HomeMy WebLinkAboutMINUTES-04/25/1995-Adjourned' April 25,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Adjourned Meeting - 6:30 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 25,
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: Azari, Janett, Kneeland, McCluskey, Smith and
Wanner.
Councilmembers Absent: Apt.
Staff Members Present: Davis, Jones, Roy.
Items Relating to the Establishment of an Art in Public Places
Program and Creation of an Art in Public Places Board. Adopted as Amended.
The following is staff's memorandum on this item.
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"Executive Summary
A. Second Reading of Ordinance No. 20, 1995 of the Council of the City of Fort Collins
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.
B. Second Reading of Ordinance No. 21, 1995 of the Council of the City of Fort Collins
Amending Chapter 2, Article III, of the Code of the City of Fort Collins Creating an Art
in Public Places Board.
On March 21, 1995, Ordinance No. 20 and Ordinance No. 21, 1995 were unanimously adopted
on first reading. Three suggestions were made by council to improve the ordinance at that
meeting.
A process should be conducted after 3 years to provide council with public input
concerning continuation of the Art in Public Places program.
2. The Cultural Resources Board should recommend the "arts professionals" that
would be eligible to serve on the Art in Public Places board.
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April 25, 1995
3. The degree requirement for the arts professionals that would serve on the Art in Public '
Places board should be eliminated.
Based on this council input, staff met with the Cultural Resources Board to amend the ordinance as
follows:
Ordinance No. 20, 1995 is amended by the addition of Section 3 to read as follows:
On or before April 1, 2000 the City shall conduct a public outreach process to
determine the public's opinion of the Art in Public Places Program and shall present
the results of this process to the Council for its consideration.
The suggestion of three years was considered by the Cultural Resources Board and it
was decided that five years would allow more time for the program to work through any
early problems and more projects would be completed which would allow for a better
informed public input.
Ordinance No. 21, 1995 is amended by modifying Section 2-102(a) as follows:
(a) The board shall consist of seven (7) members appointed by the City Council, three '
(3) of whom shall be arts professionals. For the purpose of this section, arts
professional shall mean a person who has
either a degree
io;the Council arls.&bfessionals;for appointment=io the`- board. A member of the
Cultural Resources Board shall serve as an ex offcio liaison to the board.
All other sections of the ordinance and guidelines remain the same as presented at the first
reading. "
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 20, 1995 on Second Reading.
Cultural, Library and Recreational Services Director Mike Powers clarified a staff person is currently
in charge of the Visual Arts Program and would accept the added responsibility for the program.
Assistant City Attorney Marty Heffernan clarified for Council the term "construction project" and
responded to Council questions and comments.
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April 25, 1995
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Councilmember Kneeland emphasized the need to obtain public input and review the program in 5
years to determine if the program should continue.
Karen Warren, Chair of the Cultural Resources Board, concurred with Councilmember Kneeland's
comments regarding review and public input.
Karen Weitkunat, 1513 North College, stated although she supports the program she requested
postponement of the Ordinance, stating she did not believe all issues had been addressed.
Gerry Horak, 1511 Lakeside, opposed the Ordinance.
Councilmember Wanner offered a friendly amendment to the previous motion changing Section 3,
Page 4 to read "On or before April 1, 1998..." and after the word "consideration" insert the phrase
"to further be reviewed after results of the poll are received". Councilmembers McCluskey and
Smith accepted the amendment as a friendly amendment to their previous motion.
City Attorney Steve Roy noted there needs to be clear direction regarding the existence of the
program if Council votes to not approve its continuation after the 5 year term.
' Councilmember Wanner clarified it was his intent that the program be reapproved in order to
continue after the 5 year term.
Councilmember Janett objected to the broadness of the Ordinance, with specific consideration to
utilities and stated she did not believe that ratepayers would benefit from the program.
Councilmember McCluskey stated accountability of the program's benefit would be placed on the
committee.
The vote on Councilmember McCluskey's motion as amended was as follows: Yeas:
Councilmembers Azari, Kneeland, McCluskey, Smith and Wanner. Nays: Councilmember Janett.
THE MOTION CARRIED.
April 25, 1995
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance '
No. 21, 1995 on Second Reading as amended. Yeas: Councilmembers Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 95-53
Making Findings of Fact Regarding the
Appeal of the Planning and Zoning Board's
Denial of the Saturn of Fort Collins P.U.D. -
Referral of an Administrative Change to the
Final Plan and Overturning the Decision of the Board Adopted
The following is staff's memorandum on this item.
"Executive Summary
On February 21, 1995, an appeal of the February 6, 1995 final decision of the Planning and Zoning
Board to deny the Saturn of Fort Collins P. U.D. - Referral of an Administrative Change to the Final
Plan was filed by Appellant Eugene A. Markley. '
On March 21, 1995, City Council voted to overturn the decision of the Planning and Zoning Board.
In order to complete the record regarding this appeal, the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The appellants' notice of appeal was based on allegations that:
"The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the
Code and Charter,"
"The Planning and Zoning Board failed to conduct a fair hearing by considering evidence relevant
to its findings which was substantially false or grossly misleading. "
At the March 21, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellant, and the attorney and consultant for the appellant. In subsequent discussion at this
hearing, Council determined that the Board did not properly interpret the relevant provisions of the
City Code and Charter. The appellant withdrew the allegation that the Board failed to conduct a
fair hearing. City Council determined to overturn the decision of the Planning and Zoning Board. "
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April 25, 1995
' Councilmember Janett withdrew from discussion on this item due to not participating in the initial
discussion regarding this item.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 95-53. Yeas: Councilmembers Azari, Kneeland, McCluskey, Smith and Wanner.'Nays:
None. (Councilmember Janett withdrawn)
THE MOTION CARRIED.
Resolution 95-57
of the Council of the City of Fort Collins
Accepting the Advisory Opinions and
Recommendations No. 95-2 and No. 95-3
of the Ethics Review Board. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
' Section 2-569(e) of the City Code provides that all opinions and recommendations of the Council
Ethics Review Board be submitted to the full Council for review and approval. The Ethics Review
Board met on April 11, 1995, to render opinions on the following questions: (1) whether two
members of the Landmark Preservation Commission (the "LPC") can participate in the LPC's
decision -making process regarding the designation of property for landmark status upon the
nomination of the "Historic Fort Collins Development Corporation ", given the fact that they serve
on the Board of Directors of Historic Fort Collins, and (2) whether former Councilmember Gerry
Horak may accept employment with the City as a referee or umpire for City -sponsored sporting
events, if that employment would commence within one year of his services as a Councilmember.
As to the first question, the Board believes that the service of LPC members with Historic Fort
Collins and similar, privately funded non-profit organizations is compatible with their service on
the LPC and should be encouraged. In order to distinguish this situation from other somewhat
analogous situations where service with private, non-profit organizations may create a conflict of
interest, the Board has recommended that an existing provision in the City Code be amended to state
that such service does not create a conflict of interest when it is officially sanctioned by the City
Council. The Board is also recommending that a companion change then be made to the sections
of the Code that describe the functions of the LPC, so as to specify that service on Historic Fort
Collins and similar organizations is permissible.
As to the second question presented, the Board believes that it is clearly permissible under the
provisions of the City Charter for Mr. Horak to accept employment with the City as a referee or
' umpire, because those positions are hourly, seasonal positions and the compensation for those
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April 25, 1995
positions is not fixed b the City Council. The Charter provision in question prohibits '
p .� Y
Councilmembers from accepting positions of employment with the City within one year of the date
service as a Councilmember expires, but only if the position of employment is one for which the
compensation was fixed by the City Council during the Councilmember's term. Therefore, the
Charter provision does not apply to Mr. Horak's situation and the employment in question is
permissible.
The Board's opinions are being presented to the Council for its review and approval. If the Board's
recommendation with regard to the LPC is accepted by the Council, the recommended changes to
the City Code will be presented for Council's consideration on first reading at the Council's regular
meeting on May 16, 1995. "
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Resolution 95-57. Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Other Business
Mayor Azari asked if anyone on Council who was on the prevailing side of the economic incentives I
issue desired to reconsider the item.
There was no response from the prevailing side and the meeting continued
Mayor Azari spoke of the appeals process and the possibility of Code changes. She noted the
language in the Code requires appeals to be heard "expeditiously".
Councilmember Janett reported a worksession has been scheduled to review and discuss all aspects
of the appeal process.
Councilmember Kneeland stated she believed appeal hearings that continued after midnight cease
to be considered public meetings.
City Attorney Steve Roy clarified appeals could not be heard at worksessions unless Council would
adjourn a regular meeting to the date and time of a scheduled worksession or a special meeting could
be called.
A citizen addressed Council and asked that "public input" be included in the Other Business portion
of the meeting.
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April 25, 1995
' Mayor Azari stated she would consider the request after conclusion of Council's discussion. She
reported Council had scheduled a worksession with Fort Collins Inc.
Councilmember Janett spoke of the lack of communication between the City, Hyundai and Fort
Collins Inc., regarding the recent economic incentives issues. She spoke of the need to hold a
worksession to discuss the diverse view points relating to economic incentive issues.
Mayor Azari spoke of the City's relationship with Fort Collins Inc. She reported she would be
sending a letter to Symbios Logic explaining the City's position regarding base employment
opportunities in the City of Fort Collins.
Councilmember Janett spoke of the controversy regarding economic incentives and spoke of the lack
of a consensus regarding incentives. She spoke of the need to retain "good corporate citizens" and
of the need for growth to pay its own way.
Mayor Azari asked if Council was opposed to allowing 20 minutes for public input.
Gerry Horak, 1511 Lakeside, questioned the process.
' City Attorney Steve Roy stated Council would need to make a motion allowing public input.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to allow 20 minutes
for public comment or any issue of concern. Yeas: Councilmembers Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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Ann Zollman, 4201 McMurray Avenue, presented Council with a petition urging Council to
reconsider economic incentives for Hyundai and spoke of the need to attract businesses who would
offer a living wage.
Sheila Donahoe, a Fort Collins resident, urged Council to reconsider its recent vote regarding tax
incentives for Hyundai and of the need to support the economic health of the community.
Kelly Ohlson, 2040 Bennington Circle, thanked Council for allowing time for public input. He
stated the process involving economic incentives was too rushed and hoped Council would address
the Cost of Growth and Development Study. He commented that he did not believe Symbios Logic
would leave Fort Collins due to lack of incentives.
Dan Eckles, 255 East Monroe Drive, spoke of the need to retain Symbios and attract large basic
' industry and commented that the cost of doing business in Fort Collins is too high.
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April 25, 1995
Tom Jackson, 720 West Willox Lane, spoke of a petition he circulated showing that 95% of the '
citizens were in favor of Council reconsidering the economic incentive issues. He commented that
there was not adequate time for public input on the issue.
Jim Hightower, 3206 Wedgewood Court, expressed concerns regarding the future of Fort Collins,
and stated the current tax structure does not encourage Symbios Logic to expand, nor does it entice
other highly capitalized companies to locate in Fort Collins. He requested a cap be placed on total
capital tax liability.
Tom Hartmann, 3025 Anchor Way, stated that although he opposed the decision regarding Hyundai,
he felt Council should stand behind its decision.
Jerry Dusbabek, 1613 Trailwood Drive, spoke in favor of allowing incentives for Hyundai and spoke
of the importance of attracting companies paying a living wage.
The meeting adjourned at 7:55 p.m.
ATTEST:
City Clerk
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Mayor