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CITY COUNCIL AGENDAJUNE 11, 2019 – 6:00 P.M.116 SOUTH MAIN STREETAll Times Listed are Estimates. At the Discretion of the Mayor and CouncilTimes May be Adjusted.1)Call to Order2)Pledge of Allegiance3)Roll Call4) (A) Presentations State of the Chamber presentation (Tom Downing FV Chamber President)Recognition of Jacques Delange from New Haven Homes for his in-kind donation.(Jeremy Fulks)4) (B) Board/Commission/Committee Appointments5)City Council Agenda Requests and Announcements6)Public to be HeardCitizens may address the Council on items that are not on the agenda. Please sign upwith the City Clerk prior to the meeting. Council may not be able to provide animmediate answer, but will direct staff to follow-up. Out of respect for the Council andothers in attendance, please limit your comments to three (3) minutes or less.7)Consent AgendaNote: All items listed under the Consent Agenda are considered to be routine and willbe approved with one motion. There will be no separate discussion of these itemsunless a Council Member or citizen so requests, in which case the item may be removedfrom the Consent Agenda and considered separately, at the discretion of Council. (Est.time-3 min)A. Approval Of The May 14, 2019 City Council Meeting Minutes8)Old BusinessA. Second Reading Of Ordinance No. 1730, An Ordinance Amending Chapter17.39 (Supplemental Standards) Of Article III (General Regulations AndDevelopment Standards) Of Title 17 (Zoning) Of The Fountain Municipal CodeBy Adding Section 17.396 Carports And Amending Chapter 17.71 (Definitions)Section 17.710 (Kristy Martinez, 10 Min)
B.9)Second Reading Of Ordinance 1731, An Ordinance Of The City Of Fountain,Colorado, Approving The Issuance Of Its Utility Revenue Bonds, Series 2019, For ThePurpose Of Financing The Construction Of Certain Utility Systems-Related CapitalProjects As Described Herein, Funding The Reserve Account Or Purchasing AReserve Account Contract, And Paying The Costs Of Issuance Of The Bonds;Authorizing The Forms Of Such Bonds And Other Details With Respect To SuchBonds And The Payment Thereof; Providing For Payment Of The Bonds From APortion Of The Revenues Of The City’s Electric, Water And Wastewater UtilityEnterprise And Making Certain Covenants In Connection Therewith; And ProvidingDetails And Documents In Connection With The Bonds (John Lewis, 10 Min)New BusinessA. Consideration Of Items Removed From The Consent AgendaB. Public Hearing And First Reading Of Ordinance No. 1732, An OrdinanceApproving An Overall Development Plan For Countryside West, GenerallyLocated At The Northwest Corner Of Link Road And Jimmy Camp Road,Hereinafter More Specifically Described In Exhibit “A” And Exhibit “B”. (KristyMartinez, 30 Min)C. First Reading Of Ordinance No. 1733, An Ordinance Amending Chapter12.04 (Construction Generally) Of Title 12 (Streets, Sidewalks And PublicPlaces) Of The Fountain Municipal Code By Adding A New Section I OfSection 12.04.020 And Adopting By Reference The El Paso CountyEngineering Criteria Manual And Those Documents Incorporated ByReference. (Brandy Williams, 10 Min)D. Resolution 19-037, A Resolution Amending The Appropriation Of Fiscal Year2019. (John Lewis 10 Min)10) Correspondence, Comments and Ex-Officio Reports11) Announcement of Executive Sessions12) AdjournFOLLOWING THE ADJOURNMENT OF THE REGULAR CITY COUNCIL MEETING THECITY COUNCIL SHALL RECONVENE AS THE EX OFFICIO BOARD OF DIRECTORS OFTHE FOUNTAIN GENERAL IMPROVEMENT DISTRICT NO. 2 FOR ACTION ON THEFOLLOWING ITEMS:A. Public Hearing and First Reading Of Ordinance No. 1734GID2, An Ordinance Of TheFountain General Improvement District No. 2, City Of Fountain, Colorado, For InclusionOf Certain Property Sometimes Known As Ventana Filing No. 5 Subdivision Into TheFountain General Improvement District No. 2, City Of Fountain, Colorado.A (Administrative Action)QJ (Quasi-Judicial Action)NEXT REGULAR COUNCIL MEETINGJUNE 25, 2019Posting Date:L (Legislative Action)
RegularCity Council MeetingConsent –7ACouncil Meeting MinutesJune 11, 2019Summary InformationTitle:APPROVAL OF THE MAY 28, 2019 CITY COUNCIL MEETING MINUTESInitiator : City Clerk HuffmanCouncil ActionPresenter: City Clerk HuffmanCouncil InformationLegal Review:YesNoReport to CouncilSummary Overview and List of Attachments:The attached minutes were compiled as the result of the May 28, 2019 City Council Meeting MinutesAttachments: Above Referenced Meeting MinutesBackground InformationStrategic Plan Priority (if applicable):Transportation InfrastructureTelecommunications Technology and Capabilities.Distribution of Public Safety ResourcesImprove the Availability of Venues Which Support Community ActivitiesStaff recommends approval.RecommendationProposed MotionMotion to approve shall be included under the consent agenda.
CITY COUNCIL MEETINGMay 28, 20191) Call to OrderMayor Pro Tem Thomas called the meeting to order at 6:00 P.M.2) Pledge of AllegianceThe Pledge of Allegiance was recited.3) Roll CallRoll call found the following members present:Mayor OrtegaMayor Pro Tem ThomasCouncil Member ThompsonCouncil Member GieckCouncil Member ApplegateCouncil Member CokeCouncil Member Lauer4) (A) Presentations:Girls of the West Rodeo PresentationPikes Peak or Bust Rodeo President Grant Adkisson, gave event details and noted all proceedsgo to local military organizations.Girl of the West Kayla Summers and Aide to Girl of the West Makayla Carrico gave details ofthe upcoming events at the rodeo and encouraged all to attend.4) (B) Board/Commission/Committee AppointmentsAppointment of Chuck Larson to the Recreation Facility Advisory CommitteeCity Clerk Huffman reported there is a vacancy on this committee for the senior population dueto the resignation of Ms. Diana Spriggs. Jolene Hausman, Senior Center Director recommendedappointment of Mr. Chuck Larson for this position.Council Member Thompson made a motion to appoint Mr. Larson to the RFAC, seconded byCouncil Member Gieck. All members voted yes (7-0); the motion carried.5)City Council Agenda Requests and AnnouncementsCity Council May 28, 2019 pg. 1
Council Member Thompson thanked Mayor Ortega and Executive Assistant Connie Sanford fortheir help with the Memorial Day events.Mayor Ortega reminded all in attendance of the upcoming Veterans Fair scheduled for June 8th atthe Welte Education Center.6)Public to be HeardLonginos Gonzalez, County Commissioner gave updates on the upcoming events at VFW post6461. He also noted the County is hosting the free fishing weekend and the Pikes Peak CenterWorkforce Veteran’s day.Mayor Ortega thanked Peak Military Affairs, Mt. Carmel, Commissioner Gonzalez andCommissioner Vanderwerf in the ceremony recognizing the Metal of Honor in El Paso Countyrecipient.7)Consent AgendaA. Approval Of The May 14, 2019 City Council Meeting MinutesB. Resolution No. 19-033, A Resolution Of The City Council Of The City OfFountain, Colorado Authorizing The Hiring Of A-1 Chip Seal. To ProvideProfessional Road Maintenance On 3 Projects Throughout The CityCouncil Member Coke made a motion to approve the consent agenda, seconded by CouncilMember Applegate. All members voted yes (7-0); the motion carried.8)Old BusinessA. Second Reading Of Ordinance No. 1729, An Ordinance Repealing AndReordaining Ordinance 1692 Authorized By Chapter 13.20.101 (Utility Code) OfThe Fountain Municipal Code By Increasing Water RatesUtility Director Mitchell stated there have been no changes to this ordinance since first reading.Council Member Coke made a motion to approve Ordinance 1729 on second reading, secondedby Council Member Gieck. All members voted yes (7-0); the motion carried.9)New BusinessA. Consideration Of Items Removed From The Consent AgendaThere were no items removed.B. First Reading Of Ordinance No. 1730, An Ordinance Amending Chapter17.39 (Supplemental Standards) Of Article Iii (General Regulations AndCity Council May 28, 2019 pg. 2
Development Standards) Of Title 17 (Zoning) Of The Fountain MunicipalCode By Adding Section 17.396 Carports And Amending Chapter 17.71(Definitions) Section 17.710Planning Supervisor Martinez reported that City Council directed staff to draftregulations addressing carports. Staff has been working with Regional Building to draftthe regulations. The City does not currently address carports but Regional Building hasregulations that allow less than 12 feet in width and less than 200 sq. ft. are exempt frombuilding permit. She reviewed proposed regulations including all property owners mustsubmit a plot plan for a carport regardless of size and only one carport shall be allowedper lot. Should Council approve the proposed regulations, a 9 month grace period wouldapply to allow owners to come into compliance.John Hudson, resident asked Council to consider the size of lot to allow additionalcarports.Fran Carrick, resident asked if Council would consider grandfathering existing carports.Mayor Ortega stated that he would not consider grandfathering because some structuresare currently not safe or cause a hazard.Walter Calloway and Janae Jackson, residents both stated they have already purchasedadditional carports that do not require a building permit and asked Council to considerthis pre-purchase exempted.Mayor Ortega stated that he would like to consider those that have already purchasedprior to June 11, 2019 to be exempt given that they can provide proof of date of purchase.He noted that he is not in favor of considering lot size and requested these changes forsecond reading of this ordinance. He made this his motion, seconded by Mayor Pro TemThomas. All members voted yes (7-0); the motion carried.C. First Reading Of Ordinance 1731, An Ordinance Of The City OfFountain, Colorado, Approving The Issuance Of Its Utility RevenueBonds, Series 2019, For The Purpose Of Financing The Construction OfCertain Utility Systems-Related Capital Projects As Described Herein,Funding The Reserve Account Or Purchasing A Reserve AccountContract, And Paying The Costs Of Issuance Of The Bonds; AuthorizingThe Forms Of Such Bonds And Other Details With Respect To SuchBonds And The Payment Thereof; Providing For Payment Of The BondsFrom A Portion Of The Revenues Of The City’s Electric, Water AndWastewater Utility Enterprise And Making Certain Covenants InConnection Therewith; And Providing Details And Documents InConnection With The BondsFinance Director Lewis stated this ordinance approves the issuance of new City ofFountain Joint Utility Revenue Bonds of a par value of up to 20,000,000 to finance anumber of capital projects including but not limited to the following:City Council May 28, 2019 pg. 3
Construction and related costs of a Water and Electric joint utility building of 10,700,000; Water rights of 700,000; Water treatment plant of 600,000; Water systemimprovement projects of 3,900,000; Electric transmission line and substation of 3,700,000; and Co-location communication infrastructure project of 400,000.He reported that on March 19, 2019 Council approved Resolution Number 19-019allowing the reimbursement by these revenue bond proceeds of any dollars spent on theabove projects, prior to the disbursement of the Joint Utility Bond proceeds. In addition,these projects were included in the 2019 adopted budget and all debt payments will bemade with utility revenue.Council Member Applegate made a motion to approve Ordinance 1731 on first reading,seconded by Council Member Gieck. All members voted yes (7-0); the motion carried.D. Resolution No. 19-034, A Resolution To Approve A Water RightsPurchase Agreement Between The City Of Fountain, Colorado, ActingBy And Through Its Electric, Water And Wastewater Enterprise (“UtilityEnterprise”), And The Widefield Water And Sanitation District(“Widefield”), Relating To The Purchase Of Widefield’s Share Of TheH2o Ranch Water Rights.Utility Director Mitchell reported that Widefield has offered to sell their half of the waterright to Fountain for 10,101/acre-foot in three payments over a three year period.Fountain’s share is one-half or 123.75 acre-feet per year. This is a very favorable priceand favorable terms for main stem Arkansas River water rights. Funds for this purchaseare included in the 2019 and 2020 approved budget.Council Member Thompson made a motion to approve Resolution No. 19-034, secondedby Council Member Coke. All members voted yes (7-0-); the motion carried.E. Resolution No. 19-035, A Resolution Of The City Council Of The City OfFountain, Colorado Authorizing The Hiring Of Schmidt Construction ToProvide Professional Road Maintenance On 2 Projects Throughout TheCityStreet Superintendent McDonald stated this Resolution would allow the granting of a bidto Schmidt Construction for the resurface Medicine Bow Avenue and Progress Drive. Henoted this project should be complete prior to the start of the school year.Council Member Applegate made a motion to approve Resolution No. 19-035, secondedby Council Member Gieck. All members voted yes (7-0); the motion carried.F. Resolution No. 19-036, A Resolution Of The City Council Of The City OfFountain, Colorado Authorizing The Hiring Of Schmidt Construction ToProvide Professional Road Maintenance On 1 Project In The CityCity Council May 28, 2019 pg. 4
Street Superintendent McDonald reported this Resolution would allow the granting of abid to Schmidt Construction for the resurfacing of Fountain Mesa Road. He noted thefunds for this project will be provided by the Water Department after they havecompleted their service line repairs.Council Member Applegate made a motion to approve Resolution No. 19-036, secondedby Council Member Gieck. All members voted yes (7-0); the motion carried.10) Correspondence, Comments and Ex-Officio ReportsPolice Chief Heberer noted that the command vehicles were invaluable during the recent standoff and gunfire as it aided to protect police and citizens in the area.Council Member Thompson reported on the success of the Run for the Wall event and the PeaceOfficers Memorial.11) Announcement of Executive SessionsCity Clerk Huffman requested the following executive sessions:Pursuant to C.R.S. Section 24-6-402(4) for the purpose of review, approval, andamendment of executive session minutes and:Pursuant to C.R.S. Section 24-6-402(4)(a)To discuss the purchase, acquisition, lease,transfer, or sale of real, personal, or other property interestCity Attorney Johnson requested the following executive session:Pursuant to C.R.S. Section 24-6-402(4)(f) for the purpose of discussing a personnel matterand not involving: any specific employees who have requested discussion of the matter inopen session; any member of this body or any elected official; the appointment of anyperson to fill an office of this body or of an elected official; or personnel policies that do notrequire the discussion of matters personal to particular employees.Council Member Lauer made a motion to hold the executive sessions as requested, seconded byCouncil Member Gieck. All members voted yes (7-0); the motion carried.12) AdjournThere being no further business Mayor Ortega declared the meeting adjourned at 7:35 P.M.City ClerkMayorCity Council May 28, 2019 pg. 5
RegularCity Council MeetingOld Business – 8AZoning Ordinance Amendment - CarportsJune 11, 2019Summary InformationTitle:SECOND READING OF ORDINANCE NO. 1730, AN ORDINANCE AMENDING CHAPTER 17.39 (SUPPLEMENTALSTANDARDS) OF ARTICLE III (GENERAL REGULATIONS AND DEVELOPMENT STANDARDS) OF TITLE 17 (ZONING)OF THE FOUNTAIN MUNICIPAL CODE BY ADDING SECTION 17.396 CARPORTS AND AMENDING CHAPTER 17.71(DEFINITIONS) SECTION 17.710 (MEANINGS DEFINED).Initiator : Kristy Martinez, AICP, Planning SupervisorCouncil ActionPresenter: Kristy Martinez, AICP, Planning SupervisorCouncil InformationLegal Review:YesNoReport to CouncilSummary Overview and List of Attachments:On January 22, 2019 City Council held a discussion with Staff on various planning and zoning items; one item ofdiscussion was carports. At City Council’s direction, Staff drafted regulations to address this deficiency in theCode.Attachment:Ordinance 1730, as amendedBackground InformationAt the January 22, 2019, City Council meeting, Staff held a discussion with City Council on various planning andzoning items; one item of discussion was carports. The current Zoning Ordinance does not address carports;therefore, at City Council’s direction, Staff drafted regulations to address this deficiency in the Code. SinceJanuary, Staff has been coordinating with Pikes Peak Regional Building Department and Neighborhood Servicesto address the various concerns with implementing regulations on carports. These discussions resulted in thefollowing proposed regulations for carports.Add New Section to Chapter 17.39 Supplemental StandardsSection 17.396 CarportsA. Pre-manufactured or membrane carports are only permitted if accessory to single-family and twofamily lots or parcels.B. For all pre-manufactured or membrane carports, the property owner or occupant must submit a plotplan to the City of Fountain that includes the following information:1. Address of Property2. Location of residence and carport3. Dimensions of proposed carport4. Location of all easements, right-of-ways and sidewalks5. Structural setbacks6. Structural height7. Lot coverage8. Any other information deemed pertinent by the Zoning Administrator.C. Pre-manufactured or membrane carports less than 200 square feet in area do not need to comply withthe applicable zone district development standards; however, they must be anchored to the ground.The exemption from zone district development standards does not supersede any requirements byhomeowners associations or metropolitan districts.D. Pre-manufactured or membrane carports that are greater than 200 square feet must comply with all
E.F.G.H.I.J.zone district development and dimensional standards including but not limited to setbacks, lot coverageand structural height and are required to obtain a building permit from Pikes Peak Regional BuildingDepartment. Carports are exempt from the setbacks outlined in Section 17.328 B.3.All attached carports regardless of size must obtain a building permit from Pikes Peak Regional BuildingDepartment.All site built (i.e. wood framed) carports regardless of size must obtain a building permit.At no time shall carports overhang or otherwise adversely affect adjacent properties due to runoff ofrain, snow, sleet etc. or interfere with sidewalks or public right of ways.Carports shall not be constructed or maintained in the area identified as the sight distance area (a.k.a.sight triangle) between three feet (3’) in height and nine feet (9’) in height above the roadway. Nothingshall intrude into the sight triangle so as to obscure or block the visibility of any traffic.Only one (1) carport shall be permitted per property.All carports must remain as originally built and approved and are only for the storage of vehicles asdefined in Chapter 8.20 of the Fountain Municipal Code. A carport does not meet the requirements forstorage of Inoperable Vehicles or Junk.Add New Definition to Chapter 17.71 Definitions, Section 17.710 Meanings DefinedCarport. A roofed structure providing space for the parking of vehicles and must be open on at least two sides.All new and existing carports will need to comply with these regulations if approved by City Council. As theZoning Ordinance did not address carports previously, the City deferred to the Pikes Peak Regional BuildingDepartment (PPRBD) for regulations on carports. The PPRBD regulations state that all pre-manufactured ormembrane carports less than 12 feet in width and less than 200 square feet are exempt from obtaining abuilding permit. These same standards have been incorporated into the proposed language.Neighborhood Services Division has conducted a windshield survey of all single-family and two-family residencesin the City and has identified all carports located within the front yards that have been installed to date. Should
the Welte Education Center. 6) Public to be Heard Longinos Gonzalez, County Commissioner gave updates on the upcoming events at VFW post 6461. He also noted the County is hosting the free fishing weekend and the Pikes Peak Center Workforce Veteran’s day. Mayor Ortega thanked Pea
