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HomeMy WebLinkAboutMINUTES-11/02/1999-RegularNovember 2, 1999 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, November 2, 1999, 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: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Brad McGrew, 1908 Adriel Court, spoke regarding current truck traffic on Vine Drive. Al Baccili, 520 Galaxy Court, spoke regarding the vendor fee and opposed City funding for the Convention and Visitor's Bureau. Citizen Participation Follow-up City Manager Fischbach stated that a letter has been sent to Mr. McGrew regarding Vine truck traffic. Mayor Martinez stated that there is not sufficient Council support to make any changes regarding the vendor fee. Agenda Review City Manager Fischbach pulled item #13 Second Reading of Ordinance No. 160, 1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for Certain Properties Located Within the West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan Second Subarea Rezoning from the Consent Calendar. 549 November 2, 1999 CONSENT CALENDAR 7. Second Reading of Ordinance No. 154, 1999 Appropriating Unanticipated Revenue in the General Fund for Police Services Drunk Driving Enforcement Program. Ordinance No. 154,1999, which was unanimously adopted on First Reading on October 19, 1999, appropriates $41,000 in grant funds for expenditure in the Police Services Drunk Driving Enforcement Program. 8. Second Reading of Ordinance No. 155, 1999 Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the North College Rezoning_ This Ordinance, which was unanimously adopted on First Reading on October 19, 1999, rezones approximately 2.8 acres of property located on the northwest corner of Cherry Street and College Avenue from the current zoning of POL - Public Open Lands to zone CCR - Community Commercial, Poudre River District. The property was zoned incorrectly in 1997. Second Reading of Ordinance No. 156, 1999 Vacating Portions of the Ri is -of -Way for Morning Dove Lane, South ofDusty Sage Drive as Dedicated on the Harmon Ridge P.U.D. Plat. Ordinance No. 156, 1999, which was unanimously adopted on First Reading on October 19, 1999, vacates the street rights -of -way for Morning Dove Lane south of Dusty Sage Drive. 10. Second Reading of Ordinance No. 157, 1999 Amending Ordinance No 121 1987 by Including in the Landmark Designation of the Power Plant Building and Art Deco Fountain at 430-500 North College Avenue the Landmark Desi gnation of the Rock Garden,Waterway_ Pool, and Historic Plantings Known as the "Grotto" Pursuant to Chanter 14 of the City Code. Ordinance No. 157, 1999, which was unanimously adopted on First Reading on October 19, 1999, approved this request from the leasee of the property, Colorado State University, along with the owner of the property, the City of Fort Collins, to amend Ordinance No. 121, 1987 to include the Rock Garden, Waterway, Pool, and Historic Plantings known as the "Grotto". The designation of the grotto as a Local Landmark will allow Colorado State University to apply for State Historic Fund grants for the stabilization and restoration of the feature. 550 November Z 1999 11. Second Reading of Ordinance No. 158, 1999 Deskmating the Burnett/Killgore House and "Outhouse". 128 North Sherwood Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. Ordinance No. 158,1999, which was unanimously adopted on First Reading on October 19, 1999, approved this request for Local Landmark designation for the Burnett/Killgore House and "Outhouse" as initiated by the owner of the property, Jan Krucky. The building and structure are significant for their architectural importance, as representative examples of vernacular residential architecture typical of the turn of the century. 12. Second Reading of Ordinance No.159,1999 Designating the Clammer/Juel House,Garage, Iron Fence and Stone Walk, 729 Remington Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Elliot Juel Ray, initiated this request for Local Landmark designation for the Clammer/Juel House, Garage, Iron Fence and Stone Walk. The house is architecturally significant as a representative example of a Late 19th - Early 20th Century vernacular residence. The garage, built in the 1930s, has considerable architectural significance in its own right, and contributes to the architectural importance of the property. The property still retains its original wrought -iron fence and stone walkway. Additionally, the property has historical significance for its associations with Mayor Samuel H. Clammer, and with the Christoffer Juel family. Ordinance No. 159, 1999, was unanimously adopted on First Reading on October 19, 1999. 13. Second Reading of Ordinance No. 160, 1999, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for Certain Properties Located Within the West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan Second Subarea Rezoning. The West Central Neighborhoods Plan was adopted by the City Council on March 16, 1999, as a subarea (neighborhood) plan for an "L" shaped area of approximately three square miles located west, southwest, and south of the Colorado State University Main Campus. On June 1, 1999, the Council adopted on Second Reading Ordinance No. 90, 1999, which rezoned most of the properties proposed for rezoning within the Plan's boundaries as recommended in the West Central Neighborhoods Plan. The property located at 1132 West Prospect Road and the properties located north of West Prospect Road, adjacent to Whitcomb Street and Blevins Court, were deleted from the initial rezoning effort and temporarily retained in their existing R-L, Low Density Residential, District to allow staff additional time to work with the property -owners to discuss and evaluate their rezoning issues. Ordinance No. 160, 1999, which was unanimously adopted on First Reading on 551 November 2, 1999 October 19, 1999, amends the zoning map by changing the zoning classification for certain properties located within the West Central Neighborhoods Plan. 14. First Reading of Ordinance No 153 1999 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equipment and Appropriating Funds Related Thereto. This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at 5.25 percent interest rate. The agreement shall be for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement shall provide for renewable one-year terms thereafter, to a total term of five (5) years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. 15. First Reading of Ordinance No. 161, 1999 Amending Section 2-28 of the City Code Pertaining to Regular Meetings of the City Council. The purpose of this proposed Code change is to clearly state the City Council's ability to cancel a regularly scheduled Council meeting. 16. First Reading of Ordinance No. 162, 1999, Designating the South Unit of the Price Paired Home, 626 South Meldrum Street, Fort Collins. Colorado as a Historic Landmark Pursuant to Chanter 14 of the City Code. The owner of the property, David Alciatore, is initiating this request for Local Landmark designation for the South Unit of the Price Paired Home. The building is architecturally important as an excellent example of the Paired American Foursquare, and is one of only a handful of these duplex homes in Fort Collins. 17. FirstReadingofOrdinanceNo. 163,1999 Designating the Arthur and Lillian Andrew House, Barn and Garage. 515-515%2 South Meldrum Street Fort Collins Colorado as Historic Landmarks Pursuant to Chanter 14 of the City Code The owners of the property, Thomas T. and Diane M. Tucker, are initiating this request for Local Landmark designation for the Arthur and Lillian Andrew House, Barn and Garage, 515 - 515%2 South Meldrum Street. The buildings are significant as representative examples of vernacular residential architecture typical of the turn of the century. 552 November 2, 1999 18. Hearing and First Reading of Ordinance No 164 1999 Amending the Zoning Ma on f the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Elizabeth Street Apartments Rezoning. This is a request to rezone approximately 1.925 acres of property located on the north side of West Elizabeth Street between Constitution and City Park Avenue. The property is currently, and has historically been, owned by CSU, and was therefore never zoned. The requested zoning is MMN - Medium Density Mixed -Use Neighborhood District. APPLICANT: Deborrah Willard, Affordable Housing Alliance 11 and Andres Plett, Kaufinan & Broad Multi -housing Group OWNERS: Colorado State University Research Foundation (CSURF) contact: Julie Birdsall 19. First Reading of Ordinance No. 165,1999, Making Various Amendments to the City ofFort Collins Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the fall biannual update of the Land Use Code. On October 21, 1999, the Planning and Zoning Board voted 6-0 to recommend approval of the proposed changes to City Council. 20. Resolution 99-131 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Colorado Department of Transportation Division of Transportation Development for the Provision of Public Transportation Services in Non -Urbanized Areas These grant funds will be used to administer the 5311 and 5310 state grant for Specialized Transportation, and operate FoxTrot and Dial -A -Ride in non -urbanized areas. 21. Resolution 99-132 Finding Substantial Compliance and Initiating Annexation Proceeding for the Fossil Creek Wetlands Annexation. This is a request for a 100% voluntary annexation. The site is approximately 90.43 acres of publicly owned property located south of East Trilby Road and west Timberline Road. The recommended zoning is Public Open Lands (POL), and it is adjacent to a larger piece of Public Open Lands. 553 November 2, 1999 Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 154 1999 Appropriating Unanticipated Revenue in the General Fund for Police Services Drunk Driving Enforcement Pro rg am Second Reading of Ordinance No. 155, 1999 Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the North College Rezoning, 9. Second Reading of Ordinance No. 156, 1999 Vacating Portions of the Ri ts-of-Wav for Morning Dove Lane. South of Dusty Sage Drive as Dedicated on the Harmony Ridge P.U.D. Plat. 10. Second Reading of Ordinance No. 157, 1999. Amending Ordinance No 121 1987 by Including in the Landmark Designation of the Power Plant Building and Art Deco Fountain at 430-500 North College Avenue the Landmark Designation ofthe Rock Garden Waterway_ Pool, and Historic Plantings Known as the "Grotto'. Pursuant to Chapter 14 of the City Code. 11. Second Reading of Ordinance No. 158 1999 Designating the Burnett/Killgore House and "Outhouse". 128 North Sherwood Street, as a Historic Landmark Pursuant to Chanter 14 of the City Code. 12. Second Reading of Ordinance No 159 1999 Designating the Clarnmer/Juel HouseGarane Iron Fence and Stone Walk, 729 Remington Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 13. Second Reading of Ordinance No. 160, 1999, Amending the Zoning Man of the City of Fort Collins by Changing the Zoning Classification for Certain Properties Located Within the West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan Second Subarea Rezoning. 25. Second Reading of Ordinance No. 152, 1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Transportation Services Fund for the Analysis and Determination ofAppropriate Intersection horovements and the Construction of improvements at the Intersection of State Highway 14 and Lemav Avenue 554 November 2, 1999 Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 14. First Reading of Ordinance No 153 1999 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equinment and Appropriating Funds Related Thereto. 15. First Reading of Ordinance No. 161, 1999 Amending Section 2-28 of the City Code Pertaining to Regular Meetings of the City Council 16. First Reading of Ordinance No. 162, 1999 Designating the South Unit of the Price Paired Home, 626 South Meldrum Street, Fort Collins, Colorado, as a Historic Landmark Pursuant to Chanter 14 of the City Code. 17. First Reading of OrdinanceNo.163.1999 Designating the Arthur and Lillian Andrew House Barn and Garage. 515-515%2 South Meldrum Street Fort Collins Colorado as Historic Landmarks Pursuant to Chanter 14 of the City Code 18. Hearing and First Reading of Ordinance No 164 1999 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Elizabeth Street Apartments Rezoning. 19. First Reading of Ordinance No. 165,1999, Making Various Amendments to the City of Fort Collins Land Use Code. Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not removed from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Staff Reports City Manager Fischbach reported on a $7,500 Milagro Foundation grant received by the Library for the purchase of Spanish books for children, provided an update regarding the WalMart application, and noted the receipt of an award from the American Planning Association by the City for the community separator study. 555 November 2, 1999 Councilmember Reports Councilmember Byme reported on Health and Safety Committee discussions regarding the noise ordinance and public nuisance ordinance. Councilmember Bertschy reported on Poudre Fire Authority discussions of expansion ofthe training facility. Ordinance No. 152,1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Transportation Services Fund for the Analysis and Determination of Appropriate Intersection Improvements and the Construction of Improvements at the Intersection of State Highway 14 and Lemay Avenue Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary The City of Fort Collins successfully applied for Federal CMAQ funds for an Alternative Analysis of intersection improvements and the construction of those determined improvements at the intersection ofSH14 and Lemay Avenue. The intersection is currently experiencing both delay and accident problems. Pedestrian connectivity is also an existing problem and this project will build a pedestrian bridge across the Poudre River and sidewalk along Mulberry to connect Lemay to Riverside. Approximately $300, 000 of the project is dedicated to these pedestrian improvements. The proposed Mulberry Lemay Crossing project (WalMart) will add considerable traffic to an existingproblem. Although the Mulberry Lemay Crossing PUD will be financially responsible for improvements to the intersection based on its impacts, staff is also interested in investigating the design of a modern roundabout at this location. Ordinance No. 152, 1999, which was adopted on First Reading with a vote of5-2 on October 19, 1999, appropriates unanticipated revenue and prior year reserves to fund these improvements. " Councilmember Mason asked how intersections are prioritized and what the trigger is for beginning work on an intersection. Eric Bracke, Traffic Engineer, spoke regarding the criteria used in making priority decisions and noted that this intersection has been a priority for many years. Councilmember Byrne asked about the use of the roundabout system. Bracke spoke regarding the use of roundabouts in Loveland. 556 November 2, 1999 Councilmember Weitkunat made a motion seconded by CouncilmemberKastein to adopt Ordinance No. 152, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 99-133 Authorizing the Acquisition of Approximately One -Hundred Sixty -Eight Acres of Land and Associated Water Rights Adopted The following is staff s memorandum on this item. "Financiallmnact Acquisition of the property would cost $1,876,840. Of this, the land cost of $1,638,400 would be paid from the Natural Areas portion of the Building Community Choices capital project. The remaining $238, 440 for acquisition of three shares of Pleasant Valley and Lake Canal Company water rights would be paid by the Water Utility. Sufficient funds are appropriated for both purchases. Executive Summary Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase of 168 acres of land and associated water rights. The majority ofthe land, located at the northeast corner of Trilby Road and Shields Street in southwest Fort Collins, would be incorporated into the City's growing system ofpublic natural areas. Staff has determined that not all of the 168 acres is essential for meeting natural area purposes and has proposed that a portion of the property (approximately 50 acres) be considered for resale for the purposes of meeting the community's need for affordable housing. Resolution 99-133 would authorize the following: (1) purchase of the 168- acre tract of land and associated shares of Pleasant Valley and Lake Canal Company, (2) further investigation of the potential for resale of up to 50 acres of the property within a one-year period for purposes of meeting affordable housing needs, including a right of first refusal to the Fort Collins Housing Authority through February29, 2000,(3) a lease agreement with Russ Jackson, the existing tenant on the property, for continued residence and farming and ranching operations, and (4) naming of the property as the "Hazaleus Natural Area" in honor of the sellers' family. BACKGROUND: Staff has negotiated a purchase and sale agreement with Willing Acres Company for the purchase of approximately 168 acres of land located in southwest Fort Collins at the northeast corner of 557 November 2, 1999 Trilby Road and Shields Street. The purchase and sale agreement is contingent on approval by the City Council and contains the following provisions: (I) purchase price of $1, 876,840for 168 acres ofland and 3 shares ofPleasant Valley and Lake Canal Company, (2) approval ofa lease agreement with Russ Jackson, the existing tenant on the property, for continued farming and ranching for a period of at least six months, (3) naming the area the "Hazaleus Natural Area" in honor of the sellers' family, and (4) satisfactory completion ofall physical and environmental inspections of the property. If approved by Council, the transaction would close on December 14, 1999. The proposed purchase price includes $1, 638,400 for the land and $238,440 for the water ($2, 000 per acre foot). The price of the water represents current market rates. The price for the land represents a significant bargain sale of the property with a donation value estimated at $411, 600. The Land Management Office has reviewed property values in the area with a local appraiser as well as the City's own data on comparable land sales and estimates the actual value of the land itself at $2, 050, 000 ($12,202 per acre). The property is located within unincorporated Lorimer County, inside the City's growth management area. The site is vacant except for a small farm house and associated farm buildings. It is currently zoned FA-1 within Larimer County. The site is eligible for annexation by the City and in the future would probably be zoned a combination of Public Open Land (POL) on approximately 118 acres and Low Density Mixed Use Neighborhood (LMN) on approximately 50acres. The City's Structure Plan shows the property as a combination of open lands and low density mixed -use development. Portions of the site have been included in the City's inventory of Natural Habitats and Features since the inventory was first compiled in 1992. The site contains two small tributaries to Fossil Creek, significant wetland areas, and about 50 acres of land that are generally occupied by prairie dogs. Since much of the site has been used for farming and ranching in the past, much of the vegetation on the site is not native and will require restoration efforts over time. The site is, nevertheless, important for its wildlife habitat values, as a corridor between other natural habitats and features, and for its outstanding scenic and aesthetic qualities. While the property has been included on the City's list of potential acquisition sites since 199Z it has been considered a lower priority for acquisition until recently. The site assumed a higher priority recently due to several factors, including: • Successful acquisition of natural area sites both north and south of this property made this property more important in terms of its potential to provide a significant area of contiguous natural habitat and an effective corridor. • Adoption of the City's prairie dog policy gave a higher priority to acquiring the few remaining unprotected sites with large acreages ofprairie dog colonies. 558 November 2, 1999 • The Natural Resources Advisory Board urged staff to pursue acquisition of the site. • Although several developers were interested in the property, the seller approached the City with a strong interest in seeing the property acquired for public purposes. Based on these factors, staff negotiated the purchase and sale agreement with the Sellers. Acquisition of the parcel has the potential to meet several City objectives. It will add an important area to the City's system of Natural Areas and provide additional opportunityfor both natural area protection and for providing passive recreation opportunities for the community, such as walking, wildlife viewing, bicycling, and horseback riding. The site will alsoprovide right-of-wayfor afuture north -south trail connection to Loveland that is planned in the City's Parks and Recreation Master Plan. The site also offers the opportunityfor development of residential housing to helpmeet the City's affordable housing needs. The latter objective could be met by resale of a portion of the property to an affordable housing developer, either public or private. The concept for the future sale of a portion of the propertyfor affordable housing emerged from four places. In the past, Councilmembers have expressed support for land purchases that served multiple purposes, including affordable housing and natural area proximity. Second, in evaluating the propertyfor acquisition, Natural Resources staff determined that the entire property was not essential to meet natural area purposes in this area. Staff believes development of a portion of the property adjacent to existing development to be appropriate and that it can be accomplished in a manner that is compatible with the adjacent natural area. Third, as Natural Areas staff were discussing the potential acquisition of the site, Advanced Planning staff were discussing with Council the potential to create a land bankfor affordable housing. Together, the two staffs realized that this parcel could help meet both critical needs in the community — affordable housing and natural area protection. Fourth, several affordable housing development interests have expressed interest in the property. For these reasons, staffhas proposed that we continue to evaluate the concept ofresale ofup to 50 acres of the property to helpmeet affordable housing needs. The Resolution does not obligate the Council to sell the property at this time. Rather, it directs the City Manager to further investigate the potential for resale and present his recommendation to the Council. The property would first be offered to the Fort Collins Housing Authority. If the Authority declines the property, staff would conduct a public process to select a purchaser before presenting a recommendation to Council. Staff anticipates completing that process within a nine -month time frame. The purchase and sale agreement for the property also requires that the property be named the "Hazaleus Natural Area ". Staff agrees with this proposal and believes it is consistent with the current policy in place for naming natural areas. That policy places a priority on names that evoke the natural character ofthe land (e.g., Coyote Ridge), but allows properties to be named afterpeople 559 November 2, 1999 if there is a significant donation involved and the seller wishes it, or if the name has some historic or geographic significance, or recognizes someone who has made significant contributions to the community. Staff believes these criteria are met in this instance (see attachment). This acquisition has been reviewed extensively by the Natural Resources Advisory Board at several meetings, most recently at its October 20, 1999 meeting (minutes attached). The Board voted to support the acquisition of the site (7 for, I against). They also voted to support the further evaluation of resale of a portion of the propertyfor affordable housing purposes (7 for, 0 against, 1 abstention). The NRAB did not support naming the site "Hazaleus Natural Area", instead recommending that the family be recognized and honored in another mutually agreeable way (5 for, 3 against). The Board believes that the current policy that allows naming natural areas for families or people is too vague and needs to be revised to provide greater clarity regarding what is a "significant" donation, and the nature of the contributions to the community. The Board believes that the donation value should be a very substantial portion of the total value and that those who are honored should have made significant contributions in the area of natural area or environmental protection. The board voted unanimously to recommend immediate review of the policy regarding naming natural areas. " Tom Shoemaker, Natural Resources Director, presented a description of the property and stated that this is a unique opportunity to add to the City's inventory of natural areas and trails corridor. In addition, a portion of the property adjacent to existing development could be made available for resale to meet affordable housing needs. He noted that the Resolution provides that the area would be named the Hazaleus Natural Area and stated that the Natural Resources Advisory Board has expressed concerns regarding the City's policy for naming of City facilities. City Manager Fischbach stated that staff is working on developing a naming policy. Susan Hazaleus, 2015 Meade Street, Denver, spoke regarding the Hazaleus family and the property. She spoke regarding a sewer line on the property that could serve affordable housing. John Hazaleus, no address given, spoke regarding the Hazaleus family and their contributions to the community. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the City's naming policy. Kevin Oldgenburns, no address given, supported naming the natural area after the Hazaleus family and adoption of a clearer naming policy in the future. Sally Craig, 1409 South Summitview, spoke regarding the need for better definitions regarding donations. -M November Z 1999 Councilmember Kastein asked about the approval process for natural areas acquisitions. City Attorney Roy stated that Council approval is not required when funds have been appropriated and that this acquisition is presented for Council consideration because of the contingencies in the purchase and sale agreement. Councilmember Kastein asked about the impact on the stream and trails corridor if this property is not acquired. Shoemaker stated that the Land Use Code includes provisions regarding the protection of wetlands and stream corridors and that this purchase would provide a larger buffer area. Councilmember Kastein asked for additional information regarding the purchase price, the amount of the donation, and how long the property has been for sale. Shoemaker stated that the property has been for sale for longer than a year and spoke regarding the reasons for revision of the donation value. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 99-133. Councilmember Weitkunat spoke regarding the natural areas goals that will be accomplished through the acquisition of this property and noted that the Natural Resources Advisory Board should not have focused on the naming issue since there is a naming policy currently in place. Councilmember Bertschy stated that this property will be a valuable addition to the natural areas inventory and spoke regarding the community contributions of the Hazaleus family. He noted that the City is working on the naming policy. Councilmember Mason thanked the Hazaleus family for its donation and thanked the Natural Resources Advisory Board for bringing the naming issue to Council's attention. Councilmember Kastein stated that this property has not been a high priority compared to other acquisitions and that the focus should be the acquisition of higher priority properties. Mayor Martinez thanked the Hazaleus family for its donation and contributions to the community. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Martinez, Mason, Wanner and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED 561 November Z 1999 Ordinance No. 160,1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for Certain Properties Located Within the West Central Neighborhoods Plan and Known as the West Central Neighborhoods Plan Second Subarea Rezoning Postponed on Second Reading, The following is staff s memorandum on this item. "Executive Summary The West Central Neighborhoods Plan was adopted by the City Council on March 16, 1999, as a subarea (neighborhood) plan for an "L"shaped area ofapproximately three square miles located west, southwest, and south of the Colorado State University Main Campus. On June 1, 1999, the Council adopted on Second Reading Ordinance No. 90, 1999, which rezoned most ofthe properties proposed for rezoning within the Plan's boundaries as recommended in the West Central Neighborhoods Plan. The property located at 1132 West Prospect Road and the properties located north of West Prospect Road, adjacent to Whitcomb Street and Blevins Court, were deleted from the initial rezoning effort and temporarily retained in their existing R-L, Low Density Residential, District to allow staffadditional time to work with the property -owners to discuss and evaluate their rezoning issues. Ordinance No. 160, 1999, which was unanimously adopted on First Reading on October 19, 1999, amends the zoning map by changing the zoning classification for certain properties located within the West Central Neighborhoods Plan. " Councilmember Weitkunat withdrew from discussion on this item due to a perceived conflict of interest. ("Secretary's Note: Councilmember Weitkunat out of room.) Councilmember Byrne spoke regarding the concerns expressed by property owners regarding the feasibility of development. Ken Waido, Chief Planner, spoke concerning the vision of the West Central Neighborhoods Plan regarding high density and long term redevelopment. Councilmember Byrne asked about the need for consolidation and demolition to accomplish redevelopment and the concerns ofproperty owners regarding feasibility. Waido stated that property could become available for consolidation in the future and that existing structures and uses could continue to exist. Councilmember Byrne asked how the City would facilitate redevelopment. Greg Byrne, CPES Director, stated that redevelopment would be facilitated by the City wherever appropriate but that there has been no discussion regarding the City acquiring property and reconveying it for private development. 562 November 2, 1999 Councilmember Kastein spoke regarding the goal to increase the number of housing units close to CSU and the feasibility of increasing the number of units with lower density. City Manager stated that redevelopment is more likely to occur with higher density because of the greater economic return to the property owners and that the West Central Neighborhood Committee recommended the plan. Jim Swanstrom, 818 East Swallow Road, expressed concerns regarding the feasibility of redevelopment in an area with small lots and suggested a lower density that would allow reuse of existing buildings. Robert Swanstrom, 4325 Picadilly Drive, property owner at 604 West Prospect, expressed concerns regarding the proposed extreme high density in an area with small lots. He asked for consideration of lower density. Roy Swanstrom, 200 Blevins Court, expressed concerns about the feasibility of redevelopment in this area with the proposed high density and noted that such redevelopment would require existing structures to be torn down. Mayor Martinez asked if any other areas in Fort Collins have density that is this high. Waido stated that there are no other areas with density this high and that there are no other areas in a comparable location adjacent to CSU. Councilmember Mason asked why the neighborhood supported higher density. Waido stated that student housing adjacent to campus would relieve pressure on the neighborhoods. Councilmember Bertschy asked why lower density was not recommended. Waido stated that MMN zoning was considered and explained the rationale for the higher density and mixed uses. Mayor Martinez asked if input has been received from other developers besides the Swanstroms regarding the feasibility of development. Waido noted that one other developer voiced opposition. Councilmember Byrne noted that the redevelopment could happen more quickly under other conditions and suggested exploring other alternatives. Councilmember Byrne made a motion, seconded by Councilmember Bertschy, to postpone consideration of Ordinance No. 160, 1999 until after January 1 to allow time to further explore the issues raised. Councilmember Kastein suggested giving staff direction concerning the issues to be explored. 563 November 2, 1999 Councilmember Byrne spoke concerning the issue of feasibility of redevelopment in the near future and asked staff to take a closer look at this issue. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.) BUDGET CONSENT ITEMS 28. Items Relating to Utility Rates for 2000. A. First Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Fees and Charges for Water. B. First Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article TV, Division 4 of the City Code Relating to Wastewater Fees and Charges. C. First Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Rates and Charges. D. First Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII, Division 2 of the City Code Relating to Stormwater Fees. E. First Reading of Ordinance No. 170, 1999 Amending Chapter 26 of the City Code Relating to Fees for Raw -water Requirements for the Water Utility. These five ordinances increase the City's utility rates for water by an average of 6%, wastewater by 2% and stormwater by 10%. The rate increase for water varies by customer class based on the Utilities' cost of service study. There is no monthly rate increase for electric customers; however, the charge for initiating a new service will increase. The Water and Electric Boards have reviewed the rate changes in conjunction with their discussions on the recommended 2000-2001 budget. 0651 November 2, 1999 29. First Reading of Ordinance No. 171, 1999, Amending the City Code to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation Based on the Denver -Boulder Consumer Price Index. In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital improvement expansion fees for Library, Community Parkland, Police, Fire, and General Government services. The purpose of the fees is to have new development pay a proportionate share of the capital improvements and equipment that will be necessary to provide services to the development. The Code provisions approved by the Ordinance provide for the annual adjustment of the fees to keep up with inflation, using the Denver - Boulder (now Denver -Boulder -Greeley) Consumer Price Index. The City has imposed a Parkland Fee for neighborhood parks since 1968. In August of 1996, Council adopted Ordinance No. 105, 1996, which conformed the Neighborhood Parkland Fee to the housing size differentials in the Capital Improvement Expansion Fee ordinance, and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland fees were adjusted for inflation in 1997 and 1998 along with the Capital Improvement Expansion Fees. Based on the Denver -Boulder -Greeley Consumer Price Index for all urban consumers, the inflation level since the last annual adjustment is an increase of 2.87%. This Ordinance adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation. All amounts have been rounded to the nearest dollar. 30. Resolution 99-134 Adopting an Amendment to the Financial Management Policies On April 20, 1999, Council adopted Resolution 99-46. That Resolution established the Principles for Budget planning including the categorization of services and priorities of funding. These Principles guide in planning the allocation of limited resources to best meet the service needs for the good of the whole community. The Principles also provide a written framework that will help residents better understand why and how decisions regarding the allocation of resources to meet service needs are made. Resolution 99-46 also directed the City Manager to prepare an amendment to the City's Financial Management Policies to incorporate the Principles for Budget Planning and to present that amendment for Council consideration as part of the 2000 and 2001 budget process. The amendment adopted by this Resolution will become part of the Financial Management Policies of the City. The Policies remain in effect until they are subsequently amended or repealed by Council action. ;no November 2, 1999 31. Resolution 99-135 Adopting a Revenue Allocation Formula to Define the City of Fort Collins' Contribution to the Poudre Fire Authority Budget for the Year 2000 for Operations and Maintenance. Adoption of the Resolution will establish a Revenue Allocation Formula (RAF), thereby defining the City's contribution to the Poudre Fire Authority in 2000 for operations and maintenance. 32. Items Relating to the 2000 Downtown Development Authority Budd A. First Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2000. The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for 2000, totaling $281,163, and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of October 20, 1999. B. First Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2000. This Ordinance appropriates funds for the payment of debt service related to DDA projects for 2000, as approved by the DDA Board on October 7, 1999. Included in this Ordinance is a recommended appropriation of $100,000 to be used for debt service obligations incurred by the City for the acquisition and renovation of facades, construction and installation of public improvements and acquisitions of property interest. City staff is recommending the Council appropriate $282,129, in the DDA Debt Service Fund budget approved by the DDA Board. This appropriation represents the DDA's share of the annual payment on the certificates of participation used to finance the Civic Center Parking Structure. According to agreements between the City, the County, and the DDA, each party will be responsible for one-third of the lease payments attributable to the parking structure for the period 1999 - 2006. After 2006, when the DDA tax increment sunsets, the City and County will equally share in the DDA's commitment through 2016. 566 November 2, 1999 Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 28. Items Relating to Utility Rates for 2000. A. First Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Fees and Charges for Water. B. First Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article TV, Division 4 of the City Code Relating to Wastewater Fees and Charges. C. First Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Rates and Charges. D. First Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII, Division 2 of the City Code Relating to Stormwater Fees. E. First Reading of Ordinance No. 170, 1999 Amending Chapter 26 of the City Code Relating to Fees for Raw -water Requirements for the Water Utility. 29. First Reading of Ordinance No. 171, 1999, Amendingthe e City Code to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation Based on the Denver -Boulder Consumer Price Index. 32. Items Relating to the 2000 Downtown Development Authority Budget A. First Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2000. B. First Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2000. Frs November 2, 1999 33. First Reading of Ordinance No. 174, 1999 Being the Annual Aproropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years Beginning January 1, 2000, and Ending December 31 2001 and Fixing the Mill Lew for Fiscal Year 2000. Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt and approve all items on the Budget Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Budget Consent Calendar Follow-up Councilmember Mason spoke regarding previous discussions regarding the need for stormwater inspection at new development sites. City Manager Fischbach stated that staff is currently reviewing the issue and will have a recommendation within a month. Ordinance No. 174,1999 Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years Beginning January 1, 2000, and Ending December 31, 2001, and Fixing the Mill Levy for Fiscal Year 2000, Adopted on First Reading The following is staff s memorandum on this item. "Financiallmpact This Ordinance represents the annual appropriation for fiscal year 2000, and adopts the total City Budget for fiscal year 2000 at $376,193,382 and for fiscal year 2001 at $391,911,977. This Ordinance also appropriates the Firefighters' Pension Fund of $2,521,232 for 2000 and sets the City mill levy at 9.797 mills for fiscal year 2000. Executive Summary There have been three study sessions involving discussion of the 2000-2001 budget for the City of Fort Collins. In addition, two Public Hearings were held along with input from the Boards and Commissions of the City to aid in the development of the budget. From City Council direction and the input from the public and boards and commissions, the City offort Collins 2000-2001 Biennial Budget was developed and is now presented to City Council for consideration and adoption and to appropriate the necessary monies to fund the budget for fiscal year 2000. The second reading ofthis G7d11 November 2, 1999 Ordinance to adopt the 2000-2001 budget and appropriate monies for fiscal year 2000 is scheduled for November 16, 1999. The Net City Budget, which excludes internal transfers between funds and Firefighters' Pension, is $255,434,439 for 2000 and $268,340,595 for 2001. The Net City Budget is allocated to: 2000 2001 Operations $204,878,807 $207,811,971 Debt Service $ 7,171,984 $ 7,207,273 Capital $ 43,383,648 $ 53,321,351 This Ordinance also sets the 2000 City mill levy at 9.797 mills, unchanged since 1991. BACKGROUND: The development of the 2000-2001 budget began in March of this year. In April, Council adopted Resolution 99-46 that set some principles for budget planning including service priorities for the City. Input for development of the budget was received from two ofcial public hearings, as well as through other citizen participation, and from the City's boards and commissions. Three budget study sessions were held. Acknowledging the input ofthe public and the boards and commissions, Council directed that the following service additions be included in the 2000-2001 budget for the City. 2000 2000 2001 2001 Ongoine One-time Ongoing One-time Primary Services Cottonwood Park Maintenance 30,392 24,346 Stewart Case Park Maintenance 52,169 65,126 Civic Center Park Maintenance 30,317 13,025 Harmony Park Maintenance 35,997 44,936 Park Facility Maintenance 48,852 15,000 Regional Trails 14,408 8,136 7,457 4,210 Median Maintenance 36,165 22, 050 Horticulture Center 110,000 110,000 Parking Structure 46,500 6,326 City Office Building O&M 97,700 1-25Interchange 140,000 100,000 100,000 Facilities Major Maintenance 100,000 288,700 100,000 323,000 Police Staffing 484,330 179,168 569,604 199,609 CADIRMS-Police 58,309 CAD/RMS-Municipal Court 50,000 50,000 800 MHZ System 264,000 350,000 569 Land Bank Affordable Housing Production Land Use Code E. Mulberry Corridor Project Zoning Inspector Plans Analyst Building Inspector Contract Development Review Engineer Development Review Engineer Hearings Officer Traffic Signal Timing System Transportation Planning/Local Match Municipal Court Move Public Nuisance Abatement Coordinator Fall Leaf/Xmas Tree Drop-off Central Recycling Drap-off Site Construction/Demolition Debris Renovation of Old Town Parking City Wind Power @ 3%-5% Community Separator Plan Total Primary Services Secondary Services Hickory Park Youth Activities Center Rent Community Mediation Bilingual Library Assistant Bilingual Student Aides Technology Training Librarian Museum Administrative Clerk Humane Society Contract Arts Alive Total Secondary Services Support Services November 2, 1999 2000 2000 2001 2001 Oneoing One-time Onizoin One-time 250,000 500,000 160,036 228,879 20,000 20,000 127,000 30,720 66,576 1,897 59,681 25,457 68,176 10,000 64,077 1,000,000 250,000 24,000 31,000 75,000 63,275 26,590 10,000 15,000 100,000 20,000 95,000 27,000 40.000 $1,867,597 $2,860,572 $1,249,963 $1,611,064 250,000 48,000 64,163 60,276 22,000 18,500 250,000 51,000 70,174 22,000 19,217 24,172 8,000 70,000 $186,328 $390,000 $ 78,174 $323,000 570 November 2, 1999 2000 2000 2001 2001 Ongoing One-time Ongoing One-time Systems Analysts 244,140 244,140 GIS Strategic Plan 239,140 178,412 April City Election 160,000 Employee Parking 56,000 56,000 Video Program 18,000 18,000 Total Support Services $0 $557,280 $300,140 $356,412 Total for Additions/ Enhancements $Z053,925 $3,807,852 $1,628,277 $2,290,476 *Resources Available 2,292,957 6,676,679 1,837,256 2,868,827 Net Available $239,032 $2,868,827 $ 208,979 $ 578,351 * This includes estimated available resources included in the City Manager's recommended budget as well as updated sales tax revenues through August 1999. 2001 Budget Exception Process Council directed that a number of items be put on a `priority" list to be considered during the 2001 budget exception process. These items are as follows: 1. 2. 3. 4. 5. 6. 7. 8. Larimer County Recycling Center Expansion ($100,000 one-time) Air Quality Monitoring Equipment ($75, 000 one-time) Community Separator Grant Match ($40, 000 one-time; $40, 000 is budgeted in 2000) Water Quality Monitoring ($125, 000 to $150, 000 ongoing) Traffic Signal Timing system ($3.0 to $4.0 million one-time) General Employees Retirement Plan/Cost of Living Adjustment ($843,900 one-time) Human Services Grant Program/Contract Pollution Prevention ($92, 000 ongoing; $27, 000 one-time; staff to develop a plan during the next 6 months) 571 November 2, 1999 9. Formula for dealing with "overage" of revenues for street maintenance expenses Staff will continue to monitor revenue collection throughout 1999 as well as analyzing revenue projections for the years 2000 and 2001. Any revision of revenue projections (whether up or down) will be included as part of the 2001 exception process. " City Manager Fischbach presented the recommended budget, as amended subsequent to Study Session discussions with the Council, for the years 2000 and 2001. He stated that the ordinance appropriates the monies for fiscal year 2000 and that the total City budget for 2000 is $378,714,614. The recommended budget for 2001 is $391,911,977. He spoke regarding the budget preparation and review process and stated that the budget focuses on increasing primary services in key areas: (1) police services; (2) facilities maintenance; (3) affordable housing; (4) planning and development review; and (5) streets and transportation services. He noted that the budget includes resources to support operations and maintenance of new facilities that will be completed in the next two years and that consideration will be given in discussions of the update to the 2001 budget for expansion ofthe Larimer County recycling center, traffic signal timing system, environmental services, creating a formula to deal with future overages in revenue collection and how to apply it to streets maintenance, air quality monitoring equipment, the community separator grant match, and the General Employee Retirement Plan cost of living adjustment. Tim Johnson, representing the Transportation Board, asked Council to consider ways to deal with the chronic annual street maintenance deficit. Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the budget process and compared items that were funded with items that were not funded. Sally Craig, 1409 South Summitview, spoke regarding funding for development review engineers for 2001 and operations and maintenance costs for the horticulture center. Randy Fischer, 3007 Moore Lane, spoke regarding the recycling center expansion funding and asked for full funding for the community separator study and pollution prevention. Councilmember Bertschy asked about policy changes that would be needed to deal with the street maintenance deficit. City Manager Fischbach stated that the Finance Committee will be discussing the issue and the implications for other City services. Councilmember Bertschy asked about City policies for adding full time employees (FTE's) when new facilities such as the horticulture center are brought online. City Manager Fischbach stated that the recommendation for adding FTE's for the horticulture center is in line with City policies and that new FTE's are recommended only if there is confidence that they can be funded permanently. 572 November Z 1999 Councilmember Bertschy asked for clarification regarding ongoing funding for the development review engineers. City Manager Fischbach stated that item will be funded before Second Reading. Councilmember Weitkunat asked for clarification regarding the mill levy and the process for projection of revenues. City Manager Fischbach stated that the mill levy is not changing, that each source of revenue is reviewed separately and that revenue projections are conservative. Councilmember Wanner supported making every effort to meet maintenance shortfalls before starting new secondary programs and asked for further work on the street maintenance issue prior to Second Reading. He expressed concerns regarding the scale of the horticulture center and requested analysis of the history of the project as well as the current proposal. He requested additional information regarding the community separator study. Councilmember Mason asked for an analysis of the benefit of funding for the community separator study prior to Second Reading of the ordinance. He also asked for information on moving the exemption process to late spring and asked about the schedule and 2000 capital funding for the horticulture center. Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 174,1999 on First Reading with direction to the City Manager to consider Council's comments for possible amendment on Second Reading. Councilmember Byrne commended staff for their work on preparation of the budget and spoke regarding long term fiscal impacts and prioritization of services. Councilmember Bertschythanked staff for their hard work on the budget and highlighted major areas of the budget. Councilmember Mason expressed thanks to staff for their work on the budget. Mayor Martinez thanked staff for a job well done on the budget. 573 November 2, 1999 The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Executive Session Authorized Councilmember Wanner made a motion, seconded by Councilmember Mason, to adjourn into Executive Session to discuss legal matters. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: The meeting adjourned into Executive Session at 8:20 p.m. and reconvened following the Executive Session at 8:45 p.m.) Other Business Councilmember Byrne asked about the next steps in the process due to the passage of the citizen initiative on the truck bypass. City Manager Fischbach stated that he would provide an outline of the process within the next few weeks. Adjournment Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adjourn to 6:00 p.m. on November 9,1999 for evaluations for the City Manager, City Attorney and Municipal Judge. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED The meeting adjourned at 8:45 p.m. ATTEST: City Clerk Mayor 574