Rights Office. The Human Rights Office has received an anonymous donation of $50,000 to fund a contractual position for one year. This contractual position will be charged with developing and coordinating a year -long youth program that will develop leaders and community builders in the City of Fort Collins from under -represented, non-traditional youth leaders. In addition, this position will be preparing and conducting presentations and educational programs on topics such as diversity and multiculturalism for public and private sector groups. This position, among other things, will also be planning, promoting and coordinating community programs and projects such as Martin Luther King Jr. Day and Cinco de Mayo, and will conduct ongoing research for additional and continuous financial program assistance. Ordinance No. 98, 2000, was unanimously adopted on First Reading on August 15, 2000. 13. Second Reading of Ordinance No. 99, 2000 Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to be Used for Upgrading the Railroad Crossing Material at the Trilby Road/Burlington Northern Santa Fe Railroad CrossinJ4 Located East of Shields Street. Ordinance No. 99, 2000, was unanimously adopted on First Reading on August 15, 2000, and appropriates funds to upgrade the crossing material at the Trilby Road/Burlington Northern Santa Fe Railroad (BNSFRR) crossing located east of Shields Street. 14. Second Reading of Ordinance No. 100, 2000, Amending Article V Section 23-156 of the City Code and Repealing Certain Rules and Regulations Relating to the Abandonment of Burial Spaces at Grandview and Roselawn Cemeteries. 491 September 5, 2000 This Ordinance, which was unanimously adopted on First Reading on August 15, 2000, allows the cemeteries to reclaim approximately 1,800 grave spaces in which no interment has occurred and no perpetual care fee has been paid. 15. Items Concerning Payment of Additional Water and Sewer Plant Investment Fees A. Second Reading of Ordinance No. 101, 2000, Amending Section 26-120 of the City Code Concerning Additional Payment of Water Plant Investment Fees When Initial Payment Miscalculated. B. Second Reading of Ordinance No. 102, 2000, Amending Section 26-283 of the City Code Concerning Additional Payment of Sewer Plant Investment Fees When Initial Payment Miscalculated. These Ordinances, which were unanimously adopted on First Reading on August 15, 2000, authorize the General Manager of Utility Services to allow the user to pay the additional PIFs over time under reasonable terms and conditions. Adoption of the Ordinances also make it unlawful for any person to knowingly provide false, inaccurate or fraudulent information to be relied upon by the Utilities when calculating a user's PIF. 16. Second Reading of Ordinance No. 103, 2000, Amending Section 2-167 of the CijY Code Relating to Membership of the Commission on the Status of Women At its July 24, 2000 meeting, the Commission on the Status of Women (COSW) voted unanimously to recommend a reduction in the membership of the Commission from 13 members to 11 members. This Ordinance, which was unanimously adopted on First Reading on August 15, 2000, reduces the membership of the Commission effective September 15, 2000. 17. Second Reading of Ordinance No. 104, 2000, Amending Article III of Chapter 20 of the City Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code But Allowing Certain Ornamental Grasses to be Exempt from the Grass Height Limitation Ordinance No. 104, 2000, which was unanimously adopted on First Reading on August 15, 2000, eliminates the Xeriscape Certification Program, and exempts certain ornamental grasses from the six (6) inch grass height limitation. 18. Items Relating to the Hearthfire Way Annexation and Zoning_ A. Second Reading of Ordinance No. 105, 2000, Annexing Property Known as the Hearthfire Way Annexation to the City of Fort Collins, Colorado. 492 September 5, 2000 B. Second Reading of Ordinance No. 106, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property hicluded in the Hearthfire Way Annexation to the City of Fort Collins, Colorado. On August 15, 2000, Council unanimously adopted Resolution 2000-99 Setting Forth Findings of Fact and Determinations Regarding the Hearthfire Way Annexation and Zoning. On August 15, 2000, Council also unanimously adopted on First Reading Ordinance No.'s 105 and 106, 2000, annexing and zoning 3.21 acres located on the south side of Douglas Road (County Road 54), east of County Road 13, and west of County Road 11. The requested zoning for this annexation is UE — Urban Estate. The surrounding properties are zoned O - Open (to the north, in Latimer County), FAl- Farming (to the east, in Larimer County), FA-1 - Farming (to the west, in Larimer County), and UE (to the south). 19. Items Relating to the Riverbend Third Annexation and Zoning. A. Second Reading of Ordinance No. 107, 2000, Annexing Property Known as the Riverbend Third Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 108,2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverbend Third Annexation to the City of Fort Collins, Colorado. On August 15, 2000, Council unanimously adopted Resolution 2000-100 Setting Forth Findings of Fact and Determinations Regarding the Riverbend Third Annexation and Zoning. On August 15, 2000, Council also unanimously adopted on First Reading, Ordinance No.'s 107 and 108, 2000, annexing and zoning 1.25 acres located on the south side of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Club Gardens Nursery operation and is in the FA — Fanning Zoning District in Larimer County. 20. Items Relating to the Trilby Heights Sixth Annexation and Zoning A. Second Reading of Ordinance No. 109, 2000, Annexing Property Known as the Trilby Heights Sixth Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 110, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Heights Sixth Annexation to the City of Fort Collins, Colorado. 493 September 5, 2000 On August 15, 2000, Council unanimously adopted Resolution 2000-101 Setting Forth Findings of Fact and Determinations Regarding the Trilby Heights Sixth Annexation and Zoning. On August 15, 2000, Council also unanimously adopted on First Reading, Ordinance No.'s 109 and 110, 2000, annexing and zoning 6.54 acres located on the west side of South Shields Street and south of Trilby Road. The property is partially developed as a roadway (Trilby Road), and the remainder is undeveloped. It is in the FAl — Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN — Low Density Mixed -Use Neighborhood and LIE — Urban Estate. 21. Second Reading of Ordinance No. 111, 2000 Designating the S. A Johnson House 623 Mathews Street, as a Historic Landmark Pursuant to Chanter 14 of the City Code The owner of the property, Lori Thompson, initiated this request for historic landmark designation for the S. A. Johnson House. This building is significant to Fort Collins as a good example of the Classic Cottage architectural style. The home is listed on the National Register of Historic Places as a contributing element of the Laurel School National Register District, established in 1980. Ordinance No. 111, 2000, was unanimously adopted on First Reading on August 15, 2000. 22. Postponement of the Second Reading of Ordinance No 112 2000 Appropriating Unanticipated Revenue in the Transportation Services Fund State Highway 14 and Lemay_ Avenue Intersection Project until September 19 On January 18, 2000, the City Council voted unanimously to move ahead with a modern roundabout at the intersection of State Highway 14 (SH 14) and Lemay Avenue. The decision was based on the superior performance of the modem roundabout in virtually all aspects of the evaluation criteria. On June 9, 2000, the Colorado Department of Transportation (CDOT) gave its approval of the modern roundabout contingent upon entering into an Intergovernmental Agreement with the City regarding the operation and maintenance of the intersection. Ordinance No.112, 2000, which was unanimously adopted on First Reading on August 15, 2000, appropriates unanticipated revenue to be used to construct improvements associated with the roundabout for the State Highway 14 and Lemay Avenue Intersection project. Because the final costs for the Wal-Mart development have not been fully determined, staff recommends that the Second Reading of Ordinance No. 112, 2000 be postponed to September 19. 494 September 5, 2000 23. First Reading of Ordinance No. 114 2000 Appropriating Unanticipated Revenue in the Capital Projects Fund Building Community Choices Community Parks Capital Project from the Colorado Division of Wildlife Through the Fishing is Fun Program to Install an Aeration System to Improve Water Quality and Fishery in Sheldon Lake at City Park The water quality and condition of Sheldon Lake in City Park has deteriorated over the past two decades from various sources of pollution. As a result, the fishery has also suffered and a decline in the number of fishermen has been seen. The Parks and Recreation Department applied for the "Fishing Is Fun" grant to help fund installation of an ozone aeration system. Fish will be stocked in 2001 after some measure of improvement has been shown in the lake. The aeration system and microbes were recommended in a 1995 study of ways to improve the lake's water quality. The grant funds are provided on a matching basis through the federal Sportfish Restoration Project administered by the Colorado Division of Wildlife through its Fishing is Fun Program. The $42,500 grant is matched by $47,500 in cash from the City for the aeration system installation and fish stocking. Another $1,760 is for design and engineering provided by the City. The installation of the system will continue the lake restoration efforts started in 1998 that have improved the exterior areas of Sheldon Lake. The water quality should improve and the sludge on the lake bed should also be reduced, providing for more water storage and a better sport fishing experience. 24. First Reading of Ordinance No. 115, 2000 Appropriating Federal Grant Revenue and Authorizing the Transfer of Appropriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 2000-2001 Metropolitan Planning Organization Administration Program Year. The North Front Range Transportation & Air Quality Planning Council (NFRT&AQPC) is the regional Metropolitan Planning Organization. The administration/program budget for the NFRT&AQPC is funded with federal transportation program dollars administered by the Colorado Department of Transportation (CDOT) based on the federal fiscal and program year of October 1, 2000 to September 30, 2001. This period does not correspond to the City's calendar year appropriation time frame, and this time differential causes some accounting and budget management problems. The Council's approval of this Ordinance will enable staff to more consistently manage and track the NFRT&AQPC's budget and expenditures. The proposed budget and appropriation for the 2000-2001 program year is $579,475 for administration of the NRFT&AQPC. 495 September 5, 2000 25. First Reading of Ordinance No 116 2000 Appropriating $2 424 000 from Light and Power Fund Prior Year Reserves to Relocate and Upgrade the Capacity of the Electric Substation on Overland Trail Road. The requested appropriation will allow the Utilities to relocate the Overland Trail Substation (Overland at Mulberry) to Platte River Power Authority's Dixon Creek substation site at Overland Trail at Drake. The relocation was recently requested by Platte River in order to save $600,000 per year in transmission wheeling costs. Platte River will reimburse the City for the portion of the project related to relocation. The reimbursement is estimated to be $1,000,000. In addition, Platte River will also contribute on -site construction needed for relocation. The on -site construction will be a direct expenditure for Platte River. In conjunction with the relocation, the capacity of the substation will be increased and additional ductbank and circuits will be constructed. The construction of additional capacity was originally planned for 2004. 26. First Reading of Ordinance No. 117, 2000 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. The participating agencies will benefit from grant funds in the areas of overtime, confidential funds, salaries, training, and lease expenses associated with the off -site facility and 50% funding of the Fort Collins Police Services lieutenant position which manages the Task Force. This appropriation is not a request to identify new dollars for Police Services' 2000/2001 budget. This action simply appropriates the $295,506 in new federal grant money and $3,320 from Colorado State University. 27. First Readine of Ordinance No. 118, 2000 Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Matchin2 Funds Previously Appropriated in the Police Services Operating Budget to the LLEBG Grant Project. Fort Collins Police Services has been awarded a grant under the U. S. Department of Justice, Local Law Enforcement Block Grant program (LLEBG) in the amount of $84,943 for the procurement of equipment and technology related to basic law enforcement functions. A local cash match of $9,438 is required and will be met by the existing Police Services budget. The grant funds will be used to continue the mobile data terminals (MDTs) to laptop computer conversion project. The MDTs are outdated and have fewer capabilities than laptop computers. Converting from MDTs to laptop computers enhances the officers' abilities to complete reports and other documentation in the field. c.p September 5, 2000 28. First Reading of Ordinance No. 119, 2000, Appropriating Unanticipated Revenue in the General Fund for the Purchase of the Computer Aided Dispatch System the Fire Records Management System, and the Automatic Vehicle Locating System. Police Services (FCPS), Poudre Fire Authority (PFA), Poudre Valley Hospital (PVH), and Municipal Court are cooperatively replacing existing computer aided dispatch (CAD), Police records management (Police RMS), Fire records management (Fire RMS), and court computer systems. PFA and PVH have agreed to purchase an automatic vehicle locating system (AVL) that will allow real time tracking and monitoring of their vehicle fleets. FCPS and PFA will be purchasing laptops to replace existing mobile data terminals in their vehicles. 29. First Reading of Ordinance No. 120, 2000, Authorizingthe a Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Roundabout at Mulberry and Lemay. Improvements at the intersection of Mulberry (SH14) and Lemay will include construction of a three lane modern roundabout with pedestrian and bike amenities. The proposed location is the current intersection. A minor amount of additional right-of-way (ROW) is needed at all four corners of the existing intersection. Also necessary for this project is: (1) a minor amount of slope easement at the northwest and southeast intersection comers; (2) a stormwater drainage easement east of this intersection and south of Mulberry Street; (3) an easement across the railroad tracks on the southeast corner of the Riverside Avenue/Mulberry intersection; and (4) various temporary construction easements adjacent to the work areas. Timing of the intersection improvements is critical. Improvements need to be constructed and operational prior to the opening of an adjoining commercial development. This will allow the intersection users a few months to become accustomed to this modem roundabout prior to the expected vehicle increases from above -mentioned development. Additionally, CDOT does require that all ROW be secured prior to going out to bid for construction. 30. Items Relating to Elections. A. First Reading of Ordinance No. 121, 2000, Amending Section 7-127 of the City Code Relating to Campaign Contribution Limits. B. First Reading of Ordinance No. 122, 2000, Amending Section 7-129 of the City Code Relating to Election Campaign Reports. At its June 27, 2000 Study Session, Council discussed the current limit ($50) imposed on campaign contributions. The consensus of the Council was that the limits should be increased to $100 for Mayoral candidates and $75 for District candidates. If adopted, this Ordinance will implement those increases and will become effective well in advance of 497 September 5, 2000 campaign periods for the April 2001 election. The Ordinance will also conform several of the definitions in this Section to those contained in the Fair Campaign Practices Act (FCPA). In addition, staff is proposing an amendment to the Code relating to the filing of an additional campaign report in response to a recent amendment to the FCPA. If adopted, the second Ordinance will provide that the additional report be current as of five (5) days prior to the filing date, rather than two (2) days as currently stated in the City Code. 31. Items Relating to an Intergovernmental Agreement with Larimer County Concerning the Coyote Ridge Natural Area. A. First Reading of Ordinance No. 123, 2000, Authorizing an Intergovernmental Agreement with Larimer County Concerning the Coyote Ridge Natural Area and Authorizing the Conveyance of an 28.09% Undivided Interest in Portions of Coyote Ridge Natural Area to Larimer County. B. First Reading of Ordinance No. 124, 2000, Appropriating Unanticipated Revenue in the 1/4 Cent Sales Tax for Natural Areas Capital Fund Received from Larimer County for the Coyote Ridge Natural Area. Since 1994, the City of Fort Collins has been working with Larimer County and Loveland to preserve significant areas of open land between Fort Collins and Loveland. The partners have collaborated on several conservation projects in this area, including the 841-acre Coyote Ridge Natural Area. This property is comprised of three distinct parcels, a 442-acre parcel acquired by the City of Fort Collins in 1994, a 315-acre parcel acquired by the City of Fort Collins in 1995, and an 84-acre parcel (the "Steppel" property) acquired by Larimer County in 1997. 32. Resolution 2000-110 Authorizingthe a Mayor to Enter into an Intergovernmental Agreement with the Poudre School District R-1 for the Administration of the School Crossing Guard Program. The School Crossing Guard Program (the "Program") provides safe student crossing of arterial streets located near elementary schools. With the growth of the City and addition of elementary schools, the Program increased to twenty-five crossing guards and substitutes and one part-time coordinator. Because of the close interaction between the crossing guards, students, and school staff, it became apparent to both the City and the Poudre School District R-1 (the "School District') that the efficiency of the Program would increase if it was administered by the School District. It has also been difficult for the City to provide the Program coordination because it is the equivalent of .35 FTE. The position is impossible to hire as a stand-alone and difficult to combine with another job. However, funding was a problem for the School District. EM September 5, 2000 33. Resolution 2000-111 Authorizingthe e City Manager to Execute a Grant Agreement with the United States Federal Aviation Administration to Rehabilitate a Portion of the General Aviation Apron. During runway inspection in 1994, the airport staff discovered deterioration of the runway and ramp (aircraft parking area) pavements. Tests were conducted to determine the extent of the damage and to develop a repair program for the runway and ramp. A schedule to rehabilitate the pavements was developed. The runway was paved in May (2000). The Federal Aviation Administration is now offering a grant to repair and pave the southern portion of the ramp. The project covered by this grant is considered "maintenance" and is consistent with the Airport Operations and Development Policy. The work is scheduled to begin Spring 2001 and will take approximately 2 to 3 weeks to complete. 34. Resolution 2000-112 Authorizing the City Manager to Execute an Agreement with CH2M Hill. Inc. for Professional Aviation -Related Engineering and Design Services at the Fort Collins -Loveland Municipal Airport The Federal Aviation Administration (FAA) advises airports receiving federal funding to retain the services of an aviation -oriented engineering firm for grant projects identified in the Airport's Capital Improvement Plan. The vendor selection process and evaluation criteria are specified by the FAA. The FAA further recommends that the contract with the engineering consultant be for five years. In 1994, the Airport contracted with Isbill Associates, Inc. of Aurora, CO, for professional engineering and design services. In March of 2000, the Airport requested proposals from qualified firms interested in providing engineering services to the Airport. Five firms responded: CH2M Hill, Inc. of Denver, CO, Knight Piesold and Co. of Denver, CO, Armstrong Consultants, Inc. of Grand Junction, CO, URS Greiner Woodard Clyde of Colorado Springs, CO, and Raytheon Infrastructure, Isbill Division of Englewood, CO. On April 25, 2000, the firms were interviewed by a selection committee comprised of municipal employees from Fort Collins and Loveland familiar with the Airport's needs and professional procurement procedures. The committee, following established municipal and FAA guidelines and criteria, selected CH2M Hill, Inc., based upon the firm's experience and superior proposal and recommends that a five-year contract be executed. 35. Resolution2000-113 Reestablishing the Amount oftheTeleohoneExchange Access Facility Charge for the Latimer Emergency Telephone Authority Effective January 1 2001 The Latimer Emergency Telephone Authority (LETA) was created pursuant to C.R.S. Section 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen (19) other governmental entities in Latimer County. 499 September 5, 2000 The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collins City Council. This fee remained the same each year by annual approval of the LETA Board, until 1998 when the fee was decreased by 10% to the current forty-five cents ($.45). At the August 2, 2000 LETA Board meeting, the Board approved a telephone exchange access facility charge and a wireless communications access charge effective January 1, 2001, each at the rate of $.45 per month. 36. Routine Easements. A. Easement for construction and maintenance of public utilities from RSJ Properties, to underground overhead electric services, located at 524 South Grant. Monetary consideration: $10. B. Deed of dedication for easement from System Capital Real Property Corporation for utilities, located on the southwest corner of Willox Lane and North College Avenue. Monetary consideration: $10. Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Project. 8. Second Readine of Ordinance No. 94, 2000, Appropriating Unanticipated Revenue in the 9. Second Reading of Ordinance No. 95, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. 10. Second Reading of Ordinance No. 96, 2000 Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. 11. Housing Project. 12. Second Reading of Ordinance No. 98, 2000 Appropriating Unanticipated Revenue in the General Fund for the Human RiLyhts Office. 13. Second Reading of Ordinance No. 99 2000 Appropriating Unanticipated Revenue in the Located East of Shields Street. September 5, 2000 14. Second Reading of Ordinance No. 100, 2000, Amending Article V. Section 23-156 of the City Code and ReRules and Regulations Relating to the Abandonment of pealine Certain Burial Spaces at Grandview and Roselawn Cemeteries 15. Items Concerning Payment of Additional Water and Sewer Plant Investment Fees A. Second Reading of Ordinance No. 101, 2000, Amending Section 26-120 of the City Code Concerning Additional Payment of Water Plant Investment Fees When Initial Payment Miscalculated. B. Second Reading of Ordinance No. 102, 2000, Amending Section 26-283 of the City Code Concerning Additional Payment of Sewer Plant Investment Fees When Initial Payment Miscalculated. 16. Second Reading of Ordinance No. 103, 2000 Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women 17. Second Reading of Ordinance No. 104, 2000 Amending Article In of Chanter 20 of the Citv Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code But Allowing Certain Ornamental Grasses to be Exempt from the Grass Height Limitation 18. Items Relating to the Hearthfire Way Annexation and Zoning A. Second Reading of Ordinance No. 105, 2000, Annexing Property Known as the Hearthfire Way Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 106, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hearthfire Way Annexation to the City of Fort Collins, Colorado. 19. Items Relating to the Riverbend Third Annexation and Zoning A. Second Reading of Ordinance No. 107, 2000, Annexing Property Known as the Riverbend Third Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 108, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverbend Third Annexation to the City of Fort Collins, Colorado. 501 September 5, 2000 20. Items Relating to the Trilby Heights Sixth Annexation and Zoning A. Second Reading of Ordinance No. 109, 2000, Annexing Property Known as the Trilby Heights Sixth Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 110, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Heights Sixth Annexation to the City of Fort Collins, Colorado. 21. Second Reading of Ordinance No. 111. 2000 Designating the S. A Johnson House 623 Mathews Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code Ordinances on First Reading were read by title by City Clerk Krajicek. 23. First Reading of Ordinance No. 114, 2000 Appropriating Unanticipated Revenue in the 24. System to hnprove Water Quality and Fishery in Sheldon Lake at City Park Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 2000-2001 Metropolitan Planning Organization Administration Program Year. 25. First Reading of Ordinance No 116 2000 Appropriating $2 424 000 from Light and Power Fund Prior Year Reserves to Relocate and Upgrade the Capacity of the Electric Substation on Overland Trail Road. 26. First Reading of Ordinance No. 117, 2000 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Proiects for the Multi -Jurisdictional Drug Task Force 27. First Reading of Ordinance No. 118, 2000 Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the LLEBG Grant Project. 28. First Reading of Ordinance No. 119. 2000. Annronriatine Unanticipated Ravenne in the Management System, and the Automatic Vehicle Locating System. 29. First Reading of Ordinance No. 120.2000 Authorizing the Acquisition by Eminent Domain 502 September 5, 2000 31. Items Relating to an Intergovernmental Agreement with Larimer County Concerning the Coyote Ridge Natural Area. A. First Reading of Ordinance No. 123, 2000, Authorizing an Intergovernmental Agreement with Latimer County Concerning the Coyote Ridge Natural Area and Authorizing the Conveyance of an 28.09% Undivided Interest in Portions of Coyote Ridge Natural Area to Latimer County. B. First Reading of Ordinance No. 124, 2000, Appropriating Unanticipated Revenue in the 1/4 Cent Sales Tax for Natural Areas Capital Fund Received from Larimer County for the Coyote Ridge Natural Area. 40. First Reading of Ordinance No. 113, 2000, Authorizing the Conveyance of Non-exclusive Easement Interests For the Construction of an Offsite Sewer Line Related to the Linden Park Development in Fossil Creek Wetlands Natural Area. 41. First Reading of Ordinance No. 125, 2000, Amending Section 7-127 of the City Code Relating to Independent Expenditures. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Martinez, Mason and Wanner. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Mason requested a one -page memo regarding whether all sources of pollution have been addressed prior to Second Reading of item #23 Ordinance No. 114, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund Building Community Choices Community Parks Capital Project from the Colorado Division of Wildlife Through the Fishing is Fun Program to Install an Aeration System to Improve Water Quality and Fishery in Sheldon Lake at CityPark. Councilmember Byrne noted that several transportation related projects were on the Consent Calendar. Councilmember Reports Councilmember Mason reported on Finance Committee discussions regarding the extension of the audit contract with Bondi and Company, the Bruce statewide initiative number 205 entitled Tax Cuts and a proposed Resolution in opposition, a review of the management letter and the annual financial report for the City and the Housing Authority, notification from Moody's Investor Service of 503 September 5, 2000 improved bond ratings for the Wastewater Revenue and Sales and Use Tax Bond issues, and the RFP the schedule for City banking services. Ordinance No. 113, 2000 Authorizing the Conveyance of Non-exclusive Easement Interests For the Construction of an Offsite Sewer Line Related to the Linden Park Development in Fossil Creek Wetlands Natural Area Adopted on First Reading The following is staff's memorandum on this item. "Financial Impact The developer of the Linden Park project will be responsible for all costs associated with the construction of the sewer line and restoration of disturbed areas. The developer has agreed to pay a total of $6, 413 as compensation for the fair market value of the temporary construction easement and the permanent easement. This value was determined by the City's Right -of -Way Agent. The developer has also agreed to pay to the City the costs of relocating raptor perches and trees and shrubs, which are estimated to be $700, and to pay to the City the amount of $6, 713 for management of areas to be reseeded by the developer. The total payment to the City will be $13,826. Executive Summary The City of Fort Collinspurchased the parcels ofland now known as Fossil Creek Wetlands Natural Area in 1995. The northern portion of the property contains an existing sewer line, which provides service to portions ofsoutheast Fort Collins. The proposed easements would allow the construction of a new sewer line to connect newly developing areas in southeast Fort Collins to the existing sewer line. BACKGROUND: TM ONE, LLC, a Colorado limited liability corporation is the contract purchaser of a 37.30 acre tract of land located in southeast Fort Collins, north of Trilby Road and west of Timberline Road. TM ONE has proposed development ofa 201-unit single family residential project known as Linden Park. The development proposal has received approval and is scheduled for final compliance review in September of this year. As a condition of its approval for the Linden Park development, TM ONE is required to obtain easements and right-of-way for the installation ofa sanitarysewer line for the collection and service of sanitary sewer and wastewater to the proposed development and other nearby areas (north of Trilby Road and west of Timberline Road) that will develop in the future according to the City's adopted comprehensive land useplan. The proposed 15-inch line has been sized to ensure adequate sewer service for these future development areas. 504 September 5, 2000 TM ONE has requested a 100 foot wide temporary construction easement and a 20 foot permanent easement. TM ONE is required to design and construct the sewer line connection to the existing sewer line, and following completion, turn the improvements over to the South Fort Collins Sanitation District. A separate easement agreement has been developedfor thepermanent easement for the operation, maintenance and repair of the line by the District. The easement agreement does not allow replacement of this line or installation of any additional facilities by the District. TM ONE considered several alternatives to locating the proposed sewer line on the City Natural Area. Several factors dictated the proposed location. • There are no existing sewer lines within Timberline Road, so it was not an option to connect directly from their property to a utility corridor to the east. Construction ofa new trunk line adjacent to Timberline is not in the District's future plans, and would require disturbance of significant wetland areas within the City natural area, if that were proposed. • Similarly, there are no existing lines within Trilby Road and a connection along Trilby to the east is infeasible because the terrain rises significantly in this area. Even if it were feasible, this would require an entirely new trunk line in the Timberline right-of-way, which would entail significant natural area disturbance. • Existing sewer service within Paragon Estates is notsized to handle any additional capacity. Adding additional lines through this development would still entail crossing the Fossil Creek Wetlands Natural Area. • It is technically feasible to cross open space tracts within the Paragon Estates development for most of the route. However, this route could still not avoid crossing the city -owned Natural Area and would cross vegetation that is less disturbed than that in the proposed right-of-way. • It is also technically feasible to route the proposed line west on Trilby Road and then turn south to connect to the existing sewer main. The connection could be made either east of the railroad tracks, or west of them. In either case, however, the line would still need to cross open land with similar resource values to theproposed line, but would also entail crossing of Fossil Creek. This would be more harmful to the natural resources than the proposed route. TM ONE has worked with Natural Resources staff to locate the proposed easement in away that minimizes disturbance of the site. The sewer line would be installed within an existing, disturbed dirt roadway that provides access to a pump station located on the natural area. In total, a maximum of 2.74 acres of land may be disturbed during the construction activity. TM ONE has also agreed to all recommendations made by Natural Resources staff regarding resource protection during construction and restoration of the property following construction. These measures include the following: A specific access plan to assure construction activity only in designated areas. 505 September 5, 2000 • Survey of prairie dog burrows to determine occupancy and removal or fumigation of prairie dogs in accordance with the City's policy for management ofprairie dogs in City natural areas and reimbursement of any costs incurred by the City. • Erosion control plan in conformance with City Stormwater Design Criteria and Construction Standards. • Construction timing to avoid periods of time when sensitive wintering birds ofprey or nesting burrowing owls are present. • Reimbursement to the City for the costs of removal and replacement of 15 shrubs, 3 cottonwood trees, and 1 raptor perch pole previously installed by the City, estimated at $700. • Posting of signs explaining the purpose for the sewer line installation. • Segregation of topsoil from disturbed areas. • Reseeding of disturbed areas per Natural Resources specifications and payment in the amount of $6,713 for the costs anticipated by the City for long-term vegetation management on the disturbed area. • Placement of manholes below grade so that they are not visible following construction. • Limitation on the length of exposed trench open at any one time to limit the potential for resource damage due to heavy moisture events. • Restricting the duration of the construction process to a week or less. Given the location of the existing main sewer line, the lack of better alternatives, and agreement on the appropriate resource protection measures, staff recommends approval of the proposed easements. The new sewer line will connect to an existing sewer line that was in place for many years prior to the City's acquisition ofthe site. The sewer line location will not disturb any sensitive vegetation and will not occur during periods of the year when especially sensitive wildlife species are present on the site. The construction will create a short-term disturbance to the natural area, but will not harm the public values of the Natural Area over the long-term. The Natural Resources Advisory Board recently recommended to Council that new easements not be granted across public natural areas until Council has adopted an overall policy regarding the location of easements. The Board reviewed this easement during a Board Study Session on August 16, 2000, and recommended against Council approval of the easement. " City Manager Fischbach introduced the agenda item. Tom Shoemaker, Natural Resources Director, presented background information regarding the agenda item and highlighted issues that have arisen regarding the project. He outlined the four alternatives that have been studied and presented the staff recommendation. Councilmember Mason asked about reseeding and asked how close the project would be to the road. Shoemaker stated that reseeding would be with native grasses and described the proposed locations of the permanent easement and the construction easement. 506 September 5, 2000 Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 113, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Martinez, Mason and Wanner. Nays: None. THE MOTION CARRIED Ordinance No. 125, 2000 Amending Section 7-127 of the City Code Relating to Independent Expenditures, Adopted on First Reading The following is staff s memorandum on this item "Executive Summary At its June 27, 2000 Study Session, Council discussed independent expenditures advocating the election or defeat of a candidate and whether local requirements, above and beyond the requirements contained in the Fair Campaign Practices Act (FCPA), should be established. At the time of the study session, Councilmembers indicated that recent amendments to the FCPA and the reporting forms satisfied their concerns. However, since the study session, individual Councilmembers have expressed an interest in establishing local reporting requirements that would be more stringent than the states. If adopted, this Ordinance will require any person making an independent expenditure in excess of $100 to notify all candidates in the affected race and the City Clerk within 24 hours after obligating funds for the expenditure. BACKGROUND: An independent expenditure is defined in the FCPA as follows: "Independent expenditure" means payment ofmoney by any person for thepurpose of advocating the election or defeat of a candidate, which expenditure is not controlled by, or coordinated with, any candidate or any agent of such candidate. "Independent expenditure" includes expenditures for political messages which unambiguously refer to anyspecif:c public office or candidateforsuch office, but does not include expenditures made by persons, other than political parties and political committees, in the regular course and scope oftheir business and political messages sent solely to their members. Section 1-45-107 of the FCPA provides for the reporting of independent expenditures in excess of $1, 000 as follows: 1-45-107. Independent expenditures. (1) Any person making an independent expenditure in excess of one thousand dollars shall deliver notice in writing ofsuch independent expenditure, as well as the amount ofsuch expenditure, and a detailed description ofthe use ofsuch independent expenditure, within twenty-four hours after obligatingfundsforsuch expenditure. Such notice shall be delivered to all candidates in the affected race and to the secretary ofstate. 507 September 5, 2000 The notice shall specifically state the name of the candidate whom the independent expenditure is intended to support or oppose. Each independent expenditure shall require the delivery of a new notice. (2) Any person making an independent expenditure in excess of one thousand dollars shall disclose in the political message produced by the expenditure, the full name of the person, the name of the registered agent, the amount of the expenditure, and the specific statement that the advertisement or material is not authorized by any candidate. Such disclosure shall be prominently featured in the political message. (3) Expenditures by any person on behalf of a candidate for public office that are coordinated with or controlled by the candidate or the candidate's agent shall be considered a contribution to the candidate and subject the candidate and the contributor to any applicable penalties contained in this article. The City Code does not currently address the issue of independent expenditures, other than to exempt independent expenditures from the limits established for contributions or contributions in kind made to a candidate. The FCPA requires that notices of independent expenditures in excess of $1000 be delivered to all of the candidates in the affected race and the secretary of state. It does not require delivery to the municipal clerk. If adopted, this Ordinance will require any person making an independent expenditure in excess of $100 to notify all candidates in the affected race and the City Clerk within 24 hours after obligating funds for the expenditure. " City Manager Fischbach introduced the agenda item. Wanda Krajicek, City Clerk, presented background information regarding the agenda item and noted that a revised ordinance has been prepared for Council's consideration. Councilmember Byme asked for clarification regarding how the information would be made available to the public. City Clerk Krajicek stated that the information would be public and would be available for public inspection at any time in the City Clerk's Office. Councilmember Byrne asked if these reports could be posted on the web. City Clerk Krajicek stated that these reports could also be posted on the web as are other campaign reports. Councilmember Mason asked how soon after the filing the report would be posted on the web. City Clerk Krajicek stated that the information could be posted within 24 hours of notification to the City Clerk. Councilmember Mason asked if there is a definition regarding "obligation of funds." City Attorney Roy stated that this language is also used in the pertinent state statute and that this would be interpreted to mean that a report is required as soon as the agreement is entered into whereby the U11:3 September 5, 2000 services or goods are to be provided rather than when the bill is actually paid. He noted that a definition could be included in the ordinance for Second Reading. Mayor Martinez asked if a verbal order would trigger the need to file a report. City Attorney Roy stated that there would have to be a written statement received before the person ordering the services or goods would be obligated to file a report. Councilmember Mason expressed a concern that the burden is placed on the candidates to be notified by checking the web and favored the original language wherein the City Clerk would notify all of the candidates. City Clerk Krajicek stated that the original language required that the person making the independent expenditure notify the other candidates in the affected race. City Manager Fischbach stated that the person making the independent expenditure could be required to notify the candidates and the time the City Clerk is notified. Mayor Martinez stated that he would favor having the information available to public inspection in the City Clerk's Office. Councilmember Mason favored asking the City Clerk to notify all candidates in the race. City Manager Fischbach expressed a concern regarding staff workload. Councilmember Byrne suggested keeping the requirement simple and spoke in favor of keeping the information available for public inspection in the City Clerk's Office and on the web. Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Ordinance No.125, 2000 on First Reading and to include a definition of when funds are obligated upon Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Martinez, Mason and Wanner. Nays: None. THE MOTION CARRIED Items Relating to Elections Withdrawn to September 19, 2000 The following is staff s memorandum on this item. "Executive Summary A. First Reading of Ordinance No. 121, 2000, Amending Section 7-127 of the City Code Relating to Campaign Contribution Limits. B. First Reading of Ordinance No. 122, 2000, Amending Section 7-129 of the City Code Relating to Election Campaign Reports. 509 September 5, 2000 At its June 27, 2000 Study Session, Council discussed the current limit ($50) imposed on campaign contributions. The consensus of the Council was that the limits should be increased to $100 for Mayoral candidates and $75 for District candidates. If adopted, this Ordinance will implement those increases and will become effective well in advance of campaign periods for the April 2001 election. The Ordinance will also conform several of the definitions in this Section to those contained in the Fair Campaign Practices Act (FCPA). In addition, staff is proposing an amendment to the Code relating to the filing of an additional campaign report in response to a recent amendment to the FCPA. Ifadopted, the second Ordinance will provide that the additional report be current as offve (5) days prior to the filing date, rather than two (2) days as currently stated in the City Code. BACKGROUND: Campaign Contribution Limits: The City Code presently imposes a $50 limit on the amount of campaign contributions made by any one person to a candidate's campaign in a City election. The imposition of a limit on campaign contributions has been consistently upheld by the courts. However, the U.S. Supreme Court has recently held that a campaign contribution limit must not be so unreasonably low as to dramatically affect the funding of campaigns and prevent candidates and political committees from amassing the resources necessary for effective advocacy. While there is no indication that the $50 limitation imposed by the City of Fort Collins has this effect on local elections, the amount of the limitation has not been increased since December 1986. Asurvey of eleven other Colorado cities (Arvada, Aspen, Aurora, Boulder, Colorado Springs, Grand Junction, Greeley, Lakewood, Longmont, Loveland, and Thornton) revealed that seven of the cities have no limit on campaign contributions. Of the remaining four, two have limits of $100, while the other two have limits of $750 for Mayoral candidates and $500 for all other Councilmembers. Staff has also included amendments to the definitions contained in Section 7-127 of the Code in order to conform the definitions, insofar as applicable, to the definitions contained in the FCPA. Election Campaign Reports: The FCPA, as recently amended by House Bill 00-1095, provides that the reporting periods for all reports required to be filed with the municipal clerk shall close five (5) calendar days prior to the effective date offiling. Section 7-129 of the City Code requires an additional campaign report, and requires that it be current as of two (2) days prior to the fling date. Staff recommends that the reportingperiod for the additional report should be consistent with the reporting periods contained in the FCPA in order to eliminate any possibilityfor confusion." City Manager Fischbach introduced the agenda item 510 September 5, 2000 City Clerk Krajicek presented background information regarding the agenda item. Councilmember Mason expressed a concern with the change in reporting and favored retaining a two-day filing requirement for reports to the City Clerk for all reports relating to the local elections. City Attorney Roy stated that the matter would need to be researched. Mayor Martinez asked about the benefit of having a two-day report. City Attorney Roy stated that it would be a more recent report just prior to the election. Councilmember Mason stated that the trend is toward requiring more timely reports to make current information more readily available. Mayor Martinez asked about the required reports. City Clerk Krajicek outlined the reporting requirements. Councilmember Byrne requested clarification regarding the current reporting requirements. City Clerk Krajicek outlined the reporting schedule. City Manager Fischbach suggested that the agenda item be withdrawn to allow time for additional staff work. City Attorney Roy stated that the City, as a Home Rule City, could have a local requirement that all n. reports be current as of two days prior to the date of filing the report. Other Business Councilmember Byrne expressed a concern that the Council monitor how well City Plan is working. He noted concerns regarding the ability of the City to make the necessary improvements on Vine Drive and the School District's consideration of a Timnath location for a high school site rather than a location in northeast Fort Collins. Councilmember Mason asked if the School District has responded to a City staff memo expressing staff's opinion concerning the location of the proposed new high school. City Manager Fischbach stated that he will provide this information to the Council. Adjournment The meeting adjourned at 7:05 p.m. Mayor e.n Tnnl ATTEST: City Clerk 511