HomeMy WebLinkAboutMINUTES-08/03/1999-RegularAugust 3,1999
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, August 3, 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, Harris, Roy.
Citizen Participation
Marie Hasan, 2715 Brookwood Court, spoke regarding the need to take personal responsibility to
prepare for Y2K and other possible emergencies and suggested that the City sponsor a Preparedness
Week and widely distribute Y2K brochures.
Leabelle Schwartz, 2800 Whitworth Drive, spoke regarding neighborhood preparedness for Y2K and
asked the Council to take a more proactive position regarding Y2K.
Randy Fischer, 3007 Moore Lane, Natural Resources Advisory Board member, expressed concerns
regarding the possible location of a minor league baseball stadium in the river corridor and the
possible use of public funds for such a project, and he suggested NRAB review of the matter. He
also expressed a concern regarding the placement of issues such as Item #23 on the Consent
Calendar.
Jeff Hogan, Fort Collins resident, spoke regarding Y2K preparedness in the neighborhoods
Steve Erickson, 2613 LaPorte, expressed concerns regarding easy access to pornographic websites
on computers in the libraries and public schools.
Michael Lindemann, 524 Dennison, read a prepared statement regarding overseas disruptions that
might result from Y2K problems.
Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the drought in many parts of the
country and ideas to help fanners impacted by the crisis.
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August 3, 1999
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding recent erosion of the citizen
participation process and objected to the Mayor changing the time limits for the final speakers under
Citizen Participation. He also spoke regarding protection of the river corridor.
Al Bacilli, 520 Galaxy Court, spoke regarding the vendor's fee and the sales tax on food.
Citizen Participation Follow-up
Councilmember Mason asked for a report from the DDA regarding the site selection for a baseball
stadium. He suggested that for future meetings the 30 minutes for Citizen Participation be allocated
equally among those who wish to speak.
Mayor Martinez agreed regarding the allocation of time for Citizen Participation at future meetings.
Councilmember Bertschy asked that Mr. Bacilli be provided a copy of the report received by Council
regarding the vendor's fee, and he noted that any change in the vendor's fee would require a vote of
the people because it would constitute a revenue increase and would be subject to TABOR.
Councilmember Kastein stated that the Library Director has recently prepared a memo regarding
options to restrict access to pornography on library computers. City Manager Fischbach stated that
he will request preparation of a written report on the issue.
Councilmember Mason asked about Boards and Commissions reviews of the baseball site selection
issue. City Manager Fischbach spoke regarding the City processes that will need to be followed.
Councilmember Bertschy noted that he has requested information regarding the impact of the
floodplain study on future developments, such as a baseball stadium, along the river corridor.
Councilmember Mason noted that he has previously requested a list of all possible DDA and public
or private downtown developments.
Councilmember Weitkunat explained the vendor fee and stated that the fee is reasonable for the sales
tax collection services performed by businesses.
Councilmember Kastein inquired whether the Council should discuss issuing a statement regarding
preparation for Y2K.
Councilmember Mason suggested further discussion regarding a Y2K statement at a study session
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August 3, 1999
Mayor Martinez spoke regarding the City's efforts concerning Y2K.
Agenda Review
Kelly Ohlson, 2040 Bennington Circle, requested withdrawal from the Consent Calendar of item
#14 Second Reading of Ordinance No. 121, 1999, Appropriating Prior Year Reserves in the Sales
and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel, item #18Items Relating
to Calling a Special Election for November 2, 1999, and Placing Proposed Charter Amendments
on Said Ballot, and item #23 Resolution 99-99 Recommending that the Board of County
Commissioners Adopt the Larimer County Land Use Code Following Amendment Thereof as
Suggested by the Council.
CONSENT CALENDAR
8. Second Reading of Ordinance No. 115, 1999, Appropriating Unanticipated Revenue and
Prior Year Reserves in the Transit Services Fund to be Used for the Provision of Transit
Services.
Ordinance No. 115, 1999, was unanimously adopted on First Reading on July 20, 1999, and
appropriates additional federal funds made available in 1999 for the City as well as
transferring funds from the Transit Services Fund prior year reserves for the required local
matching funds.
9. Second Reading of Ordinance No. 116, 1999, Authorizing the Transfer of Appropriations
from the General Fund to the Debt Service - Certificates of Participation Fund for the
Purpose of Making the Payments on the 1998 Lease Purchase Certificates of Participation
(Civic Center Facilities Project).
Ordinance No. 116, 1999, which was unanimously adopted on First Reading on July 20,
1999, provides for the internal transfer of the General Fund and Downtown Development
Authority Debt Service Fund appropriations to the new Debt Service - Certificates of
Participation Fund.
10. Second Reading of Ordinance No. 117. 1999, Appropriating Unanticipated Revenue In the
Capital Projects Fund to Be Used For The Downtown Intersection Renovation Project.
Ordinance No. 117, 1999, which was unanimously adopted on First Reading on July 20,
1999, appropriates $162,355 of existing appropriations within the General Improvement
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District #1 Fund in the Capital Projects Fund. The money will be used to begin the design
work and preliminary engineering for the project.
11. Public Hearing and Second Reading of Ordinance No. 118, 1999, Authorizing the Issuance
ofNot to Exceed $8,980,000 ofPrivate Activity Bonds for the Dry Creek Apartments Project
and Authorizing the Execution of Certain Related Documents and Instruments.
Representatives from Concorde Capital Corporation contacted the City of Fort Collins in
December of 1998 requesting that the City consider issuing private activity bonds for the
purpose of supporting an affordable housing project. The project will consist of up to 150
dwelling units. Twenty-seven of the units will be for individuals or households making no
greater than 60% of area median income. Forty percent of the units will be for households
under the 50% median income level. The remainder of the project (33%) will be rented at
market rates. The City Council considered the request and approved a resolution inducing
the project on January 19, 1999. This action used all of the City's 1999 private activity bond
allocation of $2,684,075. Concorde Capital and City staff prepared an allocation to the state
for additional bonding capacity and made a presentation to the state allocation board. The
board awarded $6.3 million of additional allocation to the project. Ordinance No.118,1999
was unanimously adopted on First Reading on July 20, 1999.
12. Second Reading of Ordinance No. 119. 1999, Authorizine the Conveyance of a Parcel by a
Quit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them
by the City.
In September 1999, the City plans to construct a right -turn lane to alleviate congestion at the
southwesterly corner of the Horsetooth/Mason Street Intersection. Two properties are
affected by the project. The corner lot has already been purchased by the City. An agreement
has been reached with Dayton Family LLP, owner of the adjacent property, "Horsetooth
Lanes". As part of the Dayton agreement, the City needs to convey to the Dayton Family
LLP sufficient property to allow for the replacement of 21 parking spaces to be eliminated
as a result of the conveyance to the City. These spaces will be constructed on a portion of
the corner lot and transferred to the Daytons by Quit Claim Deed. Ordinance No. 119,1999
was unanimously adopted on First Reading on July 20, 1999.
13. Second Reading of Ordinance No. 120,1999, Amending Section 2-32ofthe City Code With
Reeard to the Posting_of Public Notice of the Meetings of Council Committees.
The City Code provisions pertaining to open meetings presently require that all Council
committee meetings at which a majority or quorum is in attendance must not only be open
to the public but shall be held only after full and timely notice to the public. In the case of
three -member Council committees, this could be construed to mean that no two Council
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August 3, 1999
members who are on the same committee can discuss anypublic business without the posting
of notice. Ordinance No. 120, 1999, which was unanimously adopted on First Reading on
July 20, 1999, requires that any such discussions remain open to the public but would not
require the posting of the prior public notice before they could occur.
14. Second Reading of Ordinance No. 121.1999. Appropriating Prior Year Reserves inthe Sales
and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel.
Ordinance No. 121, 1999, which was unanimously adopted on First Reading on July 27,
1999, appropriates prior year sales and use tax reserves to partially fund restoration of the
Northern Hotel.
15. Items Relating to the Mason Street Transportation Corridor Project.
A. Resolution 99-94 Authorizing an Exemption to the Use of a Competitive Process for
Additional Professional Services in Connection with the Mason Street Transportation
Corridor Project.
B. First Reading of Ordinance No. 122, 1999, Appropriating Prior Year Reserves in the
Sales and Use Tax Fund for Transfer to the Building Community Choices Streets and
Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason
Street Transportation Corridor Capital Project.
The Mason Street Transportation Corridor Project ("Corridor") is in the planning and design
stage. The original scope of work issued to the consulting firm of Balloffet & Associates,
Inc. (`Balloffet") for planning and design of the Corridor does not include a comprehensive
travel origin and destination study. The purpose of this study is to identify transportation
opportunities along the Corridor, accurately predict transit usage, and develop a multi -modal
transportation model. This Ordinance appropriates revenue dedicated to the project to fund
an addendum to the scope of work for Balloffet for a vehicle intercept origin and destination
survey, a transit on -board survey, and a special generator study for Colorado State
University.
16. Items Relating to Upgrading Crossing Warning. Devices.
A. Resolution 99-95 Authorizing the City Manager to Enter into an Agreement with the
Colorado Department of Transportation, and the Burlington Northern Santa Fe
Railway Company for Upgrading the Crossing Warning Devices at the West Drake
Road and Burlington Northern Santa Fe Railroad Crossing.
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B. First Reading of Ordinance No. 123, 1999, Appropriating Unanticipated Revenue in
the Capital Projects Fund Minor Streets Capital Project to Be Used to Upgrade
Crossing Warning Devices at the West Drake Road and Burlington Northern Santa
Fe Railroad Crossing.
The agreement with the Colorado Department ofTransportation (CDOT), and the Burlington
Northern and Santa Fe Railway Company (BNSF), is for upgrading the crossing warning
devices at the West Drake Road and BNSF crossing. The project consists of upgrading the
existing signal system and adding gates to improve safety. A "constant warning device" that
monitors the track for approaching trains will also be upgraded with new equipment. The
"constant warning device" minimizes the delay to traffic at the crossing. The new equipment
will also reduce the risk of equipment failure which can cause extensive delays to traffic.
17. First Reading of Ordinance No. 124, 1999, Appropriating Unanticipated Revenue and Prior
Year Reserves in the Transportation Services Fund and Authorizing the Transfer of
Appropriations Between Funds for the Local and Regional Transportation Demand
Management Programs.
These dollars will be used by the City of Fort Collins and the North Front Range
Transportation and Air Quality Planning Council (the "NFRT&AQPC") to promote the use
of alternative transportation and raise awareness of air quality issues and steps that can be
taken by citizens to help preserve good air quality. The monies are part of a state grant of
federal transportation dollars allocated to the City of Fort Collins by the NFRT&AQPC.
18. Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed
Charter Amendments on Said Ballot.
A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to
be Held in Conjunction with the November 2, 1999 Latimer County Coordinated
Election.
B. First Reading of Ordinance No. 126, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of
the City Charter, Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article X of the City
Charter, Pertaining to Initiative and Referendum.
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August 3, 1999
D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered
Electors ofthe City ofFort Collins Proposed Amendments to Article D{, Section 1(b)
of the City Charter, Pertaining to the Commencement of Recall Proceedings and the
Scheduling of a Recall Election.
E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City
Charter Pertaining to the Appearance of Names on Election Ballots.
F. First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9
of the City Charter Exempting Special Purpose Committees from Conflict of Interest
Rules.
19. First Reading of Ordinance No. 131, 1999, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and
Projects for the Multi -Jurisdictional Drug Task Force.
For the past twelve years, Fort Collins Police Services has applied to the Colorado Division
of Criminal Justice for federal drug grant monies to help fund the investigation of illegal
narcotics activities. Fort Collins is once again joined with other members of the Drug Task
Force, to include the Loveland Police Department, Larimer County Sheriff's Department and
the Colorado State University Police Department, in one application for funding of the
multijurisdictional drug task force to be administered by the City of Fort Collins. As
administrator of the 1999-2000 grant, Police Services will assure funding to other
participating agencies for their share of the federal funds. The City has recently received
notification of a grant award in the amount of $295,506. The participating agencies will be
providing matching funds in the amount of $295,506. A portion of the $295,506 match will
consist of $32,712 from participating agencies so as to fund training and equipment needs.
Fort Collins portion of the match is $129,399. This match is met via the budgeted salary and
fringe benefits ($117,931) of existing Fort Collins Police Services personnel currently
assigned to the Drug Task Force and $11,468 earmarked for Fort Collins Polices Service's
share of equipment and training costs.
20. Items Relating to Installation of New Crossing Warning Devices.
A. Resolution 99-96 Authorizing the City Manager to Enter into an Agreement with the
Colorado Department of Transportation, and the Union Pacific Railroad Company
for Installing New Crossing Warning Devices at the Larimer County Road 32 and
Union Pacific Railroad Crossing.
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August 3, 1999
B. First Reading of Ordinance No. 132, 1999, Appropriating Unanticipated Revenue in
the Capital Projects Fund Minor Streets Capital Project to Be Used to Install New
Crossing Warning Devices at the Larimer County Road 32 And Union Pacific
Railroad Crossing.
The agreement with the Colorado Department of Transportation (CDOT), and the Union
Pacific Railroad Company (UPRR), is for installation of crossing warning devices at the
Latimer County Road 32 and UPRR crossing. The project consists of replacing the existing
stop sign controlled crossing with a signal system and gates to improve safety at the crossing.
In addition, the signal system will improve the function of the street by requiring vehicles to
stop only for trains. This installation will work well with the traffic signal planned for
installation at Larimer County Road 32 at Timberline Road (700 feet to the east of the
crossing).
21. Items Related to the Development of the Visitors Center at the Environmental Learning
Center (the Center).
A. Resolution 99-97 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with Colorado State University Through the State Board of Agriculture
for the Long-term Lease of Visitor Center Space at the Environmental Leaming
Center.
B. First Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non -
Exclusive Easement for Parking to Colorado State University Through the State
Board of Agriculture in Connection with the Environmental Learning CenterNisitor
Center Project.
Resolution 99-97 authorizes the Mayor to enter into an Intergovernmental Agreement with
CSU. The agreement specifies the term of the Agreement (50 years) and sets out the
respective rights and responsibilities of the parties regarding the leased space. The
Agreement also sets forth certain terms and conditions between the City and the University
regarding the development of the Center.
Ordinance No. 133, 1999, conveys an easement to CSU on City property (roughly %z acre on
the Resource Recovery Farm). The purpose of the easement is to allow CSU to develop a
parking lot that will serve both the Center, and the Geologic Gardens (Rock Park— described
in detail at the end of this summary). The 2-acre Rock Park will be located adjacent to the
parking lot and the Center, and will be developed in 2000 and 2001.
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August 3, 1999
22. Resolution 99-98 Authorizing the Mayorto Enter into an Intergovernmental Agreement with
the State Board of the Great Outdoor Colorado Trust Fund for the Development of a Skate
Park at Edora Park.
The development of a skate park at Edora Park will serve youth who like to skateboard or
rollerblade. The design and construction of the facility will include youth that are involved
in this sport, City staff, and consultation with skate park experts.
Skateboarding and rollerblading continue to increase in popularity and the City's existing
skate park at the Northside Aztlan Center is unable to meet this demand. The development
of the facility at Edora Park will provide a safe location for skateboarding activities and
alleviate the overcrowding and over use at the existing facility.
23. Resolution 99-99 Recommending that the Board of County Commissioners Adopt the
Larimer County Land Use Code Following Amendment Thereof as Suggested by the
Council.
Latimer County has had land use and zoning regulations since 1963. These regulations set
the rules for developing land in the unincorporated areas (outside the cities) of the County.
In 1995, the County Commissioners decided the County's land use and zoning regulations
were uncoordinated, sometimes confusing and occasionally contradictory. The
Commissioners directed the County staff to undertake a major review and revision of their
codes. The Proposed Land Use Code was sent to the City for review and comment. Copies
of the proposed Code were distributed to City staff and specific responses from
representatives of each of the affected City departments were collected and summarized.
In general, the Proposed Land Use Code is a significant improvement over the existing
County land use regulations. The purpose of this Resolution is to urge the County to adopt
the Proposed Land Use Code. There are a few minor concerns that the City staff would
recommend be addressed in the document.
24. Routine Deeds and Easements.
A. Temporary drainage easement from Country Ranch II Limited Partnership, located
south of Harmony and east of County Road 9. Monetary consideration: $0.
B. Drainage easement from Fort Collins Plaza LLC, located south of Horsetooth and
east of Mitchell Drive. Monetary consideration: $0.
C. Temporary construction easement from Fort Collins Plaza, LLC, located south of
Horsetooth Road and east of Mitchell Drive. Monetary consideration: $10.
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August 3, 1999
D. Easement from James R. and Elsa A. Swanstrom, to install oval vault to
underground existing overhead electric system, located at 638 West Prospect.
Monetary consideration: $75.
E. Right-of-way dedication from Country Ranch 11 Limited Partnership, located on
Timberwood Drive between Corbett Drive and County Road 9. Monetary
consideration: $0.
Ordinances on Second Reading were read by title by Deputy City Clerk Harris.
8. Second Reading of Ordinance No. 115, 1999, Appropriating Unanticipated Revenue and
Prior Year Reserves in the Transit Services Fund to be Used for the Provision of Transit
Services.
Second Reading_of Ordinance No. 116, 1999, Authorizing the Transfer of Appropriations
from the General Fund to the Debt Service - Certificates of Participation Fund for the
Purpose of Making the Payments on the 1998 Lease Purchase Certificates of Participation
(Civic Center Facilities Proiect).
10. Second Reading of Ordinance No. 117, 1999, Appropriating Unanticipated Revenue In the
Capital Projects Fund to Be Used For The Downtown Intersection Renovation Project.
11. Second Reading of Ordinance No. 118, 1999, Authorizing the Issuance of Not to Exceed
$8 980 000 ofPrivate ActivityBonds for the Dry Creek Apartments Project and Authorizing
the Execution of Certain Related Documents and Instruments.
12. Second Reading of Ordinance No. 119, 1999, Authorizing the Conveyance of a Parcel by a
Quit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them
by the City.
13. Second ReadinpofOrdinance No. 120,1999, Amending Section 2-32ofthe CityCode With
Regard to the Posting of Public Notice of the Meetings of Council Committees.
14. Second Reading of Ordinance No. 121, 1999, Appropriating Prior Year Reserves in the Sales
and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel.
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August 3, 1999
Ordinances on First Reading were read by title by Deputy City Clerk Harris.
15. First Reading of Ordinance No. 122, 1999, Appropriating Prior Year Reserves in the Sales
and Use Tax Fund for Transfer to the Building Community Choices Streets and
Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason Street
Transportation Corridor Capital Project.
16. First Reading of Ordinance No. 123, 1999, Appropriating Unanticipated Revenue in the
Capital Projects Fund Minor Streets Capital Project to Be Used to Upgrade Crossing
Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad
Crossing.
17. First Reading of Ordinance No. 124,1999, Appropriating Unanticipated Revenue and Prior
Year Reserves in the Transportation Services Fund and Authorizing the Transfer of
Appropriations Between Funds for the Local and Regional Transportation Demand
Management Programs.
18. Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed
Charter Amendments on Said Ballot.
A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to
be Held in Conjunction with the November 2, 1999 Larimer County Coordinated
Election.
B. First Reading of Ordinance No. 126, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of
the City Charter, Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article X of the City
Charter, Pertaining to Initiative and Referendum.
D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered
Electors ofthe City of Fort Collins Proposed Amendments to Article IX, Section 1(b)
of the City Charter, Pertaining to the Commencement of Recall Proceedings and the
Scheduling of a Recall Election.
E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City
Charter Pertaining to the Appearance of Names on Election Ballots.
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August 3, 1999
F. First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered
Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9
of the City Charter Exempting Special Purpose Committees from Conflict of Interest
Rules.
19. First Reading_of Ordinance No. 131, 1999, Appropriating Unanticipated Revenue in the
General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and
Projects for the Multi -Jurisdictional Drug Task Force.
20. First Reading of Ordinance No. 132, 1999, Appropriating Unanticipated Revenue in the
Capital Projects Fund Minor Streets Capital Project to Be Used to Install New Crossing
Warning Devices at the Larimer County Road 32 And Union Pacific Railroad Crossing.
21. First Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non -Exclusive
Easement for Parking to Colorado State University Through the State Board of Agriculture
in Connection with the Environmental Learning CenterNisitor Center Project.
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt and
approve all items not pulled from the 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.
Consent Calendar Follow-up
Councilmember Weitkunat commented regarding Item No. 21 First Reading of Ordinance No. 133,
1999, Authorizing the Conveyance of a Non -Exclusive Easement for Parking to Colorado State
University Through the State Board of Agriculture in Connection with the Environmental Learning
CenterNisitor Center Project, emphasizing the partnership and cooperative effort regarding the
project.
Councilmember Mason noted that he submitted a number ofquestions regarding Item No. 21 relating
to the City's financial involvement in the project. He requested additional information regarding the
funding prior to Second Reading of the Ordinance.
Councilmember Reports
Councilmember Wanner reported regarding the Finance Committee's discussions concerning a
possible sales tax rebate for affordable housing on building materials, electric deregulation, sales tax
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August 3, 1999
on internet transactions, and a cost of living adjustment for retired employees under the General
Employees Retirement Plan.
Staff Reports
City Manager Fischbach reported that Assistant City Manager Frank Bruno has been appointed to
the Rocky Mountain District Export Council. He also reported that the Shields/Drake intersection
will be closed for reconstruction from August 20 through August 23. In addition, word has been
received from HUD that the Housing Authority has been designated as a "standard performer" in the
Public Housing Management Assessment Program.
Executive Session Authorized
Councilmember Kastein made a motion, seconded by Councilmember Wanner, to adjourn into
Executive Session to discuss property acquisition and 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 6:55 p.m. and reconvened
following the Executive Session at 7:20 p.m.)
Items Relating to Master
Street Plan Amendments, Failed
The following is staff s memorandum on this item.
"Financial Impact
The cost of the improvements required to build an arterial street on the Modified Vine alignment is
projected to be $45.4 million. Of that amount, the City can reasonably expect to receive $19.8
million in Street Oversizing fees and $5.1 million in Local Street Portion contributions by
development on the north side of the street ($24.9 million total). The remainder, or $20.5 million,
would be the responsibility ofthe City. The cost of the improvements required to build an enhanced
major arterial street for the purpose of relocating Colorado Highway 14 on the Modified Vine
alignment is projected to be $51.3 million. Asa highway theproject has the potential of receiving
up to 80% from federal and state sources or $41 million. Both Street Oversizing fees and Local
Street Portion contributions would still apply and could be applied to the City's local share of the
cost of the highway.
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August 3, 1999
Executive Summa
A. Resolution 99-100 Amending the Master Street Plan so as to Establish a New Category of
Streets Known as "Enhanced Major Arterial Streets " and Designating a Portion of East
Vine Drive as an Enhanced Major Arterial.
A resolution designating a portion of East Vine Drive was first presented to Council on June 15,
1999. That Resolution failed on a 3-3 vote of the City Council. This agenda item again presents to
City Council the question of whether the Modified Vine Alternative should be designated as an
enhanced major arterial.
This action establishes a category of streets known as "enhanced major arterial streets, " with a
right-of-way width requirement up to two hundred fifty one (251) feet as described in Exhibit B. It
will also amend the Master Street plan to show the proposed Modified Vine Alternative as a future
enhanced major arterial street in order to accommodate either an major arterial street, an
alternative truck route and/or the possible relocation of Colorado Highway 14.
In addition, the classification of the old alignment of Vine Drive from Lemay Avenue to Redwood
Street would be changed to a local street and the classification of the old Vine Drive from Redwood
to College Avenue would be changed to a minor arterial. These changes are included in Exhibit A.
This action also directs the City Manager to negotiate with Larimer County a proposed
intergovernmental agreement between the County and the City which would require that all new
development in the County accommodate the streets and transportation facilities shown on the City's
Master Street Plan and to submit the proposed agreement to the City Council for its consideration.
Finally, the resolution directs the City Manager to continue planning, design, and right-of-way
acquisition to allow for the possible construction of either a major arterial, an alternative truck
route and/or the relocation of Colorado Highway 14 along the Modified Vine Alternative route.
This action does not relocate Colorado Highway 14 at this time, but does amend the Master Street
Plan to allow for future planning and right-of-way acquisition for the potential relocation of
Highway 14.
B. Resolution 99-101 Amending the Structure Plan Map and the Mountain Vista Area Sub Area
Plan Regarding The Establishment of an Enhanced Major Arterial Street Along a Portion
of East Vine Drive.
This action updates these documents to reflect the changes made in the previous resolution.
August 3, 1999
BACKGROUND:
This item is being brought back to City Council. It was first presented on June 15, 1999. Staff is
providing essentially the same background information as provided in June.
The relocation of Colorado Highway 14 out of the downtown historic district has been studied for
over fortyyears. Proposals to build anew alignment for the highway have also been made during
that time yet no decision has been made to precipitate the move.
As Fort Collins has grown and the volume of traffic through the historic downtown has increased,
the problems with leaving Colorado Highway 14 in the downtown area have intensified. In 1997,
City voters approved Building Community Choices that included financial resources for developing
an alternative travel route in the northeast quadrant of the city.
Projections for future growth in northeast Fort Collins are substantial. If realized, future
opportunities to move Highway 14, including the truck traffic, would be severely limited.
This project was approved on April 8, 1997, by the Building Community Choices (Ordinance 31)
vote. The official language used to describe the Highway 14 Relocation — NE Fort Collins Truck
Route Project was "This project will provide for the planning, design, right-of-way acquisition,
and/or other project costs associated with road improvements for an alternative truck route in the
northeast quadrant of the City ".
The Highway 14 Relocation — NE Fort Collins Truck Route Project was initiated in February 1998.
The project team included Transportation Planning staff and consultants from the firm Balloffet &
Associates. A Citizens Advisory Committee and a Technical Advisory Committee were established
to guide the process and provide input into the research and development of alternatives and staff
recommendations.
The Citizen Advisory Committee included representatives of the affected neighborhoods as well as
members from the city at large. The Technical Advisory Committee included representatives from
various City departments including Traffic, Transportation Planning, Storm Water, and Advance
Planning. In addition, the Technical Advisory Committee also included representatives from
Larimer County Public Works, the Federal Highway Administration, the Colorado Department of
Transportation, and the Colorado Department of Revenue.
The Highway 14 Relocation — NE Fort Collins Truck Route Project was coordinated with the
Mountain Vista Sub Area Plan, a plan City Council adopted earlier this year. The joint planning
between these two efforts ensured that land use and transportation were considered essential
elements of both proposed plans as they were developed.
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The Highway 14 Relocation — NE Fort Collins Truck Route Project was conducted as a "deductive"
planning process. It began with a broad view of the possibilities available to the City to move
Highway 14 and narrowed those alternatives as information and analysis became available through
the sixteen month planning process.
Staff, consultants, and committees examined nineteen route alternatives with two additional
alternatives suggested by City Council for a total of twenty-one that were analyzed. The final six
alternatives include the following routes:
1. Modified Vine
2. Mulberry/Lemay/Vine
3. Mulberry/Timberline/Vine
4. Vine
5. County Road 58
6. A Downtown Couplet (Jefferson Street and Willow Street)
The following problems and disadvantages associated with four of the six alternatives make them
undesirable, unworkable, and/or too costly.
The Mulberry/Lemay Alternative
♦ Traffic engineering design difficulties at Mulberry and Lemay
♦ Very high level of future traffic demand predicted in both the Mulberry and Lemay
corridors
♦ Very high intensity of commercial development at Mulberry and Lemay
♦ Proximity to residential development
♦ Limited mitigation opportunities in the Lemay corridor
2. The Vine Alternative
♦ Was the least expensive of the alternatives examined, but separated the Alta Vista
neighborhood from Buckingham and Andersonville
♦ Displaced eight additional homes beyond other alternatives
♦ Limited mitigation opportunities through the Alta Vista and Andersonville
neighborhoods
The County Road 58 Alternative
♦ Cost estimate is $50 million greater than the Master Street Plan
♦ Would not provide a connection to existing Highway 14/Mulberry for 85,000 lb.
gross vehicle weight trucks. The additional cost for improving the frontage road
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August 3, 1999
would be an additional $18 million
♦ Is 3 miles longer than the current route from I-25 to the potential future intersection
of US 287 and extended CR 58 (Existing route = 11.5 miles versus 14.5 miles)
Adding additional miles to the highway system is unacceptable to CDOT.
♦ Based on traffic model projections, the County Road 58 route would attract only
1,500 total vehicles. Less than 500 vehicles would divert from Mulberry and Vine
♦ Is located in Larimer County, not Fort Collins. Approvals for this alternative would
be necessary from the County.
♦ Is located in the Upper Front Range instead of the North Front Range. Therefore,
any CDOT funding would need to be obtained from the Upper Front Range to
address a North Front Range concern.
♦ The CR 58 alternative would require CDOT 1601 and FHWA approval for a new
interchange. Key to this approval is justification that there are no alternatives
available to the recommended new interchange.
♦ Could result in growth inducement.
4. The Downtown Couplet Alternative
♦ Would require crossing four additional sets of railroad tracks, in addition to the
current two sets of tracks on Mulberry at Riverside and College north of Willow
♦ The City would likely be required to grade separate roads at railroad crossings
♦ Cost estimate is nearly $11 million greater than the Master Street Plan
♦ There would be major capacity and safety problems with the merge of eastbound
Mountain/Lincoln through traffic with northwest bound Riverside to Lincoln traffic
♦ Homes and businesses would need to be purchased along Riverside and College to
accommodate the additional traffic lanes
♦ Parking would need to be removed along College to accommodate a second
southbound left turn lane
♦ Truck deliveries to uses along Willow, such as Ranchway Feed would be impacted
♦ Limited mitigation opportunities exist
♦ Trucks and Highway 14 would remain in historic downtown Fort Collins
The fifth alternative, Mulberry/Timberline/Vine, is primarily viewed as a phasing or interim step to
implement the Modified Vine recommendation. It contains the same alignment west of Timberline
as the Modified Vine alternative and could likely function for a number of years as an interim
solution until an interchange could be built at I-25 and Vine Drive.
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The Modified Vine Alternative is preferred as an arterial street because it:
♦ Requires fewer purchases of homes than the current Master Street Plan
♦ Allows the City to reclassify the existing Vine Drive and Lemay Avenue adjacent to
the Alta Vista andAndersonville neighborhoods as local residential streets. As such,
the neighborhoods can regain a residential atmosphere.
♦ Allows the City to replace the traffic light at Vine/Lemay with stop signs. Allows the
City the opportunity to build sidewalks on those streets. Reduces trafftcfrom greater
than 10, 000 vehicles a day to a few hundred.
♦ Allows the City to build an arterial that facilitates the construction of the Dry Creek
channel to its south thereby creating a natural area buffer to the Alta Vista and
Andersonville neighborhoods
♦ Allows the City to design and build an arterial capable of handling traffic demand
in the Vine corridor through the year 2050
♦ Allows the City to build an arterial that improves the traffic situation in northeast
Fort Collins into the foreseeable future
♦ Has minimal other environmental impacts
♦ Avoids existing neighborhoods in northeast Fort Collins
The Modified Vine Alternative is preferred should it become the alignment for Colorado Highway
14 because it:
♦ Has a cost estimate is only $5.9 million greater than the Modified Vine Alternative
as an arterial street in Master Street Plan
♦ that make the new land uses compatible with the highway
♦ Significantly reduces truck traffic in downtown Fort Collins
♦ Allows the City/State to design and build a highway capable of handling traffic
demand in the Vine corridor through the year 2050
♦ Allows the City/State to build a highway that improves the traffic situation in
northeast Fort Collins and in historic downtown into the foreseeable future
♦ Allows the City/State to build a highway that facilitates the construction of the Dry
Creek channel to its south thereby creating a natural area buffer to the Alta Vista
and Andersonville neighborhoods
♦ Adds no additional miles to the state highway system
♦ Eliminates rail/vehicle traffic conflicts
♦ Lowers basin wide air emissions
♦ Allows the City to regain control over Jefferson Street and RiversideAvenue, thereby
allowing a redevelopment of the historic district from Jefferson Street to the Poudre
River
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August 3, 1999
♦ Relieves the neighborhoods adjacent to the current State Highway 14 (Riverside
Avenue) where noise mitigation cannot be built or achieved in any way, from the
impacts of the highway
♦ Provides noise and visual mitigation from the impacts of the highway for the
surrounding land uses
♦ Allows for the construction of a northeast arterial (Vine Drive) with financial help
from the State and Federal governments
♦ Is located in Fort Collins
♦ Avoids existing neighborhoods in northeast Fort Collins
♦ Was incorporated into the planning for the Mountain Vista Sub Area
The Modified Vine Alternative Route was recommended for Council's consideration by the Technical
Advisory Committee, the Citizen Advisory Committee, the Transportation Board, the Planning and
Zoning Board, City staff, and the consulting team. It is the only alternative route examined to
achieve that level ofsupport.
The proposed resolution would reserve sufficient right-of-way for the relocation of Highway 14
along the Modified Vine Alternative Route and the establishment of that right-of-way as an
alternative travel route, subject to the appropriation of funds by the Council and the availability of
additional state and/or federal funding. "
City Attorney Roy spoke regarding the propriety of reconsidering this issue under Roberts Rules of
Order and the provisions of the City Charter.
City Manager Fischbach presented background information regarding the agenda item, reviewed the
purposes of proposed Resolution 99-100 and the financial implications of the proposal, and
described the extensive planning and citizen participation processes that have been followed. He
stated that the current route will ultimately fail and that three of the four key intersections on the
route will fail by 2020; that the current route is adversely impacted by two river and two railroad
crossings; that the current route will preclude ever connecting Old Town to the river corridor; that
truck traffic has a negative noise, visual and environmental impact on the downtown which can not
be mitigated; that the current route has limited right-of-way that presents serious safety problems;
and that citizens favor moving the route out of the downtown. He stated that adoption of the
Resolution would leave all options open, enable the City to acquire right-of-way for all options for
a modified Vine Drive, reduce the long range cost to the City regardless of which options is
eventually chosen, provide for additional planning on the modified Vine alignment, including an
environmental assessment and design, and reclassify the streets in the Andersonville and Alta Vista
neighborhoods to make those neighborhoods more livable. He stated that Resolution 99-101 will
be considered if Council adopts Resolution 99-100 and will amend the City Structure Plan and the
Mountain Visa Subarea Plan.
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August 3, 1999
Nancy York, Fort Collins resident, asked that the Council consider the Larimer County Land Use
Code and future development during the discussion on this issue.
John Kefalas, 604 Sycamore Street, disagreed that the proposed Resolution would keep all options
open because it does not mention the possibility of locating the truck route outside the Urban Growth
Area. He stated that if Vine Drive is the best solution to the problem then there is no solution.
Jean O'Connor, 1608 Sandcreek Court, spoke regarding the impact of the Vine route on
developments and the adjacent neighborhoods and suggested an updated traffic study.
Mitch Busteed, 4000 Cherry Hills Drive, spoke regarding the many studies that have been done on
the issue, stated that the County Road 58 and County Road 70 alternatives are not viable options as
portrayed in the current petition effort, and urged the Council to vote in favor of the Vine alternative
to avoid failure of the current route and gridlock in the future.
Judy Sorbie-Dunn, 1405 Lindenwood Drive, spoke regarding air pollution concerns related to the
current truck route and the Vine route.
Scott McDonald, 4504 Inlet Court, spoke in support of the Council taking action on the matter and
stated that the current petition effort is presenting misinformation.
Richard Dunn,1405 Lindenwood Drive, spoke regarding the Choices 95 report and asked about the
authority in the Building Community Choices ballot measure for a truck route.
Steve Ragowski, no address provided, stated that the core issues concerning the truck route relate
to land use rather than traffic and that the Vine route would relocate trucks from a predominantly
commercial and industrial area to a predominantly residential area.
Marilyn Roberts, 231 Jefferson, spoke regarding the history of the issue and problems on the
Jefferson route and noted that the new route would place trucks on a roadway designed and mitigated
for that purpose.
Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the trucking industry and the
fairness of the proposed route.
Thomas Haynes, owner of Carpet Works, spoke regarding the difficulties of the current situation and
urged the Council to take action.
John Meleski, 2619 Featherstar Way, spoke concerning the bundling of projects for the Building
Community Choices ballot issue and the initiative petition for relocating the Highway 14 truck route
outside of the City.
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August 3, 1999
Wally Walberg, Jefferson Street resident and building owner, supported an improved route for traffic
to get out of Old Town and spoke in favor of the Vine route.
Pete Wilson, 717 Lindenmier Road, expressed concern regarding the revote on the matter and
objected to placement of a truck route and other negative elements in the northeast quadrant.
Howard Coopersmith, 1205 Steeplechase Court, asked if the project cost estimate includes an
interchange at Vine and I-25 and spoke against putting a state highway and truck route through a
residential neighborhood or making it more convenient for trucks to come through Fort Collins.
Pavel Bujak, 415 Cherry, former Jefferson Street resident, urged Council to follow professional
advice regarding safety and the soundest option and spoke regarding the benefits of the Vine route.
Robert Lenk, 322 East Pitkin, stated that the key issue is through traffic that has no business in Fort
Collins and spoke in support of a true bypass.
Jim McCory, developer representing the Waterfield property, spoke regarding the costs of the project
and the impacts of the Vine route on the Waterfield and Bull Run developments.
Steve Rome, a resident north of Fort Collins near County Road 58, spoke regarding the residences
along that corridor and the need to start over with the process if the decision is made to look at the
County Road 58 or County Road 70 alternatives.
Lou Stitzel, 521 East Laurel, spoke regarding affordable housing and environmental issues in the
river corridor and suggested looking at a transportation district to fund a northern bypass.
Don Schlagel, 1131 Lindemeier Road, spoke concerning the impact of the Vine route on the Linden
Grove property and the need for a final decision on the project.
("Secretary's Note: The Council took a ten-minute recess at this point.)
George Wingfield, 1213 Hawkeye Court, spoke regarding the inability of the City to collect
development fees for the south side of Vine because of the railroad tracks and the need to discourage
Vine traffic after the completion of the interchange and before the Vine route improvements would
occur.
Lonnie Alexander, 601 Gregory Road, suggested consideration of the information put together by
the Council for a True Bypass.
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August 3, 1999
Carl Maxey, 2807 East County Road 58, stated that the project could be built better than it would
have been built 10 years ago and spoke regarding the need to have citizen advisory committees work
closely with technical issues.
Wayne Christianson, no address provided, spoke in support of the Vine bypass to resolve traffic and
safety issues and noted that the Vine alternative is the only viable financial alternative and that time
is running out for a solution.
Grant Hall, 1625 East County Road 58, stated that the problem is traffic rather than trucks, that
arterials are needed to move traffic, and that there are no alternatives except the Vine route.
Larry Stroud, 5706 North Taft Hill Road, spoke regarding the need for an alternative to the Jefferson
route and the impact on his property of the option proposed by the Citizens for a True Bypass. He
spoke in favor of the Vine alternative and urged Council to weigh the biases of those making
comments.
Councilmember Weitkunat asked about the projected growth of Fort Collins and future traffic
projections for roadways such as County Roads 58 and 70. City Attorney Roy stated that the City
has the authority to acquire, fund, and construct public works inside and outside of the City limits
if there is a determination of public benefit to the City.
Councilmember Weitkunat asked about truck weights and loads on the interstate. John Daggett,
Transportation Planner, spoke regarding nondivisible loads.
Councilmember Bertschy asked if 85,000 pound trucks are allowed on stretches of the interstate
overlaid by state highway. Daggett stated that such interstate/state highway overlays usually run for
short distances. Ron Phillips, Transportation Services Director, spoke regarding discussions with
CDOT about frontage road improvements and stated that it is not legal to have trucks over 80,000
pounds on the interstate system unless they are permitted as a nondivisible load.
Councilmember Bertschy asked about County participation in the Vine interchange in light of
Highway 14 interchange improvements that are planned. Phillips spoke regarding the planned
improvements to the Highway 14/1-25 interchange and the City's understanding with the County that
the Highway 14 and Vine projects are not in conflict because of the differences in time frames.
Councilmember Bertschy asked about progress on the port of entry upgrade and the impact it will
have on keeping trucks on the interstate. Phillips outlined the construction schedule for the upgrade
and truck traffic projections with an automated port of entry.
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August 3, 1999
Councilmember Bertschy asked about availability of federal demonstration funds for any of the
alternatives. Phillips stated that these funds are available to projects showing total support by the
locality, region, and state and that currently the available funds are committed to other projects.
Councilmember Bertschy asked if Building Community Choices funds could be spent on right-of-
way acquisition outside of the City. City Attorney Roy stated that those funds are earmarked for an
alternative truck route that is at least partially in the northeast quadrant of the City and that other
funds could be made available by the City for a route that is entirely outside of the City.
Councilmember Mason asked about the differences between the federal highway weight restrictions
and local roadway weight restrictions. Phillips stated that the weight limit for federal and state
highways not on the interstate system is 85,000 pounds and that the interstate weight limit is 80,000
pounds. He noted that there are ongoing federal studies regarding weight limits.
Councilmember Kastein asked about the potential federal and state funding for 80% of the project,
and the likelihood of the City not receiving that amount. Phillips spoke regarding the factors that
could affect this funding, the phases of the project, and the possibility that the Citywould be required
to accept maintenance responsibility for the current Mulberry alignment that would no longer be
Highway 14 as a trade-off for the State taking over maintenance of Vine.
Councilmember Kastein asked about the motivation for CDOT providing assistance on the Vine
project. Phillips stated that CDOT's concerns are safety, the difficulty of making improvements and
mitigation efforts in the current corridor, and the railroad crossings.
Councilmember Kastein asked about the suggestion for a special transportation district. City
Manager Fischbach spoke regarding special taxing districts.
Councilmember Wanner asked if there would be impacts on possible school or park sites. City
Manager Fischbach stated that the school district has not expressed a concern. Pete Wray, City
Planner, stated that the school district is aware of the potential impacts on Vine Drive and that an
alternative school site has been identified and that neighborhood park sites would depend on the
school site locations.
Councilmember Byme asked about the environmental studies that would be done in the next step
of the process. Ray Moe, project consultant, spoke regarding site specific environmental
assessments and citizen participation processes that would be done.
Councilmember Byrne asked about estimated trips per day on Vine without a highway designation
and the percentage of traffic that would be trucks. Moe stated that the estimate is 20,000 trips per
day and that there would be a relatively low percentage of trucks.
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Councilmember Byrne asked about the figures for a realigned highway. Moe stated that there would
be about 23,000 trips per day and that about 1,600 would be mid to larger sized trucks.
Mayor Martinez asked about truck traffic figures. Moe stated that there has been a 10 percent
increase in truck traffic on I-25 at the port of entry over the last two years and that traffic is down
by about seven per cent on Highway 287 over the same two-year period.
Mayor Martinez asked about the possibility of a truck count for County Road 70. Moe stated that
a ten-hour count was done at the intersection of County Road 70 and County Road 19 and that the
results do not indicate through truck traffic.
Mayor Martinez asked about the citizen comment regarding the amount of residential area on the
Vine route compared to the current route. Wray spoke regarding the possible combination of uses
and transitional areas along the north side of Vine. City Manager Fischbach stated that it is unknown
what uses will ultimately be in the build -out along Vine.
Mayor Martinez asked about the citizen comment that the relocation of Highway 14 was not on the
ballot. City Attorney stated that voters approved the use of tax revenues and that a portion of the
revenues were to be used for planning, design and right-of-way acquisition for an alternative truck
route in the northeast quadrant of the City. He stated that this would not preclude City participation
in relocation of Highway 14 because not every roadway improvement requires voter approval.
Mayor Martinez asked if the Wyoming truck count figures are current. Moe stated that the figures
from the port of entry are the best information available.
Mayor Martinez asked if CDOT has ever turned down the Vine route for environmental reasons.
City Manager Fischbach stated that the City Council rather than CDOT turned down the Vine route
in the past. Daggett stated that the City Council at one point turned down an alignment proposed by
CDOT. Lou Stitzel spoke regarding the environmental study done by CDOT in 1973.
Councilmember Bertschy asked about developments that are underway and how right-of-way
acquisition will be handled. City Attorney Roy stated that developments that have received final
approval have a vested right to proceed according to the approved plans and that this Resolution
would not affect that right. He stated that adjustments may be required in plans that have not yet
received final approval.
Councilmember Weitkunat asked for clarification that the Resolution does not relocate Highway 14.
City Manager Fischbach stated that the Resolution preserves the options and that the Council would
have to make a decision in the future in order to relocate Highway 14.
("Secretary's Note: The Council took a ten-minute recess at this point.)
August 3, 1999
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 99-100.
Councilmember Bertschy made a motion to add in the first sentence of Section 4 in the phrase
"continue such planning" the words "environmental assessments," before the word "planning." The
maker and second (Councilmembers Wanner and Weitkunat) accepted the amendment as a friendly
amendment to the original motion.
Councilmember Bertschy made a motion to add a sentence to Section 4 to read: "That as part of the
planning phase a study be made of truck traffic within the City and alternatives examined to deter
pass -through truck traffic within the City limits." The maker and second (Councilmembers Wanner
and Weitkunat) accepted the amendment as a friendly amendment to the original motion.
Councilmember Bertschy made a motion to add a new Section 5 as follows: "Section 5. That to the
extent that planning of the truck route and/or the relocation of Colorado Highway 14 along the
modified Vine alternative route progresses to the design stage, staff is directed that: (1) the design
shall make every effort to preserve historic structures; (2) the grade separation of the intersection of
Lemay and Vine shall be studied in order to enhance traffic flow, noise abatement and reduction of
emissions; (3) annexation ofthe proposed right-of-way be accomplished prior to expenditure of City
funds on acquisition or construction." The maker and second (Councilmembers Wanner and
Weitkunat) accepted the amendment as a friendly amendment to the original motion.
(**Secretary's Note: The Council took a ten-minute recess at this point to allow an opportunity for
the City Attorney to draft language for the proposed amendments.)
City Attorney Roy read the recommended language for the friendly amendments to the original
motion as follows: (1) Section 4 to be amended to read: "That, to the extent that adequate funding
is appropriated by City Council, the City Manager is further directed to continue such planning,
environmental assessments, design and right-of-way acquisition as maybe necessary to allow for the
possible construction of either a major arterial, an alternative truck route and/or the relocation of
Colorado Highway 14 along the Modified Vine Alternative route. That as part of the planning phase
for any such roadway, studies shall be undertaken to (a) identify the volume and kind of truck traffic
within the city, and to the extent reasonably possible, deter non -local truck traffic from passing
through the City limits; and to the extent reasonably possible, deter non -local truck traffic from
passing through the city limits; and (b) examine the feasibility of a grade separation at the
intersection of Vine Street and Lemay Avenue, the purpose of which grade separation shall be to
enhance traffic flow, noise abatement and the reduction of emissions." (2) Add a new Section 5:
"That, to the extent that the planning of a major arterial or alternative truck route and/or the
relocation of Colorado Highway 14 along the Modified Vine Alternative route progresses to the
design stage, the design of any such roadway shall preserve any historically designated structures
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within or adjacent to said route; provided, however, that this provision shall not prohibit the
relocation of any such structures."
Councilmember Byrne commented regarding the extensive study of this transportation project and
that the intent is building a City while not destroying neighborhoods. He spoke regarding the
responsibility of the Council to act strategically while being mindful ofthe impact on neighborhoods.
He stated that he would be supporting the motion.
Councilmember Mason stated that he would not be support the motion because of the impact on the
neighborhoods and commented regarding the difficulty of the decision.
Councilmember Weitkunat stated that she would support the motion and that a decision must be
made because the passage of time brings more obstacles to a solution. She spoke regarding the
benefits of the project to the northern areas of the City.
Councilmember Bertschy stated that he would not be support the motion and spoke regarding the
goal to keep trucks out of the City. He commented regarding the impacts on the neighborhoods.
Councilmember Kastein spoke regarding funding issues for a bypass north of the City and for the
Vine route and growth in the northeast quadrant. He stated that he would not support the motion.
Councilmember Wanner stated that he would support the motion and that the intent of the Resolution
is to keep all options open.
Councilmember Byrne spoke regarding leadership and expressed frustration concerning the issue.
Mayor Martinez spoke regarding the need to look at all alternatives and to look at the social impact
on the neighborhoods and budget priorities. He stated that he would not support the motion.
The vote on the motion to adopt Resolution 99-100 as amended was as follows: Yeas:
Councilmembers Byrne, Wanner and Weitkunat. Nays: Councilmembers Bertschy, Kastein,
Martinez and Mason.
THE MOTION FAILED.
Councilmember Byme requested discussion regarding the next step.
Councilmember Bertschy requested discussion of the Resolution creating modified Vine as an
arterial.
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Councilmember Wanner suggested that the matter be brought forward as a matter of general
discussion at the next regular City Council meeting.
Councilmember Byrne suggested that the Council decide what will happen next and give the
community an idea about the time frame for looking at other alternatives.
City Manager Fischbach stated that time could be available at the August 10 Study Session.
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Resolution
99-102.
Councilmember Fischbach requested additional time for staff to study the implications of the
Resolution prior to Council consideration.
Councilmember Bertschy stated that it was his understanding that right-of-way issues were pressing
and that staff had recommended adoption of the Resolution. Phillips spoke regarding right-of-way
issues and requested additional time for staff to study the issue in light of the fact that Resolution 99-
100 was not adopted.
Councilmember Bertschy withdrew the motion.
Mayor Martinez asked how much time staffneeds to study the issue. City Manager Fischbach stated
that staff would request two months. Phillips spoke regarding the intent of the Resolution.
Mayor Martinez requested an update on the issue in 30 days.
Ordinance No. 121,1999
Appropriating Prior Year Reserves in the Sales and Use Tax Fund
to Partially Fund the Restoration of the Northern Hotel. Adopted on Second Reading
The following is staff's memorandum on this item.
"Executive Summary
Ordinance No. 121, 1999, which was unanimously adopted on First Reading on July 27, 1999,
appropriates prior year sales and use tax reserves to partially fund restoration of the Northern
Hotel. "
Kelly Ohlson, 2040 Bennington Circle, spoke in favor of the project but suggested that the City more
closely monitor all DDA projects and require these projects to come to the Council up front rather
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than when funding is requested. He also suggested monitoring to ensure that the units remain
affordable housing.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 121, 1999 on Second Reading.
Councilmember Mason spoke regarding the historic preservation of a structure that is a cornerstone
of the downtown and the addition of affordable housing.
Councilmember Wanner commented that DDA generally pays for projects upon completion.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Items Relating to Calling a Special Election for November 2,1999,
and Placing Proposed Charter Amendments on Said Ballot, Adopted on First Reading
The following is staff s memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held
in Conjunction with the November 2, 1999 Larimer County Coordinated Election.
B. First Reading of Ordinance No. 126, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter,
Pertaining to Petition Circulators.
C. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article Xof the City Charter, Pertaining
to Initiative and Referendum.
D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article IX, Section 1(b) of the City
Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a
Recall Election.
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August 3, 1999
E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter
Pertaining to the Appearance of Names on Election Ballots.
F First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors
of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter
Exempting Special Purpose Committees from Conflict oflnterest Rules.
Ordinance No. 125, 1999, calls a Special Municipal Election to be held in conjunction with the
November 2, 1999 Lorimer County Coordinated Election. The remaining Ordinances place
individual Charter amendments on the Special Election ballot. The proposed Charter amendments
were considered by the Council Governance Committee, which recommended they be forwarded to
the Council for consideration for placement on the ballot.
BACKGROUND:
A. Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction
with the November 2, 1999 Lorimer County Coordinated Election.
This Ordinance calls the election, adopts theprovisions ofthe Uniform Election Code of 1992
in lieu of the Municipal Election Code of 1965, directs the City Clerk to certify ballot content
to Larimer County no later than September 7, and authorizes the Mayor to enter into an
intergovernmental agreement with Larimer Countyfor the conduct of the election.
B. Ordinance No. 126, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition
Circulators.
The United States Supreme Court recently held that it is impermissible to required that petition
circulators be registered electors. This Amendment removes from the Charter the requirement
that petition circulators be registered electors of the City, in conformance with the Supreme
Court's decision.
C. Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and
Referendum.
Article X, Section 1(e) of the Charter, incorrectly uses the term "refer" with regarding to
placing an initiative on the ballot. Conversely, ArticleX, Section 2(e) incorrectly uses the term
"submit" with regard toplacing a referendum on the ballot. This Amendment simply corrects
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the language so that an initiative is submitted to the voters, and a referendum is referred to
the voters.
D. Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins Proposed Amendments to Article IX Section 1(b) of the City Charter, Pertaining to the
Commencement of Recall Proceedings and the Scheduling of Recall Election.
The Charterprovisions relating to the recall ofelective officers allow recall proceedings, once
commenced, to continue indefinitely. The uncertainty created by pending recall proceedings
can have a detrimental effect on the conduct of business by the Council. This Amendment
states that a petition for recall must be submitted to the City Clerkfor approval of the form of
the petition within ten (10) days after the date that the affected off cer's statement in defense
of the charges is due. If a petition is not submitted to the Clerk for approval of its form within
the specified time period, the recall proceedings are terminated.
In addition, this Amendment requires that a recall election be held not less that sixty (60) nor
more that ninety (90) days after the Clerkpresents a petition certified sufficient for recall to
the Council. Current language provides for the election to be held in not less that forty-five
(45) days nor more than ninety (90) days, which does not provide adequate time for the
nomination of replacement candidates and preparation for the conduct of an election.
E. Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins ProposedAmendments to Article VIIlofthe City Charter Pertaining to the Appearance
of Names on Election Ballots.
An earlier Charter amendment inadvertently deleted language pertaining to the appearance
of names on the ballot. This Amendment provides for candidate names to be arranged in
alphabetical order by surname for each office, and prohibits the appearance of any title or
degree designating the business or profession of the candidate. In addition, the Amendment
allows the use of nicknames, but prohibits the use of punctuation marks setting our the
nickname. These provisions are intended to ensure that the appearance ofa candidate's name
on the ballot will not provide any unfair advantage to the candidate.
F. Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort
Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special
Purpose Committees from Conflict of Interest Rules.
The Charter's conflict of interest rules presently apply to all authorities, boards, commissions
and committees of the City. This amendment would allow persons directly affected by specific
proposals to serve on special purpose committees formed to study and make recommendations
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regarding those proposals. Members of the City's regular boards and commissions would
continue to be subject to the conflict of interest rules. "
Kelly Ohlson, 2040 Bennington Circle, stated that Ordinances proposing changes to the Charter
should not appear on the Consent Calendar, and he opposed the adoption of Ordinance No. 130,
1999. He also suggested consideration of a change to Ordinance No. 129, 1999 to require placement
of names on election ballots by lot.
Councilmember Mason asked for feedback from the Governance Committee regarding Ordinance
No. 130, 1999.
Councilmember Weitkunat stated that the Ordinance relates to the exemption of special purpose
committees from the conflict of interest rules.
Councilmember Bertschy stated that special purpose committees generally make recommendations
to City staff for drafting of proposals and do not make recommendations to Council regarding policy
issues. He stated that the current conflict of interest provisions would prohibit qualified people from
serving on these types of committees.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 125, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 126, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 127, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Warmer and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 128, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
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August 3, 1999
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 129, 1999 on First Reading.
Councilmember Mason asked if the Governance Committee requested other options such as the one
suggested by Mr. Ohlson.
Councilmember Weitkunat spoke regarding the discussions of the Governance Committee.
Councilmember Mason asked if the ballot order has always been alphabetical. Deputy City Clerk
Harris stated that the ballot order has always been alphabetical and that the language was
inadvertently removed during recent Charter amendments.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 130, 1999 on First Reading.
Councilmember Mason stated that there needs to be a balance discussing legitimate business and
ending the meetings at a reasonable hour.
Councilmember Byrne stated that there will be additional Charter amendments proposed that will
require Study Session discussion and that the proposed amendments that appeared on the Consent
Calendar were determined to be less significant.
Councilmember Bertschy stated that the Governance Committee discussed the presentation of the
proposed Charter amendments to the Council and that these amendments were determined to be
housekeeping matters.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
EM
August 3, 1999
Resolution 99-99
Recommending that the Board of County Commissioners
Adopt the Larimer County Land Use Code Following
Amendment Thereof as Suggested by the Council Adopted
The following is staff's memorandum on this item.
"Executive Summary
Lorimer County has had land use and zoning regulations since 1963. These regulations set the rules
for developing land in the unincorporated areas (outside the cities) of the County. In 1995, the
County Commissioners decided the County's land use and zoning regulations were uncoordinated,
sometimes confusing and occasionally contradictory. The Commissioners directed the County staff
to undertake a major review and revision of their codes. The Proposed Land Use Code was sent to
the Cityfor review and comment. Copies of the proposed Code were distributed to City staff and
specific responses from representatives of each of the affected City departments were collected and
summarized.
In general, the Proposed Land Use Code is a significant improvement over the existing County land
use regulations. The purpose of this Resolution is to urge the County to adopt the Proposed Land
Use Code. There are a few minor concerns that the City staff would recommend be addressed in the
document. These concerns are summarized in Exhibit A.
BACKGROUND:
Overview
In 1994, the Lorimer County Commissioners initiated a project to examine and revise the County's
land use planning system. The process has evolved to be known as the Partnership Land Use System
(PLUS). The two main elements of PLUS are the Master Plan and new Land Use Code. The
Larimer County Master Plan is a policy document that establishes a long-range framework for
decision makingfor the unincorporated area of the County. It includes policies for land use, public
services and capital facilities and environmental resource protection.
The Land Use Code is the second element of PLUS, developed over a period of time beginning in
1997, with an initial draft presented to thepublic in the fall of 1998. Larimer County actively sought
out the comments and suggestions from the affectedjurisdictions, including Fort Collins. Based on
numerous public meetings and hearings, public comments received were incorporated into a new
edition titled 97he Proposed Larimer County Land Use CodeO. Significant content revisions have
occurred over time.
,t•
August 3, 1999
After careful review, stafffinds that the Proposed Land Use Code is a significant improvement over
the existing County land use regulations. Staff also believes that the Proposed Land Use Code is
consistent with the Larimer County Master Plan adopted in November, 1997.
Proposed Land Use Code
Not all of the Proposed Land Use Code is new. For example, most of the existing zoning districts
remain relatively unchanged with only minor changes to make them more consistent and easier to
read. However, other changes are more substantial such as the provisionsforPlannedDevelopment
and Conservation Developments, as well as new regulations regarding adequate public facilities,
wetlands, hazard areas, wildlife, landscaping, air and water quality, and development design. The
City's Land Use Code Standards was used as a basis for several of these new regulations.
The Board of County Commissioners has consistently held to its policy that existing zoning will not
be changed. However, the proposed changes include new requirements that will impact the pattern
and timing ofdevelopment in the County includingperformance standards, design criteria, required
levels of service and similar tools, as well as several incentive -driven alternative development
patterns. For example, one of the major goals of the County's Master Plan was to maintain the
"rural " character ofthe areas located outside ofthe cities. Some tools that the County will be using
to achieve this goal include the new Conservation Development (or &Iustering') provisions and the
TDU Program. Although the County should be commended for these efforts, staff continues to
question whether the Proposed Land Use Code goes far enough in preserving rural character and
maintaining separation between communities. The existing zoning of FA, FA-1 and AP Airport
allow densities above what would be considered rural by City staff.
Lastly, in working towards a funding system where new development pays its fair share ofthe costs
of new services and facilities, certain new fee structures have been incorporated into the Code
including regional parkland, county transportation capital expansion, and regional transportation
fees.
Specific Comments
A copy of the proposed Code was distributed to appropriate City Departments for review. Specific
staff responses were compiled listing general comments and specific text revisions to be
incorporated into the Code (See Exhibit A to Resolution 99-99).
Council Growth Management Committee Recommendation:
The Council Growth Management Committee reviewed staff comments at its meeting held on July
19, 1999 and agreed to forward a recommendation to Council supporting the Proposed Lorimer
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August 3, 1999
County Land Use Code, dated May 17, 1999, with the incorporation ofsuggested staff changes into
the Code Document. "
Councilmember Mason stated that the Growth Management Committee reviewed the matter and has
made a recommendation to the Council for approval of the Resolution. He also stated that the
Council will be meeting with the Larimer County Commissioners on August 4 and that this is on the
agenda.
Evelyn King, 6321 14th SW, Loveland, spoke regarding the impact of the proposed Land Use Code
and stated that the unincorporated portion of the County does not have the growth problems
experienced in Fort Collins. She stated that the proposed Code is extreme in light of the slow growth
experienced in rural Larimer County and that the Code is contradictory and confusing. She asked
that the Council remain neutral or recommend to the County that the Code be made fairer.
Randy Fischer, 3007 Moore Lane, spoke in support of making the proposed Land Use Code better
and stronger and stated that there have been efforts to weaken the Code to the point that it is not
acceptable to the City. He stated that the Code has deficiencies in regard to environmental issues,
and he requested that the Council amend the Resolution to state that the Land Use Code should be
amended in accordance with City staff recommendations to make it meaningful or it will not be
supported by the City.
Kelly Ohlson, 2040 Bennington Circle, stated that he withdrew this item from the Consent Calendar
because it will have significant impact on residents of Fort Collins. He also noted that the City's
feedback should have been given to the County much earlier.
Councilmember Bertschymade amotion, secondedby Councilmember Wanner, to adopt Resolution
99-99.
Councilmember Byrne asked about the schedule for County adoption of the Code. Pete Wray, City
Planner, outlined the schedule and spoke regarding the feedback processes that have taken place.
Joe Frank, Director of Advance Planning, spoke regarding the City's review and previous feedback
given to the County.
Councilmember Byrne asked if the outcome of implementation of a watered down Code will be
clustered sprawl. Wray stated that there are concerns regarding maintenance of rural character
outside of municipal boundaries. Frank spoke regarding rural character and cluster development.
Councilmember Byrne asked about the possibility of making a recommendation to the County
regarding how to preserve rural character. Frank suggested that rural character in the FA-1 zone
could be discussed at the August 4 meeting with the County.
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August 3, 1999
Councilmember Kastein asked about the County rezoning process. Frank stated that the County is
not doing any rezoning with the new Land Use Code.
Councilmember Mason requested a friendly amendment to add a deadline of August 31 for the
County to respond in writing so that the City would have the County's reply before the
Commissioners vote on the matter. The motion maker and second (Councilmembers Bertschy and
Warmer) accepted the amendment as a friendly amendment.
Councilmember Kastein stated that he would not support the Resolution because he is not familiar
enough with the proposed Land Use Code.
The vote on the motion to adopt Resolution 99-99 as amended was as follows: Yeas:
Councilmembers Bertschy, Byrne, Martinez, Mason, Wanner and Weitkunat. Nays: Councilmember
Kastein.
THE MOTION CARRIED.
Other Business
Mayor Martinez commented regarding National Night Out.
Councilmember Mason stated that he has received input that the trucks on Vine are a danger to the
public and requested a staff report on the issue. City Manager Fischbach stated that the
Transportation Board and staff are working on the issue.
The meeting adjourned at 11:55 p.m.
ATTEST:
Adiournment
Mayor
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