HomeMy WebLinkAboutMINUTES-03/04/1997-RegularMarch 4, 1997
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, March 4, 1997,
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, Krajicek.
Citizen Participation
Wil Huett, Director of the American Red Cross spoke of the contributions and the work it does on
national and local levels.
Ray Martinez, complimented staff on the new Fox Trot Bus Route.
Agenda Review
City Manager John Fischbach requested that Item #25 C, Deed of Dedication from Counhy Club
Farms, LLC north of East Vine Drive and West of Summit View Drive, needed by Watenf eld PUD
Project to achieve their desired density, be withdrawn from the Consent Agenda.
Al Baccili, 520 Galaxy Court, requested that Item #22, Resolution 97-28 in Support of the Proposed
"Building Community Choices" Capital Improvement Program Ballot Issues Appearing on the April
8, 1997Municipal Election Ballot, be pulled from the Consent Agenda.
John Meleski, 2619 Featherstar Way, requested that Item 424, Resolution 97-30 Opposing the
Adoption of Citizen Initiated Ordinance No. 1, 1997, and Directing the City Manager to Review
the City's Current Process for Reviewing Citizen Complaints Pertaining to Activities of Fort
Collins Police Services, be pulled from the Consent Agenda.
***CONSENT CALENDAR***
The Consent Calendar consists of Item Numbers 7 through 25. 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
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March 4, 1997
Calendar by the Public will be considered separately under Agenda Item 426, Public Pulled Consent
Items.
7. Second Reading of Ordinance No 32 1997 Amending Section 5-110 the City Code
Relating to Solid Fuel -Burning Appliances,
Ordinance No. 32, 1997, which was unanimously adopted on First Reading on February 18,
1997, amends Section 5-110 of the City Code relating to solid fuel burning appliances, to
clarify City regulations regarding the installation of wood cooking stoves in Fort Collins for
both commercial and domestic purposes. The amendment does not change the intent of the
current Code provisions, nor does it depart from current policy.
PoliceSeco
�
Ordinance No. 33, 1997, which was unanimously adopted on First Reading on February 18,
1997, appropriates $43,092 into the Police Set -vices budget. This amount represents $16,084
in unspent balance from the 1996 appropriation, plus $27,008 awarded by the courts in 1996
and held in a General Fund restricted reserve awaiting appropriation. The funds will be used
by Police Services for special purchases of training, services, and commodities to enhance
the quality of Police Services' customer service.
9. Second Reading of Ordinance No. 34. 1997. Appropriating Unanticipated Revenue in th
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and PrqJects.
For the past nine years, Fort Collins Police Services has applied to the Colorado Division of
Criminal Justice for federal drug grant monies to help fund investigations of illegal narcotics
activities. This year Fort Collins once again joined with the Loveland Police Department,
Larimer County Sheriff's Department and Colorado State University Police Department in
one application for funding for the multi jurisdictional task force. This year, Colorado State
University Police Department joined the long standing task force.
Ordinance No. 34, 1997, which was unanimously adopted on First Reading on February 18,
1997, appropriates the $17,000 in new federal grant money received in connection with the
program.
10. Second Readina of Ordinance No. 35, 1997, Desitmating the Elizabeth Collins House and
Associated Structures 924 West Magnolia• •llins Colorado
Landmark- as a Historic
Pursuant • 1,1 of 1-Code,
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March 4, 1997
This Ordinance, which was unanimously adopted on First Reading on February 18, 1997,
designates the Elizabeth Collins House and Associated Structures, 924 West Magnolia
Street, as a historic landmark.
11. Second Reading of Ordinance
No. 38.
1997. Designating
the W E. Mahood
House. 832
West Oak Street Fort Collins Colorado
as a Historic
Landmark
Pursuant
to Chapter 14 of
the City Code,
Ordinance No. 38, 1997, was unanimously adopted on First Reading on February 18, 1997,
and designates the W. E. Mahood House, 832 West Oak Street, as a historic landmark.
12. Second Reading of Ordinance No. 40, 1997. Designating the B. H. McCartv House. 218
Peterson Street. Fort Collins_ Coloradoas a Historic Landmark Pursuant to Chanter 14 of
the City Code,
This Ordinance, which was unanimously adopted on First Reading on February 18, 1997,
designates the B.H. McCarty House at 218 Peterson Street as a historic landmark.
13. Second_Reading of Ordinance No. 41. 1997. Desienatina the A. W. Scott House. 1611
Mathews Street Fort Collins Colorado, as a Historic Landmark Pursuant to Chapter 14 of
the City Code,
This Ordinance, which was unanimously adopted on First Reading on February 18, 1997,
designates the A. W. Scott House, 1611 Mathews Street, as a historic landmark.
14. Second Reading of Ordinance No. 42 1997, Vacating a Portion of the Right -of -Way for
Falcon Hill Road as Dedicated on the Falcon Ridge PUD Plat
On December 12, 1994, the Planning and Zoning Board gave final approval to the Falcon
Ridge PUD, located west of Terry Lake Road (State Highway No. 1) and south of Country
Club Road. At that time Falcon Hill Road was platted as a cul-de-sac, it was surrounded
with lots backing up to Country Club Road. However, the developer has since submitted a
replat of this area ("Fire Station #12 @ Falcon Ridge") which replats the area providing a
larger lot on which a Fire Station is to be provided and moving the end of the cul-de-sac to
the South. Therefore, the right-of-way for the old cul-de-sac, is no longer necessary and is
proposed for vacation at this time. Ordinance No. 42, 1997 was unanimously adopted on
First Reading on February 18, 1997.
15. Second Reading of Ordinance No 44 1997- Authorizing the Sale of the Real Property
Described as the Johnson III SID Property to Troutman Office Park Associates L.L.C.
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March d, 1997
Troutman Office Park Associates, which owns land across the street from the Property has
approached the City and offered to purchase the Property for $1,000. Troutman Office Park
Associates intends to use the Property for a parking lot. The SID Sales Policy requires that
some type of competitive process initially be used to offer SID properties for sale. However,
staff believes that no one else would have any use for the Property and that any competitive
sales process would cost more than $1,000. Ordinance No. 44, 1997 was unanimously
adopted on First Reading on February 18, 1997.
16. First Readme of Ordinance No. 46
1997- Authorizing
the Mayor
to Execute
a Deed of
Conveyance for the Sale of Certain
Real Property
and
the
Unanticipattd
Revenue •11 1 • • I" 11
•Fund.-
Rossborough Park was purchased in 1980. The purchase included a 25-foot irrigation ditch
which previously served the park area and was owned by Colorado State University.
Colorado State University abandoned its interest in the ditch in 1988 and deeded the strip to
the City in July 1988. This ditch runs south and east of the park. The portion of the ditch
running south of the park to the Pleasant Valley and Lake Canal is not to be abandoned due
to the possibility of a public path from the park to the canal. The ditch portion east of the
park is to be abandoned.
In 1995, the westerly strip of this abandoned ditch (25' x 1216') was sold to the adjacent
property owners in Wagonwheel Filing No. 2 Subdivision. Prior to this sale to adjacent
property owners, all the steps were followed for the whole ditch area (notifying all City
departments and public utilities, posting signs advertising land for sale, notices sent to the
neighborhood and a neighborhood meeting). At that time, there was no one interested in
buying the easterly 360 feet of the abandoned ditch.
Anchor Development Corporation has been going through the planning process to develop
Swallow Townhomes PUD just to the north of remainder of the abandoned ditch. Right -of -
Way negotiated with Anchor Development to purchase the remainder of the ditch for
$ ]/square foot, reserving the same with a blanket easement for access for the Stormwater
Department.
17. First Reading of Ordinance No 47, 1997, Appropriating Prior Year Reserves from the Storm
Drainage Fund into the McClelland/Mail Creek Drainage Basin Project for Capital
Improvements
The McClelland/Mail Creek Master Drainage Plan identified the need for regional detention
facilities on the west side of South Shields Street between Harmony Road and Horsetooth
Road. Miramont Associates, Inc. proposed a residential development in the same area. In
order to minimize future impacts to the public, and realize savings associated with joint
construction, a developer repayment was proposed. The proposed appropriation would be
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March 4, 1997
used to construct the City's share of the detention pond, the storm sewer crossing under
South Shields Street, and channel improvements on the east side of South Shields Street
connecting into an existing open channel. These improvements will alleviate the potential
of flooding downstream properties due to increase runoff from existing and future
development. The developer will construct the drainage improvements.
City Code allows for the reimbursement made possible under the development repay system
either through increased appropriations in any given year or in the following year's budget
appropriation. Staff believes it is fair to reimburse the developer with an additional
appropriation instead of making the Developer carry the expenditures, due to the magnitude
of the monies needed for the project and the availability of funds in reserves.
18. First Reading of Ordinance No. 48. 1997. Amending Chapter 7. Article IV. Division 2 of the
City Code Relating to Municipal Elections
At the November 5, 1996 General Election, voters approved Amendment 15 which repeals
Article 45 of Title 1, Colorado Revised Statutes, otherwise known as the "Campaign Reform
Act", and reenacted it as the "Fair Campaign Practices Act".
This Ordinance will remove references to the "Campaign Reform Act" in Chapter 7 of the
City Code.
19. First Reading of Ordinance No. 49, 1997. Amending Chapter 2 of the City Code Relating to
the Commission on Disability,
At its January 24, 1997 meeting, the Commission on Disability discussed the terminology
used in the City Code and application recruitment materials regarding the functions of the
Commission. The existing Code language uses terms such as "handicapped" and "disabled
individuals". The Commission is recommending several changes to the City Code to reflect
more appropriate terminology and to more accurately describe the role of the Commission.
The recommended changes are housekeeping in nature and do not change the basic functions
of the Commission.
20. Items Relating to Library Services,
A. Resolution 97-26 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with Larimer County for the Purpose of Providing Library Services to
Residents of Larimer County.
B. First Reading of Ordinance No. 50, 1997, Appropriating Unanticipated Revenue in
the General Fund for the Library Outreach Program.
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March 4, 1997
Larimer County provides funds to each of the six library service providers in Larimer
County. The payment of $116,382 is Fort Collins' share of the total contribution to provide
library services to County residents. This Resolution authorizes the Mayor to enter into an
agreement for the City's library outreach services to the homebound and economically
disadvantaged and for service to the remote bookdrops throughout the community. The
Ordinance appropriates $29,096 for these purposes. The remaining $87,286 in General
Services revenue is a two percent increase over the amount received in 1996.
Storm21. Resolution 97-27 Authorizin2 the Mayor to Enter into an Intemovernmental Agreement with
Larimer County Regarding Stormwater Management Matters in the DU Creek and Wes
Vine Basins.
The Resolution authorizes the Mayor to enter into an Intergovernmental Agreement for
Stormwater Cooperation (the "IGA") with Larimer County in regard to stormwater
management matters pertaining to Dry Creek and West Vine drainage basins. The IGA
proposes a relationship between the City and County in the potential formation of a LID for
Dry Creek and the potential establishment of a County stormwater utility in the West Vine
and Dry Creek basins. The importance of the IGA is that it lays the foundation for future
cooperative activities between the City and County in the area of stormwater management.
22. Resolution 97-28 in Support of the Proposed "Building Community Choices" Capital
Improvement Program Ballot Issues Appearing on the April 8. 1997 Municipal Election
Ballot,
On February 4, 1997, City Council placed three capital improvement packages on the April
8, 1997 municipal election ballot in the form of proposed Ordinance Nos. 29, 30 and 3 I,
1997. Under the provisions of the Fair Campaign Practices Act, the City Council is
expressly permitted to pass a resolution or take a position of advocacy on any local ballot
issue.
Ordinance No. 29, 1997 authorizes the extension of a quarter cent sales and use tax for the
purposes of acquiring natural areas, open lands, and trails and the construction of various
park and trails projects. The proposed tax would extend the existing Natural Areas tax which
was approved by the voters in 1992 and will expire in December 1997.
Ordinance No. 30, 1997 authorizes the extension of a quarter cent sales and use tax for the
purposes of continuing the Street Maintenance and Overlay Program, and other
transportation related projects. The proposed tax would extend the existing Street
Maintenance tax which was approved by the voters in 1989 and will expire in December
1997.
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March 4, 1997
Ordinance No. 31, 1997 authorizes the extension of a quarter cent sales and use tax for the
purposes of completing a variety of community enhancement projects. These projects
include improvements to Prospect Road, Taft Hill Road and Shields Street; improvements
to a Northeast Truck Route; construction of a new Northside Aztlan Center; City/School
District Community Projects; an addition to the EPIC ice arena; library technology
enhancements; and land acquisition for future buildings including a library, a performing arts
center and a police building. The proposed tax would extend the existing Choices 95 tax
which was approved by the voters in 1989 and will expire in December 1997.
The proposed resolution supports all three quarter cent sales taxes and urges voters to
approve the ballot issues at the April 8, 1997 municipal election.
23. Resolution 97-29 In Support of the Twelve Proposed Amendments to the Charter of the City
of Fort Collins.
This Resolution expresses the City Council's support for the twelve proposed amendments
to the Charter of the City of Fort Collins that will appear on the April 8, 1997, regular
municipal election ballot. It urges registered electors to approve Proposed Charter
Amendment Nos. 1 through 12 at the April election.
The amendments are the culmination of a year -long review of the City's Charter by the nine -
member Charter Review Committee created by Council on November 21, 1995. The
amendments contain the substance of the Charter Review Committee's recommendations,
as modified by the City Council.
This Resolution expresses the City Council's opposition to an initiated ordinance that will
appear on the April 8, 1997, regular municipal election ballot. It urges registered electors
to not support passage of the ordinance and directs the City Manager to work with the City
Council, staff and the community to review the existing procedures for handling citizen
complaints and provide a report and any recommended revisions to the City Council no
later than September 30, 1997.
• . 1 - • - - Iirl - 1�
A. Deed of Easement from Robert Wood, 513 North Shields, needed to underground
existing overhead electric services. Monetary consideration: $10.
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March 4, 1997
B. Deed of Easement from Sallie M. George, 407 North Pearl, needed to install electric
vault to underground existing overhead electric system. Monetary consideration:
$10.
C. Deed of Dedication from Country Club Farms, LLC, north of East Vine Drive and
West of Summit View Drive, needed by Waterfield PUD Project to achieve their
desired density. Monetary consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No 32 1997 Amending Section 5-110 the City Code
Relating to Solid Fuel-BurningAppliances,
8. Second Reading of Ordinance No. 33, 1997_ Appropriating Reserves in the General Fund for
Police Seizure Activity,,
Accounts9. Ordinance No. 34 1997- Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amount
Between n• '
10. Second Reading of Ordinance No 35 1997 Designating the Elizabeth Collins House and
Associated Structures 924 West Magnolia Street. Fort Collins Colorado as a Historic
Landmark Pursuant to Chapter 14 of the City Code,
11. Second Reading of Ordinance No 38 1997 Designating the W. E. Mahood House 832
West Oak Street Fort Collins Colorado. as a Historic Landmark Pursuant to Chapter 14 of
the City Code,
12. Second Reading of Ordinance No 40 1997 Designating the B. H. McCarty House 218
Peterson Street Fort Collins Colorado as a Historic Landmark Pursuant to Chapter 14 of
the City Code,
13. Second Reading of Ordinance No. 41, 1997. Designating the A W. Scott House. 1611
Mathews Street Fort Collins Colorado as a Historic Landmark Pursuant to Chapter 14 of
the City Code.
15. Second Reading of Ordinance No 44 1997 Authorizing the Sale of the Real Property
Described as the Johnson III SID Property to Troutman Office Park Associate L.L.C.
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March 4, 1997
30. Second Reading of Ordinance No 45 1997 AmendingChapter 12 of the City Code by the
Addition of Provisions Requiring the Dissemination of Information Regarding Radon Risk
Testing, and Mitigation by the Sellers of Residential Real Property,
Items on First Reading were read by title by City Clerk Wanda Krajicek.
16. First Reading of Ordinance No 46 1997 Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of Certain Real Property and Appropriating the Unanticipated
Revenue from this Sale to the Stormwater Fund
17. First Reading of Ordinance No 47 1997 Appropriating Prior Year Reserves from the Storm
Drainage Fund into the McClelland/Mail Creek Drainage Basin Project for Capital
Improvements.
18. First Reading of Ordinance No 48 1997 Amending Chapter 7 Article IV Division 2 of the
City Code Relating to Municipal Elections
19. First Reading of Ordinance No 49 1997 Amending Chapter 2 of the City Code Relating to
the Commission on Disability_,
31. Items Relating to the New Land -Use Code
A. First Reading of Ordinance No. 52, 1997 of the Council of the City of Fort Collins
Amending the Zoning District Map of the City.
B. First Reading of Ordinance No. 51, 1997 Repealing Articles I through V of Chapter
29 of the City Code (Including the Land Development Guidance System) and
Readopting Articles 29.1 through 29.5 of Chapter 29 of the City Code as the "Land
Use Code"; Establishing Level of Service Standards; and Amending the Code by
Establishing Article VI of Chapter 29 as a New Chapter 30, Titled "Capital
Improvement Expansion Fees."
C. First Reading of Ordinance No, 53, 1997 of the Council of the City of Fort Collins
Amending Chapter 2, Article II, Division 3 of the City Code Pertaining to the
Procedure for Hearing Appeals to the City Council.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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March 4, 1997
Resolution 97-28
in Support of the Proposed "Building Community Choices"
Capital Improvement Program Ballot Issues Appearing on the
April 8, 1997 Municipal Election Ballot, Adopted.
The following is staff's memorandum on this item.
"Executive Sumn7ary
On February 4, 1997, City Council placed three capital improvement packages on the April 8, 1997
municipal election ballot in the form of proposed Ordinance Nos. 29, 30 and 31, 1997. Under the
provisions of the Fair Campaign Practices Act, the City Council is expressly permitted to pass a
resohu6on or take a position of advocacy on any local ballot issue.
Ordinance No. 29, 1997 authorizes the extension of a quarter cent sales and use tax for the proposes
of acquiring natural areas, open lands, and trails and the construction of various park and trails
projects. The proposed tax would extend the existing Natural Areas tax which ivas approved by the
voters in 1992 and will expire in December 1997.
Ordinance No. 30, 1997 authorizes the extension of a quarter cent sales and use tax for the purposes
of continuing the Street Maintenance and Overlay Program, and other transportation related
projects. The proposed tax would extend the existing Street Maintenance tax which was approved
by the voters in 1989 and will expire in December 1997.
Ordinance No. 31, 1997 authorizes the extension of a quarter cent sales and use tax for the purposes
of completit7g a variety of coninrru77ity enhancement projects. These projects inchrde improvements
to Prospect Road, Mfl Hill Road and Shields Street; improvements to a Northeast Truck Route;
construction of a new Northside Azllan Center; City/School District Community Projects; all
addition to the EPIC ice arena; library technolo& enhancements; and land acquisition for future
buildings including a library, a performing arts center and a police building. The proposed lax
would extend the existing Choices 95 tax which was approved by the voters in 1989 and will expire
in December 1997.
The proposed resohutio7 supports all three quarter cent sales taxes and urges voters to approve the
ballot issues at the April 8, 1997 municipal election. "
Council Policy Manager Ann Turnquist gave a brief description of this item.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Resolution 97-28.
Al Baccili, 520 Galaxy Court, spoke in opposition of all of the proposed sales tax extensions and
spoke against being taxed on food.
Bob Tueting, 916 Cheyenne Drive, opposed the motion and concurred with comments by Mr.
Baccili.
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March 4, 1997
Diane Teese, 2731 Claremont Drive, Chair of the Parks and Recreation Board, spoke in support of
the motion stating she believed the extensions were necessary for the growth of the City.
Kelly Ohlson, 2040 Bennington Circle, supported the motion. He expressed his support of the
process and emphasized this was not a tax increase but a tax extension.
City Manager John Fischbach responded to Mr. Baccili's concerns and stated that under no
circumstances would taxes be imposed on food.
Councilmember Janett spoke in support of the motion and spoke of the City's tradition of allowing
citizens to decide whether or not to raise or extend taxes.
Councilmember Smith supported the motion stating the final decision would be made by the voters
at the upcoming April election.
Councilmember Apt supported the motion and spoke of how well the improvements were balanced
throughout the community.
The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 97-30
Opposing the Adoption of Citizen Initiated
Ordinance No. 1, 1997, and Directing the City Manager
to Review the City's Current Process for Reviewing Citizen Complaints
Pertaining to Activities of Fort Collins Police Services, Adopted.
The following is staffs memorandum on this item.
"Executive Summary
This Resolution expresses the City Council's opposition to an initiated ordinance that will appear
on the April8, 1997, regidar municipal election ballot. It urges registered electors to not support
passage of the ordinance and directs the City Manager to work with the City Council, staff and the
community to review the existing procedures for handling citizen complaints and provide a report
and any recommended revisions to the City Council no later that: September 30, 1997.
The Resolution contains a number of reasons why the initiated ordinance would not be in the best
interests of the citizens for the City. These reasons may he summarized as follows:
A citizen committee currently exists to review police performance.
Procedures are in place to assist citizens infiling complaints of Police misconduct.
The City Code contains a procedure for revising policies and practicer that may he
warranted as a result of a citizen complaint.
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March 4. 1997
• An independently elected (review) hoard would undermine the responsibility and authority
of the City Council.
• The statutory requirements for amending a home rule charter have not been satisfied.
• A budget and operating funds for the review board would have priority over other City fiscal
needs.
• The duties and functions of the review board would extend to police agencies over which
the City has no control.
• Various provisions of the proposed ordinance raise serious legal questions.
• The duties andfunctions of the review board would con Pict with the responsibilities of the
City Council, Chief of Police Services, and City Manager. "
City Manager John Fischbach gave a brief presentation on this item, noting procedures do exist
regarding complaints of misconduct and stated the Code contains procedures for revising policies
and practices that may occur as a result of a citizen complaint.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
97-30.
John Meleski, 2619 Featherstar Way, questioned if the process were legal.
Henry Novak, 1624 Sagewood Drive, spoke in support of the proposed Citizen Review Board and
briefly outlined the proposal. He commented that he did not believe staff or Council was in support
of placing this issue on the ballot.
Chris Farley, 328 Corbett Hall #A, spoke of the need to address the image of the Police Department.
Michael Bond, 1700 LaPorte Avenue, urged Council to present the issue to the voters.
City Manager John Fischbach refuted comments made by Mr. Novak and explained why the City
and the Police Department representatives did not participate in past forums. He reported an
upcoming debate on this issue would be heard in the Council Chambers which staff and members
of City Council would participate in.
Councilmember Kneeland emphasized that Council fully supported placing the issue on the ballot.
She stated the present motion was whether or not Council endorses the issue. She clarified the
Health and Safety Commissions position was to improve the current process and that the Committee
did not support a citizen review process.
Councilmember Smith supported the motion and stated he also supported having a citizen committee
review police performance but was not satisfied with how the petition was written.
Councilmember Janett expressed concerns regarding language in the petition that would have the
City reviewing the County Sheriff, State Patrol and the CSU Police Departments, which the City
does not have jurisdiction to do. She spoke of the excellent job the Police Department does for the
community.
Councilmember McCluskey supported placing the issue on the ballot.
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March a, 1997
Mayor Azari stated the initiative was an important one to debate and emphasized Council's support
of improving the image of the Police Department image.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager John Fischbach informed Council on steps take to inform youth about the recently
adopted tobacco ordinance, stating a 30 day warning period is being provided.
Councilmember Reports
Councilmember Kneeland reported the Organizational Development Committee met and discussed
issues regarding Council orientation and City Dialogue.
Councilmember Wanner stated the Growth Management Committee met and discussed several
requested zoning changes resulting from the new City Plan.
Councilmember McCluskey stated the Legislative Review Committee met and discussed local
control areas, ie., transportation, camera radar and takings legislation.
Resolution 97-31
Making Findings of Fact and Conclusions Regarding the
Appeal of a Decision of the Planning and Zoning Board Relating
to the Provincetowne Amended Overall Development Plan Appeal Adopted
The following is stafrs memorandum on this item.
"Executive .Sumiam
On February 25, 1997, the City Council voted (3-2) to uphold the December 16, 1996 decision of
the Planning and Zoning Board ("the Board') to approve the Provincetowne Amended Overall
Development Plan (`the Amended ODP ). In order to complete the record regarding this appeal,
the Council should, in accordance with Code Section 2-56(e), adopt a Resolution making findings
of fact to finalize its decision on the appeal.
On December 16, 1996, the Board voted to approve the Amended ODP.
On December 27, 1996, a Notice of Appeal was received by the City Clerk's Office regarding the
Board's decision from the Appellant CDL Partnership. Then, on December 30, 1996, a second
Notice of Appeal was received by the City Clerk's office regarding the Board's decision from the
property owners of the neighbors of the Eagle Tree subdivision, front the property owners of the
Brittany Knolls Subdivision, and from other surrounding area residents ("the Appellants Eagle
Tree ").
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March 4, 1997
On January 28, 1997, the Appellants Eagle Tree filed an Amended Notice of Appeal. Then, on
February 6, 1997, the Appellant CDL Partnership filed its Amended Notice of Appeal.
Both Appellants based their appeals on the grounds set forth in City Code Sections 2-48(b). The
grounds for appeal set forth in this Code sections can be summarized as follows:
• The Board failed to properly interpret and apply relevant provisions of the Code
and Charter (Code Section 2-48[b][1]).
• The Board failed to conduct a fair hearing in that it ereeeded its authority or
jurisdiction as contained in the Code or Charter (Code Section 2-48[b][2]a.).
• The Board failed to conduct a fair hearing in that it substantially ignored its
previously established rules of procedure (Code Section 2-48[b][2]b.).
• The Board failed to conduct a fair hearing in that the Board considered evidence
relevant to its findings which was substantially false or grossly misleading (Code
Section 2-48[b][2]c.).
• The Board failed to conduct a fair hearing in that the Board improperly failed to
receive all available evidence offered by the Appellants. (Code Section 2-
48[b][2]d.).
At the February 25, 1997 hearing on this matter, the City Council considered the testimony of city
staff, the Appellants, and other parties -in -interest. At the conchusion of the hearing, the City Council
determined by a vote of 3 to 2, that the Board's December 16, 1996, decision to approve the
Amended ODP should be upheld "
Mayor Azari and Councilmember Apt withdrew from discussion on this item because they were not
present at the meeting when the issue was discussed.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution
97-31. Yeas: Councilmembers Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 45, 1997,
Amending Chapter 12 of the City Code by the Addition
of Provisions Requiring the Dissemination of Information
Regarding Radon Risk, Testing, and Mitigation by the Sellers
of Residential Real Property. Adopted as Amended on Second Reading,
The following is staffs memorandum on this item.
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March 4, 1997
"EXecutiye Summary
At the ,holy 23 study session, Council directed staff to proceed ivith development of a radon program.
Council also indicated particular concern ahout the actual risk of radon exposure to Fort Collins
residents and the cost/henefii of radon mitigation at point of sale, and requesled more inpud from
environmental groups and the Air Quality Advisory Board. This Ordinance, which was adopted 5-1
on First Reading on Fehruary 18, 1997, and which inchides a minor revision made by staff since
First Reading which stipulates that the huyer, not the seller, will sign the affidavit to affirm receipt
of the information. "
Councilmember Wanner made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
45, 1997 on Second Reading.
Councilmember Smith spoke of the need to effectively pinpoint where radon is located.
Environmental Planner Brian Woodruff clarified this ordinance addresses information that will be
provided to home buyers, at the point of sale, allowing them to have their homes tested and corrected
if radon level were high. He stated the ordinance does not specifically address mapping where the
radon is.
Ralph Waldo, residing at 1406 Twin Oak Court and representing the Fort Collins Board of Realtors,
thanked staff and Council for its attempt to inform the public regarding health and safety issues but
reported that Realtors do provide disclosure forms from sellers to buyers which provides space for
information regarding any knowledge of radon gas or any other hazardous conditions.
Eric Levine, member of the Air Quality Advisory Board, and past member of the radon committee,
stated there needs to be more of an effort to inform the public of the hazards of radon and questioned
why a home seller would disclose any knowledge of radon to a potential buyer.
John Meleski, 2619 Featherstar Way, stated there is no evidence that radon is a health hazard and
stated the Building Review Board did not support the Ordinance.
Kimberly Maevers, representing the Homebuilders Association of Northern Colorado and Director
of Government Affairs, spoke of what is being done at the local and at the national level regarding
radon issues. She urged Council to adopt Ordinance No. 45, 1997 on Second Reading with a
provision that the language regarding the mandate for the signed affidavit be removed.
Phil Kearney, member of the Radon Committee and CSU Physics Professor, spoke of the high levels
of radon readings which currently exist within the City.
John Fooks, Chair of the Air Quality Advisory Board, spoke in support of the motion.
Chris Farley, 328 Corbett Hall #A, spoke of the dangers of radon and supported the motion.
Ralph Waldo, 1406 Twin Oak Court, clarified disclosure statements are required when contracts are
presented when selling a home, noting those requirements are enforced by the Real Estate
Commission.
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March 4, 1997
Councilmember Kneeland offered an amendment to the previous motion, seconded by
Councilmember Smith, to amend Sec. 12-111. Regulation. to read as follows: "Commencitng.hme
4, 1997 every seller should provide radon a formation to the party purchasing sellers property prior
to the execution of any contract for such property. "
Councilmember Kneeland spoke of her reasons for proposing the amendment and of the amount of
conflicting information that has been received.
City Attorney Steve Roy suggested deleting the definitions of affidavit and buyers. Councilmembers
Kneeland and Smith as maker and seconder of the motion, accepted the amendment as friendly.
Councilmember Apt opposed the motion, stating he supported the Air Quality Advisory Board's
recommendation.
The vote on Councilmember Kneeland's amendment to the previous motion was as follows: Yeas:
Councilmembers Azari, Janett, Kneeland, McCluskey and Smith. Nays: Councilmembers Apt and
Wanner.
ILHtIMUSIYEW, _R;1103
The vote on Councilmember Warmer's motion to adopt Ordinance No. 45, 1997 as amended was
as follows: Yeas: Councilmembers Apt, Janett, Kneeland, McCluskey, Smith and Wanner. Nays:
Mayor Azari.
THE MOTION CARRIED.
Items Relating to the New Land
Use Code, Adopted on First Reading,
The following is staffs memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 52, 1997 Amending the Zoning District Map of the City
B. First Reading of Ordinance No. 51, 1997 Repealing Articles I through V of Chapter 29 of
the City Code (Including the Land Development Guidance System) and Readopting Articles
29.1 through 29.5 of Chapter 29 of the City Code as the `Land Use Code "; Estahlishing
Level of Service Standards; and Amending the Code by Establishing Article VI of Chapter
29 as a New Chapter 30, Titled "Capital Improvement Expansion Fees. "
C. First Reading of Ordinance No. 53, 1997 Amending Chapter 2, Article II, Division 3 of the
City Code Pertaining to the Procedure for Hearing Appeals to the City Council.
The City Council recently adopted City Plant as the update to the City's comprehensive Platt. The
Council is now being asked to significantly revise existing land development regulations and enact
a comprehensive rezoning of the City to hegitn the implementation of the City Platt.
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March 4, 1997
Items A and B above involve adopting the new Land Use Code, as well as a new zoning map. By
adopting the Land Use Code (Ordinance No. 51, 1997), the Council will establish new land
development review processes to replace existing "use -by -right " and Planned Unit Development
processes. The new Land Use Code, together with the Multi -modal Level of Service Manual, will
also define new land development regulations that are directly implement the adopted City Plan
Principles and Policies. The adoption of the City Plan Zoning Map (Ordinance No. 52, 1997) will
apply new zoning districts to property within Fort Collins in a manner consistent with the adopted
City Structure Platt. Articles I through V of Chapter 29 will be replaced with the new Land Use
Code. Article ['I of Chapter 29 (pertaining to Capital Improvement Expansion Fees) will he
changed to become a new Chapter 30 of the Code.
In response to direction given at the February 11 Council study session, staff will he presenting
Options to Cotnncil regarding the Compact Urban Growth Policies in Article 29.3 of the City Plan
Land Use Code.
Option 1: Should the contiguity requirements contains in 29.3.7.2 he retained or shuck from
the Code?
Option 2: Should the Adequate Public Facilities requirements contained in 29.3.7.3 he limited
to Transportation facilities only?
Background information on the City Plan Land Use Code, the Multi -modal Transportation Level
of Service Manual and the City Plan Zoning Map, as well as each of the two options outlined above,
is provided in the attached staff report.
Oil February 21, 1997, the Planning and Zoning Board held a public hearing on the proposed
rezoning and Code revisions. The Board voted 7-0 to recommend adoption of the rezoning and
Code revisions to Council A summary of the Planning and Zoning Board's discussion and
recommendation to Council is also attached
Ott February 19, 1997, the City Platt Advisory Committee (CPAC) voted 10-4 to recommend to the
Planning and Zoning Board and City Council that the Land Use Code and the zoning map he
adopted. A letter expressing the CPA recommendation to the Board and Council is also attached.
Item C (Ordinance No. 53, 1997) would make certain changes to the appeals process in Chapter 2
of the City Code to accommodate appeals under the new Land Use Code. These appeals may he
taken not only from decisions of the Planning and Zoning Board, but also from the Director of
Community Planning and Environmental Services or his or her designee. "
Director of Community Planning and Environmental Services Greg Byrne gave a brief staff
presentation on this item and thanked staff for their hard work.
Policy Analyst Tom Vosburg briefly outlined the proposed ordinances reporting that a clean-up
review of the Ordinance has been scheduled for July to work out any problems identified once staff
has had an opportunity to work with the Code.
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March 4, 1997
Chief Planner Ken Waido reviewed the Zoning Map and pointed out areas which may pose potential
problems with the property owners or residents in the surrounding area.
Councilmember Apt spoke of the tremendous amount of community involvement on the Plan stating
he believed the Plan would need further work but stated it was a solid start.
Joan Baez, representing the League of Women Voters, read a statement in support of the Plan and
commended staff for the open process used to develop the Plan.
Cole W. Babcock, representing Ranch Way Inc., spoke of impacts this would have on Ranch Way
Feeds property and requested staff work with his client to try to resolve issues regarding zoning
classification and setbacks.
Kathleen Kilkelly, a Fort Collins resident, disagreed with densities in the L-M-N districts stating she
believed they were still too high and expressed concerns regarding the lack of dedicated open space
in the northeast. She stated the Plan would not work if there isn't a commitment by the City to
provide an adequate transportation system.
Ray Nauta, property owner 1200 East Vine Drive, requested that his property not be rezoned.
Sister Mary Alice Murphy, 1712 Erin Court and Director of CARE Housing, thanked staff and
everyone involved in their efforts on City Plan. She expressed concerns regarding density issues and
its effect on building affordable housing.
Aletha Godwin, President of the Northern Colorado Homebuilders Association of Northern
Colorado, stated that supporting the City Plan document is a vote for no growth and adoption of the
Plan would greatly increase the cost of housing.
Bob Tueting, 916 Cheyenne Drive, opposed the motion.
Michael Bond, Northstar Mobile Home Park manager, 1700 LaPorte Avenue, stated more time is
needed to discuss density issues as it relates to affordable housing.
Eldon Ward, Cityscape Urban Design, spoke of interstate land concerns.
Scott Mason, 861 Sandy Cove Lane, urged adoption of all ordinances for the following reasons;
vision; reduction of urban sprawl; traffic congestion; and enhanced predictability of the new Land
Use Code.
Betty Maloney, member of the Larimer County Affordable Housing Task Force, expressed
frustration regarding constant changes in the Plan, specifically regarding deleting the inclusion of
mobile homes.
Elmer L. Bruney, 14046 West 2nd Avenue, Golden, Colorado and property owner in Fort Collins,
opposed the zoning change to his property stating a zoning change would create a financial burden
in trying to develop the property for the proposed zoning.
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March 4, 1997
Raji Jairum, MBI Corporation, believed adoption of the Plan was too soon, stating there is a need
for additional citizen input.
Jan Cottier, property owner, believed the Land Use Code portion of City Plan was not ready to be
adopted.
Sally Craig, a Fort Collins resident, concurred with comments made by the previous speaker and
expressed concerns regarding the proposed zoning map.
Kimberly Maevers, representing the Homebuilders Association of Northern Colorado and Director
of Government Affairs, thanked staff for all its help but expressed her concerns regarding possible
increase in cost.
Lou Stitzel, TRAC Homes, spoke of the need for cooperation and patience.
Ray Martinez, 4121 Stoneridge Court, thanked staff for all its work and urged caution, flexibility
and care regarding Plan implementation.
Director of Advanced Planning Joe Frank spoke of guidelines that would be followed and of various
alternatives available if a particular project would not meet the standards. He responded to Council
questions and clarified that the additional mobile home parks could not be added to what currently
exists.
Vosburg stated there was a PUD option available through the Land Development Guidance system
to change zonings.
Byrne spoke of the public hearing process available to raise densities or waive other standards in the
Code by a hearing of the Planning and Zoning Board with appeal options to Council.
Waido responded to Council questions regarding the zoning along the 1-25/Highway 14 corridor. He
clarified that public open land zoning district is applied to community scale parks, city parks and golf
courses. He reported that modifications are being made within the L-M-N zone to allow certain uses
considered buffered uses in the 1200 block of Vine Street and spoke of the types of uses that are
allowed within the zone.
Susanne Edminster responded to Council questions and stated development approval is not
contingent upon transit services.
Frank responded to Council questions regarding distances between convenience centers.
Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Ordinance No.
51, 1997 on First Reading.
Vosburg clarified the definition of Adequate Public Facility ("APF") requirements and outlined the
options for contiguity and APF standards.
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March 4, 1997
Raji Jairum, MBI Corporation, spoke in support of "leap frog" development and eliminating the
contiguity requirement.
Michael Bond, Northstar Mobile Home Park manager, 1700 LaPorte Avenue, spoke of his concerns
regarding notices being sent to property owners residing within the Urban Growth Area.
Councilmember Janett supported the motion and spoke of the costs and problems associated with
"leap frog" development.
The vote on Councilmember Apt's motion to adopt Ordinance No. 51, 1997 on First Reading was
as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner, to adopt Ordinance No.
52, 1997 on First Reading.
Councilmember McCluskey opposed the motion and emphasized the need to continuing working
property owners who are not aware of what is happening.
Councilmember Kneeland opposed the motion, stressing the need to resolve land -use issues before
adopting the Ordinance.
Councilmember Apt urged adoption of the motion and stated there was flexibility for transitioning
provided for landowners.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Smith and Wanner. Nays: Councilmembers Kneeland and McCluskey.
THE MOTION CARRIED.
Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
53, 1997 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Nays: None.
THE MOTION CARRIED.
After further discussion, City Manager John Fischbach confirmed publication of changes would be
made available before second reading of the ordinances are considered.
Items Relating to the Timberline Extension Project,
Adopted as Amended on First Reading,
The following is staff's memorandum on this item.
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March 4. 1997
"Financial Impact
The budget for the Timberline Road Extension is $7.58 million. The preliminary project cost
estimate currently includes a $243, 000 contingency, which more typically would be 10% of the total
project cost, or $750,000. Staff will revise the cost estimate once the design is completed, a
contractor is hired, and the right of way is acquired. If at that time the contingency is too low, the
City Manager will present to the City Council ftntding alternatives.
Executive Sunun=
A. Resohltion 97-32 Directing City Staff to Proceed With the Final Design and Construction
of the "Timberline Extension --Prospect to Summit View" Choices 95 Capital Streets Project.
B. Resolution 97-33 Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands
Necessary for the Construction of the Timberline Extension Project.
Staff and consultants have completed the prelinnnaty design and an extensive public participation
process over the last six months. The preliminary design has been presented to the City advisory
boards and committees, Counttyside Neighborhood Association, Sierra Club, Chamber of
Commerce, property owners, ditch companies, Wilily companies, City employees, and to interested
citizens at several open houses. The attached Preliminary Design Report documents the
improvements being made to respond to the input received and to mitigate the impacts of the
roadway exterusiott and the bridge over the Poudre River. Attached to the report is the Preliminary
Design Cost Estimate, the Public Participation Process since Jute 1996, the Timberline Alignment
Map, andMimttesfrom Boards atud Commissions. The final d(,,sigrt, righl of way acquisition, arrd
contractor selection will be slcttted in March and completed by August. Construction will be started
in September and completed in the fall of 1998.
The design and construction of Timberline is being coordinated with four other City projects:
1) Dry Creek Channel improvements are being constructed by the Water Utilities as part of the
Dry Creek Basin Master Plan.
2) Replacement of approximately 1,500' of asphalt trail along the Poudre River with a concrete
trail by Parks and Recreation as defined in the Cultural, Library, and Recreational Services'
capital improvement plan.
3) Installation of street lighting and a major electrical duct bank along Timberline by Light and
Power.
4) Acquisition by Community Planning and Environmental Services of the Smiles property,
approximately 100 acres just south of the Poudre River on both sides of Timberline, for a
natural area. The area is covered by "sugar lime " and will he restored and landscaped by
the Natural Resources Department in stages over a number of years.
While Council identified the following possible enhancement at its January 28 study session, these
items are not included in the base project of $7.58 million.
• Building the Mulberry and Timberline Intersection to four lanes using asphalt pavement for
an additional $60,000.
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March 4, 1997
• Paving the four lane intersection with concrete pavement for an additional $140,000 to
$370, 000 depending upon the extent of the concrete pavement.
• Adding landscaping possibly in the area from Lincoln Avenue south to the bridge for an
additional $145, 000.
The City will need to acquire eighteen parcels of right of way before the Timberline Road
Extension and the Dry Creek Channel can be constructed. The City has the power to use eminent
domain to acquire property from owners when an agreeable settlement can not be reached. The
approval of this resoludion will authorize the use of the eminent domain process only as needed to
keep the Timberline and Dry Creek projects on schedule. Based on past experience, staff anticipates
that most if not all of the right of way will be acquired by appellants and parcels will only be
acquired by eminent domain if negotiations are unsuccessful.
BACKGROUND:
The extension of Timberline Road north from Prospect, crossing the Poudre River and tying into
Summit View Drive north of Mulberry has been shown on the Master Street Plan for the City of Fort
Collins since the mid 1980's. Funds for right -of -Way acquisuhon for the Timberline Extension were
approved by voters in 1984, and funds for design and construction were approved as part of the
Choices 95 capital improvements program in 1989. Construction of the Choices 95 construction
project was originally scheduled for 1996 and 1997.
In June 1996, staff and consultants presented a Final Report which summarized the outcome of can
extensive environmental analysis and public participation process. The process connsidered three
alternatives including the "no -build" alternative. The Final Report recommended the design and
construction of Timberline along the alignment referred to as Ahernative "C. " Council approved
Resolution 96-70 authorizing staff to proceed with preliminary design and right-of-way acquisition
for Alternative "C. " (See Map in attached Preliminary Design Report)
Since June 1996, staff has completed the preliminary design and an extensive public participation
process. The preliminary design incorporated the input received during the public participation
process, the design guidelines currently being prepared for the River Corridor as a part of City
Plan, Parks and Recreation Policy Plan, and the new street standards. The Timberline Road
Extension is a key element of the proposed CityPlan, since it will serve as the primary access to the
proposed northeast activity center. The design and construction: of Timberline is being coordinated
with four other City projects as stated above in the executive summary.
The Dry Creek Basin Master Plan identified all open channel to collect and convey major storm
runofff•om the College Avenue Corridor to the Poudre River. The Water Utilities will construct the
first phase of the Dry Creek Channel in co junction with the Timberline Road project. The channel
will be constructed along the west side of Timberline Road from the Poundre River north, under
Mulberry Street and Lincoln Avenue via culverts, ending at the northeast corner of the Downtown
Aupark. The Dry Creek Basin has su ffucient funds available to pay for costs associated with right-of-
way acquisition, and design of the improvements. Prior to completion of the final design of the
project, the Water Utilities will forward a recommendation for additional monies for the
construction of those improvements. This is the first phase of a multi year project 10 construct the
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March d, 1997
Dry Creek Basin drainage improvements over the next several years, and the timing of those
improvements will depend on development in the area and the availability of funds.
The City has only recently begun negotiation to acquire the right of way needed for the Timberline
Road Extension and the Dry Creek Channel. To date ive have not reached agreement with any of
the property owners. The City is offering to pay for the required right-of-way and easements at
valves based on individual appraisals and negotiations. The City is also offering to pay far any
damages to the remainder of the property (damages such as loss of vahze or use), again based on
the appraisals and negotiations. As a cost to the project the City will restore landscaping, parking
lots, and driveways disturbed by construction.
Based on starting construction in September and the amount of time required for eminent domain
proceedings, it is necessary to take the first steps in the eminent domain process while negotiations
are still underway. City Council is being asked to authorize eminent donnain proceedings
(Resolution 97-33) for the 18 parcels in order to allow legal proceedings to begin as needed to
maintain the project schedzdc. Staff ivill continue to work with the property owners to reach good
faith negotiated settlements. Based upon our experience with ROW acquisition on other projects,
staff considers it unlikely that more that one or tivo parcels will have to be acquired by eminent
domain.
Specifically described parcels for right-of-way have been identified, and will be acquired from the
following property owners:
Timberline Lakes, LLC
John Ferric
Eileen and Doyle Duin
Allen and Joan Winter
Multim Ltd.
George Hilyard
Robert Humphrey, MD.
John Borman and T J. Gleason
First Interstate Bank - Three Parcels
Darrel Sknrich
Sam G. Hamblen - Trustee
J&E Enterprises
Richard and Martha Bartlett - Trust
E.H. and Patricia Barker
Fort Collins Industrial & Technical Park
L. W. Riddell"
Transportation and Operations Group Leader Gary Diede gave a brief staff report and slide
presentation. He clarified adoption of the Resolution would approve building the roadway without
additional enhancements.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 97-32.
Councilmember McCluskey offered an amendment to include building the Mulberry and Timberline
Intersection to four lanes using asphalt pavement for an additional $60,000. Councilmember Smith
accepted the amendment as a friendly amendment to his previous.moti6n. _
Ramon Ahjero, 3712 Soderburg Drive, representing the Poudre Canyon Sierra Club spoke in
opposition of the motion.
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March 9, 1997
Larry Johnston, 2707 Silvercreek Drive, thanked staff for their hard work on the design and
landscaping of the project. He urged Council to adopt the Resolution.
Kathleen Kilkelly, 920 Iverness Road, opposed the motion and stated building a new road would not
solve transportation problems.
Nancy York, a Fort Collins resident, spoke in opposition of the project.
Mike Buderus, 2813 Adobe Drive, representing Airpark Business owners spoke in support of the
project and urged its adoption.
The vote on Councilmember Smith's motion to adopt Resolution 97-32 as amended was as follows:
Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
U1101 u 6 mlff t l�lG
Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt Resolution
97-33. Yeas: Councdmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays:
None.
YY'tI��C�TI1T[ia�7�:iil�1►7
Other Business
Councilmember Janett requested a 2 page memo addressing using wheeled vehicles on the Cathy
Fromme Prairie.
Councilmember Smith requested a 2 page memo regarding nicotine substitutes for people with
addiction to tobacco.
The meeting adjourned at 1:30 a.m.
ATTEST:
City Clerk
Adjournment
341