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HomeMy WebLinkAboutMINUTES-08/19/1997-SpecialAugust 19, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Special Meeting - 8:30 a.m. A special meeting of the Board of Directors of the Stormwater Utility Enterprise was held on Tuesday, August 19, 1997, at 8:30 a.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Boardmembers: Azari, Kneeland, Mason, Smith and Wanner. Boardmember's Absent: Bertschy and Byrne. Staff Members Present: Fischbach, Roy, Krajicek. Ordinance No. 3 Authorizing the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Refunding and Improvement Bonds, Series 1997, Dated August 1, 1997, in the Aggregate Principle Amount of S 9 465 000 and Declaring an Emergency, Adopted The following is staff s memorandum on this item. "Executive Sumntnry On July 1, 1997, the City Council, sitting as the Board of the City of Fort Collins, Colorado Stormwater Utility Enterprise, adopted, on First Reading, Ordinance No. 2 authorizing the issuance ofstorm drainage revenue refunding and improvement bonds in the aggregate principal amount of $9, 400, 000. This same Ordinance was passed on Second Reading by the Councilositting as the Board of the Stormwater Utility Enterprise, on August 5, 1997. A copy of the`Agen'da Item Summary which was presented to the Council on July 1, 1997, is attached for your information. Following first reading of the Ordinance, the City Clerkforwarded it to the Fort Collins Coloradoan for publication, however, the Coloradoan failed to publish the Ordinance as required by the Charter. A bond closing has been scheduled for the morning of August 19, 1997, and the closing must be held before 11: 00 a.m. if it is to be held at all. For this reason, the City has been placed in the position such that an emergency exists sufficient to justify passage of an emergency bond ordinance. Article II, Sections 6 and 7 contains provisions regarding the passage of emergency ordinances. In these Sections, the Charter authorizes the passage of emergency ordinances at special meetings, as well as regular meetings. The passage ofan emergency ordinance requires the affirmative vote of at least five (5) members of the Council. The ordinance must contain the specific 57 August 19, 1997 nature of the emergency. No prior publication of an emergency ordinance is needed and it takes effect immediate upon passage. The Charter also requires that the ordinance be published within seven (7) days after passage. " City Attorney Steve Roy gave a brief explanation why this items was being reconsidered as an Emergency Ordinance Director of Finance Alan Krcmarik gave a staff presentation on the purpose of the bonds and responded to Council questions. City Attorney Steve Roy read Section "N", Page 72 of the Ordinance into the record. Boardmember Smith made a motion, seconded by Boardmember Kneeland, to adopt Ordinance No. 3. Yeas: Boardmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:40 a.m. ATTEST: City Clerk, Ex-officio Seci ary Adjournment 58 August 19, 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 19, 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: Azari, Kneeland, Mason, Smith and Wanner. Councilmember's Absent: Bertschy and Byrne. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Gary Vette, 1625 West Elizabeth #B-4, read a letter from Woodbox Condo Association expressing concerns regarding stormwater mitigation measures. Kelly Ohlson, 2040 Bennington Circle, spoke of the need for trash truck districting, commenting on damage caused by the trucks on the infrastructure. He urged Council to allocate funds for implementation of districting. Citizen Participation Follow-up Councilmember Kneeland responded to comments made by Mr. Vette stating that mitigation efforts have already begun. Councilmember Mason requested information on the status of trash districting. City Attorney Steve Roy clarified Council would be receiving a memo regarding legal issues involved. City Manager John Fischbach stated that Item #7, Second 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, and Item 920 Items Relating to Overland Valley P.U.D., have been postponed to September 2, 1997. He reported Council received a new Ordinance for Item 423, First Reading of Ordinance No. 135, 1997, wt August 19, 1997 Amending Chapter 26 of the City Code Concerning the Mandatory Installation of Water Meters for Residential Water Services, in its "Read Before the Meeting" folder. Al Baccili, 520 Galaxy Court, requested that Items 914, Second Reading of Ordinance No. 130, 1997, Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 1997, General Election, and # 18, Resolution 97-114 Establishing a Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority Effective January 1, 1998, be withdrawn from the Consent Agenda. 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 will be considered separately under Agenda Item 924, Pulled Consent Items. t , • ' ' • I . 1 • , 1 ' • • ' • I ' • , I , • 1 i•, I V I • I 1 Ordinance No. 120, 1997, which was unanimously adopted on First Reading on August 5, 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 purchase of the property. Therefore, this Ordinance repeals Ordinance No. 63, 1997, in addition to authorizing the sale of the Johnson property to Kaufman and Broad. 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 August 19, 1997 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. Ordinance No. 124, 1997 was unanimously adopted on First Reading on August 5, 1997, and appropriates funds from the Street Oversizing Fund to the Capital Projects Fund. 9. Second Reading of Ordinance No 125 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Archive Access Initiative Project Ordinance No. 126, 1997 was unanimously adopted on First Reading on August 5, 1997 and appropriates Federal grant money provided under the Library Services and Construction Act (LSCA) for the City's Archive Access Initiative Project. 10. Second Reading of Ordinance No 126 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Electronic Literacy Connection Project Ordinance No. 126, 1997, which was unanimously adopted on First Reading on August 5, 1997, appropriates State Department of Higher Education grant money for the Electronic Literacy Connection Project. it. Second Reading of Ordinance No 127 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Library Services and Facilities Public Relations Project Ordinance No. 127, 1997, which was unanimously adopted on First Reading on August 5, 1997, appropriates Federal Government grant money provided under the Library Services and Construction Act for the City's Library Services and Facilities Public Relations Project. Ordinance No. 128, 1997, which was unanimously adopted on First Reading on August 5, 1997, 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 Department to implement air quality education, special projects, and data collection in support of the Air Quality Action Plan. 61 August 19, 1997 13. Second Reading of Ordinance No 129 1997 Amending Ordinance No 24 1996 Regarding the Landmark Rehabilitation Grant Program, Ordinance No. 129, 1997, which was unanimously adopted on First Reading on August 5, 1997, amends a portion of Section 7 of Ordinance No. 24, 1996, which required 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. 14. Second Reading of Ordinance No 130, 1997 Calling a Special Municipal Election to Be Held in Conjunction with the November 4 1997 General Election 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 $955,000. 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 City from 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 Latimer County for 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, which was unanimously adopted on First Reading on August 5, 1997, authorizes both of these actions. 15. Second 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 Prosy Damaged or Lost in the Spring Creek Flood 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. Ordinance No. 131, 1997 was unanimously adopted as amended on First Reading on August 5, 1997. 62 August 19, 1997 16. Second Reading of Ordinance No 133 1997 Amending the City Code 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 Building, Ordinance No. 133, 1997, which was unanimously adopted on First Reading on August 5, 1997, amends Section 205 of the Uniform Code for the Abatement of Dangerous Buildings and 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. On First Reading of this Ordinance, Councilmembers inquired as to whether or not decisions of the Board of Appeals would be appealable to the City Council. Although the Code for the Abatement for Dangerous Buildings does not provide such a right of appeal, an appeal to the Council would, in fact, exist. This is because the Board of Appeals would consist of the Building Review Board and, under Chapter 2, Article II, Division 3, of the City Code, all final decisions of that Board are appealable to the City Council. To avoid any uncertainty with regard to this question, express language has been added to subparagraph (5) of Section 2-119 of the City Code to that effect. 17. First Reading of Ordinance No 134 1997 Amending the Local Landmark Designation of the Poudre Garage/Q. S. Forest Service Building 148 Remington Street Pursuant to Chapter 14 of the City Code On February 18, 1997, Council adopted Ordinance No. 25, 1997 designating the Poudre Garage as a local landmark. Staff has since discovered that the legal description of the property as designated is not correct. Chapter 14 of the City Code provides for the amendment of a designation in the same manner as the original designation was made: a recommendation of the Landmark Preservation Commission, followed by two hearings before Council for the adoption of an amending ordinance. The owner of the property, Lenz Construction Company, Inc., is initiating this request for amending the local landmark designation of the building. 18. Resolution 97 114 Establishing a Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority Effective January 1 1998 The Larimer Emergency Telephone Authority was created pursuant to Colorado Revised Statute 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen other governmental entities in Larimer County. The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collins City Council. This fee has 63 Augus119, 1997 remained the same each year by annual approval of the LETA Board. At the most recent LETA Board meeting it was decided that in light of current revenues generated by additional telephones in Larimer County, it is now appropriate to lower the telephone exchange access charge by 10%, to forty-five cents ($.45) per month. Further, the Board agreed to regularly review the charge in hopes of lowering it even further in the future. 19. Resolution 97-115 Making an Amendment to the Boards and Commissions Manual. At the April 8, 1997 Regular Municipal Election, voters approved Charter Amendment No. 3 which included amendments to the conflict of interest provisions contained in Article IV, Section 9. This Resolution provides for an update of the conflict of interest provisions contained in the Boards and Commissions Manual in conformance with the revised Charter. 20. Items Relating to Overland Valley P.U.D. A. Resolution 97-116 Recommending Approval of a Waiver of the UGA Contiguity to Existing Development Phasing Criteria Requirement for the Overland Valley PUD. B. Resolution 97-117 Recommending Denial of a Waiver to the UGA Public Street Capacity Phasing Criteria Requirement for the Overland Valley PUD. This Agenda Item Summary discusses two separate waiver requests by the developer of the Overland Valley PUD County referral. The first is a waiver request to the 1/6 contiguity to existing development phasing criteria requirement. The second request is to exempt the proposed development from the off -site street improvement requirements of the Intergovernmental Agreement (IGA) for the Fort Collins Urban Growth Area and the Overland Valley PUD consists of seven (7) dwelling units on 14.79 acres, located west of Overland Trail and north of LaPorte Avenue. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No 120 1997 Repeating 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. 8. Second Reading of Ordinance No. 124. 1997 Appropriating Unanticipated Revenue in th Capital Prpiects Fund and Prior Year Reserves in the Street Oversizing Fund and Authoriziniz the Transfer of Appropriations Between Funds for the Purpose of Constructin Improvements on South Shields Street Between Horsetooth Road and West Troutman CZI August 19, 1997 9. Second Reading of Ordinance No 125 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Archive Access Initiative Project, 10. Second Reading of Ordinance No 126 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Electronic Literacy Connection Project H. Second Reading of Ordinance No. 127 1997 Appropriating Unanticipated Grant Revenue in the General Fund for the Library Services and Facilities Public Relations Project the Landmark Rehabilitation Grant Pro2ram. 14. Second Reading of Ordinance No. 130. 1997- Calling a Special Municipal Election to Be • • in Conjunction• -1 1-r 4- 1997 General 16. Second Readiniz of Ordinance No. 133, 1997 Amending the City Code to Establish that the Buildiniz Review Board Shall Serve as the Board of Appeals for the Administration of th Uniform Code for the Abatement of Dangerous BuildLnZ& Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. First Readin2 of Ordinance No. 134- 1997- Amendin2 the Local Landmark Designation o the •• . L. S Forest Service Building, Remington• Chal2ter 14 of 1Code. 23. First Reading of Ordinance No 135 1997 Amending Chapter 26 of the City Code Concerning the Mandatory Installation of Water Meters for Residential Water Services Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 65 August 19, 1997 Staff Reports City Manager John Fischbach gave an update on the July 28 flood and spoke of how FEMA is helping flood victims. He spoke of efforts towards securing housing for those displaced by the flood and of the removal of dangerous property. He gave a brief update on the cost and progress of the Timberline Extension. Councilmember Reports Councilmember Wanner reported the Growth Management Committee met and discussed the economic and environmental impact model currently being worked on by staff and the Transfer of Development Rights Program with Larimer County. Councilmember Kneeland reported the Health and Safety Committee met and received an update on the progress of the task force working on the human rights ordinance. She reported on the results from the recently implemented smoking ordinance. She reported the Heath and Safety Committee has discussed its role in flood efforts and the possibility of installing an emergency warning system. Ordinance No. 135, 1997 Amending Chapter 26 of the City Code Concerning the Mandatory Installation of Water Meters for Residential Water Services. Adopted on First Reading, The following is staffs memorandum on this item. "Executive .Summary In 1990, the Colorado General Assembly adopted the Water Metering Act requiring that water service suppliers meter water use. City Council subsequently passed Resohctiott 90-147 directing the Water Utility to implement a voluntary program to meter residential customers. Based on the current rate of installations, a voluntary metering program will not meet the Council's goal of having all residential water services metered by January 1, 2005. This Ordinance, therefore, authorizes the implementation of a mandatory water metering program requiring the installation of water meters for all unmetered residential water services in the City by January 1, 2005. Water meters will be installed systematically in all unmetered residences, starting with those located in the City west of Taft Hill road and progressing east. Dates will be set for all installations with affected customers notified in writing at least 14 days prior to the scheduled date. Installation dates will be set so as to effectively and efficiently use the City's available resources. August 19, 1997 During the May 27 Council Study Session, Council asked staff to look at the current rate structure. There was concern that the flat rate is not proportional to consumption, resulting in metered customers subsidizing fat rate customers. A cost of service analysis of both rates showed that while the average annual use of fat rate customers is higher than the average annual use of metered customers, both customer classes are paying their fair share. As a customer class, fat rate customers are paying more annually for water, consistent with their higher consumption patterns. There is currently no cost of service basis for an increase to the fat rate. Both the fat and metered residential rates will be going up in 1998. Water meters are installed inside the home whenever possible, as inside installations are significantly less expensive than outside installations. This Ordinance specifies that the Utility will only cover the cost of an inside installation if the meter could be installed inside. Customers who elect to have the meter installed outside will pay the difference between the Utility's established cost to install the meter inside and the actual cost to install it in a meter pit outside. " Assistant General Manager of Water Utilities Wendy Williams gave a staff presentation on this item and spoke of benefits of water metering. She reported on how mandatory metering would occur, noting the voluntary program would still exist. She reported on how citizens would be informed of the mandatory metering program. Water Boardmember Paul Klopper briefly summarized the Water Board's discussion and spoke of the reasons for the 9-6 vote. He stated the Board considered various options including increasing flat rate annually, installing meters at the time of a change of ownership, and mandatory metering by quadrants. He stated if nothing is done the City would not be in compliance with the State "metering" law. Councilmember Mason spoke of the decline in the volunteer program and stated that once the mandatory program is in place an even greater decline would occur. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 135, 1997 on First Reading. Kelly Ohlson, 2040 Bennington Circle, spoke in support of the proposal and congratulated Council for acting on the issue. Tim Johnson, a Fort Collins resident, spoke in support of the water metering program. Bob Tueting, 912 Cheyenne Drive, opposed the motion and believed this was governmental intrusion of individual freedom. 67 August 19, 1997 Councilmember Wanner spoke in support of the Water Board's recommendation, stating the process for implementation was a logical one. Councilmember Mason supported the motion and reported the Auditors for the City supported dividing the City in sectors. Councilmember Smith supported the motion and spoke of the amount of water used for agricultural use and of the need to continue discussing the purchase of water rights as a buffer. He expressed concerns regarding the need for progress reports, stating he believed after adoption there would be a large increase in voluntary metering and problems that might created with scheduling. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: None. Ordinance No. 130, 1997 Calling a Special Municipal Election to Be Held in Conjunction with the November 4 1997, General Election Adopted on Second Reading The following is staff's memorandum on this item. "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 $955, 000. The situation has been presented to the Council Finance Committee for their recommendation. In Judy, 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. 7his ordinance, which was unanimously adopted on First Reading on August 5, 1997, authorizes both of these actions." o August 19, 1997 Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 130, 1997 on Second Reading. Councilmember Smith spoke of the reasons for the ordinance stating the law states if the City is asking to retain the funds it must be put to the citizens for a vote. Al Baccili, 520 Galaxy Court, opposed the City retaining excess revenues and spoke in support of refunding the money to the citizens. Bob Tueting, 912 Cheyenne Drive, stated the City should comply with the law and refund the excess revenues to citizens. The vote on Councilmember Kneeland's motion to adopt Ordinance No. 130, 1997 on Second Reading was as follows: Yeas: Councilmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 97-114 Establishing a Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority Effective January 1 1998 Adopted The following is staffs memorandum on this item. "Executive Summary The Larimer Emergency Telephone Authority was created pursuant to Colorado Revised Statute 29- 11-101 by an intergovernmental agreement behveen the City of Fort Collins and nineteen other governmental entities in Larimer County. The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collars City Council This fee has remained the same each year by anmual approval of the LETA Board. At the most recent LETA Board meeting it was decided that in light of current revenues generated by additional telephones in Larimer County, it is now appropriate to lower the telephone exchange access charge by 10%, to forty-five cents ($.45) per month. Further, the Board agreed to regularly review the charge in hopes of lowering it even further in the future. This surcharge to telephone .subscribers is necessary to continue to adequately fund the Emergency 911 telephone service in the city of Fort Collins throughout 199k"" 5' August 19, 1997 City Manager John Fischbach gave a brief report stating the E-911 fee is being decreased by 10% per month stating the LETA Board would be monitoring this issue on a quarterly basis and would continue to lower the fee if deemed appropriate. Deputy Chief Deryle O'Dell gave brief history of access fees. Councilmember Mason made a motion, seconded by Councilmember Smith, to adopt Resolution 97- 114. AI Baccili, 520 Galaxy Court, emphasized the need for further reduction and opposed taking the funds from pest control to fund the salary for the a part time administrator. O'Dell responded to Mr. Baccili's comments clarifying funds would come from the poison control center funding. Mayor Azari spoke in support of the system and of the challenges the Board faces because of new telephone systems. The vote on Councilmember Mason's motion was as follows: Yeas: Yeas: Councilmembers Azari, Kneeland, Mason, Smith and Wanner. Nays: None. Other Business Councilmember Mason clarified the Growth Management Committee is having difficulty with the Transfer of Development Rights Program, specifically the Fossil Creek area plan, mainly due to the lack of response by the County in implementing land use regulations. A The meeting adjourned at 8:00 p.m. ATTEST: City Clerk 70