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HomeMy WebLinkAboutMINUTES-03/20/2007-RegularMarch 20, 2007 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 20, 2007, 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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Staff Members Present: Atteberry, Krajicek and Roy. Citizen Participation Mayor Hutchinson stated that each audience participant would have five minutes to speak. Ray Smith, 1618 Sagewood Drive, expressed concerns about trash hauling and in support of trash hauling districts. He stated that there should be "one street, one trash hauler, one recycler" to improve fuel efficiency, reduce waste, reduce air and noise pollution, minimize street damage, improve safety, and reduce costs for the haulers. Ann Hutchinson, Chamber of Commerce Executive Vice -President, representing the Northern Colorado Legislative Alliance, spoke regarding transportation issues and in support of a regional transportation authority. Clint Skutchan, 719 Great Plains Court, thanked outgoing Councilmembers Kastein and Weitkunat. He stated that he was a member of the RTA steering committee and that there were many regional issues relating to transportation and transit. Al Baccili, 520 Galaxy Court, spoke against vendor fees and taxes and urged voters to vote to stop the Southwest Enclave Annexation. He equated it with a "taking" of property. Vivian Armendariz, 820 Merganser Drive, thanked outgoing Councilmember Kastein for his efforts with regard to Dial -a -Ride and his service as a Councilmember. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke during Citizen Participation. Councilmember Roy stated that the City Council recently set a goal of 15% for renewable energy for its power source and that the City had made progress on fuel for the City fleet. He thanked Mr. Smith for speaking on the trash hauling issue. 275 March 20, 2007 City Manager Atteberry stated the City had converted the diesel fleet to biodiesel and had an active program to acquire hybrid vehicles. He would be happy to talk more with Mr. Smith. Aeenda Review City Manager Atteberry stated that there were no changes to the published agenda. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the December 19 2006 Regular Meeting Second Reading of Ordinance No 037 2007 Appropriating Prior Year Reserves Desi ig� ated for Library Improvements in the Capital Improvement Expansion Fund for Transfer to the City's Capital Projects Fund to Construct a Southeast Branch Library and the General Fund to Purchase Library Books and Materials. This Ordinance, unanimously adopted on First Reading on March 6, 2007, appropriates available library impact fees to pay for the design and construction of the Southeast Branch Library at Front Range Village, as well as for the Library collection. 8. Second Reading of Ordinance No 038 2007 Appropriating Unanticipated Revenue in the Capital Projects Fund - Pedestrian Plan Capital Project for Improvements Associated with the Safe Routes to School Program. The City of Fort Collins Transportation Planning office has received a grant from the CDOT Safe Routes to School Program to widen the existing sidewalk along the south side of Mulberry Street from 2.5 feet to 6 feet, from Dunn Elementary to Shields Street. The widened sidewalk will greatly improve safety and connectivity between Dunn Elementary and the surrounding neighborhoods. This Ordinance, unanimously adopted on First Reading on March 6, 2007, appropriates unanticipated revenue in the Capital Projects Fund - Pedestrian Plan Capital Project for this improvement project. 9. Second Reading of Ordinance No. 039 2007 Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program The Restorative Justice Program (the "Program") is an alternative method ofholding a young offender accountable by facilitating a meeting with the young offender, the victim and members of the community to determine the harm done by the crime, and what should be done to repair the harm. This Ordinance, unanimously adopted on First Reading on March 6, 2007, appropriates funds from two grants that have been received for the purpose of continuing this program. 10. Second Reading of Ordinance No. 040 2007 Amending Chanter 25 of the City Code to Create a Manufacturing Equipment Use Tax Rebate 276 March 20, 2007 The Manufacturing Equipment Use Tax Rebate Program is an important economic incentive for retaining and supporting local manufacturers. Manufacturing concerns are a very important element of the City's tax base. They also serve as a primary engine for both job creation and commercial investment in the community. This Ordinance, unanimously adopted on First Reading on March 6, 2007, adds the Program to the City Code to ensure that the Program provides an important economic incentive on an ongoing basis. 11. Second Reading of Ordinance No. 041, 2007, Authorizing the Execution and Deliverybby the City of an Amended and Restated Site Agreement and Lease Agreement a Continuing Disclosure Undertaking, an Official Statement and Related Documents Concerning the Leasing of the Mason Office Building and the Mason Street Parking Structure• Ratifying Action Previously Taken: and Providing Other Matters This Ordinance, which was unanimously adopted on First Reading on March 6, 2007, approves and authorizes the legal documents necessary to complete a lease purchase certificate of participation transaction to effectively refund the 1998 and 1999 COPS that were originally issued for the construction of the City's Mason Street Parking Structure, the 215 North Mason Office Building and an off -site Police Facility. 12. Second Reading of Ordinance No. 042, 2007, Authorizing the Lease of City -Owned Property at 321 Maple Street For Up to Five Years. The Fort Collins Technology Incubator (FCTI) provides critical business assistance to the most promising high tech startup companies in the community. As part of its service, FCTI offers below market lease space to its client companies. This Ordinance, unanimously adopted on First Reading on March 6, 2007, allows FCTI's various participants to lease space for up to five years. 13. Second Reading of Ordinance No. 043 2007 Authorizing the Execution of Ouit Claim Deeds and a Temporary Construction Easement for the Improvement ofNorth Taft Hill Road by Larimer County. Larimer County is improving North Taft Hill Road between LaPorte Avenue and the Poudre River. To accomplish this project, Larimer County is requesting that the City of Fort Collins dedicate certain property interests to Larimer County. This Ordinance, unanimously adopted on First Reading on March 6, 2007, authorizes the conveyance of a temporary construction easement and two Quit Claim Deeds. 14. Second Reading of Ordinance No. 044, 2007 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Ziegler and Kechter Intersection Proiect. Intersection improvements were constructed for Ziegler Road and Kechter Road. These 277 March 20, 2007 improvements included the construction of a modern roundabout at the Ziegler and Kechter intersection. Because of the round configuration of the improvements and the square shape of the existing right of way, two small slivers of property are needed on the west side. One of these properties has been purchased. Over the past year, staff has been in negotiations with the owner of the other property, Hearthside Homeowners Association of Fort Collins, Inc. (the "HOA"). The HOA Board has accepted, in principle, the City's offer to purchase the necessary interests for the project for the sum of $1,000. Under the Bylaws of the Association, however, 80% of all homeowners in the HOA and 67% of all lending institutions holding deeds of trusts would need to execute the conveyance document. Given the expense and time required to obtain the necessary document, the HOA Board has requested that the City proceed with a "friendly" condemnation to complete the transaction. As requested, City staff is seeking authorization to use eminent domain proceedings to move forward with the acquisition of the property through the condemnation process. This Ordinance, unanimously adopted on First Reading on March 6, 2007, authorizes eminent domain proceedings. 15. First Readina of Ordinance No. 046, 2007 Appropriating Unanticipated Revenue in the General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. The Larimer Emergency Telephone Authority (LETA) collects a monthly fee from all county telephone users to purchase equipment, train users and maintain equipment used to process E911 phone calls and dispatch appropriate Emergency Services Providers. In 2003, LETA developed a formula for the anticipated annual budget for these services for each Public Safety Answering Point (Emergency Services Dispatch Center) based on the number of Dispatchers and the number of E911 phones calls received in the Center. Based on the formula, LETA provides the funds to the individual Centers for payment of expenses. The 2007 amount based on 2006 expenditures for Fort Collins Police Services is $12,919. In the same manner, a formula was developed for each Public Safety Answering Point for Emergency Medical Dispatch (EMD) based on the number of dispatchers and the number of EMD calls handled by the Center. The 2007 amount based on 2006 expenditures for EMD based on the formula for Fort Collins Police Services is $46,526. The total amount to be appropriated from these two budgets is $59,445. 16. First Readina of Ordinance No 047 2007 Appropriating Funds for the Harmony and Ziegler Roads Front Raneg Village Improvements Project Arterial street improvements are necessary to support the development of the Front Range March 20, 2007 Village. There are extensive improvements to Harmony Road to widen it to a 6-lane arterial from Timberline to Ziegler, including the construction of a new signalized intersection at Harmony and Corbett. There are also extensive improvements to the Ziegler/Harmony intersection. The widening of Ziegler to a 4-lane arterial between Harmony and Horsetooth will be completed, along with intersection improvements to Ziegler/Horsetooth, proposed to be a modern roundabout. Roadway improvements include the installation of curb -and - gutter, asphalt paving, bike lanes, landscaped medians, and storm and sanitary sewers. The construction is planned to begin in June 2007 and be completed on May 15, 2008. 17. First Reading of Ordinance No. 048, 2007 Authorizing the Conveyance of a Perpetual Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry Ridge. 5th Filing PDP Project. The developer of Registry Ridge, 5th Filing PDP, Lennar Colorado, LLC wishes to acquire an 8,850 square foot easement for a sanitary sewer line and a 10,256 square foot temporary construction easement through a future City park site for the benefit of the development. 18. First Reading of Ordinance No. 051, 2007. Authorizing the Lease of a Portion of the Resource Recovery Farm for Agricultural Use. This Ordinance authorizes an agricultural lease on approximately 110 acres located within the Resource Recovery Farm for a period of time starting January 1, 2007 and ending December 31, 2011. 19. Resolution 2007-027 Authorizing the Lease Back to the Seller of the Residence on Ranch Property to be Purchased as an Addition to Coyote Ridge Natural Area for Up to One Year. Natural Areas and Real Estate staffhave negotiated the purchase of the Coyote Ridge Stables property, including all improvements, from Robin Jones. To allow Mr. Jones time to find and purchase a suitable substitute residence, the seller has requested that the City lease the existing residence and surrounding three acres to Jones for up to one year, as a condition of the sale. 20. Resolution 2007-028 Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2007 Season. This Resolution approves rates for the rental and use of the City's raw water supplies. The Water Utility uses these rates to assess charges for agricultural use, for various contractual raw water obligations and for raw water deliveries to other City departments. Each year prior to the irrigation season, the City's Water Board ("the Board") makes a recommendation to the Council regarding the raw water charges. The Board discussed the proposed rental rates and charges at its February 22, 2007 meeting. The proposed rate for each type of water is based on several factors including market conditions and assessments charged by irrigation companies. March 20, 2007 21. Resolution 2007-029 Adopting the Fifth Amendment to the City's General Employ Retirement Plan for the Purpose of Shortenina the Length of Time Between an Employ Retirement Date and the Initial Benefit Payment. By adoption of this Resolution, Council would shorten the amount of time that lapses between an employee's retirement date and the date upon which he/she receives the initial payment from the General Employees' Retirement Plan ("Plan"). Currently, when an employee retires from the City, his/her retirement date is established as the first day of the subsequent month. Then, in accordance with Section 4 of Article VIII of the Plan, the benefit payments commence on the last day of the month following the month of the Retirement Date. For example, if someone retires from the City on the 5th of March, his/her retirement date will be established as April 1st and he/she will receive the first benefit payment from the Plan by May 31 st. As a result, eighty seven days will have lapsed between the last day of employment with the City and the first benefit payment. By adoption of this resolution, the first benefit payment under the above scenario will be received by April 30th, as opposed to May 31 st. Instead of eighty seven days, the retired employee would only have to wait fifty six days between his/her last day of employment with the City and the day he/she received the first benefit payment from the Plan. 22. Resolution 2007-030 Making Appointments to the Economic Advisory Commission Ordinance No. 020, 2007, adopted on Second Reading on February 20, 2007, created a new Economic Advisory Commission. Vacancies were advertised during February and March. Mayor Hutchinson and Councilmembers Weitkunat and Ohlson interviewed applicants. The Council interview team recommends the nine individuals listed in the Resolution to fill the newly created Commission. 23. Resolution 2007-031 Making Appointments to the Citizen Review Board and the Commission on Disability. A vacancy currently exists on the Citizen Review Board which was not filled during the annual appointment process. Applications were solicited and City Manager Darin Atteberry and Councilmembers Diggs Brown and Ben Manvel conducted interviews. The interview team is recommending Anne Berry to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. Vacancies currently exist on the Commission on Disability due to the resignation of William Livingston -Holt and the vacancy which was not filled during the annual appointment process. Applications were solicited and Mayor Doug Hutchinson and Councilmember Karen Weitkunat conducted interviews. The Council interview team is recommending Kimberlee Imig and Tim Effinger to fill the vacancies with terms to begin immediately and set to expire on December 31, 2009 and December 31, 2010 respectively. 00 March 20, 2007 ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. Second Reading of Ordinance No. 037, 2007, Appropriating Prior Year Reserves Designated for Library Improvements in the Capital Improvement Expansion Fund for Transfer to the City's Capital Projects Fund to Construct a Southeast Branch Library and the General Fund to Purchase Library Books and Materials. 8. Second Reading of Ordinance No. 038, 2007, Appropriating Unanticipated Revenue in the Capital Projects Fund - Pedestrian Plan Capital Project for Improvements Associated with the Safe Routes to School Program. 9. Second Reading of Ordinance No. 039, 2007, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. 10. Second Reading of Ordinance No. 040, 2007, Amending Chapter 25 of the City Code to Create a Manufacturing Equipment Use Tax Rebate. 11. Second Reading of Ordinance No. 041, 2007, Authorizing the Execution and Deliveryby the City of an Amended and Restated Site Agreement and Lease Agreement, a Continuing Disclosure Undertaking, an Official Statement, and Related Documents, Concerning the Leasing of the Mason Office Building and the Mason Street Parking Structure; Ratifying Action Previously Taken; and Providing Other Matters. 12. Second Reading ofOrdinance No. 042, 2007, Authorizing the Lease of City -Owned Property at 321 Maple Street For Up to Five Years. 13. Second Reading of Ordinance No. 043, 2007, Authorizing the Execution of Quit Claim Deeds and a Temporary Construction Easement for the Improvement ofNorth Taft Hill Road by Larimer County. 14. Second Reading of Ordinance No. 044, 2007, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Ziegler and Kechter Intersection Project. Ordinances on First Reading were read by title by City Clerk Krajicek. 15. First Reading of Ordinance No. 046, 2007, Appropriating Unanticipated Revenue in the General Fund for E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. 16. First Reading of Ordinance No. 047,2007, Appropriating Funds for the Harmony and Ziegler Roads Front Range Village Improvements Project. March 20, 2007 17. First Reading of Ordinance No. 048, 2007, Authorizing the Conveyance of a Perpetual Easement for a Sanitary Sewer Line and Temporary Construction Easement for the Registry Ridge, 5th Filing PDP Project. 18. First Reading of Ordinance No. 051, 2007, Authorizing the Lease of a Portion of the Resource Recovery Farm for Agricultural Use. 27. Items Relating to Adoption of the North College Corridor Plan. D. Hearing and First Reading of Ordinance No. 049, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Conifer Street Rezoning. E. First Reading of Ordinance No. 050, 2007, Amending Division 4.19 of the Land Use Code by Adding Large Retail Establishments to the List of Permitted Uses. Councilmember Manvel made a motion, seconded by Councilmember Brown, to adopt and approve all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Weitkunat highlighted item #22 Resolution 2007-030 Making Appointments to the Economic Advisory Commission. Councilmember Ohlson spoke regarding item # 19 Resolution 2007-027 Authorizing the Lease Back to the Seller of the Residence on Ranch Property to be Purchased as an Addition to Coyote Ridge Natural Area for Up to One Year. Mayor Hutchinson spoke regarding item #22 Resolution 2007-030 Making Appointments to the Economic Advisory Commission and thanked Councilmembers Ohlson and Weitkunat for participating with him in the selection process. Staff Reports City Manager Atteberry reported that the City had received the 13th Annual Asphalt Pavement Award from the Colorado Asphalt Pavement Association for the Timberline Road project. Tom Peterson, Executive Director of the Colorado Asphalt Pavement Association, presented the award to Matt Baker, the street oversizing program manager, and Mark Laken, the project engineer, for the Timberline Road widening project. He stated Timberline Road was an example of "excellence" in the roadway construction industry and recognized the high level of partnering between the contractor (Connell Resources) and the City. 282 March 20, 2007 City Manager Atteberry asked the following staff members to present a street conditions, maintenance and pavement management update to the Council: Mark Jackson, Transportation Planning Manager; LarrySchneider, Streets Superintendent; and Rick Richter, Acting City Engineer. Councilmember Brown asked how the City determined what deicing agent to use i.e., price or impact on environment. Schneider stated both price and environmental impact were considerations and sand was more environmentally damaging than the deicing agents. Councilmember Manvel asked about the cost of the deicing agent. Schneider stated the granular product was more corrosive than liquids. Councilmember Manvel asked if the deicing agent was damaging to concrete. Schneider stated there was no scaling when the product was used on concrete interstate highways but there were issues if the concrete was not done right. Councilmember Ohlson stated he would like to see a two -page memo on the environmental (non- human) impacts of the materials used for deicing. He asked if potholes and "alligator skin" on the streets were partly due to the use of chemicals. Richter stated those conditions showed up more in the spring than at other times. The City tried to do major maintenance when the "alligator" pieces were a foot or larger. The potholes were a result of the "alligator" problem. Councilmember Ohlson asked why the "alligator skin" was more noticeable now than it would be later. Richter stated in the spring the moisture comes up through the pavement and makes those sections darker where the moisture follows the cracks. As the moisture dried later in the summer it becomes less evident. Councilmember Roy requested the follow-up report use the names of components rather than the proprietary names of the chemicals used. Councilmember Kastein thanked staff for its hard work to fix potholes. He asked if the contact information for general traffic issues could be made more readily available to the public. Jackson stated the off -hours number to call for signal outages was the police non -emergency dispatch number. City Manager Atteberry noted the City did not maintain streets or parking lots in private developments. He thanked the street crews for their excellent work during the difficult winter. Councilmember Weitkunat thanked staff for the presentation and expressed appreciation for the information staff provided on the magnitude of the problem and the costs. The Council should look at what was being put in the budget for street maintenance. Councilmember Ohlson thanked staff for the "passion" shown about the work they do. Mayor Hutchinson stated the time spent on this was valuable to give the Council some idea about the "heroic efforts" that were going on. The City had a dedicated and professional staff that provided a wide range of services. 283 March 20, 2007 Councilmember Reports Councilmember Manvel reported he attended a FEMA meeting on the Dry Creek Project and FEMA would be remapping the area to finalize the work that had been done. This "complicated final administrative approval process" would be expedited by the work the City had done on the project and the report. Many on North College Avenue would no longer have to pay for flood insurance when the final step was completed. Items Relating to Adoption of the North College Corridor Plan Adopted The following is staffs memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 2007-032 Adopting the Updated North College Corridor Plan as an Element of the Comprehensive Plan of the City. B. Resolution 2007-033 Amending Figure GM-8 of the City Plan Principles and Policies to Comport with the North College Corridor Plan. C. Resolution 2007-034 Amending the City's Structure Plan Map to Comport with the North College Corridor Plan. D. Hearing and First Reading of Ordinance No. 049, 2007, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain PropertyKnown as the Conifer Street Rezoning. E. First Reading of Ordinance No. 050, Amending Division 4.19 of the Land Use Code by Adding Large Retail Establishments to the List of Permitted Uses. The proposed update to the North College Corridor Plan (NCCP) has been developed by City staff with extensive public input over thepast year. The main elements of the Plan are an updated vision, goals, policies, Framework Plan map, and recommended actions with possible funding sources. Several related items are being proposed in conjunction with the proposed updated Plan Based on the NCCP, a minor amendment to the City Structure Plan is needed to change the land use designation along the north side of Conifer Street, east of North College Avenue and west of Redwood Street, from Industrial to Community Commercial. Accordingly, to further implement this minor change, a corresponding rezoning is proposed. The NCCP recommends an amendment of City Plan's Targeted Redevelopment and Infill map to add more area near North College and Downtown. The area is located east of Redwood Street, south of Conifer Street, north of East Vine Drive, and extending slightly further east of the proposed realignment of Lemay Avenue. FIE March 20, 2007 The Plan recommends a specific change to Permitted Uses in the Community Commercial - North College zone district (C-C-Nzone) which is being proposed in conjunction with the Plan adoption hearing. The change would add Large Retail Establishments to the C-C-N zone. BACKGROUND In 1995, the City of Fort Collins adopted the North College Corridor Plan as an element of the City's Comprehensive Plan. Implementation of the Plan included the creation of new zoning districts now known as the C-C-N, Community Commercial -North College District and the C-N, Commercial -North College District. In 1997, the City Council adopted City Plan as the City's new Comprehensive Plan, with an update in 2004. The 2004 City Plan update called for the update of the North College Corridor Plan to deal with a list of issues and changes that had accumulated over the years. The primary objective of the NCCP is to tailor City Plan principles to the specific circumstances of the corridor. If adopted, the updated Plan will remain an element of City Plan. The updated Plan is divided into chapters covering the following topics: Chapter 1— Introduction Chapter 2 — Issues Chapter 3 — Vision Chapter 4 — Goals Chapter 5 — Framework Plan Chapter 6 — Implementation Actions & Financing, Some Details Presented below is a brief summary of each chapter. Chapter 1 - Introduction The Introduction sets the context for the 2007 update to the 1995 version of the North College Corridor Plan, describing the Plan area, the Plan's relationship with City Plan, and the transportation role of North College Avenue, and brief historical background of the corridor. Chapter 2 - Issues The second chapter lays the foundation for the updated Plan by describing the major issues that have emerged over the years that have led to this update and are addressed in the Plan. These key issue areas are: • Identity and Community Design • North College Avenue Itself • Retrofitting Streets Into the Corridor • Existing Development March 20, 2007 • Land Use and Business Mix • River and Connections to Downtown • Transportation • Drainage & Utilities • Financing All of the above issues interrelate and overlap and all have contributed to the state of the corridor today. Chapter 3 - Vision In general, the vision includes the following for the "urban evolution " of the corridor: • more efficient use of land • higher values • more complete public infrastructure, and • more economic activity; while keeping the strong sense of civic ownership that led to this Plan. The Vision addresses the issues listed in the previous Issues chapter, with sketches and photos. This update, thus, is geared to giving the area an overall positive identity and renewed sense of place, taking advantage of the corridor's proximity of the Poudre River and the Downtown, establishing new street patterns, and dealing with existing uses while fostering changes to a more desirable business mix, dealing with infrastructure shortcomings and drainage issues, and finding financial resources for needed capital improvements. Chapter 4 - Goals The Goals are intended to organize, guide, and stimulate efforts to implement the vision and address issues. Goals are categorized to correspond to the facets of the Vision. Also, the Plan states: " There is one overarching goal which does not fit any one category: 'Improve Public, Consumer, and Investor Perception of "North College. " Goals in all categories significantly contribute to this goal in particular, as it involves a number of interrelated elements: development and redevelopment projects, property upgrades, street improvements, beautification efforts, maintenance, an image and identity program, utilities to support all of the above, and financing and administration of all the above. " The Goals are as follows: LIST OF GOALS WE March 20, 2007 The Highway Itself — North College Avenue/SH 141US 287 • Improve the safety, image and identity of North College Avenue. • Find Context Sensitive Solutions (CSS) with the CDOTfor street design, as needed to reflect unique circumstances and the City's vision and goals. More Complete Street Network • Evolve a more complete pattern of streets, drives, and alleyways forming interconnected blocks ofdevelopment, serviced bypublic access and utilities, behind highway frontage. • Adapt the pattern and details of new streets to fit circumstances and facilitate development projects consistent with the vision and goals. Connections to Downtown Across the Poudre River Corridor • Capitalize on the river corridor as an attractive, more active connection with downtown, eliminating perceptions of an edge and a separation. Community Appearance and Design • Establish a distinct image and identity along the highway with streetscape improvement. • Build up a distinct image and city character in evolving places along the corridor • Highlight exceptional gateway locations. • Promote the positive attributes of the whole North College corridor area with a unique image and identity program. Land Uses and Activity • Strengthen market underpinnings and economic activity. • Support and complement the Downtown core. • Maximize multiple story buildings. Financing and Administration • Solve drainage system needs where required to allow street and development projects. Leverage and stimulate further investment with infrastructure projects. • Leverage City investments with additional financing derived from land value, as needed to make necessary infrastructure feasible. • Foster a positive investment climate for projects that contribute to the vision and goals. • Assemble key properties where needed to allow development projects and urban upgrading to proceed. 287 March 20, 2007 Community Support/Dealing with Change Continue the broad public support which prompted this Plan and much of the progress in the corridor since 1992, will continue. Increase collaboration and mutual understanding among multiple owners and City Departments. Public support, civic discussions, and citizen initiative will continue to lead to financing solutions and other property agreements to implement goals. Chapter 5 - Framework Plan Chapter 5 presents the revised Framework Plan map. The map illustrates the general, preferred land use and transportation framework for development and redevelopment projects in the North College corridor, consistent with the vision and goals. Its land use pattern is a guide for zoning regulations; and its recommended street network will be required or encouraged as part of (re)development projects. The Framework Plan map includes one minor change to a current land use designation, along the north side of Conifer Street, east of North College Avenue and west of Redwood Street. The map shows a change from Industrial to Community Commercial designation. The Framework Plan also shows a "New Vine Drive Influence Area" extending eastfrom the North College Corridor, along the proposed realignment of Vine Drive, to the proposed realignment of Lemay Avenue. These proposed realignments involve major transportation implications which directly affect the North College Corridor. Chapter 6 - Implementation Actions & Financing, Some Details The final chapter, Implementation Actions & Financing, is to provide a basis for crucial conversations on the nextgeneration ofprojects and efforts to accomplish the vision, goals, policies, and Framework Plan of the updated North College Corridor Plan. In order for the Plan to be implemented, it requires a broad acceptance and collaboration among multiple property and business owners, City departments, and other agencies. The chapter lists the implementation actions, and identifies why the action is necessary, who should be responsible for the action, when the action needs to be undertaken, and how the action could be financed. Public Process Thepublicprocessforthe update to the North College Corridor Plan consisted oftwo majorgeneral open houses and monthly updates at meetings of the North Fort Collins Business Association (NFCBA), including two meetings devoted to review and discussion of the Plan. The open houses were conducted on May 31, 2006, and November 1, 2006 The monthly meetings with the NFCBA were conducted throughout 2006 and into 2007. A series of eight property -owner focus group meetings were held in July and August of 2006, along with a few additional individual meetings, visits, and phone calls. The primary purpose of these 9M March 20, 2007 meetings was to inform owners of the plan, discuss a vision and goals, and explore needs for new streets, utilities, and redevelopment involving groups of properties. In addition, the plan's progress was reviewed by the Transportation Board and the Natural Resources Advisory Board. RELATED ITEM. PROPOSED CHANGES TO CITY PLAN Proposed changes to City Plan are a change to the City Structure Plan map, and a change to the Targeted Redevelopment Areas map. Structure Plan Change The vision for North College emphasizes cross streets leading to and from North College Avenue to foster active, attractive, pedestrian friendly places. Properties along the north side of Conifer Street offer a very good opportunity to achieve this in conjunction with development along the south side of Conifer, which is already zoned C-C-N. The Industrial zone allows a number of land uses that would be incompatible with the vision due to low visual quality, low levels of human activity, and low levels of improvement (e.g., junkyards, outdoor storage, warehouses) Targeted Infill and Redevelopment Areas Map During development of the update to the NCCP, the influences of the proposed realignment of Vine Drive were integrated into the Plan as a major factor. The Plan update process highlighted the magnitude of changes introduced by the proposed realignment of "New Vine Drive" through the middle of the largest area of undeveloped land in and adjacent to the corridor. The effects of the realigned arterial street are further magnified by two major water lines proposed to parallel the roadway, and a major channel or pipe to carry stormwater flows. Influences of these facilities are tied to the entire stretch from North College Avenue to Lemay Avenue. Influences include extraordinary costs and significant impacts on land use and transportation. Specifically, some ofthe influences of the realigned Vine depend on how and when it intersects with Lemay Avenue, and on the required replacement of the existing Vine/Lemay intersection with a completely new intersection based on realignment of both streets into open land to accommodate a full size arterial intersection. Conifer Street and the stretch of North College Avenue from Conifer south are currently designated as an Enhanced Travel Corridor at the time of this Plan. However, the proposed realignment of Vine Drive has launched conversations about whether that designation mayshiftfrom Conifer Street to the New Vine Drive, with implications for the North College Corridor. Another consideration in expanding the "North College Redevelopment and Infill Area " eastward along realigned Vine Drive came from market analysis done in 2005 as an input to the NCCP. That analysis highlighted a very important need to increase residential development in the trade area. While the introduction of "New Vine" has raised questions about a greater potential for non- residential uses, the proposed area to be added is still envisioned as a good opportunity for P-M, March 20, 2007 residential development directly tied to the North College corridor by the new roadway. For all these reasons and more, inclusion of the area on the Infill and Redevelopment Map is integral and essential to the North College corridor. Inclusion on the map generally means there is an increased policy basis for the City to help fund extra -ordinary infrastructure needs due to deficiencies in existing infrastructure, and to provide special features or assistance needed to accommodate the impacts of major changes which are envisioned. RELATED ITEM: PROPOSED CONIFER STREET REZONING This is a proposal to rezone nine parcels of land containing approximately 4.1 acres located along the north side of Conifer Street and just west of Redwood Street. The requested zoning change is from the Industrial District (I) to the Community Commercial -North College, District (C-C-N). The three property owners who are affected, support the change. Land Use Code Requirements for Rezonings The regulations covering rezonings in the City offort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) (2) indicates the following: Mandatory RequirementsforQuasi-JudicialRezonings. Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty (640) acres of land or less (a quasi- judicial rezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4 (H) (3) of the Land Use Code indicates the following: Additional Considerations for Quasi -Judicial Rezonings. In determining whether to recommend approval ofany suchproposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and natural functioning of the environment; 290 March 20, 2007 (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. Justification for the proposed rezoning The proposed rezoning is being made in conjunction with the update to the North College Corridor Plan to help implement its vision and goals, along with the related change to the City Structure Plan. Thejustif:cationmatches thejustifzcationforthe Structure Plan change. Asnotedpreviously, the vision for North College emphasizes cross streets leading to and from North College Avenue to foster active, attractive, pedestrian friendlyplaces. Properties along the north side of Conifer Street offer a very good opportunity to achieve this in conjunction with development along the south side of Conifer, which is already zoned C-C-N. The Industrial zone allows a number of land uses that would be incompatible with the vision due to low visual quality, low levels of human activity, and low levels of improvement (e.g., junk yards, outdoor storage, warehouses.) Therefore, the justification for this rezoning lies within the North College Corridor Plan, specifically its Framework Plan map, which shows the subject area to be appropriate for inclusion in the Community Commercial District on the City's Structure Plan Map. Consistency with City Plan, The City's Comprehensive Plan As indicated above, any request to rezone less than 640 acres is considered a quasi-judicial rezoning and the first "criterion "for approving the request is consistency with the City's Comprehensive Plan. The main consideration in this regard is the City Structure Plan map, which sets the basic land use framework showing how Fort Collins should grow and evolve. Since the Structure Plan map is proposed for amendment as part of the update to the North College Corridor Plan, the proposed rezoning is a consistent part of the same package. Findings of Fact In evaluating the request for rezoning, staff makes the following findings of fact: A. In 1997, the City adopted City Plan as City's the new Comprehensive Plan. And in 2004 an update to City Plan was adopted by the City Council. The 2004 City Plan update did call for the update of the North College Avenue Corridor Plan to deal with a list of issues that had accumulated since the initial adoption of the Plan. B. The update of the North College Avenue Corridor Plan is also proposed as an element of the City's Comprehensive Plan and the Framework Plan map in the Plan shows the subject area changing from the "Industrial" classification to the "Community Commercial -North College " classification. C. The requested rezoning is consistent with the City's Comprehensive Plan, and thus meets the requirement of Division 2.9 of the Land Use Code Section 2.9.4 (H) (2), by directly implementing the North College Corridor Plan. 291 March 20, 2007 RELATED ITEM: PROPOSED CHANGE TO C-C--NZONE This is a proposed revision to Division 4.19, the Community Commercial North College Zone District (C-C-N) of the Land Use Code. The revision would add "Large Retail Establishments" to the list ofpermitted uses in the C-C-NZone District, Section 4.22(B) of the Land Use Code, subject to review by the Planning and Zoning Board. In 2000, the City Council added Supermarkets to the zone district, finding that large footprint uses can be appropriate in the zone if they provide responsive design and needed infrastructure. The reasoning was that large uses bring a special ability to deal with costly infrastructure needs in the corridor, and size impacts can be adequately addressed in the design process and the publicprocess of development review. The proposed realignment of Vine Drive introduced another change following the C-C-Nzoning, by introducing a large scale trafficfacility through the center of the largest contiguous area ofC-C- Nzoning. Then, market analysis done in 2005 as an input into the updated NCCP, indicated that a large "destination retail" establishment(s) would be a crucial boost in helping rejuvenate the economic vitality of the North College corridor. A "big box" retail establishment could fill the need for a destination retail use to draw customers into the corridor. Changed conditions and new information combined with public discussion in the Plan process have led to the proposed change to allow the use. " Clark Mapes, City Planner, stated this was an update of a plan done in 1994 and had been discussed at a work session in December. He stated the number one obstacle to making improvements in the area had been removed with the $10 million in Dry Creek flood facilities. The agenda item included five items. Resolution 2007-032 would adopt the updated North College Corridor Plan as an element of the Comprehensive Plan. Resolution 2007-033 would amend the targeted redevelopment and in -fill map in City Plan to reflect the influence of the proposed Vine Drive realignment. He presented visual information showing the proposed Vine Drive realignment. Resolution 2007-034 would amend the land use designations on the City Structure Plan to allow for a modest rezoning of property along Conifer Street on the east side of North College Avenue and west of Redwood Street. Ordinance No. 049, 2007 would amend the zoning map for the Conifer Street rezoning, and Ordinance No. 050, 2007 would amend the zone district called Community Commercial North College to add large retail establishments as a permitted use in the zone. He highlighted elements of the original Plan and noted there had been significant projects and changes since the original Plan. The update was needed to incorporate those changes, convene crucial discussions among multiple owners and service providers who must work together to make progress, clarify the vision and goals, clarify priorities and start a new set of conversations on the "next generation" of projects. He outlined the public process and the City's work with the North Fort Collins Business Association and the Urban Renewal Authority citizen advisory group. There was a series of property owner focus group meetings. The Plan had also been taken to the Transportation Board, Natural Resources Advisory Board, and Planning and Zoning Board. He highlighted the following main points in the 292 March 20, 2007 Plan: clarification of the vision for the highway (North College Avenue), which would remain the natural focus of the area, and improving the safety and attractiveness of North College Avenue; and places that have a neighborhood or downtown -like feel along the new cross streets and side streets and new and improved intersections to bring visibility and access to those places. The ideas for North College Avenue had to do with the streetscape, a theme to highlight the outdoor recreation aspects of the Colorado Scenic Byways designation, and highlighting the Poudre River as a gateway and a destination. There were also ideas about a more complete street network to bring access and utilities into some of the vacant rear areas. Properties along College Avenue would no longer have direct access from the highway and that access would be provided by the new cross streets and side streets. He presented visual information showing the vision relating to possible larger footprint uses. Another big idea in the Plan was to improve connections to downtown across the Poudre River corridor. There was a complex set of issues relating to the River and the vision was to have more active and attractive connections across that "divide." He presented visual information showing the River's floodway and floodplain. The streetscape along College Avenue and the Vine intersection would be good opportunities for more attractive and active connections between North College and downtown. A balance between activities of people and vehicles, flood flows, natural areas and the crucial habitat corridor had been discussed at length. He presented visual information showing the Lake Canal irrigation ditch diversion running parallel to the River. Sidewalks would have to cross that canal and plans were mentioned for consideration. Vertical elements such as pedestrian bridges could contribute to the desired image and identity of the area. Another main aspect of the Plan reflected a strong desire and support for evolving a unique and interesting character that would be distinct from generic or typical suburban development. One of the recommendations of the Plan was to explore an updated set of standards and guidelines for the area centered around architectural style that might be more informal than other parts of the City. The Plan addressed a need for stronger underpinnings in the corridor i.e., uses that would bring people and economic activity to the area, starting with housing and jobs and going on to mixed neighborhood and commercial activity. There was a tie between land use and community design ideas. The Plan would accomplish what it set out to do and built a base of understanding about the needs in the area and the vision and goals for the area. This update had started new conversations about projects. Mayor Hutchinson stated each audience participant would have five minutes to speak. Dean Hoag, President of the North Fort Collins Business Association, small business owner, spoke in support of the Plan and stated it would give positive direction to the area. He encouraged the Council to allow the addition of large retail establishments to the CCN zone district. He urged the Council to adopt this Plan. Ron Lautzenheiser, 7423 Couples Court, small business owner at 1506 North College Avenue, supported adoption of the Plan. The greatest impediment to development was the Dry Creek floodplain and that had now been removed. North College Avenue was "building community" and "pride" in the area. North College could be brought up to the standards of the rest of the City and could become a "great contributor" to Fort Collins. 293 March 20, 2007 Mickey Willis, Fort Collins resident, supported the vision of the North College Corridor Plan and stated he had some issues with expanding the Urban Renewal District to cover the area just past Lemay Avenue. None of the property owners received notice of this "annexation process." There had been "consistent abuse" in other parts of Northern Colorado of the urban renewal laws. Mayor Hutchinson noted the Council was not addressing the issue of the Urban Renewal District expansion at this time and the matter had been postponed. Mr. Willis stated this was briefly addressed in the North College Plan. Mayor Hutchinson stated the annexation issues had been postponed to allow more time for the public outreach processes. Mr. Willis stated the Alta Vista neighborhood was an historic neighborhood because of its large collection of adobe -constructed houses at this latitude in North America. This was also an area neglected by City policies because it had been in a floodway. A "floodway effect" on this neighborhood would mean the payment of $800-$900 in flood insurance by those in the area. This area was not proposed for inclusion in the annexation area and many improvements were needed in the area. The North College Plan did not talk much about the Vine Drive realignment moving up on the capital improvement project list. The expansion of these areas into an annexation area would draw those property taxes generated by the properties from the area to fund improvements on North College Avenue. The lack of transportation capacity at Vine and Lemay was stopping growth from downtown to Mountain Vista. If the area was to be annexed the Vine intersection must be made a priority so that truck -deterrent mechanisms could be put into place. Councilmember Manvel stated he had questions about the Vine and Lemay intersection realignment. He asked the timing of that project and the effects it would have on this process. Mark Jackson, Transportation Planning Manager, stated the Vine relocation was on the City's Master Street Plan and the entire intersection project, including the realignment of the portion of Lemay to the east, was on that Master Street Plan and was reflected in the City's capital improvement project list. It was not officially ranked as a high priority project and that could change due to the "groundswell of opportunity" and interest in the North College corridor and the northeast quadrant of Fort Collins. There could be other opportunities for the Vine project to become a higher priority, such as the Greeley waterline project. Staff was working collaboratively with Stormwater on some preliminary design work. Councilmember Manvel asked if the coordinated Plan included new stormwater and roadway construction that would help some of the problem with Alta Vista. Jackson stated the current collaboration was on the design work and acquisition of right-of-way. The preliminary design work would "tie down" the alignment and allow the City to give people more precise information. Councilmember Manvel stated he saw this as a "huge new project" and understood the current Vine and Lemay intersection alignment would not allow the kinds of improvements that were needed. He asked if the current alignment would be left as "local streets" and the traffic moving segments would be moved away to allow the improvements to be made. He suggested the expense may not be much more to do the realignment than to make improvements at the current intersection. Jackson stated this was an accurate assessment. He stated right-of-way was being acquired at every possible opportunity and the City would not have to "start from ground zero" on the project. Staff was 294 March 20, 2007 looking at every opportunity to move the project forward. Councilmember Manvel asked if the people of Alta Vista and Buckingham had been consulted in the process. Jackson stated the changes to the Master Street Plan reflecting the Vine Drive realignment were made in 1999 or 2000 and there was extensive public outreach done at that time. Joe Frank, Advance Planning Director, stated now that the floodplain had been removed and activity on North College was being generated the Vine realignment project would be sooner than previously anticipated, possibly less than 10 years. Councilmember Weitkunat noted that transportation issues affect the North College Plan and it was important to stress the new Vine alignment during the discussions. A critical piece would be the closure of Vine as it is now as a through street. There would be an opportunity to "urbanize" the current Vine/College intersection to make it pedestrian friendly. One of the most important pieces of the North College Plan was to integrate that section of the City into the community by reducing barriers. The current streets, the River and the train tracks created a barrier and it was necessary to "mitigate that barrier." The new alignment of Vine Drive would be critical to the function of North College Avenue in the future. The City needed to look at the priorities of the whole transportation network. This did not mean "bypass" but did mean "transportation corridors." This would benefit the people in the Alta Vista and Buckingham neighborhoods because it would "create a neighborhood" rather than "divide a neighborhood." The Greeley -Weld waterlines that were being put in along the new Vine corridor were critically important. This could be an opportunity for the City to "jump onto the construction that was happening" in connection with those waterlines. Dealing with east -west transportation connections would be important for North College. Jackson stated the current Vine Drive would revert back to a localized road and Conifer was identified as a potential enhanced travel corridor. A critical piece of the transportation "skeletal network" was the concept of "parallel corridors." The North College Plan was in concert with previous work done on access control plans, the Master Street Plan, the transportation master plan, and parallel corridors. The parallel corridors would provide another outlet to make short internal trips without having to get onto a congested corridor. Ken Waido, Chief Planner, stated one of the north -south connections was the Linden Street/Redwood Street connection that would go up the center on the east side of College Avenue and have a direct connection into the heart of the downtown. Councilmember Manvel asked about north -south connections on the west side (Mason Street) and the barrier of narrow deep lots running west from College Avenue. He asked about the process to get buy -in from the property owners, noting that this would make their land more accessible with more frontages. Jackson stated the access control plan was done in phasing so there would be a short term immediate phase and a long term phase involving redevelopment. It was early to say what the Mason Street corridor would look like. The intent was to do corridor plans for the remaining enhanced travel corridors, including Harmony Road, Timberline and the Mountain Vista area. Councilmember Roy stated one problem for development appeared to be the two different sewer lines i.e., a constrained clay line under a lot of development and a six-inch line. He asked about the cost to modernize the sewer line system early in the redevelopment. Mapes stated the issues section of the Plan noted the problem with the sewer lines. The main issue was the area along the west side where the Mason Street parallel street system would be. The Utilities Department was not sure about 295 March 20, 2007 the current state of disrepair of the sewer line that runs beneath multiple properties and buildings with no easement or right-of-way. The Utilities were supportive of the idea of a parallel street, which would include a new sewer line. It would be done in connection with development or with the property owners paying for it. The Urban Renewal Authority could help with tax increment financing. This was one more reason the new street was needed on the west side of College Avenue. This was an example of a "blight factor." Councilmember Roy asked for a schematic showing where the railroad tracks cross College Avenue diagonally to the north. Mapes presented visual information showing the Union Pacific spur to the north. Councilmember Roy asked if that spur was used any more. Mapes stated the spur was used for several businesses and the cement plant. Councilmember Roy asked if consideration had been given to using the right-of-way on those rail lines as an amenity i.e., for races, activities and a pedestrian walkway. Mapes stated efforts were made to explore the issue with the railroad and the property owners that use the spur and the talks "never went anywhere." Councilmember Roy stated he would be interested in opening up the discussion to consider possible recreational opportunities and opening it up as a pedestrian connection to make north Fort Collins even more inviting. Frank stated there were several land uses in the area that use rail access and that industrial uses might find North College to be attractive because of that rail access. That was part of the mix of what makes this area attractive to different types of uses. Councilmember Manvel stated a $70 million figure was referenced in the Plan for infrastructure improvements i.e., sewer lines, undergrounding of power lines, streets. He noted the Plan indicated that perhaps half of the money could be supplied by tax increment financing upon development, $5 million could come from Building on Basics, and $20 million could come directly from developers. He was encouraged that much of the funding would come from other sources and asked if this scenario was likely. Frank stated the tax increment financing would not all go into infrastructure. He did not believe enough money would be generated from tax increment financing to solve the problem and there would be a significant funding gap. Tax increment financing would be a "small tool' that would be used with other funding sources. Sales tax money would need to be reserved in the next capital improvements plan for North College Avenue. Some of the developer contribution may be in the long term because developers would be asking for help in the beginning to get development projects started. Councilmember Manvel asked if the annexation of the Lemay area to the Urban Renewal District would mean that North College Avenue would need the money as noted by Mr. Willis. Frank stated the Council, sitting as the Urban Renewal Authority, would decide how the money was to be spent in a fair way. The tax increment financing was a start toward funding improvements. Councilmember Ohlson asked about the "down side" of the retail zoning and the addition of large retail establishments. Mapes stated the Plan emphasized the vision for the cross streets. The south 296 March 20, 2007 side of Conifer was Community Commercial zoning that would have mixed use development with stores, businesses and housing, while the north side of Conifer was Industrial that would allow major vehicle repair, outdoor storage, junk yards, storage units and uses with low activity, low investment, and low visual quality. Conifer was shown on the framework map as being an enhanced east -west travel corridor. It made sense to make Conifer more attractive on both sides of the street, with Industrial not fronting on Conifer. The cons would be that four to six acres of Industrial ground would be lost. Councilmember Ohlson noted there had been discussion that there were fewer Industrial sites in the City. He asked about the cons for the second ordinance. Mapes stated the addition of big boxes to the CCN zone would build on Council's previous addition of supermarkets to the zone. The vision of the zone was "undermined" because of the Vine realignment and the addition of grocery stores to the zone. The cons were the same as big boxes anywhere i.e., a big footprint, big parking lot, neighborhood impacts. There were no existing neighborhoods in the immediate area. There were both pros and cons associated with big boxes, and this was a "pragmatic move" to allow a big box. Any development proposal would go through the development process. Mayor Hutchinson noted the word "annexation" was referenced a number of times and this related to expansion of the Urban Renewal Authority boundary. He asked whether that annexation applied to this Plan or not. Mapes stated expansion of the Urban Renewal Authority was a separate issue, although the North College Plan sets the stage for that expansion. ("Secretary's Note: The Council took a brief recess at this point in the meeting.) Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Resolution 2007-032. Councilmember Weitkunat stated she was "delighted" to see this item come to Council during her term as a Councilmember. This was a "milestone" for progress on North College Avenue. Transportation and streetscape issues would be critical to making the area a "friendly community - connected" area. It was important to remove the barriers to the rest of the community and "bind" the area to the City. This was the northern gateway to the City and everyone had worked hard to make the area part of the community. Councilmember Manvel stated the Poudre River was a "divider" in the community. He hoped the River would become a way to attract people to North College Avenue. Councilmember Kastein would like the City to look at outside funding mechanisms for the transportation improvements that were needed to address existing deficiencies. Mayor Hutchinson was glad to see this come to Council to develop a vision for a neglected area of the City. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. 297 March 20, 2007 THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2007-033. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt Resolution 2007-034. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 049, 2007 on First Reading. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 050, 2007 on First Reading. Councilmember Ohlson questioned whether it would be good to add large retail to this area but that he would "defer to the people that worked on this" for a long time i.e., the citizens, staff and Council liaisons. Mayor Hutchinson stated he was sure that the staff and the people of the area would be diligent about any large retail development meeting City standards. Councilmember Weitkunat stated it was not a "slam dunk" that large retail would happen just because it was added to the list of permitted uses. She noted that any project would have to meet criteria and go through the development review process. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Councilmember Weitkunat stated there had been "rumblings" that the Southwest Enclave Annexation ballot measure denied people the right to vote. County residents were allowed to vote on County measures. They were not able to vote in City elections until they were annexed. This was a matter of jurisdiction. March 20, 2007 Councilmember Roy stated there had been a comment that the Southwest Enclave Annexation was "eminent domain." He stated "nothing could be further from the truth." Nothing about the Annexation had anything whatsoever to do with eminent domain. Councilmember Manvel stated the Southwest Enclave Annexation was on the ballot and the ballot measure was to repeal the Council's annexation of the area. A "yes" vote was in favor of repeal and a "no" vote was in favor of having the annexation go forward. This area was within the City and encouraged people to look at a map to see if it belonged in the City or the County. He urged people to vote "no" on the ballot measure. Mayor Hutchinson urged the people of Fort Collins to look closely at the Southwest Enclave Annexation and consider that there was some misinformation distributed. One flyer had been mailed out that indicated people in the annexation were being denied the right to vote in City elections for nearly 10 years because the Council is circumventing State law with a phased annexation. When the annexation was final (upon the recording of the annexation map) the right to vote in City elections was granted. ARM 3 Council Meeting Cancelled Councilmember Weitkunat made a motion, seconded by Councilmember Ohlson, to cancel the Regular Meeting of April 3, 2007 due to the municipal election. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None. THE MOTION CARRIED. Mayor Hutchinson called a Special Meeting to be held on Tuesday, April 10, 2007 at 6:00 p.m. in the City Council Chambers for the purpose of convening an organizational meeting to administer the oaths of office to the newly elected Mayor and Councilmembers and the selection of the Mayor Pro Tern and any other matters that may properly come before the Council. Mayor Hutchinson noted a work session was scheduled for next Tuesday to review the Council's policy agenda and discuss the Foothills Fashion Mall urban renewal. The meeting adjourned at 8:35 p.m. ATTEST: I ! `• q �6 . _ Adjournment 299