HomeMy WebLinkAboutMINUTES-03/21/1995-RegularMarch 21,1995
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, March 21,
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, Kneeland, McCluskey, Smith and
Wanner.
Councilmembers Absent: Janett
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
David Hendricks, Professor of Civil Engineering at CSU, introduced 23 Russian Water
Managers visiting CSU and taking a 3 week course on water management.
' Gerry Horak, 1511 Lakeside Avenue, spoke of the Campaign Reform Act and expressed
concerns regarding Chamber support issues.
Al Bacilli, 520 Galaxy Court, concurred with statements made by Mr. Horak and stated public
entities should not contribute money to the Chamber of Commerce. He urged voters to reject
the PICK initiative and spoke of funding needs for the Children's Clinic and the school district.
Mike Nicely, 300 East Harmony Road, thanked staff its help and support regarding relocation
efforts for residents of the Pioneer Mobile Home Park.
Mayor Azari announced that she would allow opponents of the recently adopted roofing
ordinance 20 minutes to speak to the ordinance.
Dale Kirkley, President of Choice Roofing residing at 3020 West Prospect, stated the City of
Fort Collins is a member of the National Fire Protection Association (NFPA) and spoke of type
of tests conducted by the NFPA and stated commercially prepared pressure treated wood shake
shingles passed all tests conducted.
Mark Meleski, 728 Duke Square, stated the cost to homeowners is considerable when forced
to replace existing roofing with Class A.
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March 21, 1995
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Bill Bertche, 430 Peterson, Director of Pingree Park Campus, stated the majority of buildings burned
in Pingree Park had Class A ratings, and due to the intensity of the storm, Class A did not make a
difference in the outcome of the fire.
John Meleski, local architect and member of the Building Review Board, spoke of his reasons for
opposing the ordinance and stated by requiring Class A roofing, additional weight would be added
to roof structures. He stated the ordinance would ultimately cost Fort Collins residents an excessive
amount of money and urged Council to rescind its decision and adopt the Larimer County revised
roofing ordinance.
Citizen Participation Follow -Up
Councilmember Smith responded to Mr. Meleski's comments and stated he would be willing to
discuss and research the issue further.
Councilmember Apt commented his vote was based on the costs not being significantly increased
and requested information on less expensive roof coverings.
Councilmember McCluskey stated he was interested in receiving more information regarding costs.
***CONSENT CALENDAR***
The Consent Calendar consists of Item Numbers 7 through 21. 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 he considered separately under Agenda Item #22 Public Pulled Consent
Items. Items pulled from the Consent Calendar by staff or Councilmembers may be considered
separately under Agenda Item #38, Council/Staff Pulled Consent Items. The Consent Calendar
consists of:
7. Second Reading of Ordinance No. 23, 1995 Approving the Terms of the Lease Agreement for
405 Canyon Avenue,
Larimer County has changed its method for exempting property tax on government leased
property. The new procedure requires the City Council to approve, by ordinance, the lease
terms prior to Larimer County exempting City leased property from property tax. Staff was
notified of this procedural change after the 405 Canyon lease had been signed by the City
Manager, thus requiring Council's approval after the City had entered into the lease.
Ordinance No. 23, 1995 which was unanimously adopted on First Reading on March 7, 1995
authorizes the term of the lease of 405 Canyon. '
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8. Second Reading of Ordinance No 24 1995 Authorizing the Purchase of 103 Acres of Land
for Natural Area Purposes and Conveyance of a Conservation Easement,
Ordinance No. 24, 1995, which was unanimously adopted on First Reading on March 7,
authorizes the purchase of 103 acres of land for public natural area purposes. The land is part
of the Greenstone Overall Development Plan area at the southeast corner of the City limits,
in the area commonly referred to as the Fossil Creek Wetlands. The acquisition would add
to the lands that were approved on first reading in Ordinance No. 18, 1995, for acquisition and
use as public natural areas. In total, the proposal would result in a complex of 270 acres of
natural areas and other open space, including 229 acres in public ownership and 41 acres in
private ownership.
This Ordinance also authorizes the Mayor to execute such agreements and documents as are
necessary to convey a conservation easement on the property to a qualified land trust, a non-
profit corporation organized for the purpose of acquiring and maintaining conservation
easements. This action is a requirement of the seller to provide additional assurances that the
property will remain as a public natural area in perpetuity.
9. Items Relating to the Harmony Corridor Plan Implementation Actions.
' A. Second Reading of Ordinance No. 25, 1995 Amending Sections 29-358 and 29-359 of
the Code of the City of Fort Collins to Change the References Therein from "Design
Standards" to "Standards"; Amending Chapter 29, Article 111, Division 4, Subdivision
G, to Clarify That "Applicable Standards and Guidelines" Will Be Utilized in Site Plan
Supplemental Review Procedures; and Adding a New Subdivision Regarding Special
Development Standards.
B. Second Reading of Ordinance No. 26, 1995 Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as the Golden Meadows Neighborhood Service Center Rezoning
C. Second Reading of Ordinance No. 28, 1995 Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as the Keenan Rezoning
D. Second Reading of Ordinance No. 29, 1995 Amending the Harmony Corridor Standards
and Guidelines.
Ordinance No. 25, 1995, Ordinance No. 26, 1995, Ordinance No. 28, 1995 and Ordinance No.
' 29, 1995, were unanimously adopted on First Reading on March 7, 1995.
March 21, 1995
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The rezonings, Zoning Code changes, and Plan amendments are designed to promote the
effective regulation of land within the Harmony Corridor in accordance with adopted plans
and policies.
10. First Reading of Ordinance No 32 1995 Authorizing the City of Fort Collins to Enter into a
Livestock Grazing Lease Agreement for Meadow Springs Ranch with Natural Fort Grazing,
Ltd,
Meadow Springs Ranch (MSR) was purchased in late 1990. The grazing lease for the 1991
season was entered into with Natural Fort Grazing, Ltd. (NFG) at a rate of $9 a month per
animal unit. In 1992, a Request for Proposal (RFP) for a two-year lease was solicited. The
RFP emphasized both economic and environmental issues. NFG was awarded the lease for
$11 a month per animal unit. This lease included provisions for a detailed research program
that evaluated alternative grazing patterns, as well as wildlife and noxious plant management
issues. Prior to its expiration in May 1994, the lease was extended through the 1994 grazing
season at the same rate with the intent of soliciting proposals for the 1995 season. This lease
has expired.
In January 1995, staff issued a RFP for a six -year livestock grazing lease. Although similar
to the 1992 RFP, it is for 6 years so as to coincide with the six -year demonstration phase of I
the MSR biosolids research management plan. Adjustments to the lease will then be made
based on the findings at the conclusion of the biosolids demonstration phase.
11. First Reading of Ordinance No. 33, 1995, Appropriating Prior Year Reserves for Special
Library Projects,
This Ordinance appropriates $50,000 in prior year reserves in the General Fund Reserve for
Library Donations. The Fort Collins Public Library receives monetary gifts and donations on
an ongoing basis. This revenue is deposited in the Reserve for Library Donations. These
funds need to be appropriated into the Library budget so they can be used to fund special
projects such as the Children's Summer Reading Program $5,000; Local History Photograph
fund and Friends of the Library reimbursed library projects $6,000; Office equipment
$11,000; additional remodeling costs, gift books and replacement books. $30,000 of these
funds was initially appropriated in the library's 1995 budget. The additional $50,000 is
required to pay for the completion of the remodeling project which began in November, 1994.
This pays for facilities labor costs to upgrade lighting, remodel of old, broken furniture and
shelves, and for necessary adjustments in an overly crowded facility. It also allows for the
expenditure of $11,000 of donated funds to purchase new children's room furniture. The
relocation of book stacks had a dramatic and unanticipated negative effect on lighting,
resulting in customer complaints. The tightness of space also resulted in safety and Americans
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March 21, 1995
with Disabilities Act concerns. The resulting changes have been customer responsive and
were deemed time sensitive.
12. Items Relating to Library Services.
A. Resolution 95-37 Authorizing the Mayor to Enter into an Intergovernmental Agreement
with Latimer County for the Purpose of Providing Library Services to Residents of
Larimer County.
B. First Reading of Ordinance No. 34, 1995 Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Program.
This Resolution authorizes the mayor to enter into an agreement for the City to continue to
provide Latimer County residents with General Library services and Library outreach services
to serve the handicapped, elderly and other isolated persons. In exchange for providing these
services during 1995, the County will pay to the city $102,482. The Ordinance appropriates
the Outreach funds in the amount of $10,248. The General Service funds in the amount of
$92,234 were projected and appropriated in the 1995 budget.
13. First Reading of Ordinance No 35 1995 Authorizing the Sale of Certain Real Property and
Appropriating Unanticipated Revenue to the Parkland Fund.
History - Rossborough Park was purchased in 1980. A 25 foot irrigation ditch, which
previously served the park area, was owned by Colorado State University. Colorado State
University sold its interest in the ditch 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 being sold because it may be used for a public path from the park to the canal.
The portion of the ditch east of the park is no longer needed by the City. Presently the ditch
area appears to receive very limited pedestrian use. No noticeable path exists along the ditch
area from public usage. The sale authorized by this Ordinance includes the south half of the
east portion of the ditch. The sale will be to the owners of the subdivided lots bordering the
ditch to the south.
14. First Reading of Ordinance No 36, 1995 Vacating an Easement at 1501 South Shields Street
On September 2, 1980, the City of Fort Collins acquired a 16.5 foot wide easement along the
front of the property at 1501 South Shields Street. This easement was to be used to construct
a pedestrian sidewalk and bicycle path, primarily to improve safety for the Bennett School
children. The Choices'95 Project - Shields Street Improvements changed the location of these
improvements and eliminated the need for the easement.
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March 21, 1995
To meet the City's need for street, sidewalk and bike path improvements for the Shields Street
Project, the City purchased a 9 foot strip of land from Harold and Phyllis Worth at 1501 South
Shields and acquired a pocket easement for utilities. The existing easement could not be used
for street improvements so the acquisition of the 9 foot strip was required for the project. In
addition, the easement will revert to the Worths if it is not used for a sidewalk and bike path
purposes. During negotiations, Harold and Phyllis Worth requested that the City vacate the
16.5 foot easement because they did not want to rely on the automatic reversion of the
easement. Staff recommends vacating this easement because it is no longer needed by the
City. Also, the Purchase Agreement with the Worths calls for payment to them of $2,000 if
the easement is not vacated by May 1, 1995.
15. First Reading of Ordinance No. 37, 1995 Authorizing the Granting of a Non -Exclusive Storm
Drainage Easement on Buckingham Park for the New Belgium Brewery.
The development of the 'New Belgium Brewery" will require stormwater flows to cross
Buckingham Park land. The easement site is along an old oxbow area of the Poudre River.
The site is vegetated with natural grass and trees. This area is not part of the park irrigated turf
area.
16. Items Relating to the School Resource Officer Program with the Poudre School District R-1. '
A. Resolution 95-38 Authorizing an Intergovernmental Agreement Between the City of Fort
Collins and the Poudre School District R-1 for a School Resource Officer Program.
B. First Reading of Ordinance No. 38, 1995 Appropriating Unanticipated Revenue of
$98,437 from PR-1 to Police Services Budget.
The Poudre R-1 Board of Education decided to explore a School Resource Officer Program
(the "SRO Program") and officially allocated funds that are now being offered to the City of
Fort Collins and Larimer County in order to pay for officers.
17. Items Relating to the Larimer Home Improvement Program (LHIP).
A. Resolution 95-39 Authorizing the Mayor to Execute An Application to Request Funding
for the Fiscal Year 1995-96 from the Colorado Division of Housing for the Latimer
Home Improvement Program (LHIP).
B. First Reading of Ordinance No. 39; 1995 Appropriating Funds from the Affordable
Housing Trust Fund for Use as Matching Funds for the Larimer Home Improvement
Rehabilitation Program.
March 21, 1995
The State Division of Housing has again offered the opportunity to the City of Fort Collins,
the City of Loveland, the Fort Collins Housing Authority, the Loveland Housing Authority and
Latimer County to request approximately $350,000 in State of Colorado Small Cities
Community Development Block Grant funds and Federal HOME Program Funds for an
ongoing, county -wide housing rehabilitation program. The purpose of the program is to
provide housing rehabilitation loans to qualifying, low income households that are unable to
afford to rehabilitate their existing dwellings.
18. Resolution 95-40 of the City of Fort Collins Adopting Procedures for the Disbursement of
Housing and Urban Development "HOME" Program Funds
In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction
in the Housing and Urban Development (HUD) HOME Program. The intent of the HOME
Program is to expand the supply of decent, safe, sanitary and affordable housing in the
community, to strengthen the ability of local government to provide housing, and to expand
the capacity of nonprofit community -based housing development organizations to provide
affordable housing. The HOME Program of Fort Collins has developed guidelines to
accomplish these goals and is recommending that the City pass a resolution to adopt the
following processes/procedures in order for the HOME Program to be implemented:
' 19. Resolution 95-41 Authorizing the Purchasing Agent to Enter into a Sole Source Contract with
the Humane Society for Animal Control Services.
The City of Fort Collins has contracted with the Humane Society for Latimer County for
animal control services for the past fourteen years. The contract requires a wide variety of
equipment and services including: public education; maintaining and equipping a shelter
facility; veterinary care; humane and modern vehicles equipped for transporting animals;
radios; uniforms; administration of the pet licensing program; furnishing humane traps as
appropriate; maintaining adequate liability insurance; quarterly reports to the Director of
Finance; pick-up and disposal of dead animals, and generally responding to animal -related
calls for services within the City. There is no other known organization, entity or individual
capable of performing these services.
The proposed contract for 1995 totals $184,912. This is an increase of $10,838, or 6.23% over
1994. Increases have been budgeted to offset increasing operation costs for both the shelter
and Animal Control.
20. Resolution 95-42 Approving a Court Cost for the Fort Collins Municipal Court.
' For some time now, the Municipal Court, the City Attorney's Office and Police Services have
been discussing objectives and concerns relating to plea-bargaining procedures. Objectives
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discussed include: providing an opportunity for the prosecutors and defendants to discuss the
merits of a case and evaluate appropriate offers; allowing input from the officers; reducing
the occurrence of violations; and managing the Court's docket to eliminate overcrowding and
inefficient use of time. Under the previous procedure, defendants were required to appear in
person for arraignments in order to have a pretrial conference with the prosecutor. The current
procedure allows defendants to call the prosecutor to have a telephone pretrial conference in
most cases. The concern is that neither of these procedures meet all of the foregoing
objectives.
21. Routine Deeds and Easements.
A. Deed of Easement from Eric C. Booton for permanent sanitary sewer purposes located
at the south end of Summerville Drive between Fairbrooke Tract A and Summerville
PUD which are just south of West Prospect Road. Monetary consideration: $10.
B. Deed of Easement from Avert, Incorporated for the purpose of permanent drainage
located in Lots 4,5,6,7 of Block 123 of the City of Fort Collins which is just east of
College Avenue between East Olive Street and East Magnolia Street. Monetary
consideration: $0.
C. Deed of Easement from Edward Zdenek for grading purposes for the period of one year '
located between Redwood Street and Evergreen Park - Block 5 just north of Conifer
Street. Monetary consideration: $0.
D. Deed of Easement from Ron Wykstra for drainage purposes located between Redwood
Street and Evergreen Park - Block 5 just north of Conifer Street. Monetary
consideration: $0.
E. Deed of Easement from Ron Wykstra for grading purposes for the period of one year
located between Redwood Street and Evergreen Park - Block 5 just north of Conifer
Street. Monetary consideration: $0.
F. Deed of Easement from Robert and Frances Prochnow being a permanent and non-
exclusive slope easement located on Lot 29 of Lory Ann Estates which is on West
Elizabeth Street at Tierra Lane. Monetary consideration: $0.
G. Deed of Easement from William Clothier being a permanent and non-exclusive slope
easement located on Lot 28 of Lory Ann Estates which is on West Elizabeth Street at
Tierra Lane. Monetary consideration: $0.
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H. Deed of Right -of -Way from CDL Partnership located on Lot 1 of Dakota Ridge PUD,
2nd filing at the corner of Creekstone and Willow Creek Drives which is just northeast
of Horsetooth and Timberline Roads. Monetary consideration: $0.
I. Deed of Easement from CDL Partnership for utility purposes located on Lot 1 of Dakota
Ridge PUD, 2nd filing at the corner of Creekstone and Willow Creek Drives which is
just northeast of Horsetooth and Timberline Roads. Monetary consideration: $0.
Deeds of Easement from Emiliano Vargas and Carl J. and Eloise M. Lee needed to
provide sanitary sewer service to a property being developed by Emiliano Vargas located
east of North Overland Trail and north of Sunrise Drive in LaPorte. The existing sanitary
sewer service is provided by the City of Fort Collins. Monetary consideration: $0 .
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No 23 1995 Approving the Terms of the Lease Agreement for
405 Canyon Avenue.
8. Second Reading of Ordinance No. 24, 1995 Authorizing the Purchase of 103 Acres of Land
' for Natural Area Purposes and Conveyance of a Conservation Easement
9. Items Relating to the Harmony Corridor Plan Implementation Actions.
A. Second Reading of Ordinance No. 25, 1995 Amending Sections 29-358 and 29-359 of
the Code of the City of Fort Collins to Change the References Therein from "Design
Standards" to "Standards"; Amending Chapter 29, Article III, Division 4, Subdivision
G, to Clarify That "Applicable Standards and Guidelines" Will Be Utilized in Site Plan
Supplemental Review Procedures; and Adding a New Subdivision Regarding Special
Development Standards.
B. Second Reading of Ordinance No. 26, 1995 Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as the Golden Meadows Neighborhood Service Center Rezoning
C. Second Reading of Ordinance No. 28, 1995 Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as the Keenan Rezoning
D. Second Reading of Ordinance No. 29, 1995 Amending the Harmony Corridor Standards
and Guidelines.
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March 21, 1995
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Items on First Reading were read by title by City Clerk Wanda Krajicek.
10. First Reading of Ordinance No 32 1995 Authorizing the City of Fort Collins to Enter into a
Livestock Grazing Lease Agreement for Meadow Springs Ranch with Natural Fort Grazing,
Ltd�
11.
First Reading of Ordinance
No 33
1995 Appropriating
Prior Year Reserves
for Special
Library Projects.
12.
First Reading of Ordinance No 34 1995
Appropriating
Unanticipated Revenue in
the General
Fund for the Library Outreach
Program
13.
First Reading of Ordinance
No 35
1995 Authorizing
the Sale of Certain Real
Property and
Appropriating Unanticipated
Revenue
to the Parkland
Fund
14.
First Reading of Ordinance
No 36
1995 Vacating
an Easement at 1501 South Shields
Street
15. First Reading of Ordinance No 37 1995 Authorizing the Granting of a Non -Exclusive Storm
Drainage Easement on Buckingham Park for the New Belgium Brewery,
16. First Reading of Ordinance No 38 1995 Appropriating Unanticipated Revenue of $98,437 I
from PR -I to Police Services Budget.
17. First Reading of Ordinance No 39 1995 Appropriating Funds from the Affordable Housing
Trust Fund for Use as Matching Funds for the Larimer Home Improvement Rehabilitation
Program.
26. Items Relating to the Establishment of an Art in Public Places Program and Creation of an Art
in Public Places Board,
A. First Reading of Ordinance No. 20, 1995, Amending Chapter 23 of the Code of the City
of Fort Collins to Establish the Art in Public Places Program and Adopting the Art in
Public Places Guidelines (the "APP Ordinance").
B. First Reading of Ordinance No. 21, 1995, Amending Chapter 2, Article III, of the Code
of the City of Fort Collins Creating an Art in Public Places Board (the "APP Board
Ordinance").
28. First Reading of Ordinance No. 211995 Amending Chapter 2 of the Code of the City of Fort
Collins Pertaining to Appeals.
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37. Ordinance No. 40, 1995 Appropriating ating Funds From Prior Year Reserves and Authorizing
Transfer of Appropriated Amounts between Funds for the Purpose of Providing Additional
Amounts Needed to Construct Street Improvements to Linden Street Between Walnut and
Jefferson Streets. (Options A.B & Cl
Agenda Review
Interim City Manager Diane Jones stated Council received a revised Item #20, Resolution 95-42
Approving a Court Cost for the Fort Collins Municipal Court, in their packets. She noted that Item
#37, Ordinance No. 40, 1995 Appropriating Funds From Prior Year Reserves and Authorizing
Transfer of Appropriated Amounts between Funds for the Purpose of Providing Additional Amounts
Needed to Construct Street Improvements to Linden Street Between Walnut and Jefferson Streets.
(Options A, B & C), has been revised to remove the emergency provision.
Councilmember Smith requested that Item # 16, Items Relating to the School Resource Officer
Program with the Poudre School District R-1, be withdrawn from the Consent Agenda.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not withdrawn from the Consent Agenda, Yeas: Councilmembers Apt, Azari,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember McCluskey encouraged citizens to vote in the mail ballot election.
Councilmember Kneeland reported she recently attended the National League of Cities Conference
in Washington D.C.
Councilmember Apt commented that the Growth Management Committee recently discussed the
Transfer of Development Rights Conference held by the County and spoke of the need for regional
cooperation.
Mayor Azari spoke a meeting she attended with State Representatives at the National League of
Cities Conference noting they discussed transportation, heritage and federalism issues. She spoke
of a program being developed that would sponsor students interested in entering the public affairs
field.
March 21, 1995
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Appeal of the February 6, 1995,
Decision of the Planning and Zoning Board Denying a
Development Project Known as the Saturn of Fort Collins P.U.D., Referral
of an Administrative Change. Planning and Zoning Board Decision Overturned
The following is staff's memorandum on this item.
"Executive Summary
Council should consider the appeal based upon the record and relevant provisions of the Code and
Charter, and after consideration, either: (1) remand the matter to the Planning and Zoning Board
or (2) uphold, overturn, or modify the Board's decision.
On February 21, 1995, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Planning and Zoning Board:
In the Notice of Appeal from the appellant Eugene A Markley, it is alleged that:
1. The Board failed to properly interpret and apply relevant provisions of the Code and
Charter [Section 2-48(1)]. '
2. The Board failed to conduct a fair hearing by considering evidence relevant to its
findings which was substantially false or grossly misleading [Section 2-48(2)(c)].
The attached documents include:
* the Notice of Appeal
*. the Planning Department response to the appeal
* the Staff Report for the Saturn of Fort Collins P. U.D., Referral of an Administrative
Change that was received by the Planning and Zoning Board for the February 6, 1995,
public hearing
* chartA-2. NEIGHBORHOOD COMPATIBILITY CRITERIA, All Development Criterion
A-2.7 Architecture of the Land Development Guidance System.
* the verbatim minutes of the February 6, 1995, Planning and Zoning Board public
hearing
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The procedures for deciding the appeals are described in Chapter 2, Article II, Division 3 of the City
Code. "
City Attorney Roy briefly explained the appeal process.
Lucia Liley, attorney for the appellant, clarified she wished to make comments regarding the grounds
for the appeal and requested that slides be admissible for the purpose of rebutting misleading slides
and comments shown at the Planning and Zoning Board hearing.
Mayor Azari stated she would allow both comments and slides.
City Planner Steve Olt gave a brief presentation on this item showing slides clearly describing all
angles of the existing structure.
Lucia Liley, attorney for the appellant, spoke of the appellants' reasons for wanting to change the
exterior color of the building. She believed the request should not be denied unless it is clearly
outside the LDGS guidelines and stated design changes are routinely approved administratively. She
urged Council to overturn the decision of the Planning and Zoning Board and sited several buildings
in the nearby area that were similar in color.
Mayor Azari believed the decision of the Planning and Zoning Board was too restrictive and business
owners should be able to make decisions regarding the appearance of their buildings within reason.
Councilmember Kneeland made a motion, Councilmember Wanner, to overturn the decision of the
Planning and Zoning Board. Yeas: Councilmembers Azari, Kneeland, McCluskey, Smith and
Wanner. Nays: Councilmember Apt.
THE MOTION CARRIED.
Items Relating to the Establishment
of an Art in Public Places Program and
Creation of an Art in Public Places Board Adopted
The following is staff's memorandum on this item.
"Financial Impact
Adoption of Ordinance No. 20, 1995, would require that all eligible capital project appropriations
approved by City Council in excess of $250,000, would include an amount equal to 1 % of the
estimated cost for each project to be used for art in public places. In addition, any City capital
project costing between $50,000 and $250,000 would require that an artist participate in the project
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March 21, 1995
design for the purpose of incorporating art into the project. The artist's services are to be paid from
the project's budget.
For more detailed information regarding the financial implications of this Ordinance, see the
"Financial Summary" included in the body of this agenda item summary.
Executive Summary
A. First Reading of Ordinance No. 20, 1995, Amending Chapter 23 of the Code of the City of
Fort Collins to Establish the Art in Public Places Program and Adopting the Art in Public
Places Guidelines (the 'APP Ordinance").
B. First Reading of Ordinance No. 21, 1995, Amending Chapter 2, Article III, of the Code of the
City of Fort Collins Creating an Art in Public Places Board (the "APP Board Ordinance").
This APP Ordinance will establish procedures and guidelines for the acquisition of art by the City
and creates a program to ensure that public art is integrated into City construction projects. By
adopting the APP Ordinance, Council will be changing the City Code to create an Art in Public
Places program as well as adopting the attached guidelines. '
The guidelines in the APP Ordinance provide the structure for the operation of the Art in Public
Places program. The guidelines define the process that the Art in Public Places Board will use to
select art, acquire donated art, and place works of art. Additionally, the guidelines establish the
contractual basis of hiring the artists and create incentives to encourage the private sector's
participation in the APP program.
FINANCIAL SUMMARY
Approval of the Art in Public Places (APP) program will have an impact on all future
appropriations for eligible capital projects that are estimated to cost $250,000 or more. In addition,
any eligible capital project appropriation estimated to cost between $50,000 and $250,000 will be
subject to the provisions set forth in the APP program.
According to the Ordinance creating the APP program, as well as the guidelines, eligible capital
projects "shall mean the construction, rehabilitation, renovation, remodeling, equipping or
improvement of any building, structure, street, sidewalk, park, utility or other public improvement
by or for the city, including all associated landscaping, parking, design, engineering, and all other
costs, but excluding the cost of real property acquisition and any improvements made by any special
improvement district."
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March 21, 1995
The APP Program will apply to all capital project appropriations approved by City Council
subsequent to the adoption of this ordinance. Had the program been in effect prior to the adoption
of the City's 1995 budget, 1 % of every eligible capital project in excess of $250,000 would have been
earmarked for the APP program. Applying the APP program to the 1995 Capital Improvements
budget ($24,085,170) would have added approximately $240,851 to the Art in Public Places Fund
to be used predominately to fund art in these specific projects. This money would have been set
aside for the APP, of which $24,685 (10%) would be used to administer the program, and $4,817
(2%) would be used for the maintenance of the art leaving $211,949 for art in public places. The
following provides a summary of the impact of the APP by fund using 1995 capital project
appropriations as an example:
Fund
Light & Power Capital
Storm Drainage Capital
Wastewater Capital
Water Capital
Total Utilities
General City Capital
114 Cent Choices 95
114 Cent Streets (Overlay & Sealcoats)
Conservation Trust Fund
Parkland Fund
Total
Eligible Capital APP @ 1 % o Share
$ 7,597,729
$ 75,977
31.55%
2,729,000
27,290
11.33%
3,090,000
30,900
12.83%
4,470.000
44.100
18.31 %
$17,826,729
$178,267
74.02%
753,000
7,530
3.13%
844,100
8,441
3.50%
3,611,341
36,113
14.99%
650,000
6,500
2.70%
400,000
4.000
1, 66%
$ 24,085,170
$ 240,851
100.00%
Dollars budgeted for capital projects tend to fluctuate greatly from one year to the next. This makes
it difficult to accurately project anticipated revenues that may be generated by the APP program
from year to year. However, had the APP program been in effect for the period 1992 -1994, the
revenue generated from projects in excess of $250,000 would have been: $380,369 in 1992;
$210,001 in 1993; and $176,312 in 1994. In 1992, 45% of the dollars which would have been
collected had the APP been in place would have been attributable to the Wastewater Treatment
Plant Expansion appropriation totaling $17,015,000 in the 1992 budget.
The proposed program also affects capital projects estimated to cost between $50,000 and $250,000.
On these projects a city approved artist must be used during the planning phases of such projects
to determine whether art can be incorporated into the project. The artist will be reimbursed from
the project budget. No estimates are available as to how this will impact capital project budgets.
These costs are determined by the bids submitted for each specific project. These design bids
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March 21, 1995
typically include costs for architects, landscape designers, etc. They will now include the costs of
this artistic review.
BACKGROUND:
By integrating art into our city, we help define who we are as a community and what is important
to our future. Just as the City passed a sign code and established guidelines for landscaping and
other design elements to reflect the values of its citizens, this Ordinance will continue and expand
that quality of life enjoyed in Fort Collins.
The APP Ordinance and the guidelines are the result of two years of research by the Cultural
Resources Board and staff in which the APP programs of many cities were reviewed including
Loveland, other Front Range communities, and well known national programs. This Ordinance and
guidelines utilize many aspects of successful APP programs from other cities.
City Council reviewed a draft of the Art in Public Places program at a worksession on October 25,
1994 and provided input for changes. Following that worksession a public meeting was held to
gather comments from the public. Staff met with the Stormwater Board at its request, at its March
9 meeting and the Board's comments are attached. Staff tried to meet with the Water Board,
however its March 17 meeting was cancelled and the Board will not meet again until April 21. The '
APP Ordinance and guidelines were changed based on Council and public input. Council
specifically requested that the policy contain options in addition to the 1 % for art program.
Specific Council suggestions from the worksession are highlighted in bold type throughout the
remainder of this agenda item summary.
Encourage/mandate that art becomes part of the design.
Place artists on design teams where possible.
The APP Ordinance and guidelines were changed as follows:
The City shall endeavor to include artistic and aesthetic values in all construction projects,
including those costing less than Fifty Thousand Dollars, and in all purchases of personal
property that may be located or used in places open to the public.
2. All City construction projects costing between Fifty Thousand Dollars and Two Hundred and
Fifty Thousand Dollars must require the project Architect or Engineer to utilize a City
selected artist to participate for the purpose of incorporating works of art into all aspects
of the project, both functional and aesthetic, to the fullest extent possible within the project
budget. The cost of the artist's services shall be paid from the project budget.
Su
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March 21, 1995
3. All requests for appropriations for eligible City construction projects estimated to cost over
Two Hundred and Fifty Thousand Dollars shall include an amount equal to one percent
(1 %) of the estimated cost of such project for works of art. When the City Council approves
any such request, 1 % of the estimated project cost shall be deposited into the Reserve
Account. If any construction project is partially funded from any source which precludes a
work of art as an object of expenditure of such funds, the I % shall be funded from project
funding sources that are not so restricted. Money collected in the Art in Public Places
Reserve Account shall be expended by the City for projects as prescribed by the Art in Public
Places Guidelines. This fund will also include donated monies.
A portion of the APP Reserve Account will be used for administration, maintenance, publicizing the
program, and for securing private donations where appropriate.
Ten percent of the funds, which are added to the Arts Funds each year, will be used to administer
the program. These funds will go to staffing the program by providing the necessary personnel
through the Cultural Services Department. If budget estimates for eligible construction projects in
1994 were used as an example, $17,623 would have been designated for administration. In addition,
2% of the funds per year will be set aside for future maintenance of the works of art.
' o Encourage donations.
The APP Board shall use a portion of the APP Reserve Account funds to promote and publicize the
APP Program and to encourage donations for public art.
Encourage public\private partnerships.
The APP Board shall use a portion of the APP Reserve Account funds as
incentive money to match donated money for public art.
2. The APP Board shall work with the City's Community Planning and
Environmental Services Department to explore changes to the City's Land
Development Guidance System (LDGS) to provide developers points under
the LDGS for including works of art in their developments.
Explain how funds from utility construction projects will be spent.
A. Some projects may have restrictions how funds are spent. For example, Utilityfunds must
be used for the benefit of the utility rate payer and Parkland funds must be used for park
purposes. The APP Board will use restricted funds only for works of art that satisfy the
fund's restrictions.
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March 21, 1995
1
B. In selecting works of art to be acquired with restricted funds, the following priorities shall
be used to the extent permitted by the fund's restrictions:
First priority shall be to include the work of art in the construction project
that contributed the funds to the APP program.
2. Second priority shall be to select a work of art that is related to and logically
connected with the source of the funds used to acquire the work of art. For
example, if a water facility is built without public access, the funds from this
project would be used for works of art related to and logically connected
with the water utility.
3. Third priority shall be to use the restricted funds for other appropriate
projects identified in the City's Public Art Plan.
After receiving input from other City Boards and the public, the APP Ordinance was also changed
to reflect a greater emphasis on cultural diversity and to increase the number of artists who will
serve on the APP Board from two to three.
Major components of the Art in Public Places program that remain unchanged include: '
o A seven member board will provide citizen input into the selection of art and
administration of the program.
o City Council will make the final decision regarding the appropriation of
funds for APP projects.
o A policy and procedure to acquire, install and maintain public art, whether
it is donated or purchased, will be established.
o An APP reserve account will be established to hold the funds until
appropriated for a project.
o Administration of the program will become part of the Cultural Services
Department responsibilities.
The APP Board Ordinance creates the Art in Public Places Board. This Board will consist of seven
members, with three members being arts professionals. The Board will make recommendations to
the Council concerning the APP Program and concerning donations of art to the City. "
Director of Cultural, Library and Recreational Services Mike Powers gave a staff presentation and
responded to Council questions on this item.
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March 21, 1995
Karen Warren, Chair of the Cultural Resources Board, introduced Boardmembers to Council. She
spoke of the contributions that are made by art in the community and urged adoption of the
ordinance.
Powers spoke of the role staff and the Cultural Resources Board would play in assisting the Board.
Councilmember Apt suggested that the three (3) arts professionals be recommended to Council by
the Cultural Resources Board rather than Council making the decision regarding qualifications.
Councilmember Wanner expressed concerns regarding selection and review processes.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 20, 1995 on First Reading.
Bruce Freestone, President of the Fort Collins Area Arts Council, spoke in support of the motion and
urged its adoption.
The vote on Councilmember Kneeland's motion was as follow Yeas: Councilmembers Apt, Azari,
Kneeland, McCloskey, Smith and Wanner. Nays: None.
' THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 21, 1995 on First Reading. Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith
and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner requested a clause be added calling for a review of the program after three
years and spoke of the need for community feedback regarding the success of the program.
March 21, 1995
I I
Resolution 95-43
Approving the North College Avenue
Corridor Plan as an Element of the Comprehensive
Plan of the City of Fort Collins. Adopted as Amended.
The following is staff's memorandum on this item.
"Executive Summary
A plan for the North College area was first identified as a priority on the 1991-1993 City Council
Policy Agenda. The plan was also included on the 1993-1995 Policy Agenda.
The study area covered by this Plan consists of all properties within 112 mile of North College
Avenue, from Laporte Avenue on the south to the "Y" at State Highway 1 on the north.
There have been three phases of work, each with extensive participation by all interested parties,
and with review by the Planning and Zoning Board and City Council. The first phase began in the
summer of 1992. See Attachment A for a chronology of major events.
This Plan is an advisory, policy document. The heart of the plan is Part 1, which contains '
recommendations and implementation strategies. The recommendation with the greatest potential
implications at this time is the creation of new zoning districts with corresponding development
standards. The extensive study, analysis, and discussion that led to the recommendations are
included as Part 2 of the plan.
This Plan is part of a continuing effort regarding the future development of the City's major
gateways. It is harmonious with the goals, objectives, and policies of the City; and with other
Comprehensive Plan elements -- particularly the newly adopted Congestion Management Plan with
its concept of 'Activity Centers".
A Citizen Advisory Committee has guided the last two phases of the effort, and five City boards have
seen or been involved in the Plan. All of these groups endorse it. The Planning and Zoning Board
recommended approval and adoption on February 27, 1995. The motion was adopted 6-0, with five
conditions. Four involve 'friendly" editing requests to clarify and update certain points; these four
have been met. The other is for City Council to place a deadline of four months on preparation of
the new zoning districts and standards that are recommended in the Plan. Staff supports this time
frame.
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March 21, 1995
L%�ILX"- -yJffl#X
This project in some form had been discussed for about ten years prior to its first appearing on the
1991-1993 Council Policy Agenda as a priority. A lack of complete, healthy development activity
had led to a perception and an appearance of stagnation, incompleteness, and neglect. Problems
which partly explain the situation date back to the early part of this century with the arrival of the
railroad and the construction of irrigation canals, which added barriers. Other related problems
are regional in scope, particularly those regarding truck traffic; and of course the River has long
been a natural boundary to the fully developed core of Fort Collins.
Other problems date back to the time of original development and annexation, when there were no
requirements for, public improvements in the transition from rural to urban. The key example of this
is the filling in of the Dry Creek channel and the lack of any acceptable storm drainage
improvements. This problem is multiplied since curb and gutter depend on a drainage system;
sidewalks depend on curb and gutter parameters; street trees depend on sidewalk parameters, and
soon. The difficulties and costs of retrofitting basic public infrastructure into this area are part of
the growing concern that led to this planning effort.
Zoning and development requirements/costs that don't quite fit the area today are another frequently
' mentioned cause for lack of development and redevelopment activity in the area.
The project was first envisioned to include: identification of problems and issues through
interaction with properlAusiness owners and residents; analysis of the root causes; "visions" for
future land uses; alternative solutions; and finally recommendations and implementation strategies.
This is precisely what the Plan has done.
KEY POLICY ACTIONS:
The following is an outline of the intended changes to policy that are recommended in the Plan:
♦ Adopt the North College Avenue Corridor Plan into the Comprehensive Plan in
order to provide an overall vision and a policy basis for subsequent actions.
♦ Rezone according to the recommendations
♦ Streamline the regulatory process
- use administrative review for increased uses -by -right, with design criteria
♦ Establish development criteria to implement the North College Plan
- Clear, simple, practical and graphic,
- criteria will include standards and guidelines
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March 21, 1995
- the purpose is to make progress toward improving the built environment
consistent with the plan
- include option for PUD development,
- include mandatory PUD requirements for projects with significant impacts.
"Triggers" to be determined, with reference to All Development Criteria in
the LDGS.
♦ Fund key capital improvements that have leverage value in stimulating other
investment and revitalization, such as:
- Dry Creekflood flow improvements
- Redwood street extension
- West side mini -park
- Streetscape improvements on North College Avenue"
City Planner Clark Mapes gave a brief presentation and showed slides of the area.
Dean Hoag, business owner at 1475 North College Avenue and task force member, urged Council
to adopt the Plan and make it a priority. He stated the Plan provided a positive image for the north
side of the City.
Karen Weitkunat, 1513 North College and citizen representative of the North College Corridor '
Committee, felt the Plan represents a vision for the future direction for the corridor as well as the
gateway to the City. She urged adoption of the Plan and emphasized the need to complete the
guidelines in a timely manner.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 95-43.
Interim Deputy City Manager Frank Bruno spoke of enterprise zone advantages.
Mapes noted the Planning and Zoning Board recommended a four month deadline be imposed to
complete the rezoning and development standards and stated staff agreed with the time frame.
Councilmember Wanner offered an amendment to his previous motion amending the Resolution to
direct staff to complete the design standards and guidelines within four months. Councilmember
McCluskey accepted the amendment as a friendly amendment to the previous motion.
Director of Transportation Rick Ensdorff, spoke of truck traffic issues noting a meeting has been
scheduled with interested parties.
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March 21, 1995
Mapes confirmed discussions regarding special improvement districts were held and it was
determined that the assessment was so high it would not be possible at this time and commented it
has been noted in the Plan that the issue be revisited at a later date.
Councilmember Wanner commended Karen Weitkunat for her efforts on the project.
Councilmember Apt thanked everyone for their efforts.
The vote on Councilmember Wanner's motion as amended was as follows Yeas: Councilmembers
Apt, Azari, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 22, 1995
Amending Chapter 2 of the Code of the City of
Fort Collins Pertaining to Appeals, Postponed.
The following is staff's memorandum on this item.
' "Executive Summary
The proposed Ordinance would make two changes to the City Code provisions pertaining to the
appeals process. The first would add a requirement that an appeal filed by a Councilmember must
state in general terms the issues to be addressed at the hearing on the appeal. The purpose of this
change is to better enable parties -in -interest to prepare for the hearing. The second change would
be to add language clarifying that in making its decision on the appeal, Council can consider issues
not specifically raised in the Notice of Appeal, so long as the parties -in. interest are given an
opportunity to request a continuance of the hearing in order to adequately prepare responses to the
new issues.
BACKGROUND:
Periodically, revisions are made to that section of the City Code which defines the process for
appealing the decisions of certain boards and commissions to the City Council. The two changes
proposed by this Ordinance would address the procedure for the handling of appeals filed by
Councilmembers and, secondly, the question of whether Council can consider issues not stated in
the Notice of Appeal in making its decision on an appeal.
COUNCILMEMBER APPEALS
KIN
March 21, 1995
As to the first change, Section 2-48 of the Code states that any party in interest may file an appeal.
Included among the definition of parties -in -interest is "the City Council as represented by the
request of a single member of the City Council." This means that an individual member of the
Council can appeal a particular decision of one of the specified boards or commissions. When that
occurs, it is not necessary, according to Section 2-48, for the Councilmember to specify any
particular grounds for such an appeal. The problem that has arisen with this procedure is that
parties -in -interest opposed to the appeal may not be adequately informed as to the issues to be
addressed at the appeal hearing. Consequently, they may not know how to effectively prepare for
that hearing.
To address this concern, a change is being recommended which would require any Councilmember
filing an appeal to describe in general terms the issues to be addressed at the hearing. City staff
would then identify the relevant criteria in the Code which speak to those issues and they would
notify the parties -in -interest that those criteria will be reviewed by the Council. Staff would make
a presentation at the hearing indicating whether they believe that those criteria had or had not been
satisfactorily addressed by the decision of the board or commission.
GROUNDS TO BE CONSIDERED ONAPPEA
The purpose of the second proposed change would be to clarify that in making its decision on an '
appeal, Council can consider grounds or issues not specifically raised in the Notice of Appeal filed
by the appellant. Under the proposed amendment, if the Council were to take any such additional
issues into consideration, it would be possible for parties -in -interest to request a continuance of the
hearing so as to adequately address the new issues. The decision whether to grant the continuance
would be up to the Council.
At its February 27, 1995, meeting, the Planning and Zoning Board recommended the proposed
ordinance with one change.. The Board recommended that if City Councilmembers wish to consider
issues not specifically raised in the notice of appeal, such Councilmembers should make those issues
known to the parties -in -interest a reasonable period of time prior to the hearing on the appeal. The
Board reasoned that if this notice could be given, it would not be necessaryfor any party -in -interest
to request a continuance in order to adequately prepare to respond to the new issues.
In the letter received from Lucia Liley (a copy of which is included in the agenda materials), a
similar concern was expressed about delays that might result from Council raising "new" issues
at the hearing. At present, however, no change in the proposed ordinance is being recommended.
This is because: (1) requiring Councilmembers to identify any additional issues in advance of the
hearing may not address the concern that prompted the proposed change, since some additional
issues may still come to light only during the course of the hearing, in which case Councilmembers
would be constrained from addressing those issues, and (2) the City Council generally does not
receive materials pertaining to appeals until the Thursday before the hearing; therefore, there is
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March 21, 1995
inadequate time for Councilmembers to review that material, identify additional issues and provide
notice to parties -in -interest prior to the hearing.
Other alternatives would be for Council to (1) continue to limit itself to deciding the appeal strictly
on the grounds cited in the notice of appeal, or (2) eliminate any reference in Section 2-56(a) to the
grounds cited in the notice of appeal, so that the appeal could be decided on the bases of the record
on appeal and all relevant provisions of City Code and Charter. (The latter alternative would mean
that in reviewing a P. U.D. decision by the Planning and Zoning Board, Council could consider all
the LDGS criteria, without regard to the grounds cited in the notice of appeal.)
In summary then, the alternatives available to Council are as follows:
OPTION (Present Code Provision)
Council's review would be limited to the grounds stated in the notice of appeal.
OPTION B (Planning and Zoning Recommendation)
' Councilmembers would have to provide notice in advance of the hearing of any additional
issues to be considered at the hearing. (No specific period of notice was recommended;
however, at least five working days would appear to be necessary.)
OPTION C (Proposed Ordinance)
Councilmembers could identify new issues at the hearing so long as parties -in -interest have
an opportunity to request a continuance.
OPTION D
Council would review appeals using all relevant Code criteria (such as the LDGS) without
being limited to grounds stated in the notice of appeal; evidence still limited to the record
on appeal.
Given the various alternatives, the City Attorney continues to recommend the Ordinance as
proposed. If Council prefers one of the other options, however, changes can be made by amendment
on first reading of the Ordinance and the wording refined between first and second reading. "
City Attorney Steve Roy spoke of the changes the proposed ordinance would make to the Code and
explained the options.
Jennifer Fontane, Chair of the Planning and Zoning Board, stated the appeals process is reflective
of the Board's relationship with Council. She noted the Board strongly recommends against
505
March 21, 1995 ,
Councilmembers being allowed to present new issues during appeals and recommended Council
adopt Option B.
Mayor Azari suggested if Council is interested in any Option other than Option C, that the item be
postponed for additional research and clarification.
Councilmember Kneeland spoke in support of Option A.
Councilmember Apt suggested taking the issue to the Growth Management Committee and other
parties -in -interest for further input and review beforeCouncil consideration.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to postpone
consideration of Ordinance No. 22, 1995 to June 20, 1995 after review and comments.from the
Growth Management Committee. Yeas: Councilmembers Apt, Azari, Kneeland, McCloskey, Smith
and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 95-44 ,
Making Findings of Fact Regarding the
Appeal of the Planning and Zoning Board
Approval with Conditions of The Ponds
at Overland Trail R-F Cluster Development Plan
and Modification of Said Plan with an Additional Condition: Adopted.
The following is staff's memorandum on this item.
"Executive Sutnmaa
At the March 7, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellants, and applicants of The Ponds at Overland Trail R-F Cluster Development Plan. In
subsequent discussion at this hearing, Council determined that the Board failed to properly interpret
and apply the requirements of Subsection (a) of Section 29-116 of the City Code. Council modified
the P&Z decision and approved the Cluster Development Plan with the condition that further
evidence be provided to the P&Z Board regarding the Subsection. Based upon its review of this
evidence, the Board should determine whether any. changes to the Cluster Development Plan are
necessary to protect the view of the foothills. "
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March 21, 1995
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Resolution 95-44. Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember. Smith, to adjourn the regular
meeting to a meeting of the General Improvement District #1. Yeas: Councilmembers Apt, Azari,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting reconvened at 10:15 p.m.
Ordinance No. 40, 1995
Appropriating Funds From Prior Year Reserves
and Authorizing Transfer of Appropriated Amounts
' between Funds for the Purpose of Providing
Additional Amounts Needed to Construct Street Improvements
to Linden Street Between Walnut and Jefferson Streets. Ado to ed Option C.
The following is staff's memorandum on this item.
"Financial Impact
In 1994, Council approved an appropriation of $300,000 from the Sales/Use Tax Fund use tax
carryover reserve. This appropriation, along with an appropriation of GID dollars ($257,467) were
to be used to construct improvements to Linden Street. As of December 31, 1994, $250,000 of the
initial GID appropriation had not been spent or encumbered. Accordingly, these funds lapsed into
GID reserves at year end. The project was subsequently delayed and the only bid received on the
project came in approximately 9% over the original cost estimate, resulting in a $219,500 shortfall.
Qi2tion A appropriates $184,000 in City Funds and $250,000 transferred from the GID to be used
to complete. the Linden improvements according to the original project scope. Q12tion
appropriates $99,500 in City Funds and $250,000 transferred from the GID to be used to complete
the Linden improvements with the project scope reduced by $84,500.
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March 21, 1995 ,
Executive Summary
The project bid for the Linden Streetscape improvement came in 9% over the cost estimate and due
to other factors outlined below the project is in need of additional funding to construct the
improvements as originally envisioned. The actual Bid price is $687,000. The bid plus a
contingency of $82,500 is a total worst case cost of $769,500. Available appropriations for the
Linden Street project total $550,000, including the GID contribution ($250,000) and the City
contribution from last year ($300,000). The total additional funding needed to construct the project
with. no deletions or alterations is $219,500.
Option A recommended by staff provides a combination of cost reductions and an additional
appropriation of money from three sources. The major contributor would be the Sales/Use Tax
Fund Use Tax Carryover Reserve ($143,500). If adding this much money from these sources is
unacceptable, a second option (B) is presented which significantly cuts the project and uses only
$59,000 from the use tax carryover reserve.
HISTORY
In September 1993, the preliminary cost estimates for this project ranged from $296,412 for a '
sidewalk renovation program to a complete new street and widened sidewalk design at $653,000.
The preliminary cost estimates evaluated three scenarios: sidewalk renovation only, widening the
sidewalk to allow for greater Pedestrian access and activity and build a new road, and an option to
phase the widened sidewalk and new road over two or more years. Through an extensive public
review process in the winter of 199311994, staff solicited input from the DDA, DBA, a public open
house, and a citizen design review committee. The recommendation was to build the second option;
widen the sidewalk and construct anew road. The final cost estimate for the preferred option was
$623,245 (plus contingency) in May 1994. The GID fund balance at that time was approximately
$230,000, including prior year funds.
Staff and the City Manager approached the City Council in the spring of 1994 to seek additional
funding prior to finalizing the engineering drawings. The City Council was supportive of the idea
to build the complete project with widened sidewalks and new road and approved an additional
$300,000.
At this point, the project cost estimate exceeded the project funding by $100,000. When staff
approached City Council for this additional money, there was a $60,000 allowance in the final cost
estimate for pedestrian lights and street art. Staff reduced the project budget by this allowance
based on the amount of funding provided. Staff felt that if there was good competition and numerous
bidders that this competition might eliminate the remaining $40,000.
508 1
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March 21, 1995
At the same time, $222,223 was appropriated to the project from GID prior year reserves. Staff
identified $35,244 in existing GID appropriations that were allocated to the Linden Street project.
This contribution with the $300,000 added from the Sales and Use Tax Fund use tax carryover
reserve, resulted in an appropriation of $557,467.
BID PROCESS
The project was bid in February 1995. Although 30 bid packets were given out, there was only one
bidder for the project. Staff has researched why other bidders did not respond. Several bidders felt
that the project was very risky and that there were to many unknowns working in an historic district
and rebuilding a 100 year old street. Three of the bidders were concerned about the tight time frame
for construction and the costly liquidated damages for the project if they were not able to meet the
substantial completion date.
Staff has discussed this and believes that the time frame for construction to meet substantial
completion, of 85 calendar days, is sufficient. This is almost three months to demolish and rebuild
one block of street and sidewalk. Staff feels it is important to minimize the amount of disturbance
and the, amount of time that Linden Street will be closed to vehicular traffic. Ninety days to complete
this project should be adequate. Staff also feels that many bidders are nervous about "bad press"
on possible construction delays. All of these factors may have contributed to higher construction
costs and lack of competition.
This project does have several unknowns, such as possible hazards in the road bed and waste
disposal issues. Due to the age of the road and the surrounding historic structures, staff
recommends holding 15% of the fund balance for contingency. The contingency is budgeted at
$82, 500.
OPTIONS
Staff has evaluated six options to identify other sources of funds, as well as reduce the project costs.
These options range from fully funding the shortfall from the General Fund to the other extreme of
cutting the project and performing only a part of the work as originally envisioned within the funds
available. Staff recommends adoption of Ordinance No. 40, 1995 (Option A).
Option A:
This option fully implements the project as envisioned within the 85-day time frame.
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March 21, 1995 '
Staff is suggesting that a portion of the new money for the project be added from the Street Overlay
and Minor Street Capital Projects. Both of these projects are designed as renovation and
replacement projects to replace streets as they near the end of their useful life. Money is collected
into these projects overtime so that the money is there when the need arises. This portion of Linden
Street is scheduled at some time in the future for replacement. However, the Linden Streetscape
project will construct a new concrete street. This will add significantly to the useful life of this one
block. Because of this early replacement, the cost liability to these accounts is lessened. Therefore,
we would suggest adding $30,500 from the Street Overlay Project and $10,000 from the Minor
Street Capital Project to this Linden Streetscape Project. These are the projected savings to these
accounts by having this work done in 1995.
In addition, staff has reduced the cost of this project by shifting funding for bicycle racks from this
project account to an ISTEA contribution. The Transportation Services Area will provide these
racks which saves money in this project.
The Historic Fort Collins Development Corporation has expressed an interest in raising funds to
beautify this project. An item they have discussed is fundraising for the street clock which replicates
a clock that existed on this site. Staff would suggest reducing this project by the cost of the clock
($29,100) and working with the Corporation for private funding. '
Finally, staff is recommending that $143,500 be added from the Sales and Use Tax Fund to complete
this project.
The above recommendation would cover the shortfall as follows:
Reduce Cost of Project: Street Clock $29,100
Bike Racks 6.400
$35,500
Add Funds: Street Overlay $ 30,500
Minor Street Capital 10,000
Sales and Use Tax Fund 143.500
$184,000
Total $219,500
Option B:
If adding $143,500 from Sales and Use Tax is unacceptable, the project can be modified and built I
with the.following reductions.
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Project Reductions
March 21, 1995
Street Lighting
$30,000
Bollards
15,000
Stone Wall Seating
7,500
Street Clock
29,100
New Sandstone Paving
32,000
Bike Racks
6.400
$120,000
Construction would provide a "space"for some of the above items and the electrical system, should
future funding become available.
Source of Funds:
Street Overlay $30,500
Minor Street Capital 10,000
' 1995 GID Fund 59.000
$99, 500
This combination of new funds ($99,500) and project cuts ($120,000) equals the existing shortfall
($219,500). Ordinance B would accomplish this option if approved by Council.
OTHER ISSUES:
Finally, in anticipation of the question about the use of other GID money for this project, a
discussion of the GID fund and its planned projects might be helpful. In 1995, there is
approximately $90,000 appropriated in the GID Fund. However, there would be significant impacts
if additional GID funding is used for the Linden Street Project. This would have a chain effect and
impact all future projects on the priority list. First, it would postpone the Oak Street Paver
Replacement Project and delay the LaPorte/College intersection improvements. The Oak Street
Paver Replacement has been a priority for several years. Further delay would increase the cost of
this project because of further freezing and thawing action on the pavers and its foundation.
The LaPorte Street/College Avenue Project is targeted for construction in 1996. This intersection
project has received $35,000 in ISTEA money that must have a 1996 City match and must be spent
in 1996.
All future GID projects will have to seek additional money, regardless of the Linden Streetscape
project. This includes the LaPorte/College Avenue construction. Utilizing 1995 GID money for the
Linden Street Project would require even more of a contribution from other funding sources in the
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future. Essentially, we would be borrowing from all future projects that are already short of
money. "
Director of Cultural, Library and Recreational Services Mike Powers outlined the options.
Councilmember Smith expressed concerns regarding the bid process and stated he felt uncomfortable
moving forward.
Park Planner Janet Meisel stated several contractors expressed concerns regarding deadlines and
penalties assessed if the project was not completed on schedule.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 40, 1995 Option C.
City Attorney Steve Roy read the changes to the Ordinance into the record.
Steve Slezak, representing the Downtown Development Authority, spoke in support of Option C.
Tommy Short, business owner at 214 Linden Street, urged Council to adopt the ordinance and I
proceed with the project.
Laura Everly, owner of Walnut Street Gallery, supported the motion and encouraged Council to
adopt the Ordinance.
Jeff Bridges, 725 Mathews, stated citizens have lost confidence in the process and spoke of the need
for change. He urged adoption of the Ordinance.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Apt, Azari,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Items Relating to the School Resource Officer
Program with the Poudre School District R-1.. Adopted as Amended.
The following is staff's memorandum on this item.
"Financial Impact
For 1995, no appropriation of City funds is necessary. Council is requested to appropriate funds ,
from the Poudre R-1 school district in the amount of $98,437 for year 1995. Police Services has
identified funds within its budget from productivity savings to pay for in -kind costs and recruitment,
selection and training of officers to be hired for the School Resource Officer Program. The sum
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reserved for this first year match is $45,000.00, and this has been set aside for possible use with this
Program. If the Program is approved, the $45,000 will be included in the productivity savings
appropriations that will go before Council in June, 1995.
Executive Summary
A. Resolution 95-38 Authorizing an Intergovernmental Agreement Between the City of Fort
Collins and the Poudre School District R-I for a School Resource Officer Program.
B. First Reading of Ordinance No. 38, 1995 Appropriating Unanticipated Revenue of $98,437
from PR -I to Police Services Budget.
The Poudre R-I Board of Education decided to explore a School Resource Officer Program (the
"SRO Program") and officially allocated funds that are now being offered to the City of Fort Collins
and Lorimer County in order to pay for officers.
Generally, the SRO Program is designed to place a uniformed Fort Collins police officer in each
of the three high schools. During the recent past, Police Services has seen an increase in the
' number of calls for service at the schools, and teachers and administrators more frequently find
themselves dealing with serious issues such as weapons in the schools or expulsions required by new
state laws for unsatisfactory behavior. In addition, all parties involved are interested in problem -
solving approaches to future issues. The SRO Program really had its genesis in discussions among
school administrators, teachers, school staff, and police officers.
School resource officers will be specially trained to work proactively with the entire school
community to assist in providing a safe and healthy learning environment. Accordingly, this
program fits nicely into the concept of community policing and the practice of problem -solving, and
broadens attempts to develop additional community and public safety programs with a significant
portion of community.
In adopting the Resolution, the City Council is being asked to authorize the City to enter into an
intergovernmental agreement with the Poudre School District R-I that sets forth the terms and
conditions of the SRO Program. (Under the Agreement, the Lorimer County Sheriff is also involved
in the SRO Program for schools in the County.) At the request of Council, the Resolution also
directs the City Manager to conduct a review of the SRO Program three years after it is in operation
and make a recommendation to Council as to whether the City should continue to participate in it.
Of course, the SRO Program will be evaluated on a yearly basis, but the three-year clause has been
added as a more formal requirement. In enacting the Ordinance, the Council is requested to
appropriate to the City's General Fund $98,417 in funds to be received by the Cityfrom the School
District under the SRO Program for 1995.
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March 21, 1995 '
BACKGROUND:
Police calls for service to the junior high and high schools have risen significantly during the last
three school years. These calls for service can be better managed by reporting directly to an on -site
police officer. Additionally, some of the major call groups such as assaults, disturbances, thefts,
vandalism, and trespasses may be significantly reduced with an assigned police officer, patrol
vehicle, and problem -solving approach. The idea is to form a partnership with the School District
in order to create enhanced, innovative policing service to deal with present and future challenges
in the school community.
The School District is proposing a funding scale which will be gradually reduced over the next five
years. Considering the time required to hire and train police officers, Police Service's participation
can begin in the fall of the 1995 school year.
Police Services now handles between 250-300 calls for service per year at the three high schools.
A great majority of these demands for service would be handled by the on -site school resource
officer. A great benef t from this program is that the officer will be expected to gather data and
work with faculty and students to prevent future calls for service. This kind of policy has great
advantages over merely sending a patrol unit during a call or after the incident has happened, and I
is in accord with modern practices of identifying opportunities to apply problem -solving concepts
within various portions of the community.
Briefly, the SRO Program is designed to:
0 help to provide a safe learning environment;
0 improve relations between.students, faculty, staff, and police officials;
P create a collaborative, problem -solving environment regarding public safety issues in the
school community; and
answer calls for service with a school resource officer rather than sending an area patrol
unit.
FUNDING AND FUNDING SCHEDULE
The Board of Education has proposed to the Mayor and City Council that they accept $98,437 in
order to begin the SRO Program in the 1995 school year. Three new officers will need to be hired
and trained before trained veteran officers can be assigned to the schools for the 1995 Fall semester.
This proposal does fit well with Police Services' philosophy of proactive approaches with youth and
youth crime issues. Staff expects that the funding schedule in the proposal will be accommodated '
in future Police Services budget requests due to the City's growth profile, not to mention adjustments
which can be made through attrition. It is important to know that in the proposed intergovernmental
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March 21, 1995
agreement, any party may terminate the agreement without cause by giving 180 days prior written
notice.
The following is the proposed funding schedule
Poudre R-1
Poudre R-1
Contribution to
Contribution to
Total
Calendar
Fort Collins
Larimer County
Poudre R-1
Year
Police Services
Sheri,(fs Dew
Contribution
1995
$98,437
$32,813
$131,250
1996
98,437
32,813
131,250
1997
73,827
24,609
98,436
1998
36,913
12,304
49,217
1999
zero
zero
zero,,
Councilmember Smith expressed concerns regarding policing, he stated it seemed more like school
policing rather than community policing.
Chief of Police Fred Rainguet spoke of how the language in the Resolution was originated and gave
a brief description of the item.
Ken Forest, Director of Business Operations for Poudre R-1, spoke of the benefits of integrating
officers in the school system.
Councilmember McCluskey expressed funding concerns and suggested funding be reviewed on an
annual basis.
Rainguet spoke of the evaluations the Police Department would be conducting on an annual basis.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution
95-38.
Councilmember Wanner offered an amendment to the motion amending the Resolution and
Agreement to add a Section 2 containing language requiring an annual review of the project.
Councilmembers Apt and Kneeland accepted the amendment as a friendly amendment to the
previous motion.
' Mayor Azari commended the Police Department for its reduction in crime and its efforts in
controlling gangs. She stated it was not Council's intent to take the place of school disciplinarians,
but to create safe community environments.
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The vote on Councilmember Apt's motion as amended was as follows: Yeas: Councilmembers Apt,
Azari, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner, to adopt Ordinance No.
38, 1995 on First Reading. Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adjourn to
6:30 p.m. on March 28. Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith and
Wanner. Nays: None.
1 .I u• S► ::: 6
The meeting adjourned at 11:30 p.m.
ATTEST:
City Clerk
1
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