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HomeMy WebLinkAboutMINUTES-03/02/2004-RegularMarch 2, 2004 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, March 2, 2004, 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, Kastein, Martinez, Roy, Tharp and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Doug Brobst, 1625 Independence Road, Rolland Moore West Neighborhood Network, spoke regarding the effect of rental properties on housing costs, safety, neighborhoods and the community. He stated his group had submitted a position paper and that the group wanted the City to adopt a rental licensing program to be administered on a zone basis. Martha Denny, Rolland Moore West Neighborhood Network, spoke in favor of licensing of rentals in low density residential zones. She spoke regarding the negative impacts of absentee landlords renting houses to numerous people (including students) with little oversight. She stated many people who rented out houses ignored the "three unrelated" ordinance and believed it to be unenforceable. She stated any other home -based business must be licensed to operate in a R-L zone and that there were landlords who rented 10 or more rental homes and who used this as their primary income. She stated quality of life in the neighborhoods was being affected by those "extracting wealth." She asked that Council look at what East Lansing, Michigan had done with rental licensing. Ray Chaklusky, 2012 Huntington Circle, supported rental licensing in R-L single-family neighborhoods. He spoke regarding changes in his neighborhood because households of unrelated adults were replacing single families, loud parties and underage drinking were becoming common, yards were beginning to die, and barking dogs disturbed the peace. He stated there was an exodus of single families who were troubled by recent trends brought about by problematic rental properties. He stated one mechanism to deal with the problem was a zero -tolerance approach in which the impacted citizens repeatedly called upon City services to enforce existing ordinance. He stated this method required numerous complaints and adequate funding of City enforcement services. He asked that Council consider the alternative of rental licensing in R-L single-family zones to encourage the owners of problematic rental properties to become reputable business people. Paul Anderson, 2107 Constitution, Rolland Moore West Neighborhood Network, expressed concerns regarding the spread of student rentals with more than three unrelated residents. He spoke regarding the impact of such rental properties on his neighborhood and the core area of the City around CSU. He stated there was a connection between the economic vitality of the City and student rentals. He stated rentals with more than three unrelated residents were generally not compatible with single- family residences due to noise, cars, traffic, different lifestyles, lack of upkeep, and constant dealing with problems. He stated single-family residents moved out and their properties were bought for student rentals. He stated this density issue would result in the eventual decay of neighborhoods. He stated other communities were proactive in limiting the effects of student rentals through rental licensing, limiting the number of unrelated people in each house, creating preservation districts and controlling the actual number of rentals. He stated residents needed to know that their areas were stable and that property values would not drop. He stated his group was proposing a variety of actions and that they were asking the City to stop the unchecked growth of student rentals in the core area. Citizen Participation Follow-up Mayor Martinez thanked those who spoke under Citizen Participation. Councilmember Bertschy stated the Council was planning a study session on the issues for the next week and thanked the group for the information it had provided. Agenda Review City Manager Fischbach stated item #18 Items Relating to Advanced Traffic Management System was being withdrawn from the agenda until March 16, 2004 and that item #24 Resolution 2004-034 Stating City Council's Recommendations Regarding "Toll Roads "to the Colorado Tolling Enterprise was being moved from the Consent Calendar to the discussion agenda at the request of Councilmember Roy. CONSENT CALENDAR Consideration and approval of the Council Meeting minutes of a January 6, and January 20, 2004. 8. Second Reading of Ordinance No. 026, 2004, Appropriating Unanticipated Revenue in the Capital Projects Fund - Timberline Road Improvements Project to be used for the Engineering Design of Timberline Road from Prospect Road to Drake Road. Traffic congestion at the Timberline/Prospect intersection is well below the City's Level of Service requirements, with almost all legs and turn movements failing during the morning and evening peak rush hours. In accordance with the Adequate Public Facilities Ordinance, any new development which impacts this intersection cannot proceed until these existing deficiencies are corrected. 45 March 2, 2004 In the absence of any capital improvement funding for this intersection, two developers are electing to privately fund these improvements in order to proceed with their development projects. These two developers, owners of the bulk of the impacted property, are proposing the initiation of a special improvement district (SID) which will assess a portion of the costs of the improvements to the other owners of undeveloped property in the area that will benefit by the improvements. The two initiating developers have contributed $100,000 so the City can prepare the plans, an estimate of costs, and maps of the district needed to complete the engineering design without cost to the City. This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First Reading on February 17, 2004, appropriates funds into a capital project account for the selection of a consulting engineering firm to provide the design plans and documents needed for the creation of the SID and the construction of the project. 9. Second Readinizof OrdinanceNo. 027,2004, Apl2ropriating Prior Year Reserves Designated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Proiects Fund - Southwest Community Park Capital Proiect to Be Used for Park Design Costs. In 1996, Council adopted the Parks and Recreation Policy Plan which gives direction for the development of community parks. The community park standard is one park per 20,000 population. The city's population in 2007, when the Park is scheduled to open, is estimated to be about 140,000. The development of Southwest Community Park is necessary to serve the growing community and to meet parkland standards. This Ordinance, which was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First Reading on February 17, 2004, appropriates prior year reserves for park design costs. 10. Second Reading of Ordinance No. 028, 2004, Appropriating Unanticipated Revenue in the Capital Projects Fund - Community Horticulture Center Capital Project to be used as Reimbursement for Project Expenditures Incurred. The City designed and constructed storm water improvements, in connection with the development of the Horticulture Center project, which were oversized to accommodate both the historic and developed stormwater flows from Colorado State University Research Foundation (CSURF) property onto and across the City property. A cost sharing agreement was entered into by CSURF and the City whereby the City would finance and construct all of said drainage improvements. CSURF agreed to reimburse the City for oversizing the drainage channel to accept its developed flows once Phase 1 of the construction project was completed. Ordinance No. 028, 2004 was adopted 6-0 (Mayor Pro Tem Bertschy was absent) on First Reading on February 17, 2004. March 2, 2004 11. Second Reading of Ordinance No. 029, 2004, Amending Chapter 20, Article III of the City Code Concerning the Prohibition of Indoor Furniture in Certain Outdoor Locations. This Ordinance, which was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004, revises Sections 20-41 and 20-42.5 of the City Code. These changes modify the existing ban on using or keeping indoor furniture in certain outdoor locations, so as to make it a violation to keep such furniture in any yard or on any porch where the furniture is visible to the public or visible from the ground level of adjacent property. 12. Second Reading of Ordinance No. 030, 2004, Amending Chanter 20, Article VII of the City Code Concerning the Parking of Motor Vehicles in Yards. This Ordinance, which was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004, amends Article VII of Chapter 20 of the City Code to: redefine "yards"; expand the prohibition against parking on lawns to all yards of all residential properties; make allowances for unimproved driveways that access a garage; clarify the term "permanent border'; limit to front yards only the "40 percent rule" for improving parking areas; allow for the issuance of citations to the owners of illegally parked cars, as well as to the owners of the properties on which the cars are parked; and allow Code enforcement officers the right of entry onto private property to issue citations. 13. Second Reading of Ordinance No. 031, 2004, Amending Sections 227(3) and (4) of the Fort Collins Traffic Code Relating to Tinted Windshields. Originally, the Fort Collins Traffic Code allowed only a certain level of window tinting for all vehicles, including law enforcement vehicles. Staff requested Council amend the Fort Collins Traffic Code to exempt law enforcement vehicles from the window tinting restrictions. This Ordinance was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004. 14. Items Relating to Amending the Fort Collins Traffic Code and City Code Regarding Muffler Noise. A. Second Reading of Ordinance No. 032, 2004, Amending the Fort Collins Traffic Code Relating to Muffler Noise and to More Narrowly Define Prohibited Exhaust Systems. B. Second Reading of Ordinance No. 033, 2004, Amending Section 20-22 of the City Code Relating to Unreasonable Noise. 47 March 2, 2004 After discussion and review of ordinances around the country, the committee made recommendations for changes to the Fort Collins Traffic Code and the Code of the City of Fort Collins in an effort to reduce the problems with muffler noise and to more narrowly define prohibited exhaust systems. These amendments will become effective upon the state highways within the City limits upon approval by CDOT, pursuant to C.R.S. Section 43-2- 135(g). Ordinance No. 032, 2004 and Ordinance No. 033, 2004, were both adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004. 15. Second Reading of Ordinance No. 035.2004,AuthorizingtheConveyance ofaConservation Easement on a Portion of Running Deer Natural Area, Authorizing an Access Easement on a Portion of Running Deer Natural Area Adiacent to the Conservation Easement Area and Appropriating Revenues into the Citv's Natural Areas Fund. This Ordinance, which was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004, authorizes the execution of a conservation easement on a portion of Running Deer Natural Area on which Great Outdoors Colorado (GOCO) has awarded the City a grant to reimburse the City for a portion of the cost of acquiring the property. 16. Items Relating to the Homestead Annexation and Zoning A. Second Reading of Ordinance No. 036, 2004, Annexing Property Known as Homestead Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 037, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Homestead Annexation. Ordinance No. 036, 2004 and Ordinance No. 037, 2004, were both adopted 6-0 (Mayor Pro Tern Bertschy as absent) on First Reading on February 17, 2004, annexing and zoning approximately 25.151 acres of publicly and privately owned property. This annexation includes the development approved in the County as the "Homestead P.U.D. 2nd Filing P.L.D. & P.D.", a 1271 foot long portion of the Ziegler Road right-of-way, and a the adjacent street rights -of -way along Cornerstone Drive and Hearthstone Drive. The recommended zoning is the UE — Urban Estate zone district. The property is located within the Fossil Creek Reservoir Area Plan. EH March 2, 2004 17. Second Reading of OrdinanceNo. 038, 2004, Expanding the Boundaries ofthe Fort Collins. Colorado Downtown Development Authority and Amending the Plan ofDevelopment ofthe Authority. This Ordinance, which was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004, expands the boundaries of the Downtown Development Authority (DDA) District to include the Historic Webster House property. 18. Items Relating to Advanced Traffic Management System. A. Resolution 2004-030 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation Regarding the Installation of Fiber Optic Communication, Wireless Communication and the Purchase of Associated Equipment of the Advanced Traffic Management System. B. First Reading of Ordinance No. 040, 2004, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund - Traffic Signal Timing System Project to Be Used for the Installation of Fiber Optic and Wireless Communications and the Purchase of Additional Equipment for the Advanced Traffic Management System. The City of Fort Collins has been awarded a Federal Congestion Mitigation and Air Quality Grant in the amount of $1,083,000. The grant has been specified for use on completing the fiber optic communication system and installing wireless communication. Fiber optic lines will be installed along the Taft Road Corridor, Timberline Corridor, North College Corridor, and the far south US287 Corridor. Wireless communication will be used in the downtown area. Equipment such as cabinets, controllers, and associated electronics will also be purchased with this grant. During the system analysis phase of the ATMS project, a decision was made to use fiber optics as the principle mode of communication between the on -street controllers and the master traffic signal system. Fiber optics is the most reliable form of communication medium in today's market. Wireless technology has also proven itself to be reliable. Phase I of the ATMS has installed fiber optic communication along the South College Corridor, Harmony Road, Shields Street, East Mulberry, West Drake, and Lemay Avenue. M, March 2. 2004 19. First Reading of Ordinance No. 041,2004, Amending Section 24-95 of the City Code to Clarify The Language That Assigns Responsibility for Constructing Streets to Adiacent Property Owners at the Time of Development or Redevelopment. It is proposed that the City Code be revised to clarify language in Section 24-95(a). The change is to remove a confusing phrase referencing "undeveloped property" at the beginning of the first sentence which does not match the reference to redevelopment at the end of the same sentence. The clarification will make it clearer that property owners have the responsibility to improve streets adjoining their property at the time they develop or redevelop their property. This, in turn, clarifies that the City may recover costs under Section 24-95© that are incurred by the City with City -constructed capital project improvements from the adjacent property owners at the time of their development or redevelopment. 20. Items Relating to Harmony Farm Second Annexation. A. Resolution 2004-031 Setting Forth Findings of Fact and Determinations Regarding the Harmony Farms Second Annexation. B. First Reading of Ordinance No. 042, 2004, Annexing Property Known as the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 043, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has 100% of its total boundary contiguous to the existing City limits. This contiguity occurs through a common boundary with the Rickettes Annexation (September 1993) on the north, the Harmony Farm Annexation on the west (July 1994), the Kendall - Harmony Annexation (6/2000) on the south, and the Johnson -Harmony Annexation (1 /2000) on the east. 21. First Reading of Ordinance No. 044, 2004, Designating the Aaron Kitchel House, 601 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Sue Walker, is initiating this request for Fort Collins Landmark designation for the Aaron Kitchel House, 601 West Mountain Avenue. The home is significant for it architectural importance, being a good example of vernacular masonry Queen Anne architecture in Fort Collins; and is significant for its historical importance due to its association with Aaron Kitchel, Civil War veteran, pioneer farmer of Larimer county 50 March 2, 2004 and former County Commissioner. The garage does not contribute to the historic and architectural character of the Property and is not being designated. 22. Resolution 2004-032 Authorizing the Airport Manager to Execute a Lease Agreement at the Fort Collins -Loveland Municipal Airport with Zane and Rosalie Iverson. DBA the Peaks Cafe. The Peaks Cafe wishes to lease 244 square feet of space in the airport terminal building to provide food services to the general public. Primary customers will be passengers flying into and out of the airport on Allegiant Air. The Agreement is for an initial one-year period with a one-year extension. The lease rate is fixed for the first year at $3,360 payable in twelve monthly installments of $280. The lease rate will be renegotiated prior to the start of second year. The lease rate is commensurate with terminal building rental rates established for other tenants. The Agreement will provide a new revenue source for the Airport and provide a valuable service to the public. The Peaks Cafe is an established Loveland business and will operate this facility in conjunction with its existing location. 23. Resolution 2004-033 Finding Substantial Compliance and Initiating Annexation Proceedings for the Prospect East 4th Annexation. This in an involuntary annexation. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. In accordance with CRS 31-12-106 Annexation ofEnclaves, Partially Surrounded Land, and Municipally Owned Land, when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality. 24. Resolution 2004-034 Stating City Council's Recommendations Regarding "Toll Roads" to the Colorado Tolling Enterprise. The Colorado General Assembly created the Colorado Tolling Enterprise (CTE) in 2002, within the Department of Transportation (CDOT), specifically for the purpose of identifying potential future toll corridors throughout the State and to study the feasibility of implementing toll roads. The CTE is examining tolls only on new roads and new capacity (lanes) on existing highways. The CTE has identified several corridors in Northern Colorado for further study as potential toll roads or additional toll lanes, including 1-25 and US-287. The CTE Board has requested written public comment regarding this study. 51 March 2, 2004 Transportation staff recommends that the City of Fort Collins not support further exploration of tolling mechanisms along the 1-25 Corridor in Northern Colorado due to concerns about usage, cost recovery, and potential precedent for future tolling of existing facilities. The CTE should instead focus its attention, effort and resources on the proposed new toll road, railroad and utility corridor in a new alignment on the eastern plains from north of Fort Collins to south of Pueblo. 25. Resolution 2004-035 Nominating Ron Phillips as a Candidate to the Executive Board of the Colorado Municipal League. This Resolution formally nominates Ron Phillips as a candidate to the Colorado Municipal League Executive Board. Ron is an active participant and continues to represent the City well as a member of the Colorado Municipal League Executive Board. 26. Resolution 2004- 036 Making Appointments to the Cultural Resources Board and the Zoning Board of Appeals. A vacancy currently exists on the Cultural Resources Board due to the expiration of tenn of Jennifer Beccard. Applications were solicited and Councilmembers Weitkunat and Kastein interviewed the applicants. The Council interview team is recommending Sue Beck-Ferkiss with a term to begin immediately and set forth to expire on December 31, 2007. A vacancy currently exists on the Zoning Board of Appeals due to the resignation of David Lingle. Applications were solicited and interviews were conducted. Councilmembers Weitkunat and Kastein are recommending Dana McBride to fill said vacancy with a term to begin immediately and set to expire on December 31, 2005. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 8. Second Reading, of Ordinance No. 026, 2004, Appropriating Unanticipated Revenue in the Capital Proiects Fund - Timberline Road Improvements Project to be used for the Engineering Design of Timberline Road from Prospect Road to Drake Road. 9. Second Reading of Ordinance No 027 2004 AppropriatinePriorYearReservesDesig gated for Community Park Improvements in the Capital Improvement Expansion Fund for Transfer to the Capital Projects Fund - Southwest Community Park Capital Project to Be Used for Park Design Costs. 52 March 2, 2004 10. Second Reading of Ordinance No. 028, 2004, Appropriating Unanticipated Revenue in the Capital Projects Fund - Community Horticulture Center Capital Project to be used as Reimbursement for Project Expenditures Incurred. 11. Second Reading of Ordinance No. 029, 2004, Amending Chapter 20, Article III of the Citv Code Concerning the Prohibition of Indoor Furniture in Certain Outdoor Locations. 12. Second Reading of Ordinance No. 030, 2004, Amending Chapter 20, Article VII of the City Code Concerning the Parking of Motor Vehicles in Yards. 13. Second Reading of Ordinance No. 031, 2004, Amending Sections 227(3) and (4) of the Fort Collins Traffic Code Relating to Tinted Windshields. 14. Items Relating to Amending the Fort Collins Traffic Code and City Code Regarding Muffler Noise. A. Second Reading of Ordinance No. 032, 2004, Amending the Fort Collins Traffic Code Relating to Muffler Noise and to More Narrowly Define Prohibited Exhaust Systems. B. Second Reading of Ordinance No. 033, 2004, Amending Section 20-22 of the City Code Relating to Unreasonable Noise. 15. Second Readinp of OrdinanceNo. 035,2004, Authorizing the Conveyance of a Conservation Easement on a Portion of Running Deer Natural Area, Authorizing an Access Easement on a Portion of Running Deer Natural Area Adjacent to the Conservation Easement Area and Appropriating Revenues into the Citv's Natural Areas Fund. 16. Items Relating to the Homestead Annexation and Zoning, A. Second Reading of Ordinance No. 036, 2004, Annexing Property Known as Homestead Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 037, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Homestead Annexation. 17. Second Reading of Ordinance No. 038, 2004, Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. 53 March 2. 2004 Ordinances on First Reading were read by title by City Clerk Krajicek. 19. First Reading of Ordinance No. 041, 2004, Amending Section 24-95 of the City Code to Clarify The Language That Assigns Responsibility for Constructing Streets to Adjacent Property Owners at the Time of Development or Redevelopment. 20. Items Relating to Harmony Farm Second Annexation. B. First Reading of Ordinance No. 042, 2004, Annexing Property Known as the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 043, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. 21. First Reading of Ordinance No. 044, 2004, Designating the Aaron Kitchel House, 601 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 31. First Reading of Ordinance No. 045, 2004, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water. 32. First Reading of Ordinance No. 046, 2004, Amending Section 25-123© of the City Code Relating to Compensation of Vendors for Collecting and Remitting Sales Tax. Councilmember Kastein made a motion, seconded by Councilmember Hamrick, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Staff Reports City Manager Fischbach announced that Joe Frank had received an award from the American Planning Association. He reported on the multicultural retreat, the Poudre IB Program and City/school pool program. Councilmember Reports Councilmember Tharp reported that because of the economic downturn there were vacancies in the affordable housing stock and that there were people who had so little money that they could not 54 March 2, 2004 afford to be in affordable housing. She stated the new director of the Colorado Division of Housing had an idea for a two-year pilot project that would feed $2.8 million to the City and other municipalities to help those people who were on the verge of being homeless. She stated a match would be required from the City. She stated she would like to find a way for the City to participate in the pilot project. She stated the approximate cost to the City would be $213,000. She stated under a graduated program the Division of Housing would pay for the first six months and thereafter would pay 75%, with a subsequent reduction to 50%. She supported finding the City match from a number of sources. She stated 35-70 families could be helped through this program over a two-year period. She supported discussing this under Other Business. Mayor Martinez stated this could be discussed under Other Business. Councilmember Hamrick reported on the successful multicultural retreat. Resolution 2004-037 Reaffirming Certain Principles with Regard to Human Rights and Civil Liberties and Giving Direction to the Human Relations Commission, Adopted as Amended. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Atseveral Council meetings during the latter part of 2003 and early 2004, community members and Mr. Ken Gordon, Chair of the Human Relations Commission expressed their belief that action is needed to clarify the circumstances under which inquiries about an individual's immigration status should be made by City personnel. On January 27, 2004 the City Council discussed with representatives of the Human Relations Commission the follow-up actions that Council would do and Council's direction and expectations of the work that Human Relations Commission would do as a result of the January study session. In summary, the follow-up actions are: A. Human Rights Protection The HRC is to establish a task force to review the issues raised in the draft Human Rights Protection Ordinance suggested by the HRC. 55 March 2, 2004 The City Attorney is to prepare a resolution for the Council to consider (this is Resolution 2004-037 that Council is considering at its March 2 meeting) that would include provisions stating the City should: ✓ Respect the human rights of all people ✓ Not engage in racial profiling ✓ Inquire about immigration status only in conjunction with other normal, legally, permissible investigations or activities. ✓ Work with City boards and commissions and other agencies to ensure that community members who believe their civil rights have been violated, by the City of Fort Collins or others, have appropriate recourse. B. Citizen Complaint Process The HRC is to review the complaint processes referenced in Chapter 13 and in Section 2-140 of the City Code (see the attached) and provide any suggestions on how it might be simplified, easily accessible, safe and confidential. The HRC is to work with the community and provide feedback relative to harassment, profiling and the complaint processes. This may include an analysis of current processes, procedures and practices referenced above. C. Focused Tarzet Marketinz to Enhance Minorities Participation on Boards and Commission The HRC is to provide any suggestions for additional approaches and marketing techniques for distributing Board and Commission applications to increase minority applicants. Resolution 2004-037 relates to all of these actions. It is in response to Council's direction provided at the January 27, 2004 study session that a resolution, rather than an ordinance, be prepared to clarify and specify the City's policies and procedures as they relate to the concerns expressed at recent Council meetings. " City Manager Fischbach introduced the agenda item. Diane Jones, Deputy City Manager, stated the January 27, 2004 Study Session discussion centered on the Human Relations Commission recommendation to adopt a human rights protection ordinance and the best course of action to be taken to protect human rights. She stated the Council provided direction (1) to the HRC to establish a task force to review the human rights protection ordinance issues; (2) to prepare a Resolution addressing respect for human rights of all people, not engaging in racial profiling, inquiring about immigration status only in conjunction with other normal, legally W64 March 2, 2004 permissible investigations or activities, and working with the City's boards and commissions and other agencies to ensure that appropriate recourse was available if civil rights were violated; (3) to review the citizen complaint processes, suggest ways to simplify them, and to make them easily accessible, safe and confidential and to work with the community and provide feedback relating to harassment, profiling and the complaint processes; and (4) to look at ways to enhance participation by minorities on boards and commissions through targeted marketing and other means to increase applications from minorities. She stated the Resolution addressed all of these Council -directed actions. She stated the task force would be appointed by the HRC and City Council. She stated any task force recommendation regarding a human rights protection ordinance would be submitted through the HRC to the Council prior to drafting of such an ordinance. Mayor Martinez stated a certified court interpreter was available to assist with Spanish interpretation. Cheryl Distaso, 135 South Sunset, objected to revisions to the Resolution. She questioned the change that would allow the Council to make additional appointments to the task force. She stated it was also important that the task force not be limited to reviewing specific items and that it be given the latitude to look at additional issues if needed. She suggested the hiring of an independent translator for the task force. Socorro Prado, immigrant, thanked the Council for its work on these issues. She stated the immigrant population now felt safer. She asked that the Council consider assigning an interpreter to the task force. Councilmember Tharp asked when the language was added to the Resolution to make it possible for the Council to add members to the HRC task force. Councilmember Bertschy stated the Leadership Team had discussed that at a meeting and that the language was added because it had been the Council's practice to make appointments to entities that were to report to the Council. He stated the intent was that the Council should be able to make additions to the task force. Mayor Martinez stated this would be consistent with the way other appointments were made and that Council was ultimately responsible for the task force. Councilmember Tharp stated the task force would be made up of the existing HRC task force. She stated the perception from this change was that the task force did not have a broad enough group and needed more input than would be available from the task force. Mayor Martinez stated he and Mayor Pro Tern Bertschy had not seen the task force list and that the perception expressed by Councilmember Tharp was not accurate. 57 March 2, 2004 Councilmember Bertschy stated the group was not exclusively the Human Relations Commission and that the task force would reach out to other parts of the community. He stated the HRC members of the task force were appointed by the Council but that the other members were not. Councilmember Hamrick expressed concerns about the appointment process. He stated the HRC was being charged with the responsibility and asked what type of feedback would be received from the HRC to tell the Council whether the Commission agreed with the Council appointments. Mayor Martinez stated the intent was to give the Council the option to make appointments if it determined that this would be necessary. Councilmember Hamrick asked for clarification on whether the HRC would suggest names and Council would give approval. Mayor Martinez stated the Council could also suggest names to the HRC. He stated one example was the new CSU Director of Diversity. Councilmember Hamrick stated the implication of the language as written was that Council could appoint people "not wanted" by the task force. Mayor Martinez stated it was important to have different view represented on the task force. Councilmember Roy asked if the HRC task force was different than a Council -appointed board or commission. City Attorney Roy stated the task force would be an ad hoc committee rather than a standing board or commission. He stated it would operate for a limited duration. He stated a board or commission generally would have a broader set of functions and duties and that the focus of the task force would be more specific. Councilmember Roy asked for clarification that the HRC would pick a task force to work on human rights issues and that the Council would officially appoint the group. City Attorney Roy stated this was correct and that the Council would review the appointments made by the HRC and the guidelines regarding how the task force would operate. He stated the Council would have the option to add additional members to the task force. Councilmember Hamrick asked about the wording that would provide that any recommendations of the HRC that would include the adoption of any new legislation by the Council, must be submitted to the Council prior to the drafting of such legislation to determine if there was support for the drafting of the legislation by at least three Councilmembers. He asked if this was added to make it clear that the task force was not being given the task of bringing back any draft legislation. m March 2, 2004 Councilmember Bertschy stated the intent was to clarify the policy and procedure with regard to the task force recommendation. He stated the task force could make recommendations regarding what should be included in the ordinance and that the Council would determine if there was sufficient support on the Council to move forward with the drafting of the ordinance. Councilmember Hamrick asked if the task force could prepare some sort of draft ordinance. Councilmember Bertschy stated the intent was to determine if there was sufficient Council support before a great deal of effort was spent in detailed drafting of an ordinance. He stated the intent would be for the task force to bring forward the content or intent of the ordinance so that it could be drafted. He stated the task force would have opportunities to look at any proposed ordinance during the drafting process. Councilmember Hamrick asked for Mr. Gordon's perspective on the changes to the Resolution. Ken Gordon, Human Relations Commission Chair, stated some of the changes were "micro -managing" and that he would have preferred to see the changes earlier. He stated the HRC had determined that the task force would have nine members and that eight had been named. He stated it was not his original understanding that the names of the task force members were to be presented to the Council. He stated if the Council was going to approve the appointments and see to the drafting of an ordinance that it was not clear what the task of the HRC would be. He stated the HRC intended to put together a group that would "allow challenge." He stated the HRC was operating from the draft Resolution and that the HRC did not have an opportunity to review the changes. Councilmember Hamrick asked for Mr. Gordon's comments regarding the discussion that had taken place regarding the proposed changes to the Resolution. Mr. Gordon stated he understood the intent. He stated he did not see a purpose to having point number 1 in the Resolution and that point number 2 should be the Resolution because that was the direction that the HRC sought to empower it to put together a task force and bring back recommendations to the Council. He stated it was his understanding from the Study Session that the HRC would put together the task force with certain direction from Council. He stated there could be some perception that the Resolution as revised was intended to "stack or position" the group rather that trust the HRC to take care of the appointments. He stated it was Council's prerogative to "pull the process back closer to them." Councilmember Bertschy stated it was the policy of the Council to appoint members of task forces and boards and commissions that made recommendations to the Council. He stated the expectation was that the recommendations of the task force would be objective. He compared this task force to other committees that had recently been appointed by the Council to study budget issues and economic vitality. He stated the intent of point number I was to reaffirm to the community the Council's belief in the stated principles. 59 March 2, 2004 Mayor Martinez stated the Human Relations Commission had asked the Council to take a stand and that the Resolution reflected that stand. Councilmember Weitkunat expressed concern regarding communication and misunderstandings on this issue. She stated the Resolution included a reaffirmation of certain principles with regard to human rights (point number 1) and giving direction to the Human Relations Commission. She stated direction had not been given before. She stated it was appropriate that the Council reaffirm the basic principles and establish parameters for this "huge undertaking" to give the effort some focus. She expressed a concern that the HRC had a misunderstanding that the study session gave the Commission direction when in fact this Resolution was needed to give that direction. Councilmember Kastein suggested getting a motion on the floor. Councilmember Roy stated the Council had received requests to make a translator available and that he would support doing that. He asked if there was Council support. Mayor Martinez stated issue was outside the scope of the Resolution and that this could be discussed in more detail under Other Business. Councilmember Roy made a motion to adopt revised Resolution 2004-037 and to modify the language to indicate that the Human Relations Commission would pick members of the task force contingent upon Council approval and to clarify that Council could make suggestions to the HRC regarding the appointments. Councilmember Bertschy asked for clarification that the motion was to approve the Resolution with clarification regarding the language regarding appointments to the task force. He stated he would second the motion if that was the intent. Councilmember Weitkunat stated the motion was not clearly stated. Councilmember Hamrick asked for clarification regarding the language to be changed. City Attorney Roy stated a new sentence had been added to Subparagraph B in the revised version of the Resolution: "The task force shall consist of members appointed by the HRC ...." He stated one option would be to end the sentence after "HRC." Councilmember Roy stated was the intent ofhis motion. City Attorney Roy stated his understanding was that the motion would be to eliminate the remainder of the sentence which was "... and any additional members that the City Council may appoint." 01 March 2, 2004 Councilmember Bertschy stated he was withdrawing his second if that was the intent of the motion. He stated he would support having the task force be composed of members appointed by the HRC and having any additional members recommended by the City Council. He stated he would support having all members appointed by City Council. Councilmember Roy asked if the intent was that the HRC would be required to appoint those recommended by the City Council. Councilmember Bertschy stated the intent was that the HRC consider the recommendations made by the Council. Councilmember Hamrick stated his intent was that the Council could make suggestions to the HRC and that the appointments would be brought back to the Council. Councilmember Bertschy stated it was his intent that the Council formally appoint the task force. Councilmember Roy stated he agreed with that. City Attorney Roy stated it was his understanding that the Council would ultimately appoint the task force and that it would consist of members recommended by the HRC and any additional members that the Council wanted to include. He stated it was unclear how this motion differed from the existing language and that the existing language accommodated this intent. Councilmember Kastein asked if it would be clearer for the language to say that the task force would be appointed by Council Resolution. THE MOTION DIED FOR LACK OF A SECOND Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt revised Resolution 2004-037. City Attorney Roy suggested the following wording based upon the previous discussions: "The task force shall consist of members appointed by the City Council by Resolution and shall include appointees of the HRC and any additional members that the City Council may appoint." Councilmember Kastein stated he accepted the fact that the HRC had already done some legwork in advance of this Resolution. He stated he would likely support the appointment of those chosen by the HRC. He stated the Council was reserving the right to have the final say about who would serve on the task force, as was done on other boards and commissions. He stated Section I of the Resolution was important because it would set parameters for the group. He stated he like the idea 61 March 2, 2004 of determining whether at least three Councilmembers supported the drafting of an ordinance before time was spent on the drafting. Councilmember Hamrick stated the Resolution indicated that the Council was reaffirming certain principles and asked if those would need to be included in any recommendations. He asked if this was simply a reaffirmation of the principles. City Attorney Roy replied in the affirmative. Councilmember Hamrick stated the Resolution would authorize and direct the HRC to take certain action and noted that Ms. Distaso had asked for language that would not limit the work of the task force. He stated he felt that the language of the Resolution did not "tie the hands" of the task force and asked if they were free to make any kind of recommendation they would choose to make. City Attorney Roy replied in the affirmative and stated nothing in this Resolution would take away from the other functions of the HRC as specified in the City Code, including making recommendations to the City Council such actions as may be necessary or advisable to achieve equal employment opportunities, positive community relations, etc. He stated the Resolution did not exclusively reflect what the HRC could do and in no way limited or interfered with its ability to make other kinds of recommendations that were within the scope of the duties and functions set out in the Code. He stated language could be included to preface Section 2 by saying that "the HRC was hereby authorized and directed to undertake the following activities in addition to those functions and duties assigned to the HRC under Section 2-263 of the City Code." Councilmember Hamrick offered a friendly amendment to Section 2 to add the language stated by the City Attorney. Councilmember Weitkunat accepted this as a friendly amendment. Mayor Martinez asked if this language was needed since it was already set out in the Code. City Attorney Roy stated it was not legally necessary but could be helpful to add clarity. Councilmember Weitkunat stated it was important to move forward on this Resolution to allow the task force to get started on its work. Councilmember Roy stated he would support the motion. He expressed a concern that the Council had sent some "strong mixed signals" to the HRC and the community. He stated adoption of this Resolution would move the City closer to the goal of being more fair and just with regard to human rights issues. Councilmember Tharp stated she was looking forward to the input of the HRC after it gathered information from the community. She stated the HRC could give a fresh perspective to human rights issues and that improvements in policies and procedures could then be made. 62 March 2, 2004 Councilmember Hamrick stated he would support the motion. He encouraged the Council to get its recommendations regarding appointments to the HRC in a timely manner to avoid delaying the process. Mayor Martinez stated he would support the motion. He encouraged the HRC to seek clarifications from staff and the Council if needed. He stated he was looking forward to a dialogue regarding issues and solutions. He stated he would support the appointment of the new diversity director from Colorado State University to the task force and that would be his recommendation to the HRC. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 045, 2004 Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Rates and Charges for Water, Adopted on First Reading. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The current water rate for single family and duplex customers is the 5-tiered rate implemented in January 2003 during the drought. The rate sent a very strong -price signal to customers to conserve water since the more a customer used, the higher the cost per gallon. Since it was implemented customers have had many concerns about the high price per gallon in the upper tiers. In response to these concerns Council reviewed alternative rate structures at its December 9, 2003 study session. Rate options considered included modifications to the tiered rate and the water budget rate. Council continued to address water rate options at the February 3, 2004 Council meeting and after lengthy discussion adopted Resolution 2004-018. It directed the City Manager to prepare a modified tiered water rate ordinance for single family and duplex customers for consideration on March 2, 2004. The Resolution further directed that the new rate ordinance retain the current fixed charge and first tier price and that it eliminate the fifth tier pricing level. The proposed rate complies with that Council direction and is shown below. 63 March 2, 2004 Single Existing 5-Tier Water Rate Proposed 4-Tier Water Rate Fixed Charge $12.72 $12.72 1 Fixed Charge Family Chargeper 1,000 gallons Chargeper 1,000 allons Tier I 0-7,000 allons $1.78 $1.78 0-7,000 gallons Tier 7,001-13,000 gallons $2.37 $2.14 7,001-13,000 gallons Tier 13,001-20,000 gallons $2.97 1 $2.56 13,001-20,000 gallons Tier 20,001-33,000 gallons $3.56 $3.08 Over 20,000 gallons Tier 5 Over 33, 000 gallons $4.45 Nole: All rates include the 6% PILOT The single family rate proposed in this Ordinance is the same rate as Option B presented at the February 3, 2004 Council meeting but with the fifth step deleted. Staff originally believed that the elimination of the fifth tier would require a small increase in the second, third andlor.fourth tiers. It has since been determined that dropping the fifth step will create no material impact on water revenues so that the fifth tier can be eliminated without an increase to any of the remaining tiers. Despite the proposed reduction in rates, the recommended change is anticipated to be revenue neutral. This is because staff does not anticipate a water supply shortage for 2004, so water restrictions will not be imposed. Without water restrictions, it is projected that customer water use will increase in 2004 (but not return to 2001 levels). As shown in the table below, the proposed 4-tier rate continues to send a strong price signal to reduce water use, does not increase monthly rates for any customer, and provides a reduction in costs for customers using more than 7,000 gallons. Comparison of Existing 5-Tier Rate and Proposed 4-Tier Rate (Single Family) Water Monthly Monthly $ % Use Bill Bill Reduction Reduction (Gallons) Current Proposed in Monthly in Monthly 5 - Tier 4 - Tier Bill Bill 7,000 $25.18 $25.18 $0.00 0.00/0 10,000 $32.29 $31.68 $0.61 1.9% 20,000 $60.19 $55.94 $4.25 7.1% 30,000 $95.79 $86.74 $9.05 9.4% 40,000 $137.62 $117.54 $20.08 14.6% 50,000 $182.12 $148.34 $33.78 18.5% 60,000 $226.62 $179.14 $47.48 21.0% 64 70,000 $271.12 $209.94 80,000 $315.62 $240.74 90,000 $360.12 $271.54 100,000 $404.62 $302.34 $61.18 22.6% $74.88 23.7% $88.58 24.6% $102.28 25.3% March 2, 2004 The proposed ordinance also changes the duplex rate. The duplex rate is similar to the single family rate but with a largerf:xedfee and an additional2, 000gallons in thefirst tier. The proposed duplex water rate is shown below. Duplex Existing 5-Tier Water Rate Proposed 4-Tier Water Rate Fixed Charge $15.51 $15.51 Fixed Charge Charge per 1,000 gallons Charge per 1,000 gallons Tier l 0-9,000 gallons $1.78 $1.78 0-9,000 gallons Tier 1 9,001-13,000 gallons $2.37 $2.14 9,001-13,000 gallons Tier 13,001-20,000 gallons 1 $2.97 $2.56 1 13,001-20,000 gallons Tier 20,001-33,000 gallons $3.56 $3.08 Over20,000 gallons Tier 5 Over 33, 000 gallons $4.45 Note: All rates include the 6%PILOT If approved, the proposed rate changes will be effective for billings with meter readings on or after May 1, 2004. " City Manager Fischbach introduced the agenda item. Mike Smith, Utilities General Manager, presented background information regarding the agenda item. He stated Council had given direction to staff to bring back a modified four -tier rate structure with elimination of the fifth tier of the tiered structure. He presented visual information depicting the proposed rate structure. Leslie Ball, 308 East Magnolia, asked the following rhetorical questions: who paid for the water rights that gave the City its water supply, who paid for the delivery system, if a water shortage was projected for this irrigation season and what would happen to water that was not used. He asked why there must be a semi -brown City when it was possible to have a pleasant green City. He asked if this was in effect an imposed tax on the citizens of Fort Collins and if this was a fair levy. He stated the water rates were often a burden and asked how many people could afford the higher rates to keep their yards green. He stated everyone should be charged the same rate for water used. Fred Fuller, 306 East Magnolia, stated the Council was "winning the public relations battle" and that people were listening to the need to conserve water and convert some land to xeriscape landscaping. 65 March 2, 2004 He stated the Council did not need to use coercive methods to make the point. He stated the proposed ordinance showed a lack of faith in the public. He stated the ordinance was coercive and would result in an "oppositional response" and that the City would be become "ugly" and would cease to become an attractive community. William W. Hansen, 663 Socorro Trail, Red Feather Lakes, stated his professional background was in water resources management. He spoke regarding the operation of the overall water system. He stated nothing would keep people from using as much water as they wanted if they could pay for it. He spoke regarding the need to conserve water and retain water in reservoir storage to get through dry cycles. He suggested that the Council look at a policy of "being able to shut it off' when necessary. Lynn Porter, 1320 Lory, stated the tier structure was penalizing people who had gardens and big lots. He stated yards were drying up all over town and that people had an investment in their yards and landscaping. He stated in other communities big lots had been turned into apartments and that this City could become blighted with apartments and alley houses where they did not belong. Kelly Ohlson, 2040 Bennington Circle, spoke regarding the history of the tiered rate structure. He thanked the Council for its "wisdom and courage" in addressing this issue. He stated this was a fair and just solution and that he appreciated the compromise to remove the fifth tier. He stated water bills would go down considerably if people would use the same amount of water they used last year. He stated it was expected that there would have to be adjustments to the rate structure and noted that this was a revenue neutral proposal. He stated the tiered rate structure worked and that people were tearing out turf and replacing it with attractive alternative landscaping. He stated enough water was saved that there would be no watering restrictions this year. He stated people found out how little water it actually took to keep their yards alive. He stated this proposed ordinance was an attempt to give some relief to the heaviest water users. He stated was a fair solution and a good compromise. He stated the rate structure should deal with both water waste and water use. He stated water supply was built to handle peak demand and that money had to be borrowed at the expense of existing ratepayers to pay for future capacity to take care of heavy water use. Councilmember Tharp made a motion, seconded by Councilmember Hamrick to adopt Ordinance No. 045, 2004 on First Reading. Councilmember Kastein stated under a water budgeting rate structure the lowest 25 percentile of users would spend only $10 more for the entire year. He stated he had received many calls and letters from seniors living in the older area of town who were paying huge water bills in the summer under the tiered rate structure. He stated those people would see a 20-25% reduction on large water bills and that they would be paying much more than the $10 increase that would be charged under water budgeting. He stated he believed that water budgeting was a fair system and that another option would be a flat rate system under which everyone would pay the same per gallon of water March 2, 2004 used. He stated the flat rate could be adjusted upward for everyone as a disincentive to water use. Councilmember Weitkunat stated she would not support the Ordinance because she did not feel that tiered rates were the appropriate method. She stated the flat rate was fair and equitable to everyone. She stated the proposed Ordinance was discriminatory and that it would impact property owners who had large lots. She stated this was a change in direction and that people were being punished for watering their lawns. She stated Fort Collins would become a City without green lawns and that this would be an unintended consequence. Councilmember Tharp stated the rates were being adjusted after a review of the costs to heavy water users. She stated there were not many people were in the fourth and fifth tiers and that she did not want to see the bulk of the population to bear the cost of the heavier water use. She stated it was too early to say that there would be no watering restrictions this year and that people needed to be aware that this is a semi -arid area. She stated landscaping should reflect the climate. She stated this Ordinance represented a compromise and that it would significantly reduce the costs for all tiers. She stated the tiered water rate would contribute to the wise use of water. Councilmember Hamrick stated he would support the motion. He stated the City was not making extra revenue through these rates and that the rates equaled the operational cost of the Water Utility. He stated this was a fair approach and that the majority of citizens would benefit from this rate structure. He stated it provided incentive for the citizens to keep reducing their rates. He stated xeriscaping was an option to those with larger lots. Councilmember Bertschy stated the City was looking at a long term water strategy and that the money that would be saved now would benefit ratepayers who would have to finance large storage projects in the future. Councilmember Kastein stated he would not support the Ordinance. He stated the Utility staff and the Water Board had given advice which the Council was choosing to ignore. He stated the initial goal was to eliminate water waste rather than to curtail water use. He apologized to citizens who were "caught in the middle" on this issue. He stated less water was used on big lots than on lots that were subdivided. He stated this was a bad decision and that the issue would be revisited. Councilmember Roy stated he would support the motion. He stated this was the most fiscally responsible option available to the Council. He stated lots using 300,000 gallons of water in a month were using nearly an acre-foot of water. He stated this meant that one household could use in one month a significant proportion of the water stored as a result of the brand new Halligan dam which was being expanded to add 18,000 to 22,000 acre-feet. He stated there should be a cost to that sort of water use. 67 March 2, 2004 Mayor Martinez stated the City had the obligation to provide oversight on water use, especially in times of drought. He stated he did not agree with charging a different rate for high end users and that a flat rate would be more equitable. He stated this Ordinance would be contrary to the recommendations of the Water Board. He stated there was plenty of water for 2004 and 2005 even if those were drought years. He stated he did not agree with charging people more because they had big lots. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Roy and Tharp. Nays: Councilmembers Kastein, Martinez and Weitkunat. THE MOTION CARRIED ("Secretary's Note: The Council took a brief recess at this point.) Resolution 2004-038 Adopting the Transportation Master Plan 2004 as an Element of the City's Comprehensive Plan and Amending the Master Street Plan, Adopted. The following is staffs memorandum on this item. "EXECUTIVE SUMMARY The Transportation Master Plan 2004 (IMP) updates the City's 1997 transportation master plan. This is a comprehensive update to transportation -related goals, principles, and policies; analysis of current and forecast system performance; development of a transportation -specific Capital Improvement Project (CIP) needs list and fiscally constrained CIP list; and recommended amendments to the City's Master Street Plan. This eighteen month effort was conducted in collaboration with the ongoing City Plan comprehensive land use plan update to ensure consistency and sensitivity to the linked relationships between land use, transportation, and air quality. The IMP received inputfrom Council, City advisory boards, key stakeholders, and thepublic throughout the plan's development. BACKGROUND On March 2, the City Council will hold a public hearing and consider a resolution adopting the findings and recommendations included in the Transportation Master Plan 2004. This Resolution represents the culmination of eighteen months of effort to update the analysis, CIP, and recommendations found in the 1997 Transportation Master Plan. This Plan was developed in ME March 2, 2004 collaboration with the ongoing CityPlan comprehensive land useplan update to ensure consistency and sensitivity to the linked relationships between land use, transportation, and air quality. Key Elements of the TMP: Updates of Transportation -Related Goals, Principles, and Policies In 1997, City Plan and the Transportation Master Plan developed the elements of vision, goals, principles, and policies for how transportation and land use planning would be handled in the City of Fort Collins. As part of the updates to these plans, the vision, goals, principles and policies were revisited to see if they were still consistent and represent the future of the City. This process started by developing characteristics forFort Collins that define what the City should look like now and in the future. These Council -adopted characteristics served as the basis for refining the vision, goals, principles, and policies. Revisions to the transportation -related goals, principles, and policies are found in Chapter 2 of the Transportation Master Plan 2004 (TMP). Appendix B of the TMP contains a matrix that shows a comparison between the 1997 goals, principles, and policies and those included in this plan. Updated Recent Trends Evaluation of social, economic, and transportation related trends in Fort Collins in recent years serves as a reference point in assessing the relative success of transportation and land use decisions with regard topolicies adopted in the 1997 Transportation Master Plan. The Transportation Master Plan 2004 (TMP) examines emerging trends since the adoption of the previous plan. Statistics and trends were examined not only forFort Collins, but also for other Northern Colorado communities. These statistics incorporate information from the City Plan Update, North Front Range Metropolitan Planning Organization (MPO), and State Demographer's Office. Updated recent trends can be found in Chapter 3 of the TMP. Transportation System Performance In order to develop an understanding offuture needs for the transportation system in Fort Collins, the City's comprehensive TransCAD transportation demand model was used. This model uses land use, population, and employment data about Fort Collins and the region to estimate trips, travel patterns, mode choices, and traffic volumes. This information is in turn used to estimate street congestion, transit ridership, vehicle miles traveled (VMT), air quality impacts, and other measures oftransportation system performance. To properly consider travel between Fort Collins and nearby communities, the model covers an area including Fort Collins, Loveland, Greeley, andsmaller cities in the North Front Range region. The model was used to support a variety of analyses completed for the TMP, including sensitivity testingfor potential changes to the Master Street Plan (MSP) and the performance of the transportation system under the fiscally constrained and enhanced fiscally March 2, 2004 constrained capital improvement plans (CIP). Finally, the most current version of the Environmental Protection Agency's (EPA) air quality model (MOBILE6) was used in cooperation with the model to evaluate air quality results for the various scenarios. System performance is discussed in detail in Chapter 4 and Appendix C of the TMP. Comprehensive Update to All Modal Plans Chapter 5 of the TMP explores the various travel modes and transportation facilities in Fort Collins, how these modes have progressed since the adoption of the 1997 Transportation Master Plan, and the City's vision for the transportation system in the future. Attention was given to all modes, including automobile, transit, bicycle, and pedestrian. In addition, analysis of Transportation Demand Management (TDM), parking facilities, Advanced Traffic Management Systems (ATMS- traffic signal system), aviation, and future rail grade -separated crossings were includedfor the first time. Environmental Considerations The 2004 TMP added new language and recommendations (Chapter 6) that address issues surrounding transportation infrastructure in environmentally sensitive areas. The City of Fort Collins continues in its goal to be an excellent steward of the environment. Both at the government and community level, there is a great sensitivity to the footprint that Fort Collins puts on its local environment. Transportation Capital Improvement Project Lists & Funding Analysis A great deal of the TMP effort was focused on development of a comprehensive, accurate, and defensible accounting of transportation capital needs for all modes of travel through 2025. The project team, in close collaboration with City Engineering, Traffic, Transfort, Transportation Planning, and Parking Management Staffdeveloped and refined an entirely new way of identifying and prioritizing transportation capital projects. Transportation project lists were developed for each mode oftravel, encompassing all projects necessary to achieve the visions identified by various modal plans, Master Street Plan, and Transfort Strategic Operating Plan. All projects were subsequently coded by mode into a Geographic Information Systems (GIS) layer that allows for cross -categorical comparisons for accuracy and to eliminate redundancies and omissions. The result is a very accurate accounting of all transportation project needs for all modes of travel. Each identifiedproject was then costed and prioritized by mode using a number ofquantifable and objective criteria (e.g. number of collisions, daily traffic averages, levels of congestions, etc) to arrive at a consensus as to most critical project needs. Following identification of prioritized project needs, an analysis was performed to identify and estimate future funds available to apply to the identified needs. Given current funding practices and projected availability of funds from 70 March 2, 2004 development fees, collaborative projects with other agencies, etc., the TMP project team identified approximately $140 million dollars in potential future funding to apply to over $1.1 billion dollars in existing and future transportation needs. Available funds were then applied where feasible to identify a Fiscally Constrained Transportation CIP list. In essence this exercise addresses the question "Given all identified transportation capital needs, what can the City ofFort Collins afford topayfor?" Chapter 7 andAppendix D detail the CIPprocess,financial analysis and development of the fiscally constrained CIP project list. Master Street Plan Amendments As part of the TMP analysis of existing and forecast transportation system performance and needs, the project team identified several recommended amendments to the Master Street Plan (MSP). Many of these amendments are minor in nature, and represent "clean up" ofgraphical errors and omissions. Some amendments reflect changes as a result of adopted City and Regional Plans (e.g. I-25 Subarea Plan, Crossroads Subarea Plan). Still other recommended amendments reflect updated analysis as to future travel patterns and system demand. The MSP can only be amended by Council vote. The MSP will be amended concurrently as part of the TMP adoption process. Recommended MSP amendments include: • Correct mapping error on 1-25 Frontage Road west of I-25 from Mulberry to Prospect. Continue frontage road as a collector street south to Prospect as originally intended. • Correct mapping error to reflect correct alignment of Triangle Drive. Change the way in which regional roadways outside of the Fort Collins GMA are represented on the MSP. Streets and arterials outside the growth management area are shown for contextual purposes only, and are not part of the Fort Collins Master Street Plan. The MSP map and legend will portray regional roadways outside of the GMA boundary differently to more clearly reflect that the City ofFort Collins is financially responsible only for those roadways inside the GMA boundary. Change Laporte Avenue, Wood Street to Taft Hill Road, from a four -lane arterial to a collector street. This portion of the network is severely constrained by existing residential development, many structures of which may be historic in nature. The likelihood and feasibility of acquiring the right-of-way necessary to build a four -lane street in an area not likely to re -develop is marginal. Change Country Club Road, State Highway I to Larimer County Road ]],from a minor arterial to a collector street. Similar to the Laporte Avenue amendment, this street is severely constrained by both natural features and existing residential development not likely to ever re -develop. The feasibility of acquiring room to build a four -lane facility is marginal. 71 March 2, 2004 • Change McClelland Drive, Drake Road to Horsetooth Road, from a minor arterial to a collector street As part of preliminary design and engineering work for the Mason Transportation Corridor (MTC), it has become evident that McClelland Drive between Horsetooth and Drake Roads does not need to be built out to a minor arterial standard. The road is constrained to the west by the Burlington Northern Santa Fe (BNSF) Railroad right- of-way, largelyprecluding the need to provide,for west -bound turns. Although McClelland Drive currently carries significant traffic as a parallel facility to the College Avenue Corridor, adequate future capacityfor eastbound turning traffic can be provided by a two- lane collector -width road with left -turn bays. • Convert the Mason and Howes Street one-way couplet back to two-way, minor arterial streets. Analysisprovided by the MTC and Downtown Strategic Planprojects has suggested that future circulation and access to the downtown area will be better served by reverting these two roads back to their original two-way configuration. • Change Carpenter Road (LCR-32), I-25 to College Avenue (US 285), from a four -lane arterial to a six -lane major arterial street Since the original City Plan and TMP adoption in 1997, significant changes in regional travel patterns have evolved as the surrounding communities in northern Colorado grow and employment and residential choices spread throughout the area. Given the existing and forecast increase in land use, employment, and population in southeast Fort Collins, Loveland, Windsor, and Greeley, regional gateways become an even more vital aspect of the MSP road network. Travel forecast analysis for 2025 suggest that the current designation of Carpenter Road as a four -lane arterial facility will be insufficient to handle the travel demand on this most southern gateway into and out of Fort Collins. This will serve as a vital major arterial connection to South College/US 285 as well. Note: Part of the Carpenter Road corridor currently lies outside the GMA boundary and will be reflected as such on the MSP map. This portion of Carpenter Road has been identified as a potential site for future inclusion into the GMA as part of the City Plan Update process. • Amend MSP to reflect road network recommendations from adopted local and regional plans. Several planning efforts since 199 7 havefocused on the1-25 Corridor area. Subarea plan analysis has occurred on the East Mulberry Corridor and I-25 Corridor. Regional plans such as the Crossroads Subarea Plan, North Front Range Metropolitan Planning Organization (NFRMPO) Regionally Significant Corridor analysis, and I-25 Regional Corridor Plan have also studied and made infrastructure recommendations. These recommendations not only reflect the forecast increase in intensity of land uses and population proximate to the I-25 corridor area, but also reflect on -the -ground changes that have occurred since 1997 as a result ofapproved development and re -development. Those recommended changes that lie partially or totally outside of the GMA boundary are shown for regional context and consistency only. It is made clear that the City of Fort Collins is not financially responsible for these infrastructure improvements outside the GMA. These improvements include: 72 March 2, 2004 o Add a new collector street, from LCR-52 to Mulberry Road, to serve anticipated development east ofI-25 o Extend Carriage Parkway as a collector street south to Prospect Road o Upgrade Mulberry, Prospect, and Harmony Roads, from 1-25 to LCR-5, from minor arterial to four -lane arterial designation o Upgrade LCR-5, from Mulberry Road to LCR-30, from a collector street to a four - lane arterial designation. Those portions of the LCR-5 Corridor outside of the Fort Collins GMA will be represented in a different line -style and are shown for regional context and consistency only PUBLIC OUTREACH The TMPproject team has undertaken a great deal of outreach to the public, key stakeholders, City advisory boards, and City Staff and Management throughout the TMP process. In many instances, the IMP project team joined forces with the City Plan Update team to present citizens with a comprehensive look at thefuture ofthe community. AppendixA details all public outreach activities undertaken during the TMP. BOARD RECOMMENDATIONS The Transportation Master Plan 2004 received recommendations of approval from four key City of Fort Collins advisory boards: Transportation, Planning and Zoning, Air Quality, and Natural Resources. Appendix A contains statements of recommendation of approval from each advisory board." City Manager Fischbach introduced the agenda item. Mark Jackson, Transportation Planner, presented background information regarding the agenda item. He stated this was the culmination of a collaborative 18-month effort. He introduced the consulting team from PBS&J and the City Plan update team. He stated there had been a great deal of opportunity for public input and that staff had worked with numerous boards and commissions. He stated this was a Master Plan update that would serve a number of different purposes. He stated it would define and refine the long term transportation vision, goals, principles and policies. He stated it would serve as a one -stop reference document regarding the vision for transportation in the community over the next 20-25 years. He stated it would define and refine the future vision for all modes of travel. He stated a clear accounting of transportation capital needs and resources was set forth and that the master street plan map was being updated. He highlighted the regional perspective of the Plan and the incorporation of regional data; the philosophy under which land use, transportation and air quality would work in concert; and travel demand forecast modeling efforts. He stated this was a fiscally constrained Plan and that it represented a new way of looking at capital 73 March 2, 2004 improvement project accounting and finance. He stated $1.1 billion in transportation needs were identified for all modes by 2025 and that only $140 million in City capital funding resources were identified. He stated there was enhanced emphasis on environmental issues and a new cutting edge philosophy called "contact sensitive solutions" whereby an attempt would be made to provide safe and effective transportation solutions that could be implemented with minimal or mitigated impacts. He stated the focus of the effort was on implementation. He stated the primary recommendation was an ongoing commitment to develop and embrace a safe and efficient interconnected network for all modes of travel. He stated the prime focus of Chapter 7 was the fiscally constrained aspects of the Plan because of the $960 million projected funding shortfall. He stated Chapter 8 included a list of action items. He stated Council was being asked to act on a number of master street plan amendments and that one of the highest profile amendments was to upgrade Carpenter Road (County Road 32) from a four -lane arterial to a six -lane arterial. He stated recommendations for adoption of the Transportation Master Plan had been received from the City's advisory boards. Bruce Henderson, Transportation Board chairman, stated the Transportation Board had been involved in working on the Plan for the last 20 months. He stated the Plan was a high quality comprehensive document. He stated the Plan addressed different approaches to capital funding and transit planning. He stated there were constraints to adding capacity in certain areas of the City and that the Plan looked at ways to improve mobility while maintaining access and the character of the community and the business core. He noted that roadways outside of the Growth Management Area were represented in a different way in the Plan and were included for context. He stated the Board discussed the proposed change to Carpenter Road at length and that the Board noted that the roadway may be constrained to four lanes in the future because of the impact on natural areas. He stated the Transportation Board unanimously supported this Plan and recommended Council adoption. Tom Honn, 1601 Quail Hollow Drive, commended the staff for the level and detail of work on the Plan. He stated the regional approach was important and that implementation would be discussed in greater detail over time. He stated Carpenter Road was important to the community from the economic development and quality of life standpoints and that it was important to preserve rights -of - ways. He stated the Chamber of Commerce supported approval and adoption of the Plan. Sherry Grant, Chamber of Commerce Legislative Affairs Committee Chair, stated the Committee had submitted a Resolution supporting the adoption of the Transportation Master Plan. She stated she appreciated the extensive work and comprehensive approach taken to complete the Plan. She stated the Plan was visionary and that it should be adopted. She supported changing Carpenter Road to a six -lane arterial as the southern entrance of the City. Blair Troutwein, 1819 Lakeshore Circle, commended the City on this Master Plan. He supported preserving the right-of-way for Carpenter Road to minimize costs and ensure adequate air quality. Nancy York commended staff on its diligence in created this vision and roadmap. She stated the Master Street Plan failed to take into consideration the reality of the present and the future. She 74 March 2, 2004 stated oil resources were limited and that prices would continue to go up. She stated there would be less discretionary money for the economy if transportation continued to be based on the automobile. She stated alternative transportation modes were needed. She stated asphalt prices also continued to rise due to the scarcity of oil. She stated more lane miles with wider roads committed the community to more expensive future maintenance. She stated the priorities of the Plan were more and wider roads rather than alternative modes of transportation. She spoke regarding the toxic effects of burning oil. She stated dependence on the automobile contributed to inactivity and health impacts. She stated rail options should be examined. She stated Carpenter Road ran through a natural area. She asked the Council to maintain what was in place and to nurture alternative modes (rail and transit). Randy Fischer, Natural Resources Board member, stated he was speaking as a private citizen. He praised staff on the work that had been done and stated he supported the Plan except on one issue. He supported the context sensitive design standards and the fiscally constrained model. He objected to the proposal to expand Carpenter Road to a six -lane arterial because it violated the context sensitive design standards. He stated Carpenter Road ran through four natural areas and a regional and County park and that there were two conservation easements and several rural land use projects along the alignment. He stated the South Fort Collins Sanitation District owned 80 acres of land along Carpenter Road for biosolids disposal. He stated Carpenter Road would not generate significantly more trip miles because it was largely built -out at this time. He stated it was in the economic interest of the City to keep most of the traffic on Harmony Road. He questioned putting traffic on a roadway that was essentially built -out with large lot development and open space with no possibility of commercial development. He stated the County and CDOT had been in negotiations to exchange responsibilities for Carpenter Road and that he was concerned about those negotiations. He urged the Council to adopt the Plan except for the expansion of Carpenter Road to six lanes. David May, Fort Collins Area Chamber of Commerce, stated the transportation infrastructure was important to the quality of life of the community. He stated many elements needed to be present to have a functioning transportation system. He stated the Chamber of Commerce supported adoption of the Plan. He stated it was important that the Master Street Plan be adopted and that Carpenter Road be preserved as an important entryway into the community. He stated it was prudent to preserve the Carpenter Road right-of-way to keep future options open. He stated this community was rich in open space and natural areas and that the argument about the impact of Carpenter Road on the natural areas did not hold up when looking at the larger context. Councilmember Tharp stated the figure regarding available City funding resources for transportation was somewhat misleading because it did not reflect any state and federal contributions. Jackson stated the equation was to illustrate the overall needs compared with what the City could provide for capital funding. He stated CDOT did participate in funding for shared highways such as Harmony Road, College Avenue and Mulberry Street. He stated the funding sources beyond City funding were state, federal or Metropolitan Planning Organization funds. 75 March 2, 2004 Councilmember Tharp asked if it was necessary to reserve right-of-way for Carpenter Road since the City owned the natural areas and conservation easements along much of that roadway. She asked why it would be important to set aside that right-of-way now when the City controlled much of the adjacent property. Jackson stated it was the City's policy to be as proactive as possible to preserve right-of-way. Ron Phillips, Transportation Services Director, stated there were significant areas along the corridor that were privately owned and could be proposed for development at some point. He stated the right-of-way procurement would happen along with development in those areas and that could not be done without this designation. He stated right-of-way could also be acquired if additional areas were proposed as natural areas. He stated the intent was to be proactive so that the City would be prepared as future transactions took place. Councilmember Hamrick asked how many lanes College Avenue would have, based on the modeling. Jackson stated an unconstrained capacity analysis was done and that it suggested that there was enough residual demand on College Avenue to warrant eight lanes. Councilmember Hamrick asked if that was shown in the Master Transportation Plan and if not why it was not shown. Jackson stated it was not shown in the Plan and that College Avenue was shown as a six -lane major arterial because of the constrained nature of College Avenue due to existing development. Councilmember Hamrick asked why six lanes would be proposed for Carpenter Road when it faced the same kind of constraints. Jackson stated Carpenter Road was not constrained by existing development. Councilmember Hamrick asked ifthe natural areas were considered to place constraints on Carpenter Road. Jackson stated natural areas were treated differently than existing development. Councilmember Hamrick asked what percentage of the right-of-way along Carpenter Road was not already owned by the City or County or reserved in some way. Jackson stated the portion of Carpenter Road between Timberline and I-25 was in the County at this time. Councilmember Hamrick asked about the impact of the increased traffic, noise and air pollution forecast for Carpenter Road on the existing habitat for Fossil Creek Reservoir. Jackson stated type of environmental analysis would be done at the time of design of the corridor. Councilmember Hamrick asked how noise from such a traffic corridor would be mitigated near a natural area and riparian area. Jackson stated mitigation measures would be determined at the design stage. Phillips stated one example was the mitigation work done on Timberline Road between Trilby and Carpenter Road. Councilmember Hamrick asked about the Natural Resources Advisory Board recommendation to eliminate the design elements that were inappropriate for natural areas, such as detached concrete 76 March 2, 2004 sidewalks, curbs, gutters, street lighting and irrigation of landscaping from natural areas. He asked if those design elements had been eliminated from the Plan. Jackson stated those design elements would be considered on a case -by -case basis. Phillips stated the East Prospect Road alignment was an example of working on design elements on a site specific basis. Jackson stated one of the action items was to define standards or criteria for areas constrained by natural areas. Councilmember Weitkunat stated it appeared that there was agreement on almost all of the Master Transportation Plan except for the Carpenter Road issue. She asked if Prospect Road was an example of context sensitive design solutions and whether this concept would address the concerns regarding Carpenter Road. Phillips stated the East Prospect Road and Timberline Road (Prospect to Mulberry) designs were examples of this concept. Jackson stated the context sensitive design process also dealt with dealing with constrained facilities in the interior of the City surrounded by an urban environment. Councilmember Weitkunat asked if this process would address some of the concerns heard about Carpenter Road. Jackson replied in the affirmative and stated this would be a collaborative and open process. Councilmember Roy stated Carpenter Road had three flaws: (1) funding, (2) nearby natural areas, and (3) the role of the City in creating future options for what seemed to be another entity administering the roadway. He asked what was known about CDOT taking over this portion of the road and what the role of the City had been in those negotiations. He questioned whether this would become a State highway. Phillips stated CDOT staff had been discussing with Larimer County the possibility of exchanging Colorado State Highway 60 in the Campion area for Carpenter Road. He stated there had been no official meetings or hearings and no study or analysis at this point except for a CDOT analysis on the cost to bring Carpenter Road to two-lane standards. Councilmember Roy asked if this meant that the City would be purchasing right-of-way for the State. Phillips stated the City would not be purchasing right-of-way and that it would be dedicated to the City or the entity with jurisdiction as part of the development process. He stated the intent was to have a plan in place to require future development to contribute the right-of-way as part of its development plans. Councilmember Roy asked if the Carpenter Road right-of-way was to be acquired for future natural areas use or for future roadway use. Phillips stated the intent was to preserve right-of-way for a six - lane arterial. He stated the City would not have the legal capability to require a developer to contribute right-of-way if this was not set out in the Plan. Councilmember Roy asked if the right-of-way could be used for future natural areas. Phillips stated if a future natural area was purchased that there might be an opportunity to preserve the right-of-way for street purposes adjacent to the natural area rather than having the Natural Areas Fund pay for that as well. 77 March 2, 2004 Councilmember Roy asked when such negotiations could occur. Phillips stated was unknown. Councilmember Kastein asked about the $24 million item listed in capital project priorities for new facilities construction. Phillips stated this related to the projected need to expand the transit facility on Trilby Road and the need for a station facility at the south terminus of the Mason Street corridor. He stated it was anticipated that there would be federal money to help with the cost. Councilmember Kastein stated there was a $65 million price tag for the Mason Street transportation corridor. He stated it would be helpful to know all the capital costs relating to the Mason Street project that would be included elsewhere, such as under new facilities construction. He stated there were other examples, such as an overpass on Drake. He asked if that overpass would be needed due to the Mason Street project or for other purposes. Phillips stated an overpass over the railroad on Drake Road would be a separate capital project and would not be part of the Mason Street project. Councilmember Kastein asked if the overpass project was related to the Mason Street corridor. Phillips stated it was not included in the Mason Street cost estimate and that it was related only in that it would pass over the Mason Street corridor. Councilmember Kastein stated items on the capital projects list that would occur because of the Mason Street corridor project should be characterized as such. Phillips stated the Mason Street corridor project would not require the Drake overpass. Jackson stated bicycle capital project list itemized those projects associated with the Mason Street corridor project. Councilmember Kastein stated the new facilities construction project should be characterized as related to the Mason Street corridor project. Jackson stated it was associated with the Transfort Strategic Operating Plan. Councilmember Kastein asked why it was not possible to get to a Transfort grid system sooner. Jackson stated the main reason was the lack of dollars to build additional routes. Councilmember Kastein asked if it would be possible to go directly to the grid system if Phase 2 of the Mason Street Transportation Plan was skipped over. Jackson stated those funds could be used for other routes that would move the system closer to a grid system. Councilmember Tharp asked if the Mason Street corridor was the "backbone" of a transit grid system. Jackson replied in the affirmative. Councilmember Tharp stated a portion of Carpenter Road was outside of the City's Growth Management Area and asked if it was part of the regional strategic corridor in the MPO plan. Jackson replied if the affirmative. m March 2, 2004 Councilmember Tharp asked if Carpenter Road would still be a significant corridor whether it was a State highway or not because it connected I-25 and College Avenue. Jackson replied in the affirmative. Councilmember Tharp stated the City had an intergovernmental agreement with Larimer County about Carpenter Road because the City collected funds in the County for impact fees in that area. She asked what the impact would be on that IGA if Carpenter Road became a six -lane facility since the IGA provided that it was a four -lane road. Jackson stated the impact fees would have to be refigured based on the expanded right-of-way. Councilmember Tharp asked when Carpenter Road would become a six -lane road. Jackson stated would be dependent on the rate and pace of development. He stated it was already in the fiscally constrained plan as a four -lane road for short term improvements. He stated if the Centerra, the I-25 corridor and southeast Fort Collins continued to build out as anticipated that Carpenter Road could become six lanes in 10-20 years. Mayor Martinez asked why Carpenter Road would be expanded i.e. for future development, residential, etc. Jackson stated the purpose was to preserve the primary southern gateway into the community. He stated this would be a conduit to and from surrounding communities. Mayor Martinez asked where the traffic would go if Carpenter Road was not a six -lane road. Jackson stated the traffic would "find the path of least resistance" and would be absorbed by surrounding facilities, including Harmony Road, Timberline, Lemay, County Road 9 to Loveland, collector and connector roadways, overpasses and interchanges. Mayor Martinez asked if this meant that people would be taking longer circuitous routes. Jackson replied in the affirmative. Mayor Martinez asked if this would increase the traffic on I-25. Jackson stated was a different travel path. Mayor Martinez asked when the six -lane road would be built. Jackson stated a four -lane facility would probably see the City through the near -term future and that there would be pressure to build a six -lane facility in 15-20 years. Mayor Martinez asked if the life of the four -lane road could be extended through the use of roundabouts or other means. Jackson stated the roundabout option could alleviate capacity problems at intersections and that other options would be considered before an expensive six -lane road was built. 79 March 2, 2004 Mayor Martinez asked if the right-of-way would still need to be reserved even if the life of the four - lane road was extended. Jackson replied in the affirmative and stated obtaining right-of-way in the future would be more expensive and difficult. Mayor Martinez asked if Harmony Road would fail as a result of Carpenter Road failing. Jackson stated a lot of the traffic pressure from a failing ("gridlock" level of service) Carpenter Road would impact Harmony Road. Councilmember Hamrick stated the Plan included multi -modal options and that capacity and traffic models were based on that scenario. He asked about the impact on the current Transportation Plan if the Transfort Plan did not happen. Jackson stated the Master Street Plan represented the ultimate vision for build -out of the street and transit system. He stated an investment in one without an investment in the other would result in a failure to reach the ultimate performance vision set forth in the Master Street Plan. Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Resolution 2004-038. Councilmember Bertschy stated he would also like to make a motion regarding an amendment. Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to amend Exhibit A of the Master Street Plan to keep Carpenter Road as a four -lane arterial. Mayor Martinez stated the Council would vote on the amendment first. Councilmember Bertschy stated Carpenter Road would be sufficient as a four -lane arterial. He stated the major corridors into the City would remain Harmony Road and Mulberry Street. He stated the future annexation of the Mulberry corridor would represent a tremendous opportunity for redevelopment of that corridor and would require the addition of traffic lanes. He stated more lanes on Mulberry and Harmony would be the priorities. He stated the ability to move forward with six lanes on Carpenter Road would be limited given the financial constraints. He stated under the enhanced street standards Carpenter Road would essentially be a five -lane street because of left turn lanes built into the medians. He stated in some cases Carpenter Road would have six lanes because of the right turn lanes that would be built in. Councilmember Weitkunat stated she would not support the motion to amend because of the modeling put forth by the transportation planners. She stated the modeling suggested a need for six lanes and that the context sensitive design solutions would mitigate some of the problems that had been discussed. She stated it was important to reserve the possibility for six lanes and noted that this was not a discussion about building the six lanes. She favored reserving the possibility for six lanes. She stated there was nothing in the Plan to require that the roadway be built as six lanes and that it was important to keep the City's options open. rK March 2, 2004 Mayor Martinez asked if the Mulberry corridor would be built -out ahead of Carpenter Road. Jackson stated would depend on the development pressures of the corridor. He stated Harmony and Mulberry would remain primary corridors. He stated the City made a conscious decision to not look at expanding the Prospect corridor to six -lane status and that the result of that was added pressure on Mulberry and as far south as Harmony. Councilmember Roy spoke in support of the motion to amend. He noted that the Master Street Plan had many amendments since it was adopted in 1981 and that the newly adopted Master Street Plan could be revised in the future as well. He stated there were questions about expanding Carpenter Road and that there were issues with funding. He stated the Master Transportation Plan represented a great vision and that it would be preferable to take a conservative and prudent approach in looking at Mulberry and Harmony as the primary traffic corridors into the City. He stated the Carpenter Road issues could be looked at in the future. Councilmember Kastein stated he preferred that the City "get out front" on right-of-way issues. He stated travel demand modeling was the salient feature in the Plan and that the scientific modeling process showed that Carpenter Road should be six lanes. He stated Carpenter Road was a regional connection and that he saw it as an advantage that CDOT "wanted to be a player" with regard to this roadway. He stated he would not support the motion to amend. Councilmember Hamrick stated he supported the motion to amend. He stated the City had an investment in the Fossil Creek natural areas and in the natural areas along Carpenter Road. He asked rhetorically how much money was spent purchasing water rights, restoration and property for the Fossil Creek reservoir area. He stated the City planned to continue to invest taxpayer money to improve and maintain that area. He stated natural areas were important to the citizens of Fort Collins and that placing transportation corridors next to them would negatively impact the natural areas and habitat. He stated there was no "convincing method" to mitigate those impacts and that the City's investment would be degraded over time. Mayor Martinez asked how much damage would be done due to a six -lane expansion on Carpenter Road. Phillips stated most of the road alignment had 60-80 feet of right-of-way at this time and that 130 feet of right-of-way would be needed for six lanes. He stated realignments could be required in some areas to avoid impacts on natural areas. He stated impacts would be mitigated. He clarified that the costs for a change from a major arterial with four lanes to a major arterial with six lanes would be borne by street oversizing or by the State or federal government. He stated if Carpenter Road was designated as six lanes on the Master Street Plan that the impact fee would have to be recalculated and would be increased by the extra cost of the additional two lanes. He stated the street oversizing and State or federal money, rather than taxpayer money, would pay for the cost of the six lanes. Mayor Martinez asked if there was a process to mitigate the impacts to the natural areas and wildlife habitat. Jackson replied in the affirmative. 81 March 2, 2004 Mayor Martinez stated he was convinced by the information presented with regard to future gridlock. He noted that nothing was done with Prospect Road and that if nothing was done on Carpenter Road that there would be gridlock problems. He favored reserving the right-of-way for the future. The vote on the motion to amend was as follows: Yeas: Councilmembers Bertschy, Hamrick and Roy. Nays: Councilmembers Kastein, Martinez, Tharp and Weitkunat. THE MOTION FAILED TO PASS Councilmember Bertschy thanked those who participated in the process. He stated the public process had been extremely inclusive. Councilmember Kastein stated the work on this Plan started several years ago. He thanked staff for the hard work on bring this visionary Plan to fruition. Mayor Martinez stated he was concerned about building a visionary plan for the future of Fort Collins. He stated other cities were experiencing gridlock and that people were still trying to drive in spite of the gridlock. He stated it would be negligent to fail to have a plan. Councilmember Tharp stated this was a multi -modal plan and that it recognized that there would be alternate means of transportation in the future. She corrected her previous statement that a bus was needed from CSU to downtown during lunch hours and stated Route 15 was such a route and had 93,000 riders in a year. She stated was an example of how bus systems could work. The vote on the original motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 046, 2004 Amending Section 25-123(c) of the City Code Relating to Compensation of Vendors for Collecting and Remitting Sales Tax. Adopted on First Reading. The following is staff s memorandum on this item. "FINANCIAL IMPACT Adoption of this Ordinance will provide an additional $300, 000 to $400,000 per year to the Sales and Use Tax Fund. After direction from City Council, the additional dollars will be used to fund items related to the economic health of the City of Fort Collins. FX March 2, 2004 EXECUTIVE SUMMARY Resolution 2004-006 was adopted by City Council in January directing the City Manager to proceed withpublicoutreach regarding achange tothe vendors'fee. The City Manager wasfurtherdirected to present a recommendation to Council no later than the first meeting in March. The vendors' fee was last changed in 1989 in response to the need for additional funding for the Choices 95 Capital Improvement Program. Prior to that time, vendors were allowed to retain 3.0% of all sales tax they collected. The 1989 change limited vendors to 3.0% of the f rst $3,000 in tax they collected plus 1.0%of all taxes thereafter. There was no dollar capon the total amount vendors could retain. Since 1989, the national -wide and state-wide trend has been to reduce the amount of tax that vendors are allowed to retain. Many studies have shown that there are diminishing costs to vendors who collect large amounts of sales tax. Computerized systems have greatly reduced the cost of tax collections. As the City's tax rate has grown from 1.0% in 1972 to the current rate of 3.0%, so has the total amount of tax revenue that vendors have retained. In 1972, the amount of annual tax revenue retained by vendors in the City was only about $34,000. In 2003, vendors retained just over $1 million. The City currently has 8,579 active sales and use tax vendors. Of those, 2,357file a monthly sales tax return and of those, about 246 could be affected by the change that staff is proposing. The proposed change would limit the vendors'fee to 3.0% of the first $3,000 in tax collected. The additional one percent that vendors presently retain on sales taxes collected in excess of $3,000 would be eliminated. The effect would be a $90 cap on the vendors' fee, regardless of the amount ofsales taxes that a vendor would collect. Thus, the proposed change will affect only retailers who have more than $100,000 in taxable sales per month. Prior research done during the first vendorfee change in 1989, found that the costs associated with collecting and remitting the sales tax are not substantial. On the contrary, the research showed that there is not a lot that businesses would do differently if there were no sales tax. One other point to note in evaluating this proposed change is that vendors do earn interest on the taxes that they collect. A conservative estimate on large taxpayers is that they earn up to $900per month in interest for the period of time they hold the City's sales tax. In January, Finance staff issued a press release outlining a possible change to the vendors' fee. Additionally, letters were sent to the affected vendors. Two public meetings were held on February 83 March 2, 2004 11 and February 24. Citizens and vendors were asked to respond via e-mail, telephone or letters. To date, staff has received one letter and one e-mail. Both parties supported the current vendor fee structure. The first public meeting produced a total of four visitors and one newspaper reporter. Two interested parties are owners of a local auto dealership. They did not support a change to the vendors'fee. Two citizens were present. Both citizens,favored a change in the fee, but would like to see it eliminated altogether. Although staffis sensitive to the concerns of vendors, it recognizes that the City also has a fiduciary responsibility to Fort Collins citizens to use their tax revenues for the purposes for which they are intended, namely, the provision of public services and,facilities. Therefore, staff recommends adoption of the Ordinance on First Reading. " City Manager Fischbach introduced the agenda item and stated this Ordinance was brought forth at Council's direction. Alan Krcmarik, Finance Director, presented background information regarding the agenda item and spoke regarding the history of the vendor fee. He stated the vendor fee was set at 3% of the first $3,000 of tax and 1 % thereafter. He stated the proposed Ordinance would eliminate the 1 % on amounts above $3,000. He spoke regarding public outreach efforts regarding this proposal and stated all vendors that would be affected by the proposed change had been contacted. He stated comments had been received from 19 people and that most argued that the money was greatly needed by the vendors to cover the cost of collecting the City's tax. He stated the proposal would go into effect in April. He stated 58 other Colorado communities collected their own sales tax and that practice varied regarding vendor compensation and a vendor fee cap. David May, Fort Collins Area Chamber of Commerce, stated the Council had put some significant programs into place that showed strong support for economic vitality. He stated the modification of the vendor fee to fund economic activities was an important aspect of the community's economic strategy. He stated reducing the vendor fee could have a negative impact on many businesses, especially locally based businesses. He stated the Chamber of Commerce believed that the money saved by reducing the fee should be invested back into the community in the form of economic programs. He encouraged the Council to augment that funding with additional dollars from the General Fund. He stated the economic health of the community was a quality of life issue. A] Baccili, 520 Galaxy Court, stated he had fought the vendor fee for three years. He stated this sales money should be for the benefit of Fort Collins and not the business community. He stated all of the sales tax money should be kept by the City to fund necessities and that the vendors should not receive a fee for collecting the tax. Tom Honn, 1601 Quail Hollow Drive, stated the issue was funding the Economic Vitality and Sustainability Action Group and the costs associated with the group. He stated this may be the most M. March 2, 2004 appropriate way to generate the dollars necessary for the operation of the group. He stated it should not be considered as a permanent funding mechanism. He asked that Council adopt the Ordinance. Councilmember Weitkunat asked how much money was generated and what would be generated under the proposed Ordinance. Krcmarik stated the City collected about $56 million in sales tax last year and that if the full 3% was still in place the vendors would have received about $1.7 million. He stated due to the 1989 change the money dedicated to capital projects was about $720,000 and that the vendors retained a little over $1 million. He stated the elimination of the amount above $3,000 would result in the City seeing additional revenues of $342,000. Councilmember W eitkunat asked where the 3%went. Krcmarik stated $720,000 went into dedicated capital projects (Choices 95 and Building Community Choices). Councilmember Weitkunat asked if the City had designated where the $342,000 would go. Krcmarik stated would be part of the discussion by the Economic Vitality and Sustainability Action Group. City Manager Fischbach stated the Resolution adopted by Council directed the EVSAG develop a plan on criteria on how those monies should be spent. Councilmember Weitkunat stated there was concern from some of the vendors about covering basic costs. She asked about the impact of altering the numbers to be a bit more cost effective for the vendors. Krcmarik stated changing the maximum that could be retained each month from $90 to $100 would reduce the net new revenue from $342,000 to $313,000; that changing the maximum to $125 would reduce the net new revenue to $262,000; and that changing the maximum to $150 would reduce the net new revenue to $217,000. Councilmember Weitkunat asked if the amount would fluctuate if sales tax dollars were down. Krcmar k replied in the affirmative. Councilmember Weitkunat asked for consideration of increasing the maximum that could be retained to something over $100. Councilmember Bertschy asked if the State had a similar program. Krcmarik stated the compensation to vendors at the State level was 3.3% of taxes paid and that the State had implemented a temporary reduction to 2.3%. Councilmember Bertschy asked if the County had such a program. Krcmarik stated the County's tax was collected by the State and that the compensation was still set at 3.33%. Councilmember Hamrick asked how much vendors would continue to retain. Krcmarik stated vendors would continue to retain about $660,000. M March 2, 2004 Councilmember Tharp asked if the additional revenue was earmarked for any specific use. Krcmarik stated the money would be accounted for in the General Fund until the EVSAG made a recommendation for use of the funds. Councilmember Tharp asked for staff to address how the compensation would cover reasonable vendor costs for collecting the sales tax. Krcmarik stated a study was done in the State of Washington in 1998 to estimate vendor costs in Washington and Oregon. He stated on average the study found that the average compensation rate should be about 1.4% for all vendors. He stated the study found that smaller vendors were incurring higher costs that the compensation rate of 3%, that median vendors incurred costs about equal to the compensation, and that the costs for larger vendors were below 1 %. Councilmember Tharp stated there had been some discussion about a compensation variation for smaller and larger vendors. Krcmarik stated staff looked at ways to do that and that no good administrative solution was found. He stated there was also an issue with equal application of taxation. Councilmember Kastein asked if the budget would include a line item for economic development activities in the amount of new revenue. City Manager Fischbach stated was his intent. Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Ordinance No. 046, 2004 on First Reading. Councilmember Hamrick stated he would support the motion. He noted that this had been a subsidy to businesses for many years. Councilmember Bertschy stated he would support the Ordinance. He noted that new technologies made it less cumbersome for businesses to collect the sales tax. He stated it was a good move in harsh economic times to look at additional sources of revenue that could be used toward economic vitality. Councilmember Kastein stated this money would be used to fund important economic activities and that he would support the motion. Councilmember Weitkunat stated the Ordinance did not specify that the money would be used for economic purposes. She stated it was important that dollars that would come from businesses would be used for economic activities. She requested an amendment to specify this in the Ordinance. She stated the compensation to vendors was not a "gift" given by the City because there were real costs in collecting the tax. Mayor Martinez stated Council had previously adopted a Resolution to ensure that this would be how the revenue was to be used. City Manager Fischbach stated the previous Resolution did give 86 March 2, 2004 this direction and that staff could look at the addition of language or the amendment of the financial policies prior to Second Reading of this Ordinance. He stated it was staff s intent that this money be used for economic activities. Councilmember Bertschy suggested including the previously adopted Resolution in the agenda material for Second Reading of the Ordinance. Councilmember Tharp stated she agreed with compensating businesses for the cost of collecting the tax. She stated she would like to see some way to calculate the actual cost. Mayor Martinez spoke in support of the Ordinance and emphasized the contributions of businesses to the community above and beyond the compensation they received for collecting the City's sales tax. He stated businesses gave millions of dollars back to the community and that the compensation to vendors was not a subsidy. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Resolution 2004-034 Stating City Council's Recommendations Regarding "Toll Roads" to the Colorado Tolling Enterprise, Adopted. The following is staff s memorandum on this item. "EXECUTIVE SUMMARY The Colorado General Assembly created the Colorado Tolling Enterprise (CTE) in 2002, within the Department of Transportation (CDOT), specifically for the purpose of identifying potential future toll corridors throughout the State and to study the feasibility of implementing toll roads. The CTE is examining tolls only on new roads and new capacity (lanes) on existing highways. The CTE has identified several corridors in Northern Colorado for further study as potential toll roads or additional toll lanes, including 1-25 and US-287. The CTE Board has requested written public comment regarding this study. Transportation staff recommends that the City of Fort Collins not support further exploration of tolling mechanisms along the 1-25 Corridor in Northern Colorado due to concerns about usage, cost recovery, and potential precedent for future tolling of existing facilities. The CTE should instead focus its attention, effort and resources on the proposed new toll road, railroad and utility corridor in a new alignment on the eastern plains from north of Fort Collins to south of Pueblo. 87 March 2, 2004 BACKGROUND Faced with increasing budget pressures and competition for scarce resources, State and Federal governments are turning their attention to new sources of dedicated highway funds, and are increasingly willing to examine ways ofobtaining thesefunds directlyfrom the users. The Colorado General Assembly created the Colorado Tolling Enterprise (CTE) in 2002, within the Department of Transportation (CDOT), specifically for the purpose of identifyingpotential future toll corridors throughout the State and to study thefeasibility of implementing toll roads. The CTE is examining tolls only on new roads and new capacity (lanes) on existing highways. Tolls on existing highway lanes are not under consideration. Highway user fees have become a politically attractive alternative to increasing existing taxes or generating new taxes to fund transportation infrastructure. Revenuesfrom tollfacilities could also generatefundsfor new andlor improved non - toll highways. The rekindled interest in toll roads or lanes also reflects a market -based approach to reducing congestion on facilities at peak hours of use. As more people accept the premise that you cannot build your way out of congestion, toll facilities offer drivers the option of trading cost versus delay. Drivers can choose to use the non -toll highways when delay or cost is not an issue for that particular trip, or at lower demand periods of the day. Drivers can also choose to pay a fee to access less congested facilities during peak hours of travel, avoiding congested non -toll roads and increasing travel efficiency. Potential benefits of toll roads/lanes: • Adopting a "Pay As You Go"philosophy directs more infrastructure costs to the user, rather than imposing new or extended taxes. • Toll roads offer drivers additional travel options at times and locations of heavy congestion, hypothetically reducing additional congestion on these non -toll facilities. • Revenues from toll roads may be used for other statewide transportation improvements. • Motorists still have the option of driving in the free, existing lanes. • Adding a toll choice on underutilized High Occupancy Vehicle (HOP) lanes offers a better return on the infrastructure investment. High Occupancy Toll (HOT) lane users can share lanes with transit and carpool/vanpools. Concerns about toll roads/lanes: • Toll facilities are effective only when non -toll roads/lanes are congested. • Toll lanes added to existing non -toll highways may not be used to the extent necessary to pay for themselves if existing lanes remain free of charge. March 2, 2004 • There are examples of toll lanes added to existing lanes that have not successfully paid for themselves as originally projected. • Extreme cost of building, operating and maintaining toll roads makes credit risky for private entities. Some private ventures have been bought out by government, or gone into receivership due to insufficient traffic. • Public resistance against paying additional fees to access highway facilities. • Equity issues. Opponents argue that toll lanes/roads can only be used by those who can afford them. Northern Colorado corridors identified for further study: A preliminary screening exercise by the CTE has identified 38 roads/alignments throughout Colorado as potential toll road candidates. Candidate toll roads to be looked at further as part of the Statewide Toll Feasibility Study include the following Northern Colorado facilities: • Interstate 25 between I-70 and Fort Collins • Interstate 25 between Fort Collins and the Wyoming state line • US-287 between SH-1 (LaPorte) and the Wyoming state line • US-34 between I-25 and US-85 • New Front Range alignment from north of Fort Collins to south of Pueblo (commonly known as "Super -Slab') Concern for precedent: Although the CTE is currently limiting its research and recommendations to new roads or new additional capacity on existing highways, there is the potential that tolling could be extended to existing non -toll lanes in the future. Colorado Senator Wayne Allard has reportedly offered an amendment to the transportation authorization bill (SAFETEA) which would allow toll lanes to be added to existing interstate highways in Colorado. The next step would then be for a bill to be introduced in Congress to allow the existing lanes to also be tolled. Congress has given exceptions for tolling existing interstate highways in other states in the past. There is the potential that legislation could be introduced allowing the existing 'free" lanes oft-25 to be converted to toll facilities sometime in the future. STAFF RECOMMENDATION: Transportation staff believes there are several areas of concern warranting caution on the part of the City ofFort Collins in regards to the CTE. While the CTE effort may prove beneficial in certain areas of the State, stafffeels that the addition of tolling lanes on or near the I-25 Corridor should not be encouraged. The potential precedent for converting the non -toll I-25 lanes to pay lanes in the future leads staffs concerns. Staff strongly suggests that tolling the entire six lanes ofI-25 is 89 March 2, 2004 not an acceptable future scenario. The one major north -south corridor in Colorado should not be a toll road. Transportation staff recommends that the City of Fort Collins not support further exploration of tolling mechanisms along the I-25 Corridor in Northern Colorado due to concerns about usage, cost recovery, and potential precedent for future tolling of existing facilities. The CTE should instead focus its attention, effort and resources on the proposed new toll road, railroad and utility corridor in a new alignment on the eastern plains from north of Fort Collins to south of Pueblo. " Mayor Martinez stated this item was withdrawn from the Consent Calendar at the request of Councilmember Roy. Councilmember Roy stated he had concerns regarding the language of the Resolution which stated: "That the Enterprise should instead focus its attention, effort and resources on the proposed new toll road, railroad and utility corridor in a new alignment on the eastern plains from north of Fort Collins to south of Pueblo." He stated this seemed to be a significant recommendation and a shift. He stated the City had a gap in funding for transportation and transit and that this concept would "dwarf' the City's funding problems. He stated he had asked how much this would cost the City and was told that this Resolution would not obligate the City to pay any money. He stated at some point there would be a tremendous cost to citizens in Colorado. He supported having a discussion about the I-25 corridor and the importance of the toll road to Fort Collins. He stated there should be discussion of the implications of a toll road on the eastern plains and the importance to this community. He stated this was a "quantum shift in philosophy" and that these larger issues should be discussed before this Resolution was adopted. He asked about the proposed alignments of a toll road to the east. City Manager Fischbach stated Secretary Norton had been negotiating with individuals to create the "Super Slab" and that this proposed project had been discussed for some time. He stated Secretary Norton saw this as a way to get the railroads out of the downtown areas of the cities and as a way to get the trucks out of the urban areas. He stated the cost to the City was nothing and that the basic cost to the taxpayers would not be high because the intent was that it be a toll -supported system. He stated this was just an idea at this point and that he believed that this was consistent with the City's philosophy. Ron Phillips, Transportation Services Director, stated this was a proposed by a private entity at one point and that 12 mile wide corridor had been identified for study as a possible alignment east of Denver International Airport. He stated this alignment would come off of I-25 in the area of Wellington and would go south of Pueblo and north of Walsenburg to rejoin 1-25. Councilmember Roy stated there was a comment in the agenda material that indicated that the high cost of building, operating and maintaining toll roads made credit risky for private entities. Phillips stated E-470 was a good example because that toll road was not paying its own way at this time. He stated it was supported by a $10 motor vehicle registration fee in the counties that were members of the Authority. Jackson stated the trend was that some of the facilities that were in financial trouble had inaccurate modeling regarding usage. March 2, 2004 Councilmember Roy asked about the possibility of using the existing I-25 corridor. Jackson stated this Enterprise was not considering tolling on the existing lanes of I-25 and was considering adding toll lanes to any new capacity that was added. Councilmember Roy asked if rail or transit were being considered. Phillips stated rail was referenced in the Resolution. Jackson stated concepts that had been considered in the past included transportation of people, good, information and utilities. He stated this project would be a massive and comprehensive undertaking. Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adopt Resolution 2004-034. Councilmember Bertschy stated he could support this because of the railroad hazard running through the middle of Fort Collins and because of the planned Mason Street corridor. He stated this would also free up rails so that they could be used for transit instead of freight. Councilmember Kastein stated he would support exploring toll lanes for existing I-25. He stated he would not support the Resolution as written. Councilmember Hamrick stated he had problems with the language of the Resolution. He stated the only way to get any "pay as you drive" policies would be to institute toll roads. He stated he would not like to see a statement precluding that. He stated he supported getting the railroads out of town but that he did not have enough information about the "Super Slab" to make any supportive comment. He stated he would not support the Resolution. Al Baccili, 520 Galaxy Court, stated he opposed toll roads, especially when there were no alternative routes to take to avoid paying the toll. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick, Kastein and Roy. THE MOTION CARRIED Other Business Councilmember Tharp asked for support from Council to direct staff to look at options for a City match for the Colorado Division of Housing pilot program. Councilmember Kastein stated he would like information on where the money would come from if this became a long term program, whether County Social Services was the right agency to administer rental assistance, and whether the City granted any rent assistance at this point. 91 March 2. 2004 Councilmember Weitkunat stated she did not object to looking into the pilot program but that she had concerns with giving blanket authority to turn over funding to a program on which the Council had not received information. Councilmember Tharp asked that staff look into the details of the pilot program and the options for City participation as quickly as possible. Councilmember Roy asked for Council support to provide a translator for the Human Relations Commission task force. City Manager Fischbach stated he had asked the HRC to set aside certain meetings and times at which a translator would be available. He stated he had not heard a response from the HRC regarding the funding that would be needed to pay for a translator and that he would follow-up with the HRC on the matter. Councilmember Kastein stated there had been e-mail discussion regarding whether to include same sex marriage benefits for City employees and whether to look at this issue with the consultant. He stated he was strongly opposed to doing this. He stated he would rather not have the RFP rewritten to include this unless there was direction from Council to do so. Councilmember Tharp stated she would like to hear information from the consultant regarding the issue and the treatment of all employees with regard to benefits. She stated she did not believe that this would require the RFP to be rewritten. She stated the consultant should be able to provide information regarding trends in this direction and specifics with regard to cost. She stated she believed that this issue should be addressed by the consultant and that any implementation would be a separate discussion. Councilmember Roy stated any costs would be "dwarfed" by the fairness issue. He stated he would like the Council to look at this as a fairness issue for all employees. City Manager Fischbach stated all City employees were treated equally and that City policies stated there would be no discrimination due to sexual preference. He stated all employees had health insurance and that the question was whether there would be benefits for same sex partners. Councilmember Kastein stated direction was needed on this because the RFP would go out next week. City Manager Fischbach stated the RFP had been issued and that consultants would have 17 days to respond. He stated he had given direction to staff not to change the RFP and that the City could consult with those providing responses to the RFP. Councilmember Hamrick stated the RFP was broad as to the feedback requested from the consultant on practices regarding retention of employees. He stated the same sex benefits issue could fit into that. City Manager Fischbach stated a letter could be sent to those who had received the RFP regarding the additional information requested by the City on this topic. Councilmember Bertschy agreed with the approach suggested by the City Manager. 92 March 2, 2004 Executive Session Authorized Councilmember Tharp made a motion, seconded by Councilmember Bertschy, to adjourn into Executive Session pursuant to Section 2-31(a)(2) and (3) of the City Code to consider the acquisition of real property and to consult with the City Attorney regarding related legal issues and to extend the meeting to 11:00 p.m. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Tharp and Weitkunat. Nays Councilmembers Roy. THE MOTION CARRIED (**Secretary's Note: The Council took a recess at this point and reconvened following the recess.) Mayor Martinez announced that the Council did not go into Executive Session due to the lateness of the hour. Councilmember Bertschy asked if the Executive Session could be held at the end of the next study session. City Attorney Roy stated could be done if the Council adjourned this meeting to the conclusion of the study session. Other Business Continued City Attorney Roy stated a House Bill had been introduced concerning the liability of landowners for the conduct of their tenants. He stated the Bill in its present form would curtail the ability of the City to hold landlords accountable for nuisance violations by their tenants under the City's public nuisance ordinance. He asked if anyone from the City should testify on the Bill. Mayor Martinez stated a Councilmember and a staff member should both testify. He suggested that Councilmember Tharp testify. City Manager Fischbach stated he could arrange for a staff member to accompany Councilmember Tharp and brief her on the issues. Councilmember asked if there was any urgency regarding the matter that Council was going to discuss in Executive Session. City Attorney Roy stated the time was not critical. Adjournment Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to adjourn the meeting to the conclusion of the March 9 Study Session. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED 93 The meeting adjourned at 11:00 p.m. ATTEST: A I �A - I �--*41 City Clerk • • M March 2, 2004