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HomeMy WebLinkAboutMINUTES-10/07/2003-RegularOctober 7, 2003 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 7, 2003, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Councilmembers Absent: Kastein. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Bruce Henderson, Transportation Board Chairman, spoke regarding Pedestrian Month and commented regarding pedestrian safety. Dian Sparling, 324 Jackson Avenue, requested a moratorium on alley houses and further evaluation of rules, regulations and guidelines regarding alley houses. She spoke regarding problems she had observed in her area with regard to alley houses. Phil Friedman, 201 South Grant Avenue, supported an alley house moratorium and stated that alley houses and in -fill development have contributed to an unplanned increase in density and congestion as well as changes in neighborhood character and a burden on aging infrastructure. George Hoffmann, 1101 Valley Oak Court, expressed concerns regarding the anti -business climate that exists and permeates the community. He stated that the City Manager should go due to various problems in the City. He also spoke regarding the coffee shop meetings of Councilmembers that was recently reported in the newspaper. Megan Flanagan, 617 West Myrtle Street, spoke regarding alley houses and the need to ensure that in -fill developments are done appropriately and are compatible with existing neighborhoods such as the historic Old Town neighborhood. She asked for guidelines to ensure architectural compatibility with surrounding development. Tim Vaughan, 123 South Sherwood Street, supported a moratorium on alley houses until standards are put into place. 168 Citizen Participation Follow-up Councilmember Bertschy asked if the Pedestrian Plan is part of the Master Street Plan. City Manager Fischbach stated that it is a separate plan. He stated that he would possibly be requesting more information on the Pedestrian Plan. Councilmember Bertschy stated that he had strong feelings about the alley house issue. He stated that this is not an anti -development issue. He stated that he supports the downtown plan which calls for in -fill development. He stated that he believes that stronger standards regarding alley houses are needed. He stated that he intended to pursue the alley house issue. Councilmember Weitkunat stated that she is concerned about requests for a "moratorium" on alley houses. She stated that she would support looking at the issue and would like an analysis of the number of alley houses and the problems that have been created. She supported researching the matter and gathering information in the older part of the City to determine how many properties could be and have been affected. Councilmember Tharp suggested that an alley tour be arranged for the Council and stated that she would like to see an analysis that looked at the guidelines for alley houses and the variances that were allowed for multiple housing units. Councilmember Roy stated that the downtown and Old Town are prime for changes and that he supported density and in -fill. He stated that the issue is creation of standards for how residential development within the neighborhoods will change. He stated that the issues are the protection of neighborhoods and changes to the core area of downtown. Mayor Martinez supported a review of the standards. He stated that it was unusual to ask for a moratorium in a Soapbox article in the newspaper as had been done in this case. He stated that he would not support misusing the moratorium authority and that a review of the codes is the best way to proceed. Councilmember Bertschy stated that his Soapbox article suggested a number of options and asked a number of unanswered questions. He stated that this is a complex issue and that the newspaper made the moratorium more of an issue than is intended. He stated that the City needs to proceed cautiously and prudently on the issue. He stated that some analysis and more information is needed. Mayor Martinez stated that he would like information from the City Attorney regarding what would be required to have a moratorium. Agenda Review City Manager Fischbach stated that the agenda would stand as printed. 169 October 7, 2003 CONSENT CALENDAR Consideration and approval of the Council meeting minutes of August 19 2003 Postponement of Items Relating to the Peterson Annexation. until December 2 2003 A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson Annexation to the City of Fort Collins, to December 2, 2003. B. Postponement of Second Reading of Ordinance No. 052,2003, Amendingthe Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Peterson Annexation, to December 2, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the Structure Plan for the property known as the Peterson Annexation, and Council also unanimously adopted Resolution 2003-042, setting forth findings of fact and determinations regarding the Peterson Annexation. This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a half mile east of I-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 051, 2003 and Ordinance No. 052, 2003, annexing and zoning the property included in the Peterson Annexation. Because there have been further delays in the final approval of this project, staff recommends postponing Second Reading of these Ordinances to December 2, 2003. 9. Postponement of Items Relating to the Streamside Annexation until December 2 2003 A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins, to December 2, 2003. B. Postponement of Second Reading of Ordinance No. 054,2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation, to December 2, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the Structure Plan for the property known as the Streamside Annexation, and Council also unanimously adopted Resolution 2003-044, setting forth findings of fact and determinations regarding the Streamside Annexation. This is a request for a 100% voluntary annexation of 170 October 7. 2003 approximately 73.67 acres, located just over half a mile east of I-25 and south of Vine Drive. This requested zone district is Urban Estate. On April 1, 2003, Council unanimously adopted Ordinance No. 053, 2003 and Ordinance No. 054, 2003, annexing and zoning the property included in the Streamside Annexation. Because there have been further delays in the final approval ofthis proj ect, staffrecommends postponing Second Reading of these Ordinances to December 2, 2003. 10. Second Readine of Ordinance No. 098, 2003, Authorizing the Transfer of a 151 -acrePortion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program in Exchange for a Total Payment Amount of $1,890,306. In 2000, the City of Fort Collins Natural Areas program purchased 174-acres of the RR Farm along with 3.6 shares of the Lake Canal water for the Running Deer Natural Area. In discussion at the City Council study session regarding the draft 1-25 Corridor Plan on August 27, 2002, there was general support for the City's Natural Areas program to purchase the 151-acre portion of the RR Farm from Utilities. This 151-acre transfer to the Natural Areas program would include the 2.4 shares of Lake Canal water associated with this portion of the RR Farm. This Ordinance, which was unanimously adopted on First Reading on July 1, 2003, authorizes the transfer of a 151-acre portion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program. 11. Second Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount of $186,000 to Install a Median on College Avenue at the Intersection of Lake Street. This Ordinance, which was unanimously adopted on First Reading on September 16, 2003, appropriates funds to install a median on College Avenue at the Lake Street intersection. 12. Second Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Mason Transportation Corridor Trail Project. This Ordinance, which was unanimously adopted on First Reading on September 16, 2003, does not automatically result in the filing of a petition in eminent domain; it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and the affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. This process does not apply to the negotiations between the City and BNSF; it would only apply to any private property owners along the corridor where land may be needed permanently for the trail or just during the construction process. 171 October 7. 2003 Due to recent design changes, the City has identified an additional area on Matmar FC Partnership (Matmar) property that needs to be acquired for the completion of this project. The number of property owners affected by this project is less than reported in the previous Agenda Item Summary. Originally, staff believed ten property owners would be affected by this project. However, subsequent title work has revealed that only four property owners are actually affected. 13. Second Reading of Ordinance No. 130, 2003, Authorizing a Temvorary Construction Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins -Loveland Water District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm Drainage Improvements. The Fort Collins -Loveland Water District (FCLWD) will be constructing a 30" diameter water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins Stormwater Utility needs critical flood control box culverts installed in this location of Timberline for public safety during 100-year storm events. The City and FCLWD are constructing the improvements cooperatively under one contract to minimize cost and impact to the public. The Fort Collins -Loveland Water District will be installing a 30" diameter water line in Timberline Road from Trilby to Carpenter, and continuing south to serve the new Larimer County Event Center and the expanding facilities in the vicinity of the Fort Collins -Loveland Airport. Through inter -agency coordination, the City Stormwater Utility will, in conjunction with this project, install a large drainage crossing on Timberline at Fossil Creek consisting of several box culverts to pass projected 100-year stormwater flows. These improvements are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil Creek Reservoir Natural Area on the east, adjacent Timberline Road. This Ordinance was unanimously adopted on First Reading on September 16, 2003. 14. Second Reading of Ordinance No. 131, 2003, Vacating a Portion of Right -of -Way as Dedicated on the Plat of Rigden Farm, Filing One. The Rigden Farm development site is located south of Drake Road, east of Timberline Road and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an unnamed street would extend northerly beyond Limon Drive between Rockford Drive and Kansas Drive. The street stub for this anticipated street was dedicated with Rigden Farm, Filing One. Rigden Farm, Ninth Filing Parkside Commons for which an Administrative Hearing was held on August 20, 2003, showing that the street stub is no longer needed and 172 October 7, 2003 will be removed. This Ordinance was unanimously adopted on First Reading on September 16, 2003. 15. Second Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights -of -Way as Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1. This site is located south of County Road 52, east of County Road 11 and north of Mountain Vista Drive. It was a county development proposal that dedicated the streets as shown and laid out on the 19th Green Planned Unit Development — Phase 1. Neither the streets nor the development was built. The dedicated right-of-way was annexed into the City when the parcel was annexed in 1983. An Administrative Hearing was held on April 24, 2003, for the Maple Hill development proposal, which shows a different street layout than was originally platted. Therefore, the right-of-way for the streets are no longer necessary and are proposed for vacation at this time. Ordinance No. 132, 2003, was unanimously adopted on First Reading on September 16, 2003. 16. Second Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code Related to Electric Transmission Facilities and Electric Service. This Ordinance, which was unanimously adopted on First Reading on September 16, 2003, revises Sections 26-411 and 26-412 of the Municipal Code to authorize non -City owned electric transmission facilities (those not serving customers within the City) inside the City limits following annexation to remain in place or be relocated into City rights -of -ways or public utility easements under the same terms and conditions as other public utilities. This Ordinance also revises Section 26-444 regarding transfer of customers after annexation. The proposed change eliminates the 90-day limit on the period during which a non -City owned utility may continue to serve its existing customers after annexation without a franchise. 17. First Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds. The purpose of the annual clean-up ordinance is to combine dedicated revenues or reserves that need to be appropriated before the end of the year to cover the related expenses that were not anticipated and, therefore not included in the 2003 budget. The unanticipated revenue is primarily from fees, charges, rents, contributions and grants that have been paid to City departments to offset specific expenses. Prior year reserves are primarily being appropriated for unanticipated operation expenses from reserves that are set aside for that purpose. 173 October 7, 2003 This Ordinance appropriates prior year reserves and unanticipated revenue in various City funds, and authorizes the transfer of appropriated amounts between funds. The City Charter permits the City Council to provide by ordinance forpayment of any expense from prior year reserves. The Charter also permits the City Council to appropriate unanticipated revenue received as a result of rate or fee increases or new revenue sources. Additionally, it authorizes the City Council to transfer any unexpended appropriated amounts from one fund to another upon recommendation of the City Manager provided the purpose for which the transferred funds are to be expended remains unchanged; or the purpose for which they were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. 18. First Reading of Ordinance No. 135, 2003, Appropriating Unanticipated Grant Revenue In the Equipment Fund and the General Fund for Congestion Mitigation and Air Quality Projects and Authorizing the Transfer of Appropriations. The City of Fort Collins was awarded a Congestion Mitigation and Air Quality (CMAQ) grant in 2002. This money was originally appropriated into the North Front Range Transportation & Air Quality Planning Council Fund (NFR) for the construction of a compressed natural gas (CNG) fueling facility, a natural gas appliance and an emission repair project. However, at the end of 2002, the contract with the NFR lapsed and the projects were closed. 19. First Readin¢ of Ordinance No. 136, 2003, Makine Certain Appropriations Related to Operating Expenses of the Metropolitan Planning Organization. The City of Fort Collins has served as the host organization for the North Front Range Transportation and Air Quality Planning Organization ("MPO") since 1987 when the MPO began. The MPO consists of ten northern Colorado cities and towns, two counties, the Colorado Transportation Commission, and the Colorado Air Quality Commission. As the host organization, the City has advanced its funds on behalf of the MPO and member organizations. When the MPO receives federal and state grant monies, it reimburses the City. In 2003, the MPO has taken steps to become an independent organization. With the independent status of the MPO, the monetary transactions between the two organizations should be recognized more formally. Ordinance No. 136, 2003, appropriates prior year reserve funds in the City's Transportation Fund to transfer to the MPO. The Ordinance also appropriates the reimbursements that the MPO has made and expects to make to the City. In 2003, the City expects that the transfers to the MPO will not exceed $2,100,000, the amount of the appropriation from prior year reserves and unanticipated (at the time the budget was adopted) revenue. 174 October 7. 2003 20. First Reading of Ordinance No. 137, 2003, Amending the Legal Description of the Jacoby Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer County. On September 3, 2002 City Council adopted Ordinance No. 117, 2002 authorizing the sale of approximately 160 acres of the Jacoby Farm to Larimer County for the Open Lands Program. The sale is about to be finalized and it was discovered through a land survey that the legal description contained in the ordinance omitted a seven acre parcel. This Ordinance corrects the situation and authorizes the sale of the seven acres. Since the seven acres were included in the original appraisal of the Jacoby Farm, there is no additional compensation due to the City. The closing for both parcels is scheduled to take place before the end of 2003. 21. First Reading of Ordinance No. 138, 2003, Amending the Zoning Map of the City of Fort Collins by Amending the Zoning Classification for that Certain Property Known as the City of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning. This is a request to rezone three parcels of land at the northwest comer of Vine Drive and Wood Street, just west of the existing City of Fort Collins Service Center. The property is currently zoned POL — Public Open Lands and would be rezoned to E — Employment. A total of 15.25 acres of land is included within the rezone requested. The parcel is designated as E — Employment on the City of Fort Collins Structure Plan. The site contains the City's Fleet Service Building and is also used for material storage. The rezone will facilitate the expansion of the Fort Collins Service Center. The rezoning request is consistent with the City of Fort Collins Structure Plan. This plan represents the land north of Vine Drive, 1 /4 mile east of Shields Street for Employment uses. This designation includes the existing Service Center site. 22. First Reading of Ordinance No. 139, 2003, Amending Ordinance No. 097, 2003 Zoning Property Known as the Swift Addition to the Fossil Lakes P.U.D. Annexation to Correct an Error in the Legal Description Contained in Said Zoning Ordinance. On July 22, 2003, City Council adopted Ordinance No. 097, 2003 amending the Zoning Map of the City of Fort Collins and classifying for zoning purposes the property included in the Swift Addition to the Fossil Lakes PUD Annexation. A typographical error in the legal description contained in the zoning ordinance, resulting in a faulty legal description. This Ordinance amends the original zoning ordinance by replacing the incorrect legal description with an amended legal description. 175 October 7. 2003 23. First Reading of Ordinance No. 140, 2003, Authorizing the Lease of Property at the Fort Collins -Loveland Municipal Airport to Alliance Equipment Company, LLC, for the Storage of Construction Equipment and Supplies. Alliance Equipment Company, LLC, wishes to lease two acres of Airport property for outdoor storage of construction equipment and supplies. The Agreement is for a three-year period, beginning November 1, 2003. The ground lease is 5.06 per square foot per year. The lease contains adequate restrictions to prevent any incompatible land use related to Airport operations. The Agreement will provide a new revenue source for the Airport. The Airport has no financial obligations under this Agreement. 24. Resolution 2003-106 Amending the City's Structure Plan Map to Reflect the Changes Contained in the I-25 Subarea Plan. On August 19, 2003, the City Council adopted Resolution 2003-095 incorporating the 1-25 Subarea Plan as an element of City Plan, the City's Comprehensive Plan. The 1-25 Subarea Plan contained a Land Use Plan map which established a pattern of land uses for the I-25 Subarea Plan's planning area. The I-25 Subarea Plan also contained a series of "Implementation Strategies" one of which was to amend the City's Structure Plan map to reflect the land use changes contained in the I-25 Subarea Plan's Land Use Plan map. This resolution will amend the City's Structure Plan Map to reflect the land use changes contained in the I-25 Subarea Plan's Land Use Plan map. 25. Resolution 2003-107 Authorizing the Lease of City -Owned Property at 812 North Shields Street. The City purchased this parcel of land, including house and out buildings, as part of the Operations Services Master Plan. Staff recommends leasing this site until the improvements included in the Master Plan are constructed to discourage vandalism and to lower City costs to maintain the site. The site had been leased for two years and that tenant has moved. Staff will be advertising the property for rent in October. The lease will be in effect for one year and will give the City the option to renew the lease for an additional year. 26. Resolution 2003-108 Authorizing the Lease of City -Owned Property at 110 North Howes Street. The City and the County purchased the property located at 110 North Howes Street as part ofthe Block 31 purchases. Consistent with the Intergovernmental Agreement dividing Block 176 October 7, 2003 31, the County's interest in this property was quit claimed to the City. The County's Risk Management Department was the last occupant of this building and vacated the building two years ago. This space, which is 693 square feet in size, has been considered for other City users, but a current need has not been identified. Staff has shown the space to a private business and negotiations are continuing. Staff recommends leasing this site until this area of Block 31 is needed for future improvements. 27. Resolution 2003-109 Authorizingthe e Mayor to Enter Into an Intergovernmental Agreement Concerning the Northern Colorado Regional Communication Network. The City is currently a party to an Intergovernmental Agreement (IGA) dated December 1999 concerning 800 MHZ radio communications and the Northern Colorado Regional Communication Network (NCRCN). This IGA between the City of Fort Collins, City of Loveland, Poudre R-I School District, Poudre Fire Authority and Northern Colorado Water Conservancy District is in need of revision from the original agreement dated December 1999 due to the partnering of NCRCN with the State's Consolidated Communications Network of Colorado (CCNC) this spring. The revisions eliminate Motorola as the System Manager and provide for funding the ongoing maintenance or repair of the system as well as for expansion and replacement. Each entity will contribute funding based upon the number of subscriber units (radios) each entity has on the NCRCN system. The funding cost per radio is approximately $50. The following City departments have radios on the NCRCN system: Fort Collins Police Services (398 radios); Transfort/Dial-a-Ride (70 radios); Natural Resources (3 radios); and Light and Power (I radio). Based upon the number of subscriber units Fort Collins has on the NCRCN system, it is anticipated that the City's monetary contribution for the year 2004 will be approximately $23,000. This resolution would authorize the Mayor to execute an intergovernmental agreement which sets forth the responsibility of each entity with regard to participation in the network and authorizes the City Manager to execute any future amendments to the intergovernmental agreement. 28. Resolution 2003-I 10 Establishing the Auditor Selection Process. The City Charter requires that the Council provide for an independent audit of the City's financial records each year. The Colorado Revised Statutes and audit principles prescribe that the audit should be managed by the legislative body of the governmental organization. In applying these principles to the City, the Council should be responsible for the selection of the auditor and the auditor should report to the Council throughout the process. This resolution establishes the process, including references to the City's purchasing guidelines 177 October 7. 2003 and procedures, that the Council will follow in selecting the auditor. In the past, the City Council Finance Committee has served as the Audit Committee. For this selection process, the Council Leadership Team will be serving as the Audit Committee. 29. Resolution 2003-1 11 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The Fort Collins City Council recommends that Mayor Ray Martinez and City Manager John F. Fischbach be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-yearperiod. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. 30. Routine Deeds. A. Deed of dedication for easement for emergency access from Nadine and Bradley Holter, located south of Horsetooth Road and west of College Avenue. Monetary consideration: $10. B. Deed of dedication for easement for public access and drainage from Nadine and Bradley Holter, located south of Horsetooth Road and west of College Avenue. Monetary consideration: $10. C. Deed of dedication for easement for drainage easement from Nadine and Bradley Holter, located south of Horsetooth Road and west of College Avenue. Monetary consideration: $10. D. Deed of dedication foreasement forpublic access easement from Nadine and Bradley Holter, located south of Horsetooth Road and west of College Avenue. Monetary consideration: $10. 178 October 7. 2003 E. Deed of dedication for easement for drainage easement from Nadine and Bradley Holter, located south of Horsetooth Road and west of College Avenue. Monetary consideration: $10. Deed of easement to relocate existing electric oval vaults from Stephanie Mercurio - Robb, located at 1717 West Mulberry Street. Monetary consideration: $588. G. Easement forconstruction and maintenance of public utilities from Kyle E. Freestone and Carrie J. Harrod, located at 319 Alpert. Monetary consideration: $200. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 10. Second Reading of OrdinanceNo. 098,2003, Authorizing the Transfer of a 15 1 -acre Portion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program in Exchange for a Total Payment Amount of $1,890,306. 11. Second Reading of Ordinance No. 127, 2003, Appropriating Revenue in the Amount of $186,000 to Install a Median on College Avenue at the Intersection of Lake Street. 12. Second Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Mason Transportation Corridor Trail Project. 13. Second Reading of Ordinance No. 130, 2003, Authorizing a Temporary Construction Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins -Loveland Water District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm Drainage Improvements. 14. Second Reading of Ordinance No. 131, 2003, Vacating a Portion of Right -of -Way as Dedicated on the Plat of Rigden Farm, Filing One. 15. Second Reading of Ordinance No. 132, 2003, Vacating Portions of the Rights -of -Way as Dedicated on the Plat of 19th Green Planned Unit Development - Phase 1. 16. Second Reading of Ordinance No. 133, 2003, Amending Chapter 26 of the City Code Related to Electric Transmission Facilities and Electric Service. 179 October 7, 2003 Ordinances on First Reading were read by title by City Clerk Krajicek. 17. First Reading of Ordinance No. 134, 2003, Appropriating Prior Year Reserves and Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated Amounts Between Funds. 18. First Reading of Ordinance No. 135, 2003, Appropriating Unanticipated Grant Revenue In the Equipment Fund and the General Fund for Congestion Mitigation and Air Quality Projects and Authorizing the Transfer of Appropriations. 19. First Reading of Ordinance No. 136, 2003, Making Certain Appropriations Related to Operating Expenses of the Metropolitan Planning Organization. 20. First Reading of Ordinance No. 137, 2003, Amending the Legal Description of the Jacoby Farm Property and Authorizing the Sale of the Additional Seven Acres of Land to Larimer County. 21. First Reading of Ordinance No. 138, 2003, Amending the Zoning Map of the City of Fort Collins by Amending the Zoning Classification for that Certain Property Known as the City of Fort Collins Vehicle Storage and Operations Service Maintenance Facility Rezoning, 22. First Reading of Ordinance No. 139, 2003, Amending Ordinance No. 097, 2003 Zoning Property Known as the Swift Addition to the Fossil Lakes P.U.D. Annexation to Correct an Error in the Legal Description Contained in Said Zoning Ordinance. 23. First Reading of Ordinance No. 140, 2003, Authorizing the Lease of Property at the Fort Collins -Loveland Municipal Airport to Alliance Equipment Company. LLC, for the Storage of Construction Equipment and Supplies. 34. First Reading of Ordinance No. 129, 2003, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Vineyard Rezoning. Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED October 7, 2003 Consent Calendar Follow-up Councilmember Bertschy spoke regarding item #28 Resolution 2003-110 Establishing the Auditor Selection Process. Councilmember Tharp commented regarding item # 10 Second Reading ofOrdinance No. 098, 2003, Authorizing the Transfer of a 151-acre Portion of the Resource RecoveryFarm from the Wastewater Utility to the Natural Areas Program in Exchange for a Total Payment Amount of $1,890,306. Councilmember Hamrick spoke regarding item #7 Consideration and approval of the Council meeting minutes of August 19, 2003 and thanked the City Clerk for including the minutes in the Council agenda packet. Staff Reports City Manager Fischbach reported stated that the Fort Collins Museum collaborated with Poudre School District to host over 1,400 fourth grade students for the annual Fourth Grade Rendezvous. He also reported that 40 participants in the National Trust for Historic Preservation convention traveled to Fort Collins for a history site tour. He reported that the first annual inaugural golf tournament "Driving for Dough" raised over $10,000 for the Youth Activities Center gym and that the Anheuser Busch Foundation was also donating $50,000 to the effort. Councilmember Reports Councilmember Tharp reported on two Metropolitan Planning Organization meetings and stated that a resolution was approved to allocate 2004 enhancement funds to a number of cities and Congestion Mitigation Air Quality funds to a number of projects. She stated that the City received federal monies in the amounts of $60,000 for the Smart Trips program, $552,000 for the transportation demand management program, and $788,000 for the advanced traffic management system. She reported that the Rural Transportation Authority Policy Committee brought together a group of citizens to receive input on a Rural Transportation Authority, which could be established to create a funding source for regional transportation issues. Councilmember Roy reported on a meeting at Colorado State University that looked at the creation of a landlord alliance that would police and create a resource for renters to use to ensure that standards of quality for rentals would be maintained. 181 October 7, 2003 Ordinance No. 129, 2003 Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property. Known as the Vineyard Rezoning, Adopted on First Reading. The following is staff s memorandum on this item. "Executive Summary This is a request to rezone a portion of a tract of land located at the northeast corner of East Vine Drive and I-25. This parcel is 78.6 acres in size and is currently zoned I —Industrial. The proposed rezoning would rezone the eastern 43.8 acres of land from Industrial to Urban Estate residential, the remaining 34.8 acres of land adjacent to 1-25 would remain zoned industrial. The parcel is designated as part of the 1-25 Special Corridor Study on the City of Fort Collins Structure Plan and Urban Estate on the recently adopted 1-25 Subarea Plan. The rezoning request is consistent with the recently adopted 1-25 Subarea Plan. This plan designates the land 114 mile east of I-25, north of Vine Drive, as Urban Estate Residential. The Urban Estate zone district permits up to two residential units/acre. The purpose of the 1-25 Subarea Plan is to provide a mix of housing and employment uses along 1-25, and provide a transition of density and land use intensityfrom the area directly adjacent to I-25 to the rural character outside of the City's Urban Growth Area in Larimer County. FINDINGS and ANALYSIS Background: A. The surrounding zoning and land uses are as follows: N: 1; Undeveloped S: IIFAI (County); E: FA (County); W: I; Undeveloped/Agriculture Undeveloped/Agriculture Undeveloped The property was annexed as part of the Front Range Farms II Annexation in January, 1988. 2. Quasi -Judicial Rezoning: Theproperties included within the rezoningpetition are less than 640 acres. Therefore, therezoning is considered a quasi-judicial rezoning. In orderfor the Planning and Zoning Board to recommend approval of a rezoning to the City Council, the following criteria shall be met: 182 October 7, 2003 A. Consistent with the City's Comprehensive Plan: The requested UE zoning is consistent with the recently adopted I-25 Subarea plan. This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this parcel as Urban Estate Residential. The Urban Estate Zone District permits residential up to two-units/acre. and/or B. Warranted by change in the neighborhood surrounding and including the subject ro er : The area south of this site will be developing into low -density residential at approximately 1.8 units/acre. This parcel is in the process of being annexed and zoned Urban Estate. The Structure Plan designation for this project is Urban Estate. The proposed rezoning is much more compatible with the type ofdevelopment than the existing Industrial designation. The rural densities east of the site within Lorimer County are anticipated to remain, or, possibly develop within the density permitted under the FA -I zone district in Lorimer County, which is currently one unit/2.3 acres. C. Additional Consideration for Quasi -Judicial Rezonin�s: In determining whether to recommend approval of any such proposed zoning amendment, the Planning and Zoning Board and City Council may consider the following additional factors: 1. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land: The area east ofI-25 has a rural character and density. Much of the land is used for farming. The Urban Estateprovides one of the lowest maximum densities ofthe City zone districts, a maximum of two units/acre. The land to the east of the site is zoned FA in Larimer County, which would permit a residential density less than that of Urban Estate. The proposed UE zoning will provide greater compatibility with the area than the existing Industrial zoning. 2. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to water, noise air, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment. 183 October 7, 2003 The parcels are not included within a mapped natural habitat area, nor does it appear they contain any wetlands or other environmentally sensitive areas which would be impacted byfuturedevelopment ofthesite. The 1-25 corridorplan does not envision any open space along this portion of the corridor. The site is adjacent to the Boxelder Creek foodplain, which may warrant future study when a project development plan is proposed. 3. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. The Urban Estate zone district will provide a transition from higher intensity industrial land to the west and the existing rural land use east of the site in Larimer County. This zoning will provide a feathering of densities outward from the higher intense uses internal to Fort Collins to the rural land outside of the urban growth area. Request for UE — Urban Estate District Zoning The applicant initially filed a rezoning petition with the City on January 8, 2003. The current request is to rezone 43.8 acres acres from Ito UE. The property is undeveloped. The purpose of the UE Zoning is to provide a "settingfor a predominance of low -density and large - lot housing. The main purpose of the district are to acknowledge the presence ofthe many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands. 4. Neighborhood Response: The Current Planning Department has received several letters from adjacent businesses concerned over the rezoning from I- Industrial to UE — Urban Estate Residential. These letters have been attached to this report. They are concerned that future residential will have children which maybe drawn to these properties which use heavy equipment and semi -truck as part of their daily operations, thus creating a safety hazard. These neighbors also state compatibility issues from permitting single family residential adjacent to established industrial uses which generate noise during the early morning hours and throughout the day. FINDINGS OF FACTICONCL USIONS After reviewing the Vineyard rezoning, File #2-03, staff makes the following findings of fact and conclusions as explained above: The subject propertyfor the Vineyard Rezoning is designated on the I-25 Subarea Plan, an element of the City's Comprehensive Plan as Urban Estate Residential. ME October 7, 2003 2. The proposed plan amendment will promote the public welfare and will be consistent with the visions, goals, principles and policies of City Plan and the elements thereof. 3. The rezoning request is consistent with the existing land use established within the area, particularly outside of the Urban Growth Management Area. " City Manager Fischbach introduced the agenda item and stated that it was on the discussion agenda because it had been pulled from the Consent Calendar at the last meeting and carried over to this meeting. He stated that the questions had been answered and that staff recommended approval. Councilmember Weitkunat made a motion, seconded by Councilmember Hamrick, to adopt Ordinance No. 129, 2003 on First Reading. Councilmember Tharp commented that this is the area that involved an Urban Estates designation in an area that is near industrial. She stated that she was concerned about this until she was assured by staff that there will be appropriate buffers between the industrial area and the Urban Estates area. She stated that she would be reluctant to place an existing industry in the position of having to deal with and counteract complaints from residential people who moved in after. She stated that it was her understanding that there will be appropriate buffers to alleviate that problem. Bob Barkeen, City Planner, replied that was correct. Councilmember Hamrick stated that he had pulled the item from the Consent Calendar at the last meeting and that he appreciated the staff response and the active Planning and Zoning Board discussion on this issue. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Public Hearing on the 2004 and 2005 Recommended Biennial Budget, Held. The following is staff's memorandum on this item. "Executive Summary This is the second official Public Hearing on the City Manager's 2003 and 2004 Recommended Biennial Budget for the City of Fort Collins. The first Public Hearing was held on September 16, 2003. First Reading of the Ordinance adopting the 2003-2004 biennial budget is scheduled for November 4, 2003, with Second Reading of the Ordinance on November 18, 2003. " 185 October 7, 2003 Mayor Martinez stated that this was an opportunity for the public to be heard on the budget. He stated that each participant would have five minutes to speak. City Manager Fischbach stated that two interpreters were present to assist any Hispanic people who wished to speak. Socolo Prado, Spanish-speaking resident, supported funding for the bilingual program at theprogram and asked that the program be reopened. Rudy Maes, Vice -Chairman of the Library Board, stated that the bilingual librarian position has been frozen and that the program is needed for Spanish-speaking residents. Gerald Peter Shostak, Chair of the Personnel Board, 818 Powderhorn Drive, stated that the Board wished to urge the Council to maintain the City's current salary structure based on the 70" percentile of those wages paid by employers with whom the City competed in the marketplace. He stated that the positive opinion most residents have of the City is based on the superior quality of service received from the City staff. He stated that salary structure has served the City well. He stated that curtailment of services might be necessary but that reducing the quality of services through the loss of a long term and dedicated workforce is not acceptable. He stated that the Personnel Board had continued to monitor the benefits package, specifically health insurance, and that the current package reflects a program that had grown during the years to reflect changing times. Mr. Shostak asked for additional time to complete his presentation. Councilmember Weitkunat stated that this was an important presentation and that she would like to allow additional time for the above presentation. Councilmember Tharp stated that she would support the extension of time. Councilmember Hamrick stated that he did not agree to an extension of time because that should then be extended to others. He noted that the Council had already received a letter from the Board regarding this topic. Councilmember Weitkunat stated that there are over 1,500 City employees and that the Personnel Board was making a statement to Council that should be heard because this is a major part of the budget. Councilmember Tharp stated that it was important for the community to know and understand the issue. Mayor Martinez asked why the Personnel Board's statement was not part of the staff report. Councilmember Bertschy stated that extending the time for one participant would make it difficult to turn down other requests for extension of time. October 7. 2003 City Manager Fischbach stated that the Personnel Board's statement was not part of the staff report because there was no staff report on this agenda item and because the Personnel Board is a Council - appointed Board. Councilmember Weitkunat asked if there was anyone else who could finish reading the Personnel Board report. Mr. Shostak stated that another Personnel Board member was present. Gail Shellberg, Personnel Board member, stated that a significant component of the total compensation package offered to City employees was the benefits package, specifically health care insurance. He stated that the Board has continued to monitor this benefits package on an annual basis and the Board believes that the current package is generous and reflects a program that has grown over the years. He stated that significant increases in health insurance premiums made change a fiscal necessity. He stated that the problem is one of time because current employees have been told that salaries will remain at current levels for the next two fiscal years. He stated that any increase in the cost of their participation in fringe benefits programs will represent a real reduction to total compensation. He stated that the Personnel Board recommends a phased program of increases over the next two years to increase the employee's share of premium costs for those benefits selected to 10% by 2004 and 15% by 2005. He stated that the Personnel Board urged the Council to approve this phased approach to implementation in spite of the City's fiscal position to avoid a dramatic change in the City's ability to recruit and change staff and to avoid a severe compromise in the relationship with employees. He stated that the Board recognizes the challenges to the Council. Jan Gilligan, 1631 Adriel Drive, spoke on behalf of the Fort Collins Museum Foundation and stated that the Museum plays an important education and civic role in the community. She asked the Council and City management to approve the 2004-2005 budget package prepared and submitted by the museum staff. She stated that this budget includes the requested cuts to the Museum's operational budget and preserves the essential position of Curator of Education that has been vacant since last October. She stated that the Curator of Education position is critical to the operational well being of the museum. Kelly Ohlson, 2040 Bennington Circle, stated that he would like the Council to consider fairness to the taxpayer in considerations of employee benefits and salaries. He stated that the employees now pay 5% of health insurance coverage costs and that it was proposed to increase to 10% next year and 15% the following year. He stated that City's flawed market measure of 11 cities showed that the average employee pays 18%in those cities. He stated that State of Colorado employees pay 40-51 % of their health insurance coverage costs. He stated that CSU employees pay 34-66% of health care coverage costs. He stated that the City is 400-900% more generous than the State and CSU employees in the same city. He stated that if real systemic change did not take place, the next budget cycle will be even more difficult. He stated that the main part of the increase for the next couple of years would be carried by the Benefit Fund Reserve. He stated that the percentage of employee contribution needs to be at a level fair to the taxpayers and to the employees. He stated that the October 7. 2003 market needed to be redefined. He stated that other cuts would not be needed if systemic changes are made to compensation and benefits. He stated that the Personnel Board was set up to advise the City Manager and that the Board should represent the citizens of Fort Collins, rather than the employees. Antoinette Lewick, Chair ofthe Dial -a -Ride Council, 2400 North Taft Hill Road, expressed concerns regarding funding and privatization for Dial -a -Ride. Olivia Abeyta-Gonzalez, 928 Timber Lane, spoke in support of funding for the Bilingual Adult Outreach Coordinator position at the library. She spoke regarding the community benefits of the bilingual program. Greg Snyder, 619 Bear Creek, spoke about the budget in general. He stated that the reality was that revenue was declining and that decisions need to be made to reduce spending or increase income. He stated that this Council seemed to be bent on reducing the income as much as possible by helping businesses move out of town. He stated a business decision needs to be made with regard to health insurance for employees. He stated that it was difficult to tell from the budget whether the City government was efficient and that he would like to see every City utility "spun off' as its own micro - business. He stated that some expenditures are buried in the budget. Murray Kamens, 5750 Ballina Court, spoke in opposition to Dial -a -Ride budget cuts and supported making students pay for rides on Transfort. He proposed a Saturday one -day pass to ride all day for one fare to keep the ridership up to get federal grants. Jimena Pena, 1113 West Palm Street, temporary replacement bilingual coordinator at the library, spoke regarding the community need for a bilingual program. Susan Williams, 400 Impala Circle #14, spoke in favor of funding for Dial -a -Ride. Pati Caputo, clinical nutritionist at the Mountain Center for Healing and president of Clean Water Advocates, urged Council to stall the expenditure of$500,000 on new water fluoridation equipment. She stated that the money will be wasted if the voters vote to stop water fluoridation in April of 2005. She spoke regarding the hazards of water fluoridation. Nancy Jackson, Director of Disabled Resource Services, encouraged a thorough examination of the privatization of a portion of Dial -a -Ride's services for ambulatory people with disabilities. Bruce Henderson, Transportation Board Chair, spoke regarding pavement management economics and stated that the Board has supported full funding of pavement management. He stated that removal of $1 in in funding for pavement management would mean much as much as $5m in costs in the future. He stated that postponing the projects will mean that roads will continue to deteriorate. :: October 7, 2003 Ralph Olson, Library Board member, stated that he was speaking as a private citizen. He spoke regarding the usage and popularity of the library. He asked Council to keep the needs of the library in mind during budget deliberations. Kathy Wright, Executive Director of Boys and Girls Club, spoke in opposition to budget cuts for the Boys and Girls Club and spoke regarding the community benefits of the Boys and Girls Club. She showed a video regarding the Boys and Girls Club. Patrick Garcia,1212 Raintree Drive, spoke in favor of funding for the bilingual position at the library and the Boys and Girls Club. Randy Fischer, Natural Resources AdvisoryBoard, spoke regarding the erosion that had taken place in the Natural Resources Department budget. He stated that the 2004-2005 budget would represent a decrease of 8.9% in the department's entire budget. He asked that the Council consider approving three items that the City Manager had recommended not be included in the budget. He stated that in 2004 that would amount to $58,000 in a total City budget of over $160 million. Tom Horn, 1601 Quail Hollow Drive, expressed concerns regarding the pavement management program. He stated that programs become inefficient if funds are whittled away. He stated that it is important to identify primary services and take care of entire program areas rather than to minimize programs and reduce the quality of services. He stated that it might be easier to eliminate jobs than to provide services at a lower level than was expected. Blair Troutwein, 1819 Lakeshore Circle, stated that he had concerns with transportation issues. He stated that there needs to be a long term source of funding to meet transportation needs. Nancy York stated that if the trend toward widening roads continues, that would add to the burden of pavement management costs. She suggested meeting future capacity needs by expanding Transfort. Moselle Kleppinger, 3920 Sunstone Way, spoke in favor of full funding for the pavement management program. Mary Detweiler, 4255 Westshore Way, expressed concerns regarding changes in Dial -a -Ride services and privatization of a portion of those services. She stated that fluoridation costs could be cut from the budget to avoid some of the other budget cuts. Tammy Chandler, financial controller for the Boys and Girls Club, 4407 San Remo Circle, spoke in favor of funding for the Boys and Girls Club. Councilmember Roy thanked those who spoke and thanked the staff for providing an interpreter so that the whole community could participate. go October 7, 2003 City Manager Fischbach stated that the final study session on the budget will be next Tuesday. He stated that the budget will be scheduled for Council approval on November 4 and November 18. Mayor Martinez noted that 25 people spoke at the budget hearing and that the Council appreciated the input received. Adjournment The meeting adjourned at 8:05 p.m. �„ r Mayor ATTEST: City Clerk 190