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HomeMy WebLinkAboutMINUTES-02/17/1998-RegularFebruary 17,1998 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, February 17, 1998, 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, Krajicek, Roy. Citizen Participation Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding negative impacts of subsidized growth on the environment. He spoke in opposition to development on the Poudre River. Neil Allen, Executive Director ofFortNet, briefly outlined the types of services provided byFortNet and of the type of community information that can be found on the website. He reported that citizens are given the opportunity to browse and gain experience with the web, without investing money. Citizen Participation Follow-up Councilmember Mason requested information from staff regarding any agreements or promises that stated the City would provide public funding for river development. City Manager John Fischbach reassured Council that no such agreements were ever made. Councilmember Smith responded to comments made by Mr. Ohlson, and reported a meeting had been scheduled to discuss the manufacturers use tax and development fee rebate program. He told Mr. Ohlson he was welcome to attend. Councilmember Kneeland thanked Mr. Allen for the update on FortNet. Agenda Review City Manager John Fischbach reported there were no changes to the Agenda as published. 304 February 17, 1998 ***CONSENT CALENDAR' 7. Consideration and approval of the regular meeting minutes of November 18, 1997, December 2 1997 January 6 1998 January 13 1998 and the adjourned meeting minutes of November 25 1997. 8. Second Reading of Ordinance No. 2 1998 Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund for the Radon Program. This Ordinance, which was unanimously adopted on First Reading on January 6, 1998, appropriates $45,215 in unanticipated revenue and prior year reserves in the General Fund for the Radon Program. The funds come from grant monies from the Colorado Department of Public Health and Environment (CDPHE) Radiation Control Division and 1997 revenue received from the sale of radon test kits. The funds will be used to continue the radon education, testing, and mitigation programs. Second Reading of Ordinance No. 10 1998, Appropriating Prior Year Reserves. Funds were appropriated in 1997 for specific purposes as described below, but not spent. The unspent funds were added to fund reserves at the end of 1997. Appropriations were typically not spent because there was not sufficient time to complete bidding in 1997, and thus there was no known vendor or binding contract to encumber the funds for expenditure in 1998. This Ordinance, which was unanimously adopted on First Reading on February 3, 1998, reappropriates the 1997 funds for the same uses as were originally approved by Council in 1997. 10. Second Reading of Ordinance No 11 1998 Appropriating Prior Year Reserves in the Light and Power Fund for Capital Additions to the Harmony Substation. Newly anticipated load additions in the southeast part of Light and Power's service area have necessitated purchase of another substation transformer in addition to the one included in the adopted 1998 appropriation. This Ordinance which was unanimously adopted on First Reading on February 3, 1998 appropriates the funds for capital additions to the Harmony Substation. 305 February 17, 1998 11. Second Reading of Ordinance No. 12 1998, Appropriating Prior Year Reserves in the Cemetery Fund and Authorizing the Transfer of Such Funds to the Capital Projects Fund. Ordinance No. 12, 1998, which was unanimously adopted on First Reading on February 3, 1998, appropriates prior year reserves in the Cemetery Fund the construction of 144 new columbarium niches. 12. Second Reading of Ordinance No. 13 1998 Amending Chapter 2, Article W of the Citv Code Pertaining to Administrative Organization. The administrative organization of the City is set forth in Chapter 2, Article IV of the City Code. At present, there is no reference to the office of the City Manager, the office of the City Attorney or the Municipal Court. Ordinance No. 13, 1998, which was unanimously adopted on First Reading on February 3, 1998, amends that Section of the Code to include such reference. 13. Second Reading of Ordinance No. 14 1998, Authorizing an Option to Lease, and a Subsequent Lease of City -Owned Property at City Park North Ballfield to Sprint Spectrum L.P. for the Location of Antenna Equipment and Related Facilities, Along With Associated Easements. Sprint Spectrum L.P. (doing business as Sprint PCS) through its agent, SBA, Inc., contacted the Parks Division in August to discuss the possible lease of land for an antenna and related equipment to enhance its cellular phone service. Through a series of negotiations, staff has developed an option agreement and a proposed lease that meet the needs of the City and Sprint. Ordinance No. 14, 1998, which was unanimously adopted on First Reading on February 3, 1998, gives Sprint the right to lease the subject property once it completes testing of the site to confirm its suitability for Sprint's purposes. 14. Second Reading of Ordinance No. 15 1998, Amending the Land Use Code to Clarify Application of the "Block Standards". Experience with new projects under review indicates that new language should be added to the "block standards" to clarify that individual elements of the standards do not apply in situations where existing development, safety concerns, sensitive natural areas, or unusual topography make application of the standard impractical. Similar exemption language is already contained in the Land Use Code requirements related to street connections. Ordinance No. 15, 1998, was unanimously adopted on First Reading on February 3, 1998. 306 February 17, 1998 15. Second Reading of Ordinance No. 161998, Designating the Hill/Hunter House, 122Jackson Avenue as a Local Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Norman H. and Joan L. Miller, are initiating this request for Local Landmark designation for the Hill/Hunter House. The house is important for its Tudor Revival style of architecture and for its association with United States Congressional Representative William S. Hill. Ordinance No. 16, 1998 was unanimously adopted on First Reading on February 3, 1998. 16. First Reading of Ordinance No. 18, 1998, Approving the Lease of Real Property for Agricultural and Livestock Grazing Purposes to Royal Vista Equine, Inc. On June 7, 1990 the City purchased a 160 acre parcel of land as a possible site for a future wastewater treatment plant. The land is located approximately two miles east of I-25 on Colorado State Highway 392 along the Poudre River. The City previously had a three-year lease with Greg Walker. In December 1997, a request for proposals was advertised to lease this property for agricultural purposes. The incumbent did not submit a proposal. The selection committee received two proposals and recommended awarding the lease to Royal Vista Equine, Inc. The proposed lease agreement entitles Royal Vista Equine, Inc. to grow an alfalfa/grass mix and graze livestock. It requires that they perform routine upkeep and maintenance of the fences around the property, along with other terms and conditions. The term of this agreement shall be for a period of five years beginning April 7, 1998 and ending February 28, 2003. 17. First Reading of Ordinance No 19 1998 Vacating All of the Alley Located on Block 31 in Connection with Construction of the Larimer County Justice Center. In November, 1997, voters approved the construction of the Larimer County Justice Center on Block 31. Vacating the existing alley on Block 31 is necessary to go forward with the construction of the Justice Center. Based on the plans for that construction, there will be no need for the previously dedicated alley way. The City will reserve public utility easements in the vacated right-of-way. 18. First Reading of Ordinance No. 20 1998, Authorizing the City of Fort Collins to Grant Three Two-year Temporary Easements on Meadow Springs Ranch to the Colorado Department of Transportation. In the spring of 1998 the Colorado Department of Transportation (CDOT) will begin a construction project to resurface and improve the snow abatement for approximately 17 miles of Interstate 25 (I-25). The resurfacing will begin at the Buckeye exit north of Fort 307 February 17, 1998 Collins and continue north to the Wyoming border. As part of this project, CDOT requires three temporary easements totaling 7.053 acres of on Meadow Springs Ranch, which is owned by the City Water Utility, in three locations along the I-25 corridor. Staff proposed to negotiate a two-year easement agreement that would allow CDOT to cut and fill on the easement area. CDOT will re -seed and re -fence the sites and return them to the City in a satisfactory condition upon completion of the project. 19. Resolution 98-26 Authorizing the Purchase of Traffic Controllers from Intersection Development Corporation. The Traffic Department has determined that the purchase of safer and updated controllers that are compatible with the existing integrated system would be beneficial for the overall operation of the traffic control system. Intersection Development Corporation is the manufacturer of these controllers. 20. Resolution 98-28 Authorizing the Mayorto Execute an Intergovernmental Agreement among the Northern Colorado Regional Cities. Counties and Towns for the Purpose of Facilitating the Sharing and Efficient Use of Local Government Services and Resources. Recently, representatives from the Northern Colorado Regional Cities, Counties and Towns (the Cities of Evans, Fort Collins, Greeley, Loveland, the Towns of Berthoud, Eaton, Estes Park, indicated a strong desire to move the regional relationships and discussions beyond the focus of land use planning. While such regional planning continues to be very important, the communities and counties have been trying to find ways to cooperate, and enhance the overall working relationships. The Resolution that follows evolved from these conversations, and clears the path for the sharing of equipment, staffing and other resources among the communities and counties of Northern Colorado. 21. Resolution 98-29 Authorizing the Sub -lease of a Portion of the Old Fort Collins Hiah School at 1400 Remington by the Boys and Girls Clubs of Larimer County. The City began operation of a portion of the previous Fort Collins High School at 1400 Remington as a youth and teen center in September, 1995. Space was leased from the Poudre School District, who in September of 1997, sold the property to Colorado State University. After that sale, the City executed a new sublease of the property from the School District, which now leases the building from Colorado State University, in accordance with the terms of the sale. Staff seeks to continue the sub -lease with Boys and Girls Clubs of Larimer Countyuntil such time as the City's lease is terminated or the Boys and Girls Club finds a new location. At the present time, the City has a sublease for the Youth Activity Center through December 31, 1998. "I- February 17, 1998 22. Resolution 98-30 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Resources Board is authorized by the City Code to review proposals for funding from the Cultural Programming Account and to submit recommendations to the City Council regarding such proposals for approval. Revenues for tourist related special events are not in the Cultural Programming Account because they are generated from the portion of the lodging tax that is designated for the promotion of convention and visitor activities. These funds are deposited in the Tourism Programming Account. Ordinance No. 74, 1997, amended Section 2-203 of the City Code to authorize the Board to review proposals for funding from the Tourism Programming Account, in addition to the Cultural Programming Account, following the Fort Fund Guidelines applicable to each type of funding, and to submit recommendations regarding the proposals to the Council for approval. 23. Resolution 98-31 Making Appointments to the Various Boards and Commissions. Vacancies currently exist on the Cultural Resources and Parks and Recreation Board, this Resolution will makes appointments to those boards. 24. Resolution 98-33 Supporting Senate Bill 98-170 and the Inclusion of the Local Shareback Provision in All Statewide Transportation Appropriations. The projected State General Fund surplus over the next five years is more than $1 billion and the state's executive and some legislative leaders have proposed using the General Fund surplus to address Transportation needs. Motor fuel taxes and vehicle registration fees that flow into the state's Highway Users Tax Fund (HUTF) are the only sources of dedicated revenue available to local governments for Transportation and the Transportation funding bill of 1997, SB 97-1, does not provide any Transportation funding to local governments. It is important to consider municipal, county, and state transportation facilities as part of an integrated, systemic and seamless infrastructure designed to promote the economic, safety and mobility needs of the entire state. 25. Routine Easement. A. Deed of Easement from Timothy Hackett to underground existing overhead electric services, located at 1006 LaPorte. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 2, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves in the General Fund for the Radon Program. 309 February 17, 1998 Second Reading of Ordinance No. 10 1998, Appropriating Prior Year Reserves. 10. Second Reading of Ordinance No 11 1998 Appropriating Prior Year Reserves in the Light and Power Fund for Capital Additions to the Harmony Substation. 11. Second Reading of Ordinance No. 12 1998, Appropriating Prior Year Reserves in the Cemetery Fund and Authorizing the Transfer of Such Funds to the Capital Projects Fund. 12. Second Reading of Ordinance No 13 1998 Amending Chapter 2, Article IV of the Citv Code Pertaining to Administrative Organization. 13. Second Reading of Ordinance No 14 1998 Authorizing an Option to Lease, and a Subsequent Lease of City -Owned Propert any Park North Ballfield to Sprint Spectrum L.P. for the Location of Antenna Equipment and Related Facilities Along With Associated Easements. 14. Second Reading of Ordinance No. 15 1998, Amending the Land Use Code to Clarify Application of the "Block Standards". 15. Second Reading of Ordinance No 16 1998 Designating the Hill/Hunter House, 122 Jackson Avenue as a Local Landmark Pursuant to Chapter 14 of the City Code. Items on First Reading were read by title by City Clerk Wanda Krajicek. 16. First Reading of Ordinance No 18 1998, Approving the Lease of Real Property for Agricultural and Livestock Grazing Purposes to Royal Vista Equine, Inc. 17. First Reading of Ordinance No. 19 1998, Vacating All of the Alley Located on Block 31 in Connection with Construction of the Latimer County Justice Center. 18. First Reading of Ordinance No 20 1998 Authorizingthe e City of Fort Collins to Grant Three Two-year Temporary Easements on Meadow Springs Ranch to the Colorado Department of Transportation. 28. Items Relating to the Proposed Human Rights Ordinances. A. First Reading of Ordinance No. 21, 1998, Repealing and Reenacting Article II of Chapter 13 of the City Code Concerning Discrimination. B. First Reading of Ordinance No. 22,1998, Amending Portions of Article H of Chapter 13 of the City Code by Adding Sexual Orientation as a Basis of Discrimination. 310 February 17, 1998 29. First Readine of Ordinance No 23 1998 Authorizing the Sale of City -owned Natural Area Land and Related Easements to the Colorado Department of Transportation for the Construction of the Harmonv/I-25 Transportation Transfer Center. Councilmember Bertschy made a motion, seconded by Councilmember Kneeland, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager John Fischbach reported that Item 420, Resolution 98-28 Authorizing the Mayor to Execute an Intergovernmental Agreement among the Northern Colorado Regional Cities, Counties and Towns for the Purpose of Facilitating the Sharing and Efficient Use of Local Government Services and Resources, which was adopted with the Consent Agenda formalizes shared use of local government services and resources by northern Colorado regional cities. Councilmember Reports Councilmember Smith reported the Metropolitan Planning Organization Committee met and discussed compliance of emission stickers and the Regional Transportation Plan. He reported the Plan addresses projects to be included to the State Plan for funding and construction. Councilmember Mason reported the Growth Management Committee met to discuss details for an upcoming joint hearing with Latimer County to discuss the Fossil Creek Reservoir Plan and amendments to the Intergovernmental Agreement related to annexations and development standards, specifically Big Box development standards and gated communities. He stated the Committee reviewed the Mountain Vista Sub -area Plan. He reported on a meeting of the Legislative Review Committee where Environmental Planner Lucinda Smith gave a brief report regarding current bills in the legislature that relate to air quality issues. He stated the Committee also received reports regarding taxation bills, police related bills and transportation bills. Councilmember Bertschy reported the Governance Committee met and discussed the need for "housekeeping ordinances" to Charter Amendments adopted by voters, specifically: time -lines for circulating petitions for City Council; notices for redistricting; and the need to bring finance reporting in -line with the State Fair Campaign Reporting Act. Councilmember Kneeland thanked Mayor Azari for her efforts in working with Mayors in the surrounding area to discuss regional support. She stated the Poudre R-1 School District Liaison 311 February 17, 1998 Committee met and discussed joint construction projects, and reported on the upcoming Community Awareness Week for the disabled community. City Manager John Fischbach reported the Poudre School District Liaison Committee also discussed the following: School District fee in lieu of tax dedication for school sites; potential school site on state owned property on Fossil Creek; BASH events; and radio communications system. Mayor Azari clarified the Growth Management meeting would be Co-chaired by Councilmember Kneeland and Cheryl Olson. Items Relating to the Proposed Human Rights Ordinances, Adopted on First Reading. The following is staff s memorandum on this item. "Financial Impact Adoption of the First Ordinance will require the selection of at least two hearing officers. No costs will be incurred by the City for the hearing officers unless and until a particular complaint actually proceeds through the hearing process. Executive Summary A. First Reading of Ordinance No. 21, 1998, Repealing and Reenacting Article H of Chapter 13 of the City Code Concerning Discrimination. B. First Reading of Ordinance No. 22, 1998, Amending Portions ofArticle H of Chapter 13 of the City Code by Adding Sexual Orientation as a Basis of Discrimination. Ordinance No. 21, 1998 (the "First Ordinance') would change the enforcement provisions in the current non-discrimination Codeprovisions from criminal to predominately civil by (1) authorizing the appointment of a hearing officer to determine whether prohibited discrimination had occurred in the areas of employment, housing, and public accommodation, and (2) allowing the hearing officer to impose civil, equitable remedies when a violation is found. The First Ordinance encourages early conciliation, provides improved and expanded definitions, provides for court - based appeals of the hearing officer's decision, and maintains thepossibility ofcriminalprosecution in Municipal Court if the Hearing Officer's decision is ignored. Ordinance No. 22, 1998 (the "Second Ordinance') amends the First Ordinance by adding sexual orientation as a prohibited basis of discrimination in employment, housing, and public accommodations. 312 February 17, 1998 BACKGROUND: The impetus for re-examining the City's Human Rights Ordinance came from a 1993 recommendation of the Cultural Diversity Task Force. A specific recommendation of this Task Force was to reinstate the City's Human Rights Office, which occurred in 1994. The City's Human Relations Commission undertook a comprehensive review of the anti -discrimination provisions of the City Code, reviewed its findings with the Health and Safety Committee in 1996, and, in 1997, forwarded to the City Manager and the Council Health and Safety Committee an ordinance proposing sweeping revisions to the Code. In September, 1997, in response to citizen input received with regard to the initial draft ordinance, the CityManager was authorized by the Health and Safety Committee to form a Human Rights Ordinance Task Force to make recommendations to the City Manager and City Attorney concerning the need for revisions to this portion of the Code. This thirteen member Task Force met regularly through December 8, 1997, conducted three well - attended public forums, and engaged in lively and respectful discussion concerning the need for changes to the Human Rights Ordinance and the possible provisions to be contained in a newly modified version of the ordinance. The First Ordinance incorporates many of the ideas and direction provided by the Human Rights Ordinance Task Force. Ideas and comments from the Human Relations Commission and other boards and commissions have also been helpful in drafting an ordinance which attempts to strike a balance among competing interests. As with the current Code provisions, this draft First Ordinance continues to prohibit certain bases ofdiscrimination in employment, housing, and public accommodations. It adds harassment and sexual harassment as prohibited bases of discrimination in employment, familial status and public assistance status as prohibited bases in housing, and public assistance status as a prohibited basis in public accommodations. However, this First Ordinance does not addsexual orientation as a prohibited basis ofdiscrimination. This basis would be added by the adoption of the Second Ordinance. In summary, the First Ordinance makes many Task Force and staff recommended changes to the current ordinance, and the Second Ordinance would also add sexual orientation as a prohibited basis of discrimination. The definition ofsexual orientation in this ordinance is the definition recommended by the Human Rights Task Force. The First and Second draft ordinances along with a 4 page summary ofthe changes from the current Human Rights Code provisions and a flow chart are attached as background material. City Council can adopt the first or both ordinances, or submit either or both to the electorate without adopting or after adopting. Additionally, if City Council chooses not to submit either ordinance to the electorate, the electorate would retain the ability to place the matters on the ballot using the referendum process outlined in the City's Charter. " Mayor Azari briefly outlined the process for hearing this item. 313 February 17, 1998 City Attorney Steve Roy and reported on the factual and legal context of this item and spoke of the various committees and task forces that have been reviewing this issue over the past three years. He stated based on their recommendations, staff has drafted proposed changes which have been submitted to Council. He clarified it is Council's responsibility to determine if the evidence, as produced through the public process, warrants changes. He stated staff is not proposing to change existing language regarding employment, housing or public accommodations. He briefly outlined the proposed changes to the Ordinances for consideration and spoke of Council's options. Assistant City Attorney Greg Tempel gave a brief overview of the proposed changes. He noted there were changes to the definitions, expanding basis for discrimination in the area of employment, i.e., harassment and sexual harassment. He reported the process for determining discrimination has been changed and briefly outlined the process. He clarified the City would be responsible for determination of a discrimination violation and that remedies would be imposed by a Hearing Officer and outlined the appeal process of the Hearing Officers determination. Bob Lenk, Chair of the Human Rights Commission, spoke of the process in reviewing the proposed Human Rights Ordinance over the past three years. He stated Ordinance No. 21, 1998 represents substantial protection for citizens. City Manager John Fischbach spoke of the numerous public meetings held and discussions by the Task Force. He believed the proposed revisions were a great improvement to what is currently in effect. Councilmember Kneeland made a motion, seconded by Councilmember, Wanner, to adopt Ordinance No. 21, 1998 on First Reading. Mayor Azari stated a total of one hour would be allocated for public input on each ordinance and that citizens would be allowed 1 % minutes to speak per ordinance. Dainna Cicotello spoke in support of the motion and urged Council to reconsider definition of "gender" and keep the original wording for "sex" meaning biological male, maleness or biological femaleness and create an additional definition for gender indicating behavior exhibited. Tara Tooley, opposed the motion and requested clarification regarding housing practices specifically familial status issues. Robert Wilkinson expressed concerns regarding the definition of employer and spoke of time limits for investigations. John Roybal questioned why the compelling interest in changing the current provisions and expressed confusion regarding whether personal expressions would be acceptable. 314 February 17, 1998 Sean Fowler concurred with comments by the previous speaker and urged Council to let the voters decided at the next general election. John Kafalis urged adoption of the motion, and of the need to protect citizens based on familial status and/or public assistance needs. Brad Edwards urged adoption of Ordinance No. 21, 1998, with the knowledge that it would be amended in the future. Chuck Rhodes owner of rental property expressed concerns regarding familial status. Jim Ringenberg member of the Human Rights Task Force spoke of the jurisdictional grant for a Hearing Officer and of fair hearing rights. Bret Reece spoke of familial status and public assistance concerns. He stated the government should not get involved with the business practices of the private sector. Vernon Jaquist spoke of the need to be cautious in using terms "sex" and "gender". Dan Banuelos supported the motion. City Attorney Steve Roy responded to Council questions regarding qualifications and duties of the Hearing Officer and freedom of speech concerns. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. City Manager John Fischbach clarified that adoption of Ordinance No. 22, 1998, would amend the first ordinance by adding sexual orientation as a basis for discrimination. He reported staff did not have a recommendation. Councilmember Kneeland made amotion, seconded by Councilmember Wanner, to adopt Ordinance No. 22, 1998 on First Reading. 315 February 17, 1998 The following is a list of speakers opposed to and in support of Ordinance No. 22, 1998. Opposed Craig Swain Terry Bristol Bill Young Dan Perryman Sean Fowler Chuck Rhodes Peter Troson John Roblow Steve Busch Sean Fowler Elizabeth Kellogg Cliff Hamlin Pat Weisburg Vernon Jaquist Bob Lawerence Janelle Rohrbach Steve Curry Jim Ringenberg Greg Richard Ray Gustafson Mark Higgins Rustin Clark Al Anderson Brian Skye Justin Daley Lee Worth Bill Daley Duncan Philp Kurk Kastein Larry Bruns Supported K.F. Frank Gibson Mary Schultz Mary Bates Neil Petrie Alma Vigo -Morales Robert Hardcastle Brad Edwards Mark Salkin Audrey Faulkner Dan Banuelos Elizabeth White Terry Summers Rickie Calkins Eric Delehoy Eric Levine Roger Hoover Carrie Fisher Greg Kusey Dainna Cicatello Lauren DeRosa Nelson Westmorland Dan Lyons Linda Devocelle Gardinia Leo John Kafalas Travis Jameson Lear Gloria Ross Laura Rogan 316 Steve Kemper John Salomon Terry Tooley February 17, 1998 City Attorney Steve Roy responded to Council questions regarding filing discrimination claims Councilmember Kneeland spoke in support of the motion and thanked everyone involved for their dedication and effort. Councilmember Smith supported the motion and spoke of the need to provide justice and equal rights for everyone. He urged the community to use Council's decision as a way to reach out to each other, not fight with each other. Councilmember Bertschy thanked all the speakers for their input, stating they showed tremendous courage in expressing their beliefs. Councilmember Mason supported the motion and stated he hoped, after the conclusion of the meeting, the citizens would continue to maintain the level of civility which was shown during the process. Councilmember Byrne spoke of the need to maintain the quality of life that is currently enjoyed. He stated those qualities include tolerance and inclusion in how we treat our fellow citizens. Mayor Azari spoke of her reasons for supporting the motion and the need to live together as a community without fear but with respect. She stated that she believed differences of opinion were a sign of a healthy democracy. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Byrne requested staff review the issue of familial status, as it relates to existing housing which that may not be up to City Code, in terms of child safety. Councilmember Mason requested staff provide Council, before Second Reading, with an option, addressing the transgender issue. 317 February 17, 1998 Items Relating to the Harmony/I-25 Transportation Transfer Center, Adopted on First Reading. The following is staffs memorandum on this item. "Financial Impact The financial implications associated with this project include the following CDOT has offered to purchase this land from the City's Natural Area program. The land consists of approximately eight (8) acres of the Arapaho Bend Natural Area located along Harmony Road in the northwest quadrant of the Harmony Road11-25 interchange, along with two construction and maintenance agreements over approximately one -quarter ofan acre. The total amount ofthe CDOT offer is $136, 730. City staff is in the process of negotiating a final total purchase price with CDOT which maybe higher. The revenue will be returned to the Natural Area program for purchasing additional natural areas in the future. The City will be contributing a total of $230,000 toward the design and construction of the landscape enhancements at the interchange of Harmony Road11-25 in order for the improvements to this area to be compatible with the City's goals of a southern gateway to our community. These funds have been included in the 1998 and 1999 Transportation Planning budget. CDOT is funding the overall project costs for the interchange and Transfer Center of approximately $14 million dollars. In addition, the City will be maintaining the Transportation Transfer Center facility and the enhanced landscaped areas at the interchange. Costs for the maintenance associated with this project will be covered by operational budgets within Transportation Services. Snow removal on Harmony Road and within the Transfer Center will be provided by CDOT. The City will be entering into a formal maintenance agreement with CDOT at a future date. The proposed Intergovernmental Agreement with CDOTrequires the City to maintain in perpetuity wetlands established by CDOT on City property. Staff believes that the cost of maintaining the wetlands, which cover 1,400 square meters, will be negligible because the site is part ofan extensive pond and wetland area that is within the Arapaho Bend Natural Area. Executive Summary A. Resolution 98-32 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for the Implementation of the Wetland Mitigation Plan for the Harmony Road/Interstate 25 Transportation Transfer Center. i3F:l February 17, 1998 In order to address the disturbance to the wetland areas created by this project, CDOT has prepared a Wetland Mitigation Plan which has been reviewed and approved by City staff. At the time of printing of this Agenda Item Summary, the Intergovernmental Agreement is in the process of final review and revisions, and a final version of the Agreement will be included in the Council packet for distribution prior to the February 17 Council meeting. On -going maintenance of the wetland mitigation areas will be the responsibility of CDOT. B. First Reading of Ordinance No. 23, 1998, Authorizing the Sale of City -owned Natural Area Land and Related Easements to the Colorado Department of Transportation for the Construction of the Harmony/I-25 Transportation Transfer Center. The Harmony Road/I-25 interchange and Transportation Transfer Center (TTC) project is consistent with a wide variety of adopted City plans and policies, including the Transportation Master Plan, City Plan, the Air Quality Policy Plan, Harmony Corridor Plan, and the Regional Transportation Plan prepared by the North Front Range Transportation & Air Quality Planning Council. City stafffrom various departments have worked extensively with CDOT on the design of all project elements, including the selection ofthesiteforthe Transportation Transfer Center. Staffcollectively reviewed all four quadrants of the interchange as well as a proposed site at County Road 7 and Harmony Road (see Table 1 - attached). The site selected was determined to be the most beneficial ])from an operational/accessibility perspective for all modes of transportation; 2) to serve as a compatible land use with adjacent properties fitting within the gateway concept for this area; and 3) to be the most economically feasible. In addition, this portion of the natural area land along Harmony Road was originally purchased with the understanding that a portion might be resold in the future for this type of compatible development due to the lack of any outstanding natural area value (see Resolution 95-7, January 3, 1995). City staff has reviewed and approved the various studies/reports prepared by CDOT to address transportation, natural area/environmental, and stormwater/jloodplain impacts based upon locating the Transportation Transfer Center at the recommendedsite. The site designfor the Transfer Center is also in conformance with the City's newly adopted Land Use Code. BACKGROUND: The City of Fort Collins and the Colorado Department of Transportation (CDOT) have worked together over the past 18 months to design the improvements to the interchange of Harmony Road and Interstate 25, including plans for anew Transportation Transfer Center (multimodal park-n- ride). The goal of the project is to enhance the safety and operation of the interchange area for all modes of transportation. The project limits are from County Road 7 to the new frontage road alignment east of I-25. In addition to major bridge and roadway improvements, Harmony Road will include 8'striped, on- 319 February 17, 1998 street bikelanes as well as 7' detached sidewalks with 10' parkways (in some areas sidewalks are attached due to physical constraints). A new intersection will be added east of County Road 7 to provide access to the Transportation Transfer Center (TTC) and to serve a new frontage road for the properties located along Harmony Road. The ITC is designed to accommodate both public and private transitproviders, cyclists, and parking for approximately 230 cars to meet carpool/vanpool and transit arrangements. In the future the Transfer Center will also serve as a trail head for access to the planned expansions of the Poudre River and Fossil Creek off -road trails and a terminal for high frequency transit on Harmony Road. City stafffrom various departments have worked extensively with CDOT on the design of all project elements, including the selection of the site for the Transportation Transfer Center, and have collectively reviewed all four quadrants of the interchange as well as a proposed site at County Road 7 and Harmony Road. The site selected was determined to be the most beneficial 1) from an operational/accessibility perspective for all modes of transportation; 2) to serve as a compatible land use with adjacent properties fitting within the gateway concept for this area; and 3) to be the most economically feasible. For example, the State Land Board property just to the east of the selected site would offer the same degree of accessibilityfor all modes, however it was anticipated to cost approximately $1.8 million dollars more than the Natural Area site to the west based upon preliminary price quotes received by CDOT from the State Land Board. The sites on the east side of I-25 and the site at CR7 and Harmony did not offer the same operational and accessibility benefits as the sites on the northwest and southwest quadrants. The site on the southwest quadrant however, was not economically feasible due to the enormously high cost associated with "buying out " the remaining gravel mining rights. City staff has reviewed and approved the various studies/reports prepared by CDOT to address transportation, natural area/environmental, andstornrwaterffloodplain impacts based upon locating the Transportation Transfer Center at this location. The site design for the Transfer Center is also in conformance with the City's newly adopted Land Use Code. In addition, there are several other factors that reaffirm staffs recommendation to locate the Transfer Center on the City's natural area site. For example, the proceeds from the sale of the site will be paid to the City's Natural Area program and can be used to purchase additional open space or restore areas along the Poudre River corridor. The purchase offer from CDOT is almost three times the price per acre than the City originally paid for the land, thereby increasing the "buying power "for an even greater amount of new land or restoration opportunities. Even if the Transfer Center is not constructed, the City will still need to sell CDOT the land directly adjacent to Harmony Road in order to provide the required frontage road to access the State Land Board property. Also, considering the context of the site within the Harmony corridor, the anticipated employment/commercial growth in this area will support the need for this type of facility to serve as a terminal for the high frequency transit service along Harmony -for both people traveling into and out of the Fort Collins community. The Transfer Center really provides a critical link in the 320 February 17, 1998 City's overall future transportation system - once a traveler leaves the center at Harmony/I-25, it will be possible to connect to the planned southern terminal of Burlington Norther/Mason Street multimodal corridor to reach various connections or destinations throughout Fort Collins (without ever having to bring a car into the City). The Transfer Center and interchange are also planned to include enhanced landscaping to help serve as "gateway "features into the Fort Collins community. The City will be seeking future funds to construct special gateway entrance signage and for architectural enhancements to the bridge over I-25. The median of I-25 and bridge span were also designed to accommodate the potential for future light rail or High Occupancy Vehicle lanes in the center ofI-25. Next steps includefznalizingthe landscapeplanforthe interchange area and Transfer Center. Final design work on theproject is anticipated to be completed in mid -February and construction planned to begin in late spring/early summer 1998. Construction is anticipated to run approximately 18 months, ending in winter 1999. The City and CDOT are developing a joint public information campaign to inform citizens ofroad closures, suggested alternative routes and park -and -ride locations (for those travelers who are currently using the `informal "parking area along Harmony road) as well as promoting carpooling and vanpooling to minimize congestion during construction. " Transportation Planner Kathleen Reavis gave a brief presentation on this item and introduced Dave Martinez, Project Manager with CDOT, Mike Morgan, Right -of -Way Agent with CDOT, and Sean Hahn, Project Manager for J.S. Sotto and Associates. She gave a slide presentation showing the proposed location and stated the site is the safest and most convenient access for all transportation modes. Natural Resources Director Tom Shoemaker shared the perspective of the Natural Resources Advisory Board and stated he did not believe this action would set a precedent that natural areas are for sale. He reported the Air Quality Advisory Board endorsed the proposal, but the Natural Resources Advisory Board did not. He stated the Board's major concerns was regarding the process and manner this items was considered. Reavis stated the Transportation Board supported the project, noting the Board specifically commented on the projects merits and the needs from a multi -modal perspective. Dave Martinez responded to Council questions regarding the number of lanes and signalizaiton. He reported there would be lanes not only for through traffic, but for accelleration and deceleration. He stated proper timing of the signals would alleviate traffic "bottlenecks". Tim Johnson, Chair of the Transportation Board, stated the Transportation Board unanimously recommended the land be purchased for use as a Transportation Transfer Center. He stated the 321 February 17, 1998 Board believed the Center to be a major link in multi -model transportation systems and stated the network of transfer centers will accomplish a major goal identified in City Plan transportation. He stated his personal view of the land sale is that it adds substantial value to the community, equal to the loss of a natural area. Phil Friedman, Natural Resources Advisory Boardmember, stated the NRAB voted 6-1 in opposition of the sale. He stated although the Board was in support of development of the transfer center, it opposed adoption of the resolution because of the circumstances which the Board had to deliberate on the agreement of the sale. He questioned how this particular location was decided on, stating additional locations were outlined for a transfer center. Councilmember Smith made amotion, secondedby Councilmember Mason, to adopt Resolution 98- 32. Councilmember Bertschy supported the motion and thanked staff for its hard work. Councilmember Mason stated he believed this was vital to alternative transportation issues and thanked staff for presenting a great design. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 23, 1998 on First Reading. Councilmember Bertschy supported the motion and of the need to inform various advisory boards at the early stages of such projects. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Transportation Service Area Director Ron Phillips commended CDOT for its cooperation. 322 February 17, 1998 OTHER BUSINESS City Attorney Steve Roy reported the Nauta's have withdrawn their application for rezoning and requested their property remain in the T-Transition Zone. After further discussion and clarification no motion was made, which means the property would remain in the T-Transition Zoning district. Mayor Azari commented on MPO issues and asked that Council be kept appraised if assistance were needed. She requested a joint study session be scheduled with Poudre R-1 School District. Councilmember Wanner requested a two page memo regarding CSU stormwater improvements. Councilmember Mason asked if staff was involved in determining which trees would be removed for the dog park. He requested a two page memo regarding the progress of the Emergency Response Plan. Councilmember Kneeland responded to Councilmember Mason's questions regarding the dog park and stated the tree removal was not involved with the park. She stated the plan is on hold until a policy is developed addressing the removal of trees in natural areas. Councilmember Byrne requested a schedule for Fairbrooke improvements. The meeting adjourned at 11:25 p.m. ATTEST: City Clerk kl� 323