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HomeMy WebLinkAboutMINUTES-06/17/1997-RegularJune 17, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 17, 1997, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Councilmember's Absent: Mayor Azari. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Bob Gifford, 1813 Essex Drive, objected to the three minute time limit imposed for citizen participation and urged Council to consider reinstating the five minute limit. William Terry, 430 Reily Drive, Bellvue, Colorado and Fort Collins business owner, spoke of the City's policies and practices regarding prairie dog eradication. He stated the barrier issue should be tried and determined to be inadequate before other means are used, such as poisoning. John Meleski, 2619 Featherstar Way, expressed concerns regarding City Plan and the new Land Use Code. A] Baccili, 520 Galaxy Court, opposed the three minute time limit for citizen participation. Citizen Participation Follow-up Councilmember Kneeland responded to comments regarding the three minute citizen participation and why it was reduced. She stated Council is still investigating how public participation could be lengthened and still keeping the length of the meetings down. City Manager John Fischbach stated he would provide Council with information from the Land Use Advisory Committee with regard to upcoming changes. Councilmember Smith spoke of the importance of public participation and stated time limits are being looked at. 455 .June 17, 1997 Agenda Review City Manager John Fischbach stated there were no changes to the Agenda as published. John Meleski, 2619 Featherstar Way, requested that Item 910, Second Reading of Ordinance No. 83, 1997, Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation, be withdrawr from the Consent Calendar. Councilmember Bertschy requested that Item #19, Ilems Relating to the Design and Construction of Intersection Improvements and Traffic Signal Reconstruction at Riverside Avenne (State Higlnvay 14) and Mulberry Street Intersection, be withdrawn from the Consent Agenda. The Consent Calendar consists of Item Numbers 7 through 23. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda Items pulled from the Consent Calendar by the public, staff or Councilmembers may be considered separately under Agenda Item #29, Pulled Consent Items. In 1992, City Council adopted the Service Productivity Incentive Policy, effective for 1992 and years thereafter. The goal of the policy is to provide a framework within which a manager can develop a long-range strategic plan for service delivery rather than rely on a short-term, line -item cost approach. Ordinance No. 80, 1997, which was unanimously adopted on First Reading on June 3, appropriates prior year savings from increased productivity and operating efficiencies. Community Development Block Grant Fund to be Used for an Addition to the Education and Life ,! Center, This Ordinance, which was unanimously adopted on First Reading on June 3, 1997 appropriates $45,000 from unanticipated revenue in the Community Development Block Grant (CDBG) Fund. The unanticipated revenue represents funds raised by the Education and Life Training Center, which the CDBG program will receive and use with funds already programmed for an addition to the Education and Life Training Center building. 456 June 17, 1997 9. Second Reading of Ordinance No. 82. 1997. Appropriating Unanticipated Revenue in the Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Blocks The City of Fort Collins has been awarded a State Historical Fund grant in 1997 by the Colorado Historical Society. The purpose of the grant is to restore the street front facades of the historic Trimble and Binkler Blocks in Fort Collins. This Ordinance, which was unanimously adopted on First Reading on June 3, 1997, appropriates unanticipated revenue in the amount of $95,000 for the facade restoration of the Trimble and Binkler Blocks at 132-140 and 142-144 North College Avenue. 10. Second Reading of Ordinance No 83. 1997 Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation. When Ordinance No. 153, 1995 was adopted, it amended Section 5-27(42) of the Code containing certain provisions regarding foundation ventilation. Ordinance No. 83, 1997, which was unanimously adopted on First Reading on June 3, 1997, does not substantively change the Code but clarifies the scope of the foundation ventilation provisions. 11. Second Reading of Ordinance No. 84 1997. Amending Section 24-1 of the City Code to Allow the Placement of Neighborhood Recognition Signs on City Streets. Sidewalks and Other Areas Owned by the City, A Neighborhood Sign Recognition Program has been proposed for the purpose of recognizing and rewarding local neighborhood organizations who are committed to maintaining and improving the quality of life for all residents of their neighborhoods. Neighborhood organizations which apply and qualify for the program will have two attractive signs identifying the neighborhood posted by the City in the neighborhood. The intent of the program is to place these neighborhood recognition signs in City rights -of - way. However, the City Code currently does not allow this type of sign to be erected upon City streets, sidewalks and other publicly owned areas. Ordinance No. 84, 1997, which was unanimously adopted on First Reading on June 3, 1997, permits neighborhood recognition signs to be erected by the City in these areas. 12. Second Reading of Ordinance No. 85 1997. Designating the City Park Cannon as a Local Landmark Pursuant to Chapter 14 of the City Code, The City Park Cannon is considered to be a museum object. As such, the conservation standards adopted by the Fort Collins Museum for the City Park Cannon will serve as the standards by which maintenance, restoration, alterations or changes to the object would be June 17, 1997 reviewed for compliance with the Landmark Preservation Code. Ordinance No. 85, 1997, which was unanimously adopted on First Reading on June 3, 1997, designates the City Park Cannon as a Local Landmark. Ordinance No. 86, 1997, which was unanimously adopted on First Reading on June 3, 1997, approves a vacation of the parkland easement owned by the City on the north side of the Trillium parcel for the purpose of allowing Wonderland Development Corporation to build on this property. 14. Second Readin2 of Ordinance No. 87- 1997 Appropriating Unanticipated Revenue in th Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for th Purpose of Purchasing Land Adjacent to Lee Martinez Park. Ordinance No. 87, 1997, which was unanimously adopted on First Reading on June 3, 1997, appropriates the $15,000 neighborhood contribution; appropriates the $35,000 DDA contribution and appropriates the City's $82,162 contribution into the Parkland Fund to purchase the 1.872 acre parcel. 15. Second Reading of Ordinance No, 88 1997 Appropriating Unanticipated Revenue for the 1997-98 HOME Program, Ordinance No. 88, 1997, which was unanimously adopted on First Reading on June 3, 1997, establishes the program and budget for the 1997-98 program year. The HOME Investment Partnership Program is an ongoing grant program funded by the Department of Housing and Urban Development (HUD). Ordinance•. 89, 1997, Appropriating Unanticipated.1 Development The Community Development Block Grant Program provides Federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City's General Fund Budget to address such needs. Ordinance No. 89, 1997, which was unanimously adopted on First Reading on June 3, 1997, appropriates unanticipated revenue and authorizes the transfer of appropriations between projects funded by the Community Development Block Grant fund. M June 17. 1997 17. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8. 1997. Regular Municipal Election. At the April 8 regular municipal election, twelve Charter amendments were submitted to the voters of the City of Fort Collins. As a result of the passage of ten of the twelve amendments, a number of follow-up ordinances and resolutions need to be considered for adoption by the Council. A. First Reading of Ordinance No. 90, 1997, Amending the City Code Exempting the Downtown Development Authority and the Fort Collins Housing Authority from the Conflict of Interest Provisions of the City Charter. Charter Amendment No. 3 added language to provide that authorities of the City that are governed by state rules of ethical conduct may be exempted from conflict of interest provisions by Council ordinance. This Ordinance would exempt the Downtown Development Authority and the Housing Authority from the provisions of Article IV, Section 9 of the Charter. B. First Reading of Ordinance No. 91, 1997, Amending the City Code Establishing the Deadline for Filing a Nominating Petition for a Recall Election. A person desiring to become a candidate at a recall election may do so by nominating petition. Charter Amendment No. 4 added language to Article IX, Section 3 of the Charter to provide that the Council shall set by ordinance the deadline for filing a nominating petition for a recall election. This Ordinance sets the deadline at 30 days prior to the date of the recall election. C. First Reading of Ordinance No. 92, 1997, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City. Charter Amendment No. 5 added language to Article V, Section 1 of the Charter to provide that the Council shall set by ordinance the term for which it shall adopt budgets in accordance with the provisions of Article V. This Ordinance would permit biennial (two- year) budgeting. D. First Reading of Ordinance No. 93, 1997, Amending Section 2-31 of the City Code Pertaining to Executive Sessions of the City of Fort Collins to Conform the Executive Session Purposes to the Provisions of the City Charter, as Amended April 8, 1997. Charter Amendment No. 7 expanded the purposes for which executive sessions may be held. 459 June 17. 1997 E. Resolution 97-85 Making an Amendment to the Boards and Commissions Manual Concerning Terms of Office and Removal of Members by Council With or Without Cause. Charter Amendment No. I 1 amended Article IV, Section 1 of the Charter to provide that the ordinance establishing a board or commission shall prescribe the powers, duties, terms of office, operating procedures and compensation of board and commission members. It provided that all board and commission members may be removed by the Council with or without cause. This Resolution amends the Boards and Commissions Manual to reflect those changes. 18. First Reading of Ordinance No 94, 1997, Appropriating Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Preliminary Design of the Traffic Operations Department Relocation. The Traffic Operations Department is responsible for traffic signals, paint, and pavement markings. The sign and paint crews, the traffic engineer, and the administration elements of the department are located at the Streets Facility on the corner of Vine and Lemay. The signal crews, the VMS master computer system, and the equipment storage is located at the Water Utility facility at 700 Wood Street. Water Utilities has requested that Traffic Operations vacate the Wood Street facility so that Water Utilities can continue with its expansion plans. This request has placed the Traffic Operations Department in a position to find a permanent facility from which to conduct its operations. The selection of the current sand/salt facility as a new Traffic Operations facility came about for several reasons. The first was that storing salt in this particular building has accelerated the deterioration of the facility. Salt has leached through the building and is destroying the old mortar between the bricks. The Streets Department must move the operation from this facility or the building may be beyond repair. The second reason has to do with coordination between the Streets and Traffic Department. In the two years that Traffic has been housed in the Streets facility, coordination efforts between the two departments has increased significantly. Having the two departments on. the same property will continue the coordination efforts and increase department effectiveness. The building also contains enough space for the all of the Traffic Operations personnel and provide indoor storage for equipment and materials. The building also contains enough space for the all of the Traffic Operations personnel and provide indoor storage for equipment and materials. The new Traffic Operations facility does not include office space for other Transportation Service area operations or other service area operations. 19. Items Relating to the Design and Construction of Intersection Improvements and Traffic Signal Reconstruction at Riverside Avenue (State Highway 14) and Mulberry Street Intersection. June 17, 1997 A. Resolution 97-86 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Colorado Department of Transportation for the Allocation of $140,000 of Surface Transportation Program Funds for the Design and Construction of Intersection Improvements and Traffic Signal Reconstruction at the Intersection of Riverside Avenue (State Highway 14) and Mulberry Street. B. First Reading of Ordinance No. 95, 1997, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Appropriations for the Design and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street Intersection. This Resolution authorizes the approval of an Intergovernmental Agreement with the CDOT allocating $140,000 of Federal STM funds and $2,000 local agency non -participating funds for design and construction for intersection improvements and traffic signal reconstruction at the intersection of Riverside Avenue (State Highway 14) and Mulberry Street. The funds will be used for engineering, roadway improvements, material procurement, and reconstruction of the traffic signal. 20. Resolution 97-87 Adopting Amendments to the Financial Management Policies The amendments adopted by this Resolution will become part of the Financial Management Policies of the City. The policies will remain in effect until they are subsequently amended or repealed by Council action. The Council Finance Committee and the full Council have reviewed the amendments to the existing policies. 21. Resolution 97-88 Adopting the Revised Water Treatment Facilities Master Plan The Revised Water Treatment Facilities Master Plan dated May, 1996 ("the Master Plan") will require the Water Utility Enterprise to borrow approximately $35 million to fund the recommended improvements. It is projected that water rates will need to be adjusted approximately 6% per year for the years 1998-2001. 22. Resolution 97-62 Recommending Conditional Approval of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision This is a waiver request by the developer of the Aurora Hills Subdivision to exempt the project from the street improvement requirements of the Intergovernmental Agreement (IGA). The waiver request pertains to the proposed Aurora Hills Subdivision, consisting of 32 dwelling units on 7.5 acres, located west of College Avenue, east of Constellation Drive, south of Skyway Drive, and north of Trilby Road in unincorporated Larimer County. 461 June 17. 1997 Originally Resolution 97-62, which recommended denial of the waiver request, was postponed in April and May of this year so that staff discussions and negotiations with the developer as well as Larimer County could continue. At that time, one of City staff's concerns was that the increased traffic generated by this development would greatly affect the conditions of the roadway and Skyway Drive would be left unimproved. In addition, the $700 per dwelling unit payment (the amount collected by Latimer County at time of building permit if the waiver request were approved) would become part of a pool of funds used for various projects throughout the County, with no guarantee that improvements would be completed to Skyway Drive to offset the impacts of this project. The proposed agreement between the City, Larimer County, and the developer would provide for a per unit payment of $1,562.50 and would ensure that these fees will be dedicated for improvements to Skyway Drive in particular. 23. Routine Deeds and Easements. A. Deed of Easement from Huntington Hills LLC, for the purpose of permanent drainage located east of College Avenue and north of Trilby Road. Monetary consideration: $0. B. Deed of Easement from Huntington Hills LLC, for the purpose of permanent drainage located east of College Avenue and north of Trilby Road. Monetary consideration: $0. C. Deed of Easement from Huntington Hills LLC, for the purpose of permanent drainage located east of College Avenue and north of Trilby Road. Monetary consideration: $0. D. Deed of Easement from Huntington Hills LLC, for the purpose of permanent drainage located east of College Avenue and north of Trilby Road. Monetary consideration: $0. E. Deed of Easement from Susan M. Strawn, to underground existing overhead electric services, located at 1216 West. Olive. Monetary consideration: $10. F. Deed of Easement from Steven and Lera Main, to install streetlight and underground electric services, located at 1028 West Oak. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Productivity7. Second Reading of Ordinance No. 80 1997 Appropriating Prior Year Savings Realized fro Increased . Operating 462 June 17, 1997 8. Second Reading of Ordinance No 81 1997 Appropriating Unanticipated Revenue in the Community Development Block Grant Fund to be Used for an Addition to the Education and Life Training Center. 9. Second Reading of Ordinance No 82. 1997 Appropriating Unanticipated Revenue in the Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Blocks 10. Second Reading of Ordinance No 83 1997 Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation H. Second Reading of Ordinance No 84 1997 Amending Section 24-1 of the City Code to Allow the Placement of Nei-hborhood Recognition Signs on City Streets Sidewalks and Other Areas Owned by the City. 12. Second Reading of Ordinance No 85 1997 Designating the City Park Cannon as a Local Landmark Pursuant to Chapter 14 of the City Code 13. Second Reading of Ordinance No 86 1997 Vacating a Grant of Easement and Right-of- ay. 14. Second Reading of Ordinance No 87 1997 Appropriating Unanticipated Revenue in the Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Purchasing Land Adiacent to Lee Martinez Park 15. Second Reading of Ordinance No. 88, 1997- Appropriating Unanticipated Revenue for th 1997-98 HOW Program, 16. Second Reading of Ordinance No 89 1997 Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Fund Items on First Reading were read by title by City Clerk Wanda Krajicek. 17. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8 1997 Regular Municipal Election, A. First Reading of Ordinance No. 90, 1997, Amending the City Code Exempting the Downtown Development Authority and the Fort Collins Housing Authority from the Conflict of Interest Provisions of the City Charter. 463 June 17, 1997 B. First Reading of Ordinance No. 91, 1997, Amending the City Code Establishing the Deadline for Filing a Nominating Petition for a Recall Election. C. First Reading of Ordinance No. 92, 1997, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City. D. First Reading of Ordinance No. 93, 1997, Amending Section 2-31 of the City Code Pertaining to Executive Sessions of the City of Fort Collins to Conform the Executive Session Purposes to the Provisions of the City Charter, as Amended April 8, 1997. 18. First Reading of Ordinance No 94, 1997 Appropriating Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Preliminary Design of the Traffic Operations Department Relocation 19. First Reading of Ordinance No. 95 1997 Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Appropriations for the Desig and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street Intersection, Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Director of Cultural, Library and Recreational Services Mike Powers introduced new Library Director Brenda Carns. Councilmember Reports Councilmember Mason requested that Water Utility General Manager Mike Smith give a brief report on Item #21, Resolution 97-88 Adopting the Revised Water Treatment Facilities Master Plan, which was adopted on the Consent Agenda. Water Utility General Manager Mike Smith gave a staff presentation on the Water Treatment Facility Master Plan. He stated this Plan modifies existing facilities rather than constructing new ones and spoke of the new raw water pipeline he believed was critical to the Plan. June 17. 1997 Councilmember Mason stated the Finance Committee met and discussed the Financial and Management Polices and reported the Growth Management Committee recently met and discussed the County Land Use Plan ("PLUS"). Councilmember Bertschy stated a meeting was held with the Natural Resources Advisory Board and staff to discuss the prairie dog policy in natural areas. Citizen Participation Due to a change in meeting times a special exception was made to hear additional Citizen Participation. David Lipp, 626 Remington, expressed his frustration with the City's definition of"rubbish" in the Code and stated he believed the City was trying to condemn his property by labeling it "rubbish". Mollie Schlesser, Wellington, Colorado, thanked Council for looking into the prairie dog issue and asked if Council would allow members of the public to participate in the committee being formed. Ali Bahrani, 1608 Collins Court, expressed objections to the three minute time limit and spoke of a recent letter he wrote to the Mayor expressing concerns regarding the alley between Maple Street and Collins Court. He spoke of the reasons for the City denied his request to vacate the alley. Citizen Participation Follow-up City Manager John Fischbach reported Mr. Lipp has been given numerous extensions to clean up his property and stated staff has been very cooperative with him. Councilmember Reports Mayor Pro Tent Smith spoke of a recent meeting he attended with Funding Partners and stated the Metropolitan Planning Organization met to discuss policies to be used in reevaluating the regional plan. Resolution 97-89 Adopting City Council's 1997-99 Policy Agenda, Adopted, The following is staffs memorandum on this item. "Executive .Sunrmary Every two years, the City Council adopts a Policy Agenda which outlines the policy initiatives it wishes to undertake in the hvo year Council term. The proposed Policy Agenda themes have been 465 June 17, 1997 developed through discussions with City Council at the April 19 retreat and the April 29 and May 27 Study Sessions. The 1997-99 Policy Agenda includes six major theme areas which outline the areas in which Council would like to focus its policy work during the coming two years (see Exhibit A attached). The narrative themes are supported by a number of "Outcomes" that City Council would like to have accomplished during the Apo -year policy period. These outcomes are intended to describe the progress which the City will make on the six theme areas in the next two years. They are stated as broad, attainable goals for staff to use in developing its work plans. Staff is in the process of completing its work plan to accomplish these outcomes. The work plan will describe specific projects which staff will either begin or continue in order to fulfill the Council's goals. These projects will he listed in a format which staff can then easily track and provide Council with updates throughout the year. After the Policy Agenda has been adopted by Council, staff will work with the new Communications and Community Involvement Coordinator to devise ways to share these goals with the community. " Councilmember Wanner made a motion, seconded by Councilmember Byrne, to adopt Resolution 97-89 and attached Exhibit "A" including suggested changes in Councilmember Mason's memo and the suggestion to add the following language from Councilmember Kneeland: "The City will develop ways including a new Human Rights Ordinance to make Fort Collins a more inclusive and welcoming communityfor all people. " Councilmember Bertschy thanked staff for all its work on the policy agenda. The vote on Councilmember Warmer's motion as amended was as follows: Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 97-90 Forwarding a Recommendation to the Larimer County Commissioners Regarding the Adoption of the Larimer County Draft Master Plan. Adopted as Amended. The following is staffs memorandum on this item. "Executive Summary The Larimer CountyMaster Plan is a policy document that establishes a long-range framework for decision making for the unincorporated area of the County. It includes criteria for development decisions, decisions oil public services and capital facilities and decisions oil environmental • We .June 17. 1997 resources protection through its Guiding Principles and bnplementing Strategies. The Master Plan applies to all Larimer County land located outside city and town boundaries, except for the Estes Valley which is part of a separate County/Town planning process. The purpose of the resolution is to convey City Council comments and concerns to the County Commissioners. BACKGROUND: The Larimer County Master Plan is a policy document that establishes a long-range framework for decision making for the unincorporated area of the County. The Master Plan contains principles and policies for growth management, land use, public facilities and services, transportation, environmental resources and hazards, and implementation. The Master Plan applies to all Larimer County land located outside city and town boundaries, except for the Estes Valley which is part of a separate Coututy/Town planning process. The Master Plan outlines a Growth Management system with four components: • Consistency: The Land Use Code and other implementation documents will be consistent with the Master Plan. In the past, County plans and regulations have not often been "in sync. " The Master Plan includes strategies to be included in the new Land Use Code to implement Plan Principles. • Concurrency: An Adequate Public Facilities regulation will be developed to ensure that facilities and services are available to new development, without compromising existing service levels and burdening existing residents with the costs of growth. • Cooperation: J tergovernmental Agreements with cities and towns will provide the framework for fudure urban land use. The Plan provides a hierarchy of the City/County planning areas to facilitate a regional approach to planning through agreements with the municipalities of the County. • Compatibility: New development will be compatible with natural systems and existing uses through environmental review and performance standards incorporated into the development review process. The draft document contains many statements which appear to be consistent with City Plan including that new development within the Growth Management Areas (formerly known as Urban Growth Area) will conform to City Plan; the County will establish Cooperative Planning Areas and Community Inj7uence Areas adjacent to Growth Management Areas; new runral development will he clustered; new development will be coordinated to ensure a "level playing field" for development inside and outside the Growth Management Areas, including development impact fees, infrastructure standards and design criteria; and new development will be approved only when adequate public facilities and services are available. 467 .huue 17. 1997 A new Land Use Code will be adopted which uses performance standards, design criteria, required levels of service and similar tools, as well as several incentive -driven alternative development patterns, to produce new development to achieve Plan goals. The new Land Use Code will not change gross densities of development established by the current zoning map. Implementation will also require amending the intergovernmental agreement between the City and County. On June 16, the Council Growth Management Committee will be reviewing the document and will provide comments to the entire City Council. The Planning and Zoning Board will hold a Study Session on the docuument on June 13. Resohition 97-90 is not included in the agenda materials and will be provided in Council's "read before" packet on Tuesday, June 17, after the Growth Management Committee has reviewed it. The City's Transportation Board and Natural Resources Advisory Board are also holding study sessions. Comments from the Natural Resources Advisory Board are included. Transportation Board input will be provided under separate cover. Citystaff is in the process of reviewing the draft document and will send its comments directly to the County staff prior to the July 7 comment deadline. " City Planner Pete Wray gave a brief presentation on this item. Councilmember Wanner spoke of the need to move forward and anticipated the proposed interim Intergovernmental Agreement on the Urban Growth Area would be forthcoming. He congratulated the County for its efforts. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution 97-90. Lou Stitzel, 521 E. Laurel, encouraged intergovernmental cooperative efforts and thanked Council for its work. John Meleski, 2619 Featherstar Way, spoke of concerns regarding standards. Councilmember Mason suggested attaching a memo from City Manager John Fischbach as well as comments from the Natural Resources Advisory Board with the Resolution to Latimer County. The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 10am1:2,VACall Itelatey'160RIO�] Em June 17. 1997 Resolution 97-91 Authorizing an Intergovernmental Agreement Among the City of Fort Collins, Larimer County and the Downtown Development Authority Relating to the Construction and Operation of a New 700-900 Parking Structure to Be Located at the Southeast Corner of LaPorte Avenue and Mason Street. Adopted as Amended. The following is staffs memorandum on this item. "Financial Impact This intergovernmental agreement outlines specifically the financial implications to the City relating to a three-way partnership for the construction and operation of a new 700-900 space parking structure. It is important to note that implementation of this agreement is contingent on the passage of the Larimer County Justice Center ballot measure in November 1997. The City's financial commitment related to this agreement would entail annual payments of $'300, 000 for 20 years. The payments would help fund capital construction and 50% of related net annual operation and maintenance costs with Larimer County. Additionally, in 2006 when the Downtown Development Authority snmsets, the City and County will equally share the DDA annual commitment of S300, 000 through 2016. The City's financial obligations would be subject to amoral appropriations. It is expected that additional tax revenues that the City will receive with the expiration of the DDA will exceed these costs on an annual basis. Executive Summary Over the past five months City staff has been meeting with representatives from Larimer County and the Downtown Development Authority (DDA) to discuss opportunities to construct and operate a new parking structure in the downtown area. The treed for such a parking structure is clearly delineated in both the Civic Center Master Plan and the Downtown Parking Plan. Early in the discussions Citystaff outlined three priority items for city participation in this project. They are as follows: Demonstrate a strong f nancial commitment for the County's Justice Center proposal and ensure consistency with the City's Civic Center Master Plan; Enhance opporninities for fnnrther development of the downtown area and directly support existing businesses with new additional parking capacity; and Support various potential City projects, including, a new office building, farmers' market at the old depot station, and a new mullimodal center connecting the Mason Street corridor. June 17. 1997 This IGA would set the framework for achieving each of these priority items. Parking Structure Details: It is anticipated that the parking structure would not exceed 900 spaces and would cost approximately $9,900,000. The existing LaPorte/America Parking Lot (located at the southeast corner of Mason Street and LaPorte Avenue) was chosen as the preferred site due to anticipated fulure development activity and ifs proximity to downtown businesses. Although it has not yet been designed, the parking structure will have a retail component located ill the grornrd floor. Additionally, the option to locate a fidure transit center at this site may he preserved; however, additional costs have not beery folded into this project. It is expected that these additional costs will be borne solely by the City and related granting agencies. Financing the Parking Structure: See above section entitled Financial Impact. Construction Ownership and Operation andMainlenance: This IGA world clearly outline the relationship among the City, County and the DDA with regard to the construction, ownership and operations and maintenance (O/M) of a new parking structure. It is expected that the City would lease the LaPorte/America lot to a newly created not for profit corporation which would then construct the parking structure. This corporation world then enter into a lease purchase agreement with the parties for the parking structure. When the lease purchase payments have been completed (20 years), ownership of the parking structure will be transferred to the City. It is expected that the City will operate and maintain the parking structure. Additionally, the City will collect fees and charges. Fees and charges will be applied to the O/M costs incurred by the City; however, they are not expected to cover the entire costs related to O/M. As outlined in this IGA, the City and County would agree to share equally the remaining balance of annual OIM costs. The City's share of annual O/M costs is estimated at $126, 000 per year." City Manager John Fischbach gave a brief explanation of this item and on the location of the project. He stated the agreement outlines the City's financial obligation in the three-way partnership with the Downtown Business Association and Larimer County. He noted if the Larimer County ballot issues do not pass, this item would have to be presented to Council for reconsideration. Councilmember Mason spoke of operating and maintenance costs and of potential staffing for the structure. City Manager John Fischbach stated there would not be a formal agreement on the specific number of spaces to be used by the City or County. He responded to Council questions and reported the City would own, operate and maintain the facility. MCI .hme 17. 1997 Councilmember Bertschy made a motion, seconded by Councilmember Kneeland, to adopt Resolution 97-91 with the additional language, which was included in Council's "Read Before the Meeting" folder, to read in the NOW THEREFORE paragraph as follows: "provided, however, that all subsequent agreements to be executed by the City in furtherance of said intergovernmental agreement, as well as the appropriation: of all necessaryfunds for such purpose, shall be subject to review and approval by the City Council. " Lou Stitzel, 521 E. Laurel, supported the motion. Linda Hopkins, Consultant who is currently working with Larimer County on tax issues and development proposals, conveyed the County Commissioners appreciation for Council's efforts. Chip Steiner, Executive Director of the Downtown Development Authority, thanked Council for its work on this issue and spoke of the overall importance this issue is for the central business district as well as the entire City. Rick Goodale, speaking on behalf of the Downtown Development Authority, urged Council to adopt the motion and thanked Council and staff for their cooperation. Councilmember Bertschy spoke of the need for parking in the downtown area, not only for businesses but for employees of those business and stated if the Justice Center issue does not pass, the need for additional parking still exists. Councilmember Wanner concurred with comments made by Councilmember Bertschy and spoke of the need for downtown parking and the possible terminus for the multi -modal corridor. Councilmember Byrne spoke of Council's commitment to the success of the downtown area. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 11i IphE41M[OR E • ' Ordinance No. 83, 1997, Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation. Adopted on Second Reading, The following is staff's memorandum on this item. "Executive Summanx When Ordinance No. 153, 1995 was adopted, it amended Section 5-27(42) of the Code containing certain provisions regarding foundation ventilation. Ordinance No. 83, 1997, which was 471 June 17, 1997 unanimously adopted on First Reading on Jame 3, 1997, does not substantively change the Code but clarifies the scope of the foundation ventilation provisions. " Director of Building and Zoning Felix Lee noted this item was a housekeeping issue and not a change to the Building Code. John Meleski, 2619 Featherstar Way, urged Council to postpone consideration until the Building Review Board has been allowed to review it. Councilmember Kneeland stated the Ordinance is a housekeeping change that was discovered before it was sent to Colorado Code Publishing for codification and emphasized it was only a formatting problem. Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 83, 1997 on Second Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason and Smith. Nays: Councilmember Wanner. Q'17�riL�II[�Ti►[ . • � Items Relating to the Design and Construction of Intersection Improvements and Traffic Signal Reconstruction at Riverside Avenue (State Highway 14) and Mulberry Street Intersection, Adopted. The following is stafr's memorandum on this item. "Financial Impact The estimated total cost of the design and construction of intersection improvements and traffic signal reconstruction at the intersection of Riverside Avenue (State Highway 14) and Mulberry Street is 5142, 000. The total amount of federal finds for the project will be S140, 000 and City finnds for the project will total $2, 000. This item appropriates $140, 000 in Federal Surface Transportation Program ("STW') funds made available by the Colorado Department of Transportations ("CDOT ), and authorizes the transfer of $2, 000 in operation and maintenance dollars in the Transportation Services Fund to provide the local matching finds. .Executive Sumnusry A. Resolution 97-86 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Colorado Department of Transportation for the Allocation of 5140,000 of Surface Transportation Program Funds for the Design and Construction of Intersection Improvements and Traffic Signal Reconstruction at the Intersection of Riverside Avenue (State Highway 14) and Mulberry Street. 472 Jute 17. 1997 B. First Reading of Ordinance No. 95, 1997, Appropriating Unanticipated Revenue in the Transportation Services Fund and Authorizing the Transfer of Appropriations for the Design and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street Intersection. This Resolution authorizes the approval of all Intergovernmental Agreement with the CDOT allocating $140, 000 of Federal STM finds and $2, 000 local agency noln participating fiends for design and construction for intersection improvements and traffic signal reconstruction at the intersection of Riverside Avemre (State Highway 14) and Mulberry Street. The finds will he used for engineering, roaa5vay improvements, material procurement, and reconstruction of the traffic signal. BACKGROUND: In 1996, the Colorado Department of Transportation and the City of Fort Collins reviewed various intersection operations along the State Highway System to determine any hazardous locations. The intersection of Mulberry and Riverside Avenue had twenty-three accidents during 1996 and had all accident rate of 1.58 accidents per million vehicles entering the intersection. A copy of the 1996 accident diagram is attached for Council's review. It was determined that a project could be implemented that may reduce the number of accidents occurring at this intersection. The first action would be to rebuild the traffic signal. Visibility would be improved by placing the signal poles outside the intersection, and replacing the signal heads with standard 12 inch lamps. The second action would involve closing the one curb cud on the southwest corner of the intersection (the Total gas station), and reproving parking along the west side of the northwest corner to improve geometries of the intersection. Through the North Front Range Transportation and Air Quality Planning Council, Federal funds have been obtained to complete this project. " Councilmember Bertschy stated this may be an opportunity to make aesthetic improvements (as a Gateway to the City) at the same time traffic improvements are being made, as well as a time to consider truck traffic and traffic taming possibilities on East Mulberry Street. Mayor Pro Tem Smith spoke of the severe surface condition of Highway 14 and of the need to improve pedestrian access in the area. Traffic Engineer Eric Bracke responded to Council questions and clarified the project is a City project. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, adopt Resolution 97-86. Yeas: Councilmembers Bertschy, Byme, Kneeland, Mason, Smith and Wanner. Nays: None. 473 June 17, 1997 THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 95, 1997 on First Reading. Yeas: Councilmembers Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Wanner reported the Water Utilities Board has formally requested Council change its policy regarding the composition of the Board. The meeting adjourned at 7:55 p.m. ATTEST: Adjournment 474