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HomeMy WebLinkAboutMINUTES-07/16/1996-RegularJuly 16, 1996 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 16, 1996, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Janett, McCluskey and Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Citizen I'arlicipation Gary Peterson, 1805 C eshnore Place, spoke of DARE concerns and spoke of new peer interactive drag education programs being developed to replace DARE. Bob Gifford, 1813 Essex Drive, asked if the speed bumps on west Stuart Street could be removed. Bruce Lockhart, 2500 East Harmony Road, spoke of property rights issues. ' Citizen Participation Follow-up Councilmember Kneeland stated the Health and Safety Committee is constantly looking at drug resistance programs. She responded to Mr. Gifford stating the speed bumps are currently being shaved down. Councilmember Apt stated the speed bumps are a traffic calming measure and commented the Health and Safety Committee would be looking at various drug education programs. Councilmember Smith commented on various peer programs in place in schools in the area. He stated Council constantly receives requests for traffic calming from constituents. Agenda Review City Manager John Fischbach reported Item #22, Resolution 96-88 Making Appointments to the Urban Growth Area Review Board, had been revised and placed in Councils "Read Before the Meeting" folders. 1 420 Ju4,16, 1996 ***CONSENT CALENDAR*** 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 will be considered separately under Agenda Item #16 Public Pulled Consent Items. Second Reading of Ordinance No 93 1226 Amending Section 26 468 of Chapter 26 of the Code Relating to Electric Service for Ueneral Service Tim of Dem tnd Customers. An unintentional omission in the definition of the applicability of the General Service Time - of -Demand rate (Rate GST) has created a distortion in the cost of service tracking of the rate. The addition of a sentence in the tariff appropriately defines the applicability of Rate GST to customers with average monthly demands between 25 and 50 kilowatts as originally intended. This Ordinance was unanimously adopted on First Reading on July 2, 1996. Second Reading of Ordinance No 94 1996, Designating the Phi Della Theta Fraternity House, 200 East Plunt Street as al.cal Landmark Pursuant to hapter 14 of the Code ofthe City of Fort Collins. Ordinance No. 94, 1996 was unanimously adopted on First Reading on July 2, 1996, and ' designates the Phi Delta Theta Fraternity House at 200 East Plum Street as a Local Landmark. The building is significant for its architectural importance, and is an excellent example of Elizabethan architecture. 9. Items Relating to Implementing (fie Capital Improvement Expansion Fees Regarding Affordable Housing. Including the Development Impact Fee Rebate Program for Affordable Housing and the Development Impact Fee Delay Program for Affordable Housing_ A. Second Reading of Ordinance No. 95, 1996, Amending Article VI of Chapter 29 of the Code of the City of Fort Collins by the Addition of a New Section Pertaining to Deferral of Capital Improvement Expansion Fees for Affordable Housing Q. Second Reading of Ordinance No. 96, 1996, Amending the Definitions of Affordable Housing Projects as Contained in Sections 5-357 and 26-631 of the City Code Ordinance No. 95, 1996, which was unanimously adopted on First Reading on July 2, 1996, amends Article VI of Chapter 29 of the Code of the City of Fort Collins provides the means 421 July 16, 1996 ' to add the recently adopted Capital Improvement Expansion fees to the City's Development Impact Fee Delay Programs. Ordinance No. 96, 1996, which was unanimously adopted on July 2, 1996, amends the June 25, 1996 definitions of affordable housing projects as contained in Sections 5-357 and 26- 631 of the City Code provides the means to harmonize the definitions of Affordable Housing Projects and Eligible Units in the City Code with the definitions used in both the rebate and delay programs. 10. First Reading of Ordinance No. 98. 1996, Amending Section 3-76 of the City Code Relating to Alcoholic Beverage License Occupation Tax. On April 23, 1996, Governor Romer signed House Bill 1 168 which creates a new class of alcoholic beverage license referred to as a "brew pub license". A brew pub license will be issued to retail establishments that manufacture not more than 1,860,000 gallons of malt liquor on the premises each year. As a result of this new class of license, Section 3-76 of the City Code needs to be amended to set an annual occupation tax for brew pub licenses. This Ordinance, if adopted, amends Section 3-76 by adding the brew pub license and setting the annual occupation tax at $1,500 per year. This amount in consistent with the amount previously assessed to hotel and restaurant licensees operating licensed breweries. 11. First Reading of Ordinance No. 99, 1996, Amending Chanter 26 of the Code of the City of Fort Collins Relating to Fees for Raw Water Requirements of the Water Utility. The proposed ordinance will increase the cash rate charged developers for satisfaction of raw water requirements from $1,500 to $1,800 per acre foot. The cash rate which is adjusted periodically to reflect the current price of raw water, is also the basis for a surcharge paid by nonresidential customers for water used in excess of their annual allotment. 12. Resolution 96-83 Recommending County Approval of a Waiver of the Public Street Capacity Phasing Criteria of the UGA Agreement for the Terry Shores North PUD. The waiver request pertains to the proposed Terry Shores North PUD (the "Project"), located on the south side of Douglas Road (CR 54), just west of Colorado State Highway 1 (SH 1/Terry Lake Road), and north of Fort Collins in the Urban Growth Area (UGA). The project consists of eighteen (18) single-family homes and twenty-five (25) townhomes on 14.99 acres. The waiver request is subject to the collection of either a fee of $700 per lot, or the developer's proportionate share of the total costs to improve the intersection of CR 54 and SH 1, whichever is greater. The funds will be collected from the developer by Larimer 422 July 16, 1996 County as soon as the costs are finalized so that the intersection improvements can be made ' as soon as possible. The request for a waiver of the public street capacity phasing criteria is justified under the terms of the Intergovernmental Agreement. The Terry Shores North PUD qualifies as an "infill" development.' A major goal of the policies of the Urban Growth Area Agreement is to encourage "infill" development proposals versus proposals in essentially undeveloped portions of the U.G.A. 13. Resolution 96-85 of the Council of the City of Fort Collins Supporting the Joint Application for a Great Outdoors Colorado Legacy Grant for the Cache La Poudre--Big Thompson Rivers Legacy Program. Great Outdoors Colorado (GOCO) has created the Legacy Grant Program to help fund parks, wildlife, trails and open space projects of statewide or regional significance. City staff has been working with other Northern Colorado communities for many months to create the Rivers Legacy Program for possible Legacy Grant funding. This Program, if it is funded, will create an open space system along the floodplains of the Cache La Poudre and Big Thompson rivers that will protect key natural areas, wildlife habitats, and historic, scenic, recreational, and agricultural resources in a mix of public and private ownership; will create a trail system for pedestrian, bicycle, and equestrian access along the river corridors; will open Gateway Park and will provide educational and interpretive centers for research and for ' public education on the natural and cultural history of our region and the two major rivers. 14. Resolution 96-87 Making Appointments to the Storm Drainage Board and the Water Board Vacancies currently exist on the Storm Drainage Board and the Water Board due to the expiration of terms of members of these two boards. The Storm Drainage Board, the Water Board, Council Liaison Chuck Wanner, and staff have discussed combining these boards into one board sometime before the end of this year. In anticipation of that change, this Resolution reappoints incumbents only. Vacancies on the Storm Drainage Board due to the resignation of John Huddleston and the appointment of Jeff Bridges to the Planning and Zoning Board will not be filled in order to help facilitate a reduction in membership when the two boards are merged. 15. Routine Deeds and Easements. A. Deed of Easement from Northern Colorado Land for the purpose of temporary ingress/egress located east of County Road 9 and north of Harmony Road. Monetary consideration $0. 423 July 16, 1996 B. Deed of Easement from Everitt Enterprises Limited Partnership No. 1, Bethesda Foundation of Nebraska, and UMB Bank for the purpose of permanent Right -of -Way located south of Harmony Road and west of Lemay Avenue. Monetary consideration $10. C. Deed of Easement from Innovation Drive LLC for the purpose of permanent drainage located south of Harmony Road and east of Lemay Avenue. Monetary consideration $10. D. Deed of Easement from Anthony J. and Aline A. Kawulok for the purpose of permanent drainage located north of Mulberry Street and West of Lemay Avenue. Monetary consideration $0. E. Deed of Easement from Tom Dougherty Construction Inc. for the purpose of permanent utility located east of Overland Trail Road and south of West Elizabeth Street. Monetary consideration $0. F. Power line Easement from Andrew D. and Mary A. Valdez, 2020 Orchard Place, needed to underground existing overhead electric services. Monetary consideration: $10. ' G. Power line Easement from Craig and Conchetta Robinson, 1813 Broadview, needed to install electric oval vault to underground existing overhead electric system. Monetary consideration: $64. H. Power line Easement from Debra Hughey, 1928 West Elizabeth, needed to underground existing overhead electric services. Monetary consideration: $10. I. Power line Easement from Russell H. and Judith L. Hopkins, 1828 Orchard Place, needed to install electric oval vault to underground existing overhead electric system. Monetary consideration: $64. J. Power line Easement from Thomas and Sarah Salt, 1921 McAllister, needed to install oval vault to underground existing overhead electric system. Monetary consideration: $64. K. Power line Easement from Alexander and Lois Pender, 2016 Orchard Place, needed to install electric oval vault to underground existing overhead electric system. Monetary consideration: $64. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 424 July 16, 1996 Second Reading of Ordinance No 93 1996 Amending Section 26-468 of Chapter 26 of the ' Code Relating to Electric Service for General Service Time -of -Demand Customers, 8. Second Reading of Ordinance No. 94, 1996, Designating the Phi Delta Theta Fraternity House, 200 East Plum Street. as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 9. Items Relating to Implementing the Capital Improvement Expansion Fees Regarding Affordable Housing. Including the Development Impact Fee Rebate Program for Affordable Housing and the Development Impact Fee Delay Program for Affordable Housing, A. Second Reading of Ordinance No. 95, 1996, Amending Article VI of Chapter 29 of the Code of the City of Fort Collins by the Addition of a New Section Pertaining to Deferral of Capital Improvement Expansion Fees for Affordable Housing B. Second Reading of Ordinance No. 96, 1996, Amending the Definitions of Affordable Housing Projects as Contained in Sections 5-357 and 26-631 of the City Code 211. Second Reading of Ordinance No 97, 1996, of the Council of the City of Fort Collins ' Amending_ Certain Sections of the City Code to Revise Certain Criteria Pertainingto o the Design. Construction. and Maintenance of Streets. Sidewalks. Alleys. and Pedestrian and Bicycle Paths Within the City and Amending the Related Design Criteria and Amending Section 10.204 of the Uniform Fire Code. Items on First Reading were read by title by City Clerk Wanda Krajicek. 10. First Reading of Ordinance No 98, 1996, Amending Section 3-76 of the City Code Relating to Alcoholic Beverage License Occupation Tax, 11. First Reading of Ordinance No. 99. 1996. Amending Chapter 26 of the Code of the City of Fort Collins Relating to Fees for Raw Water Requirements of the Water Utility. Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. 425 July 16, 1996 I Staff Reports City Manager John Fischbach spoke of the number of people who have called to complain about road construction and gave a brief construction project update. He spoke of the definitions for speed bumps and speed tables and confirmed that the speed tables on Stuart Street had been cut down. Councilmember Reports Councilmember McCluskey spoke of a recent Finance Committee meeting where issues regarding financial and environment impact models and revenue retention issues were discussed. He reported he and Councilmember Smith held a neighborhood picnic located at Fire Station #10 to engage the neighborhood about important City-wide issues. Councilmember Smith thanked staff for its efforts in assisting with the neighborhood picnic. Councilmember Apt stated he recently attended an Metropolitan Planning Organization meeting and spoke of various topics that were discussed. Councihnember Wanner stated the Growth Management Committee recently met and discussed CSU's impact on community housing. ' Councilmember Janett pointed out two important issues that were adopted on the Consent Agenda Items #9, Items Relating to Implementing the Capital Improvement Expansion Fees Regarding Affordable Housing, Including the Development Impact Fee Rebate Program forAffordable Housing and the Development Impact Fee Delay Program for Affordable Housing, and #13, Resolution 96-85 of the Council of the City of Fort Collins Supporting the Joint Application for a Great Outdoors Colorado Legacy Grantfor the Cache La Poudre--Big Thompson Rivers Legacy Program. Mayor Azari stated she had placed an item on the agenda regarding nominating City Clerk Wanda Krajicek as Clerk of the Year and reported she would be bringing the item up under the Other Business portion of the meeting. Resolution 96-84 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements, Adopted. The following is staff's memorandum on this item. "Executive Summaa ' 426 July 16, 1996 The following disbursements from funds in the City's Cultural Development and Programming Account were recommended by the Cultural Resources Board at its regular meeting of June 26, 1996. AMOUNT AMOUNT ORGANIZATtoN--, "_" EVENT "` REQUESTED".' RECOMMENDED Baroque Music 5th Concert Season $ 5,000 $ 1,500 Academy Sept. 1996 - May 1997 Bas Bleu Theatre Summer/Fall Season $ 2,300 $ 1,200 Jim 28-Dec. 31, 1996 Boys & Girls Club Mural Project $ 5,000 $ 2,600 Mid -July - Aug. 18, 1996 Canyon Concert Ballet "Invitation to the Dance" $ 1,800 $ 1,500 Sept. 20 & 21, 1996 Crossroads Safehouse Golf Tournament $ 2,000 $ 1,200 Sept. 8, 1996 Dance Connection Dance Performance $ 1,922 $ 1,500 Performance Network Oct. 4, 5, I1 & 12, 1996 Debut Theatre Children's Theatre $ 700 $ 700 Company Production - Oct. 18-20, 25 & 26, 1996 Disability Connection 2nd Annual McDonald's $ 4,000 $ 1,200 Tennis Classic Discovery Center Science Series $ 4,800 $ 3,000 Museum Fall 1996 - Spring 1997 Downtown Business New West Fest $ 3,500 $ 1,000 Association August 16-18, 1996 Foothills Symphonic Concert Season $ 4,000 $ 1,500 Bawl Sept. 29, 1996 - May 4, 1997 Fort Collins Area Arts Cultural Planning Workshops $ 5,000 $ 500 Council Sept. 1996 - July 1997 427 J July 16, 1996 AMOUNT AMOUNT ORGANIZATION EVENT. REQUESTED _RECOMMENDED Fort Collins Children's Fall Production $ 5,000 $ 1,800 Theatre "Peter Pan" Nov. 21 - 24, 1996 Fort Collins Children's Peanut Butter & Jam Review $ 500 $ 500 Theatre July 18 - 20, 1996 Fort Collins Museum Exhibitions $ 1,150 $ 750 Sept. 24, 1996-Jan. 11, 1996 Fort Collins Symphony Beethoven in Blue Jeans $ 3,800 $ 1,000 Jan. 11, 1997 FortNet Internet Festival $ 3,500 $ 1,200 Feb. 1, 1997 Friends of Traditional Dance Events $ 3,000 $ 2,200 Dance July 1, 1996 -May 31, 1997 Front Range Chamber 1996 - 1997 Season $ 2,000 $ 750 Oct. 13, 1996-April20, 1996 Front Range Cultural First Night Fort Collins 1997 $ 5,000 $ 3,000 Exchange Dec.31, 1996 Girl Scouts Golf Tournament $ 3,500 $ 750 August 23, 1996 High Performance Reflections from the Tube $ 1,765 $ 1,200 Dance Theatre Sept. 28 & 29, 1996 Hospice Breakfast in the Park $ 3,000 $ 2,300 August 24, 1996 InterFraternity Council 1996 Homecoming $ 4,428 $ 1,300 Oct. 19. 1996 KCSU-FM Summer Sounds Around $ 2,012 $ 1,000 Town June 19 - July 24, 1996 Kids of Today & Kids of Today & Tomorrow $ 700 $ 500 Tomorrow October 6, 1996 ME July 16, 1996 AMOUNT `AMOUNT ORGAtVIZATION+. EVENT REQUESTED _ RECOMMENDED Larimer Chorale Brahms' German Requiem $ 1,500 $ 1,250 May 11, 1997 Lutheran Family Resolution Run $ 2,000 $ 750 Services Dec. 31, 1996 Native American CSU Pow -wow $ 4,000 $ 1,750 Student Association Oct. 5 & 6, 1996 N. Colorado Youth Blades of Steel Hockey $ 4,000 $ 1,200 Hockey Tournament Jan. 10 - 13, 1997 One West Art Center Exhibitions $4,200 $1,000 Sept. 26, 1996 - Feb 1997 OpenStage Theatre Arts Sampler Series $ 5,000 $ 1,500 Aug. 31, 1996-June 28, 1997 Opera Fort Collins "Don Giovanni" $ 3,000 $ 1,500 Aug. 1, 3 & 4, 1996 Poudre Landmarks Historic Homes Tour $ 5,000 $ 750 Foundation Sept. 12 & 14, 1996 Poudre River Trust Poudre River Fest $ 5,000 $ 1,200 Sept. 14, 1996 Public Radio for the Gorilla Radio Shows $ 1,000 $ 700 Front Range Public Radio for the Musicfest '97 $ 4,000 $ 2,300 Front Range Feb. 27 - Mar. 2, 1997 Rainbow Chorus Winter Gala 111 $ 2,500 $ 1,200 Dec. 7, 1996 TEAM Ft. Collins New Year's Eve Countdown $ 5,000 $ 1,500 Dec. 31, 1996 United Day Care Up With People Concert $ 5,000 $ 2,000 Center Sep. 7 & 8, 1996 429 E Judy 16, 1996 AMOUNT AMOUNT ORGANIZATION EVENT._ - REQUESTED RECOMMENDED VIPs "The Power of Volunteer $ 3,800 $ 1,200 Partnerships " Oct. 12-13, 1996 $ 55,450 $134,377 CSU Sports Science Sports Camp $ 4,700 $ 0 (This event was not July 8 -Aug. 9, 1996 considered for funding because it is not open to the general public) SOAP Troupe/Senior Christmas Perf. $ 335 $ 0 Center Dec. 5, 1996 (This event was not considered for funding because the amount requested was below the minimum amount required) Councihnembers Janett and Wanner withdrew from discussion on this item due to a perceived conflict of interest. Director of Cultural Services Dave Siever gave a brief presentation on this item. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 96-84. Karen Weitkunant, Budget Host Hotel Inn owner, expressed concerns regarding the use of lodging tax funds. She spoke of the decrease in lodging tax revenue in the last few years. Jennifer Bicard, Vice -Chair of the Cultural Resources Board, spoke of the criteria followed for awarding lodging tax funds. Councilmember McCluskey concurred with comments made by Ms. Bicard stating it was important to acknowledge where funds come from. ERN July 16, 1996 The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, ' Azari, Kneeland, Smith and Wanner. Nays: None. (Councilmembers Janett and Wanner withdrawn) THE MOTION CARRIED. Resolution 96-86 Adopting the Civic Center Master Plan as an Amendment to the Downtown Plan Which is an Element of the Comprehensive Plan. Adopted. The following is staff's memorandum on this item. "Financial Impact No appropriation is needed to adopt the Civic Center Plan. Implementation of the plan will require future City of Fort Collins sponsored capital improvements, development and private -public projects. Executive Summary The Civic Center Master Plan is a framework for strategic actions that reinforce the role of downtown Fort Collins as the primary government, office, finance, specialty and neighborhood ' retail, cultural and entertainment center far the community. The Civic Center Master Plan is also an effort by Fort Collins public leaders, City planners, business owners, and residents to create a vision for a twelve block district bounded by Cherry Street on the north, College Avenue oil the east, Oak Street on the south and Meldrunt Street on the west. The plan is intended to guide development of the twelve block Civic Center area as a human scale, walkable, mixed -use district, anchored by civic spaces and buildings, providing transportation choices and connections to the surrounding environment. The plan consists of four parts: THE VISION defines the primary values for the Civic Center District that will guide public and private decisions about development over time. THE FRAMEWORK is the skeleton around which development will evolve and is a structure to link the various elements into a cohesive district. THE PROGRAM defines the uses which are proposed to be located in the Civic Center District in a form that reinforces the physical framework. THE IMPLEMENTATION outlines an approach for realizing the vision for the Civic Center District. It outlines a number of steps to be taken by the City to implement the plan. 431 F July 16, 1996 I BACKGROUND: The primary objectives of the plan, established in Resolution 95-71, were to work closely with Larimer County and the private sector to accomplish the following: (])joint planning for local government facilities, (2) development of a plan that brings mixes of uses together with pedestrian and alternative transportation connections, (3) encourage participation by the private sector, and (4) develop recommendations for zoning, infrastructure improvements, financing, marketing and phasing necessary to implement the plan. PROCESS A City Council appointed citizen appointed advisory committee and a project team comprised of City staff, County staff, and DDA members worked closely with Ballofet & Associates and Calthorpe Associates. Two public design workshops were held: November 30, 1995 and February 28, 1996. The draft plan was presented to more than twenty different boards, commissions, community groups and to property owners in the plan area. On May 20, 1996, the Planning & Zoning Board approved a motion recommending City Council adoption of the Civic Center Master Plan including strong design guidelines. City Council reviewed the draft plan at a study session on May 28, 1996. Since the study session, the plan was modified to include a framework plan and to underscore that the program defines uses proposed to be located in the Civic Center District. At their last meeting in June, the Civic Center Master Plan Advisory Committee recommended City Council approve the master plait including the type and quality of buildings proposed for each location. On July 10, 1996, the Larimer County Board of County Commissioners approved a Resolution recommending City Council adoption of the Civic Center Master Plain. THE DOWNTOWN PLAN The Downtown Plan contains policy themes and strategic actions. The Civic Center Master Plan is congruent with many major policy themes and strategies, including the following: LAND USE - Cluster basic land use activities in distinct and compact districts located to promote the movement of pedestrians between areas to efficiently use public services and facilities. GOVERNMENT - Maintain the Downtown as the focus for government administration and service functions. IMAGE, IDENTITY AND URBAN FORM - Provide a strong and appropriate character, unique identity and pleasing urban form for Downtown and its component districts. PEDESTRIAN ENVIRONMENT - Strengthen the pedestrian environment Downtown. 432 July 16, 1996 TRAFFIC CIRCULATION - Provide a traffic circulation system that facilitates movement ' into, out of; in, and around the Downtown in such a manner that it meets the needs of both the Downtown and community and helps make the Downtown an attractive place to live, recreate, work, shop, and conduct business. ON -STREET PARKING - Provide convenient, affordable, economical and accessible parking to meet diversified downtown parking demands. STRATEGIC ACTIONS included in the Downtown Plan: - establish a mixed use zoning district study a future government center on Block 31 and explore opportunities for a public and private partnership in the development of Block 31 - study the feasibility of a new cultural/performing arts center in Downtown - provide public financial incentives for construction of new housing - upgrade landscaping, street and pedestrian facilities at the intersection of College Avenue and LaPorte Avenue - add landscaping to the median of Mountain Avenue between College and Mason improve pedestrian crossings by providing neck downs at all intersections develop through block pedestrian connections provide a major transportation center in Downtown" Councilmember McCloskey withdrew from discussion on this item due to a perceived conflict of ' interest. Facility Services Director Debra Passariello thanked everyone involved with development of the Plan. She spoke briefly of Council's previous direction and showed slides highlighting the proposed Civic Center. She explained how the Plan would be implemented, clarifying Council would make the final decision regarding location. Mary Ann Martell, representing the Civic Center Master Plan Advisory Committee, urged adoption of Resolution 96-86. Councilmember Janett questioned how the building would compliment existing historic buildings in the neighborhood. Bern Hermann, representing Ballofet & Associates, responded to Council questions and spoke of guidelines that would be in place to achieve compatibility with existing structures. City Attorney Steve Roy stated any site specific proposals would need to be made through implementation ordinances, noting the Charter requires any act regulating the use of any real property be done by ordinance. 433 ' July 16, 1996 Councilmember Smith expressed concerns about requirements that were addressed in the Plan, i.e. a performing arts center within the 12 block area. He asked if recently constructed and/or reconstructed City buildings would be abandoned. Passariello stated the Plan does not include relocating employees of the utilities, streets, or the majority of employees at the Transfort location. She clarified the Plan is only a beginning. Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution 96-86. Al Stone, representing the Library Board, expressed concerns regarding the overcrowding of the library and urged Council to make a commitment to build a new main library. He urged Council to adopt the Plan. Jeff Bridges, 725 Mathews, spoke of concerns regarding the protection of historic resources in the district. Jack Steele, Library Board Member, spoke of the necessity for having."anchors" or "special attractions" in the area. He supported a new library, performing arts center, and/or movie theaters as an anchor and urged adoption of the Plan. ' Deni LaRue, Larimer County Courthouse Expansion Project Coordinator, spoke of the Commissioners' commitment to incorporate issues of pedestrian access, mixed uses, into the County's Plans for a Justice Center. Bruce Lockhart, 2500 East Harmony Road, opposed the motion stating the cost is far more than taxpayers want to pay for. He believed it was the City's philosophy to be spread out so that people could work and shop close to their homes. Passariello spoke of the similarities between the Civic Center Plan and the Downtown Plan and clarified if there is a conflict between the two Plans, the Civic Center Plan would take precedence. She stated it is essential to have multiple uses so that people will want to visit the area. City Manager John Fischbach responded to Council questions and emphasized that this was a plan document and Council has control over it through funding decisions and regulatory ordinances. Councilmember Smith offered a friendly amendment to the previous motion deleting Section 2 of Resolution 96-86. Councilmember Wanner seconded the motion. After further discussion Councilmember Wanner withdrew his second to the motion. THE MOTION FAILED DUE TO LACK OF SECOND. 434 July 16, 1996 Councilmember Kneeland spoke in support of the Plan. Councilmember Smith stated he did not support the motion, commenting he believed a lot of the Plan was good, however, some areas were to vague and questioned how the Plan would work in conjunction with other plans. Councilmember Janett offered a friendly amendment to the previous motion to amend Page 13 of the Plan to read as follows: "The proposed land use program for the Civic Center district illustrates the kind of uses that may be consistent with the vision and the framework of the District. All uses will be subject to approval of the necessary funding and application of the City's land use regulations. Factors considered in identifying these uses include projected needs for civic buildings based upon anticipated growth in City and County employees...." and amending the Recommendation on Page 28 to read as follows: "Adoption of this plan should be followed up with policy work to eliminate the existing conventional zoning designations in the Civic Center District and establish a mixed -use zoning district based on this plan. Any such regulatory ordinances should include design guidelines that will promote the compatibility of new , development with existing historic structures within or near the District." Councilmember Kneeland, as seconder to the original motion, accepted the amendment as a friendly amendment. Councilmember Wanner spoke in support of the motion stating the committee who worked on the Plan is highly supportive of the Plan. He spoke of the people who made up the committee stating there was a broad spectrum of citizens with a wide variety of interests. Councilmember Janett expressed her enthusiasm for the Plan and spoke of the economic possibilities for downtown. Mayor Azari spoke of the need for encouraging growth in the northern sector of the City and stated she supported the Plan. She spoke of cost concerns raised stating the Plan would encourage private investment. The vote on Councilmember Janett's motion as amended was as follows: Yeas: Councilmembers Azari, Apt, Kneeland, Janett, McCluskey and Wanner. Nays: Councilmember Smith. THE MOTION CARRIED. 435 July 16, 1996 Ordinance No. 97,1996 of the Council of the City of Fort Collins Amending Certain Sections of the City Code, and Revising Certain Related Design Criteria, Pertaining to the Design, Construction, and Maintenance of City Streets, Alleys, and Pedestrian/Bicycle Paths Within the City. Adopted on Second Reading_ The following is staff's memorandum on this item. "Executive Summary On July 2, 1996, Council adopted, on a 4-1 vote, Ordinance No. 97, 1996, on First Reading, and requested that additional information be presented to answer several questions raised by the Mayor and Council at the time of Second Reading. Additional information was requested for the following: 1) cost of medians and street lighting for arterial streets; 2) responsibility for the extra costs of arterial streets; 3) possibility of revising street lighting standards; 4) comparison of costs for a street with attached sidewalks versus a street with detached sidewalks including construction, land and maintenance costs; and 5) impact of limiting fence heights in alleys. ' Attached for additional reference are all of the agenda materials from First Reading. BACKGROUND: The following is a more detailed listing of the infornation requested and questions along with the information and answers to those questions: (1) Cost of medians and street lighting for arterial streets. The median and street lighting costs as presented in the First Reading Agenda Item Summary, page 7, are the correct estimated costs: - The additional capital cost to add a continuous median in an arterial street for one mile is $115,000. - The maintenance costs are projected to be $5,500 per year per mile of street. - The additional street lighting costs per mile for the arterials with medians, including trees, is $65,000. This level of lighting complies with current City standards. About $135,000 more per [rile would be the cost to upgrade lighting to a more decorative standard that Light 436 July 16, 1996 and Power is installing this year on the Drake Road widening project. This may be , recommended far future lighting standards. (2) Responsibilityfor the additional costs for features added to arterial streets. Both the revised Major Arterial and Arterial street standards require additional costs amounting to 7.3 % and 8.9% respectively (shown in Attachment 5 of the First Reading agenda materials.) The majority of these costs, if not all, may have to be paid by the City, or may be added to the Street Oversizing Fee formula. An actual amount per year has not been determined. To balance out the increased costs for the Major Arterial and Arterial streets, it is proposed that a Minor Arterial category be adopted as a standard. The Minor Arterial would replace certain Arterial streets as designated on the Master Street Plan with a cost 25% less than the Arterial. The use of the Minor Arterial streets at a lower cost will help balance the increased costs for the Major Arterial and Arterial. A detailed analysis of these costs more specific to actual streets will be done with the proposed changes for Street Oversizing. Additional costs for these standards will not be required for some time because the majority of streets currently being built will not be constructed with medians. Major Arterials are presently constructed with four travel lanes with plans to widen the streets to six travel lanes when needed. Only when both sides of an Arterial are built at the same time, or when the street expands to six travel lanes, will ' medians be constructed. Actual savings or Bost increases can be estimated more accurately after approval of the Master Street Plan. It can then be determined how many miles of Arterial Streets will change to Minor Arterial Streets. Increased and decreased maintenance costs for the City with the proposed arterials are shown on Attachment A. For the Major Arterial the median costs increase with the wider median and pavement increased with the addition of bike lanes. On the Arterial the additional cost is for continuous tnnedian, decreased by the reduced amount of pavement and increased by projected maintenance cost for increased street lighting. Costs j'or the Minor Arterial are reduced from the Arterial with having no medians and reduced pavement width. (3) Possibility to revise street lighting standards Council commented that the street lighting on College Avenue seemed excessive. It was suggested that the street lighting standards should be changed. Advanced Planning staff agrees that it is appropriate to add the issue of street lighting standards to the City Plan process. It is a large issue that needs more time for investigation. The lighting on College Avenue is the only street lighting that meets national street lighting standards. Other streets have lighting levels that provide up to 60% less lighting than recommended by national standards. The reduced lighting levels leave dark areas along streets and, therefore, provide , 437 July 16, 1996 iintermittent light and dark, which by national standards is considered less safe than no lighting at all. Only recently, national lighting standards started being revised to reduce light pollution and require dimmer but more extensive lighting. Other elements to review are the increased energy and maintenance costs. All of these issuer will be researched before a proposal to change street lighting standards is presented to Council. (4) Comparison of costs for a street with attached sidewalks versus a street with detached sidewalks including construction, land and maintenance costs. Councilmember Wanner prepared the following written question to explain his requested additional information: "What is the increase or decrease in the costs of a sample single family unit of affordable housing because of the change in the number of units per acre of new land that results from the use of an attached 4.5' sidewalk in conjunction with the new 30' standard? Plus the increase or the decrease in the construction costs per unit and the maintenance costs per year?" Staff compared the two options. The results show an estimated savings of $425 to $625 per affordable housing lot by using an attached sidewalk instead of a detached sidewalk. Attachment B presents the cost savings for initial construction and land costs for reduced right of way needed. It was assumed that an affordable housing lot had 50 feet of frontage on the street and 4500 square feet in lot size. With attached sidewalk, the right of way width for the street was reduced by 11 feet in total width resulting in 5.5 feet less right oj'way required per lot. Attachment C shows the lot and street layout for each option The construction cost savings oj'$425 per lot are primarily realized front elimination of a landscaped parkway. The land cost savings is more difficult to define and, therefore, was shown as a range of $0 to $200. For the example used, the actual land gained per lot by attaching the sidewalk would be 275 square feet. Looking at this savings theoretically on a 100 acre development, with the detached sidewalk, 754 units could fit on the site. With all attached sidewalk 792 units would fit (See Attachment D). However, design professionals believe this theoretical calculation does not usually work. If all streets in a subdivision ran parallel in a grid layout with lots on both sides, it would take over 3,500 feet, or approximately 16 blocks, to gain enough land area to put in an extra street with one row of houses on one side of the street. It would take over 6000 feet in order to squeeze in an extra street with houses on both sides of the street. Therefore, it is unrealistic to think that by narrowing only the street right of way that a developer can create more units directly proportional to the savings. The only situation where more lots can realistically be gained is if they were just short of enough space for an additional row of houses. The additional 11 feet per street might then be helpful. The extra land is more likely to be used to create open space or added to the lot size. The $200 savings for land indicated in Attachment B was calculated from a recent land purchase by the City -- Bridgefield PUD. im July 16, 1996 Attachment E presents maintenance cost increases and decreases for the new 30 foot street , for both detached and attached sidewalks compared the existing 36 foot wide standard. It shows that the savings for the narrower street is $5 per lot per year. The additional cost for the City to maintain trees in the parkways is $5 per lot per year (one tree per lot). The additional cost for the City to maintain trees in the parkways is $5 per lot per year (one tree per lot). This cost is projected to be $20,000 per year for the first ten years. Tree maintenance costs would increase somewhat after 10 years to account for tree growth. (5) Impact of limiting fence heights in alleys to provide a more neighborhood feeling and safe environment. Fences are shown in the alley standards only for the purpose of ensuring that clearances for visibility are adequate. Staff discussed whether to limit heights with the street standards and decided it was more appropriate to establish overall fence standards in the City Plat process. However, a height limitation could be added to the Street Standards. Since the City has no fence permit process for fences 6' and under at this time, enforcement of a fence height limitation would depend primarily on complaint calls. The present 6' height limitation with out a building permit is applicable in existing alleys in the City today, and City staff is not aware of any problems. " Development Review Manager Mike Herzig gave the staff presentation on this item and outlined construction and maintenance costs. ' Councilmember Wanner thanked Mr. Herzig for highlighting the costs and spoke of the increased costs associated with low income housing. He stated he supported the standards and the need to consider what the City is buying and what it is paying for. Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 97, 1996 on Second Reading. Herzig spoke of landscaping height limitations adjacent to sidewalk areas parallel to streets. City Forester Tim Buchanan spoke of the types of vegetation that would be limited as well as what could be used. He stated shrubs would not be used because of height and spreading. Chris Emerick, 124 Lyons Street, expressed objections to height requirements in parkways and recommended 3 foot height limitation rather than the proposed 18 inches. Jeff Bridges, 725 Mathews, stated planting in the public parkways raises public safety concerns and issues. 439 July 16, 1996 John Meleski, 2619 Featherstar Way, supported plantings in medians along the streets and stated he did not believe it would present a public safety issue. He supported allowing developers to decide what type of plantings are needed. Councilmember Kneeland supported the idea of detached sidewalks stating she believed it was not public safety issue as much as it aligns with the Visual Preference Survey. She supported narrower streets and increasing sidewalk width. She stated she did not support the Plan because stating it goes too far. Councilmember Apt supported the motion, stating he liked the idea of less asphalt and concrete and more greenery. Councilmember McCluskey concurred with previous comments. He spoke of the cost of narrower streets in relation to affordable housing and expressed concerns that costs for aesthetics would be passed on. He stated he did not support the motion because costs were too high. Councilmember Janett supported the motion and thanked staff for its efforts. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Apt, Janett, Smith and Wanner. Nays: Councilmembers Kneeland and McCluskey. I THE MOTION CARRIED. Resolution 96-88 Making Appointments to the Urban Growth Area Review Board, Postponed to .Iuly 23. The following is staff's memorandum on this item. "Executive Summary The Intergovernmental Agreement between the Larimer County Commissioners and the Fort Collins City Council established a Fort Collins Urban Growth Area Review Board to act as the single recommending body to the Commissioners concerning development applications for properties located within the unincorporated portions of the UGA that are ineligible for voluntary annexation into the city. The Board consists of two members appointed by the City Council, two members appointed by the County Commissioners, and three members appointed by mutual agreement of the Council and the Commissioners, who shall be residents of the Urban Growth Area (the area between the city limits and the Urban Growth Area boundary). There are currently four vacancies on the UGA Review Board requiring Council action. The three seats jointly appointed by the Council and the Commissioners vacant due to the expiration of ' 440 July 16, 1996 terms of Donald Crews and Ralph Waldo and the resignation of Karen Harder. On May 28, 1996, the Comity Commissioners voted to reappoint Donald Crews and Ralph Waldo for one additional year to serve as members appointed ,jointly by the Council and the Commissioners. These appointments require similar action by the Council before becoming final. In addition, the term of Brian Zick, a Council appointee, has also expired. Since Council first considered this item at its July 16 meeting, staff has determined that Donald Crews and Ralph Waldo do not meet the criteria for joint appointment by the City and County. Therefore, it is expected that the Commissioners will rescind their action on May 28 and reconsider appointments at their Judy 24 meeting. Councilmember Janett, as liaison to the UGA Review Board, and Commissioner Janet Duvall interviewed applicants for the UGA Review Board in June and July. The individuals being recommended for joint appointment and City appointment will be provided by Councilmember Janett prior to consideration of the appointment Resolution. "" Councilmember Wanner withdrew from discussion on this item due to a perceived conflict of interest. City Clerk Wanda Krajicek gave a brief presentation on this item and explained the "make-up" of the Board. She stated one of the requirements for the Board is that the applicant live within the UGA boundaries and the applicant who was recommended did not. I Councilmember Janett stated names were changed on the Resolution due to the above mentioned reason. Councilmember Janett spoke of the functions of the Board and of length of terms. She clarified Larimer County Commissioner Janet Duvall supports the recommendation. After further discussion it was determined this item should be postponed to July 23, 1996. OTHER BUSINESS Resolution 96-82 Of the Council of the City of Fort Collins Nominating City Clerk Wanda Krajicek for the 1996 Clerk of the Year Award From the Colorado Municipal Clerk's Association, Adopted, Councilmember Smith made a motion, seconded by Councilmember Janett, to adopt Resolution 96- 82. 441 July 16, 1996 I, City Attorney Steve Roy read Resolution 96-82 into the record. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Apt, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland expressed concerns regarding poorly maintained medians. She reported she has noticed several City vehicles not following speed limits and praised the company handling the traffic situation on Drake Road during the construction. Councilmember Janett requested a 2 page memo addressing the City's matching contribution to the Legacy Grant and questioned where the appropriation could come from. She requested a memo addressing the cost of new housing and list of fees that have been added since 1993. Councilmember Apt spoke of the need for the Poudre R-I Liaison Committee to look at similar options to the DARE Program. Mayor Azari spoke of information recently received regarding north College Avenue improvements, noting improvements would depend on adoption of the Capital Improvements Program. ' ADJOURNMENT Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adjourned to July 23, 1996 at 6:30 p.m. to continue discussion and consider Item #22, Resolution 96-88 Making Appointments to the Urban Growth Area Review Board. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Azari, Apt, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:30 p.m. ATTEST: City Clerk 1 442