HomeMy WebLinkAboutMINUTES-03/03/1998-RegularMarch 3,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 3, 1998,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Lou Lochman, 1212 Raintree Drive, thanked Council for supporting the BASH program.
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding growth and spoke in
opposition of providing incentives. He urged Council to take a neutral position on growth.
Yolanda C. Nicely, 517 East Trilby Road #40A, requested information regarding the status of the
Timberline Extension project.
Citizen Participation Follow-up
Councilmember Mason responded to Mr. Ohlson's comments regarding Utility Enterprise
Development Fees and questioned if fees were updated on an annual basis.
Councilmember Smith responded to Ms. Nicely and suggested she talk with staff to get a complete
update on the Timberline Extension project.
Councilmember Byrne stated growth issues were very difficult to solve, reporting policy changes are
currently being reviewed and discussed.
Councilmember Smith spoke of the number of growth related issues needing to be addressed.
Aeenda Review
City Manager John Fischbach reported Item #11, Second Reading of Ordinance No. 23, 1998,
Authorizing the Sale of City -owned Natural Area Land and Related Easements to the Colorado
Department of Transportation for the Construction of the Harmony/1-25 Transportation Transfer
Center, has been revised between first and second reading. He stated that Item 413, First Reading
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March 3, 1998
of Ordinance No. 27, 1998, Amending Chapter 7 of the City Code Relating to Election Campaign
Reports, has been withdrawn to March 17, and Item #18, Postponement of Items Relating to the
Lemay Avenue 3rd Annexation and Zoning to April 7, 1998, would be postponed to April 21. He
stated that Item #2 1, First Reading of Ordinance No. 36, 1998,AmendingOrdinanceNo.170, 1979,
by Designating the Public Rights -of -Way and Certain Other Real Property in the Old Town Fort
Collins Historic District, Fort Collins, Colorado, as a Local Landmark Pursuant to Chapter 14 of
the City Code, has been withdrawn and requested that Item #24, Resolution 98-37 Adopting the
Prairie Dog Policy for City Natural Areas, be withdrawn to be considered at an adjourned meeting
on March 10. He reported there is an item under the Other Business portion of the meeting to
provide direction to Councilmember Smith regarding the MPO.
7. Consideration and approval of the regular meeting minutes of December 16, January 20 and
February 3, 1998.
8. Second Reading of Ordinance No. 18, 1998, Approving the Lease of Real Property for
Agricultural and Livestock Grazing Purposes to Royal Vista Equine, Inc.
Ordinance No. 18, 1998, which was unanimously adopted on First Reading on February 17,
1998, approves the City's lease agreement with Royal Vista Equine, Inc. to grow an
alfalfa/grass mix and graze livestock. The agreement requires that they perform routine
upkeep and maintenance of the fences around the property, along with other terms and
conditions. The term of this agreement shall be for a period of five years beginning April 7,
1998 and ending February 28, 2003.
9. Second Reading of Ordinance No. 19, 1998, Vacating the Alley Located on Block 31 in
Connection with Construction of the Latimer County Justice Center.
In November, 1997, voters approved the construction of the Latimer County Justice Center
on Block 31. Vacating the existing alley on Block 31 is necessary to go forward with the
construction of the Justice Center. Based on the plans for that construction, there will be no
need for the previously dedicated alley way. The City will reserve public utility easements
in the vacated right-of-way. This Ordinance was unanimously adopted on First Reading on
February 17, 1998.
10. Second Reading of Ordinance No. 20, 1998, Authorizingthe e City of Fort Collins to Grant
Three Two-year Temporary Easements on Meadow Springs Ranch to the Colorado
Department of Transportation.
This Ordinance, which was unanimously adopted on First Reading on February 17, 1998,
grants three temporary easements requested by CDOT totaling 7.053 acres on Meadow
Springs Ranch, which is owned by the City Water Utility, in three locations along the I-25
corridor.
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11. Second Reading of Ordinance No. 23, 1998, Authorizing the Sale of Citv-owned Natural
Area Land and Related Easements to the Colorado Department of Transportation for the
Construction of the Harmonv/I-25 Transportation Transfer Center.
Ordinance No. 23, 1998, was unanimously adopted on First Reading on February 17, 1998
and authorizes the sale of City -owned natural area land and related easements to the
Colorado Department ofTransportation for construction of the Harmony/I-25 Transportation
Transfer Center.
12. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8, 1997,
Regular Municipal Election.
A. First Reading of Ordinance No. 24, 1998, Amending Article IV of Chapter 7 of the
Code of the City of Fort Collins Relating to Candidates for Municipal Office.
Charter Amendment No. 4 added language to provide that the Council shall set by ordinance
the timeframe for circulation and submittal of nominating petitions and the deadline for
withdrawal from candidacy for municipal office. This Ordinance sets the timeframe to begin
circulation ofnominating petitions at 60 days and the deadline for submittal of such petitions
at 40 days prior to the election. In addition, the Ordinance sets the deadline for withdrawal
from candidacy at 30 days prior to the election.
B. First Reading of Ordinance No. 25, 1998, Amending Chapter 2, Article 11, Division
I of the City Code to Establish a Procedure for Resolving Protests Challenging the
Qualifications of Councilmembers.
This Ordinance, made necessary by the approval of Charter Amendment No. 8, establishes
a procedure for the City Clerk to resolve protests challenging the qualifications of
Councilmembers. The Ordinance provides for completion of protest proceedings within 45
days of the filing of a notice of protest.
C. First Reading of Ordinance No. 26, 1998, Amending Chapter 7, Article III of
Division 3 of the City Code Pertaining to Election Districts.
Charter Amendment No. 8 also included amendments pertaining to redistricting. This
Ordinance establishes that notice of Council consideration of a redistricting ordinance will
be published twice, at least 14 and 10 days prior to First Reading of a redistricting ordinance.
In addition, the Ordinance establishes a process by which a registered elector may protest a
proposed redistricting.
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13. First Reading of Ordinance No. 27, 1998, Amending Chapter 7 of the City Code Relating to
Election Campaign Reports.
At the November 5, 1996 General Election, voters approved Amendment 15 which repeals
Article 45 of Title 1, Colorado Revised Statutes, otherwise known as the "Campaign Reform
Act", and reenacted it as the "Fair Campaign Practices Act".
The Fair Campaign Practices Act (FCPA) significantly increased the number of election
campaign reports required to be filed with the City Clerk. The City Code currently requires
the filing of a campaign report on the Thursday prior to the election, in addition to those
reports required by State law. The requirements of the FCPA, in conjunction with the City
Code requirements, resulted in candidates for the April 8, 1997 election filing a multitude
of reports, some only days apart.
The FCPA also had an impact on the costs associated with publication of campaign reports.
Although there is no requirement in the State law to publish campaign reports in the
newspaper, the City Code contains a provision that any campaign report submitted to the
City Clerk must be published in a newspaper of general circulation. Therefore, the City
Clerk's Office spent thousands of dollars publishing numbers of reports.
This ordinance eliminates the additional campaign report required by the City Code and
provides for the publication of the most recent campaign report filed with the City Clerk as
of fourteen (14) days prior to the election. The Council Governance Committee, at its
February 13, 1998 meeting, recommended adoption of the Ordinance.
14. First Reading of Ordinance No. 28, 1998, Changing the Name of the "Water Utilities Board"
to "Water Board" and Describing the Board's Purposes.
After the consolidation of the Water Board and Storm Drainage Board in September 1996,
there was concern expressed among the majority of the Board members that the City Code
did not adequately describe the purposes of the Board, and that a more specific description
of the Board's purposes would be very helpful to both present and future Board members.
As such, the Board and staff developed the proposed changes as shown in Ordinance No. 28,
1998. As you may recall, this item was discussed with the Council during its September 9,
1997 study session.
15. Items Relating to the Fort Collins Business Center 2nd Annexation and Zoning.
A. Resolution 98-34 Setting Forth Findings of Fact and Determinations Regarding the
Fort Collins Business Center 2nd Annexation and Zoning.
B. First Reading of Ordinance No. 29, 1998, Annexing Property Known as the Fort
Collins Business Center 2nd Annexation and Zoning.
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C. First Reading of Ordinance No. 30,1998, Amending the Zoning District Map of the
City ofFort Collins and Classifying for Zoning Purposes the Property Included in the
Fort Collins Business Center 2nd Annexation and Zoning.
This is an involuntary annexation and zoning of an enclave area approximately .5 acre in
size, located on the south side of East Vine Drive, north of East Lincoln Avenue and east
of Tenth Street. It is located within the Fort Collins Urban Growth Area (UGA). According
to policies and agreements between the City of Fort Collins and Larimer County, contained
in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will
agree to consider for annexation property in the UGA when the property is eligible for
annexation according to State law.
APPLICANT: City of Fort Collins
OWNER: No known owner of record
16. Items Relating to the Lincoln-LemayAvenue Annexation and Zoning.
A. Resolution 98-35 Setting Forth Findings of Fact and Determinations Regarding the
Lincoln-Lemay Avenue Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 31, 1998, Annexing Property Known as the Lincoln-
Lemay Avenue Enclave Annexation.
C. First Reading of Ordinance No. 32, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Lincoln-Lemay Avenue Enclave Annexation and Zoning.
This is an involuntary annexation and zoning of an enclave area approximately 1.5 acres in
size and is located on the west side of North Lemay Avenue, between East Lincoln Avenue
and East Mulberry Street. The existing use of the property is a restaurant and retail business.
The proposed zoning for this annexation is CCR, Community Commercial-Poudre River.
The property being considered for annexation has, for a period of not less than three (3)
years, been completely surrounded by property contained within the boundaries of the City
of Fort Collins.
APPLICANT: City of Fort Collins
OWNER: Daniel L. Ellsworth
1101 East Lincoln Avenue
Fort Collins, Colorado 80521
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17. Items Relating to the Pineridge 4th Annexation and Zoning.
A. First Reading of Ordinance No. 33,1998, Annexing PropertyKnown as the Pineridge
4th Annexation and Zoning.
B. First Reading of Ordinance No. 34, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Pineridge 4th Annexation and Zoning.
This is a voluntary annexation and zoning of an area approximately 179 acres in size,
located on the west side of South Overland Trail and south of Drake Road and north of
Horsetooth Road. The City of Fort Collins Natural Resources Department acquired the site
in 1993. This property includes the site of the proposed Southwest Community Park/Youth
Sports Complex. Other parts of the site will remain as open space and will provide a scenic
backdrop for the City as well as preserve native landscape and wildlife habitat close to the
urban core.
APPLICANT: City of Fort Collins
OWNER: City of For Collins
18. Postponement of Items Relating to the Lemav Avenue 3rd Annexation and Zoning to April
7. 1998.
The Planning and Zoning Board hearing regarding the proposed Lemay Avenue 3rd Enclave
Annexation and Zoning was continued from the February 19, 1998, hearing date to March
19, 1998. The project was continued so as to allow additional time for discussions between
City staff and the property owner regarding the recommended zoning for the property.
The City Council hearing on the proposed enclave annexation and zoning is postponed to
April 7, 1998.
19. Postponement of Items Relating to the Visitor's Center at the Environmental Learning Center
Annexation and Zoning to March 17, 1998.
Due to an error in the notification of adjacent property owners, the Planning and Zoning
Board hearing was postponed to March 5, 1998. Therefore, the City Council hearing on the
proposed enclave annexation and zoning is postponed until March 17, 1998.
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20. First Reading of Ordinance No. 35, 1998, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Street Oversizing --
Timberline Road from Stetson Creek Drive to Mail Creek Ditch.
The widening of Timberline Road from Stetson Creek Drive to Mail Creek Ditch scheduled
for construction this spring. This project, adjacent to the Willow Springs PUD Subdivision,
is being constructed through the Street Oversizing Program.
On the east side of Timberline Road, south of Harmony Road, is the Scheller Subdivision
which has dedicated right-of-way for the road improvements; however, additional utility and
slope easements are required from the five property owners south of the subdivision.
Negotiations with three of the property owners are ongoing and all parties are hopeful that
acquisition will be accomplished by agreement. However this authorization will allow the
City to begin condemnation proceedings if the negotiations are not successful. The property
owners understand that the City is taking this action and that staff will continue the current
good faith negotiations to acquire the property.
The property owners are: Kenneth G. Conley
Kenneth J. and Stephanie A. Delgrande
James L. And Pamela S. Liebl
21. First Reading of Ordinance No. 36, 1998, Amending Ordinance No. 170, 1979, by
Designating the Public Rights -of -Way and Certain Other Real Property in the Old Town Fort
Collins Historic District Fort Collins. Colorado, as a Local Landmark Pursuant to Chanter
14 of the City Code.
This ordinance designates the public rights -of -way and certain other real property not
previously specifically described in Ordinance No. 170, 1979, in the Old Town Fort Collins
Historic District as a part of the local landmark district, in order to conform the legal
description to that intended.
22. First Reading of Ordinance No. 37, 1998, Authorizing the Conveyance of Land for Street
Right -of -Way and the Grant of a Non -Exclusive Slope and Drainage Easement to the City
of Loveland.
The land affected by this street widening is owned by Larimer County, City of Loveland and
the City of Fort Collins. The City of Fort Collins' share is 33.34%. The City of Loveland
is proposing to widen 71 st Street to 100 feet and designate it as a major collector, as part of
Loveland's street oversizing program. In order to permit the proposed widening, Loveland
has proposed that the City of Fort Collins sell its interest in the 20-foot right of way and the
45-foot non-exclusive slope and drainage easement area to the City of Loveland. The street
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widening project will include street improvements, such as curb and gutter and drainage
culverts. Following construction, the easement area will be restored to is original condition.
23. Resolution 98-36 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Schaulin Annexation.
The property being considered for annexation is a total of 4.82 acres in size and is located
approximately 1000 feet east of Lemay Avenue; between East Lincoln Avenue and E.
Magnolia Street. The sole property owner, Fred Schaulin, has requested to be annexed into
the City of Fort Collins as a 100% voluntary annexation. The subject property consists of
two adjacent parcels. The western parcel is approximately 2.00 acres in size and is currently
zoned I-1, Industrial in Latimer County. The eastern parcel is approximately 2.82 acres in
size and is currently zoned I, Industrial in Larimer County. The petitioner requests that the
subject property (both parcels) be annexed and zoned 1, Industrial in the City of Fort Collins.
The proposed Resolution determines that the annexation petition complies with the
Municipal Annexation Act. The Resolution also determines that a hearing should be
established regarding the annexation and directs that notice be given of the hearing. The
hearing will be held at the time of First Reading of the annexation and zoning ordinances on
April21, 1998.
24. Resolution 98-37 Adopting the Prairie Dog Policy for City Natural Areas.
In May 1997, the City planned to exterminate prairie dogs in narrow buffer areas on the
edges of several natural areas where colonies were expanding into residential areas. Less
than 1 % of City -owned prairie dog colonies on natural areas were targeted for fumigation.
A group of people opposed to the killing of prairie dogs requested that City Council cancel
the fumigation. Fumigation was delayed until the group had relocated some of the prairie
dogs. Due to this controversy, the Natural Resources Advisory Board forwarded a
recommendation to City Council that the City examine its current prairie dog policies. A
Prairie Dog Policy Review Committee made up of City staff and various members of the
community was formed to accomplish this task.
The Committee discussed the City's current prairie dog policies during four meetings from
September through November 1997. In general, it was determined that the City's existing
prairie dog policy was not clearly articulated and that the City's prairie dog policies needed
to be better defined.
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25. Resolution 98-38 Approving the Stipulated Determination of Vested Rights Between the City
and Silverthorne. LLC.
Ordinance No. 161, 1996, established certain rules for transitioning from the Land
Development Guidance System into the new Land Use Code. When Ordinance No. 161,
1996, was passed by the Council, it included a vested rights determination procedure in order
to prevent manifest injustice in cases where the application of the transition rules would work
an undue hardship. Vested rights determinations were to be allowed where:
1. Some authorized act had been performed by the City;
There had been reasonable good faith reliance upon such act by the applicant; and
There had been a substantial change in position or expenditure by the applicant such
that it would be highly inequitable and unjust to destroy the rights acquired.
Silverthorne, LLC owns a parcel located on the west side of College Avenue and north of
Crestridge Street. An application for approval of a preliminary subdivision plat as provided
in Section 29-642 of the City's Transitional Land Use Regulations was filed by the Owner
with the City on January 15, 1997. This application was found by the City to be in
compliance with the requirements of Section 29-642 and accepted for processing. Prior to
the filing of said application and in response to the City's "Conceptual Review" comments
given to the Owner, the Owner provided additional information regarding the Waterstone
Apartments construction project contemplated to be constructed within the area to be
subdivided. This request was made pursuant to Section 29-642(6)(p) of the City's
Transitional Land Use Regulations and also pursuant to the City's administrative
requirements for the processing of an application for a building permit.
26. Routine Easement.
A. Deed of Easement from Forrester Block Condominium Association to install
underground existing overhead electric system, located at 200-204 Walnut.
Monetary consideration: $600.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 18 1998, Approving the Lease of Real Property for
Agricultural and Livestock Grazing Purposes to Royal Vista Equine, Inc.
9. Second Reading of Ordinance No. 19, 1998, Vacating the Alley Located on Block 31 in
Connection with Construction of the Larimer County Justice Center.
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March 3, 1998
10. Second Reading of Ordinance No. 20, 1998, Authorizin the he City of Fort Collins to Grant
Three Two-year Temporary Easements on Meadow Springs Ranch to the Colorado
Department of Transportation.
11. Second Reading of Ordinance No. 23, 1998, Authorizing the Sale of City -owned Natural
Area Land and Related Easements to the Colorado Department of Transportation for the
Construction of the Harmonv/1-25 Transportation Transfer Center.
29. Items Relating to the Proposed Human Rights Ordinances.
A. Second Reading of Ordinance No. 21, 1998, Repealing and Reenacting Article II of
Chapter 13 of the City Code Concerning Discrimination.
B. Second Reading of Ordinance No. 22, 1998, Amending Portions of Article H of
Chapter 13 of the City Code by Adding Sexual Orientation as a Basis of
Discrimination (Options 1 & 2).
Items on First Reading were read by title by City Clerk Wanda Krajicek.
12. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8, 1997,
Regular Municipal Election.
A. First Reading of Ordinance No. 24, 1998, Amending Article IV of Chapter 7 of the
Code of the City of Fort Collins Relating to Candidates for Municipal Office.
B. First Reading of Ordinance No. 25, 1998, Amending Chapter 2, Article II, Division
1 of the City Code to Establish a Procedure for Resolving Protests Challenging the
Qualifications of Councilmembers.
C. First Reading of Ordinance No. 26, 1998, Amending Chapter 7, Article III of
Division 3 of the City Code Pertaining to Election Districts.
13. First Reading of Ordinance No. 27, 1998, Amending Chapter 7 of the City Code Relating to
Election Campaign Reports.
14. First Reading of Ordinance No. 28, 1998, Changing the Name of the "Water Utilities Board"
to "Water Board" and Describing the Board's Purposes.
15. Items Relating to the Fort Collins Business Center 2nd Annexation and Zoning.
A. Resolution 98-34 Setting Forth Findings of Fact and Determinations Regarding the
Fort Collins Business Center 2nd Annexation and Zoning.
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March 3, 1998
B. First Reading of Ordinance No. 29, 1998, Annexing Property Known as the Fort
Collins Business Center 2nd Annexation and Zoning.
C. First Reading of Ordinance No. 30, 1998, Amending the Zoning District Map of the
City ofFort Collins and Classifying for Zoning Purposes the Property Included in the
Fort Collins Business Center 2nd Annexation and Zoning.
16. Items Relating to the Lincoln-Lemay Avenue Annexation and Zoning.
A. Resolution 98-35 Setting Forth Findings of Fact and Determinations Regarding the
Lincoln-Lemay Avenue Enclave Annexation and Zoning.
B. First Reading of Ordinance No. 31, 1998, Annexing Property Known as the Lincoln-
Lemay Avenue Enclave Annexation.
C. First Reading of Ordinance No. 32, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Lincoln-Lemay Avenue Enclave Annexation and Zoning.
17. Items Relating to the Pineridge 4th Annexation and Zoning.
A. First Reading of Ordinance No. 33,1998, Annexing PropertyKnown as the Pineridge
4th Annexation and Zoning.
B. First Reading of Ordinance No. 34, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Pineridge 4th Annexation and Zoning.
20. First Reading of Ordinance No. 35 1998 Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Street Oversizing --
Timberline Road from Stetson Creek Drive to Mail Creek Ditch.
21. First Reading of Ordinance No. 36, 1998, Amending Ordinance No. 170, 1979, by
Designating the Public Rights -of -Way and Certain Other Real Property in the Old Town Fort
Collins Historic District Fort Collins Colorado, as a Local Landmark Pursuant to Chapter
14 of the City Code.
22. First Reading of Ordinance No. 37, 1998, Authorizing the Conveyance of Land for Street
Right -of -Way and the Grant of a Non -Exclusive Slope and Drainage Easement to the City
of Loveland.
30. First Reading of Ordinance No. 38, 1998, Amending Chapters 24 and 26 of the City Code
Relating to Street Oversizing Capital Expansion Fees.
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March 3, 1998
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Wanner reported the Finance Committee recently met and discussed transportation
retention schedules and potential revisions to fee policies.
Councilmember Mason reported that the Legislative Review Committee met and discussed
telecommunication issues, Transportation Senate Bill 170, and the Internet Sales Tax Bill. He stated
the Committee supported a bill studying electric deregulation in Colorado.
Councilmember Wanner reported on the Police Review Board policy was discussed at a recent
Health and Safety Committee meeting.
Councilmember Mason stated the Utilities and Technology Committee met briefly and discussed the
TCI Franchise Agreement.
Mayor Azari reported that prior to the beginning of the meeting the Women's Commission presented
awards to essay winners of "Women's History Month."
Items Relating to the Proposed
Human Rights Ordinances, Adopted on Second Readine.
The following is staffs memorandum on this item.
"Financial Impact
Adoption ofthe First Ordinance requires the selection ofat least two hearing officers. No costs will
be incurred by the City for the hearing officers unless and until a particular complaint actually
proceeds through the hearing process.
Executive Summary
A. Second Reading of Ordinance No. 21, 1998, Repealing and Reenacting Article II of Chapter
13 of the City Code Concerning Discrimination.
B. Second Reading of Ordinance No. 22, 1998, Amending Portions of Article II of Chapter 13
of the City Code by Adding Sexual Orientation as a Basis of Discrimination (Options 1 &
2).
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Ordinance No. 21, 1998 (the "First Ordinance') has been amended to make those changes
described by the City Attorney at the conclusion of the f rst reading on February 17, 1998.
Ordinance No. 22, 1998 (the "Second Ordinance') includes (in Option 2) a provision in Section 9
which would expand the definition of "gender" to include protection for transgendered persons
(`actual or perceived change in gender identification'). This Ordinance would add sexual
orientation and, possibly, transgenderedstatus asprohibited bases ofdiscrimination in employment,
housing, and public accommodations.
BACKGROUND:
Following adoption of both ordinances on First Reading, the City Attorney provided a listing of
proposed changes for Second Reading consideration. The attached ordinances contain these
additional suggested changes (redlined portions).
The following is a summary of the proposed changes to the First Ordinance:
1. An exception has been added to the employment section which would allow an employer to
discriminate on the basis of marital status if a husband and wife worked for the employer and one
spouse directly or indirectly exercised supervisory, appointment, or dismissal authority or
disciplinary action over the other spouse, one spouse audited, received, or was entrusted with
moneys received or handled by the other spouse, or one spouse had access to the employer's
confidential information(§13-17(c)(10)). This added exception is consistent with state law(§24-34-
402(1)(h), CARS).
2. The prohibited conduct set forth in the housing section (§13-18) has been combined into one
subsection in order to simplify the section.
3. Section 13-21 has been changed in order to make it clear that the duties ofa Hearing Officer
who is processing a complaint against the City will entail all of the functions that are usually
assigned to the City Manager by §§13-22 and 13-23.
4. Section 13-22(c) has been changed to allow the City Manager to dismiss a City -filed
complaint when the matter has been investigated by another public agency (such as the Colorado
Civil Rights Commission or the EEOC) and that agency has concluded that there is not enough
evidence to establish a violation. This provision is intended to avoid the re -investigation and
processing of a claim when the complainant has already had the issue decided by another
governmental agency.
5. Section 13-23(a) has been changed to provide a timeline for the completion of an
investigation by the City Manager. As amended, this subsection would require the City Manager
(or Human Rights Officer) to attempt to complete the investigation and make a determination as to
probable cause within 60 days from the date the complaint was filed. If the City Manager was
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March 3, 1998
unable to complete the investigation within that timeframe, the City Manager would be required to
notify the complainant and the respondent as to the reasons for the delay and provide an updated
explanation not less than every 60 days until the probable cause determination is made. There is
a need for flexibility in setting investigation timelines as the complexity of the case and workload
for the Human Rights Officer will vary. An inflexible time line could result in the dismissal of
otherwise valid claims or a premature determination of probable cause without the careful
consideration ofthe facts, evidence and the law. The current Human Rights Code provisions do not
set a time limit on the length of the investigation. The current Code does set a 90 day limit on the
reaching of conciliation, which seems counter productive to the settlement of the claim.
6. Section 13-23(b) has been changed to provide a deadline for the respondent to seek costs and
attorneyfeesfor thefiling ofafrivolous complaint. As amended, the respondent would have 30days
from the finding of no probable cause in which to request a hearing.
Section 13-25 has been changed to remove a redundant reference to section 13-23(b).
The following is a summary of the proposed changes to the Second Ordinance:
References to sections in the First Ordinance have been changed in order to
make them consistent with the change to the First Ordinance as described in
paragraph 2, above.
2. Under Option 2, the definition of "gender" would be expanded to include as
a prohibited basis of discrimination unequal treatment on the basis of
"actual or perceived change in gender identification " (transgendered).
City Council can adopt the first or both ordinances as adopted on First Reading or as amended in
this agenda packet, or submit either or both to the electorate without adopting or after adopting.
Additionally, if City Council chooses not to submit either ordinance to the electorate, the electorate
would retain the ability to place the matters on the ballot using the referendum process described
in the City's Charter.
On First Reading of the Ordinances, Council requested additional information on: time limits for
the processing of claims; a possible exception to the prohibition against discrimination in housing
on the basis of familial status; transgendered status; and a statute concerning the prohibition of
legal activities. That information is provided in a separate memo from Greg Tempel, a copy of
which is included with the agenda materials. "
Assistant City Attorney Greg Tempel briefly summarized changes to Ordinance No. 21 and22,1998,
since First Reading. He stated Council has been offered two options to consider for Ordinance No.
22, 1998.
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Bob Lenk, Chair of the Health and Safety Committee, urged adoption of Ordinance No. 21, 1998.
He stated the institution of a civil process in place of criminal prosecution was a very important
change.
Councilmember Kneeland spoke briefly of the perspective of the Health and Safety Committee
regarding the Ordinances. She gave a brief overview of how the issue evolved and how information
was distributed, as well as how the Human Rights Commission presented the information to various
community groups over the past 2 years.
City Manager John Fischbach commended the Task Force for its hard work and efforts.
Tempel responded to Council questions and clarified the Ordinance No. 21, 1998, is currently
consistent with State Statutes, however, if Council desired there could be an exemption made to be
consistent with Federal Statute. He outlined Option 1, that read as follows: "Nothing in this Section
shall require that a dwelling be made available to an individual whose tenancy would constitute a
direct threat to the health or safety of other individuals." He read Option 2 as follows: "Nothing in
this Section shall require that a dwelling be made available to an individual whose tenancy would
constitute a direct threat to the health or safety of persons under 18 years of age, residing in the
dwelling if the direct threat is a result of the dwelling being a legal nonconforming use with respect
to the Building Code. "
Councilmember Smith made a motion, seconded by Councilmember Mason, to adopt Ordinance No.
21, 1998 on Second Reading.
Sabin Shawn, a Fort Collins resident, requested information regarding monetary awards to persons
proven to have been discriminated against.
City Attorney Steve Roy spoke of how criminal violations would be prosecuted and spoke of the
possible penalty under the Code. He spoke of the fine that would be imposed on someone filing a
false claim.
Councilmember Byrne supported making the Ordinance consistent with Federal Statutes and made
a motion, seconded by Councilmember Kneeland, to amend the previous motion to add the following
language on page 11, at the end of Section 13-18(d): "Nothing in this Section shall require that a
dwelling be made available to an individual whose tenancy would constitute a direct threat to the
health or safety of other individuals."
Councilmembers Smith and Mason accepted the amendment as friendly.
Bryan Skye, member of the Human Relations Task Force, spoke in support of the motion as
amended.
March 3, 1998
Councilmember Wanner expressed concerns regarding limiting the amendment to children. After
further discussion Councilmember Wanner offered a friendly amendment to the previous motion as
follows: "Nothing in this Section shall require that a dwelling be made available to an individual
whose tenancy would constitute a direct threat to the health or safety ofpersons under eighteen (18)
years of age residing in the dwelling. "
Councilmembers Byrne and Kneeland accepted the amendment as friendly.
The vote on Councilmember Smith's motion to adopt Ordinance No. 21, 1998 as amended was as
follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Bob Lenk, Chair of the Human Relations Commission, urged adoption of Ordinance No. 22, 1998.
Councilmember Smith made a motion, seconded by Councilmember Byrne, to adopt Ordinance No.
22, 1998 on Second Reading, Option 1.
Opposed
Sabine Shaw
Barbara New
Frank Jeter
Erin Epperson
Vernon Jaquist
Vicki Jaquist
Dan Manuelos
Charles Schauf
Marianne Hampton
Jeff Whitter
Jim Greenacre
Marion Lanting
Yolanda C. Nicely
Stephanie Jeter
Rose (no last name)
Scott Rutherford
Dan Perryman
Stacy Oliver
Ed Hyde
Myron Yuckas
Russell Off
Rick Schrader
Bob Teuting
Larry Shaw
Peter Trozan
Amber Lehman
Greg Campbell
Al Anderson
Jennifer Abeg
MIN
Supported
Greg Kousi
Terry Summers
Leslie Nine
Dr. Robert Calkins
Stacy Greenwood
Nancy York
Skye James
Kate Blain
Dainna Cicatello
Andrew Sameth
Jacki Chriss
Eric Delehoy
Kathy Jacobson
Myra Melton
Melissa Chapman
Mary Bates
Trinia Swenson
Dawn Mathes
Rickie Caulkins
Cory Pentano
Robin Pennington
Shelley Robinson
Ida Cicatello
Sue Phillips
Christine McAndrews
Giovanna
Tavis Cline
Alma Vigo -Morales
March 3, 1998
Matthew Melton
Leslie Hileman
Linda Devocelle
Bud Phillips
Gardena Leo
Susan Conder
Amanda Augusto
City Attorney Steve Roy spoke of the difficulty in dealing with laws which prohibit discrimination.
Councilmember Byrne spoke of the need to clarify that a person in a protected class would not have
any special advantages when seeking employment.
City Attorney Steve Roy stated the intent of the Ordinance is not to create special rights, but to grant
equal rights to protected classes. He clarified it was Council's decision to determine if there was a
need to guard against discrimination on the basis of sexual orientation, and whether or not that
decision would out weigh any burden on the rights of others that might result from the enactment
of the ordinance.
Councilmember Kneeland supported the motion stating she believed the issue is a matter of civil
rights, not special rights, and emphasized adoption of the Ordinance would not condone any type of
criminal behavior or impose a particular lifestyle on anyone. She stated adoption of the Ordinance
would send a message that all citizens have the opportunity to participate in a safe and respectful
environment.
Councilmember Smith concurred with comments made by Councilmember Kneeland and spoke of
the need for people to respect one another.
Councilmember Byrne supported the motion and stated he believed the Ordinance was a mild re-
dress of an existing situation.
Councilmember Bertschy supported the motion stating he believed it was the right thing to do for
the community.
kill]
March 3, 1998
Councilmember Mason stated employment, housing and public accommodations were fundamental
building blocks for the quality of life citizens enjoy. He stated persons should not be denied those
building blocks because they fall under a protected class, and encouraged persons on both sides of
the issue to remain respectful, responsible and civil of one another.
Mayor Azari spoke in support of the Ordinance and expressed concerns that so many people feel
threatened by the fact that everyone would be protected under the law.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 38,1998,
Amending Chapters 24 and 26 of the City Code Relating
to Street Oversizing Capital Expansion Fees Adopted on First Reading.
The following is staff s memorandum on this item.
"Financial Impact
Increases in the Street OversizingFees are necessary to cover costs for the new Street Standards and
City Plan. In addition, the methodology of the Street Oversizing Program has been modified based
on trip generation and the fee categories have been expanded from five to fifty. The Street Oversizing
Program will also include other modes of transportation. The single family fee will increase from
$895/per dwelling unit (DU) to $14801DU. The commercial fees will change from $19,443/acre
to $4.93/square foot (on average) of building size. For some types of development, such as
manufacturing, warehouses, insurance offices and retirement housing, the fees will decrease. For
most types of development, fees will increase. For high trip generating development, such as fast
food restaurants, convenience stores, and supermarkets, the fees will increase significantly. The
General Fund contribution will increase from the current $200, 000 per year to $500, 000 per year.
The Street Oversizing Fee Program, including the General Fund contribution, will be reviewed
annually and adjusted if necessary.
Executive Summary
The Transportation Funding Advisory Committee (TFAC) was formed by the City Manager
representing a diverse group of city wide interests. The Committee was charged with reviewing
transportation funding issues --primarily the Street Oversizing Fee Program and transportation
maintenance-- and to advise the City Manager.
TFA Chas reviewed the elements ofthe Street Oversizing Fee Program. The Committee concurs that
the Street Oversizing Fee Program is part ofa patchwork approach that should be continued to fund
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March 3, 1998
capital transportation facilities needed as a result of new development. Further, the Committee
agrees that the fee should be expanded to address the new street standards, City Plan, and the
Master Transportation Plan which addresses all modes of transportation.
In its recommendation to the City Manager, the TFACsupports continuing the Street OversizingFee
Program with the following general modifications (a more detailed description is in the
Background" section):
> Increase the Street Oversizing Fee to cover the costs related to new street standards and the
requirements of City Plan (wider arterial streets, landscaped medians, additional right of
way, transit stop construction, pedestrian connections, etc).
> Increase the Street Oversizing Fee to help fund improvements for all modes of
transportation.
> Change the methodology of the Street Oversizing Fee from the current one based on size
(acreage) of a development to trip generation, which more equitably apportions the costs
among the developer, the City (taxpayers) and the fee payer.
> Provide the opportunity for credits, rebates or other adjustments to the Street Oversizing
Fee so as to take into consideration improvements that encourage alternate mode facilities,
moreprecise local trip generation data, and development associated with affordable housing
and base industries.
Staff concurs with these recommendations.
BACKGROUND:
The Street Oversizingprogram has been a successful implementation of an impact fee program over
the last ten years. City Council policy supports the use of development fees as a way to recover the
costs ofproviding infrastructure to new development. Funded by fees charged at building permit
issuance and an annual appropriation from the City General Fund (sales and use taxes), this
program has been able to provide its share of arterial and collector street infrastructure to serve
newly developing areas in a timely and efficient manner.
Staff has been reviewing the Street Oversizing program over the last year. Several major policy
changes have been adopted which impact the Street Oversizing Fee Program. These changes
include City Plan, the adoption of new Street Standards, the adoption of the revised Master Street
Plan, particularly the Transit, Bicycle and Pedestrian Plan elements of the Transportation Plan.
In order to provide a financially stable fund to support the Street Oversizing Fee program,
modifications to the existing fee are necessary.
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March 3, 1998
The major policy changes in the City's Land Use Code envision a city that makes choices for
transportation areal possibility. Cars will continue to be the primary means of travel for many
purposes, yet transit, bicycling and walking will become equally viable and attractive. The newly
adopted Street Standards, which define the City's transportation corridors, have been redesigned
to accommodate a variety of modes of transportation. Transportation facilities would include
vehicle travel lanes, bike lanes, pedestrian ways and transit. Expanding the Street Oversizing Fee
program to include other elements of the transportation network helps achieve the land use
policies/goals that Fort Collins is striving toward.
Many elements of the existingprogram will remain. Each development would still be obligated to
construct the localaccessportionofstreetswithinorabuttingthedevelopmentproperty. Affordable
housing rebates and industrial incentives that are part of the City's economic development policy
would remain to encourage these types ofprojects. However, other aspects of the Street Oversizing
Fee Program need to be updated to more closely reflect the current objectives of the City's land use
policies and the costs associated with meeting those objectives.
In 1997, staff conducted considerable public outreach to gather comments and concerns from the
development community and the general public. Discussions were held with:
- The Planning and Zoning Board
- The Transportation Board
- The Affordable Housing Board
- Engineers, Architects, Developers Focus Group
- Chamber of Commerce Local Legislative Affairs Committee
- General Public Open House
- Homebuilder's Association of Northern Colorado Government Affairs Committee
Staff analyzed the comments received during this process and incorporated revisions to address
some of these issues:
Credit provisions were added for improvements that would otherwise be constructed with
fee revenues, including capital facilities that support alternate travel needs.
Commercial fees for seven of the highest trip generating categories were recalculated with
different "pass -by " trip rates, generally lowering the rates in these categories by about 30%.
These categories include: Fast food drive ups, grocery stores, service station/car wash,
convenience store, drive up bank, restaurant, and fitness club.
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March 3, 1998
Residential housing categories have been expanded by type of housing: Single family
detached, town home, duplex, condominium, apartment, assisted living, congregate care, and
multifamily. Each have separate fee rates.
Over the past few months, the Transportation Funding Advisory Committee (TFAC) has reviewed
the elements of and the proposed modifications to the City's Street Oversizing Fee Program. The
Committee exploredpotential alternatives and what other cities have done in similar situations. The
Committee examined alternative impact fee models including those based on trip generation and
vehicle miles traveled (VMT) methodologies.
The Committee examined in depth the apportioning ofcosts between the developer, the fee payer and
City -at -large tax contribution. Specific examples and detailed calculations gave the Committee a
clear understanding of the proposed modifications.
Through considerable discussion, the Committee reached the following recommendations regarding
the proposed modifications to the Street Oversizing Fee Program.
1) The Street Oversizing impact fee is part of a patchwork approach that should continue to be
utilized to fund capital transportation facilities needed as a result of new development.
Some Committee members are concerned that the Street Oversizing impact fees may not over
the long-term remain a strong or stable source of revenue to construct needed transportation
facilities. The impact fee is tied to development activity which can be volatile. The program
should be closely monitored.
2) The Street Oversizing fee needs to be increased to recover new costs due to new street
standards and the requirements of City Plan. The capital costs included in the proposed fee
increase have been calculated in a conservative manner and represent a reasonable estimate
of anticipated costs.
FEES PAY FOR:
Current Street
Oversizing Program
Proposed Street
Oversizing Program
Vehicle Lanes
X
X
Intersection
Improvements
X
X
Traffic Signals
X
X
Bike Lanes
X
Sidewalks
X
Transit
X
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March 3, 1998
Grade Separations X
Right -of -Way X
3) The Street Oversizing Program should be expanded to include a wider range of
transportation modes, such as bike lanes, sidewalks and some transit facilities. And while
a small portion of the fees will be used to fund some transit rolling stock (vehicles), the vast
majority of Street Oversizingfees are used for thephysical facilities. The Committee agrees
that infrastructure for alternative modes will give residents in newly developing areas more
transportation choices and is intended to relieve traffic congestion and improve air quality.
4) Of the various impact fee methodologies the Committee has looked at, trip generation most
equitably proportions costs between developers, the City, and the fee payer.
Some Committee members were concerned that much higher fees for certain high traffic
generating uses may hinder these uses from locating in Fort Collins. These high traffic
generating uses include convenience stores, fastfood restaurants with drive ups, andgrocery
stores. Other Committee members were concerned that the Street Oversizing Fee Program
applies only to "new" City streets and does not address the impact ofpopulation growth on
the existing street system.
5) The Committee examinederedits to the Street Oversizing impactfee andgenerally concurred
with the following when calculating the Street Oversizing fee for an particular development:
a) For developments that install street oversizing improvements, including certain types
of alternative mode improvements, a credit will be applied to the Street Oversizing
impact fee.
b) An adjustment to the pass -by trip credit for higher trip generating uses helps
alleviate the concerns expressed by the community (see 4 above).
c) An allowance for the inclusion of local trip generation data will allow for variance
between the national trip generation rates published by the Institute of Traffic
Engineers and trip generation rates more applicable to the Fort Collins area.
6) Some members expressed concern that the Street Oversizing fee structure might impair the
goals of City Plan, specifically infill development. Consequently, the Committee wants to
make sure that the impact fee program is monitored so that it complements and supports the
goals of City Plan.
Current City economic development policy enables affordable housing and base industry projects
to apply for certain rebates, including those associated with the Street Oversizing Fee Program.
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March 3, 1998
And while this is not part of the Street Oversizing Fee Program, rebates that are approved are paid
for by General Fund monies.
Conclusion:
The recommended modifications are an equitable, integrated approach to recover a major share of
the transportation infrastructure costs related to new development. The modifications will update
the current Street Oversizing Fee Program to address the policies of City Plan and the Master
Transportation Plan, and will encourage transportation choices and alternative modes byproviding
resources for the transportation infrastructure needed to support newly developing areas."
SID Coordinator Matt Baker gave a staff presentation on this item. He spoke of recommended
modifications to the program, and reported because of the public outreach that has occurred and
reported that as a result of some of the feedback received modifications have been made to the Plan.
Bill Neal, Chair of the Transportation Funding Advisory Committee, spoke in support of the
program.
Tim Johnson, Chair of the Transportation Board, expressed the Board's support for changes to the
Street Oversizing Fee program and believed adoption of the Plan was viable to the Master Street
Plan and to the level of service provided to citizens.
SID Coordinator Matt Baker responded to Council questions and stated streetoversizing rebate fees
are considered on a case by case basis to would be voted on by Council.
Assistant Deputy City Manager Frank Bruno clarified streetoversing rebates are capped at $50,000.
After further discussion City Attorney Steve Roy stated he would provide to Council a summary, as
well as definitions of the changes made to the existing Code, before Second Reading of the
Ordinance.
Ron Phillips responded to Council questions and clarified rebates are paid from the General Fund,
not from the Streetoversizing Fund.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 38, 1998 on First Reading.
Kimberly Maevers, Director of Governmental Affairs for Northern Colorado Homebuilders
Association, thanked staff for taking time to visit with the Homebuilders Association in an attempt
to educated them on the program. She stated City Plan has substantially driven up the cost of
building and requested the Homebuilders Association receive an accountability report on an annual
basis to monitor the progress of the program.
March 3, 1998
Mayor Azari requested that Ms. Maevers submit written questions to Council prior to second
reading.
Mike Hauser, President of Fort Collins Chamber of Commerce, spoke in support of the motion and
thanked staff and the task force for their efforts. He spoke of the importance of the City's
transportation infrastructure to the future of the economy and offered his assistance to help mitigate
possible negative impacts to small locally owned businesses.
Eric Levine, Vice -chair of the Air Quality Advisory Board and speaking on his own behalf,
expressed his support and the AQAB's support of the Ordinance.
Councilmember Byrne spoke in support of the motion, and commended staff for their hard work.
Councilmember Mason thanked the Transportation Funding Committee and staff for their efforts.
He emphasized the need for infrastructure alternative modes which offer more transportation choices
to relieve traffic congestion and air quality concerns.
Councilmember Smith concurred with previous comments and clarified that street standards were
adopted before City Plan was adopted, and clarified they were incorporated in City Plan.
The vote on Councilmember Byme's motion was as follows: Yeas: Councilmembers Azari,
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Smith stated the (MPO?)regional transportation board would be meeting before the
next regularly scheduled Council meeting and requested that Council adopt Resolution 98-39, that
was in the "Read Before the Meeting" folder in support for including all projects recommended by
the MPO.
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Resolution
98-39. Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
Councilmember Smith reported that he received a letter from John Fooks, Chair of the Air Quality
Advisory Committee in support of the Transportation Alternative Feasibility Study and requested
that it be forwarded to the Transportation Funding Advisory Committee.
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March 3, 1998
Mayor Azari thanked staff and the Human Rights Task Force for their patience, and hard work on
revisions to the Human Rights Ordinance.
Adjournment
Councilmember Smith made a motion, seconded by Councilmember Byrne, to adjourn to 6:00 p.m
on March 10. Yeas: Councilmembers Azari, Bertschy, Byme, Kneeland, Mason, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:45 p.m.
ATTEST:
City Clerk
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