HomeMy WebLinkAboutMINUTES-09/16/2003-RegularSeptember 16, 2003
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, September 16,
2003, 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, Hamrick, Kastein, Martinez, Roy, Tharp and
W eitkunat.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Brad Edwards spoke about open meeting laws and open government at the bureaucratic level. He
suggested that City departments have open government days to discuss current work such as the
work being done on storm water improvements along the bike trail.
Andrew Manriquez, 628 East Elizabeth, expressed concerns regarding repeated car thefts and
vandalism in his neighborhood and the need for increased law enforcement.
Rose Russell and daughter Jennifer Russell stated she would like to speak regarding agenda item
#24 Resolution 2003-103 Supporting the Development ofa Shane's Inspiration Playground in Fort
Collins. Mayor Martinez stated there would bean opportunity for discussion later in the agenda and
that he would allow her participation at this point in the meeting due to her inability to be present
later in the meeting. Ms. Russell spoke regarding the need for more accessible parks and
playgrounds and supported the retrofitting of Rolland Moore Park for greater accessibility.
Robert Burns, 1819 Indian Meadows Lane, Library Board member, stated he was speaking as a
private citizen. He spoke regarding an AARP magazine survey listing the best places to live which
listed Fort Collins as the number 1 place to live. He stated people want to live in Fort Collins
because of the quality of life. He asked that Council give special consideration to the library and
the bike trails in considering the budget.
Debra Sexton spoke regarding tiered water rates and stated they penalized people with larger lots
and larger families. She stated the tiered water rates make it difficult to keep trees alive.
Kelly Ohlson, 2040 Bennington Circle, stated the vacancies on the newly created Budget Advisory
Committee should be advertised and opened up to the public and that the appointments should be
made by the Council. He stated appointments should represent all points of view. He stated water
bills would not be high throughout the year and that the tiered water rates will help convince people
to use less water.
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Citizen Participation Follow-up
Mayor Martinez asked for the Police response time on the situation mentioned by Mr. Manriquez.
City Manager Fischbach stated the officer was on the scene 10 minutes after the first call and that
the officer cleared the scene 59 minutes later. He stated a second call came in 18 minutes later and
that call was responded to within 6 minutes and that the officer cleared the scene 17 minutes later.
Councilmember Bertschy stated car windows were shot out in his neighborhood last year and that
the two culprits were apprehended. He stated the Council will be taking neighborhood concerns into
account in discussing the budget.
Councilmember Tharp stated the City did have a sampler tour program during which citizens could
get acquainted with City departments and that the program was cut due to budget constraints. She
stated she would support implementing the program once again when the budget allowed.
Councilmember Kastein stated he agreed with Ms. Sexton's comments that tiered water rates are
unfair. He stated the library and bike trails are important and that the issue will be finding the
money to allocate to those items.
Councilmember Roy stated tiered water rates were high in the summer months and that there would
be a cost to increasing the water supply. He stated water should be expensive for high usage. He
stated he would favor having a public process for appointments to the Budget Advisory Committee.
Councilmember Weitkunat stated the Council will be looking at tiered water rates. She stated the
issue needed to be approached in a common sense matter and that the tiered rates might need to be
adjusted. She stated it was important for citizens to keep presenting anecdotal information to the
Council.
Councilmember Hamrick stated the Council is not fully in agreement on the tiered water rate issue.
He stated water is priced to allow the cost of operations to be recaptured. He stated there is a need
to conserve in this semi -arid environment and that water users will pay through water rates or
through building more dams. He stated the water rates reflected that those who use more water
should pay the cost.
Councilmember Bertschy stated the more water used will mean a higher ultimate cost. He stated
the intent was fair rates within a tiered system and having those with a greater need for water help
support future capacity.
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Agenda Review
City Manager Fischbach stated agenda item #20 Resolution 2003-0 79 Adopting Amendments to the
Financial Management Policies would be withdrawn from the agenda and scheduled for a Study
Session discussion.
Councilmember Hamrick withdrew item #14 First Reading or Ordinance No. 129, 2003, Amending
the Zoning Map of the City ofFort Collins by Changing the Zoning Classification for that Certain
Property Known as the Vineyard Rezoning from the Consent Calendar for separate discussion.
CONSENT CALENDAR
Second Reading of Ordinance No. 121, 2003, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund to be Used to Evaluate and Determine the
Cultural Affiliation of Human Remains and Cultural Artifacts in the Museum's Holdings.
The City was awarded a $75,000 grant from the National Park Service. This Ordinance,
which was unanimously adopted on First Reading on September 2, 2003, appropriates that
grant money in the Museum's NAGPRA grant project.
8. Second Reading of Ordinance No. 122, 2003, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
The City has been awarded a $48,688 grant from the Colorado Tourism Office for the
operation of the Fort Collins Welcome Center for the fiscal year July 1, 2003 to June 30,
2004. The City has contracted with the Fort Collins Convention and Visitors Bureau to
operate this program. This Ordinance was unanimously adopted on First Reading on
September 2, 2003.
Second Reading of Ordinance No. 123, 2003, Authorizingthe he Appropriation of Funds for
Expenditure to Be Used for the Fort Collins -Loveland Airport's FAA Sponsored Airport
Master Plan Update Study.
This Ordinance, which was unanimously adopted on First Reading on September 2, 2003,
appropriates the City's 50% share of the $200,000 additional grant money (or $100,000) as
well as its 50% share of the $22,200 required matching funds (or $11,100).
10. Second Reading of Ordinance No. 124, 2003, Amending Section 22-90 of the City Code
Relating to the Limit on Special Improvement District Assessments.
This Ordinance, which was unanimously adopted on First Reading on September 2, 2003,
does not have a direct financial impact on the City. Indirectly, this change may have a
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beneficial effect in that it may reduce the amount of money that the City will have to
contribute to street improvements and other capital projects.
11. Second Reading of Ordinance No. 125, 2003, Designating the Empire Grange Hall, 2306
West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
The members of Empire Grange #148 initiated this request for Fort Collins Landmark
designation for the Grange Hall. Due to the Hall's excellent physical integrity and high
degree of architectural and historical significance, the building may be regarded as
individually eligible for landmark designation under City of Fort Collins Landmark
Preservation Standards. The Grange Hall, still in use after 91 years, remains a tangible
reminder of the presence in Fort Collins of the Order of the Patrons of Husbandry, or
Grange. Ordinance No. 125, 2003, was unanimously adopted on First Reading on
September 2, 2003.
12. Items Relating to an Intergovernmental Agreement with the Colorado Department of
Transportation.
A Resolution 2003-101 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation for the Construction of
a Median at the Intersection of College Avenue (US 287) and Lake Street for Safety
Improvements.
B. First Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount
of $186,000 to Install a Median on College Avenue at the Intersection of Lake Street.
The intersection of College Avenue and Lake Street is currently a full movement, stop
controlled intersection. This intersection also has the highest number of accidents for any
stop controlled intersection within Fort Collins. Over the past four years, there have been
55 accidents at this location, many of which have involved injury. In the Fall of 2002, the
City staff applied for, and was awarded a Hazard Elimination Grant in the amount of
$186,000 to construct a median on College Avenue that would prevent the north and
southbound left turns as well as the east and westbound left and through movements. In
effect, Lake Street will become a right-inhight-out access onto College Avenue.
13. First Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
The project components include the construction of a bicycle/pedestrian trail and associated
lighting and landscaping improvements along the Burlington Northern Santa Fe (BNSF)
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Railway corridor from Harmony Road south to the future Fossil Creek trail, a distance of
approximately 3/4 mile.
This ordinance does not automatically result in the filing of a petition in eminent domain;
it simply allows staff to use the process if good faith negotiations fail to result in an
agreement between the City and the affected property owners. Staff is hopeful that all
acquisitions will be accomplished by agreement. This process does not apply to the
negotiations between the City and BNSF; it would only apply to any private property owners
along the corridor where land may be needed permanently for the trail or just during the
construction process.
To utilize the State funding, all right-of-way (ROW) must be acquired prior to advertising
the project for construction. Therefore, in the event that eminent domain proceedings need
to be used, it is critical that this ordinance be in place to limit any possible delays.
14. First Reading of Ordinance No. 129, 2003, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning.
This is a request to rezone a portion of a tract of land located at the northeast corner of East
Vine Drive and I-25. This parcel is 78.6 acres in size and is currently zoned I — Industrial.
The proposed rezoning would rezone the eastern 43.8 acres of land from Industrial to Urban
Estate residential, the remaining 34.8 acres of land adjacent to I-25 would remain zoned
industrial. The parcel is designated as part of the I-25 Special Corridor Study on the City
of Fort Collins Structure Plan and Urban Estate on the recently adopted I-25 Subarea Plan.
The rezoning request is consistent with the recently adopted I-25 Subarea Plan. This plan
designates the land 1 /4 mile east of I-25, north of Vine Drive, as Urban Estate Residential.
The Urban Estate zone district permits up to two residential units/acre. The purpose of the
I-25 Subarea Plan is to provide a mix of housing and employment uses along I-25, and
provide a transition of density and land use intensity from the area directly adjacent to 1-25
to the rural character outside of the City's Urban Growth Area in Larimer County.
15. First Reading of Ordinance No.130,2003, AUthorizingaTemnorary COnstruction Easement
for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and
Fossil Creek Reservoir Natural Area By Fort Collins -Loveland Water District and
Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm
Drainage Improvements.
The Fort Collins -Loveland Water District (FCLWD) will be constructing a 30" diameter
water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins
Stormwater Utility needs critical flood control box culverts installed in this location of
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Timberline for public safety during 100-year storm events. The City and FCLWD are
constructing the improvements cooperatively under one contract to minimize cost and
impact to the public. The Stormwater Utility will pay fair market value as compensation for
the temporary construction easement and slope restriction required for fill areas adjacent to
the box culverts and for restoration of disturbed areas. The temporary construction
easements are being granted to the FCLWD as the entity that will be completing the work
on the properties.
The Fort Collins -Loveland Water District will be installing a 30" diameter water line in
Timberline Road from Trilby to Carpenter, and continuing south to serve the new Larimer
County Event Center and the expanding facilities in the vicinity of the Fort Collins -Loveland
Airport. Through inter -agency coordination, the City Stormwater Utility will, in conjunction
with this project, install a large drainage crossing on Timberline at Fossil Creek consisting
of several box culverts to pass projected 100-year stormwater flows. These improvements
are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil
Creek Reservoir Natural Area on the east, adjacent Timberline Road.
16. First Reading of OrdinanceNo.131,2003,Vacating aPortion ofRight-of-Way as Dedicated
on the Plan of Rigden Farm, Filing One.
The Rigden Farm development site is located south of Drake Road, east of Timberline Road
and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an
unnamed street would extend northerly beyond Limon Drive between Rockford Drive and
Kansas Drive. The street stub for this anticipated street was dedicated with Rigden Farm,
Filing One. Rigden Farm, Ninth Filing Parkside Commons for which an Administrative
Hearing was held on August 20, 2003, showing that the street stub is no longer needed and
will be removed. The development instead will dedicate the right-of-way for and build the
extension of Kansas Drive to Drake Road, which is approximately 200 feet west of the street
stub to be vacated. Therefore, the right-of-way for the street stub is no longer necessary and
is proposed for vacation at this time. Because utilities currently exist within the right-of-way
the area will be retained as a utility easement.
17. First Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1.
This site is located south of County Road 52, east of County Road 11 and north of Mountain
Vista Drive. It was a county development proposal that dedicated the streets as shown and
laid out on the 19th Green Planned Unit Development — Phase 1. Neither the streets nor the
development was built. The dedicated right-of-way was annexed into the City when the
parcel was annexed in 1983. An Administrative Hearing was held on April 24, 2003, for the
Maple Hill development proposal, which shows a different street layout than was originally
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platted. Therefore, the right-of-way for the streets are no longer necessary and are proposed
for vacation at this time.
18. First Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code Related
to Electric Transmission Facilities and Electric Service.
The Ordinance revises Sections 26-411 and 26-412 of the City Code to authorize non -City
owned electric transmission facilities (those not serving customers within the City) inside
the City limits following annexation to remain in place or be relocated into City rights -of -
ways or public utility easements under the same terms and conditions as other public
utilities, or by grant of Council -approved easement or revocable encroachment pen -nit.
Current City Code requires a franchise for such lines.
The Ordinance also revises Section 26-444 regarding transfer of customers after annexation.
The proposed change eliminates the 90-day limit on the period during which a non -City
owned utility may continue to serve its existing customers after annexation without a
franchise. Instead, the new language permits the existing utility company to continue to
serve its customers within the annexed area until such time as the City notifies the other
utility of its readiness to provide electric service to the annexed customers. Although the
City's electric utility intends to provide electric service to all properties within the city
limits, it is not practical to do so within 90 days.
19. Resolution 2003-102 Making Findings of Fact and Conclusions Regarding the Appeal of
a Decision of the Administrative Hearing Officer Relating to the Discount Tire at Fossil
Creek Project Development Plan.
On July 24, 2003, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Administrative Hearing Officer (the "Hearing Officer"). On August 11,
2003, an amended Notice of Appeal was received by the Clerk's office. In this amended
Notice of Appeal, the Appellant, James Silhasek of Discount Tire Company, alleges that the
Hearing Officer failed to conduct a fair hearing in that he considered evidence relevant to
the finding which was substantially false.
On September 2, 2003, City Council voted 5-1 to remand the matter back to the Hearing
Officer for rehearing.
20. Resolution 2003-079 Adopting Amendments to the Financial Management Policies.
The Financial Management Policies guide budget preparation and long-range financial
planning. The policies reflect Council direction and commitment to sound financial planning
and management.
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***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 121, 2003, Appropriating Unanticipated Grant Revenue
in the Cultural Services and Facilities Fund to be Used to Evaluate and Determine the
Cultural Affiliation of Human Remains and Cultural Artifacts in the Museum's Holdings.
Second Reading of Ordinance No. 122, 2003, Appropriating Unanticipated Grant Revenue
in the General Fund for the Operation of the Fort Collins Welcome Center.
Second Reading of Ordinance No. 123, 2003, Authorizing the Appropriation of Funds for
Expenditure to Be Used for the Fort Collins -Loveland Airport's FAA Sponsored Airport
Master Plan Update Study.
10. Second Reading of Ordinance No. 124, 2003, Amending Section 22-90 of the City Code
Relating to the Limit on Special Improvement District Assessments.
11. Second Reading of Ordinance No. 125, 2003, Designating the Empire Grange Hall, 2306
West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount of
$186,000 to Install a Median on College Avenue at the Intersection of Lake Street.
13. First Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
14. First Reading of Ordinance No. 129, 2003, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Vineyard Rezoning.
15. First ReadingofOrdinance No.130,2003, Authorizing aTemnorary Construction Easement
for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and
Fossil Creek Reservoir Natural Area By Fort Collins -Loveland Water District and
Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm
Drainage Improvements.
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16. First ReadineofOrdinanceNo.131,2003,Vacating aPortion ofRight-of-Way as Dedicated
on the Plan of Riyden Farm, Filing One.
17. First Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights -of -Way as
Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1.
18. First Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code Related
to Electric Transmission Facilities and Electric Service.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Reports
Councilmembers Kastein and Tharp reported on the RTA Subcommittee discussions regarding the
positions of the participating entities regarding the intergovernmental agreement and the future of
the RTA.
Councilmember Hamrick asked if the intergovernmental agreement would be the same for all
participating entities.
Councilmember Tharp stated each entity could propose modifications to the IGA.
Councilmember Hamrick asked if the Council will discuss the evolution of the IGA at Study
Sessions. City Manager Fischbach replied in the affirmative.
Councilmember Bertschy asked when the first draft of the IGA will be reviewed.
Councilmember Kastein stated a template of the IGA was being circulated and that a final draft will
be finalized months down the road.
Resolution 2003-103
Supporting the Development of
a Shane's Inspiration Playground in Fort Collins, Adopted.
The following is staffs memorandum on this item.
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"Financiallmpact
The development of the playground would need to be funded through a partnership of City and
private funding. The cost of the playground has not been determined at this time.
Operation and maintenance of the playground would need to be budgeted in future Parks
Maintenance budgets. The cost ofoperation and maintenance has not been determined at this time.
Executive Summary
The City of Fort Collins has an extensive park system with numerous playgrounds that allow for
inclusion of all children. Play equipment in the playgrounds allows for access by children with
disabilities. Accessible surfacing, routes and transfer points provide disabled children the
opportunity to play alongside able-bodied children. The opportunity to enhance our playground
system with a totally accessible playground is exciting for the community. The City working with
visionary community leaders, can make this playground a realityfor all children.
Shane's Inspiration is an organization that helps communities create a universally accessible
playground environment where all children can play together at the highest level of their ability.
The playground design provides sensory -rich and physically challenging equipment for independent
play with the opportunity for disabled and able-bodied children to experience and accept one
another. These playgrounds enhance a child's emotional, physical and social development, as well
as teach compassion and acceptance. "
Mayor Martinez read introductory remarks regarding the proposed playground for children with
disabilities, and a seven -minute video was shown.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Resolution 2003-103.
Councilmember Weitkunat stated this was an important and positive direction for an inclusive
community.
Councilmember Bertschy stated Fort Collins had taken the lead since the 1980's in helping youth
of all ages enjoy the recreation system. He stated this is a worthy project for the City to pursue.
Councilmember Roy stated this playground will integrate all children in their play and that he would
support this direction for other playgrounds.
Mayor Martinez stated he supported the project.
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The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Public Hearing on the 2004-2005
Recommended Biennial Budget for the City of Fort Collins. Held.
The following is staffs memorandum on this item.
"Executive Summary
This is the first official public hearing on the City Manager's 2004-2005 Recommended Biennial
Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on
the 2004-2005 budgetfor the City ofFort Collins.
In an effort to receive further public input, a second public hearing is scheduled for the October 7,
2003 Council meeting.
The City Manager's 2004-2005 recommended budget can be reviewed at the Main Library, the
Harmony Branch Library, or the City Clerk's Office. The recommended budget can also be viewed
on the internet at w iw./cgov.com/budget. In addition to the Public Hearings, comments on the
budget can also be made on the internet at www. kgov. com/bud eg t oi- by calling 416-2489 (#5001). "
City Manager Fischbach stated this was the first of two public hearings on the budget. He reviewed
the budget process and hearing and adoption schedule. He stated the budget for 2003 was
$440,450,720 and that the balanced budget for 2004 was $438,069,004. He noted that this is a
decrease of 0.5%. He stated the recommended budget for 2005 was $450,174,400 (a 2.8% increase
over the 2004 budget). He stated the purpose of this hearing is to hear citizen questions and input
regarding the budget.
Donald Oehlerts, Library Board, stated the Board appreciated the interest and support of the City
Council in the Library. He stated the library budget was a small part of the total City budget. He
asked that the Council consider setting a benchmark of 1% of the total City budget for library
operations.
Kathy Wright, Executive Director of Boys and Girls Clubs of Larimer County, asked that Council
reconsider budget cuts for the Boys and Girls Club.
Brad Edwards spoke regarding the need to indicate publicly whether the proposed budget was a
requested increase or decrease and asked for more funding for the library and bike trails.
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Rudy Maes, Vice-Chainnan of the Library Board, asked for consideration of funding for the
bilingual librarian program.
Andrew Manriquez, 628 East Elizabeth, spoke regarding the need for more funding for police
services and asked about the cost benefit of past increases for transportation funding. He asked how
the City compared with other cities for police funding.
Kelly Ohlson, 2040 Bennington Circle, suggested looking at expenditures and possible cuts in some
areas. He stated one of the City's budget goals was "no layoffs", and he questioned that assumption.
He stated some positions could be eliminated because they are not high priorities and that the
elimination of some positions could mean that service cuts would not be needed. He stated many
positions do not provide direct services to the public. He stated the "real money" was in salaries and
benefits and that the City is looking at the wrong market group in setting salaries and benefits and
that the City needs to look at a wider market. He favored asking the City employees to pay more
of their health care costs.
Mayor Martinez asked what the cost would be for the bilingual librarian position. City Manager
Fischbach stated the cost would be $18,500.
Mayor Martinez asked if that position is on a year-to-year contract. City Manager Fischbach replied
in the affirmative.
Mayor Martinez asked if this money could be taken from reserves. City Manager Fischbach stated
it could be taken from reserves and that staff is looking at that possibility.
Councilmember Tharp requested clarification regarding whether the $18,500 is for the bilingual
program or for the position. City Manager Fischbach clarified that the money is for the program and
that the cost of the bilingual librarian position was considerably more.
Councilmember Tharp stated she would support taking the one-time money from some other source.
Councilmember Kastein asked about data regarding criminal activity of youth when there were Boys
and Girls Clubs and when there were not. City Manager Fischbach stated staff would attempt to
locate that information.
Councilmember Kastein asked for information about the increases in transportation services funding
referenced by Mr. Manriquez. City Manager Fischbach stated the 20% increase was due to an
accounting change and that staff would provide additional information to Council.
Councilmember Kastein stated he would like to see comparative information for the last five years
regarding the recent increases for transportation and police services. City Manager Fischbach stated
staff would provide some data to Council.
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Councilmember Kastein requested data on the benefits comparison with 11 other Cities. City
Manager Fischbach stated information would be provided.
Councilmember Weitkunat asked if there is an agreement with the Boys and Girls Club for
decreased funding. City Manager Fischbach stated there was no agreement and that the City had
implemented a decreased funding program starting last year. He stated there is no proposal for one-
time funding in this year's budget and that it is proposed to eliminate ongoing funding.
Councilmember Roy asked staff to address the condition of bike trails and the plans to repair them.
City Manager Fischbach stated the City had replaced roughly a mile of bike trails with concrete
along Spring Creek and the Poudre River. He stated he would provide information regarding those
improvements to Mr. Edwards.
Councilmember Roy asked if the Martinez portion of the bike trail would be undergoing repairs
starting in October. City Manager Fischbach replied in the affirmative.
Councilmember Bertschy requested that the whole Council receive staff responses to the questions
that had been posed. City Manager Fischbach stated the entire Council would receive all staff
responses.
Councilmember Tharp noted that three areas showed significant increases in spite of the overall
budget cuts and that the public needed an explanation. She stated she understood that two of the
increases were due to accounting changes. She requested that staff address the 14% in
administration, the 20% increase in transportation and the 13% increase in "other" expenditures.
She suggested that those increases be explained to the public in some way.
Councilmember Hamrick suggested comparisons of the information available to the Council with
the information that Mr. Ohlson had regarding the amounts paid for health benefits by City
employees compared with other employees. He stated he would like to see information that
included more than the 11 other cities and that he would like to see the information that Mr. Ohlson
had available. He stated he would like to see a comparison between the actual dollars paid by
employees now compared with the next budget year.
Mayor Martinez asked for a comparison between City salaries and the salaries for other
governmental agencies.
Councilmember Weitkunat commented that the budget is a "balancing act" and that if dollars are
to be allocated in one place, the question is, where will they come from? She stated she would like
to hear suggestions from citizens about where the money would come from for their requests. She
stated she would like to hear what citizens thought should be cut to provide the desired service.
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Councilmember Roy commented that the City purchased a full -page ad in the newspaper regarding
the budget hearing and that six people came to the hearing to speak about over $3 million in budget
cuts. He stated tough choices will have to be made in the budget and that he hoped that the public
would "vigorously" share their ideas about the budget. He stated he believed that the employees
should pay more of the cost for their benefits. He stated the "quiet was deafening" at the budget
hearing and that he would encourage everyone to become more involved in the budget process.
Councilmember Tharp commented that the most striking figure in thebudget is the division between
primary and secondary services. She stated 78% of the money went to primary services and 13%
to other services that many considered to be "quality of life" services. She stated less than l % of
the budget went to the library. She stated she had reviewed the proposed cuts and had made
suggestions on using one-time money to deal with some of the cuts. She stated money could be
taken from uncommitted reserves for one-time priority items. She stated some reserves were set
aside for "financial uncertainties" and that she saw this uncertain revenue situation as financial
uncertainty. She stated some money could be taken from pavement management and that Council
would have to make a decision as to priorities. She stated money could be taken from other areas
for the police budget.
Councilmember Bertschy stated there were several ways that citizens could provide input on the
budget and that a second hearing on the budget would be held.
Mayor Martinez expressed concern about the level of funding for police services.
Resolution 2003-104
Adopting a Water SuPely and Demand Management Policy, Adopted.
The following is staff s memorandum on this item.
"Financial Impact
This Resolution adopts a policy regarding water supply and demand management that in itselfdoes
not have a financial impact. Separate actions to implement certain policy elements, such as new
rate structures, incentive programs, and the development of additional storage capacity, will have
financial impacts and will be brought to Council later as needed. The funds for this are budgeted
in the Water Fund.
Executive Summary
This resolution updates and integrates two previous resolutions: Resolution 88-205 Adopting a
Water Supply Policy and Resolution 92-63 Adopting a Water Demand Management Policy.
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BACKGROUND:
Several study sessions were held last year with the City Council regarding the City's water supply
system and future needs through 2040. As a result of those meetings, the Council requested that
staff evaluate the City's present water demand and develop an integrated water supply and demand
managementpolicy. Staff"gatheredadditional information regarding water use, received inputfrom
a number individuals and groups regarding water use and water supply, and reviewed theproposed
integrated policy at Council's August 12, 2003, study session. As a result of the direction received
at this meeting, staff revised Section ].a. to reflect an average day goal of 195 gallons per capita
per day (gpcd) by 2010 and peak demand goal of 502 gpcd. Section 2. c. was revised to show the
storage capacity associated with the new goals. Staff has also substantially narrowed the range of
storage needed to a range of 15,500 - 17, 000 acre-feet because of the concerns expressed at the
study session that the previous range was too broad. This new range is based on serving new
growth within the City's service area and other areas defined by existing intergovernmental
agreements.
Although water supply planning will be based on policy goals, conservation efforts are expected to
reduce average day water use below 195 gpcd and peak daily demand to less than 502 gpcd. "
City Manager Fischbach introduced the agenda item.
Mike Smith, Utilities General Manager, stated an in-depth presentation had been made at the study
session. He stated changes had been made to the per capita goal number from 185 to 195 and to the
storage capacity as directed by Council.
Dennis Bode, Water Resources Manager, presented background information regarding the agenda
item. He outlined the eight elements and priorities of the proposed policy.
Andrew Manriquez, 628 East Elizabeth, presented a petition with over 160 signatures asking for the
repeal of tiered water rates. He read a letter from Sandy Newlin, 4112 Mount Vernon Court, asking
for reconsideration of the tiered water rates. He questioned the rate structure that caused residential
customers to pay more than commercial customers.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of tiered water rates. He stated lower
income people who use less water will save money with the tiered rates and that middle income
users will save a little bit of money if they conserve water, and those who used a lot of water will
pay more. He noted that Council gave direction at the study session to change to 195 gallons per
capita per day and that he did not support that change. He stated 195 gallons was a "non -goal" and
that this would mean a need for more storage capacity which will be very costly and will contribute
to environmental destruction.
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September 16, 2003
Smith stated the majority of Council gave direction to Council at the study session to increase the
amount from 185 to 195 gallons per capita as recommended by the Water Board. He stated the 195
gallons would require more storage capacity. He stated current usage is at 198 gallons per capita
per day.
Councilmember Weitkunat asked about the program for assisting customers to replace outdated
water consumptive items. Smith stated many customers responded to the program and that staff will
be proposing another similar program.
Councilmember Weitkunat asked if the ideas of the Water Board had been incorporated into the
policy, specifically the idea about including a flat rate structure. Smith stated those ideas were not
included.
Councilmember Roy asked about the reference on one of the slides that related to fair cost of
providing raw water to surrounding areas. Smith stated most surplus raw water was rented for
agricultural use in the area.
Councilmember Roy asked about a reference to the diversion of agricultural water to municipal use
and how much water would be diverted. Bode stated much of the new supply came from the
conversion of agricultural irrigation to municipal use. He stated 2,000-3,000 acre-feet would
probably be diverted over 10 years.
Councilmember Roy asked how many acre-feet were saved through watering restrictions and tiered
pricing. Smith stated it was difficult to determine due to the wet spring. City Manager Fischbach
stated another factor was that the City was now 100% metered. Bode stated the total reduction was
about 25%.
Councilmember Tharp asked if the rate structure item suggested that the City would look at tiered
pricing, seasonal blocks and water budgeting. Smith replied in the affirmative.
Councilmember Tharp stated her understanding was that when statistical data is available at the end
of the watering season, it will be possible to look at tiered pricing and water budgeting. She asked
if that will address the concern expressed by the Water Board. Smith stated the Water Board
believes that a fourth option of a flat rate should be left in the policy.
Councilmember Tharp asked for an explanation of the Water Board's recommendation that 195
gallons was a reasonable and realistic goal. Bode stated the Board discussed the fact that many who
had turned in water rights, believed that they should be able to use that amount of water, that the
benefits of using water were significant and desirable in the community, and that reducing the per
capita use would not be fair to existing customers.
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September 16, 2003
Councilmember Tharp asked if reducing the amount to 185 gallons will mean that new people
coming in to the City will have to provide less water rights that they would under the 195 gallons.
Smith stated there was not necessarily a direct connection between the raw water requirement and
the number of gallons.
Councilmember Tharp asked about the current level of usage. Smith stated the use was at about 198
gallons per capita.
Councilmember Tharp asked if there had been an incentive program for toilet replacement. Smith
stated the incentive program had been for washing machines.
Councilmember Tharp asked if the storage plan included an option for regional cooperation for
storage and sharing of water. Smith stated staff was looking at a regional cooperation component
for Halligan Reservoir.
Councilmember Tharp asked if the City is charging developers the actual cost of buying water in
today's market. Smith stated it depended on the type of water, i.e., CBT water is higher priced than
the cash -in -lieu -of amount charged developers.
Councilmember Tharp asked if that is why the City's development costs are lower. Smith replied
in the affirmative.
Councilmember Kastein stated at the study session the fairness issue was addressed with regard to
the 195 gallon goal and the fee structure. Smith stated the storage levels in the policy corresponded
to the per capita goal.
Councilmember Kastein asked if the fee structure is set based on what is predicted that people will
use and the storage that will be needed to cover that use in years to come. Bode stated the mix of
water rights and the available storage for those water rights is part of the equation.
Councilmember Kastein asked if the Water Board's fairness argument is that dropping the target and
buying less storage will not be fair to those who had paid for more storage. Smith replied in the
affirmative.
Councilmember Kastein asked about the cost for the needed storage. Smith stated 3,000 acre-feet
of storage could be $8-10 million.
Councilmember Kastein stated he would like information on how the fee structure related to the
usage goal. Smith stated staff periodically reviewed development fees.
("Secretary's Note: The Council took a brief recess at this point.)
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September 16, 2003
Councilmember Bertschy stated he favored the 185 gallon target at the study session and asked if
the City is on its way to attaining that goal by 2010. Smith replied in the affirmative and stated staff
believes that the 185 gallon goal is attainable.
Councilmember Bertschy asked if there are projections of future needs beyond 2010. Smith stated
there are projections to 2040. He stated part of the raw water equity issue is the issue of reliability
because the raw water requirement is based on a 150-year drought usage figure.
Councilmember Hamrick asked for clarification regarding how the goal for usage affects future
storage capacity. Smith stated 3,000 acre-feet less will be required if the 185 target is followed.
Councilmember Hamrick asked if the 195 gallon figure applied only to Fort Collins utility users.
Smith replied in the affirmative.
Councilmember Hamrick asked if other utilities mirrored Fort Collins as far as the goal. Smith
replied that they did not necessarily follow Fort Collins' lead.
Councilmember Hamrick asked about the goals of other utilities. Smith stated other districts could
be lower if they have a mix of high residential versus commercial uses. He stated other entities
often do not have policies as Fort Collins does.
Councilmember Hamrick asked if building a dam in response to a 150-year drought and additional
growth could be needed in response to other utilities failing to conserve, even if the City conserves.
Smith stated part of the permitting process for new reservoirs and dams includes having an
aggressive conservation program in place. He stated if other districts or communities want to
participate in building additional storage capacity, they will be required to have such a conservation
program.
Councilmember Hamrick asked how much it would cost to expand Halligan Reservoir to 40,000
acre-feet and if the money currently being collected will be enough to pay for that expansion. Smith
stated the cash -in -lie -of raw water dollars provided by new development over the next 20-30 years
will more than pay for the expansion of the reservoir to the needed capacity (up to 20,000 acre-feet).
Councilmember Hamrick asked if a break point would be reached as water demand grows where
the necessary growth will not continue to pay for the extra capacity. Smith replied in the
affirmative. He stated building the storage capacity needed by the City versus building the larger
reservoir to meet the needs of others is twice as costly. He stated there would be economy of scale
and in sharing costs.
Councilmember Weitkunat asked about the underlying premise of the water demand policy. Smith
stated it was to give staff a direction and target for demand management or supply.
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September 16, 2003
Councilmember Weitkunat asked if the financial impact issues will be dealt with at a later time.
Smith replied in the affirmative.
Councilmember Weitkunat stated this is a planning tool for water supply and sustainability. Smith
stated staff proposed the 195 gallon goal initially because this will demonstrate that the City had an
active conservation program if Halligan Reservoir or other projects are pursued.
Councilmember Kastein asked who would approve new reservoirs. Smith stated a permit will be
required from the Army Corps of Engineers and that a NEPA process will have to be followed. He
stated it will be necessary to show that the City had an active conservation policy.
Councilmember Kastein asked if the City's conservation numbers were good. Smith stated the
numbers are good and that setting a 195 target might not show that the City was actively attempting
to conserve.
Councilmember Tharp asked for other reasons to justify the 185 target. Smith stated the target of
185 gallons is attainable. He stated there is a choice regarding usage and that the City will have
education and incentive programs to encourage people to use less water.
Councilmember Tharp asked what impact the 185 target would have on future growth and
development. Smith stated people would be water conservation minded and that there could be
different standards for types of landscaping. He stated he did not think that the lower target would
either promote or discourage growth.
Councilmember Tharp asked if the 185 gallon target would be followed if a "prudent amount" of
storage would be built for drought years. Smith replied in the affirmative.
Councilmember Weitkunat asked how often a water supply and demand management policy was
done. Smith stated the policy should be reviewed every 5 to 10 years.
Councilmember Weitkunat asked if the policy could be adjusted. Smith stated adjustments could
be done at any time.
Councilmember Weitkunat stated her understanding had been that there was a direct correlation
between the gallons consumed per day and the future growth and development of storage capacity.
She stated the Water Board's recommendation regarding the 195 target was accepted without
question and that staff had not presented arguments against that recommendation. She asked about
staff s opinion regarding the 185/195 targets. Smith stated capacity numbers were related to each
target. He stated staff was surprised at the Water Board's recommendation to set a target of 195
gallons.
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September 16, 2003
Mayor Martinez asked if staff disagreed with the Water Board's recommendation. Smith stated staff
would make the 195 policy work, if that was Council's direction. He stated staff had initially
recommended a target of 185 because they believed that it was an attainable goal.
Councilmember Bertschy stated at the study session some of the Councilmembers objected to the
Water Board's recommendation of 195 and agreed with staff that 185 was an attainable goal. He
stated he would not support a target of 195 and would propose an amendment to change the target
to the original staff recommendation of 185.
Councilmember Roy made a motion, seconded by Councilmember Hamrick, to adopt Resolution
2003-104 as amended to change figures for the gallons per day to 185, the average gallons per day
to 475 and the storage capacity to 12,500 and 14,000.
Councilmember Kastein offered a friendly amendment to Section 1(c) to include the option for
discussion of a flat rate structure.
Councilmember Roy stated he would not accept that as a friendly amendment.
City Manager Fischbach stated the options listed were examples and that he believed that the flat
rate structure was an option that would be discussed.
Councilmember Kastein stated all examples should be listed.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to amend the main
motion to amend Section 1(c)(4) to include a discussion of a flat rate structure.
Councilmember Weitkunat stated it is important to put all options on the table for discussion and
that the Water Board had recommended discussing the flat rate option.
Councilmember Roy pointed out that the Water Board recommended that the water should not be
fluoridated and that the majority of the Council were against the Board's recommendation.
Councilmember Bertschy stated he would support the policy as written and that he did not see a
need to add more examples to the Exhibit.
Councilmember Tharp stated she would support listing the flat rate structure as an option to be
discussed. She stated she preferred the tiered rate with some adjustments but that the flat rate issue
could be debated.
Councilmember Kastein stated for the record that he supported tiered water structures with water
budgeting and that if the two were not to be done together, he would support going back to a flat rate
structure.
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September 16, 2003
The vote on the Councilmember Kastein's motion to amend the motion was as follows: Yeas:
Councilmembers Kastein, Martinez, Tharp and Weitkunat. Nays Councilmembers Bertschy,
Hamrick and Roy.
THE MOTION CARRIED
Councilmember Kastein stated new information had been presented to show that for a NEPA study
to take place for Halligan Reservoir, the City must demonstrate more aggressive demand
management. He stated he would support the 185 gallon target.
Councilmember Weitkunat stated it is important that the policy followed. She stated the intent is
not to curb the amount of storage that will be built. She stated the citizens had consistently
conserved water. She supported looking at regional storage solutions.
The vote on the main motion as amended was as follows: Yeas: Councilmembers Bertschy,
Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Resolution 2003-105
Stating the Intent of the City to Conduct its Development Review
Process in a Politically Neutral Manner as to Growth, Adopted.
The following is staffs memorandum on this item.
"Executive Summary
This is a resolution clarifying the City's intent for the development review process to be policy -
neutral as to growth. The resolution would apply to actions of City staff, the City Council and all
Boards and Commissions.
BACKGROUND:
A recently drafted study, Quality Improvement Plans for the Development Review Process,
commissioned by the City of Fort Collins, suggests that there is a need to adopt a clear policy
related to the function of the City's development reviewprocess. The study specifically recommends
that the development review process "should be policy -neutral, that is, the process itselfshould not
be used to slow down development depending upon attitudes about 'growth,' 'slow growth,' or no
growth.' Growth issues, if desired, should be dealt with by the City Council and adopted as clear
public policy. "
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September 16, 2003
The proposed resolution clarifies the Council's intentions and reduces the perception that the
development review process is used as a process to promote, prohibit or inhibit growth. "
City Manager Fischbach introduced the agenda item.
Cameron Gloss, Director of Current Planning, presented background information regarding the
agenda item. He stated complaints and comments had been received from the development
community and citizens that the development review process suffered from a lack of clarity,
predictability and accountability. He stated in some cases this may have resulted in unnecessary
delays in the processing of development applications and the addition of unnecessary costs. He
stated several Council candidates identified this as a major issue during the April election. He stated
the City Council had placed this issue as its top priority in the 2003-2005 policy agenda under the
category of land use plans. He stated the nation's leading consultant on municipal development
review (Zucker Systems) was hired to develop a study entitled "Quality Improvement Plans for the
Development Review Process." He stated the study made 54 recommendations and suggests some
prioritization of those recommendations. He stated none of the recommendations will result in a
lessening of the City's standards and that the recommendations focus on ways to make the process
less painful and costly. He stated the study categorized seven recommendations as the key priorities.
He stated one relates to the perception expressed by some, that the development review process is
being used as a tool to manage growth. He stated the study specifically recommended that the
development review process "should be policy neutral" and that it should not be used to slow down
development, depending on attitudes about growth, slow growth or no growth. He stated the study
recommended that growth policies should be adopted as clear public policy. He stated the proposed
Resolution will clarify the Council's intentions and attempts to address the perception that the
development review process could be used to promote, prohibit or inhibit growth. He stated staff
will be following this action with the implementation of remaining operational and process
improvements outlined in the Zucker study. He stated of the top seven major changes that staff had
received concurrence from the development community to enact three of the following changes: (1)
to change the level of engineering required before a project could be scheduled for public hearing;
(2) to reduce the amount of time that the City has development plans in its possession during each
cycle of review; and (3) to focus on problem solving during interdepartmental meetings in order
to create more predictability. He stated in addition to these immediate changes that staff has placed
the remainder of the changes into two different time frames. He stated the first would be
approximately January of 2004 and the second would be June of 2004. He stated those dates
roughly coincide with the spring and fall Land Use Code changes. He stated the City Council
Development Review Committee will be given periodic progress reports on the status and a "report
card" on turnaround regarding developments. He stated presentations had been given to the City
Council Committee and to the Chamber of Commerce.
Bill Carson, High Tech Network, spoke regarding the need to bring in companies that will provide
primary jobs and reflect the quality of life requirements of the community. He stated the
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September 16, 2003
development review process is key in bringing such companies to the community and that he
supported the Resolution.
Kelly Ohlson, 2040 Bennington Circle, stated he did not believe that the development review
process had been used to slow the development process or increase development costs. He stated
he had no problem with adoption of a growth neutral policy because he had concerns that the City
had not been growth neutral. He stated he had not heard of the three proposed changes that the
development community had been asked to review and approve and that this did not show a growth
neutral position on the part of the City. He stated the City was "expansionist' in the Resolution and
the earlier statements made by staff. He stated the citizen viewpoint should have been heard in those
three changes. He stated the development review process should be smooth, easy, consistent and
predictable if people were following the process and rules. He stated the process needed to look out
for the public interests. He stated he hoped that the organization would get to a neutral position and
that the Resolution will not be used to promote growth.
David May, Fort Collins Chamber of Commerce, stated the Chamber supported adoption of the
Resolution. He stated the development review process had been politicized and that it did not work
well and was costly. He stated the State Demographer had projected that growth in this community
will be slower than statewide growth.
Andrew Manriquez, 628 East Elizabeth, questioned the need for the Resolution and stated his
observation was that anything proposed to the City should be non -political. He stated he had a
question about whether there was a vision for the City and whether or not the City would be built -
out at some point. He asked if the question was how fast the City got there or if the City would get
there at all. He stated the question of rate of growth toward the build -out goal should be submitted
to the citizens.
Councilmember Roy asked to see the additional staff presentation that had been made to the Council
Committee and the Chamber of Commerce. Gloss stated for the record that the study was
distributed to the Planning and Zoning Board, Natural Resources Advisory Board, Air Quality
Advisory Board, a series of stakeholder groups, and many individuals who participated in the
process. He stated significant comments had not been heard with regard to the three implementation
measures.
Mayor Martinez stated Council would be voting on the Resolution rather than the implementation
points. City Manager Fischbach stated a four -member Council Committee had already heard the
additional presentation. Gloss gave the presentation regarding the Zucker report that had been given
to the Council Committee.
Councilmember Hamrick asked how the Resolution will be enforced and communicated to the staff.
City Manager Fischbach stated he would communicate the Resolution to the staff and that the staff
had already resoundingly accepted the recommendations of the report and is already enthusiastically
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September 16, 2003
implementing some of the changes. He stated enforcement will be through holding staff accountable
to performance standards. He stated the Council and the Boards and Commissions will be
responsible for enforcing the Resolution as far as their own actions.
Councilmember Hamrick asked if staff already has the ability or clear direction to enforce growth
neutrality. City Manager Fischbach stated he did not believe that the development review process
was as "broken" as some people have said it was and that this was reflected in the Zucker report.
Councilmember Hamrick stated he agreed with the City Manager's statement. He asked about the
effect of using the development review process to speed up or slow down growth i.e., with regard
to the Lifestyle Center on Harmony, whether anything that was done outside of the ordinary would
be classified as promoting growth. City Manager Fischbach stated there were fast track processes
in the development review process and that was consistent with the Lifestyle Center.
Mayor Martinez stated the Resolution is clear and asks for neutrality. He stated he viewed the
Resolution as making a public commitment to growth neutrality to eliminate perceptions that the
development review policy can be used to promote, prohibit or inhibit growth. City Manager
Fischbach stated his staff will always do everything required to adequately review every application
regardless of the time required.
Councilmember Tharp stated the intent is to deal with perceptions. She stated the development
review process is a "staff process" and that she did not believe that Council participated at any point
in the development review process.
Councilmember Weitkunat commented that an outside person looked at the development review
process and that it came to that person's attention that the City might not be "policy neutral" and that
the process was used to either slow or enhance growth. She stated the process included staff, boards
and commissions, and Council, if developments were appealed. She stated she saw no harm in
reaffirming that the City wants to be growth neutral in the development review process. She stated
codes and rules should be followed.
Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Resolution
2003-105.
Councilmembers Hamrick proposed a friendly amendment to the Resolution to strike out from the
fourth WHEREAS clause the word "prohibit" and to strike out the word "prohibition" from the
enactment clause.
Councilmember Bertschy accepted the friendly amendment. Councilmember Tharp stated she
would not accept the friendly amendment.
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September 16, 2003
Councilmember Kastein stated the Resolution states that the City wants to remove inefficiencies
from the process and to eliminate unrealistic expectations regarding the process. He stated he would
support the motion.
Councilmember Hamrick stated he saw this as a "fluff' Resolution based on perceptions. He stated
he saw no harm in the Resolution but did not see it as being very useful.
Councilmember Tharp stated it was important to deal with perceptions that "somehow Council gets
in the way of the development process." She stated making this statement was a good idea to deal
with the perceptions.
Councilmember Weitkunat stated the Resolution will reaffirm that the Council and the Boards and
Commissions will follow a growth neutral policy.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein,
Martinez, Roy, Tharp and Weitkunat. Nays: None.
THE MOTION CARRIED
Fossil Creek Trail Options Through
Paragon Point Subdivision.
The following is staffs memorandum on this item.
"Executive Summary
On September 2, 2003, City Council held a public hearing to obtain input on the location of the
Fossil Creek Trail through Paragon Point.
Paragon Point residents, trail users and the general public spoke to Council about the possible
routes for the trail. Two possible trail options were discussed, and a third option was mentioned.
See Attachment A. Since the hearing, staffhas reassessed the third option and it is also summarized
below for Council's consideration.
TRAIL LOCATION SUMMARY - PROS AND CONS
Paragon
Safety
Trail User
Private Park/
Affected
Lemay to
Point
Concerns
Support
Open Space
Homes
Trilby Cost
Support
Access/Liability
Adjacent to
Issues
Trail
Current Trail
No
User
Yes
Yes
7
$140,000*
Location
Conflicts
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September 16, 2003
LemaylTrilby
Yes
Street
No
No
20
$195,000
Trail Location
Crossings
Policy Plan
No
User
Yes
Yes
14**
5275.000
Trail Location
Conflicts/
high banks
*Plus City share ofprevious maintenance costs. Does not include possible legal costs
**Also impact to golf course
Current Trail Location:
The Paragon Point Overall Development Plan, approved by the City in 1992, shows the City's
Fossil Creek Trail going through the development. It was the intent of the developer and the City
that the trail be in that location.
Concerns were expressed about this trail location for the following reasons: it is not located in a
formal public easement; it has not been maintained by the City; it was not known to Paragon Point
homeowners; possible safety concerns for children going to the private park area; public use of
private park and open space; closeness to homes; and cost for the City to obtain an easement and
pay forprevious maintenance. The trail location was not supported by the majority of the Paragon
Point residents.
Supporters of keeping the trail in its present location stated the route is off-street and safer, and a
more desirable route for the enjoyment of trail users. The present location was supported by the
Parks and Recreation Board, and the City has offered to mitigate neighborhood concerns.
Alternative Trail Location:
This route involves placing the trail along the east sidewalk of Lemay Avenue and widening the
sidewalk to help accommodate trail users. The trail would then be located along Trilby Road in a
75 foot wide easement north of the road.
The main concern about this location is safety because ofvehicle speeds on Lemay and Trilby Roads
and the additional street crossings.
This alternative route is supported by the majority of the Paragon Point residents. They claim that
the cost would be less than the current route, and the Paragon Point Association would be willing
to grant the necessary easements for the alternative location.
Parks and Recreation Policy Plan Trail Location:
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September 16, 2003
The 1996 Parks and Recreation Policy Plan shows the Fossil Creek Trail being located from Lemay
Avenue east along the south edge ofSouthridge Golf Course to Fossil Creek and then south, through
the Paragon Point Open Space, along the creek to Trilby Road.
This route has not been extensively reviewed but was mentioned by the Paragon Point
representatives as the route people would have seen if looking for a map of the proposed trail
system. The Parks and Recreation Board expressed some interest in this route at its March 26, 2003
Board meeting. The Paragon Point Association has expressed opposition to this route because of
the impact on the neighborhood's private soccer field and open space. Initial field review indicates
that this route wouldseverely impact the thirteenth fairway at Southridge Golf Course, and it would
be extremely difficult and costly to mitigate the effect on adjacent Paragon Point property owners.
FINANCIAL IMPACT
The City previously paid $40,000 to widen the trail during development of Paragon Point.
Additional trail construction and improvements would be funded by the Conservation Trust Fund.
The estimated cost to leave the trail in its present location is about $70,000 (excluding any legal
costs). This would include costs for acquiring the remaining portion of the trail easement, work to
adjust the trail awayfrom six homes, completion of the trail to Trilby Road, additional landscaping,
fencing and signs. Previous maintenance costs performed on the trail by the Paragon Point HOA
may also need to be reimbursed by the City if the City negotiates an agreement with the property
owners. The cost to widen the sidewalk along Lemay Avenue from the trail underpass to where this
current trail leaves Lemay Avenue is estimated to be $70, 000. The total cost of this alignment from
the trail underpass to Trilby Road would be about $140, 000.
The estimated construction cost to place the trail along Lemay Avenue, south of the current trail
location and along Trilby Road is about $145,000. This would include costs for widening the
sidewalk along Lemay Avenue, the new section of trail along Trilby Road, additional landscaping,
fencing and signs. A $20, 000 repay from the Paragon Point HOA (which was part of a previously
negotiated agreement) would adjust the cost downward to about $125,000. The cost to widen the
sidewalk north ofthis location along Lemay Avenue would be about $70, 000. The total cost for this
alternative location from the trail underpass to Trilby Road would be about $195, 000.
The cost for the trail location along SouthRidge Golf Course and south to Trilby Road, shown in the
Parks and Recreation Policy Plan, would be about $275, 000. This cost would include earthwork,
concrete trail, fencing, landscaping, trail bridge, and mitigation."
City Manager Fischbach introduced the agenda item.
Craig Foreman, Manager of Parks Planning and Development, presented background information
regarding the agenda item. He showed visual information regarding the proposed trail alignments
and stated the Parks and Recreation Policy Plan route had been added to the slides.
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September 16, 2003
Melissa Collins, 1130 Pheasant Drive, asked that Council not consider the option of locating the trail
along SouthRidge golf course. She stated 14 homeowners will be impacted by that trail route. She
stated the issue is the proposed barricades.
Daryl Knoblock, 721 Roma Valley Drive, spoke regarding bicycle safety issues of the bike route
adjacent to Lemay Avenue. He presented a petition from the neighborhood that opposed the
location of the bike trail along Lemay or Trilby and asked that the option with the shortest route
along those two streets be selected. He stated the petition requested that the decision regarding the
trail route be delayed until other potential alternatives could be investigated. He requested that the
Council adopt the trail alternative along the golf course, delay the vote to allow more time to
investigate other options or adopt a modified alternative that did not require easements through
Paragon Point.
Richard McGowen, 1013 Belvedere, thanked staff for looking into the third alternative. He spoke
regarding safety issues and the petition effort regarding the trail route.
Mary Turner, board of directors of the Paragon Point Community Estates Association, stated this
is a complex issues relating to costs, liabilities, safety, fairness and the legal status of the land in
question. She stated there were misconceptions regarding the affected homes alongthe adjacent trail
and that the staff memo implied that the Lemay/Trilby trail location was less desirable because of
a greater number of homes affected. She stated the number of homes affected was a poor measure
and that the level of impact should be considered. She presented photos to illustrate her argument
that the level of impact will be greater on the seven Paragon Point homes than on the 20 homes
along Lemay and Trilby. She stated the City is planning street improvements that would mitigate
bicycle safety concerns at Lemay intersections.
Joel Lamer, board of directors of the Paragon Point Community Estates Association, continued the
presentation of visual information in opposition to the Paragon Estates trail option. He stated the
City had asserted that it had rights for the planned trail through the Paragon Point neighborhood and
that there is now new information about the trail route proposed by the City in the Parks and
Recreation Policy Plan. He stated this brought into question the City's assertion of rights regarding
the Paragon Point trail. He stated new financial information is now available and that rerouting the
trail as proposed will add approximately $30,000 to the cost to reroute irrigation equipment. He
stated the landscape manager had to drive to the Association's pump system multiple times per week
to manage the Association's irrigation system and that there will be no way to mitigate that. He
stated acquisition of an easement through Paragon Point by condemnation will require the City to
pay for the value of the land and the value of the improvements on the land. He stated the clear
alternative is to take the trail through the alternate route offered by Paragon Point.
Bob Osmundson, past President ofthe Paragon Point Homeowner's Association, spoke in opposition
to alternative #3 through the golf course, Fossil Creek and Paragon Point. He stated 14 properties
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that paid premium prices to back up to the golf course would be devalued by the placement of a net.
He stated the third option would be a more costly alternative.
Patrick Mahoney, 720 Roma Valley Drive, stated he preferred the proposed trail through Paragon
Point and away from roads. He expressed concerns regarding the relocation of a bicycle/pedestrian
path to a location along two major arterial roads. He stated over 200 signatures were collected on
a petition requesting that the Council attempt to locate the shared use trail away from major arterial
roads because of safety issues. He stated a trail away from major traffic was more attractive to
users. He asked for selection of a trail route that would stay away from Lemay as much as possible.
Michael McGrath, bicyclist, stated national guidelines advised against having bike trails parallel to
major roads due to safety issues at intersections.
Eamie Pettit, Paragon Point resident, stated the illustration showing the third alternative did not
show the paths to SouthRidge Greens that would be crossed by the bike trail.
Mayor Martinez asked about the SouthRidge Golf Course trail route planned by the City since 1996.
Foreman stated route appeared on the 1996 Policy Plan map, which was subject to change.
Councilmember Weitkunat asked about the distance down Lemay and Trilby and across Paragon
Point. Foreman stated there would be 1,700 feet on Lemay, 1,200 feet to Trilby, and 1,900 feet
along Trilby. He stated the Policy Plan route would involve 1,400 feet and the distance to the
Paragon Point open space would be 2,500 feet.
Councilmember Weitkunat asked for clarification regarding the trail alignment and pedestrian
crossings. Foreman described the route.
Councilmember Weitkunat asked if any trails in the City ran 1,700 feet along an arterial. Foreman
stated a section on Shields ran about 1/4 mile.
Councilmember Bertschy asked if the tunnel under Lemay was completed. Foreman replied in the
affirmative.
Councilmember Bertschy asked if there is a stoplight at the first intersection. Foreman replied that
there is a stoplight at Pheasant Drive.
Councilmember Bertschy asked about traffic controls at the other intersections. Foreman described
the intersections.
Councilmember Bertschy asked if the trail would remain in the current location if the plan would
be to move the trail away from the backs of homes. Foreman replied in the affirmative and stated
the trail would be moved several feet to as much as 20 feet.
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Councilmember Bertschy asked if there were other circumstances where trails crossed intersections
without signalization. Foreman stated there was one situation on the Spring Creek trail east of
College Avenue at Mathews Street that has a stop sign for the trail user and that there was another
situation on the Spring Creek trail at Welch Street at the west end of Edom Park.
Councilmember Bertschy asked about the safety perspective with the northern route through
SouthRidge golf course if a netting fence was be required. Foreman stated the netting fence would
provide protection from horizontally hit golf balls hitting people on the trail.
Mayor Martinez asked if the net would be higher than eight feet. Foreman stated horizontal
protection was desired for the trail users.
Mayor Martinez asked if the 1996 Policy Plan map had been changed. Foreman stated it would have
to be changed by the City Council.
Mayor Martinez asked if the third trail route crossed paths to the golf course. Foreman stated the
path will have to be identified as a private residential path for Paragon Point users only.
("Secretary's Note: The Council took a brief recess at this point.)
Councilmember Roy asked when the homes were built in the Paragon Point area. Foreman stated
that homes were built after 1992.
Councilmember Roy asked when the homes were built near the existing trail. Foreman stated those
homes were built after 1994.
Councilmember Roy asked if Council was bound to the 1996 Policy Plan map showing the proposed
trail location. City Attorney Roy stated it was a plan and that he did not believe that the Council was
bound by it.
Councilmember Kastein asked when the sidewalk was constructed. Foreman stated the sidewalk
was constructed between 1993 to 1997.
Councilmember Kastein asked why the trail plan was included in the 1996 Policy Plan. Foreman
stated it could have been a mistake.
Councilmember Kastein asked about safety issues relating to bikes crossing intersections where
vehicles would be making left turns. Foreman stated it is always preferred to have a trail away from
streets. He stated if a section of a trail must follow a sidewalk that there should be as much visibility
at intersections as possible.
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Councilmember Kastein asked if these are the three most plausible trail locations or if there are other
options to be examined. Foreman stated these are the three effective options.
Councilmember Hamrick asked about the impact on the golf course of placing the trail north of the
homes. Foreman stated there would be hazards of golf balls hit into the trail area and that the golf
course has indicated that they will make it work, if that route is selected.
Councilmember Hamrick asked about the impact to golfers. Foreman stated the golfers would likely
need to be more aware of who was on the trail before teeing off.
Councilmember Hamrick asked how long the trail at the existing location had been proposed.
Foreman stated this had been the public trail alignment since the City partnered to widen the trail
in 1992-1994.
Mayor Martinez questioned why the policy maps in 1996 and 1999 did not show this location.
Foreman stated the policy maps showed the alignment on a policy level and that working through
the development process put the trail at the proposed location.
Mayor Martinez asked if the public relied on the policy maps. Foreman replied in the affirmative.
Councilmember Tharp asked about the existing trail route and use as a trail. Foreman stated a five-
foot sidewalk was developed when Lemay was first put into the Paragon Point process. He stated
the sidewalk would be widened.
Councilmember Tharp stated there are safety concerns with the route along Lemay and that she
would have preferred that the other route was considered from the beginning. Foreman stated this
route showed up on the Overall Development Plan during the development process and that it did
not match the Policy Plan map.
Councilmember Hamrick made a motion, seconded by Councilmember Bertschy, to direct staff to
keep the trail alignment through Paragon Point in its present location using whatever legal means
are necessary.
Councilmember Kastein stated he was not comfortable with any of the solutions. He stated details
involved with the proposed routes are hard to deal with at the Council level. He stated each
proposed trail location has its own problems. He stated any of the routes could be made to work.
He asked if it would be worth asking staff to work out the details so that the Council could support
the current location with some mitigation measures.
Councilmember Hamrick stated there is a great deal of discomfort with any of the options. He stated
Council must be clear in its direction to staff so that staff will not have to come back to Council for
further guidance. He stated he believed that staff and the neighborhood needed to hear a clear
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statement of Council's intent. He stated he saw this as a "no win" situation. He stated he made the
motion because the trail has been in its present location for the entire time the neighborhood has
been in existence. He stated there are safety issues with the other location and that the existing trail
is preferred. He stated the citizens of Fort Collins wanted a bike trail and that those concerns must
be balanced with the neighborhood concerns.
Councilmember Bertschy stated he would support moving ahead on the motion. He stated the Parks
and Recreation Board had considered the issue twice and had come to the same conclusion. He
stated the trail was originally intended to be in this location and that the City worked out an
arrangement with the developer to pay $40,000 toward the trail. He stated mitigation will be done
and that there is no perfect solution to having a trail in this section of the City. He stated the trail
will benefit the vast majority of citizens and that he believed Council should give direction at this
time. He stated if the northern route is considered, the Golf Board should review the matter.
Councilmember Tharp stated it seemed that it would be better in the long run to have the trail
through the open space because of safety issues. She stated her first inclination was to keep the trail
where it is and that she felt that there is a dilemma on how to proceed.
Mayor Martinez expressed concern that the existing trail did not follow the 1996 and 1999 policy
maps relied upon by the public. He stated staff did a good job of trying to negotiate something
neutral to avoid affecting homeowners. He stated he believed that the route along Lemay will be
safe because it is back far enough from the road. He stated condemnation would be required if the
route through Paragon Point was forced. He stated it had not been the practice of the City to
condemn land for a trail, especially when it was not on the map or on the plat and the people who
bought property relied upon that. He stated he thought that staff had negotiated a reasonable
solution that works, is financially prudent, is acceptable to the owners and ensures connectivity of
the trails. He stated this is not a case of a wealthy neighborhood getting its way regarding relocation
of the trail. He stated if the City had a recorded easement the trail would be left where it is. He
stated he thought that it was commendable to try to find an alternative to "bulldozing" the way
through the neighborhood.
Councilmember Tharp asked what the alternative would be.
Mayor Martinez stated he would prefer to run the trail along Lemay and near Trilby or along the golf
course. He stated the solution might be to delay the decision and bring the neighborhoods together
to make a decision in a community setting about what might work best for everyone.
Councilmember Roy stated he would support the motion. He stated it is up to the Council to make
policy decisions and that Council's responsibility is to all of the citizens of Fort Collins. He stated
there would be a tremendous price difference in the options, that this issue had been discussed by
the Council for over a year, and that the Council is being asked to make a decision regarding the trail
location. He stated people who bought homes at this site knew that this was a trail that would be
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owned by the City. He stated there will be some cost and disappointment regardless of the route
selected. He stated the current trail alignment makes the best sense financially and that it makes the
best sense for the majority of citizens.
Mayor Martinez stated staff had demonstrated that it will be more cost effective to go around than
to go through the neighborhood.
Councilmember Roy stated he disagreed. He stated he believed that the dollar differences are
significantly in favor of the current trail alignment.
Mayor Martinez asked about staff's memo regarding cost effectiveness. Foreman stated the agenda
item summary indicated that the current alignment will cost about $110,000 and that the alternate
route Lemay will cost about $145,000. He stated Paragon Point plans to give the City back $20,000
for the alternate location.
Mayor Martinez noted that there will be legal fees for condemnation. Foreman replied in the
affirmative.
Councilmember W eitkunat stated this has been a difficult issue. She stated it was the intent in 1992
that this would be the trail route, that the City later paid $40,000 to widen the trail, and that
everything indicated that this would be a public trail. She stated human error is a factor in what
happened because the appropriate documentation was not done. She stated the "lesser of the evils"
was to follow Lemay and Trilby and that she could not see placing the trail in "someone else's
backyard along the golf course." She stated are were other locations in the City where a trail
parallels an arterial. She stated there would be some mitigation through widening the trail. She
stated she would not support the motion.
Councilmember Kastein stated the problem with running the trail along Lemay and Trilby is having
to cross four intersections that have left turns. He asked how staff will interpret the language of the
motion which stated staff is to pursue the matter "using whatever legal means are necessary" and
asked how that would be balanced with cost. City Attorney Roy stated there would be a certain
amount of judgment and decision -making during the process as to what legal theories to pursue. He
stated the alternatives had been discussed publically and that those included the City's theory of
"informal dedication" and the City's power of eminent domain.
Councilmember Kastein asked if staff would consider the wording of the motion to mean that staff
is directed to "find a solution no matter what" and regardless of the cost that might be involved.
City Attorney Roy stated he would consider the passage of the motion to give staff the direction to
obtain or clarify the legal right to have the trail be open to the public in perpetuity in its present
location. He stated he would stay in touch with the Council and the City Manager with regard to
the potential costs of accomplishing that.
September 16, 2003
Councilmember Tharp stated she was disappointed that the City Manager did not give the third
option to the Council earlier. She stated it was almost too late to add that option into the
discussions. She stated Council was presented with a tough choice. She stated she preferred the
trail where it exists as opposed to the Lemay/Trilby route but that if the other option had been on
the table at the beginnings she would probably have pursued that option more aggressively. She
stated the third option could be considered only at the cost of delaying the whole issue again.
Mayor Martinez stated he would not support the motion. He stated the policy maps and the plat
seemed to support the homeowners' argument that the City had abandoned the idea of the trail at
that location. He stated if the City had obtained a written easement, the trail would be left where
it is.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Roy and Tharp.
Nays Councilmembers Kastein, Martinez and Weitkunat.
THE MOTION CARRIED
Mayor Martinez stated the pulled Consent Calendar Items would not be considered due to the time
and that they would be carried over to the next meeting unless there was a motion to continue the
meeting until 11:00 p.m.
City Manager Fischbach stated Pulled Consent Calendar item #14 First Reading of Ordinance No.
129, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning
Classification for that Certain Property Known as the Vineyard Rezoning would be the first
discussion item at the next meeting.
Adjournment
The meeting adjourned at 10:50 p.m.
ATTEST:
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Mayor