City Council Action
September 15,
1998
6:30 pm
City Council Chambers 500 E. Third Street
Regular Session
| 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: Larry
Dassow, Steve Dozier, Forrest Knox, Kathy Gilliland, Jim Lamont, Kurtis
Loomis, Linda Quade, Nita Starr, Larry Walsh
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PROCLAMATION declaring September 17 - November 30, 1998 as UNITED
WAY AWARENESS DAYS. PROCLAMATION declaring October 4-10, 1998 as FIRE PREVENTION
WEEK.
CONSENT AGENDA
1. BALLARD PLACE 1ST SUBDIVISION Ordinance on second reading rezoning:
(i) the easterly five feet (326.75 square feet) of Lot 1, Ballard Place
1st Subdivision from R3e-Existing High Density Residential to Be- Existing
Business; and (ii) the westerly fifteen feet (1,000 square feet) of Lot
3, Ballard Place 1st Subdivision from Be-Existing Business to R3e-Existing
High Density Residential. The applicant is Daniel and Phylis Mielke. The
property is located south of East First Street and is bordered on the east
by South Jefferson Avenue and on the west by South Lincoln Avenue.
On September 1, 1998, City Council approved this ordinance on first reading
as an item on the Consent Agenda. Planning Commission recommended approval
of this rezoning as an item on the Consent Agenda at their meeting on August
10, 1998. Approved
unanimously.
2. Resolution #R-78-98 setting forth the findings and conclusions
in support of the City Council action to deny the application of First
Street Properties LLC for approval of a general development plan known
as Centennial Village PUD (#P-32).
At the City Council meeting of August 18, 1998, the City Council conducted
a public hearing concerning the application of First Street Properties,
LLC for approval of a General Development Plan for Centennial Village PUD.
At the conclusion of the hearing the City Council passed a motion to deny
the application and directed the City Attorney to prepare findings in accordance
with the Council's motion. Section 18.41.050.D.10 requires that the Council
adopt findings within thirty days of the date of the denial. Approved
5-3 (Walsh, Starr, Dozier nay; Loomis abstain).
3. Resolution #R-79-98 authorizing the City Manager to enter
into an intergovernmental agreement with the board of the Great Outdoors
Colorado Trust Fund and an intergovernmental agreement with ten partner
entities for the Poudre-Big Thompson Rivers Legacy Grant Project.
Partners in the project are the City of Fort Collins, City of Greeley,
City of Loveland, Larimer County, Weld County, Town of Windsor, Estes Valley
Recreation and Park District, the Nature Conservancy, Poudre River Trail
Corridor, Inc., State of Colorado Division of Wildlife, and the State of
Colorado Division of Parks and Outdoor Recreation.Together, the partners
created a vision for a regional Legacy project and developed the Legacy
grant proposal in March, 1996. On August 17, 1996 the GOCO Board toured
both the Poudre and Big Thompson River corridors and representatives from
each partnering entity presented various aspects of the Poudre-Big Thompson
Rivers Legacy project. Former Mayor Treva Edwards and City Manager Brian
Moeck represented Loveland in support of the grant proposal. On October
23, 1996 GOCO approved the Legacy grant application and awarded $3.4 million
to the project. Approved
unanimously.
4. Ordinance on second reading amending Title 3 of the Loveland
Municipal Code by the addition of a new Chapter 3.44 providing certain
economic incentives to new or expanded businesses within the City. On September
1, 1998, Council approved on first reading on ordinance setting forth a
procedure and criteria for crediting use tax to certain fees required of
new and expanding businesses in Loveland. Council asked that prior to second
reading staff investigate further, an alternate source of wage data. Staff
views both sources of data as potentially useful and has modified Section
3.44.030 (b). In addition, Councillors questioned the applicability of
wholesale and/or warehousing operations to the policy. To add clarity,
Section 3.44.025(A) has been modified to include the most specific data
for the industry in which the applicant is engaged. Voted
to bring and consider in resolution form as policy statement rather than
as an ordinance.
5. Resolution #R-80-98 authorizing the waiver of certain fees
for Foothills Gateway, Inc. pursuant to Section 16.38.070 of the Loveland
Municipal Code. On August 18th City Council approved the waiver of $20,403.26
in City Use Tax and fees as requested by Foothills Gateway, Inc. (Foothills)
a local not-for-profit agency serving the developmentally disabled in Loveland
and Larimer County. The use tax and fees relate to the construction of
two residential homes being constructed for Foothills to be used by the
clients of Foothills. The waivers were consistent with waiver granted Habitat
for Humanity for similar housing needs. In calculating the waivers, certain
fees were inadvertently omitted. The aforementioned resolution corrects
the error and brings the total waiver to $23,611.40 with the additional
waiver of $3,208.12. Approved
unanimously.
6. Approval of bid award in the amount of $179,077.70 to Sturgeon
Electric Company, Inc. for the construction of the traffic signal at the
intersection of 14th Street SW and Wilson Avenue. Bids for the project
were opened on September 8, 1998. Traffic personnel confirmed the low bidder.
Two bids were received: Sturgeon Electric Company from Henderson, Colorado
and WL Contractors from Arvada, Colorado. Since the low bidder was over
the $142,000 budgeted for the project, the $37,077.70 will be covered by
the City of Loveland street capital expansion fee (CEF) funds. Approved
unanimously.
7. August, 1998óFinancial Report-Highlights
The August, 1998 financial reports are submitted for Council review.
These reports show total year to date actual revenues of $76,964,074 and
actual expenditures of $61,928,974. The cash flow statement and the summary
of investments show a cash and investment balance of $82,750,990.
8. August, 1998óLoveland Capital Projects Report
Reports for August 1998 on the status of capital construction projects
are presented for Council review
CITY COUNCIL
9. a) Citizens Report
Anyone who wishes to speak on an item NOT on the Agenda may address the
Council under Citizens' 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.
10. Resolution #R-81-98 supplementing Ordinance No. 4373, determining
the principal amount and rates of interest for City of Loveland, Colorado,
Golf Course Enterprise Revenue Bonds, Series 1998; determining provisions
for redemption and maturity of such bonds and providing other details as
contemplated by Ordinance No. 4373; authorizing incidental actions; and
repealing inconsistent actions.
Final principal amount of bonds and interest rates will be provided as
an addendum. On August 18, 1998, City Council approved Ordinance #4373,
authorizing the issuance of City of Loveland Golf Course Enterprise Revenue
Bonds, Series 1998 in an aggregate principal amount of $2,425,000. These
revenue bonds are being issued to terminate the 1991 Golf Course Lease
and replace the lease payments with lower cost revenue bonds. Ordinance
#4373 contained certain dollar amounts for the aggregate principal amount
of the bonds and the interest rate on the bonds that was expressed in terms
of "not to exceed" because the exact amount was not known at
that time. It was recognized that a supplemental resolution would be submitted
once the bonds had been marketed and the true numbers were determined. Approved
unanimously.
11. LIBRARY BOARD
a) Ordinance on first reading repealing and reenacting Section
2.60.070 of the Loveland Municipal Code concerning the establishment and
duties of the Library Board. Approved
unanimously.
b) Ordinance on first reading amending the City of Loveland
handbook for boards and commissions concerning the Library Board. For several
months, the Library Board has been considering a recommendation to amend
the City code concerning the powers and duties of the Library Board. The
issue of the powers and duties of the Library Board arose shortly after
the adoption of the Home Rule Charter, which provides that City boards
and commissions are to act in an advisory capacity to the City Council
and that the Council must establish the powers and duties by ordinance.
The existing city ordinance indicates that the Library Board has the powers
and duties specified under the Colorado Library Law, which include certain
powers to act independently of the City. In November of 1988, the Library
Board entered into an Intergovernmental Agreement with the City pursuant
to which the Board delegated certain of its duties to the City, including
the placement of library employees under the City's personnel system.
City Council considered the ordinance changes on August 3, 1998 and returned
them to the Library Board for additional discussion and a revoting. The
Library Board met August 20, 1998, considered the issue and voted 5-2 to
recommend return of the ordinances unchanged to City Council. Approved
unanimously.
12. Ordinance on first reading for supplementary appropriation
#6 to the 1998 budget. The ordinance appropriates supplementary funds for
the General Fund, and the Golf Course Enterprise Fund. Attachment 1 provides
details on the appropriations by fund and department. Funding for all except
the Golf Course Fund supplements will be from unanticipated General Fund
revenues which will be appropriated in the General Fund or transferred
to the Internal Service Funds and Library Funds as appropriate. Funding
for the Golf Course Fund is available from fund balance within the fund.
Approved
unanimously.
13. CITY COUNCIL NEW BUSINESS
14. CITY MANAGER'S REPORT
15. CITY ATTORNEY'S REPORT
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