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HomeMy WebLinkAboutMINUTES-08/03/1999-RegularAugust 3,1999 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 3, 1999, 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, Wanner and Weitkunat. Staff Members Present: Fischbach, Harris, Roy. Citizen Participation Marie Hasan, 2715 Brookwood Court, spoke regarding the need to take personal responsibility to prepare for Y2K and other possible emergencies and suggested that the City sponsor a Preparedness Week and widely distribute Y2K brochures. Leabelle Schwartz, 2800 Whitworth Drive, spoke regarding neighborhood preparedness for Y2K and asked the Council to take a more proactive position regarding Y2K. Randy Fischer, 3007 Moore Lane, Natural Resources Advisory Board member, expressed concerns regarding the possible location of a minor league baseball stadium in the river corridor and the possible use of public funds for such a project, and he suggested NRAB review of the matter. He also expressed a concern regarding the placement of issues such as Item #23 on the Consent Calendar. Jeff Hogan, Fort Collins resident, spoke regarding Y2K preparedness in the neighborhoods Steve Erickson, 2613 LaPorte, expressed concerns regarding easy access to pornographic websites on computers in the libraries and public schools. Michael Lindemann, 524 Dennison, read a prepared statement regarding overseas disruptions that might result from Y2K problems. Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the drought in many parts of the country and ideas to help fanners impacted by the crisis. 377 August 3, 1999 Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding recent erosion of the citizen participation process and objected to the Mayor changing the time limits for the final speakers under Citizen Participation. He also spoke regarding protection of the river corridor. Al Bacilli, 520 Galaxy Court, spoke regarding the vendor's fee and the sales tax on food. Citizen Participation Follow-up Councilmember Mason asked for a report from the DDA regarding the site selection for a baseball stadium. He suggested that for future meetings the 30 minutes for Citizen Participation be allocated equally among those who wish to speak. Mayor Martinez agreed regarding the allocation of time for Citizen Participation at future meetings. Councilmember Bertschy asked that Mr. Bacilli be provided a copy of the report received by Council regarding the vendor's fee, and he noted that any change in the vendor's fee would require a vote of the people because it would constitute a revenue increase and would be subject to TABOR. Councilmember Kastein stated that the Library Director has recently prepared a memo regarding options to restrict access to pornography on library computers. City Manager Fischbach stated that he will request preparation of a written report on the issue. Councilmember Mason asked about Boards and Commissions reviews of the baseball site selection issue. City Manager Fischbach spoke regarding the City processes that will need to be followed. Councilmember Bertschy noted that he has requested information regarding the impact of the floodplain study on future developments, such as a baseball stadium, along the river corridor. Councilmember Mason noted that he has previously requested a list of all possible DDA and public or private downtown developments. Councilmember Weitkunat explained the vendor fee and stated that the fee is reasonable for the sales tax collection services performed by businesses. Councilmember Kastein inquired whether the Council should discuss issuing a statement regarding preparation for Y2K. Councilmember Mason suggested further discussion regarding a Y2K statement at a study session 378 August 3, 1999 Mayor Martinez spoke regarding the City's efforts concerning Y2K. Agenda Review Kelly Ohlson, 2040 Bennington Circle, requested withdrawal from the Consent Calendar of item #14 Second Reading of Ordinance No. 121, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel, item #18Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed Charter Amendments on Said Ballot, and item #23 Resolution 99-99 Recommending that the Board of County Commissioners Adopt the Larimer County Land Use Code Following Amendment Thereof as Suggested by the Council. CONSENT CALENDAR 8. Second Reading of Ordinance No. 115, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transit Services Fund to be Used for the Provision of Transit Services. Ordinance No. 115, 1999, was unanimously adopted on First Reading on July 20, 1999, and appropriates additional federal funds made available in 1999 for the City as well as transferring funds from the Transit Services Fund prior year reserves for the required local matching funds. 9. Second Reading of Ordinance No. 116, 1999, Authorizing the Transfer of Appropriations from the General Fund to the Debt Service - Certificates of Participation Fund for the Purpose of Making the Payments on the 1998 Lease Purchase Certificates of Participation (Civic Center Facilities Project). Ordinance No. 116, 1999, which was unanimously adopted on First Reading on July 20, 1999, provides for the internal transfer of the General Fund and Downtown Development Authority Debt Service Fund appropriations to the new Debt Service - Certificates of Participation Fund. 10. Second Reading of Ordinance No. 117. 1999, Appropriating Unanticipated Revenue In the Capital Projects Fund to Be Used For The Downtown Intersection Renovation Project. Ordinance No. 117, 1999, which was unanimously adopted on First Reading on July 20, 1999, appropriates $162,355 of existing appropriations within the General Improvement 379 August 3, 1999 District #1 Fund in the Capital Projects Fund. The money will be used to begin the design work and preliminary engineering for the project. 11. Public Hearing and Second Reading of Ordinance No. 118, 1999, Authorizing the Issuance ofNot to Exceed $8,980,000 ofPrivate Activity Bonds for the Dry Creek Apartments Project and Authorizing the Execution of Certain Related Documents and Instruments. Representatives from Concorde Capital Corporation contacted the City of Fort Collins in December of 1998 requesting that the City consider issuing private activity bonds for the purpose of supporting an affordable housing project. The project will consist of up to 150 dwelling units. Twenty-seven of the units will be for individuals or households making no greater than 60% of area median income. Forty percent of the units will be for households under the 50% median income level. The remainder of the project (33%) will be rented at market rates. The City Council considered the request and approved a resolution inducing the project on January 19, 1999. This action used all of the City's 1999 private activity bond allocation of $2,684,075. Concorde Capital and City staff prepared an allocation to the state for additional bonding capacity and made a presentation to the state allocation board. The board awarded $6.3 million of additional allocation to the project. Ordinance No.118,1999 was unanimously adopted on First Reading on July 20, 1999. 12. Second Reading of Ordinance No. 119. 1999, Authorizine the Conveyance of a Parcel by a Quit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them by the City. In September 1999, the City plans to construct a right -turn lane to alleviate congestion at the southwesterly corner of the Horsetooth/Mason Street Intersection. Two properties are affected by the project. The corner lot has already been purchased by the City. An agreement has been reached with Dayton Family LLP, owner of the adjacent property, "Horsetooth Lanes". As part of the Dayton agreement, the City needs to convey to the Dayton Family LLP sufficient property to allow for the replacement of 21 parking spaces to be eliminated as a result of the conveyance to the City. These spaces will be constructed on a portion of the corner lot and transferred to the Daytons by Quit Claim Deed. Ordinance No. 119,1999 was unanimously adopted on First Reading on July 20, 1999. 13. Second Reading of Ordinance No. 120,1999, Amending Section 2-32ofthe City Code With Reeard to the Posting_of Public Notice of the Meetings of Council Committees. The City Code provisions pertaining to open meetings presently require that all Council committee meetings at which a majority or quorum is in attendance must not only be open to the public but shall be held only after full and timely notice to the public. In the case of three -member Council committees, this could be construed to mean that no two Council M l August 3, 1999 members who are on the same committee can discuss anypublic business without the posting of notice. Ordinance No. 120, 1999, which was unanimously adopted on First Reading on July 20, 1999, requires that any such discussions remain open to the public but would not require the posting of the prior public notice before they could occur. 14. Second Reading of Ordinance No. 121.1999. Appropriating Prior Year Reserves inthe Sales and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel. Ordinance No. 121, 1999, which was unanimously adopted on First Reading on July 27, 1999, appropriates prior year sales and use tax reserves to partially fund restoration of the Northern Hotel. 15. Items Relating to the Mason Street Transportation Corridor Project. A. Resolution 99-94 Authorizing an Exemption to the Use of a Competitive Process for Additional Professional Services in Connection with the Mason Street Transportation Corridor Project. B. First Reading of Ordinance No. 122, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Building Community Choices Streets and Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason Street Transportation Corridor Capital Project. The Mason Street Transportation Corridor Project ("Corridor") is in the planning and design stage. The original scope of work issued to the consulting firm of Balloffet & Associates, Inc. (`Balloffet") for planning and design of the Corridor does not include a comprehensive travel origin and destination study. The purpose of this study is to identify transportation opportunities along the Corridor, accurately predict transit usage, and develop a multi -modal transportation model. This Ordinance appropriates revenue dedicated to the project to fund an addendum to the scope of work for Balloffet for a vehicle intercept origin and destination survey, a transit on -board survey, and a special generator study for Colorado State University. 16. Items Relating to Upgrading Crossing Warning. Devices. A. Resolution 99-95 Authorizing the City Manager to Enter into an Agreement with the Colorado Department of Transportation, and the Burlington Northern Santa Fe Railway Company for Upgrading the Crossing Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad Crossing. 381 August 3, 1999 B. First Reading of Ordinance No. 123, 1999, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to Be Used to Upgrade Crossing Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad Crossing. The agreement with the Colorado Department ofTransportation (CDOT), and the Burlington Northern and Santa Fe Railway Company (BNSF), is for upgrading the crossing warning devices at the West Drake Road and BNSF crossing. The project consists of upgrading the existing signal system and adding gates to improve safety. A "constant warning device" that monitors the track for approaching trains will also be upgraded with new equipment. The "constant warning device" minimizes the delay to traffic at the crossing. The new equipment will also reduce the risk of equipment failure which can cause extensive delays to traffic. 17. First Reading of Ordinance No. 124, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Local and Regional Transportation Demand Management Programs. These dollars will be used by the City of Fort Collins and the North Front Range Transportation and Air Quality Planning Council (the "NFRT&AQPC") to promote the use of alternative transportation and raise awareness of air quality issues and steps that can be taken by citizens to help preserve good air quality. The monies are part of a state grant of federal transportation dollars allocated to the City of Fort Collins by the NFRT&AQPC. 18. Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed Charter Amendments on Said Ballot. A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Latimer County Coordinated Election. B. First Reading of Ordinance No. 126, 1999, 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. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and Referendum. 382 August 3, 1999 D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors ofthe City ofFort Collins Proposed Amendments to Article D{, Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a Recall Election. E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Pertaining to the Appearance of Names on Election Ballots. F. First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict of Interest Rules. 19. First Reading of Ordinance No. 131, 1999, Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. For the past twelve years, Fort Collins Police Services has applied to the Colorado Division of Criminal Justice for federal drug grant monies to help fund the investigation of illegal narcotics activities. Fort Collins is once again joined with other members of the Drug Task Force, to include the Loveland Police Department, Larimer County Sheriff's Department and the Colorado State University Police Department, in one application for funding of the multijurisdictional drug task force to be administered by the City of Fort Collins. As administrator of the 1999-2000 grant, Police Services will assure funding to other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $295,506. The participating agencies will be providing matching funds in the amount of $295,506. A portion of the $295,506 match will consist of $32,712 from participating agencies so as to fund training and equipment needs. Fort Collins portion of the match is $129,399. This match is met via the budgeted salary and fringe benefits ($117,931) of existing Fort Collins Police Services personnel currently assigned to the Drug Task Force and $11,468 earmarked for Fort Collins Polices Service's share of equipment and training costs. 20. Items Relating to Installation of New Crossing Warning Devices. A. Resolution 99-96 Authorizing the City Manager to Enter into an Agreement with the Colorado Department of Transportation, and the Union Pacific Railroad Company for Installing New Crossing Warning Devices at the Larimer County Road 32 and Union Pacific Railroad Crossing. 383 August 3, 1999 B. First Reading of Ordinance No. 132, 1999, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to Be Used to Install New Crossing Warning Devices at the Larimer County Road 32 And Union Pacific Railroad Crossing. The agreement with the Colorado Department of Transportation (CDOT), and the Union Pacific Railroad Company (UPRR), is for installation of crossing warning devices at the Latimer County Road 32 and UPRR crossing. The project consists of replacing the existing stop sign controlled crossing with a signal system and gates to improve safety at the crossing. In addition, the signal system will improve the function of the street by requiring vehicles to stop only for trains. This installation will work well with the traffic signal planned for installation at Larimer County Road 32 at Timberline Road (700 feet to the east of the crossing). 21. Items Related to the Development of the Visitors Center at the Environmental Learning Center (the Center). A. Resolution 99-97 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Colorado State University Through the State Board of Agriculture for the Long-term Lease of Visitor Center Space at the Environmental Leaming Center. B. First Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning CenterNisitor Center Project. Resolution 99-97 authorizes the Mayor to enter into an Intergovernmental Agreement with CSU. The agreement specifies the term of the Agreement (50 years) and sets out the respective rights and responsibilities of the parties regarding the leased space. The Agreement also sets forth certain terms and conditions between the City and the University regarding the development of the Center. Ordinance No. 133, 1999, conveys an easement to CSU on City property (roughly %z acre on the Resource Recovery Farm). The purpose of the easement is to allow CSU to develop a parking lot that will serve both the Center, and the Geologic Gardens (Rock Park— described in detail at the end of this summary). The 2-acre Rock Park will be located adjacent to the parking lot and the Center, and will be developed in 2000 and 2001. 384 August 3, 1999 22. Resolution 99-98 Authorizing the Mayorto Enter into an Intergovernmental Agreement with the State Board of the Great Outdoor Colorado Trust Fund for the Development of a Skate Park at Edora Park. The development of a skate park at Edora Park will serve youth who like to skateboard or rollerblade. The design and construction of the facility will include youth that are involved in this sport, City staff, and consultation with skate park experts. Skateboarding and rollerblading continue to increase in popularity and the City's existing skate park at the Northside Aztlan Center is unable to meet this demand. The development of the facility at Edora Park will provide a safe location for skateboarding activities and alleviate the overcrowding and over use at the existing facility. 23. Resolution 99-99 Recommending that the Board of County Commissioners Adopt the Larimer County Land Use Code Following Amendment Thereof as Suggested by the Council. Latimer County has had land use and zoning regulations since 1963. These regulations set the rules for developing land in the unincorporated areas (outside the cities) of the County. In 1995, the County Commissioners decided the County's land use and zoning regulations were uncoordinated, sometimes confusing and occasionally contradictory. The Commissioners directed the County staff to undertake a major review and revision of their codes. The Proposed Land Use Code was sent to the City for review and comment. Copies of the proposed Code were distributed to City staff and specific responses from representatives of each of the affected City departments were collected and summarized. In general, the Proposed Land Use Code is a significant improvement over the existing County land use regulations. The purpose of this Resolution is to urge the County to adopt the Proposed Land Use Code. There are a few minor concerns that the City staff would recommend be addressed in the document. 24. Routine Deeds and Easements. A. Temporary drainage easement from Country Ranch II Limited Partnership, located south of Harmony and east of County Road 9. Monetary consideration: $0. B. Drainage easement from Fort Collins Plaza LLC, located south of Horsetooth and east of Mitchell Drive. Monetary consideration: $0. C. Temporary construction easement from Fort Collins Plaza, LLC, located south of Horsetooth Road and east of Mitchell Drive. Monetary consideration: $10. M-11 August 3, 1999 D. Easement from James R. and Elsa A. Swanstrom, to install oval vault to underground existing overhead electric system, located at 638 West Prospect. Monetary consideration: $75. E. Right-of-way dedication from Country Ranch 11 Limited Partnership, located on Timberwood Drive between Corbett Drive and County Road 9. Monetary consideration: $0. Ordinances on Second Reading were read by title by Deputy City Clerk Harris. 8. Second Reading of Ordinance No. 115, 1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transit Services Fund to be Used for the Provision of Transit Services. Second Reading_of Ordinance No. 116, 1999, Authorizing the Transfer of Appropriations from the General Fund to the Debt Service - Certificates of Participation Fund for the Purpose of Making the Payments on the 1998 Lease Purchase Certificates of Participation (Civic Center Facilities Proiect). 10. Second Reading of Ordinance No. 117, 1999, Appropriating Unanticipated Revenue In the Capital Projects Fund to Be Used For The Downtown Intersection Renovation Project. 11. Second Reading of Ordinance No. 118, 1999, Authorizing the Issuance of Not to Exceed $8 980 000 ofPrivate ActivityBonds for the Dry Creek Apartments Project and Authorizing the Execution of Certain Related Documents and Instruments. 12. Second Reading of Ordinance No. 119, 1999, Authorizing the Conveyance of a Parcel by a Quit Claim Deed to Dayton Family LLP in Exchange for a Parcel to be Acquired from Them by the City. 13. Second ReadinpofOrdinance No. 120,1999, Amending Section 2-32ofthe CityCode With Regard to the Posting of Public Notice of the Meetings of Council Committees. 14. Second Reading of Ordinance No. 121, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel. go August 3, 1999 Ordinances on First Reading were read by title by Deputy City Clerk Harris. 15. First Reading of Ordinance No. 122, 1999, Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Building Community Choices Streets and Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason Street Transportation Corridor Capital Project. 16. First Reading of Ordinance No. 123, 1999, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to Be Used to Upgrade Crossing Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad Crossing. 17. First Reading of Ordinance No. 124,1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Local and Regional Transportation Demand Management Programs. 18. Items Relating to Calling a Special Election for November 2, 1999, and Placing Proposed Charter Amendments on Said Ballot. A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Larimer County Coordinated Election. B. First Reading of Ordinance No. 126, 1999, 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. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and Referendum. D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors ofthe City of Fort Collins Proposed Amendments to Article IX, Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a Recall Election. E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Pertaining to the Appearance of Names on Election Ballots. 387 August 3, 1999 F. First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict of Interest Rules. 19. First Reading_of Ordinance No. 131, 1999, Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. 20. First Reading of Ordinance No. 132, 1999, Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to Be Used to Install New Crossing Warning Devices at the Larimer County Road 32 And Union Pacific Railroad Crossing. 21. First Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non -Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning CenterNisitor Center Project. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not pulled from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Weitkunat commented regarding Item No. 21 First Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non -Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning CenterNisitor Center Project, emphasizing the partnership and cooperative effort regarding the project. Councilmember Mason noted that he submitted a number ofquestions regarding Item No. 21 relating to the City's financial involvement in the project. He requested additional information regarding the funding prior to Second Reading of the Ordinance. Councilmember Reports Councilmember Wanner reported regarding the Finance Committee's discussions concerning a possible sales tax rebate for affordable housing on building materials, electric deregulation, sales tax EM August 3, 1999 on internet transactions, and a cost of living adjustment for retired employees under the General Employees Retirement Plan. Staff Reports City Manager Fischbach reported that Assistant City Manager Frank Bruno has been appointed to the Rocky Mountain District Export Council. He also reported that the Shields/Drake intersection will be closed for reconstruction from August 20 through August 23. In addition, word has been received from HUD that the Housing Authority has been designated as a "standard performer" in the Public Housing Management Assessment Program. Executive Session Authorized Councilmember Kastein made a motion, seconded by Councilmember Wanner, to adjourn into Executive Session to discuss property acquisition and legal matters. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The meeting adjourned into Executive Session at 6:55 p.m. and reconvened following the Executive Session at 7:20 p.m.) Items Relating to Master Street Plan Amendments, Failed The following is staff s memorandum on this item. "Financial Impact The cost of the improvements required to build an arterial street on the Modified Vine alignment is projected to be $45.4 million. Of that amount, the City can reasonably expect to receive $19.8 million in Street Oversizing fees and $5.1 million in Local Street Portion contributions by development on the north side of the street ($24.9 million total). The remainder, or $20.5 million, would be the responsibility ofthe City. The cost of the improvements required to build an enhanced major arterial street for the purpose of relocating Colorado Highway 14 on the Modified Vine alignment is projected to be $51.3 million. Asa highway theproject has the potential of receiving up to 80% from federal and state sources or $41 million. Both Street Oversizing fees and Local Street Portion contributions would still apply and could be applied to the City's local share of the cost of the highway. RM August 3, 1999 Executive Summa A. Resolution 99-100 Amending the Master Street Plan so as to Establish a New Category of Streets Known as "Enhanced Major Arterial Streets " and Designating a Portion of East Vine Drive as an Enhanced Major Arterial. A resolution designating a portion of East Vine Drive was first presented to Council on June 15, 1999. That Resolution failed on a 3-3 vote of the City Council. This agenda item again presents to City Council the question of whether the Modified Vine Alternative should be designated as an enhanced major arterial. This action establishes a category of streets known as "enhanced major arterial streets, " with a right-of-way width requirement up to two hundred fifty one (251) feet as described in Exhibit B. It will also amend the Master Street plan to show the proposed Modified Vine Alternative as a future enhanced major arterial street in order to accommodate either an major arterial street, an alternative truck route and/or the possible relocation of Colorado Highway 14. In addition, the classification of the old alignment of Vine Drive from Lemay Avenue to Redwood Street would be changed to a local street and the classification of the old Vine Drive from Redwood to College Avenue would be changed to a minor arterial. These changes are included in Exhibit A. This action also directs the City Manager to negotiate with Larimer County a proposed intergovernmental agreement between the County and the City which would require that all new development in the County accommodate the streets and transportation facilities shown on the City's Master Street Plan and to submit the proposed agreement to the City Council for its consideration. Finally, the resolution directs the City Manager to continue planning, design, and right-of-way acquisition to allow for the possible construction of either a major arterial, an alternative truck route and/or the relocation of Colorado Highway 14 along the Modified Vine Alternative route. This action does not relocate Colorado Highway 14 at this time, but does amend the Master Street Plan to allow for future planning and right-of-way acquisition for the potential relocation of Highway 14. B. Resolution 99-101 Amending the Structure Plan Map and the Mountain Vista Area Sub Area Plan Regarding The Establishment of an Enhanced Major Arterial Street Along a Portion of East Vine Drive. This action updates these documents to reflect the changes made in the previous resolution. August 3, 1999 BACKGROUND: This item is being brought back to City Council. It was first presented on June 15, 1999. Staff is providing essentially the same background information as provided in June. The relocation of Colorado Highway 14 out of the downtown historic district has been studied for over fortyyears. Proposals to build anew alignment for the highway have also been made during that time yet no decision has been made to precipitate the move. As Fort Collins has grown and the volume of traffic through the historic downtown has increased, the problems with leaving Colorado Highway 14 in the downtown area have intensified. In 1997, City voters approved Building Community Choices that included financial resources for developing an alternative travel route in the northeast quadrant of the city. Projections for future growth in northeast Fort Collins are substantial. If realized, future opportunities to move Highway 14, including the truck traffic, would be severely limited. This project was approved on April 8, 1997, by the Building Community Choices (Ordinance 31) vote. The official language used to describe the Highway 14 Relocation — NE Fort Collins Truck Route Project was "This project will provide for the planning, design, right-of-way acquisition, and/or other project costs associated with road improvements for an alternative truck route in the northeast quadrant of the City ". The Highway 14 Relocation — NE Fort Collins Truck Route Project was initiated in February 1998. The project team included Transportation Planning staff and consultants from the firm Balloffet & Associates. A Citizens Advisory Committee and a Technical Advisory Committee were established to guide the process and provide input into the research and development of alternatives and staff recommendations. The Citizen Advisory Committee included representatives of the affected neighborhoods as well as members from the city at large. The Technical Advisory Committee included representatives from various City departments including Traffic, Transportation Planning, Storm Water, and Advance Planning. In addition, the Technical Advisory Committee also included representatives from Larimer County Public Works, the Federal Highway Administration, the Colorado Department of Transportation, and the Colorado Department of Revenue. The Highway 14 Relocation — NE Fort Collins Truck Route Project was coordinated with the Mountain Vista Sub Area Plan, a plan City Council adopted earlier this year. The joint planning between these two efforts ensured that land use and transportation were considered essential elements of both proposed plans as they were developed. 391 August 3, 1999 The Highway 14 Relocation — NE Fort Collins Truck Route Project was conducted as a "deductive" planning process. It began with a broad view of the possibilities available to the City to move Highway 14 and narrowed those alternatives as information and analysis became available through the sixteen month planning process. Staff, consultants, and committees examined nineteen route alternatives with two additional alternatives suggested by City Council for a total of twenty-one that were analyzed. The final six alternatives include the following routes: 1. Modified Vine 2. Mulberry/Lemay/Vine 3. Mulberry/Timberline/Vine 4. Vine 5. County Road 58 6. A Downtown Couplet (Jefferson Street and Willow Street) The following problems and disadvantages associated with four of the six alternatives make them undesirable, unworkable, and/or too costly. The Mulberry/Lemay Alternative ♦ Traffic engineering design difficulties at Mulberry and Lemay ♦ Very high level of future traffic demand predicted in both the Mulberry and Lemay corridors ♦ Very high intensity of commercial development at Mulberry and Lemay ♦ Proximity to residential development ♦ Limited mitigation opportunities in the Lemay corridor 2. The Vine Alternative ♦ Was the least expensive of the alternatives examined, but separated the Alta Vista neighborhood from Buckingham and Andersonville ♦ Displaced eight additional homes beyond other alternatives ♦ Limited mitigation opportunities through the Alta Vista and Andersonville neighborhoods The County Road 58 Alternative ♦ Cost estimate is $50 million greater than the Master Street Plan ♦ Would not provide a connection to existing Highway 14/Mulberry for 85,000 lb. gross vehicle weight trucks. The additional cost for improving the frontage road 392 August 3, 1999 would be an additional $18 million ♦ Is 3 miles longer than the current route from I-25 to the potential future intersection of US 287 and extended CR 58 (Existing route = 11.5 miles versus 14.5 miles) Adding additional miles to the highway system is unacceptable to CDOT. ♦ Based on traffic model projections, the County Road 58 route would attract only 1,500 total vehicles. Less than 500 vehicles would divert from Mulberry and Vine ♦ Is located in Larimer County, not Fort Collins. Approvals for this alternative would be necessary from the County. ♦ Is located in the Upper Front Range instead of the North Front Range. Therefore, any CDOT funding would need to be obtained from the Upper Front Range to address a North Front Range concern. ♦ The CR 58 alternative would require CDOT 1601 and FHWA approval for a new interchange. Key to this approval is justification that there are no alternatives available to the recommended new interchange. ♦ Could result in growth inducement. 4. The Downtown Couplet Alternative ♦ Would require crossing four additional sets of railroad tracks, in addition to the current two sets of tracks on Mulberry at Riverside and College north of Willow ♦ The City would likely be required to grade separate roads at railroad crossings ♦ Cost estimate is nearly $11 million greater than the Master Street Plan ♦ There would be major capacity and safety problems with the merge of eastbound Mountain/Lincoln through traffic with northwest bound Riverside to Lincoln traffic ♦ Homes and businesses would need to be purchased along Riverside and College to accommodate the additional traffic lanes ♦ Parking would need to be removed along College to accommodate a second southbound left turn lane ♦ Truck deliveries to uses along Willow, such as Ranchway Feed would be impacted ♦ Limited mitigation opportunities exist ♦ Trucks and Highway 14 would remain in historic downtown Fort Collins The fifth alternative, Mulberry/Timberline/Vine, is primarily viewed as a phasing or interim step to implement the Modified Vine recommendation. It contains the same alignment west of Timberline as the Modified Vine alternative and could likely function for a number of years as an interim solution until an interchange could be built at I-25 and Vine Drive. 393 August 3, 1999 The Modified Vine Alternative is preferred as an arterial street because it: ♦ Requires fewer purchases of homes than the current Master Street Plan ♦ Allows the City to reclassify the existing Vine Drive and Lemay Avenue adjacent to the Alta Vista andAndersonville neighborhoods as local residential streets. As such, the neighborhoods can regain a residential atmosphere. ♦ Allows the City to replace the traffic light at Vine/Lemay with stop signs. Allows the City the opportunity to build sidewalks on those streets. Reduces trafftcfrom greater than 10, 000 vehicles a day to a few hundred. ♦ Allows the City to build an arterial that facilitates the construction of the Dry Creek channel to its south thereby creating a natural area buffer to the Alta Vista and Andersonville neighborhoods ♦ Allows the City to design and build an arterial capable of handling traffic demand in the Vine corridor through the year 2050 ♦ Allows the City to build an arterial that improves the traffic situation in northeast Fort Collins into the foreseeable future ♦ Has minimal other environmental impacts ♦ Avoids existing neighborhoods in northeast Fort Collins The Modified Vine Alternative is preferred should it become the alignment for Colorado Highway 14 because it: ♦ Has a cost estimate is only $5.9 million greater than the Modified Vine Alternative as an arterial street in Master Street Plan ♦ that make the new land uses compatible with the highway ♦ Significantly reduces truck traffic in downtown Fort Collins ♦ Allows the City/State to design and build a highway capable of handling traffic demand in the Vine corridor through the year 2050 ♦ Allows the City/State to build a highway that improves the traffic situation in northeast Fort Collins and in historic downtown into the foreseeable future ♦ Allows the City/State to build a highway that facilitates the construction of the Dry Creek channel to its south thereby creating a natural area buffer to the Alta Vista and Andersonville neighborhoods ♦ Adds no additional miles to the state highway system ♦ Eliminates rail/vehicle traffic conflicts ♦ Lowers basin wide air emissions ♦ Allows the City to regain control over Jefferson Street and RiversideAvenue, thereby allowing a redevelopment of the historic district from Jefferson Street to the Poudre River 394 August 3, 1999 ♦ Relieves the neighborhoods adjacent to the current State Highway 14 (Riverside Avenue) where noise mitigation cannot be built or achieved in any way, from the impacts of the highway ♦ Provides noise and visual mitigation from the impacts of the highway for the surrounding land uses ♦ Allows for the construction of a northeast arterial (Vine Drive) with financial help from the State and Federal governments ♦ Is located in Fort Collins ♦ Avoids existing neighborhoods in northeast Fort Collins ♦ Was incorporated into the planning for the Mountain Vista Sub Area The Modified Vine Alternative Route was recommended for Council's consideration by the Technical Advisory Committee, the Citizen Advisory Committee, the Transportation Board, the Planning and Zoning Board, City staff, and the consulting team. It is the only alternative route examined to achieve that level ofsupport. The proposed resolution would reserve sufficient right-of-way for the relocation of Highway 14 along the Modified Vine Alternative Route and the establishment of that right-of-way as an alternative travel route, subject to the appropriation of funds by the Council and the availability of additional state and/or federal funding. " City Attorney Roy spoke regarding the propriety of reconsidering this issue under Roberts Rules of Order and the provisions of the City Charter. City Manager Fischbach presented background information regarding the agenda item, reviewed the purposes of proposed Resolution 99-100 and the financial implications of the proposal, and described the extensive planning and citizen participation processes that have been followed. He stated that the current route will ultimately fail and that three of the four key intersections on the route will fail by 2020; that the current route is adversely impacted by two river and two railroad crossings; that the current route will preclude ever connecting Old Town to the river corridor; that truck traffic has a negative noise, visual and environmental impact on the downtown which can not be mitigated; that the current route has limited right-of-way that presents serious safety problems; and that citizens favor moving the route out of the downtown. He stated that adoption of the Resolution would leave all options open, enable the City to acquire right-of-way for all options for a modified Vine Drive, reduce the long range cost to the City regardless of which options is eventually chosen, provide for additional planning on the modified Vine alignment, including an environmental assessment and design, and reclassify the streets in the Andersonville and Alta Vista neighborhoods to make those neighborhoods more livable. He stated that Resolution 99-101 will be considered if Council adopts Resolution 99-100 and will amend the City Structure Plan and the Mountain Visa Subarea Plan. 395 August 3, 1999 Nancy York, Fort Collins resident, asked that the Council consider the Larimer County Land Use Code and future development during the discussion on this issue. John Kefalas, 604 Sycamore Street, disagreed that the proposed Resolution would keep all options open because it does not mention the possibility of locating the truck route outside the Urban Growth Area. He stated that if Vine Drive is the best solution to the problem then there is no solution. Jean O'Connor, 1608 Sandcreek Court, spoke regarding the impact of the Vine route on developments and the adjacent neighborhoods and suggested an updated traffic study. Mitch Busteed, 4000 Cherry Hills Drive, spoke regarding the many studies that have been done on the issue, stated that the County Road 58 and County Road 70 alternatives are not viable options as portrayed in the current petition effort, and urged the Council to vote in favor of the Vine alternative to avoid failure of the current route and gridlock in the future. Judy Sorbie-Dunn, 1405 Lindenwood Drive, spoke regarding air pollution concerns related to the current truck route and the Vine route. Scott McDonald, 4504 Inlet Court, spoke in support of the Council taking action on the matter and stated that the current petition effort is presenting misinformation. Richard Dunn,1405 Lindenwood Drive, spoke regarding the Choices 95 report and asked about the authority in the Building Community Choices ballot measure for a truck route. Steve Ragowski, no address provided, stated that the core issues concerning the truck route relate to land use rather than traffic and that the Vine route would relocate trucks from a predominantly commercial and industrial area to a predominantly residential area. Marilyn Roberts, 231 Jefferson, spoke regarding the history of the issue and problems on the Jefferson route and noted that the new route would place trucks on a roadway designed and mitigated for that purpose. Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the trucking industry and the fairness of the proposed route. Thomas Haynes, owner of Carpet Works, spoke regarding the difficulties of the current situation and urged the Council to take action. John Meleski, 2619 Featherstar Way, spoke concerning the bundling of projects for the Building Community Choices ballot issue and the initiative petition for relocating the Highway 14 truck route outside of the City. 396 August 3, 1999 Wally Walberg, Jefferson Street resident and building owner, supported an improved route for traffic to get out of Old Town and spoke in favor of the Vine route. Pete Wilson, 717 Lindenmier Road, expressed concern regarding the revote on the matter and objected to placement of a truck route and other negative elements in the northeast quadrant. Howard Coopersmith, 1205 Steeplechase Court, asked if the project cost estimate includes an interchange at Vine and I-25 and spoke against putting a state highway and truck route through a residential neighborhood or making it more convenient for trucks to come through Fort Collins. Pavel Bujak, 415 Cherry, former Jefferson Street resident, urged Council to follow professional advice regarding safety and the soundest option and spoke regarding the benefits of the Vine route. Robert Lenk, 322 East Pitkin, stated that the key issue is through traffic that has no business in Fort Collins and spoke in support of a true bypass. Jim McCory, developer representing the Waterfield property, spoke regarding the costs of the project and the impacts of the Vine route on the Waterfield and Bull Run developments. Steve Rome, a resident north of Fort Collins near County Road 58, spoke regarding the residences along that corridor and the need to start over with the process if the decision is made to look at the County Road 58 or County Road 70 alternatives. Lou Stitzel, 521 East Laurel, spoke regarding affordable housing and environmental issues in the river corridor and suggested looking at a transportation district to fund a northern bypass. Don Schlagel, 1131 Lindemeier Road, spoke concerning the impact of the Vine route on the Linden Grove property and the need for a final decision on the project. ("Secretary's Note: The Council took a ten-minute recess at this point.) George Wingfield, 1213 Hawkeye Court, spoke regarding the inability of the City to collect development fees for the south side of Vine because of the railroad tracks and the need to discourage Vine traffic after the completion of the interchange and before the Vine route improvements would occur. Lonnie Alexander, 601 Gregory Road, suggested consideration of the information put together by the Council for a True Bypass. 397 August 3, 1999 Carl Maxey, 2807 East County Road 58, stated that the project could be built better than it would have been built 10 years ago and spoke regarding the need to have citizen advisory committees work closely with technical issues. Wayne Christianson, no address provided, spoke in support of the Vine bypass to resolve traffic and safety issues and noted that the Vine alternative is the only viable financial alternative and that time is running out for a solution. Grant Hall, 1625 East County Road 58, stated that the problem is traffic rather than trucks, that arterials are needed to move traffic, and that there are no alternatives except the Vine route. Larry Stroud, 5706 North Taft Hill Road, spoke regarding the need for an alternative to the Jefferson route and the impact on his property of the option proposed by the Citizens for a True Bypass. He spoke in favor of the Vine alternative and urged Council to weigh the biases of those making comments. Councilmember Weitkunat asked about the projected growth of Fort Collins and future traffic projections for roadways such as County Roads 58 and 70. City Attorney Roy stated that the City has the authority to acquire, fund, and construct public works inside and outside of the City limits if there is a determination of public benefit to the City. Councilmember Weitkunat asked about truck weights and loads on the interstate. John Daggett, Transportation Planner, spoke regarding nondivisible loads. Councilmember Bertschy asked if 85,000 pound trucks are allowed on stretches of the interstate overlaid by state highway. Daggett stated that such interstate/state highway overlays usually run for short distances. Ron Phillips, Transportation Services Director, spoke regarding discussions with CDOT about frontage road improvements and stated that it is not legal to have trucks over 80,000 pounds on the interstate system unless they are permitted as a nondivisible load. Councilmember Bertschy asked about County participation in the Vine interchange in light of Highway 14 interchange improvements that are planned. Phillips spoke regarding the planned improvements to the Highway 14/1-25 interchange and the City's understanding with the County that the Highway 14 and Vine projects are not in conflict because of the differences in time frames. Councilmember Bertschy asked about progress on the port of entry upgrade and the impact it will have on keeping trucks on the interstate. Phillips outlined the construction schedule for the upgrade and truck traffic projections with an automated port of entry. M August 3, 1999 Councilmember Bertschy asked about availability of federal demonstration funds for any of the alternatives. Phillips stated that these funds are available to projects showing total support by the locality, region, and state and that currently the available funds are committed to other projects. Councilmember Bertschy asked if Building Community Choices funds could be spent on right-of- way acquisition outside of the City. City Attorney Roy stated that those funds are earmarked for an alternative truck route that is at least partially in the northeast quadrant of the City and that other funds could be made available by the City for a route that is entirely outside of the City. Councilmember Mason asked about the differences between the federal highway weight restrictions and local roadway weight restrictions. Phillips stated that the weight limit for federal and state highways not on the interstate system is 85,000 pounds and that the interstate weight limit is 80,000 pounds. He noted that there are ongoing federal studies regarding weight limits. Councilmember Kastein asked about the potential federal and state funding for 80% of the project, and the likelihood of the City not receiving that amount. Phillips spoke regarding the factors that could affect this funding, the phases of the project, and the possibility that the Citywould be required to accept maintenance responsibility for the current Mulberry alignment that would no longer be Highway 14 as a trade-off for the State taking over maintenance of Vine. Councilmember Kastein asked about the motivation for CDOT providing assistance on the Vine project. Phillips stated that CDOT's concerns are safety, the difficulty of making improvements and mitigation efforts in the current corridor, and the railroad crossings. Councilmember Kastein asked about the suggestion for a special transportation district. City Manager Fischbach spoke regarding special taxing districts. Councilmember Wanner asked if there would be impacts on possible school or park sites. City Manager Fischbach stated that the school district has not expressed a concern. Pete Wray, City Planner, stated that the school district is aware of the potential impacts on Vine Drive and that an alternative school site has been identified and that neighborhood park sites would depend on the school site locations. Councilmember Byme asked about the environmental studies that would be done in the next step of the process. Ray Moe, project consultant, spoke regarding site specific environmental assessments and citizen participation processes that would be done. Councilmember Byrne asked about estimated trips per day on Vine without a highway designation and the percentage of traffic that would be trucks. Moe stated that the estimate is 20,000 trips per day and that there would be a relatively low percentage of trucks. 399 August 3, 1999 Councilmember Byrne asked about the figures for a realigned highway. Moe stated that there would be about 23,000 trips per day and that about 1,600 would be mid to larger sized trucks. Mayor Martinez asked about truck traffic figures. Moe stated that there has been a 10 percent increase in truck traffic on I-25 at the port of entry over the last two years and that traffic is down by about seven per cent on Highway 287 over the same two-year period. Mayor Martinez asked about the possibility of a truck count for County Road 70. Moe stated that a ten-hour count was done at the intersection of County Road 70 and County Road 19 and that the results do not indicate through truck traffic. Mayor Martinez asked about the citizen comment regarding the amount of residential area on the Vine route compared to the current route. Wray spoke regarding the possible combination of uses and transitional areas along the north side of Vine. City Manager Fischbach stated that it is unknown what uses will ultimately be in the build -out along Vine. Mayor Martinez asked about the citizen comment that the relocation of Highway 14 was not on the ballot. City Attorney stated that voters approved the use of tax revenues and that a portion of the revenues were to be used for planning, design and right-of-way acquisition for an alternative truck route in the northeast quadrant of the City. He stated that this would not preclude City participation in relocation of Highway 14 because not every roadway improvement requires voter approval. Mayor Martinez asked if the Wyoming truck count figures are current. Moe stated that the figures from the port of entry are the best information available. Mayor Martinez asked if CDOT has ever turned down the Vine route for environmental reasons. City Manager Fischbach stated that the City Council rather than CDOT turned down the Vine route in the past. Daggett stated that the City Council at one point turned down an alignment proposed by CDOT. Lou Stitzel spoke regarding the environmental study done by CDOT in 1973. Councilmember Bertschy asked about developments that are underway and how right-of-way acquisition will be handled. City Attorney Roy stated that developments that have received final approval have a vested right to proceed according to the approved plans and that this Resolution would not affect that right. He stated that adjustments may be required in plans that have not yet received final approval. Councilmember Weitkunat asked for clarification that the Resolution does not relocate Highway 14. City Manager Fischbach stated that the Resolution preserves the options and that the Council would have to make a decision in the future in order to relocate Highway 14. ("Secretary's Note: The Council took a ten-minute recess at this point.) August 3, 1999 Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 99-100. Councilmember Bertschy made a motion to add in the first sentence of Section 4 in the phrase "continue such planning" the words "environmental assessments," before the word "planning." The maker and second (Councilmembers Wanner and Weitkunat) accepted the amendment as a friendly amendment to the original motion. Councilmember Bertschy made a motion to add a sentence to Section 4 to read: "That as part of the planning phase a study be made of truck traffic within the City and alternatives examined to deter pass -through truck traffic within the City limits." The maker and second (Councilmembers Wanner and Weitkunat) accepted the amendment as a friendly amendment to the original motion. Councilmember Bertschy made a motion to add a new Section 5 as follows: "Section 5. That to the extent that planning of the truck route and/or the relocation of Colorado Highway 14 along the modified Vine alternative route progresses to the design stage, staff is directed that: (1) the design shall make every effort to preserve historic structures; (2) the grade separation of the intersection of Lemay and Vine shall be studied in order to enhance traffic flow, noise abatement and reduction of emissions; (3) annexation ofthe proposed right-of-way be accomplished prior to expenditure of City funds on acquisition or construction." The maker and second (Councilmembers Wanner and Weitkunat) accepted the amendment as a friendly amendment to the original motion. (**Secretary's Note: The Council took a ten-minute recess at this point to allow an opportunity for the City Attorney to draft language for the proposed amendments.) City Attorney Roy read the recommended language for the friendly amendments to the original motion as follows: (1) Section 4 to be amended to read: "That, to the extent that adequate funding is appropriated by City Council, the City Manager is further directed to continue such planning, environmental assessments, design and right-of-way acquisition as maybe necessary to allow for the possible construction of either a major arterial, an alternative truck route and/or the relocation of Colorado Highway 14 along the Modified Vine Alternative route. That as part of the planning phase for any such roadway, studies shall be undertaken to (a) identify the volume and kind of truck traffic within the city, and to the extent reasonably possible, deter non -local truck traffic from passing through the City limits; and to the extent reasonably possible, deter non -local truck traffic from passing through the city limits; and (b) examine the feasibility of a grade separation at the intersection of Vine Street and Lemay Avenue, the purpose of which grade separation shall be to enhance traffic flow, noise abatement and the reduction of emissions." (2) Add a new Section 5: "That, to the extent that the planning of a major arterial or alternative truck route and/or the relocation of Colorado Highway 14 along the Modified Vine Alternative route progresses to the design stage, the design of any such roadway shall preserve any historically designated structures 401 August 3, 1999 within or adjacent to said route; provided, however, that this provision shall not prohibit the relocation of any such structures." Councilmember Byrne commented regarding the extensive study of this transportation project and that the intent is building a City while not destroying neighborhoods. He spoke regarding the responsibility of the Council to act strategically while being mindful ofthe impact on neighborhoods. He stated that he would be supporting the motion. Councilmember Mason stated that he would not be support the motion because of the impact on the neighborhoods and commented regarding the difficulty of the decision. Councilmember Weitkunat stated that she would support the motion and that a decision must be made because the passage of time brings more obstacles to a solution. She spoke regarding the benefits of the project to the northern areas of the City. Councilmember Bertschy stated that he would not be support the motion and spoke regarding the goal to keep trucks out of the City. He commented regarding the impacts on the neighborhoods. Councilmember Kastein spoke regarding funding issues for a bypass north of the City and for the Vine route and growth in the northeast quadrant. He stated that he would not support the motion. Councilmember Wanner stated that he would support the motion and that the intent of the Resolution is to keep all options open. Councilmember Byrne spoke regarding leadership and expressed frustration concerning the issue. Mayor Martinez spoke regarding the need to look at all alternatives and to look at the social impact on the neighborhoods and budget priorities. He stated that he would not support the motion. The vote on the motion to adopt Resolution 99-100 as amended was as follows: Yeas: Councilmembers Byrne, Wanner and Weitkunat. Nays: Councilmembers Bertschy, Kastein, Martinez and Mason. THE MOTION FAILED. Councilmember Byme requested discussion regarding the next step. Councilmember Bertschy requested discussion of the Resolution creating modified Vine as an arterial. 402 August 3, 1999 Councilmember Wanner suggested that the matter be brought forward as a matter of general discussion at the next regular City Council meeting. Councilmember Byrne suggested that the Council decide what will happen next and give the community an idea about the time frame for looking at other alternatives. City Manager Fischbach stated that time could be available at the August 10 Study Session. Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Resolution 99-102. Councilmember Fischbach requested additional time for staff to study the implications of the Resolution prior to Council consideration. Councilmember Bertschy stated that it was his understanding that right-of-way issues were pressing and that staff had recommended adoption of the Resolution. Phillips spoke regarding right-of-way issues and requested additional time for staff to study the issue in light of the fact that Resolution 99- 100 was not adopted. Councilmember Bertschy withdrew the motion. Mayor Martinez asked how much time staffneeds to study the issue. City Manager Fischbach stated that staff would request two months. Phillips spoke regarding the intent of the Resolution. Mayor Martinez requested an update on the issue in 30 days. Ordinance No. 121,1999 Appropriating Prior Year Reserves in the Sales and Use Tax Fund to Partially Fund the Restoration of the Northern Hotel. Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary Ordinance No. 121, 1999, which was unanimously adopted on First Reading on July 27, 1999, appropriates prior year sales and use tax reserves to partially fund restoration of the Northern Hotel. " Kelly Ohlson, 2040 Bennington Circle, spoke in favor of the project but suggested that the City more closely monitor all DDA projects and require these projects to come to the Council up front rather 403 August 3, 1999 than when funding is requested. He also suggested monitoring to ensure that the units remain affordable housing. Councilmember Weitkunat made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 121, 1999 on Second Reading. Councilmember Mason spoke regarding the historic preservation of a structure that is a cornerstone of the downtown and the addition of affordable housing. Councilmember Wanner commented that DDA generally pays for projects upon completion. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Items Relating to Calling a Special Election for November 2,1999, and Placing Proposed Charter Amendments on Said Ballot, Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary A. First Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Larimer County Coordinated Election. B. First Reading of Ordinance No. 126, 1999, 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. First Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article Xof the City Charter, Pertaining to Initiative and Referendum. D. First Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article IX, Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a Recall Election. 404 August 3, 1999 E. First Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Pertaining to the Appearance of Names on Election Ballots. F First Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict oflnterest Rules. Ordinance No. 125, 1999, calls a Special Municipal Election to be held in conjunction with the November 2, 1999 Lorimer County Coordinated Election. The remaining Ordinances place individual Charter amendments on the Special Election ballot. The proposed Charter amendments were considered by the Council Governance Committee, which recommended they be forwarded to the Council for consideration for placement on the ballot. BACKGROUND: A. Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Lorimer County Coordinated Election. This Ordinance calls the election, adopts theprovisions ofthe Uniform Election Code of 1992 in lieu of the Municipal Election Code of 1965, directs the City Clerk to certify ballot content to Larimer County no later than September 7, and authorizes the Mayor to enter into an intergovernmental agreement with Larimer Countyfor the conduct of the election. B. Ordinance No. 126, 1999, 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. The United States Supreme Court recently held that it is impermissible to required that petition circulators be registered electors. This Amendment removes from the Charter the requirement that petition circulators be registered electors of the City, in conformance with the Supreme Court's decision. C. Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and Referendum. Article X, Section 1(e) of the Charter, incorrectly uses the term "refer" with regarding to placing an initiative on the ballot. Conversely, ArticleX, Section 2(e) incorrectly uses the term "submit" with regard toplacing a referendum on the ballot. This Amendment simply corrects 405 August 3, 1999 the language so that an initiative is submitted to the voters, and a referendum is referred to the voters. D. Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article IX Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of Recall Election. The Charterprovisions relating to the recall ofelective officers allow recall proceedings, once commenced, to continue indefinitely. The uncertainty created by pending recall proceedings can have a detrimental effect on the conduct of business by the Council. This Amendment states that a petition for recall must be submitted to the City Clerkfor approval of the form of the petition within ten (10) days after the date that the affected off cer's statement in defense of the charges is due. If a petition is not submitted to the Clerk for approval of its form within the specified time period, the recall proceedings are terminated. In addition, this Amendment requires that a recall election be held not less that sixty (60) nor more that ninety (90) days after the Clerkpresents a petition certified sufficient for recall to the Council. Current language provides for the election to be held in not less that forty-five (45) days nor more than ninety (90) days, which does not provide adequate time for the nomination of replacement candidates and preparation for the conduct of an election. E. Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins ProposedAmendments to Article VIIlofthe City Charter Pertaining to the Appearance of Names on Election Ballots. An earlier Charter amendment inadvertently deleted language pertaining to the appearance of names on the ballot. This Amendment provides for candidate names to be arranged in alphabetical order by surname for each office, and prohibits the appearance of any title or degree designating the business or profession of the candidate. In addition, the Amendment allows the use of nicknames, but prohibits the use of punctuation marks setting our the nickname. These provisions are intended to ensure that the appearance ofa candidate's name on the ballot will not provide any unfair advantage to the candidate. F. Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict of Interest Rules. The Charter's conflict of interest rules presently apply to all authorities, boards, commissions and committees of the City. This amendment would allow persons directly affected by specific proposals to serve on special purpose committees formed to study and make recommendations 406 August 3, 1999 regarding those proposals. Members of the City's regular boards and commissions would continue to be subject to the conflict of interest rules. " Kelly Ohlson, 2040 Bennington Circle, stated that Ordinances proposing changes to the Charter should not appear on the Consent Calendar, and he opposed the adoption of Ordinance No. 130, 1999. He also suggested consideration of a change to Ordinance No. 129, 1999 to require placement of names on election ballots by lot. Councilmember Mason asked for feedback from the Governance Committee regarding Ordinance No. 130, 1999. Councilmember Weitkunat stated that the Ordinance relates to the exemption of special purpose committees from the conflict of interest rules. Councilmember Bertschy stated that special purpose committees generally make recommendations to City staff for drafting of proposals and do not make recommendations to Council regarding policy issues. He stated that the current conflict of interest provisions would prohibit qualified people from serving on these types of committees. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 125, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 126, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 127, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Warmer and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 128, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. 407 August 3, 1999 THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 129, 1999 on First Reading. Councilmember Mason asked if the Governance Committee requested other options such as the one suggested by Mr. Ohlson. Councilmember Weitkunat spoke regarding the discussions of the Governance Committee. Councilmember Mason asked if the ballot order has always been alphabetical. Deputy City Clerk Harris stated that the ballot order has always been alphabetical and that the language was inadvertently removed during recent Charter amendments. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 130, 1999 on First Reading. Councilmember Mason stated that there needs to be a balance discussing legitimate business and ending the meetings at a reasonable hour. Councilmember Byrne stated that there will be additional Charter amendments proposed that will require Study Session discussion and that the proposed amendments that appeared on the Consent Calendar were determined to be less significant. Councilmember Bertschy stated that the Governance Committee discussed the presentation of the proposed Charter amendments to the Council and that these amendments were determined to be housekeeping matters. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. EM August 3, 1999 Resolution 99-99 Recommending that the Board of County Commissioners Adopt the Larimer County Land Use Code Following Amendment Thereof as Suggested by the Council Adopted The following is staff's memorandum on this item. "Executive Summary Lorimer County has had land use and zoning regulations since 1963. These regulations set the rules for developing land in the unincorporated areas (outside the cities) of the County. In 1995, the County Commissioners decided the County's land use and zoning regulations were uncoordinated, sometimes confusing and occasionally contradictory. The Commissioners directed the County staff to undertake a major review and revision of their codes. The Proposed Land Use Code was sent to the Cityfor review and comment. Copies of the proposed Code were distributed to City staff and specific responses from representatives of each of the affected City departments were collected and summarized. In general, the Proposed Land Use Code is a significant improvement over the existing County land use regulations. The purpose of this Resolution is to urge the County to adopt the Proposed Land Use Code. There are a few minor concerns that the City staff would recommend be addressed in the document. These concerns are summarized in Exhibit A. BACKGROUND: Overview In 1994, the Lorimer County Commissioners initiated a project to examine and revise the County's land use planning system. The process has evolved to be known as the Partnership Land Use System (PLUS). The two main elements of PLUS are the Master Plan and new Land Use Code. The Larimer County Master Plan is a policy document that establishes a long-range framework for decision makingfor the unincorporated area of the County. It includes policies for land use, public services and capital facilities and environmental resource protection. The Land Use Code is the second element of PLUS, developed over a period of time beginning in 1997, with an initial draft presented to thepublic in the fall of 1998. Larimer County actively sought out the comments and suggestions from the affectedjurisdictions, including Fort Collins. Based on numerous public meetings and hearings, public comments received were incorporated into a new edition titled 97he Proposed Larimer County Land Use CodeO. Significant content revisions have occurred over time. ,t• August 3, 1999 After careful review, stafffinds that the Proposed Land Use Code is a significant improvement over the existing County land use regulations. Staff also believes that the Proposed Land Use Code is consistent with the Larimer County Master Plan adopted in November, 1997. Proposed Land Use Code Not all of the Proposed Land Use Code is new. For example, most of the existing zoning districts remain relatively unchanged with only minor changes to make them more consistent and easier to read. However, other changes are more substantial such as the provisionsforPlannedDevelopment and Conservation Developments, as well as new regulations regarding adequate public facilities, wetlands, hazard areas, wildlife, landscaping, air and water quality, and development design. The City's Land Use Code Standards was used as a basis for several of these new regulations. The Board of County Commissioners has consistently held to its policy that existing zoning will not be changed. However, the proposed changes include new requirements that will impact the pattern and timing ofdevelopment in the County includingperformance standards, design criteria, required levels of service and similar tools, as well as several incentive -driven alternative development patterns. For example, one of the major goals of the County's Master Plan was to maintain the "rural " character ofthe areas located outside ofthe cities. Some tools that the County will be using to achieve this goal include the new Conservation Development (or &Iustering') provisions and the TDU Program. Although the County should be commended for these efforts, staff continues to question whether the Proposed Land Use Code goes far enough in preserving rural character and maintaining separation between communities. The existing zoning of FA, FA-1 and AP Airport allow densities above what would be considered rural by City staff. Lastly, in working towards a funding system where new development pays its fair share ofthe costs of new services and facilities, certain new fee structures have been incorporated into the Code including regional parkland, county transportation capital expansion, and regional transportation fees. Specific Comments A copy of the proposed Code was distributed to appropriate City Departments for review. Specific staff responses were compiled listing general comments and specific text revisions to be incorporated into the Code (See Exhibit A to Resolution 99-99). Council Growth Management Committee Recommendation: The Council Growth Management Committee reviewed staff comments at its meeting held on July 19, 1999 and agreed to forward a recommendation to Council supporting the Proposed Lorimer 410 August 3, 1999 County Land Use Code, dated May 17, 1999, with the incorporation ofsuggested staff changes into the Code Document. " Councilmember Mason stated that the Growth Management Committee reviewed the matter and has made a recommendation to the Council for approval of the Resolution. He also stated that the Council will be meeting with the Larimer County Commissioners on August 4 and that this is on the agenda. Evelyn King, 6321 14th SW, Loveland, spoke regarding the impact of the proposed Land Use Code and stated that the unincorporated portion of the County does not have the growth problems experienced in Fort Collins. She stated that the proposed Code is extreme in light of the slow growth experienced in rural Larimer County and that the Code is contradictory and confusing. She asked that the Council remain neutral or recommend to the County that the Code be made fairer. Randy Fischer, 3007 Moore Lane, spoke in support of making the proposed Land Use Code better and stronger and stated that there have been efforts to weaken the Code to the point that it is not acceptable to the City. He stated that the Code has deficiencies in regard to environmental issues, and he requested that the Council amend the Resolution to state that the Land Use Code should be amended in accordance with City staff recommendations to make it meaningful or it will not be supported by the City. Kelly Ohlson, 2040 Bennington Circle, stated that he withdrew this item from the Consent Calendar because it will have significant impact on residents of Fort Collins. He also noted that the City's feedback should have been given to the County much earlier. Councilmember Bertschymade amotion, secondedby Councilmember Wanner, to adopt Resolution 99-99. Councilmember Byrne asked about the schedule for County adoption of the Code. Pete Wray, City Planner, outlined the schedule and spoke regarding the feedback processes that have taken place. Joe Frank, Director of Advance Planning, spoke regarding the City's review and previous feedback given to the County. Councilmember Byrne asked if the outcome of implementation of a watered down Code will be clustered sprawl. Wray stated that there are concerns regarding maintenance of rural character outside of municipal boundaries. Frank spoke regarding rural character and cluster development. Councilmember Byrne asked about the possibility of making a recommendation to the County regarding how to preserve rural character. Frank suggested that rural character in the FA-1 zone could be discussed at the August 4 meeting with the County. 411 August 3, 1999 Councilmember Kastein asked about the County rezoning process. Frank stated that the County is not doing any rezoning with the new Land Use Code. Councilmember Mason requested a friendly amendment to add a deadline of August 31 for the County to respond in writing so that the City would have the County's reply before the Commissioners vote on the matter. The motion maker and second (Councilmembers Bertschy and Warmer) accepted the amendment as a friendly amendment. Councilmember Kastein stated that he would not support the Resolution because he is not familiar enough with the proposed Land Use Code. The vote on the motion to adopt Resolution 99-99 as amended was as follows: Yeas: Councilmembers Bertschy, Byrne, Martinez, Mason, Wanner and Weitkunat. Nays: Councilmember Kastein. THE MOTION CARRIED. Other Business Mayor Martinez commented regarding National Night Out. Councilmember Mason stated that he has received input that the trucks on Vine are a danger to the public and requested a staff report on the issue. City Manager Fischbach stated that the Transportation Board and staff are working on the issue. The meeting adjourned at 11:55 p.m. ATTEST: Adiournment Mayor up)