HomeMy WebLinkAboutMINUTES-09/16/1997-RegularSeptember 16, 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, September 16,
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, Bertschy, Byrne, Kneeland, Mason, Smith and
Wanner.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Bart Palmer, representive of ASCSU, reported that due to recent conflicts between CSU students and
the City he would be attending Council meetings to familiarize himself with staff and Council.
Citizen Participation Follow-up
Councilmember Byrne thanked Mr. Palmer for his comments and stated he looked forward to
working with members of ASCSU.
Agenda Review
City Manager John Fischbach stated there were no changes to the Agenda as published.
CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 17. 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 #22, Pulled Consent Items.
First Reading of Ordinance No. 137, 1997 Amending Chapter 26 of the City Code to
Authorize the Water Utility Enterprise to Have and Exercise Certain Powers in Furtherance
of its Purposes.
Article X, Section 20 of the State Constitution provides the ability to create enterprises. The
City of Fort Collins acted to establish its electric, water, wastewater, and stormwater utilities
as enterprises subsequent to the passage of Article X. Legal interpretations of the section
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suggest that the City amend the Code to clarify the powers of the enterprises. Prior to
issuing bonds for the wastewater and stormwater utilities, corresponding sections of the Code
have been modified. Now, as the Water Utility is contemplating an issuance of bonds, staff
is recommending the appropriate changes to the Code relating to the Water Utility.
First Reading of Ordinance No. 138, 1997 Appropriating Federal Grant Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Transportation Services
Fund for the Operation of the North Front Range Transportation & Air Quality Planning
Council's 1997-1998 Metropolitan Planning Organization Administration Program Year.
The North Front Range Transportation & Air Quality Planning Council ("NFRT&AQPC")
is the regional Metropolitan Planning Organization. The administration/program budget for
NFRT&AQPC is funded with federal transportation program dollars administered by the
Colorado Department of Transportation ("CDOT") based on the federal fiscal and program
year of October 1, 1997 to September 30, 1998. This period does not correspond to the
City's calendar year appropriation time frame, and this time differential causes some
accounting and budget management problems. The Council's approval of this Ordinance
will enable staff to more consistently manage and track the NFRT&AQPC's budget and
expenditures. The proposed budget and appropriation for the 1997-1998 program year is
$420,468 for administration of the NRFT&AQPC.
Resolution 97-121 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Annexation Proceedings for such Property to be Known as the Miller -Fox
Annexation and Zonine.
The property being considered for annexation has, for a period of not less than three (3)
years, been completely surrounded by property contained within the boundaries of the City
of Fort Collins. The property being considered for annexation is approximately 4.00 acres
in size, located on the west side of South County Road 9, between Horsetooth Road and
Harmony Road. The proposed zoning for this annexation is HC-Harmony Corridor District.
10. Resolution 97-122 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Annexation Proceedings for such Property to be Known as the Overland Trail
Third Annexation and Zonine.
The property being considered for annexation has, for a period of not less than three (3)
years, been completely surrounded by property contained within the boundaries of the City
of Fort Collins. The property being considered for annexation is approximately 4.63 acres
in size, located on the west side of South Overland Trail, on the south side of Prospect Road
(extended), between Prospect Road and Palm Court (directly south of the developing Ponds
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at Overland Trail project). The proposed zoning for this annexation is MMN-Medium
Density Mixed -use Neighborhood.
11. Items Relating to the Transportation Master Plan.
A. Resolution 97-123 Adopting the Transportation Master Plan.
B. Resolution 97-124 Adopting Revisions to the Master Street Plan.
The Transportation Master Plan ("TMP") document is a summary of all the adopted
transportation plans, design standards, policies, and processes utilized in the
planning/development of the transportation system. Adoption of the TMP is required as a
component of the City's Comprehensive Plan. It will serve as a reference manual and public
policy document.
12. Resolution 97-125 Declaring the Official Intent of the City to Use Proceeds of a Tax-Exemkt
Lease Purchase Transaction to Reimburse Itself for Certain Capital Expenditures Made from
Other Revenues.
The federal tax laws and regulations allow municipalities to issue tax-exempt securities
(holders of these securities do not pay federal and state income tax on earnings) to finance
acquisition of equipment and goods for municipal use. During the planning and design
phases of such projects, the City may incur costs which are paid from sources of revenue
already appropriated. The tax law and regulations allow the City to reimburse itself for such
costs provided that the City formally declares its intent to do so. Resolution 97-125 states
the intent of the City to issue tax-exempt lease purchase agreements later this year. The
proceeds from the lease will be used for hardware and software for the City's financial and
personnel management systems. Any costs meeting the federal regulations may be
reimbursed to the City from the proceeds from the transaction. The amount of the
transaction is expected to be about $1.5 million and is expected to be presented to the
Council in October. The proceeds will provide financing for the replacement of the City's
existing financial and personnel systems. The new system will provide substantial
efficiencies compared to the existing system and will be fully Year 2000 compliant.
13. Resolution 97-126 Authorizing_a One Year Lease of City -Owned Property at 945 East
Prospect Road.
The City purchased this house and lot as part of the Prospect/Lemay Choices `95 Intersection
Improvement Project. This house will be affected by the right -turn lane that is to be added
turning south on Lemay Avenue from Prospect Road. Construction of this right-tum lane
has been delayed due to negotiations with the Texaco station on the comer. The owner of
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the Texaco station has considered redeveloping his property, and if that redevelopment
occurs, the construction of the right -turn lane can be accomplished at a more affordable price.
Until the construction begins at this corner, staff believes renting the house is more cost
effective than leaving it vacant. Staff does not expect this property to be needed for
improvements to Prospect Road until the fall of 1998 at the earliest.
14. Resolution 97-127 Authorizing the Mayor to Execute an Intergovernmental Agreement
(IGA) for the Purpose of Assisting and Coordinating with the Communities of Northern
Colorado in Managing and Planning Urban Growth Patterns.
The regional IGA is an outgrowth of a process that began in the early 1990's with informal
discussions involving the Cities of Fort Collins, Loveland, and Greeley. The discussions
initially focused on land use and transportation issues, and broadened over time to include
other items of general interest. As the conversations progressed, several other communities
from the Northern Front Range Region decided to become involved.
15. Resolution 97-128 Amending Resolution 97-67 of the Council of the Citv of Fort Collins
Adopting Certain Rules of Procedure Governing the Conduct of City Council Meetings.
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, rather than five 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 minute
limitation for individual citizen input during citizen participation, with the three minute
limitation to remain in effect for citizen input regarding agenda items. On August 5, 1997,
the Council passed Resolution 97-110, which mistakenly changed both time limits. The
proposed Resolution would correct that error and would be consistent with the Council
direction given at the Study Session.
16. Resolution 97-129 Appointing Two Representatives to the Colorado Municipal League
Policy Committee.
The Fort Collins City Council recommends that Councilmember William P. Smith and City
Manager John Fischbach be appointed to represent the City of Fort Collins on the Colorado
Municipal League Policy Committee.
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Appointments to the CML Policy Committee are made each fall and members serve for a
one-year period. Each member municipality of the League is entitled to a representative, and
all cities over 100,000 are entitled to designate two representatives.
17. Routine Deeds and Easements.
A. Deed of Easement from Donna Lawson and Steven Pickelner to underground
existing electric service and divide property into two lots, located at 1134 LaPorte.
Monetary consideration: $0.
B. Deed of Easement from Troy Dow Fetters and Jill Eden Fetters to install electric
service for a US West telecommunication antenna, located at 2742 Canterbury
Drive. Monetary consideration: $500 (paid by US West Communications).
C. Deed of Easement from William J. Smith and Joan Chapman Smith to install electric
service for a US West telecommunication antenna, located at 2748 Canterbury.
Monetary consideration: $500 (paid by US West Communications).
Items on First Reading were read by title by City Clerk Wanda Krajicek.
First Reading of Ordinance No. 137, 1997 Amending Chapter 26 of the City Code to
Authorize the Water Utility Enterprise to Have and Exercise Certain Powers in Furtherance
of its Purposes.
8. First Reading of Ordinance No. 138, 1997 Appropriating Federal Grant Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Transportation Services
Fund for the Operation of the North Front Range Transportation & Air Quality Planning
Council's 1997-1998 Metropolitan Planning Organization Administration Program Year.
Councilmember Kneeland made a motion, seconded by Councilmember Bertschy, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager John Fischbach gave a brief update on City Plan and of the number of lots still to be
reviewed under the Land Development Guidance System. He showed a video tape of the July 28
flood giving an update on the number of displaced residents. He noted the CDBG Commission
would be reviewing its prioritization process and the progress of the action plan. He stated Council
September 16, 1997
would receive the Commission's final recommendation in December. He stated the deadline for
residents who incurred flood damage is near and urged those affected by the flood to contact FEMA.
He reported on the upcoming Community Celebration in Old Town Square.
Councilmember Reports
Councilmember Kneeland reported the Poudre School District Liaison Committee met and reviewed
disaster relief efforts.
Councilmember Mason stated the Legislative Review Committee met with area legislators to discuss
local issues.
Councilmember Smith gave a brief update on discussions of the Metropolitan Planning
Organization.
Councilmember Bertschy thanked staff for providing information regarding prairie dog management.
Councilmember Mason reported on the Growth Management Committee meeting stating the
Committee discussed community growth and development indicators mandated by City Plan and
revisions to the Land Use Code. He stated they held a discussion with Larimer County regarding
the Fossil Creek Land Use Plan.
Councilmember Smith noted the Transportation Master Plan was adopted on the Consent Agenda
and stated a copy of the Plan was available in the City Clerk's Office and the Library. He thanked
staff and Council for extending the flood clean-up efforts.
Public Hearing on the 1998 and 1999
Recommended Biennial Budget, Held.
The following is staff s memorandum on this item.
"Executive Summary
This is the first official Public Hearing on the City Manager's 1998 and 1999 Recommended
Biennial Budget for the City of Fort Collins. A second Public Hearing is scheduled for October 7,
1997. "
City Manager John Fischbach clarified this was the proposed two-year budget and encouraged public
input noting there was a phone line as well as a web site available for citizens to comment on budget
issues. He clarified the budget meeting dates and thanked staff for its hard work on producing the
2-year budget. He outlined the various issues still being considered.
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Public Hearine
Marcella Wells, member of the Cultural Resources Board, urged support for the proposed Museum
Collections Curator position.
Betty Maloney, 1309 City Park Avenue, supported funding for a full-time Museum Collections
Curator.
Jennifer Beccard, Chair of the Cultural Resource Board, concurred with previous speakers and spoke
of the various grants the museum is applying for stating it is hard to accomplish the work without
the manpower to back it up.
Sam Blanco, 3019 Lisette Court, encouraged funding for a full-time Museum Collections Curator.
Bob Teuting, 916 Cheyenne Drive, expressed concerns regarding ongoing budget increases and the
City's position on the TABOR Amendment.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of adopting a 2-year budget and thanked
Council and staff for additional time allowing citizen input on the budget. He believed there was
a need for an internal audit regarding the enforcement of the City's rules and regulations as it relates
to growth, development and environment.
Council Comments
City Manager John Fischbach responded to Council questions regarding policing partnerships with
neighborhoods, CSU and the Police Department. He responded to comments by Mr. Ohlson stating
he would research costs associated with performing an internal audit of the City's rules and
regulations. He reported the Youth Advisory Board was contacted regarding the construction of a
skateboard park for south Fort Collins.
Councilmember Byrne spoke of the reasons for retaining excess tax, stating if voters want growth
to pay its own way, they should vote yes on the ballot issue in November.
Councilmember Mason responded to Mr. Teuting stating it is mandatory for the City remain within
its budget stating the City is not allowed to deficit spend. He stated many items considered on the
budget are requests from citizens and/or Boards and Commissions.
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Resolution 97-130
Urging Voter Support for the Funding of the Larimer County
Justice Center, and Encouraging Larimer County to Consider Alternative
Measures to Better Meet Long Term Capital Needs, Adopted.
The following is staff s memorandum on this item.
"Executive Summary
In November of 1996, Larimer County placed a measure on the ballot which requested voter
approval of a sales and use tax to fund the development of a new judicial law enforcement and
public safetyfacility. This measure was defeated by the voters for a variety of reasons, including the
length of time the tax would be imposed, as well as the amount of the tax.
The County Commissioners have since restructured the measure, and it has been placed on the
November 1997 ballot as two separate proposals. These measures, ifapproved by the voters, would
provide funding for the construction of a new county courthouse and related parking facilities in
Fort Collins; new courthouse facilities in Loveland; and the expansion of the Larimer County
Detention Center.
City staff believes the passage of both Larimer County ballot measures to be vital to the future
economic health and well-being of Central Business Districts of both Fort Collins and Loveland,
and the communities in general. Stafffurther believes that each facility will address certain pressing
needs generated largely by the growth in population evidenced in Larimer County in recent years,
and which is also projected to continue in the near term.
In addition, staff strongly recommends that Council urge the Larimer County Commissioners to
investigate new ways of offsetting the impacts of growth within the County. Such strategies might
include the imposition of developer exactions and impact fees to help fund the costs of new
infrastructure, facilities and services necessitated by the growth. Further, staff recommends that
Council also urge the County Commissioners to consider taking steps to adopt a home rule charter
if it believes that home rule status would enable the County to more effectively manage and develop
funding solutions for growth -generated service and facility needs. "
City Manager John Fischbach gave a staff presentation on this item.
Councilmember Wanner made a motion, seconded by Councilmember Byme, to adopt Resolution
97-130.
Councilmember Byrne spoke of the need for growth to pay its own way and urged everyone to vote.
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Councilmember Mason spoke of the difficulty in maintaining the quality of life and governmental
services due to rapid growth stating that could be maintained by impact fee collections and developer
extractions.
Councilmember Smith supported the motion speaking of the need for a new jail. He spoke in
support of consolidation of services stating he believed that consolidation would improve the quality
of service provided.
Councilmember Bertschy concurred with comments made by Councilmember Smith and stated he
hoped adoption of the Resolution would send a message to Larimer County to look at the structure
of the government and ability to legislate future growth and future governmental needs.
Mayor Azari spoke in support of the motion.
The vote on Councilmember Warner's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn into
Executive Session to consider specific legal questions pertaining to litigation.
The meeting reconvened at 9:15 p.m.
Other Business
Councilmember Mason reported that the Air Quality Advisory Board approved the Master
Transportation Plan with the exception of the Downtown Parking Plan and the Civic Center Plan.
Multi -modal Transportation Group Leader Tom Frazier responded to concerns of the Air Quality
Advisory Board stating the Board believed construction of the Parking Plan and Civic Center Plan
would create additional retail space and increase traffic levels.
Mason emphasized the need for good pedestrian design and bicycle accommodations. He expressed
concerns regarding how the City became so far behind in maintaining its infrastructure.
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Adjournment
The meeting adjourned at 9:35 p.m.
ATTEST:
September 16, 1997