City Council Action
Feb. 15, 2000
6:30 pm
City Council Chambers 500 E. Third Street
Regular Meeting
| Summary of action taken by
Loveland City Council. Complete and official record is contained
in minutes available at the Loveland City Clerks Office, 500 E. Third Street,
Loveland, CO 80537, telephone (970) 962-2000. |
Councilors Present: Jan Brown,
Steve Dozier, Kathy Gilliland, Forrest Knox, Kurtis
Loomis, Eugene Pielen, Linda Quade, Nita Starr, Larry Walsh
5:45 P.M. Pre-Meeting DiscussionóCity Managerís Conference Room
6:30 P.M. REGULAR MEETINGóCity Council Chambers
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF CITY COUNCIL MINUTES OF FEBRUARY 1, 2000
PROCLAMATION declaring the week of February 20th, 2000 as NATIONAL ENGINEERS
WEEK.
CONSENT AGENDA
1 LOVELAND-FORT COLLINS INDUSTRIAL AIRPARK 1ST FILING OF EAST LOVELAND
INDUSTRIAL ADDITION
Ordinance on second reading to consider vacation of a 20-foot wide
emergency access easement and right-of-way located along the northern boundary
of Lot 1, Block 3 in the Loveland-Fort Collins Industrial Airpark.
The property is located north of and adjacent to Earhart Road and west
of and adjacent to Wright Avenue. The applicant is James Seilbach
with Zephyr Graphics.
On December 13, 1999, the Planning Commission unanimously recommended
approval of the vacation to City Council. On February 1, 2000, City
Council adopted the ordinance on first reading as an item on the Consent
Agenda.
Approved unanimously.
2. MILLENNIUM ADDITION
Resolution #R-10-2000 repealing Resolution #R-6-2000, which set a public
hearing date of March 7, 2000 for a City Council public hearing to consider
a petition to annex 1,751.57 acres to be known as the Millennium Addition.
The applicant is in the process of reviewing some elements of the proposed
annexation and the corresponding zoning request and has requested additional
time to conduct this review. A new resolution for setting a public hearing
will be prepared after the applicant has conducted additional analysis
of this application.
Approved unanimously.
3. a) Ordinance on first reading repealing Chapters 5.08 and 5.20 of
the Loveland Municipal Code concerning licensing of auctions and auctioneers,
and amusements; repealing and reenacting Chapter 5.12 of the Loveland Municipal
Code concerning vendors and peddlers; and amending sections 5.24.010 and
5.24.020 of the Loveland Municipal Code concerning licenses for certain
games.
Approved unanimously.
There are several licensing provisions in the Loveland Municipal
Code that have not been updated since the early 1970ís. After reviewing
these licensing provisions, the City Clerkís Office, along with advice
from the Cityís Attorneyís Office, made the following decisions:
(1) The licensing provisions concerning auctions and auctioneers, and amusements,
are no longer necessary or profitable for the City. Therefore, these
provisions should be repealed from the Loveland Municipal Code. And,
(2) the licensing provisions concerning the licenses for certain games
has not had a fee increase in over twenty (20) years. The fees for
shuffleboards, pinball machines, photoelectric machines, and other electronic
games should be included in the licensing fees section of the Loveland
Municipal Code. The ordinance as presented will allow Loveland to
be more consistent with the practices in Berthoud, Fort Collins, Windsor
and Greeley.
b) Ordinance on first reading amending Chapter 9.60 of the Loveland
Municipal Code concerning the offering of certain weapons prohibited.
The ordinance relating to the offering of certain weapons is currently
located in Chapter 5.20.030, Amusements. It would be more appropriate
if it were located in Chapter 9.60, Public Peace, Health, Safety and Welfare.
4. Resolution #R-11-2000 authorizing the credit of use tax paid by Trammel
Crow Company to certain fees pursuant to section 16.38.050 of the Loveland
Municipal Code.
Approved unanimously.
In accordance with Resolution #R-85-98 regarding economic incentives,
Trammell Crow Company has applied for a credit of the city use tax paid
in the amount of $16,500.00 on their development at 1453 East Eisenhower
Blvd, i.e., OfficeMax. While Trammell Crow is not the occupant of
the building, as has been the case in most of the other similar requests
the city has received, they are the development company responsible for
the payment of all fees. They are also the party that was successful
in attracting the existing retail business to this site. Trammell
Crow Company has provided evidence to document that the employer occupying
the space does meet the required criteria to be eligible for the credit
of the use tax.
Approved unanimously.
5. Public hearing and ordinance on first reading enacting supplementary
budget and appropriation No. 3 for the City of Loveland, Colorado.
Approved unanimously.
This is primarily a housekeeping action to adjust the Council
Capital Reserve, revenues and appropriations in the Capital Projects Fund,
and to budget in a reserve the balance of 1998 excess Tabor revenue.
Also included is new funding for the rent and set up new leased office
space for COLT, and funding to renovate the 451 Railroad Building in order
to relocate Project Engineering staff from the Civic Center, to create
room in the Civic Center for the new Development Center staff.
6. Approval of the Eleventh Annual Temporary Water Conveyance Contract,
allowing the City to use portions of the CBT Project to fill Green Ridge
Glade Reservoir with native water.
Approved unanimously.
The City must use portions of the Colorado-Big Thompson (CBT) Project
facilities to divert native water rights it owns, which originate in the
Big Thompson River basin, into Green Ridge Glade Reservoir. Use of
these facilities requires agreement among the City, the Bureau of Reclamation
and the Northern Colorado Water Conservancy District.
Utility Commission recommends approval.
7. a) Ordinance on first reading providing for the issuance and sale
of City of Loveland, Colorado special assessment bonds (Special Improvement
District No. 1) Series 2000, in the principal amount of $_____ for the
purpose of financing the construction and acquisition of public improvements;
approving and authorizing the execution and delivery of a trust indenture
from the City to the Bank of Cherry Creek, N.A., as Trustee; approving
and authorizing the execution and delivery of a bond purchase agreement
between A.G. Edwards & Sons, Inc. and the City; and authorizing the
preparation and execution of certain related documents and instruments.
b) Resolution #R-12-2000 concerning the City of Loveland Special Improvement
District No. 1, reasonably ascertaining the total cost of improvements
and setting the hearing date for a determination of final assessments for
said district.
c) Ordinance on first reading concerning the City of Loveland, Colorado
Special Improvement District No. 1; ratifying action heretofore taken in
connection therewith; approving and confirming the apportionment and costs
of the improvements; assessing and apportioning the costs of the improvements
therein, including all incidental expenses, against the lots, tracts and
parcels of land specially benefited thereby and included within the District;
describing the manner for the collection and payment of the assessments;
providing penalties for delinquent payments; providing for the disbursement
of the assessments and any penalties; and providing other details in connection
with such matters.
On January 4, 2000, the City Council approved the creation of the City
of Loveland Special Improvement District No.1. The District is preparing
to issue bonds to finance the public improvements to be acquired by the
District. The ordinances and the resolution on the agenda would authorize
the issuance of the bonds; set a public hearing for the assessment roll;
and establish the amounts to be assessed against the properties specially
benefited by the improvements. No portion of the cost of the Improvements
is attributable to the City. Representatives of the applicants will
be on hand at the City Council meeting to answer questions if necessary.
All sections moved to MArch 7, 2000 meeting..
8. Appointment of John Tindall to the Police Department Citizen Advisory
Board.
Olivia Olivas resigned from the Police Department Citizens Advisory
Board. At the City Council meeting on January 18, Council approved
the appointment of John Tindall if he resigns from the Telecommunications
Commission.
Approved unanimously.
9. December, 1999 Financial Report-Highlights
The December 1999 financial reports are submitted for Councilís review.
These reports show total year to date actual revenues of $117,629,203 and
actual expenditures of $103,168,424. The cash flow statement and
the Summaries of Investments show a cash and investment balance of $112,024,802.
CITY COUNCIL
10. a) Citizens Report
Anyone who wishes to speak to an item NOT on the Agenda may
address the Council under Citizensí Report.
b) City Council/City Manager Announcements.
REGULAR AGENDA
Anyone who wishes to address the Council on any item on this part of
the agenda may do so when the Mayor calls for public comment. All
public hearings are conducted in accordance with Council Policy.
11. VISUAL ARTS COMMISSION REPORT
Visual Arts Commission Chairperson, Leo Schuster, will update
Council on recent accomplishments and current projects.
12. a) Resolution #R-13-2000 revising Table 6.1 in Section 6.12.2, ìLink
Congestion,î in the City of Loveland Development Standards and Specifications
governing the Construction of Public Improvements.
Approved unanimously.
b) Resolution #R-14-2000 revising Section 6.13.1(c) in the City
of Loveland Development Standards and Specifications governing the Construction
of Public Improvements.
Tabled to March 7.
The proposed revisions will define the summary reporting format
of each full TIS to make the results more understandable; define what a
ìprojectî is for application of the ì2% rule;î propose a formula for applying
the ì2% rule;î and redefine the method for determining the ACF traffic
thresholds. Staff will also be soliciting input and direction from
Council on how to encourage infill development relative to the ACF traffic
standards.
13. RANGE VIEW ADDITION
Public hearing to consider:
a) Resolution #R-15-2000 concerning the annexation to the City of Loveland
of a certain area containing 40.406 acres, to be known as the Range View
Addition;
Approved unanimously.
b) Ordinance on first reading annexing the Range View Addition to the
City of Loveland;
Approved 7-2, Walsh, Dozier nay.
c) Ordinance on first reading zoning the Range View Addition B-Developing
Business and DR-Developing Resource; and
Approved unanimously.
d) Annexation agreement.
Approved 7-2, Walsh, Dozier nay.
The applicant is McWhinney Holding Company, LLC. The property
is located southwest of the CR9 and CR24 intersection and adjacent to the
east side of Equalizer Lake.
The Planning Commission considered this annexation and zoning
request at a public hearing on December 13, 1999. The Planning Commission
is recommending that City Council approve the annexation, zoning, and annexation
agreement, subject to the conditions listed in the staff memorandum dated
February 15, 2000.
14. CITY COUNCIL NEW BUSINESS
Staff to prepare emergency ordinance for moratorium on new development
for March 7 consideration. Approved 5-4, Knox, Gilliland, Starr,
Pielin nay.
15. CITY MANAGERíS REPORT
16. CITY ATTORNEYíS REPORT
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