HomeMy WebLinkAboutMINUTES-06/20/2000-RegularJune 20, 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, June 20, 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, Mason, Wanner and Weitkunat.
Councilmembers Absent: Martinez and Kastein.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Jerry Mead, spokesperson for the South Taft Hill Road Neighborhood Association, expressed
concerns regarding the proposed South Taft Hill Road street widening project, which would impact
an established neighborhood.
Gregory White, 3113 South Taft Hill Road, presented objections to the proposed street widening
project.
Charles McKee, 2120 Falcon Drive, property owner on South Taft Hill Road, objected to the
proposed 108 foot width for South Taft Hill Road in place of the 86 foot width that was originally
planned.
Judy Peck, 3021 South Taft Hill Road, objected to the street widening project and invited
Councilmembers on a neighborhood walk scheduled for July 15.
Ellie Dees, 2825 South Taft Hill Road, expressed concerns regarding the street widening project.
Kelly Ohlson, 2040 Bennington Circle, stated that he would be pulling a number of Consent
Calendar items for separate discussion because they relate to growth issues. He also objected to
commercial ads on bus shelters and spoke regarding the use of pro -growth editorializing in recent
City publications.
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Citizen Participation Follow-up
Councilmember Bertschy requested a two -page memorandum regarding the financial aspects ofbus
shelters.
Councilmember Weitkunat asked about the South Taft Hill Road street widening project. Diane
Jones, Deputy City Manager, stated that a study session on the issue is scheduled for July 25. Ron
Phillips, Transportation Services Director, spoke regarding the project schedule and issues and the
involvement of area residents in the planning process.
Councilmember Mason requested that future information about the prof ect include a summary of the
opinion of the reviewing Boards and Commissions.
Councilmember Bertschy asked that the Council be given an advance look at the design for the South
Taft Hill Road street widening project.
Agenda Review
Deputy City Manager Jones noted that item #14 Second Reading of Ordinance No. 67, 2000,
Authorizing the City to Grant a Non -Exclusive Access and Drainage Easement to Dr. Larry R.
Magnuson had minor changes since First Reading of the Ordinance; that in connection with item #17
Items Relating to the Composition of the Board of Commissioners of the Fort Collins Housing
Authority that a seventh member would be appointed on July 18; that item #20 First Reading of
Ordinance No. 75, 2000, Appropriating Unanticipated Revenue in the General Fund forPreparation
of a Chemical, Biological and Radiological Response Plan would be withdrawn from the Consent
Calendar for discussion; that item #24 First Reading of Ordinance No. 79, 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 was to be withdrawn from
the agenda; and that a special Resolution would be presented by Mayor Pro Tem Wanner.
Mayor Pro Tem Wanner read Resolution 2000-89 expressing appreciation and gratitude
posthumously to Louis D. Martinez for his contributions to the community and expressing sympathy
to Mayor Martinez and his entire family regarding the loss of Mr. Martinez.
Councilmember Mason made a motion, seconded byCouncilmember Weitkunat, to adopt Resolution
2000-89. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason,
Wanner and Weitkunat.
THE MOTION CARRIED
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Kelly Ohlson, 2040 Bennington Circle, withdrew the following agenda items from the Consent
Calendar: item #13 Second Reading of Ordinance No. 66, 2000, Amending Chapter 26 of the City
Code Relating to Fees for Raw Water Requirements for the Water Utility, item #21 First Reading
of Ordinance No. 76, 2000, Appropriating Unanticipated Grant Revenue in the General Fund for
the Startup and Operation of the State Welcome Center, item #22 First Reading of Ordinance No.
77, 2000, Appropriating Proceeds from the Issuance of City of Fort Collins, Colorado, Wastewater
Utility Enterprise, Sewer Revenue Bonds, Series 2000, Dated July 1, 2000, in the Aggregate
Principal Amount of $5, 665, 000, in the Wastewater Utility Fund, and item #25 First Reading of
Ordinance No. 80, 2000, Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands Necessary for the Construction of Public Improvements in Connection with the Street
Oversizing Project - Timberline Road from Harmony Road to Harmony Drive.
CONSENT CALENDAR
7. Consideration and approval of the Council Meeting minutes of April 18 2000 May 2 2000
May 16, 2000 and the adjourned meeting minutes of April 25 2000
Second Reading of Ordinance No. 61, 2000 Appropriating Unanticipated Revenue in the
Transportation Services Fund and Authorizing the Transfer ofAppropriations to be Used for
the Crossroads Transportation Sub -Area Plan
The Crossroads sub -area straddles Interstate 25 from U.S. 34 to State Highway 392. Several
major developments are planned for this area, including the new Larimer County Fairgrounds
project and private projects promoted byMcWhinney Enterprises. Several public and private
entities have joined together to fund a planning study to identify transportation impacts and
solutions for the area. The North Front Range Transportation and Air Quality Planning
Council (NFRT&AQPC) is providing coordination and administration for the study.
Ordinance No. 61, 2000, which was unanimously adopted on June 6, 2000, appropriates the
City of Fort Collins contribution, as well as the unanticipated revenue from the other entities,
into a project managed by the NFRT&AQPC.
9. Second Reading of Ordinance No. 62, 2000 Appropriating Prior Year Reserves in the
General Fund for Police Seizure Activity.
State statutes specify that the proceeds from such seizures are to be used for law enforcement
purposes, and require that the governing body (City Council) of the seizing agency (Police
Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and
United States Supreme Court have consistently upheld the constitutionality of these statutes.
Ordinance No. 62, 2000, was unanimously adopted on First Reading on June 6, 2000.
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10. Second Readina of Ordinance No. 63 2000 Appropriating Prior Year Reserves in the
Capital Proiects Fund and in the Sales and Use Tax Fund for Transfer to the Capital Projects
Fund to be Used for the My's Pavement Management Program
At the April 13, 2000 Council Finance Committee meeting, the Transportation Funding
Advisory Team presented a report concerning the options for closing the funding gap to the
Pavement Management Program (street overlays and reconstruction) as well as addressing
the other transportation maintenance needs, including the traffic signal system project, that
are not currently addressed. At the May 23, 2000 meeting, the Finance Committee
recommended an option that will address the funding for transportation maintenance needs
with the least financial impact on the General Fund, and one that, overall, would not require
additional sales tax on Fort Collins' residents. The recommended funding plan will address
the current funding gap and maintain full funding of the Pavement Management Program as
well as addressing the traffic signal system project along with other transportation
maintenance needs.
This Ordinance, which was unanimously adopted on First Reading on June 6, 2000, is the
first step of the funding plan.
11. Second Reading of Ordinance No. 64, 2000 Appropriating Unanticipated Revenue in the
Capital Proiects Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund and the Conservation Trust Fund to the Capital Projects Fund for the Taft
Hill Road at Overlook Project.
Arterial street improvements are planned for Taft Hill at Overlook from Old Harmony Road
north to W.C.R. 38E. The Fort Collins -Loveland Water District also has planned to install
a 36" waterline along this portion at Taft Hill Road. Staff is working in conjunction with the
FCLWD to consolidate these improvements into one construction contract. Ordinance No.
64, 2000, was unanimously adopted on First Reading on June 6, 2000, and authorizes the
appropriation of funds from the Street Oversizing Fund prior year reserves and transfer of
appropriations from the Street Oversizing Fund and Conservation Trust Fund for the Taft
Hill at Overlook Project.
The project includes a transfer of $7,618 from the Conservation Trust Fund. First Reading
of the Ordinance stated the transfer was from the Neighborhood Parkland Fund, this
Ordinance has been corrected for Second Reading.
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12. Second ReadineofOrdinance No. 65,2000 AppropriatingUnanticipatedRevenue and Prior
Year Reserves in the Transportation Services Fund for the Local and Regional Transportation
Demand Management Programs and the Regional V=ool Proms_
These dollars will be used by the Local and Regional Transportation Demand Management
Programs to promote the use of alternative transportation among both city and regional
residents. The dollars contributed by the 410 reserves are from efficiency savings in the 1999
VanGo program that resulted in surplus revenue. This Ordinance was unanimously adopted
on First Reading on June 6, 2000.
13. Second Reading of Ordinance No. 66, 2000 Amending Chapter 26 of the City Code Relating
to Fees for Raw Water Requirements for the Water Utility.
This Ordinance, which was unanimously adopted on First Reading on June 6, 2000, increases
the cash rate charged developers for satisfaction of raw water requirements from $3,500 to
$4,500 per acre foot. The cash rate, which is adjusted periodically to reflect the current price
of raw water, is also the basis for a surcharge paid by nonresidential customers for water used
in excess of their annual allotment.
14. Second Reading of Ordinance No. 67 2000 Authorizingthe e City to Grant a Non -Exclusive
Access and Drainage Easement to Dr. Lang R. Magnuson
Ordinance No. 67, 2000, was unanimously adopted on First Reading on June 6, 2000,
granting a non-exclusive access and drainage easement to Dr. Larry R. Magnuson. Granting
this easement to Dr. Magnuson results in the loss of three or four parking spaces at the Senior
Center parking lot. As compensation for this temporary loss, and for the access easement,
the easement provides that the parking lot developed for the clinic property will be available
for use by Senior Center patrons after the clinic's regular hours.
This Ordinance has been amended on Second Reading to provide additional flexibility in the
event the clinic expands its hours of operation, Dr. Magnuson will pay the City the annual
fair market value of the access easement. If Dr. Magnuson is unable, after using his best
efforts, to acquire an access easement on the adjoining south property once it develops, he
will be able to make his temporary access easement on the Senior Center property a
permanent access easement by paying the fair market value of the easement to the City.
15. Items Relating to the Kendall -Harmony Annexation
A. Second Reading of Ordinance No. 68, 2000, Annexing Property Known as the
Kendall -Harmony Annexation to The City of Fort Collins.
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B. Second Reading of Ordinance No. 69, 2000, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kendall -Harmony Annexation.
On June 6, 2000, Council adopted Resolution 2000-75 Setting Forth Findings of Fact and
Determinations Regarding the Kendall -Harmony Annexation.
On June 6, 2000, Council also unanimously adopted Ordinance No. 68, 2000 and Ordinance
No. 69, 2000, which annex and zone ofapproximately2.00 acres in size ofprivate land. The
subject annexation is located south of East Harmony Road and east of Cambridge Avenue.
The property has rural agricultural uses and is in the FA-1 Farming District in Larimer
County. The recommended zoning is the Harmony Corridor District (HC). This is a
100% voluntary annexation.
16. Second Reading of Ordinance No. 70, 2000 Extending the Terms of All Members of Boards
and Commissions of the City Through December 31
Ordinance No. 70, 2000, which was unanimously adopted on First Reading on June 6, 2000,
extended the current expiration terns of all current board and commission members to expire
on December 31 of each year.
17. Items Relating to the Composition of the Board of Commissioners of the Fort Collins
Housing Authority_
A. Second Reading of Ordinance No. 72, 2000, Amending Section 2-247 of the City
Code Pertaining to the Composition of the Board of Commissioners of the Fort
Collins Housing Authority.
Ordinance No. 72, 2000, which was unanimously adopted on First Reading on June 6, 2000,
increases the number of commissioners of the Fort Collins Housing Authority from five to
seven. It also eliminates the positions of community representatives.
B. Resolution 2000-83 Making Appointments to the Housing Authority Board of
Commissioners.
C.R.S. 29-4-205(3) sets forth the process and terms for appointment of commissioners to a
housing authority. The authority is to consist of commissioners selected by the City Council.
With the adoption of Ordinance No.72, 2000, the number of commissioners will be increased
by the Council from five to seven. The terms of the newly -appointed commissioners will
take effect as of July 1, 2000, after Ordinance No.72, 2000, has taken effect. Pursuant to
state statute the commissioners will serve terms that are staggered from the date of their
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appointment so that, to the extent possible, the terms of an equal number of commissioners
will end each year. Thereafter, the term of office shall be five years.
18. First Reading of Ordinance No. 73, 2000, Appropriating Prior Year Reserves in the Capital
Expansion Fund for Improvements Relating to the Provision of Library Services
Council previously authorized certain capital improvement expansion fees, including a fee
for library capital improvements. These fees are found in Chapter 7.5, Article II of the City
Code. This article provides that the expansion fees may only be spent on improvements
identified in the Capital Improvements Plan for library services. The Library Board's long-
range capital improvement plan was adopted by Council in 1998 and became part the City's
Comprehensive Plan. Staff has planned to use a portion of this money to buy books and
materials for the library system, and these funds, in the amount of $250,000 are appropriated
for this purpose by adoption of the Ordinance. In 1998, $268,000 was appropriated to
purchase books and other library materials.
19. First Reading of Ordinance No. 74 2000 Appropriating Unanticipated Revenue in the Flood
Mitigation Fund and Authorizing the Transfer ofAppropriations Between Funds for Projects
Pertaining to Flood Mitigation Measures.
This item appropriates unanticipated revenue and authorizes the transfer of existing
appropriations between funds to be used for flood awareness and mitigation measures. Three
grants have been awarded from the Colorado Office of Emergency Management. Matching
funds have been identified within the Storm Drainage Fund. The grants will assist the City
in: (1) designing a website that displays stream flow and weather data in graphical and
tabular format; (2) designing and developing a brochure on the City's early flood warning
system and mitigation benefits for the businesses and residents within the City, focusing on
those located in mapped floodplain areas; and (3) conducting public meetings aimed at
increasing the public's understanding and ability to react to natural disasters.
20. First Reading of Ordinance No. 75, 2000 Appropriating Unanticipated Revenue in the
General Fund for Preparation of a Chemical. Biological and Radiological Response Plan
Large-scale events involving bombings, chemicals, biological events, and radiological
materials have increased in this country, beginning with the bombing of the World Trade
Center in New York. The Colorado Office of Emergency Management, through an
agreement with the Federal Emergency Management Agency (FEMA), awards Emergency
Management Performance Grants (EMPG) through the Terrorism Consequence Management
Preparedness Assistance (TCMPA) fund to qualified local governments to improve the
ability of local communities to respond to and recover from acts of terrorism involving
weapons of mass destruction. The City of Fort Collins Office of Emergency Management
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was one of a handful of cities across the country to be selected for this grant. The award
totaling $144,617, will coverpersonnel costs associated with authoring the Plan, training and
development, seminars and site visits, materials and supplies, and a weapons of mass
destruction command development for state-wide distribution.
21. First Reading ofOrdinance No. 76 2000 Appropriating Unanticipated Grant Revenue in the
General Fund for the Startup and Operation of the State Welcome Center.
With an intergovernmental agreement, 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 and attract visitors to Fort Collins through the efforts of its convention and
visitor services contractor, the Fort Collins Convention and Visitors Bureau (CVB), will use
the space for the Fort Collins Welcome Center. The CVB, in addition to promoting tourism
activity, will operate the Welcome Center.
The Colorado Tourism Board established in CRS 24-32-1304 is empowered to operate state
welcome centers under CRS 24-32-1305(1)(c) and (f). The Board has determined that it will
be efficient and effective to contract for the operation of the Welcome Center in Fort Collins
by contracting with the City of Fort Collins. It is anticipated that the Department of Local
Affairs will issue an additional grant for operation of the Fort Collins Welcome Center for
their fiscal year beginning July 1, 2000.
22. First Reading of Ordinance No. 77.2000. Appropriating Proceeds from the Issuance of City
of Fort Collins. Colorado, Wastewater Utility Enterprise Sewer Revenue Bonds Series
2000, Dated July 1, 2000, in the Aggregate Principal Amount of $5 665 000 in the
Wastewater Utility Fund.
The Board ofthe Wastewater Utility Enterprise will be considering at its next meeting, which
is scheduled to take place after the regular June 20, 2000, Council meeting, Ordinance No.
3, of the Board of the Wastewater Utility Enterprise, which authorizes the issuance of City
of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Bonds, Series
2000, Dated July 1, 2000, in the Aggregate Principal Amount of$5,665,000. The Bonds will
be issued to fund odor control systems for the Mulberry and Drake Water Reclamation
Facilities as well as an ultraviolet disinfection system at the Mulberry plant and sewer relief
and realignment in connection with the Locust Street Outfall Stormwater Project. The
passage of Amendment 1 (the TABOR Amendment) by the Colorado voters in 1992,
required the City to form enterprises in order for its utilities to be able to issue municipal
bonds without an election. Since that time, all utility bonds have been issued by the
appropriate utility enterprise. However, the City Charter grants only the Council the power
to appropriate funds. Therefore, this action by the Council is necessary in order to
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appropriate bond proceeds for the Wastewater Utility. Authorizing the issuance of the bonds
and appropriating the proceeds are both necessary to complete the bond transaction.
23. First Reading of Ordinance No. 78, 2000 Authorizing the Transfer of Appropriations from
the Transit Fund to the Capital Projects Fund to be used for the Final Design and
Construction of the Downtown Transit Center.
The Downtown Transit Center will be constructed on the site of the historic railroad freight
depot located on the northeast corner of Mason Street and Laporte Avenue and will serve as
the northern hub for Transfort/Dial-A-Ride. With these transit center improvements, in
conjunction with the Mason Street Transportation Corridor conceptual design, this facility
will become a premier multi -modal operation serving the civic center and the entire
downtown. The City has verbally committed to rent two bus spaces and office space at the
transit center to the Texas, New Mexico, Oklahoma Coaches. Inc. (TNM&O) for its over -
the -road bus operations. It will also provide public waiting areas for all passengers and
office space for the Fort Collins SMARTTrips staff. The freight depot's architectural
features will be maintained to exemplify the historical nature of this facility and site
improvements will be added to match the current civic center architectural theme. The
project is scheduled to go to bid in September 2000, to start construction in November, and
to open for operation in June 2001.
24. First Reading of Ordinance No. 79, 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 1800 grave sites that have
been abandoned. These are grave sites in which no interment has occurred and no perpetual
care fee has been paid. Most of these graves sites were sold before 1926 and the owners
have not contacted the Cemetery to date.
25. First Reading of Ordinance No. 80, 2000 Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Street Oversizing Project - Timberline Road from Harmony Road to
Harmony Drive.
In conjunction with two major developments under construction at the intersection of
Harmony Road and Timberline Road, the Street Oversizing Program is scheduling road
widening and intersection improvements. The two developments; Poudre Valley Health
Systems South Campus and the Harmony Village commercial development (Cinemark
Theatres) require widening ofHarmony Road and Timberline Road. In addition to widening,
there will be intersection improvements to add double left turn lanes, landscaped medians,
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bike lanes and sidewalks. Rights -of -way for three corners of the intersection have been
acquired through development dedication.
On the northwest corner are several properties that were originally developed in the County
and subsequently force -annexed into the City of Fort Collins. There is insufficient
right—of—way along these parcels to widen Timberline to current standards. Although the
City could wait until redevelopment to obtain the right —of --way, street improvements need
to take place immediately to adequately handle the anticipated traffic in the developments
under construction. There has been much interest by developers in assembling and
redeveloping these parcels, however, no firm proposals have been submitted.
26. Resolution 2000-84 Authorizing the City Manager to Submit the 2000-2004 Fort Collins
Housing and Community Development Plan to the Department of Housing and Urban
Development.
The City of Fort Collins Consolidated Housing and Community Development Plan was
undertaken as a requirement of the U.S. Department of Housing and Urban Development
(HUD) in order to qualify for federal Community Development Block Grant and HOME
funds. While the Plan was drafted for this purpose, it reflects the goals and objectives of the
City's Affordable Housing Policy and the 1999 Priority Affordable Housing Needs and
Strategies. The Consolidated Housing and Community Development Plan describes the
process used to develop the plan, provides a strategic plan for meeting the housing and
community development needs of the community and lists the activities which the City will
undertake to address the needs expressed in the Plan. Upon adoption of the Consolidated
Housing and Community Development Plan by the City Council, HUD will receive the Plan
for review. The City will be allocated FY2000 CDBG and HOME funding once the Plan is
approved by HUD.
27. Resolution 2000-85 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Trilby Heights Sixth Annexation.
The applicant, March & Liley, PC, on behalf ofthe property owners, Dalco Land, L.L.C., has
submitted a written petition requesting annexation of 6.54 acres located on the south side of
Trilby Road, west of South Shields Street, and east of South Taft Hill Road. The property is
currently the north %2 ofTrilby Road (along the north side ofthe Registry Ridge development
in the City of Fort Collins) and undeveloped property (along the west side of the Registry
Ridge development in the City of Fort Collins). The requested zoning for this annexation is
UE — Urban Estate. The surrounding properties are zoned FAI- Farming in Larimer County
(to the north, west, and south) and UE — Urban Estate in the City (to the east and south).
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The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The hearing will be held at the
time of first reading of the annexation and zoning ordinances. Not less than thirty days of
prior notice is required by State law.
28. Resolution 2000-86 Findina Substantial Compliance and Initiating Annexation Proceedings
for the Riverbend Third Annexation.
The applicant, Riverbend Farms, has submitted a written petition requesting annexation of
approximately 1.25 acres located south of East Mulberry Street, west of Eric Street, and east
of Timberline Road. The property is currently functioning as a portion of the Country
Gardens Nursery operation. The requested zoning for this annexation is LMN— Low Density
Mixed -Use Neighborhood. The surrounding properties are zoned FA - Farming in Larimer
County to the north, Ml — Multi -Family in Larimer County to the east, C — Commercial in
the City to the west, and POL — Public Open Lands in the City (to the south).
The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The hearing will be held at the
time of first reading of the annexation and zoning ordinances. Not less than thirty days of
prior notice is required by State law.
29. Resolution 2000-87 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Hearthfire Way Annexation.
The applicant, Hearthfire, Inc., has submitted a writtenpetition requesting annexation of3.21
acres located on the south side of Douglas Road (County Road 54), west of County Road 11,
and east of County Road 13. The property is currently functioning as the entry roadway for
the Hearthfire PUD development in the City of Fort Collins. The requested zoning for this
annexation is UE — Urban Estate. The surrounding properties are zoned FAl- Fanning in
Larimer County (to the north, west, and east) and UE — Urban Estate in the City (to the
south).
The proposed Resolution makes a finding that the petition substantially complies with the
Municipal Annexation Act, determines that a hearing should be established regarding the
annexation, and directs that notice be given of the hearing. The hearing will be held at the
time of first reading of the annexation and zoning ordinances. Not less than thirty days of
prior notice is required by State law.
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30. Resolution 2000-88 Making Appointments to Various Boards and Commissions
A vacancy currently exists on the Art in Public Places Board due to the resignation of Susan
Sterlicb. Councilmembers Weitkunat and Kastein reviewed the applications on file and are
recommending Ann Carr to fill the vacancy with a term to begin immediately and set to
expire on December 31, 2002.
A vacancy also currently exists on the Electric Board due to the resignation of William
Brayden. Councilmembers Mason and Wanner reviewed the applications on file and
conducted interviews. The Council interview team is recommending Doug Smith to fill the
vacancy with a term to begin immediately and set to expire on December 31, 2002.
A vacancy also exists on the Parks and Recreation Board due to the resignation of Rebecca
Chavez. Councilmembers Bertschy and Wanner reviewed the applications on file and are
recommending Mike Gavin to fill the vacancy with a term to begin immediately and set to
expire on December 31, 2002.
31. Routine Deeds and Easements.
A. Deed of Dedication for permanent public street right-of-way, Deed of Easement for
Public Utilities, and Slope Easement from Colorado State University Research
Foundation, located on Centre Avenue from Research Boulevard, to Bay Drive.
Monetary consideration: $0.
B. Easement for Construction and Maintenance of Public Utilities to underground
electric services from JAS Investments, located at 138 Sylvan Court. Monetary
consideration: $10.
C. Easement for Construction and Maintenance of Public Utilities to underground
electric services from Duane Drager, located at 621 West Magnolia. Monetary
consideration: $10.
D. Easement for Construction and Maintenance of Public Utilities to underground
electric services from Dennis & Donna Sweigart, located at 2110 LaPorte. Monetary
consideration: $10.
E. Deed of Dedication for a drainage and grading easement from Country Club Farms,
LLC, located west of Merganser. Monetary consideration: $10.
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F. Deed of Dedication for a drainage and grading easement from Country Club Farms,
LLC, located west of County Road 9 and north of Vine Drive. Monetary
consideration: $10.
G. Deed of Dedication for a utility and drainage easement from Country Club Farms,
LLC, located west of County Road 9 and north of Vine Drive. Monetary
consideration: $10.
H. Deed of Dedication for a pedestrian access and grading and drainage easement from
Country Club Farms, LLC, located west of County Road 9 and north of Vine Drive.
Monetary consideration: $10.
Ordinances on Second Reading were read by title by City Clerk Krajicek.
8. Second Reading of Ordinance No. 61, 2000 Appropriating Unanticipated Revenue in the
Transportation Services Fund and Authorizing the Transfer of Appropriations to be Used for
the Crossroads Transportation Sub -Area Plan
9. Second Reading of Ordinance No. 62 2000 Appropriating Prior Year Reserves in the
General Fund for Police Seizure Activity.
10. Second Reading of Ordinance No. 63, 2000 Appropriating Prior Year Reserves in the
Capital Projects Fund and in the Sales and Use Tax Fund for Transfer to the Capital Projects
Fund to be Used for the City's Pavement Management Pro ram
11. Second Reading of Ordinance No. 64 2000 Appropriating Unanticipated Revenue in the
Capital Proiects Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund and the Conservation Trust Fund to the Capital Projects Fund for the Taft
Hill Road at Overlook Project.
12. Second Reading of Ordinance No 65 2000 Appropriating Unanticipated Revenue and Prior
Year Reserves in the Transportation Services Fund for the Local and Regional Transportation
Demand Management Programs and the Regional V=ool Program.
13. Second Reading of Ordinance No.66,2000 Amending Chapter 26ofthe CityCode Relating
to Fees for Raw Water Requirements for the Water Utility.
14. Second Reading of Ordinance No. 67, 2000 Authorizing the City to Grant a Non -Exclusive
Access and Drainage Easement to Dr. Larry R. Ma ugn son
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15. Items Relating to the Kendall -Harmony Annexation.
A. Second Reading of Ordinance No. 68, 2000, Annexing Property Known as the
Kendall -Harmony Annexation to The City of Fort Collins.
B. Second Reading of Ordinance No. 69, 2000, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property hicluded in the
Kendall -Harmony Annexation.
16. Second Reading of Ordinance No. 70, 2000, Extending the Terms of All Members of Boards
and Commissions of the City Through December 31
17. Items Relating to the Composition of the Board of Commissioners of the Fort Collins
Housing AuthoritX
A. Second Reading of Ordinance No. 72, 2000, Amending Section 2-247 of the City
Code Pertaining to the Composition of the Board of Commissioners of the Fort
Collins Housing Authority.
35. Items Relating to Standards for Development in the Poudre River Floodplain
A. Second Reading of Ordinance No. 71, 2000, Amending Chapter 10 of the City Code
Concerning Standards for Development in the Poudre River Floodplain.
Ordinances on First Reading were read by title by City Clerk Krajicek.
18. First Reading of Ordinance No. 73, 2000 Appropriating Prior Year Reserves in the Capital
Expansion Fund for Improvements Relating to the Provision of Library Services
19. First Reading of Ordinance No. 74,2000 Appropriating Unanticipated Revenue in the Flood
Mitigation Fund and Authorizing the Transfer ofAppropriations Between Funds for Projects
Pertaining to Flood Mitigation Measures.
20. First Reading of Ordinance No. 75, 2000 Appropriating Unanticipated Revenue in the
General Fund for Preparation of a Chemical Biological and Radiological Response Plan
21. First Reading of Ordinance No. 76, 2000 Appropriating Unanticipated Grant Revenue in the
General Fund for the Startup and Operation of the State Welcome Center.
22. First Reading of Ordinance No. 77 2000 Appropriating Proceeds from the Issuance of City
of Fort Collins, Colorado, Wastewater Utilily Enterprise Sewer Revenue Bonds Series
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2000, Dated July 1. 2000, in the Aggregate Principal Amount of $5 665 000 in the
Wastewater Utility Fund.
23. First Reading of Ordinance No. 78, 2000, Authorizing the Transfer of Appropriations from
the Transit Fund to the Capital Projects Fund to be used for the Final Design and
Construction of the Downtown Transit Center.
25. First Reading of Ordinance No. 80, 2000, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public improvements in
Connection with the Street Oversizing Project - Timberline Road from Harmony Road to
Harmony Drive.
35. First Reading of Ordinance No. 81, 2000 Amending Section 3 3 3 of the City's Land Use
Code Concerning Development in the Poudre River Floodplain
Councilmember Mason made a motion, seconded by Councilmember Weitkunat, to adopt and
approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Bertschy, Byrne, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Staff Reports
Deputy City Manager Jones reported that sign language interpreters are being used at Council
meetings on a trial basis.
Councilmember Bertschy asked if the City has looked at options for closed captioning.
Items Relating to Standards for
Development in the Poudre River Floodplain Adopted
The following is staffs memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 71, 2000, Amending Chapter 10 of the City Code
Concerning Standards for Development in the Poudre River Floodplain.
B. First Reading of Ordinance No. 81, 2000, Amending Section 3.3.3 of the City's Land Use
Code Concerning Development in the Poudre River Floodplain.
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June 20, 2000
There are two actions being considered under this item. The first item is consideration on Second
Reading of Ordinance No. 71, 2000, which amends the City Code concerning the foodplain
regulations for the Poudre River Floodplain. The second item is an Ordinance that will make
certain changes to the City's Land Use Code in regard to "water hazards" that might be caused by
development in the Poudre River Floodplain.
Second Reading Ordinance No. 71, 2000
Ordinance No. 71, 2000, was adopted 4-3 by the Council on First Reading at its June 6, 2000
meeting. This Ordinance makes various amendments to Chapter 10 of the City Code in regard to
foodplain regulations for the Poudre River Floodplain. Between the first and second reading
changes to the Ordinance have been made. These changes are being proposed to either clarify
language in the Ordinance or to address substantive issues that came up at or just prior to first
reading of the Ordinance.
Following are a listing and explanation of the proposed revisions:
• Section 10-53(2)a. The words "new construction " were added back in for clarification
• Section 10-53(3)a. The words "new construction " were added back in for clarification
Section 10-61(6). A sentence was added to provide that temporary motor vehicle parking
by employees or customers and temporary outdoor display of inventory during usual
business hours are not to be considered as the storage of ' floatable materials ".
• Section 10-62(c). An additional requirement was added concerning the placement ofmobile
homes on property that has been filled and removed from the foodplain. This language
requires such mobile homes to still comply with all the criteria in Section 10-54. The reason
for adding this is that staff thinks it is important for mobile homes placed on fill to have a
permanent foundation and to be properly anchored so as to minimize the chance for
flotation, collapse, or lateral movement.
First Reading of Ordinance No. 81 2000
During the discussion on first reading of the proposed changes to the City Code for the foodplain
regulations of the Poudre River Floodplain, an area was identified for revision in the City's Land
Use Code under Section 3.3.3 pertaining to "water hazards. " Section 3.3.3 currently prohibits any
development in foodplain that causes adverse effects to surrounding properties due to increased
food heights. However, Ordinance No. 71, 2000, authorizes development in the Poudre River
Floodplain so as long as it doesn't cause a rise of more than 0.1 foot in water surface elevation of
a one -hundred year food. Therefore, it would appear that Ordinance No. 71, 2000 and Section
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3.3.3. conflict with each other, and an amendment to the Land Use Code is needed to resolve that
conflict.
Also, another change is needed to clarify that development in the floodplain can not adversely
impact any other properties, not just "surrounding properties."
For these reasons, Ordinance No. 81, 2000 is proposed to make the following revisions to Section
3.3.3 (A)(4) of the Land Use Code:
Add language specifying that with respect to development in the Poudre River Floodplain,
an increase in flood heights of less than 0.1 foot caused by any development in the
Floodplain would not be considered as causing a prohibited "adverse effect to any other
properties. "
Revise the language to state that adverse impacts would be applicable to "any other"
properties, not just to "surrounding" properties. "
Bob Smith, Stormwater Utility Manager, explained changes made to Ordinance No. 71, 2000 since
First Reading and noted the purposes of Ordinance No. 81, 2000.
Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 71, 2000 on Second Reading.
Councilmember Byrne asked about the City's current rating with regard to floodplain management.
Smith explained the rating system categories and process and stated that the City's current rating is
at level 6 under the FEMA Community Rating System (CRS) because of the City's holistic ongoing
approach to stormwater management.
Councilmember Byrne asked which storm water basin poses the greatest risk for flash flooding.
Smith stated that the Poudre River basin has the greatest risk.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason and
Wanner. Nays: Councilmember Weitkunat.
THE MOTION CARRIED
Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 81, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
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June 20, 2000
Ordinance No. 66, 2000,
Amending Chapter 26 of the City Code Relating to Fees for
Raw Water Requirements for the Water Utility Adopted on Second Readies
The following is staffs memorandum on this item.
"Executive Summary
This Ordinance, which was unanimously adopted on First Reading on June 6, 2000, increases the
cash rate charged developers for satisfaction of raw water requirements from $3,500 to $4, 500 per
acre foot. The cash rate, which is adjusted periodically to reflect the current price of raw water, is
also the basis for a surcharge paid by nonresidential customers for water used in excess of their
annual allotment. "
Kelly Ohlson, 2040 Bennington Circle, stated that the City should require water rights rather than
cash in -lieu -of water rights and that at a minimum the cash requirement should accurately reflect
market value rather than the cost to expand reservoirs or build dams. He asked for a public
discussion relating to these policies.
Councilmember Byrne asked for a summary of the two -page memorandum provided to Council.
Mike Smith, Utilities Director, stated that the memorandum focused on market value for water rights
and explained that the cash requirement is based on the market value of water rights. He spoke
regarding the purposes of having a cash requirement and the need for funding for future water
storage.
Councilmember Mason asked if it would be possible to allow small builders to provide cash in -lieu -
of water rights and to require larger builders to provide water rights. Smith stated that this option
could be explored further.
Councilmember Byrne suggested a public discussion of water management strategies and issues.
Smith stated that the Water Board is beginning a discussion of the City's water supply policy and
that a policy discussion may be timely.
Councilmember Bertschy stated that he would also like to have a discussion regarding the City's
priorities regarding receipt of water rights and cash in -lieu -of water rights.
Mayor Pro Tem Wanner asked about the current cost of a share of southside ditch water. Smith
stated that each ditch company's shares have a different value and that the average is in the $2,000
to $3,000 range.
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Mayor Pro Tern Wanner requested that the City Manager make arrangements for a study session on
these issues. Deputy City Manager Jones stated that staff has noted the request.
Councilmember Weitkunat made a motion, seconded by Councilmember Byrne, to adopt Ordinance
No. 66, 2000 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 75, 2000,
Appropriating Unanticipated Revenue in the General
Fund for Preparation of a Chemical, Biological and
Radiological Response Plan Adopted on First Readies
The following is staffs memorandum on this item.
"Financial Impact
The cost ofproviding a Chemical, Biological and Radiological Response Plan is $144, 617 and will
be funded in full through a grant awarded by the State of Colorado, Department of Justice. The
$144,617 will be appropriated in the City's General Fund and administered by the Office of
Emergency Management.
Executive Summary
Large-scale events involving bombings, chemicals, biological events, and radiological materials
have increased in this country, beginning with the bombing of the World Trade Center in New York.
The Colorado Office ofEmergencyManagement, through an agreement with the Federal Emergency
Management Agency (FEMA), awards Emergency Management Performance Grants (EMPG)
through the Terrorism Consequence Management Preparedness Assistance (TCMPA) fund to
qualified local governments to improve the ability of local communities to respond to and recover
from acts of terrorism involving weapons of mass destruction. The City of Fort Collins Office of
Emergency Management was one of a handful of cities across the country to be selected for this
grant. The award totaling $144, 617, will coverpersonnel costs associated with authoring the Plan,
training and development, seminars and site visits, materials and supplies, and a weapons of mass
destruction command development for state-wide distribution.
City staff recognizes that the threat from a weapons of mass destruction event is very possible and
has worked diligently to try to identify potential hazards over the past year. One of the major
problems identified is the lack ofa planning template from which to begin. Several cities have been
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queried and staffhas found that there are few comprehensive plans that could be used to model the
City's efforts in this arena. The City's Office of Emergency Management began meeting in 1999
with other entities within the community including the Poudre Fire Authority, Fort Collins Police
Services, Colorado State University, Poudre Valley Hospital, Infection Control, and the Fort Collins
Office of the Federal Bureau oflnvestigation. During these meetings, the City's vulnerabilities and
related risks were identified. Through these efforts, determination and hard work the City has
procured the grant funds and is anxious to move forward with the Weapons of Mass Destruction
Plan. The project is scheduled for completion by December 31, 2000. "
Deputy City Manager Jones introduced the agenda item.
Councilmember Byrne asked what outcome the City hopes to achieve with this action. Mike Gavin,
Poudre Fire Authority Company Officer, stated that the federal government has made funding
available to municipalities to help put together better emergency response plans for incidents
involving weapons of mass destruction.
Councilmember Byrne asked about the assessment of the risk for these types of incidents. Gavin
stated that the assessment was done by local agencies based on an analysis of the types of facilities
based in Fort Collins and that the plan would make Fort Collins proactive rather than reactive. He
stated that the plan of action to be prepared would focus on specific facilities and their particular
risks. Deputy City Manager Jones stated that the preparation of such plans is becoming a trend
across the country.
Councilmember Byrne asked about the specific uses of the funding. Gavin stated that the funding
would be used to prepare a plan to respond to incidents and train agencies that could be involved.
Councilmember Mason stated that he would favor providing direction to staff that the Council does
not expect this program to be funded ongoing through the General Fund. Deputy City Manager
Jones stated that this is also staffs expectation.
Councilmember Byrne made a motion, seconded by Councilmember Bertschy, to adopt Ordinance
No. 75, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
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Ordinance No 76, 2000,
Appropriating Unanticipated Grant Revenue in the General Fund
for the Startup and Operation of the State Welcome Center Adopted on First Reading
The following is staffs memorandum on this item.
"Financial Impact
The City has received a grant for the Fort Collins Welcome Center from the Colorado Department
ofLocal Affairs in the amount of $51, 250 for the startup and operation ofthe Fort Collins Welcome
Center. The Fort Collins Convention and Visitors Bureau will be relocating to the Welcome Center
and be responsible for its operation.
Executive Summary
With an intergovernmental agreement, the City contracted with Colorado State University for visitor
center space at the Environmental Learning Center/Visitors Center to the south of Prospect Road,
approximately one -quarter mile west oflnterstate 25. The City, in its effort to welcome and attract
visitors to Fort Collins through the efforts of its convention and visitor services contractor, the Fort
Collins Convention and Visitors Bureau (CVB), will use the space for the Fort Collins Welcome
Center. The CVB, in addition to promoting tourism activity, will operate the Welcome Center.
The Colorado Tourism Board established in CRS 24-32-1304 is empowered to operate state
welcome centers under CRS 24-32-1305(1)(c) and 69. The Board has determined that it will be
efficient and effective to contract for the operation of the Welcome Center in Fort Collins by
contracting with the City of Fort Collins. It is anticipated that the Department ofLocal Affairs will
issue an additional grant for operation of the Fort Collins Welcome Center for their fiscal year
beginning July 1, 2000."
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the naming of the
Environmental Learning Center because Coors contributed less than 22% of the funds and because
of the environmental record of Coors. He noted his awareness that the City was not responsible for
the naming of the facility.
Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt
Ordinance No. 76, 2000 on First Reading.
Councilmember Bertschy asked for clarification that this item is the City's contribution for start-up
of the facility and questioned whether the City would be responsible for any future funding. Deputy
City Manager Jones stated that the Colorado Department of Local Affairs has provided a grant and
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June 20, 2000
that the City's role is as a pass -through agency for the funds. She stated that the City would not be
responsible for any future funding.
Councilmember Mason asked about the agreement with CSU regarding naming of the facility. Frank
Bruno, Assistant City Manager, stated that there has been an understanding with CSU since the City
included in its budget process money from the lodging tax to pay for the City's contribution to the
project. He stated that the City's intent had been that the Coors name would be associated with only
a part of the project rather than the entire facility, and that recently CSU's view of the naming issue
changed to raise the profile of the Coors name. He spoke regarding the City's efforts to limit the
appearance of the Coors name on signage for the facility.
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason, Wanner
and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 77, 2000,
Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility
Enterprise, Sewer Revenue Bonds, Series 2000, Dated
July 1, 2000, in the Aggregate Principal Amount of
$5,665,000, in the Wastewater Utility Fund Adopted on First Reading
The following is staffs memorandum on this item.
"Financial Impact
The Ordinance would appropriate in the Wastewater Utility Fund proceeds from bonds proposed
to be issued in Ordinance No. 3, 2000, of the Board of the Wastewater Utility Enterprise, for the
acquisition and construction of sanitary sewer system improvements and the cost of issuing the
bonds.
Executive Summary
The Board of the Wastewater Utility Enterprise will be considering at its next meeting, which is
scheduled to take place after the regular June 20, 2000, Council meeting, Ordinance No. 3, of the
Board of the Wastewater Utility Enterprise, which authorizes the issuance of City of Fort Collins,
Colorado, Wastewater Utility Enterprise, Sewer Revenue Bonds, Series 2000, Dated July 1, 2000,
in the Aggregate Principal Amount of $5, 665, 000. The Bonds will be issued to fund odor control
systems for the Mulberry and Drake Water Reclamation Facilities as well as an ultraviolet
disinfection system at the Mulberry plant and sewer relief and realignment in connection with the
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Locust Street Outfall Stormwater Project. The passage ofAmendment I (the TABOR Amendment)
by the Colorado voters in 1992, required the City to form enterprises in order for its utilities to be
able to issue municipal bonds without an election. Since that time, all utility bonds have been issued
by the appropriate utility enterprise. However, the City Charter grants only the Council the power
to appropriate funds. Therefore, this action by the Council is necessary in order to appropriate
bond proceeds for the Wastewater Utility. Authorizing the issuance of the bonds and appropriating
the proceeds are both necessary to complete the bond transaction. "
Kelly Ohlson, 2040 Bennington Circle, stated that this item ties to water issues previously mentioned
and spoke in favor of an incremental approach to funding water facilities. He encouraged discussion
of the equity buy -in approach as compared with the incremental approach and impacts on water and
sewer rates. He emphasized the need to make new growth pay its own way in actuality.
Councilmember Weitkunat asked if the problems mentioned in the agenda item summary are typical
problems that occur in wastewater systems. Mike Smith, Utilities Director, stated that these types
of problems are addressed through the long range capital improvements program and are not growth
related.
Councilmember Byrne asked if technologies will become more expensive as greater urbanization
occurs. Smith spoke regarding problems that occur as urbanization occurs.
Mayor Pro Tern Wanner asked about a study session that was held regarding plant improvements.
Smith spoke regarding the discussions at the study session and at Water Board meetings regarding
the equity buy -in and incremental approaches.
Mayor Pro Tern Wanner asked about the expected expansion in water and sewer service areas.
Smith stated that there will be in -fill development because the City is surrounded by districts. He
stated that staff is always willing to discuss the policy direction concerning water and sewer issues
and that a two -page memorandum will shortly be ready for Council.
Councilmember Weitkunat made amotion, seconded byCouncilmemberByrne, to adopt Ordinance
No. 77, 2000 on First Reading.
Councilmember Bertschy spoke regarding the issue of water and sanitation district growth and
suggested a discussion pertaining to how the City deals with these neighboring districts.
Councilmember Byme spoke regarding the need to deal with such issues regionally and to continue
to build working relationships with the districts. Smith provided a historical perspective regarding
the water and sanitation districts.
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June 20, 2000
The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason, Warmer
and Weitkunat. Nays: None.
THE MOTION CARRIED
Ordinance No. 80, 2000,
Authorizing the Acquisition by Eminent Domain Proceedings
of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Street Oversizing Project -
Timberline Road from Harmony Road to Harmony Drive Adopted on First Reading
The following is staffs memorandum on this item.
"Financial Impact
Property appraisals indicate that acquisition costs will be covered by available funds, even if
condemnation is required. These funds have been appropriated in the Street Oversizing fund.
Executive Summary
In conjunction with two major developments under construction at the intersection ofHarmonyRoad
and Timberline Road, the Street Oversizing Program is scheduling road widening and intersection
improvements. The two developments; Poudre Valley Health Systems South Campus and the
Harmony Village commercial development (CinemarkTheatres) require widening ofHarmonyRoad
and Timberline Road. In addition to widening, there will be intersection improvements to add
double left turn lanes, landscaped medians, bike lanes and sidewalks. Rights -of -way for three
corners of the intersection have been acquired through development dedication.
On the northwest corner are several properties that were originally developed in the County and
subsequently force -annexed into the City of Fort Collins. There is insufficient right-of—way along
these parcels to widen Timberline to current standards. Although the City could wait until
redevelopment to obtain the right-of—way, street improvements need to take place immediately to
adequately handle the anticipated trafc in the developments under construction. There has been
much interest by developers in assembling and redeveloping these parcels, however, no firm
proposals have been submitted.
Additional right-of-way in a pie shaped wedge is required on Timberline, 44.28 feet wide at the
Harmony intersection and tapering to zero feet at the northern tip, approximately 1000 feet north
of Harmony Road. This proposed right-of-way effects seven lots abutting Timberline Road. The
City has acquired three of the parcels needed for the project and is negotiating with the remaining
four property owners. All parties are hopeful that acquisition will be accomplished by agreement.
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Negotiations for these projects have begun and all parties are hopeful that acquisition will be
accomplished by agreement. However, this authorization will allow the City to begin condemnation
proceedings if the negotiations are not successful. The property owners understand that the City
is taking this action and that staff will continue the current good faith negotiations to acquire the
property.
The property owners are:
Clifton M. Jones
JAL, a partnership
Charlotte A. Shanahan
Mark R. Knoll and Janet P. Knoll
BACKGROUND:
At the intersection of Harmony Road and Timberline Road, there are two major developments close
to finishing construction, Poudre Valley Health Systems South Campus and Harmony Village
(Cinemark). The cinema opened in May 2000, and the Poudre Valley Health Systems is scheduled
to open in June 2000. For the past two years City staff and the developers have been working on
roadway improvement plans to mitigate traffic impacts anticipated with their developments. They
have gained approval through the city Development Review process and have coordinated their
design with the recommended requirements from our City planning department.
The improvements will span from Rockport Court north to Harmony Drive on Timberline Road and
form the Union Pacific Railroad tracks east to the Harmony Road Community entrance on Harmony
Road. Theproject will include reconstruction ofthe roadway, including curb, gutter, sidewalks, and
bike lanes. Staff has designed the project to save the old Harmony School from being relocated.
There are still issues regarding the relocation ofthe Harmony Gas Station building. The Colorado
Department of Transportation has worked with the City of Fort Collins to coordinate the standards
required by the State Highway Department issue construction permits for the work. The project is
planned to begin this fall with utility relocations. Street improvements areplanned for construction
in March of 2001, with final completion in the fall of 2001.
Funding for the project is through the Street Oversizing Program and developer contributions. "
Kelly Ohlson, 2040 Bennington Circle, stated that this is an example of new growth not paying its
own way in that the street oversizing fund is subsidized by the taxpayers through General Fund
contributions.
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Councilmember Mason requested information regarding the costs borne by new development and
the general taxpayers prior to Second Reading. Ron Phillips, Transportation Services Director,
spoke regarding the street oversizing fund.
Councilmember Mason asked if the new development is paying the total cost of new traffic. Phillips
spoke regarding the use of street oversizing funds.
Councilmember Byrne spoke regarding direct and indirect costs. City Attorney Roy spoke regarding
case law relating to direct and indirect costs and impact fees and stated that the City's program is
legally defensible and fair.
Councilmember Byrne asked about the impact of the growth rate on the methodology. Phillips noted
that impact fees fluctuate with the growth rate.
Councilmember Mason spoke regarding the impact of the growth rate on cost recovery. Phillips
stated that as the growth rate goes up the impact fee revenues will increase accordingly.
Councilmember Weitkunat stated that these growth issues could be discussed at another time and
the discussion should return to the agenda item that is before the Council for consideration.
Councilmember Weitkunat made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 80, 2000 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byme, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Mason requested information regarding the impact of lowering the water level and
boating at Horsetooth Reservoir on water level and quality. Mike Smith, Utilities Director, stated
that the City is concerned about water quality as the water level is lowered and that the long term
issue is the impact of recreational water uses on the water supply.
Councilmember Mason noted that there is an additional conflict because of the County's dependency
on boating revenues for its park programs.
Councilmember Weitkunat commented that reservoirs are built to ensure water reserves rather than
as recreational facilities.
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June 20, 2000
Councilmember Mason suggested that staff discuss the issue with the Water Board to solicit its
advice.
("Secretary's Note: Councilmember Bertschy left the meeting at this point.)
Adjournment
Councilmember Weitkunat made a motion, seconded by Councilmember Mason, to adjourn the
meeting to 6:00 p.m. on July 11, 2000 for the midyear evaluations of the City Attorney, City
Manager and Municipal Judge. The vote on the motion was as follows: Yeas: Councilmembers
Byme, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
The meeting adjourned at 7:58 p.m.
Meeting Reconvened
("Secretary's Note: The Council reconvened at 8:05 p.m. at the conclusion of the meeting of the
Board of Commissioners of the Fort Collins Housing Authority.)
Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Mason, Wanner and
Weitkunat.
Councilmembers Absent: Bertschy, Martinez and Kastein.
Staff Members Present: Jones, Krajicek, Roy.
City Attorney Roy suggested a motion to amend Resolution 2000-83 to change the effective date of
the appointments of the Housing Authority Commissioners to July 18, 2000.
Councilmember Mason made a motion, seconded by Councilmember Byrne, to amend Resolution
2000-83 to change the effective date of the appointments of the Housing Authority Commissioners
to July 18, 2000. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Mason,
Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED
E
The meeting adjourned at 8:06 p.m.
ATTEST:
City Clerk —ai,eic
"�
Mayor
June 20, 2000