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HomeMy WebLinkAboutMINUTES-05/06/1997-RegularMay 6, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. An regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 6, 1997, 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: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Councilmembers Absent: Bertschy. Staff Members Present: Fischbach, Krajicek, Roy. Agenda Review City Manager John Fischbach requested that Item 419, Resolution 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision, be postponed until the May 20, 1997 meeting. He reported that Council received a revised copy of Items 916, Items Relating to Fort Fund Guidelines, and Item #17, Items Relating to Rules and Guidelines Governing Council Meetings, in its "Read Before the Meeting" packets. ***CONSENT CALENDAR*** The Consent Calendar consists of Item Numbers 7 through 20. 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 #22, Public Pulled Consent Items. Items pulled from the Consent Calendar by staff or Councilmembers may be considered separately under Agenda Item #26, Council/Staff Pulled Consent Items. 7. Second Reading of Ordinance No 64, 1997, Making Certain Minor Revisions to the Land Use Code. The Fort Collins Land Use Code was adopted on Second Reading on March 18. At that meeting, Council, staff, and members of CPAC all stressed that the Code needed to be viewed as a "living document", and acknowledged that the Code would require periodic revisions to both correct errors or omissions in the document and to refine the regulations within the Code to resolve issues. 390 May 6, 1997 Ordinance No. 64, 1997, which was unanimously adopted on First Reading, is the first step in that process of ongoing revisions to the Code to address problems or issues. 8. Second Reading of Ordinance No. 65, 1997, Appropriating Unanticipated Revenue in the Capital Projects Fund for Restoration Work at the Old Colorado and Southern Freight Depot and Annie's Grave Site Located at 136 West LaPorte Avenue. On May 14, 1996, the Colorado Historical Society awarded the City of Fort Collins a grant to complete historical renovation work for the Colorado and Southern Railroad Freight Depot and Annie's grave site. Ordinance No. 65, 1997 was unanimously adopted on First Reading on April 15, 1997. 9. Second Reading of Ordinance No. 67. 1997. Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Eastside/Westside Neighborhoods Survey Grant. Accepting this grant enables the Fort Collins Advance Planning Department to conduct an architectural survey of approximately 5,500 buildings. The initial survey will be followed by a more intensive -level survey of 300 selected buildings and the preparation of nominations for one or two potential National Register or Local Landmark districts. This two-year 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 Grant Program. In addition it will lay the ground work for future district designations, if any, following the adoption of a district designation process. Ordinance No. 67, 1997 was unanimously adopted on First Reading on April 15, 1997. 10. First Reading of Ordinance No. 68, 1997, Amendine Section 5-27 of the City Code Regarding Building Fee Permits. The proposed Ordinance amends the current "Building Permit Fee" table in the Building Code. If the Ordinance is adopted, a $75 reduction in the building permit fee for a new home will be granted to those builders who utilize performance -based, total building energy systems analysis rather than the conventional, "prescriptive" list of mandated minimum specifications to demonstrate that their proposed new home complies with the City's Residential Energy Code. The systems analysis path is a comprehensive evaluation tool that offers the most flexibility through the use of a computer program. This method results in a home energy -efficiency "rating" with an assigned number between 1 and 100 as determined by an independent qualified technician. Unlike the prescriptive method, systems analysis offers variability and "trade-offs" among all the energy -related components that go into new 391 May 6, 1997 construction, provided the end product uses no more energy than the identical home built using the conventional energy standards. 11. First Reading of Ordinance No. 69, 1997, Amending Sections 26-118(c) and 26-277(c) of the City Code Relating to Payments In Lieu Of Taxes (PILOT) for the Water and Wastewater Utilities. On November 5, 1996, City Council adopted Ordinance No. 137, 1996, increasing the percentage of Water Fund and Wastewater Fund operating revenues paid into the City's General Fund in lieu of the payment of taxes. Although Ordinance No. 137 increased payments in lieu of taxes (PILOT) from 5.0 percent to 6.0 percent as of January 1, 1997, the sections of the City Code that establish user rates were not revised to take into account this increase. 12. First Reading of Ordinance No. 70, 1997, Appropriating Prior Year Reserves in the General Fund. Lodging tax receipts for 1996 were estimated at $393,188 while the actual receipts totaled $427,714. The 1997 budget appropriated the estimated 1996 receipts of $393,188. The additional 1996 lodging tax receipts in the amount of $34,526 have not been appropriated. In accordance with Ordinance No. 127, 1989, 75% of the total receipts are to be used for the promotion of convention and visitor activities, and 25% for cultural development and programming (CDP) activities. Resolution 95-177 sets the City's 1997 contribution to the Convention and Visitors Bureau (CVB) at $250,000 with a budget increase not to exceed the prevailing rate of inflation as established by the Denver -Boulder Consumer Price Index. 13. First Reading of Ordinance No 71 1997 Appropriating Unanticipated Revenue in the General Fund Related to the Implementation of the 1996 Energy Code Revisions, This Ordinance appropriates $10,000 of unanticipated revenue in the General Fund for contractor and staff training on the Fort Collins Residential Energy Code funded by a US Department of Energy grant. 14. First Reading of Ordinance No 72, 1997 Exchanging_ Property with the City of Greeley to Partition Ownership of the Rockwell Ranch. On February 20, 1996, the City Council adopted Resolution 96-26 which directed the staff to pursue a land exchange with the United States Forest Service (USFS), utilizing the USFS's administrative process. The purpose of the land exchange was to secure City ownership of the land under and around Joe Wright Reservoir. The land exchange involves trading a portion of the Rockwell Ranch properties (jointly owned by the City of Fort Collins 392 May 6, 1997 and the City of Greeley) to the USFS in exchange for the land located under and around the reservoir. 15. First Reading of Ordinance No. 73, 1997, Dedicating .76 Acres of Land as a Public Highway and 11 Acres for a Non -Exclusive Utility Easement to Public Service for Improvements to County Road 42C. Larimer County's Short Range Highway Improvements Program includes plans for reconstruction, overlay and widening of a .56 mile segment of County Road 42C, adjacent to the Pineridge Open Space area. This alignment requires the dedication of approximately .76 acres of additional right-of-way and approximately .I I acres for relocation of a Public Service utility access easement. All disturbed areas will be hydroseeded by the County. CLRS has reviewed and approved the project. The work is currently scheduled to take place in July and August 1997. 16. Items Relating to Fort Fund Guidelines. A. First Reading of Ordinance No. 74, 1997 Amending Section 2-203 of the City Code to Authorize the Cultural Resources Board to Make Recommendations for Distribution of Certain Tourism Funds. The Cultural Resources Board (the "Board") is authorized by the City Code to review proposals for funding from the Cultural Programming Account and to submit recommendations to the City Council regarding such proposals for approval. The additional revenues for tourist related special events are not in the Cultural Programming Account because they are generated from the portion of the lodging tax that is designated for the promotion of convention and visitor activities. These funds are deposited in the Tourism Programming Account. This Ordinance simply amends Section 2-203 of the City Code to authorize the Board to review proposals for funding from the Tourism Programming Account, following the Fort Fund Guidelines, and to submit recommendations regarding the proposals to the Council for approval. B. Resolution 97-60 Adopting the Recommendations of the Cultural Resources Board to Modify the Fort Fund Guidelines and Authorizing the City Manager to Make Future Amendments to Said Guidelines. This Resolution revises the guidelines and application forms to be used for grant requests from the City's Cultural Development and Programming Account (Fort Fund). These revisions are necessary to properly distribute additional lodging tax revenues being disbursed to the Account for the support of events that draw visitors to the Fort Collins area. 393 May 6, 1997 17. Items Relating to Rules and Guidelines Governing Council Meetinps. A. First Reading of Ordinance No. 75, 1997, Amending Section 2-28 of the City Code Pertaining to the Scheduling of Regular Meetings of the City Council. B. Resolution 97-67 Adopting Certain Rules of Procedure Governing the Conduct of City Council Meetings. At the City Council Retreat on Saturday, April 19, 1997 Council members Bill Bertschy and Chuck Wanner accepted the charge to develop and submit a recommendation to City Council regarding a set of rules and guidelines for conducting business during regular Council meetings as well as Council study sessions. Preliminary recommendations were presented to Council members at the April 22 study session. Based on the discussion, a revised set of recommendations was prepared and discussed at a special work session on April 29. 18. Resolution 97-61 Extending the Deadline for Reimbursing the Stormwater Fund for the Purchase of the Old Colorado and Southern Freight Depot Site. On December 20, 1994 Council adopted Resolution 94-211 which authorized the City to purchase the Old Colorado and Southern Freight Depot (the "Depot") site located at 136 West LaPorte Avenue. Stormwater funds in the amount of $690,000 were used to purchase the Depot site with the intent to restore the building and utilize it for office space for the Stormwater Utility. In 1996 the City administration decided the Stormwater Utility would relocate to the Utility Service Center at 700 Wood Street, rather than use the Depot for Stormwater office space. Resolution 94-211 also stated that the Stormwater Fund would be reimbursed by January 31, 1997 for the cost, including interest, of acquiring any portion of the property which, according to the then current plans for the property, will not be used for Storm Drainage purposes. This Resolution extends the reimbursement deadline to December 31, 1997. 19. Resolution 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision. This is a waiver request by the developer of the Aurora Hills Subdivision to exempt the project from the off -site street improvement requirements of the Intergovernmental Agreement (IGA). The proposed Aurora Hills Subdivision consists of 32 dwelling units on 7.5 acres, located west of College Avenue, east of Constellation Drive, south of Skyway Drive, and north of Trilby Road in unincorporated Latimer County. The request for the waiver from the public street capacity phasing criteria requirement is not justified under the terms of the Intergovemmental Agreement with Latimer County for the Fort Collins Urban Growth Area. 394 May 6, 1997 20. Resolution 97-63 Amending Resolution 97-33 and Authorizing Acquisition by Eminent Domain Proceedings of Certain Additional Land Necessary for the Construction of the Timberline Road Improvement Project. The construction of a Choices 95 transportation project -- the Timberline Road Improvement Project -- is currently scheduled to start by September 1997 and be completed by fall of 1998. Staff currently anticipates that construction of the proposed improvements will require the acquisition of additional permanent ROW and/or temporary construction easements from 21 properties. Staff has initiated the ROW acquisition process -- discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for the required ROW. Staff will continue good faith negotiations and expects that most, if not all, of the negotiations will be successful. 21. Resolution 97-64 Endorsing the Federal "National Economic Crossroads Transportation Efficiency Act" (NEXTEA). ISTEA will expire on September 30, 1997 and NEXTEA is the Administration's proposal to replace and continue the programs and funding for national transportation needs for the next six federal fiscal years beginning October 1, 1997. The NEXTEA bill would continue flexible funding of transportation needs, increase Congestion Management and Air Quality program funding, maintain the 10% enhancement set aside from the Surface Transportation Program, and increase funding for Metropolitan Planning. 22. Routine Deeds and Easements. A. Deed of Easement from English Ranch South LLC and Spring Creek Farms LLC for the purpose of permanent utility and drainage, located north of Harmony Road and west of County Road 9. Monetary consideration : $0. B. Deed of Easement from Front Range Baptist Church for the purpose of permanent drainage, access, and utility, located south of Harmony Road and west of Lemay Avenue. Monetary consideration: $10. C. Deed of Easement from Columbine Convenience Stores LLC for the purpose of permanent utility and pedestrian access, located at the southwest corner of College Avenue and Willox Lane. Monetary consideration:$10. D. Deed of Easement from CSU Research Foundation for permanent drainage, located north of Drake Road and east of Shields Street. Monetary consideration: $0. E. Deed of Easement from CSU Research Foundation for temporary emergency access and turnaround, located north of Drake Road and east of Shields Street. Monetary consideration: $0. 395 May 6, 1997 F. Deed of Easement from CSU Research Foundation for permanent utilities, located north of Drake Road and east of Shields Street. Monetary consideration: $0. G. Deed of Easement from D. Jensen Enterprises for the purpose of temporary vehicle turn -around, located east of Shields Street and south of Trilby Road. Monetary consideration: $10. H. Deed of Easement from D. Jensen Enterprises for the purpose of temporary emergency access, located east of Shields Street and south of Trilby Road. Monetary consideration: $10. I. Deed of Easement from D. Jensen Enterprises for the purpose of temporary vehicle turnaround, located east of Shields Street and south of Trilby Road. Monetary consideration: $10. J. Deed of Easement from D. Jensen Enterprises for the purpose of temporary grading and drainage, located east of Shields Street and south of Trilby Road. Monetary consideration: $10. K. Deed of Easement from D. Jensen Enterprises for the purpose of permanent utility, located east of Shields Street and south of Trilby Road. Monetary consideration: $10. L. Deed of Easement from Southland Corporation to underground existing overhead electric system, located at 505 South Shields. Monetary consideration: $840.00. M. Deed of Easement from Clifford and Leah Buchholz for the purpose of permanent detention, located east of College Avenue and south of Willox Lane. Monetary consideration: $10. N. Deed of Easement from Oak Farm, Inc., for the purpose of temporary drainage, located at the northeast corner of Harmony Road and Timberline Road. Monetary consideration: $10. O. Deed of Easement from Oak Farm, Inc., for the purpose of permanent utility, drainage, and access, located at the northeast corner of Harmony Road and Timberline Road. Monetary consideration: $10. P. Deed of Easement from Bettie C. Hervey, a/k/a Bettie C. Wilcox, to install electric oval vault to underground existing overhead electric services, located at 1120 West Myrtle. Monetary consideration: $10. 396 May 6, 1997 Q. Deed of Easement from F C Timberline Development, LLC for a 10-foot permanent easement dedication for the Harmony Transmission Main IV waterline, located by Harmony Town Centre PUD. Monetary consideration: $10. R. Deed of Easement from David and Susan Baglee, to install oval vault to underground existing overhead electric system, located at 418 Riddle Drive. Monetary consideration: $80. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 64, 1997, Making Certain Minor Revisions to the Land Use Code. Second Reading of Ordinance No. 65, 1997, Appropriating Unanticipated Revenue in the Capital Projects Fund for Restoration Work at the Old Colorado and Southern Freight Depot and Annie's Grave Site Located at 136 West LaPorte Avenue. 9. Second Reading of Ordinance No. 67, 1997, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Eastside/Westside Neighborhoods Survey Grant. Items on First Reading were read by title by City Clerk Wanda Krajicek. 10. First Reading of Ordinance No. 68, 1997, Amending Section 5-27 of the City Code Re ag rding Building Fee Permits. 11. First Reading of Ordinance No. 69, 1997, Amending Sections 26-118(c) and 26-277(c) of the City Code Relating to Payments In Lieu Of Taxes (PILOT) for the Water and Wastewater Utilities. 12. First Reading of Ordinance No. 70, 1997, Appropriating Prior Year Reserves in the General Fund. 13. First Reading of Ordinance No. 71, 1997, Appropriating Unanticipated Revenue in the General Fund Related to the Implementation of the 1996 Energy Code Revisions. 14. First Reading of Ordinance No. 72, 1997. Exchanging Property with the City of Greeley to Partition Ownership of the Rockwell Ranch. 15. First Reading of Ordinance No. 73, 1997. Dedicating .76 Acres of Land as a Public Highwav and .I I Acres for a Non -Exclusive Utility Easement to Public Service for Improvements to County Road 42C. 397 May 6, 1997 16. First Reading of Ordinance No. 74. 1997 Amending Section 2-203 of the City ode to Authorize the Cultural Resources Board to Make Recommendations for Distribution of Certain Tourism Funds, 17. First Reading of Ordinance No. 75, 1997, Amending Section 2-28 of the City Code Pertaining to the Scheduling of Regular Meetings of the City Council Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Reports Mayor Azari reported on both the Building Civic Democracy and the Federal Geography Committee meetings recently attended. She reported she was going to be giving a presentation on the City's Geographic Information System (GIS) and how it was used in the development of the City Plan. Councilmember Kneeland commented on the recent celebration of the Raul Wallenberg commemorative stamp. Councilmember Byrne reported on a meeting held with Congregation for Building Communities, commenting youth issues were the main focus of discussion. Councilmember Smith reported the Metropolitan Planning Organization meet and revisited the goals and objectives of the Regional Plan. He commented that the Berthoud Bypass was a major topic for discussion and reported on the estimated cost of the project. He stated during the Other Business portion of the meeting Council would need to select a temporary chair for the upcoming May 1 3 Adjourned Meeting since both he and Mayor Azari would not be in attendance. Councilmember Wanner gave a brief outline of the proposed format changes to Council meetings, reporting meetings would begin % hour earlier and that each speaker during Citizen Participation would be limited to 3 minutes. Councilmember Smith made a motion, seconded by Councilmember Kneeland to adopt Resolution 97-65 inserting the names of the Councilmembers selected to fill the Board and Commission liaison assignments and committee appointments. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. as-] May 6, 1997 Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-66 inserting the name of Mayor Azari. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Other Business Councilmember Wanner volunteered to chair the Adjourned Meeting of May 13 in the absence of Mayor Azari and Mayor Pro Tern Smith. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to appoint Councilmember Wanner as temporary Chair for the May 13 Adjourned Meeting. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Wanner to adjourn the meeting to May 13, 1997 at 6:30 p.m. Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 7:35 p.m. ATTEST: Adjournment 399