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HomeMy WebLinkAboutMINUTES-02/19/2002-RegularFebruary 19, 2002 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 19, 2002, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered bythe following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Ross Cunniff, Alternate Ethics Review Board Chair, stated that the Board has produced aprovisional final report for Council's consideration. He stated that the Board determined that it would be appropriate to finalize a report for presentation to the Council and that the report covers a variety of questions relating to City Code provisions, ethics, and the purpose of the review board. He stated that the intent of the Board is that the process will be smoother for any future alternate ethics review boards. He stated that the Board stands ready to finish its obligation if called upon to do so. Ray Alman spoke in opposition to the Council's adoption of the South College Access Plan and questioned the staff work done with regard to the Plan. He stated that there are many unanswered questions and questioned whether Council simply rubber stamps staffs recommendations. He objected to the time limitations placed upon citizen comments during the hearing on the Plan. Citizen Participation Follow-up Councilmember Bertschy thanked the Alternate Ethics Review Board for its service and stated that the work of the Board will be taken into consideration. Councilmember Kastein thanked the Alternate Ethics Review Board and expressed gratitude for the offer of future support if needed. Mayor Martinez thanked the Alternate Ethics Review Board and stated that the Council would be corresponding with the Board. Mayor Martinez spoke regarding the South College Access Plan and stated that the process has not concluded. He spoke regarding the importance of safety issues. 438 February 19, 2002 Councilmember Kastein stated that he does not agree with Mr. Alman's "soapbox" article, letter and comments. He stated that Council does not simply rubber stamp staff s recommendations and that safety, mobility, and access were paramount considerations in the access plan. Mayor Martinez stated that there were opportunities for the South College group to present cohesive presentations to the Council. Agenda Review City Manager Fischbach stated that the agenda would stand as printed. Councilmember Hamrick withdrew item #20 First Reading of Ordinance No. 030, 2002, Appropriating Prior Year Reserves Designated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Projects Fund Webster Community Park Capital Project and theKechterRoad Improvements Projectfor the Purpose ofAcquiringLand from Poudre School District for the Webster Community Park Site and for the Construction of Improvements to Kechter Road from the Consent Calendar. CONSENT CALENDAR Second Reading of Ordinance No. 014, 2002, Authorizing the Transfer of Appropriations from the Capital Projects Fund Traffic Signal Timing System and Streets Facility Expansion Projects to the Traffic Operations Facilit}_Capital Project to Be Used to Construct a Facility to House the Advanced Traffic Operations System and Supporting Operations. Ordinance No. 014, 2002, which was unanimously adopted on First Reading on February 5, 2002, authorizes the appropriation of funds for the construction of a Traffic Operations Facility to provide housing for the new Advanced Traffic Operations System computers and staff. 8. Postponement ofItems Relatima to the Street Oversizing Kechter Road 1wrovements Proi ect to March 5, 2002. A. Postponement of Second Reading of Ordinance No. 015, 2002, Appropriating Prior Year Reserves in the Street Oversizing Fund and Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund and Neighborhood Parkland Fund to the Capital Projects Fund for the Construction of Improvements on Kechter Road to March 5, 2002. Ordinance No. 015, 2002, which was unanimously adopted on First Reading on February 5, 2002, appropriates and transfers a total of $5,029,923.82 from the Street Oversizing Fund 439 February 19, 2002 Prior Year Reserves to the Capital Projects Fund to construct arterial roadway improvements for the Kechter Road Improvements Project. The City and Poudre School District have now reached agreement on the purchase of a new community park site adjacent to the proposed 2004 high school. The City and the District have looked at a 160-acre site located one mile south of Harmony Road, along Ziegler Road, Kechter Road, and Rock Creek Drive as a joint location for the high school and community park. A conceptual site plan was developed which calls for 53.652 acres to be allotted for the community park and the property is scheduled to close on March 18, 2002 Because the appropriations ordinance for the Kechter Road Improvement Project assigns financial responsibility to each property owner, staff is requesting that consideration of this item on Second Reading be postponed to March 5 to allow time to revise the figures for this eminent property transfer. B. Postponement Second Reading of Ordinance No. 016, 2002, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Construction of Improvements on Kechter Road to March 5, 2002. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, authorizes eminent domain for rights -of -way and easements from four county outparcels. Property appraisals indicate that acquisition costs will be covered by available funds, even if condemnation is required. These funds will be appropriated to the project budget. Staff is asking that this item be postponed so that it is considered on Second Reading on March 5 with Ordinance No. 015, 2002. 9. Second Reading of Ordinance No. 017, 2002, Designating the Scott Apartment Building and Associated Garage, 900 South College Avenue, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The Scott Apartment Building and Associated Garage have architectural significance to Fort Collins as a monumental and well preserved example of brick twentieth-century apartment building architecture. The property is also historically significant for its association with the growth and development of Colorado State University. The current owners of the property, Charles and Lucretia Rhodes, are initiating this request for Fort Collins landmark designation for the Scott Apartments. The property is under contract for purchase by Stephen G. and Mary E. Levinger, who are in favor of the landmark designation and have signed the designation application as equitable owners/contract 440 February 19, 2002 purchasers. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, designates the Scott Apartment Building and Associated Garage, 900 South College Avenue, as a historic landmark. 10. Second Reading of Ordinance No. 018, 2002, Amending Sections 19-49 and 19-50 of the City Code Pertaining to Rules for Traffic Infractions. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, amends Sections 19-49 and 19-50 of the City Code pertaining to rules for traffic infractions. 11. Second Reading of Ordinance No. 019, 2002, Amending Certain Sections of Chanter 3 of the City Code Relating to Alcoholic Beverages. The Liquor Licensing Authority has concurrent power to grant or deny liquor licenses and permits and regulate licensed establishments. The State Liquor Code provides for bed and breakfast permits to allow such establishments to provide alcohol beverages to patrons subject to certain restrictions. The Fort Collins City Code does not have such a provision. This Ordinance, which was unanimously adopted on First Reading on February 5, 2002, amends Chapter 3 of the City Code, making the Code consistent with the State Liquor Code. 12. Second Reading of Ordinance No. 020, 2002, Authorizing the Mayor to Quit Claim Approximately 2,198 Square Feet of Lee Martinez Park to Wonderland Hill Development Company For Adjacent Parking. and Authorizing the Acceptance of Deeds Conve3dn,g, Property Along the South Boundary of the Park. Wonderland Hill Development Company contacted the Parks Division to discuss a possible boundary change to accommodate the new 6-stall parking lot proposed for the site. The property boundary to be revised is located on the south property line at Lee Martinez Park. After a series of negotiations, staff is proposing a change that meets the needs of the Wonderland Hill Development Company. This Ordinance was unanimously adopted on First Reading on February 5, 2002. 13. Items Relating to the East Ridge Annexation. A. Second Reading of Ordinance No. 021, 2002, Annexing Property Known as the East Ridge Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 022, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Ridge Annexation to the City of Fort Collins, Colorado. 441 February 19, 2002 Resolution 2002-010 Setting Forth Findings of Fact and Determinations Regarding the East Ridge Annexation was unanimously adopted on February 5, 2002. This is a request for a 100% voluntary annexation. The site is approximately 159 acres of land located south of East Vine Drive, east of North Timberline Road and north of East Mulberry Street. The recommended zoning is Transition (T). Ordinance No. 021 and Ordinance No. 022, 2002, were also unanimously adopted on First Reading on February 5, 2002 annexing and zoning the property known as the East Ridge Annexation. 14. Items Relating to the Front Range Annexation. A. Second Reading of Ordinance No. 023,2002, Annexing Property Known as the Front Range Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 024, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Front Range Annexation to the City of Fort Collins, Colorado. Resolution 2002-011 Setting Forth Findings of Fact and Determinations Regarding the Front Range Annexation was unanimously adopted on February 5, 2002. Ordinance No. 024, 2002 and Ordinance No. 025, 2002, which were unanimously adopted on First Reading on February 5, 2002, annex and zone 4.84 acres located at the northwest comer of State Highway 287 (South College Avenue) and Trilby Road. The property is currently functioning as the High Country Pools commercial operation. It is in the C — Commercial Zoning District in Larimer County. The requested zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Larimer County to the south and east and NC — Neighborhood Commercial in the City to the west and the north. This is a 100% voluntary annexation. 15. Items Relatine to the Webster Farm Annexation. A. Second Reading of Ordinance No. 025, 2002, Annexing Property Known as the Webster Farm Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 026, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Webster Farm Annexation to the City of Fort Collins, Colorado. Resolution 2002-012 Setting Forth Findings of Fact and Determinations Regarding the Webster Farm Annexation was unanimously adopted on February 5, 2002. 442 February 19, 2002 Ordinance No. 025, 2002 and Ordinance No. 026, 2002, which were unanimously adopted on First Reading on February 5, 2002, annex and zone the Webster Farm property which is approximately 156.25 acres in size. The site is approximately one -quarter section of land generally located on the east side of Ziegler Road (C.R.#9), one-half mile south of Harmony Road. Kechter Road (C.R.#36) forms the southern boundary. The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood. This will match the existing zoning on the east and west sides of the property. Contiguity with the existing municipal boundary is gained along the north, east and west property lines. 16. Second Reading of Ordinance No. 027, 2002, Authorizing the Sale of a 2.194-Acre Site Originally Purchased for the Locust Street Outfall at 937-939 Riverside Avenue to Houska Outfall. L.L.C. hi 1994, the City purchased a site for $279,790 to be used for the Locust Street Outfall Project. Financing for the Project was obtained in the June 1999 Bond Issue and construction was completed in the fall of 2001. It was expected when the property was purchased that all of it would not be needed for the Project; however, until the design was completed, it was not known if the site would have a developable remainder. As it turns out, the site is developable even with the easement reservations. As a result, staff informed all City Departments that this site would be excess property to Utility Services and would be marketed for sale if a City need was not identified. Parks, Natural Resources and Affordable Housing considered the site; however, each determined it did not meet their respective needs. During the market phase, the adjacent property owner, Houska Automotive, came forward with an offer to purchase the site; however, agreement on value could not be reached. As a result, the property was appraised and the appraisal was used to help establish value. Ordinance No. 27, 2002 was unanimously adopted on First Reading on February 5, 2002. 17. First Reading of Ordinance No. 013, 2002, Appropriating Prior Year Reserves and Transferring Appropriations. The funds recommended for appropriation are unencumbered funds from 2001. Appropriating these unencumbered funds does not affect the projected year-end reserve balances as presented in the adopted 2002-2003 Biennial Budget. 443 February 19, 2002 18. First Reading of Ordinance No. 028, 2002, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Matching Funds Previously Appropriated in the Advance Planning Budget for the Buckingham. Alta Vista. and Andersonville Neighborhoods Survey Grant Project. This grant was dependent upon matching funds of $9,500, previously reappropriated from the Advance Planning Department's 2000 budget for the Buckingham, Alta Vista and Andersonville Neighborhoods Historic Survey and Contexts. The funds from the department's reappropriation and the funds from the Colorado Historical Society's matching grant will be combined into the Buckingham, Alta Vista and Andersonville Neighborhoods Survey Grant fund. Accepting this grant will enable the Fort Collins Advance Planning Department to conduct an intensive -level historic survey of approximately 150 properties, and the preparation of three historic contexts, on the sugar beet industry, the Germans from Russia in Fort Collins, and the Hispanics in Fort Collins. This project is critical to identifying those historic structures eligible for City and State preservation incentives, such as Colorado State Tax Credits and the City's Landmark Rehabilitation Loan Program. Historic structure surveys were one of the objectives identified in City Plan and in the Historic Resources Preservation Program Plan. 19. First Reading of Ordinance No. 029, 2002, Appropriating Unanticipated Revenue in the Capital Projects Fund and the Capital Improvement Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructing Improvements at Sheldon Lake in City Park. The Wilkins Trust generously donated $100,000 in 2000 for improvements to the north shore of Sheldon Lake. The new sidewalk, benches, and crushed fine gravel path have been installed and are being enjoyed by park visitors. Staff has determined that growth of population in the general service area of City Park has resulted and will continue to result in increased use of City Park, including increased demand for footpaths and pedestrian access around Sheldon Lake. hi order to accommodate this increasing demand for pedestrian walkways, and to absorb the increased pedestrian traffic around and in the vicinity of Sheldon Lake in City Park, certain improvements around the perimeter of Sheldon Lake are necessary. Consequently, staff is proposing that funds in the amount of $125,000 be appropriated from current year revenues received in the Capital hmprovement Expansion Fee Fund for Community Park Improvements, to be used for boardwalk and shoreline improvements around Sheldon Lake. The Trust would like to continue to help fund improvements at Sheldon Lake with this new donation in the amount of $175,000. This funding will help pay for construction of a ►►1 February 19, 2002 boardwalk around the outdoor pool; irrigation and landscaping along the west and south shore; for a stone wall along City Park Drive; for irrigation, landscaping and a storage shed for the Trolley Bam; and for improvements to City Park Center. 20. First Reading of Ordinance No. 030, 2002, Appropriating Prior Year Reserves Designated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Projects Fund Webster Community Park Capital Project and the Kechter Road Improvements Project for the Purpose of Acquiring Land from Poudre School District for the Webster Community Park Site and for the Construction of Improvements to Kechter Road. The Parks and Recreation Policy Plan, which was adopted by City Council in 1996, plans for community parks to be developed throughout the City. The southeast section of the community will need to be served by a 50 to 60 acre community park based on the projected density of residential development. Poudre School District and the City have looked at the Webster Site as a joint location for the new 2004 high school and a community park. The District purchased the 160-acre site in 2001. District and City staff have developed a conceptual site plan for the Webster Site. The new high school will occupy about the north 2/3 of the site. The community park will be located on the south 53.652 acres of the site. 21. First Reading of Ordinance No. 031, 2002, Amending Chanters 23 and 28 of the City Code so as to Provide for the Regulation of Electric Assisted Bicycles. This item amends the City's Traffic Code to define the following: 1. What qualifies as an electric assisted bicycle. 2. Maximum speed capability. 3. Rules and regulations for use of these bicycles. A separate definition of electric assisted bicycle is necessary to ensure compliance with standards and safeguards such as maximum speed capability and areas of allowed use. The additional language in the Code provides for the following: • Electric assisted bicycles may travel at safe speeds in the bicycle lanes along with bicycles, subject to the same rules of the road as bicycles. • Electric assisted bicycles are excluded from sidewalks and City trails. • A speed limit of 20 mph is established for electric assisted bicycles. • Operators of electric assisted bicycles are required to be 14 years old or older. 445 February 19, 2002 22. Items Relating to the Fossil Lake Annexation No. 1. A. Resolution 2002-020 Setting Forth Findings of Fact and Determinations Regarding the Fossil Lake Annexation No. 1. B. Hearing and First Reading of Ordinance No. 032, 2002, Annexing Property Known as the Fossil Lake Annexation No. 1. C. First Reading of Ordinance No. 033, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 1. (Hearing to occur on Second Reading.) The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. 23. Items Relating to the Fossil Lake Annexation No. 2. A. Resolution 2002-021 Setting Forth Findings of Fact and Determinations Regarding the Fossil Lake Annexation No. 2. B. Hearing and First Reading of Ordinance No. 034, 2002, Annexing Property Known as the Fossil Lake Annexation No. 2. C. First Reading of Ordinance No. 035, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 2. (Hearing to occur on Second Reading.) The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. 24. Items Relating to the Fossil Lake Annexation No. 3. A. Resolution 2002-022 Setting Forth Findings of Fact and Determinations Regarding the Fossil Lake Annexation No. 3. B. Hearing and First Reading of Ordinance No. 036, 2002, Annexing Property Known as the Fossil Lake Annexation No. 3. 446 February 19, 2002 C. First Reading of Ordinance No. 037, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 3. (Hearing to occur on Second Reading.) The annexation application complies with the applicable Colorado Revised Statutes, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criterion in the Fort Collins Land Use Code. 25. Items Relating to the North College Improvement Project. A. Resolution 2002-023 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation forthe Design and Construction of the North College Bicycle/Pedestrian Improvements. B. First Reading of Ordinance No. 038, 2002, Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund, North College Corridor Project, Phase 1 Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to Be Used for Bicycle and Pedestrian Improvements along North College Avenue Between Jefferson Street and Vine Drive. The first phase of the North College Improvement project is funded by the City's Building Community Choices 1/4 cent sales tax. The Ordinance that imposed the tax describes the project as follows: "This is a four phase project to improve the safety of pedestrians and vehicles on North College Avenue. Phase I will focus on the 1/4 to 1/2 mile north of Jefferson Street. Anticipated improvements may include: (1) drainage improvements; (2) widening the roadway to provide better and safer facilities for bicycles and pedestrians; (3) constructing medians for access control; and/or (4) improving to full arterial street standards including curb, gutter, and sidewalk. Planning, design, right-of-way acquisition and other project costs may also be included." The City of Fort Collins and the Colorado Department of Transportation (CDOT) along with the City's consulting team have been working to finalize the conceptual design plan for the first phase of the North College Improvement Project. The first phase of this project includes the portion ofNorth College Avenue (US287) from the Jefferson Street (SH 14)/Maple Street intersection on the south to Vine Drive on the north. The conceptual design plan has been developed in accordance with the North College Avenue/US 287 Access Management Plan. �l February 19, 2002 26. Resolution 2002-024 Approving the Purchase of one Vermeer Navigator D24x40a Directional Drill from Vermeer Sales & Service of Colorado as an Exception to the Competitive Purchasing Process. Vermeer Sales & Service of Colorado, the drill supplier, has provided excellent service and support for the Navigator D24 unit purchased new in 1994. This unit is at the end of its service life. This Resolution will authorize the purchase of one Vermeer Navigator D24x40a Directional Drill as an exemption to the use of competitive bid or proposal as provided in the Code. 27. Resolution 2002-025 Approving the Purchase of Padmounted Voltage Regulators from Utility Products Supply as an Exception to the Competitive Purchasing Process. The Fort Collins Light and Power Utility has a current need to purchase 10 padmounted voltage regulators to regulate voltage on distribution circuits. These regulators will increase the voltage on distribution circuits to serve loads further away from existing substations thereby delaying the need to build a new substation. The Code authorizes the Purchasing Agent to negotiate the purchase of supplies and equipment without utilizing a competitive bidding process where the Purchasing Agent determines that only one responsible source exists. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 014, 2002, Authorizing the Transfer of Appropriations from the Capital Projects Fund Traffic Signal Timing System and Streets Facility Expansion Projects to the Traffic Operations Facility Capital Project to Be Used to Construct a Facility to House the Advanced Traffic Operations System and Supporting Operations. 9. Second Reading of Ordinance No. 017, 2002, Designating the Scott Apartment Building and Associated Garage, 900 South College Avenue, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 10. Second Reading of Ordinance No. 018, 2002, Amending Sections 19-49 and 19-50 of the City Code Pertaining to Rules for Traffic Infractions. 11. Second Reading of Ordinance No. 019, 2002, Amending Certain Sections of Chapter 3 of the City Code Relating to Alcoholic Beverages. M February 19, 2002 U. Second Reading of Ordinance No. 020, 2002, Authorizing the Mayor to Quit Claim Approximately 2,198 Square Feet of Lee Martinez Park to Wonderland Hill Development Company For Adjacent Parking and Authorizing the Acceptance of Deeds Conveying Property Along the South Boundary of the Park. 13. Items Relating to the East Ridge Annexation. A. Second Reading of Ordinance No. 021, 2002, Annexing Property Known as the East Ridge Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 022, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Ridge Annexation to the City of Fort Collins, Colorado. 14. Items Relating to the Front Range Annexation. A. Second Reading of Ordinance No. 023, 2002, Annexing Property Known as the Front Range Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 024, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Front Range Annexation to the City of Fort Collins, Colorado. 15. Items Relating to the Webster Farm Annexation. A. Second Reading of Ordinance No. 025, 2002, Annexing Property Known as the Webster Farm Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 026, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Webster Farm Annexation to the City of Fort Collins, Colorado. 16. Second Reading of Ordinance No. 027, 2002, Authorizing the Sale of a 2.194-Acre Site Originally Purchased for the Locust Street Outfall at 937-939 Riverside Avenue to Houska Outfall, L.L.C. Ordinances on First Reading were read by title by City Clerk Krajicek. 17. First Reading of Ordinance No. 013, 2002, Appropriating Prior Year Reserves and Transferring Appropriations. EUG] February 19, 2002 18. First Readine of Ordinance No. 028, 2002, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer ofMatching Funds Previously Appropriated in the Advance Planning Budget for the Buckingham, Alta Vista. and Andersonville Neighborhoods Survey Grant Project. 19. First Reading of Ordinance No. 029, 2002, Appropriating Unanticipated Revenue in the Capital Projects Fund and the Capital Improvement Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructing Improvements at Sheldon Lake in City Park. 20. First Reading of Ordinance No. 030, 2002, Appropriating Prior Year Reserves Designated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Projects Fund Webster Community Park Capital Project and the Kechter Road Improvements Project for the PjUose of Acquiring Land from Poudre School District for the Webster Community Park Site and for the Construction of Improvements to Kechter Road. 21. First Reading of Ordinance No. 031, 2002, Amending Chanters 23 and 28 of the City Code so as to Provide for the Regulation of Electric Assisted Bicycles. 22. Items Relating to the Fossil Lake Annexation No. 1. B. Hearing and First Reading of Ordinance No. 032, 2002, Annexing Property Known as the Fossil Lake Annexation No. 1. C. First Reading of Ordinance No. 033, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 1. (Hearing to occur on Second Reading.) 23. Items Relating to the Fossil Lake Annexation No. 2. B. Hearing and First Reading of Ordinance No. 034, 2002, Annexing Property Known as the Fossil Lake Annexation No. 2. C. First Reading of Ordinance No. 035, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 2. (Hearing to occur on Second Reading.) 24. Items Relating to the Fossil Lake Annexation No. 3. B. Hearing and First Reading of Ordinance No. 036, 2002, Annexing Property Known as the Fossil Lake Annexation No. 3. 450 February 19, 2002 C. First Reading of Ordinance No. 037, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Lake Annexation No. 3. (Hearing to occur on Second Reading.) 25. Items Relating to the North College Improvement Project. B. First Reading of Ordinance No. 038, 2002, Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund, North College Corridor Project, Phase 1 Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to Be Used for Bicycle and Pedestrian Improvements along North College Avenue Between Jefferson Street and Vine Drive. Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. Mewgx3nell614MItoy "IR RM Consent Calendar Follow-up Councilmember Bertschy spoke regarding item #19 First Reading of Ordinance No. 029, 2002, Appropriating Unanticipated Revenue in the Capital Projects Fund and the Capital Improvement Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructing Improvements at Sheldon Lake in City Park and acknowledged the generous donation made by the Wilkins Trust. Councilmember Reports Councilmember Weitkunat reported on Growth Management Committee discussions pertaining to the update of the downtown strategic plan and the intersection capacity reservation policy. Councilmember Kastein reported on North Front Range Air Quality and Transportation Planning Council discussions relating to the responsibilities of the MPO as the lead air quality planning agency for the region, the regional transit authority, personnel policies and procedures for the MPO, the unified work program, and the annual accounting of the use and air quality benefits of CMAC funds. Councilmember Tharp reported on I-25 Policy Committee discussions relating to implementation strategies, composition of the open space task force, and minimum standards. 451 February 19, 2002 Councilmember Tharp reported on the Colorado Municipal League legislative workshop and the CML Policy Committee discussions of legislative issues that are in process. Councilmember Bertschy reported on the Transportation Subcommittee discussions of a special meeting with the Transportation Board and a meeting with the Chamber of Commerce Transportation Board. Resolution 2002-026 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 & Programming and Tourism Programming 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 $5,000 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 $5, 000 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. The following disbursements from funds in the City's Cultural Development and Programming and Tourism Programming accounts were recommended by the Cultural Resources Board at its regular meeting of January 24, 2002 for Tier #2 and Tier #3 applicants. ORGANIZATION Alzheimer's Association American Cancer Society American Cancer Society EVENT/DATE Fort Collins Memory Walk/Run June 6, 2002 Annual Golf Tournament May 13, 2002 Relay for Life June 14-15, 2002 452 AMOUNT AMOUNT REQUESTED RECOMMENDED $2,500 $600 $2,500 $600 $2,500 $600 Canyon Concert Ballet "Alice in Wonderland's Tea Party" May 2-3, 2002 Cinco de Mayo Committee Cinco de Mayo Celebration May 3 - 5, 2002 City of Fort Collins /Parks & "Just for Ladies" Golf Tournament Recreation June 8, 2002 Colorado Community Theatre CCTC Theatre Festival 2002 Coalition June 16-30, 2002 Colorado State University /APASS Asian Fest 2002 April 18 - 28, 2002 Colorado State University/ELC Cultural Arts on the Prairie June - August 2002 Colorado State University/Outdoor Outdoor Cafe Theatre Season Theatre June 25 - July 27, 2002 Colorado State University /Dance "This Speaking Body" Program April26-28, 2002 Community Horticulture Center Fort Collins Gardenfest July 27, 2002 Dance Connection Perf. Network New Visions Dance Festival March 29 & 30, 2002 Dance Express Robin Hood April 13 & 14, 2002 Debut Theatre Company 2002 "Season" May 10-18 & Oct. 12-20, 2002 Disabled Resource Services The Family Center Wine Fest XX June 7, 2002 Camp Collins - 4th of July July 4, 2002 453 February 19, 2002 $4,000 $3,900 $4,000 $1,500 $2,000 $1,000 $500 $4,000 $3,000 $4,000 $4,000 $2, 750 $4,000 $2, 700 $4,000 $2,000 $1,500 $4,000 $1,500 $2,000 $600 $1,500 $500 $2,000 $1, 900 $2,000 $1,900 $2, 900 $2,300 $2,900 $1,700 $0 $1,000 $400 $1,500 February 19, 2002 The Family Center Day in the Park with Dad $1, 650 $500 June 16, 2002 Food Bank for Larimer County Empty Bowls $1,222 $600 February 26, 2002 * Foot of the Rockies Easy Street Marathon & $2,500 Not Recommended Coppersmith Half Marathon October 6, 2002 Fort Collins Area Swim Team FAST Fall Splash $2, 062 $0 November 8 - 10, 2002 $1,000 Fort Collins Area Swim Team Co. Swimming State Age Grp Champ. $2,500 $0 March 15-17, 2002 $2,000 Fort Collins Pipe Band Annual Spring Concert $1,500 $700 March 9, 2002 Friends of the Senior Center The Jokers Run Wild $2,500 $600 March 2, 2002 Lambda Community Center PrideFest $500 $500 June 22, 2002 Northern Colorado Weavers Guild Fiber Celebration 2002 $550 $500 May 31-June 28, 2002 Poudre School District/CSU Friendship & Understanding $4,000 $2,900 Through the Arts April 7-14, 2002 Procession of the River Species Procession of the River Species $3,000 $1,400 June 1, 2002 Public Radio for the Front Range Musicfest $3, 600 $3,100 March], 2, &3, 2002 * * Share Our Strength Taste of the Nation $2,500 Not Recommended May 2, 2002 454 February 19, 2002 BOLD = Tourism Programming $35,100 Account 1$ 5.000 Totals $80,534 $50,100 *Funding was not recommended for this event. The Cultural Resources Board determined that since the proceeds were to benefit United Way, the Board recommended that United Way sponsor the event and apply for funding in the June 2002 Fort Fund Session. ** Funding was not recommended for this event based on ranking. " City Manager Fischbach introduced the agenda item. Mike Powers, CLRS Director, presented background information relating to the agenda item and gave a status report and information about Fort Fund. Libby Colbert, Public Relations Coordinator for the Lincoln Center and Fort Fund Administrator, presented an overview of the Fort Fund program, the types of events it supports, and the criteria used by the Cultural Resources Board to determine which organizations are recommended for funding. She spoke regarding the three-tier system for annual programming, special events, and fund raising events. She presented a summary of total funding disbursed over the past six years. Mayor Martinez asked if organizations are held accountable for how the Fort Fund money is spent. Colbert stated that the organization must submit a written evaluation and report that includes a breakdown of what was spent. Mayor Martinez asked if groups are audited to determine if funds are spent correctly. Colbert replied in the negative. Kirk Brush asked for examples of the tier two and tier three groups. Colbert gave examples of these two tiers of funding. Councilmember Weitkunat expressed a concern regarding the consistency of funding to similar organizations. She asked that Council, for next year's allocation, see an analysis of the groups that receive funding at every level each year. She expressed a concern that these organizations are counting on Fort Fund for survival. She asked for a review of how money has been allocated. Councilmember Tharp asked about the proportion ofmoney allocated to each tier and stated that she would like to see diversity in allocations for a variety of events besides performing arts. 455 February 19, 2002 Ayleen Bums, Cultural Resources Board member, stated that the board encourages the grantees to look for other sources of funding. She stated that the board's criteria include efforts made to look for other funding. She noted that there are a wide variety of applicants and grantees. Councilmember Bertschy asked about the funding levels and tiers. Jennifer Beccard, Cultural Resources Board Chair, stated that the board looks at all applications within three tiers. She noted that there are two funds: (1) the general Fort Fund and (2) a smaller amount of money that targets events that will bring in tourism dollars and generate future lodging tax dollars. She stated that some groups receive funding from both funds. Mayor Martinez noted that 30 organizations are listed for funding and asked if there are organizations listed that did not have a chance for first time funding. Colbert stated that there was one group that did not make it to the reviewing stage because the application was for capital improvements money. Councilmember Weitkunat asked how the program is promoted and suggested more publicity for the program. She expressed a concern regarding repeat funding of organizations. Colbert stated that a press release is done to announce the organizations funded, and that information about the program is available on the website. Councilmember Weitkunat expressed a concern that the program is underutilized by organizations that may have valid events. She asked that the Cultural Resources Board look at how the program is publicized. Colbert stated that there is an extensive mailing list for notifications regarding the program. She noted that applicants must have 501(c)(3) nonprofit status. She stated that organizations that receive repeat funding have a track record and are providing valuable events to the community. She stated that staff and the board also look at opportunities for new events. Councilmember Bertschy made a motion, seconded by Councilmember Kastein, to adopt Resolution 2002-026. Councilmember Bertschy thanked the Cultural Resources Board for their hard work on Fort Fund allocations and stated that there is diversity in funding in this funding cycle. Councilmember Weitkunat thanked the Cultural Resources Board for their work on these allocations. She spoke regarding progress made in how allocations are made. Mayor Martinez expressed appreciation to the Cultural Resources Board for their work. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. Ewe February 19, 2002 THE MOTION CARRIED Ordinance No. 030, 2002 Appropriating Prior Year Reserves Designated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Projects Fund Webster Community Park Capital Project and the Kechter Road Improvements Project for the Purpose of Acquiring Land from Poudre School District for the Webster Community Park Site and for the Construction of Improvements to Kechter Road. Adopted on First Reading The following is staff s memorandum on this item. "Financial Impact The Capitallmprovement Expansion Fee for Community Parkland is a one-time fee collected on new residential unitsfor the acquisition and development ofcommunityparks. The Webster Community Park will serve the residents in the southeast section of the city. The land cost is $1, 475,493 and the park'sshare ofKechterRoad costs is$1,062,315. The Capital Improvement Expansion Community Parkland Fund presently has $10,500,000 in reserve. The allocation of funds at this time for Webster Park will not impact the development of Southwest Community Parkin2006. Maintenance funds are available starting in 2002 to maintain the undeveloped park site. Executive Summary The Parks and Recreation Policy Plan, which was adopted by City Council in 1996, plans for communityparks to be developed throughout the City. The southeast section of the community will need to be served by a 50 to 60 acre community park based on the projected density of residential development. Poudre School District and the City have looked at the Webster Site as a joint location for the new 2004 high school and a community park. The District purchased the 160-acre site in 2001. District and City staff have developed a conceptual site plan for the Webster Site. The new high school will occupy about the north 213 of the site. The communitypark will be located on the south 53.652 acres of the site. Poudre School District and its consultants have worked with City staff to develop a plan for the school/park site that maximizes benefits to the community. Outdoor school and parkfacilities have been planned to serve both the school and the park, resulting in a reduction in development and maintenance costs. Examples include sharing a raw water delivery and storage system, irrigation pumpingplant, lighted ballfzelds and tennis courts, parking areas and open turfspaces. 457 February 19, 2002 It is cost effective to develop Kechter Road along the park boundary in conjunction with the construction of roads and infrastructure for the new high school. Building the road now also benefits the students and Poudre School District by improving access to the new high school. The new high school will be open in 2004. The park will go through a public design process with an opening presently scheduled for 2008. The Parks and Recreation Board discussed the Webster Community Park site at its April 25, 2001 and October 24, 2001 board meetings. The Board supported the purchase of the site for a community park. " City Manager Fischbach introduced the agenda item. Marty Heffernan, Director of Parks and Recreation, presented background information regarding the agenda item. He stated that Council is being asked to appropriate funding of approximately $1,475,000 to buy 53.6 acres of parkland from the Poudre School District. He presented visual information concerning the dispersal of existing and developing parks within the City and the property that the City would like to acquire from the School District. He spoke regarding the cooperative efforts between the City and the School District and the advantages of co -locating schools and parks. He noted that the Council is also being asked for approximately $1 million for the City's portion of building Kechter Road. He described the amenities that would be included in the park site. He stated that the ordinance would appropriate money so that the City can buy the land and build the road. City Manager Fischbach stated that the School District had considered building a school on Prospect Road east of I-25 and that the City suggested that was an inappropriate location. He stated that the School District agreed and embarked on a search for another school site. He stated that the Webster site works for the School District and the City. Councilmember Hamrick asked about the piece of the park that is across the road. Heffernan stated that there will be a shared irrigation pond and facility at that location. Councilmember Hamrick asked how a shared park is managed. Heffernan stated that the largest ballfield will be a dedicated school facility and that the other fields can be used for City programs. Councilmember Kastein asked where the 2002 maintenance funds come from. Heffernan stated that the maintenance costs on undeveloped park sites are minimal and that City maintenance costs are covered by the hay contract on the property. Councilmember Kastein requested information from staff regarding park maintenance costs. 458 February 19, 2002 Councilmember Hamrick made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 030, 2002 on First Reading. Mayor Martinez stated that he would also like to see information about park maintenance costs. Councilmember Hamrick thanked staff for the detailed presentation. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Other Business Councilmember Tharp requested a two -page memo regarding whether it would be appropriate to have a separate Museum Board. City Manager Fischbach noted that the Thursday Council packet will have information regarding the history of this issue. Councilmember Bertschy noted that the North College Avenue Improvement Plan was approved on the Consent Calendar and that this marks the beginning of the project. Adjournment The meeting adjourned at 7:15 p.m. Mayor ATTEST: llfflcr mo 459