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HomeMy WebLinkAboutMINUTES-09/04/2001-RegularSeptember 4, 2001 • 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 4, 2001, 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, Wanner and Weitkunat. Councilmembers Absent: Tharp. Staff Members Present: Fischbach, Harris, Roy. Citizen Participation Pastor Randall Catron, Evangelist, spoke regarding a proposal to end homelessness. Doug Hutchinson, 1315 Whedbee, expressed concerns about Council's denial of the easement for the Fort Collins -Loveland Water District on August 21. He stated that the water line is needed to Ismaintain the quality of life for approximately 15,000 residents and that the Council arbitrarily disapproved the easement. John Gless, 311 Whedbee, expressed concerns regarding the adoption of the stormwater fee increase on August 21 and stated that there was no voter accountability because it is a fee instead of a tax. He compared Fort Collins' stormwater fees with other communities and addressed the financial impact on households in Fort Collins. He questioned the equity of having the entire City pay the costs of removing everyone from the floodplain and stated that fees should be based on impervious surfaces rather than lot size and that there should be more rate categories. He stated that the Utilities should be asked to audit how they calculate individual homeowner rates because he and other ratepayers have been overcharged. Citizen Participation Follow-up Councilmember Kastein spoke regarding the rationale for City-wide rather than basin -wide fees and requested a follow-up response to Mr. Gless' comments and feedback from staff regarding whether an audit of the stormwater fee structure is needed. Mayor Martinez requested that the information to be prepared by staff indicate why the City's fees are higher than other communities. Jim Hibbard, Water Operations and Planning Manager, stated that some fees for other communities cover different things and that some metro cities's capital 72 September 4, 2001 projects are supported by a mill levy. He stated that the City is funding both O&M and capital costs from utility fees. Agenda Review City Manager Fischbach stated that item 419 Items Relating to the Mulberry Street (S1I14) Bicycle/Pedestrian Bridge Project was being pulled from the agenda until September 18. He stated that revised resolutions were included in Council's packets regarding item 430 Resolution 2001-117 Supporting the City of Character Initiative and item #37 Resolution 2001-120 Establishing Criteria for Arterial Intersection Analysis. CONSENT CALENDAR 7. Second Reading of Ordinance No. 116, 2001, Authorizing the Conveyance of a Non - Exclusive Easement to Larimer County for Environmental Monitoring in the Cathy Fromme Prairie Natural Area. Ordinance No. 116, 2001, which was unanimously adopted on First Reading on August 21, 2001, gives ongoing permission for a non-exclusive easement to Larimer County for environmental monitoring in the Cathy Fromme Prairie Natural Area. The easement permits no monitoring operations on the site that are not already occurring, other than allowing for future monitoring wells to be drilled downstream if contamination is found to be migrating beyond the current monitoring wells. The easement agreement makes certain stipulations that provide for protection of the site's natural resources, to the extent possible, during the monitoring operations. 8. Second Reading of Ordinance No 124 2001 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. For the past 14 years, Fort Collins Police Services has applied to the Colorado Division of Criminal Justice for federal drug grant monies to help fund the investigation of illegal narcotics activities. Fort Collins has once again joined with other members of the Latimer County Drug Task Force, to include the Loveland Police Department, Larimer County Sheriff's Department, Drug Enforcement Administration (DEA) and the Colorado State University Police Department, in one application for funding of the multi -jurisdictional drug task force to be administered by the City of Fort Collins. Ordinance No. 124, 2001, was unanimously adopted on First Reading on August 21, 2001. 9. Postponement of Second Reading of Ordinance No. 125.2001, Authorizing the Sale of 1.032 Acres of Westfield Park to Pool of Dreams Ltd. and Appropriating the Proceeds of Such Sale as Unanticipated Revenue in the Neighborhood Parkland Fund to September 18, 2001. 73 C September 4, 2001 The City purchased 14.61 acres of land in 1981 for Westfield Neighborhood Park. The amount of land needed for the park was estimated at that time to be about 10 to 12 acres. The landowner would only sell 14.61 acres for $166,700. At the time of park development in 1997/98, the actual amount of land needed to serve the residential area around the park was determined to be 11 acres. The park currently has 11 developed acres and complies with park acreage requirements in the 1996 Parks and Recreation Policy Plan. A one-time fee on new housing funds new park acquisition and development. Ordinance No. 125, 2001, was unanimously adopted on First Reading on August 21, 2001, authorizing the sale of land to Westfield Park to Pool of Dreams, Ltd. with direction to amend the Ordinance prior to Second Reading to include a restriction on the use of the property. Adoption of the consent agenda will postpone Second Reading of this Ordinance until September 18, 2001. 10. Second Reading of Ordinance No. 126, 2001, Authorizing the Transfer of Appropriations from the Transit Services Fund to the Capital Projects Fund CSU Transit Center Capital Project to be Used For the Final Design and Site Preparation/Construction of the CSU Transit Center. The City and Colorado State University have been working together since 1996 to develop a campus Transit Center. Work is expected to begin on final design in the fall. Ordinance • No. 126, 2001, which was unanimously adopted on First Reading on August 21, 2001, authorizes the transfer of existing appropriations from the Transit Services Fund to the Capital Projects Fund for final design and site preparation at the CSU Transit Center. • 11. Second Reading of Ordinance No. 127, 2001, Authorizing the Transfer of Appropriations from the Transportation Services Fund to the North Front Range Transportation & Air Quality Planning Council Fund to be Used for Operating Expenses of the Metropolitan Planning Organization. The funds to pay the North Front Range Transportation & Air Quality Planning Council Executive Director salary and benefits, which were previously budgeted and appropriated in the Transportation Services Fund, now need to be transferred to the newly created NFRT&AQPC Fund. Ordinance No. 127, 2001, which was unanimously adopted on First Reading on August 21, 2001, will not appropriate any additional funds; rather, it will serve as a transfer of existing appropriations and budget to the fund that will be incurring the expenditures. 12. Second Reading of Ordinance No. 128 2001 Authorizing the Transfer of Appropriations Between Proiects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 2001-2002 Metropolitan Planning Organization Administration Program Year. 74 September d, 2001 The North Front Range Transportation & Air Quality Planning Council (NFRT&AQPC) is the regional Metropolitan Planning Organization (MPO). The administration/program budget for the NFRT&AQPC is funded with federal transportation program dollars administered by the Colorado Department of Transportation (CDOT) based on the federal fiscal and program year of October 1, 2001 to September 30, 2002. This period does not correspond to the City's calendar year appropriation time frame, and this time differential causes some accounting and budget management problems. This Ordinance was unanimously adopted on First Reading on August 21, 2001. 13. Second Reading of Ordinance No. 129 2001 Authorizing an Amendment to the Lone -term Lease of Property at the Fort Collins -Loveland Municipal Airport to Cole Smith Dba Signal Construction, for the Construction of Aircraft Hangars. City Council adopted Ordinance No. 56, 2001, on Second Reading on May 6, 2001, authorizing the long-term lease of property to Cole Smith for the construction of two aircraft hangars. Since that lease agreement was entered into, the parties discovered that the legal description of the leased premises as described in Exhibit A of the agreement is in error. Ordinance No. 129, 2001, which was unanimously adopted on First Reading on August 21, 2001, amends the original lease to include the correct legal description. 14. Second Reading of Ordinance No 131, 2001, Amending Sections 2-31, 2-33 and 2-73 of the City Code Pertaining to Executive Sessions. Ordinance No. 131, 2001, which was unanimously adopted on First Reading on August 21, 2001, makes certain amendments to the sections of the City Code pertaining to executive sessions. The amendments are generally similar to recent amendments to the State Open Meetings Law and would, among other things, require the tape recording of executive session discussions so that, if a member of the public believes that an executive session discussion has strayed from the appointed topic or that final legislative action was taken in an executive session, he or she could apply to the District Court with a request that all or a portion of the recording of the executive session discussion be made available for public inspection. 15. Second Reading of Ordinance No 133 2001 Vacating a Portion of the Right -of -Way for Hoffman Mill Road Dedicated on the Plat of the Cache La Poudre Industrial Park P.U.D. Ordinance No. 133, 2001, which was unanimously adopted on First Reading on August 21, 2001, vacates a portion of street right-of-way for Hoffman Mill Road in order to eliminate the dedicated street west of Timberline Road to its end at the east edge of the Nix Farm Natural Areas Facility. The Nix Farm Natural Areas Facility PDP was approved June 12, 2001, reflecting the vacation of this right-of-way and its replacement with emergency access and utility easements. This segment of Hoffman Mill Road is shown on the Master Street 75 September 4, 2001 • Plan as a local street, but was deemed unnecessary as a public street with the development of the Nix Farm Natural Areas Facility. 16. Second Readingof Ordinance No. 134, 2001. Authorizing the Convevance of Approximately 360 Acres of Land on the Former Rockwell Ranch to the United States Forest Service in Exchange for the Conveyance to the City of the Land Underl inng Joe Wright Reservoir. Subject to a Non-exclusive Conservation Easement for Use of the Reservoir Property by the Public and the Colorado Division of Wildlife. In 1996, the City Council directed staff to pursue an exchange of the City -owned Rockwell properties for the land under and around the City's Joe Wright Reservoir owned by the United States Forest Service (USFS). At that time there was concern expressed by the Natural Resources Advisory Board (NRAB) that the exchange be made utilizing the USFS's administrative procedure instead of a legislative solution being promoted by the City of Greeley, Water Supply and Storage Company, and the Water Board. The NRAB was concerned that the legislative process would preempt the necessary environmental reviews. The Council, after considerable discussion, directed staffto utilize the USFS's administrative procedure. Since that time, staff has worked with the USFS and the United States Fish and Wildlife Service in processing the land exchange using the administrative procedure, including all of the necessary environmental assessments and reviews. Ordinance No. 134, • 2001, was unanimously adopted on First Reading on August 21, 2001. 17. Postponement of Second Reading of Ordinance No. 136, 2001 Authorizing the Conveyance of Non-exclusive Easement Interests for the Construction of a Sixteen Inch Water Line by the Fort Collins —Loveland Water District on Portions of Coyote Ridge Natural Area McKee Farm Open Space and Long View Farm Natural Area to September 18 2001 The Fort Collins -Loveland Water District has planned since 1986 to construct water storage tanks on the land now known as Coyote Ridge and a water pipeline to the tanks across Longview Farm Open Land, McKee Farm Open Land and Coyote Ridge Natural Area. These parcels are owned either by the City of Fort Collins alone or in partnership with Latimer County and Loveland. The pipeline is needed to supply water to existing and projected growth within the District's existing Service Area. Ordinance No. 136, 2001, was adopted 5-2 on First Reading on August 21, 2001, authorizing the necessary easements for the construction of a sixteen inch water line on portions of Coyote Ridge Natural Area, McKee Farm Open Space and the Long View Farm Natural Area. Staff is waiting on result of the appraisal to determine the compensation and recommends Second Reading of this Ordinance be postponed to September 18, 2001. 18. Items Relating to the Mason Street Transportation Corridor. 0 76 September 4, 2001 A. Resolution 2001-109 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation for the Design and Construction of the Mason Street Transportation Corridor Bicycle/Pedestrian Trail Project, First Phase. B. First Reading of Ordinance No. 139, 2001, Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund, Mason Street Transportation Corridor Project, Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to Be Used for Design and Initial Construction of Improvements to the Mason Street Transportation Corridor Project South of Harmony Road to the Future Fossil Creek Trail. The City has received a funding letter from Colorado Department of Transportation (CDOT) that will allow for work to proceed on the design and initial construction for the bicycle and pedestrian trail on the Mason Street Transportation Corridor, south of Harmony Road to the future Fossil Creek regional trail. This will be the first design and construction phase for the Mason Street Corridor's bicycle and pedestrian system. 19. Items Relating to the Mulberry Street (SH14) Bicycle/Pedestrian Bridge Project. A. Resolution 2001-110 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation for Partial Construction Funding of the Mulberry Street Bicycle/Pedestrian Bridge Project. B. First Reading of Ordinance No. 140, 2001, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund to be Used to Complete Construction of a Bicycle/Pedestrian Bridge Over the Poudre River, Completing the Bicycle/Pedestrian Connection from Riverside to Lemay Along State Highway 14. The City has received a funding letter from Colorado Department of Transportation (CDOT) allowing for additional funding to be added to the State Highway 14 and Lemay Avenue Intersection project. The bridge will be constructed over the Poudre River on the south side of the Mulberry Street (SH14) vehicular bridge and the sidewalk will be extended from Lemay to Riverside. Design work has been completed and these funds would be added to the construction budget for this project. In addition to the bridge, the City is also constructing sidewalk along the south side of Mulberry Street in order to provide a safe and direct bicycle/pedestrian connection from Riverside Avenue to Lemay Avenue. The project will be completed, however, it is possible that the requested appropriation could change between first and second readings of this ordinance, pending further discussions with the Colorado Department of Transportation. 77 L� September 4, 2001 20. Items Relating to Appropriation of the Proceeds from Lease Financing for the Public Safety and Recreational Improvements. A. First Reading of Ordinance No. 141, 2001, Appropriating Proceeds in the Golf Enterprise Fund from the Lease Financing of Golf Course Improvements, Including the Replacement of the Collindale Golf Course Clubhouse. This Ordinance appropriates $2,865,000 in the Golf Fund. The funds will be used to acquire and construct a clubhouse facility at the Collindale Golf Course and to pay for the costs associated with the lease financing. B. First Reading of Ordinance No. 142, 2001, Appropriating Unanticipated Revenue in the Capital Projects Fund to Be Used to for the Purchase of a Police Facility. This Ordinance appropriates $1,000,000 in the Capital Projects Fund for the acquisition and construction of improvements to a Police facility and to pay for the costs associated with the lease financing. On August 21, 2001, Council unanimously adopted Ordinance No. 130, 2001 on First • Reading. The Finance Department will receive pricing bids on the lease transaction on September 7 through a competitive process. The Financial Officer will present the rates on the financing and any changes to the financing documents to the Council at the time of Second Reading on September 18. These Ordinances appropriate the proceeds from the lease transaction. The Collindale Golf Course Clubhouse Project will be accounted for as a Capital Project within the Golf Fund. The Police building will be accounted for in the Capital Projects Fund. • W, September 4, 2001 21. First Reading of Ordinance No. 143, 2001, Authorizing the Conveyance of 157.09 Acres of Land on the Former Rockwell Ranch to the United States Forest Service in Exchange for the Payment of $353 500 as Part of a Three -Way Exchange Between the City, the Forest Service and the Winter Park Recreation Association. Staff negotiated with the US Forest Service (USFS) to exchange the Rockwell properties (owned by the City) for the land under and around the City's Joe Wright Reservoir (owned by the USFS). The ordinance for that exchange was adopted on First Reading on August 21. It leaves one additional Rockwell Ranch parcel that the Forest Service wishes to acquire in a three-way exchange with Winter Park. Under the USFS proposal, the City would receive $353,500 for Parcel B of Rockwell Ranch, which would then be conveyed to the USFS. 22. First Reading of Ordinance No. 144 2001 Granting a Storm Drainage Easement Across the City's Drake Water Reclamation Property Managed by the Natural Resources Department as Part of the Prospect Ponds Natural Area to Midpoint Development LLC The proposed development, Prospect Industrial Park Lot 32 Midpoint Self Storage, is a part of the Prospect Industrial Park Subdivision, which subdivision was approved by the City in 1978. Lot 32 is located on Midpoint Drive approximately 350 feet northwesterly of what is now part of the Prospect Ponds Natural Area. The original overall drainage plan for the subdivision called for all of Lot 32 to drain into the ponds. The current drainage plan under the new Project Development Plan (PDP) calls for Lot 32 to have two on -site water quality ponds. From the water quality ponds, only the one located on the northeasterly part of the lot will drain into a storm sewer line that extends across and under a part of the City Property where this easement is requested. The granting of the easements across City property (including a permanent easement and a temporary construction easement) for the storm drainage flows will provide for an improvement of the drainage system over what was done with the original platting of the Prospect Industrial Park. This easement request has been reviewed and approved by the Utilities and Natural Resources Departments as well as the Natural Resources Advisory Board. 23. First Reading of Ordinance No 145 2001 Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women. At its August 20, 2001 meeting, the Commission on the Status of Women discussed the merits of reducing its membership from I 1 members to 9 members. This Ordinance, if adopted, will reduce the membership of the Commission effective September 28, 2001 (10 days following final adoption of the Ordinance on Second Reading on September 18, 2001). 24. Resolution 2001-111 Setting the Dates of the Public Hearings on the 2002 and 2003 79 September 4, 2001 • Proposed Citv of Fort Collins Biennial Budeet The City will be adopting a biennial budget for the years 2002 and 2003. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the Council meeting of September 18, 2001. In an effort to receive further public input, this Resolution also sets an additional hearing date for the October 2, 2001 Council meeting. 25. Resolution 2001-112 Approving the Purchase of Professional Services from Ayres Associates as an Exception to the Competitive Procurement Process Currently the City of Fort Collins has the consulting firm of Ayres Associates under contract to perform professional services to finalize the draft of the Cache la Poudre Master Drainageway Plan (Drainageway Plan). A subcontractor to Ayres Associates is the firm of EDAW. The City desires to retain the services of the Ayres/EDAW design team to perform professional services to implement a segment of the Drainageway Plan and the Downtown River Corridor Implementation Program as an exception to the Competitive Procurement Process. The Drainageway Plan identified the river reach between Lincoln Avenue and Linden Street as an area needing mitigation due to the instability of the banks along the River in that reach. • 26. Resolution 2001-113 Authorizing Assignment to the Colorado Housing and Finance Authority of a Private Activity Bond Allocation of the City of Fort Collins Pursuant to the Colorado Private Activity Bond Ceiling Act • The Colorado Housing and Finance Authority is planning a fall 2001 single-family mortgage bond program. The program will provide financing for below -market mortgages for families that meet low- and moderate -income guidelines. The Authority has invited the City of Fort Collins to participate in the program. The Authority is requesting that the City assign the remainder of its 2001 private activity bond allocation to the Authority. The remaining amount of the 2001 allocation is $2,368,375. In today's local housing market, this amount may support 15 to 20 mortgages. By working cooperatively with CHFA, the City will be able to apply its 2001 private activity bond allocation to its highest priority for such funding. The CHFA bond issue will be about $45 million statewide. Mortgage program money should become available in late October or early November of 2001. However, the City has the option to time City participation in the mortgage program with anticipated housing developments such as Rigden Farms. Staff will also have the ability to target mortgages to specific census tracts and will get AHB input prior to participating in any Bond issue. M. September 4, 2001 27. Resolution 2001-114 Reestablishing the Amount of the Telenhone Exchange Access Facility Charge for the Larimer Emergencyphone Authority Effective January 1, 2002. The Latimer Emergency Telephone Authority (LETA) was created pursuant to C.R.S. Section 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen (19) other governmental entities in Latimer County. The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collins City Council. This fee remained the same each year by annual approval of the LETA Board, until 1998 when the fee was decreased by 10% to the current forty-five cents ($.45). At the July 16, 2001 LETA Board meeting, the Board approved a telephone exchange access facility charge and a wireless communications access charge effective January 1, 2002, each at the rate of $.45 per month. 28. Resolution 2001-115 Supporting the Colorado Department of Transportation's Widening of US 287 Along its Present Alignment from Highway 1 to the LaPorte Bypass. The Colorado Department of Transportation (CDOT) is seeking support from the City of Fort Collins for the widening US 287, along its present alignment, from Highway 1 to the LaPorte Bypass. CDOT's project recommends that the widening of US 287 use the existing highway alignment rather than the other alternative alignments that were explored during the environmental assessment process. 29. Resolution 2001-116 Adopting the Design Guidelines for Grade -Separated Pedestrian, Cyclist and Equestrian Structures. The City of Fort Collins is committed to designing and building community transportation facilities to accommodate all modes of travel as well as to encourage the use of alternative modes such as walking and bicycling. The objective of the "Design Guidelines for Grade -Separated Pedestrian, Cyclist and Equestrian Structures" is to establish design solutions for future grade -separated crossings in order to foster a more pedestrian and bicycle friendly transportation system throughout the Fort Collins community. The City's Transportation Board and Planning and Zoning Board have formally endorsed this project. 30. Resolution 2001-117 Supporting the City of Character Initiative. The Cities of Character Initiative is a national grass roots effort to support government and community leaders who are committed to character development. A national organization, F31 September 4, 2001 • International Association of Character Cities (IACC), was formed to support that effort. Since its inception, over 100 cities have adopted the initiative. The Latimer County Commissioners will consider a similar resolution on September 4. The Poudre School District has adopted a School of Character resolution and supports the City's adoption of this resolution. 31. Resolution 2001-118 Appointing Two Representatives to the Colorado Municival League Policy Committee. The Fort Collins City Council recommends that Mayor Ray Martinez and City Manager John F. Fischbach be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, . the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. 32. Routine Deeds and Easements. A. Deed of dedication for easement from Midpoint Development, LLC, for a temporary grading easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. B. Deed of dedication for easement from Midpoint Development, LLC, for a permanent sanitary sewer easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. C. Deed of dedication for easement from Timberline Partners, Limited, LLLP, for a permanent utility easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. D. Deed of dedication for easement from Midpoint Development, LLC, for a permanent water line easement, located on Midpoint Drive, south of Prospect Road and east of 0 82 September 4, 2001 Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. E. Deed of dedication for easement from Midpoint Development, LLC, for a permanent emergency access easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. F. Deed of dedication for easement from Midpoint Development, LLC, for a permanent drainage easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. G. Deed of dedication for right-of-way from Midpoint Development, LLC, for a permanent right-of-way for public street purposes, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. H. Deed of dedication for easement from Midpoint Development, LLC, for a permanent utility easement, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. Staff: Sheri Wamhoff. Easement for construction and maintenance of public utilities from Keith Curtis, to install a pad mount transformer, located at 620 Smith Street. Monetary consideration: $72. Staff: Patti Teraoka. J. Deed of dedication for easement from Midpoint Development, LLC, for a permanent easement for utilities, located on Midpoint Drive, south of Prospect Road and east of Timberline Road. Monetary consideration: $10. K. Easement for construction and maintenance of public utilities to install a padmount electric transformer, located at 616 Smith Street. Monetary consideration: $144. Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris. Second Reading of Ordinance No. 116, 2001, Authorizing the Conveyance of a Non - Exclusive Easement to Larimer County for Environmental Monitoring in the Cathy Fromme Prairie Natural Area. Second Reading of Ordinance No 124 2001 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. 10. Second Reading of Ordinance No 126 2001 Authorizing the Transfer of Appropriations from the Transit Services Fund to the Capital Projects Fund CSU Transit Center Capital 83 September 4, 2001 • Proiect to be Used For the Final Design and Site Preparation/Construction of the CSU Transit Center. 11. Second Reading of Ordinance No. 127, 2001, Authorizing the Transfer of Appropriations from the Transportation Services Fund to the North Front Ranee Transportation & Air Quality Planning Council Fund to be Used for Operating Expenses of the Metropolitan Planning Organization. 12. Second Reading of Ordinance No. 128. 2001 Authorizing the Transfer of ApRropriations Between Projects in the Transportation Services Fund for the Operation of the North Front Range Transportation & Air Quality Planning Council's 2001-2002 Metropolitan Planning Organization Administration Program Year. 13. Second Reading of Ordinance No. 129, 2001, Authorizing an Amendment to the Long-term Lease of Property at the Fort Collins -Loveland Municipal Aimort to Cole Smith Dba Signal Construction, for the Construction of Aircraft Hangars. 14. Second Reading of Ordinance No. 131, 2001, Amending Sections 2-31 2-33 and 2-73 of the City Code Pertaining to Executive Sessions. • 15. Second Reading of Ordinance No. 133, 2001 Vacating a Portion of the Right-of-Wayfor Hoffman Mill Road, Dedicated on the Plat of the Cache La Poudre Industrial Park P.U.D. 16. Second Reading of Ordinance No 134 2001 Authorizing the Conveyance of Approximately 360 Acres of Land on the Former Rockwell Ranch to the United States Forest Service in Exchange for the Conveyance to the City of the Land Underlying Joe Wright Reservoir, Subiect to a Non-exclusive Conservation Easement for Use of the Reservoir Property by the Public and the Colorado Division of Wildlife 38. Second Reading of Ordinance No. 121 2001 Amending Chapter 10 and Chapter 26 of the City Code to Reflect the Adoption of a New Master Drainage Plan for the Canal Importation Basin and Clarifying the Application of the Provisions of Chanter 10 to Floodplains in the Citv. Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris. 18. Items Relating to the Mason Street Transportation Corridor. B. First Reading of Ordinance No. 139, 2001, Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund, Mason Street Transportation Corridor Project, Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations to Be Used for Design and • 84 September 4, 2001 Initial Construction of Improvements to the Mason Street Transportation Corridor Project South of Harmony Road to the Future Fossil Creek Trail. 20. Items Relating to Appropriation of the Proceeds from Lease Financing for the Public Safety and Recreational Improvements. A. First Reading of Ordinance No. 141, 2001, Appropriating Proceeds in the Golf Enterprise Fund from the Lease Financing of Golf Course Improvements, Including the Replacement of the Collindale Golf Course Clubhouse. B. First Reading of Ordinance No. 142, 2001, Appropriating Unanticipated Revenue in the Capital Projects Fund to Be Used to for the Purchase of a Police Facility. 21. First Reading of Ordinance No. 143, 2001. Authorizing the Conveyance of 157.09 Acres of Land on the Former Rockwell Ranch to the United States Forest Service in Exchange for the Payment of $353 500 as Part of a Three -Way Exchange Between the City, the Forest Service, and the Winter Park Recreation Association. 22. First Readingof Ordinance No 144 2001 Granting a Storm Drainage Easement Across the City's Drake Water Reclamation Property Managed by the Natural Resources Department as Part of the Prospect Ponds Natural Area to Midpoint Development LLC 23. First Reading of Ordinance No 145 2001 Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women. Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, 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, Warmer and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Weitkunat spoke regarding item #28 Resolution 2001-115 Supporting the Colorado Department of Transportation's Widening of US 287, Along its Present Alignment from Highway I to the LaPorte Bypass. Mayor Martinez commented regarding item #30 Resolution 2001-117 Supporting the City of Character Initiative. Staff Reports EW is September 4, 2001 City Manager Fischbach reported that the Holnam concrete plant will be closing by the end of the year because of a consolidation of operations and that approximately 150 employees will be affected. City Manager Fischbach reported that James O'Neill recently received the Albert H. Hall award from the National Institute of Governmental Purchasing. James O'Neill, Director of Purchasing and Risk Management, thanked the City for its support. Councilmember Reports Mayor Martinez reported on Health and Safety Committee discussions regarding options relating to the ordinance prohibiting more than three unrelated persons from living in one dwelling and a proposed teen night ordinance. Resolution 2001-119 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Planning and Zoning Board Relating to the Request for Modification of Standards for the Brophy Property Adopted • The following is staffs memorandum on this item. "Executive Summary • On June 18, 2001, an appeal ofthe June 7, 2001 decision of the Planning and Zoning Board to deny the Modification of Standards in Sections 4.4 (B) (3) (c) I and 4.4(D)(3)(b) of the Land Use Code for the Brophy Property at 1109 West Harmony Road was filed by the Appellant Mark Brophy. On August 21, 2001, City Council voted to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings offact and finalizing its decision on the appeal. BACKGROUND: The Appellant's Nnotice of Appeal was based on the allegations that: T Relevant laws were not properly interpreted and applied 2. The Board considered substantially false and grossly misleading evidence. Additional details of the grounds for appeal were offered by the Appellant in the Notice of Appeal. FRO' September 4, 2001 At the August 21, 2001 hearing on this matter, Council considered the testimony of City staff, the Appellant, and the opponents to the Appeal. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did conduct a fair hearing and that the Board did properly interpret and apply relevant provisions of the Code and Charter. City Council determined to uphold the decision of the Planning and Zoning Board " City Manager Fischbach introduced the agenda item. City Attorney Roy explained that the City Code requires the adoption of a resolution making findings of fact in support of Council's decision after the Council hears an appeal. He stated that Council needs to determine if the Resolution accurately sets forth the reasons for Council's decision. He stated that relevant citizen comments regarding a motion should be confined to whether this Resolution accurately sets forth the grounds for Council's decision. Mary Brophy, 1109 West Harmony Road, appellant, read a prepared statement thanking the Council for a fair appeal hearing at the last meeting. She stated that the appellant did not feel that a fair hearing was received from the Planning and Zoning Board and the Planning Department. She stated that dispersal statutes such as the three-quarter mile neighborhood center separation regulation have been the subject of legal proceedings. She stated that courts have ruled spacing requirements unconstitutional when the spacing limitations are overly severe and that it is unlikely that a court would uphold the City's neighborhood center dispersal regulation. She stated that the spacing requirement should not be three times as large for neighborhood centers as it is for group homes. She requested that the Council amend the Land Use Code to reduce the three-quarter mile spacing requirement to 2,500 feet or less because the existing requirement is overly broad and fails to be narrowly tailored. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution 2001-119. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein, Martinez, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Weitkunat requested staff follow-up regarding how the three-quarter mile dispersal requirement was determined and whether it was based on land use codes in other communities. Councilmember Kastein stated that he would also like to see the information requested by Councilmember Weitkunat and that he would like to have the City Attorney prepare an analysis of the case law relating to the dispersal requirement. Mayor Martinez supported the request for information. M. C September 4, 2001 Resolution 2001-120 Establishing Criteria for Arterial Intersection Analysis Adopted The following is staffs memorandum on this item. "Executive Summary Several Councilmembers have inquired about the criteria that the City will use in determining the placement of modern roundabouts. The modern roundabout has been used_for years in other countries as a safe and efficientform ofintersection traffic control. The modern roundabout design is now becoming increasingly popular with communities throughout the United States. The increasing use of roundabouts in the US. is a result ofstudies and findings that roundabouts are safer and more efficient intersections than the traditional traffic signal operation. It has also been found that the public, although generally against the first roundabout in their communities, become favorable to them in a very short period of time. However, the modern roundabout design is not always the best solution to assigning right-of-way at an intersection. A thorough analysis must be completed by a professional engineer trained in traffic engineering. The Resolution outlines the process the Transportation staff is proposing to use • for future intersection improvement analysis. Staff is proposing that when an intersection (arterial/arterial and arterial/collector intersections) is slated or programmed for major improvements, whether by the City or development related, an analysis shall be completed that evaluates traditional intersection design anda modern roundabout. This alternatives analysis study will examine the two intersection types using the following six criteria (in priority order): Accident Analysis: A short-term accident analysis will be completed comparing the safety aspects of the roundabout to the traditional intersection. The costs of accidents as well as the type ofaccidents occurring will be evaluated. The costs associated with the accidents will be based on data provided through the National lnstitute for Insurance Safety. 2. Average Delay: The City currently has Level of Service (LOS) standards for both signalized and unsignalized intersections. LOS is based on the average delayper vehicle during the peak hours of the roadway. The analysis will make a comparison of' the current and projected (20 year) delay at the intersection. 3. Environmental factors. The analysis will include an evaluation of the emissions at an intersection under both scenarios. The analysis will include the emissions of carbon monoxide, hydrocarbons, and oxides of nitrogen. • 88 September 4, 2001 4. Cost: This section of the alternative analysis will include capital costs as well as long- term maintenance and operation costs. S. Alternative Mode Mobility: The study will include an evaluation of pedestrian and bicycle mobility 6. Spatial Requirements: The amount ofland area needed for each type of intersection will be evaluated. Roundabouts generally, but not always, require more land area at an intersection than a traditional intersection. However, the roundabout mayprovide more than enough capacity to postpone or eliminate the need for roadway widening between intersections. On July 18, 2001, the Transportation Board reviewed the Resolution and criteria and unanimously voted to recommend approval to the City Council. The Transportation Board was also very enthusiastic regarding the need and potential for modern roundabouts within the city. The Board views the roundabout alternative as a cost effective way ofimproving traffzc flow and traffic safety." City Manager Fischbach introduced the agenda item and stated that it is commonly referred to as the "roundabout" resolution. Eric Bracke, Traffic Engineer, presented background information regarding the agenda item. He outlined the recommended criteria for evaluating the use of roundabouts and the review and approval process that would be followed in determining the appropriateness of a roundabout. Mayor Martinez asked about the criteria and when the analysis would be done. Bracke stated that some plans would have to be drawn up before a comparison could be made. Councilmember Hamrick made a motion, seconded by Councilmember Kastein, to adopt Resolution 2001-120. Councilmember Weitkunat commented that this opens the door for the possible use of roundabouts at arterial intersections. Councilmember Bertschy thanked the Transportation staff for its analysis and work on the criteria. Mayor Martinez stated that the criteria are needed and thanked staff for its work on the issue. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED mil C J September 4, 2001 Ordinance No. 121, 2001 Amending Chapter 10 and Chapter 26 of the City Code to Reflect the Adoption of a New Master Drainage Plan for the Canal Importation Basin and Clarifying the Application of the Provisions of Chanter 10 to Floodplains in the City, Adopted on Second Reading. The following is staffs memorandum on this item. "Executive Summary Ordinance No. 121, 2001, which was adopted 6-1 on First Reading on August 21, 2001, eliminates the requirement that the General Manager ofthe Utilities shall administer or enforce the f oodplain regulations before adoption ofthe applicable (oodplain regulations by City Council. This change to the Code allows for the enforcement of the f oodplain regulations on significant new development that would be subject to food hazards and allows for a comprehensive review of the applicable (oodplain regulations resulting in and then the adoption of the final f oodplain regulations for that f oodplain. In regard to the Canal Importation Basin, other changes to the Code resulting from the adoption • of the Ordinance, limits the enforcement of the (oodplain regulations in the Basin to new development, critical facilities, and hazardous materials. After Second Reading, staff will initiate a publ is process to perform a comprehensive review of the f oodphzin regulations that would b7volve public outreach to determine the appropriate f oodplain regulations for the Canal Importation basin and would make recommendations to City Council. " City Manager Fischbach stated that this item was placed on the discussion agenda because of the 6-1 vote on First Reading. Councilmember Kastein made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 121, 2001 on Second Reading, Councilmember Hamrick commented regarding the comments of the citizen who spoke under Citizen Participation and stated that his main concern is that there be more data points and financial impacts for future canal importation projects. City Manager Fischbach stated that this type of analysis would be included in the future. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Wanner and Weitkunat. Nays: Councilmember Hamrick. THE MOTION CARRIED 0 90 September 4, 2001 Executive Session Authorized Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adjourn into Executive Session to discuss legal matters. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Wanner and Weitkunat. Nays: Councilmember Hamrick. THE MOTION CARRIED The meeting adjourned at 7:20 p.m. Adjournment MayorTOM ATTEST: _._. _. ... - 40L.10�)n I City Clerk 91