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HomeMy WebLinkAboutMINUTES-09/03/1996-RegularSeptember 3, 1996 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 3, 1996, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Kneeland, McCluskey, Smith and Wanner. Councilmembers Absent: Janett. Staff Members Present: Fischbach, Roy, Davis. Citizen Participation Pat O'Donnell, 2604 S. Taft Hill Road, speaking for himself and on behalf of his wife, expressed their frustration with the construction project on Taft Hill and Drake Road and of the limitations the turn lanes and median would have on their mobility. He spoke of costs in installing medians, and stated he was never formerly advised of construction of medians. Kelly Ohlson, 2040 Bennington Circle, spoke of recent articles published in the Denver Post addressing the abuse of enterprise zones. He asked why Larimer County and the City were interested in expanding the enterprise zone areas when most City's are concerned with reducing those areas. He stated there was adequate time during this meeting to devote to this issue. Citizen Participation Follow-up Councilmember Kneeland responded to Mr. O'Donnell's concerns stating it was Council and staffs desire to use medians as a method of connecting neighborhoods, and commented that the visual preference survey concluded the community places a high value on medians. She spoke of the possibility of allowing a u-turn. City Manager John Fischbach clarified the project has been revised to add a protected u-turn lane. Councilmember Apt responded to Mr. O'Donnell's concerns and clarified he and Councilmember Kneeland were responsible for initiating inclusion of medians. He spoke of the need to plant trees adding more greenery and less asphalt and the need for landowners to be compensated fairly. September 3, 1996 Agenda Review City Manager John Fischbach noted an additional Resolution had been added to Council packets, Resolution 96-102 Endorsing a North Front Range Feasibility Sti(dv for Passenger Rail from Fort Collins to Denver, and would be considered under the Other Business portion of the meeting. Council member Apt requested that Item #14, First Reading of Ordinance No. 117, 1996, Combining the City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board, be withdrawn from the Consent Agenda. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #21, Public Pulled Consent Items. Second Reading of Ordinance No. 105, 1996, Amending Section 23-227 of the Code of the City of Fort Collins Relating to Neighborhood Parkland Fees, Ordinance No. 105, 1996, was unanimously adopted on First Reading on August 20, 1996, and increases the Neighborhood Parkland Fee to an average amount of $848 per dwelling unit, representing a 4.3 percent increase. This increase is based on the Consumer Price Index for the year ending December 31, 1995. S. Second Reading of Ordinance No I 11. 1996, Amending Chapter 26 of the City Code to Clarify Certain Powers of the Wastewater Utility Enterprise. Ordinance No. I 11, 1996, which was unanimously adopted on First Reading on August 20, 1996, makes one additional clarification to Chapter 26, limiting the purposes for which the Wastewater Utility may issue revenue bonds for wastewater purposes. This change is based on the advice of the City's bond counsel. 9. First Reading of Ordinance No. 120, 1996. Adopting and Determining the Effective Date for the District -Precinct Map for the 1997 Regular Municipal Election, The City Charter requires that the Council District boundaries be drawn every two years. Redistricting must be completed at least six months before each biennial regular election, and the deadline for redistricting for the April 8, 1997 City election is October 10, 1996. Redistricting is accomplished by Council ordinance. To meet the October deadline, an ordinance approving the 1997 District -Precinct Map must be adopted on First Reading on September 3, 1996 September 3, with final passage on September 17. The map would also apply to any special election held during this period of time. In addition to adopting the 1997 map, the ordinance specifies that the 1997 District boundaries will be used to determine the residency qualification for any applicants for Council District vacancies occurring after the effective date of the ordinance and prior to the adoption of a District -Precinct Map for the next regular election. 10. First Reading of Ordinance No 113, 1996 Authorizing a Mail Ballot Election for the April 8, 1997 Regular City Election. This Ordinance would authorize conducting the April 8, 1997 regular municipal election by mail ballot, adopt the portion of the Uniform Election Code governing mail ballot elections. authorize the City Clerk to submit a mail ballot plan to the Secretary of State, and establish the polling place for in -person voting for the April election. 11. First Reading of Ordinance No 114, 1996, Amending Section 7-127 of the City Code Pertaining to Camden Contribution Limits. This Ordinance would amend the section of the City Code which imposes a fifty dollar ($50) campaign contribution limit. More particularly, the amendment would change the wording of the exemption for so-called "independent expenditures" and add certain definitions. The amended language would continue to limit contributions made to a candidate or an authorized political committee of the candidate and it would clarify that the limitation applies whether such contribution is made directly or indirectly. It would also extend the limitation to loans, unless those loans are personally guaranteed or secured by real property owned by the candidate, or by his or her family or business. As to independent expenditures, it would also clarify that even if such expenditures are made with the prior knowledge of the candidate, they are subject to the limitation only if they are made in concert with, or at the request or suggestion of, the candidate, the candidate's political committee, or an agent of the candidate. 12. First Reading of Ordinance No 115. 1996. Authorizing the City to Grant a Non -Exclusive Easement for Underground Cable in Favor of U.S. West and Poudre Valley Rural Electric Association ("REA"). Both U.S. West and REA have an existing easement in West Harmony Road near Shields Street. In this area, Harmony Road is being widened and, as a result, U.S. West and REA need to relocate their facilities in this area. The City owns Tract "D" of Coventry Subdivision, Filing No. I, which is adjacent to Harmony Road and Crest Road. The relocation of underground cable by US West and REA needs to be placed in the northerly 15 feet of Tract "D". September 3, 1996 All departments that have an interest in this tract (Parks and Recreation, Natural Resources, and Stormwater) have reviewed and approved the request for an easement dedication to U.S. West and REA. 13. First Reading of Ordinance No 116. 1996, Designating the Fort Collins Museum's 1936 Model 221D Diamond T Aerial Ladder Fire Truck, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The City, as owner of the Fire Truck, is initiating this request for Local Landmark designation for the Fort Collins Museum's 1936 Model 221D Diamond T Aerial Ladder Fire Truck. The vehicle is important for its historical significance, in that it is associated with significant events and historic trends in the history of Fort Collins. 14. First Reading of Ordinance No. 117, 1996, Combining the City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board. In December of 1995, Utility Services was divided into two service areas; Light & Power and Water Utilities. As a part of this reorganization the Storm Water Utility was combined with the Water and WastewaterUtilities creating a new Water Utilities Service Area. This action placed all the major departments dealing with water utilities in one service area. As a result of the reorganization there have been numerous discussions among members of the Water Board, Storm Drainage Board, Council and staff regarding the possibility of combining the Water Board and Storm Drainage Board into one board dealing with all water utilities policy issues. During their regular meetings in May and June, both the Storm Drainage Board and Water Board concluded that they would be supportive of combining the boards if the Council decided that such would be in the best interest of the City. This Ordinance consolidates the Water Board and Storm Drainage Board into a new Water Utilities Board with the same duties previously assigned to the Water Board and Storm Drainage Board. The new board would initially consist of the existing seven members of the Storm Drainage Board and the eleven members of the Water Board. However, the ultimate membership on the new board would be eleven members. It is expected that through attrition the number of board members would be reduced to eleven within the next few years. 15. First Reading of Ordinance No. 118. 1996, Authorizing the City to Grant a Non -Exclusive Sanitary Sewer Easement to Dana Shirk, The City of Fort Collins purchased a vacant tract of land in 1990 as part of the StuardStover Storm Drainage and Bridge Project. Dana Shirk has purchased the adjacent vacant property and is developing the Great Dane Minor Subdivision. It is necessary to cross the City -owned property to access the sewer main, as there is no reasonable alternative means for completing 4 September 3, 1996 the sanitary sewer improvements. Stormwater staff has reviewed this request and has approved granting Dana Shirk a non-exclusive easement. 16. Resolution 96-98 Authorizing a Nine -Month Lease of City -Owned Property at 945 East Prospect Road. The City purchased this house and lot as part of the Prospect/L.emay Choices `95 Intersection Improvement Project. This house will be affected by the right -turn lane that is to be added turning south on Lemay Avenue from Prospect Road. Construction of this right -turn lane will not take place until late 1997. Until the construction begins at this corner, rental of the house will result in rent proceeds to the City totaling approximately $5,800. Council approved a one-year lease in August of 1995 and approval of the Resolution will allow continuation of the lease with the current tenant at the same monthly rent amount of $650 for another nine months. 17. Resolution 96-99 Approving the Acceptance by the City of "The Mime" Sculpture by Artist John Becker, as a Donation from the Christopher Ludlum Memorial Committee. Section 23-307 of the Code, added in 1995, established the Art in Public Places Guidelines to carry out the acceptance of donated works of art. The Art in Public Places Guidelines state that all works of art donated to the City of Fort Collins to be placed in a public area must be approved by the APP Board. The City then must agree to accept ownership and responsibility for maintenance only of works of art that meet the objectives of the APP program. The work of art must also meet the criteria for works of art and site selection set forth in these Guidelines. The Christopher Ludlum Memorial Committee made a presentation to the APP Board on May 16, 1996 concerning the Committee's intention to donate a memorial piece of art, a bronze relief to be commissioned by the Committee and created by artist John Becker, for placement at the Lincoln Center. The artwork is entitled "The Mime" and is in honor of performer and community volunteer Christopher Ludlum. 18. Resolution 96-100 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund for the Commission of an Artist Designed Pedestrian Bridge Railing for Drake Road. Section 23-303 of the Code, added in 1995. established the Art in Public Places Reserve Account, and designated it for the use in the acquisition or leasing of works of art, 5 September 3, 1996 maintenance, repair of display of works of art, and administrative expenses related to the Art in Public Places Program, in accordance with the Art in Public Places Guidelines adopted by the Council in Ordinance No. 20, 1995. In connection with the Drake Road Widening Project, staff and the APP Board have proposed to use $37,100 to commission Laura Audrey to create an artistic element to the bridge railing on this project. The APP Board reviewed proposals for this project on June 4 and selected Laura Audrey as the finalist. Laura Audrey received a $500 honorarium to develop a detailed project proposal and presented it to the Board on July 18. The pedestrian bridge railing design utilizes the fabrication and casting of embellishments to the railing on Drake Road. Since the word 'pedestrian' comes from the latin for 'foot', images of feet are used by the artist. Since the bridge is involving art, the artist takes this opportunity to portray famous feet in art history, recreated in metal. Examples: Feet from Norman Rockwell's `The Tom Boy', a foot from Picasso's `Guemica', and the feet on a half shell from Bonticelli's 'The Birth of Venus'. The artist proposes fabricating some of these "foot" shapes in steel in a linear way like a line drawing. Other shapes relating to famous feet in Art History would be cast in bronze and bolted onto the railing. 19. Resolution 96-101 Setting the Dates of the Public Hearings on the 1997 Proposed City of Fort Collins Budget. The Charter requires that the Council set a date for the public hearing on the proposed 1997 City budget. This Resolution sets the hearing date for the Council meeting of September 17. 1996 and, in an effort to receive further public input, sets an additional hearing date for the October 1, 1996 Council meeting. 20. Routine Deeds and Easements. A. Poudre R-1 quit claimed Tract 'D" of Coventry Subdivision, Ist Filing (3.2 A.) in 1994; however, the City has never formally accepted ownership. It has been decided at an Open Lands Guidance Team Meeting that Stormwater Utility and Natural Resources are accepting joint management and Parks and Recreation is responsible for long-term maintenance. The tract is being used for natural area (Mail Creek runs through area), park site and detention pond. Monetary consideration: $0. B. Power line Easement from Arnold J. and Rita J. Knoll, 1932 West Elizabeth, needed to underground existing overhead electric services. Monetary consideration: $10. C. Power line Easement from Russell W. Coberly, 613 Skyline, needed to underground existing overhead electric services. Monetary consideration: $10. September 3, 1996 D. Power line Easement from M.T. Realty Ltd, a Colorado Corporation, 920 South Taft Hill, needed to install pad transformer to underground existing overhead electric system. Monetary consideration:$108. Items on Second Reading were read by title by Deputy City Clerk Molly Davis. Second Reading of Ordinance No. 1057 1996, Amending Section 23-227 of the Code of the City of Fort Collins Relating to Neighborhood Parkland Fees, Second Reading of Ordinance No. 1 1 I. 1996, Amending_ Chapter 26 of the City Code to Clarify Certain Powers of the Wastewater Utility Enterprise. 24. Second Reading of Ordinance No. 112. 1996, Authorizing a Rebate of Fees Associated with the Construction and Development of a New Building for Symbios Logic, Inc. Items on First Reading were read by title by Deputy City Clerk Molly Davis. First Reading of Ordinance No. 120, 1996, Adopting and Determining the Effective Date for the District -Precinct Map for the 1997 Regular Municipal Election. 10. First Reading of Ordinance No. 113. 1996, Authorizing a Mail Ballot Election for the April 8. 1997 Regular City Election. 11. First Reading of Ordinance No. 114, 1996, Amending_ Section 7-127 of the City Code Pertaining to Campaign Contribution Limits. 12. First Reading of Ordinance No. 115. 1996, Authorizing the City to Grant a Non -Exclusive Easement for Underground Cable in Favor of U.S. West and Poudre Valley Rural Electric Association ("REA" ). 13. First Reading of Ordinance No. 116, 1996, Designating the Fort Collins Museum's 1936 Model 221 D Diamond T Aerial Ladder Fire Truck, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 14. First Reading of Ordinance No. 117, 1996, Combining the City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board. 15. First Reading of Ordinance No 118, 1996, Authorizing the City to Grant a Non -Exclusive Sanitary Sewer Easement to Dana Shirk September 3, 1996 Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager John Fischbach introduced Vice President of Front Range Community College Campus Eric Reno. Mr. Reno updated Council on the progress of the construction of the joint City/College Community library. He presented slides showing what the facility would look like when completed. Library Director Linda Saferite briefly reported on the library Floor plan. Councilmember Apt thanked everyone involved for their efforts and complimented staff on the energy efficient design of the facility. He thanked State Representative Peggy Reeves for her support at the Legislative level. Reno reported ground breaking was scheduled for September 19, 1996 at 3:30 p.m. Councilmember Reports Councilmember Smith reported the Public Access Committee met and reviewed a draft ordinance relating to telecommunication issues and spoke of information technology issues for the Capital Improvement Program. He commented on the design of the bridge railing along Drake Road, noting it was the first major project to come from the "Art in Public Places" program. Councilmember Kneeland noted the Health and Safety Committee is waiting to address youth access to tobacco products in an attempt to coordinate its efforts with proposed legislation on the national level. Mayor Azari stated she attended a National League of Cities conference and reported she met a group forming a democratic discussion forum. She stated several issues and options were discussed regarding the use of public spaces to aid in the promotion of democracy. : September 3, 1996 Ordinance No. 112,1996 Authorizing a Rebate of Fees Associated with the Construction and Development of a New Building for Symbios Logic Inc. Adopted on Second Reading. The following is staff's memorandum on this item. "Executive Summary Ordinance No. 112, 1996, was adopted by a vote of 6-1 on First Reading on August 20, 1996, and approves the rebate of development fees associated with a new office facility for Symbios Logic (the fees will total approximately to $440,000), the actual fiauding for the rebate will derive from the tax revenues received over time from Symbios Logic. In August 1994, City Council adopted Ordinance No. 123, 1994 which amended Article VII Chapter 5 of the Code to permit the rebate of fees for the purpose of economic development Prior to the adoption of Ordinance No. 123, 1994, Council had authorized a development fee waiver program for consideration on a case -by -case basis. The rebate modification was suggested by staff in order to fin-ther protect the City by linking the payment of an incentive to the perfbnnance of the company requesting the incentive. The last incentive offered to a basic industrial company was an approximate $132,000 development fee rebate extended to Advanced Energy in 1995 in conjunction with the construction of its new f icilitY. The payback from that rebate request should occur- within the nest year. " City Manager John Fischbach reported Symbios Logic salary information was included in Council packets as requested. Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Ordinance No. 112, 1996 on Second Reading. Councilmember Apt expressed frustration with this item, stating he believed the community would be better served if funds were set aside to assist in training of people who do not have needed skills to make a decent living. Councilmember McCluskey stated Symbios Logic followed appropriate City process and spoke of the "good" the company brings to the community. Mayor Azari spoke of the importance in looking at work force plans. September 3, 1996 Councilmember Kneeland stated rebates are based on performance and spoke of the need to develop a program to encourage companies to continue on -going training so employees can continue to be of value to the work force. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Kneeland, McCluskey, Smith and Wanner. Nays: Councilmember Apt. THE MOTION CARRIED. Ordinance No.117,1996, Combining the City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board. Adopted on First Reading. The following is staff's memorandum on this item. "Executive Summary In December of 1995, Utility Services was divided into two service areas; Light & Power and Water Utilities. As a part of this reorganization the Storm Water Utility was combined with the Water and Wastewater Utilities creating a new Water Utilities Service Area. This action placed all the nu{jor departments dealing with water utilities in one service area. As a result of the reorganization there have been numerous discussions annong members of the Water Board, Storm Drainage Board, Council and staff regarding the possibility of combining the Water Board and Stonn Drainage Board into one board dealing with all water utilities policv issues. During their regular meetings in May and June, both the Storm Drainage Board and Water Board concluded that they would be supportive of combining the boards if the Council decided that such would be in the best interest of the City. Minutes from the board meetings are attached. This Ordinance consolidates the Water Board and Stonn Drainage Board into a new Water Utilities Board with the same duties previously assigned to the Water Board and Storm Drainage Board. The new board would initially consist of the existing seven members of the Storm Drainage Board and the eleven members of the Water Board. However, the ndtinttte membership on the new board would be eleven members. It is expected that through attrition the number of board members would be reduced to eleven within the next few years. " Councilmember Apt stated when he read the minutes of the Water Board meeting there appeared to be skepticism from members of the Water Board and Storm Drainage Board and believed Council should discuss this item, rather than adopting it on the Consent Agenda. fT September 3, 1996 Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 117, 1996 on First Reading. Councilmember Wanner spoke of the reasons for consolidating the Board and commented that members of both the Water and Storm Drainage Board supported the overall concept. Councilmember Smith asked why the length of the term (3 - 4 year terms) is not consistent with terms for the rest of the Boards and Commissions. City Manager John Fischbach stated term limits would be addressed before Second Reading, Mayor Azari stated there is a definite need for technical knowledge on the Board. Councilmember Wanner stated the workload for this particular Board is very significant and eventually this may help to ease that workload. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Azari, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Resolution 96-102 Endorsing a North Front Range Feasibility Study for Passenger Rail from Fort Collins to Denver Adopted. The following is staff's memorandum on this item. "Executive Summary The North Front Range Transportation & Air Quality Planning Council has financially supported and been involved in the Colorado Passenger Rail Plan during the past year. The Corridor Screening phase of the Plan is now completed and the North Front Range region has two existing rail alignments which ore in the high priority category, Denver -Greeley Fort Collins and Denver- Bozzlder-Lozzgnont-Loveland-Fort Collins. The North Front Range Passenger Rail Steering Committee has been organized by the NFRT & AQPC and has met twice since May, 1996. Three legislators --Peggy Reeves of Fort Collins, Bill Kaufman of Loveland, and Bill Swenson of Longmont --have attended one or both of these meetings. Bill Kaufman has become ven supportive of the passenger rail concept and has talked with Congressman Wayne Allard about the funding needs. Congressman Allard is seeking a time far September 3, 1996 Northern Colorado representatives to testifi, before the Transportation Subcommittee of the House Transportation and Infrastructure Contra ittee sometime in September, 1996 and would like to have as many supportive resolutions as possible front cities and counties in the North Front Range region. Representative Kat finan sent a letter to mayors and county commission chairs last week, including Mayor Ann Azari, asking that the North Front Range cities and counties adopt a resolution supporting the need for a major feasibility stud 'v in the North Front Range transportation corridor (see attached letter and draft resolution). The proposed Resolution has been composed using Representative Kaufinan's model resolution as a guide. The City Council's consideration of this resolution on very short notice is certain1v appreciated. " Transportation Services Director Ron Phillips gave the staff presentation on this item noting State Representative Bill Kaufman requested this resolution and encouraged all municipalities in the front range region to adopt similar resolutions expressing their support for transportation options. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution 96-102. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adjourn into Executive Session to discuss the acquisition of real property and receive legal advice related to an adversarial situation. Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Council adjourned into Executive Session at 8:00 p.m. 12 Adjournment At the conclusion of the Executive Session, the ATTEST: City Clerk 13 September 3, 1996