HomeMy WebLinkAboutMINUTES-01/21/1992-RegularJanuary 21, 1992
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
January 21, 1992, 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, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Kevin Gordon, representing the Rain Bird Lawn Sprinkler Manufacturing
Corporation, presented the first National CARE Award for water management
excellence to Water Conservation Specialist Jim Clark of the City's Utility
Service Center.
Mr. Gordon presented awards to Eldon Ward of City Scape Urban Design Inc., Steve
Smith of Acqua Engineering Inc., and Norm Mills of Mills Brothers Landscaping and
Nursery Inc., for their efforts in the water conservation.
' Al Bacilli, 520 Galaxy Court, commented on vendor's fees.
Yolanda C. Nicely, 749 South Lemay, expressed concerns regarding the lack of
affordable housing. She urged Council to take the lead to help in lowering rents
and creating affordable housing.
Citizen Participation Follow-up
Councilmember Fromme reported she had not received the information she requested
regarding Mr. Bacilli's concerns with respect to vendor's fees.
City Manager Steve Burkett reported the issue of affordable housing would appear
on the March 24 Worksession Agenda.
Agenda Review
City Manager Steve Burkett stated there were no changes to the agenda as
published.
Councilmember Fromme requested that Item #12, Hearing and First Reading of
Ordinance No. 6, 1992, Formally Changing the Service Area Name from "Office of
Development Services" to "Office of Community Development Services, be withdrawn
from the Consent Calendar.
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January 21, 1992
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #16, Pulled
Consent Items.
7.
91
The City has recently received notification of an "Emergency Management
Assistance" (EMA) grant award in the amount of $3,555 for the time period
of October 1, 1991 to December 31, 1991. This grant requires a 50/50
match in funds. These matching funds are currently included in Police
Services' 1992 budget, primarily under the Emergency Management
Coordinator position. This Ordinance, which was unanimously adopted on_
First Reading on January 7, appropriates the $3,555 for Police Services' '
Emergency Management Program.
Items Related to the Link-N-Greens Third Annexation and Zoning.
A.
13
River Corridor, Zoning District.
On January 7, Council unanimously adopted Resolution 92-1 Setting Forth
Findings of Fact and Determinations Regarding the Link-N-Greens Third
Annexation.
On January 7, Council also unanimously adopted Ordinance No. 2, 1992 and
Ordinance No. 3, 1992, which annex and zone approximately 44 acres located
south of East Lincoln Avenue and west of Lemay Avenue. The property is
presently developing as a nine hole expansion to the existing Link-N-
Greens Golf Course. The property is currently zoned 0-Open in the County.
This is a voluntary annexation.
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January 21, 1992
10.
Unit Developments.
This is a request to amend Section 29-526 of the City Code, pertaining to
the effect of Planned Unit Developments. This change clarifies when a PUD
process is necessary and when property that was previously approved as a
PUD may be developed in accordance with the underlying zoning as a use -by -
right.
11.
This is a request to amend Section 29-644 of the City Code, relating to
Minor Subdivisions. This change is necessary to specify the time period
in which appeals to Minor Subdivisions may be filed.
12.
"The Office of Development Services" is identified in Section 2-506 of the
' Code as providing ". . . architectural and engineering services required: '
by the city This language does not accurately describe the
functions of the service area, which includes the Engineering Department,
the Planning Department, the Transportation Division, the Natural
Resources Division, the Building Permits and Inspection Division, and the
Economic Affairs Office. The new language is more representative of the
functional aspects of the service area.
13.
This action establishes a policy which affords an opportunity for
interested parties to comment on proposed transit services changes.
14. Resolution 92-13 Making an Appointment to the Senior Advisory Board.
A vacancy currently exists on the Senior Advisory Board due to the
resignation of Ronald Bergen.
Councilmembers Winokur and Azari reviewed the applications on file and are
recommending that Jill Taylor be appointed to complete the term which
expires July 1, 1994.
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January 21, 1992
1
15. Routine Deeds and Easements.
Deed of Easement from Geneva Homes, Inc. for utility, drainage, and
access purposes across a portion of Lot 25, Block 8, Sunstone
Village P.U.D. 4th Filing. Monetary consideration: $ 0.
Deed of Easement from Tri-Trend, Inc. for drainage purposes over
portions of Lots 61, 62, 63, 64, and 65, of Rossborough Subdivision
4th Filing. Monetary consideration: $ 0.
Deed of Easement from Southglen Apartments Partnership for public
and emergency access across portions of South Glen P.U.D. 2nd
Filing, and the Replat of South Glen P.U.D. 3rd Filing. Monetary
consideration: $ 0.
Deed of Easement from Southglen Apartments Partnership for a
temporary drainage easement across a portion of the Replat of South
Glen P.U.D. 3rd Filing. Monetary consideration: $ 0.
Deed of Easement from Oak Farm, Inc. for utility purposes across a
portion of the property situated at the southwest corner of the
intersection of Harmony Road and Boardwalk Drive. Monetary
consideration: $ 0. '
Deed of Easement from Robert N. and Susan E. Clark for sight
distance across a portion of Lot 29 of the Mallards at the Landings
P.U.D. This easement restricts fencing and landscaping within the
area of the easement to preserve an unobstructed line of sight for
vehicles at the intersection of Whalers Way and Maxwell Drive.
Monetary consideration: $ 0.
Deed of easement from Craig F. Ferris and Nancy S. Bodie for sight
distance across a portion of Lot 24 of the Mallards at the Landings,
P.U.D. This easement restricts fencing and landscaping within the
area of the easement to preserve an unobstructed line of sight for
vehicles at the intersection of Whalers Way and Seaboard Lane.
Monetary consideration: $ 0.
h. The following rights -of -way and easement dedications all pertain to
the Burns Ranch at Quail Ridge Subdivision approved by the Planning
and Zoning Board June 24, 1991:
Deed of Right -of -Way from Burns Ranches, Inc. for Overland Trail
Road at Skimmerhorn Street. Deed of Right -of -Way from Elizabeth
and Cameron Thomas Herring for Skimmerhorn Street west of Overland
Trail. Deed of Easement from Burns Ranches, Inc. for temporary
access at the south end of Skimmerhorn Street extended. Monetary
consideration: $ 0. '
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January 21, 1992
i. Land acquisition from Sue F. Gwynn, 701-703 E. Alpert Court, needed
for the Stover/Stuart Bridge Project. Monetary consideration:
$86,000 (based on appraised value - duplex and lot).
j. Deed of easement from Keith A. Sharf, vacant land on W. Prospect
between Shields Street and Taft Hill Road, needed for a storm
drainage easement. Monetary consideration: $15,844.95 (based on
value estimates in the area).
k. Right-of-way from Laverne J. and Dorothy M. Olson, 943 E. Prospect
Road, needed for the Prospect/Lemay Intersection. Monetary
consideration: $2,000.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Item #8.
Item #9
Items Related to the link-N-Greens Third Annexation and Zoning
IA. Second Reading of Ordinance No 2 1992 Annexing
Aporoximately 44 Acres. Known as the Link-N-Greens Third
Annexation.
Q
Item #10.
Item #11.
Item #12.
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt and
approve all items not removed from the Consent Calendar.
The vote on Councilmember Fromme's vote was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
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January 21, 1992
THE MOTION CARRIED.
Ordinance No. 6, 1992,
Formally Changing the Service
Area Name from "Office of Development
Services' to "Office of Community
Development Services", Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
"The Office of Development Services" is identified in Section 2-506 of the Code
as providing ". architectural and engineering services required by the city
This language does not accurately describe the functions of the service
area, which includes the Engineering Department, the Planning Department, the
Transportation Division, the Natural Resources Division, the Building Permits and
Inspection Division, and the Economic Affairs Office. The new language is more
representative of the functional aspects of the service area.
BACKGROUND:
Members of the community also have expressed concern that the name "Development '
Services" might connote an organizational bias for new land development projects.
In an attempt to more accurately characterize the mission of the service area,
the proposed ordinance prefaces the current official title with the word
"community". Staff believes the simple addition of that word emphasizes the
true nature of the organization: a community -wide resource for the physical
design, economic growth, and environmental issues associated with "developing"
the Fort Collins "community" from a broad participatory context.
Several new names were considered, but the final choice makes the most sense in
terms of simplicity and familiarity, while facilitating the transition from the
former name. Also, no additional costs nor additional waste generation are
anticipated with the change. Existing stocks of stationery and related supplies
will be depleted."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 6, 1992 on First Reading.
Councilmember Fromme made a motion, seconded by Councilmember Horak, to amend
Ordinance No. 6, 1992 changing the title to read "Community Planning and
Environmental Services".
Councilmember Fromme noted the service area includes several groups encompassing
a great deal more than development services. She stated that one of Council's
goals is to enhance the environmental quality of the community and placing an
emphasis on community development does not denote environmental quality. ,
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January 21, 1992
Christine Ferguson, representing Citizen Planners, spoke in support of the
amendment.
Councilmember Horak spoke in support of the amendment stating it more clearly
defines the purpose.
The vote on Councilmember Fromme's motion to amend was as follows: Yeas:
Council members Azari, Fromme, Horak, and Winokur. Nays: Councilmembers Edwards,
Kirkpatrick and Maxey.
THE MOTION CARRIED.
The vote on Councilmember Azari's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Resolution 92-14
Accepting the Framework for
Environmental Action and
Reaffirming Priority Action Items. Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
An ongoing goal of the City Council is to enhance the environmental quality of
the community. Resolution 90-160, adopted in November 1990, established six
priority areas for environmental planning and program development. One of these
was the completion of a Framework report to guide continuing efforts to revise
the City's environmental policies and improve environmental management programs.
Staff has completed the Framework. The proposed resolution accepts the findings
and recommendations of the report, reaffirms priority action areas, and directs
staff to report annually on implementation progress.
BACKGROUND:
Beginning in Apri1, 1990 staff began development of a Framework to set the stage
for a comprehensive review and redirection of the City's goals, objectives,
policies, and programs with respect to environmental management. This project
has evolved over time.
o Initial emphasis was placed on developing a process for
preparing a comprehensive plan for environmental management.
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January 21, 1992
In August 1990, Council determined that emphasis was being
placed on the analytical process at the expense of actions
that would provide immediate benefit and directed staff to
develop a work program to:
(1) prioritize the major areas where policy review was
required, and
(2) identify incremental steps for improving environmental
quality.
In November 1990, Council adopted Resolution 90-160 which set
six priority areas for action: Air Quality, Natural Areas,
Hazardous Materials, Poudre River, Stormwater Quality, and the
Framework Report.
The City Council's work program adopted in Resolution 91-99
added energy conservation and City environmental practices as
additional priorities and underscored the ongoing importance
of recycling and water demand management.
Adoption of this Resolution would bring closure to the effort to define a
Framework for the ongoing work to revise City environmental policies, plans, and
programs. Staff has completed a report entitled, "Framework for Environmental
Action for the City of Fort Collins." The resolution accepts the findings and
recommendations of the report, reaffirms the priority action areas set by
Resolution 90-160 and Resolution 91-99, and directs, staff to provide an annual
report on implementation progress.
The Framework includes three major sections:
Environmental Management Today gives an overview of current
environmental management. Included are (1) a directory of
existing City Codes, Council Resolutions, and Master Plans
that guide environmental management, and (2) a directory of
environmental programs and responsibilities of City
departments.
Future Directions identifies areas for future improvement,
including: (1) policy and plan development, (2) development
of environmental management tools, (3) public information and
involvement, and (4) organizational direction and structure.
Action Plan presents a detailed work plan to review and revise
environmental policies and programs over a period of several
years.
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January 21, 1992
REVIEW BY BOARDS AND COMMISSIONS AND THE PUBLIC
The Framework report reflects the ideas and opinions of city residents and
Council advisory boards and commissions. Public involvement activities included:
(1) an extensive outreach program between April and August 1990 to identify
issues of concern to the community, (2) public review of the initial work program
and action priorities in November 1990, and (3) public review of a draft of the
Framework report. The draft report was revised to respond to comments received.
A summary of the changes in the draft report is attached.
The Natural Resources Advisory Board (NRAB) reviewed the Framework on January 2.
The NRAB voted unanimously to endorse the report and made several recommendations
for improvement which have been incorporated into the final report. The NRAB
stressed the need to ensure that the recommendations of the Framework are
implemented in a timely fashion. Approval of a letter of comment to Council is
scheduled for January 15. This letter will be included in the Council packet on
January 21.
The Storm Drainage Board (SDB) reviewed the Framework on January 8. The SDB
voted unanimously to endorse the report and made several recommendations for
improvement which have been incorporated into the final report. The SDB
requested clarification of the criteria used to evaluate existing policies in_
' Table 3-1. Changes were made in the Final Report to respond to this concern.-
SDB also identified the need to bring people with diverse perspectives together
to solve environmental issues and suggested that a team might be formed to help
guide implementation with representatives from key City departments and boards
and commissions. A letter of comment from the SD8 is attached.
The Air Quality Task Force (AQTF) reviewed the Framework on January 8. AQTF
endorsed the report and recommended acceptance by Council.
The Planning and Zoning Board (PZB) discussed the Framework in a worksession on
January 8. No formal action was taken, however, individual Board members
commented on the report. No major issues were identified and comments were
supportive of the report.
The Water Board will review the report on January 17. Comments received at that
meeting will be included in the Council packet on January 21.
The attached letters of comment were received from the Larimer County
Environmental Health Department and Natural Resources Department. The Health
Department stressed the importance of active cooperation between the City and the
County on environmental matters. The Natural Resources Department identified the
need for the City to prepare a plan for managing undesirable plants. Changes
were made to the report to address these comments.
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January 21, 1992
PROGRESS ON OTHER PRIORITIES
Completion of the Framework for Environmental Action was one of the priorities
set by Council for environmental action. During 1991, a great deal of work was
also accomplished in other priority areas. Highlights of 1991 accomplishments
are summarized in an attached memo."
Natural Resources Administrator Tom Shoemaker outlined the framework report,
noting the report highlights areas where changes in programs and policies need
to be considered and provides a workplan for issues of concern.
Councilmember Winokur made a motion, seconded by Councilmember Fromme, to adopt
Resolution 92-14.
Storm Drainage Board Chairperson Laura Davis, spoke in support of the plan.
Will Smith, Natural Resources Advisory Board Chairperson, stated the Natural
Resources Advisory Board unanimously endorsed the framework report and urged
Council to support the resolution.
Christine Ferguson, representing Citizen Planners, supported the plan and
commended Council and staff for their efforts.
Yolanda C. Nicely, 749 South Lemay, spoke of economic concerns. '
Councilmember Fromme expressed her pleasure with the plan and commended staff for
its work.
Mayor Kirkpatrick stated the plan contained excellent direction.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-15
Authorizing the Purchasing Agent
to Enter Into an Agreement with the
National Civic League to Facilitate
a Community Visioning Process, Failed.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
$5,000 of funds appropriated in the 1992 Budget will be spent for this purpose.
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January 21, 1992
EXECUTIVE SUMMARY
One of the City Council's Goals is to "Plan and Provide for Capital Improvement
Needs in the Community." During the 1991 Council retreat an item was identified
for the Council Work Plan regarding a Citizen Involvement Process for Capital
Improvement Planning. Since that time a grass roots organization has developed
called the Community Vision Coalition. The City Manager and some City Council
members have been involved with this group as they have begun to set forth a
process called CHALLENGE FORT COLLINS. This community visioning process will be
facilitated by the National Civic League.
This resolution authorizes the Purchasing Agent to enter into a contract with the
National Civic League to provide these facilitation services. The.City's $5,000
is part of the total $30,000 funding necessary to complete this process.
Ordinarily a contract for only $5,000 would not require Council authorization,
but given the nature of this Council Work Plan item staff wanted to ensure
Council's commitment to this particular process.
This process is very action oriented and will have a significant impact on the
future of Fort Collins. The City has been asked by the group of citizens to play
an active role in the process and it is an opportunity we should be glad for.
Together with the other major employers and public institutions in the community,
we have an opportunity to take a leadership role with a group of citizens::
' committed to a bright future for our community. Attached is a memo the Mayor
sent in December which includes the Community Vision Coalition's marketing
packet."
Mayor Kirkpatrick withdrew from discussion on this item due to a perceived
conflict of interest.
City Manager Steve Burkett briefly described the process.
Councilmember Horak asked if Mr. Burkett's involvement on the Initiating
Committee would suggest a conflict of interest. He asked City Attorney Steve Roy
if the Ethics Review Board should review the matter.
City Manager Steve Burkett replied he had no financial or personal interest in
the matter. He stated if Council was concerned about a possible conflict of
interest he would withdraw from the Initiating Committee.
City Attorney Steve Roy stated the Ethics Review Board could only review
potential conflicts of interest involving Councilmembers or members of boards and
commissions. He explained the categories of conflicts of interest involving City
staff and noted he did not feel the City Manager had a conflict regarding this
matter.
Councilmember Edwards made a motion to adopt Resolution 92-15.
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January 21, 1992
THE MOTION DIED DUE TO LACK OF A SECOND.
Resolution 92-16
Making Findings of Fact
Regarding an Appeal From
the Zoning Board of Appeals
and Remanding the Matter Back
to the Board for a New Hearing, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On November 14, 1991, the Zoning Board of Appeals denied a setback reduction
variance for a carport addition at 1513 Constitution Avenue. At its meeting on
January 7, the Council heard an appeal of that decision. After reviewing the
matter, the Council found that the matter should be remanded to the Board for a
new hearing.
BACKGROUND:
At the hearing on this matter, the Council reviewed the record on appeal and
received presentations from City staff and the appellants. At the conclusion of '
the hearing, Council voted 3-2 to remand the matter to the Zoning Board of
Appeals for a new hearing.
The Resolution prepared for Council's consideration directs the Board to
reconsider the variance request in light of: (a) previous requests for setback
variances for carports; (b) the location of other existing improvements on the
lot; and (c) the fact that this is an older corner lot.
The rehearing of this matter has been scheduled for the February 13 agenda of the
Zoning Board of Appeals. At that time, the appellants and other parties -in -
interest will be permitted to introduce any additional evidence which they
consider to be relevant to the Board's determination."
Councilmember Azari withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Winokur withdrew from discussion on this item because he did not
participate in the appeal hearing and decision.
Mayor Kirkpatrick withdrew from discussion on this item due to a perceived
conflict of interest and requested that Councilmember Horak chair the meeting.
Councilmember Fromme made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-16.
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January 21, 1992
Councilmember Edwards stated he did not support the resolution and believed the
Zoning Board of Appeals provided a complete review of the Zoning Code and that
the hardship was self imposed.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Fromme, Horak and Maxey. Nays: Councilmember Edwards. (Councilmembers Azari,
Kirkpatrick and Winokur were withdrawn)
Resolution 92-17
Amending Resolution 91-136
of the Council of the City of
Fort Collins Establishing a Policy
on the Distribution of Information to Council Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Resolution 91-136 was adopted on October 15, 1991. It established a policy for
the distribution of information to City Councilmembers and consequently the
public. At its meeting on January 7, 1992, a motion .was made to amend this
resolution by deleting the "Non -Public Information" category. The item was
' tabled until tonight's meeting.
Resolution 92-17, if passed by the Council, would amend the previously adopted
resolution by (1) changing the introductory "whereas" clauses, (2) eliminating
the "Non -Public Information" category (Section 3 of the original resolution), and
(3) deleting the reference to that category in Section 1."
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 92-17.
Yolanda C. Nicely, 749 South Lemay, spoke in support of open government and
urged Council to adopt the resolution.
Councilmember Maxey opposed the "no classification" category allowing all
correspondence addressed to Councilmembers be available for public inspection.
Councilmember Winokur asked if there were any requirements for Councilmembers who
receive mail at the homes and spoke of federal laws prohibiting opening the mail
of other people.
City Manager Steve Burkett clarified Councilmembers can request their mail be
sent to them unopened.
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January 21, 1992
II
Councilmember Edwards commented that even though he agreed with the intent of the
resolution, private citizens wanting to correspond with Councilmembers should
have the right to their privacy.
Councilmember Horak stated the resolution serves as a guideline advising staff
how to categorize Councilmember's incoming mail.
Mayor Kirkpatrick encouraged Council to send the item back to staff to see if the
"no classification" language could be revised so that it might be a consensus
policy.
Councilmember Winokur made a motion, seconded by Councilmember Maxey, to amend
Resolution 92-17 deleting Section 1, and replace the word "categories" to
"category".
Yolanda C. Nicely, 749 South Lemay, opposed the amendment stating correspondence
addressed to Councilmembers should be a matter of public record.
Bruce Lockhart, 2500 E. Harmony Road, spoke of miscellaneous methods individuals
or staff could correspond with Council if they wanted to keep the matter private.
Councilmember Winokur clarified the intent of his motion was to keep the barest.
minimum of information confidential and allowing everything else to be open to '
the public.
Councilmember Horak stated he believed the resolution was very direct and noted
the amendment does not change the definition of "public record".
Councilmember Winokur withdrew his amendment stating he understood staff and
Council to say they wanted an affirmative statement and his proposed amendment
did not accomplish that.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
Other Business
Councilmember Winokur made a motion, seconded by Councilmember Maxey, directing
the Mayor, in her capacity as a member of the Platte River Power Authority Board
of Directors, together with Councilmember Horak, in his capacity as liaison to
the City's Electric Utility Board, to meet with staff before the end of 1992, and
bring back alternatives to Council for possible changes to the Organic Agreement
with Platte River Power Authority before it comes up for renewal.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
IE, Fa
January 21, 1992
AdJournment
The meeting adjourned at 8:20 p.m.
- "�e—w�b
Mayor
ATTEST:
City Clerk
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