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HomeMy WebLinkAboutMINUTES-07/25/1995-AdjournedI July 25,1995 COUNCIL OF THE CITY OF TORT 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 Wednesday, July 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 COuncllmemberS: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Councilmember Absent: None. Staff Members Present: Jones, Krajicek, Roy. Executive Session Authorized The July 18 regular Council meeting was adjourned to this date and time to allow Council to consider adjourning into Executive Session to consider legal matters related to an adversarial situation. ' Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adjourn into Executive Session to consider legal inatters relating to an adversarial situation. The vote was as follows: Ygas: Councilmembers Apt, Azari, Janett, Kneeland, McCloskey and Wanner. Nays: Smith. THE MOTION CARRIED. At the conclusion of the Executive Session, the meeting reconvened. Resolution 95-114 Approving a Settlement Agreement Pertaining to Civil Action No. 94 CY 333-3 Adot to 1. The following is staff's memorandum on this item. "Executive Summary The Resolution would authorize the settlement of a lawsuit involving the construction of right turn lanes in connection with the Choices 95 Shields Street project. Under the proposed settlement, a right turn lane for southbound Shields Street at the intersection of Prospect Road would be constructed. Additionally, money would be set aside to fiord the construction of all 1 229 additional right tan lane for northbound traffic on Shields Street at the intersection of Laurel ' Sit -eel, if service at that intersection indicates that such a right nun lane is warranted by the end of 1999. The proposed agreement also provides for the payment of the Plaintiffs' court costs in the amount of $4,700.00. Finally, under the settlement, the parties would jointly move the Court to vacate the judgment that had been entered by the trial court in this case and dismiss the action. BACKGROUND. On January 3, 1989, the City Council submitted to the electorate of the City a proposed Ordinance which was subsequently adopted by the voters at a City election on March 7, 1989. The Ordinance provided for- the imposition of can additional 1/a¢ sales land use lax for the purpose of raising revenue for certain "Choices 95" Capital Improvement Projects. Among these projects, in the Street/Transportation category, were two projects known as "Shields, Laurel to Prospect" and "Pro.specdShields Intersection. " At the time that these two projects were constnucled, the City Council determined that two right turn lanes referenced ill the Choices 95 Executive Committee Report should be elintinated from file project. A lawsuit was subsequently commenced by three citizens seeking a determination that the Council's elimination of the right turn lanes was coarary to the requirements of the Ordinance. After a triad oat the merits of the Plaintiffs' claims, the trial court entered judgment granting the relief' sought by the Plaintiffs. The City has until next Monday, July 31, within which to appeal the vial cou rt's decision. , Negotiations have been undertaken with the Plaintiffs to see whether a compromise solution taut be reached which would avoid the uncertainty and expense of continuing this litigation. Pursuant to those negotiations, a proposed settlement agreement is being presented to the Council for its consideration. Under the proposed agreement, the City would construct a right turn lane at the intersection of Prospect Road and Shields StreetJor.southbound irafc on Shields Street. The construction of this right turn lane would begin in the spring of 1996, as soon as possible after spring session of C.S.U. ended, rail it is anticipated that it would be completed no later than the end of August, barring weather delays or otter unforeseen circumstances. The agreement would also provide that the intersection of Laurel Street and Shields .Street, which is presently functioning at a level of service "B", would be monitored annually until the end of 1999 to see whedner a right turn lane for northbound .Shields Street at that intersection becomes necessary to prevent the level of service at the intersection front falling below a level of service "D ". Eighty Thousand Dollars ($80,000) of Choices 95 revenue would he set aside to be used for the construction of that right tan lane, if it proves to be necessary. At the end of the monitoring period, that money would be released for use by Council as permitted under the Ordinance. 230 I July 25, 1995 7 The agreement fia-Oter provides that the parties would ask the trial court to vacate the judgment previously entered in the case and dismiss the lawsuit with prejudice. Upon the vacation r f the judgment and dismissal of the action, the City would pay to the Plaintiffs the sum of Four 7housand Seven Hundred Dollars ($4,700) as payment for costs incurred by the Plaintiffs. " Mayor Azari asked City Attorney Roy to explain the nature of the resolution before Council. City Attorney Roy stated the resolution, if adopted, would approve a settlement agreement pertaining to the civil action in Larimer County District Court that deals with two capital projects, the Shields Street projects, that were part of Choices 95. The issues being litigated had to do with the City Council decision to eliminate two right turn lanes, one at the intersection of Prospect and Shields and the other at the intersection of Shields and Laurel. The matter went to trial and a judgement was entered in favor of' the plaintiffs and the City was ordered to construct the right turn lanes. Negotiations with the plaintiffs have produced a possible settlement agreement lie stated the agreement provides that one of the right turn lanes (Shields and Prospect) would be constructed beginning in the spring of 1996 and would be completed by the end of August 1996. The right turn lane at Laurel and Shields would not be built and would instead be monitored annually through 1999 by the City in terms of the level of service. At present the intersection is functioning at a level of service "B" and if during the monitoring period, the City Engineer and a traffic engineer selected by the plaintiffs, determine it is necessary to construct the right turn lane to prevent the intersection from falling to a level of service "E", the, City will have escrowed sufficient funds (approximately $80,000) to accomplish the construction. If that did not prove to be necessary, the money would be released and could be spent for any other purpose within the Choices 95 ordinance. Additionally the City has agreed to pay $4,700 in costs incurred by the plaintiffs in the course of the litigation. The parties will jointly move the court to vacate thejudgentent and to dismiss the lawsuit. Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Resolution 95-114. Councilmember Janett asked about measures to facilitate pedestrian safety with the construction of the right turn lane at Prospect and Shields. Civil Engineer II Mark Sears stated staff does not believe the right turn lane will compromise pedestrian safety. He stated two crossing guards have been added at the intersection. Councilmember Apt asked that staff solicit input from the parent group at Bennett Elementary School about the effect of the lane and the safely measures to be taken. 231 'The vote on Councilmember Smith'sJuly 25, 1995 motion to adopt Resolution 95-I 14 was as follows: Yeas: CoUncilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Businecc Resolution 95-107 Making findings of Tact and Conclusions Regarding an Appeal from the Decision of the P&Z Board's Approval of the Marsee PUD and Overturning the Decision of the Board, Adopted City Attorney Roy explained that this resolution pertains to the Mai -see Appeal Findings Resolution that was considered on July 18. Typically those Councilmembers who do not participate in the hearing, do not participate in the vote on the findings resolution. At the July 18 meeting, after the three Councilmembers excused themselves, only three Councilmembers were left. Tonight there are four and it would be advisable to vote on Resolution 95-107 when four Councilmembers are present to do so. Councilmembers Azari, Kneeland and McCluskey withdrew from consideration and vote on the resolution. Mayor Pro Tern Janett chaired this portion of the meeting. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution 95-107. The vote was as follows: Yeas: Councilmembers Apt, Janett, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Janett announced that railroad track removal along Riverside is beginning and the intersection of Mulberry and Riverside will be closed to traffic between Riverside and Lemay from July 31 through August 4. 232 The meeting adjourned at 7:30 p.m. ATTEST: Adjournment 233 July 25, 1995