HomeMy WebLinkAboutMINUTES-08/05/1997-RegularAugust 5, 1997
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, August 5, 1997,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Yeas: Bertschy, Byrne, Kneeland, Smith and Wanner.
Councilmembers Absent: Azari and Mason.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Al Baccili, 520 Galaxy Court, opposed the monthly E-911 charges.
Citizen Participation Follow-up
City Manager John Fischbach responded to statements made by Mr. Baccili. He reported he recently
sent Mr. Baccili letter addressing his concerns.
Agenda Review
City Manager John Fischbach reported Council received Item 98a, Second Reading of Ordinance
No. 113, 1997, Amending Section I of Ordinance No. 51, 1997, and Sections 2-453 and 29-692 of
the Code, Pertaining 10 the Adoption of the Land Use Code, Item #8b Second Reading of Ordinance
No. 114, 1997, Amending Section 3 and Exhibit B of Ordinance No. 161, 1996, Item #30, First
Reading of Ordinance No. 131, 1997 Ratifying and Confirming the Emergency Regulation of the
City Manager Pertaining to the Entry of Premises and the Recovery and Disposition of Items of
Personal Property Damaged or Lost in the Spring Creek Flood, and 3 Other Business items in its
"Read Before the Meeting Folder".
Councilmember Kneeland requested that Item 424, Resohdion 97-109 Making Appointments to
Various Boards and Commissions, be withdrawn from the Consent Agenda.
Councilmember Wanner requested that Item 923, Resohition 97-108 Approving the Stipulated
Determination of Vested Rights Behveen the City and Fox Meadows If, be withdrawn from the
Consent Agenda.
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August S, 1997
The Consent Calendar consists of Item Numbers 7 through 26. 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 will be considered separately under Agenda Item #32, Pulled Consent Items.
7. Consideration and approval of meeflng minutes of . ,
and the adjourned meeting of Februa[y 11 - 1997,
8.a. Second Reading of Ordinance No. 113 1997 Amending Section I of Ordinance No. 51
1997,and Sections 2-453 and 29-692 of the CodePertaining to the Adoption•
Code,Use
When Council adopted the Land Use Code earlier this year, provisions were included in
Ordinance No. 51, 1997, to keep necessary previously adopted land development regulations
in effect for the purpose of reviewing projects that had already received a degree of plan
approval according to criteria established in Ordinance No. 161, 1996, commonly referred
to as the Transition Rules Ordinance.
Ordinance No. 51, 1997 incorrectly referred to those projects that qualified to continue to be
processed under the previously adopted land development regulations as "pending" projects.
This wrongfully implied that all such projects were currently under development review by
the City. Ordinance No. 161, 1996 applies to a broader class of projects, and was
specifically intended to allow these projects a specified time period within which they must
be submitted in order to be reviewed under the previously approved regulations. Ordinance
No. 113, 1997, which was unanimously adopted on First Reading on July 15, 1997 corrects
that oversight by striking the word "pending" from Section l of Ordinance No. 51, 1997.
The remainder of this Ordinance implements other "housekeeping" clarifications to both
Ordinance No. 51, 1997, as well as sections of the Code of the City of Fort Collins,
necessary to clarify and eliminate confusing redundant language relating to the duties of the
Zoning Board of Appeals, and to update the definition of "building permit" contained in the
Code of the City of Fort Collins to be consistent with the definition and use of the term in
the Land Use Code.
Ordinance No. 161, 1996 established an extended time line for the submittal of preliminary
and final Planned Unit Developments (PUD) and subdivision plats under the City's previous
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August 5, 1997
regulations when an approved Overall Development Plan (ODP) had resulted in development
that provided the infrastructure to serve at least 20% of the property in the ODP. Ordinance
No. 114, 1997, which was unanimously adopted on First Reading on July 15, 1997, applies
the same provision to those properties for which a preliminary PUD has received approval
and been developed resulting in the provision of the same amount of infrastructure.
A. Second Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the City Code
So as to Add a New Article Pertaining to Administrative Fees.
B. Second Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City
Code Pertaining to the Sale or Disposition of Real Property.
These Ordinances, which were unanimously adopted on First Reading on July 15, 1997, are
presented to follow-up on a change in the Financial Management Policies that was approved
by the Council on June 17 of this year. Ordinance No. 115, 1997, provides for the amounts
of user fees to be established administratively by the City Manager, subject to certain broad
criteria contained in the Ordinance. Ordinance No. 116, 1997 amends the provisions of the
City Code to clarify that the short-term use of City facilities does not constitute a lease of
those facilities, so that charges for such short-term use may be administratively established.
10. Second Reading of Ordinance No. 11 T 1997. Amendin , Chapter 3 of the City Code Relating
to Alcohol Beverages.
In 1996, the Liquor Enforcement Division of the Colorado Department of Revenue formed
a Liquor Code workgroup, which was asked to formulate recommendations to recodify and
clean up the liquor laws as contained in Articles 46 and 47 of Title 12 of the Colorado
Revised Statutes. The Workgroup was comprised of representatives from local and state
government, the liquor and beer industry, law enforcement, the legal profession, and the
Colorado Municipal League. HB 1076 was introduced at the last legislative session and
passed. The newly recodifred Beer and Liquor Codes take effect July 1, 1997.
Ordinance No. 117, 1997, was unanimously adopted on First Reading on July 15, 1997 and
amends Chapter 3 of the City Code to harmonize the provisions of the City Code with the
provisions of the newly recodified Beer and Liquor Codes. In addition, this Ordinance
includes minor housekeeping amendments.
• • •• • u. _*xrWq9M3V.-
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August S, 1997
A. Second Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves
From the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin
Capital Project.
B. Second Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside
Transmission Line Project to the Summitview Water Line Project.
Ordinance No. 118, 1997, which was unanimously adopted on First Reading on July 15,
1997 appropriates funds for construction of approximately 2,700 feet of grass lined open
channel, a 135 foot slab bridge at State Highway 14 (Mulberry Ave), a siphon to pass the
Cache la Poudre Inlet Ditch under the proposed Dry Creek channel, and a 55 foot slab bridge
at Lincoln Avenue. Landscaping and wetland mitigation are also included in the project.
Ordinance No. 119, 1997, which was also unanimously adopted on First Reading on July 15,
1997 authorizes the transfer of funds from the Westside Transmission Line Project, needed
to install approximately 1200 feet of 24-inch water line at the intersection or Highway 14 and
Timberline.
12. Second Reading of Ordinance No 121, 1997 Dedicating Two Waterline Easements to Fort
Collins -Loveland Water District and Two Sewerline Easements to South Fort Collins
Sanitation District for Huntington Hills PUD 6th Film -
The Fort Collins -Loveland Water District is requesting two waterline easements totaling .278
acre and South Fort Collins Sanitation District is requesting two sewerline easements totaling
.902 acre located along the westerly boundary of the future Fossil Creek Community Park.
These easements are needed to provide increased service to the Huntington Hills PUD 6th
Filing and other developments in the surrounding area.
Staff from Parks Planning and Development and Forestry has approved the easement
location requests from the Districts. These easements have been located on the ground to
minimize disturbance to existing trees and to Fossil Creek Community Park in general.
Ordinance No. 121, 1997, which was unanimously adopted on First Reading on July 15,
1997, authorizes the City Manager to negotiate a payment to the City for the easements,
based upon the fair market value of the property, adjusted to reflect the benefits to be gained
by the City, if any, from the District's improvements.
13. Second Reading of Ordinance No 122, 1997. Making Certain Revisions to the Land Use
Code to Implement Recommendations of the Land Use Code Advisory Committee
Ordinance No. 112, 1997, which was unanimously adopted on First Reading on July 15,
1997, contains a large number of revisions to the Land Use Code. These revisions can be
classified into two groups. The first group consists of changes to the Land Use Code that are
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August 5, 1997
being recommended to Council by the Land Use Code Advisory Committee (LUCAC) as
part of the July Land Use Code clean-up ordinance. The second group of Code changes are
staff recommended "housekeeping" revisions to the Code which were not reviewed by the
LUCAC.
When Council adopted the new Land Use Code earlier this spring, it was widely recognized
that all issues were not resolved and that the Code needed to be viewed as a "living
document", subject to ongoing adjustment and refinement. In the adoption hearings, staff
testified that there would likely be a series of "clean-up" reviews and ordinances coming to
Council within the first year to fix errors, respond to emergent issues and to resolve any
unintended problems created by the Code. The first of these "clean-up" ordinances was
presented to Council on April 15. This Ordinance is the second 'clean-up" ordinance. Staff
expects that a third and final "clean-up" ordinance will likely be required late in 1997.
• • � • • 1 l • • 1 4 � •
The amendments to Ordinance No. 74, 1992, facilitate the refunding of the 1992 bonds and
the substitution of a surety (insurance policy) for the reserve fund for the bonds. In effect,
this allows the Stormwater Utility to release monies held in the reserve fund to be used to
pay for prior bonds or for capital projects and other expenses of the utility.
In 1992, the City of Fort Collins issued $4,335,000 of bonds for the Stormwater Utility. The
bond ordinance provided that the City would maintain a reserve fund for the bonds or acquire
a surety to provide reserves for the bonds. The bond ordinance also authorized changes in
the future to maintain the investors security in the bonds. With the 1997 Stormwater Utility
Refunding and Improvement Bonds, the City finds it beneficial to substitute an surety from
AMBAC insurance company to serve as the reserve fund. Ordinance No. 123, 1997, which
was unanimously adopted on First Reading on July 29, 1997, makes the requisite changes
to the 1992 Bond Ordinance.
15. First Reading of Ordinance No. 120, 1997 Repealing Ordinance No. 63 1997—?Ai
Authorizing the Sale of the Real Property Known as the Johnson STD PrQpgLty LQ K"41-va
and Broad l \/ • • 1
Ordinance No. 120, 1997 authorizes the sale of the Johnson property, a three -acre parcel of
land, to Kaufman and Broad Multi -housing Group, Inc. The Johnson property was acquired
by the City in satisfaction of the City's lien for assessments for a Special Improvement
District. Earlier this year, the Council adopted Ordinance No. 63, 1997, authorizing the sale
of the Johnson property to The Resource Assistance Center ("TRAC"). TRAC will not be
able to close on the property. Therefore, this Ordinance repeals Ordinance No. 63, 1997,
in addition to authorizing the sale of the Johnson property to Kaufman and Broad.
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August S, 1997
16. First Readina of Ordinance No. 124 1997 Appropriating Unanticipated Revenue in th
Capital PrQJects Fund 4 Prior Reserves inthe StreetOversizing and
Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructin
Improvements on South Shields Street Between Horsetooth Road and West Troutman
South Shields Street, from Horsetooth Road to near Troutman Parkway, is planned for
arterial street improvements. These improvements include planted medians, detached
sidewalks, bikelanes, and intersection improvements at Troutman Parkway and Wabash
Street. This project will be a public -private partnership between development and the City.
Approximately 80% of the project is adjacent to developing properties and 20% is adjacent
to County outparcels that have been force annexed into the City. The project is
predominantly funded by the Street Oversizing Program, but includes a Capital Projects
funds component for street improvements adjacent to the outparcels. The Capital Projects
portion of the funds were approved with the passing of the Building Community Choices
program. Staff is requesting funds to be appropriated from the Street Oversizing Fund to the
Capital Projects Fund for the purpose of starting these arterial road improvements in the fall
of 1997.
17. First Reading of Ordinance No. 125, 1997, Appropriating Unanticipated Grant Revenue in
the General Fund for the Archive Access Initiative Project.
This Ordinance appropriates Federal grant money provided under the Library Services and
Construction Act (LSCA) for the City's Archive Access Initiative Project.
18. First Reading of Ordinance No. 126. 1997. Appropriating Unanticipated Grant Revenue in
the General Fund for the Electronic Literacy Connection Project
This Ordinance appropriates State Department of Higher Education grant money for the
Electronic Literacy Connection Project.
This Ordinance appropriates Federal Government grant money provided under the Library
Services and Construction Act for the City's Library Services and Facilities Public Relations
Project.
WERE:1911
.1 1• • • 1 141 \• IMMUMAKTIM16TINFUre• 141 1. •1 :- "(. 1
This Ordinance appropriates $27,000 of unanticipated revenue in the General Fund for the
Clean Air Colorado program. The funds will be used by the Natural Resources
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August 5, 1997
Department to implement air quality education, special projects, and data collection in
support of the Air Quality Action Plan.
21. First • _a •_ of Ordinance No. 129 1997 AmendingOrdinanceNo. • 1996.
• _• 1
the LandmarkRehabilitation, Program.
_
The proposed amendment to Ordinance No. 24, 1996, amends a portion of Section 7 that
requires an application deadline of December. By removing this deadline and authorizing
the City Manager to establish the deadline annually, staff could revise the deadline date to
allow more time for Grant application review.
22. Resolution 97-107 Authorizing the Mayor to Execute a Grant Agreement with the Unite
States Federal Aviation Administration (FAA) Regarding the Rehabilitation of a Portion of
Runway 15/33,
During runway inspection in 1994, the airport staff discovered deterioration of the runway
15/33 pavements. Tests were conducted to determine the extent of the damage and to
develop a repair program for the runway. Airport engineers and airport staff decided that the
project should be completed in two phases. Phase I involved milling off 50' of the damaged
asphalt and repaving down the center of the 100' wide runway. Phase I was completed, with
an FAA Grant, in 1995. Phase II would complete the runway rehabilitation by milling away
and repaving the 25' side sections, or shoulders, of the 100' wide runway.
23. Resolution 97-108 Approving the Stipulated Determination of Vested Rights Between the
City and Fox Meadows II,
Fox Meadows II owns a parcel at the southeast corner of Timberline Road and Horsetooth
Road which obtained master plan approval in 1988 and an amendment to the master plan in
1992. A couple of preliminary planned unit development plans were approved but have
since expired. No final plans were approved. Utility plans were drawn up for the property
and a development agreement was executed whereupon the developer designed, financed and
installed a number of infrastructure improvements for the property including the widening
of Timberline Road and the construction of Big Horn Drive. A retention pond and some
other storm drainage facilities and utility lines, landscaping, street signs and other
infrastructure improvements were also installed at the expense of the developer in the amount
of approximately $400,000. It appears from the perspective of the staff and City Attorney's
office that the applicant incurred substantial expenditures in reliance upon the approval the
utility plans and development agreement by the City. In addition, the applicant dedicated
property to the City for the street rights -of -way and utility easements and utility lines and
infrastructure were sized to accommodate the uses in the approved in the overall
development plan. It also appears that the applicant has been diligent in trying to develop
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August 5, 1997
the property and has presented to the City copies of letters, contracts and other
correspondence showing the efforts that were exerted in marketing the property.
Based upon the evidence presented by the applicant, staff and the City Attorney's office is
persuaded that the Stipulated Determination of Vested Rights is fair, reasonable, and proper
under the circumstances and ought to be approved by the City Council.
This Resolution makes appointments to various boards and commission to fill the remaining
vacancies due to resignations of board members and the expiration of terms of members of
boards and commissions.
At Council's request the application deadline was extended and readvertising occurred for
the Commission on Disability, Commission on the Status of Women and Downtown
Development Authority. Applications received as a result of the readvertisement were
forwarded to Council interview teams and interviews were conducted.
25. Resolution 97-1 10 Amending Resolution 97-67 of the Council of the City of Fort Collins
Adopting Certain Rules of Procedure Governing the Conduct of City Council Meeting
On May 6, 1997, Council passed Resolution 97-67, which adopted a set of rules and
guidelines for conducting business during regular Council meetings as well as Council study
sessions. The Agenda Item Summary for that Resolution, which describes those rules and
guidelines, is included in the agenda materials for this item. Resolution 97-67 limited citizen
comments to three (3), rather than five (5) minutes, during the "Citizen Participation" portion
of the Agenda, as well as comments on any agenda item.
At the City Council Study Session held July 22, 1997, the Council directed staff bring
forward a proposed amendment to Resolution 97-67 that would establish a five (5) minute
limitation for individual citizen input. The proposed Resolution would accomplish that
change, with the provision that the Mayor could shorten the time limit if necessary. The
purpose of the amendment is to afford citizens better opportunity to address items of interest
not scheduled for Council consideration on the agenda of that particular meeting.
�',• - 0- 8 .I• ,
A. Deed of Easement from Oak Farm, Inc., for the purpose of a Temporary Access and
Utility Easement located north of East Harmony Road and east of Timberline Road.
Monetary Consideration: $0.
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August 5, 1997
B. Deed of Easement from Eastrick No. 52 Corporation for a 20 foot wide Drainage
Easement located south of Oakridge Drive and east of Wheaton Drive. Monetary
Consideration: $0.
C. Deed of Easement from Eastrick No. 52 Corporation for a Grading and Slope
Easement located south of Oakridge Drive and east of Wheaton Drive. Monetary
Consideration: $0.
D. Deed of Easement from Eastrick No. 52 Corporation for a Pedestrian, Access, Utility
and Drainage Easement located south of Oakridge Drive and east of Wheaton Drive.
Monetary Consideration: $0.
E. Deed of Easement from Eastrick No. 52 Corporation for a Vehicle Turnaround
Easement located south of Oakridge Drive and east of Wheaton Drive. Monetary
Consideration: $0.
F. Deed for Dedication of Right -of -Way from C. B. Real Estate Investments, LTD., for
Permanent Right -of -Way located on West Horsetooth Road and east of Seneca Street
Monetary Consideration: $0.
G. Deed of Easement from C.B. Real Estate Investments, LTD. for Temporary
Construction Easement and Permanent Storm Sewer Easement located south of West
Horsetooth Road and east of Seneca Street. Monetary Consideration: $0.
H. Deed of Easement from C.B. Real Estate Investments, LTD., for Permanent
Easement located south of West Horsetooth Road and east of Seneca Street
Monetary Consideration: $0.
I. Deed of Easement from Miramont Associates Limited Liability Company for a
Temporary Grading and Drainage Easement located south of West Horsetooth Road
and east of Seneca Street Monetary Consideration: $10.
J. Deed of Easement from Progressive Living Structures, Inc. for a Temporary Grading
and Drainage Easement located south of West Horsetooth Road and west of Seneca
Street Monetary Consideration: $10.
K. Deed of Easement form Eastrick No.52 Corporation for a 20 foot wide Drainage
Easement located south of Innovation Drive and east of McMurry Drive. Monetary
Consideration: $0.
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August 5, 1997
L. Deed of Easement from Everitt Enterprises for a Temporary Turnaround Easement
located south of Oakridge Drive and between South Lemay Avenue and Wheaton
Drive. Monetary Consideration: $10.
M. Deed of Easement from Everitt Enterprises for a Permanent Drainage Easement
located south of Oakridge Drive and between South Lemay Avenue and Wheaton
Drive. Monetary Consideration: $10.
N. Deed of Easement from Everitt Enterprises for a Access and Utility Easement located
south of Oakridge Drive and between South Lemay Avenue and Wheaton Drive.
Monetary Consideration: $10.
O. Deed of Easement from Everitt Enterprises for a Temporary Construction Easement
located South of Oakridge Drive and between South Lemay Avenue and Wheaton
Drive. Monetary Consideration: $10.
P. Deed of Easement from William R. and Sharly D. Haas to create a three phase tie to
increase system reliability located at 3028 South Taft Hill. Monetary Consideration:
$3262.50.
Q. Deed of Easement from Schrader Oil Company to underground existing overhead
electric system located at 429 South Mason. Monetary Consideration: $640.
R. Deed of Easement from 1st National Bank, Editha Todd Leonard Trust and Ralph
Harden to underground existing overhead electric services at 1603 West Mulberry.
Monetary Consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8.b. • 4 • of Ordinance No. 1997Amending4 and
A. Second Reading of Ordinance No. 115, 1997, Amending Chapter 29 of the City Code
So as to Add a New Article Pertaining to Administrative Fees.
B. Second Reading of Ordinance No. 116, 1997, Amending Section 23-114 of the City
Code Pertaining to the Sale or Disposition of Real Property.
10. Second Reading of OrdinanceNo 117- 1997- Amending Chapter 3 of the City Code Relating
toAlcoholBeveraQes,
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August 5, 1997
11. Items l Relating / the DEy Creek Drainage Basin 0 and the Summityiew♦ e 1 4
Proiect in 1• 1 3 /1 1 Ihe TLmberlineExtension l
A. Second Reading of Ordinance No. 118, 1997, Appropriating Prior Year Reserves
From the Storm Drainage Fund for Improvements to the Dry Creek Drainage Basin
Capital Project.
B. Second Reading of Ordinance No. 119, 1997, Transferring Funds from the Westside
Transmission Line Project to the Summitview Water Line Project.
12. Second Reading of Ordinance No. 121. 1997, Dedicating Two Waterline Easements to Fort
Collins -Loveland Water District and Two Sewerline Easements to South Fort Collins
Sanitation District for Huntington Hills PUD 6th Filing,_,
13. Second Reading of Ordinance No. 122. 1997. Making Certain Revisions to the Land Use
Code to Implement Recommendations of the Land Use Code Advisory Committee
14. Second Reading of Ordinance No 123 1997 An Ordinance Amending Ordinance No 74
1992 [The Bond Ordinance for the 1992 Stormwater Bonds],
Items on First Reading were read by title by City Clerk Wanda Krajicek.
15. First Reading of Ordinance No 120, 1997, Repealing Ordinance No 63, 1997 and
Authorizing the Sale of the Real Property Known as the Johnson SID Property to Kaufman
and Broad Multi -housing Group. Inc
16. First Reading_of Ordinance No, 124. 1997. Anorooriating Unanticipated Revenue in the
Capital Projects Fund and Prior Year Reserves in the Street Oversizing Fund and
Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructing
Improvements on South Shields Street Between Horsetooth Road and West Troutman
Parkway,
17. First Reading of Ordinance No 125 1997 Appropriating Unanticipated Grant Revenue in
the General Fund for the Archive Access Initiative Project
18. First Reading of Ordinance No 126 1997 Appropriating Unanticipated Grant Revenue in
the General Fund for the Electronic Literacy Connection Project
19. First Reading of Ordinance No 127 1997 Appropriating Unanticipated Grant Revenue in
the General Fund for the Library Services and Facilities Public Relations Project
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Angus/ S, 1997
20. First Reading of Ordinance No. 198 1997- Appropriating Uunficipated 12.evenue it. tl�i
General Fund for tht Clean Air Colorado Program.
21. First Reading of Ordinance No 129, 1997, Amending Ordinance No 24, 1996, Regarding
the Landmark Rehabilitation Grant Program
29. First Reading of Ordinance No 130, 1997, Calling a Special Municipal Election to Be Held
in Conjunction with the November 4. 1997. General Election
30. First
Reading
of Ordinance
No. 131, 1997 Ratifying and Confirming the Emergency
Regulation
of
the City
Manager Pertaining to the Entry of Premises and the Recovery and
Disposition
of
Items
of Personal Property Damaged or Lost in the Spring Creek Flood,
31. Emergency Ordinance No 132, 1997. Appropriating Prior Year Reserves in the General
Fund for Purposes Related to the Spring Creek Flood Incident
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Bertschy, Byrne,
Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager John Fischbach gave an update of flood recovery efforts and thanked Battalion Chief
Glenn Levy and everyone who had been involved with flood relief for their hard work. He stated
107 of the 116 displaced families have obtained shelter and spoke of measures taken to secure the
area in and around the mobile home park.
Councilmember Reports
Councilmember Byrne thanked everyone their flood relatede efforts.
Councilmember Wanner reported the Finance Committee met and discussed the budget and potential
ballot issues for the upcoming November election.
Councilmember Kneeland stated the Growth Management Committee met with the Larimer County
Commissioners to review interim Urban Growth Area Guidelines. She stated the Overall
Development Committee met and discussed sharing Council Goals with appropriate Boards and
Commissions and requesting feedback from them.
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August 5, 1997
Mayor Pro Tern Smith spoke of a Regional Cities meeting he attended, stating they discussed
duplicating the fiscal and environmental impacts model. He informed the audience that Council
would be reinstating the 5 minute rule for citizen participation by adoption of Item # 25, Resolution
97-110 Amending Resolution 97-67 of the Council of the City of Fort Collins Adopting Certain Rules
of Procedure Governing the Conduct of City Council Meetings, on the Consent Agenda..
Ordinance No. 130, 1997
Calling a Special Municipal Election to Be Held in Conjunction
with the November 4. 1997, General Election. Adopted on First Reading.
The following is staff's memorandum on this item.
"Financial Impact
The estimated cost for conducting the special election in November is $35, 000 to S 15, 000. The
amount varies depending on the number of questions that the City will include and the amount of
space the City measures will consume in the official notice and ballot. The City will pay a
proportionate share of the total election costs.
The City's 1996 revenue exceeded the revenue and spending limits by $955, 000. This money is
subject to refund to taxpayers if not approved for retention or exempted from the limits of Article
X, Section 20.
Executive Summary
The City's annual financial report was completed in May. In the report, the City's Finance
Department determined that the total revenues subject to the revenue and expenditure limits of
Article X, Section 20, received by the City were over the limit by 5955, 000. The situation has been
presented to the Council Finance Committee for their recommendation. In July, the Committee
recommended that the City place a ballot measure before the voters in November of 1997. The
measure will either allow the City to keep and spend the 1996 revenues that were over the limit or
exempt the Cityfrom the revenue and spending limits imposed by Article X, Section 20.
A resolution adopting the full text of the ballot question to be submitted to the voters will be
presented to the Council for its consideration at the September 2, 1997 Council meeting.
The City must enter into an intergovernmental agreement with Larimer Countyfor the conduct of
the election no later than September 5, and the City Clerk must certify the ballot content for the
special election by September 9. This ordinance authorizes both of these actions. "
City Clerk Wanda Krajicek gave a brief staff presentation on this item
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August 5, 1997
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 130, 1997 on First Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Smith and
Wanner. Nays: None.
Ordinance No. 131, 1997
Ratifying and Confirming the Emergency Regulation of
the City Manager Pertaining to the Entry of Premises and
the Recovery and Disposition of Items of Personal Property Damaged or
Lost in the Spring Creek Flood. Adol2ted as Amended on First Reading
The following is staff memorandum on this item.
"Executive Summary
On July 29, 1997, at the continuation of one of its regular meetings, the City Council confirmed by
motion an emergency regulation established by the City Manager pertaining to the entry of premises
and the recovery and disposition of items of personal property damaged or lost in the Spring Creek
Flood. Because portions of the emergency regulation have been amended, the City Attorney
recommends that the Council ratify its confirmation of the emergency regulation by ordinance.
BACKGROUND:
On July 28 and 29, 1997, portions of the City were severely damaged, and five lives were lost during
the course of the flooding of Spring Creek. In order to manage the emergency operations dealing
with the flood, the City Manager declared a state of local emergency, pursuant to the provisions of
Sections 2-671 of the City Code. various items of personal property were recovered by City
personnel during clean up activities after the flood. Additionally, mobile homes, motor vehicles,
business establishments and residences were destroyed or severely damaged during the course of
the flood.
In order to protect the safety of the residents and occupants of the damaged buildings, and to
establish an orderly procedure for the recovery of items of personal property, the City Manager
established an emergency regulation pursuant to the provisions of Sections 2-671(a)(6)a. of the City
Code. That regulation was established by the City Manager immediately prior to the continuation
of a regular meeting of the City Council on July 29, 1997. As required by the City Code, the
emergency regulation was presented to the City Council and was confirmed by majority vote of its
members.
The emergency regulation has been: amended since it was initially established. The purpose of the
first amendment was to establish a point in time when Police Services will no longer be responsible
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August 5, 1997
for attempting to secure the mobile homes and other properties damaged by the flood This point
in time will be when the City Manager terminates the slate of local emergency. The purpose of the
second amendment was to stale that persons owning or occupying mobile homes or other property
damaged by the flood will be permitted to re-enter those properties under either of two
circumstances: (1) when, in the judgment of the Emergency Management Coordinator, the
properties can be safely entered and occupied, or (2) upon the execution of a release agreement
acceptable to the City.
Because of these amendments, the City Attorney has recommended that the Council's confirmation
of the emergency regulation he ratified by adoption of the proposed ordinance."
City Attorney Steve Roy explained the procedure for Emergency Regulations.
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 131,.1997. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
Emergency Ordinance No. 132, 1997
Appropriating Prior Year Reserves in the General Fund
for Purposes Related to the Spring Creek Flood incident. Adopted.
The following is staff's memorandum on this item.
"Financial Impact
The City maintains an emergency reserve account within the general fund to meet the requirements
of Article X, Section 20. At the end of 1996, the account held 52,681,432. This appropriation
authorizes expenditure of the account for purposes relating to the flood of Spring Creek. These
purposes include, but are not limited to, repair of streets and bridges, removal of debris, emergency
personnel overtime, and shelter and feeding of dislocated persons and staff.
Executive Sumnnary
Oil the evening of Judy 28, the City and the Poudre Fire Authority responded to flooding on the
Spring Creek drainage way. Several emergency situations developed throughout Fort Collins
requiring overtime hours to be work by PFA and City staff and a number of expenditures to respond
to the damage caused by the flooding. This Ordinance appropriates 52,500, 000 of the City's prior
year emergency reserves to meet the costs of the incident. The City is required by the provisions of
Article X, Section 20 to rebuild the reserve levels to 3% of annual governmental revenue. "
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August S, 1997
Director of Purchasing Jim O'Neill outlined the purpose of the Ordinance.
City Manager John Fischbach clarified these funds are required to be repaid within a one-year period
and stated it has not been determined how repayment will occur, clarifying it would be decided
during the budget process.
Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Emergency
Ordinance No. 132, 1997. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Smith and Wanner.
Nays: None.
f1Y:1MyEel 11forkiri7Rwoffli "D
Resolution 97-109
Making Appointments to Various Boards and Commissions, Adopted,
The following is staffs memorandum on this item.
Executive Sumnia
This Resolution makes appointments to various boards and commission to fill the remaining
vacancies due to resignations of board members and the expiration of terms of members of boards
and commissions.
At Council's request the application deadline was extended and readvertising occurred for the
Commission on Disability, Commission on the Status of Women and Downtown Development
Authority. Applications received as a result of the readvertisement were forwarded to Council
interview teams and interviews were conducted.
Names of those individuals recommended for appointment by each Council interview team have been
inserted in the Resolution. Recommendations for the Commission on the Status of Women are
expected to be inserted at the meeting. Applications for the recommended appointments are
attached for the benefit of the entire Council."
Councilmember Kneeland made a motion, seconded by Councilmember Bertschy, to adopt
Resolution 97-109 inserting the names of Beth Ann Fitzgerald and Ruth Ann Weatherford to serve
on the Commission on the Status of Women. Yeas: Councilmembers Bertschy, Byrne, Kneeland,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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August S, 1997
Resolution 97-108
Approving the Stipulated Determination of Vested
)[tights Between the City and Fox Meadows II Adopted as Amended
The following is staffs memorandum on this item.
"Executive SumnarX
Ordinance No. 161, 1996, established certain rules for transitioning from the Land Development
Guidance System into the proposed new Land Use Code. When Ordinance No. 161, 1996, was
passed by the Council, it included a vested rights determination procedure in order to prevent
manifest injustice in cases where the application of the transition rules would work an undue
hardship. Vested rights determinations were lobe allowed where:
1. Some authorized act had been performed by the City;
2. There had been reasonable good faith reliance upon such act by the applicant; and
3. There had been a substantial change in position or expenditure by the applicant such that
it would be highly inequitable and unjust to destroy the rights acquired.
Fox Meadows IT owns a parcel at the southeast corner of Timberline Road and Horsetooth Road
which obtained master plan approval in 1988 and an amendment to the master plan in 1990. A
couple of preliminary planned visit development plans ivere approved bud have since expired. No
final plans were approved. Utility plans were di-mvn i p for the property and a development
agreement was executed whereupon the developer designed, financed and installed a number of
infrastructure improvements for the property including the widening of Timberline Road and the
construction of Big Horn Drive. A retention pond and some other storm drainage facilities and
utility lines, landscaping, street signs and other infrastructure improvements were also installed at
the expense of the developer in the amount of approximately $400,000. It appears from the
perspective of the staff and City Attorney's office that the applicant incurred substantial
expenditures in reliance upon the approval the utility plans and development agreement by the City.
In addition, the applicant dedicated property to the City for the street rights -of -way and utility
easements and utility lines and infrastructure were sized to accommodate the uses in the approved
overall development plan. It also appears that the applicant has been diligent in trying to develop
the property and has presented to the City copies of letters, contracts and other correspondence
showing the efforts that were exerted in marketing the property.
Based upon the evidence presented by the applicant, staff and the CityAttorney's office is persuaded
that the Stipulated Determination of Vested Rights attached to the proposed Resohition as Exhibit
A " is fair, reasonable, and proper under the circumstances and ought to be approved by the City
Council. "
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August 5, 1997
Councilmember Wanner reported this was the first determination made under the transition rules and
spoke of the need to review the criteria.
Assistant City Attorney Paul Eckman explained the criteria for filing for determination of vested
rights and of the reasons for bringing it to Council. He clarified there is a 3-year time limit for
vested rights determination and extension are not allowed at the staff level.
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 97-108.
Lucia Liley, attorney representing the property owner, thanked Council for hearing this item and
stated she was pleased with the process.
Councilmember Wanner stated he did not want these issues to be placed on the Consent Agenda in
the future.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Smith and Wanner. Nays: None.
Other Business
Items Relating to the 1997
Spring Creek Flood, Adopted,
The following is staff's memorandum on this item.
"E.reentive Sunnam
A. First Reading of Ordinance No. 133, 1997 Amending the Code of the City of Fort Collins
to Establish that the Building Review Board Shall Serve as the Board of Appeals for the
Administration of the Uniform Code for the Abatement of Dangerous Buildings.
B. Resohtion 97-112 Approving the Expendinures of City Funds for the Removal and Disposal
of Personal Property Damaged During the Spring Creek Flood.
C. Resolution 97-113 Authorizing the Establishment of an Administration Hearing Process for
Reviewing Claims Related of Property Owners Related to the Spring Creek Flood.
These items are being presented for Council's consideration in the aftermath of the Spring Creek
Flood. Ordinance No. 133, 1997 amends Section 205 of the Uniform Code for the Abatement of
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August 5, 1997
Dangerous Buildings arnd Section 2-117 of the City Code to provide that the Building Review Board
shall serve as the Board of Appeals to assist in the administration of the Uniform Code for the
Abatement of Dangerous Buildings. The Board's function would be 10 make final interpretations
of the interpretations of the Code and to hear appeals provided for thereunder. Resolution 97-112
approves the expenditure of City ftmds for the removal and disposal of personal property damaged
during the food. Resolution 97-113 authorizes the establishment of a process for reviewing the
claims of properly owners who allege that items of personal property were improperly destroyed by
City employees or agents during emergency operations related to the flood. The City Manager and
City Attorney recommend adoption of the Ordinance oil First Reading and both Resolutions.
sIifK1 11W")
These three items being presented for Council's consideration deal with various aspects of the
emergency operations related to the Spring Creek Flood Ordinance No. 133, 1997 makes certain
amendments to the City Code and the Uniform Code for the Ahatement of Dangerous Buildings to
provide for the City's Building Review Board to serve as members as a Board of Appeals for the
administration of the Uniform Code for the Abatement of Dangerous Buildings. This Code would
be utilized, if necessary, to remove buildings and struclnmes so severely damaged by the flood as to
render then? dangerous to the puhlic. The Code has beer) adopted by reference and incorporated
into the City Code for use in this kind of silnralionn. The Code establishes a Board of Appeals which
is to consist of five members who are not employees of the City. The Board provides final
interpretations of the provisions of the Code and hears appeals provided for thereunder. Staff is
recommending that the Code he amended to provide that the entire membership of the City's
Building Review Board serve as the Board of Appeals. Under the provisions of the Code, the
Director of Building and Zoning is to serve as an ex-offncio n?ember and as the secretary to the
Board
Resolution 97-112 approves the expenditure of Cily funds for the removal and disposal of items of
personal property damaged during the flood. During emergency operations, several motor homes,
vehicles, furniture, appliances and other items of personal property were removed cis part of the
emergency operations because of the risk of additional flooding and so as to facilitate the location)
of food victims. Now that emergency operations have ceased, there will be an ongoing need to
remove structures that are not salvageable. As an alternative to proceeding under the provisions
of the above -referenced Code, the City Manager has authorized a process whereby the owners of
such property can consent to the removal of their property, at City expense. Because the ongoing
presence of such structures can present a significant threat to the health and safety of the public, the
City Manager believes that the expenditure of City funds for this purpose is in the best interests of
the City The purpose of this Resohution is to seek Council approval for this removal program. It
is anticipated that this program will be attractive to many of the owners of property that is not
salvageable because of the cost of removal would be borne by the City and it would be, more
expeditious than the process established tinder the Code. In implementing this program, every
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August S, 1997
attempt will be made to insure that all the parties have a legal or equitable interest in the property
to be remove consent to such removal before it is undertaken by the City.
Resolution 97-113 would establish an administrative hearing process for the review of claims filed
with the City in which the claimants are seeking compensation for the removal and/or destruction
of personal property during emergency operations. The process utilizes the procedure under the
Governmental Immunity Act wherehy a claimant must file a claim with the City within one hundred
eighty (180) days of the date that he or she discovers any in jury allegedly caused by actions of the
City or its employees or agents. The administrative hearing process would not be construed as
prohibiting the City's Director of Purchasing and Risk Management from attempting to negotiate
and settle any such claims. Instead, it would supplement the provisions of the Governmental
Immunity Act and the City's normal process for reviewing such claims by adding all additional
opportunity for claimants to present their case to cnn administrative hearing officer as an alternative
to pursuing litigation if they are not satisfied with the City's initial response to the claim. "
City Manager John Fischbach gave a staff presentation on this item.
City Attorney Steve Roy stated there were two processes in the Code which allows the City to
remove unsafe rubble and proceed with the abatement of dangerous buildings.
City Manager John Fischbach spoke of the process for removal of property and clarified there would
be ajoint effort between the City and private contractors. He spoke of the Building Review Board's
responsibility if resistance were to occur from residents.
City Attorney Steve Roy clarified the removal would include dwellings, furnishings, motor vehicles,
etc.
Councilmember Kneeland made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 133, 1997 on First Reading.
Councilmember Kneeland stated the Building Review Board should be contacted regarding its
availability and requested information regarding appealing decisions to Council.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Resolution
97-112.
W,
August 5, 1997
Councilmember Bertschy expressed concerns regarding funding and of the importance of informing
Council on costs being incurred.
City Attorney Steve Roy suggested adding an additional section to the Ordinance to read as follows:
That nothing ira the Resolution would he construed as limiting the City's ability to proceed under
either of the Code provisions that are referred to earlier. "
Councilmember's Byrne and Wanner accepted the amendment as friendly.
The vote on Councilmember Byme's motion to adopt Resolution 97-112 as amended was as follows:
Yeas: Councilmembers Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Resolution
97-113. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Byrne, to appoint
Councilmember Kneeland as acting Mayor until August 10.
Mayor Pro Tern Smith spoke of the reasons for appointing Councilmember Kneeland as acting
Mayor in the absense of both Mayor Azari and Mayor Pro Tern Smith.
The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 7:20 p.m. —�
ATTEST:
City Clerk Q,
Mayor Pr r',,
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