HomeMy WebLinkAboutMINUTES-06/17/1997-RegularJune 17, 1997
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, June 17, 1997,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays:
None.
Councilmember's Absent: Mayor Azari.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Bob Gifford, 1813 Essex Drive, objected to the three minute time limit imposed for citizen
participation and urged Council to consider reinstating the five minute limit.
William Terry, 430 Reily Drive, Bellvue, Colorado and Fort Collins business owner, spoke of the
City's policies and practices regarding prairie dog eradication. He stated the barrier issue should be
tried and determined to be inadequate before other means are used, such as poisoning.
John Meleski, 2619 Featherstar Way, expressed concerns regarding City Plan and the new Land Use
Code.
A] Baccili, 520 Galaxy Court, opposed the three minute time limit for citizen participation.
Citizen Participation Follow-up
Councilmember Kneeland responded to comments regarding the three minute citizen participation
and why it was reduced. She stated Council is still investigating how public participation could be
lengthened and still keeping the length of the meetings down.
City Manager John Fischbach stated he would provide Council with information from the Land Use
Advisory Committee with regard to upcoming changes.
Councilmember Smith spoke of the importance of public participation and stated time limits are
being looked at.
455
.June 17, 1997
Agenda Review
City Manager John Fischbach stated there were no changes to the Agenda as published.
John Meleski, 2619 Featherstar Way, requested that Item 910, Second Reading of Ordinance No. 83,
1997, Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation, be withdrawr
from the Consent Calendar.
Councilmember Bertschy requested that Item #19, Ilems Relating to the Design and Construction
of Intersection Improvements and Traffic Signal Reconstruction at Riverside Avenne (State Higlnvay
14) and Mulberry Street Intersection, be withdrawn from the Consent Agenda.
The Consent Calendar consists of Item Numbers 7 through 23. This Calendar is intended to allow
the City Council to spend its time and energy on the important items on a lengthy agenda. Staff
recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be
"pulled" off the Consent Calendar and considered separately. Agenda Items pulled from the Consent
Calendar by the public, staff or Councilmembers may be considered separately under Agenda Item
#29, Pulled Consent Items.
In 1992, City Council adopted the Service Productivity Incentive Policy, effective for 1992
and years thereafter. The goal of the policy is to provide a framework within which a
manager can develop a long-range strategic plan for service delivery rather than rely on
a short-term, line -item cost approach. Ordinance No. 80, 1997, which was unanimously
adopted on First Reading on June 3, appropriates prior year savings from increased
productivity and operating efficiencies.
Community Development Block Grant Fund to be Used for an Addition to the Education and
Life ,! Center,
This Ordinance, which was unanimously adopted on First Reading on June 3, 1997
appropriates $45,000 from unanticipated revenue in the Community Development Block
Grant (CDBG) Fund. The unanticipated revenue represents funds raised by the Education
and Life Training Center, which the CDBG program will receive and use with funds already
programmed for an addition to the Education and Life Training Center building.
456
June 17, 1997
9. Second Reading of Ordinance No. 82. 1997. Appropriating Unanticipated Revenue in the
Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Blocks
The City of Fort Collins has been awarded a State Historical Fund grant in 1997 by the
Colorado Historical Society. The purpose of the grant is to restore the street front facades
of the historic Trimble and Binkler Blocks in Fort Collins.
This Ordinance, which was unanimously adopted on First Reading on June 3, 1997,
appropriates unanticipated revenue in the amount of $95,000 for the facade restoration of the
Trimble and Binkler Blocks at 132-140 and 142-144 North College Avenue.
10. Second Reading of Ordinance No 83. 1997 Amending Section 5-27(42) of the City Code
Regarding Foundation Ventilation.
When Ordinance No. 153, 1995 was adopted, it amended Section 5-27(42) of the Code
containing certain provisions regarding foundation ventilation. Ordinance No. 83, 1997,
which was unanimously adopted on First Reading on June 3, 1997, does not substantively
change the Code but clarifies the scope of the foundation ventilation provisions.
11. Second Reading of Ordinance No. 84 1997. Amending Section 24-1 of the City Code to
Allow the Placement of Neighborhood Recognition Signs on City Streets. Sidewalks and
Other Areas Owned by the City,
A Neighborhood Sign Recognition Program has been proposed for the purpose of
recognizing and rewarding local neighborhood organizations who are committed to
maintaining and improving the quality of life for all residents of their neighborhoods.
Neighborhood organizations which apply and qualify for the program will have two
attractive signs identifying the neighborhood posted by the City in the neighborhood.
The intent of the program is to place these neighborhood recognition signs in City rights -of -
way. However, the City Code currently does not allow this type of sign to be erected upon
City streets, sidewalks and other publicly owned areas. Ordinance No. 84, 1997, which was
unanimously adopted on First Reading on June 3, 1997, permits neighborhood recognition
signs to be erected by the City in these areas.
12. Second Reading of Ordinance No. 85 1997. Designating the City Park Cannon as a Local
Landmark Pursuant to Chapter 14 of the City Code,
The City Park Cannon is considered to be a museum object. As such, the conservation
standards adopted by the Fort Collins Museum for the City Park Cannon will serve as the
standards by which maintenance, restoration, alterations or changes to the object would be
June 17, 1997
reviewed for compliance with the Landmark Preservation Code. Ordinance No. 85, 1997,
which was unanimously adopted on First Reading on June 3, 1997, designates the City Park
Cannon as a Local Landmark.
Ordinance No. 86, 1997, which was unanimously adopted on First Reading on June 3, 1997,
approves a vacation of the parkland easement owned by the City on the north side of the
Trillium parcel for the purpose of allowing Wonderland Development Corporation to build
on this property.
14. Second Readin2 of Ordinance No. 87- 1997 Appropriating Unanticipated Revenue in th
Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for th
Purpose of Purchasing Land Adjacent to Lee Martinez Park.
Ordinance No. 87, 1997, which was unanimously adopted on First Reading on June 3, 1997,
appropriates the $15,000 neighborhood contribution; appropriates the $35,000 DDA
contribution and appropriates the City's $82,162 contribution into the Parkland Fund to
purchase the 1.872 acre parcel.
15. Second Reading of Ordinance No, 88 1997 Appropriating Unanticipated Revenue for the
1997-98 HOME Program,
Ordinance No. 88, 1997, which was unanimously adopted on First Reading on June 3, 1997,
establishes the program and budget for the 1997-98 program year. The HOME Investment
Partnership Program is an ongoing grant program funded by the Department of Housing and
Urban Development (HUD).
Ordinance•. 89, 1997, Appropriating Unanticipated.1
Development
The Community Development Block Grant Program provides Federal funds from the
Department of Housing and Urban Development (HUD) to the City of Fort Collins which
can be allocated to housing and community development related programs and projects,
thereby reducing the demand on the City's General Fund Budget to address such needs.
Ordinance No. 89, 1997, which was unanimously adopted on First Reading on June 3, 1997,
appropriates unanticipated revenue and authorizes the transfer of appropriations between
projects funded by the Community Development Block Grant fund.
M
June 17. 1997
17. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8. 1997.
Regular Municipal Election.
At the April 8 regular municipal election, twelve Charter amendments were submitted to the
voters of the City of Fort Collins. As a result of the passage of ten of the twelve
amendments, a number of follow-up ordinances and resolutions need to be considered for
adoption by the Council.
A. First Reading of Ordinance No. 90, 1997, Amending the City Code Exempting the
Downtown Development Authority and the Fort Collins Housing Authority from the
Conflict of Interest Provisions of the City Charter.
Charter Amendment No. 3 added language to provide that authorities of the City that are
governed by state rules of ethical conduct may be exempted from conflict of interest
provisions by Council ordinance. This Ordinance would exempt the Downtown
Development Authority and the Housing Authority from the provisions of Article IV, Section
9 of the Charter.
B. First Reading of Ordinance No. 91, 1997, Amending the City Code Establishing the
Deadline for Filing a Nominating Petition for a Recall Election.
A person desiring to become a candidate at a recall election may do so by nominating
petition. Charter Amendment No. 4 added language to Article IX, Section 3 of the Charter
to provide that the Council shall set by ordinance the deadline for filing a nominating petition
for a recall election. This Ordinance sets the deadline at 30 days prior to the date of the
recall election.
C. First Reading of Ordinance No. 92, 1997, Amending Chapter 8, Article I of the City
Code to Establish the Budget Term for the City.
Charter Amendment No. 5 added language to Article V, Section 1 of the Charter to provide
that the Council shall set by ordinance the term for which it shall adopt budgets in
accordance with the provisions of Article V. This Ordinance would permit biennial (two-
year) budgeting.
D. First Reading of Ordinance No. 93, 1997, Amending Section 2-31 of the City Code
Pertaining to Executive Sessions of the City of Fort Collins to Conform the
Executive Session Purposes to the Provisions of the City Charter, as Amended April
8, 1997.
Charter Amendment No. 7 expanded the purposes for which executive sessions may be held.
459
June 17. 1997
E. Resolution 97-85 Making an Amendment to the Boards and Commissions Manual
Concerning Terms of Office and Removal of Members by Council With or Without
Cause.
Charter Amendment No. I 1 amended Article IV, Section 1 of the Charter to provide that the
ordinance establishing a board or commission shall prescribe the powers, duties, terms of
office, operating procedures and compensation of board and commission members. It
provided that all board and commission members may be removed by the Council with or
without cause. This Resolution amends the Boards and Commissions Manual to reflect those
changes.
18. First Reading of Ordinance No 94, 1997, Appropriating Prior Year Reserves in the
Transportation Services Fund and Authorizing the Transfer of Appropriations Between
Funds for the Preliminary Design of the Traffic Operations Department Relocation.
The Traffic Operations Department is responsible for traffic signals, paint, and pavement
markings. The sign and paint crews, the traffic engineer, and the administration elements of
the department are located at the Streets Facility on the corner of Vine and Lemay. The
signal crews, the VMS master computer system, and the equipment storage is located at the
Water Utility facility at 700 Wood Street. Water Utilities has requested that Traffic
Operations vacate the Wood Street facility so that Water Utilities can continue with its
expansion plans. This request has placed the Traffic Operations Department in a position to
find a permanent facility from which to conduct its operations.
The selection of the current sand/salt facility as a new Traffic Operations facility came about
for several reasons. The first was that storing salt in this particular building has accelerated
the deterioration of the facility. Salt has leached through the building and is destroying the
old mortar between the bricks. The Streets Department must move the operation from this
facility or the building may be beyond repair. The second reason has to do with coordination
between the Streets and Traffic Department. In the two years that Traffic has been housed
in the Streets facility, coordination efforts between the two departments has increased
significantly. Having the two departments on. the same property will continue the
coordination efforts and increase department effectiveness. The building also contains
enough space for the all of the Traffic Operations personnel and provide indoor storage for
equipment and materials. The building also contains enough space for the all of the Traffic
Operations personnel and provide indoor storage for equipment and materials. The new
Traffic Operations facility does not include office space for other Transportation Service area
operations or other service area operations.
19. Items Relating to the Design and Construction of Intersection Improvements and Traffic
Signal Reconstruction at Riverside Avenue (State Highway 14) and Mulberry Street
Intersection.
June 17, 1997
A. Resolution 97-86 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the Colorado Department of Transportation for the Allocation of
$140,000 of Surface Transportation Program Funds for the Design and Construction
of Intersection Improvements and Traffic Signal Reconstruction at the Intersection
of Riverside Avenue (State Highway 14) and Mulberry Street.
B. First Reading of Ordinance No. 95, 1997, Appropriating Unanticipated Revenue in
the Transportation Services Fund and Authorizing the Transfer of Appropriations for
the Design and Construction of Intersection Improvements at the Riverside Avenue
and Mulberry Street Intersection.
This Resolution authorizes the approval of an Intergovernmental Agreement with the CDOT
allocating $140,000 of Federal STM funds and $2,000 local agency non -participating funds
for design and construction for intersection improvements and traffic signal reconstruction
at the intersection of Riverside Avenue (State Highway 14) and Mulberry Street. The funds
will be used for engineering, roadway improvements, material procurement, and
reconstruction of the traffic signal.
20. Resolution 97-87 Adopting Amendments to the Financial Management Policies
The amendments adopted by this Resolution will become part of the Financial Management
Policies of the City. The policies will remain in effect until they are subsequently amended
or repealed by Council action.
The Council Finance Committee and the full Council have reviewed the amendments to the
existing policies.
21. Resolution 97-88 Adopting the Revised Water Treatment Facilities Master Plan
The Revised Water Treatment Facilities Master Plan dated May, 1996 ("the Master Plan")
will require the Water Utility Enterprise to borrow approximately $35 million to fund the
recommended improvements. It is projected that water rates will need to be adjusted
approximately 6% per year for the years 1998-2001.
22. Resolution 97-62 Recommending Conditional Approval of a Waiver of the UGA Public
Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision
This is a waiver request by the developer of the Aurora Hills Subdivision to exempt the
project from the street improvement requirements of the Intergovernmental Agreement
(IGA). The waiver request pertains to the proposed Aurora Hills Subdivision, consisting of
32 dwelling units on 7.5 acres, located west of College Avenue, east of Constellation Drive,
south of Skyway Drive, and north of Trilby Road in unincorporated Larimer County.
461
June 17. 1997
Originally Resolution 97-62, which recommended denial of the waiver request, was
postponed in April and May of this year so that staff discussions and negotiations with the
developer as well as Larimer County could continue. At that time, one of City staff's
concerns was that the increased traffic generated by this development would greatly affect
the conditions of the roadway and Skyway Drive would be left unimproved. In addition, the
$700 per dwelling unit payment (the amount collected by Latimer County at time of building
permit if the waiver request were approved) would become part of a pool of funds used for
various projects throughout the County, with no guarantee that improvements would be
completed to Skyway Drive to offset the impacts of this project. The proposed agreement
between the City, Larimer County, and the developer would provide for a per unit payment
of $1,562.50 and would ensure that these fees will be dedicated for improvements to Skyway
Drive in particular.
23. Routine Deeds and Easements.
A. Deed of Easement from Huntington Hills LLC, for the purpose of permanent
drainage located east of College Avenue and north of Trilby Road. Monetary
consideration: $0.
B. Deed of Easement from Huntington Hills LLC, for the purpose of permanent
drainage located east of College Avenue and north of Trilby Road. Monetary
consideration: $0.
C. Deed of Easement from Huntington Hills LLC, for the purpose of permanent
drainage located east of College Avenue and north of Trilby Road. Monetary
consideration: $0.
D. Deed of Easement from Huntington Hills LLC, for the purpose of permanent
drainage located east of College Avenue and north of Trilby Road. Monetary
consideration: $0.
E. Deed of Easement from Susan M. Strawn, to underground existing overhead electric
services, located at 1216 West. Olive. Monetary consideration: $10.
F. Deed of Easement from Steven and Lera Main, to install streetlight and underground
electric services, located at 1028 West Oak. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Productivity7. Second Reading of Ordinance No. 80 1997 Appropriating Prior Year Savings Realized fro
Increased . Operating
462
June 17, 1997
8. Second Reading of Ordinance No 81 1997 Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund to be Used for an Addition to the Education and
Life Training Center.
9. Second Reading of Ordinance No 82. 1997 Appropriating Unanticipated Revenue in the
Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Blocks
10. Second Reading of Ordinance No 83 1997 Amending Section 5-27(42) of the City Code
Regarding Foundation Ventilation
H. Second Reading of Ordinance No 84 1997 Amending Section 24-1 of the City Code to
Allow the Placement of Nei-hborhood Recognition Signs on City Streets Sidewalks and
Other Areas Owned by the City.
12. Second Reading of Ordinance No 85 1997 Designating the City Park Cannon as a Local
Landmark Pursuant to Chapter 14 of the City Code
13. Second Reading of Ordinance No 86 1997 Vacating a Grant of Easement and Right-of-
ay.
14. Second Reading of Ordinance No 87 1997 Appropriating Unanticipated Revenue in the
Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for the
Purpose of Purchasing Land Adiacent to Lee Martinez Park
15. Second Reading of Ordinance No. 88, 1997- Appropriating Unanticipated Revenue for th
1997-98 HOW Program,
16. Second Reading of Ordinance No 89 1997 Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Fund
Items on First Reading were read by title by City Clerk Wanda Krajicek.
17. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8 1997
Regular Municipal Election,
A. First Reading of Ordinance No. 90, 1997, Amending the City Code Exempting the
Downtown Development Authority and the Fort Collins Housing Authority from the
Conflict of Interest Provisions of the City Charter.
463
June 17, 1997
B. First Reading of Ordinance No. 91, 1997, Amending the City Code Establishing the
Deadline for Filing a Nominating Petition for a Recall Election.
C. First Reading of Ordinance No. 92, 1997, Amending Chapter 8, Article I of the City
Code to Establish the Budget Term for the City.
D. First Reading of Ordinance No. 93, 1997, Amending Section 2-31 of the City Code
Pertaining to Executive Sessions of the City of Fort Collins to Conform the
Executive Session Purposes to the Provisions of the City Charter, as Amended April
8, 1997.
18. First Reading of Ordinance No 94, 1997 Appropriating Prior Year Reserves in the
Transportation Services Fund and Authorizing the Transfer of Appropriations Between
Funds for the Preliminary Design of the Traffic Operations Department Relocation
19. First Reading of Ordinance No. 95 1997 Appropriating Unanticipated Revenue in the
Transportation Services Fund and Authorizing the Transfer of Appropriations for the Desig
and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street
Intersection,
Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Bertschy, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
Director of Cultural, Library and Recreational Services Mike Powers introduced new Library
Director Brenda Carns.
Councilmember Reports
Councilmember Mason requested that Water Utility General Manager Mike Smith give a brief report
on Item #21, Resolution 97-88 Adopting the Revised Water Treatment Facilities Master Plan, which
was adopted on the Consent Agenda.
Water Utility General Manager Mike Smith gave a staff presentation on the Water Treatment Facility
Master Plan. He stated this Plan modifies existing facilities rather than constructing new ones and
spoke of the new raw water pipeline he believed was critical to the Plan.
June 17. 1997
Councilmember Mason stated the Finance Committee met and discussed the Financial and
Management Polices and reported the Growth Management Committee recently met and discussed
the County Land Use Plan ("PLUS").
Councilmember Bertschy stated a meeting was held with the Natural Resources Advisory Board and
staff to discuss the prairie dog policy in natural areas.
Citizen Participation
Due to a change in meeting times a special exception was made to hear additional Citizen
Participation.
David Lipp, 626 Remington, expressed his frustration with the City's definition of"rubbish" in the
Code and stated he believed the City was trying to condemn his property by labeling it "rubbish".
Mollie Schlesser, Wellington, Colorado, thanked Council for looking into the prairie dog issue and
asked if Council would allow members of the public to participate in the committee being formed.
Ali Bahrani, 1608 Collins Court, expressed objections to the three minute time limit and spoke of
a recent letter he wrote to the Mayor expressing concerns regarding the alley between Maple Street
and Collins Court. He spoke of the reasons for the City denied his request to vacate the alley.
Citizen Participation Follow-up
City Manager John Fischbach reported Mr. Lipp has been given numerous extensions to clean up
his property and stated staff has been very cooperative with him.
Councilmember Reports
Mayor Pro Tent Smith spoke of a recent meeting he attended with Funding Partners and stated the
Metropolitan Planning Organization met to discuss policies to be used in reevaluating the regional
plan.
Resolution 97-89 Adopting City
Council's 1997-99 Policy Agenda, Adopted,
The following is staffs memorandum on this item.
"Executive .Sunrmary
Every two years, the City Council adopts a Policy Agenda which outlines the policy initiatives it
wishes to undertake in the hvo year Council term. The proposed Policy Agenda themes have been
465
June 17, 1997
developed through discussions with City Council at the April 19 retreat and the April 29 and May
27 Study Sessions.
The 1997-99 Policy Agenda includes six major theme areas which outline the areas in which
Council would like to focus its policy work during the coming two years (see Exhibit A attached).
The narrative themes are supported by a number of "Outcomes" that City Council would like to
have accomplished during the Apo -year policy period. These outcomes are intended to describe the
progress which the City will make on the six theme areas in the next two years. They are stated as
broad, attainable goals for staff to use in developing its work plans.
Staff is in the process of completing its work plan to accomplish these outcomes. The work plan will
describe specific projects which staff will either begin or continue in order to fulfill the Council's
goals. These projects will he listed in a format which staff can then easily track and provide Council
with updates throughout the year.
After the Policy Agenda has been adopted by Council, staff will work with the new Communications
and Community Involvement Coordinator to devise ways to share these goals with the community. "
Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Resolution
97-89 and attached Exhibit "A" including suggested changes in Councilmember Mason's memo and
the suggestion to add the following language from Councilmember Kneeland: "The City will develop
ways including a new Human Rights Ordinance to make Fort Collins a more inclusive and
welcoming communityfor all people. "
Councilmember Bertschy thanked staff for all its work on the policy agenda.
The vote on Councilmember Warmer's motion as amended was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 97-90
Forwarding a Recommendation to the Larimer County
Commissioners Regarding the Adoption of the
Larimer County Draft Master Plan. Adopted as Amended.
The following is staffs memorandum on this item.
"Executive Summary
The Larimer CountyMaster Plan is a policy document that establishes a long-range framework for
decision making for the unincorporated area of the County. It includes criteria for development
decisions, decisions oil public services and capital facilities and decisions oil environmental
• We
.June 17. 1997
resources protection through its Guiding Principles and bnplementing Strategies. The Master Plan
applies to all Larimer County land located outside city and town boundaries, except for the Estes
Valley which is part of a separate County/Town planning process. The purpose of the resolution
is to convey City Council comments and concerns to the County Commissioners.
BACKGROUND:
The Larimer County Master Plan is a policy document that establishes a long-range framework for
decision making for the unincorporated area of the County. The Master Plan contains principles
and policies for growth management, land use, public facilities and services, transportation,
environmental resources and hazards, and implementation. The Master Plan applies to all Larimer
County land located outside city and town boundaries, except for the Estes Valley which is part of
a separate Coututy/Town planning process.
The Master Plan outlines a Growth Management system with four components:
• Consistency: The Land Use Code and other implementation documents will be
consistent with the Master Plan. In the past, County plans and regulations have not
often been "in sync. " The Master Plan includes strategies to be included in the new
Land Use Code to implement Plan Principles.
• Concurrency: An Adequate Public Facilities regulation will be developed to ensure
that facilities and services are available to new development, without compromising
existing service levels and burdening existing residents with the costs of growth.
• Cooperation: J tergovernmental Agreements with cities and towns will provide the
framework for fudure urban land use. The Plan provides a hierarchy of the
City/County planning areas to facilitate a regional approach to planning through
agreements with the municipalities of the County.
• Compatibility: New development will be compatible with natural systems and
existing uses through environmental review and performance standards incorporated
into the development review process.
The draft document contains many statements which appear to be consistent with City Plan
including that new development within the Growth Management Areas (formerly known as Urban
Growth Area) will conform to City Plan; the County will establish Cooperative Planning Areas and
Community Inj7uence Areas adjacent to Growth Management Areas; new runral development will
he clustered; new development will be coordinated to ensure a "level playing field" for development
inside and outside the Growth Management Areas, including development impact fees, infrastructure
standards and design criteria; and new development will be approved only when adequate public
facilities and services are available.
467
.huue 17. 1997
A new Land Use Code will be adopted which uses performance standards, design criteria, required
levels of service and similar tools, as well as several incentive -driven alternative development
patterns, to produce new development to achieve Plan goals. The new Land Use Code will not
change gross densities of development established by the current zoning map. Implementation will
also require amending the intergovernmental agreement between the City and County.
On June 16, the Council Growth Management Committee will be reviewing the document and will
provide comments to the entire City Council. The Planning and Zoning Board will hold a Study
Session on the docuument on June 13. Resohition 97-90 is not included in the agenda materials and
will be provided in Council's "read before" packet on Tuesday, June 17, after the Growth
Management Committee has reviewed it. The City's Transportation Board and Natural Resources
Advisory Board are also holding study sessions. Comments from the Natural Resources Advisory
Board are included. Transportation Board input will be provided under separate cover. Citystaff
is in the process of reviewing the draft document and will send its comments directly to the County
staff prior to the July 7 comment deadline. "
City Planner Pete Wray gave a brief presentation on this item.
Councilmember Wanner spoke of the need to move forward and anticipated the proposed interim
Intergovernmental Agreement on the Urban Growth Area would be forthcoming. He congratulated
the County for its efforts.
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution
97-90.
Lou Stitzel, 521 E. Laurel, encouraged intergovernmental cooperative efforts and thanked Council
for its work.
John Meleski, 2619 Featherstar Way, spoke of concerns regarding standards.
Councilmember Mason suggested attaching a memo from City Manager John Fischbach as well as
comments from the Natural Resources Advisory Board with the Resolution to Latimer County.
The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
10am1:2,VACall Itelatey'160RIO�]
Em
June 17. 1997
Resolution 97-91
Authorizing an Intergovernmental Agreement Among the
City of Fort Collins, Larimer County and the Downtown
Development Authority Relating to the Construction and
Operation of a New 700-900 Parking Structure to Be Located
at the Southeast Corner of LaPorte Avenue and Mason Street. Adopted as Amended.
The following is staffs memorandum on this item.
"Financial Impact
This intergovernmental agreement outlines specifically the financial implications to the City
relating to a three-way partnership for the construction and operation of a new 700-900 space
parking structure. It is important to note that implementation of this agreement is contingent on the
passage of the Larimer County Justice Center ballot measure in November 1997.
The City's financial commitment related to this agreement would entail annual payments of
$'300, 000 for 20 years. The payments would help fund capital construction and 50% of related net
annual operation and maintenance costs with Larimer County. Additionally, in 2006 when the
Downtown Development Authority snmsets, the City and County will equally share the DDA annual
commitment of S300, 000 through 2016. The City's financial obligations would be subject to amoral
appropriations. It is expected that additional tax revenues that the City will receive with the
expiration of the DDA will exceed these costs on an annual basis.
Executive Summary
Over the past five months City staff has been meeting with representatives from Larimer County and
the Downtown Development Authority (DDA) to discuss opportunities to construct and operate a
new parking structure in the downtown area. The treed for such a parking structure is clearly
delineated in both the Civic Center Master Plan and the Downtown Parking Plan.
Early in the discussions Citystaff outlined three priority items for city participation in this project.
They are as follows:
Demonstrate a strong f nancial commitment for the County's Justice Center proposal
and ensure consistency with the City's Civic Center Master Plan;
Enhance opporninities for fnnrther development of the downtown area and directly
support existing businesses with new additional parking capacity; and
Support various potential City projects, including, a new office building, farmers'
market at the old depot station, and a new mullimodal center connecting the Mason
Street corridor.
June 17. 1997
This IGA would set the framework for achieving each of these priority items.
Parking Structure Details:
It is anticipated that the parking structure would not exceed 900 spaces and would cost
approximately $9,900,000. The existing LaPorte/America Parking Lot (located at the southeast
corner of Mason Street and LaPorte Avenue) was chosen as the preferred site due to anticipated
fulure development activity and ifs proximity to downtown businesses. Although it has not yet been
designed, the parking structure will have a retail component located ill the grornrd floor.
Additionally, the option to locate a fidure transit center at this site may he preserved; however,
additional costs have not beery folded into this project. It is expected that these additional costs will
be borne solely by the City and related granting agencies.
Financing the Parking Structure:
See above section entitled Financial Impact.
Construction Ownership and Operation andMainlenance:
This IGA world clearly outline the relationship among the City, County and the DDA with regard
to the construction, ownership and operations and maintenance (O/M) of a new parking structure.
It is expected that the City would lease the LaPorte/America lot to a newly created not for profit
corporation which would then construct the parking structure. This corporation world then enter
into a lease purchase agreement with the parties for the parking structure. When the lease purchase
payments have been completed (20 years), ownership of the parking structure will be transferred
to the City.
It is expected that the City will operate and maintain the parking structure. Additionally, the City
will collect fees and charges. Fees and charges will be applied to the O/M costs incurred by the
City; however, they are not expected to cover the entire costs related to O/M. As outlined in this
IGA, the City and County would agree to share equally the remaining balance of annual OIM costs.
The City's share of annual O/M costs is estimated at $126, 000 per year."
City Manager John Fischbach gave a brief explanation of this item and on the location of the project.
He stated the agreement outlines the City's financial obligation in the three-way partnership with the
Downtown Business Association and Larimer County. He noted if the Larimer County ballot issues
do not pass, this item would have to be presented to Council for reconsideration.
Councilmember Mason spoke of operating and maintenance costs and of potential staffing for the
structure.
City Manager John Fischbach stated there would not be a formal agreement on the specific number
of spaces to be used by the City or County. He responded to Council questions and reported the City
would own, operate and maintain the facility.
MCI
.hme 17. 1997
Councilmember Bertschy made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 97-91 with the additional language, which was included in Council's "Read Before the
Meeting" folder, to read in the NOW THEREFORE paragraph as follows: "provided, however, that
all subsequent agreements to be executed by the City in furtherance of said intergovernmental
agreement, as well as the appropriation: of all necessaryfunds for such purpose, shall be subject to
review and approval by the City Council. "
Lou Stitzel, 521 E. Laurel, supported the motion.
Linda Hopkins, Consultant who is currently working with Larimer County on tax issues and
development proposals, conveyed the County Commissioners appreciation for Council's efforts.
Chip Steiner, Executive Director of the Downtown Development Authority, thanked Council for its
work on this issue and spoke of the overall importance this issue is for the central business district
as well as the entire City.
Rick Goodale, speaking on behalf of the Downtown Development Authority, urged Council to adopt
the motion and thanked Council and staff for their cooperation.
Councilmember Bertschy spoke of the need for parking in the downtown area, not only for
businesses but for employees of those business and stated if the Justice Center issue does not pass,
the need for additional parking still exists.
Councilmember Wanner concurred with comments made by Councilmember Bertschy and spoke
of the need for downtown parking and the possible terminus for the multi -modal corridor.
Councilmember Byrne spoke of Council's commitment to the success of the downtown area.
The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
11i IphE41M[OR E • '
Ordinance No. 83, 1997,
Amending Section 5-27(42) of the City Code
Regarding Foundation Ventilation. Adopted on Second Reading,
The following is staff's memorandum on this item.
"Executive Summanx
When Ordinance No. 153, 1995 was adopted, it amended Section 5-27(42) of the Code containing
certain provisions regarding foundation ventilation. Ordinance No. 83, 1997, which was
471
June 17, 1997
unanimously adopted on First Reading on Jame 3, 1997, does not substantively change the Code
but clarifies the scope of the foundation ventilation provisions. "
Director of Building and Zoning Felix Lee noted this item was a housekeeping issue and not a
change to the Building Code.
John Meleski, 2619 Featherstar Way, urged Council to postpone consideration until the Building
Review Board has been allowed to review it.
Councilmember Kneeland stated the Ordinance is a housekeeping change that was discovered before
it was sent to Colorado Code Publishing for codification and emphasized it was only a formatting
problem.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 83, 1997 on Second Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason and
Smith. Nays: Councilmember Wanner.
Q'17�riL�II[�Ti►[ . • �
Items Relating to the Design and Construction of
Intersection Improvements and Traffic Signal Reconstruction
at Riverside Avenue (State Highway 14) and Mulberry Street Intersection, Adopted.
The following is stafr's memorandum on this item.
"Financial Impact
The estimated total cost of the design and construction of intersection improvements and traffic
signal reconstruction at the intersection of Riverside Avenue (State Highway 14) and Mulberry
Street is 5142, 000. The total amount of federal finds for the project will be S140, 000 and City finnds
for the project will total $2, 000. This item appropriates $140, 000 in Federal Surface Transportation
Program ("STW') funds made available by the Colorado Department of Transportations ("CDOT ),
and authorizes the transfer of $2, 000 in operation and maintenance dollars in the Transportation
Services Fund to provide the local matching finds.
.Executive Sumnusry
A. Resolution 97-86 Authorizing the Mayor to Enter into an Intergovernmental Agreement with
the Colorado Department of Transportation for the Allocation of 5140,000 of Surface
Transportation Program Funds for the Design and Construction of Intersection
Improvements and Traffic Signal Reconstruction at the Intersection of Riverside Avenue
(State Highway 14) and Mulberry Street.
472
Jute 17. 1997
B. First Reading of Ordinance No. 95, 1997, Appropriating Unanticipated Revenue in the
Transportation Services Fund and Authorizing the Transfer of Appropriations for the Design
and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street
Intersection.
This Resolution authorizes the approval of all Intergovernmental Agreement with the CDOT
allocating $140, 000 of Federal STM finds and $2, 000 local agency noln participating fiends for
design and construction for intersection improvements and traffic signal reconstruction at the
intersection of Riverside Avemre (State Highway 14) and Mulberry Street. The finds will he used
for engineering, roaa5vay improvements, material procurement, and reconstruction of the traffic
signal.
BACKGROUND:
In 1996, the Colorado Department of Transportation and the City of Fort Collins reviewed various
intersection operations along the State Highway System to determine any hazardous locations. The
intersection of Mulberry and Riverside Avenue had twenty-three accidents during 1996 and had all
accident rate of 1.58 accidents per million vehicles entering the intersection. A copy of the 1996
accident diagram is attached for Council's review.
It was determined that a project could be implemented that may reduce the number of accidents
occurring at this intersection. The first action would be to rebuild the traffic signal. Visibility would
be improved by placing the signal poles outside the intersection, and replacing the signal heads
with standard 12 inch lamps. The second action would involve closing the one curb cud on the
southwest corner of the intersection (the Total gas station), and reproving parking along the west
side of the northwest corner to improve geometries of the intersection.
Through the North Front Range Transportation and Air Quality Planning Council, Federal funds
have been obtained to complete this project. "
Councilmember Bertschy stated this may be an opportunity to make aesthetic improvements (as a
Gateway to the City) at the same time traffic improvements are being made, as well as a time to
consider truck traffic and traffic taming possibilities on East Mulberry Street.
Mayor Pro Tem Smith spoke of the severe surface condition of Highway 14 and of the need to
improve pedestrian access in the area.
Traffic Engineer Eric Bracke responded to Council questions and clarified the project is a City
project.
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, adopt Resolution
97-86. Yeas: Councilmembers Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None.
473
June 17, 1997
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 95, 1997 on First Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith
and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Wanner reported the Water Utilities Board has formally requested Council change
its policy regarding the composition of the Board.
The meeting adjourned at 7:55 p.m.
ATTEST:
Adjournment
474