Loading...
HomeMy WebLinkAboutMINUTES-01/05/1993-RegularJ 1 January 5, 1993 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 5, 1993, 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, Horak, Kirkpatrick and Maxey. Staff Members Present Councilmembers Absent Burkett, Krajicek, Roy. Winokur.. Also Present: Newly -elected Councilmember Kneeland. Swearing in of new Councilmember City Clerk Wanda Krajicek administered the oath of office to District 4 Councilmember Chris Kneeland. Councilmember Kneeland took her seat at the Council desk. Citizen Participation David Roy, a Fort Collins resident, expressed concerns regarding the passage of Amendment #2 and encouraged Council to actively work in opposing it. Sue Sharp, 2652 Avocet Road, expressed disappointment in handling of the golf pro selection and hearing process. Al Bacilli, 520 Galaxy Court, questioned provisions of City employee's contracts and opposed cost of living increases which exceed 3%. Brian Werner, 2640 Avocet Road, spoke of his dissatisfaction in the golf pro selection and spoke of the hardship it has .imposed. Citizen Participation Follow-up Councilmember Azari thanked David Roy for taking the time to express his opinion. Councilmember Edwards stated he believed the golf pro selection was not satisfactorily conducted and spoke of looking into policy considerations and issues. Councilmember Horak asked the City Attorney to research Council's authority in investigating the golf pro incident and stated he would propose conducting an investigation under the Other Business portion of the meeting. 320 January 5, 1993 Mayor Kirkpatrick responded to Mr. Bacilli's question regarding Council's direct employees contracts, noting the contracts are a matter of public record and are available for public inspection. Agenda Review City Manager Steve Burkett requested that Item #10, Items Relating to the Greenstone Annexation and Zoning, be withdrawn from the Consent Calendar and noted there were minor revisions to Item #16, Hearing and First Reading of Ordinance No. 1, 1993 Amending Financial Documents Relating to the Modifications of the City of Fort Collins 1982 Industrial Development Revenue Bonds Issued for the Tulakes Associates Project. He requested that Item #17, Hearing and First Reading of Ordinance No. 2, 1993 Annexing Certain Properties Into the Downtown Development Authority District, be withdrawn from the Consent Calendar to be considered at a later date. 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 #22, Pulled Consent Items. FN 10 Consider approval of the minutes of the regular meeting of October 20. Institute. 1991 Edition, With Amendments. The City of Fort Collins has historically adopted the Uniform Fire Code as its primary code for the identification and abatement of fire safety hazards: This model code is developed and published by the International Fire Code Institute ("IFCI") on three year cycles. The 1988 edition is currently adopted by the City. Poudre Fire Authority is requesting that City Council adopt the 1991 edition with certain local amendments. This Ordinance, which was unanimously adopted on First Reading on December 15, contains no major changes from past code requirements or practices, however, since First Reading of this Ordinance, minor editorial changes have been made to correct typographical errors. It continues the local programs in hazardous materials and underground storage tanks adopted in 1991 and 1989 respectively. This Code is a companion one to the Uniform Building and Mechanical Codes adopted by the City and Larimer County. Items Relating to the Greenstone Annexation and Zoning. 321 ' January 5, 1993 A. Second Reading of Ordinance No. 131, 1992, Annexing Approximately 188 Acres, Known as the Greenstone Annexation. Second Reading of Ordinance No. 132, 1992, Zoning Approximately 188 Acres, Known as the Greenstone Annexation, into the R-L-P, Low Density Planned Residential, Zoning District, subject to a Planned Unit Development condition and subject to a condition that the first residential phase be allowed to develop at a density of less than 3.0 dwelling units per acre (DU/ac) provided that the gross density of the residential portion of the Overall Development Plan (ODP) be at least 3 DU/ac. On December 15, Council unanimously adopted Resolution 92-178 'Setting Forth Findings of Fact and Determinations Regarding the Greenstone Annexation and Zoning. On December 15, Council also unanimously adopted Ordinance No. 131, 1992 and Ordinance No. 132, 1992, which annex and zone approximately 188 acres located approximately one mile south of Trilby Road, east of Lemay Avenue, north of County Road 32, and west of County Road 11 (Timberline Road). The annexation consists of two parcels of land under single ownership. The property is currently vacant and zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential, with a Planned Unit Development (PUD) condition and with a condition that the first residential phase be allowed to develop at a density of less than 3.0 DU/ac provided that the gross density of the residential portion of the ODP be at least 3 DU/ac. This is a voluntary annexation. 11. Items Relating to the Wuerker Annexation and Zoning. A. Second Reading of Ordinance No. 135, 1992, Annexing Approximately 14.54 Acres, Known as the Wuerker Annexation. Second Reading of Ordinance No. 136, 1992, Zoning Approximately 14.54 Acres, Known as the Wuerker Annexation, into the R-L-P, Low Density Planned Residential, Zoning District, subject to a Planned Unit Development condition and subject to a condition that the minimum allowable density be 1.5 dwelling units per acre. On December 15, Council unanimously adopted Resolution 92-180 Setting Forth Findings of Fact and Determinations Regarding the Wuerker Annexation and Zoning. On December 15, Council also unanimously adopted Ordinance No. 135, 1992 and Ordinance No. 136, 1992 which annex and zone approximately 14.54 acres located west of South Shields Street approximately onemile south of Harmony Road, at the southwest corner of South Shields Street and Fossil ' Creek Drive (extended). The annexation consists of one parcel of land 322 12. January 5, 1993 under single ownership. The property is currently vacant and zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential, with a Planned Unit Development (PUD) condition and with a condition that the minimum allowable density be 1.5 dwelling units per acre. This is a voluntary annexation. Fort Collins Police Services has applied for and been awarded an Emergency Management Assistance ("EMA") grant for federal fiscal year 1992. These funds are allocated by the Federal Emergency Management Agency to support emergency management program activities at the local level. Local jurisdictions must first meet specific program requirements and must have an established disaster agency and plan. The City has received notification of a grant award in the amount of $10,665 for the time period from January 1, 1992 to September 30, 1992. Ordinance No. 137, 1992, which was unanimously adopted on First Reading on December 15, would appropriate matching in funds to the grant. These matching funds are currently included in Police Services' 1992 budget, primarily under the Emergency Management Coordinator position. 13. Second Reading of Ordinance No. 138, 1992, Amending Section 22-97 of the Code of the City to Reinstate Certain Provisions Pertaining to the Disposition of the Proceeds of Sale of Special Improvement District Properties. Ordinance No. 138, 1992, which was unanimously adopted on First Reading on December 15, reinstates a subparagraph of Section 22-97 of the Code, pertaining to the manner of disposition of the proceeds of the sale of special improvement district properties, which was inadvertently deleted through prior amendments to the Code. 14. Items Relating to Tax Certificates of Purchase Issued for Delinquent Special Assessments. Second Reading of Ordinance No. 139, 1992 Amending Section 22-97 of the Code Relating to the Reduction of Statutory Redemption Interest Accruing on Tax Certificates of Purchase Held by the City for Special Improvement District Assessments. Second Reading of Ordinance No. 140, Subsection (c) of Section 23-111 Requirements and Notice Provisions Certificate of Purchase Held by th District Assessments. 323 e 1992 Repealing and Reenacting of the Code Relating to the for the Sale of a Tax Sale City for Special Improvement 1 January 5, 1993 Ordinance No. 139, 1992, which was unanimously adopted on First Reading on December 15, amends Section 22-97 of the City Code and permits the City Council to approve, by resolution, a reduction in the statutory redemption interest rate under certain circumstances. These circumstances are that such statutory redemption interest rate not be reduced below the highest rate of interest owed on any of the bonds which are paid with assessments collected from the property described in the certificate of purchase, and that the City Council finds that such reduction will not impair payment of the principal and interest owing under the affected bonds and tha•`_ such reduction is in the best interests of the City. Staff believes that this change is advisable because it would, in appropriate circumstances, allow property owners to redeem their properties at a reduced penalty rate, while still protecting the interests of the bondholders. Ordinance No. 140, 1992, which was unanimously adopted on First Reading on December 15, amends Section 23-111(c) of the Code to streamline the notice requirements that the City must satisfy whenever it is considering selling a certificate of purchase for less than its face value. The specific change made is to require that notice be sent to bondholders if, in the judgment of the Financial Officer, the proposed sale and assignment of the certificate of purchase will impair in any way the payment of any principal or interest owing to the bondholders of the bonds which are paid with assessments collected from the property described in the certificate ' of purchase the City is proposing to sell. As Section 23-111(c) currently reads, notice to bondholders is required in all circumstances regardless of whether payment of the bonds would be impaired. Therefore, the change will make future sales of tax certificates of purchase easier to accomplish. 15. While the Sign Code has generally worked well, there has been growing concern about signage as it applies to non-residential land uses in predominantly residential areas. This concern was affirmed in the City Council 1991 - 1993 Work Plan and the 1990 Audit of the Land Development Guidance System wherein staff was directed to review the Sign Code and prepare necessary changes to address these concerns. Ordinance No. 141, 1992, which was unanimously adopted on First Reading on December 15, addresses these concerns. In general, the recommendations are. two -fold: First, new standards are being recommended for the Sign Code which will regulate the amount, location and design of signs for non-residential land uses in residential areas. Second, these provisions only apply to non- residential developments located in the "Residential Neighborhood Sign District", which is considered to be those areas of the community that are predominantly residential in use and character. This District excludes ' predominately commercial areas, such as, College Avenue, Downtown and 324 16. 17 January 5, 1993 portions of Harmony Road and Prospect Road. Protect.. The City issued $800,000 of industrial development revenue Bonds in 1982 for the Tulakes Associates Project. The proceeds of the bonds allowed the construction and equipping of an office and manufacturing facility in the City. The lender for the transaction in 1982 was Denver National Bank which later became Affiliated National Bank -Denver, and has subsequently become Bank One, Denver, N.A. The initial bond issue was structured as a ten year bond, with a balloon payment in 1992. At the time the 1982 bonds were issued, project proponents envisioned refinancing of the debt in 1992 to lower interest rates. Tulakes Associates and Bank One have agreed to refinance the project to extend the term of the bonds for up to an additional ten (10) years. As issuer of the bonds, the City must also consent to the modification of the bonds. Over the years, the tax laws have changed. The extension of the bonds will change their tax status from tax-exempt to taxable. Ordinance No. 1, 1993, authorizes the Mayor and the City Clerk to endorse and sign the documents required to make the changes to the bonds. Hearing and First Reading of Ordinance No. 2, 1993 Annexing Certain Properties Into the Downtown Development Authority District. Brett Larimer has petitioned to include the property he owns in the 300 block of Mathews Street in the Downtown Development Authority District. To be annexed, the property or properties must be contiguous to the existing district and all property owners must consent to the annexation. In this instance, Mr. Larimer's property is separated from the DDA District by a City -owned parking lot located behind the DMA Plaza building. 325 I� 19 January 5, 1993 To meet the legal requirements for annexation, the City must authorize the annexation of its own property into the DDA District, approve the annexation of Mr. Larimer's property, and amend the DDA creation ordinance to include the additions of both these properties within the District. The Larimer County Boys and Girls Club (formerly Activities Youth Center) has been in existence since October 1986. The center is located in the downtown area at 246 North College, and is easily accessible to youth. The center provides a variety of recreational and personal growth activities for youth ages 10 to 18. Participation numbers for 1991 were 1,789 unduplicated participants, while 1992 through October has increased to 3,035. The City desires to enter into this agreement with the Larimer County Boys and Girls Club to provide at no or minimal fee, recreation activities and personal growth opportunities for youth in the community ages 10 to 18. Items Relating to Nominations to Various Steering Committees of the National League of Cities. The City of Fort Collins is a member city of the National League of Cities "NLC", which addresses the immediate and long term concerns of city officials and urban citizens. A. Resolution 93-2 Approving and Endorsing the Nomination of Gerry Horak to the Energy, Environment, and Natural Resources Steering Committee of the NLC. This Resolution would support the nomination and continued membership of Councilmember Gerry Horak on the NLC Energy, Environment, and Natural Resources Steering Committee, which is responsible for drafting policy statements for presentation to the counterpart Policy Committee. Resolution 93-3 Approving and Endorsing the Nomination of Loren Maxey to the Transportation and Communication Steering Committee of the NLC. This Resolution would support the nomination and continued membership of Councilmember Loren Maxey on the NLC Transportation and .Communications Steering Committee, which is responsible for drafting policy statements for presentation to the counterpart Policy Committee. 326 20. January 5, 1993 C. Resolution 93-4 Approving and Endorsing the Nomination of Ann Azari to the Human Development Steering Committee of the NLC. This Resolution would support the nomination and continued membership of Mayor Pro Tem Ann Azari on the NLC Human Development Steering Committee, which is responsible for drafting policy statements for presentation to the counterpart Policy Committee. Programs. The City will receive Intermodal Surface Transportation & Efficiency Act (ISTEA) funds for the operation of Commuter Pool. This funding is administered by the Colorado Department of Transportation. This action is primarily a housekeeping item which will ensure the flow of ISTEA funds through the State of Colorado to the -City for the purpose of operating carpooling and vanpooling programs. 21. Routine Deeds and Easements. a. Powerline Easement from Rita R. Wright, 2213 Magnolia Court, needed ' to underground existing overhead electric services. Monetary consideration: $10. b. Powerline Easements from Charles H. Griffith, Margie Nichols, Raymond Griffith, & Clarence T. Moore, 1219 Mathews Street, needed to underground existing overhead electric services. Monetary consideration: $10. C. Deed of Easement from Harmony Road Mobile Home Park Partnership, 2500 E. Harmony Road, needed to build a water line bypass around an existing water vault. Monetary consideration: $10. d. Deed of Easement from Northwood Investment Co. needed as a relief for the existing sanitary sewer line. Monetary consideration: $10. e. Powerline Easement from F. F. Cook, Jr., 606 S. Howes, needed to underground existing overhead electric services. Monetary consideration: $10. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. a 327 January 5, 1993 10. Items Relating to the Greenstone Annexation and Zoning. A. Second Reading of Ordinance No. 131, 1992, Annexing Approximately 188 Acres, Known as the Greenstone Annexation. Second Reading of Ordinance No. 132, 1992, Zoning Approximately 188 Acres, Known as the Greenstone Annexation, into the R-L-P, Low Density Planned Residential, Zoning District, subject to a Planned Unit Development condition and subject to a condition that the first residential phase be allowed to develop at a density of less than 3.0 dwelling units per acre (DU/ac) provided that the gross density of the residential portion of the Overall Development Plan (ODP) be at least 3 DU/ac. 11. Items Relatinq to the Wuerker Annexation and Zonin A. Second Reading of Ordinance No. 135, 1992, Annexing Approximately 14.54 Acres, Known as the Wuerker,Annexation. B. Second Reading of Ordinance No. 136, 1992, Zoning Approximately 14.54 Acres, Known as the Wuerker Annexation, into the R-L-P, Low Density Planned Residential, Zoning District, subject to a Planned Unit Development condition and subject to a condition that the minimum allowable density be 1.5 dwelling units per acre. 12. Second Readinq of Ordinance No. 137, 1992. ADpropriatinq Unanticipated 14. Items Relating to Tax Certificates of Purchase Issued for Delinquent Special Assessments. Second Reading of Ordinance No. 139, 1992 Amending Section 22-97 of the Code Relating to the Reduction of Statutory Redemption Interest Accruing on Tax Certificates of Purchase Held by the City for Special Improvement District Assessments. Second Reading of Ordinance No. 140, Subsection (c) of Section 23-111 Requirements and Notice Provisions Certificate of Purchase Held by th District Assessments. 1 328 e 1992 Repealing and Reenacting of the Code Relating to the for the Sale of a Tax Sale City for Special Improvement 15. 25 January 5, 1993 ' Items Relating to the Phillips Annexation and Zoning. A. Second Reading of Ordinance No. 133, 1992, Annexing Approximately 1.73 Acres, Known as the Phillips Annexation. B. Second Reading of Ordinance No. 134, 1992, Zoning Approximately 1.73 Acres, Known as the Phillips Annexation, into the H-B, Highway Business, Zoning District, subject to a Planned Unit Development condition. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 16 Pro.iect. 17. Hearing Prooerti 27. 1 Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays: None. THE MOTION CARRIED. Items Relating to the Greenstone Annexation and Zoning. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 131, 1992, Annexing Approximately 188 Acres, Known as the Greenstone Annexation. 329 January 5, 1993 B. Second Reading of Ordinance No. 132, 1992, Zoning Approximately 188 Acres, Known as the Greenstone Annexation, into the R-L-P, Low Density Planned Residential, Zoning District, subject to a Planned Unit Development condition and subject to a condition that the first residential phase be allowed to develop at a density of less than 3.0 dwelling units per acre (DU/ac) provided that the gross density of the residential portion of the Overall,Development Plan (ODP) be at least 3 DU/ac. On December 15, Council unanimously adopted Resolution 92-178 Setting Forth Findings of Fact and Determinations Regarding the Greenstone Annexation and Zoning. On December 15, Council also unanimously adopted Ordinance No. 131, 1992 .and Ordinance No. 132, 1992, which annex and zone approximately 188 acres located approximately one mile south of Trilby Road, east of Lemay Avenue, north of County Road 32, and west of County Road 11 (Timberline Road). The annexation consists of two parcels of land under single ownership. The property is currently vacant and zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential, with a Planned Unit Development (PUD) condition and with a condition that the first residential phase be allowed to develop at a density of less than 3.0 DU/ac provided that the gross density of the residential portion of the ODP be at least 3 DU/ac. This is a voluntary annexation. ' APPLICANT: Mr. Jay Stoner c/o Jim Sell Design 117 E. Mountain Ave. Fort Collins, Co 80524 OWNER: Mr. Jay Stoner 605 S. College Avenue Fort Collins, CO 80524" Councilmember Horak withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 131, 1992 on Second Reading. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Kneeland and Maxey. Nays: None. (Councilmember Horak withdrawn) THE MOTION CARRIED. Councilmember Horak withdrew from discussion on this item due to a perceived conflict of interest. 1 330 January 5, 1993 Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 132, 1992 on Second Reading . The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Kneeland and Maxey. Nays: None. (Councilmember Horak withdrawn) THE MOTION CARRIED. Staff Reports Jennifer Carpenter, Chair of the Landmark Preservation Commission, reported that Fort Collins had been chosen as the site of the National Trust for Historic Preservation's 1993 Preservation Leadership Training Institute. She commended staff for compiling the proposal which resulted in the selection of Fort Collins. Assistant Planning Director Joe Frank commended staff and other outside organizations for their assistance in putting together the application. Chief Construction Inspector Dave Stringer reported Fort Collins had received a Concrete Paving Award. Councilmember Reports ' Mayor Kirkpatrick gave a state of the City address and commented on the passage of Amendment #1, the Natural Areas Policy Plan, and the City's growth policy. Councilmember Horak questioned why the City was placing Light and Power adds in local newspapers. He reported that Bill Kneeland had resigned from the Cultural Resources Board to avoid a potential conflict of interest. Councilmember Azari reported she had three items to address under the Other Business portion of the meeting. Items Relating to the Phillips Annexation and Zoning. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 133, 1992, Annexing Approximately 1.73 Acres, Known as the Phillips Annexation. B. Second Reading of Ordinance No. 134, 1992, Zoning Approximately 1.73 Acres, Known as the Phillips, Annexation, into the H-B, Highway Business, Zoning District, subject to a Planned Unit Development condition. 331 January 5, 1993 On December 15, Council unanimously adopted Resolution 92-179 Setting Forth Findings of Fact and Determinations Regarding the Phillips Annexation and Zoning. On December 15, Council also unanimously adopted Ordinance No. 133, 1992 and Ordinance No. 134, 1992 which annex and zone approximately 1.73 acres located approximately 150' west of 1-25 on the north side of Prospect Road. The area to be annexed consists of three parcels with three property owners. The property is currently, vacant and zoned C, Commercial in the County. The proposed zoning is H-B, Highway Business, with a Planned Unit Development (PUD) condition. This is the annexation of an enclave area. APPLICANT: City of Fort Collins OWNERS: Phillips Petroleum Co. 210 E. Park Ave. 42400 Oklahoma City, OK 73102 Leroy K. Smith 3500 Carlton Ave. HW52 Fort Collins, CO 80525 K-Z Enterprises 2345 7th St. Denver, CO 80211" Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 133, 1992 on Second Reading. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays: None. THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 134, 1992 on Second Reading. The vote on Councilmember Edwards' motion was as follows: Yeas Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays THE MOTION CARRIED. 332 Councilmembers None. January 5, 1993 ' Resolution 93-5 Selecting a Design Concept for Improvements to Shields Street from Project Road to Laurel Street, Adopted Alternative 2 as Amended. The following is staff's memorandum on this item. "FINANCIAL IMPACT Alternative 2: (P&Z Alternative) Provide On Street Bike Lanes $407,000 Realignment of North Drive 50,000 Additional Funds Needed S457,000 CSU's Contribution for North Drive S 25,000 Choices 95 Revenues/Savings 348,000 114 Cent Necessary Capital 84,000 Total - Recommended Funds Available $457,000 EXECUTIVE SUMMARY , After spending over a year gathering community wide input, working with the adjoining property owners, and the area neighborhood association on this Choices 95 project, consensus was not achieved. The issue that remains, whether to widen the street to add bike lanes, is a conflict between community transportation values and neighborhood values. As requested by City Council, the P&Z Board has reviewed the proposed design alternatives and listened to the neighborhood's concerns. P&Z is recommending 6' bike lanes on the street, but it recommends that the splash strip/sidewalks be narrowed to a width of 8' for a maximum right-of-way width of 84' in the residential district. Staff believes this recommendation will work except at the right turn lanes and along the west side between Plum and Birch Streets. BACKGROUND: ISSUES FOR DISCUSSION: The primary issue remaining in the. decision between two design concepts, besides funding, is whether the bike lanes should be on the street or on the sidewalks. Many in the community desire to provide separate facilities for bikes/pedestrians by adding on street bike lanes, but this is in conflict with the Prospect/Shields Neighborhood Association's (PSNA's) desire to protect the residential character of their neighborhood by keeping Shields Street at its present width between the curbs. ' 333 January 5, 1993 Neighborhood Recommendation - Alternative No. 1 The PSNA desires to protect the residential character of the neighborhood by keeping Shields Street at its present width and to minimize the impacts to the individual property owners. The PSNA would like Alternative I with 10' sidewalks to be shared by bicyclists and pedestrians. Staff is recommending that, if Alternative I is selected, 3' wide splash strips be added to each side as shown below in Alternative 1. ALTERNATIVE No. 1 It o. N 0 N N 0 > -0 x a 0 rn f9 to 10, 3' 12' m O 11' �R a r o m � 3 6 U)y � in m 12' 1131 10' t 84' RIGHT OF WAY WITH SPLASH STRIPS 78' RIGHT OF WAY WITHOUT SPLASH STRIPS WITHOUT SPLASH STRIPS COST - $1,325,000 BUDGET - $1,348,000 UNDER BUDGET 423,000 WITH SPLASH STRIPS COST - $1,440,000 BUDGET - $1,348,000 OVER BUDGET - $92,000 This concept, approved by the Choices 95 Committee, would place both bicyclists and pedestrians on bi-directional 10' wide sidewalks on each side of Shields Street. The project scope also includes the construction of right turn lanes for south bound Shields at Elizabeth, and north bound Shields at Laurel, which are included in both alternatives. Although the 10' sidewalks would be a significant improvement over the present lack of facilities along Shields Street, this alternative has a high number of potential pedestrian/bicyclist conflicts and bicyclist/motorist conflicts. Pedestrians and bicyclists alike oppose this alternative. P&Z Recommendation The Planning and Zoning Board recommends the alternative that has bike lanes on street, but recommends the splash strip/sidewalks be narrowed to 8' for a maximum 334 January 5, 1993 right-of-way width of 84' in the residential district to be more sensitive to the impacts to the residential property owners. Staff supports this compromise. With the desire to meet the Transportation Policies adopted by Council and in response to overwhelming community input, staff recommends that the Choices 95 Committee's suggested project scope be modified to separate bicycle and pedestrian facilities. Staff spent over one year presenting three design alternatives to the community and the neighborhood for input. The following Boards and community groups have all endorsed the alternative that has bike lanes on the street. Transportation Board Natural Resources Board CSU Facilities Planning Choice City Cycling Coalition PLANNING AND Planning and Zoning Board Air Quality Task Force CSU Transportation Committee ZONING BOARD ALTERNATIVE 67' a m O N > > 0 O C� > > N 6' 2' 6' 11' 11' 11' 11' 11' 6' 84' RIGHT OF WAY COST - $1,755,000 BUDGET $1,348,000 OVER BUDGET - $407,000 These improvements will provide safe access to CSU for bicyclists and pedestrians, and will provide a needed route for commuter bicyclists. This option allows for continuity with City Street Standards and meets Transportation Policies. This alternative greatly improves the safety of this section of Shields Street by minimizing the number of potential conflicts between pedestrians/bicyclists and bicyclists/motorists. North Drive and Plum Street Input received from the public at the Open Houses, the CSU Transportation Committee, and the Office of Facilities Planning at CSU has indicated a serious , 335 January 5, 1993 need to reconstruct North Drive to align with Plum Street to eliminate the off- set at the intersection. If North Drive is reconstructed along with Shields Street it can be done relatively inexpensively, and will greatly improve the traffic flow of all transportation modes along both Shields Street and the Plum/North corridor. CSU has indicated that it is willing to split the estimated cost of $50,000. Therefore, the City's additional cost for the realignment of North Drive will be $25,000. IMPACT MITIGATION: There are many impacts to the adjacent property owners with both alternatives, some of which can not be mitigated easily or at all, ie. loss of parking and loss of a very large tree. However, most of the impacts can be mitigated. Landscaping can be restored in most cases and sometimes enhanced. Large trees will be replaced with a greater number of smaller trees. Property owners will be compensated, for property value damages as a part of the right-of-way acquisition process. The project costs will include impact mitigation, restoration of landscaping, and damages to property values. There will be benefits to the property owners and the neighborhood as well. The addition of sidewalks, new curb and gutter, and new driveways will improve the look of the front of many of the properties. In several cases the existing trees ' and landscaping have overgrown the existing sidewalks and need to be re - landscaped. The sidewalks and bike lanes will also serve the area residents and businesses. Many of the residents are CSU or Bennett Elementary students who ride their bikes or walk to school. The businesses will also benefit since many customers either walk or bike. MITIGATION PROCESS: A landscape architect has been hired to work with the property owners and the PSNA to prepare a streetscape concept that will help add some continuity to the streetscape and enhance the neighborhood identity. Once the streetscape concept is selected the landscape architect will meet with the property owners individually to listen to their concerns and determine the impacts to their property. The architect will then work with the property owner and the City to prepare a plan which mitigates the impacts and meets the streetscape concept as well. Once the plan is accepted by the property owner and the City, the right-of-way negotiator meets with the property owner to present the City's offer for the necessary right-of-way. The offer is based on just compensation for the land being acquired and the property value damages as determined by a certified appraiser. 336 January 5, 1993 ' FINANCING ALTERNATIVES: Based on a review of other completed capital project budgets and discussion with the Finance Department, staff has identified the following possible sources of additional funds for this project: AVAILABLE RECOMMENDED Choices 95 - Additional Revenue $500,000 $348,000 This amount represents the amount of additional revenue anticipated due to interest income and increase in sales taxes collected between now and the end of 1994 and project savings. 114 Cent Necessary Capital $ 84,000 $ 84,000 This amount represents project savings and interest income in the 114 Cent Necessary Capital Improvement Program over the past several years. General City Capital $ 71,000 $0 This amount represents project savings and interest income over the past several years. Colorado State University Contribution ' $ 25,000 $ 25,000 TOTALS ________=====___ $655,000 $457,000 RECOMMENDATION: Staff recommends that the P&Z alternative, alternative 2 (bike lanes on the street and the 84' maximum right-of-way width) be selected, North Drive be reconstructed to align with Plum Street, and the additional $457,000 be appropriated to the project as a part of the 1994 budget process and that the funds come from $84,000 in savings on completed 114 Cent Necessary Capital projects, $348,000 in additional Choices 95 revenues, and $25,000 from Colorado State University. Staff's recommendation for the P&Z alternative is based upon the need to meet the Transportation Policies and provide a long range solution to a long term problem. This project is being designed to meet the community's needs for the next 20 years. The P&Z alternative will provide bike lanes on the street, sidewalks, and the right turn lanes, while being sensitive to the neighborhood. This alternative meets the Transportation Plan Policies by promoting bicycling and walking as alternative modes of transportation; by providing safe facilities consistent with City Standards; and will improve the level of service for motorists to Level of Service D or better. ' 337 11 ' January 5, 1993 Costs to the project will include: adding on street bike lanes; sidewalks with splash strips; right turn lanes; restoration of landscaping; and right-of-way acquisition. The right-of-way costs will include land acquisition, compensation for damages to property values and/or costs for mitigating impacts to the property owners." Director of Community Planning and Environmental Services Grey Byrne gave a brief presentation and outlined the options available. Civil Engineer III Mark Sears spoke of site demographics and of the importance of the project noting there were several areas on Shields Street without sidewalks. He stated the Choices 95 Committee had recommended Alternative #1. Sears stated that CSU had pledged $25,000 toward the realignment of North Drive and Plum, and would indirectly contribute to the project by dedicating all right- of-way needed for improvements along the campus. Transportation Planner I Rita Davis spoke of the bicycle plan and policies and explained how the bikeway program on street facilities would interconnect with the Shields Street project. Councilmember Horak questioned safety aspects and suggested constructing a ' bikeway that would not conflict with vehicles or pedestrians. Mark Sears responded to Council questions and clarified that the City would be responsible for snow removal. He responded to questions regarding Colorado University ("CU") Alternative, noting it was the highest rated accident location in the City of Boulder. Rita Davis spoke of transportation conflicts with the CU Alternative. City Manager Steve Burkett spoke of the cost of the project. Councilmember Azari stated that Alternative #1 did not appear to be a viable alternative. Mayor Kirkpatrick questioned if discussion on the item should be continued or be postponed and be discussed at a future worksession. Councilmember Edwards made a motion to adopt Resolution 93-5 Alternative #1, to redesign in a manner to avoid conflict between bicycles and pedestrians. MOTION DIED DUE TO LACK OF A SECOND. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 93-5 amending Alternative #2 to a 78' right-of-way, without splash strips, 5' ft. bike lanes, and 6' ft. sidewalks leaving all travel lanes at their ' current width. 338 January 5, 1993 ' Barbara Allison, 1212 Lynnwood Drive, opposed the resolution and spoke of the hazards on Shields Street. Ed Stoner, 2236 Apache Court, questioned how the signage would be managed on the route. Mike Burn, 1505 South Shields Street, supported Alternative 1 commenting that safety should be the top priority. Dr. Bill Jones, 1302 South Shields, supported the Planning and Zoning Board's Alternative. Dan Gould, boardmember on the Choice City Cycling Coalition, supported of the original Alternative #3 and the Planning and Zoning Board Alternative. Emily Smith, 1000 West Prospect Road and President of Prospect/Shields Neighborhood Association, supported Alternative #1 because of the minimal impact on affected property owners. Harold Worth, 1501 South Shields Street, stated he supported Alternative #1. . Lloyd Walker, Chairperson of the Streets and Transportation Subcommittee for Choices 95, supported the motion and spoke of the importance of minimal ' neighborhood impact and orderly traffic flow. Colin Gerety, 545 Strachan, Choice City Cycling Coalition member, presented census information pertaining to the area. Tom Hasten, a Fort Collins resident, commended staff for its efforts. City Attorney Steve Roy suggested amending the original motion to adopt Resolution 93-5 modifying Exhibit A of Alternative #2 reflecting the 78' right- of-way with 5' bike lanes and 6' sidewalks with no splash strip and amending Section 1 deleting the language which addresses the estimated cost. Councilmember Horak stated he would amend his motion to read as stated by City Attorney Steve Roy. Councilmember Edwards accepted the amendment as a friendly amendment to the original motion. Councilmember Edwards supported the motion and spoke of the project's costs and benefits noting he would need cost information before he could support the appropriation. Councilmember Azari stated she supported the motion. Councilmember Kneeland supported the motion and spoke of safety concerns and the cost of the project. She expressed concerns regarding minimizing the impact on the neighborhood safety, cost and air quality issues. ' 339 January 5, 1993 The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays: None. THE MOTION CARRIED. Ordinance No. 3, 1993 Granting an Exemption to Summit Biotechnology, Inc., from the Payment of Certain Development and Utility Fees and Making Appropriations From Prior Year Reserves in the General Fund into Various Funds of the City in the Amount of the Fees Exempted, Adopted Option 2. The following is staff's memorandum on this item "FINANCIAL IMPACT Under the proposed Ordinance, and pursuant to Ordinance No. 44, 1990, which established the City's Economic Incentive Program, the fees to be exempted would be reimbursed to the appropriate General, Street Oversizing and Utility Funds from City property, sales and use taxes generated over time by Summit Biotechnology, Inc. This Ordinance would enable the City Council to waive certain fees and appropriate funds from prior year reserves to reimburse the fees ' thus waived. EXECUTIVE SUMMARY The proposed Ordinance. provides for the waiver of certain fees by the Council in recognition of the positive economic impact Summit Biotechnology will have on the economic and job base of the City. This determination is based on the fact that the company is a basic industry that will. provide upward to 60 new scientific, technical and support jobs over a three year period. The fact that Summit Biotechnology is a "targeted" basic industry as specified in the Economic Incentive Program, and meets many of the criteria indicated in the Program, justifies, in staff's opinion, Council authorization of the waiver of the development and utility fees referenced below. Option 1 would appropriate an amount not to exceed $91,000 from prior year reserves to reimburse the appropriate City funds in accordance with the following schedule: EXEMPTED FEE EST. AMOUNT FUND Street Oversizing $15,756 Street Oversizing Building Permit $,5,985 General ' Plans Review S 2,881 340 General January 5, 1993 ' Water Plant Invest. $20,300 Plant Investment Sewer Plant Invest. $15,100 Plant Investment Water Rights Req. $14,400 Water Stormwater Basin $ 4,058 Stormwater Electrical Development $11,675 Light & Power ESTIMATED TOTAL $90,155 (NOT TO EXCEED $91,000) Option 1 fees have been reduced by SOY in Option 2, which reads as follows: EXEMPTED FEE EST. AMOUNT FUND Street Oversizing $12,605 Street Oversizing Building Permit $ 4,788 General Plans Review $ 2,305 General Water Plant Invest. $16,240 Plant Investment Sewer Plant Invest. $12,080 Plant Investment Water Rights Req. $11,520 Water Stormwater Basin $ 3,246 Stormwater Electrical Development $ 9,340 Light & Power , ESTIMATED TOTAL $72,124 BACKGROUND: Recently, the City has been working -with Fort Collins Incorporated pursuant to the City's Economic Development Policy (Resolution 91-15), to assist in the development of a new enterprise which is an expansion of Summit Biotechnology's Greeley, Colorado operation. The enterprise would be located in a new 25,000 square foot building, on a three - acre parcel at the Center for Advanced Technology, which is adjacent to Colorado State University. The company's focus on biotechnology, proximity to CSU's molecular and biological research facilities will provide support for the further development of Summit's product, as well as co -ventures with CSU. Summit Biotechnology, a division of Monfort, Inc. (ConAgra) was founded in 1989 to develop the blood collection and raw serum processing procedures for the corporation (Monfort/ConAgra). Specialist biotechnology companies such as Summit Biotechnology have found that cells grown in culture are important for research, and the production of new vaccines, drugs, and diagnostics. Summit Biotechnology has identified a key market niche in the supply of nutrient materials and related products and services to support and assist in the growth of cell cultures. ' 341 ' January 5, 1993 Having surveyed the marketplace, Summit Biotechnology has decided to take the next step in the development of its business by moving into the finished product and retail market. It is this focus on the refinement of sera culture for direct sale which will guide the growth and development of Summit Biotechnology at the Center for Advanced Technology (see description Summit's plan of action). Analysis Summit Biotechnology proposes to construct a 25,000 square foot facility on a three -acre segment of a larger five -acre parcel within the Center for Advanced Technology. The construction, including the cost of the land, is valued at $1.7 million. The company will relocate approximately $1.3 million in equipment from its Greeley operation. Summit plans to make further capital equipment acquisitions of approximately $1 million over the next five years. Summit is expected to employ 30 FTE's initially, and 10 part-time. The annual payroll is expected to be approximately $960,000. Starting compensation for all employees is not less than $8.97 per hour, and the average wage for most employees will exceed $13 per hour. Based upon the information provided by Summit Biotechnology, staff estimates that a total fee waiver of $90,155 would be recovered over a period of five years as follows: One time Use Tax from Building Permit $23,000 Annual Property Taxes (real & personal) $ 9,000 Annual Use Taxes $ 8,300 In the first year $23,000 will be recovered, and the remaining $67,155 will be recovered over a period of five years through dedicated property and use taxes. It is estimated that another $1,900 per year would be gained from payment in lieu of taxes from utility consumption by Summit. Waiver Options: While Council may consider a complete fee waiver for Summit facility, staff believes that the volatility of corporate decision -making concerning expansion, relocation and consolidation warrants consideration of a broader range of options. The "options" involve waiving less than the total, thereby reducing the "payback" period. Option 1. A complete waiver of the estimated $91,000 in development and utility fees would require roughly five years of sales, use and property tax collections ' from Summit Biotechnology to offset the fee waiver. 342 January 5, 1993 Option 2. A partial waiver of approximately $72,000 of the total estimate of S91,000 would require roughly three years to offset the waiver. Option 3. A separate ordinance has been attached for each of the above options. Additional options further reducing the total amount of fees waived and length of the payback period may be considered. There is also the option of not waiving any fees at this time. Staff Recommendation: Staff believes it important to encourage high quality firms such as Summit Biotechnology to locate within the City and maximize available resources such as CSU. Staff further believes that Summit will generate the types of job opportunities which complement the skills and educational background of many Fort Collins residents. Staff is however concerned that payback, or offsetting of any waiver, occur in a timely manner. Recent announcements from the private sector here in Fort Collins support the view that the destiny of many firms is more unpredictable beyond a two or three year period. For this reason staff recommends limiti Summary: the fee waiver to approximately Staff recommends that Council adopt Option 2 of this Ordinance waiving approximately $72,000 in development and utility fees pursuant to the City's adopted Economic Incentive Policy. An analysis of the ramifications of a waiver of fees in light of the recent voter approval of Amendment I is attached, as is background information on Summit Biotechnology. Note: The, building site is located within City of Fort Collins Special Improvement District #90. Staff has been informed that the sales contract for the site provides that Summit pay for three acres of land, plus the outstanding special assessment on the remaining two acres. In turn, the owner, Everitt Companies, will pay off the entire $67,000 assessment on the five -acre parcel. Payments on this assessment are current and would be payable regardless of the sales transaction between Everitt and Summit Biotechnology." Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 3, 1993 Option 2 on First Reading. Director of Community Affairs Frank Bruno gave a brief presentation on this item and explained the waiver package. Ed Stoner, Executive Director of Fort Collins Inc., read a letter written by Dr. Jed Harper, Vice President of Research at CSU, supported the location of Summit 343 L January 5, 1993 Biotechnology and commented on the interaction between Summit and CSU stating,it represents a win -win situation for CSU and the City with increased growth in high tech industry. Harlan Denbeste, Marketing and Sales Director for Summit Biotechnology, reported on the site location and gave a slide presentation demonstrating Summit's operations. Councilmember Maxey questioned how the materials were transported. Mr. Denbeste stated that most products are perishable and the majority of the shipments are shipped by airfreight or refrigerated trucks. He clarified that there was little or no wastes to dispose of. Wendell Leinweber, Vice President of Summit Biotechnology, clarified the reduction of costs would provide an incentive for the company to locate in Fort Collins. Mayor Kirkpatrick questioned the financial impact and Amendment #1 implications. Finance Director Alan Krcmarik spoke of Amendment #1 implications stating the waiver may have a revenue effect on the City, but believed Council should make ' its decision based on merits rather than on Amendment #1 concerns. Kathleen Byington, President of CSU Research Foundation (CSURF), residing at 1625 Waterford Lane, urged Council to support the motion. Bruce 'Lockhart, 2500 E. Harmony Road, spoke in opposition to the fee waiver. Councilmember Kneeland supported the motion stating she did not believe there would be an environmental impact. Councilmember Horak stated he would support the motion but expressed concerns regarding the cost of the business to the community and street structure. Councilmember Azari supported the motion and expressed her pleasure in the possibility that Summit may locate in the Center for Advanced Technology. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays:' None. THE MOTION CARRIED. 1 344 January 5, 1993 Resolution 93-6 Making Findings of Fact and Conclusions Regarding an Appeal From a Decision of the Planning and Zoning Board Relating to the Marine Sports Nest and Harris Machine PUD, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On November 16, 1992 the Planning and Zoning Board voted 4-2 to approve the Marine Sports West and Harris Machine PUD- Preliminary and Final. On November 19, 1992 an appeal of the final decision was made by John J. Haggerty. On December 15, 1992, Council voted 4-2 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 appellant's notice of appeal was based on allegations that: ' 1. The Planning and Zoning Board abused its discretion in making an arbitrary decision without the support of competent evidence in the record. 2. The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter. At the December 15, 1992 hearing on this matter, Council considered the testimony of City staff, the appellant, and the applicants of the Marine Sports West and Harris Machine PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did not abuse its discretion in making an arbitrary decision, but that the Board failed to properly interpret and apply the relevant provisions of the Code and Charter; and determined to overturn the decision of the Board." Councilmember Kneeland withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt Resolution 93-6. Bruce Evans, representing Marine Sports West, stated that Marine Sports West had filed for a new PUD and clarified that all future work would be performed indoors. 345 1 January 5, 1993 Councilmember Azari spoke in support of the Planning and Zoning Board's decision and stated she would not be supporting the motion. Councilmember Maxey stated he believed the criteria was met and there was no justification in changing the recommendation of the Board. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Edwards, Horak and Kirkpatrick. Nays: Councilmembers Azari and Maxey. (Councilmember Kneeland withdrawn) THE MOTION CARRIED. Other Business Resolution 93-8 Making Board and Commission Liaison Assignments and Committee Appointments, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY ' The untimely death of Councilmember Cathy Fromme created a.Council vacancy in District 4. Council recently appointed Chris Kneeland to fill the District 4 vacancy. Ms. Fromme's death also left several vacancies in board and commission liaison assignments and committee appointments. Ms. Fromme held the following assignments: Cable TV Board liaison Library Board liaison Natural Resources Advisory Board liaison Transportation Board liaison Ethics Review Board member Grids showing assignments made by Resolution 91-66, which was adopted April 16, 1991, and reflecting any subsequent assignment changes are attached. This Resolution provides for appointments to fill the current vacancies." Councilmember Azari spoke of the liaison positions held by former Councilmember Fromme and questioned if Councilmember Kneeland was interested in filling those positions. Councilmember Kneeland stated she would be interested in filling the vacancies. 346 January 5, 1993 Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Resolution 93-7 inserting Councilmember Kneeland's name in the blanks. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays: None. THE MOTION CARRIED. Councilmember Maxey noted there were 2 vacancies on the Community Development Block Grant Commission and reported that Councilmember Kneeland would assist him in the interview process. Councilmember Azari requested a two page memo regarding establishing criteria or guidelines to better describe how and when the City works with community organizations, i.e. League of Women Voters or New West Fest. Councilmember Azari asked the City Attorney to provide options for responding to a citizen's conflict of interest complaint filed with the Mayor. Councilmember Edwards requested a two page memo regarding an ordinance passed in Loveland regarding possession of alcohol by minors and revocation of drivers licenses. Councilmember Horak acknowledged that he was mistaken earlier and Light and Power was not responsible for placing advertisements in the Coloradoan or the Triangle Review. Councilmember Horak requested instream flow updates for various dam sites Councilmember Horak made a motion, seconded by Councilmember Azari, to schedule an agenda item regarding the Finance Director's finding on the January 19 hearing on the golf pro investigation selection process and stated he believed an independent review of the selection process should be conducted. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland and Maxey. Nays: None. Adjournment The meeting adjourned at 12:25 a.m. ATTEST: �,J `��City Clerk 347 Mayor proTem