Loading...
HomeMy WebLinkAboutMINUTES-07/01/1997-RegularJuly 1, 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, July 1, 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: Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None. Councilmember's Absent: Mason. Staff Members Present: Fischbach, Roy, Krajicek. Agenda Review Bruce Hendee, 2830 Mercy Court, requested Item 920, Resolution 97-95 Maknig Appointnients to Various Boards and Commissions, be withdrawn from the Consent Agenda. CONSENT CALENDAR The Consent Calendar consists of Item Numbers 7 through 24. 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 will be considered separately under Agenda Item 929, Pulled Consent Items. Follow-up Legislation Resulting From Adoption of Charter Amendments at the 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. Second 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 475 July 1, 1997 interest provisions by Council ordinance. This Ordinance, which was unanimously adopted on First Reading on June 17, 1997, exempts the Downtown Development Authority and the Housing Authority from the provisions of Article IV, Section 9 of the Charter. B. Second 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, which was unanimously adopted on First Reading on June 17, 1997, sets the deadline at 30 days prior to the date of the recall election. C. Second 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, which was unanimously adopted on First Reading on June 17, 1997, allows for biennial (two- year) budgeting. D. Second 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. Ordinance No. 93, 1997, was unanimously adopted on First Reading on June 17, 1997, and conforms the Code provisions to those changes adopted by Charter Amendment No. 7. 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 we July 1, 1997 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. Ordinance No. 94, 1997, which was unanimously adopted on First Reading on June 17, 1997, appropriates $250,000 from the Transportation Reserve Fund and pay for preliminary design for the new facility and the relocation of the sand/salt facility. 9. Second Reading of Ordinance No. 95 1997- Appropriating Unanticipated Revenue in th Transportation and Authorizing .Appropriationsfor the Design Intersection,and Construction of Intersection Improvements at the Riverside Avenue and Mulberry Street 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 an accident rate of 1.58 accidents per million vehicles entering the intersection. Ordinance No. 95, 1997, which was unanimously adopted on First Reading on June 17, 1997, appropriates the funds needed for the construction of intersection improvements at the Riverside Avenue and Mulberry Street intersection. 10. First Reading of Ordinance No. 96. 1997, Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates, In 1973, 1975 and 1984 respectively, the City of Fort Collins established property tax, utility, and sales tax rebate programs for low-income elderly and disabled residents of the city. The intended purpose was to provide some financial relief to those members of the population who may have difficulty paying routine bills and to help make the cost of food and housing more affordable to vulnerable residents. The gross income eligibility guidelines for both programs have not been increased since the inception of the rebate programs and the number of eligible participants has dropped since 1994. To provide consistency among City programs, staff proposes using the area median gross income limits used by the City's HOME Program. An increase in the gross income limits will result in an increase in rebate payments of about 18%. 477 July I, 1997 The property tax and utility rebate programs use a different measure of income eligibility than the sales tax rebate program. To provide consistency in all programs, the income guidelines should be the same. 11. First Reading of Ordinance No. 97. 1997. Amending Chapter 26 of the City Code to Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers i Furtherance of .• Article X, Section 20 of the State Constitution provides the ability to create enterprises. The City of Fort Collins acted to established its electric, water, waste water, and storm water utilities as enterprises subsequent to the passage of Article X. Legal interpretations of the section suggest that the City amend the Code to clarify the powers of the enterprises. Prior to issuing bonds for the water and waste water utilities, corresponding sections of the Code have been modified. Now, as the Storm Water Utility is contemplating issues of revenue bonds, staff is recommending the appropriate changes to the Code relating to Storm Water management. In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The goal of this two-year program is to support the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. During 1996, the City of Fort Collins received $4,502,1 14 in use tax receipts from companies within the Standard Industrial Code classification for manufacturers. This constitutes 75% of all use tax paid by local businesses in 1996. 13. First Reading of Ordinance No 99, 1997, Appropriating Unanticipated Revenue in the Amount of $1.250 for the Fort Collins Police Services, Youth Crimes Team Summer Pr 'ec s This Ordinance appropriates unanticipated revenue in the amount of $1,250 for the Fort Collins Police Services, Youth Crimes Team Summer Projects. Fort Collins Police Services, Youth Crimes Team has been awarded a grant by the Fort Collins Community foundation to help fund two summer programs. The first is designed to positively affect at -risk youth in the community. At -risk youth will be identified by members of the Youth Crimes Team and personal contact will be made with the child and his/her parents. Together they will develop a plan to best help the child. As part of the plan, the officer will take the child to athletic events, swimming, golfing, hiking, M July 1, 1997 etc., in an attempt to spend as much quality time with the child as possible. During this time the officer will work with the child to set goals and work on individual problems. The object is to establish a positive police role model for the child and to help them make worthwhile changes in their lives. The second is a gang tattoo removal project. Dr. Diane Duncan, a local Plastic Surgeon, will donate her time to remove gang tattoos from area youth at no cost to the patient. A Denver company will donate a laser needed for the process but requires the patient to pay for the laser tip. The cost is $150 per session as the tip is not reusable. Most gang members who want tattoos removed are not able to afford the $150 fee and part of the grant will be used to offset this expense. 14. First Reading of Ordinance No. 100. 1997, Appropriating Unanticipated Revenue in the General Fund for the Radon Program, This Ordinance appropriates $24,949 in unanticipated revenue in the General Fund for the Radon Program. The funds come from grant monies from the Colorado Department of Public Health and Environment (CDPHE) Radiation Control Division and from revenue received from the sale of radon test kits. The funds will be used to continue the radon education, testing, and mitigation programs and to expand a radon potential mapping study of the Fort Collins Urban Growth Area (UGA). , 15. Items Relating to the Burlington Northern/McClelland Drive Enclave Annexation A. Resolution 97-92 Setting Forth Findings of Fact and Determinations Regarding Burlington Northern/McClelland Drive Annexation. B. Hearing and First Reading of Ordinance No. 101, 1997, Annexing Property Known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Burlington Northern/McClelland Drive. This is an involuntary annexation and zoning of an enclave of approximately 0.5 acre of railroad right-of-way, located south of Drake Road, between McClelland Drive and Redwing Road. The recommended zoning is C - Commercial. APPLICANT: City of Fort Collins OWNER: Burlington Northern Railroad 479 July I, 1997 16. Items Relating to the Link-N-Greens 4th Enclave Annexation and Zoning - A. Resolution 97-93 Setting Forth Findings of Fact and Determinations Regarding Link- N-Greens Annexation. B. Hearing and First Reading of Ordinance No. 103, 1997, Annexing Property Known as the Link-N-Greens Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 104, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Link-N-Greens Annexation to the City of Fort Collins, Colorado. This is an annexation and zoning of an enclave of approximately 2 acres of the Cache La Poudre River and adjacent bike trail, located between Riverside and Lemay Avenue. The recommended zoning is C-C-R, Community Commercial - Poudre River District. APPLICANT: City of Fort Collins OWNER: Dorothy A. Whisler c/o Link-N-Greens Corporation 777 East Lincoln Avenue Fort Collins, CO 80524 A. Resolution 97-94 Setting Forth Findings of Fact and Determinations Regarding West Drake Road 2nd Annexation. B. Hearing and First Reading of Ordinance No. 105, 1997, Annexing Property Known . as the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. C. Hearing First Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. This is an annexation and zoning of an enclave area of approximately 2.3 acres in size, located on the south side of West Drake Road, between Taft Hill Road and Overland Trail. The site consists of one parcel which contains a single family residence. The recommended zoning is R-L, Low Density Residential. EMI July 1, 1997 APPLICANT: City of Fort Collins OWNER: Richard W. and Colleen Hoffman 1804 Wallenberg Drive Fort Collins, CO 80526 18. First Reading of Ordinance No 107 1997 Approving the Terms of the Lease Agreement for Municipal Court at 123 North College Avenue. Suites K. L and M In order to have this leased space become tax exempt, it is necessary to have the Council approve the terms of the lease by Ordinance. The City received notice from the County that because of the anticipated use by the State court system, the Municipal Court can no longer remain in the County Courthouse. As a result, staff has negotiated for space at the Opera Galleria (123 North College). As part of the negotiations, the Landlord has provided $92,000 to be applied to tenant finish. The new Municipal Court will have 5,125 square feet in comparison to the 2,770 square feet at the Courthouse. The gross rental for this facility is $5,125 per month, including taxes, utilities and fire insurance. This amount will be lowered after approval of this Ordinance, since the Municipal Court space will be removed from the tax rolls. The amount will be determined by the Latimer County Assessor's Office. The City's other responsibilities as Tenant will be for routine janitorial, maintenance, and personal property insurance. The Municipal Court staff will move to its new location when the alterations are completed and that will be the effective date of the Lease Agreement. The original term will run for one year from completion, with the option for four (4) successive one (1) year renewals. The gross rent will increase 2.5% per year. 19. First Reading of Ordinance No. 108, 1997. Authorizing the Sale of Real Property Known as the WTP House located at Water Treatment Plant 42 4316 LaPorte Avenue to A -One Housemoving. The City no longer has need for the house located at Water Treatment Plant #2. A request for bids was sent to all housemovers and other interested parties. Based on the responses received, staff is recommending the sale to A -One Housemoving. Vacancies currently exist on various boards and commissions due to resignations of board members and the expiration of terms of members of boards and commissions. Applications were solicited during March and April. Council received copies of the applications and Council teams interviewed applicants during May and June. 481 Judy /, 1997 This Resolution makes 55 appointments to 23 boards and commissions. Names of those individuals recommended for appointment by each Council interview team have been inserted in the Resolution. Currently readvertising efforts are underway for the following boards and commissions which did not receive enough applications to fill the current vacancies: Commission on Disability Commission on Status of Women Downtown Development Authority Applications are due in the Clerk's Office on July 16. Interviews will be scheduled after July 16 with appointments tentatively scheduled for August 5. F_ 1. Resolution 97-96 Authorizing the City Manager to Submit to the U.S. Department o Housing and Urban Development the 1997 Fort Collins Action Plan for the 1995-99 Consolidated The City of Fort Collins 1997 Action Plan was drafted as a requirement of the U.S. Department of Housing and Urban Development (HUD) for those communities participating in Federal grant programs administered by HUD. The 1995-99 Consolidated Plan, approved by Council on July 18, 1995, identified and set priorities in the community for those persons requiring housing assistance, human services and non -housing community development needs over the next five years. The one-year Action Plan identifies the projects which will carry out those priorities during the 1997-98 program year. 22. Resolution 97-97 Authorizing the City of Fort Collins to Join the Cities,for Climate Protection Campaign. This Resolution authorizes participation in an important intergovernmental partnership that will strengthen Fort Collins' ability to improve air quality. The 1996 Fort Collins Air Quality Action Plan includes a strategy to participate in the "Cities for Climate Protection Campaign". 23. Routine Easement. A. Deed of Easement from Laura Brewer, Jack Keith, Kenneth Duane, and Almeada Neergaard, to underground existing overhead electric services, located at 1726 West Mountain. Monetary consideration: $10. EM July 1, 1997 Items on Second Reading were read by title by City Clerk Wanda Krajicek. Follow -Lip Legislation Resulting From Adoption of Charter Amendments at the April 8. 1997. Regular Municipal Election, A. Second 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. B. Second Reading of Ordinance No. 91, 1997, Amending the City Code Establishing the Deadline for Filing a Nominating Petition for a Recall Election. C. Second Reading of Ordinance No. 92, 1997, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City. D. Second 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. Second 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 Second 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. Items on First Reading were read by title by City Clerk Wanda Krajicek. 10. First Reading of Ordinance No 96. 1997 Amending Chapter 25 of the City Code Regarding Tax and Utility Rebates. 11. First Reading of Ordinance No 97, 1997. Amending Chapter 26 of the City Code to Authorize the Stormwater Utility Enterprise to Have and Exercise Certain Powers in Furtherance of its Purposes. - . � � •_ • r� � � , - ► • 'I:?�L'I! : � � � � • '[�:TtI1R�I1Fta , EM July 1, 1997 13. First Reading of Ordinance No. 99 1997Appropriating Unantici1, • Revenue 1 the Amount of 1 for the Fort CollinsPolice Services, Youth Crimes Team Summer •• �RMR= MW • - i • • - l�u 1 , - A. Hearing and First Reading of Ordinance No. 101, 1997, Annexing Property Known as the Burlington Northern/McClelland Drive Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 102, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Burlington Northern/McClelland Drive. 16. Items Relating to the Link-N-Greens 4th Enclave Annexation and Zoning A. Hearing and First Reading of Ordinance No. 103, 1997, Annexing Property Known as the Link-N-Greens Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 104, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Link-N-Greens Annexation to the City of Fort Collins, Colorado. �IFSMRM- A. Hearing and First Reading of Ordinance No. 105, 1997, Annexing Property Known as the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. B. Hearing First Reading of Ordinance No. 106, 1997, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the West Drake Road 2nd Annexation to the City of Fort Collins, Colorado. HE Judy 1, 1997 19. First Reading of Ordinance No. 108, 1997 Authorizing the Sale of Real Property Known as the WTP House. located at Water Treatment Plant 42. 4316 LaPorte Avenue to A -One Housemoving. • , 4 A. Hearing and First Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the K-2 Annexation to the City of Fort Collins, Colorado. 28. First Reading of Ordinance No. 112. 1997. Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations, Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager John Fischbach introduced Public Information Officer Kelly DiMartino and welcomed her to the City. Councilmember Reports Councilmember Byrne reported on a recent Poudre R-1 Liaison Committee meeting stating a "joint" site for a gymnasium facility had been discussed. Councilmember Kneeland stated the Health and Safety Committee met and reviewed the Human Rights Ordinance and set a target date to present the ordinance to Council. She stated the Committee has decided to form a citizen committee to advise the Health and Safety Committee on possible provisions to be included in the ordinance. She stated they discussed a rubbish ordinance and stated the Chief of Police spoke to them regarding the Police Review Board and its implementation. 10 July 1, 1997 Councilmember Bertschy reported on the Colorado Municipal League Conference he recently attended. Mayor Azari reported she accepted an award from the American Public Power Association, on behalf of the City, for its Wind Program. She spoke of the U.S. Conference of Mayors and Colorado Municipal League Conferences she recently attended. Consideration of the Appeal of the April 28, 1997, Determination of the Planning and Zoning Board to Approve the First National Bank Plaza (Formerly Drake Crossing Shopping Center PUD), Bank Drive -up Facility, Decision of the Planning and Zoning Board Upheld, The following is stafFs memorandum on this item. ".E_recutive Summnrg On April 28, 1996, the Planning and Zoning Board approved the First National Bank Plaza (formerly Drake Crossing Shopping Center PUD), Batik Drive -Up Facilily for a banking facility containing 3 drive -up lanes, I ATM access lane, and a 424 square foot building to he occupied by 3-4 employees of the bank. The property is zoned NC - Neighborhood Commercial (as of the effective dale of March 28, 1997 for the ne)v Land Use Code). It ivas previously in the BP - Planned Business Zoning District. The site is located at the soutlnvesl corner of the existing First National Bank Plaza shopping center (being the northeast corner of West Drake Road and Hampshire Road). On May 12, 1997, a Notice of Appeal was received fiy the City Clerk's office regarding the decision of the Pkmning and Zoning Board. lit the Notice of Appeal from the Appellants Charles Ackersorr, el. al. (numbering 60), it is alleged that: The Planning and Zoning Board ignored or failed to interpret and adhere to guidelines, policies, and certain specific criteria in the City's Land Development Guidance System (LDGS); the documents that provided the foundation for this system (e.g. Goals and Objectives, Land Use Policies Plan); the portions of the neiv City Plan that were adopted prior to this development proposal and are elements of the City comprehensive plan (e.g. Vision and Goals 2015, the City Structure Plan, and the Principles and Policies); and Design Standards and Guidelines for All Commercial Development that ivas updated in 1195. This document was to provide standards and serve as interim requirements for retail and commercial development in Fort Collins mntil the neiv City Plan ivas implemented. CEO .h71y 1, 1997 IT The Planning and Zoning Board considered evidence relevat7t to its findings ivhich was suhstanlially false and misleading." III. The Applicant failed to submit the 17ecessary revised site plan and revised traffic study to the City Planning Department by the deadline of April 9th, which 1vas two days prior to the Planning Department s f7nal review. These documents were not submitted until April 10, at the earliest, and were not given to the parties -in -interest (appellants) until April 18, despite repealed requests by the appellants to the transportation staff. The procedures for deciding the appeals are described in Chapter 2, Article II, Division 3 of the City Code." Councilmember Byrne withdrew from discussion on this item due to a perceived conflict of interest. City Attorney Steve Roy briefly outlined the appeal process, clarifying the definition of parties -in - interest and spoke of the appellants allegations. City Planner Steve Olt gave the staff presentation on this item and showed slides of the proposed location for the project. Traffic Engineer Fred Jones responded to Council questions regarding the traffic study and how trip generation numbers are calculated. Appellant Charles Ackerson, 2354 Hampslure Court, expressed concerns regarding pedestrian access to the shopping center and of the already heavy volume of traffic on Drake Road. He did not believe this was an appropriate use for the site, stating the current banking facility was adequate. He stated the proposed drive -up facility would bring additional traffic into the shopping center. He stated this would be a major, non -signalized, access point which would create significant traffic problems and would make the neighborhood shopping center pedestrian and bicycle unfriendly. He believed this proposed project violates the neighborhood compatibility criteria in the Land Development Guidance System. • rr Mark Driscoll, President of First National Bank, reported on the chronological order of the process and stated this branch facility is intended to be a neighborhood banking facility, not a regional facility. He believed the development was a better use of land and stated the traffic study shows vehicle miles throughout the City would be greatly reduced with the addition of the drive -up facility. 487 July 1, 1997 He commented on the City's desire for mixed -use development and presented slides showing the pedestrian walk -ways and of the berming, lighting, and landscaping. Lucia Liley, attorney for the Applicant, stated the ITE Standard for drive -up banks, gives a total traffic volume for both peak and non -peak hours on a daily basis for the walk-up facility and the drive -up facility. She refuted the statement regarding false and misleading information, stating there was absolutely no change in numbers between the two traffic studies. She spoke of pedestrian and bicycle safety, reporting the majority of information was provided by staff. She stated the project complies with traffic flow delay policies and collector capacity standards of the LDGS and urged Council to uphold the decision of the Planning and Zoning Board. Appellant Rebuttal Mr. Ackerson stated although the landscaping is nice and vehicle miles travelled would be reduced, he opposed the location. He stated it would impede pedestrian and bicycle traffic and that it is not necessary because there is a walk-up facility already available. He spoke of the numerous developments being constructed in the area and the impact they already have on the volume of traffic. He stated if the facility could be relocated to the middle of the shopping Center or if traffic could be directed to a different entrance/exit he might not object to it. Lucia Liley, attorney for the applicant, stated she did not oppose Mr. Meleski speaking even though he was not a party -in -interest. John Meleski, 2619 Featherstar Way, past President of the Hampshire Homeowner's Association, opposed the project. Sur Rebuttal Ms. Liley spoke of the amount of outreach and research that was done before presenting the project to the Planning and Zoning Board. She stated this project exceeded the City's locational point chart by 15%. She urged Council to review the data, which was provided by the appellants, and verifies that less than 1 % of additional traffic would occur on Drake Road. She spoke of the purpose of a collector street and clarified there is no such thing as a "residential collector street". She stated the Planning and Zoning Board discussed the reduction of vehicle miles travelled annually and of the numerous improvements made by the applicant. She stated the site was appropriate and is supported by the policies of the City. Mark Driscoll stated the primary goal is to provide fast and efficient service and move the vehicles in and out of the drive -up lanes as quickly as possible. MM Judy 1, 1997 Olt responded to Council questions regarding pedestrian access. He outlined what is currently in place and what is being proposed. Transportation Planner Kathleen Reavis responded to Council questions and stated the City has a responsibility to improve pedestrian access in and around numerous shopping centers throughout the community. Councilmember Smith questioned if the amount of vehicle miles travelled was reduced because of the already existing primary office or as a result of the drive -through facility, or both. Greg Kreiger, Kimley Horn and Associates, stated the reduced number of vehicle miles travelled was specific to the drive -up location, not the primary office location. Ron Dorenza, a Fort Collins resident, spoke of pedestrian and handicap accessible access issues. Councilmember Smith made a motion, seconded by Councilmember Wanner, that the Planning and Zoning Board held a fair hearing. Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Smith, that the Planning and Zoning Board did hold a fair hearing with regards to the evidence in the late filing. Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None. rra�•ryrr���cl.� 7:7i�.7 Councilmember Kneeland made a motion, seconded by Councilmember Smith, to uphold the decision of the Planning and Zoning Board. Olt responded to Council questions and stated adoption of the Plan would not create a "neck -down' on Hampshire Road. Councilmember Wanner supported the motion stating it meets the criteria of the LDGS. Councilmember Bertschy supported the motion and spoke of concerns regarding pedestrian and bicycle access. a Judy 1, 1997 The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the K-2 Enclave Annexation and Zoning. Adopted. The following is staff memorandum on this item. "Executive sunrmarX A. Resolution 97-99 Setting Forth Findings of Fact and Determinations Regarding K-2 Annexation. B. Hearing and First Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. C. Hearing and Firsl Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Pia poses the Property Inchrded in the K-2 Annexation to the City of Fort Collins, Colorado. This is an annexation and zoning of an enclave area of approximately 29.7 acres in size, located east ofl-25, 114 mile north of Vine Drive mad south of the Larimer and Weld Canal. The site includes a wholesale distribution business, boat and RV storage and agricultural feed sales on three separate parcels of land. The reconnuendecizoning is 1, Industrial. APPLICANT.• City of Fort Collins OWNERS: David Ball HUB Enterprises P.O. Box 2307 Fort Collins, CO 80522-2307 Frank A. Just 1050 Greenfield Court Fort Collins, CO 80524 A. L. Gilbert Company P. O. Box 38 Oakdale, CA 95361 all July 1, 1997 BACKGROUND: The s urrounding zoning and land uses are as follows: N.• 1, Industrial; single family residence and outbuildings E: 1, Industrial; vacant S: 1, Industrial; vacant W. LMN, Low Density Mixed Use Neighborhood (across 1-25); vacant The K-2 property is approximately 29.7 acres in size and is located east of I-25, 114 mile north of Vine Drive and south of the Larimer and Weld Canal. It is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will agree to consider for annexation property in the UGA when the property is eligible for annexation according to State lmv. Enclave areas become eligible for annexation when they have been completely surrounded, for at least three years, by properties that are within the City limits. The area to be annexed has beers an enclave for at least three years and is therefore, eligible for annexation. The area became completely surrounded through the following amnexalions: N: Buckeye Farms, Inc. and Harold D. Einarsen Annexation - October 18, 1988 E: Buckeye Farms, Inc. and Harold D. Einarsen Annexation - October 18, 1988 S: Front Range Farms II Annexation - Januay 19, 1988 W: Allen, Lind, Moore Annexation - Febrnuay 21, 1984 This area became eligible for involuntary annexation into the City on October 18, 1991. In 1992, an enclave annexation of the area was proposed by City staff. The Planning and Zoning Board recommended approval of the annexation and zoning into the 1-L, Limited Industrial District with a PUD condition. The City Council declined to annex the property at that time due to concerns raised by the property owners about property taxes, sales taxes and storm drainage fees. Upon annexation, property faxes are adjusted by adding the City's mill leiy and removing the Poudre Fire Authority's mill levy. Purchases made by businesses within the annexation would have to include Citysales tax. Business expansions would rewire payment of the City use lax and storm drainage fees would he assessed for the property, based on the amount of impervious area and existing land uses. There are several issues related to enclave annexation areas that warrant the City considering their annexation. First is the desirability to consolidate the provision of public safety services. While fire service is provided by Poudre Fire Authority in both the enclave areas and the City, police services are not. The second issue is the ability to avoid confusion among the property owners, surrounding 491 July 1, 1997 property owners and the City or County. Probahly the higgest issue here again relates to the provision ofpublic safety services. People often don't realize that they are actually located in the County when they are surrounded by City property. The third issue pertains to the likelihood of development occurring under County regulations instead of the City's. The intergovernmental agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. In the case of the K-2 annexation, continued industrial development could occur within the County through the issuance of building permits for uses permitted within the County's Industrial zoning district. The site includes a wholesale distribution business, two buildings heing used far boat and RV storage, and agricultural feed sales on three separate parcels. Parcel one is owned by Matrix Investment Corporation, who uses the existing building for office and warehouse space for a wholesale dislribnitioru business. Parcel two is owned by Frank A. Just and contains the hoat and RV storage use. Parcel three is owned by the A. L. Gilbert Company and the building oil this parcel is occupied by Fort Collins Feed. 77ue annexation will not create any non -conforming uses nor will there he any non -conforming signs. This annexation will not increase the total numher of off -premise signs that currently exist in the City. This property is currently zoned I, Industrial (along frontage road) and FA-1, Farming (remainder of the area) m Larimer County. The proposed zoning for this annexation is the 1, Industrial Zoning District. The Industrial District is intended to provide a location for a variety of work processes and workplaces such as manufacturing, warehousing and distrihuting, indoor and outdoor storage and a wide range of commercial and industrial operations. The surrounding area is zoned I, Industrial to the north, east and south and LMN, Low DensityMixed Use Neighhorhood to the west across I- 25. The Irndiistrial District designation is consistent with the City Structure Plan and is compatihle with the existing uses and surrounding zoning. Alan Krcmarik, the City's Financial Officer has prepared a discussion paper outlining general financial issues that will impact properties annexed into the City (attached). This memorandum identifies the primaty differences in taxation, permitting requirements and licensing hetween the City of Fort Collins and Larimer County. In addition, Dennis Sumner, from Light and Power, has prepared a memorandum addressing conversion of electrical power in annexation areas from Public Service Company to Light and Power (also attached - please note that this memorandum includes information specific to the Bredero Price property which IS NOT PART OF this annexation). ,.M Judy 1, 1997 FINDINGS OF FACT/CONCLUSION.• The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTHAREA. 2. The area meets all criteria inchuded in State law to qualify for annexation by the City of Fort Collins. 3. The requested I, hudustrial Zoning District is in conformance with the City Structure Plan. RECOMMENDATION: Staff recommends approval of the K-2 Annexation and I, Industrial7.oning. PLANNING AND ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting on May 20, 1997, the Planning and Zoning Board voted 4-0 to recommend denial of the proposed annexation and zoning. The recomnnendationn for denial ivas based on the location of the property on the fringe of the City limits and urban growth area cis well as a perceived lack of development pressure that would result in new development occurring on these properties. " Director of Current Planning Bob Blanchard showed slides of the location and gave a brief presentation on the item. He spoke of public safety issues and believed that developments occuring within City limits should met the City's development criteria. Finance Director Alan Krcmarik spoke of financial impacts that would be assessed to the -annexed properties. Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adopt Resolution 97-99. Steve Woodward, General Manager of Fort Collins Feed, opposed the motion and spoke of the financial burden this would have on his business. Clint Oberg, owner of Colorado Customs RV and Marine, opposed the motion, stating lie would become the only recreational dealer in the area to pay City sales tax and stated it would dramatically affect his business. 493 July 1, 1997 Frank Just, 1050 Greenfield Court, urged Council to not annex the property and stated this property was located far away from the City's infrastructure. Councilmember Bertschy offered an amendment to his previous motion that Section 6 shall read as follows: "That the Council concludes that the area proposed to be annexed in the K-2 Annexation is eligible for annexation to the City." Councilmember Wanner seconded the motion. City Attorney Steve Roy clarified the amendment means the land is eligible for annexation. Mayor Azari spoke of the importance of upholding the City's agreement with Larimer County and supported the motion. The vote on Councilmember Bertschy's motion to adopt Resolution 97-99 as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 110, 1997 on First Reading. Councilmember Kneeland opposed the motion and spoke of the various ways the property could be developed to City standards if significant development were to occur in the future. Councilmember Wanner spoke of the need for contiguity and express the need to comply with the conditions of the Urban Growth Area Agreement with the County. The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari, Bertschy; Byrne, Smith and Wanner. Nays: Councilmember Kneeland. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 111, 1997 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None. [YC[�i•(�711I(il�Hl_`iii��7 494 Judy 1, 1997 Ordinance No. 112, 1997, Appropriating Unanticipated Revenue in the General Fund for the Use of Camera Radar and Red -Light Cameras to Enforce Traffic Violations. Adopted The following is staffs memorandum on this item. "Financial Impact In using camera radar and red-light cameras ("traffic cameras') during the upcoming year, the City estimates that it will receive approximately $943, 680 in unanticipated revenue. This would be offset by contract payments totaling $703, 752 to American Traffic Systems (ATS) for equipment provided and services rendered. The remaining balance of unanticipated revenue of $239, 928 will be used ,to pay for any additional costs Municipal Court, Police Services, Traffic Engineering and the City Attorney', Office may incur in the fidare related to the use of traffic cameras or other programs intended to address the City's current traffic problems. $xecutive.Sunn n= For the past year, Police Services has been operating camera radar in an attempt to reduce speeding on the city's roachvays. The red-light cameras are expected to begin operation as soon as the revised violation notice (to comply with Senate Bill 36) has been completed. The results of the traffic camera program have been promising. Since the programs inception, motorists' compliance rates to the posted speed limits have more than douhled front 18% to 40% in 30 mph zones, the ratio of tickets issued to vehicles monitored has declined from approximately 8% to 3%, community members have observed and commented on less threatening traffic behaviors. Additionally, when comparing January through May 1996 to the same period in 1997, the number of traffic crashes and it jury accidents has decreased by approximately 7%. It appears camera radar is having a positive effect in reducing the number and severity of both traffic and injury accidents. These are impressive results which contribute to safer streets for everyone. After the City began operating camera radar, the State Legislature passed Senate Bill 36 ("SB-36') which Governor Romer signed into lrnv on June 5, 1997. SB-36 imposes several limitations (noted later in the text) on the use of traffic cameras. Staff recommends that the traffic camera program continue operating and comply, for now, with the requirements of SB-36. This approach allows the City time to monitor the operational statistics of the program to determine its effectiveness under the new conditions of SB-36. If speed limit compliance rates drop, the number of traffic crashes and injury accidents increase, or the City's program revenue and cost projections are not realized, the City will need to reexamine the program at which time staff may recommend Council consider either Judy 1, 1997 asserting home-nle authority on certain provisions of SR-36 or possibly eliminate the use of traffic cameras. This Ordinance appropriates the fronds necessary to continue operation of the traffic cameras in Fort Collins for the next year. BACKGROUND: The safety of Fort Collins' streets and community members is of great concern to many. Speeding and the violation: of traffic 1mvs clearly jeopardizes the safety of community members. Young people are often unable to accurately judge the speed of vehicles. The elderly are not able to move quickly across the street. Motorists frequently incorrectly gauge the speed of on -coming vehicles which is a contribnlingfactor to automobile crashes. All in all, when motorists speed, someone's quality of life is compromised. Speeding is one of the primary complaints the City receives from citizens. To address the continuing problem, the City's Police Services has tried .several approaches to achieve a reduction in the number and severity of automobile crashes. These approaches include the more traditional enforcement method of issuing mare tickets and providing education through the use of the SMART trailer, to the more creative approaches of rising the "lawn chair" radar officer. Additionally, the Traffic Engineering Department has also been trying other traffic calming techniques to help reduce the problem. Unfortunately, the results have not been encouraging. The behavior of the motoring public did not change and the citizens demanded the City do something to slow down the traffic. Consequently after much research and community input, the City Council, on May 21, 1996, approved the use of traffic cameras to help control excess speeding and reduce the number of red- light violations. The Problem: Since 1990, over 4,000 citizens have been h jured in the more than 30, 000 reported traffic crashes in Fort Collins and 28 individuals have lost their lives in these traffic crashes. Last year over 4,800 traffic crashes were reported in Fort Collins. Traffic crashes don't just happen, they are caused Vehicle speeds are a major contributing factor to crashes and their severity. The Goal of TraC ric Cameras: The goal of traffic cameras is simply to reduce the number and severity of traffic crashes and reduce the total number of injury accidents. 496 July 1, 1997 In order to accomplish the above -mentioned goal, a comprehensive program utilizing several tools has been necessary. The components include: • utilization of traffic cameras to reduce excessive speeding and red-light violations, • continued use of the SMART trailer, partnering with Traffic Engineering for the use of traffic -calming tools, such as: evaluation of posted speed limits; traffic signal progression timings; posting progression speeds for motorists' awareness; using design features, such as traffic humps and traffic circles when appropriate, to calm traffic; and sharing data to identify problem areas and potential solutions. • educating citizens on the problem and requesting their help in solving the problem. Results of Traffic Cameras: Camera radar has been operating and issuing speeding violation notices and citations since August 1, 1996 While the program is stillyoung, it appears to be having a positive effect oil reducing the level ofspeeding in the community. Since the program's inception, nnolorists' compliance rates to the posted speed limits have more than doubled, the ratio of tickets issued to vehicles monitored has declined, and community members have observed and commented on less threatening traffic behaviors. Additionally, when comparing January through May 1996 to the same period in 1997, the numbers of traffic crashes has decreased by 6.9% and the number of in jury accidents has been reduced by 7%. It appears camera radar is having a positive effect in reducing the number and severity of both traffic and in jury accidents. Impacts of .Senate Bill 36: On Thursday, Jame 5, Govert7or Romer signed into law SB-36 which places restrictions oil the use of traffic cameras in Colorado. SB-36 imposes several limitations on the use of traffic cameras including: • Points ca717ot be imposed by the Colorado Department of Motor Vehicles for traffic violations detected using traffic cameras; • The State's o7rtstanding juudgennenntAvarrant system ("O.IW') cannot be used for traffic violations that have been detected by traffic cameras; • Municipalities cannot contract 017 a per citation basis with the service provider, but rather must base the compensation rate 017 tine value of equipment and services provided; a The maximum penalty assessed, including any surcharge, for a violation detected by traffic cameras is limited to $40; 497 July 1, 1997 • A warning Hurst be issued for the first camera radar speeding violation detected if that violation is less that 10 miles per hour over the speed limit; and • Traffic camera citations must be served on the violator no later than 90 days after the violation occurred. After discussion of the implications of SB-36 and the options available to the City, staff has recommended that the City continue to operate camera radar complying, for now, with the requirements of SB-36 and proceed with the operation of the red-light cameras at the intersection of College and Drake in compliance with SB-36. This approach allows the City time to monitor the operational statistics of the program to determine its effectiveness under the new conditions of SB- 36. If speed limit compliance rates drop, the number of traffic crashes and in jury accidents increase, or the City's program revenue and cost projections are not realized, the City will need to reexamine the program and staff may recommend Council consider either asserting home -rule authority oil certain provisions of SB-36 or possibly eliminating the use of traffic cameras. Continuing to operate traffic cameras and complying with SB-36 requires that revisions be made to the City's contract wilh American Traffic Systems (`ATS') pertaining to the compensation paid to ATS for the equipment it provides and the services it renders to the City. Staff is presently working with ATS oil these contract revisions and is confident acceptable accommodations call be made. On Monday, June 16, City representatives met with Colorado Municipal League staff and with representatives from other Colorado municipalities who are presently operating either traffic cameras or considering using the technology. The purpose of the meeting was to discuss how each community is planning to proceed in light of SB-36. The other communities in attendance had not consulted with their respective City Councils and were unclear on how they plan to proceed. A follow-up meeting was scheduled for early July. Financial Impacts: As a result of the changes in SB-36, Police Services projects operating 2 speed camera radar units averaging 5 hours per day, 24 days per month. In addition, 2 red-light cameras will operate at the intersection of College and Drake 24-hours per day. Under these operating parameters, the program is projected to generate revenue totaling $943,680. This will be offset by contract payments totaling $703, 752 to ATS. The remaining balance of reveiiue ivill be used to pay for any additional cost Municipal Court, Police Services, Traffic Engineering and the City Altorney's Office may incur related to the use of traffic cameras or other programs intended to address the City's current traffic problems. " Executive Staff Project Manager Rita Davis spoke of the decline in the number of tickets issued and commented on feedback she has received from citizens regarding less threatening traffic behaviors. E m7 July !, 1997 She spoke of effects Senate Bill 36 would have on the Camera Radar Program and stated the City has the option of asserting Home Rule authority or eliminating traffic cameras and hiring more officers. Councilmember Smith made a motion, seconded by Councilmember Byrne, to adopt Ordinance No. 112, 1997 on First Reading. Mike Landen, 2617 Treemont Drive, opposed camera radar and supported hiring additional officers to deal with traffic violations. He questioned why vehicles containing the camera radar equipment were allowed to park on sidewalks when it is clearly a violation of the Code. Al Baccili, 520 Galaxy Court, opposed the motion and spoke in support of hiring more officers. Davis spoke of the current number of hours a day the camera radar vehicle is in place and reported on the possibility of adding an additional vehicle in the future. City Manager John Fischbach clarified the Chief of Police would make the determination to increase the amount of time the camera radar is running. Councilmember Bertschy expressed concerns regarding terms of the contract, and use of the generated revenue, emphasizing the need to more accurately define where the allocations go. The vote on Councilmember Smith's motion to adopt Ordinance No. 112, 1997 on First Reading. Yeas: Councilmembers Azari, Byrne, Smith and Wanner. Nays: Councilmembers Bertschy and Kneeland. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adjourn into Executive Session to consult with the City Attorney regarding specific legal questions involving potential litigation. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland and Wanner. Nays: Councilmember Smith. THE MOTION CARRIED. At the conclusion of the Executive Session the meeting reconvened at 10:40 p.m. July 1, 1997 Adjournment Councilmember Smith made a motion, seconded by Councilmember Wanner, to adjourn the meeting to July 8 at 6:00 p.m. to conduct the mid -year evaluations of the City Attorney, City Manager and Municipal Judge. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:42 p.m ATTEST: City Clerk I a 500