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HomeMy WebLinkAboutMINUTES-07/19/2005-RegularJuly 19, 2005 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, July 19, 2005, 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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat. Staff Members Present: Atteberry, Krajicek, Eckman. Citizen Participation Earl Poppe, 1018 Timberline Court, expressed concern about the weed nuisance ordinance and its lack of effectiveness. He also stated cars are parking in neighborhood yards. Lloyd Walker, 1756 Concord Drive, spoke regarding Council's commissioned study on the impact of enforcement of the 3-unrelated ordinance. He cited the findings report, known as the Corona Report, noting violators of the occupancy limit are having a severe impact in the community. He noted the findings report was based on 2000 census data and there have been 5 years of growth since. He urged Council to uphold the 3-unrelated ordinance and to make it more enforceable by making a violation a civil offense. He asked that rentals be tracked in a database with contact information for residents. Brian Schumm, 5948 Colby Street, asked for Council support in directing staff to follow the Structure Plan, the Growth Management Area intergovernmental agreement (GMA IGA), and for staff to work in the City's best interest with respect to the GMA. He stated another rezoning request will be submitted for 209 East Skyway in the near future and the GMA IGA empowers the City to review the rezoning request rather than the County. He asked to appear before Council to discuss the quasi-judicial nature of this issue, stating staff has acted inappropriately in enforcing the GMA IGA, and Structure Plan. Raymond Anderson, 1301 Luke Street, spoke representing the Highlander Heights Homeowner's Association. He stated the Homeowner's Association is very interested in enforcing the 3-unrelated ordinance in low density, residential zones. He stated there has not been enough effort by the City to control the spread of blight resulting from violations of the Ordinance. Pete Seel, 1837 Scarborough Drive, asked for enforcement of the 3-unrelated ordinance and stated he and others are forming a Neighborhood Action Coalition, which is a coalition of groups from throughout the City like the one in Rolland Moore West, that are facing housing issues. Mr. Seel 200 stated the franchise agreement for public access television in the City is currently being re- negotiated and he and others have formed a group called the Fort Collins Public Access Network (FCPAN). He asked that public access channel 68 no longer be shared and noted the Public Access Channel will be moving to 22 with the new system. He stated the group is looking for studio space and equipment. Dwight Whitney, owner of the business at 1642 North College and representing the North Fort Collins Business Association Board, thanked Council for working with them on the Urban Renewal Authority. He expressed concern about the concentration of social service entities that are now gathering north of the Poudre River. He noted loitering is a problem. He asked Council to consider satellite locations throughout the City for social service facilities rather than allowing a concentration in this area. Ray Czaplewski, 2012 Huntington Circle, spoke regarding the constitutionality of the 3-unrelated ordinance. He cited a 1974 Supreme Court case that found municipalities could use single-family zoning districts to enhance the public welfare. This includes enforcing the 3-unrelated ordinance. John Coxon, 5800 Plateau Court, spoke regarding the Southwest Annexation and asked Council to consider "real" issues rather than the IGA and GMA when making its decision. He asked for an amenable solution to any existing problem in the southwest area rather than a forced annexation based on the IGA. Ann McSay, 6422 Kyle Avenue, expressed opposition to the Southwest Annexation. She asked if any research had been done in other cities with universities regarding the 3-unrelated issue. Ron Adams, resident of Sunset Avenue, asked Council to consider doing a study to ascertain whether or not the 3-unrelated ordinance results in better neighbors. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. Councilmember Roy asked Mr. Poppe to let Council or the City Manager know the particular address to which he referred in his comments. City Manager Atteberry confirmed 1012 Timberline Court to be the problem address. Councilmember Roy stated several other university towns have been studied with respect to the 3- unrelated ordinance. He asked Deputy City Attorney Eckman to respond to Mr. Schumm's questions. Deputy City Attorney Eckman replied it does take Council action to amend the Structure Plan. He stated he would be in touch with Mr. Schumm this week to determine what the nature of the quasi-judicial matter is and whether or not it would be appropriate for Council to hear the comments. 201 July 19, 2005 Councilmember Ohlson stated Mr. Schumm deserves a framing of the issues response and asked staff to follow up with him. Councilmember Kastein stated he met with Mr. Schumm and had questions in the tracking database for staff from which answers should be forthcoming. He added a public hearing has been scheduled on the Southwest Annexation in August. Councilmember Weitkunat offered thanks to Mr. Gilday for his comments and stated Mr. Whitney's comments should be considered because the issue is going to become a larger concern in the future. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. Councilmember Roy withdrew item # 14 First Reading of Ordinance No. 080, 2005, Appropriating Unanticipated Revenue in the Transportation Services Fund to be Use to Conduct the Downtown River District Improvement Project from the Consent Calendar. CONSENT CALENDAR 6. Second Reading of Ordinance No. 052, 2005, Vacating, a Portion of Right -of -Way as Dedicated on the Plat of Prospect Industrial Park. The Liberty Commons School site is located on the north and west sides of March Court cul- de-sac. The current school building is at the northwest corner of March Court and Sharp Point Drive. The area to the west of the cul-de-sac is currently vacant land. The Liberty Commons School desires to build a running track for the school's use on this vacant land. The width of the land is not adequate to build a running track that will meet competition standards, thus they would like to shorten the existing cul-de-sac, vacate a portion of the existing right-of-way and use this area for construction of a running track. At the completion of the project the revised cul-de-sac will have the same functionality as the original March Court cul-de-sac. Ordinance No. 052, 2005, was unanimously adopted on First Reading on May 3, 2005. Second Reading of Ordinance No. 072, 2005, Authorizing the Lease ofCity-Owned Property at 812 North Shields Street, Fort Collins, Colorado, for Up to Five Years. The City purchased this parcel of land, including house and out buildings, as part of the Operations Services Master Plan. Staff recommends leasing this site until the improvements included in the Master Plan are constructed to discourage vandalism and to lower City costs to maintain the site. The site is currently leased. Ordinance No. 072, 2005, was unanimously adopted on First Reading on July 5, 2005. 202 July 19, 2005 8. Second Reading of Ordinance No. 073, 2005, Authorizing the Lease of City -Owned Property at 4913 South College Avenue, Fort Collins, Colorado, for Up to Five Years. This house is located on property owned by the City of Fort Collins. Until the land is utilized, renting the house will generate revenue and will discourage vandalism. This action will approve the leasing of the property for up to five years. Ordinance No. 073, 2005, was unanimously adopted on First Reading on July 5, 2005. 9. Second Reading of Ordinance No. 074, 2005, Authorizing the Conveyance ofNon-exclusive Easements for the Construction of Home State Bank on the Northwest Corner of Raintree Drive and Shields Street. Home State Bank is requesting various easements from the City to facilitate construction of a new bank which will be located on a portion of Tract "F", Raintree Planned Unit Development at the northwest corner of Raintree Drive and Shields Street, adjacent to the Fort Collins Senior Center. In order to complete the project, Home State Bank is asking the City to grant several easements on Senior Center property. Home State Bank will pay all costs associated with the construction of the bank and upon completion of the construction project will restore the easement areas to an equivalent or better condition as prior to construction. Ordinance No. 074, 2005, was unanimously adopted on First Reading on July 5, 2005. 10. Second Reading of Ordinance No. 075, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. The Colorado legislature created the Colorado Tourism Board (the "Board") and authorized the Board to operate state welcome centers. The Board determined that the state welcome center for Fort Collins would be more efficiently and effectively operated by the City of Fort Collins. In August of 2000, the Colorado Tourism Office was created and was authorized to operate such welcome centers. Pursuant to Resolution 1999-097, the City contracted with Colorado State University for visitor center space at the Environmental Learning Center/Visitors Center to the south of Prospect Road, approximately one -quarter mile west of Interstate 25. The City, in its effort to welcome visitors to Fort Collins through the activities of its convention and visitor services contractor, the Fort Collins Convention and Visitors Bureau (the "CVB"), will use the space for the Fort Collins welcome center. The CVB, in addition to promoting tourism activity, will operate the welcome center pursuant to amendments to the City's agreement with CVB, and consistent with the City's grant agreement with the State of Colorado. Ordinance No. 075, 2005, was unanimously adopted on First Reading on July 5, 2005. 203 July 19, 2005 11. Second Reading of Ordinance No. 077, 2005, Authorizing the Sale of City -owned Property Consisting of a Portion of Block 33, Fort Collins, Colorado, to Penny Flats, LLC. In July 2004, the City Council adopted Resolution 2004-081 setting out a process for selling portions of Block 33 to a private developer. Staff entered into an exclusive negotiating agreement with Coburn Development after receiving eight proposals and interviewing four teams. Coburn has complied with all provisions of the agreement, and has decided to proceed with development of the property. The sale would be accomplished in phases, with Coburn purchasing property for each phase prior to commencement of construction. The City would grant Coburn options on future phases, with interest on the unpurchased portions accruing to the City at seven percent. They would receive easement(s) on the City land for construction easements. Ordinance No. 077, 2005, was unanimously adopted on First Reading on July 5, 2005. 12. First Reading of Ordinance No. 078, 2005, 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. Fort Collins Police Services applied to the Office of Drug Control and System Improvement on behalf of the Task Force for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. The application was due to the recent change by the Federal Government in their fiscal year which created a three month funding gap. The City recently received notification of the grant award in the amount of $51,250, plus an additional $1,250 in revenue from Colorado State University Police Department. The participating agencies must provide matching funds in the amount of $108,125. Fort Collins' portion of the match is $32,168. These funds will be used for rental and operational costs at the Task Force off -site location, overtime funding to help offset the overtime costs of each participating agency, and confidential funds to be used for the purchase of narcotics from drug dealers by undercover police officers. 13. First Reading of an Ordinance No. 079, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. The Fort Collins Police Services Victim Services Team has been awarded an 18-month grant in the amount of $35,000 for the period of July 1, 2005 through December 31, 2006, by the V.A.L.E. Board to help fund services provided by this team. These funds will be used for a part-time paid victim advocate who will provide crisis intervention services during weekday hours and is housed in the Victim Services Office. These funds will also pay for some of the operational expenses needed to provide 24-hour a day, 7-day a week services 204 July 19, 2005 to victims of crime in our community. Previous V.A.L.E. grant awards have been received each year since 1998. 14. First Reading of Ordinance No. 080, 2005, Annropriating Unanticipated Revenue in the Transportation Services Fund to Be Used to Conduct the Downtown River District Improvement Proiect. The DDA and the City's departments of Transportation Planning, Engineering, Advanced Planning, and Utilities have initiated this Project to address the lack of sufficient public infrastructure to support infill development and redevelopment in the Downtown River Corridor area. This Project will be co -managed by the City and the DDA. The first phase ofthe Project includes detailed design/preliminary engineering and cost estimating ofneeded transportation and utility improvements for the area including Jefferson, Willow, Lincoln, and Linden Streets. The transportation and utility improvements suggested by this Project will help the area achieve the visions and goals set forth by City Plan and the Downtown River Corridor Implementation Program. 15. First Reading of Ordinance No. 081, 2005, Calling a Special Municipal Election to Be Held in Conjunction with the November 1, 2005 Latimer County Coordinated Election. This Ordinance calls a Special Municipal Election to be held in conjunction with the November 1, 2005 Latimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. 16. Items Relating to the Crawford Annexation and Zoning. A. Resolution 2005-077 Setting Forth Findings of Fact and Determinations Regarding the Crawford Annexation. B. First Reading of Ordinance No. 082, 2005, Annexing Property Known as the Crawford Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 083, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Crawford Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 29.56 acres in size. The site is located approximately one-half mile west of North College Avenue on the south side of West Willox Lane. Contiguity is gained along the eastern boundary which is shared with Hickory Village Mobile Home Park. Contiguity is also gained along a portion of the south property line which is shared with the City of Fort Collins Soft Gold Neighborhood Park. The recommended zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map. 205 July 19, 2005 17. Resolution 2005-078 Approving an Intergovernmental Agreement with the Colorado Department of Transportation Providing for the Operation and Maintenance of Traffic Signals, Crosswalk and Stop Bars, Signs and Pavement Markings on State Highways Within or Adjacent to the Citv Limits. The State of Colorado currently reimburses the City of Fort Collins for the operation and maintenance of 51 traffic signals, 91 crosswalks, stop bars, and 7.4 miles of signs and pavement markings. On August 1, 2005, the Colorado Department of Transportation (CDOT) will transfer administrative control, maintenance and ownership of Harmony Road (State Highway 68) between College Avenue and I-25 to the City of Fort Collins. Therefore, reducing the number of traffic signals maintained to 45 traffic signals, 77 crosswalks and 7.4 miles of signs and pavement markings. (A listing of locations is attached as Attachment 1). The contract amount has been decreased from $160,104 to $142,104 annually. During the five year contract period, traffic signals, crosswalks and stop bars can be added to the contract by submitting a Bilateral Change Order Letter. For the efficiency of travel flow and the safety and convenience of the public, the City of Fort Collins maintains and operates CDOT's traffic signals within the Urban Growth Area. The traffic signals are connected to the City's Advanced Traffic Management System. A review of the costs has shown that the reimbursement rate from CDOT is consistent with our costs. 18. Resolution 2005-074 Authorizing the City Manager to Execute a Capital Funding Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins - Loveland Airport. The Airport is programmed each year to receive FAA Entitlement Funds in the amount of $1,000,000 as a result of enplaning at least 10,000 passengers per calendar year. An additional $150,000 is being added to the Grant from unspent Grant funds from the prior year. On February 1, 2005, the City approved an Ordinance appropriating the expenditure of funds in the amount of $1,240,000, which includes the FAA Grant amount and the City's share of costs. The Cities will open bids on July 28 for Airport improvement projects associated with this Grant. Depending on the price of the bids, projects will be selected by priority and within the supplemental budget amount. Not all of the FAA Grant money must be spent this year. In the event not all of the FAA entitlement money is used this year the remaining money will be rolled over into next year. Approval of the Grant Agreement will allow the Cities to use the Grant proceeds to fund projects from the list of Grant -approved improvements set forth in the Grant Agreement which is on file with the City Clerk. 19. Resolution 2005-079 Authorizing the City Manager to Execute an Amendment #1 to the Intergovernmental Agreement with the North Front Range Transportation and Air Quality Planning Council for the Provision of Support Services. This Resolution would amend the intergovernmental agreement between the North Front Range Transportation & Air Quality Planning Council and the City which defines the support services provided by the City. The amendment eliminates the accounting, audit, 206 July 19, 2005 financial and payroll services currently provided and reduces purchasing and human resource services. 20. Resolution 2005-080 Authorizingthe he City Manager to Submit the 2005-2009 Fort Collins Consolidated Plan and 2005-2006 Annual Action Plan to the U.S. Department of Housing and Urban Development. The City of Fort Collins 2005-2009 Consolidated Plan and 2005-2006 Annual Action Plan was drafted as a requirement of the U.S. Department of Housing and Urban Development (HUD) for those communities participating in Federal grant programs administered by HUD. The 2005-2009 Consolidated Housing and Community Development Plan identifies and sets priorities in the community for those persons requiring housing assistance, human services and non -housing community development needs over the next five years. The one-year Action Plan attached hereto identifies the CDBG and HOME funded projects which will carry out those priorities during the 2005-2006 program year and which were approved for funding by Council on May 17, 2005. 21. Resolution 2005- 081 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide a three -tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier # 1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund-raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 22. Resolution 2005-082 Making Appointments to Various Boards and Commissions. Vacancies currently exist on the Air Quality Advisory Board due to the resignations of Jassen Bowman and John Long. Applications were solicited, Councilmembers Roy and Weitkunat reviewed the applications on file and conducted interviews. Bruce Macdonald and Gregory McMaster are being recommended to fill the vacancies with terms to begin immediately and set to expire on December 31, 2008 and December 31, 2009 respectively. A vacancy also exists on the Landmark Preservation Commission due to the resignation of Janet Ore. Applications were solicited and Councilmembers Roy and Weitkunat conducted interviews. The Council interview team is recommending Earan Russell to fill the vacancy with a term to begin immediately and set to expire on December 31, 2006. The Parks and Recreation Board has a vacancy due to the resignation of Dean Hoag. 207 July 19, 2005 Applications were solicited and Councilmembers Ohlson and Brown conducted interviews. Scott Ohm is being recommended to fill the vacancy with a term to begin immediately and set forth to expire on December 31, 2006. 23. Routine Easements. A. Deed of Dedication for Easement from LCS Building Corporation for a permanent utility easement, located on the northwest corner of March Court and Sharp Point Drive. Monetary consideration: $10. Staff: Sheri Wamhoff. B. Deed of Dedication for Right -of -Way from LCS Building Corporation for public street purposes, located on the northwest corner of March Court and Sharp Point Drive. Monetary consideration: $ 10. Staff: Sheri Wamhoff. C. Deed of Slope and Drainage Easement and Temporary Construction Easement from Myron D. Walkes, located at 1522 South Summit View Drive. Monetary consideration: $10. Staff: Patrick Rowe. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 052, 2005, Vacating a Portion of Right -of -Way as Dedicated on the Plat of Prospect Industrial Park. Second Reading of Ordinance No. 072, 2005, Authorizing the Lease of City -Owned Property at 812 North Shields Street, Fort Collins, Colorado, for Up to Five Years. 8. Second Reading of Ordinance No. 073, 2005, Authorizing the Lease of City -Owned Property at 4913 South College Avenue, Fort Collins, Colorado, for Up to Five Years. 9. Second Reading of Ordinance No. 074, 2005, Authorizing the Conveyance of Non-exclusive Easements for the Construction of Home State Bank on the Northwest Corner of Raintree Drive and Shields Street. 10. Second Reading of Ordinance No. 075, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. 11. Second Reading of Ordinance No. 077, 2005, Authorizing the Sale of City -owned Property Consisting of a Portion of Block 33, Fort Collins, Colorado, to Penny Flats, LLC. Ordinances on First Reading were read by title by City Clerk Krajicek. 12. First Reading of Ordinance No. 078, 2005, 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. July 19, 2005 13. First Reading of an Ordinance No. 079, 2005, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 14. First Reading of Ordinance No. 080, 2005, Appropriating Unanticipated Revenue in the Transportation Services Fund to Be Used to Conduct the Downtown River District Improvement Project. 15. First Reading of Ordinance No. 081, 2005, Calling a Special Municipal Election to Be Held in Conjunction with the November 1, 2005 Latimer County Coordinated Election. 16. B. First Reading of Ordinance No. 082, 2005, Annexing Property Known as the Crawford Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 083, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Crawford Annexation to the City of Fort Collins, Colorado. 27. B. First Reading of Ordinance No. 084, 2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund- Timberline Road Improvements Project to be used to Construct Improvements on Timberline Road Between Drake and Prospect Roads. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Manvel spoke regarding item #22 Resolution 2005-082 Making Appointments to Various Boards and Commissions and thanked those who have served and those who have been appointed. Councilmember Weitkunat spoke regarding item #21 Resolution 2005-081 Adopting the Recommendations ofthe Cultural Resources Board Regarding Fort Fund Disbursements and stated $32,000 was distributed plus almost $9,000 into City tourism planning for events that can generate some overnight stays. She stated this money comes to the City from visitors to the community through the lodging tax. Councilmember Kastein agreed with Councilmember Weitkunat. He asked for some feedback from staff regarding how the figures were determined and if allocations may need to be re-evaluated for an increase in the amount to tourism. City Manager Atteberry stated he would get that information. 209 July 19, 2005 Staff Reports City Manager Atteberry reported the Fort Collins Museum has received two grants; one from the Colorado Endowment for Humanities and one from the Colorado Council on Arts. He stated the grants total about $7,500 to support the Museum's Crossroads at the Council Tree Native American Music Festival that will be held on Labor Day weekend. He stated he was proud of the work staff and the Boards and Commissions have done to secure these grants. He reported Fort Collins was named one of the top ten "Where to Live Now" cities by Outside Magazine. Fort Collins' winning components included the Climate Wise Program and other environmental efforts, its proximity to the mountains and other open space contributions, contributions by CSU, Hewlett-Packard, and local start-up businesses, and its local breweries. He reported the City is about to celebrate the 20th birthday of the Farm at Lee Martinez Park noting the celebration will be Saturday, the 23rd, at 4:00 p.m. He encouraged the public to visit the Farm. Councilmember Reports Councilmember Kastein reported on the North Front Range Transportation and Air Quality Council meeting stating he and Councilmember Manvel attended the meeting. He stated the City would be receiving CMAT Funds of about $2.9 million for work on the Harmony/Shields intersection, hot spot testing for emissions to identify high -polluting vehicles, funding for the City's TDM program, and a pedestrian underpass on the Mason Transportation Corridor at Centre Avenue. Councilmember Kastein added the MPO, Council, and basically every entity is interested in pursuing an RTA. He asked the Leadership Team to allow him a few minutes to discuss this. Councilmember Ohlson stated he was on the Council when the Farm was approved and noted it was not unanimously approved, though it has been widely enjoyed by the community over the years. He encouraged Council attend the celebration. Items Relating to the Timberline Road, Drake to Prospect Project and the Creation of Timberline and Prospect Special Improvement District ("SID") No. 94, Adopted The following is staff s memorandum on this item. "FINANCIAL IMPACT Street improvements are proposed for Timberline Road from Drake to Prospect. Most of the planned improvements are adjacent to existing and proposed developments and will be constructed through the Street Oversizing Program. The developers have also agreed to fund additional improvements needed in order to proceed with their developments in accordance with the City's Adequate Public Facilities (APF) Ordinance. Developers have contributed $2,500, 000 to the City for the engineering design and construction of the APF improvements to the Timberline and Prospect intersection. Thesefunds are in conjunction with the proposed Special Improvement District No. 94 financed privately by property owners developing in the proposed district. 210 July 19, 2005 EXECUTIVE SUMMARY A. Resolution 2005-083 Approving the Preliminary Report of the Director of Community Planning and Environmental Servicesfor Timberline and Prospect SID No. 94, the Property to be Assessed for the Improvements, the Assessment Method and the Date when the Council will Hold a Hearing and Consider the Ordering by Ordinance of the Proposed Improvements. B. First Reading of Ordinance No. 084, 2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Timberline Road Improvements Project to be used to Construct Improvements on Timberline Road Between Drake and Prospect Roads. C. Resolution 2005-084 Authorizing an Exemption to the Use of a Competitive Process for Additional Professional Services in Connection with the Timberline, Drake to Prospect Project. The Timberline Road and Prospect Road intersection is the most heavily congested intersection in the City. In the absence ofany City Capital lmprovementfundingfor this intersection, two impacted developers are electing to privately fund these improvements in order to proceed with their development projects. These developers are the majority property owners and have proposed the initiation of an involuntary SID to spread a portion of the costs through assessments to other undeveloped property in the area benefitted by the improvements. The proposed Timberline and Prospect SID No. 94 will meet all of the adopted Council Policies regarding Special Improvement Districts. The creation of the SID will spread the cost of the APF improvements to all undeveloped property which benefits from the construction. BACKGROUND Detailed Summary: The first item is a Resolution for Council approval, adopting the plans, specifications, estimated cost, and the method ofassessment for the SID. The first step in creating this SID has already been taken. Theproperty owners submittedpetitions askingfor the creation ofthe district. AResolution accepting the petitions was approved on November 4, 2003, which directed the City Engineer to draw up plans and an estimate of the improvements. Staff has completed the Engineering Report for the Timberline and Prospect SID No. 94 which studies the following: 1. The location of the proposed district includes the petitioners and rights of way and easements necessaryfor construction. 2. The costs and f nancing including the total project cost, Street Oversizing Program costs and the assessment methodology. The assessments methodology is based on the requirements of the City's adequate public facilities ordinance. 211 July 19, 2005 3. Maps of the district, legal descriptions, right-of-way maps, and detailed construction cost estimates which are included in the report. 4. Summary of the traffic analysis and assessment for each property in the district. This Resolution also sets the hearing dateforpublic comment on August 16, 2005 at the regular City Council meeting. At that time, staff will present an Ordinance for Council approval which will create the SID. At the completion of construction, Council will hear an Ordinance assessing the cost of the improvements to the properties in the SID for collection. To meet the requirements of Article X, Section 20 of the Colorado Constitution (TABOR Amendment), a special election of SID property owners will be held on November], 2005. The ballot question is limited to whether to allow the City to collect the assessments overtime. If the ballot measure fails, the assessment payment would be due in full immediately. A Resolution placing the SID assessment question on the November ballot will be presented for consideration by Council at its meeting on August 16, 2005. The remaining items are related to the construction of the roadway improvements. An appropriation ordinance transfers monies received from the developers and the Street Oversizing Fund into the project account. An authorization of a change order to complete the construction drawings and related bid documents is also presented. Over the last several months, staff has been meeting with the property owners who will be affected by the acquisition of right -of way for the project. Their input has been considered during the engineering design and has helped resolve many issues, including access, storm water, utility service and irrigation water. City Departments have been working together to include utilities and roadways needed for the planned Police Facility, and will include these improvements in the roadway contract in order to save time and money for the Police Facility Project. Staff has also been working with property owners who have requested to have their frontage improved with this project. Fleischli Enterprises and Integrated Equities have decided to participate in this project for its benefit, as well as the City's. Both property owners have agreed to contribute their local street portion and are now completing the engineering design along their frontages to include in the construction of Timberline Road. At the August 16 meeting of Council, staffwill request authorization of eminent domain proceedings to insure the timely completion of the project. Staff has met with all the property owners affected by the Project and begun negotiations on right-of-way and construction easement acquisition. The authorization of eminent domain would allow the City to obtain possession of necessary property interests ifnegotiations are notfinalized by theplanned construction start date. Staff is completing appraisals for offers to each property and all properties have been notified by certified mail of this Council action. 212 Summary of costs: APF Improvements (SID No. 94) City of Fort Collins Police Facility Capital Project Existing Appropriations Sidehill Development Contribution St. Charles Investment Group Contribution Fleischli Enterprises Contribution Integrated Equities Contribution Street Oversizing Fund Prior Year Reserves (Including a $212, 936 contribution from Prospect Industrial Park) Total Construction Cost: Additional Background Information: $1,272,291.00 $829, 512.00 $354, 014.00 $115, 447.00 $119, 830.00 $3, 273, 425. 00 July 19, 2005 $2, 500, 000.00 $6,180, 455. 00 $8,680,455.00 Construction is planned to start this fall with the widening of the bridge over Spring Creek, expansion of the Great Western Railroad crossings on both Timberline and Prospect, and utility relocations. Construction of the roadway improvements will begin in the Spring of 2006 and be completed by the end of the year. Utility service and perimeter roadways for the Police Facility will be included in the Timberline Road Project. This will help with coordination of improvements and realize significant cost savings for the Police Facility site. Timberline Road, from Drake to Prospect is currently the highest deficiency segment in the City's street network. The Timberline/Prospect intersection experiences failing levels of service in both the morning and afternoon peak hours. Attempts by the City to create a funding mechanism for the necessary improvements have not been successful. The City's Adequate Public Facilities Ordinance does not allow any additional development to impact failing intersections. A conceptual estimate indicates that $2.5 million is needed to improve the intersection to meet minimum levels of service necessary to allow additional development in the area. The improvements contemplated are: Dedicated right turn lanes on all legs of the intersection Double left turn lanes on Timberline Additional through lanes on Timberline These interim improvements will add capacity to the intersection, but will not include landscaped medians, concrete paving, enhanced crosswalks, or other elements not necessary to increase Levels of Service. There are two large development parcels which are currently affected byAPF. TheJames Company is constructing the Sidehill development project on the east side of Timberline and north ofDrake and the St. Charles Investment Group owns 80 acres on the west side of Timberline and north of 213 July 19, 2005 Drake. Both of these developments cannot build in the absence of improvements to Timberline/Prospect. These developers have elected to fund the $2.5 million APF improvements in order to proceed with their development projects. There are other smaller undeveloped parcels adjacent to Timberline/Prospect that are also affected by APR Some have expressed interest in participating in the cost of improving the Timberline/Prospect intersection while others have indicated a strategy of waiting until the improvements are made in order to benefit while avoiding any costs. The James Company and the St. Charles Investment Group have proposed the formation of an involuntary SID as a financing mechanism to allow for fair and equitable assessment of all benefiting property owners. The terms of the district would generally be: 1. The amount financed will be $2.5 million, or the amount needed to make the improvements to the Timberline/Prospect intersection required by APF. 2. No municipal or City -backed bonds will be issued. Financing will be by the developers, using cash or private placement bonds. The City will be the collection agency for assessments, but will not incur any financial liability. Actual payment of the $2.5 million by the James Company and Cumberland Group will not occur until construction bidding (August 2005) to avoid capitalized interest. Security in the form of a performance bond for $2.5 million has been posted with the City in order for development to continue during the formation of the SID. 3. The Assessment method will be based on APF and its benefit to undeveloped property. Severalfactors, including trip generation, trip distribution, delay and proximity to the intersection within a one -mile radius are used to calculate the impact and benef t for each property. Efforts will be made to obtain consent of any potentially assessable property owner prior to the creation of the SID. 4. The properties included in the SID will begin repayment of their proportionate share (the assessments) upon completion of the construction and final accounting of the costs (tentatively in late 2006). Providing a 10 year repayment schedule for properties being assessed could be an incentive for properties to participate in the SID without opposition. However, in accordance with the TABOR Amendment, a vote ofdistrictproperties would be necessary to allow the City to enter into a multi- year obligation to collect assessments over time. The alternative to a 10 year payback is an immediate one time assessment ofthe full amount due. This one time assessment, without the option to pay in installments, would likely produce a greater protest from involuntary participants. Included in these items is a resolution setting this assessment question on the November ballot. Resolution 2003-122 accepting the petitions and directing City staff to prepare the plans and cost estimates was adopted by City Council on November 4, 2003. 214 July 19, 2005 The City has adopted Special Improvement District criteria and policies set forth in the "Special Improvement Districts Manual, Section II, Policies ", as listed below. All public improvements as described in Chapter 16 of the City Code shall be eligible for inclusion in an Improvement District ("District'). However, the City may exclude certain improvements when it deems such improvements are not in the best interests of the City. 2. The City reserves the right to deny the creation of any District. 3. The proposed District should be consistent with the Maser Street Plan and other planning documents of the City. The district should have an approved Master Plan. An approved Preliminary Plan may be required if local street or utility improvements are to be included within the District. The City may also require a Storm Drainage Plan to be submitted. 4. The total cost ofthe District should not exceed the appraised value of the improvements and the land to be included in the District. 5. The amount of encumbrances on the land in the District including the assessments of the District should not exceed 90% of the value of the land including the improvements without being acknowledged by subordinate lien holders, or the posting of a surety from a recognized company for 100% of the principal and interest of the construction cost of the District. 6. The cost to be borne by the City in a District must be currently available or minimized and/or deferred through credits or other mechanisms. 7. The City has the option to require property owners within the District to manage construction of the improvements themselves or through Professional Engineers where it is to the City's advantage to do so and the proposed managers can demonstrate experience and competence. 8. The City has the option to require privately managed Districts to bid and award contracts for construction of the public improvements when provided for in the District's Master Agreement and performed in conformance with the City Charter. 9. Construction activities of District improvements should not cause extraordinary inconvenience to properties choosing not to be a party to the District. 10. Should a default in the assessmentpayments ofa District occur, the City shall have the right to immediately proceed with all legal remedies including a tax deed and sale of the affected land. 11. The City Manager may establish administrative policies and procedures for the Improvement District process and may recommend appropriate fees to the City Council. 12. Proposed improvements should be of benefit to the City within a reasonable time frame." 215 July 19, 2005 City Manager Atteberry introduced the agenda item and stated Matt Baker, Street Oversizing Program Manager, would be presenting the staff report. Matt Baker stated the Timberline roadway improvements, from Drake to Prospect, are greatly needed. The intersection at Timberline and Prospect is currently the highest deficiency segment in the City street network. He stated attempts by the City to create funding sources to alleviate these deficiencies have not been successful. He showed photos and illustrations of the intersection to Council and stated two developments, Sidehill and Mansion Park, which are located south of the intersection, are the largest contributors to the roadway improvement project. He noted Saint Charles Investment Group sold the City ten acres of its property for the future Police Services facility and as part of that transaction, the Mansion Park developer fronted money for the roadway frontage improvements and the preliminary roads around the Police Department site. Baker stated the developments cannot proceed because the City has an Adequate Public Facilities (APF) Ordinance which does not allow additional development to impact failing intersections within the City. New development within a one -mile radius of the intersection cannot proceed until the existing deficiencies are corrected. He stated $2.5 million is needed to improve the intersection to minimum levels of service and the area developers have approached the City offering to fund these improvements. Baker noted these improvements will not be the ultimate improvements; however, they will bring the intersection up to a level of service D for 10 years. He described the funding sources for these interim improvements as well as for the ultimate improvements. Baker described the items for consideration: the appropriation ordinance which includes the $2.5 million from the developers for the APF improvements, $1.4 million contributed by the developers for their local street frontage, $3.489 million from street oversizing, and the money from the Mansion Park developer which was put in escrow for the perimeter roads around the Police Services property. The total interim project budget is approximately $8.68 million. He described the Resolution to accept the plans, approve the assessment method, and set the date for public hearing for Special Improvement District No. 94, noting the developers who have put forth the money for the improvements have petitioned for the formation of an involuntary special improvement district as a funding mechanism that will allow some of the cost to be distributed between other undeveloped properties in the area because it benefits those properties. He stated if this Resolution is adopted, Council will hold the public hearing and consider the creation of the Special Improvement District on August 16, 2005. He stated the ordinance assessing costs for improvements in the District will be considered upon completion of the construction. Baker noted the City would not incur any financial liability for this District and would only act as the collection agency for the assessments. He stated the assessments are based on the requirements of the APF Ordinance which includes undeveloped parcels in a 1-mile radius that generate trips causing a 2% increase in delay to the intersection traffic. These properties would be unable to develop until these improvements are made. He stated parcels were only included in the District if they contributed greater than a 2% increase in delay to the intersection traffic. He stated the City's appraiser calculates the value to the properties in the District at between $4.6 and 6.8 million. He stated staff is requesting adoption of a Resolution to authorize a change order to complete the plans and provide drawings for the engineering. Baker noted there is also a TABOR requirement that the City get approval via an election, from the property owners in the District, to assume a multi -year financial obligation. He stated that on August 16, Council will consider placing the question of 216 July 19, 2005 whether to allow the City to collect the SID assessments over time on the November 2005 ballot for a special election of the SID property owners. He presented an estimated time line for the SID and stated there is an overall positive attitude regarding the District. Councilmember Manvel asked if a second left turn lane would be added going west on Prospect. Baker replied, as part of the improvements, some of the intersection will hopefully be built out to its ultimate improvement with a dedicated right turn lane and double left turn lanes from westbound Prospect to southbound Timberline. Councilmember Manvel asked about the finances on the road improvements and how the road frontage will be improved in front of those companies which have not agreed to front the money. Baker replied the other businesses have been given the opportunity to contribute but have taken a more"wait and see" attitude and have elected not to be part of the roadway project at this time. He stated they will be assessed for the intersection improvements through the SID and, if they do decide to develop at a future point, will have to do their own roadway improvements as would any developer. Councilmember Manvel asked if this would mean the roadway sections will not all be done to the same standard, or if they are all going to be done, who will be responsible for payment. Don Bachman, Engineering Policy and Budget Manager, replied Timberline will be completed in front of those properties, they will be assessed as part of the District, and when they develop in the future, they will be responsible for paying the developer's cost back to the City. He stated the four -lane arterial will be completed from Drake to Prospect. Councilmember Roy thanked staff for the presentation and asked how much it will cost to re -do the intersection to the ultimate standards. Bachman replied it will be about $4.8 million to go to an ultimate 4-lane. Councilmember Roy asked for a description comparing the ultimate improvements with the interim improvements. Baker replied the interim improvements will include a right -turn lane on Timberline, two through lanes, double left turn lanes, a traffic control median, two more through lanes, bike lanes, and a sidewalk up to the end of the bridge. He stated Prospect Road will be widened to include two left -turn lanes and a right -turn lane and there will be additional widening for the ultimate improvements. Mayor Hutchinson asked staff to clarify the relationship of the potential capital tax. Bachman replied the $4.8 million needed to go from the interim four -lane improvement to the ultimate four - lane improvement is on the draft list for Building on Basics 2005 funding and added the ultimate improvements would likely come in about 10 years, which happens to coincide with the end of the time the interim improvements will still be effective. Councilmember Weitkunat asked if the dollars were solely going to the intersection improvements. Baker replied the APF improvements would include intersection improvements and transitions plus the additional travel lanes to make this a four -lane arterial to Drake and added these are all part of the SID funds. 217 July 19, 2005 Councilmember Weitkunat clarified the actions tonight are preliminary steps in getting to the SID and asked for explanation regarding the fact that the actual existence of the SID cannot occur unless it is approved on a ballot. Baker replied it is Council's purview to create a Special Improvement District within the City. He added the TABOR issue is a question of multi -year financial obligation; therefore, if the measure is not approved, the SID assessments are due and payable immediately at the time construction is completed and if it is approved, affected land owners would pay the assessments, with interest, over 10 years. Councilmember Ohlson asked if the intersection will not be concrete until the final plan ten years from now is complete. Baker replied that is correct and noted asphalt is a much easier medium to work with on this interim basis. He stated the ultimate concrete improvements will last an estimated 40 years. Councilmember Ohlson asked what this SID has in common with those from the 1980s in which the City had $46 million of debt in Special Improvement Districts. Baker replied this District is nothing like those earlier districts which were SID improvements assessed against undeveloped property that was already loaded with debt. He stated the City is not issuing SID bonds, the project is entirely privately funded by the developers and there is no City money involved. He stated the SID is a collection mechanism to repay the developers the $2.5 million they are fronting for the APF improvements. Councilmember Ohlson asked staff to explain the concept of "oversizing." Baker replied street oversizing is a title the Special Enterprise Impact Fee Fund has been saddled with since its creation because it deals with oversizing arterial roadways from local streets. He stated it is a transportation impact fee based on trip generation of new development and added it is a revolving fund in the sense that money comes in with development projects and goes out with arterial roadway improvement projects near the new developments. Councilmember Ohlson stated he is a believer in boards and commissions and the level of detail and information those members can bring to an item. He expressed concern about not seeing any recommendation or discussion from the Transportation Board. Ron Phillips, Transportation Services Director, replied the Transportation Board has seen this presentation and is very much in favor of the project; however, the Board did not deem it necessary to forward a recommendation to Council at this time. Councilmember Roy asked if the involuntary SID is temporary until the November ballot at which time it would become voluntary. Deputy City Attorney Eckman replied it is involuntary because it brings in areas that are not owned by the petitioners of the district. Phillips added only the affected property owners will be voting in November and not regarding whether the District will be formed, but only to determine whether the financing will be on a multi- year repayment schedule or due upon the formation of the District. Councilmember Roy asked how many properties are being placed in the District that have not voluntarily come forward to say they want to be part of it. Baker replied there are 22 parcels total 218 July 19, 2005 in the District; two of those parcels are the petitioners, one is the Police Department facility which will not be assessed because Mansion Park will be picking up its assessment, and there are two other properties that have volunteered to participate in the project. Baker stated there are probably 15 properties that are involuntarily being included and added he has spoken with about ten of those investment groups and there is no strong opposition to being included. He added it is clearly a benefit for these properties because they cannot develop until the APF needs are met. Councilmember Roy expressed concern about possible eminent domain issues arising with the properties that would be involuntarily participating. Baker replied most of the SID properties are not affected by the eminent domain issue because they are financing the APF improvements; however, there are several properties along the roadway corridor that are affected by eminent domain. Bachman clarified these properties are affected by the purchase of right-of-way, not necessarily by eminent domain which would only be used if some type of a purchase agreement could not be reached. Councilmember Manvel asked if the Cumberland Group and Saint Charles Investments, both referenced in the Agenda Item Summary, are the same entity. Baker replied the Cumberland Group is the investment company iteration of Saint Charles Investments. Councilmember Manvel asked if any consideration was given to having a rotary -type intersection at Prospect and Timberline. Baker replied it was considered but the amount of space was determined to be too small given the location of Spring Creek and the BMC West building. Councilmember Kastein asked if properties would be assessed more if their impact to the intersection was deemed to be greater. Baker replied the assessments are based on the number of trips each property actually puts in the intersection so properties contributing more delay to the intersection will be assessed more. He added this information is determined based on the current zoning, size of the property, and the Structure Plan for the properties. Councilmember Kastein asked if any land use changes, such as rezoning, could result in a change to the $2.5 million needed for the improvements. Baker replied those changes would probably not affect the dollar amount for the intersection as the properties were evaluated and best assumptions were made as to trip generation for certain types of uses allowed in the zoning districts. He added there may be some flexibility with assessments if the ultimate number of trips generated from a developed parcel varies greatly from the estimated number. Councilmember Kastein asked when the money would be due from the properties if the vote fails in November. Baker replied it would be due immediately after the assessment ordinance which is right after construction of the intersection. He added the property owners would have 30 days to pay the bills in full. Mayor Hutchinson stated the three items would be treated separately with the first item being Resolution 2005-083 Approving the Preliminary Report of the Directory of Community Planning and Environmental Services for Timberline and Prospect SID No. 94, the Property to be Assessed for the Improvements, the Assessment Method and the Date when the Council will Hold a Hearing and Consider the Ordering by Ordinance of the Proposed Improvements. 219 July 19, 2005 Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2005-083. Councilmember Ohlson stated he would support the motion and commended staff on its excellent work. He stated he would have expected the Transportation Board to provide a memo on an $8.7 million project on an intersection listed as the worst in the City. He added he would hope the Board would at least give some input in the future. Councilmember Kastein stated he appreciated the idea and appreciated the property owners coming forward to pay their share. He commended staff s work on the project. Mayor Hutchinson agreed in thanking staff and stated this is an innovative approach to getting something done with one of the worst intersections in Fort Collins. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Mayor Hutchinson stated the next item for consideration is First Reading of Ordinance No. 084, 2005, Appropriating Unanticipated Revenue in the Capital Projects Fund - Timberline Road Improvements Project and Appropriating Prior Year Reserves in the Street Oversizing Fund for Transfer to the Capital Projects Fund - Timberline Road Improvements Project to be used to Construct Improvements on Timberline Road Between Drake and Prospect Roads. Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Ordinance No. 084, 2005 on First Reading. Councilmember Roy stated he would support these items primarily because this is a wretched intersection. He added there are lessons to be learned about having to do things twice, about growth really not paying its own way, and about not planning correctly. He expressed concern regarding the intersection being built "okay" once and then having to be re -constructed 10 or 15 years in the future but hoped this would alleviate the problems with the intersection for citizens. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Mayor Hutchinson stated the next item for consideration is Resolution 2005-084 Authorizing an Exemption to the Use of a Competitive Process forAdditional Professional Services in Connection with the Timberline, Drake to Prospect Project. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2005-084. Wo July 19, 2005 The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED City Manager Atteberry recognized Matt Baker, Ron Phillips, Don Bachman, and the City Attorney's Office for their creative problem solving. He noted this is the kind of work Council has come to expect from himself and staff. Ordinance No. 080, 2005, Appropriating Unanticipated Revenue in the Transportation Services Fund to Be Used to Conduct the Downtown River District Improvement Project, Adopted on First Reading The following is staffs memorandum on this item. "FINANCIAL IMPACT Pursuant to an Intergovernmental Agreement between the Downtown Development Authority (the "DDA') and the City of Fort Collins, the DDA is providing $200, 000 to the City to conduct the Downtown River District Improvement Project (the "Project'). The City will provide an in -kind contribution to the project, of up to $100, 000, through staff time and departmental resources. The DDA cash contribution will be used to hire a consultant team to assist with this project. EXECUTIVE SUMMARY The DDA and the City's departments of Transportation Planning, Engineering, Advanced Planning, and Utilities have initiated this Project to address the lack of sufficient public infrastructure to support infill development and redevelopment in the Downtown River Corridor area. This Project will be co -managed by the City and the DDA. The first phase of the Project includes detailed design/preliminary engineering and cost estimating of needed transportation and utility improvements for the area including Jefferson, Willow, Lincoln, and Linden Streets. The transportation and utility improvements suggested by this Project will help the area achieve the visions andgoals set forth by City Plan and the Downtown River Corridor Implementation Program. BACKGROUND The ultimate goal ofthe Project is to implement the recommended improvements suggested by many planning projects and studies completed for this area in recent years. The first phase of the Project includes detailed design work for the necessary transportation and utility improvements for the area including Jefferson, Willow, Lincoln and Linden Streets. Subsequent phases ofthe Project will include securing construction f coding, final engineering, and construction of the identified infrastructure improvements. This project specifically addresses many ofthe high priority projects listed in the Downtown River Corridor Implementation Program report: Linden, Willow, and Lincoln Streetscape Improvements (lst priority); 221 July 19, 2005 2. Linden/Jefferson intersection project (1st priority); 3. Lincoln Avenue Bridge —part of streetscape improvements (1st priority); 4. Jefferson/Riverside Streetscape Improvements, portion along Jefferson only (1st priority); S. Linden/Willow Urban Design Features (2nd priority); 6. Gateway Features (3rd priority). This project will use the overall Downtown River Corridor Implementation Program and other recent applicable planning projects as a guide and develop detailed engineering drawings for the streetscape/roadways and utility improvements throughout this area. The design will address roadway width, alignment, location, grade, surface treatment, on -street parking, and streetscape/lighting features plus resolve railroad, drainage, utility, natural features, and environmental issues. The improvements will address all modes of transportation. In addition, the project will include design plans for the following intersections: Jefferson/Linden, Jefferson/Lincoln, Willow/Linden, Willow/Lincoln. The designs will address interim and ultimate improvement levels and include cost estimates and a recommended phasing process as well as potential funding strategies. This project will include an extensive public involvement process, including potentially affected interests such as the property and business owners within the project area, multiple City departments, the Transportation Board and Planning and Zoning Board (as well as others as appropriate), City Council, DDA, Downtown Business Association, Colorado Department of Transportation, and railroad companies. The construction of the identified infrastructure improvements will be accomplished in the future by private development and/or redevelopment projects within the district. " City Manager Atteberry introduced the agenda item and stated Ron Phillips, Transportation Services Director, would be presenting the staff report. Phillips stated staff had prepared a brief presentation to address Council's questions and concerns. Kathleen Bracke, Senior Transportation Planner, gave the staff report stating the Downtown River District project is a good example of a partnership between the City and the Downtown Development Authority (DDA). She added this project will take the Downtown River Corridor Implementation Plan to the next level and will provide a tool to address current infrastructure deficiencies, both from a transportation and utilities standpoint, and regarding infrastructure needs for infill and re -development of the area. She stated this project will include an extensive public involvement process, including the DDA, the Downtown Business Association, and continued work with City boards and commissions. Bracke showed a map illustrating priority projects according to the Downtown River Corridor Implementation Plan. She stated those priorities include streetscape improvements along Jefferson, street and pedestrian improvements along Willow, Linden, and Lincoln, and area intersection improvements. Bracke added the project area and improvements are all located outside the Poudre River Buffer Area established in 1997 and are also outside the Poudre River floodplain area. Bracke stated circulation and capacity needs for motor vehicles and other transportation modes, on and off street parking needs, and the utility 222 July 19, 2005 infrastructure will also be considered. Bracke stated the improvements will be considered regarding linkages to other areas and the history and context of the area will be taken into account. She stated the project is scheduled to begin this summer and continue through spring of 2007. Mayor Hutchinson thanked staff for the quick and detailed response to Council questions. Councilmember Roy thanked staff for the presentation and asked about the likely entry points for pedestrian crossing over Jefferson. Bracke replied the pedestrian improvements throughout the District would be very important to the project but specific locations for crossings have not yet been developed. Councilmember Roy stated his concern about the Poudre River buffer zone and asked how the corridor will be protected in this Improvement District. Bracke replied there are considerable requirements both from a stormwater standpoint as well as from a natural resources standpoint. Timothy Wilder, City Planner in Advance Planning, replied the Land Use Code is very specific in requiring a landscaped buffer for the River. He stated this area is in the River Downtown Redevelopment District and he showed a map illustrating the buffer zones. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 080, 2005, on First Reading. Councilmember Roy stated he pulled the item because he is excited about the prospect of the downtown area moving across Jefferson. He stated concern about making certain the Poudre River corridor is protected and added there are great opportunities for some arts and cultural facilities. He stated there is great opportunity for public involvement and thanked staff for their presentation. Councilmember Ohlson noted this Council has the opportunity to deal with this project either with little controversy or with a great deal of "political bloodletting." He expressed concern about the lack of mention of environmental sensitivity on staffs list of priorities and the lack of mention of the Natural Resources Department playing a role in the project. He stated concern about the original placement of this item on the consent agenda and noted vegetation buffers should not be ornamental vegetation. He stated he would support the item but expressed great concern over the lack of mention of environmental issues. Councilmember Weitkunat commented this is the first phase of a project that details design and preliminary engineering and cost estimating of transportation and utility improvements in the area. She added that while other issues are important, they do not necessarily fall in the purview of this discussion. She stated she was pleased with the information presented and more information would have been overkill on this particular item. Councilmember Ohlson disagreed with Councilmember Weitkunat noting the Agenda Item Summary mentioned this project would address natural features and environmental issues. He suggested the Second Reading of the Ordinance include the Natural Resources Department with the other entities. 223 July 19, 2005 City Manager Atteberry replied that change could be made and there was no intention of excluding departments or issues. Mayor Hutchinson replied he is in full support and added there is great synchronicity here for a lot of positive things to happen with the Poudre. He added that Council will hold staff accountable for the items they have stated will be addressed, including natural features and environmental issues. Councilmember Kastein stated he appreciated the direction and focus on downtown and getting the infrastructure done for further improvements is critical. He expressed appreciation for this project and hoped there will be more in the future. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Other Business Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to go into Executive Session, pursuant to Section 2-3 1 (a)(1)(d) and 2-31(a)(2) of the City Code, for the purposes of considering personnel matters and meeting with the City Attorney regarding potential litigation and related legal issues. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED (Secretary's Note: The Council adjourned into Executive Session at 8:05 p.m. and reconvened following the Executive Session at 8:55 p.m.) City Manager Atteberry stated, regarding the validity of the Fraternal Order of Police Collective Bargaining Ordinance, if Council adopts the Resolution before them, the Mayor would not proceed with the selection of an arbitrator as is required by the Ordinance. He stated that instead, the City Attorney would file a declaratory judgement action testing the validity of the Ordinance by the end of next week. Atteberry stated staff believes that arbitration, as required by the Ordinance, would constitute an unlawful delegation of the powers and responsibilities of the City Council and the City Manager as contained in the Fort Collins City Charter. He added staff believes it would not be in the best interest of the City of Fort Collins to proceed to binding arbitration unless and until a court of competent jurisdiction determines that the City Council and the City Manager can be required by the Ordinance to do so. Atteberry stated the staff recommendation is to adopt Resolution 2005-085 Directing the City Attorney to File a Declaratory Judgment Action in the District Court Regarding the Validity of Chapter 2, Article VII, Division 7 of the City Code Pertaining to Collective Bargaining. Councilmember Manvel made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2005-085. 224 July 19, 2005 Mayor Hutchinson stated his comments were summarized in City Manager Atteberry's comments regarding potential legal issues. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to cancel the regular meeting of August 2, 2005, in order to attend the "Neighborhood Night Out" celebrations. The vote on the motion was as follows: Yeas Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Mayor Hutchinson noted a Council retreat is scheduled for August 5, 2005. He noted the primary agenda item is the 2-year Council Policy Agenda and asked for input regarding other items. He added Councilmember Roy has suggested a discussion on health issues. Councilmember Ohlson asked that Council be flexible over the two years for evolution ofpriorities. Councilmember Manvel agreed. Councilmember Roy stated he would like to see City employee health benefits and compensation on the agenda. Councilmember Kastein stated there are other issues he would like to see on the table before compensation and benefits, given there was just a work session on that topic. Councilmember Ohlson stated he would like to see more discussion on compensation and benefits and added the retreat could be a time to determine if that should be added to the Policy Agenda for further consideration. Councilmember Weitkunat noted there would be additional time to narrow down the specific agenda items. Councilmember Ohlson stated he would like to discuss the role of local government in the local economy and get some clarification of timing, finance and budget, rather than the minutia of policy. Mayor Hutchinson agreed that lining out general policies is more important right now. Councilmember Kastein asked what the next dates for working on the Policy Agenda would be. Council agreed to meet only on Friday, August 5 rather than extending the retreat to Saturday, August 6. 225 July 19, 2005 Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to adjourn to Thursday, July 28, 2005 at 6:00 p.m. in order to conduct mid -year evaluations for the City Manager, City Attorney, and Municipal Judge. The vote on the motion was as follows: Yeas Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED Adjournment The meeting adjourned at 9:10 p.m. 0� r Mayor ATTEST: ow kk='!� 226