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HomeMy WebLinkAboutMINUTES-08/15/2000-RegularAugust 15, 2000 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 15, 2000, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Councilmembers Absent: Wanner Staff Members Present: Fischbach, Krajicek, Eckman. Citizen Participation Jim White, Denver Regional Census Center, stated that the City's initial census response rate was 74%,thanked staff members Ken Waido and Kelly DiMartino for their work on the census, and presented a plaque to the City. He also recognized the involvement of Paul Delagarza as the City's Complete Count Committee chairperson. Yolonda C. Nicely, 517 East Trilby Road #103, spoke regarding the need for more respect for truckers as they go about their work on large projects in the community. She also spoke about water resource management and conservation. Citizen Participation Follow-up Councilmember Bertschy requested a two -page memo regarding the City's water supply. City Manager Fischbach spoke regarding the excess water available to the City. Councilmember Byrne asked that the two -page memo requested by Councilmember Bertschy include a timeline for the update to the 20-year plan. Agenda Review City Manager Fischbach noted that a revised resolution has been prepared for item #38 Resolution 2000-109 Establishing the Meaning of a "Valid Development Application" for the City of Fort Collins under Proposed Initiative #256, "Citizen Management of Growth," and that item #39 First Reading of Ordinance No. 113, 2000, Authorizing the Conveyance of Non-exclusive Easement Interests for the Construction of an Offsite Sewer Line Related to the Linden Park Development in Fossil Creek Wetlands Natural Area has been withdrawn from the agenda and will be scheduled for September 5 at the request of the petitioner. August 15, 2000 Charlene Horton, 2750 Pleasant Valley Road, withdrew item #22 First Reading of Ordinance No. 104, 2000, Amending Article III of Chapter 20 of the City Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code, But Allowing Certain Ornamental Grasses to be Exempt from the Grass Height Limitation from the Consent Calendar. CONSENT CALENDAR Consideration and approval of the Council Meeting minutes of July 18, 2000, and the adioumed meeting minutes of June 11, 2000. 8. Second Reading of Ordinance No. 85, 2000, Desi ng atina the Marsh/Geist House and Garage 1006 LaPorte Avenue, Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Tim Hackett, initiated this request for Fort Collins landmark designation for the Marsb/Geist House and Garage. Ordinance No. 85, 2000, was unanimously adopted on First Reading on July 18, 2000. 9. Second Reading of Ordinance No. 86, 2000, Designating the Franz -Smith Cabin, Fort Collins Museum 200 Mathews Street, Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, the City of Fort Collins, initiated this request for Fort Collins landmark designation for the Franz -Smith Cabin. This building is important for its architectural and historical significance to Fort Collins. Ordinance No. 86, 2000, was unanimously adopted on First Reading on July 18, 2000. 10, Items Relating to Calling a Special Election for November 7, 2000, and Placing Proposed Charter Amendments on Said Ballot. A. Second Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be Held in Conjunction with the November 7, 2000 Larimer County General Election. B. Second Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. C. Second Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City Charter, Pertaining to Residency Requirements. 447 August 15, 2000 Ordinance No. 87, 2000, which was unanimously adopted on First Reading on July 18, 2000, calls a Special Municipal Election to be held in conjunction with the November 7, 2000 Latimer County General Election. Ordinance No. 88, 2000 and Ordinance No. 89, 2000, which were also unanimously adopted on First Reading on July 18, 2000, place individual Charter amendments on the November 7, 2000 Special Election ballot. 11. Second Reading of Ordinance No. 90, 2000, Authorizing the Mayor to Execute a Deed Establishine and Limiting Rights of Access Along a Certain Portion of State Highway No. 68 (Harmony Road), and Accepting a Quit Claim from the Colorado Department of Transportation to the City Eliminating Existing Rights and Limitations of Access. This Ordinance, which was unanimously adopted on First Reading on July 18, 2000, authorizes the Mayor to execute the warranty deed establishing the new A -Line access rights and limitations and also accepts the warranty deed from CDOT eliminating the prior access rights and limitations. Each deed is dependent upon the other and without one the other cannot be delivered. 12. First Reading of Ordinance No. 93, 2000, Appropriating Unanticipated Revenue in the Transit Services Fund for Transfer to the Capital Projects Fund Transit Center Capital Project. On June 20, 2000, Council adopted Ordinance No. 78, 2000, authorizing the transfer of $1,698,400 from the Transit Services Fund to the Capital Projects Fund for the completion of the Downtown Transit Center. Only $300,000 of the federal funds has been appropriated, and this Ordinance appropriates the remaining $1,398,400 of unanticipated federal funds for the transit project. The project is scheduled to (1) be bid in September 2000; (2) start construction in November 2000; and (3) be open for operation in June 2001. 13. First Reading of Ordinance No. 94, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund 1/4 Cent Building Community Choices Natural Areas Capital Proiect to be used for Environmental Education Projects. In July 1996, the City Council adopted Resolution 96-85, supporting the Poudre/Big Thompson Legacy Grant Application. From that application, Great Outdoors Colorado awarded $3.4 million. The $50,000 for which appropriation is requested is an element of that grant covering education/interpretation features in the Fort Collins area. The $50,000 will be appropriated in the Natural Areas Quarter -Cent Building Community Choices fund education project. August 15, 2000 14. First Reading of Ordinance No. 95, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. Pursuant to Resolution 99-97, the City contracted with Colorado State University for visitor center space at the Environmental Learning CenterNisitors Center to the south of Prospect Road, approximately one -quarter mile west of Interstate 25. The City, in its effort to welcome visitors to Fort Collins through the activities of its convention and visitor services contractor, the Fort Collins Convention and Visitors Bureau (the "CVB"), will use the space for the Fort Collins Welcome Center. The CVB, in addition to promoting tourism activity, will operate the Welcome Center pursuant to amendments to the City's agreement with CVB, and consistent with the City s grant agreement with the State of Colorado. 15. First Reading of Ordinance No. 96, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. Fort Collins Build a Generation (FCBG), in collaboration with Healthier Communities Coalition, is committed to using risk -focused prevention and the results of its planning process as the primary tool to determine what strategies, programs, policies, and resources should be deployed to decrease risk and enhance protection for Fort Collins' youth. FCBG's risk assessment conducted in 1996 indicated that family management problems, family conflict, and the early initiation of problem behavior put youth in Fort Collins at risk for becoming pregnant, dropping out of school, engaging in delinquent behavior, using and/or abusing drugs and alcohol and witnessing or engaging in violent behaviors. Build a Generation will use this funding year to finalize the development and implementation of a comprehensive, strategic prevention plan. 16. First Reading of Ordinance No. 97, 2000, Appropriating Funds from the Affordable Housing Fund for an Impact Fee Rebate Payment for the Bull Run Apartments Affordable Housing Project. The City has received an application for a development impact fee rebate for $207,450 from the Brisben Company for its Bull Run Apartments affordable housing project. The current balance of available appropriations for development fee impact rebates is $117,215. Additional funds in the amount of $90,235 are needed to provide the eligible development impact fee rebate for the project. The $90,235 needed to provide the eligible rebate is available in the General Fund's Affordable Housing Fund prior year reserves. Article V, Section 9, of the Charter of the City of Fort Collins authorizes the City Council to provide by ordinance for payment of any expense from reserves accumulated in prior years notwithstanding that such reserves were not appropriated for expenditure in the annual appropriation ordinance. 449 August 15, 2000 17. First Reading of Ordinance No. 98, 2000, Appropriating Unanticipated Revenue in the General Fund for the Human Rights Office. The Human Rights Office has received an anonymous donation of $50,000 to fund a contractual position for one year. This contractual position will be charged with developing and coordinating a year -long youth program that will develop leaders and community builders in the City of Fort Collins from under -represented, non-traditional youth leaders. In addition, this position will be preparing and conducting presentations and educational programs on topics such as diversity and multiculturalism for public and private sector groups. This position, among other things, will also be planning, promoting and coordinating community programs and projects such as Martin Luther King Jr. Day and Cinco de Mayo, and will conduct ongoing research for additional and continuous financial program assistance. 18. Items Relating to the Railroad Crossing at Trilby Road East of Shields Street. A. Resolution 2000-98 Authorizing the City Manager to Enter into an Agreement with the Burlington Northern Santa Fe Railway Company for Upgrading the Crossing Material at the Trilby Road/BurlingtonNorthern Santa Fe Railroad Crossing Located East of Shields Street. B. First Reading of Ordinance No. 99, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to be Used for Upgrading the Railroad Crossing Material at the Trilby Road/Burlington Northern Santa Fe Railroad Crossing Located East of Shields Street. As part of the requirements for off -site street improvements required of the Registry Ridge P.U.D. development project, the Developer is required to pay for 100% of the cost to upgrade the crossing material at the Trilby Road/Burlington Northern Santa Fe Railroad (BNSFRR) crossing located east of Shields Street. To pay for the improvements, the Developer has deposited $40,000 with the City to cover the cost. The estimated cost for the improvements estimated by the BNSFRR, is $35,040. Any funds remaining will be returned to the Developer. The installation of the crossing material will be done by the BNSFRR. The funds received from the Developer will be used to reimburse the BNSFRR for its work. 19. First Reading of Ordinance No. 100, 2000, Amending Article V, Section 23-156 of the Citv Code and Repealing Certain Rules and Regulations Relating to the Abandonment of Burial Spaces at Grandview and Roselawn Cemeteries. This Ordinance will allow the cemeteries to reclaim approximately 1,800 grave spaces in which no interment has occurred and no perpetual care fee has been paid. Most of these 450 August 15, 2000 graves spaces were sold before 1926 and the owners, heirs or assigns of these spaces have not contacted the Cemetery to date. 20. Items Concerning Payment of Additional Water and Sewer Plant Investment Fees. A. First Reading of Ordinance No. 101, 2000, Amending Section 26-120 of the City Code Concerning Additional Payment of Water Plant Investment Fees When Initial Payment Miscalculated. B. First Reading of Ordinance No. 102, 2000, Amending Section 26-283 of the City Code Concerning Additional Payment of Sewer Plant Investment Fees When Initial Payment Miscalculated. The process used to determine water and sewer plant investment fees for large water and wastewater users depends on an engineering analysis submitted by the user. Utilities staff calculate the fees based on this submittal. While in the vast majority of situations this process is effective and results in accurate PIFs, there is the possibility that good -faith information provided by a user will prove to be incorrect. Once a facility is built, and the user begins operation, actual use characteristics may not be as originally projected. As a result, the user may owe additional PIFs. This situation currently exists. These Ordinances authorize the General Manager of Utility Services to allow the user to pay the additional PIFs over time under reasonable terms and conditions. These Ordinances also make it unlawful for any person to knowingly provide false, inaccurate or fraudulent information to be relied upon by the Utilities when calculating a user's PIR 21. First Reading of Ordinance No. 103, 2000, Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women. At its July 24, 2000 meeting, the Commission on the Status of Women (COSW) voted unanimously to recommend a reduction in the membership of the Commission from 13 members to 11 members. This Ordinance, if adopted, will reduce the membership of the Commission effective September 15, 2000 (10 days following final adoption of the Ordinance on second reading on September 5, 2000). CFll1 August 15, 2000 22. First Reading of Ordinance No. 104, 2000, Amending Article III of Chapter 20 of the City Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code, But Allowing Certain Ornamental Grasses to be Exc=tt from the Grass Height Limitation. After reviewing the Xeriscape certification program, the City Manager and staff have determined that the program should be discontinued. However, while reviewing the xeriscape certification and grass height variance issue, it became evident that ifthe xeriscape variance was eliminated that there would still be the need to find a way to allow ornamental grasses. Ornamental grasses are popular landscape accents and most of them grow taller than six inches and are harmed by mowing. Currently, the City Code limits the height of all grasses to six inches. Therefore, while the proposed Ordinance would eliminate the Xeriscape Certification Program, it would also permit certain ornamental grasses to be exempt from the six (6) inch grass height limitation. 23. Items Relating to the Hearthfire Way Annexation and Zoning. A. Resolution 2000-99 Setting Forth Findings of Fact and Determinations Regarding the Hearthfire Way Annexation and Zoning. B. First Reading of Ordinance No. 105, 2000, Annexing Property Known as the Hearthfire Way Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 106, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hearthfire Way Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 3.21 acres located on the south side of Douglas Road (County Road 54), east of County Road 13, and west of County Road 11. The existing Hearthfire PUD (in the City of Fort Collins) is to the south. The property is a constructed roadway and presently serves as the access to the existing Hearthfire PUD. The requested zoning for this annexation is UE — Urban Estate. The surrounding properties are zoned O - Open (to the north, in Larimer County), FAl- Farming (to the east, in Larimer County), FA- O - Farming (to the west, in Larimer County), and UE (to the south). Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. 452 August 15, 2000 APPLICANT: March & Liley, P.C. c/o Lucia Liley 110 East Oak Street, Suite 2000 Fort Collins, CO 80524 OWNER: Hearthfire, Inc. 11941 West 48th Avenue Wheatridge, CO 80033 24. Items Relating to the Riverbend Third Annexation and Zoning. A. Resolution 2000-100 Setting Forth Findings of Fact and Determinations Regarding the Riverbend Third Annexation and Zoning. B. First Reading of Ordinance No. 107, 2000, Annexing Property Known as the Riverbend Third Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 108, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverbend Third Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 1.25 acres located on the south side of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Club Gardens Nursery operation and is in the FA — Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN — Low Density Mixed -Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. APPLICANT: Riverbend Farms c/o Stewart & Associates 103 South Meldrum Street Fort Collins, CO 80521 OWNER: Riverbend Farms 110 East Oak Street, Suite 200 Fort Collins, CO 80524 453 August 15, 2000 25. Items Relating to the Trilby Heights Sixth Annexation and Zoning. A. Resolution 2000-101 Setting Forth Findings of Fact and Determinations Regarding the Trilby Heights Sixth Annexation and Zoning. B. First Reading of Ordinance No. 109, 2000, Annexing Property Known as the Trilby Heights Sixth Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 110, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Heights Sixth Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 6.54 acres located on the west side of South Shields Street and south of Trilby Road. The property is partially developed as a roadway (Trilby Road), and the remainder is undeveloped. It is in the FA1 — Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN — Low Density Mixed -Use Neighborhood and UE — Urban Estate. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. APPLICANT: March & Liley, P.C. c/o Lucia Liley 110 East Oak Street, Suite 200 Fort Collins, CO 80524 OWNER: Dalco Land, L.L.C. c/o U.S. Homes Corporation 6000 Greenwood Plaza Boulevard, Suite 200 Englewood, CO 80111 26. First Reading of Ordinance No. 111. 2000, Designating the S. A. Johnson House, 623 Mathews Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Lori Thompson, is initiating this request for historic landmark designation for the S. A. Johnson House. This building is significant to Fort Collins as a good example of the Classic Cottage architectural style. The home is listed on the National Register of Historic Places as a contributing element of the Laurel School National Register District, established in 1980. 454 August 15, 2000 27. Resolution 2000-102 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County for the Provision of Social and Human Services During the Second Half of Calendar Year 2000. This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the purpose of providing social and human services to the City of Fort Collins for the second half of 2000. The intergovernmental agreement allocates the remaining portion of the funds appropriated in the 2000 budget for these purposes. Since 1981, the Cityhas contracted with Latimer County to allocate and administer the distribution of human services funds via the Human Resource Grant Program administered by the County. 29. Resolution 2000-104 Appointing a Representative to the Latimer County Open Lands Advisory Board. In the November 1995 election, the voters of Latimer County approved the "Help Preserve Open Spaces" initiative for a county -wide 1/4-cent sales and use tax specifically earmarked for open space, natural areas, wildlife habitat, regional parks and trails. The initiative requires the Latimer County Board of Commissioners to create an Open Lands Advisory Board to make recommendations regarding the County's share of the sales and use tax. The initiative stipulates that the Advisory Board "at a minimum shall consist of one (1) elected official or appointee from the municipalities of Berthoud, Estes Park, Fort Collins, and Loveland; one (1) member from the Larimer County Planning Commission; and four (4) citizens appointed at large". On March 5, 1996 Council adopted Resolution 96-36 appointing Tom Shoemaker as the City's representative. The Latimer County Commissioners Office has informed the City that Mr. Shoemaker's term has expired and has requested that the City appoint a representative to serve until June 30, 2003. This Resolution reappoints Tom Shoemaker, Natural Resources Director, as the representative of the City of Fort Collins to the Larimer County Open Lands Advisory Board. 30. Resolution 2000-105 Making an Appointment to the Natural Resources Advisory Board. A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of Richard Harness. Councilmembers Bertschy and Byrne reviewed the applications on file and are recommending Linda Knowlton to fill the vacancy with a term to begin immediately and set to expire on December 31, 2004. 455 August 15, 2000 31. Resolution 2000-106 Making an Appointment to the Urban Growth Area Review Board. The Intergovernmental Agreement between the Larimer County Commissioners and the Fort Collins City Council established a Fort Collins Urban Growth Area Review Board to act as the single recommending body to the Commissioners concerning development applications for properties located within the unincorporated portions of the UGA that are ineligible for voluntary annexation into the city. The Board consists of two members appointed by the City Council, two members appointed by the County Commissioners, and three members appointed by mutual agreement of the Council and the Commissioners, who shall be residents of the Urban Growth Area (the area between the City limits and the Urban Growth Area boundary). There is currently one vacancy on the UGA Review Board requiring Council action. Larimer County did not receive a sufficient number of applications to fill the three joint City/County vacancies during last year's recruitment. In order for the Urban Growth Area Review Board to have a quorum at its meetings, two appointments were made last year. Recruitment efforts were continued by Larimer County and the Commissioners and Councilmember Mason are recommending Mary Warring to fill the remaining vacancy. 32. Routine Deeds and Easements. A. Deed of dedication for easement for a permanent utility easement from Sharp Point Properties, LLC, located south of Prospect Avenue and east of Midpoint Drive. Monetary consideration: $10. B. Deed of dedication for a slope and grading easement from James E. and Christy A. Famell, located on Shields between Trilby and Harmony. Monetary consideration: $10. C. Deed of dedication for a slope and grading easement from Wayne and Mary E. Specht, located on Magnolia and 12th Street. Monetary consideration: $10. D. Deed of dedication for a drainage and utility easement from The Writer Corporation, located north of County Road 36 and west of County Road 9. Monetary consideration: $10. E. Deed of dedication for right-of-way from Meldrum Properties, Inc., located west of Mitchell Drive on College Avenue, south of Horsetooth Road. Monetary consideration: $10. 31. August 15, 2000 F. Deed of dedication for right-of-way from A Simpleton Partnership, LLC, located on Riverside Avenue, east of Lemay Avenue. Monetary consideration: $10. G. Deed of dedication for easement from Evermark, LLC, located on College and Foothills Parkway. Monetary consideration: $10. H. Easement for construction and maintenance of public utilities from Kathleen Washecka, to underground electric services, located at 209 North Grant. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No. 85, 2000, Designating the Marsh/Geist House and Garage 1006 LaPorte Avenue Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 9. Second Reading of Ordinance No. 86, 2000, Desi ng ating the Franz -Smith Cabin, Fort Collins Museum 200 Mathews Street, Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 10. Items Relating to Calling a Special Election for November 7 2000 and Placing Proposed Charter Amendments on Said Ballot. A. Second Reading of Ordinance No. 87, 2000, Calling a Special Municipal Election to Be Held in Conjunction with the November 7, 2000 Larimer County General Election. B. Second Reading of Ordinance No. 88, 2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. C. Second Reading of Ordinance No. 89, 2000, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV of the City Charter, Pertaining to Residency Requirements. 11. Second Reading of Ordinance No. 90, 2000, Authorizing the Mayor to Execute a Deed Establishing and Limiting Rights of Access Along a Certain Portion of State Highway No. 68 (Harmony Road) and Accepting a Quit Claim from the Colorado Department of Transportation to the City Eliminating Existing Rights and Limitations of Access. 457 August 15, 2000 40. Items Relating to the Licensing and Regulation of Pawnbrokers and Secondhand Dealers. A. Second Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of the City Code Relating to Pawnbrokers. B. Second Reading of Ordinance No. 92, 2000, Amending Chapter 15, Article XI, of the City Code Relating to Secondhand Dealers. 41. Second Reading of Ordinance No. 84, 2000, Amending Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements for the Locust Street Outfall Project. Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. First Reading of Ordinance No. 93, 2000, Appropriating Unanticipated Revenue in the Transit Services Fund for Transfer to the Capital Projects Fund Transit Center Capital Project. 13. First Reading of Ordinance No. 94, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund 1/4 Cent Building Community Choices Natural Areas Capital Project to be used for Environmental Education Projects. 14. First Readiniz of Ordinance No. 95, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for the Operation of the Fort Collins Welcome Center. 15. First Reading of Ordinance No. 96, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for Fort Collins Build a Generation. 16. First Reading of Ordinance No. 97, 2000, Appropriating Funds from the Affordable Housing Fund for an Impact Fee Rebate Payment for the Bull Run Apartments Affordable Housing Project. 17. First Reading of Ordinance No. 98, 2000, Appropriating Unanticipated Revenue in the General Fund for the Human Rights Office. 18. Items Relating to the Railroad Crossing at Trilby Road East of Shields Street. B. First Reading of Ordinance No. 99, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to be Used for Upgrading the Railroad Crossing Material at the Trilby Road/Burlington Northern Santa Fe Railroad Crossing Located East of Shields Street. ER-1 August 15, 2000 19. First Reading of Ordinance No. 100, 2000, Amending Article V. Section 23-156 of the City Code and Repealing Certain Rules and Regulations Relating to the Abandonment of Burial Spaces at Grandview and Roselawn Cemeteries. 20. Items Concerning Payment of Additional Water and Sewer Plant Investment Fees. A. First Reading of Ordinance No. 101, 2000, Amending Section 26-120 of the City Code Concerning Additional Payment of Water Plant Investment Fees When Initial Payment Miscalculated. B. First Reading of Ordinance No. 102, 2000, Amending Section 26-283 of the City Code Concerning Additional Payment of Sewer Plant Investment Fees When Initial Payment Miscalculated. 21. First Reading of Ordinance No. 103, 2000, Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women. 22. First Reading of Ordinance No. 104, 2000, Amending Article IN of Chapter 20 of the City Code to Eliminate Xeriscane Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code, But Allowing Certain Ornamental Grasses to be Exempt from the Grass Height Limitation. 23. Items Relating to the Hearthfire Way Annexation and Zoning. B. First Reading of Ordinance No. 105, 2000, Annexing Property Known as the Hearthfire Way Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 106, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hearthfire Way Annexation to the City of Fort Collins, Colorado. 24. Items Relating to the Riverbend Third Annexation and Zoning. B. First Reading of Ordinance No. 107, 2000, Annexing Property Known as the Riverbend Third Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 108, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverbend Third Annexation to the City of Fort Collins, Colorado. 459 August 15, 2000 25. Items Relating to the Trilby Heights Sixth Annexation and Zoning. B. First Reading of Ordinance No. 109, 2000, Annexing Property Known as the Trilby Heights Sixth Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 110, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Trilby Heights Sixth Annexation to the City of Fort Collins, Colorado. 26. First Reading of Ordinance No. 111. 2000, Designating the S. A. Johnson House, 623 Mathews Street as a Historic Landmark Pursuant to Chapter 14 of the City Code. 37. Items Relating to the Proposed Roundabout at the Intersection of State Highway 14 and Lemay Avenue. B. First Reading of Ordinance No. 112, 2000, Appropriating Unanticipated Revenue in the Transportation Services Fund State Highway 14 and Lemay Avenue Intersection Project. Councilmember Kastein made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Councilmember Weitkunat noted that item #21 First Reading of Ordinance No. 103, 2000, Amending Section 2-167 of the City Code Relating to Membership of the Commission on the Status of Women reduces the number of members on the commission at the request of the commission. She also spoke regarding item #31 Resolution 2000-16 Making an Appointment to the Urban Growth Area Review Board and noted that the appointee is already a member of another City board. City Manager Fischbach stated that the UGA Review Board is a County board. Councilmember Byrne spoke regarding item #12 First Reading of Ordinance No. 93, 2000, Appropriating Unanticipated Revenue in the Transit Services Fund for Transfer to the Capital Projects Fund Transit Center Capital Project and item #19 First Reading of Ordinance No. 100, 2000, Amending Article V, Section 23-156 of the City Code and Repealing Certain Rules and Regulations Relating to theAbandonment ofBurial Spaces at Grandview and Roselawn Cemeteries. 460 August 15, 2000 Staff Reports City Manager Fischbach reported pursuant to Code requirements regarding an emergency purchase for the installation of fiber optics conduit and cable for the advanced traffic management system by McLeod Communications. Councilmember Reports Councilmember Byrne reported regarding discussions of the North Front Range Transportation and Air Quality Planning Commission concerning the 2025 plan and transportation model, rules for ranking projects, and a study of funding options. Councilmember Weitkunat reported on discussions of the Growth Management Committee regarding the Mason Street Corridor and the Mulberry Street Corridor Plan. She also commented regarding the opportunity to interact with the neighborhoods during National Night Out. Resolution 2000-107 Determining the Design, Cost and Scheduling of the Taft Hill Road Improvements as Authorized Pursuant to Ordinance No. 31,1997, Adopted The following is staff s memorandum on this item. "Financial Impact The project was originally scoped and budgeted using Drake Road as a northern limit and Derby Court as a southern limit. The design has revealed that the limits need to be extended on both ends. The north side of the Drake/Taft intersection must be rebuilt. This will ensure that the intersection is symmetrical and operates safely. The project will then extend about 800' north ofthe intersection (to Valley Forge Avenue) to transition back to the existing road. The southern limit should be extended to Bronson Street to meet existing sidewalk and to complete the median for the entire mile. These extensions do increase the estimated cost for the project, but the increase is offset by the reduction in width from the standard. Therefore, the conceptual design cost estimate for the recommended 100 foot wide alternative (including the north and south additions) is within budget. Executive Summary Fort Collins voters approved the South Taft Hill Road Improvements in 1997. However, the Building Community Choices ballot language states the "design, cost and scheduling" of this project shall be determined by City Council without substantially changing the essential character. The staff recommendations are the result of extensive public outreach and conceptual design 461 August 15, 2000 engineering completed over the last nine months. Staffrecognizes that this project is in an area with established residents and businesses. Staff also recognizes the importance of providing safe and efficient transportation facilities that will meet current and future demands. Staff believes that the recommended 100 foot wide road (including the raised median), with a few isolated modifications to the width, best meets the project objectives. The anticipated schedule calls for completion of design and right-of-way acquisition by early 2001 and construction during 2001 and 2002. The conceptual cost estimate indicates that the project as recommended can be built within budget. BACKGROUND: The Taft Hill Road Improvements are part of the voter -approved "Building Community Choices Program " (BCC) funding package. Appropriated fundingfor the project is $5.9 million. The main goals of the project are to increase roadway capacity and level of service and to improve safety along South Taft Hill Road from Drake Road to Derby Court. Existing Constraints and Design Parameters Approximately 314 of the project is located in Larimer County. This is an "enclave" situation and it is eligible for annexation into the City early in 2001. The area maintains a rural feel and the typical land use consists of single family houses on large lots with some farming and ranching uses still active. There are several combined business/homes in the southern part of the project. The land in the County is zoned FA-1-Farming. When annexed under the City's Structure Plan land west of Taft Hill Road is designated Urban Estate (maximum of2 units/acre) and land east of Taft Hill Road is designated Low -Density Mixed - Use Neighborhood (maximum of 8 units/acre). 2. When the Drake Road Choices 95 project (Drake Road between Taft and Dunbar) was designed and built under the previous 100 foot arterial road standard, the City acquired the anticipated right-of-way needed for the future "Building Community Choices" Taft Hill widening project from two of the property owners just south of the Taft Hill/Drake intersection. This right-of-way is offset 17 feet to the east. 3. On the southern end of the project half the road (including curb, gutter, and detached sidewalk) was built with the adjoining housing development. The right-of-way east of the centerline is 50'. 4. In the area just south of Spring Creek there are six houses very close to the existing roadway. Four of these are on the west side and two are on the east. 5. Current Average Daily Traffic (ADT) is approximately 22, 000 vehicles per day. Projected ADT for year 2020 is approximately 32, 000 vehicles per day. SIVA August 15, 2000 Summary of Key Design Issues Roadway Alignment 1. The Design Team evaluated the advantages and disadvantages of several roadway alignments including a shift to the west, a shift to the east and a "best fit through the center. " 2. The affected residents rejected the "best fit through the center" alternative stating that equally distributing the impacts would be hardest on everyone. 3. The shift to the west would impact four houses requiring the purchase of two houses and impacting two. In addition, it would require an undesirable "S" curve in the roadway to match the existing 17' offset at the Taft/Drake intersection. 4. The Design Team is recommending an alignment shift to the east. Although it will require the purchase of two houses, the Design Team believes it is the alternative that best meets the project objectives while minimizing the impact to nearby residents. Roadway Cross -Section 1. The City of Fort Collins Master Street Plan identifies south Taft Hill Road as an Arterial Street. The current Arterial Street Standard is 115 foot wide. This includes four 12 foot travel lanes, two 8-foot bike lanes, a 19 foot landscaped center median, two 6-foot sidewalks, and two 10 foot parkways. 2. Very early in the process residents expressed concern about the width of the standard and how it would affect their properties. 3. In an effort to balance the long-term effectiveness of the roadway with the local impacts, the Design Team recommended a reduced typical cross-section of 100 feet and modifications to further reduce the width in front of a few properties. The 100 foot section includes all of the components of the arterial standard (sidewalk, parkway, bike lane, travel lanes, and raised landscaped median) reduced in width to the minimum that will still fulf ll the design intent of the standard. 4. In the recommended alternative the typical section is modified at the following locations: in front ofseveral isolated properties to mitigate impacts; at the Drake Road intersection; and, at both ends of the project to transition back to the existing roadway. Access Control 1. The arterial standard includes a raised landscaped median. The median serves to control side access and left turns helping traffic to move more efficiently and minimizing dangerous turning movements. However, the installation ofa median tends to be a controversial issue because it limits access for some properties to a right-in/right-out movement. Staff has prepared an Access Control Plan (ACP) that recommends median breaks at the intersections of Hull Street, Hyline Drive, Falcon Drive, Moffett Drive, and Primrose/Devonshire Drive. Although some residents will be restricted to right-in/right-out, a majority will have access 463 August 15, 2000 to aside street with a median break or a short distance to a legal U-turn. While developing the ACP, staff used the current zoning or structure plan designation to account for future build -out conditions. 2. The residents have identified the median as their primary objectionable issue. Therefore, staff continues to work to find alternate solutions to improve access. These include combining accesses and moving or rebuilding private driveways. Schedule 1. Construction will begin by July 2001 and be completed in 12 to 18 months. Summary of Public Outreach 1. Thisproject affects adjacent residential and businessproperties. The challengefor City staff is to design and build a project that meets the City's transportation and quality goals and is also acceptable to the nearby residents. 2. City staffinitiatedpublic outreach for these projects in September 1999. The process to date has included multiple "one-on-one" meetings with all property owners along the project, neighborhood meetings, a conceptual design public open house (the first of three planned), and coordination with multiple City departments and other affected agencies and businesses. Below is a list of these meetings. Individual Meetings Purpose Date Number ofMtgs Project kick-off and request for right -to -enter September 1999 15 agreements from property owners. Roadway Resident meetings prior to the first April 2000 15 Open House. Pond/Trail Resident meetings following the first June 2000 12 Open House. Miscellaneous informational and requested Ongoing 10 Resident meetings. Total number oflndividual Meetings 52 464 August 15, 2000 Neighborhood Meetings Purpose Date Initial information meeting at the request of the neighborhood. December 1999 Meeting with residents in the vicinity of Hull Street to solicit March 2000 feedback on alignment options. Meeting with Ron Phillips as requested by the Residents. July 2000 Project walk through as requested by the Residents. July 2000 Total number of Neighborhood Meetings 4 Public Meetings Meetnnr Date Initial Open House (attended by approximately 100 people) May, 2000 Natural Resources Board Meeting March 2000 Parks and Recreation Board Meeting July 2000 Council Committee for Growth Management (twice) May & July 2000 Planning and Zoning Board Meeting July 2000 Transportation Board Meeting July 2000 City Council Work Session July 2000 City Council Regular Meeting August 2000 Total number of Public Meetings 9 Staff Recommendation: Staff recommends approval of the following three elements: (1) Design: (a) The 100 foot Typical Cross -Section for the new street. (b) Conceptual Roadway Alignment — a shift to the east on the approach to the Drake intersection is recommended. (c) Authority to modify the typical cross-section to mitigate damages at isolated locations and to transition to existing conditions. (d) Scope revision (to extend the project's limits to approximately 850' north of Drake and 800'south of Derby). EM August 15, 2000 (2) Cost: Preliminary estimates indicate that the approved budget of $5.9 million is sufficient to fund the project as recommended. (3) Schedule: Construction is scheduled to be start no later than July 2001. Construction duration will be approximately eighteen months. Transportation Board Recommendation The Transportation Board voted (6-3) to recommend the 100 foot ROW typical section as proposed by staff with the understanding that negotiations will continue with regard to specific access/issues with property owners. A second motion was made to encourage staff to consider the possibility of additional, flexible alternatives within the 100 foot width of ROW, while maintaining 12 foot lanes at the expense of medians and parkways. That motion failed 3-6. Planning and Zoning Board Recommendation The four members of the Planning and Zoning Board present at the meeting were split on the issue. A motion was made that the 108 foot wide road improvements be recommended to the City Council. This motion had a split decision of 2-2. " John Lang, Engineering and Design Manager and Taft Hill projects lead manager, presented background information regarding the agenda item. He stated that approval is requested for design, cost and scheduling. He described neighborhood concerns regarding issues such as street width and the raised landscape median, and he outlined efforts to work with the neighborhood to revise the proposed design to address some of these concerns. He stated that construction is expected to begin by July, 2001 and should be completed within 18 months. Preliminary estimates indicate that the project can be completed within the appropriated funds of $5.9 million. He stated that Council approval is needed for the proposed cross section and the raised landscape median to enable the project to move forward. Mayor Martinez requested that the map of the 86-foot plan be shown. Bruce Henderson, Transportation Board member, noted that there has already been substantial compromise regarding the proposed project and spoke regarding safety issues and the need to plan for future needs. He asked that the Council support the 100-foot alternative, which was the August 15, 2000 recommendation of the Transportation Board, provided that staff would continue to work with the neighborhood on access issues. Jerrold Mead, owner of property on South Taft Hill Road, requested postponement of the vote on the Resolution and outlined some of the neighborhood's issues with the project that have been presented in material submitted for Council's review. Bill Miller, Natural Resources Advisory Board member, spoke regarding safety issues and supported a raised median and the 100 foot right-of-way to meet long term needs. Pat O'Donnell, 2604 South Taft Hill Road, spoke in favor of a 104-foot road width and objected to the impacts of the proposed project on his property. He stated that compensation that would be offered for easements would not adequately compensate him for the impacts on his property and that issues such as the need for a retaining wall and turn lanes should be discussed further and shouild be shown in the project plans. Larry Hendricks, 3223 South Taft Hill Road, spoke regarding the impact of the project on his fence and requested written assurances that his fence will be saved under the 100-foot plan. He spoke regarding access issues and the impacts of a raised median on his business. Dr. Greg White, 3113 South Taft Hill Road, expressed concerns regarding access to his property and the raised median. He urged Council to respect property rights and to protect the established neighborhood. Charles McKee, 2120 Falcon Drive, requested postponement of the Resolution until consensus is reached on the project. Marilyn Hartig, 2631 Platte Place, spoke regarding safety issues and urged Council to meet long term needs in order to ensure fiscal responsibility. Jack Onstad, property owner on Taft Hill Road, stated that it is still unclear what the slope easement would do to his property and objected to the removal of trees and rerouting of the stream. He requested postponement until a way can be found to use a retaining wall instead of a slope easement. Councilmember Kastein asked about interrupted -style medians. Dean Klingner, Civil Engineer, design engineer for a portion of the project, stated that the citizens are proposing breaking the median at every driveway location to allow full access for everyone. He stated that greater access control is needed for safety. Councilmember Kastein asked about road width if interrupted -style medians were to be used. Klingner spoke regarding design changes that would be needed if the road width is reduced. 467 August 15, 2000 Councilmember Kastein asked how much random access would be eliminated with the raised medians. Klingner spoke regarding the methodology used to make estimates. Councilmember Bertschy asked about the slope easement issues. Klingner stated that slope easements are beyond the right-of-way and spoke regarding slope design options and the easement acquisition process. Ron Phillips, Transportation Services Director, spoke regarding the written agreement process for right-of-way and slope easement acquisition. Councilmember Bertschy asked about the status of negotiations with Mr. O'Donnell. City Manager Fischbach stated that an appraisal is in progress and that no offers have been made. Councilmember Weitkunat asked about the overall design and right-of-way negotiations process. Lang stated that the citizens have been shown the worst case scenario and that once the street width is finalized more exact design drawings will be prepared to show features such as slope easements. Councilmember Weitkunat asked if the slope easement will be greater if the road width is increased. Lang stated that the vertical difference will be the same. Councilmember Weitkunat asked what percentage of the traffic on South Taft Hill is generated by the residents. Phillips stated that the nation-wide average for single-family residences is about 11 vehicle trips per day. Phillips noted that the slope easement will not extend beyond the worst case scenario that has been presented to the neighborhood. He stated that the City is committed to mitigating the impacts of the roadway on individual property owners within reason. He stated that the 100-foot right-of-way is a reasonable compromise that meets safety needs for the current 22,000 daily trips that are expected to grow to 33,000 daily trips in the next 20 years. He stated that expensive retaining walls will be used sparingly and that most issues can be solved by designing the slope easements to have the least amount of impact. Councilmember Byme spoke regarding the intent of the Resolution and noted that many of the concerns expressed by the neighborhood relating to design cannot be resolved until the fundamental issues such as street width are determined. He asked how long it would take to finalize the design. Klingner stated that the design would be finished by the end of the first quarter of next year if the decision is made regarding street width. Councilmember Byrne spoke regarding the need to meet the long term needs of the City and to be fair to those impacted by such projects. He asked about the right-of-way acquisition process. Ron Mills, Right -of -Way Agent, spoke regarding the appraisal and acquisition process that would occur after the determination regarding street width. CM August 15, 2000 Mayor Martinez asked if the final design will come back to Council for approval. City Manager Fischbach stated that this is the approval for the design. Mayor Martinez asked if the 1997 flood held up work on the project. Phillips stated that Building Community Choices funds are totally separate and were not used in any way for flood damage or control projects. He stated that this project is on track with the approved schedule. Mayor Martinez asked if the project would remain within the guidelines of what was approved by the voters if the street width is reduced. Deputy City Attorney Eckman spoke regarding the ballot language and street standards. Phillips stated that the ballot measure allows the Council to make adjustments to a project when necessary. Mayor Martinez asked if the 86-foot width would deviate substantially from what was approved by the voters. Phillips stated that the 86-foot width would remove the raised medians, which are an important safety element of the project. Mayor Martinez asked whether retaining walls may be considered on Mr. O'Donnell's property. Phillips stated that all options will be considered and that specific features will be designed after the street width has been determined. Lang spoke regarding some of the difficulties of constructing a full retaining wall along Mr. O'Donnell's property. Mayor Martinez asked if Mr. Hendricks' fence will be saved. City Manager Fischbach stated that the fence will be saved and that the City will provide this guarantee in writing. Mayor Martinez asked how the need for a left turn lane is determined. Lang spoke regarding the process to make such determinations. Phillips stated that there area number of options for providing access that will be explored with the property owners. Mayor Martinez asked how long the proposed 100-foot arterial will meet needs. Lang stated that the level of service for the 100-foot width will exceed the 20-year design horizon. Mayor Martinez asked about tree damage due to the slope casement. Lang stated that trees are being evaluated on a case -by -case basis by the City Forester. Klingner spoke regarding the types of trees that might be impacted, included undesirable trees. Councilmember Kastein asked about the differences in details on the 100-foot and 108-foot plans. Klingner stated that the main difference is in the detail regarding the slope easement and that the slope easement for the 100-foot plan will not exceed that of the 108-foot plan. 469 August 15, 2000 Councilmember Mason noted that the current street width standard is 115 feet and asked if there are provisions in the standards that allow this type of variation. Phillips stated that a precedent has already been set regarding variations on other projects when there are mitigating circumstances. Councilmember Kastein requested discussion of postponement as requested by the citizen group. He stated that he does not believe that the issues raised are sufficient to postpone the decision and that a decision needs to be made in order to provide staff with direction so that they can begin to work on the details of the project. Mayor Martinez asked about the dollar impact of delaying the decision. City Manager Fischbach spoke regarding construction inflation. Councilmember Weitkunat noted that many ofthe concerns ofthe citizen group have been addressed and that other concerns can be worked out as staff works on the details of the plan once the street width has been decided. Councilmember Bertschy stated that Council will continue to be involved in monitoring the project to ensure that concerns continue to be addressed. Councilmember Weitkunat made a motion, seconded by Councilmember Kastcin, to adopt Resolution 2000-107. Councilmember Weitkunat stated that the process has worked and that citizen concerns will continue to be addressed as work proceeds on the project. She stated that the 100-foot width is a good compromise and that safety is a major concern. Councilmember Kastein stated that he would be supporting the motion and spoke regarding the process to include groups and individuals. He stated that safety is his primary concern and expressed a willingness to hear from the neighborhood regarding fairness issues as the process continues. Councilmember Byrne commended the approach taken by the neighborhood and stated that the final product will benefit from the citizen involvement. He expressed confidence in the street standards. Mayor Martinez stated that he would support the motion because of safety issues. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED 470 August 15, 2000 Items Relating to the Proposed Roundabout at the Intersection of State Highway 14 and Lemay Avenue, Adopted The following is staff s memorandum on this item. "Financial Impact It is staffs opinion that the financial obligations or risk for the City to bear regarding the Intergovernmental Agreement with CDOT are minimal. The IGA states that the City will fund the replacement (estimated at $1.5 million) if the roundabout should fail to operate within certain parameters in the first five years. In years 6-10, the City agrees to share equally with CDOT the replacement of the roundabout if it should fail as is described in the summary below. There are other normal operating costs such as snow removal, signing and striping and landscaping that the City now maintains on the state highway system within the Urban Growth Area. The $1,000,000 in revenue is the Mulberry-Lemay Crossings contribution to the project. The $1,000,000 includes $800,000 in roadway improvements and utility work, and $200,000 as the developer's share of the cost of the pedestrian bridge over the Poudre River, that the developer is responsible for if we were building the traditional four -lane arterial/arterial intersection improvements. Executive Summary A. Resolution 2000-108 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation Regarding the Responsibilities for the Proposed Roundabout at the Intersection of State Highway14 and Lemay Avenue. B. First Reading of Ordinance No. 112, 2000, Appropriating Unanticipated Revenue in the Transportation Services Fund State Highway 14 and Lemay Avenue Intersection Project. BACKGROUND: On January 18, 2000, the City Council voted unanimously to move ahead with a modern roundabout at the intersection of State Highway 14 (SH 14) and Lemay Avenue. The decision was based on the superior performance of the modern roundabout in virtually all aspects of the evaluation criteria. On June 9, 2000, the Colorado Department of Transportation (CDOT) gave its approval of the modern roundabout contingent upon entering into an Intergovernmental Agreement with the City regarding the operation and maintenance of the intersection. Stated below is a summary of the terms of the recommended IGA. 471 August 15, 2000 Section 1: The City has agreed to maintain a contractual relationship with roundabout design expert, Mr. Barry Crown of the United Kingdom, for a three year period. Ifany adjustments to the roundabout are necessary such as defection or striping changes, Mr. Crown will assist the City in making the appropriate adjustments. (It is staffs intention to keep Mr. Crown on a retainer basis regardless of the IGA provision) Section 2: The financial risk ofthis IGA is found in this particular section. The City is agreeing to replace the roundabout with a standard four -lane design, signalized intersection if it should fail according to the agreed upon criteria within the first five years of operation. If the roundabout should fail in the 6th through 10th year, the City and CDOT will share equally in the cost of replacing the intersection. The cost of the replacement intersection in today's dollars is estimated at $1.5 million. If for some reason the City has to replace the roundabout, the City would use any source available, including Federal funds, to pay for the project. Section3: This section oftheIGA defines `failure" as itpertains to Section 2. Failure has been defined in terms of accidents and delay time. As for the accident failure, the intersection currently has an accident rate of 1.9 accidents per million vehicles entering the intersection and staff has stated that if the accident rate exceeds 2.0 per million, Barry Crown will be consulted for an evaluation. City staffdoes not believe that this issue will arise. In all of the research conducted by the staffand the Federal Highway Administration, accidents always decrease by up to 60%with the installation ofa roundabout. There is no valid or data driven reason to assume this roundabout will increase the accident rate. The second area offailure deals with time delay and levels ofservice. The modeling estimates that the roundabout will fall well within the City's Level of Service (LOS) guidelines and out perform the traditional intersection design. The traditional four -lane intersection is expected to fail at peak periods within a 7-10 year time period, and the roundabout is predicted to operate at LOS B or better during the peak hours throughout the 20 year time period. This far out performs any intersection that the City has operating today. As CDOT and the City evaluate the actual operation of the roundabout, the LOS analysis must show that a traditional intersection would operate better than the roundabout for failure to occur. Throughout the City's analysis, staff consistently found that congestion and delay were significantly reduced with a roundabout over a signalized intersection. Staff believes that the risk of failure is extremely minimal, especially in the short-term (10 year) time frame. Staff estimates that this roundabout will have between a 20 and 30 year life. Normal design life is calculated at 20 years. MO August 15, 2000 Section 4: This particular section is in regards to the 314 access on Mulberry at 12th Street (access to Super Market Liquor). The roundabout/intersection design allows for an eastbound left turn into 12th Street. If the left turn becomes problematic, the city has agreed to eliminate this movement. As an informational item, the design of the roundabout also necessitates a minor revision to the recently adopted Mulberry Street (State Highway 14) Access Management Plan. This revision is for the 314 access on the south side of Mulberry Street (SH14), which currently exists approximately 500' east of Lemay Avenue. The roundabout design requires that this 314 access be shifted approximately 200' eastward in order to provide sufficient distance for deceleration lane design requirements. Section 5: This section addresses the maintenance of the roundabout in areas such as signing, striping, landscaping, sweeping, etc. These maintenance costs are minimal and the City already maintains much of the state highway system in Fort Collins under contract with CDOT. The maintenance includes such things as potholes but not any major items such as overlays. Section 6: The City has agreed to develop an Incident Management Plan for the roundabout. This plan will be written in cooperation with CDOT, Poudre Fire Authority, Police Services, Sheriff's Department, and the Colorado State Patrol. If there is an accident in the roundabout, emergency response personnel will have specific guidelines and be in agreement on how to clear the roundabout efficiently. Section 7: An intensive public outreach program has begun that is aimed at keeping people informed of the roundabout progress and how to drive roundabouts safely and effectively. The program also requests that the State Department of Revenue add provisions in the drivers' manual on roundabouts. Sections 8 and 9: These paragraphs protect both the City and the State from violating the TABOR Amendment to the Colorado Constitution that prohibits multi year fiscal obligations. In summary, roundabouts have been proven in Colorado and across the world to reduce congestion, accidents, and air pollution over standard signalized intersections. The risk that the Fort Collins roundabout at the intersection of Mulberry and Lemay will fail the agreed -upon criteria is less than minimal. One of the best experts in the field has been hired to assist the City in this endeavor, and staff is confident that the project will be a success. Item "B" deals with appropriating revenue from the Mulberry-Lemay Crossings project in the amount of $1,000,000. These are the funds that the developer agreed to pay to the City if this project were being built as a traditional intersection. Congestion Mitigation and Air Quality funds (CMAQ) and Street Oversizing funds are paying for the remaining portion of the project (total 473 August 15, 2000 estimated cost is approximately $2,000,000). The remaining part of the project budget was appropriated last fall. " City Manager Fischbach introduced the agenda item. Eric Bracke, Traffic Engineer, presented background information regarding the agenda item and outlined the terms of the proposed intergovernmental agreement with CDOT. He spoke regarding the reasons for constructing a modern roundabout at this location and stated that the risks to the City are minimal. He spoke regarding the proposed maintenance agreement, the public outreach process and development of an incident plan. He stated that an interchange at this location would be too costly and that the risk to the river would be too great. He stated that there are no plans to close Mulberry during the construction and that there are no plans to reroute truck traffic onto Vine. He outlined the difficulties that make a pedestrian underpass unfeasible at this crossing. He stated that prior to Second Reading of the appropriation ordinance funds will be received from Wal-Mart as provided by the development agreement. Councilmember Bertschy asked about truck routing signage during the construction. Bracke stated that signs will be posted advising traffic to use Prospect and Riverside to avoid construction delays, and that Mulberry will remain open. He stated that during construction closures of Lemay that traffic will be advised to use Timberline and Riverside. Councilmember Bertschy stated that the concern is with Highway 14 traffic and the potential impact of truck traffic on Vine. Gary Diede, Transportation Operations Director, spoke regarding structural capability of that route. Bracke spoke regarding the signage that will be posted to advise traffic to use the easier Prospect route to avoid delays at Mulberry and Lemay. Councilmember Bertschy asked about the flow of bicycle traffic on the pedestrian bridge and spoke regarding safety concerns for pedestrians and bicycles. Bracke described the options available to westbound and eastbound bicycle traffic. Councilmember Bertschy asked about the drainage pond. Bracke described the proposed location for the detention pond. Councilmember Bertschy asked about the Wal-Mart contribution. Bracke stated that the Wal-Mart contribution remains the same as it would have been for a traditional intersection. Councilmember Bertschy noted that during the approval process for Wal-Mart the project engineers stated that the intersection would be adequate to handle service needs, and asked why the intersection is now predicted to fail. Bracke stated that Wal-Mart met level of service guidelines and standards for the improvements and that Wal-Mart mitigated their improvements for the short term. He stated that staff had predicted that the intersection would fail due to additional growth in the northeast within seven to 10 years. He stated that widening the bridge for a six -lane road would 474 August 15, 2000 have required a prohibitive City expenditure of $6-7 million and that the roundabout is a better alternative for the long tern. Councilmember Bertschy asked if the roundabout will eliminate the need to widen the bridge. Bracke stated that the bridge must be replaced at some point in time because it is now 50 years old and that staff predicts that the roundabout will be operating at service level B in 20 years. He stated that when the bridge is eventually replaced in 20 to 30 years there will likely not be a need to widen it to six lanes. Councilmember Bertschy asked what the Transportation Board recommended regarding this project. Bracke stated that the Board recommended approval of the project and also recommended a pedestrian crossing underpass which has since been determined to be unfeasible due to expense and flooding issues. Councilmember Bertschy asked about the expenditure of street oversizing funds. City Manager Fischbach stated that these funds must be spent within a ten-year period of time. Bracke stated that street oversizing funds will be used to match federal funds. Councilmember Weitkunat asked about the need for including the contractual relationship with the design expert in the intergovernmental agreement with CDOT. Bracke stated that this is included at CDOT's insistence and that the design expert is the best resource available regarding roundabouts. He stated that the services of the design expert could also be used for other roundabouts. Councilmember Kastein asked if pedestrian overpasses could be considered. Bracke spoke regarding the cost and aesthetic difficulties of using an overpass for a gateway project. Councilmember Kastein noted that Council approved this in January contingent upon CDOT approval and asked why CDOT questions the project. Bracke outlined CDOT's questions and reservations regarding project scale, ultimate capacity, and unfamiliar travelers. He noted that some of these issues have since been cleared up and that other CDOT concerns have been addressed by the City's decision to initially operate the roundabout with two operating lanes and temporary curbs for initially blocking use of the third lane. Councilmember Kastein asked about the $1.5 million cost to the City for rebuilding within five years. Bracke stated that this would involve removing the roundabout and installing traditional curb and gutters. Councilmember Bertschy asked what would be the worst thing that could happen with the roundabout. Diede stated that public acceptance will be the major issue. Councilmember Bertschy asked if continuous traffic flow is the basis for a successful roundabout what happens when a pedestrian enters the roundabout. Bracke stated that the pedestrian would 475 August 15, 2000 have the right-of-way and traffic would yield, and that the traffic delay would be minimal. Diede stated that the slow speeds in a roundabout allow time to react. Councilmember Mason noted that there is a confusion factor in roundabouts which is mitigated by slow speeds, and he asked about the public education process. Bracke spoke regarding the use of utility billing inserts, simulation information on the website, and changes to language in the driver's license test manual. Councilmember Mason asked about implementing smaller roundabouts before the larger roundabout at Mulberry and Lemay for educational purposes. Bracke stated that there are at least three locations where small roundabouts could be implemented and that there are funding and acceptance issues for these other locations. Councilmember Byrne made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2000-108. Councilmember Bertschy stated that he would support the motion because he believes that roundabouts work; however, he expressed concern that there needs to be a great vigilance to ensure success in the areas of public process, the diversion of traffic, and the pedestrian -bicycle access. He noted for the record that many promises have been made regarding the project and that these promises must be kept. He stated that he would have preferred to see the roundabout concept tested first for a smaller project. Mayor Martinez stated that he would support the motion and that he has researched roundabouts in other communities. He stated that there will be an adjustment period. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 112, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2000-109 Establishing the Meaning of a "Valid Development Application" for the City of Fort Collins Under Proposed Initiative #256 "Citizen Management of Growth," Adopted The following is staff s memorandum on this item. 476 August 15, 2000 "Executive Summary Staff recommends that the Council establish a local interpretation of the term "valid development application ", for the specific purpose of applying the provisions of the Citizen Management of Growth Initiative in case the Initiative is approved by the voters. This Resolution would interpret "valid development application" as meaning either an application for approval of an Overall Development Plan, an application for approval of any subsequent plan under the Land Use Code (ProjectDevelopmentPlan, Final Plan, Development Construction Permit, Building Permit), and/or any application for plan approval filed under prior law (known as the Transitional Land Use Regulations) which remains viable under theprovisions of Ordinance No. 161, 1996, as amended. This would have the effect of including properties covered by such applications into "committed areas " under the Initiative. " BACKGROUND: Proponents of the Citizen Management of Growth Initiative have gathered signatures in an effort to have it placed on the November 2000 ballot. The Initiative, if adopted, would require local jurisdictions to establish "committed areas " where local governments could issue development approvals without submitting those areas to a vote of the electorate. The initiative contains specific criteria to be used by local government in delineating these committed areas. One of these reads as follows: A valid development application as to such land, the approval of which would result in development that shall be served by central water and sewer services, has been submitted to the appropriate local government, as of the date on which the 2000 General Election Ballot was certified by the Colorado Secretary of State. The date in this section is assumed to be September 13, 2000 (the deadline for the Secretary of State to certify the ballot); thus, the initiative, if adopted by the voters in November will apply this section retroactively. The term "valid development application " is defined in the initiative as: ...an application that substantively meets all ofthe rules for submission applicable to a proposal and that has been accepted as timely and complete by the local government regulating the use of land covered by the application. This definition defers to the local government to determine what is timely and complete. Local jurisdictions across the State are being questioned about how this section will be interpreted locally, particularly since development review processes vary significantly from jurisdiction to jurisdiction. cYkA August 15, 2000 Under the Fort Collins Land Use Code, the development review process may be pursued in phases, including the submittal of an Overall Development Plan (ODP) for the entire site, and subsequent phasing ofportions ofthe site with more detailed Project Development Plans and Final Plans. The staff is authorized to establish Submittal Requirements, to review and to log in development applications, and to accept application fees for each of these steps in the development review process. Earlier steps in the development process, including annexation and rezoning, involve applications and fees, but they do not specify development type and density. A Conceptual Review, often conducted prior to a formal development application, includes land use and density, but does not require an application fee or rigorous submittal requirements. The staff comments at conceptual are general and non -binding. The staff recommends that the Council establish the Overall Development Plan as the first step in the review process when the City of Fort Collins would consider that a valid development application has been submitted It follows that any more specific plan application under the Land Use Code, including applications for approval of Project Development Plans, Final Plans, Development Construction Permits and Building Permits should also be included in the term "valid development application", as should any plan filed under prior law that remains viable under the provisions of Ordinance No. 161, 1996, as amended. Staff makes this recommendation for the following reasons: 1. The City has a well -developed Comprehensive Plan and Land Use Code, recently updated by the City Council (March 1997). The Plan includes a Growth Management Area (GMA), and the City does not accept applications for property outside the GMA. All development applications now being accepted by the Cityfall under the provisions of this new Plan and Code. 2. Several large projects, both residential and non-residential, are proceeding in phased developments. If the ODP is not established as a "valid development application ", phases of the developments could be subjected to unnecessary and costly delays, even though the City has approved the ODP, and is prepared to continue to process the development in phases. If they do not qualify as "committed areas " they could be forced to wait until voter - approved growth areas are established, no sooner than November 2001. Examples of this type ofproject include the Rigden Farm, Harmony Tech Center (H-P and Celestica), and others. 3. Establishing committed areas that include ODPs will allow development review to proceed smoothly, but will not commit the City to approve any development application. The City will retain full review authority, and can approve, deny, or condition these applications. If an application is denied, the subject property would remain in a committed area, and could be the subject of later, new development applications. 478 August 15, 2000 4. The City's adequate public facilities (APF) requirements in the Land Use Code assure that these new developments will be served by central water and sewer as called for in the Initiative. The City begins to apply these standards at the ODP stage of review. 5. By setting forth the City's interpretation of "valid development application ", the City will not be altering its long-standing practice of treating a Final Plan approval as a "site specific development plan" under the provisions of Colorado Statutes. This means that ODPs will not be granted any new vesting; the City will continue to vest projects only upon the completion and approval of Final Plans. 6. By interpreting the Initiative for the local development industry, the Council may be able to reduce the industry's uncertainty associated with continuing to pursue development proposals under the ambiguous language of the Initiative. The stafffinds that the City is well prepared to continue to process multi phase developments within the GMA and city limits, and that any approvals granted under current Overall Development Plans will result in development served by essential urban services as called for in the provisions of the Initiative. " City Manager Fischbach introduced the agenda item. Greg Byme, CPES Director, presented background information regarding the agenda item. He presented a map showing vacant buildable lands and areas where there are recurrent overall development plans. He stated that these lands, along with other areas that have later stages in development processing, would be considered to be "committed areas." Joe Rowan, Fort Collins Chamber of Commerce, stated that the Chamber's Local Legislative Affairs Committee spoke regarding the need to clearly define a "valid development application" and urged Council to adopt the Resolution. He stated that ballot measure #256 or amendment #24 fails to address urban sprawl and will negatively impact the housing market. He urged the Council to take a stand in opposition to the ballot measure. Rene Benzel, Community Relations Manager for Hewlett-Packard, urged Council to adopt the Resolution. She spoke regarding development plans for the H-P site and stated that adoption of the Resolution will ensure that H-P can continue with its development planning process. Councilmember Kastein asked for clarification regarding the map that was presented earlier. Byme described the areas shown on the map. Councilmember Kastein asked if the ballot measure would require voters to decide on Planned Unit Developments. Byrne stated that the measure would require a vote on growth areas and that the 479 August 15, 2000 current City limits and urban growth boundary would become invalid under the measure for purposes of development approvals. Councilmember Mason asked why there is a September 13 deadline to adopt the Resolution. Byrne spoke regarding the language of retroactive provisions of the ballot measure. Councilmember Mason asked if there will be a rush of Overall Development Plans prior to September 13. Byrne stated that additional applications are expected. Councilmember Mason asked about the submittal requirements for an ODP. Byrne outlined the submittal and review requirements. Councilmember Mason asked if staff could submit this issue to the Planning and Zoning Board for review even if Council adopts the Resolution. Byrne stated that this could be done. City Manager Fischbach spoke regarding the scheduling for the timing on this matter. Councilmember Byrne made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 2000-109. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Items Relating to the Licensing and Regulation of Pawnbrokers and Secondhand Dealers Adopted on Second Reading The following is staff s memorandum on this item "Executive Summary A. Second Reading of Ordinance No. 91, 2000, Amending Chapter 15, Article VIII of the City Code Relating to Pawnbrokers. B. Second Reading of Ordinance No. 92, 2000, Amending Chapter 15, Article XI, of the City Code Relating to Secondhand Dealers The first major codification of the current ordinances regulating the pawn and secondhand dealer industries was completed in 1972, with some minor changes made in 1986. A City staff team (Police, Finance and City Attorney) began working on changes to the ordinances in June of 1997 in order to address some issues that have arisen in the past 13 years regarding implementation and enforcement of the ordinances. August 15, 2000 The costs associated with monitoring, enforcing and regulating the industry, as required by the ordinances and state law, have increased dramatically over the last 13 years. The different types ofsecondhand property involved in transactions have also changed dramatically. Ordinance No. 91, 2000, was adopted by a 5-1 vote, and Ordinance No. 92, 2000, was unanimously adopted on First Reading on July 18, 2000, making various amendments to the City Code to increase consistency in reporting and monitoring procedures and provide those regulated with a clear understanding what is required of them. For clarification purposes, a few changes have been made to the ordinances for second reading. The changes are: Ordinance No. 91 -Pawnbroker Ordinance: Section15-265(a) Applies thesameidentifcationrequirementsforpawnbrokerlicensees asfor managers; Ordinance No. 92 -Second Hand Dealer Ordinance: Section 15-318 Applies the same identification, application and renewal requirements for second hand dealer license applications as for pawnbrokers; and Section 15-324 Applies the same standards for hold orders as for pawnbrokers." City Manager Fischbach introduced the agenda item. Deryle O'Dell, FCPS Division Commander, presented background information regarding the agenda item. He stated that fingerprinting remains an issue, and that the Police Department and District Attorney's Office continue to believe that fingerprinting is necessary. Tim Lanham, 730 East County Road 66E, spoke regarding felony filings and stated that 99.98% of all property pawned is not stolen property. He also spoke regarding handwriting analysis in prosecutions and noted that fingerprinting is not required to prosecute check forgeries. He stated that there should be a level playing field between pawnshops and secondhand dealers. He asked that the fingerprinting requirement be dropped and that the requirements for secondhand dealers be made equal to the requirements for pawnbrokers. Councilmember Byrne noted that the ability to regulate pawnshops is established by State law and asked how old this law is. John Duval, Assistant City Attorney, stated that some of the case law goes back as far as 1898. 481 August 15, 2000 Councilmember Byme asked about the basis for this enabling legislation. Duval stated that the basis is a legitimate or substantial governmental interest involved, and that the courts have said that passing laws that deal with helping prevent the trafficking in stolen goods is a legitimate governmental interest. Councilmember Byrne asked how the small percentage of stolen property pawned at pawnshops compares with illegitimate transactions at other types of businesses. O'Dell spoke regarding statistics regarding stolen property and noted that it is difficult to track stolen property because of lack of serial numbers. Dave Mickelson, Detective, spoke regarding the difficulty in tracking stolen jewelry. Councilmember Byrne asked about the cost for enforcement efforts. O'Dell stated that enforcement costs are slightly over $80,000. Duval spoke regarding the ability of the Council to set fees. O'Dell stated that the proposal is now for a license fee of $300 per pawnbroker. Councilmember Byrne noted that fingerprint kits have been provided to Council and asked where the pawn tickets, which would include the fingerprints, would be kept. O'Dell stated that the pawn tickets would remain at the pawnshop unless needed for prosecution of a case. Mickelson stated that the Police Department does not take the originals containing the fingerprints. Mayor Martinez noted references to case law contained in a letter received from attorney Ken Wolfe and asked if these references are pertinent to pawnshops. Duval stated that these references are not pertinent to pawnshops and spoke regarding case law relating to requirements for identity in the regulation of businesses. Councilmember Kastein asked if there is a State law requiring positive identification for pawn transactions. Mickelson spoke regarding the current provisions of State law. Councilmember Weitkunat asked for clarification regarding the statements made concerning substantial governmental interest in the regulation of business. Duval spoke regarding the exercise of the police power. Councilmember Byrne made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 91, 2000 on Second Reading. Councilmember Weitkunat stated that she does not support the motion because of concerns regarding the government interest in reducing the trafficking in stolen goods. She stated that the perception that pawnshops are places for trafficking in stolen goods is faulty, and she opposed the fingerprinting requirement. 482 August 15, 2000 Councilmember Mason stated that he has concerns regarding the fingerprinting requirement and noted that some of his concerns have been addressed during the discussion regarding how fingerprints will be collected and kept on record. He expressed concerns regarding privacy issues. Mayor Martinez asked if any pawnshops have begun to take fingerprints and if any complaints have been expressed. Mickelson stated that some pawnshops have begun the fingerprinting process, that no complaints have been expressed to the Police Department, and the pawnshops have reported no reduction in their business. Mayor Martinez spoke in support of the credibility of the District Attorney's Office and questioned some of the statements made in attorney Wolfe's letter. He stated that the total volume of stolen property transactions at pawnshops is not known. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez and Mason. Nays: Councilmember Weitkunat. THE MOTION CARRIED Councilmember Byme made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 92, 2000 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 84, 2000 Amending Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements for the Locust Street Outfall Project Adopted on Second Readies The following is staff's memorandum on this item. "Executive Summary The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposed capital improvements include the construction of approximately 4000 feet of 108 inch pipe, 540 feet of 12' x 6' culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement, and asphalt replacement will also be replaced with a 27- inch sanitary sewer, roughly following the route of the proposed storm sewer. In April 2000, City Council adopted Ordinance No. 40, 2000, authorizing the use ofeminent domain if necessary to obtain the needed easements. After adoption of Ordinance No. 40, 2000, the legal 483 August 15, 2000 description for the temporary construction easement for one of the parcels needed for the Project changed. Ordinance No. 84, 2000, which was unanimously adopted on First Reading on July 18, 2000 (Councilmember Weitkunat withdrawn) revises the legal description for the required temporary construction easement." Councilmember Weitkunat withdrew from discussion and voting on this item due to a perceived conflict of interest. ("Secretary's Note: Councilmember Weitkunat out of room.) Councilmember Mason made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 84, 2000 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez and Mason. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED ("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.) Ordinance No. 104, 2000 Amending Article III of Chapter 20 of the City Code to Eliminate Xeriscape Certifications as the Basis for a Variance from the Enforcement of the Grass Height Limitation of Section 20-42 of the City Code, But Allowing Certain Ornamental Grasses to be Exempt from the Grass Height Limitation adopted on First Reading The following is staff s memorandum on this item. "Executive Summary May 16, 2000, Council voted 7-0 to make a finding that the City'sXeriscape Certification and Grass Height Variance Program was improperly adopted. Council adopted Resolution 2000-72 directing the City Manager to repeal the City's Xeriscape Certification Program and the Grass Height Variance Program. The Resolution directed the City Manager to provide research and information to the Council regarding the possible future adoption of an ordinance delegating authority to the Water Utility to adopt a xeriscape certification and grass height variance program. Council also directed the City Manager to hold all pending applications for xeriscape certification in abeyance M August 15, 2000 until the Cityadopts a new xeriscape certification program, or until the City Council determines that such a program will not be adopted. After reviewing the Xeriscape certification program, the City Manager and staff have determined that the program should be discontinued. However, while reviewing thexeriscape certification and grass height variance issue, it became evident that if the xeriscape variance was eliminated that there would still be the need to find a way to allow ornamental grasses. Ornamental grasses are popular landscape accents and most ofthem grow taller than six inches and are harmed by mowing. Currently, the City Code limits the height ofall grasses to six inches. Therefore, while the proposed Ordinance would eliminate the Xeriscape Certification Program, it would also permit certain ornamental grasses to be exempt from the six (6) inch grass height limitation. BACKGROUND: The Utilities developed a xeriscape certification program to recognize and encourage water - conserving landscapes, in keeping with the water demand managementpolicy. City Council adopted Ordinance No. 89, 1994 designating the certification program as part of changes to the City Code provisions relating to grass, weeds and brush. The Ordinance also limited the height ofgrasses to six inches. Because some xeriscapes contain ornamental grasses, a certified xeriscape may also receive a conditional variance from the Code provisions that regulate the height ofgrasses. The original intent of the certification program was to recognize and thereby encourage the use of attractive low water use plants, as an alternative to bluegrass lawns and plants that are not suited to Colorado's and climate. For most people, "a picture speaks a thousand words, " and examples ofxeriscape are needed to demonstrate that xeriscape is not "zroscape; " that it consists of more than just rocks and cacti. While there are several lovely landscapes in Fort Collins that incorporated xeriscaping principles, the homeowners have not sought certification for their landscapes. During the six years the program has been in effect, the Utilities has received two applications for certification. In both cases, the certification was sought in response to a notice that they were in violation of the City's grass height ordinance. Certifcationwas granted tothefirstapplicant, along with a.Agrass height variance was also granted for an ornamental grass. The certification program is not being utilized as a means for recognition, but as a way to obtain a variance for tall grasses. Other efforts to promote xeriscape, listed below, have proven more effective than the certification program. Sponsoring an annual xeriscape program as part of the City's environmental series. Distributing and displayingxeriscape information at the library, city buildings, various events and by request. EM August 15, 2000 • Serving on the board of Xeriscape Colorado, a statewide organization for educating professionals and the public about xeriscape. • Administering the YARDX (Yield and Reliability Demonstrated in Xeriscape) project for the Fort Collins area. YARDX is a study to analyze the water and maintenance savings ofxeriscape compared to traditional landscaping. There are forty homes in the Fort Collins area. • Speaking about xeriscape at CSU, schools and various organizations. • Maintaining and giving tours of the Xeriscape Demonstration Garden at City Hall. • Sponsoring a xeriscape garden and distributing information at the annual Fort Collins GardenFest, a garden tour that focuses on the environmental and educational aspects ofgardening. Ornamental Grasses Many varieties of ornamental grasses are available at nurseries for landscaping. When used as a supplement to a property's overall landscape area, they are an attractive element. Ornamental grasses can varyfrom afoot to 10 feet tall and are in violation of the grass height limitation. Mowing many of these grasses does irreparable harm to them. The City Code will have to be amended if ornamental grasses are to be allowed to remain unmowed. Some History of Xeriscape "Xeriscape" was coined by Denver Water in 1981. As the concept of xeriscape gained national recognition, a National Xeriscape Program Network was established. Fort Collins Water Utilities became a member of the Network in 1985 and was given the right to use the xeriscape name and logo for educational purposes. In 1986, the Network changed to the National Xeriscape Council. The trademark and logo for 'Xeriscape" belongs to Denver Water. The president of the National Xeriscape Council, Jim Grabow, stated in its first newsletter in 1986 that, "Xeriscapes should be green, functional and they must be in keeping with local expectations of aesthetic landscaping. " Attractiveness has always been closely tied to the concept ofxeriscape. Xeriscape was never meant to be unattended landscaping with no turfgrass and no supplemental irrigation. Program Challenges The Xeriscape Certification Program has proved to be difficult to administer due to the subjective nature ofsome of the criteria. While it is easy to determine whether the plants are low water use, it is much less straightforward to determine whether a landscape is attractive and aesthetically pleasing. What is pleasing to one person maybe visually offensive to another. In addition, what is acceptable in one neighborhood may not be appropriate in another neighborhood. Administering a program that contains value -based criteria is problematic at best. EM August 15, 2000 Recommendation: Staff recommends that the program be discontinued. " Councilmember Bertschy made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 104, 2000 on First Reading. Councilmember Mason asked about the ability of individual homeowners to have xeriscape gardens if their homeowner's association forbids it. John Duval, Assistant City Attorney, stated that enforcement of covenants is a civil matter between the association and the homeowner. He stated that if the covenants do not prohibit xeriscape gardens that the ordinance would allow ornamental grasses to be included in the landscaping provided they do not make up more than 20% of the total landscaping. Councilmember Mason asked if the previous certification program gave homeowners protection to have a xeriscape garden if the homeowner's association had covenants against it. Duval stated that the previous program would not have allowed homeowners to go against their covenants. Councilmember Mason asked if there were any advantages to the previous certification program that have been lost. Duval stated that the advantage was that with the certification the grasses were allowed to be more than six inches without having to be mowed. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Other Business City Manager Fischbach stated that the Colorado Municipal League has requested appointments to the CML Policy Committee. He stated that he and Mayor Martinez currently serve on that committee. 487 August 15, 2000 Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to reappoint City Manager Fischbach and Mayor Martinez to the CML Policy Committee. The vote on the motion was as follows: Yeas: Councilmembers Bertsch. Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED Councilmember Mason asked if there is interest in formalizing a policy on easements in natural areas. City Manager Fischbach stated that staff is working on guidelines at this time and that a Resolution could be prepared to formalize the policy. Councilmember Bertschy stated that the Natural Resources Advisory Board contacted him about that question and that he encouraged the board to develop a recommendation. Councilmember Weitkunat suggested a need for a policy regarding easements in general. City Manager Fischbach stated that staff will prepare information on this issue. Councilmember Kastein stated that he would not be in favor of adopting a policy stating that easements are not allowed in natural areas. Councilmember Bertschy stated that his concern is that the criteria are uniform regarding consideration for location and placement. The meeting adjourned at 10:10 p.m. ATTEST: �ffe_ , �. Adiournment Up 1 Mayor pro T,?M