HomeMy WebLinkAboutMINUTES-02/07/1995-RegularFebruary 7,1995
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, February 7,
1995, 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. Councilmember Absent: None.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the City Manager
selection process.
Joe Stern, 421 South Howes, spoke of gun control concerns and requested an amendment to
' Resolution 93-12 which was adopted in January of 1993, supporting community efforts
addressing violence.
A] Bacilli, 520 Galaxy Court, believed the City Manager should be hired from within the
organization and opposed the costs involved with the recruitment process.
Citizen Participation Follow -Up
Councilmember Apt responded to Mr. Ohlson's concerns and stated he believed the process is
to informal and stated the subcommittee is taking steps to remedy the situation.
Mayor Azari responded to Al Bacilli's comments and noted Council could reconsider
Resolution 93-12 during the Other Business portion of the meeting and emphasized the
importance of the role of the citizen committee in the City Manager search process. She
clarified internal employees were welcome to apply for the position.
Agenda Review
Interim City Manager Diane Jones stated a revised Item #25, Items Relating to a Citizen
Initiated Ordinance Relating to Increasing the City's Debt and Sales Tax for Development of
Parks and a Second Ice Arena, was included in Council's packet, and stated there was an
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additional ordinance (Option B) regarding Item #28, Items Relating to the Downtown Community '
Center, in Council's packet.
City Clerk Wanda Krajicek stated staff requested Item #27, Resolution 95-23 Approving the Position
Profile and Recruitment Specification for the City Manager Position, be postponed, noting staff
requested Council provide them with additional information under the Other Business portion of the
meeting regarding the position advertisement.
John Meleski requested that Item #8, Second Reading of Ordinance No. 189, 1994 Amending Section
5-27 of the Code of the City of Fort Collins Regarding Roof Covering Requirements, be withdrawn
from the Consent Calendar.
***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 #21, Public Pulled Consent Items.
Second Reading of Ordinance No. 189, 1994 Amending Section 5-27 of the Code of the City I
of Fort Collins Regarding Roof Covering Requirements.
In September, 1994 the City of Fort Collins Natural Resources Advisory Board voted to
support the Class A roofing standard as proposed by staff. At the November 17 Health and
Safety Committee meeting, staff was given approval to proceed with the proposed ordinance.
Finally, the Building Review Board voted to support the Class A standard (Option A) at its
December I meeting. Ordinance No. 189, 1994, which was unanimously adopted on First
Reading on December 20, 1994, bans the use of wood shake shingles in Fort Collins, unless
the homeowner uses the appropriate underlayment to qualify as a Class A assembly.
Since the First Reading of Ordinance No. 189, 1994, staff has made two changes to the
proposed ordinance. The first change is granting an exception for historical buildings.
Buildings designated as a local or state landmark or listed on the National Historical Registry
will be allowed to use Class "C" roof covering material. Staff believes that these types of
buildings are wide -spread and few in number. The Landmark Preservation Commission will
make determinations on eligibility of other structures. The Landmark Preservation
Commission approved this change.
The second change made to the proposed ordinance is an extension of the date by which Class
"A" materials must be used on reroofing. As Council may recall the original date was '
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midnight December 31, 1999. The new date is midnight, December 31, 2014. This extension
will allow the homeowner to get the full life cycle use of a roof. The extension also mandates
Class "C" material for reroofing until the extension deadline.
Second Reading of Ordinance No 5 1995 Amending Section 2-53 of the Code of the City by
Deleting "Detailed Minutes" from the Record Provided to City Council on Anneals
As part of the preparation for Council hearings on appeals to decisions of the Planning and
Zoning Board, the City Code requires that three information items be forwarded to
Councilmembers in addition to the appeal document and staff response:
1. A video tape of the P&Z Board hearing;
2. Detailed minutes from the same meeting; and,
3. A verbatim transcript of the same meeting.
Each of these items represent different forms of the same information and, therefore, are
redundant. This is especially true of the detailed minutes and verbatim transcripts.
This Ordinance, which was unanimously adopted on First Reading on January 17, 1995,
removes the requirement for detailed minutes and limits the informational material from the
Planning and Zoning Board hearing to a video tape and verbatim transcript.
10. Second Reading of Ordinance No 6 1995 of the Council of the City of Fort Collins
Amending Section 28 17 of the Code of the City of Fort Collins Relating to Changes in the
Statutory Citation Numbers in the "Model Traffic Code for Colorado Municipalities" 1277
Edition
In its 1994 legislative session, the Colorado General Assembly adopted Senate Bill 94-001
which recodified the laws pertaining to vehicles and traffic in Title 42 of the Colorado Revised
Statutes, resulting in a renumbering of most statutory citations. As a consequence, it is
necessary to amend the 1977 Edition of the Model Traffic Code for Colorado Municipalities
as incorporated into the City Code in order to change the numbering of the various statutory
citations found in the Model Traffic Code. These amendments do not substantively change
the provisions of the Model Traffic Code. They are simply housekeeping changes to amend
the statutory citation numbers in the Model Traffic Code to bring them in conformance with
the new numbering of the State statutes in Title 42 of the Colorado Revised Statutes.
Ordinance No. 6, 1995 was unanimously adopted on First Reading on January 17, 1995.
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February 7, 1995
11. First Reading of Ordinance No. 7. 1995, Appropriating Prior Year Reserves.
Funds were appropriated in 1994 for specific purposes as described below, but not spent. The
unspent funds were added to the reserves at the end of 1994. Appropriations were typically
not spent because there was not sufficient time to complete bidding in 1994, and thus there
was no known vendor or binding contract to encumber the funds for expenditure in 1995.
This ordinance reappropriates the 1994 funds for the same uses as were originally approved
by Council in 1994.
12. First Reading of Ordinance No 8 1995 Appropriating Unanticipated Revenue From the
Colorado Division of Criminal Justice for Fort Collins Police Services' Larimer County Multi
jurisdictional Project
For the past seven 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 and
Larimer County Sheriffs Department in one application for funding for our multi -
jurisdictional task force.
The total task force budget is $293,459. The federal grant provides $116,439. The three '
participating agencies provide matches totalling $177,020 in the form of existing funding.
Fort Collins Police Services' share of the award is $47,000 and the City's portion of the match
is $85,054. This match is met by applying the already budgeted salary and fringe benefits of
an existing police officer and Secretary I, who are assigned to the drug task force via the
Special Investigations Unit (SIU).
13. Items Relating to Traffic Signal Construction at the Intersection of U.S. Highway 287 and
Fossil Creek Parkway,
A. Resolution 95-11 of the Council of the City of Fort Collins Authorizing the Mayor to
Execute an Intergovernmental Agreement with the Colorado Department of
Transportation for the Purpose of Constructing a Traffic Signal at the Intersection of U.S.
Highway 287 and Fossil Creek Parkway.
B. First Reading of Ordinance No. 10, 1995 Appropriating Unanticipated Revenue in the
Transportation Division Portion of the Transportation Services Fund
The City of Fort Collins, in cooperation with the Colorado Department of Transportation
(CDOT), has identified the need for a traffic signal at the intersection of U.S. Highway 287
and Fossil Creek Parkway. The City's Transportation Department has prepared a construction '
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February 7, 1995
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estimate based on a full recovery of costs associated with the construction work. CDOT has
agreed to this cost estimate.
The City of Fort Collins has historically built, operated and maintained the traffic signals
within the urban area. This fact has allowed the City to maintain the assurance of high quality
workmanship and compatibility with the Master Traffic Control Computer System.
Throughout many federal signal projects that the City has completed, CDOT recognized the
fact that the City of Fort Collins is in an excellent position to conduct this work as a contractor
to the State. In October of 1993, the City entered into an agreement to build three signals on
US Highway 287. The signals will be constructed in 1995.
14. Resolution 95 12 Adopting the Recommendation of the Cultural Resources Board Regarding
Fort Fund Disbursements.
This Resolution disburses funds from the City's Cultural Development and Programming
Account.
15. Resolution 95 13 Authorizing the Moor To Enter Into an Agreement for the Construction of
Phase I of the Downtown Railroad Track Consolidation Proiect.
' The Downtown Railroad Track Consolidation project has been broken into three phases for
construction. Phase I will be built in August and September of 1995. Phases II and III will
be started in September 1995 and completed by August 1996.
The scope of Phase I is to consolidate the Burlington Northern Railroad (BNRR) and Union
Pacific Railroad (UPRR) on to the BNRR's track from just east of Lemay Avenue to just
north of Mulberry Street (Highway 14). The UPRR track (the one closest to Riverside) will
be removed between Lemay and Mulberry and the UPRR crossing will be removed from both.
Lemay and Mulberry. This will allow Riverside Avenue to be widened in the future to include
sidewalks, bikelanes, and landscaping. New railroad signals with gates and concrete railroad
crossing material will be installed on the remaining BNRR crossing at both Lemay and
Mulberry. This will improve safety and ride quality across the railroad crossing for motorists
on Mulberry and Lemay. Cost for Phase I is $694,000.
16. Resolution 95 14 Approving the "Watershed Approach" to Stormwater Quality Management,
The Stormwater Utility is formalizing its approach to Stormwater Quality, an action item
included in the "Framework for Environmental Action", and a future federal and state
permitting requirement. The Resolution adopts this approach which recognizes the
Stormwater Utility as the lead department in this environmentally holistic and departmentally
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February 7, 1995
integrated framework. It ensures that the protection of water and associated environments is '
fully incorporated into the Stormwater Utility's work protecting public safety and property.
17. Resolution 95-15 Authorizing the City Manager to Enter into a Lease Agreement with Tom
and Catherine Pryor for the Real Property and Improvements at 7213 South Lemay Avenue
On January 17, the City Council adopted Resolution 95-8 authorizing the City Manager to
enter into a six-month lease agreement with Tom and Catherine Pryor (the "Pryors") for rental
of a single-family residence, garage, surrounding yards, and driveway. The Pryors have
requested that in lieu of a security deposit, they will complete restoring the walls in the master
bedroom. This is a reasonable request and, since it is a substantive change to the lease
agreement attached to Resolution 95-8, the Council needs to reapprove the lease. The
Resolution now before Council contains language that would allow the Interim City Manager
to approve further changes to the lease although none are anticipated.
18. Resolution 95-16 Supporting the Increase of Transportation Funding by the Colorado General
Assembly and Maintaining the Distribution Formula of 60% State 22% Counties and 18%
Municipalities.
Colorado law provides for the creation of the Highway Users Tax Fund (HUTF) which is '
funded mostly from the State Motor Fuel tax. HUTF monies are used for State Patrol and
administrative purposes as well as for highway/street maintenance and construction. These
off -the -top moneys diverted to non -construction purposes have grown to approximately $80
million in 1994, and are estimated to reach $86 million in 1995.
The challenge to reduce this diversion has in the past been two -fold: the philosophical debate
about how closely these state administrative activities are related to highway activities; and
the challenge of finding replacement monies.
SB 95-47 approaches these issues in a new way. It does not move the State Patrol and
administrative activities out of the HUTF, but rather transfers General Fund monies into
HUTF in ever-increasing amounts until the administrative activities of HUTF are fully funded
by the General Fund over a three-year phase -in period. With the state's estimates of General
Fund revenue substantially up this year, General Fund monies appear to be available.
The bill requires that the HUTF monies released be allocated among the state, counties, and
municipalities in the same manner that HUTF monies are normally distributed, 60% state,
22% counties, and 18% municipalities.
19. Resolution 95-17 Making Appointments to the Cable TV Board and the Community
Development Block Grant Commission. '
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February 7, 1995
A vacancy currently exists on the Cable TV Board due to the resignation of Russell Legg.
Councilmembers Kneeland and Azari reviewed the applications on file and are recommending
Ernie Powell be appointed to fill the vacant term which expires July 1, 1995.
A vacancy also exists on the Community Development Block Grant Commission due to the
resignation of Margarette Michaux. After reviewing the applications on file, Councilmembers
McCluskey and Smith are recommending Dale White be appointed to fill the vacant term
which expires July 1, 1998.
20. Routine Deeds and Easements.
A. Deed of Easement from Geneva Homes for utility purposes located on the west end of
Lot 10 in Stone Ridge 2nd, 3330 Creekstone Drive. Monetary consideration $10.
B. Deed of Easement from Oak Farm Inc. for the purpose of temporary storm drainage
located at the west "Harmony Fork." Monetary consideration $0.
C. Deed of Easement from Sundance Hills for drainage and utility purposes located just
south of Willox Lane on Redwood Street including the lots along the west side of
Greenbriar Village P.U.D. Monetary consideration $10.
D. Deed of Easement from Dennis M. Smilie for the purpose of drainage and access located
on Lot 6 of Block 4 of Evergreen Park which is between Redcedar Circle and Blue
Spruce Drive just north of Conifer Street. Monetary consideration $10.
E. Deed of Easement from Oak Farm Inc. for storm drainage, slope, utility, and
construction. The easements are located on the east side of Timberline Road just
northwest of Milestone Drive. Monetary consideration $0.
F. Deed of Easement from George A. Holter for drainage purposes located on Lots 4 and
5 of Boardwalk Crossing which is just southwest of Boardwalk Drive and South College
Avenue. Monetary consideration $0.
G. Deed of Easement from George A. Holier for the purpose of pedestrian access located
on Lot 5 of Boardwalk Crossing which is just southwest of Boardwalk Drive and South
College Avenue. Monetary consideration $0.
H. Deed of Easement from George A. Holter for the purpose or access located on Lot 5 of
' Boardwalk Crossing which is just southwest of Boardwalk Drive and South College
Avenue. Monetary consideration $0.
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February 7, 1995
I. Deed of Easement from Dan Eckles for the purpose of storm drainage, slope, utility, and '
construction. The Easements are located on the east side of Timberline Road just north
of Caribou Drive. Monetary consideration $0.
Deed of Easement from Oak Farm Inc. for the purpose of storm drainage, slope, utility,
and construction. The Easements are located on the east side of Timberline Road just
north of Summerstone Court. Monetary consideration $0.
K. Deed of Easement from Robert J. Scavo for access and utility purposes located at the
northwest comer of West Horsetooth Road and Taft Hill Road. Monetary consideration
$0.
L. Powerline Easement from Lloyd R. and Helen C. Fagenbush, 809 West Mountain,
needed to underground existing overhead electric services. Monetary consideration:
$10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No 189 1994 Amending Section 5-27 of the Code of the City
of Fort Collins Regarding Roof Covering Requirements.
9. Second Reading of Ordinance No 5 1995 Amending Section 2-53 of the Code of the City by '.
Deleting "Detailed Minutes" from the Record Provided to City Council on Appeals
10. Second Reading of Ordinance No 6 1995 of the Council of the City of Fort Collins
Amending Section 28-17 of the Code of the City of Fort Collins Relating to Changes in the
Statutory Citation Numbers in the "Model Traffic Code for Colorado Municipalities" 1977
Edition.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
11. First Reading of Ordinance No 7 1995 Appropriating Prior Year Reserves
12. First Reading of Ordinance No. 8 1995 Appropriating Unanticipated Revenue From the
Colorado Division of Criminal Justice for Fort Collins Police Service ' Larimer County Multi -
jurisdictional Project,
13. First Reading of Ordinance No 10 1995 Appropriating Unanticipated Revenue in the
Transportation Division Portion of the Transportation Services Fund
28. Items Relating to the Downtown Community Center. ,
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A. First Reading of Ordinance No. 11, 1995 Authorizing the Sale of the Downtown
Community Center.
B. First Reading of Ordinance No. 12, 1995 Appropriating Unanticipated Revenue in the
Capital Projects Fund from the Sale of the Downtown Community Center.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not pulled from the Consent Calendar. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCloskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 189,1994
Amending Section 5-27 of the Code of the
City of Fort Collins Regarding Roof Covering Requirements, Adopted
The following is staff's memorandum on this item.
"Executive Summary
' In September, 1994 the City of Fort Collins Natural Resources Advisory Board voted to support the
Class A roofing standard as proposed by staff. At the November 17 Health and Safety Committee
meeting, staff was given approval to proceed with the proposed ordinance. Finally, the Building
Review Board voted to support the Class A standard (Option A) at its December I meeting.
Ordinance No. 189, 1994, which was unanimously adopted on First Reading on December 20, 1994,
bans the use of wood shake shingles in Fort Collins, unless the homeowner uses the appropriate
underlayment to qualify as a Class A assembly.
Since the First Reading of Ordinance No. 189, 1994, staff has made two changes to the proposed
ordinance. The first change is granting an exception for historical buildings. Buildings designated
as a local or state landmark or listed on the National Historical Registry will be allowed to use
Class "C" roof covering material. Staff believes that these types of buildings are wide -spread and
few in number. The Landmark Preservation Commission will make determinations on eligibility of
other structures. The Landmark Preservation Commission approved this change.
The second change made to the proposed ordinance is an extension of the date by which Class "A"
materials must be used on reroofing. As Council may recall the original date was midnight
December 31, 1999. The new date is midnight, December 31, 2014. This extension will allow the
homeowner to get the full life cycle use of a roof. The extension also mandates Class "C" material
for reroofing until the extension deadline. "
February 7, 1995
t
Fire Marshal Mike Pretz responded to Council questions and spoke of the changes made to the
ordinance between first and second reading. He reported that the date extending reroofing had been
changed.
Rick Whitworth, insurance representative, spoke of roof replacement costs and coverages on
homeowner policies.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 189, 1994 on Second Reading.
Richard Bostead, Latimer County resident, spoke in support of the Poudre Fire Authority's
recommendation and supported the motion. He stated the reputation of the Poudre Fire Authority
extends beyond the Front Range and Rocky Mountain region.
Jeff Bridges, 725 Mathews representing the Centennial/Eastside Neighborhood, supported the
ordinance and commented on the public process involved in amending the ordinance. He stated the
Fire Authority has taken a progressive approach regarding the preservation of historic structures.
Ron Cline, Larimer County resident residing in Berthoud, opposed the ordinance and spoke of flaws
in the process. '
Michael Howell, Chief Technical Advisor to the Clark Group, spoke in opposition of the proposed
Class A roofing standard and spoke of the various tests conducted by the Clark Group on cedar shake
shingles. He urged Council to reconsider its decision.
Mark Meleski, 728 Duke Square, opposed the ordinance and spoke of reasons for supporting wood
roofing products. He stated adoption of the ordinance would significantly increase the costs of
construction, reroofing and remodeling.
John Meleski, 414 Buckeye Street, commended staff for its efforts but opposed the ordinance.
Don Griffith, Fort Collins resident and member of Larimer County Emergency Services Latimer
County Sheriff's Department, supported the ordinance.
Jeff Robinson, CSU master's program student, opposed the ordinance.
Jo Carney, representing the local Homebuilders Association, opposed the ordinance and government
dictating and limiting choices, she urged adoption of the Class C requirement.
Dale Kirkley, 3020 West Prospect Road, urged Council to support the Class C requirement and
spoke of regulations regarding the distancing of mobile homes. ,
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February 7, 1995
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Bret Harris, representing Mile -Hi Roofing Materials of Loveland, supported Class C ratings.
Dennis Mossbarger, Vice-president and General Manager of Mile -Hi Roofing Materials, opposed
the motion and spoke of his reasons for supporting Class C.
Tom Sealey, representing the Cedar Shake and Shingle Bureau, urged Council to review the tests
and support Class C, he commented that he believed Class A was an overkill.
Pretz clarified residents living in the unincorporated area of Larimer County are not subject to the
ordinance. He spoke of the methods that will be used to ensure that roofing suppliers, contractors,
homeowner's associations and all other affected parties would be informed of changes to the Code.
Mr. Whitworth responded to Council questions and stated roofs with Class A ratings would carry
a lower insurance premium.
Mayor Azari summarized objections raised: 1) over regulating, 2) raising costs, 3) false or
incomplete information received and 4) by adopting Class A, choices would be limited and
renewable resources would be restricted.
' Councilmember Apt supported the motion, and commented he had hoped implementation would
occur sooner.
Councilmember Smith reluctantly supported the motion and commented he believed the data to be
not specific to Colorado's climate.
Councilmember McCloskey spoke of the need and difficulty in educating the public about changes
to roofing requirements.
Councilmember Wanner supported the motion and believed it to be a low cost solution to the
problem.
Mayor Azari spoke of the need for additional outreach and of the need to considered properties
annexed into the City in the future.
The vote on Councilmember McCluskey`s motion was as follows Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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February 7, 1995
Councilmember Reports I
Councilmember McCloskey reported that a traffic signal at the intersection of Highway 287 and
Fossil Creek Parkway would be completed in 1995.
Councilmember Apt gave a brief report on the Growth Management Committee meeting.
Councilmember Janett reported that there would be a Fort Collins/Loveland Corridor Area Plan
meeting hosted by the Larimer County Commissioners. She briefly outlined the Smart Growth
Development Conference she recently attended.
Councilmember Smith spoke of a meeting of the NFRT&AQ commenting light rail transportation
issues were discussed.
Mayor Azari reported that she recently attended the U.S. Conference of Mayor's.
Resolution 95-18
Making Findings of Fact and Conclusions
Regarding an Appeal from the Decision
of the Planning and Zoning Board Denying an '
Application to Amend the Spring Creek Farms PUD
Amended Overall Development Plan, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
On November 28, 1994, a Notice of Appeal was received by the City Clerk's office regarding the
November 14, 1994 decision of the Planning and Zoning Board to deny a proposed amendment to
the Spring Creek Farms PUD, Amended ODP. The appeal was filed by Marilyn Pullin, Susan
Wholey and Bill Warren.
On January 17, 1995, the City Council voted 3-3 on the appeal. This tie vote resulted in the decision
of the Planning and Zoning Board being upheld. In order to complete the record regarding this
appeal, the Council should adopt a resolution making findings of fact and finalizing its action on
the appeal.
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BACKGROUND:
The appellants' notice of appeal alleged that the Planning and Zoning Board failed "to properly
interpret and apply relevant provisions of the Code and Charter [Section 2-48(I)]. " Specifically,
they contended:
That the Board did not properly interpret the Land Use Policies Plan: policies 3d, 12, 22, 64,
79a, 79b, 79d and particularly policy 75.
The appellants contended that Policy 75, which requires a mixture of housing densities within
a development, was met by providing patio homes in the area requested for the amendment.
2. That the Board failed to properly interpret and apply Section 29-526F(3)(d), (e) and (f) of the
Land Development Guidance System (LDGS) relating to amendments of ODPs.
The appellant asserted that the requested amendment was more appropriately a "minor
change " as defined by the Land Development Guidance System (LDGS) and should have been
granted approval under the referenced citation.
' 3. That the Board failed to properly interpret Chart A-1 of Section 29-526(D)(2) of the LDGS.
The appellant contended that the requested amendment met the requirements of the
Community -wide criteria of the All Development Criteria chart of the LDGS and should have
been granted approval.
At the January 17, 1995 hearing on this matter, Council considered testimony of the City staff,
appellants, attorney for the applicant and the applicant. In subsequent discussion, the Council was
unable to reach a majority decision regarding the appeal. Consequently, the Resolution would
uphold the Planning and Zoning Board's decision and deny the appeal. "
Councilmember Wanner withdrew from discussion on this item because he was not present at the
meeting which the appeal was originally heard.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Resolution 95-18. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey and Smith.
Nays: None. (Councilmember Wanner withdrawn)
THE MOTION CARRIED.
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Items Relating to a Citizen Initiated Ordinance '
Relating to Increasing the City's Debt and Sales Tax for .
Development of Parks and a Second Ice Arena, Adopted as Amended
The following is staff's memorandum on this item.
"Executive .Summary
A. Motion to Accept City Clerk's Certification of the Initiative Petition Pertaining to Increasing
the City's Debt and Sales Tax for Development of Parks and a Second Ice Arena.
B. Resolution 95-19 Submitting a Citizen Initiated Ordinance to a Vote at the Regular City
Election of April 4, 1995.
On January 25, 1995, the City Clerk received a petition requesting that Council submit a Citizen
Initiated Ordinance relating to increasing the City's debt and increasing the sales tax by one -quarter
percent to fund development of the Southwest Community Park/Youth Sports Complex and Fossil
Creek Community Park, construction of a second ice arena and a covered activities center, and
acquisition of water rights for such purposes.
The City Clerk verified that the petition contained sufficient signatures for presentation of the '
petition to Council and to require submission of the measure to a vote of the people at a Regular
Municipal Election. The petition contains the signatures of at least 969 registered city electors,
which is 10% of the total number of ballots cast at the 1993 regular city election.
Article X of the City Charter requires that the Council either adopt the Citizen Initiated Ordinance
without change within 30 days of the date of the presentation of the City Clerk's certification of a
valid petition to the Council, or submit it to a vote at a Regular Municipal Election. Because of the
fiscal nature of the measure, Council does not have the option of adopting the ordinance and must
place it on the ballot to meet the requirements of Article X, Section 20 of the State Constitution.
The Resolution would submit the Citizen Initiated Ordinance to the voters at the regular municipal
election scheduled for April 4, 1995. "
Councilmember Smith made a motion, seconded by Councilmember Apt, to accept the City Clerk's
certification of the petition. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Nays: None.
THE MOTION CARRIED.
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City Attorney Steve Roy briefly explained the process for submitting the ordinance to the April 4
election. He stated Council has no alternative but to place the item on the ballot.
Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt Resolution
95-19.
Patrick Quadrel, a Fort Collins resident, questioned why the City paid for plans of the proposed park
site when it was a citizen initiated petition. He emphasized that Choices 95 recommended a 3
million dollar budget for a sports complex, and noted the citizen initiated petition for the complex
would result in a final cost of 73 million dollars.
Director of Cultural, Library and Recreational Services Mike Powers stated the $50,000 was used
for preliminary plans for various proposed parks, including an update of the Fossil Creek design.
He stated the approved Choices 95 funds were specifically set aside for the purchase of land.
City Attorney Steve Roy stated the legality of the ordinance can not be addressed unless or until it
is approved by the voters.
Bruce Lockhart, 2500 East Harmony Road, expressed concerns regarding the wording of the petition,
stating it was not clear how much money would be raised or how much the park would ultimately
cost. He stated although Council members are obligated to put the issue on the ballot, they should
them to vote against it.
Faun Meyer, 2902 Blue Leaf Drive, spoke of the funds set aside in Choices 95 to be used for
development, and spoke of trust fund concerns. She requested information regarding how the dollar
amount for the project was determined.
Jim Dwyer, 2607 Silver Creek Drive, spoke of the need for additional sports facilities.
Bill Nusbaum, 4525 Vista Court, stated there was a definite need for additional recreational facilities.
Al Bacilli, 520 Galaxy Court, spoke in opposition of the proposed tax increase.
Rick Zier, attorney presenting the petitioners, stated he believed the petition represented complete
compliance with the Parks and Recreation Master Plan, and spoke of the reasons for selecting the
location of the proposed park site.
Councilmember McCluskey spoke of the need for parks and supported letting the public decide how
parks are paid for.
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February 7, 1995
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari, '
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Items Relating to the Fort Collins
Congestion Management Plan.. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 95-20 of the Council of the City of Fort Collins Amending the "Transportation
Section" of the "Goals and Objectives" of the City.
B. Resolution 95-21 of the Council of the City of Fort Collins Establishing a Transportation
Demand Management Program" and a "Transportation System Monitoring and Reporting
Program" to Be Administered Within the Transportation Services Department.
C. Resolution 95-22 of the Council of the City of Fort Collins Establishing Certain
Transportation and Air Quality Related Objectives to Be Included as Elements in the Work
Plan for the City's Scheduled Efforts to Update its Comprehensive Plan.
Over the last year, the City of Fort Collins has been preparing a Congestion Management Plan
(CMP). Involving the participation of a citizen's advisory committee, City staff, consultant and over
the last 2-3 months, the community -at -large. The purpose of this CMP is to develop actions that will
enable this community to address its transportation needs into the future.
The CMP that has been developed has gone beyond common practices in other areas of the country
and has focused on the key relationships between transportation, land use, and air quality. It
consists of a package of actions that will, on a short and long term basis, help this community
develop and manage a transportation system that supports the needs of the community.
The package of recommendations for the CMP can be broken down into three areas:
- Policy changes to the transportation element of the City's Comprehensive Plan;
- The creation of new programs designed to begin to deal immediately with our
transportation issues; and
- Elements in the City's 1995 Work Plan relating to activity center/land use concepts and
new urban design standards that in both cases support our transportation goals.
Attached is Chapter 8: Findings and Recommendations report from the CMP. This
report identifies thefindings and the proposed policy.
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February 7, 1995
*NOTE: "[J" refers to the number of the Finding/Recommendation as it is listed in Chapter 8.
TRANSPORTATION POLICY- The CMP is proposing key policy changes to the City's
transportation policies and objectives. These policy changes will be included in the transportation
element of the Comprehensive Plan in the "Overall section" and the 'Auto/truck section" as noted.
Specifically, policy changes are:
A.u.o The City should adopt the following transportation program objective: "Hold the level
of daily vehicle miles of travel per capita in the Fort Collins Urban Growth Area to no more
than the 1994 level." (Include in Overall Policies.)
B.ui.iv The City should revise its transportation program objective to read: "Reduce the rate
of growth in daily vehicle miles of travel in the Fort Collins Urban Growth Area to no more
than the rate of population growth." (Include in Overall Policies.)
C.uz.,v The City should plan, design and build only those microscale transportation
improvements (intersection upgrades, roadway capacity projects less than a quarter -mile in
length, transit capital investments and bike/ped facilities) which:
consider safety and mobilityfor all modes; AND
' will not cause or accelerate changes in adjacent or nearby land uses (either by
degrading existing access or by introducing new access) which are inconsistent
with the City's land use objectives (Include in Overall Policies.)
D.n.nu The City should plan, design and build only those macroscale transportation
improvements (new -alignment roads and add -lanes projects over a quarter -mile long) as
"strategic capacity improvements" which:
- are needed to provide significant new capacity to encourage new development in
locations where it is called for in the City's land use plans; AND
- will improve multimodal access to existing activity centers; AND
- will not impede or degrade transit, bicycle or pedestrian circulation within existing
or planned activity centers. (Include in Overall Policies.)
E.12.,i The City should reevaluate the Master Street Plan and determine which remaining
roadway projects should, and which should not, be completed in light of the findings of this
Committee.
Ea-i LOS objectives for the roadway system should be defined in a manner that differentiates
between the type of urban development being served. Standards for vehicular circulation
within densely developed areas such as the core city and other activity centers should be set
to favor access over mobility. Standards for radial routes to suburban areas and for through
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February 7, 1995
routes should be set to reflect the importance of community -wide mobility. (Include in '
Auto/truck Policies.)
G.i,ni The City should develop service criteria for all modes including transit, bicycle travel
and pedestrian travel. These service criteria should become part of the reporting and
monitoring system described in Finding [51 below, and should be given equal status with the
refined roadway LOS standard in developing the City's capital plans and in determining how
to target the demand management programs. (Include in Auto/truck Policies.)
NEW TRANSPORTATION SERVICE AREA PROGRAMS - The North Front Range
Transportation & Air Quality Planning Council (NFRT & AQPC) has adopted, in its 1995 Work
Program and 1995 Transportation Improvement Plan, a commitment to develop and fund
transportation demand management in the North Front Range region. The NFRT & AQPC has
included in this commitment, the development of a transportation system monitoring program for
the region. The NFRT & AQPC is in the process of determining what funding levels will be
available to each governmental agency in the region, but the following recommendation from the
CMP is intended to create a consistency in approach between the NFRT & AQPC and the City of
Fort Collins in addressing transportation demand management and transportation system
monitoring. The following recommendations address the TDM and system monitoring program:
A.14J., The City should initiate a Demand Management Program designed to stabilize travel '
behavior trends so that daily vehicular tripmaking and vehicle miles traveled per capita do
not continue to increase. The Demand Management Program should initially focus on
commute trips and should rely on cooperative efforts with employers. Program emphasis
should be on:
parking reduction strategies for employers outside residential neighborhoods;
bicycle programs for employers in the core city;
a coordinated ridesharing program for all employers;
transit ridership incentives including an enhancedpass program;
marketing, training and technical assistance for all employers.
B.r4ci The City should also, through its Master Transportation Plan, develop more aggressive
community -wide vehicle trip reduction measures including incentives/disincentives programs,
pricing strategies and measures targeted at all categories of trips. The expansion of the
program beyond commute trips should occur as soon as possible, preferably within a year.
C.a.i Some of the monitoring and reporting systems are in place already, and should be
integrated into a single reporting system:
- biennial intersectioniturning movements analysis;
- computer model used to estimate VMT;
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F
February 7, 1995
computer model used to estimate motor vehicle emissions; and
ambient air quality readings
D.isbi The City should undertake biennial performance monitoring and diagnostic reporting
that tracks progress in the objectives of air quality, travel behavior and traffic congestion, and
should also monitor and underlying trends affecting travel behavior.
The following measures should form the basis for monitoring. The LOS measures should be revised
through the Master Transportation Plan update as a part of the City's Comprehensive Plan.
Air Quality
b'ective: Preserve the benefit of reduced vehicle emissions achieved through technological
improvements at the tailpipe (equivalent, to a 25% reduction in tailpipe emissions below the
I990 level).
Performance Measure (a) motor vehicle emissions of carbon monoxide (CO) calculated for
average winter day at no more than 78 tons by the year 2000;
Performance Measure (b) continued annual improvement in motor vehicle emissions of
volatile organic compounds (VOC) for average summer day;
Additional Reporting Items: ambient air quality readings - all pollutants; diagnostic analysis
of any violations of NAAQS; visibility readings.
Travel Behavior
h'ective: Limit growth in VMT to no more than the rate of growth in population and
employment (currently forecast to be about 2.8% annually).
Performance Measure (c) annual growth rate in daily VMT compared to population growth
rate and job growth rate;
Additional Reporting Items: mode share for daily trips and average daily VMT by residents
and employees with analysis and reporting of underlying travel behavior trends, including
daily trips per capita, daily VMT per capita, average vehicle occupancy, and average daily
Transfort ridership.
1 428
February 7, 1995
Traffic Congestion
b'ective: preserve mobility, between and accessibility to all areas of Fort Collins by relying
on all modes.
Performance Measure (d) arterial roadway intersections on corridors providing access to
activity centers operating below LOS E in peak hour;
Performance Measure (e) arterial roadway intersections outside activity centers operating
below LOS D in peak hour, -
Additional Reporting Item: annual growth rate in average daily motor vehicle traffic (ADT)
at selected locations in key arterial corridors.
Development Approval and Economic Impacts
Performance Measure (f) average density ofapproved residential development and of building
permits issued;
Performance Measure (g) average density of approved commercial development and of I
building permits issued;
Performance Measure (h) % of approved development and of building permits issued that
included mixed use;
Performance Measure (I) % of approved development and of building permits issued located
in activity centers;
Additional Reporting Item: annual growth in employment;
Additional Reporting Item: gross sales tax revenues -City of Fort Collins.
E.154 The City should develop one or more standards for economic health that are directly
related to the transportation system and include them in the monitoring and reporting system.
These should replace the two additional reporting items under "development approval and
economic impacts" above.
F.aji The City should institute a biennial travel diary survey of its residents (and possibly
local employees) to establish a routine reporting mechanism for travel behavior trends
(average daily trips, average trip length, trip purpose and mode share) to provide diagnostic
support for the Congestion Management System. '
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February 7, 1995
G.ra.h The City should reinstate continuous corridor traffic counts in Fort Collins, subject to
budget constraints.
LAND USE- The CUP has developed a significant understanding of the relationship between land
use, transportation and air quality. This effort has used the transportation system computer model
to understand the future impacts of different land use patterns on the transportation system. From
that analysis, the Plan has recommendations that pertain to the City's update of the Comprehensive
Plan, specifically in the areas of land use and urban design.
A.rh.o The City should further examine the potential role an activity center -oriented growth
pattern might play in helping to meet the City's transportation and air quality objectives. The
City should:
- develop workable descriptions of activity centers specific to, and appropriate in, Fort
Collins;
determine what kinds of policies would be required to bring about such a land
development and urban growth pattern; and
develop a process for involving the public in a conversation about land use,
transportation, and air quality relationships to begin building a community consensus
on appropriate land use policies.
B.hz"h The City should develop urban design guidelines that improve mobility and access for
use with all large development projects, especially activity centers.
C.hzi,t The City should determine what the best means would be to implement urban design
guidelines (whether it is the Land Development Guidance System or some other approach).
/t is the intent of these recommendations, that as a part of the update to the Comprehensive Plan
Work Program, activity centers, land use patterns, and urban design guidelines that improve
mobility and access become working elements in that process.
The Congestion Management Plan Focus Group met with Council in October to review the Findings
and Recommendations of the Plan. Since that time, a public process has taken place. The CMP
process, background and recommendations have been presented to over 25 service groups, citizen
groups, city boards and commissions. A summary of their comments is included in the "listening
log" (Attachment A) that has been developed from the public process. Also attached (Attachment
B) are memos of recommendation from the City Boards and Commissions that have reviewed the
CMP.
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February 7, 1995
NEXT STEPS:
As we have indicated, the approval of these proposed recommendations by Council is not the end
of the process, in fact it is a critical part of an on -going development of transportation and land use
planning. We believe Council approval of these resolutions that have come out of the CMP process
set the stage for some important next steps:
The Transportation Demand Management Program (TDM) has been approved by the
North Front Range Transportation & Air Quality Planning Council (NFRT & AQPC)
with funding for the next three years. City Council approval of this resolution would then
put us in sync with the regional Council. Transportation Services has been working with
the NFRT & AQPC and both plan to have a TDM program up and running by the fall
of 1995. There are pieces of this program currently in operation. It is the intent of the
NFRT & AQPC and Transportation Services, with City Council approval, to provide a
more focused, highly visible program for the community.
Transportation Monitoring Reporting System - As in the case with the TDM program,
the NFRT & AQPC has approved funding for this effort and by the end of 1995, a
monitoring system would be developed and an initial data set gathered.
11
Update to the Comprehensive Plan (City Plan) process has recently started and Council '
approval of the inclusion of activity centers and urban design guidelines will become a
part of that process through 1995.
Master Transportation Plan - It is staffs intention to concurrently develop a Master
Transportation Plan as an element of the update to the Comprehensive Plan. We believe
the consolidation of transportation plans such as the Bike Plan, the Pedestrian Plan,
Downtown Parking Plan and Transit Development Plan will provide a truly
comprehensive approach to transportation planning for Fort Collins."
Director of Transportation Rick Ensdorff briefly outlined the Congestion Management Plan. He
noted some items are short term and in need immediate action and implementation.
Ed Secor, member of the Congestion Management Task Force, spoke of issues discussed and acted
on by the Task Force. He stated the document represented future transportation needs of the City.
Greg Byrne stated land use relationships are critical to the success of traffic management and noted
the committee is recommending looking at land use around the improvements to make sure land use
plans are complied with. He spoke of the need to determine the type of policies required and of the
need to involve the public throughout the process.
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February 7,1995
Councilmember Smith made a motion, seconded by Councilmember Janett, to adopt Resolution 95-
20.
Ensdorff stated staff is working on a video to help the community to visualize the issues. He
reported a consultant is working with staff in compiling reports as well as the development of the
video, and stated there are additional resources available in the Transportation Demand Management
Program for additional contract and/or consulting assistance.
Councilmember Apt suggested involving staff and citizens in the process who do not have expertise
in the area to assure that it is understandable to everyone.
Councilmember Janett expressed concerns regarding the wording in Exhibit A.
Councilmember Smith trade a motion, seconded by Councilmember Janett, to adopt Resolution 95-
20 amending Exhibit A, Priority A changing the following phrases
"consider safety and mobility for all..." to "enhance safety and mobility for all...",
"significant new capacity to encourage..." to "significant new capacity to serve...", and
the word "radial' to "arterial'.
Councilmember Janett offered an amendment to the previous motion, amending Page 4, Exhibit A,
Priority B regarding reference to "development of a truck route", she requested this item be moved
to Priority A.
THE MOTION DIED DUE TO A LACK OF A SECOND.
Lester Litton, 3909 Mount Royal Court and Task Force member, spoke of the need to define the
phrase "activity center".
Melanie Hein, representing the Fort Collins Chamber of Commerce, spoke of the Chambers support
of the Congestion Management Plan, noting the Chamber does not support adoption of Resolutions
95-20 and 95-22, but does support Resolution 95-21. She spoke of the need to reduce the number
of vehicles on the road and of the need to develop an alternative that could compete with
automobiles. She requested that a Councilmember serve on the PRT2000 Task Force.
Rob Cagan, 1225 Buttonwood and member of the Air Quality Board, spoke of the difficulty
associated with getting people to leave their vehicles at home and supported looking at a
technological method of achieving that goal.
Colin Gerely, I t9 Harvard Street and member of the Transportation Citizen Advisory Board, urged
' adoption of the Resolutions.
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February 7, 1995
Councilmember Smith volunteered to serve on the PRT2000 Task Force.
1
The vote on Councilmember Smith's original motion to adopt Resolution 95-20 as amended was as
follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt
Resolution 95-21. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Counciltnetnber Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution
95-22. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays:
None.
Items Relating to the '
Downtown Community Center, Adopted.
The following is staff's memorandum on this item.
"Financial Impact
Adoption of Ordinance No. 1 /, 1995 authorizes die sale of the Downtown Community Center
resulting in unanticipated revenue to the City. Ordinance No. 12, 1995 appropriates the
unanticipated revenue in the Capital Projects Fund to be used for implementation of the General
Services Strategic Facility Plan adopted by Council in 1992.
Iaxecutive Summary
A. First Reading of Ordinance No. 11, 1995 Authorizing the Sale of the Downtown Community
Center.
B. First Reading of Ordinance No. 12, 1995 Appropriating Unanticipated Revenue in the Capital
Projects Fund from the Sale of the Downtown Community Center.
433 1
February 7, 1995
For several years, the Downtown Community Center has been planned to be sold following the
opening of the new Senior Center. Staff, via the city's Request for Proposals (RFP) process, has
identified what it believes to be the best proposal for the Downtown Community Center. Staff is
recommending the sale of the Downtown Community Center to Progressive Old Town Square LLC,
for $363,000 cash due at the time of closing.
BACKGROUND:
During the Choices 95 Capital Improvement Program Council decided to sell the Downtown
Community Center after the completion of the new Senior Citizen Center. The plans were to
complete the new Senior Center in late 1994 and sell the DTCC in early 1995. In 1994 the Facilities
staff started the process to sell the building but numerous requests from city departments were
received for additional departmental space. With the rental market being so tight, staff looked
closely at the option of keeping the building for other City uses. A committee (consisting of
representatives from Facilities, Budget, Administrative Services, and Finance Administration)
studied the building and its potential uses, and determined the best solution would be to sell the
building. The committee's findings were:
1. it would take at least $1.5m to renovate the building for office use;
2. the value of the site is probably nearing its high point;
3. there are at least two interested parties in buying the property, and by selling to a
private party the city would benefit as would the DDA, through increased taxes;
4. financially, it would be more prudent to put city money into property that meets the city's
long term operational needs.
A Request for Proposal for the sale of the DTCC was sent out and initially three proposals were
returned. None of the three offers approached the appraised value ($360,000) and the city rejected
the offers. The three proposers were allowed to resubmit proposals in the range of the appraised
value. Two of the proposers, Progressive Old Town Square LLC and Advanced Digital Imaging,
Inc., submitted proposals. A committee (DDA, Administrative Services, Facilities, and Purchasing)
reviewed the proposals and interviewed Mr. Ed Stoner representing Progressive Old Town Square
LLC, and Mr. Jim Stouffer and Ms. Kathy Bauer representing Advanced Digital Imaging, Inc. The
proposals were rated against the criteria in Attachment 1.
Progressive Old Town Square LLC's proposal contains a purchase price of $363,000 with the
intended use of either a mixed retaillsmall restaurantlhealth club or a restaurant/bar and
entertainment center. They intend to spend an additional $700,000 to refurbish the real property
plus spend $250,000 for the purchase of personal property. In addition, they plan to improve the
street lighting to make the area more pedestrian friendly. Their plan is consistent with the current
Downtown Plan. They feel the existing on -site parking and the available parking in the parking
' garage will be sufficient for mixed retail/small restaurant/health club.
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February 7, 1995
Advanced Digital Imaging, Inc.'s proposal includes a purchase price of $360,000 with the intended '
use for its international imaging headquarters. The corporation's product is the transferring of
images to compact discs, known as a Photo CD, which can be viewed on computer screens or T.V.
screens with the help of a Photo CD player. ADI currently has ten employees and expects to have
fifty employees by year end 1996 with a payroll of $1.6m. The product is a clean, pollution free high
technology. The building meets their space needs and their commitment to stay in downtown. The
plans are to spend $170,000 on renovation, mostly interior with some exterior improvements.
Existing on -site parking is sufficient. As their international corporate headquarters, they plan to
bring many guests and customers to the downtown area.
Council has several options with this proposal. Council can accept staffs recommendation and sell
the property to Progressive Old Town Square LLC or if Council determines the needs of the
community would be better met by selling the building to Advanced Digital Imaging, Inc., they could
sell the property to ADIJnc. If Council feels the property could generate a higher price, they could'
direct staff to initiate a new process to sell the building. If Council felt additional study rreenl to be
completed as to alternative uses of the building, Council could direct staff not to sell the DTCC and
conduct a more detailed investigation into other uses.
Staff is recommending taking the proceeds from this sale and combining it with the currant lard
acquisition budget of $200,000 to purchase property/improvements in downtown to continue
implementation of the General Government Strategic Facilities Plan. A proportion of these finds '
would be used to repay the Storm Water Fund for the expenditures on Block 22. Other options
Council may consider for these proceeds are the Choices '95 Capital Fund and the General Fluid
Reserves.
RECOMMENDATION:
Both proposals are excellent and meet the Downtown Master Plan requirements. The conuninee's
recommendation is to sell the property to Progressive Old Town Square LLC because it has the
potential for the highest financial return to the city and DDA via real and personal property taxes,
sales and use taxes. Additionally, staff is recommending the proceeds from the sale be placed in the
Capital Projects Fund far acquisition of property and improvements to implement the General-
Government Services Strategic Facilities plan."
General Services Director Tom Frazier gave a brief background report on this item.
Councilmember Smith stated he did not believe he had a conflict of interest regarding this item and
read a letter he sent to the Secretary of State explaining his position.
Finance Director Alan Krcmarik spoke of how the proposals were analyzed and how property taxes
would be distributed. He stated he would be available to answer questions regarding financial and/or
economic analysis. '
435
February 7, 1995
' Ed Stoner, 2236 Apache Court, representing Progressive Old Town Square, questioned providing
employee salary information as it applies to economic benefits. He stated the cost for renovation
would be equally divided between the inside and the outside of the building and hoped to have the
building occupied by the fall of 1995. He spoke of the target of tenant mix stating he did not feel
the building would be conducive to office space due to various problems.
Jim Stouffer, owner of Advanced Digital Imaging ("ADI"), spoke of the benefits ADI brings to the
local economy and stated ADI's business plan was in alignment with the Downtown Plan in
providing new primary jobs. He stated there was approximately 10,000 square feet for retail sales
available, and urged Council to consider that point when calculating income tax abilities.
Mr. Stoner responded to Council questions and stated no leases have been signed at this time, adding
he wanted to wait until the proposal was accepted.
Steve Slezak, Chair of the Downtown Development Authority, stated both proposals meet the
objectives of the Downtown Plan and spoke of the many different aspects (primary job creation and
diversification of the employment base) discussed by the Authority. He stated the Authority believes
the ADI proposal represents a long term benefit to both the downtown area and the community and
supported its proposal.
' Councilmember Wanner made a motion, seconded by Councilmember Janett, to adopt Ordinance
No. 11, 1995 Option Bon First Reading.
Councilmember Wanner spoke of his reasons for supporting the ADI proposal, noting he supported
the long range effects.
Councilmember Kneeland spoke in favor of Option B and commented on the need for diversification
in the downtown area.
Bruce Lockhart, 2500 East Harmony Road, stated restaurant and retail businesses would endure and
spoke of the possibility of ADI's product being obsolete within 10 years.
Stoner expressed concerns regarding ADI's commitment to enhance the buildings exterior
appearance.
Carey Huett, downtown merchant, supported the ADI proposal and urged adoption of Option B.
Jeff Bridges, 725 Mathews, spoke in support of the motion.
Stouffer spoke of plans for the exterior of the building but stated it was impossible to present a
' "plan" to Council before knowing if the building was for sale.
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February 7, 1995
Councilmember Janett spoke of the need for a diversified job market in the old town district. I
Councilmember Apt stated both proposals were excellent, but supported ADI because of
employment possibilities.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, Smith and Wanner. Nays: Councilmember McCluskey.
THE MOTION CARRIED.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Ordinance
No. 12, 1995 on First Reading.
City Clerk Wanda Krajicek noted that Ordinance No. 12, 1995 would need to be amended to reflect
the new dollar amount.
Councilmember Wanner offered a friendly amendment to the previous motion to amend "$363,000"
to read "$360,000", and "$563,000" to "$560,000". Councilmembers McCluskey and Apt accepted
the amendment as a friendly amendment to their previous motion.
Bruce Lockhart, 2500 East Harmony Road, stated the funds should remain in the Choices 95 Fund, I
not in the General City Capital Fund.
Frazier clarified Council could determine where the funds would be used, stating that the issue of
how the funds would be used was not addressed by Council at any previous meetings.
The vote on Councilmember McCluskey's motion as amended was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Interim City Manager Diane Jones withdrew from further discussion due to a perceived conflict of
interest.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to proceed with
advertising the position of City Manager. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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February 7, 1995
' Employee Development Director Jaime Mares spoke of the need for strengthening the language in
the job announcement.
Councilmember Smith requested alternatives and information regarding shortening Council
meetings.
Councilmember Janett requested information on a "takings" Bill scheduled to be heard by the
Senate.
Blair Leist distributed a letter addressed to the State Legislator regarding SB-126 and spoke of the
reasons for opposing the Bill.
Councilmember Apt stated he and Councilmember Janett requested this item to be presented to
Council at this time.
Mayor Azari stated if there were no objections from Council, she would sign a letter in opposition
to SB-126 and requested it be sent immediately to the State Legislature.
Councilmember Apt requested background information regarding Resolution 93-12.
IThe meeting adjourned at 12:25 a.m.
ATTESTr
itv Clerk"
U
Adjournment
rMV