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HomeMy WebLinkAboutMINUTES-07/20/1999-RegularJuly 20,1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 20, 1999, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Councilmembers Absent: Byrne. Staff Members Present: Jones, Harris, Roy. Citizen Participation Mark Brophy,1109 West Harmony Road, spoke regarding an existing variance for his art galleryand noted problems with renting the building for a less intense use as a weight loss clinic because the clinic owner would not live at the property. He requested that during the next round of Land Use Code reviews that the residency of a business tenant be removed as a consideration in granting a variance. Ruth Sword, 809 East Drake Road, southeast quadrant leader for Citizens concerned about Y2K, spoke regarding the need for individuals to make intelligent preparations for any Y2K disruptions that might occur. Karla Sullivan, 3025 Tulane Drive, spoke regarding the "midnight crossing"of Y2K and the need for the local government to encourage people to prepare for possible cash, credit, food, water, heat, communications and emergency services problems. Elmer Bill Shaw, 809 East Drake Road #101, spoke regarding emergency preparedness for Y2K. Al Bacilli, 520 Galaxy Court, spoking regarding the sales tax vendor fees. Citizen Participation Follow-up Councilmember Bertschy asked for a brief staff response regarding City preparations for Y2K. Assistant City Manager Darin Atteberry spoke regarding the City's efforts to prudently address Y2K issues, including monthly briefings around the community, a brochure being jointly prepared with other area local governments, and videos regarding emergency preparedness. He stated that each 352 July 20, 1999 individual must decide what level of preparations to make for Y2K and that the City endorses the recommendations made by the American Red Cross. Mayor Martinez spoke regarding the extensive City efforts and other resources concerning Y2K. Councilmember Weitkunat asked about the possibility of a future formal City statement advising individuals to prepare for Y2K. Karla Sullivan suggested that the City issue information regarding what types of preparations are needed (i.e. a gallon of water per day per person, etc.). Councilmember Kastein suggested that information regarding Y2K be included in the next Council packet. Councilmember Bertschy requested information regarding the vendor fee issue raised by Mr. Bacilli. Agenda Review Deputy City Manager Jones pull item #11 Second Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non -Exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District, item #18 Resolution 99-88Adopting City Council's 1999-2001 Policy Agenda and item #19 Resolution 99-89 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements from the Consent Calendar. She also noted that an optional ordinance has been prepared for item #28 First Reading of Ordinance No. 120, 1999, Amending Section 2-32 of the City Code with Regard to the Posting of Public Notice of the Meetings of Council Committees. CONSENT CALENDAR 7. Second Reading of Ordinance No. 108, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to be Used for the Design and Construction of Phase Three of the Harmony Road Bikeway Project. Resolution 99-79 was unanimously adopted on July 6, 1999 authorizing the Mayor to enter into a contract between the City and CDOT to prepare final design documents and construction of the third phase of the Harmony Road bike lane project. Ordinance No. 108,1999, which was also unanimously adopted on First Reading on July 6, 1999, appropriates the funds for the construction of the Harmony Road Bikeway Project. 353 July 20, 1999 Po_s_iponement of Items Relating to the Johnson -Harmony Annexation and Zoning. A. Postponement of Second Reading of Ordinance No. 109, 1999, Annexing Property Known as the Johnson- Harmony Annexation to the City of Fort Collins. B. Postponement of Second Reading of Ordinance No. 110, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Johnson -Harmony Annexation. The applicant, Les Kaplan has requested postponement of the Second Reading of this annexation and zoning to September 21; however, staff is recommending postponement to September 7, which coincides with the second reading of the Willow Brook annexations and zonings. The Willow Brook Annexations are dependent on the Johnson -Harmony Annexation to establish contiguity. Adoption of the Consent Agenda will postpone Second Reading of Ordinance Nos. 109 and 110, 1999 to the meeting of September 7, 1999. 9. Second Reading of Ordinance No. 111,1999, Authorizing the Conveyance of a Non - Exclusive Easement for an Electrical Substation to the City of Loveland on Fort Collins - Loveland Municipal Airport Property. The Cities of Fort Collins and Loveland each own a fifty -percent share of the Fort Collins - Loveland Municipal Airport. The City of Loveland has asked for approval from the City of Fort Collins to acquire an easement of approximately three acres in order to construct an electrical power substation. The substation will provide improved service to residents in the vicinity of the Airport, and the Airport itself over time. Ordinance No. 111, 1999, was unanimously adopted on First Reading on July 6, 1999. 10. Second Reading of Ordinance No.112,1999, Authorizingthe e Mayorto Execute a Quit Claim Deed Convg dung to the Shenandoah Land Limited Liability Company Certain Tracts of Land in the Shenandoah P.U.D. First Filing, Ordinance No. 112,1999, which was unanimously adopted on First Reading on July 6,1999, authorizes the conveyance to the original owners of Tracts A, B, C, D, E and F in the Shenandoah P.U.D. First Filing that were erroneously deeded to the City at the time of development in the Shenandoah First Filing development. 354 July 20, 1999 11. Second Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for the Construction ofFlood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District. Ordinance No. 113,1999, which was unanimously adopted on First Reading on July 6,1999, authorizes the conveyance of a non-exclusive easement to the Boxelder Sanitation District, for construction of flood control structures in and along the Poudre River and provides for on -going maintenance of the related improvements. During discussion on First Reading, concerns were raised regarding the "softness" of the improvements. Staff has reviewed materials regarding this project and have determined that all of the rip rap installed with the project will be covered with top soil and seeded with native vegetation. Also, any trees disturbed with the project will be replaced on a 3 to 1 ratio. The revised ordinance reflects those conditions for the project (see staff memo included in this packet). Also, since first reading the value of the easement has been determined to be $800 and this also has been included in the revised ordinance. 12. Second Reading of Ordinance No. 114, 1999, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red-Lieht Cameras to Enforce Traffic Violations. Ordinance No. 114, 1999, which was unanimously adopted on First Reading on July 6, 1999, appropriates revenue received through the camera radar and red light enforcement systems to be used to fulfill the City's obligations under its agreement with ATS and the balance of the revenue received would be utilized to defray costs incurred by the City in connection with its use of the camera radar and red-light camera systems or other programs intended to address the City's current traffic problems. 13. First Reading of Ordinance No. 115, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transit Services Fund to be Used for Providing Transit Services. Federal funds for transit are not usually finalized until after the City's budget is adopted. This Ordinance reflects the additional federal funds made available in 1999 for the City and the required local matching funds. These additional funds are all FTA grants, but for different programs. 355 July 20, 1999 14. First Reading of Ordinance No. 116,1999, Authorizing the Transfer of Appropriations from the General Fund to the Debt Service - Certificates of Participation Fund for the Purpose of Making the Pavments on the 1998 Lease Purchase Certificates ofParticipation (Civic Center Facilities Project). In 1998, the City executed and delivered $17,210,000 of lease purchase certificates of participation to provide funding for the parking structure and office building (the Civic Center Facilities Project). To cover the annual payments on the certifications, the 1999 appropriation ordinance provided for appropriations and payments to be made directly from the General Fund. During the audit of the 1998 fiscal year transactions, Finance Department staff discussed the accounting treatment of these appropriations with the external auditor, BONDI & Co. Based on these discussions, staff decided it would be more appropriate and provide a better audit trail to route the payments through a new fund set up specifically for this purpose. The fund is the Debt Service - Certificates of Participation Fund (Fund 252). The Ordinance provides for the internal transfer of the General Fund and Downtown Development Authority Debt Service Fund appropriations to the new Debt Service - Certificates of Participation Fund. 15. First Reading of Ordinance No. 117, 1999 Appropriating Unanticipated Revenue In the Capital Projects Fund to Be Used For The Downtown Intersection Renovation Project The City created the downtown General Improvement District No. 1 in 1976 to fund improvements in the downtown area. The District's major source of revenue is from the annual mill levy, 4.924 mills in 1999, which generates approximately $200,000 per year in property tax revenue. The City Council approved a capital improvement priority list which included reconstruction and renovation ofthe intersections along College Avenue. The Parks Department has developed a plan of improvements to continue the improvement process in 1999. The City intended to pay for the improvements through a lease purchase financing that should be completed in September. The total project cost is estimated to be $1.1 million. The project will be managed as a separate project within the capital project fund. This will allow for direct accounting of the project. This Ordinance appropriates $162,355 of existing appropriations within the GID No. 1 Fund in the Capital Projects Fund. The money will be used to begin the design work and preliminary engineering for the project. The GIDBoard of Directors will be authorizing the transfer of these appropriations at its meeting tonight. 356 July 20, 1999 16. First Readine of Ordinance No. 118, 1999, Authorizing the Issuance of Not to Exceed $8,980,000 of Private Activity Bonds for the Dry Creek Apartments Project and Authorizing the Execution of Certain Related Documents and Instruments. Representatives from Concorde Capital Corporation contacted the City of Fort Collins in December of 1998 requesting that the City consider issuing private activity bonds for the purpose of supporting an affordable housing project. Under the federal and state laws, the project would qualify as a low-income rental housing project. The project is to be located in the north part of Fort Collins near the southeast corner of the intersection of Redwood and Conifer. The project will consist of up to 150 dwelling units. The site is approximately 13.6 acres. Twenty-seven of the units will be for individuals or households making no greater than 60% of area median income. Forty percent of the units will be for households under the 50% median income level. The remainder of the project (33%) will be rented at market rates. The City Council considered the request and approved a resolution inducing the project on January 19, 1999. This action used all of the City's 1999 private activity bond allocation of $2,684,075. Concorde Capital and City staff prepared an allocation to the state for additional bonding capacity and made a presentation to the state allocation board. The board awarded $6.3 million of additional allocation to the project. 17. First Reading of Ordinance No.119,1999, Authorizing the Conveyance of a Parcel by a Ouit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them by the City. hi September 1999, the City plans to construct a right -turn lane to alleviate congestion at the southwesterly corner of the Horsetooth/Mason Street Intersection. Two properties are affected by the project. The corner lot has already been purchased by the City. An agreement has been reached with Dayton Family LLP, owner of the adjacent property, "Horsetooth Lanes". As part of the Dayton agreement, the City needs to convey to the Dayton Family LLP sufficient property to allow for the replacement of 21 parking spaces to be eliminated as a result of the conveyance to the City. These spaces will be constructed on a portion of the corner lot and transferred to the Daytons by Quit Claim Deed. 18. Resolution 99-88 Adopting City Council's 1999-2001 Policy Agenda Every two years, the City Council adopts a Policy Agenda that outlines the policy initiatives it wishes to undertake in the two-year Council term. The proposed Policy Agenda themes have been developed through discussion with Council since the April election, both at study sessions and at the May retreat. The 1999-2001 Policy Agenda includes eight major theme areas that Council would like to focus its policy work on during the coming two years. The narrative themes are supported 357 July 20, 1999 by a number of policy issues and questions that Council will consider as it works to achieve these goals. The theme areas are stated as broad goals for staff to use in its work over the next two years. 19. Resolution 99-89Adopting the Recommendation oftheCultural Resources BoardRe arding Fort Fund Disbursements. On November 30, 1998 revised guidelines for the Cultural Development and Programming and Tourism accounts (Fort Fund) were adopted and approved through the City Manager's office. These newly -adopted guidelines created a three -tiered funding system for organizations that apply for grants from Fort Fund. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $2,500 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $2,500 in proceeds after expenses and are fund- raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 20. Resolution 99-90 Approving the Purchase of Carbon Dioxide Storage Equipment for the Water Treatment Facility Expansion as an Exception to the City's Competitive Purchasing Requirements. As a part of the design process, research was made to determine what type of storage equipment was needed to provide the project with a good reliable, compatible, and cost competitive storage system. The staff looked at several feed systems, before making the storage equipment selection. The performance, reliability, compatibility, and cost competitiveness with the existing plant equipment led staff to choose the TOMCO equipment. Additional carbon dioxide storage equipment and materials are needed to increase capacity. The Water Treatment Facility (WTF) is presently using TOMCO CO2 storage system, a patented process system that has served the City well in the past. The proposed additional TOMCO equipment will match the existing feed system. During the design and cost estimating/negotiating phase, staff realized that there was a large savings for the City if the City purchases the TOMCO Equipment Storage system directly, rather than through a contractor. The City will save any mark-ups that would have been paid to the contractor. Staff believes it is in the best interest of the City to proceed with the purchase of this equipment. 358 July 20, 1999 21. Resolution 99-91 Approving the Request for Non -Government. Regular Colorado License Plates on City Vehicles Assigned to the Chief of Police and the City Manager. The State and the County now require that the governing body of a municipality approve of the issuance of regular, non -governmental license plates for City vehicles. This Resolution is intended to satisfy this requirement so that the City vehicles assigned to the Chief of Police and the City Manager can obtain such license plates. There is no additional charge for these plates. 22. Resolution 99-92 Authorizing the City Manager to Enter Into an Intergovernmental Agreement with Larimer County, the City of Loveland, and the Town of Berthoud for the Development and Operation of a Youth Assessment Center and for Youth Transport Services. In an effort to improve services to at -risk youth and their families in Larimer County, agencies and individuals have been working to establish a Youth Assessment Center. hi late November 1998, Larimer County opened up such a center, known as The Hub, on Troutman Parkway (the previous site of the City's mini library). Staff from Mental Health, Community Corrections' Youth Offender Response (YOR) team, and the Department of Human Services' Adolescent Response Team (ART), provide intake and detention screening, assessment and referral services, alternatives to detention, crisis intervention, and family mediation. While The Hub is open to the community weekdays from 8:00 a.m. to 9:00 p.m., Intake Specialists staff the center around the clock. The Hub has successfully implemented the initial phase ofa multi -disciplinary, collaborative single-entry process to serve all of Larimer County. Since The Hub opened, over 850 youth and their families have been served. Response from law enforcement and the community has been positive. With such a facility, law enforcement has only one number to call when they come in contact with a youth. Both law enforcement and the community benefit when officers can drop off a youth at the center and return more quickly to the street. Youths and families benefit by having an immediate, coordinated response to crisis, comprehensive assessments and referral to services. Agencies benefit through enhanced communication, multi -disciplinary staffing, a shared facility, and cooperative service. 23. Resolution 99-93 Making Appointments to the Urban Growth Area Review Board The Intergovernmental Agreement between the Larimer County Commissioners and the Fort Collins City Council established a Fort Collins Urban Growth Area Review Board to act as 359 July 20, 1999 the single recommending body to the Commissioners concerning development applications for properties located within the unincorporated portions of the UGA that are ineligible for voluntary annexation into the city. The Board consists of two members appointed by the City Council, two members appointed by the County Commissioners, and three members appointed by mutual agreement of the Council the Commissioners, who shall be residents of the Urban Growth Area (the area between the city limits and the Urban Growth Area boundary). There are currently three vacancies on the UGA Review Board requiring Council action. The three seats jointly appointed by the Council and the Commissioners are vacant due to the expiration of terms of Bob Long, Tim Wakefield and the resignation of Natalie Warren. Larimer Countydid not receive a sufficient number of applications to fill all three vacancies. Recruitment efforts are underway for more applications. In order for the Urban Growth Area Review Board to have a quorum at its meetings, two appointments will be made immediately. Names of those individuals recommended for appointment have been inserted in the Resolution. 24. Routine Deeds and Easements. A. Easement Dedication from Robert W. Dehn to relocate fire hydrant, located on Lots 2 and 3 of Prospect Park P.U.D. Monetary consideration: $10. B. Easement Dedication from Brian T. Soukup, for an access, utility and drainage easement, located south of Prospect and southeast of Westbridge Drive. Monetary consideration: $0. C. Quit Claim Deed from Double SM Farms, for a natural area, located near the Riverbend Ponds Natural Area. Monetary consideration: $0. D. Deed of Dedication for Right -of -Way from Robert A. Russell, Tuileries Condominiums, LLLP, RFG Management, Inc., for a permanent right-of-way for public street purposes, located east of South Shields Street and South Wabash. Monetary consideration: $10. 01 July 20, 1999 Ordinances on Second Reading were read by title by Deputy City Clerk Rita Harris. Second Reading of Ordinance No. 108, 1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to be Used for the Design and Construction of Phase Three of the Harmony Road Bikeway Project. 9. Second Reading of Ordinance No. 111.1999 Authorizing the Conveyance of a Non - Exclusive Easement for an Electrical Substation to the City of Loveland on Fort Collins - Loveland Municipal Airport Property. 10. Second Reading of Ordinance No. 112,1999,Authorizin the eMayortoExecuteaOuilClaim Deed Conveying to the Shenandoah Land Limited Liability Company Certain Tracts of Land in the Shenandoah P.U.D. First Filing. 11. Second Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for the Construction ofFlood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District 12. Second Reading of Ordinance No. 114, 1999 Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Ordinances on First Reading were read by title by Deputy City Clerk Rita Harris. 13. First Reading of Ordinance No 115 1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transit Services Fund to be Used for Providing Transit Services 14. First Reading of Ordinance No. 116, 1999, Authorizing the Transfer of Appropriations from the General Fund to the Debt Service - Certificates of Participation Fund for the Pu_ ose of Making the Payments on the 1998 Lease Purchase Certificates of Participation (Civic Center Facilities Project). 15. First Reading of Ordinance No. 117, 1999 Appropriating Unanticipated Revenue In the Capital Proiects Fund to Be Used For The Downtown Intersection Renovation Project 16. First Reading of Ordinance No. 118, 1999, Authorizing the Issuance of Not to Exceed $8,980,000 of Private Activity Bonds for the Dry Creek Apartments Project and Authorizing the Execution of Certain Related Documents and Instruments 361 July 20, 1999 17. First Reading of Ordinance No. 119,1999, Authorizing the Conveyance of Parcel by a Quit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them by the City. 28. First Reading of Ordinance No. 120, 1999, Amending Section 2-32 of the City Code With Regard to the Posting of Public Notice of the Meetings of Council Committees Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Wanner reported on the discussions of the Health and Safety Committee regarding pawnshop and secondhand sales and weapons in public places. Councilmember Wanner reported on the discussions of the Growth Management Committee regarding recommendations to the County for the Plus Land Use Code, how the City should proceed with annexations, fiscal impacts of annexing enclaves, and signage and advertising on bus shelters. Councilmember Weitkunat reported on the Legislative Review Committee discussions regarding streamlining the state legislative agenda for the year 2000. Ordinance No. 120,1999, Amending Section 2-32 of the City Code With Regard to the Posting of Public Notice of the Meetings of Council Committees Adopted on First Reading The following is staffs memorandum on this item. "Executive Summary The City Code provisions pertaining to open meetings presently require that all Council committee meetings at which a majority or quorum is in attendance must not only be open to the public but shall be held only after full and timely notice to the public. In the case of three -member Council committees, this could be construed to mean that no two Council members who are on the same committee can discuss any public business without the posting ofnotice. The proposed amendment would require that any such discussions remain open to the public but would not require the posting of the prior public notice before they could occur. This public notice would be required only prior to Council committee meetings at which formal action could be taken. 362 July 20, 1999 ANALYSIS: Chapter 2, Division 2 ofthe City Code contains open meetings laws patterned after those ofthe state sunshine law. Asa home -rule municipality, however, the City can enact its own laws governing the meetings of local officials. Both the City and state law provide that meetings of the City Council and of Council committee meetings must be open to the public. The definition of a "meeting" under the state and local laws is substantially the same. Essentially, a "meeting" occurs whenever there is a gathering of a quorum or three or more members, whichever is fewer, of the City Council or any Council committee, and the central purpose of the gathering is the discussion of any public business. (Chance meetings and social gatherings are excluded.) Under these open meetings laws full and timely notice to the public" is required whenever: (1) any formal action could occur at the meeting, or (2) a majority or quorum is in attendance, or is expected to be in attendance. In the case of three -member Council committees, two Council members constitute a majority or quorum. Thus, these laws could be read as requiring that any two Council members who serve on the same Council committee must provide 'full and timely notice to the public " before they talk to one another about any public business, even if the business does not pertain to the committee on which they serve. Additionally, if two Council members serving on the same committee wish to attend any kind of meeting with outside organizations, administrative staff or others to discuss any kind of public business, one could argue that such a meeting would have to be construed as a committee meeting, and public notice given of a committee meeting, even though no committee business would be discussed. In order to remedy these potential problems and clarify the intent of the City Code provisions pertaining to Council committee meetings, staff is recommending that Section 2-32 ofthe Code be amended. Under the proposed amendment, all meetings of committee members that pertain to any public business would remain open to the public, but public notice would be required only when the meetings of these committee members pertained to committee business and formal action could be taken by them as a committee. To ensure compliance with these notice provisions, a new subsection (b) would be added to Section 2-32 of the Code stating that any formal action taken in violation of the notice provisions of the Code would be invalid. This language is similar to that contained in the state open meetings law. The former subsection (b) of this section, pertaining to the removal of disruptive persons from Council meetings, would be restated as a new Section 2-35. " 363 July 20, 1999 Deputy City Manager Jones gave an overview and presented background regarding the agenda item. City Attorney Roy spoke regarding the situation faced by three -member committees under local ordinance and State law and explained the two ordinance options. Option 1 would require posting of notice of committee meetings only when formal action could be taken, and Option 2 would require posting of notice for any committee meeting at which two or more Councilmembers are discussing committee business. Councilmember Bertschy asked which option the City Attorney recommends. City Attorney Roy stated that this is a policy decision and that either option would be an improvement over the current situation. Councilmember Kastein asked for definitions of "formal action" and "committee business" and expressed concerns that under Option 2 it might be difficult to draw the line regarding what constitutes the committee's business. City Attorney Roy stated that "committee business" would be matters related to the purposes for which the committee was established. "Formal action" would be an action by motion, resolution or ordinance, including a motion and vote to formulate a recommendation; discussing something without bringing it to closure would not be formal action. Councilmember Wanner noted that committee topics of discussion often overlap with discussions of other committees and that committees take no formal action except to make recommendations to the Council. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 120, 1999 (Option 1). Councilmember Weitkunat asked for clarification regarding the Code changes that would be accomplished by adoption of this Option. City Attorney Roy stated that the most significant change would be that any discussion of public business by two Councilmembers who serve on the same committee would be an open meeting, and that notice of the meeting would be required only if formal action could be taken. Mayor Martinez spoke in favor of the Ordinance as a way to improve communications among Councilmembers. Councilmember Kastein stated that this change is needed and noted that the committees will continue to formulate recommendations to the Council at official committee meetings and that formal action must then be taken by the Council in a public meeting. 364 July 20, 1999 The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Ordinance No. 113,1999, Authorizing the Conveyance of a Non-exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District Adopted on Second Reading The following is staff s memorandum on this item. "Executive Summary Ordinance No. 113, 1999, which was unanimously adopted on First Reading on July 6, 1999, authorizes the conveyance of a non-exclusive easement to the Boxelder Sanitation District, for construction of flood control structures in and along the Poudre River and provides for on -going maintenance of the related improvements. During discussion on First Reading, concerns were raised regarding the "softness" of the improvements. Staff has reviewed materials regarding this project and have determined that all of the rip rap installed with the project will be covered with topsoil and seeded with native vegetation. Also, any trees disturbed with the project will be replaced on a 3 to 1 ratio. The revised ordinance reflects those conditions for the project (see staff memo included in this packet). Also, since first reading the value of the easement has been determined to be $800 and this also has been included in the revised ordinance." Bob Smith, Stormwater Utility Manager, spoke regarding changes made to the Ordinance since First Reading. Randy Fischer, 3007 Moore Lane, reiterated concerns expressed on First Reading and asked for postponement of the Ordinance because the schedule is being driven by outside forces and the Natural Resources Advisory Board has not reviewed the issue. He expressed concerns that the new conditions do not offer a guarantee that impacts will be minimized, that the language of the conditions is too vague, and that there is no language relating to O&M. Councilmember Mason asked about the risk of breaching the ponds if the improvements are not done. Bob Smith spoke regarding the lagoon area and the reasons for using rip rap. 365 July 20, 1999 Councilmember Bertschy asked ifthere will be any mitigation or restoration associated with removal of the rip rap on the opposite side of the river. Bob Smith stated that the area will be reseeded and revegetated. Councilmember Bertschy asked about the expected life of the treatment facilities. Dean Smith, Boxelder Sanitation District Manager, stated that under the recently completed regional study there will be upgrades in approximately 27 years, and he spoke regarding the District's discharge quality. Mayor Martinez asked about the sewage lagoons. Jim Hibbard, Water Distribution and Collection Manager, spoke regarding the treatment of sewage in lagoons. Councilmember Wanner spoke against expansion of this type of treatment facility in the floodplain. Councilmember Mason asked about the treatment of sewage from the Mountain Vista developments. Dean Smith spoke regarding the planned sewage treatment for this area, the Colorado Department of Health and Environment permit process, the District's treatment capacity, and the lagoon system. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 113, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Bertschy stated that the Natural Resources Advisory Board should be given an opportunity to review important decisions affecting the natural areas. Councilmember Mason noted that the boards and commissions have the ability to hold emergency meetings if an item needs to be expedited through the review process. Mayor Martinez stated that he would like to take a tour of the Boxelder Sanitation District facilities. Councilmember Wanner expressed a concern regarding expansion of this type of facility in the floodway. 366 July 20, 1999 Resolution 99-88 Adopting City Council's 1999-2001 Policy Agenda Adopted The following is staff's memorandum on this item. "Executive Summary Every two years, the City Council adopts a Policy Agenda that outlines the policy initiatives it wishes to undertake in the two-year Council term. The proposed Policy Agenda themes have been developed through discussion with Council since the April election, both at study sessions and at the May retreat. The 1999-2001 Policy Agenda includes eight major theme areas that Council would like to focus its policy work on during the coming two years. The narrative themes are supported by a number of policy issues and questions that Council will consider as it works to achieve these goals. The theme areas are stated as broad goals for staff to use in its work over the next two years. After Council has adopted the Policy Agenda, the City Manager will work with staffand the Boards and Commissions to create work plans which support the themes. Staff will also work to share information with the community regarding Council's goals. " Deputy City Manager Jones presented a brief overview of the Resolution and noted that there is a revised Exhibit A. Councilmember Bertschy spoke regarding the importance of having this item on the discussion agenda to highlight what Council hopes to accomplish over the next two years. Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Resolution 99-88 with revised Exhibit A. Councilmember Kastein spoke regarding the goal and the need to be creative to build the transportation system. Councilmember Mason spoke concerning the transportation goal and vehicle miles traveled. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. 367 July 20, 1999 Resolution 99-89 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements Adopted The following is staff s memorandum on this item. "Executive Summary On November 30, 1998 revised guidelines for the Cultural Development and Programming and Tourism accounts (Fort Fund) were adopted and approved through the City Manager's office. These newly -adopted guidelines created a three -tiered funding system for organizations that apply for grants from Fort Fund. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $2, 500 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding ofevents thatgenerate more than $2, 500 in proceeds after expenses and are fund-raising in nature. Applications forsupportfrom Tier #2 and Tier #3 are accepted each January and June. The following disbursements from funds in the City's Cultural Development and Programming and Tourism accounts were recommended by the Cultural Resources Board at its regular meeting of June 23, 1999 for Tier #2 and Tier #3 applicants. ORGANIZATION/CONTACT AARP Community Council Alzheimer's Association Colorado State University/CASAE Colorado State University/El Centro EVENT/DATE Millennium Update/Frauds & Scams October 21, 1999 Memory WalklRun 1999 September 18, 1999 Multicultural Film Conference December 10 & 11, 1999 Hispanic Heritage Month September 15 - October 15, 1999 9M AMOUNT AMOUNT REQUESTED RECOMMENDED $2,000 $1,000 $1,500 $625 $500 $4,000 $1,500 $500 $4, 000 $3, 000 July 20, 1999 Colorado State University/English Reading/Lecture by Homero Aridjis $1,500 $875 Dept. November 3 & 4, 1999 $250 Dance Connection Perf. Network Living Dot to Dot $2,859 $2,100 October I -10, 1999 Discovery Center Science Museum da Vinci Travelling Exhibit $2,000 $1,000 Dec., 1999 - Mar., 2000 $1,000 Downtown Business Association First Night Fort Collins $1,500 $1,500 December 31, 1999 Downtown Business Association New Years Eve Fireworks Show $4,000 $1,000 December 31, 1999 Executive Women's Golf Association Rocky Mountain Sectional Event $4,000 $2,000 August 26, 1999 Foothills Pops Band Octoberfest $2,000 $1,000 October 29, 1999 Fort Collins Area Swim Team Junior Olympics Swim Meet $1,500 $1,500 August 5 - 8, 1999 Fort Collins Children's Theatre Annual Fall Performance $4,000 $3,000 November 18 - 20, 1999 FortNet Community Internet Festival $4,000 $3,000 January 29, 2000 Heart of the Rockies Christian Church Max McLean's "Genesis" $4,000 $500 February 18, 2000 $500 Holy Family Church Holy Family Fiesta $1,500 $750 August 14 & 15, 1999 369 July 20, 1999 InterFraternity Council Community Homecoming $1,482 $750 Sept. 20 - Oct. 31, 1999 Lorimer Chorale Music of Randall Thompson $4,000 $3,000 October 17, 1999 Lorimer County Mental Health Center Hispanic Latino Leadership Institute $4, 000 $1,000 November 20 - 22, 1999 Larimer Youth Festival Orchestra Spring Concert $2, 000 $1,500 April Z 2000 Lutheran Family Services Resolution Run 1999 $1,000 $1,000 December 31, 1999 Northern Colorado AIDS Project One Warm Winter Evening $1,500 $1,500 January 15, 2000 Northern Colorado AIDS Project World AIDS Day $4, 000 $2, 750 December 1, 1999 $250 Northern Colorado Intertribal Pow- 7th Annual NCIPA Pow -wow $4, 000 $2, 000 wow August 27 - 29, 1999 $2, 000 Northern Colorado Youth Hockey Blades of Steel Hockey Tournament $1,500 $1,500 January 13 -17, 2000 OpenStage Theatre & Company openstage etc. events $3,000 $2,000 August, 1999 - December, 1999 $1,000 Opera Fort Collins "Susannah" $2,200 $1,300 July 29 -Aug. 1, 1999 $250 370 July 20, 1999 Poudre Landmarks Foundation Historic Homes Tour $1,500 $750 September 9 -11, 1999 Public Radio for the Front Range Music City of the Rockies 2000 $4,000 $3, 000 February 25 - 27, 2000 $1,000 The Rainbow Chorus Cabaret II $1,500 $1,125 December 5, 1999 The Rainbow Chorus Requiem Concert $4,000 $4,000 October 24, 1999 Wingshadow Inc. Horsetooth Marathon Swim $1,000 $250 September 11, 1999 $750 TOTALS BOLD = Funding is from Tourism Account ORGANIZATIONS/EVENTS NOT RECOMMENDED FOR FUNDING $87, 741 $59, 775 Colorado State University Indian Summer Film Series $1,200 Native American Student Services September 18 & 19, 1999 - A representative of the organization did not attend the funding session to make an oral presentation. Attendance at the funding session is required by the Fort Fund Guidelines in order to receive funding. Downtown Business Association New West Fes $1,500 August 20 - 22, 1999 - After consideration of the written proposal for this event and oral presentation at the funding session, the Cultural Resources Board, with input from the Fort Collins Convention and Visitors Bureau, does not recommend the funding of this event. " Frank Bruno, Assistant City Manager, presented background relating to the lodging tax distribution. Dave Siever, Cultural Services and Facilities Director, gave an overview of the Fort Fund and its purposes and processes. 371 $0 $0 July 20, 1999 Councilmember Bertschy asked about the process followed to make selections this year. Fran Johnson, Cultural Resources Board representative, outlined the application and selection process. Mayor Martinez asked if applicants are required to appear at the funding session. Evan Hyatt, Cultural Resources Publicity Coordinator, stated that letters are sent requesting that a representative attend the session. Councilmember Weitkunat noted that the Council needs to continue to be informed about the allocation of these funds and expressed appreciation for the work of the board on these allocations. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 99-89. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Adiournment Councilmember Mason made a motion, seconded by Councilmember Wanner, to adjourn to July 27, 1999 at 6:00 p.m. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. The meeting adjourned at 7:42 p.m. ATTEST: a ZL" City Clerk 372