HomeMy WebLinkAboutMINUTES-11/19/1996-RegularNovember 19, 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, November 19,
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, Kneeland, McCluskey, Smith and
Wanner.
Staff Members Present: Fischbach, Roy, Jensen.
Citizen Participation
Al Baccili, 520 Galaxy Court, expressed concerns regarding city sales tax, cost of hiring a new
police chief, camera radar revenue, and advocated putting more officers on the street.
Citizen Participation Follow-up
City Manager Fischbach presented a memo outlining the costs of hiring a police chief.
Councilmember Janett stated she had reviewed data from the first months operation of camera radar,
and that it contains data relating to compliance with speed limits and does not include information
on the revenue stream.
Agenda Review
Donald Wolberg,2706 Dundee Court, requested that Item # 8, Second Reading of Ordinance No.
139, 1996, Authorizing the return of the City Park World War I Cannon to the American Legion,
George Beach Post No. 4, be withdrawn from the Consent Agenda.
City Manager Fischbach requested Item # 14, Resolution 96-140 of the City Council of Fort Collins
Adopting the Guidelines for Initiating and Developing Council Ordinances and Resolutions, be
withdrawn from the Consent Agenda.
City Manager Fischbach mentioned that Council's packet contains a revised resolution reflecting
changes made to Item 422 by the Growth Management Committee.
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***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 #31, Public Pulled Consent Items.
Second Reading of Ordinance No. 138, 1996, Rescinding the Designation of the
Rosenoff/Smith House, 508 West Olive Street, as a Local Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins.
On June 4, 1996, the City Council designated the Rosenoff/Smith House as a Local
Landmark. The owner of the property, Mark Johnson, has initiated this request for the
rescission of Local Landmark designation. The Landmark Preservation Commission
believes that the public benefits accruing in maintaining this property on the list of individual
Local Landmarks do not outweigh the negative impact of insisting upon such designation in
the face of the owner's desire. Ordinance No. 138, 1996 was unanimously adopted on First
Reading on November 5, 1996.
8. Second Reading of Ordinance No. 139, 1996, Authorizing the Return of the Citv Park World
War I Cannon to the American Legion, George Beach -Post -No. 4.
Ordinance No. 139, 1996, was unanimously adopted on First Reading on November 5, 1996,
and authorizes that the cannon be removed from City Park to the American Legion, George
Beach Post No. 4. City staff has concluded that this course of action is in the best interest
of the City and the community and will best serve the original intent of the donors of the
cannon and will preserve the City's intent in accepting the cannon in 1932. The American
Legion will become the owner of the cannon, will move the cannon from City Park at no cost
or expense to the City, and will be responsible for any further care, maintenance or use of the
cannon.
9. Second Reading of Ordinance No. 140, 1996, Amending Ordinance No. 26, 1993,
Substituting A Bond Surety greement for the Previously Required Reserve Fund.
In the course of refunding the sewer revenue bonds just one month ago, bond insurance
companies made very low bids on insurance and surety bonds that replaced reserve funds in
the Wastewater Fund. With the assistance of bond counsel and the City's investment
bankers, Finance Department staff explored the concept of acquiring a surety for the sales
tax bonds even though the City is not refinancing them at this time. The 1993 bond
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November 19, 1996
ordinance allows the substitution of a surety through an amendment to the bond ordinance.
Ordinance No. 140, 1996, which was unanimously adopted on First Reading on November
5, 1996, makes the required changes.
10. Second Reading of Ordinance No. 141, 1996, Vacating Portions of Rights-of-Wav for
Battlecreek Drive and White Willow Drive as Dedicated on the Willow Springs PUD Plat.
Ordinance No. 141, 1996, which was unanimously adopted on First Reading on November
5, 1996, vacates portions of rights -of -way for Battlecreek Drive and White Willow Drive.
On December 12, 1994, the Planning and Zoning Board gave final approval to the Willow
Springs PUD, Phase 1, located west of Timberline Road and south of Harmony. The rights -
of -way for those future intersections were dedicated on the Willow Springs PUD. However,
the developer has since submitted a replat of the multifamily area ("The Villages at Willow
Springs") which utilizes private driveways for access. The driveways intersect Battlecreek
Drive and White Willow Drive at locations different from those previously proposed.
Therefore, the rights -of -way for the old intersection locations are no longer necessary and
are proposed for vacation at this time.
11. Second Reading of Ordinance No. 142, 1996, Adopting the 1997 City of Fort Collins Total
Compensation Plan.
This year, staff is recommending that instead of completing surveys for City positions, a
"Cost of Living" increase be provided. Staff recommends a flat increase of 3% for all
employee groups in order to not fall behind the labor market and to help keep employee
salaries at the rate of inflation. All increases will be within the 1997 Budget of 3.2%.
Ordinance No. 142, 1996, was unanimously adopted on First Reading on November 5, 1996.
12. First Reading of Ordinance No. 143, 1996, Authorizine the Execution of a Quit Claim Deed
By and Between the City of Fort Collins as Grantor and Gene R. Little as Grantee.
On December 14, 1965, Ronald E. Bockman and Sally June Bockman conveyed a portion
of their property to Dewey Johnson along what is now the west property line of the
Collindale Golf Course. Upon conveying the property, the Bockmans also retained a 40 foot
"right-of-way for road purposes". Apparently, the Bockmans were retaining the "right-of-
way" for access to the remainder of their property (which is now the Collindale Golf
Course). The right-of-way was never dedicated to the public nor to the City. The property
on which the right-of-way lies is now owned by Gene R. Little. Mr. Little has requested that
the City quit claim any interest the City may have in the parcel so that the title to the property
can be cleared and so that he can pursue finalizing his approved PUD on the property (The
Greens at Collindale PUD approved by the Planning and Zoning Board on October 28,
1996).
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13. First Reading of Ordinance No. 144 , 1996, Amending Section 8 of the Code of the City f
Fort Collins Relating to Purchasing Changes.
The purchasing ordinances were last updated in 1990 and 1991. Over the past two years
Purchasing has been working to identify changes which would make our processes more
efficient and effective. The changes proposed will eliminate some non -value added process,
increase flexibility and raise dollar thresholds. The Purchasing Division has seen work loads
increase by thirty percent since 1992. These changes will allow Purchasing to spend more
time on the larger purchases.
14. Resolution 96-140 of the City Council of Fort Collins Adopting the Guidelines for Initiating
and Developing Council Ordinances and Resolutions.
Initial discussion of this topic began with the Council's Organizational Committee earlier
this year. As a result of these discussions with the Organizational Development Committee,
committee members suggested that guidelines be drafted for initiating and developing
Council ordinances and resolutions. The draft and subsequent modifications have been
reviewed by the Organizational Development Committee (three times) and distributed to
Councilmembers (twice).
At the September 1996 Organizational Development Committee meeting, members agreed
that the guidelines should be considered by Council for formal adoption.
15. Resolution 96-141 Approving the Purchase of Telecommunications Consulting Services
from Black & Veatch as an Exception to the City's Competitive Purchasing Requirements
The City Council Telecommunications Policy, approved in April 1996, directed the City and
Light & Power to move ahead with telecommunications. The Electric Utility is attempting
to explore technical design issues as well as the business feasibility issues that are involved.
The firm of Black & Veatch is currently under contract with Platte River Power Authority
and has extensive knowledge of Light & Power, PRPA, and the other PRPA municipalities.
Significant time and money can be saved by using a company which knows the City's
electric system and the regional possibilities for telecommunications infrastructure.
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November 19, 1996
16. Routine Deeds and Easements.
A. Deed of easement from Thomas and Nancy Moore for the purpose of permanent
storm drainage, located at the Northeast corner of Lincoln Ave. and Jefferson Street.
Monetary consideration: $10.
B. Deed of easement from the St. Christopher Foundation for the purpose of permanent
pedestrian access, located south of Harmony Road and east of Timberline Road.
Monetary consideration: $10.
C. Deed of easement from the St. Christopher Foundation for the purpose of permanent
utility, located south of Harmony Road and east of Timberline Road. Monetary
consideration: $10.
D. Deed of easement from the St. Christopher Foundation for the purpose of permanent
sight distance, located south of Harmony Road and east of Timberline Road.
Monetary consideration: $10.
E. Deed of easement from the St. Christopher Foundation for the purpose of pernanent
sanitary sewer, located south of Harmony Road and east of Timberline Road.
Monetary consideration: $10.
F. Deed of easement from Stromberger Land, Inc. for the purpose of permanent sight
distance, located south of Harmony Road and east of Timberline Road. Monetary
consideration: $10.
G. Deed of easement from Zephyr Fort Collins L.P. for the purpose of permanent water
line, located East of College Avenue and south of Willox Lane. Monetary
consideration: $10.
H. Deed of easement from James P. Peterson for the purpose of permanent storm water
detention, located west of South Mason Street, and north of Troutman Parkway.
Monetary consideration: $10.
I. Deed of easement from Huntington Hills LLC for the purpose of temporary slope,
located west of South Lemay Avenue and south of Harmony Road. Monetary
consideration: $10.
Deed of easement from Huntington Hills LLC for the purpose of permanent Right -of -
Way, located west of South Lemay Avenue and south of Harmony Road. Monetary
consideration: $10.
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November 19. 1996
K. Deed of easement from Miramont Associates LLC for the purpose of temporary
access, utilities, and drainage, located west of South Shields Street and south of
Horsetooth Road. Monetary consideration: $10.
L. Deed of easement from the Minatta Family Partnership for the purpose of temporary
turn around, located south of West Elizabeth Street and east of Overland Trail Road.
Monetary consideration: $10.
M. Power line easement from 215-217 Jefferson Partnership, 215-217 Jefferson, needed
to install electric switch cabinet and transformers to underground existing overhead
electric system. Monetary consideration: $1020.
Items on Second Reading were read by title by Deputy City Clerk Aimee Jensen.
Second Reading of Ordinance No. 138, 1996, Rescinding the Designation of the
Rosenoff/Smith House, 508 West Olive Street, as a Local Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins.
Second Reading of Ordinance No. 140, 1996, Amending Ordinance No. 26, 1993.
Substituting A Bond Surety Agreement for the Previously Required Reserve Fund.
10. Second Reading of Ordinance No. 14L 1996, Vacating Portions of Rights-of-Wav for
Battlecreek Drive and White Willow Drive as Dedicated on the Willow Springs PUD Plat.
11. Second Reading of Ordinance No. 142, 1996, Adopting the 1997 City of Fort Collins Total
Compensation Plan.
Items on First Reading were read by title by Deputy City Clerk Aimee Jensen.
12. First Reading of Ordinance No. 143, 1996, Authorizing the Execution of a Quit Claim Deed
By and Between the City of Fort Collins as Grantor and Gene R. Little as Grantee.
13. First Reading of Ordinance No. 144, 1996, Amending Section 8 of the Code of the City of
Fort Collins Relating to Purchasing Changes.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Janett,
Kneeland, McCloskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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Public Pulled Consent Items
Councilmember Azari requested a brief presentation on Item #8. Cemetery Supervisor Phil
Carpenter summarized the history of this ordinance, stating that the American Legion had
approached the Parks and Recreation Department about moving the cannon out of City Park to the
American Legion Building on County Road 54G and Taft Hill Road. Carpenter further stated the
Parks and Recreation Department was receptive to the idea since the cannon does not meet with
federal safety criteria for playgrounds.
Councilmember Kneeland made a motion, seconded by Wanner, to adopt Ordinance No. 139, 1996
on Second Reading.
Donald Woeber stated he is addressing this issue not as a citizen of Fort Collins, but from the
standpoint that the Fort Collins, Loveland, Greeley area has the highest concentration of Vietnam
Veterans in the United States. He expressed his concern about the handling of this issue.
Councilmember Azari thanked Mr. Woeber for his statements.
Councilmember Janett asked for Mr. Woeber's recommendations for an appropriate placement of
the cannon.
Mr. Woeber further stated Council will be receiving letters from various group regarding this
ordinance.
Cemetery Supervisor Carpenter confirmed that the cannon will be on public display at the American
Legion on County Road 54G after it has been moved.
Councilmember Kneeland asked it there was any opposition to moving the cannon out of City Park
and if other sites had been considered for placing the cannon.
Cemetery Supervisor Carpenter stated his first contact with opposition to moving the carrion was
from Mr. Woeber that morning and that other sites had not been considered.
Councilmember McCluskey stated he would not support this ordinance on Second Reading.
Councilmember Wanner withdrew his second and Councilmember Kneeland withdrew her motion
to adopt the Ordinance on Second Reading.
City Attorney Roy recommended that Council postpone the Ordinance indefinitely. It can be
brought back at a later date for further discussion.
Councilmember McCluskey suggested staff organize an outreach with the affected groups and
formulate a decision that is supported by the community.
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Councilmembers Apt and Janett concurred with Councilmember McCluskey's comments.
Councilmember Kneeland thanked Mr. Woeber for attending tonight's meeting and voicing his
concerns.
Cemetery Supervisor Carpenter asked that Mr. Woeber forward copies of the letters he has received
regarding placement of the cannon.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to postpone
consideration of Ordinance No. 139, 1996 indefinitely. Yeas: Councilmembers Janett, Azari, Apt,
Wanner, McCluskey, Smith, Kneeland. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Fischbach briefly discussed the status of the Drake Road improvement project, stating
the project is on schedule and within 3% of budget. Weather permitting, the northbound lanes will
be opened the first of December with the southbound lanes due to be opened the first or second week
in December. The bridge on Drake Road will be partially opened by December 15th, with the
remaining work to be completed by the end of December.
Planner Leanne Lawrie gave a brief presentation on the communication efforts for the remaining
phases of City Plan, further stating the objective of these efforts is to keep the citizens involved,
active, educated and very aware of City Plan. Citizens can call the Advance Planning Department
to speak with the planner on call to discuss their concerns.
Councilmember Apt reported on the highlights from the recent Growth Management Committee
meeting. He stated citizens have expressed interest in streamlined planning process for projects.
The next step is to go to the Citizen Plan Advisory Committee for public comments.
Councilmember Reports
Councilmember McCluskey reported on the Finance Committee meeting held November 7. Several
topics were covered, including the fiscal and environmental impact model, possible fees lost through
deregulation of utilities and transit financing. He noted the consultant examining transit issues has
stated the City is not ready for a transit authority at this time.
Councilmember Janett reported on the Governance Committee meeting with the Charter Review
Committee. She stated the City's Charter needs to be reviewed regularly to make sure the Charter
reflects current conditions.
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November 19. 1996
Councilmember Smith reported on the North Front Range Transportation and Air Quality Planning
Committee. He stated the Regional Transportation Plan is being reviewed and that evaluation
criteria to evaluate transportation projects is being discussed. Councilmember Smith also invited
citizen participation by either contacting him, Ron Phillips or Tom Frazier in Transportation, or
County Commissioner Jim Disney.
Councilmember Apt reported on the Colorado Municipal League Policy Meeting where upcoming
legislative issues were discussed. He stated some of the topics discussed were transportation issues,
camera radar, and takings legislation.
Resolution 96-138
of the Council of the City of Fort Collins
Making Findings of Fact Regarding Overall Development Plan
Upholding the Decision of the Board to Approve the Park South
Amended Overall Development Plan, 946-88F
The following is staffs memorandum on this item.
"Executive Summary
On November 12, 1996, the City Council voted (4-2) to uphold the September 9, 1996 decision of
the Planning and Zoning Board to approve the Park South Amended Overall Development Plan 446-
88F In order to complete the record regarding this appeal, the Council should adopt a Resolution
makingfindings offact and finalizing its decision on the appeal.
BACKGROUND:
On September 9, 1996, the Planning and Zoning Board voted 3-2 to approve the Park South
Amended Overall Development Plan, #46-88F.
On September 23, 1996, Notice of Appeal was received by the City Clerks Office regarding the
decision of the Planning and Zoning Board from the following parties: Betty and Jack Aggers; Earl
Noel; and Joseph and Eldine Maixner.
The September 23, 1996, Notice of Appeal was substituted for a previous Notice of Appeal filed by
the appellants Jack and Betty Aggers with the City Clerk on September 20, 1996.
An Amended Notice of Appeal was received by the City Clerk's Office on October 23, 1996 from the
Appellants, identifying Betty Aggers as the party to whom notices and other documents were to be
sent regarding the same decision.
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November 19, 1996
The Appellants based their appeals on the grounds set forth in City Code Sections 2-48(b) (1) and
2-48(b)(2)c. The grounds for appeal set forth in these Code sections can be summarized as
follows:
• The Planning and Zoning Board failed to properly interpret and apply relevant
provisions of the Code and Charter [Section 2-48(b)(1)J.
• The Planning and Zoning Board failed to conduct a fair hearing in that the Board
considered evidence relevant to its findings which was substantially false or grossly
misleading [Section 2-48(b)(2)c.J.
At the November 12, 1996 hearing on this matter, the City Council considered the testimony of City
staff, the Appellants, and those who opposed the appeal. In a subsequent discussion at this hearing,
the City Council determined by a vote of (4-2), that the Planning and Zoning Board's decision to
approve the Park South Amended Overall Development Plan 446-88F should be upheld "
Councilmember Apt left the meeting at this point because he had not attended the November 12
meeting when the appeals were heard.
Senior Planner Ted Shepard stated that the next two items are follow-ups to two appeals the Council
heard. He also stated he was available for questions.
Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt Resolution
96-138. Yeas: Councilmembers Azari, Wanner, McCluskey, Smith, Kneeland and Janett. Nays:
None. (Councilmember Apt withdrawn)
THE MOTION CARRIED.
Resolution 96-139
of the Council of the City of Fort Collins
Making Findings of Fact and Conclusions Regarding
the Appeal of the Decision of the Planning and Zoning Board Relating
to Harbor Walk Estates PUD.
The following is staffs memorandum on this item.
"Executive Summary
On September 9, 1996, a Notice of Appeal was filed by a party -in -interest with respect to the August
26, 1996 decision of the Planning and Zoning Board denying the request for a sound abatement wall
for Harbor Walk Estates.
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November 19, 1996
At the November 5, 1996 hearing on this matter, Council considered the testimony of the Planning
and Zoning Board record, staff, and the appellants. In subsequent discussion at this hearing,
Council took the following actions:
Council determined that the Planning and Zoning Board did not fail to hold a fair hearing.
Council determined (6-1) that the Planning and Zoning Board did properly interpret and
apply relevant provisions of the Code and Charter.
Consequently, the August 26, 1996 decision of the Planning and Zoning Board denying the request
for a Referral of an Administrative Change for a sound abatement wall was upheld In order to
complete the record regarding this appeal, Council should adopt this Resolution makingfindings
offact and finalizing its decision on the appeal. "
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Resolution
96-139. Yeas: Councilmembers Wanner, Smith, Kneeland, Janett, Azari and McCluskey. Nays:
None. (Councilmember Apt withdrawn)
THE MOTION CARRIED.
Resolution 96-142
of the Council of the City of Fort Collins
Outlining the Basic Principles to be Contained in
an Intergovernmental Agreement with Larimer County for the
Purpose of Addressing Growth Management Issues.
The following is staff s memorandum on this item.
"Executive Summary
The City of Fort Collins and Lorimer County have both developed certain revisions to their
Comprehensive Plans, known as City Plan and the Partnership Land Use System (PLUS)
respectively. The focus of the City's and the County's planning efforts will soon begin to center on
implementation strategies. Since 1980, one of the key implementation strategies for both the City's
and County's Comprehensive Plans has been the Intergovernmental Agreement for the Fort Collins
Urban Growth Area. Given the revised and updated policy directions from City Plan and PLUS,
it will be necessary to update and renew the UGA Agreement. The Council wishes to identify, at this
time, certain basic principles to be contained in the revised agreement. The attached Resolution 96-
142 identifies these basic principles. "
City Manager Fischbach stated this resolution was prepared as a framework of Council policies to
be included in an Intergovernmental Agreement with Larimer County. He further stated this
resolution was reviewed by the Growth Management Committee at its November 18, 1996 meeting.
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November 19, 1996
Councilmember Apt noted several things were added by the Growth Management Committee such
as protection of the foothills and natural areas, as well as reference to transfer of development rights.
Councilmember Apt made a motion, seconded by Smith, to adopt Resolution 96-142. Yeas:
Councilmembers Apt, Wanner, McCluskey, Smith, Kneeland, Janett and Azari. Nays: None
THE MOTION CARRIED.
Other Business
Councilmember Janett .requested a memo regarding vendor fees and a memo regarding the
environmental model the Finance Committee is reviewing.
Councilmember Apt requested a two page memo addressing the advisability of placing demand site
management provisions in the City's Charter.
Executive Session Authorized
Councilmember Janett made a motion, seconded by Kneeland, to adjourn into Executive Session to
conduct the annual evaluations of the City Attorney, City Manager, and Municipal Judge. The vote
was as follows: Yeas: Councilmembers Wanner, McCluskey, Kneeland, Janett, Azari and Apt.
Nays: Councilmember Smith.
THE MOTION CARRIED
Adjournment
At the conclusion of the Executive Session, th(
ATTEST:
City Clerk
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