HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/02/2004 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
March 2, 2004
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised
during Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 26. 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 will be considered separately under Agenda Item #34, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
City of Fort Collins
PAGE 2
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of a January 6 and January 20
2004.
8. Second Readine of Ordinance No 026 2004 Appropriating Unanticipated Revenue in the
Capital Projects Fund - Timberline Road Improvements Project to be used for the
Engmeerine Design of Timberline Road from Prospect Road to Drake Road
Traffic congestion at the Timberline/Prospect intersection is well below the City's Level of
Service requirements, with almost all legs and turn movements failing during the morning
and evening peak rush hours. In accordance with the Adequate Public Facilities Ordinance,
any new development which impacts this intersection cannot proceed until these existing
deficiencies are corrected.
In the absence of any capital improvement funding for this intersection, two developers are
electing to privately fund these improvements in order to proceed with their development
projects. These two developers, owners of the bulk of the impacted property,are proposing
the initiation of a special improvement district(SID)which will assess a portion of the costs
of the improvements to the other owners of undeveloped property in the area that will benefit
by the improvements.
The two initiating developers have contributed$100,000 so the City can prepare the plans,
an estimate of costs, and maps of the district needed to complete the engineering design
without cost to the City. This Ordinance,which was adopted 6-0(Mayor Pro Tern Bertschy
was absent)on First Reading on February 17,2004, appropriates funds into a capital project
account for the selection of a consulting engineering firm to provide the design plans and
documents needed for the creation of the SID and the construction of the project.
9. Second Readine of Ordinance No.027 2004 Appropriating Prior Year Reserves Desi ated
for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer
to the Capital Projects Fund - Southwest Community Park Capital Project to Be Used for
Park Design Costs.
In 1996,Council adopted the Parks and Recreation Policy Plan which gives direction for the
development of community parks. The community park standard is one park per 20,000
population. The city's population in 2007,when the Park is scheduled to open,is estimated
to be about 140,000. The development of Southwest Community Park is necessary to serve
the growing community and to meet parkland standards. This Ordinance,which was adopted
6-0 (Mayor Pro Tem Bertschy was absent) on First Reading on February 17, 2004,
appropriates prior year reserves for park design costs.
City of Fort Collins ® P F bd an noycpa pypn
PAGE
10. Second Reading of Ordinance No 028 2004 Appropriating Unanticipated Revenue in the
Caul Projects Fund - Community Horticulture Center Capital Project to be used as
Reimbursement for Project Expenditures Incurred
The City designed and constructed storm water improvements, in connection with the
development of the Horticulture Center project,which were oversized to accommodate both
the historic and developed stormwater flows from Colorado State University Research
Foundation(CSURF) property onto and across the City property. A cost sharing agreement
was entered into by CSURF and the City whereby the City would finance and construct all
of said drainage improvements. CSURF agreed to reimburse the City for oversizing the
drainage channel to accept its developed flows once Phase 1 of the construction project was
completed. Ordinance No. 028, 2004 was adopted 6-0 (Mayor Pro Tem Bertschy was
absent) on First Reading on February 17, 2004.
11. Second Readine of Ordinance No 029 2004 Amending Chapter 20 Article III of the City
Code Concerning the Prohibition of Indoor Furniture in Certain Outdoor Locations
This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First
Reading on February 17, 2004,revises Sections 20-41 and 20-42.5 of the City Code. These
changes modify the existing ban on using or keeping indoor furniture in certain outdoor
locations, so as to make it a violation to keep such furniture in any yard or on any porch
where the furniture is visible to the public or visible from the ground level of adjacent
property.
12. Second Reading of Ordinance No 030 2004 Amending Chapter 20 Article VII of the City
Code Concerning the Parking of Motor Vehicles in Yards
This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First
Reading on February 17, 2004, amends Article VII of Chapter 20 of the City Code to:
redefine "yards"; expand the prohibition against parking on lawns to all yards of all
residential properties; make allowances for unimproved driveways that access a garage;
clarify the term "permanent border"; limit to front yards only the "40 percent rule" for
improving parking areas;allow for the issuance of citations to the owners of illegally parked
cars,as well as to the owners of the properties on which the cars are parked; and allow Code
enforcement officers the right of entry onto private property to issue citations.
13. Second Reading of Ordinance No 031 2004 Amending Sections 227(3)and(4)of the Fort
Collins Traffic Code Relating to Tinted Windshields
Originally, the Fort Collins Traffic Code allowed only a certain level of window tinting for
all vehicles, including law enforcement vehicles. Staff requested Council amend the Fort
Collins Traffic Code to exempt law enforcement vehicles from the window tinting
restrictions. This Ordinance was adopted 6-0(Mayor Pro Tem Bertschy was absent)on First
Reading on February 17, 2004.
City of Fort Collins 40 y Wo...... bd ycyn
PAGE
14. Items Relating to Amending the Fort Collins Traffic Code and City Code Regarding Muffler
Noise.
A. Second Reading of Ordinance No. 032, 2004, Amending the Fort Collins Traffic
Code Relating to Muffler Noise and to More Narrowly Define Prohibited Exhaust
Systems.
B. Second Reading of Ordinance No. 033, 2004, Amending Section 20-22 of the City
Code Relating to Unreasonable Noise.
After discussion and review of ordinances around the country, the committee made
recommendations for changes to the Fort Collins Traffic Code and the Code of the City of
Fort Collins in an effort to reduce the problems with muffler noise and to more narrowly
define prohibited exhaust systems. These amendments will become effective upon the state
highways within the City limits upon approval by CDOT,pursuant to C.R.S. Section 43-2-
135(g). Ordinance No. 032, 2004 and Ordinance No. 033, 2004, were both adopted 6-0
(Mayor Pro Tem Bertschy was absent) on First Reading on February 17, 2004.
15. Second Reading of Ordinance No.035,2004 Authorizing the Conveyance of a Conservation
Easement on a Portion of Running Deer Natural Area Authorizing an Access Easement on
a Portion of Running Deer Natural Area Adiacent to the Conservation Easement Area and
Appropriating Revenues into the City's Natural Areas Fund
This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First
Reading on February 17, 2004, authorizes the execution of a conservation easement on a
portion of Running Deer Natural Area on which Great Outdoors Colorado (GOCO) has
awarded the City a grant to reimburse the City for a portion of the cost of acquiring the
property.
16. Iteems Relating to the Homestead Annexation and Zoning.
A. Second Reading of Ordinance No. 036, 2004, Annexing Property Known as
Homestead Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No.037,2004,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Homestead Annexation.
Ordinance No. 036,2004 and Ordinance No.037,2004,were both adopted 6-0 (Mayor Pro
Tem Bertschy as absent) on First Reading on February 17, 2004, annexing and zoning
approximately 25.151 acres of publicly and privately owned property. This annexation
includes the development approved in the County as the "Homestead P.U.D. 2nd Filing
P.L.D.&P.D.",a 1271 foot long portion of the Ziegler Road right-of-way,and a the adjacent
street rights-of-way along Cornerstone Drive and Hearthstone Drive. The recommended
City of Fort Collins ® ^^mod^ ^_ ^=w•
PAGES
zoning is the UE —Urban Estate zone district. The property is located within the Fossil
Creek Reservoir Area Plan.
17. Second Reading of Ordinance No.038,2004 Expanding the Boundaries of the Fort Collins
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First
Reading on February 17, 2004, expands the boundaries of the Downtown Development
Authority(DDA)District to include the Historic Webster House property.
18. Items Relating to Advanced Traffic Management System
A. Resolution 2004-030 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation Regarding the
Installation of Fiber Optic Communication, Wireless Communication and the
Purchase of Associated Equipment of the Advanced Traffic Management System.
B. First Reading of Ordinance No. 040, 2004, Appropriating Unanticipated Grant
Revenue in the Capital Projects Fund-Traffic Signal Timing System Project to Be
Used for the Installation of Fiber Optic and Wireless Communications and the
Purchase of Additional Equipment for the Advanced Traffic Management System.
The City of Fort Collins has been awarded a Federal Congestion Mitigation and Air Quality
Grant in the amount of$1,083,000.
The grant has been specified for use on completing the fiber optic communication system and
installing wireless communication. Fiber optic lines will be installed along the Taft Road
Corridor, Timberline Corridor, North College Corridor, and the far south US287 Corridor.
Wireless communication will be used in the downtown area. Equipment such as cabinets,
controllers, and associated electronics will also be purchased with this grant.
During the system analysis phase of the ATMS project, a decision was made to use fiber
optics as the principle mode of communication between the on-street controllers and the
master traffic signal system.Fiber optics is the most reliable form of communication medium
in today's market. Wireless technology has also proven itself to be reliable. Phase I of the
ATMS has installed fiber optic communication along the South College Corridor,Harmony
Road, Shields Street,East Mulberry, West Drake, and Lemay Avenue.
City of Fort Collins
PAGE
19. First Reading of Ordinance No 041 2004 Amending Section 24-95 of the City Code to
Clarify The Language That Assigns Responsibility for Constructing Streets to Adjacent
Property Owners at the Time of Development or Redevelopment
It is proposed that the City Code be revised to clarify language in Section 24-95(a). The
change is to remove a confusing phrase referencing"undeveloped property"at the beginning
of the first sentence which does not match the reference to redevelopment at the end of the
same sentence. The clarification will make it clearer that property owners have the
responsibility to improve streets adjoining their property at the time they develop or
redevelop their property. This,in turn,clarifies that the City may recover costs under Section
24-95(c) that are incurred by the City with City-constructed capital project improvements
from the adjacent property owners at the time of their development or redevelopment.
20. Items Relating to Harmony Farm Second Annexation
A. Resolution 2004-031 Setting Forth Findings of Fact and Determinations Regarding
the Harmony Farms Second Annexation.
B. First Reading of Ordinance No. 042, 2004, Annexing Property Known as the
Harmony Farms Second Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No.043,2004,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Harmony Farms Second Annexation to the City of Fort Collins, Colorado.
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the
existing city limits. This annexation application complies with this standard since the
property has 100% of its total boundary contiguous to the existing City limits. This
contiguity occurs through a common boundary with the Rickettes Annexation (September
1993) on the north, the Harmony Farm Annexation on the west (July 1994), the Kendall-
Harmony Annexation(6/2000)on the south,and the Johnson-Harmony Annexation(1/2000)
on the east.
21. First Reading of Ordinance No. 044, 2004 Designating the Aaron Kitchel House 601 West
Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code
The owner of the property, Sue Walker, is initiating this request for Fort Collins Landmark
designation for the Aaron Kitchel House, 601 West Mountain Avenue. The home is
significant for it architectural importance, being a good example of vernacular masonry
Queen Anne architecture in Fort Collins; and is significant for its historical importance due
to its association with Aaron Kitchel, Civil War veteran, pioneer farmer of Larimer county
and former County Commissioner. The garage does not contribute to the historic and
architectural character of the Property and is not being designated.
City of Fort Collins ® V aM1d ann ycNJop.•
PAGE
22. Resolution 2004-032 Authorizing the Airoort Manager to Execute a Lease Agreement at the
Fort Collins-Loveland Municipal Airport with Zane and Rosalie Iverson DBA the Peaks
Caf6.
The Peaks Cafe wishes to lease 244 square feet of space in the airport terminal building to
provide food services to the general public. Primary customers will be passengers flying into
and out of the airport on Allegiant Air. The Agreement is for an initial one-year period with
a one-year extension. The lease rate is fixed for the first year at $3,360 payable in twelve
monthly installments of$280. The lease rate will be renegotiated prior to the start of second
year. The lease rate is commensurate with terminal building rental rates established for other
tenants. The Agreement will provide a new revenue source for the Airport and provide a
valuable service to the public. The Peaks Caf6 is an established Loveland business and will
operate this facility in conjunction with its existing location.
23. Resolution 2004-033 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Prospect East 4th Annexation.
This in an involuntary annexation. The area to be annexed is the entirety of an enclave that
has been surrounded by the City of Fort Collins for more than three years; therefore, no
annexation petition is required for this annexation.
In accordance with CRS 31-12-106Annexation of Enclaves,Partially Surrounded Land,and
Municipally Owned Land, when any unincorporated area is entirely contained within the
boundaries of a municipality,the governing body may by ordinance annex such territory to
the municipality.
24. Resolution 2004-034 Stating City Council's Recommendations Regarding "Toll Roads" to
the Colorado Tolling Enterprise.
The Colorado General Assembly created the Colorado Tolling Enterprise (CTE) in 2002,
within the Department of Transportation(CDOT),specifically for the purpose of identifying
potential future toll corridors throughout the State and to study the feasibility of
implementing toll roads. The CTE is examining tolls only on new roads and new capacity
(lanes)on existing highways. The CTE has identified several corridors in Northern Colorado
for further study as potential toll roads or additional toll lanes, including I-25 and US-287.
The CTE Board has requested written public comment regarding this study.
Transportation staff recommends that the City of Fort Collins not support further exploration
of tolling mechanisms along the I-25 Corridor in Northern Colorado due to concerns about
usage,cost recovery,and potential precedent for future tolling of existing facilities.The CTE
should instead focus its attention,effort and resources on the proposed new toll road,railroad
and utility corridor in a new alignment on the eastern plains from north of Fort Collins to
south of Pueblo.
City of Fort Collins ® AiMdon �oycMU papa
PAGE 8
25. Resolution 2004-035 Nominating Ron Phillips as a Candidate to the Executive Board of the
Colorado Municipal League.
This Resolution formally nominates Ron Phillips as a candidate to the Colorado Municipal
League Executive Board. Ron is an active participant and continues to represent the City
well as a member of the Colorado Municipal League Executive Board.
26. Resolution 2004-036 Making Appointments to the Cultural Resources Board and the Zoning
Board of Appeals.
A vacancy currently exists on the Cultural Resources Board due to the expiration of term of
Jennifer Beccard. Applications were solicited and Councilmembers Weitkunat and Kastein
interviewed the applicants. The Council interview team is recommending Sue Beck-Ferkiss
with a term to begin immediately and set forth to expire on December 31, 2007.
A vacancy currently exists on the Zoning Board of Appeals due to the resignation of David
Lingle. Applications were solicited and interviews were conducted. Councilmembers
Weitkunat and Kastein are recommending Dana McBride to fill said vacancy with a term to
begin immediately and set to expire on December 31, 2005.
***END CONSENT***
27. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
28. Staff Reports.
Status Report on Council Requests.
29. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
30. Resolution 2004-037 Reaffirming Certain Principles with Regard to Human Rights and Civil
Liberties and Giving Direction to the Human Relations Commission (45 minutes)
At several Council meetings during the latter part of 2003 and early 2004, community
members and Mr. Ken Gordon, Chair of the Human Relations Commission expressed their
belief that action is needed to clarify the circumstances under which inquiries about an
individual's immigration status should be made by City personnel.
City of Fort Collins ® Im pd minryeMd yapm
PAGE 9
On January 27,2004 the City Council discussed with representatives of the Human Relations
Commission the follow-up actions that Council would do and Council's direction and
expectations of the work that Human Relations Commission would do as a result of the
January study session.
31. First Reading of Ordinance No. 045,2004, Amending Chanter 26, Article III,Division 4 of
the City Code Relating to User Rates and Charges for Water. (45 minutes)
The current water rate for single family and duplex customers is the 5-tiered rate
implemented in January 2003 during the drought. The rate sent a very strong price signal to
customers to conserve water since the more a customer used, the higher the cost per gallon.
Since it was implemented customers have had many concerns about the high price per gallon
in the upper tiers. In response to these concerns Council reviewed alternative rate structures
at its December 9, 2003 study session. Rate options considered included modifications to
the tiered rate and the water budget rate.
Council continued to address water rate options at the February 3,2004 Council meeting and
after lengthy discussion adopted Resolution 2004-018. It directed the City Manager to
prepare a modified tiered water rate ordinance for single family and duplex customers for
consideration on March 2,2004. The Resolution further directed that the new rate ordinance
retain the current fixed charge and first tier price and that it eliminate the fifth tier pricing
level.
32. Resolution 2004-038 Adopting the Transportation Master Plan 2004 as an Element of the
City's Comprehensive Plan and Amending the Master Street Plan. (1 hour)
The Transportation Master Plan 2004(TMP)updates the City's 1997 transportation master
plan. This is acomprehensive update to transportation-related goals,principles,and policies;
analysis of current and forecast system performance;development of a transportation-specific
Capital Improvement Project (CIP) needs list and fiscally constrained CIP list; and
recommended amendments to the City's Master Street Plan. This eighteen month effort was
conducted in collaboration with the ongoing City Plan comprehensive land use plan update
to ensure consistency and sensitivity to the linked relationships between land use,
transportation,and air quality. The TMP received input from Council,City advisory boards,
key stakeholders, and the public throughout the plan's development.
33. First Reading of Ordinance No. 046, 2004, Amending Section 25-123(c) of the City Code
Relatiniz to Compensation of Vendors for Collecting and Remitting Sales Tax. (30 minutes)
Resolution 2004-006 was adopted by City Council in January directing the City Manager to
proceed with public outreach regarding a change to the vendors'fee. The City Manager was
further directed to present a recommendation to Council no later than the first meeting in
March.
City of Fort Collins ®Pmbd yn nrydydypu
PAGE 10
The vendors'fee was last changed in 1989 in response to the need for additional funding for
the Choices 95 Capital Improvement Program. Prior to that time, vendors were allowed to
retain 3.0%of all sales tax they collected. The 1989 change limited vendors to 3.0% of the
first$3,000 in tax they collected plus 1.0% of all taxes thereafter. There was no dollar cap
on the total amount vendors could retain.
Since 1989,the national-wide and state-wide trend has been to reduce the amount of tax that
vendors are allowed to retain. Many studies have shown that there are diminishing costs to
vendors who collect large amounts of sales tax.Computerized systems have greatly reduced
the cost of tax collections.
As the City's tax rate has grown from 1.0% in 1972 to the current rate of 3.0% , so has the
total amount of tax revenue that vendors have retained. In 1972, the amount of annual tax
revenue retained by vendors in the City was only about$34,000. In 2003, vendors retained
just over$1 million.
34. Pulled Consent Items.
35. Other Business.
36. Adjournment.
City of Fort Collins ® Mmpd on nryclad yaym