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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2003 - APPROVAL OF THE COUNCIL MEETING MINUTES OF AUGUST AGENDA ITEM SUMMARY ITEM NUMBER: 7 FORT COLLINS CITY COUNCIL DATE: October 7, 2003FROM: Wanda Krajicek SUBJECT : Consideration and adoption of the Council meeting minutes of August 19, 2003. RECOMMENDATION: EXECUTIVE SUMMARY: August 19, 2003 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,August 19, 2003, 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: Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Councilmembers Absent: Bertschy. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Deb Calasse,729 Kimball Road,spoke regarding her bicycle accident and spoke in favor ofa bicycle helmet law. Andrew Manriquez, 628 East Elizabeth, expressed concerns regarding the tiered rate structure for water and the fact that citizens may no longer be able to water street trees near their homes. Sandy Newman,retired owner of a one-third to one-half acre lot, expressed concerns that the tiered water pricing structure makes it difficult to afford to water lawns adequately. Kelly Ohlson,2040 Bennington Circle, spoke in support of the tiered water rate structure and water conservation. Citizen Participation Follow-up Councilmember Roy spoke regarding the tiered water rates as a tool for water conservation. He thanked those who spoke regarding the issue and stated there will be opportunities for a continuing dialogue on water rates. Councilmember Weitkunat stated tiered water pricing is a new concept and that Council needs to be vigilant regarding the consequences of implementation to older established lots. She encouraged citizens to continue to come forward with anecdotal information. Councilmember Kastein stated he was opposed to tiered water pricing. He stated the end goal was not to charge larger water users but to target the waste of water. He stated without water budgeting that tiered pricing made no sense. He stated he believed that people were being charged way too 35 August 19, 2003 much. He stated the Council had requested information be placed in the utility bills regarding the tiered water rates. He stated he believed that the system was flawed until water budgeting was put into place. Mayor Martinez stated he would like to see the Water Board look at the water rate and water restriction issues again. He suggested that if water restrictions were no longer needed, the higher prices should no longer be needed. He spoke regarding the impact of the water rate structure on senior citizens with fixed incomes. Agenda Review City Manager Fischbach stated there would be an Other Business item at the beginning of the discussion agenda relating to a Resolution pertaining to the W est Nile virus public health emergency, that item #14 Second Reading of Ordinance No. 102, 2003, Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 2003 Larimer County Coordinated Election would be pulled from the Consent Calendar for separate discussion, that there were minor changes to item #36 Items Relating to Street Names for New Arterial and Collector Streets, and that there would be a resolution under Other Business at the end of the meeting relating to an ethics question. Councilmember Roy stated he was interested in a discussion of item #14 Second Reading of Ordinance No. 102, 2003, Calling a Special Municipal Election to Be Held in Conjunction with the November 4,2003 Larimer County Coordinated Election and that he would support pulling that item from the Consent Calendar. CONSENT CALENDAR 7. Consideration and approval of the Council meeting minutes of an adjourned meetingof f July 8, 2003. 8. Postponement of Items Relating to the Peterson Annexation until October 7 2003 A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson Annexation to the City of Fort Collins, to October 7, 2003, B. Postponement of Second Reading of Ordinance No.052,2003,AmendingtheZoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Peterson Annexation, to October 7, 2003. On April I, 2003, Council unanimously adopted Resolution 2003-041, amending the Structure Plan for the property known as the Peterson Annexation, and Council also 36 August 19, 2003 unanimously adopted Resolution 2003-042,setting forth findings of fact and determinations regarding the Peterson Annexation. This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a half mile east of 1-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 051, 2003 and Ordinance No. 052, 2003, annexing and zoning the property included in the Peterson Annexation. Because there have been further delays in the final approval of this project,staff recommends postponing Second Reading of these Ordinances to October 7, 2003. 9. Postponement of Items Relating to the Streamside Annexation until October 7 2003 A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins,to October 7,2003. B. Postponement of Second Reading of OrdinanceNo.054,2003,Amending theZoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation, to October 7, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the Structure Plan for the property known as the Streamside Annexation, and Council also unanimously adopted Resolution 2003-044,setting forth findings of fact and determinations regarding the Streamside Annexation. This is a request for a 100%voluntary annexation of approximately 73.67 acres,located just over half a mile east of I-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 053, 2003 and Ordinance No. 054, 2003, annexing and zoning the property included in the Streamside Annexation. Because there have been further delays in the final approval of this project,staff recommends postponing Second Reading of these Ordinances to October 7, 2003. 10. Postponement of Second Reading of Ordinance No. 098 2003 Authorizing the Transfer of a 151-acre Portion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program in Exchange for a Total Payment Amount of$1 890 306 Indefinitely In 2000,the City of Fort Collins Natural Areas program purchased 174 acres of the Resource Recovery("RR") Farm along with 3.6 shares of the Lake Canal water for the Running Deer Natural Area. In discussion at the City Council study session regarding the draft 1-25 Corridor Plan on August 27, 2002, there was general support for the City's Natural Areas program to purchase the 151-acre portion of the RR Farm from Utilities. This 151-acre transfer to the Natural Areas program would include the 2.4 shares of Lake Canal water 37 August 19, 2003 associated with this portion of the RR Farm. This Ordinance, which was unanimously adopted on First Reading on July 1,2003, authorizes the transfer of a 151-acre portion of the RR Farm from the Wastewater Utility to the Natural Areas Program. Staff is requesting the Ordinance be postponed indefinitely to allow additional staff work. 11. Second Reading of Ordinance No. 099, 2003, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. This Ordinance, which was unanimously adopted on First Reading on July 15, 2003, appropriates prior year reserves into the Police Services budget. This amount represents money awarded by the courts in 2002 and held in a General Fund restricted reserve account awaiting appropriation. 12. Second Reading of Ordinance No. I ft 2003, Designating the Giddings House 704 West Mountain Avenue, Fort Collins. Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property,Kevin Mabry and Kathlene Waller,are initiating this request for Fort Collins Landmark designation for the Giddings House. Due to the residence's excellent physical integrity, and high degree of architectural and historical significance, it may be regarded as individually eligible for landmark designation under City of Fort Collins Landmark Preservation Standards(A)-Association with events that have made a significant contribution to the broad patterns of history; (B) — Association with the lives of persons significant in our past; and© - Embodies the distinctive characteristics of a type,period, or method of construction. The property contains a historic residence, and a carriage house which was converted to a dwelling in the 1.970s. The carriage house is not a part of these designation proceedings. This Ordinance was unanimously adopted on First Reading on July 15, 2003. 13. Second Reading of Ordinance No. 101, 2003, Amending Section 1409 of the Fort Collins Traffic Code Relating to Compulsory Insurance. The Colorado General Assembly, in Senate Bill 03-239, amended the State law pertaining to compulsory insurance by repealing and reenacting in a new section. Current citations to Colorado Revised Statutes contained in the FCTC are therefore no longer correct and need to be updated consistent with the State statutes. This Ordinance was unanimously adopted on First Reading on July 15, 2003. 38 August 19, 2003 14. Second Reading of Ordinance No. 102, 2003 Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 2003 Larimer County Coordinated Election This Ordinance, which was unanimously adopted on First Reading on July 15, 2003, calls a Special Municipal Election to be held in conjunction with the November 4, 2003 Larimer County Coordinated Election,and preserves the opportunity for Council to place initiated or referred issues on the November ballot. 15. First Reading of Ordinance No 106 2003 Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund for Art in Public Places Reserve Account and Approving Expenditures from the Art in Public Places Reserve Account to Commission an Artist to Create a Front Entry Piece for the Lincoln Center. Section 23-303 of the Code, which was added in 1995, established the Art in Public Places Reserve Account,and designated it for use in acquiring or leasing works of art,maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places Program, in accordance with the Art in Public Places Guidelines adopted by Council in 1995. The Council permanently adopted the Art in Public Places Program,and reenacted City Code Chapter 23, Article 1X, with certain modifications in 1998. The Lincoln Center Support League and the ArtWear Fund are donating$31,000 to the City to be used for an art project to enhance the main entrance to the Lincoln Center. An artist was selected through the City's usual RFP process, and a subcommittee comprised of members from the Lincoln Center Support League, staff and a representative from ArtWear worked with the artist to develop the overall concept for the site. At its July 16, 2003 meeting, the Art in Public Places Board reviewed and approved the design. 16. First Reading of Ordinance No 107 2003 Appropriating Unanticipated Revenue in the General Fund for the Rehabilitation of 259 South College Avenue the Mountain Empire (Historic Armstrong) Hotel. State Historical Fund grants are available to private entities if a public entity will be the applicant for their project. Because the rehabilitation of 259 South College Avenue, currently known as the Mountain Empire (or Historic Armstrong) Hotel, will have a significant impact on the historical character and economic viability of downtown Fort Collins, the City agreed to be the applicant. The building owners will provide grant matching funds in the amount of$339,000, and will be contracting for the work from sole source vendors. The City will: (1) contract with the State to receive and administer the grant funds; (2) enter into a Historic Building Rehabilitation Agreement with the building owners in order to receive the cash match funds; 39 August 19, 2003 and (3) be responsible for the distribution of the grant and cash match funds. The grant management will be administered by the Advance Planning Department. The cost of this administration will be covered by the building owners' cash match for the grant. 17. Items Relating to Appropriating Prior Year Reserves in the Downtown Development Authority Operations and Maintenance Fund. A. First Reading of Ordinance No. 108, 2003, Appropriating Funds from City of Fort Collins, Colorado, Downtown Development Authority Debt Service Fund for Transfer to the Downtown Development Authority Operations and Maintenance Fund for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins. B. First Reading of Ordinance No. 109, 2003, Appropriating the Transfer from the Downtown Development Authority Debt Service Fund for Projects in the Downtown Development Authority Operations and Maintenance Fund, for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins and Appropriating Prior Year Reserves Designated for Capital Improvements The purpose of the Downtown Development Authority(DDA)is economic improvement of the downtown area. Funding for the projects comes from tax increment revenue and an operating mill levy. Over the past few years, the DDA has completed three debt issuances to access monies generated from tax increment. In 1999,the total bond issue was$750,000, in 2000 it was $608,000, and in 2002, it was $1,065,000. The DDA has unspent monies from each of these bond issues, $87,400 from the 1999 deal, $201,427 from 2000, and $ 819,897 from the 2002 issue which was completed in late December. At the end of 2002, unencumbered funds lapsed into the fund balance and need to be appropriated in 2003. The DDA also plans a debt issue of$1,000,000 in 2003 to assist in the financing of projects that it has made commitments to. The total amount of appropriations in the DDA Operations & Maintenance Fund is $1,850,000. 18. First Reading of Ordinance No 110 2003 Appropriating Unanticipated Revenue in the General Fund to Be Returned to the Fort Collins Housing Authority to Fund Affordable Housing Related Activities. The Fort Collins Housing Authority(the "Authority") made a payment to the City from its 2003 budget for the sum of$11,113 as a"Payment in Lieu of Taxes" ("PILOT") for public services and facilities. The Authority annually requests that the City refund the money"...to again fund sorely needed affordable housing related activities, to attend the low-income housing needs of Fort Collins residents." 40 August 19, 2003 19. First Reading of Ordinance No. 111, 2003, Authorizingthe e City to Enter into a Revocable Lease with the Cortina Homeowners' Association for Portions of Public Right-of-Way for Underground Storage. If adopted, this Ordinance would authorize the Mayor to enter into an agreement with the Cortina Homeowners' Association for a revocable lease of portions of public right-of-way to be used as underground storage for a proposed building on the southwest corner of the intersection of Canyon Avenue and Howes Street. 20. First Reading of Ordinance No, 112, 2003, Amending Article III of Chanter 17 of the City Code Pertaining to Offenses Against Property. Like the State,the City of Fort Collins has maintained laws in its Code against theft of rental property, concealment and criminal mischief. Currently, under State law, such crimes may be considered either a misdemeanor or a felony, depending upon the amount of dollar loss. Under the City Code such crimes are misdemeanors if the value of the property stolen, concealed or damaged is less than$400. These crimes under the State statutes are considered misdemeanors if the value of the property is less than $500. This Ordinance amends Sections 17-37, 17-38, 17-39 to raise the value limit of property to $500, which will be consistent with State Statutes relating to theft of rental property, concealment and criminal mischief. 21. First Reading of Ordinance No 113 2003 Amending Chapter 1 of the City Code Relating to General Provisions and Repealing Identical Sections Contained Elsewhere in the Code Under State law, the principles of complicity and corporate liability apply to all criminal offenses. The City Code applies these principles only to the offenses contained in Chapter 17 and Section 12-99(e), relating to the sale and use of tobacco products. There are other offenses under the City Code, for example, sales tax and licensing violations, environmental regulation violations, fire code and noise violations, which cannot presently be prosecuted under the principles of complicity or corporate liability. City staff recommends that the complicity and corporate liability principles be applied to all violations of the City Code to be consistent with state law and to ensure effective enforcement of all code provisions. If the Code is amended to make the complicity and corporate liability provisions applicable to all offenses under the Code,the provisions currently contained in Sections 17-4, 17-5, 17- 6, and 12-99(e) would be redundant and should be repealed. 41 August 19, 2003 22. First Reading of Ordinance No. 114, 2003, Authorizing Amendment #1 to the Long-Tenn Lease of Property at the Fort Collins-Loveland Municipal Airport with Cole Smith, DBA Signal Construction, for the Construction of an Aircraft Hangar. The Cities entered into a ground lease agreement with Cole Smith on July 17, 2001, for the construction of an aircraft storage hangar. It has been discovered that the legal description for the property built upon is incorrect. The amendment to the lease incorporates the correct legal description. 23. First Reading of Ordinance No. 115, 2003, Amending Section 2-238 of the City Code Pertaining to the Functions of the Golf Board. The purpose of this Ordinance is to amend the functions of the Golf Board, as contained in the City Code,to reflect the fact that it is the City Manager,rather than the City Council,who sets the annual fees and charges at City-owned golf courses. One of the functions of the Golf Board is to make recommendations regarding annual fees and charges at City-owned golf courses. Section 2-238(4) of the City Code states, that the Golf Board's recommendation in this regard is to be made to the City Council. However, in 1997, the City Council amended the City Code to authorize the City Manager to establish these kinds of fees. Therefore,it is appropriate to amend the functions of the Golf Board so that the Golf Board's recommendation regarding fees is forwarded to the City Managerrather than the City Council. This Ordinance would accomplish that change. 24. First Reading of Ordinance No. 116,2003,Amending the City Code Relating to Candidates for Municipal Election. This Ordinance: (1) amends the deadline for a nominated candidate for municipal election to withdraw his or her candidacy;and(2)amends the deadline for a person to file an affidavit of intent with the City Clerk indicating that such person desires to be a write-in candidate and is qualified for the office. 25. Hearing_ and First Reading of Ordinance No. 117, 2003, Amending the Zoning Ma on f the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Whitham Property Rezoning, This is a request to rezone 160.3 acres located on the south side of East Vine Drive between North Timberline Road ('/z mile to the west) and Interstate 25 (%z mile to the east). The site is currently vacant and is in the T - Transition District. The requested zoning for this property is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are zoned T - Transition in the City of Fort Collins (to the west), I - Industrial in both the City 42 August 19, 2003 of Fort Collins and Larimer County (to the east), I - Industrial in Larimer County (to the south), and FA 1 - Farming in Larimer County(to the north). 26. First Reading of Ordinance No. 118, 2003, Amending Article III of Chapter 12 of the City Code, Regarding Smoking in Public Places and Places of Employment, to Authorize Administrative Regulations. On December 17, 2002, the City Council adopted on Second Reading Ordinance No. 181, 2002,repealing and reenacting Article III of Chapter 12 of the City Code,regarding smoking in public places and places of employment. The new City Code provisions enacted in Ordinance No. 181, 2002, go into effect on October 1, 2003. Since the adoption of Ordinance No. 181, 2002, City staff has been working with business establishments and employers to provide assistance in understanding and planning for compliance with the new smoking restrictions. In addition, City staff has been working to inform members of the general public about the upcoming effective date of the new restrictions, and to respond to questions. In the course of these outreach efforts, it has become apparent to staff that the adoption of administrative regulations to address specific questions of interpretation and enforcement will enable staff to provide more consistency and certainty both to regulated establishments and employers and to the general public. Consequently, staff is proposing that the City Council modify the City Code language that will go into effect on October 1 so as to specifically authorize the City Manager to establish administrative regulations. Theproposed language requires that notice of the regulations be published and further requires that any regulations be placed on file with the City Clerk so as to be available to the public. The Ordinance also eliminates an existing provision from Ordinance No. 181, 2002, authorizing the establishment of administrative regulations but only to interpret the terns "independently ventilated" and "physically separated". 27. Resolution 2003-090 Reestablishing a Telephone Exchange Access Facility Charge and a Wireless Communications Access Charge for the Larimer Emergency Telephone Authority Effective January 1, 2004. The Larimer Emergency Telephone Authority (LETA) was created in 1990 pursuant to C.R.S. Section 29-11-101, et. seq.,by an intergovernmental agreement between the City of Fort Collins and nineteen other governmental entities in Larimer County. The telephone exchange access facility charge of fifty cents (5.50) per month became effective January 1, 1991,by approval of the City Council. This fee remained the same each 43 August 19, 2003 year by annual approval of the LETA Board,until 1998 when the LETA Board decreased the fee by 10% to the current forty-five cents ($.45). The wireless communications access charge was first established at forty-five cents ($.45) commencing on April 1, 1998. At the July 2,2003 LETA Board meeting,the Board approved a telephone exchange access facility charge and a wireless communications access charge effective January 1,2004,each at the rate of forty-five cents ($.45) per month. These surcharges to telephone subscribers are necessary to continue to adequately fund the Emergency 911 telephone service in the City of Fort Collins through 2004. By approving this Resolution, the Council will be authorizing telephone and wireless telephone service providers to collect the telephone exchange access facility charge and wireless communications access charge. 28. Resolution 2003-091 Authorizing a Grant Agreement With the Board of the Great Outdoors Colorado Trust Fund for the Development by Fort Collins Soccer Club of a Second Phase of the Soccer Complex Northeast of Fort Collins. The development of the first phase of a soccer complex northeast of Fort Collins on County Road 54,just west of Interstate 25 was achieved by the Fort Collins Soccer Club in 1999. The rapid growth of Fort Collins and the increased interest in soccer continues to create a high demand for a dedicated soccer facility. The new facility helps curtail overcrowding and overuse of City and Poudre School District fields. The new soccer facility increases the opportunities for youth to enjoy soccer and will minimize conflicts with other groups competing for the same space in parks and schools. The City Parks and Recreation staff is very supportive of the effort by the Fort Collins Soccer Club to develop its complex. The soccer complex at build-out will have 13 full sized soccer fields, a 5,000-seat stadium field, headquarters building, picnic areas, restrooms, and landscaped and irrigated turf. The complex will also include space for other types of recreation events such as balloon festivals, model airplane clubs, and scouting events. The second phase of the soccer club complex, funded in part with this GOGO grant,will add about 33 acres of irrigated turf for soccer fields at the complex site. The Soccer Club is retaining professional soil and seeding experts for the site design to ensure the irrigation system, soil preparation and seed mixes result in a site that minimizes water usage. 29. Resolution 2003-092 Making Appointments to Various Boards and Commissions A vacancy currently exists on the Commission on Disability due to the resignation of Ruth Bell Skogerboe. Councilmembers Tharp and Weitkunat conducted interviews and are 44 August 19, 2003 recommending Jeffrey Hams to fill the vacancy with a term to begin immediately and set to expire on December 31, 2004. A vacancy currently exists on the Landmark Preservation Commission due to the resignation of Carole Stansfield. Councilmembers Roy and Hamrick conducted interviews and are recommending Ian Shuff to fill the vacancy with a term to begin immediately and set to expire on December 31, 2005. Vacancies currently exist on the Youth Advisory Board due to the resignations of Kaise Allen, Chance Olson, Pat McCosh and Cooper Liska-Smith. Applications were solicited and Mayor Martinez conducted interviews. Mayor Martinez is recommending Brendon Votipka,Erin Rooney to fill two vacancies with terms to begin immediately and set to expire on December 31,2004. Adrienne Pickett and Rayan Peats are being recommended to fill the remaining two vacancies with terms to begin immediately and set to expire on December 31, 2006. 30. Resolution 2003-093 Opposing Video Lottery Terminals at Racetracks This Resolution expresses the City Council's opposition to the passage of the Video Lottery/Tourism Promotion amendment to the Colorado Constitution. 31. Routine Easements. A. Easement for subsurface construction and maintenance of public utilities from Thomas R. French, to underground electric services, located at 214 Jackson. Monetary consideration: $300. Staff: Patti Teraoka. B. Easement for construction and maintenance of public utilities,from Patrick and Kim Normandin, to underground electric services, located at 300 Jackson. Monetary consideration: $200. Staff: Patti Teraoka. C. Easement for construction and maintenance of public utilities from John Phelan and Freba Karimzad, to underground electric services, located at 1312 West Oak. Monetary consideration: $10. Staff: Patti Teraoka. D. Easement for construction and maintenance of public utilities from Clocktower Square Condominium Association of Fort Collins, to underground electric service, located at 323 South College Avenue. Monetary consideration: $1000. Staff: Patti Teraoka. 45 August 19, 2003 E. Easement for construction and maintenance of public utilities from John and Barbara Vogt, to underground electric service, located at 1527 Peterson. Monetary consideration: $150. Staff: Patti Teraoka. F. Deed of dedication for easement from Peter and LeAnne Trozan, for pedestrian access easement, located at 421 Stover Street. Monetary consideration: $10. Staff: Sheri Wamhoff. G. Deed of dedication Fora public recreation and equestrian trail,conservation,erosion, floodplain, drainage and utilities from Greenstone, Inc., located on Tract "F" of the Greenstone PUD. Monetary consideration: $0. Staff: Alice-Faye Richardson. H. Easement for construction and maintenance of public utilities from Thomas H. Winston,to underground electric service,located at 1521 Whedbee Street. Monetary consideration: $10. Staff: Patti Teraoka. I. Easement for construction and maintenance of public utilities from Paul R.And Jean E. Corey, to underground electric service, located at 324 Alpert. Monetary consideration: $200. Staff: Patti Teraoka. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 11. Second Reading of Ordinance No. 099, 2003, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. 12. Second Reading of Ordinance No. 100, 2003, Desianating the Giddings House 704 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 13. Second Reading of Ordinance No. 101, 2003, Amending Section 1409 of the Fort Collins Traffic Code Relating to Compulsory Insurance. 14. Second Reading of Ordinance No 102 2003 Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 2003 Larimer County Coordinated Election 35. Items Relating to the Harmony Corridor Plan. A. Second Reading of Ordinance No. 103, 2003, Amending the Harmony Corridor Standards and Guidelines to Regulate and Guide the Development of a Lifestyle Shopping Center in the Harmony Corridor. 46 August 19, 2003 B. Second Reading of Ordinance No. 104, 2003, Amending the Land Use Code to Allow for the Potential Development of a Lifestyle Shopping Center in the Harmony Corridor. Ordinances on First Reading were read by title by City Clerk Krajicek. 15. First Reading of Ordinance No. 106, 2003, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund for Art in Public Places Reserve Account and Approving Expenditures from the Art in Public Places Reserve Account to Commission an Artist to Create a Front Entry Piece for the Lincoln Center. 16. First Reading of Ordinance No. 107, 2003, Appropriating Unanticipated Revenue in the General Fund for the Rehabilitation of 259 South College Avenue the Mountain Empire (Historic Armstrong) Hotel. 17. Items Relatingto o Appropriating Prior Year Reserves in the Downtown Development Authority Operations and Maintenance Fund. A. First Reading of Ordinance No. 108, 2003, Appropriating Funds from City of Fort Collins, Colorado, Downtown Development Authority Debt Service Fund for Transfer to the Downtown Development Authority Operations and Maintenance Fund for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins. B. First Reading of Ordinance No. 109, 2003, Appropriating the Transfer from the Downtown Development Authority Debt Service Fund for Projects in the Downtown Development Authority Operations and Maintenance Fund, for the Purpose of Making Certain Capital Improvements in the Downtown Area of Fort Collins and Appropriating Prior Year Reserves Designated for Capital Improvements. 18. First Reading of Ordinance No 110 2003 Appropriating Unanticipated Revenue in the General Fund to Be Returned to the Fort Collins Housing Authority to Fund Affordable Housing Related Activities. 19. First Reading of Ordinance No. 111, 2003, Authorizing the City to Enter into a Revocable Lease with the Cortina Homeowners' Association for Portions of Public Right-of-Way for Underground Storage. 20. First Reading of Ordinance No. 112, 2003, Amending Article III of Chapter 17 of the City Code Pertaining to Offenses Against Property. 47 August 19, 2003 21. First Reading of Ordinance No. 113, 2003 Amending Chapter 1 of the City Code Relating to General Provisions and Repealing Identical Sections Contained Elsewhere in the Code 22. First Reading of Ordinance No. 114, 2003, Authorizing Amendment#1 to the Long Term Lease of Property at the Fort Collins-Loveland Municipal Airport with Cole Smith DBA Signal Construction, for the Construction of an Aircraft Hangar. 23. First Reading of Ordinance No. 115, 2003, Amending Section 2-238 of the City Code Pertaining to the Functions of the Golf Board. 24. First Reading of Ordinance No. 116,2003,Amending the City Code Relating to Candidates for Municipal Election. 25. Hearing and First Reading of Ordinance No. 117, 2003 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Whitham Property Rezoning_ 26. First Reading of Ordinance No 118 2003 Amending Article III of Chapter 12 of the Citv Code, Regarding Smoking in Public Places and Places of EmRlovment to Authorize Administrative Regulations. 36. Items Relating to Street Names for New Arterial and Collector Streets A. First Reading of Ordinance No. 119,2003,Amending Section 24-91 of the City Code Adding Categories of Names to the List of Street Names to Be Used for Selecting Names for New Arterial and Collector Streets. 37. Items Relating to the Adoption of the 1-25 Subarea Plan as an Element of City Plan the City's Comprehensive Plan. B. First Reading of Ordinance No. 120, 2003, Amending the City's Land Use Code to Implement the 1-25 Subarea Plan,Which is an Element of the City's Comprehensive Plan. Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED 48 August 19, 2003 Consent Calendar Follow-up Councilmember Tharp spoke regarding item #15 First Reading of Ordinance No. 106, 2003, Appropriating Unanticipated Revenue in the Cultural Services and Facilities Fund forArt in Public Places Reserve Account and Approving Expenditures from theArt in Public Places Reserve Account to Commission an Artist to Create a Front Entry Piece for the Lincoln Center. Councilmember Kastein spoke regarding item #28 Resolution 2003-091 Authorizing a Grant Agreement With the Board of the Great Outdoors Colorado Trust Fund for the Development by Fort Collins Soccer Club of a Second Phase of the Soccer Complex Northeast of Fort Collins. Staff Reports City Manager Fischbach reported that the City was continuing to work with the High Tech Network regarding economic development and primary jobs issues. He reported on the water supply situation and stated he was considering lifting watering restrictions in mid-September. He also reported that Tony Sanchez was voted the school resource officer of the year at the annual Colorado Association of School Resource Officers. He reported on the xeriscape demonstration garden celebration and distribution of outdoor conservation kits and a grant for the Mountain Empire Hotel restoration and refurbishing. He stated he would soon be giving the Council a report on budget committee membership. He reported that Organic Style Magazine had ranked Fort Collins 15" in a survey of America's healthiest cities. He reported on the annual check-in with Latimer County regarding the truck route, and stated staff would be following up with CDOT regarding who would pay for a NEPA study of all of the truck route options. Councilmember Reports Councilmember Hamrick commented regarding water conservation efforts by the community. He stated he believed the tiered rate structure to be an important tool in water conservation. Councilmember Weitkunat reported on City/County/Poudre School District liaison Committee discussions regarding the future economic development workshop,the City budget committee,and the Youth Activity Center fund raiser. She stated tax proposals for the November ballot might include one by the County for a sales tax for the detention facility. She stated the new fairgrounds will soon be open. She reported that the County was hoping to avoid layoffs but that it was experiencing economic repercussions. She stated the School District is asking people to be cautious in school zones. Councilmember Roy stated he and Councilmember Bertschyheld a well-attended joint neighborhood meeting to discuss issues relating to the Old Town area. 49 August 19, 2003 Councilmember Tharp reported on the Regional Transportation Authority meeting and stated a study session would be held on the draft of the proposed intergovernmental agreement. She also reported on the joint CSU/City meeting and discussions regarding construction projects and budget difficulties. Mayor Martinez asked when the draft of Dr. Zucker's report would be given to Council. City Manager Fischbach stated staff was told that it was to be available on August 20. Resolution 2003-097 Consenting to the Continuation of a Local Emergency Pursuant to Section 2-671(a)(1) of the Code of the City of Fort Collins; Confirming the Emergency Rules and Regulations of the City Manager; and Authorizing the Execution of an Intergovernmental Agreement with Larimer County, Adopted. The following is staffs memorandum on this item. "Executive Summary The Larimer County Board of Health has declared a public health emergency in Lorimer County regarding the current human outbreak of West Nile Virus. The Board of Health has also recommended that jurisdictions within Lorimer County begin or expand both mosquito larva and adult mosquito control measures. The City Manager has directed staff to increase the City's larviciding program to include major wetlands,ponds and bodies of water within the Growth Management Area, and to begin a targeted adult mosquito ground fogging program. The expanded larviciding program will apply larvicide to some privately owned bodies of water. This declaration of a local emergency will allow the contractor hired by the City to apply the larvicide without first obtaining permission from private property owners. The proposed resolution confirms the declaration ofemergency, as well as the emergency rules and regulations established by the City Manager, and authorizes the City to enter into an intergovernmental agreement with Lorimer County to cooperate in the implementation of the emergency measures. " City Manager Fischbach stated the Larimer County Board of Health had declared a public health emergency and that he had declared an emergency in the City of Fort Collins. He stated an emergency had also been declared in Weld County and the City of Loveland. He stated Council must ratify the emergency declaration for the City by adoption of the Resolution. He spoke regarding the two Larimer County deaths and the numerous reported cases of West Nile virus. He 50 August 19, 2003 stated many cases went unreported and that the rate of infection was the worst in the country to this point. He stated a five-fold increase in the epidemic was expected by the Health Department. He spoke regarding the City's efforts with regard to expanding larviciding to be done by helicopter (rather than aerial spraying) to cover all marshlands, wetlands and open bodies of water, including those extending into the County, and the reasons for cooperation with Larimer County. He spoke regarding the West Nile Response Plan and stated the City's response to this public health emergency would be at Level 7,which was the highest response level. He stated this response level was planned for extreme epidemic conditions and that the Health Department believed that such conditions now existed. He spoke regarding the detailed larviciding plans. He stated the Council's acceptance of the declaration of emergency would enable the City's contractor to gain access to privately owned areas to apply the larvicide. He stated all contractors applying larvicide were licensed by the State of Colorado. He spoke regarding the spraying schedule and the plans to publicize the areas to be sprayed. He stated people could call the City's hotline to request that they be added to the"no spray" list. He outlined the detailed plans for the expanded larvicide program and the data-driven process to determine where spraying would take place. Kelly Ohlson,2040 Bennington Circle,spoke in opposition to the Resolution. He stated the spraying program was a reaction to hysteria created by news media coverage and that it would have implications for the environment and the food chain. He stated the City was not responding in such away to other viruses and conditions. He stated this is a well-intentioned overreaction that will have negative consequences for people. He encouraged people to call the hotline to be added to the"no spray" list. City Manager Fischbach stated the City was planning to use a spray material (Permithion)that was the least toxic substance available. He stated 75 people had already called the"no spray"hotline. Councilmember Roy asked for comparisons between West Nile and AIDS cases in the community. He stated West Nile was a large problem but that it was possibly not as big a problem as other illnesses. He asked what might happen if the spray would fall upon frogs, fish or other insects that might be active when the fogging took place. City Manager Fischbach stated it was his understanding that the spray material was non-toxic to such animals unless ingested directly. Tom Vosburg,Assistant City Manager, stated Permithion was deadly to fish if sprayed into the water and that the EPA label required that it not be sprayed within 100 feet of fish-bearing water. City Manager Fischbach stated the licensed contractors would operate in accordance with the license agreements. He stated the spray material would not create a problem if applied correctly. Councilmember Roy noted that the City would be spraying late in the season and asked for comparisons between West Nile cases in Fort Collins and Loveland, which had been spraying all season. City Manager Fischbach stated Loveland's rates were higher. He stated the City's West Nile Response Plan called for the City to respond in this fashion upon a finding by the County Health Department, the State Health Department and the Center for Disease Control that the City should 51 August 19, 2003 commence spraying. He stated he believed that the only measured response available to the City was the plan presented to the Council. Councilmember Roy stated the material presented to the Council indicated that the second year was always the worst for cases and that cases would diminish in the third year. He asked if the City was at the end of the second year. City Manager Fischbach replied in the affirmative. Councilmember Hamrick noted that Loveland had an ongoing program and asked if Fort Collins planned to have an ongoing program in the future. City Manager Fischbach stated Loveland had been larviciding since April and adult mosquito spraying since April or May. He stated Fort Collins had been larviciding in selected areas since earlier in the summer. He stated future plans for a Fort Collins spraying program depended on the results from this year's program. Councilmember Hamrick asked if the City was working with the business community regarding spraying of water detention ponds. City Manager Fischbach stated there was no time to work with businesses at this point. Councilmember Hamrick asked if the City would be contacting businesses as part of the educational program. City Manager Fischbach stated the City has been working to educate and inform the business and residential communities regarding prevention measures. Councilmember Hamrick asked about the impact on fish if it would rain after the area was sprayed. Vosburg stated there was no evidence of any fish kill in Loveland during 10 years of use of the product. Councilmember Kastein asked about the areas on the map that would not be sprayed. City Manager Fischbach clarified the spraying areas. Councilmember Kastein asked if the map would be on the website. City Manager Fischbach replied in the affirmative. Councilmember Kastein noted the risks to people who are sensitive to toxic materials and asked if the emergency broadcasting system on the radio could be used. Vosburg stated the Department of Agriculture maintained a registry of individuals who had been diagnosed as being highly sensitive to pesticides and that the licensed pesticide applicators were required to obtain that registry. He stated the City was adding the names of those on that registry to the City's "no spray" list. Councilmember Kastein asked if the City could call the people who are on the Department of Agriculture registry. Vosburg stated that could be done. 52 August 19, 2003 Councilmember Kastein asked if there was a possibility of getting another truck to accomplish this faster. City Manager Fischbach stated this was not possible due to mechanical problems with the other truck. Councilmember Weitkunat asked how the spraying would be accomplished and whether spraying would be done in yards or around houses. City Manager Fischbach stated fogging would take place from the street. Councilmember Weitkunat asked for confirmation that spraying would not take place within 100 feet of waterways. City Manager Fischbach replied in the affirmative. Councilmember Weitkunat asked if the larvicide application would include private areas. City Manager Fischbach stated public and private areas would be covered. Vosburg stated the reference to "private"bodies of water was large lakes such as Lake Sherwood and irrigation ditches operated by ditch companies. He stated applications would not be done in backyards. Councilmember Weitkunat noted that the County Health Department predicted in February that this would be a crisis year and that the Fort Collins philosophy has been to take a conservative approach during initial stages. She stated the situation has now become an emergency. Mayor Martinez asked for more information about the chemical to be used and equivalent household chemicals. Vosburg spoke regarding the active ingredients in foggers. Mayor Martinez asked when the map would appear in the newspaper. City Manager Fischbach stated the map would appear in the newspaper each day to show the areas to be sprayed. Councilmember Weitkunat made a motion,seconded by Councilmember Tharp,to adopt Resolution 2003-097. Councilmember Hamrick stated he was concerned that Loveland had more instances of West Nile in spite of the ongoing spraying program and questioned the effectiveness of spraying. CityManager Fischbach stated he was not aware of comparative data. He stated he attributed the differences in infection rates for Loveland and Fort Collins to the educational program in Fort Collins. Councilmember Kastein stated the Loveland infection rates could be much higher if spraying did not take place. He commented regarding the reduced number of mosquitos in areas where homeowner's associations spray for mosquitos. City Manager Fischbach stated the areas where spraying has been done privately, have fewer instances of West Nile. Councilmember Roy asked about cost sharing with Larimer County. City Manager Fischbach stated this would be discussed with the County. 53 August 19, 2003 Councilmember Roy stated the situation has frightened many people and that undertaking a spraying program would "satisfy a human capacity for wanting to feel in control' and "decimate many innocent creatures" that are important to the environment. He expressed concerns about the toxic impacts of the spray material and noted that Loveland had a higher rate of infection than Fort Collins in spite of a spraying program. He expressed a concern that"in trying to do good, we will do more harm." Mayor Martinez asked how long Loveland had been spraying and whether its ecosystem had been destroyed or damaged as a result of the spraying program. Vosburg stated Loveland had been spraying for 23 years. Councilmember Tharp stated she had some concerns regarding the effectiveness of spraying but that the City did not have a choice except to respond to a designated health emergency. Councilmember Kastein stated he would have preferred an earlier response. He stated it was time to react to this important health issue. Councilmember Hamrick stated this could be viewed as a"placebo knee jerk reaction"and that there could be risks to some individuals and to the environment. He stated there was no definite data regarding the possible reduction in health risks. He stated he would support the motion and that he would like to see the City monitor any health effects of the spraying. Mayor Martinez stated the State Health Department,the County Health Department and the Center for Disease Control have called this a public health emergency and that the City has an obligation to take appropriate actions to address the emergency. The vote on the motion was as follows:Yeas: Councilmembers Hamrick,Kastein, Martinez,Tharp and Weitkunat. Nays: Councilmember Roy. THE MOTION CARRIED. Ordinance No. 102, 2003 Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 2003 Larimer County Coordinated Election, Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary This Ordinance, which was unanimously adopted on First Reading on July 15, 2003, calls a Special Municipal Election to be held in conjunction with the November 4, 2003 Larimer County 54 August 19, 2003 Coordinated Election, and preserves the opportunityfor Council to place initiated or referred issues on the November ballot. " City Manager Fischbach introduced the agenda item. Dick Dunn, co-chair of the Council for a True Bypass in 1998-99, expressed concerns about using the bypass money for other purposes and stated not much had been done on the bypass in the last four years since the measure was adopted by the voters to move forward with all possible speed to place the bypass in a northern location. He spoke relating to a letter delivered to the City with regard to the required NEPA study and stated CDOT had indicated that it was ready to move forward on the bypass. Andrew Manriquez, 628 East Elizabeth, stated he would like to hear discussion regarding the decision-making process on this issue. Councilmember Kastein asked how much money staff recommended be moved from the truck bypass study toward the possible ballot issue. City Manager Fischbach stated the amount was $0.4 million of the $2.5 million remaining from the original $3 million in the Building Community Choices program. Councilmember Kastein asked staff to elaborate on the $1 million remaining for non-route-based strategies and asked how successful efforts had been to keep trucks on the Interstate. City Manager Fischbach stated I-25 and I-80 both had weigh-in-motion technology installed and that CDOT projected a 25% impact by the year 2010. He stated the last monthly report from CDOT showed that 43.7%were now using the weigh-in-motion system. He stated a"bypass"was already in place due to I-25 and I-80 and that options for electronic signage and portable weigh-in systems for State Patrol use were being explored to convince truckers that it would be to their benefit to stay on the Interstate. Councilmember Weitkunat requested clarification that this proposal preserves the opportunity to discuss the use of money from the Building Community Choices truck bypass project money for Prospect Road. City Manager Fischbach stated was the intent. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 102, 2003 on Second Reading. Councilmember Tharp asked about the consequences of adopting this Ordinance,should the Council eventually decide not to call for a November election. City Manager Fischbach stated there will be no consequences. Councilmember Tharp asked for confirmation that there will be no costs until an election would be conducted. City Manager Fischbach replied in the affirmative. 55 August 19, 2003 Councilmember Tharp asked if the space reserved on the ballot could be vacated if the Council decided on September 2 not to call for an election. City Manager Fischbach replied in the affirmative. Councilmember Hamrick stated he would not support the motion or the reallocation of Building Community Choices funds for other projects. Councilmember Roy asked about the reference to a letter of commitment from one of the developers on the project. Ron Phillips, Transportation Services Director, stated staff is working toward an agreement and letter of commitment with developers on the Timberline/Prospect intersection. Councilmember Roy stated he would not support the relocation of funds from the voter-approved Building Community Choices projects. Councilmember Weitkunat stated she would support the motion and that taking issues to the voters based on changed circumstances was the highest forms of democracy. Councilmember Kastein stated there were"two roads to nowhere"(a bypass at least two miles north of the City that no one living outside of the City would support and Prospect bike lanes from Timberline to 1-25). He stated the money for the two projects that would not happen could be put instead toward the two highest needs in the City (Timberline between Prospect and Drake and Harmony between Seneca and the Mason railroad tracks). He stated this was an opportunity to make high priority improvements without asking voters for more money by reallocating money from two projects that would not happen. Councilmember Tharp stated the scheduling of the election will be discussed on September 2 and that this agenda item would simply preserve the opportunity to have an election should Council decide to call for the election. Mayor Martinez stated the actual ballot measures for the November election will be debated on September2. He requested clarification whether the letter of commitment with developers regarding Timberline/Prospect will be finalized by September 2. City Manager Fischbach stated the agreement will likely not be finalized by that time. The vote on the motion was as follows: Yeas Councilmembers Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick and Roy. THE MOTION CARRIED Ordinances Relating to the Harmony Corridor Plan, Adopted on Second Reading. The following is staffs memorandum on this item. 56 August 19, 2003 "Executive Summary A. Second Reading of Ordinance No. 103, 2003, Amending the Harmony Corridor Standards and Guidelines to Regulate and Guide the Development of a Lifestyle Shopping Center in the Harmony Corridor. B. Second Reading of Ordinance No. 104, 2003,Amending the Land Use Code to Allowfor the Potential Development of a Lifestyle Shopping Center in the Harmony Corridor. The City has initiated certain amendments to the Harmony Corridor Plan to allow a Lifestyle Shopping Center on the vacant property adjacent to the LSI Logic facility at the northwest corner of Harmony Road and Ziegler Road. The property is currently designated in the Harmony Corridor Planfor Basic Industrial and Non-Retail Employment uses. Theproposed amendment wouldpermit on the property, in addition to the current list ofemployment land uses, a Lifestyle Shopping Center. In addition, certain amendments are proposed to the Harmony Corridor Standards and Guidelines, which implement the Plan, including adding new definitions, along with a few additional design standards and guidelines that establish uses, size and character. Ordinance No. 103, 2003 and Ordinance No. 104, 2003, were adopted 6-0(Councilmember Kastein withdrew)on First Reading on July 15, 2003. " Councilmember Kastein withdrew from participation and voting on this item due to a perceived conflict of interest. ("Secretary's Note: Councilmember Kastein left the meeting at this point.) Councilmember Tharp made a motion, seconded by Councilmember Roy, to adopt Ordinance No. 103, 2003 and Ordinance No. 104, 2003 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Kastein withdrawn) THE MOTION CARRIED ("Secretary's Note:Councilmember Kastein returned to the meeting at this point,and Council took a brief recess.) Items Relating to Street Names for New Arterial and Collector Streets, Adopted. The following is staff s memorandum on this item. 57 August 19, 2003 "Executive Summary A_ First Reading of OrdinanceNo. 119, 2003,AmendingSection24-91oftheCityCodeAdding Categories of Names to the List of Street Names to Be Used for Selecting Names for New Arterial and Collector Streets. Presently, Section 24-91 of the City Code requires arterial and collector streets to be named only from a list of names of citizens that the City would like to honor posthumously. The Ordinance would amend this section of the Code to also allow such streets to be named after natural areas, natural features, historic and/or well-known places other names that Council may approve. This change reflects the direction that City Council provided during the public hearing regarding the renaming of five arterial streets in the southeast quadrant of the City back in May of 2000. Comments from Council indicated that, while honoring notable citizens is laudable, natural areas and features and place names should be considered as well. This Ordinance provides that opportunity. B. Resolution 2003-094 Updating the List ofNames for Arterial and Collector Streets. The northeast quadrant of the City is rapidly developing. Fxisting developments are building-out and new subdivisions and annexations are in the approval process within the Mountain Vista and East Mulberry Area Plans. From this growth, there are now segments ofsix County Roads that are located entirely within the City boundaries. Five ofthese six are "section line"roads and, as such, are classified on the Master Street Plan as `Arterials"or "Minor Arterials. " One is a segment of State Highway One. In addition, there are four proposed collector streets that need to be properly named. Section 24-91 of the City Code requires that all new arterials and collectors be named from the list ofstreetnames approved by the City Council. The list is adopted by the City Council and names can be added only by Resolution of the City Council. In Spring of 2000, City Council updated the list to delete nine names that had been previously selected and to add seven new names. Of these seven,four were selected to re-name existing County Roads in the southeast quadrant of the City. The Board of County Commissioners then approved an action to continue these newly selected names to the limits of the Growth Management Area. This Resolution represents a continuation of this re-naming effort. With the supportofthe northeast area residents, Poudre Fire Authority, U.S. Postal Service and Lorimer Emergency Telephone Authority, Staff recommends that new proper names be given to six County Roads in recognition of the emerging urbanization of the Growth Management Area and to comply with City Code 1. Council Action Required: 58 August 19, 2003 Council needs to take action on a proposed Resolution that would do three things: (1)delete previously selected names; (2) add new names for arterial, minor arterial, and collector streets; and(3) Select the names for the affected existing streets. A. Delete Previously Selected Names: Avery Carpenter Kechter Strauss Ziegler Avery Court is an existing street in the Stonehenge neighborhood and was inadvertently left on the list in the last update of May 2000. The remaining four were selected for arterials and minor arterials in the southeast quadrant in May of 2000. B. Add New Names for Arterials and Minor Arterials: Cherryhurst/Turnberry Douglas Giddings Mountain Vista Richards Lake Terry Lake Gray Wilkinson Cherryhurst and Turnberry are both offered for County Road 11. Cherryhurst is a historic reference to the farm and orchard owned by Agnes Wright Spring located along Long Pond. This name was selected by consensus at the second neighborhood meeting(see Background Report). Turnberry refers to a highly regarded golf course in Scotland and was offered by the homeowners who front on C.R. 11 and back onto the Fort Collins Country Club after the second neighborhood meeting. Douglas, Mountain Vista, Richards Lake and Terry Lake are in recognition of common usage names that have never been.formalized. Giddings is a new name honoring the significance of the original Giddings farmstead and rail siding and is recommended for County Road 9 (see Background Report). 59 August 19, 2003 Gray and Wilkinson are former City Councilmembers, recently deceased, that collectively served on Council for 15 years. C. Add New Names for Collectors: Bar Harbor Thoreau Maple Hill Jerome These are four names assigned to collector streets in three approved-but-not built subdivisions and are of by three developers. Bar Harbor and Thoreau are proposed names that will serve both the Lind Farm and Maple Hill subdivisions. Maple Hill is a proposed name and will serve just the Maple Hill subdivision. Jerome is a proposed name located within Old Town North subdivision. Bar Harbor, Thoreau and Maple Hill are offered as logical choices that are consistent with the established themes of two subdivisions. Jerome is respectfully offered in recognition of Saint Jerome. D. Select the Names for Existing Arterials and Minor Arterials Based on inputfrom the citizen participation process,Staffrecommends thefollowingnames be selected for the six existing arterial and minor arterial streets: County Road 50 Mountain Vista Drive County Road 52 Richards Lake Road County Road 54 Douglas Road County Road 11 Cherryhurst Road County Road 9 Giddings Road State Highway One Terry Lake Road E. Added Names For City-wide Future Consideration The citizen participation process revealed a number of persons that have made notable contributions to our community in a number of fields. The citizens recommend that the following names be added to the approved list for future consideration ofnaming arterials collectors. Collamer, Arthur Crawford, Gurney Nichols, Lyman 60 August 19, 2003 Rudolph, Franklin Pierce Sykes, Hope White, Byron 2. Citizen Participation Process: Staffcoordinated two public information meetings in conjunction with other agencies. Each meeting was advertised by a mailing that included over 600 addresses. Both meetings were held at Tavelli Elementary School and are summarized in the background report. The dates of the two were as.follows: A. March 3, 2003 B. March 24, 2003 3. Petition Received for Naming C.R. 11 "Turnberrv" On April 18, 2003, Staff received a petition from the property owners who front on County Road 11 and back onto the Fort Collins Country Club golf course. Because of the association with golf, these residents would like to name C.R. 11 "Turnberry" after a prestigious golf course in Scotland that is considered the birthplace of golf. 4. Outreach to Other Departments and Boards: The following have been informed of the project: A. Larimer County Planning Department— April 30, 2003 B. Planning and Zoning Board—May 30, 2003 C. Transportation Board—June 18, 2003. S. Nancy Gray Boulevard: As a result ofthis process, a developer has indicated that he would like to honor the memory and service ofNancy Gray by naming a collector street within a proposed subdivision. The street would intersect with Timberline Road just north ofDrake Road and serve the area east (Side Hill Subdivision)and possibly west(Mansion Park Subdivision) of Timberline Road. The street would be a boulevard with a landscape median separating the travel lanes thus deserving of the suffix "boulevard. " 6. Staff Follow-Up Action Items A. Staff will provide official notification of Council action to the Larimer Emergency Telephone Authority, Poudre Fire Authority, Police Services, Sheriffs Department, 61 August 19, 2003 outside utility providers and all other entities, public and private, that maintain mapping data or G.LS. data. Please note that a street name change does not affect any legal description of real property and that mail can be delivered to two addresses for a period of one year. B. Staff will authorize the Streets Department to begin the sign changing process. Based on the street renaming project in the southeast quadrant in May of 2000, the estimated cost is between $2,500 and$4,500. C. Staffwill make an application with Larimer County to use the newly selected names in the segments of the roads that are outside city limits but within the Growth Management Area. " City Manager Fischbach introduced the agenda item. Ted Shepard, Chief Planner, introduced the team members who worked on this issue and presented background information on the agenda item. He presented visual information regarding the area in question, parcels that would be affected by address changes, and the affected roads. He spoke regarding the process to obtain public input and described the proposed Ordinance and Resolution. Joe Coyte, 2309 North County Road 11, urged the Council to change the name of North County Road I 1 to Tumberry Road rather than Cherryhurst. He spoke regarding the public input regarding the proposal to name the road after the Tumberry golf course in Scotland. He stated a petition was circulated and signed by North County Road I residents requesting Tumberry rather than Cherryhurst. Mac Danford, 2301 North County Road 11, spoke in favor of the renaming of North County Road I 1 to Tumberry rather than Cherryhurst. He stated there are many other street names in the County using"Cherry." Councilmember Tharp asked if Cherryhurst is the name of Agnes Wright Spring's farm. Karen McWilliams, Historic Preservation Planner, replied in the affirmative. Councilmember Tharp asked if there is therefore a historic reference to Cherryhurst. McWilliams replied in the affirmative. Councilmember Tharp asked if there was a problem because there were multiple street names using "Cherry." J.R. Wilson, Engineering Technician, stated there would not be a problem provided people use the distinctive name. 62 August 19, 2003 Councilmember Weitkunat asked if the names that were offered are a formal part of the Resolution. Shepard replied in the affirmative,with the exception of County Road 11,for which two names were offered. Councilmember Weitkunat asked if the names are suggestions. Shepard stated the Resolution will add names to the eligibility list. Councilmember Weitkunat asked if another Resolution could be done to add additional names to the list. Shepard replied in the affirmative and stated the intent is to look at street naming one quadrant at a time. Councilmember Weitkunat asked about the location of County Road 11 and the Cherryhurst cherry orchard. Wilson indicated the location on the map. Shepard stated Cherryhurst is on the south side of Long Pond. Wilson stated it is at the intersection of Lemay Avenue and Country Club Road. Councilmember Roy asked for clarification regarding names requested for placement on the eligibility list. Shepard spoke regarding the names that remained on the eligibility list. Councilmember Hamrick asked if there is a City-wide process to come up with names for collectors that were of a City-wide nature. Shepard stated there is a quadrant-by-quadrant process for streets that are limited to the specific quadrant and that the streets that remained for naming did not traverse the City. Councilmember Tharp asked if staff could give advice regarding the naming of County Road 11 Tumberry(a golf course in Scotland)or Cherryhurst(a local historic farm). City Manager Fischbach stated staff is recommending that Council choose between the two names. Councilmember Tharp asked if there are other street names in the City not connected to local historic places or people. Shepard stated there had been a somewhat inconsistent application of street naming over the years. He stated staff has attempted to abide by the spirit of the Ordinance. Mayor Martinez asked how many people attended the neighborhood meeting when the naming of County Road 11 was discussed. Shepard stated over 40 people attended. Mayor Martinez asked how many people the citizen group contacted. Mr. Coyte stated approximately 30 residents were contacted on County Road 11 to Country Club Road and north to Richards Lake Road. He stated many people at the neighborhood meeting were from the entire quadrant and had concerns about other street names. Mayor Martinez asked about the location of the cherry orchard in question. McWilliams stated the cherry orchard is south of the golf course. She stated there is a golf connection because Agnes Wright Spring was a Wyoming state golf champion and had won Fort Collins titles. 63 August 19, 2003 Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Ordinance No. H 9, 2003 as amended on First Reading. City Attorney Roy read the minor amendments to the Ordinance. The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Weitkunat made a motion, seconded by Councilmember Roy,to adopt Resolution 2003-094 with the naming of County Road 11 as Turnberry. Councilmember Weitkunat stated she felt it to be extremely important for the residents to have a strong role in the street naming process. Councilmember Tharp stated she would like to see the Agnes Wright Spring farm family's name added to the list. The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Items Relating to the Adoption of the I-25 Subarea Plan as an Element of City Plan, the City's Comprehensive Plan, Adopted. The following is staffs memorandum on this item. "Executive Summary Staff recommends adoption of the I-25 Subarea Plan as an element of the City's Comprehensive Plan and implementing Land Use Code amendments. On June 19, 2003, the Planning and Zoning Board voted 5-2 to recommend adoption of the I-25 Subarea Plan and implementing Land Use Code amendments. A. Resolution 2003-095 Adopting the V-25 Subarea Plan"as an Element ofthe Comprehensive Plan of the City (City Plan). B. First Reading of Ordinance No. 120, 2003, Amending the City's Land Use Code to Implement the I-25 Subarea Plan, Which is an Element of the City's Comprehensive Plan. 64 August 19, 2003 The I-25 Subarea Plan encompasses 10.8 square miles, roughly one-mile on either side of the I-25 right-of-way for a distance of 10 miles, extending from County Road 52 on the north to Carpenter Road (County Road 32) on the south. Approximately 8.7 square miles of the planning area is located in the Fort Collins Growth Management Area(GMA)boundary. The Subarea Plan includes an inventory of existing conditions; overview ofcorridor issues; and, vision, goals,principles and policies and plans for land use, transportation, community appearance and design, economic sustainability, housing, environment, natural areas and open lands, and growth management. In addition, the Plan describes a variety of implementation actions that should be taken if the Subarea Plan is to be successful. A series of proposed amendments to the City's Land Use Code are also being recommended for adoption in conjunction with the Subarea Plan. The planning process included extensive opportunities for comment by the public, property owners, City and County boards and commissions, and City and County elected officials. BACKGROUND: In March 1997, the City Council adopted City Plan, as the new Comprehensive Plan. The City of Fort Collins Structure Plan, a map showing the distribution offuture land uses and transportation systems, was also adopted as a component of City Plan. The City Plan documents identified the need to do additional planning for the I-25 corridor by designating the area an "I-25 Special Study Corridor". In addition, the City Plan Principles and Policies document contained the.following: PRINCIPLE L U-4:More specific subarea planning efforts will follow adoption of these City Plan Principles and Policies which tailor City Plan's city-wide perspective to individual neighborhoods, districts, corridors, and edges. Policy L U-4.5 Priority Subareas. The following areas have been identified as priority for future subarea planning: • I-25 Corridor(emphasis added) • Mountain Vista • East Mulberry • Fossil Creek Reservoir Area The Fossil Creek Reservoir Area Plan was adopted by the City Council on March 17, 1998, the Mountain Vista Subarea Plan was adopted on March 16, 1999, and the East Mulberry Corridor Plan was adopted on September 17, 2002. Theseplans, along with the Harmony Corridor Plan(rev. 2003), established policies and land uses for areas west of7-25, thus, the 1-25 Subarea Plan's focus was mostly directed to areas east of the interstate highway. Two I-25 Corridor Plans At the time of development of the Fort Collins I-25 Subarea Plan there was also a multi- jurisdictional planning effort to develop the Northern Colorado Regional Communities I-25 65 August 19, 2003 Corridor Plan. The planning boundaries ofthe regional and subarea planning efforts overlapped. The regional plan studied the 32-mile interstate corridor from County Road 52 on the north to an area south of the Town of Berthoud, while the subarea plan studied the ten-mile long corridorfrom County Road 52 to Carpenter Road (County Road 32). The regional plan focused on design, transportation, and open lands and natural areas. The objective of the subarea planning effort was to focus on these same issues and more as the regional plan but in a more focused manner than the regional plan. The Northern Colorado Regional Communities 1-25 Corridor Plan was adopted by the Fort Collins' City Council on November 20, 200L I-25 Subarea Plan The development of the 1-25 Subarea Plan began in October 1999 as a commitment to complete City Plan for the areas adjacent to the 1-25 corridor. Thus, City Plan's basic philosophies and policies are inherently included in the I-25 Subarea Plan. Eventually, the land use and transportation policies ofthe 1-25 Subarea Plan will lead to amendments to the City ofFort Collins Structure Plan, and the Master Street Plan. Implementation techniques will include amended zoning districts, annexation and zoning, and new development design standards. The planning process developed two sets of three land use alternatives and a draft land use plan (a.k.a. "preferred alternative). All were subjected to numerous reviews by the general public, property owners, City and County advisory boards and commissions, and City and County elected officials. In September 2001, two draft land use plan options were developed, one that included a GMA boundary expansion and one that restricts development east of 1-25 to properties already inside the City's GMA boundary. The two options formed the basis for discussing and eventually providing the direction on whether the I-25 Subarea Plan should be completed with, or without, an expansion of the existing GMA boundary east ofI-25 as well as other major land use policy issues. The most critical issues were as follows: • Should the plan be developed to include an expansion of the City's GMA boundary, or should the plan be developed for only areas within the existing GMA boundary? • Should large tracts ofland bepreservedfor thepotential location ofindustry and businesses in prime locations for such uses (most are currently zoned for such purposes), or should some, or all, of these areas be planned.for different uses and rezoned? • Should residential neighborhoods ofdiffering types be provided in close proximity to future employment and shopping areas to allow people the opportunity to live, work and shop in their own neighborhood? Listed below are the key points, conclusions, and policies of the I-25 Subarea Plan: 1. Due to the recent adoption of the Mountain Vista Subarea Plan (1999), the Fossil Creek Reservoir Area Plan (1998), and the East Mulberry Corridor Plan (2002), 66 August 19, 2003 along with the Harmony Corridor Plan (rev. 2003), the I-25 Subarea Plan mainly deals with the area located east of]-25 from around the Prospect Road interchange on the south, to County Road 52 on the north, and County Road 5 on the east. The Northern Colorado Regional Communities I-25 Corridor Plan (2001)provided the framework for the Subarea Plan. 2. No change to the City's Growth Management Area (GMA)boundary is proposed as a result of the Plan. 3. Two mixed-use activity centers are identified for the planning area, one at the I- 251Mulberry interchange and the other at the I-25/Prospect interchange. 4. Future employment and industrial adjacent to I-25 will develop in campus-like settings in between the Activity Centers. This will be achieved through zoning, the use of design standards, including setback requirements and maximum building frontage allowances, minimizing building heights, and the proper management of floodplain areas. 5. The Corridor contains approximately 416 acres of commercial, 390 acres of employment and 698 acres of industrial lands. 6 Boxelder Creek is to be preserved as a green corridor. The City's Resource Recovery Farm is to be preserved as public open lands. Approximately 1,184 acres in the corridor will be open lands (including river and stream corridors,- and, city- owned open lands and natural areas). 7. Secondary uses (retail and highway oriented commercial uses) typically permitted in industrial and employment districts will be required to be set back at least 114 mile form 1-25 in order to avoid the development of a "commercial strip" appearance along the interstate frontage. S. Low-density, detached single-family residential development shall be prohibited within one-quarter (114) mile of I-25 through various means, including zoning patterns and land use restrictions. Development that creates new detached single- family lots in urban estate areas located between one-quarter(114)and one-half r12) mile from the 1-25 right-of--way shall utilize a clustering technique to concentrate densities away from the I-25 right-of-way, and to maximize views, preserve landscape features or open space, and provide a buffer to any adjacent industrial uses. 9. Low-density, mixed-use neighborhoods are to be concentrated within one-half('/z) mile on either side ofMulberry Street east of]-25 (with the exception ofthe 80 acres 67 August 19, 2003 located southwest ofthe Mulberry Street/County Road 5 intersection which are to be urban estate areas). The low-density, mixed-use neighborhoods could have densities as high as eight (8) dwelling units per acre, with affordable housing projects obtaining a density up to twelve (12) dwelling units per acre. 10. The balance of the areas planned,for residential uses are to be urban estate developments with a maximum density of two (2) dwelling units per acre. 11. In total, the residential areas within the planning area will generate approximately 2,512 new dwelling units on 1,743 acres,for a total population of approximately 6,154. 12. The study area is planned to eventually be served with multi-modal transportation options, including mass transit, bicycle andpedestrian connections. Asupplemental street system is planned allowing movement within the corridor, thus, diminishing the need to utilize the interstate highway for shorter length trips. The employment and industrial districts adjacent to 1-25 will be designed in such a manner that they eventually obtain their access from the supplemental street system, thus, minimizing the need to use the frontage roads adjacent to 1-25. 11 The proposed changes to the Master Street Plan have been analyzed by staff, and along with the eventual extension oftransit and improvements to bike and pedestrian facilities in the area have been found adequate and appropriate to handle the multi- modal transportation needs of existing and future land use development in the 1-25 Corridor. Any infrastructure improvements shown outside of the City's Growth Management Area boundary are not the financial responsibility of the City of Fort Collins and reflect recommendations from other adopted regional plans. Similarly, improvements deemed necessary to Interstate 25 interchanges at SH-3921Carpenter Road, Prospect Road, and Mulberry Street, are the financial responsibility of the Colorado Department of Transportation and any development interests creating impacts. 14. Most of the undeveloped land within the City's Growth Management Area is expected to annex to the City prior to development as required by the Fort Collins- Larimer County intergovernmental agreement. Thus, when development does occur, such development will be subject to all of the provisions of the City's Land Use Code, payment of the City's development impact fees, etc. Planning Process The development of the I-25 Subarea Plan began in October 1999, as a commitment to complete City Plan for the areas adjacent to the 1-25 corridor. Also, as indicated above, 68 August 19, 2003 various drafts of the Plan were subjected to numerous reviews by the general public, City and County advisory boards and commissions, and City and County elected officials. The planning process included meetings with the City's Planning and Zoning Board,Natural Resources Advisory Board, Transportation Board, Affordable Housing Board, and Air Quality Advisory Board. Key meetings included a public forum and two public hearings before the Planning and Zoning Board as well as two City Council study sessions and a regular Council meeting where Council provided speciftc direction on policies issues, includingpreservation of a portion ofthe Resource Recovery Farm as open lands, no change to the City's (GMA) Growth Management Area boundary, and restricting residential densities to less than urban densities for areas east ofI-25. Meetings were also held with the Larimer County Planning Commission and Agricultural Advisory Board, as well as the Board of County Commissioners. Organized community groups involved in the process included Citizen Planners, the Chamber of Commerce's Legislative Review Committee, the East Mulberry Subarea Plan Citizens Steering Committee, as well as the I-25 Subarea Plan Citizens Task Force. General public open houses were also conducted to provide information to the public and the project maintained a web site where the public could access information and drafts of the plan. The Plan was also given extensive coverage by the local media. Changes to the Draft 1-25 Subarea Plan Some minor wording changes have been made to the draft 1-25 Subarea Plan from the version presented to the Planning and Zoning Board last June. The changes are based on comments from the Planning and Zoning Board, Natural Resources Advisory Board, and Transportation Board. Deletions are shown as a at,rikethf uu,�;h, while additions are shown as bold and underlined. Development Regulations The Council is being asked to adopt certain amendments to the City's Land Use Code by adding a new Division 3.9 Development Standards for the 1-25 Corridor as well as some minor amendments to provide cross reference provisions in the C, E and I zoning districts. The Northern Colorado Regional Communities 1-25 Corridor Plan produced a Development Design Standards for the]-25 Corridor document that contained recommended development standards so there would be some consistency in development quality throughout the corridor. It was anticipated that communities would adopt a variation of the document based upon their existing regulations and community preferences. The document contained a series of "Regional Baseline Standards" often along with additional "Recommended Design Standards"for additional control over development design. 69 August 19, 2003 City staff completed an exhaustive review of the Development Design Standards for the 1--25 Corridor document and compared the regional baseline and recommended design standards to provisions already included in the City's Land Use Code. In many cases, development regulations in the Land Use Code already met, or exceeded, those recommended in the Development Design Standards for the 1-25 Corridor document. Where there were gaps, or tighter standards recommended in the regional document, staff has prepared amendments to the Land Use Code to be approved in conjunction with the adoption of the Subarea Plan. Key new development regulations for the I--25 Corridor are as.follows: 15. Secondary uses (retail and highway oriented commercial uses) typically permitted in the industrial and employment zoning districts will be required to be set back at least 114 mile from 1-25. This provision expands an existing provision, Division 4.22 Employment District (E), (D) Land Use Standards, (3) Locational Standards within the Mountain Vista Subarea, of the Land Use Code and applies it to all-Industrial Employment zoned properties within the 1-25 corridor. 16. New, detached single-family residential units areprohibitedfirom locating within 114 mile ofl-25. 17. Minimum 80'landscaped setback requirement for buildings and parking lots from the I-25 right-of--way. Currently there are no minimum setback requirements for developments in the1,, Industrial, and E, Employment, Districts. This standard is recommended in the Development Design Standards,for the I-25 Corridor document and currently exists in the Land Use Code for the Harmony Corridor District (H-Q. 18. Building heights are restricted to 20 feet (one story)for buildings located between 80 and ]00 feet of the 1-25 right-of way, and restricted to 40 feet (two stories)for buildings located more than 100 feet but less than 600 feet from the I-25 right-of- way. This standard is recommended in the Development Design Standards for the I-25 Corridor document. The proposed regulations represent a significant change in Land Use Code building heights in the Industrial and Employment zoning districts that currently allow structures to go to a maximum of 4 stories (up to 100). 19. Maximum building frontage of 50% on parcels adjacent to 1-25. 70 August 19, 2003 20. No wireless telecommunication towers within 114 mile of I-25. Transportation Impacts The proposed changes to the Master Street Plan have been analyzed by staff and, along with the eventual extension of transit and improvements to bike and pedestrian.facilities in the area, have been found to be adequate to handle the transportation needs of land use development in the I-25 corridor. Planning and Zoning Board Recommendation On June 19, 2003, the Planning and Zoning Board conducted a public hearing and voted 5-2 to recommend to the Council that the I-25 Subarea Plan be adopted as an element of City Plan and adoption of the proposed amendments to the Land Use Code. " City Manager Fischbach introduced the agenda item. Ken Waido, Chief Planner, presented detailed background information relating to the agenda item and described the proposed Subarea Plan and the Resolution and Ordinance. He presented visual information to illustrate his presentation. He spoke regarding public input received with regard to the Plan and summarized concerns that had been expressed pertaining to the Plan and the staffs recommendations. Eldon Ward, Cityscape Urban Design, representing Western Property Advisors, owners of the Interstate Land property at the northwest corner of Prospect and I-25, stated Western Property Advisors had concerns that the way the quarter-mile restricted area was to be measured would double the amount of restricted area on the property and would negate the master planning that had been done on the property. He stated Western Property Advisors agreed with the Plan that the Industrial and Employment Districts not have a commercial strip,but that if all secondary uses were excluded, that would include an exclusion of multifamily,which would be contrary to City policy encouraging multifamily in the area of activity centers. He stated the property owner would like to retain the ability to do multifamily and would like to see the activity center larger to support multifamily and employment uses. He stated the Plan is silent regarding to LMN District for the Interstate Land property and that the property owner assumed that the current LMN zoning would remain in place. He stated Western Property Advisors would like some clarification regarding that matter. He stated the property owner had submitted an ODP to the City and had been delayed for years because of lengthy studies on Boxelder and Cooper Slough. He stated it was unknown what the effective date of the Subarea Plan would be and whether or not it would be retroactive to ODP applications that had already been made. He stated planning had been done around the quarter-mile setback for years and that "accidentally"the setback became much larger on this particular property with a wording change. He stated it is important to have multifamily development in immediate proximity to this activity center. 71 August 19, 2003 Linda Stanley,2040 Bennington Circle,spoke in opposition to the Plan. She asked that staff prepare a better plan that will be better for the future of Fort Collins. She stated the Plan does not make economic sense and that infrastructure and other costs will outweigh the benefits of increased sales tax revenues. She stated this seems to be a classic case where the costs will go up faster than revenues. She stated the City will ultimately become responsible for improvements that are initially done by the developers. She expressed concerns regarding gaps in transportation funding and stated spending tax dollars over a greater area would not improve the funding situation. She stated the I-25 interchanges will need improvements and that it is unlikely that the federal or state governments will provide much funding. She stated the Plan is too auto dependant and that roads had become the backbone of the plan. She stated the Plan ultimately is an upzoning for significant land areas and that the City is not requiring any compensation from the landowners for that upzoning. She stated this will work against the purchase of such lands for conservation easements. She stated this Plan will guide Fort Collins for years to come and will determine what the economy will look like. She asked that the City come back with a better plan to address concerns regarding sprawl, growth, and the economy. Randy Fischer, 3007 Moore Lane, representing the Natural Resources Advisory Board, stated the Board has recommended that the Council vote against this version of the Plan. He stated the Board agreed that there must be a plan for the 1-25 subarea. He stated the Board believed that a better plan could be crafted and asked Council to give staff direction to rework the Plan to make it consistent with City Plan and other adopted City policies and studies. He stated the Board was concerned that creating a plan for opening high density urban level development in juxtaposition with areas that have been designated as community separators will lessen the chance that the community separators would ever be effective. He urged Council to direct staff to look at issues that have been identified by City boards and citizen groups. He stated the only way to get a better plan is to vote against this Plan and direct staff to rethink some of the issues that have been identified. David Wright, Director of Citizen Planners, spoke in opposition to the proposed Subarea Plan. He stated the inclusion of Road 5, which is outside of the Growth Management Area, is a concern because it shows that there is an interest to expand beyond the GMA. He stated this will enable the sprawl outside of the GMA. He stated there is a community interest in having open space and community separators and that those interests have been left out of the Plan. He expressed a concern regarding the financial commitment that would be required. He stated more money should be put toward the existing community and protection of quality of life. He stated the Subarea Plan is not consistent with City Plan. David May, Fort Collins Area Chamber of Commerce, spoke in support of the Subarea Plan. He stated the Plan will provide a framework for managed growth and that the plan addressed transportation and other issues very well. He stated it makes sense to have an employment center along the Interstate. He stated this is a gateway to the community and that this Plan will make the corridor into the community an attractive one. He stated nothing will be gained by delaying this action. 72 August 19, 2003 Les Kaplan, developer, spoke in support of the Plan. He stated the Plan had involved a three-year planning process, the longest in the history of the City. He stated the Plan is well crafted and balanced and is deserving of"graduating" to the ranks of public policy. He stated the Plan has elements to ensure Fort Collins' unique vision for itself along I-25. He stated the Plan respects the existing Growth Management Area east of I-25; ensures that Employment and Industrial Districts are designed to maintain a perception of openness;includes specific design standards;prohibits new single-family detached areas within one-quarter mile of I-25; provides for a balanced system of recreation facilities, parks, trails, natural areas and open lands; and encouraged property owners to contribute open lands east of 1-25. He stated there will be virtually no increase in density under the Plan compared with the densities allowed under existing uses. Kelly Ohlson, 2040 Bennington Circle, stated this was the worst plan he had ever seen in his 25 years of active involvement in City government. He stated the Air Quality Board, Transportation Board and Natural Resources Advisory Board all voted against the Plan as presented. He stated high density development east of I-25 should be discouraged. He stated the Plan has the fatal flaw of including roads outside of the Growth Management Area and gives the perception that the City will be responsible for the cost of these improvements. He stated community separators and open lands are a high priority for the public and that these issues are ignored in this Plan. He stated the Plan relies on Land Use Code standards to protect natural features and that staff will be proposing diminishing those standards in the near future. He stated the recommended road network will cut roads through O and FA-Farming lands where there are no existing roads and that this would make land conservation unlikely. He stated he was concerned that subsidized sprawl, will hurt the community separator and open space plans,and will contribute to the future geographical expansion of the Growth Management Area. He stated the developers received memos responding to their concerns and that no such memos were done responding to the concerns of the City's appointed boards and commissions. Larry Hoffner,4401 East Prospect Road, stated agriculture was gone in Larimer County. He stated if the City wants open space they must buy it because the farmers cannot make a living here any more and must allow the land to be developed. He stated there was overwhelming voter support for improving Prospect Road. Norm Cross, property owner, stated he would like to see a plan in place to avoid continuing arguments about the matter. Ken Krumm,property owner on East Vine Drive, stated taking properties through the development process when a plan like this becomes stalled was difficult. He stated plans might not be perfect at the time of adoption and that plans could be revised. He asked that Council move forward and support this Plan. Councilmember Tharp requested clarification of staff s response to the letter received from Western Property Advisors. Waido stated staff agreed that measuring the one-quarter mile from the edge of right-of-way had some unanticipated consequences for this property,particularly in the way in which 73 August 19, 2003 the frontage road was relocated. He stated staff is asking for Council direction with regard to the Ordinance adopting development regulations to change the base point from which the distance calculation would be made. He stated staff s suggestion is to use the centerline of the Interstate rather than the edge of the right-of-way. He stated staff is recommending amending the Ordinance on Second Reading. He stated the general premise of the Plan is to not allow residential development within the quarter-mile of the measuring point. He spoke regarding the clustering principle and vested property rights with regard to development applications. Councilmember Tharp asked about the MI and RF zones in the County. Waido described the purposes of the two zoning districts. Councilmember Tharp stated there is a major concern with regard to the Prospect interchange because of the significant commercial area. Waido spoke regarding the rationale for the larger commercial area. Councilmember Tharp asked about the existing land uses and zoning for a section south of Prospect. Waido described the existing land uses and zoning in the area. Councilmember Tharp asked if the inclusion of a two square mile area outside of the Growth Management Area will signal to landowners and developers that the area will eventually become part of the City in some way. Waido spoke regarding areas that were included in the study area and that were not part of the plan area. He stated it was the policy of the City not to expand the Growth Management Area boundary and that the GMA boundary will not move as a result of this plan. Councilmember Tharp asked what is meant by references to the Boxelder area as a"green corridor" and how that fits into the City's open space plan. Waido stated designating Boxelder Creek as a "green corridor"gives it the same status as the Fossil Creek and Spring Creek green corridors, etc. He stated the Land Use Code has setback standards for these green corridors. Councilmember Tharp expressed a concern that Master Plans showing roads outside the Growth Management Area should clearly indicate that the City was not accepting responsibility for such roads. She spoke regarding the impact of new roads on transportation funding. She noted that a number of questions were raised about community separators and asked if the Timnath separator was south of this plan area. Waido replied in the affirmative. Councilmember Tharp asked if the Wellington separator was north of this area. Waido replied in the affirmative and showed visual information regarding the Wellington and Timnath separators. Councilmember Tharp asked for clarification regarding the current land use in the northeast section of the plan area. Waido spoke regarding existing County developments in that area. 74 August 19, 2003 Councilmember Tharp stated her interest is in the possibility of acquiring open space in areas that have not yet been developed. She asked about the secondary uses allowed in the area south of Prospect zoned Commercial. Waido spoke regarding the allowed uses in the Commercial area. Councilmember Tharp stated there are concerns regarding where to put primary jobs because there is limited Industrial or Employment land in the corridor. She stated it appears that the Commercial property would be a good location for Employment and asked about the impact of changing the zoning for that property to Industrial or Employment. Waido stated nothing will happen with the property until it annexed. He stated the property would remain commercial until such time as it was annexed and zoned. He spoke regarding contiguity issues relating to the property. He stated the Subarea Plan will form the basis for the zoning of the land at the time of annexation and spoke regarding the options pertaining to zoning at the time of annexation. Councilmember Tharp asked if a change from Commercial to Industrial or Employment is considered to be a downzoning. Waido spoke regarding the uses allowed in each zone. Councilmember Weitkunat asked about the primary purpose of the Subarea Plan. Waido stated City Plan does not contain specific and detailed plans needed to make decisions regarding the land. Councilmember Weitkunat asked if the intent was to bring City policies and principles into line. Waido spoke regarding subarea plans that have been completed. Councilmember Weitkunat asked if the idea was to apply growth management techniques. Waido replied in the affirmative. Councilmember Weitkunat stated one of the arguments heard is that it does make economic sense and asked if a fiscal analysis was done for other subarea plans. Waido replied in the negative. Councilmember Weitkunat stated subarea plans are primarily a growth management tool and that financial analyses are not part of the process. She noted that another argument that was heard was high density east of I-25 and asked if any of these areas qualified as high density. Waido stated this was not high density from a City Plan perspective. Councilmember Weitkunat asked if this is predominantly County area. Waido stated much of the area is in the County. Councilmember Weitkunat asked if a property included in the planning area wish to annex,whether it would then fall under City standards for development. Waido replied in the affirmative and spoke regarding the intergovernmental agreement with the County relating to the annexation of contiguous land within the Growth Management Area. Councilmember Weitkunat asked about the density of the County developments in the area. Waido spoke regarding the density of the County developments in the area. 75 August 19, 2003 Councilmember Weitkunat asked for an explanation of the concerns heard that this will be an upzoning. Waido stated there will be benefits to public facilities, affordable housing, etc. with upzoning. He stated upzoning would be increasing the density and intensity of an area from the previous zoning. Councilmember Roy asked for clarification regarding the location of the more than 1,200 acre Commercial proposal and the 1,743 acres that would be used for housing. Waido presented visual information regarding those properties. Councilmember Roy asked if the properties were primarily east of the Prospect interchange. Waido replied in the affirmative. Councilmember Roy asked for confirmation that the report indicated that there would be 2,543 rooftops. Waido stated the number was based on the density multiplied by the number of properties. Councilmember Roy stated there is a reference regarding Boxelder overspilling and overflowing the floodplain and asked if that is counter to City Plan characteristics adopted by the Council. Waido stated the reference is to the conclusion reached by one group. Councilmember Roy stated Boxelder is important within the Subarea Plan. Karen Manci, Natural Resources Department, stated the concern is with protecting the main channel of Boxelder and that the overflow issue would best be addressed by Stormwater. Waido stated the City Plan characteristics referred to enhancing the Boxelder drainage. He stated staff is investigating several floodplain management solutions to eliminate the overflow problem. Councilmember Roy referenced the letter from the Chamber of Commerce that stated "Future transportation needs in the subarea are directly linked not only to land use intensity but also to City and County regional transportation systems,and that transportation planning in the subarea is based on the City of Fort Collins Master Transportation Plan and the North Front Range Regional Plan, and the decision to not adopt the plan would directly impact the community due to the lack of infrastructure planning." He asked where the plans for the community buffers and separators were in context with the construction of roadways included in the Plan. Waido spoke regarding the locations of the Wellington and Timnath separators. Councilmember Roy asked about the reference in the purpose and context of the Plan that the 1-25 Subarea Plan would be subordinate to City Plan and asked about the ways in which the Subarea Plan would be subordinate. Waido stated staff had a lot of discussion with the Transportation Board and that the Subarea Plan will be part of City Plan. He stated the Subarea Plan will follow the general principles and policies of City Plan, which sets the overall direction for growth management. He stated the Subarea Plan will have more detailed and specific policies. Joe Frank, Director of Advance Planning,stated there had been some argument that roads could not go through community separators. He stated a regional study obtained positive response to having roads through community 76 August 19, 2003 separators and that what became important to perceptions was the kind of adjacent land uses and development. Councilmember Roy asked about the price tag for the roadways in the Plan. Mark Jackson, Transportation Services, stated the total price tag within the Growth Management Area would be about $17 million. Councilmember Roy asked if the Subarea Plan map will retain the integrity of the Growth Management Area and community separators or if the map will facilitate future annexations. Waido stated it would do both. He stated the boundary was a growth management tool and that the stability of the boundary would help to preserve separators and agricultural land outside of the boundary. Councilmember Kastein asked about the $17 million cost for transportation improvements in the subarea planning area inside of the Growth Management Area. Jackson stated it did not include interchange improvements or other improvements on the State system. Councilmember Kastein asked if the City will need to come up with the$17 million or if there was a possibility of using street oversizing fees. Jackson stated the figure was before allocation of street oversizing and developer impact fees. He stated the collector system will be paid for by development. Councilmember Kastein stated there was a reference in the Transportation Board minutes to City costs for Prospect Road because there were natural areas that will not pay impact fees. He asked about the money currently allocated for Prospect Road. Jackson stated the allocated funds are part of Building Community Choices and that the funds are for specific bike lane purposes to Summitview. Councilmember Kastein asked if Prospect Road is an important gateway for the City. Jackson replied in the affirmative. Councilmember Kastein asked if there had been an overall analysis of City costs for infrastructure. Waido stated transportation costs had already been discussed and that the water and sewer systems in the area were served by special districts and that there would be no cost to the City. He stated the City will be providing electrical power and the City's fees will recover the cost of extending that service. He stated at the projected densities there will not be enough revenue generated for neighborhood parks. He stated a trail system could be developed with the Boxelder drainage. He stated basic police protection service will be extended to the area as properties annexed and developed. Councilmember Kastein asked if the City was covered by the collection of impact fees. Waidostated the City was covered to the extent the impact fees covered costs. Jackson stated impact fees will not cover everything because there are areas of existing development and areas where fees cannot be collected. 77 August 19, 2003 Councilmember Kastein asked if the funding for the Prospect interchange would come from CDOT and developers. Jackson replied in the affirmative. Councilmember Kastein asked about the cost to the City for the Harmony Road interchange improvements. Jackson stated the City's cost was for maintenance and upkeep for the transfer center area. City Manager Fischbach stated the City had to fund about $200,000 for landscaping. Frank stated the State would have paid for basic landscaping and that the City wanted to enhance the landscaping because of the gateway nature of the interchange. Councilmember Kastein asked about the workforce housing issue brought up by the Affordable Housing Board. City Manager Fischbach stated Council had given staff direction in the matter and that staff had followed that direction. Councilmember Kastein asked about the Structure Plan and future zoning and the public purpose of upzoning. He asked how a Structure Plan map becomes overly obtrusive when there are differences with the desires of the property owners regarding zoning. City Attorney Roy stated zoning decisions by the Council need to be made in the public interest irrespective of the wishes of the particular property owner and that the zoning decision should be consistent with the overall plan and the best interests of the community. Councilmember Kastein asked if there would be an issue if the land did not have economic viability after the zoning. City Attorney Roy stated the courts had been specific in determinations regarding upholding"takings"provided some economic viability remained for the property. Councilmember Kastein asked if a setback could be established that would eliminate any economic use for the land. City Attorney Roy stated this discussion could be more appropriate for an Executive Session. Councilmember Kastein asked if there was an issue relating to residential next to activity centers. Waido stated there were discussions with the property owner regarding residential uses and that the property owner was concerned regarding the prohibition within one-quarter mile of the Interstate. Councilmember Hamrick asked why the Subarea Plan included land outside of the Growth Management Area. Waido stated the Subarea Plan did not include land outside of the Growth Management Area and that the study area looked at areas outside of the GMA boundary. Councilmember Hamrick asked whythe studyarea included land outside of the Growth Management Area. Waido stated such land was included in the study area to provide context to the properties included in the Plan area. Councilmember Hamrick asked if what is done inside the Growth Management Area influences what happens outside of the GMA. Waido stated there was influence to a certain extent. 78 August 19, 2003 Councilmember Hamrick asked about the northeast area along Boxelder Creek and previous discussions regarding using that area as a buffer area or community separator to the east. He stated it would be beneficial to have a separation between the City and County areas. Waido spoke regarding City Plan requirements that edges must be open space areas. Councilmember Hamrick stated there could be "feathering down" to the edge of the Growth Management Area but that the County could come in with a higher density development right outside of that edge. Waido stated the County would not have high density if they followed the existing zoning(FA-1). He stated if clustering was used that there could be a pocket of development with relatively high density but that the overall gross density would be less. Frank stated the area south of Mountain Vista zoned FA-1 with one unit per 2.9 acres would not develop as a community separator. He stated the community separator study looked at one unit per 30 or 40 acres as a density appropriate for a community separator. He stated this property would serve as an edge and as a transition to lower density. Councilmember Hamrick asked about the reference to a minimum of an 80 foot landscape setback for buildings and parking lots from the 1-25 right-of-way and asked how far the right-of-way was from 1-25. Waido presented visual information regarding the right-of-way and the separation between buildings. Councilmember Hamrick asked will would happen if 1-25 develops into a three-lane road. Waido stated additional right-of-way will need to be obtained. Councilmember Hamrick stated if development is allowed within 80 feet and the roadway is expanded, the buildings will be closer to the Interstate than desired. Jackson stated there were portions of the Interstate that had adequate right-of-way for expansion and that the Interstate would likely never expand north of Mulberry because of low projected traffic counts. Councilmember Hamrick asked if there would be problems with the 1-25 right-of-way if building was done with the 80 foot setback. Waido stated the Front Range Feasibility Study indicated that there would be no problems. Frank stated the issue of where to measure the setback was discussed as part of the I-25 Regional Plan and that CDOT indicated that any expansion of the Interstate could take place inside that 250 foot right-of-way. He stated CDOT had indicated that it wanted additional right-of-way at the interchanges. He stated these discussions were considered when the one-quarter mile setback from the outside of the right-of-way was established. He stated staff was recommending the addition of another 125 feet to the one-quarter mile to maintain the same setback. Councilmember Hamrick asked about the Subarea Plan vision,noting that a paragraph was deleted from Section 4.2, and that the Natural Resources Advisory Board comments about the deletion of this language related to the preservation of significant views and other natural resources within the subarea and to the incorporation of open lands within the subarea. Waido stated the paragraph was mistakenly deleted through a word processing error and that the paragraph was included on page 18 of the Plan. 79 August 19, 2003 Councilmember Roy asked what the subarea plan encompassed in relation to the Growth Management Area. Waido stated the Subarea Plan plans for properties within the existing Growth Management Area boundary and does not make any designations for properties outside of the GMA boundary. He stated it is not anticipated that annexations will occur outside of the GMA. Councilmember Roy asked for confirmation that the Subarea Plan covered only areas located within the Growth Management Area. Waido replied in the affirmative. Councilmember Roy asked why there was a reference in the agenda materials that"The I-25 Subarea Plan encompasses 10.8 square miles. Approximately 8.7 square miles is located in the Fort Collins Growth Management Area." Frank stated the study area encompasses the larger area and the Subarea Plan looked at the entire study area. Councilmember Roy requested further clarification regarding the area in question. Waido stated the study area encompasses 10.8 square miles. Mayor Martinez requested a motion to temporarily suspend discussion on this agenda item to allow another agenda item to be addressed. Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to temporarily suspend further discussion regarding the agenda item to consider an ethics complaint. The vote on the motion was as follows: Yeas Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: The Council proceeded to discussion of an ethics complaint and continued the discussion of the agenda item relating to the I-25 Subarea plan following discussion of the ethics complaint. The continuation of the discussion regarding the 1-25 Subarea plan is reflected in the minutes following the next agenda item.) Motion Regarding Ethics Complaint Filed by Jerry Gavaldon Against Sally Craig The following is staff s memorandum on this item. "Executive Summary The Mayor has received a written request from Jerry Gavaldon that the City Council consider his Ethics complaint against Sally Craig regarding her alleged attendance at a public meeting (other than a Planning and Zoning Board meeting) regarding the Harmony Corridor Plan Amendment pertaining to the topic of the "lifestyle shopping center 80 August 19, 2003 Sec. 2-569(d) of the City Code provides that: Any person who believes that a Councilmember or board and commission member has violated any provision of state law or the Charter or Code pertaining to ethical conduct mayfile a complaint with the Mayor, who shall immediately notify the chairperson of the review board. The complaint shall be placed on the agenda for the next special or regular City Council meeting for review and possible action by the City Council. Upon receipt ofany such complaint, the City Council shall decide by majority vote whether to submit the complaint to the review board for an advisory opinion as to whether the violation alleged in the complaint has occurred and, ifso, the action, if any, that should be taken with regard to such violation. In the event that such complaint is not submitted to the review board, the City Council may decide what, if any, other action pertaining to the same is appropriate. The Council's decision as to whether to refer the complaint to the Ethics Review Board must be made by a majority vote, but does not require a resolution and may be decided by motion. If the Council decides to refer the matter to the Ethics Review Board, then the Board will convene at a later date and conduct its review and investigation in accordance with Sec. 2-569. If the Council decides not to submit the matter to the Ethics Review Board, it still may (but is not required to) decide what, if any, other action pertaining to the complaint is appropriate. For example, the Council may decide: • To do nothing. • To direct the Council liaison to the Planning and Zoning Board to discuss the issue with the Planning and Zoning Board. • To send a letter from the Council to the Planning and Zoning Board requesting that its members adhere to the recommendations that the Board has received from the City Attorney's Office. • To request the City Attorneys Office to conduct a workshop with the Board to discuss the issue. • To take some other action that the Council thinks is appropriate." Mayor Martinez stated he had received a written complaint from Jerry Gavaldon regarding Sally Craig's alleged attendance at a public meeting other than a Planning and Zoning Board meeting regarding the Harmony Corridor Plan amendment pertaining to the topic of the Lifestyle Shopping Center. He stated the Code states any person who believed that a Councilmember or Board or Commission member has violated any provision of State law or the Charter or Code pertaining to ethical conduct may file a complaint with the Mayor. He stated the complaint had been placed on the agenda for this regular meeting. He stated the Council must decide by majority vote whether to submit the complaint to the Ethics Review Board for an advisory opinion or determine if the matter could be decided by a majority vote on a motion. He stated the Council's other options were to do 81 August 19, 2003 nothing,to direct the Council liaison to the Planning and Zoning Board to discuss the issue with the Board, or to send a letter from the Council to the Board requesting that its members adhere to the recommendations received from the City Attorney's office, or to request that the City Attorney's office conduct a workshop with the Board to discuss the issue, or to take some other type of action. Mikal Torgerson, Planning and Zoning Board chairman, spoke regarding the chronology of events regarding the alleged ex parte contact. He stated this situation involved the attendance of a Board member at a public open house related to a subarea plan, which is a legislative matter. Jerry Gavaldon, 1252 Solstice Lane, Planning and Zoning Board member, stated he brought the concern before the Council. He stated had Ms. Craig disclosed at the June Board meeting that she did attend the Lifestyle Center open house,this complaint would not have been necessary. He stated the rules of ex parte contact provide that any such contact must be disclosed. He stated the Board will see the Lifestyle Center as part of the ODP and PDP. He stated the memo from the City Attorney's office came out on the same day as a Board meeting. He stated it would have been appropriate for Ms. Craig to disclose that she attended the open house. He stated Board members were bound by the process to be extremely careful regarding ex parse contact so that the Board can be objective in its decisions. Mayor Martinez asked if it was an issue to disclose attendance at a neighborhood meeting. City Attorney Roy stated his office had made a recommendation regarding the matter to Boards and Commissions functioning in a quasijudicial capacity. Mayor Martinez asked if it was a requirement. City Attorney Roy stated it was advisable under the case law relating to the due process rights of the parties who are affected by a quasijudicial decision. He stated it was the interpretation of his office that in order to preserve the impartiality of the decision-making body,exparte contacts should be avoided,and in order to ensure that quasijudicial decisions are based upon the record at the hearing before the body, it would be good for Boardmembers to limit themselves to that information. He stated if decision makers are privy to information that other decision makers may not have and that the parties-in-interest may not know about, it is the recommendation of his office to put that on the record so that everyone is aware of it and has a right to speak to it. He stated his office believes that this is advisable in order to preserve the integrity of the decision and not make it subject to challenge and to protect the due process rights of the parties involved. He stated he viewed this as being different than a question of ethical misconduct. He stated ethical rules were contained in the City Charter and related to situations in which decision makers should not participate in a decision because they have something personally to gain from a decision,i.e.,a financial or personal interest in which the decision maker would profit in someway from the decision. He stated the question of trying to make a group-defensible decision was important and that there are guidelines as to how that should happen. He stated the recommendation of the City Attorney's office is to avoid conversations or situations in which you are gathering information relating to a legislative act or a closely tied quasijudicial decision. 82 August 19, 2003 Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to send a letter from the Council to the Planning and Zoning Board requesting that its members adhere to the recommendations that the Board has received from the City Attorney's office in lieu of sending the matter to the Ethics Review Board. Mayor Martinez asked when the neighborhood meeting was held. Mr.Torgerson stated the meeting was held on Wednesday, June 4 and that the Planning and Zoning Board meeting was held in an informal context on June 5. Mayor Martinez asked if Ms. Craig disclosed her attendance at the neighborhood meeting at the formal Board meeting in July. Mr. Torgerson replied in the negative. Mayor Martinez asked how it was known that Ms. Craig attended the neighborhood meeting. Mr. Torgerson stated it was disclosed informally at the meal before the Board meeting. Mayor Martinez asked if the Code or the City Attorney's recommendation indicated how the information should be disclosed. City Attorney Roy stated the recommendation of his office is that there are two alternative ways to handle this: (1) to either avoid attending this kind of meeting; or (2)if the meeting is attended,disclose the attendance on the record at the hearing where the decision was to be made. Mr. Torgerson stated the Board did take this very seriously and that he appreciated the motion that was on the table. He stated the Board anticipated a long discussion on this issue at its next work session. Councilmember Tharp asked if the Planning and Zoning Board had dealt with the Harmony Corridor issue. Mr. Torgerson stated occurred in July. Councilmember Weitkunat stressed the importance of sending a strong letter to the Planning and Zoning Board. She expressed concern regarding the timetable of events in this situation. Councilmember Kastein expressed appreciation for the hard work of the Planning and Zoning Board and stated the intent was that the Planning and Zoning Board follow the same rules with regard to ex parse contacts as the Council. Councilmember Tharp spoke regarding the difficulty of hearing direct input from neighborhoods when one is in a quasijudicial position. Mayor Martinez spoke regarding the importance of taking the City Attorney's advice to avoid questions regarding quasijudicial decisions. He stated the letter needed to be crafted with clarity. The vote on the motion was as follows: Yeas: Councilmembers Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. 83 August 19, 2003 THE MOTION CARRIED Continuation of Discussion Regarding the I-25 Subarea Plan ("Secretary's Note: This discussion is a continuation of the discussion held prior to the previous agenda item.) Councilmember Roy expressed concerns relating to the language of Resolution 2003-095 regarding the Growth Management Area and the scope and size of the study area. He also expressed concerns regarding the language in the Executive Summary in the agenda item summary that referred to the size of the planning area. He asked if approval of the Resolution and the Ordinance would be approval of areas outside of the Growth Management Area as part of the subarea plan. Councilmember Weitkunat stated the introduction of the Plan specifically states that the Subarea Plan contains approximately 8.7 square miles in the Growth Management Area. City Attorney asked if the question was whether several square miles outside of the GMA will fall within the scope of the Plan. Councilmember Roy stated that was his question. City Manager Fischbach stated staff could look at this issue before Second Reading of the Ordinance. Councilmember Roy expressed concern that some of the statements that had been clearly made by Council in recent months had not yet been heard by staff. Paul Eckman, Deputy City Attorney, stated the Executive Summary of the agenda item summary was not the important document and that the language of the Plan was the important issue. Waido stated the Plan boundary did not extend outside of the Growth Management Area boundary. Councilmember Roy asked if the City Attorney agreed with Mr. Waido's statement. City Attorney Roy stated there appeared to be an inconsistency between the agenda item summary and the Plan but that what mattered was the Plan. He stated if the Ordinance passed on First Reading that staff could review the issue of whether any portion of the adopted plan was outside of the GMA before Second Reading. He stated the Plan was the controlling document rather than the agenda item summary. Councilmember Roy asked if the Plan introduction was clear on the matter. Eckman stated Council could give direction that any adoption of the Plan should be conditioned on amending the language to clearly reflect the boundary of the Plan area. Councilmember Roy asked for clarification about the feathering of densities. Waido spoke regarding zoning designations set out in the Plan. Councilmember Roy asked about the density where the 2,500 rooftops would be. W aido stated most of the area is developed and that two properties are undeveloped and spoke regarding the potential 84 August 19, 2003 density. City Manager Fischbach stated there would be 500 units on roughly 100 acres and stated there was no differentiation between new and existing units. Mayor Martinez asked if the Subarea Plan went against the idea of separators. Waido stated community separators would be allowed. Mayor Martinez asked if road networking would interfere with conservation possibilities. Jackson stated there would be no interference in his opinion. Mayor Martinez asked for confirmation that most of the roadway costs would be paid for by development impact fees. Jackson replied in the affirmative. Mayor Martinez asked about future plans for the City's property at the comer of Prospect and I-25. City Manager Fischbach stated the 25-acre property was for sale and the City was taking bids. Mayor Martinez asked long the property had been for sale. City Manager Fischbach stated it had been for sale for a month to a month and a half. Mayor Martinez asked about the zoning for that property. City Manager Fischbach stated it was zoned Commercial and that the assumption was that it would be sold to a developer for Commercial development. He stated the remaining 157 acres are being sold to the Natural Resources Department and that was the agenda item that was deferred earlier in the meeting. Mayor Martinez asked if staff implemented any of the ideas and suggestions that came from Boards and Commissions and citizens during the three-year review process. Waido replied in the affirmative. City Manager Fischbach noted that everything directed by the Council at the study session was implemented in the Plan. Councilmember Hamrick asked if the population estimate for the Subarea Plan included any type of housing that may be included in Employment or Commercial areas. Waido replied in the negative. Councilmember Hamrick asked how much housing could develop in the Commercial zone. Waido spoke regarding the allowed density of development. Councilmember Hamrick asked if high density is a possibility in those areas. Waido replied in the affirmative. Mayor Martinez requested clarification regarding the location of the Interchange Business Park area. Waido presented visual information regarding that area and the surrounding area. Mayor Martinez asked if there would be opportunities for voluntary annexation of some of the properties. Waido spoke regarding contiguity requirements for annexation. 85 August 19, 2003 Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Resolution 2003-095 with revised language in the Plan to clarify that the Subarea Plan area does not include properties outside of the Growth Management Area. Councilmember Roy stated this is the wrong plan for this area. He expressed concern that the Boxelder Creek was given a low level of priority by staff and that the Plan was based on the expansion of roadways without regard for low densities or feathering of the eastern border. He stated this was not responsible growth management and expressed concerns regarding the staff work presented to the Council. He stated this plan would have a tremendous cost to the City and this plan appears to be a growth subsidy for developers at the expense of the taxpayers. Councilmember Weitkunat spoke in support of the Resolution. She stated there have been three years of meetings and feedback on this Plan. She noted that all subarea plans had controversy regarding growth and sprawl and that it was necessary to come up with a plan to achieve the City's goals. She stated a subarea plan deals with the growth management issues that have been addressed. She stated she believed that the majority of the community was in favor of the Plan and noted that the Planning and Zoning Board was in favor of moving forward with the Plan. She stated any plan can be modified and that this was the place to start. She spoke against "stacking people on top of each other" in order to reduce the size of the community. Councilmember Hamrick stated he would not support the motion. He said that it was sprawl to cross the Interstate to the east. He stated surveys have shown that there are community concerns about sprawl and crossing the Interstate. He stated this threatened a sense of community and expressed concerns that the area east of the Interstate would not have the same level of services or the same quality of life as the west side. He stated the Plan did not sufficiently protect Boxelder Creek and that the Commercial zoning on the southeast corner of Prospect was overzoned. He stated he had reservations about community separators when the Plan focused on high densities. He stated he would like to see changes made to the Plan and have it brought back again. Councilmember Tharp stated the Council had given direction regarding issues to be addressed by the Plan and that those issues were addressed. She stated many questions had been raised during the process and that she believed that staff had answered those questions. She stated Council must be vigilant as development takes place in the area and must monitor whether implementation matches the Council's understanding of the Plan. She stated she would support the Plan. She stated she had some concerns about enough land for primary jobs. Councilmember Kastein stated the Council must decide whether to be involved in what is happening across I-25 and whether City policies and principles should be applied to that area. He stated he did not have a problem in understanding that the planning study area was larger than the subarea plan area. He stated he believed that the issues that had been raised by citizens were addressed. He stated he had concerns about residential development and about what property owners want to do. He stated this plan went a long way toward addressing his concerns and that it represented a compromise between the desires of property owners and what would be of benefit to the City. He stated he 86 August 19, 2003 reviewed the advice received from Cityboards and that he was troubled by the Air Quality Advisory Board's focus on transportation rather than air quality issues. He stated staff followed the direction received from Council. He stated it was time to move forward with this plan. Mayor Martinez stated there was a reference to staff not answering a letter from the Natural Resources Advisory Board and that letter was addressed to Council rather than to staff. He stated further that the letter was full of statements and conclusions rather than questions. He stated there was a statement that more money needed to be put back into the community and he questioned how to do that without improving and allowing business to develop. He stated"sprawl at its best"could be seen at the intersection of I-25 and Highway 34. He stated he did not see this plan as sprawl and that three years of work was put into this plan. He stated the Plan was well done and stated the issue was how a neighborhood was built rather than where it was built. He made reference to the letter received from the Chamber of Commerce. The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick and Roy. THE MOTION CARRIED Councilmember Weitkunat made a motion,seconded byCouncilmember Tharp,to adopt Ordinance No. 120, 2003 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick and Roy. THE MOTION CARRIED Resolution 2003-096 Adopting the City Council's 2003-2005 Policy Agenda, Carried Over. Mayor Martinez stated there was not enough time remaining to discuss this item. City Manager Fischbach stated this would appear as the first discussion item on the next agenda. Adjournment The meeting adjourned at 11:50 p.m. Mayor ATTEST: City Clerk 87