HomeMy WebLinkAboutMINUTES-01/19/1993-RegularJanuary 19, 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 19, 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, Kneeland, Maxey, and Winokur.
Staff Members Present: Burkett, Krajicek, and Roy.
Citizen Participation
a. Presentation of Plaque by CGFOA to Bob Eichem as 1992 Financial Officer of
the Year for the State of Colorado.
Alan Krcmarik, Finance Director, stated that Bob Eichem has worked for the City
for over 3 years and has done an outstanding job. He stated that Mr. Eichem has
stabilized the City's Sales Tax Program and exceeded the City's investment
objectives.
Ron Duncan, Denver Water Board, presented the CGFOA award to Bob Eichem. He
' stated that Mr. Eichem has performed an outstanding job as a member of the
organization.
Marlene Sauders, New Bridges representative, asked the City for aid in restoring
service for the homeless and unemployed within the City.
Agenda Review
City Manager Burkett pointed out Ordinance No. 116, 1992, Agenda Item 22, and
Resolution 93-14, Agenda Item 25, contain minor revisions.
Bruce Lockhart requested that Item #8, Second Reading of 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Exempted, be withdrawn from the Consent Calendar.
Councilmember Maxey requested that Item #11, Hearing and First Reading of
Ordinance No. 5, 1993, Vacating a Portion of Right -of -Way for Foxtail Street and
Sugarpine Street in the Evergreen Park Subdivision, be withdrawn from the Consent
Calendar.
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January 19, 1993
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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 #17, Pulled
Consent Items.
7.
Fli
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 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.
This Ordinance, which was unanimously adopted on First Reading on January
5, 1993, authorizes the Mayor and the City Clerk to endorse and sign the
documents required to make the changes to the bonds.
This Ordinance, (Option 2 as presented on January 5) which was unanimously
adopted on First Reading on January 5, 1993, 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.
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January 19, 1993
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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.
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.
10.
The City solicited proposals for this lease -purchase package on November
6, 1992. Because of the uncertainty created by Amendment 1, First
'
Interstate Bank, the low bidder, chose to withdraw its offer of financing
(4.9%). The second low bidder also withdrew. The next lowest bidder
Safeco Credit Company Inc. will honor its bid to the City and will agree
to changes required to comply with the provisions of Amendment 1. Based
on the original list of equipment to be purchased the higher interest rate
will result in additional interest payments of $11,728.
This Ordinance will authorize the Purchasing Agent to enter into a lease -
purchase financing agreement with Safeco Credit Company Inc. at 5.65%
percent interest rate for the lease of the required vehicles and
equipment. This lease -purchase financing is consistent with the financial
policies of the City of Fort Collins.
Under the terms of the lease -purchase agreement, no long term debt is
incurred since the lease is subject to annual renewal and appropriation.
This Ordinance will vacate excess right-of-way for Foxtail Street and
Sugarpine Street, dedicated with the Replat of Evergreen Park 2nd Filing,
located north of Conifer Street and west of North Lemay Avenue.
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12.
13.
January 19, 1993 '
The City Wastewater Utility has developed an alternative procedure to use
in calculating the wastewater surcharge applied to customers that
discharge wastewater containing higher than normal levels of organic
material. The alternative procedure is based on a laboratory test known as
Total Organic Carbon (TOC). The new procedure was developed to replace
the Chemical Oxygen Demand test (COD) because the COD test generates a
hazardous waste.
Extensive laboratory testing has allowed the Wastewater Utility to develop
a TOC surcharge rate that is equivalent to the COD surcharge rate it will
replace. Using the new TOC surcharge rate will not have a significant
effect on the dollar amounts charged to industrial customers.
The Resolution would authorize the Mayor to enter into a two year
agreement with Colorado State University to collect and process potable
water samples on campus and to report the results to the City. The
purpose of the sampling is to facilitate identifying and correcting any
drinking water quality problems that might occur at CSU.
14. Resolution 93-
Each year the City is required to update its five-year plan (TDP) for
transit services in Fort Collins. This update includes an additional
route approved by Council during the 1993 budget process. This route will
be placed in service on January 25, 1993. Its emphasis is the transit
dependent population.
Staff is requesting adoption of the amended 1991-1995 TDP. This action is
required annually by the Federal Transit Administration, U.S. Department
of Transportation.
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January 19, 1993
15. Resolution 93-11 Authorizing the City Manager to Enter into an Agreement
The Parkland Fund Policy of the City of Fort Collins states that a
neighborhood park should be provided in every square mile of the city that
is primarily residential. Parkland Fees are collected from the
development of residential units to pay for the acquisition, and
development of these parks. The 1988 Parks and Recreation Master Plan
identified a future park site in the Fox Meadows/Sunstone neighborhood.
Recent development of the English Ranch Subdivision in this area has
provided staff with the opportunity to negotiate the acquisition of 5.4
acres for a park site. This site is adjacent to an existing regional
detention pond and is in close proximity to Linton Elementary School.
Final purchase is subject to an environmental inspection.
16. Routine Deeds and Easements.
a. Deed of Dedication from Alfalfa's FC, Inc. for drainage purposes
over a portion of Lot 23, South Mesa Subdivision. Monetary
Consideration: $0.
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b. Deed of
portion
Dedication from
of Lot 23, South
Alfalfa's FC, Inc. for a sidewalk over a
Mesa Subdivision. Monetary Consideration:
$0.
C. Deed of
Easement from Shirley and Alfred
DeSautels for a sidewalk
over a
portion of Lot
21 and Lot 22,
South Mesa Subdivision.
Monetary
Consideration:
$0.
d. Deed of
Dedication from
Harold R. Webster
for sewer over a portion
of land
adjacent to
Stoneridge 1st
Filing PUD. Monetary
Consideration:
$0.
Deed of Dedication from Harold R. Webster for sewer (No. 1) over a
portion of land adjacent to Stoneridge 1st Filing PUD. Monetary
Consideration: $0.
Deed of Dedication from Harold R. Webster for sewer (No. 2) over a
portion of land adjacent to Stoneridge 1st Filing PUD. Monetary
Consideration: $0.
g. Deed of Dedication from Harold R. Webster for sewer (No. 3) over a
portion of land adjacent to Stoneridge 1st Filing PUD. Monetary
Consideration: $0.
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January 19, 1993
h. Deed of Dedication (40', 50', and 70') from Harold R. Webster for
drainage purposes over portions of land adjacent to Stoneridge 1st
Filing PUD. Monetary Consideration: $0.
i. Deed of Dedication from Harold R. Webster for utility purposes over
a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary
Consideration: $0.
j. Deed of Easement from Harold R. Webster for a detention pond over a
portion of land adjacent to Stoneridge 1st Filing PUD. Monetary
Consideration: $0.
k. Deed of Easement from Collins Partners for a detention pond adjacent
to Bockman Drive and JFK Parkway, Fort Collins, CO. Monetary
Consideration: $0.
1. Deed of Easement from Wayne K. Schrader for a detention pond
adjacent to JFK Parkway, Fort Collins, CO. See Map #3. Monetary
Consideration: $0.
M. Utility
Easement form Wayne K. Schrader for
utility purposes on the
east side of JFK Parkway, Fort Collins,
CO.
Monetary Consideration:
$0.
n. Easement
Dedication from Oak Farm Inc.
for drainage
purposes over a
,
portion
of land adjacent to Boardwalk
Drive
and Lemay Avenue, Fort
Collins,
CO. Monetary Consideration:
$0.
o. Easement Dedication from Oak Farm Inc. for drainage purposes over a
portion of land adjacent to Boardwalk Drive, Fort Collins, CO.
Monetary Consideration: $0.
P. Easement Dedication (8' and 15,) from Oak Farm Inc. for utility
purposes along Boardwalk Drive, Fort Collins, CO. Monetary
Consideration: $0.
q. Easement Dedication from Oak Farm Inc. for a drainage pond over a
portion of land adjacent to Upper Meadows at Miramount 1st Filing.
Monetary Consideration: $0.
r. Deed of Dedication from Timberline Partners Ltd. for temporary
drainage purposes over a portion of land adjacent to Dakota Ridge
1st Filing. Monetary Consideration: $0.
S. Deed of Dedication from Timberline Partners Ltd. for temporary
sanitary sewer purposes over a portion of land adjacent to Dakota
Ridge 1st Filing. Monetary Consideration: $0.
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January 19, 1993
t. Deed of Dedication from Timberline Partners Inc. for temporary
emergency access over a strip of land running from Timberline Road
to Dakota Ridge 1st Filing. Monetary Consideration: $0.
U. Powerline Easement from Donna Braun, 815 Myrtle, needed to
underground existing overhead electric services. Monetary
Consideration: $75.
V. Easement and Temporary Construction Easement from Evelyn Minatta
needed for drainage of groundwater. Monetary Consideration:
$2,000.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7.
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Items Related to the Timberline Annexation and Zoning
Option A
A. Second Reading of Ordinance No. 122, 1992, Annexing Approximately
435.0 Acres, Known as the Timberline Annexation.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
k!
10.
11.
12.
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22.
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January 19, 1993
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Hearing and First Reading of Ordinance No. 7, 1993 of the Council of the
City of Fort Collins Approving the City of Fort Collins Prospect Road
Streetscape Program and Incorporating it as an Element of the
Comprehensive Plan of the City of Fort Collins and Adopting the Prospect
Road Streetscape Program Standards and Guidelines.
Items Related to the Timberline Annexation and Zoning
Option A
B. Hearing and First Reading of Ordinance No. 123, 1992, Zoning Areas
within the Timberline Annexation Into Approximately 24.0 Acres of
the I-P, Industrial Park, District and 411.0 Acres of the T-
Transition, District.
Option B
A. Hearing and First Reading of Ordinance No. 8, 1993, Annexing
Approximately 87.6 Acres, Known as the Timberline Annexation. '
B. Hearing and First Reading of Ordinance No. 9, 1993, Zoning Areas
within the Timberline Annexation Into Approximately 24.0 Acres of
the I-P, Industrial Park, District and 63.6 Acres of the T-
Transition, District.
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, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
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January 19, 1993
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.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
This Ordinance, (Option 2 as presented on January 5) which was unanimously
adopted on First Reading on January 5, 1993, 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."
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 3, 1993 on Second Reading.
Bruce Lockhart, 1100 East Harmony Road, expressed his concern about waiving
development fees for companies. He stated the taxpayers will cover the
development costs not assessed to this company and believed it was extremely
unfair. He commented the company has also applied to the County for designation
of the site as a depressed area and it may be designated as an Enterprise Zone.
He stated if the County were to proceed with those designations it would also
give the company special tax breaks from the State.
Barbara Allison, 1212 Lynnwood Drive, asked who owned the company and who is
developing the property.
City Manager Burkett responded that Summit Biotech is a subsidiary of Monfort,
which is a subsidiary of ConAgra. He stated it was unsure who was going to
develop the property.
Councilmember Horak stated the policy of waiving fees should be examined. He
felt each particular project that comes before Council should be reviewed on an
individual basis.
Mayor Kirkpatrick stated the Enterprise Zone application for the site is not
going forward. She stated if the County were to apply for the Enterprise Zone
it would not include the Centre for Advanced Technology as a low- income/depressed
area.
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January 19, 1993
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers '
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 5, 1993
Vacating a Portion of Right -of -Way for
Foxtail Street and Sugarpine Street in the
Evergreen Park Subdivision. Postponed to Feb. 2.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
This Ordinance will vacate excess right-of-way for Foxtail Street and Sugarpine
Street, dedicated with the Replat of Evergreen Park 2nd Filing, located north of
Conifer Street and west of North Lemay Avenue.
On January 14, 1993, the Planning Director approved a minor subdivision entitled
"The Second Replat of Evergreen Park Second Filing", which replatted a portion
of the Evergreen Park subdivision that was never constructed. Since the time of '
the approval of the previous subdivision plat, the City has adopted new street
standards which do not require as much right-of-way width for a local street as
was previously required under the old street standards. The developer of "The
Second Replat of Evergreen Park Second Filing" has redesigned the streets and
utility easements to current City standards. Therefore, for street purposes, the
excess right-of-way is no longer needed. The developer has requested vacation
of the excess right-of-way width as shown on Map R1.
The portions of Foxtail Street and Sugarpine Street affected by the proposed
vacation were never constructed and no houses have been constructed on the lots
fronting those portions of the streets. A11.City and private utilities have been
notified of the proposed right-of-way vacation and have no objections. The
excess right-of-way is no longer necessary and is proposed for vacation at this
time."
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 5, 1993, on First Reading.
Councilmember Maxey believed the configuration of the street creates an unsafe
traffic situation.
City Manager Burkett stated the proposed design meets all the standards for safe
operations of vehicles.
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January 19, 1993
Mayor Kirkpatrick stated the map is not completely representative of the street
angle and could provide for some misconception.
Councilmember Maxey stated the angle of the corner is less than 90 degrees and
believed the addition of traffic from Sugarpine will create more traffic which
will greatly impact the safety of the area.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to
postpone consideration of this item until the February 2, 1993 meeting. He
stated that in the interim, Councilmembers need to receive more information on
Councilmember Maxey's concerns.
The vote on Councilmember Horak's motion to postpone Ordinance No. 5, 1993, to
February 2, 1993, was as follows: Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Mayor Kirkpatrick mentioned the Mulberry Pool had reopened and looks outstanding.
She felt the City made a great investment and is looking forward to its future
impact on the Fort Collins Community. She stated that local elected officials
from all over the world received an invitation to participate in the United
Nations Conference on environmental issues. She stated that she would be
participating and sharing the City's Energy Policy, Air Quality Strategic Plan,
and information on transportation planning.
Ordinance No. 7, 1993
of the Council of the City of Fort Collins Approving the
City of Fort Collins Prospect Road Streetscape Program and
Incorporating it as an Element of the Comprehensive Plan of the
City of Fort Collins and Adopting the Prospect Road
Streetscape Program Standards and Guidelines. Adopted.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
In September of 1991, staff began a formal planning process for a four mile
section of east Prospect road which has resulted in the Prospect Road Streetscape
Program. The study area consists of all properties within 113 mile of Prospect
Road from Riverside Drive on the west, to the Urban Growth Area boundary one mile
east of I-25 (County Road 5).
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January 19, 1993
The Prospect Road Streetscape Program establishes design standards and guidelines
for future Streetscape development. The standards and guidelines provide a
framework for decision -making for both the City as well as private developers
proposing projects and/or improvements in the corridor and, as an evaluation tool
by the Planning and Zoning Board in the development review process. The Program
also includes several Implementation Actions that entail additional research
and/or design work.
The Program provides an opportunity to implement several goals and objectives of
the City's Comprehensive Plan. This program is part of a continuing effort to
plan for the future development of the City's major gateways. The project was
identified in the 1991-1993 Council Work Plan and the 1990 Audit of the Land
Development Guidance System.
City staff, property owners, interested citizens and four City boards have all
contributed to the planning effort. On December 17, 1992, the Planning and
Zoning Board recommended approval and adoption of the Prospect Road Streetscape
Program.
BACKGROUND
In September of 1991, City staff began a formal planning process for a four mile
section of east Prospect Road which has resulted in the Prospect Road Streetscape
Program. This effort was initiated in direct response to the 1991 - 1993 Council '
Work Plan and the 1990 Audit of the Land Development Guidance System. It is also
a part of a continuing effort to plan for the future development of the City's
major gateways including Harmony Road, North College Avenue and the 1-25
corridor. The Study area consists of all properties within 113 mile of Prospect
Road from Riverside Drive on the west, to the Urban Growth Area boundary one mile
east of 1-25 (County Road 5).
In November of 1991, the Planning and Zoning Board reviewed and accepted the
Mission Statement and Work Program for this project. In this regard, the
Planning and Zoning Board has served as the steering and advisory committee to
City staff. The planning effort also included many formal and informal
opportunities for citizen comment. The recommended Program including the
standards and guidelines (PART TWO) and associated implementation actions are the
result of this intensive planning effort.
Four streetscape styles are described in the Program -- BUSINESS PARK, NATURAL
SHRUBSCAPE, PROSPECT GATEWAY and the INTERCHANGE. Together, these four styles
create a vision for the future of this important gateway. The basic premise of
the Program is that the improved visual appearance of Prospect Road will play a
vital role in enhancing the liveability, quality and economic health of the area.
The recommended styles were chosen from a number of.alternatives that have been
discussed in detail over the past year. Staff recommends these styles on the
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January 19, 1993
basis of being most compatible with the future development plans and expectations
for the corridor area, natural environment, cost and maintenance and for creating
a positive "entryway" image into the community.
Once adopted, the design guidelines and standards will be implemented through the
Land Development Guidance System (LDGS) and with limited application to the
landscape requirements in the RC, River Corridor Zoning District. A series of
recommended implementation actions and funding strategies for the Program are
included in PART ONE of the Program. Some of the recommended actions will
require additional research, planning and/or design work.
APPROACH
The Prospect Road Streetscape Program provides an opportunity to implement
several goals and objectives of the City's Comprehensive Plan as contained in the
Goals and Objectives document. First, the Goals and Objectives document contains
statements encouraging design characteristics which lend clarity and identity to
unique areas of the community. The recommended design styles for the Prospect
Corridor were influenced by several major physical features including the Cache
La Poudre River, expansive views, Interstate 25, public open space, existing
wetlands and a network of waterways created by gravel mining operations.
' The Goals and Objectives document also provided guidance for the development of
the Program in terms of being sensitive to the natural environment of the area,
discouraging development within f7oodplains and directing growth away from
environmentally unique lands with scenic, natural, historical or recreational
value. The Poudre River floodway, located between the existing Prospect Road
bridge and Summit View Drive, is an environmentally sensitive area that has
unique scenic and historical qualities and offers both recreational and
educational opportunities.
In regards to broad community design goals, the Goals and Objectives document
states that the City should develop the total environment in such a way as to
provide harmony with nature and beauty in the man-made features. Secondly, the
City should consider aesthetics in community development, and lastly, that
enhancement of the public street appearance should be given high priority with
particular attention to most viewed, used streets and entrance highways. The
Prospect Corridor offers a unique opportunity to implement these goals as one-
third of the Prospect Corridor is developed, approximately one-third is within
the Cache La Poudre River floodway and the remaining third has the potential to
be developed over the next 20 years.
In addition to this foundation, some recent events further reinforced the urgency
for developing a vision for the corridor including but not limited to expansion
plans of the CSU Environmental Learning Center which entails frontage along
Prospect Road; initiation of a City/CSU pre -master planning effort for a portion
of the corridor referred to as the "Landscape Opportunity Study"; discussions of
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January 19, 1993
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a new CSU Visitors Center on Prospect Road; Council's declaration of 1992 as the
"Year of the River", and; approval by the State for a new tourism center on the
southwest corner of the I-25/Prospect interchange.
In the fall of 1991, the Planning Department staff prepared a Mission Statement
and Work Program for a streetscape design plan for Prospect Road. The Mission
Statement and Work Program (see APPENDIX A - MISSION STATEMENT AND WORK PROGRAM
in the DRAFT) were formally adopted by the Planning and Zoning Board on November
18, 1991 and the planning process was officially underway. City staff, property
owners, interested citizens and four City Boards have all contributed to the
planning effort. The planning process has spanned 16 months. The Prospect Road
Streetscape Program is the product of this effort.
THE PROCESS
The planning process involved two parallel work efforts; a technical planning
effort and a public participation process. The technical planning effort
involved an inventory and analysis of existing conditions, an examination of
opportunities and constraints, and development of design concepts for streetscape
improvements along Prospect Road.
At the same time, a public participation process identified concerns and issues
in the corridor. The Planning and Zoning Board has served as the steering '
committee and has provided guidance and advice to staff throughout the planning
process. Three City advisory boards; Natural Resources Advisory Board, Storm
Drainage Board, and the Parks and Recreation Board, provided input into the
Program along with many property owners, CSU and interested citizens. Staff held
a worksession with City Council on June 9, 1992 to discuss the design styles and
implementation options (See EXHIBITS 9 and 15 for Staff response's to Council
issues and concerns). Staff hosted five public open houses as well as numerous
special meetings which generated comments and ideas, and have helped shape the
Program (See APPENDIX B - CHRONOLOGY OF CITIZEN PARTICIPATION EVENTS in the
DRAFT).
THE PROGRAM
The Prospect Road Streetscape Program establishes design standards and guidelines
for future streetscape development and represents an important opportunity to
create a more cohesive and unified streetscape at a major entrance to Fort
Collins. The Program contains an introduction, existing conditions and analysis,
design concepts, implementation strategies and the standards and guidelines. For
ease of use and adoption, the Program is divided into two sections, with PART ONE
describing the process and analysis phase of the Program, and; PART TWO
containing the design standards and guidelines. The analysis of existing
conditions helped define four distinct districts within the corridor. The
Program addresses each district's unique attributes with design styles,
standards, guidelines and implementation strategies.
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PART ONE addresses the purpose, process, background and intent of the Program as
well as provides an analysis and description of existing physical conditions,
cultural conditions, and major issues. PART ONE concludes with the
implementation actions and strategies for funding the Program. A comprehensive
review of City policies, documents and plans was conducted during this step of
the program (see APPENDIX C - DOCUMENTS, PLANS AND POLICIES in the DRAFT).
Current and proposed master plans for transportation and land use were also
evaluated and have been considered in the formulation of the design
recommendations.
Four design concepts or styles were chosen for the Program. Each reflects the
unique opportunities and existing conditions in the area. The Business Park
style was developed based on the existing character of the Urban Developed
District, and; the Natural Shrubscape style strives to create the native
character of the Riverway District in existence prior to the introduction of
gravel mining and the influence of pioneer settlers. The Prospect Gateway style
establishes a distinct landscape character for the Rural Residential District and
the Highway Corridor, and; the Interchange Style creates a striking "entryway"
image for this area.
PART TWO of the Program details the standards and guidelines for each design
style in the corridor. The standards and guidelines address setbacks, grading,
access, fencing, lighting, architectural design, parking and service areas,
landscaping and maintenance. Recommendations are made for the transition areas
between Districts as well as landscape treatment at arterial and collector street
intersections. A detailed appendix of recommended plant materials and the
procedural applications is included in PART TWO.
When taken together, the two parts create a unified vision for the future of the
Prospect Corridor that will guide both public and private decision -making in the
area for the next 20 years.
Prospect Corridor is estimated to develop over a 20 year time period and the
implementation section defines a program that spans this time frame and provides
flexibility if new funding sources or alternative Implementation Actions are
identified. A number of recommended Implementation Actions and Funding Options
are included in PART ONE of the Program. The Actions summarize additional
studies or research, or regulatory items which affect both the public and private
sector and identify lead agencies and timing.
Included among the Implementation Actions is the adoption of the design standards
and guidelines. When adopted, these standards and guidelines will implement the
design styles described in the Program, by creating a unified design framework
for improvements along the streetscape. The standards and guidelines complement
the existing elements of the Comprehensive Plan and agree with other plans or
' studies currently being prepared, including but not limited to the Area Wide
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January 19, 1993
TransP ortation Plan, and the Poudre River Master Drainageway Plan. The standards '
and guidelines provide a framework for decision -making for both the City as well
as private developers proposing projects and/or improvements in the corridor,
and; as an evaluation tool by the Planning and Zoning Board and City staff in the
development review process. The standards and guidelines will apply to all
planned unit developments and will have limited application (limited to landscape
requirements) in the RC, River Corridor Zoning District.
The Program also includes several Implementation Actions that entail additional
research and/or design work. For example, the staff recommends that a
comprehensive master plan be prepared for the Riverbend Ponds open space area,
and that future research be undertaken on the potential impacts on existing
natural areas resulting from upgrading Prospect Road to urban standards. Other
recommendations include continuing existing discussions among City departments,
CSU, gravel companies, State Department of Transportation and adjacent property
owners in regard to future planning and development within the Corridor, as well
as proposed improvements to the I-25 interchange.
On December 17, 1992, the Planning and Zoning Board recommended approval and
adoption of the Prospect Road Streetscape Program (Resolution #92-18) recommended
to the City Council the inclusion of the Program as an element of the City of
Fort Collins' Comprehensive Plan and recommended that the City Council adopt the '
Program's standards and guidelines as amended (PART TWO).
At the November Planning and Zoning Board meeting the Board received public
testimony on the Prospect Road Streetscape Program as part of the public review
process. The Board heard from property owners in the Corridor, they also raised
concerns of their own. The item was tabled until the December meeting in order
for Staff to address the concerns and issues raised at the hearing.
The Planning staff held a worksession with the Board on November 24, 1992 to
discuss the issues and receive direction. Staff prepared a detailed Memo
(EXHIBIT 11) which addressed the concerns and issues. The staff memo presented
"Options" for the Board to vote on regarding Architectural standards and
guidelines, reducing the lighting levels within the Corridor, the impacts of
Setbacks on existing residential lots in the Corridor, cost/benefit issues and
existing traffic impacts within the Corridor.
The Planning and Zoning Board recommended that the City Council approve the
Prospect Road Streetscape Program with Option III as amended, for the Natural
Shrubscape and Interchange design styles and that Option I should apply to the
Business Park and the Prospect Gateway styles regarding the Architectural
standards and guidelines. The DRAFT which is under review includes all of the
Planning and Zoning Board's amendments. Staff recommends approval."
363
January 19, 1993
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 7, 1993, on First Reading.
City Manager Burkett informed Council that this item was on its 1991-1993 Work
Plan. He stated this project develops plans and standards that will present the
image of a well planned community.
Janet Meisel, Project Planner, reviewed the Program and updated Council on the
changes that were made since the June 9th worksession. She stated that City
staff, property owners, four City Boards, and interested citizens have all
contributed to the planning effort of this Program. She stated that on December
17, 1992, the Planning and Zoning Board recommended approval and adoption of the
Prospect Road Streetscape Program. She explained that if the Program was adopted
it would be used as an implementation tool through the Land Development Guidance
System and with limited application in the River Corridor Zone.
Councilmember Azari asked for clarification of the Planning and Zoning Board's
recommendation.
Meisel replied the Program
went before the Board in
November and was tabled at
that time due to various
questions and concerns.
She stated the City staff
reviewed and addressed the
questions and concerns of
the Board. She pointed out
that one main concern was the Architectural Standards and Guidelines, which were
ultimately approved. She
explained there were three
options presented to the
Board and it chose Option
1 for the Business Park
Style and for the Prospect
Gateway Style. She stated
that Option 3 was chosen
for the Natural Shrubscape
and the Interchange Style.
Councilmember Edwards asked why the Prospect Program's additional standards and
guidelines were not implemented in the Harmony Corridor Plan.
Meisel stated additional standards and guidelines should be applied to the
Prospect Corridor because the Poudre River is involved. She stated it was very
important to try and preserve the Poudre River area through view, corridor and
height restrictions.
Councilmember Horak asked if the crushed gravel or stone mixed with soil proposed
for the trail would be durable and accessible for people with disabilities.
Meisel stated that material has been used extensively in several areas. She
stated the trail is designed to be used by horses and mountain bikes. She stated
the sidewalk is fully accessible all year long and will be maintained as such.
Councilmember Horak asked if the trail concept was taken to the Commission on
Disability for its recommendation.
Meisel stated the concept was not reviewed by the Commission; however, it will
be presented to them for any recommendations they might have.
364
January 19, 1993
Councilmember Kneeland asked about the difference between a guideline and a
standard.
Meisel replied that a standard with a plus is mandatory, which would take a
variance request to be waived. She stated a guideline is a recommendation but
would not be a mandatory requirement.
Councilmember Edwards asked why the Program needs to increase the standards and
guidelines in the Business Park Style. He stated the area already appears to be
developing in a high quality manner.
Meisel stated the possibility of developers not complying with the standards and
guidelines is an issue. She stated the developers may choose any style as long
as they provide buffering.
Councilmember Horak stated he was concerned with the Program meeting the ADA
requirements. He asked for more information on why crushed stone is the best
option to be used versus the other surfaces used throughout the City.
Councilmember Edwards stated he would not support the Program because it is too
restrictive and sets high standards and guidelines for each of the corridors into
the community that do not seem appropriate. He believed there should be a wide
range of land uses throughout the community. '
Councilmember Azari stated the staff has done a good job in putting the Program
together. She stated the Commission on Disability should review the trail and
apply its recommendations to the Program. She believed the Program was an effort
on behalf of the City to preserve the open space around the Poudre River.
Councilmember Kneeland stated the overall standard that was set by the Harmony
Corridor for uniqueness and individuality into the City is commendable. She
stated the Prospect Road Streetscape Program should be valued as keeping the
community distinct and unique.
Mayor Kirkpatrick believed the economic impact of the design standards and
guidelines have been addressed both in the present and in the future investments.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: Councilmember
Edwards.
THE MOTION CARRIED.
January 19, 1993
Resolution 93-13
Approving an Intergovernmental Agreement
Between the Poudre School District R-1 Pertaining to the
Planning and Construction of School Facilities, Adooted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement
(IGA) with Poudre R-1 that addresses the following issues: School Planning,
Neighborhood Parks, Annexation, Redevelopment and Reuse of School Sites, School
District Site Infrastructure, Street and Sidewalk Improvements, Utility and
Development Costs and Future School Site Financing.
BACKGROUND
In October of 1990 the City Council and the Poudre R-I School Board passed a
joint resolution concerning issues related to the planning, financing and
construction of new schools within the Fort Collins Urban Growth Area. The
resolution directed a liaison committee of City and School District staff, City
Councilmembers and School Board members to prepare an Intergovernmental Agreement
' concerning the above planning and development related issues.
The Intergovernmental Agreement is now complete and a joint Work Session between
City Council and the School Board was held on Monday January 11, 1993. The
result of this Work Session was the decision to have each entity formally
consider and adopt by resolution, the proposed Intergovernmental Agreement
(Exhibit "A")."
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 93-13.
City Manager Burkett stated the key element to the Intergovernmental Agreement
is the intent to increase the collaborative efforts between the School District
and the City to the joint benefit of the taxpayers. He stated the Agreement
provides for joint planning and the coordination of master plans for schools,
parks, streets and infrastructure.
Daryl Knoblock, Vice President of the Board of Education, stated the
Intergovernmental Agreement is supported by the Board of Education and by the
School District staff.
366
January 19, 1993
David Hendrix, Superintendent of Schools, stated the desire to pull these two
important community agencies together in harmony and cooperation is great and
well appreciated. He stated the Intergovernmental Agreement reflects on how hard
staff is working in cooperation with each other. He stated that the Liaison
Committee has done an extremely good job and will benefit the community as a
whole.
Barbara Allison, 1212 Lynnwood Drive, stated she was pleased to see the School
District cooperating with the City and the community.
Councilmember Azari stated that a lot of progress has been made between the
District and the City. She stated she is looking forward to the opportunities
that the Agreement would present to the City and believed the Intergovernmental
Agreement will benefit the taxpayers of the community.
Councilmember Edwards acknowledged the leadership and cooperation between City
Manager Burkett and Superintendent Hendrix on putting together the
Intergovernmental Agreement.
Councilmember Horak felt the major change was at the policy board level and not
at the senior staff level. He stated he would like to see an Agreement that not
only takes the new schools into consideration, but an Agreement that deals with
existing schools and infrastructure. '
Councilmember Azari stated that the Agreement is not only looking at the new side
of town but is taking into consideration the older side of town. She stated the
two entities want to work on maximizing the utilization of all the educational
infrastructure and the recreational infrastructure for the whole community. She
stated the Agreement provides a grounding opportunity to expand the cooperation
between the District and the City.
Mayor Kirkpatrick stated she hoped the Agreement was a model for
intergovernmental cooperation among local governments within Fort Collins. She
stated she would like to see this type of agreement between CSU and the City.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
367
January 19, 1993
Ordinance No. 116, 1992
Authorizing the Sale of Certain Real Property or
Portner Road to Poudre R-1 School District
for the Amount of $110,268, Adopted as Amended.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The sale of the property will result in revenue for General Fund of $69,602 and
the Light & Power Fund of $40,666.
EXECUTIVE SUMMARY
The Poudre R-1 School District will purchase the 6 acre site on Portner Road to
build a bus facility to store and maintain 30-33 buses. This site was selected
adjacent to the Transfort building to allow the District to utilize the existing
fueling and bus wash facilities.
This site is no longer needed by Light & Power or other City departments. The
District projects by relocating these buses to this new site it will save about
$86,000 per year in its budget, eliminate 135,000 bus miles per year, and reduce
annual fuel usage by 22,500 gallons. These savings will be used to reduce the
impact of the recent passage of Amendment I and the failure of Amendment 6.
The purchase price represents the appraised value of the property as determined
by an MAI appraiser hired by the City plus an additional amount for the impacts
to Portner Road.
BACKGROUND
The District and the City have been discussing for the past few years different
ways in which to cooperate to take advantage of each other's bus service. Until
November.1991, staff did not feel it was going to be possible because the Federal
Transit Administration was against mixing school buses with transit buses. There
was a change in philosophy, and FTA relaxed its policy. Upon receiving this
news, both agencies began to work to locate the new school bus maintenance annex
adjacent to the Transfort facility on Portner Road. This move was perceived as
a natural because it met many objectives set by each agency: joint cooperation
between two public agencies; significant savings to the taxpayers; more efficient
use of Transfort's fueling/bus washing facilities; locating the District's bus
annex in the southern part of the district; and city land was available which was
master planned for this maintenance purpose. The original goal was to sell the
land to the District in May 1992, with construction beginning immediately and
with a scheduled occupancy of December 1992. The District agreed to follow the
City's development process, and began this process in February 1992. In April
1992, the School Board approved purchasing the 1,and from the City.
Em
January 19, 1993
1
About this same time the Federal Transit Administration slowed the process
somewhat by stating the City could permit the District to use Transfort's bus
fueling/washing facilities, but only if the City repaid the FTA for a portion of
the original capital costs of constructing the bus fueling/washing facilities.
This question of how much must be repaid to the FTA is not settled yet; however,
the FTA has reduced its original demands significantly. Poudre R-1 School
District has agreed to reimburse the City for the amount the City has to pay the
FTA.
In May 1992 the District and City staff members met with the neighborhood to
discuss the plans for the school bus maintenance building and found the neighbors
were completely unfamiliar with the Southside Service Center Master Plan. This
caused major changes in the project schedule, and the project team began a nine
month process to work with the neighbors to mitigate the impacts on the
neighborhood. Issues of building design, landscaping, air pollution, noise
pollution, impacts on wildlife and wetlands, and new master planning were
discussed and many changes were made. The neighbors are still opposed to the
project and want the school bus facility located elsewhere.
Staff recommends. selling the land to the School District for the purpose of
building a bus maintenance facility adjacent to Transfort because this area was
planned for this type of use; the District has met City requirements in
developing this facility; the District has used "Best Management Practices" in '
mitigating the impacts on the environment and the neighborhood; the District is
paying appraised value for the property; and the projected cooperation between
the two public agencies will provide greater savings to the taxpayers. In
addition, the District has agreed to cooperate with the City concerning any
infrastructure improvements that may be needed if the use of the property were
to change and has further agreed to submit any such change in use to the City for
review and comment.
Upon approval of this sale, the District plans to begin construction in March
1993, and occupy the facility by September of 1993."
City Manager Burkett presented background information on this item and staff has
been working to address various questions and concerns of Council and the
neighborhood regarding the proposal.
Tom Frazier, General Services Director, stated that if the proposal was approved
it would continue the cooperative agreement between the City and the District in
sharing the bus wash and fueling facilities at Transfort. He introduced the
various people who would participate in the presentation. He stated the Federal
Transit Administration holds the position that the City will have to repay part
of the capital and it has approved the use of Poudre R-1 on the site.
KZ*61
1
January 19, 1993
Ted Shepard, Senior City Planner, presented a description of the history and
background of the project. He described the sequence of events which took place
in the planning process for the Southside Service Center. He stated the Planning
Department used the PUD model to review this project. He explained that in
reviewing this project the Land Use Policies Plan was used as an overall guide
and the overall criteria of the Land Development Guidance System was used to
review the specific things related to the site. He stated there was some
miscommunication provided by the Planning Department to some prospective lot
purchasers in Brittany Knolls. He stated there was no intent to withhold
information from the homebuyers and added that steps have been taken to correct
the problem.
Tom Shoemaker, Director of Natural Resources, stated that staff has concluded
that the proposed facility will benefit air quality throughout the City. He
stated this facility is projected to reduce the amount of miles traveled by the
school buses. He stated the project would impact about 6 acres of land that are
included in the City's natural areas inventory. He stated the Division of
Wildlife concluded that the 6 acre site is insignificant as a single site for
prairie dogs or birds of prey. He stated the Division of Wildlife recommended
that the City focus attention on trying to acquire large uninterrupted sites that
could be designated for the management of birds of prey. He stated the Natural
Resources Advisory Board, the Transportation Department, and the Planning
' Department are all working in cooperation to map out the proposed land use areas
as they currently stand and then to explore a number of options that would work
in conjunction with the development of the bus barn facility.
Ron Spies, Director of Transportation for PR-1, stated the purpose of the
proposed project is to provide efficient transportation services to the rapidly
growing southern area of Fort Collins. He stated the location of the new
facility will eliminate about 135,000 excess miles from the school bus routes per
year, which would save the taxpayers dollars on fuel and maintenance. He
believed the joint City/School District aspect of the project amplifies the
benefits of joint use of the facilities. He anticipated the number of bus routes
would remain around 65; therefore, a total of 30 buses will be needed on the
south end of Fort Collins. He stated the District is looking at purchasing new
buses, as well as converting old buses to compressed natural gas fuel which would
decrease the impact on air quality.
Merle Hayworth, Robb, Brenner and Brelig Architects, stated the facility and the
site had specific architectural changes made to accommodate the neighborhood and
the Planning Department. He stated the landscaping and berming features were
increased .to create a more efficient buffer zone. He stated the bus circulation
will run counter- clockwise in order to reduce the impact on the adjacent
neighborhood. He stated the Natural Resources Department helped in dealing with
the transition between a developed site and the potential natural habitat. He
stated the building itself is less than 5,000 square feet and is architecturally
compatible with the Transfort building.
Off,
January 19, 1993
Councilmember Winokur asked how this project was reviewed in regard to the 1982
Master Plan on the effects to the wildlife in the area.
Shoemaker responded that staff was reviewing the possibility of maintaining a
large contiguous block of habitat in that southeast area. He stated it is a very
complicated area due to the mix of land ownership and the mix of current and
purposed development patterns. He stated the staff has been discussing the
potential for considering the remaining portion of the site as future open space,
as well as adjacent private lands that may be considered for acquisition. He
stated the Planning and Zoning Board has recommended the development of an
overall habitat complex in that area.
Councilmember Winokur asked about the timetable on developing criteria for the
LDGS on air quality.
Shoemaker stated that Council would be reviewing a draft of the Air Quality
Strategic Plan at the next worksession.
Councilmember Winokur asked if this property or any of the area is in any Special
Improvement Districts.
City Manager Burkett stated that some
of the property
is in Special
Improvement
Districts. He stated those areas are
being reviewed
in the overall
plan.
Councilmember Winokur asked what the
proceeds from the sale would be
used for.
'
He asked if there were any SID costs
that need to be
covered by the
sale.
City Manager Burkett stated a certain portion of the proceeds goes towards the
Light and Power Fund and the remainder goes to the General Fund. He stated that
there are no SID assessments on this property.
Councilmember Horak asked if the wildlife portion of the site had been
independent from the property, what would the City have required the developer
do to mitigate the damage to the wildlife.
Shoemaker stated that specific action would need to be taken to enhance habitat
where it would be possible on the site. He stated staff recommended that the
District enhance the habitat quality on the undeveloped portions of the site.
Councilmember Horak asked if the normal Conceptual Review process was followed.
Shepard stated that the process was followed as if it were a PUD.
Councilmember Horak asked about the miscommunication between the City and the
residents of the area.
371
January 19, 1993
1
Shepard responded that there was a semantical problem between some citizens and
the Planning Department in terms of what constitutes development activity. He
stated staff should have better communicated to the residents any long term plans
for the area.
Councilmember Horak asked if the sale agreement would require the District to do
anything proposed by the Planning and Zoning Board and the City Council.
City Attorney Roy responded the agreement would obligate the District to submit
any future use for review and comment, but would not obligate them to follow
recommendations.
Councilmember Kneeland asked where the heavy equipment storage would be.
Shepard pointed out on the map that the area for that storage is in Parcel 2B.
He stated that Parcel 2B is City owned property.
Councilmember Kneeland asked if the Natural Areas Plan and the Light and Power
Plan would be the only possibilities of altering the Master Plan.
Shepard stated the Natural Areas Plan and the expansion of Transfort onto Parcel
1B would be the only possibilities of altering the Master Plan. He stated that
any altering of the Master Plan would need to go before the Planning and Zoning
Board for review.
Councilmember Kneeland asked what type of measures would be used to monitor the
air quality so it would not fall below the EPA Guidelines.
Shoemaker stated there has not been a quantative analysis and there is no
capability at this time to do such an analysis. He stated the City's air quality
monitor is located at College Avenue and Laurel Street and it monitors around
40,000 cars per day. He stated staff believed that 30 buses warming up for a
short period of time does not compare to the traffic volume at that intersection;
therefore, it would be safe to assume those buses would not have a great impact
on the air quality of that area.
Councilmember Azari asked if the 1982 Master Plan for that area would be updated.
Shepard stated there is a comfort level between the City departments that it is
unlikely that the site will develop as it was anticipated in 1982.
City Manager Burkett stated the Plan would be reviewed and changed to reflect
current reality. He stated at the time the Plan was changed it would be brought
before the Planning and Zoning Board for its recommendations and approval.
Councilmember Winokur asked if the area in the Master Plan is totally owned by
the City.
372
January 19, 1993
Shepard replied the entire 55 acres is currently under City ownership.
Councilmember Winokur asked how eminent is development in the area.
Shepard replied the only eminent project on the 55 acres is Transfort's expansion
onto Parcel 1B.
Councilmember Edwards asked if the District looked at other locations for the
buses.
Spies stated there are financial benefits to the School District if the bus
mileage.is reduced. He stated the 'other location reviewed was the land owned
immediately to the north of Foothills Gateway. He stated the constraining factor
on this project is the amount of money available.
Mayor Kirkpatrick asked if there was adequate money in the PR-1 budget to provide
the level of landscaping needed to screen the neighborhood.
Spies replied a detailed budget has been prepared based on the amount of
landscaping needed to screen the neighborhood. He stated recycled asphalt would
be used where the buses park, the in -floor hoist for maintenance was eliminated,
and the covering over the buses has been eliminated in order to place the money
in landscape buffering. '
Mayor Kirkpatrick asked what kind of covering would be used.
Spies stated it would be a roof with open sides to shield the buses from the
weather.
Councilmember Horak asked if the covering is part of the plan that the Planning
and Zoning Board approved.
Spies stated the covering has not been apart of the plan through the process.
Councilmember Horak asked how any future plans could be incorporated into the
current plan so there is no unexpected change in the plans in the future.
Shepard replied that the Planning and Zoning Board provides advisement to the
District. He stated one of the advisements was that the future bus enclosure is
to match the Transfort facility.
Councilmember Horak asked how the agreement on the sale of the land relates to
any advisement from the Planning and Zoning Board.
City Attorney Roy stated that there is no assurance from a legal standpoint that
the advisement would be carried out.
373
January 19, 1993
Robert Patterson, President of the Brittany Knolls Homeowner's Association,
stated the residents of the area are opposed to the sale of the property. He
stated the residential traffic, 30 school buses, and the Transfort fleet will
have an increase in pollution and noise to the area.
Earl Ruppel, Brittany Knolls resident, stated that he asked the Planning
Department about the long and short term plans for the area. He stated there was
no miscommunication of the question asked, but that the Planning Department side-
stepped the question. He stated that he would not have bought his lot in
Brittany Knolls had he been told about the future plans for that area.
John Graham, Brittany Knolls resident, stated that the facility should be
considered as a very large gas station. He believed there would be soil and
groundwater contamination from the leakage of gas etc. into the ground. He asked
what type of monitoring system is going to be proposed to monitor the travel of
groundwater contamination, soil contamination, and air quality control. He asked
who would accept the responsibility for the potential clean-up.
Ann McSay, 6422 Kyle Avenue, presented a petition in favor of the project. She
stated the residents on the west side of the neighborhood feel the project is a
better use for that parcel.
Allen Anderson, 6357 Compton Road, stated he was concerned about the increase in
traffic to the area. He stated a noise study was not done at the site and
believed the uphill grade for the buses does would have some noise impact on the
neighborhood. He believed the air pollution study that was done was informal.
He stated the Master Plan should be updated prior to the sale of the property.
He stated the project is not neighborhood or environmentally compatible for the
area.
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 116, 1992 on First Reading.
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to amend
Ordinance No. 116, 1992, Section 3 (b) to read as follows: the conveyance of the
property shall be subject to a future interest which would entitle the City to
regain title to the property in the event that the District failed to obtain City
approval of any development of the property pursuant to the provisions of the
Land Development Guidance System or such other land use regulations of the City
as may be applicable not withstanding any statutory or constitutional provisions
which might otherwise exempt the District such review processes.
Councilmember Edwards asked what the legal differences were between the deed
restriction versus other options.
374
January 19, 1993
City Attorney Roy stated there is an opportunity for the City to ask the District
to agree to more restrictive conditions and an extensive review by the City as
a condition of the sale of the property. He stated in order to accomplish that,
a provision would need to be placed in the purchase and sale agreement. He
stated if the District were to fail to submit any changes to the property for
review, comment and approval, the City could go to court and ask for a specific
performance of that agreement. He stated another option would be to place a
provision in the deed that any use of the property should be submitted through
the normal land use review procedures of the City for review, comment and
approval. He recommended placing the provision in the agreement and have the
District agree to a deed restriction.
Councilmember Azari believed the District is truly interested in working with the
City and believed the provision would provide some assurance to the area that the
District is a good neighbor.
Councilmember Winokur believed Council has the responsibility for looking out for
the community's interests. He believed the District has good intentions and that
the project was not going to create a problem. He stated the taxpayers would
realize a savings of $182,000 a year and 135,000 less miles traveled.
Councilmember Azari stated that the District plans to use some of the City's
facilities. She believed the City should have the ability to make sure the
District's use of the property is working for the benefit of the neighbors and I
in accordance to the City's rule and regulations.
Councilmember Edwards stated the City would lose control over the uses to the
property if this Ordinance was not approved with the amendment.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Azari stated she supported the City building collaboration with the
District. She stated that the project should not be held up while the Master
Plan for that area is being updated. She believed that there is an obligation
to the neighbors to work on a plan that best suits everyone's needs.
Mayor Kirkpatrick asked if there was information available on the storm drainage
and the soil/water contamination to the area.
375
January 19, 1993
Kevin McBride, Stormwater Utility Department, stated it is not generally required
to monitor groundwater at a facility such as this. He stated the monitoring of
groundwater is handled by State regulations, but since there are no additional
storage facilities being built it was not an area of concern. He stated the City
asked the District to go above the criteria and exercise any additional best
management practices on the site to mitigate any potential spill of material that
might occur.
Frazier stated that there are monitoring test wells located at Transfort that are
for the waste oil tank and for the fueling tanks.
Councilmember Winokur asked for a written memo, before second reading, that
outlines the issues in terms of what the City has done to prevent spills from
occurring.
Councilmember Horak stated there should be some requirement for the City that
provides a set of Master Plans to future homebuyers. He stated that the City is
giving up a lot to the District, but questioned the value the City receives from
the sale of the property. He stated that the City deals with the District
representatives, but not the policy makers. He believed policy makers for the
District need to be more involved on these issues.
Mayor Kirkpatrick stated she appreciated the level of detail that staff presented
' this item. She believed the amendment to the Ordinance provides the City a
continued demonstration of interest in the property.
Councilmember Edwards believed this project is a less intensive and less
obtrusive land use to the neighborhood than what might otherwise be there. He
stated the cost savings and air quality improvements that would result from this
facility are important for the community as a whole.
Councilmember Winokur believed this project provides an ongoing process for the
interested parties to continue to be involved and have specific concerns dealt
with.
Councilmember Kneeland believed the project was in balance. She stated that a
contiguous parcel should be for the wildlife in the area. She agreed that a
Master Plan and a map of the City should be given to future homebuyers.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
1 376
January 19, 1993
Items Related to the Timberline
Annexation and Zoning. Postponed Indefinitely.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
Option A
A. Second Reading of Ordinance No. 122, 1992, Annexing Approximately 435.0
Acres, Known as the Timberline Annexation.
B. Hearing and First Reading of Ordinance No. 123, 1992, Zoning Areas within
the Timberline Annexation Into Approximately 24.0 Acres of the I-P,
Industrial Park, District and 411.0 Acres of the T-Transition, District.
Option B
A. Hearing and First Reading of Ordinance No. 8, 1993, Annexing Approximately
87.6 Acres, Known as the Timberline Annexation.
B. Hearing and First Reading of Ordinance No. 9, 1993, Zoning Areas within
the Timberline Annexation Into Approximately 24.0 Acres of the I-P,
Industrial Park, District and 63.6 Acres of the T-Transition, District. '
Consideration of this item was tabled by the City Council on December 15, 1992.
At that time, the Council directed staff to develop two options, one option for
the annexation of the entire enclave area, and the other option for the
annexation of just the area located west of Timberline Road. The annexation and
zoning of the entire enclave area (Option A) consists of approximately 435.0
acres located generally east of the Union Pacific Railroad tracks, north of East
Drake Road, and south and west of the Burlington Northern Railroad tracks. The
annexation and zoning of the portion of the enclave area (Option B) consists of
approximately 87.6 acres and includes only the area east of the Union Pacific
Railroad Tracks, north of East Drake Road, and west of Timberline Road. The
suggested zonings for Option A include 24.0 acres of the I-P, Industrial Park,
District, and 411.0 acres of the T-Transition, District.
The suggested zonings for Option B include 24.0 acres of the I-P, Industrial
Park, District, and 63.6 acres of the T-Transition, District. The entire
enclave is mostly undeveloped, although located along the west side of Timberline
Road are the (vacant) Fort Collins Pipe Co. and ENCOAT (Energy Coatings Co.)
which would be annexed under both options. Existing commercial signs
located on these properties will have to conform to the City's Sign Code at the
conclusion of a five year amortization period.
377
71
January 19, 1993
OWNERS: Spring Creek Farms, Inc.
c/o Glen Johnson
3432 Carlton Ave.
Ft. Collins, CO 80525
Cargill, Inc.
P.O. Box 9300
Dept. 5
Minneapolis, MN 55440
General Steel Industries, Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 610016
Dallas, TX 75261
Energy Coatings Co., Inc.
c/o Randall, Rudolph & Assoc., Inc.
P.O. Box 610026
Dallas, TX 75261
Fort Collins Pipe Co.
P.O. Box 300
Lone Star, TX 75668
BACKGROUND
The property is located within the Fort Collins Urban Growth Area. According to
the policies and agreements between the City of Fort Collins and Larimer County
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA, the City will consider and pursue the annexation property in the UGA when
the property is eligible for annexation according to State law. The specific
wording from the UGA Agreement is as follows:
Policy 1.6
That the policy of the City is to consider the annexation of all
properties within the unincorporated area of the Urban Growth Area as soon
as said property becomes eligible for annexation.
Agreement 2.10 C
The City agrees to pursue involuntary annexation of any undeveloped parcel
or parcels, or any undeveloped, partially developed, or developed
subdivision, planned unit development, special review case, or any other
development approved by the Larimer County Board of Commissioners prior to
January 1980, when State statutory requirements for involuntary
annexations have been met.
378
January 19, 1993 '
At the November 17, 1992, Council meeting, the Council requested additional
background information on the UGA Agreement. The goals of the UGA include: to
define areas where urban densities and uses are appropriate; to achieve the
orderly development of land within such areas; to achieve common urban design
standards; to encourage the annexation of land; and to minimize the provision of
urban services by Larimer County.
The City and County have agreed ...
. to establish an urban growth area surrounding the City of Fort Collins
and that the UGA is appropriate for the location and development of urban
land uses and urban residential densities.
... to establish a Fort Collins UGA Review Board to act as the single
recommending body to the Larimer County Board of Commissioners concerning
development applications within the unincorporated portion of the UGA.
... that all County Regulations and procedures apply to. development
proposals within the UGA.
that the City is not obligated to annex developments approved by the
County after January 1988 which do not conform to UGA urban development
standards. '
The County agrees ...
... to limit urban development outside the UGA to areas designated as
Municipal Expansion Areas, Employment Center Reserves, and Urban
Development Areas on the Larimer County Land Use Plan.
not to accept any development application for a property which is
eligible for voluntary annexation to the City.
. the City Council reserves the right to review and comment on
development proposals which propose waiver requests to the UGA Phasing
Criteria.
s.. to establish a Park Fee within the UGA equivalent to the Park Fee
collected by the City.
to establish a Drainage Basin Fee within the UGA consistent with
Drainage Basin Fee collected within the drainage basin in the City.
... that the City may annex outside the UGA.
to require a binding Annexation Agreement as a condition of approval
of any development proposal within the UGA not eligible for voluntary
annexation into the City. '
379
January 19, 1993
The City agrees ...
the Board of Commissioners may waive UGA Phasing Criteria for "in -
fill" development proposals.
... to consider the annexation of any parcel in the UGA when the parcel
qualifies according to State law for voluntary annexation.
.. to pursue involuntary annexation of areas when State law
qualifications have been met.
. to apply its Off -Site Street Improvement Policy to developments within
the city which have an impact on County roads outside the city.
The above agreements represent a series of "trade-offs" between the City Council
and County Commissioners related to growth management and the provision of public
services within the UGA. It is difficult for staff to gauge 'the relative
importance of specific items in relationship to other items for each elected
body. Staff does believe, however, that the City's willingness to annex property
within the UGA is a key consideration to the County's continued participation in
the UGA Agreement.
The area to be
annexed is a county
enclave. Colorado annexation laws allow a
'
municipality to annex an enclave
surrounded by properties annexed
area, an area which has been completely
into the municipality. An area must be
surrounded for
a period of not less
than 3 years to become eligible for
annexation as an enclave. While State law allows a municipality to annex an
enclave, State
law does not require
a municipality to annex an enclave. Also,
a municipality
may annex a portion
of an enclave although the portion to be
annexed itself
is not completely
surrounded by property annexed into the
municipality, so
long as the annexed
portion has some contiguity to existing City
boundaries. The following annexations to the City of Fort Collins created the
enclave:
N: East Prospect Road First Annexation, September 6, 1973.
E: Rigdon Farm Annexation, August 16, 1988.
East Prospect Road First Annexation, September 6, 1973.
S: Blue Spruce Farm Annexation, October 6, 1987.
Greenwalt Tenth Annexation, June 21, 1977.
Rigdon Farm Annexation, August 16, 1988.
W: Union Pacific South Second Annexation, May 17, 1988.
1 380
January 19, 1993
This area has thus been eligible for involuntary annexation into the City since
August 16, 1991. On September 19, 1991, staff sent a letter to the property
owners informing them of the pending annexation, potential zoning district
designation, and meeting date of review by the Planning and Zoning Board. Staff
received several questions from Spring Creek Farms, Inc., the largest single
property -owner (352 acres) within the annexation. No subsequent contact was made
from other the property owners. All property owners were renotified, on
September 2, 1992, of the new October 19, 1992, Planning and Zoning hearing date.
Annexation represents the most effective way for the City to guide its own
future. Annexation allows the City to increase its land area to accommodate new
growth and development and to expand its tax base.
Following annexation, the City can manage growth through the application of its
land use regulations, including zoning, PUD, sign code, etc., to new development
proposals. The City, thus, through annexation acquires the final decision making
authority regarding new development proposals.
The annexation of property can be a source of additional revenue to the City
through the collection of additional property tax, sales and use taxes, licenses,
and development fees.
The City also provides services to newly annexed areas including, but not limited I
to, water and sewer utilities, storm drainage management, police protection,
street maintenance, mass transit, and parks and recreational programs.
Undeveloped property usually does not require a great expansion of City services.
Also, tax revenues generated by vacant property are relatively minimal.
Staff believes that enclave areas, those areas completely surrounded by
properties annexed into the city limits, do have an impact on the provision of
City services. Generally, a "hole" in the City's service area creates
inefficiencies in City services. Among the most major concerns with enclave
areas are questions related to.police jurisdiction and road maintenance.
When parts of a street or road are inside and outside the city limits, the City
and County generally enter into a "maintenance agreement" indicating which entity
will maintain the street (fix pot holes, plow snow, etc.). Obviously, when an
area is annexed, the City absorbs the maintenance responsibility for any roads
included within the annexation (with the exception of streets within subdivisions
which are maintained by a homeowners' association prior to annexation).
Similarly, when parts of a street or road are inside and outside the city limits,
or an area includes properties both inside and outside the city limits, law
enforcement jurisdictional problems may arise. The most serious jurisdictional
problem relates to responses to emergency situations. The communications center
must relate to a map in order to dispatch a response from the correct agency,
either the City's Police Department or the County Sheriff's Office. ,
381
January 19, 1993
Mr. Glen Johnson of Spring Creek Farms, Inc., a major farming operation, met with
staff and requested information related to pesticide application, stormwater
management, ditch maintenance, and the paying of "urban" improvements. Spring
Creek Farms, Inc., also owned property which was included in the Harmony No. 4
Annexation (1977). At that time, an agreement was reached between Spring Creek
Farms Inc., and the City of Fort Collins dealing with farming activities and the
payment of "urban" improvements related to the Harmony No. 4 Annexation. Mr.
Johnson has requested that a similar agreement be developed related to the
Timberline Annexation. Planning staff prepared an agreement for use in
conjunction with this annexation (draft copy attached). The City Attorney's
office has indicated that because this is an involuntary enclave annexation which
the City can accomplish without the consent of the property owner, any agreement
to exempt the subject property from future assessments should be supported by
some other, independent consideration besides the annexation of property. In
order to provide such consideration, Spring Creek Farms, Inc., might dedicate
arterial streets rights -of -way along either or both Drake and Timberline Roads.
Staff and Spring Creek Farms have resolved several other issues related to the
annexation, including the impacts of farming operations, pesticide application,
and storm drainage fees. Agreement has not been reached with regard to the
issues of exemption from the payment of assessments for street improvements; the
ability to lease lands for hunting; and exemption from City Sales Tax for farming
' operations. Mr.'Johnson spoke in opposition to the annexation at the November
17, 1992 Council meeting.
With regard to the hunting issue, staff contacted the cities of Loveland,
Greeley, Longmont, Thornton, Northglenn, Aurora, and Colorado Springs to
determine if these cities allowed hunting within their city limits. Of the
cities contacted, only Greeley does not have an outright prohibition against
hunting within its city.•
If Council should decide to allow hunting within the city limits, staff suggests
that ordinance changes be made to be applied on a city-wide basis rather than on
a case -by -case basis within individual annexations.
The issue of irrigation ditches is usually not addressed during the processing
of an annexation. Ditches become an item of concern during the review of
specific development plans for a property.
For the most part, ditches are typically incorporated into open space areas
within a development. Sometimes a minor relocation of the ditch is necessary in
order to conform to the overall development plan for the property. Some
developments cover ditches along their entire route through a developing
property.
382
January 19, 1993
Ditch companies are notified of all development proposals affecting their
property. Ditch companies review the development plans and are required to sign -
off on utility plans related to the development of a specific property.
Essentially, nothing can happen to a ditch without the ditch company's approval.
The City, at the time of development, requires dedication of street rights -of -way
consistent with the functional classification of streets on the City's Master
Street Plan. An arterial street, for example, requires the dedication of 100
feet of right-of-way, 50 feet from center -line to be dedicated by property
adjoining each side of the street. In cases where, due to existing development
or other unique circumstances to an area, more right-of-way is required from one
side of ,the street than the other, the City pays for the additional right-of-way
with monies from the Street Oversizing Fund.
In cases when an irrigation ditch runs parallel to a road, or in close proximity
to a road, which needs to be widened, the ditch typically is relocated as part
of the road widening project.
Zoning
The suggested zonings for this annexation under Option A include 24.0 acres of
the I-P, Industrial Park, District, and 411.0 acres of the T-Transition,
District. The suggested zonings for Option B include 24.0 acres of the I-P, '
Industrial Park, District, and 63.6 acres of the T-Transition, District.
The I-P District designation is for light industrial park areas containing
controlled industrial uses located in proximity to areas zoned for residential
use and/or along arterial streets. The sites of Fort Collins Pipe and Energy
Coating companies are suggested for the I-P zone. The areas to the west of these
companies are zoned R-L-P, Low density Planned Residential, and R-P, Planned
Residential, and are developed as the Parkwood East Subdivision and the Parkwood
East Apartments. Timberline Road is planned to be a major (6-lane) arterial
street. Also, located to the west is EPIC and Spring Creek Park. The existing
uses would become legal non -conforming uses under the I-P Zone. The existing
uses may continue under the I-P Zone and even expand through the "expansion to
a non -conforming use process" which requires a hearing by the Planning and Zoning
Board. New uses will have to conform to the requirements of the I-P Zone or be
processed as a Planned Unit Development (PUD) and be reviewed according to the
criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LD65 J. These properties will
probably eventually redevelop with industrial uses which could require greater
public scrutiny than the former uses received.
383
January 19, 1993
The T-Transition, District designation is for properties which are in a
transitional stage with regard to ultimate development. The only uses allowed
within the T Zone are the uses which existed at the time the T Zone was placed
on the properties. The agricultural areas within the annexation, including the
properties owned by Spring Creek Farms, Inc., are suggested to be placed into the
T Zone. When urban development is proposed on these properties they would have
to be rezoned to a zone which allows development.
Findings
1. The annexation of this area is consistent with the policies and agreements
between Larimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA.
2. The area meets all criteria included in State law to qualify for annexa-
tion by the City of Fort Collins.
3. On October 6, 1992, the City Council passed a resolution setting forth the
intent to annex this property and scheduling a public hearing for the
consideration of the annexation and zoning ordinances related to the
annexation.
' 4. The requested I-P, Industrial Park, and T, Transition, Zoning Districts
are in conformance with the policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of Option A, the annexation and zoning of the entire
enclave area of 435.0 acres.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting on October 19,
1992, voted 5-0 to recommend approval of the entire enclave annexation and
suggested zonings. A copy of the Board's minutes is attached.
LARIMER COUNTY RECOMMENDATION
Larimer County encourages the City to annex the entire enclave area. (See
attached December 14, 1992, letter from Mr. John Barnett, Larimer County Planning
Director.)"
Tom Peterson, Planning Director, explained the process for annexing enclaves that
are brought before the City Council. He presented three options to City Council
for its review and approval.
Councilmember Edwards asked if there were other instances which involved such a
' large undeveloped tract of land.
384
January 19, 1993
Peterson stated that this is the largest enclave annexation that has come before
the City.
Mayor Kirkpatrick asked if the owners of the property would continue farming
operations if the property was not annexed.
Peterson replied that the owner of the majority of property intends to keep
farming the property even if annexed into the City.
Councilmember Edwards asked if the annexation of this property was voluntary on
the property owner's part.
Peterson replied that it is an involuntary annexation.
Mayor Kirkpatrick asked about the current pedestrian/bikepath access to CSU's
Environmental Learning Center.
Peterson stated Drake Road is the main access to the Environmental Learning
Center. He stated the Center has access to the bikepath on the north and access
from County Road 9.
Councilmember Winokur asked what the plans were for the realignment of Drake Road
as it crosses Timberline. '
Peterson stated he was not aware of any City plans to realign Drake Road. He
stated the traffic impact would be reviewed for that area as development occurs.
Mayor Kirkpatrick asked about the noise factor in the area.
Peterson stated that if the property were in the City it would fall under the
performance standards of the City's noise ordinance and be required to meet all
the standards. He stated if the property stays in the County then the City noise
ordinance would not be in effect.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 8, 1993 (Option B) on First Reading.
Glenn Johnson, Spring Creek Farms, expressed opposition to the annexation of the
property and believed that the family business could not afford to be brought
into the City.
Bill Witlow, ENCOAT, presented some background information on the Company and
what it manufactures. He stated that since the City has a noise ordinance the
company could be fined and/or shut down if the neighbors believed the Company's
operations were too loud. He stated there would be an 81 percent increase in the
Company's present utility rate which would affect it's finances. He asked
Council to delay any action on this property until March 2nd or to relax the
zoning or allow the Company to continue the utilities with Public Service. ,
385
January 19, 1993
' Rheba Massey, 1400 Freedom Lane, expressed concern with the land use patterns of
the area. She urged Council to table the annexation of this property until there
is a clear policy as to what will happen to the agricultural lands within the
Urban Growth Area.
Bruce Lockhart, 2500 East Harmony Road, stated he agreed with Ms. Massey's
comments and believed very strongly the land use patterns for the area need to
be reviewed. He stated that it would be unfair to force the Johnson property
into the City and basically run the farm out of business.
Councilmember Horak asked what discussions have taken place between the City and
ENCOAT.
Peterson replied that several discussions have taken place in regards to ENCOAT'S
needs for electrical power.
City Manager Burkett stated it may be beneficial to continue reviewing the issues
with ENCOAT. He believed there was no rush to annex the property although one
day this particular property would be in the City and served by all City
utilities.
Councilmember Horak asked if there was a way to structure an agreement with the
owners and/or the County to amend the UGA on the farmland issue.
' Peterson responded the City has been exploring amendment of the UGA Agreement
with the County.
Mayor Kirkpatrick asked about potential groundwater contamination and about the
particular environmental costs to the community.
Peterson stated he did not have the information to answer those questions.
Mayor Kirkpatrick stated it was her expectation, if this item were tabled, to
obtain that type of information on this project.
Councilmember Maxey asked if any development proposal would trigger an annexation
of the existing 12 acre parcel.
Peterson replied that any type of development proposal would trigger additional
discussion on annexation.
Councilmember Winokur asked for a clarification on the Planning and Zoning
Board's comments regarding a Special Improvement District.
386
January 19, 1993
Peterson stated the Cityhas in the past imposed SID's on property owners for '
P P
road or sewer improvements. He stated the Johnson's are asking for exemption
from the payment of assessments for street improvements while the property
remains in an agricultural state.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to postpone
Items Related to the Timberline Annexation indefinitely in order to gather
additional information.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-12
In Support of Community Efforts
Addressing Violence. Adopted as Amended.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The rise of violence throughout the nation and recent significant violent '
incidents in the City have been noted by the City Council. In response, City
Council has directed staff to prepare this Resolution which specifies the
Council's response to this community issue.
This statement, which includes individual Councilmember input, is intended to be
one step towards maintaining a healthy and safe environment for all citizens of
our community."
Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-12.
City Manager Burkett provided some background information on violence throughout
the City of Fort Collins.
Councilmember Horak made a motion, seconded by Councilmember Azari, to amend
Resolution 93-12 to strike Section 3.
Councilmember Horak stated that Section 3 states that "Council will monitor
proposed State and Federal legislation pertaining to firearms and will offer
local support to bills and other strategies aimed at the reduction of violence."
He believed that Section 3 does not provide direction to whomever is the enforcer
of that statement.
387
January 19, 1993
Councilmember Maxey offered an amendment to the fourth WHEREAS paragraph to
delete "many of which involve the use of firearms" and to eliminate the seventh
WHEREAS paragraph. Councilmember Horak accepted the amendment as a friendly
amendment to the amended motion.
Mayor Kirkpatrick asked about the difference between the proposed amendment and
the current pending State and Federal legislation pertaining to the use of
firearms.
Joe Stern, 1221 LaPorte Avenue, stated that on Thursday, January 28, 1993, the
League of Women Voters is sponsoring a forum on gun control legislation. He
believed it was incumbent upon the City and its legislative staff to monitor this
kind of legislation.
John Kefalas, 604 Sycamore, believed the reference to firearms should remain in
the Resolution.
Bruce Lockhart, 2500 East Harmony Road, urged Council to adopt the amendment to
the Resolution. He believed that gun control bills affect individuals and not
the City as a corporate body.
Pat Garrett, President of the Northern Colorado Rod and Gun Club and a
representative of the NRA's Crime Strike Program, stated he supports the
amendment to the Resolution.
Dean Dahl expressed support for the amendment.
Mayor Kirkpatrick stated she would not support the amendment. She believed that
firearms are a very critical piece of the community's future acceptance of
violence within the City limits.
Councilmember Horak believed the Resolution did not address the City's role in
dealing with violence, firearms, and gun control.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kneeland, Maxey, and Winokur. Nays: Councilmember
Kirkpatrick.
THE MOTION CARRIED.
Bill Miller, 322 Scott Avenue/NRAB Member, stated that 20 years ago it was
acceptable to be a member of a sportsman's club that sanctioned hunting and
target shooting. He stated that today it is okay for him to be an
environmentalist politically, but finds it is completely unacceptable to own a
firearm or to participate in such sporting activities. He stated it was not the
firearms that present the problem, but that it was complex societal changes.
r
January 19, 1993
John Kefalas, 604 Sycamore, believed that firearms are part of the issue of
violence. He stated the word "firearm" is very powerful and seems to have an
effect on people who believe that people should be able to own guns.
John Biscenio, 137 North Bryan, believed gun control laws control law abiding
citizens but do not control criminals.
Paul Gresky, 2351 Ridgecrest Road, stated he works with the National Safety
Council and believed the statistical data provided to the various councils and
citizens on safety issues are inaccurate.
Ron Miller, 4312 New Bedford Drive, stated he supports and applauds sincere
efforts in reducing violent crime. He believed the people who are out to harm
others are not affected by the rules and regulations set up to guide society.
Laura Arbury, 1612 West Mountain, asked Council to consider a woman's right to
protect herself, her family and her property. She believed that laws which limit
access to firearms discriminate against women.
Joe Stern, 1221 LaPorte Avenue, stated it was illegal for children under the age
of 18 to carry firearms. He stated Poudre R-1 School District banned any
firearms on school grounds. He asked Council to obtain more information on the
statistics about firearms and reconsider the elimination of the amendment to the
Resolution. '
Tom Wertz, 2937 Dean Drive, believed automobiles should also be reviewed as an
object used to commit a crime.
Steve Ziegenhagen, 609 West Street, suggested Council read "Crime Control through
the Private Use of Armed Force" written by Gary Cleck.
Lottie Murphy stated that guns in the school system are nothing new and weapons
of all sorts have been around for years.
David Post disagreed with any type of legislation that suggests that firearms
create violence. He stated violent people create the problems in society.
Rolan Brownlee, 421 Galaxy Way, believed violence is an act between people and
not against material objects. He believed working with people's anger and trying
to control that emotion would lessen the violence in the country.
Bill Miller, 4312 New Bedford Drive, stated the difficulty in today's society is
a tremendous amount of frustration. He believed the country is over populated
and that is part of the violence problem.
91:11
January 19, 1993
EXECUTIVE SUMMARY
At its meeting on January 5, 1993, the City Council requested that an agenda item
be prepared for its next meeting to address allegations that certain officials
or employees of the City had acted improperly during the selection process for
the new golf professional at the SouthRidge Greens Golf Course. By the adoption
of the proposed resolution, Council would authorize an investigation of those
allegations.
Recently, City staff completed the selection process for procuring the services
of a new golf professional for SouthRidge Greens Golf Course. During the course
of the selection process, a protest and appeal were filed, and a hearing was held
before Alan Krcmarik, the City's Financial Officer, as provided by Section 8-206
of the City Code.
At the Council. meeting on January 5, 1993, certain citizens made allegations that
members of City staff engaged in various kinds of misconduct during the selection
process.
Article II, Section 5, of the City Charter includes among the enumerated powers
of the City Council the power to:
(e) Inquire into and investigate any office, department, or agency
of the city and the official acts of any officer or employee
thereof, and to compel by subpoena attendance and testimony of
witnesses and production of books and documents;. . . .
Additionally, Article III, Section 2, of the City Charter provides that the City
Manager is responsible for the proper administration of all affairs of the City,
which includes the supervision of all City employees.
The City Council has requested that an agenda item be presented which would
enable it to investigate the allegations which have been made. The proposed
resolution would authorize the City Manager to appoint independent legal counsel
to interview the complainants, investigate the alleged improprieties and submit
a report to the Council and the City Manager. Because the administrative process
for selection of the golf professional for SouthRidge has been completed, the
Resolution stipulates that the outcome of the investigation would not, in itself,
offset the award of the contract.
The City Attorney has recommended that if such an investigation is, in fact,
undertaken, special legal counsel should be appointed to conduct the
investigation. The City Charter authorizes the appointment of special legal
counsel by the City Council upon request of the City Attorney. Council recently
adopted Resolution 92-190, which establishes the process for such appointments.
Because of the potential complexity of this matter and the length of time which
391
January 19, 1993
may be involved in the investigation, the City Attorney does not believe that the
matter can appropriately be handled by another municipal attorney. Therefore,
according to the provisions of Resolution 92-190, the City Attorney has submitted
a list of three names to the City Council for its consideration in selecting
special legal counsel.
If the Council determines that further City review and investigation of this
matter is not warranted, the other alternatives which may be available include:
(a) an internal administrative investigation at the direction of the City
Manager, (b) judicial review of the Financial Officer's decision regarding the
protest and appeal which have been filed in this matter at the request of the
appellant, or (c) possible review of any allegations of criminal misconduct by
an appropriate law enforcement agency at the request of an aggrieved citizen
complainant."
City Manager Burkett stated the purpose of the proposal is to investigate
allegations regarding employee misconduct. He believed the allegations do not
warrant a special investigation; however, that is for Council to decide.
City Attorney Roy described the structure of the investigation involving the
Council and the City Manager. He stated he provided Council with the names of
three attorneys for the selection of special legal counsel.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt '
Resolution 93-14 with the insertion of the name of Susan Griffiths in Section 1.
Councilmember Kneeland asked if the City has completed all processes to
investigate the allegations.
City Attorney Roy stated all of its procedures for appealing the decision on the
golf pro selection have been exhausted. He stated the City has not.pursued any
investigation of the allegations of employee misconduct.
City Manager Burkett stated most of allegations were disagreements with the
decision that was reached and different opinions about the relative
qualifications of the applicants.
Councilmember Kneeland asked if staff did not investigate these allegations
internally would Council still have the opportunity to appoint an external
investigator.
City Manager Burkett stated that Council could still appoint an external
investigator.
Councilmember Edwards asked why Susan Griffiths was chosen as the special legal
counsel.
392 1
January
19, 1993
'
Councilmember Horak responded that one of the reasons was cost and believed
she
.would do a good job.
Councilmember Edwards asked about
is the timeframe and the cost
for the
investigation.
City Attorney Roy stated that days
rather than hours would be dealt
with by
outside counsel and there will be numerous interviews. He anticipated
several
thousand dollars for the time and work put forth by the special legal
counsel.
He suggested that Council negotiate
with the special legal counsel for
a cap on
investigation costs.
Council member. Edwards asked if this
investigation could be a two-step
process.
City Attorney Roy stated that a two-step process could be completed. He stated
the first step would be to review the allegations and determine whether or not
there is enough evidence to continue. He stated the second step would be to
continue with the investigation once the allegations have been confirmed. He
believed Council and the City Manager have a lot of latitude in the structuring
of the investigation. He stated Council and the City Manager should also look
ahead and determine what alternative avenues may be open to the Council in terms
of follow-up action based upon the report.
' Councilmember Maxey asked if it was more than one individual being investigated.
City Manager Burkett stated that the allegations are against more than one
employee.
Dr. Ira McIntosh, 1732 South Taft Hill Road, stated he was appalled that it could
possibly take up to $10,000 to resolve. He asked how the allegation of -the
promising of the job to Mr. Cordova could be dismissed when the job requires a
submittal of contract on a competitive bid basis. He pointed out that Mr. Powers
based part of his decision on Mr. Cordova's residency in Fort Collins. He
believed that should have nothing to do with the submission of a competitive bid
contract. He stated he did not understand how the Golf Board could rank the
candidates so differently from Mr. Powers.
Steve Sharpe, golf pro applicant, believed an outside investigation was
appropriate. He alleged fellow employees were protecting each other.
David Maestas, representative of Mr. Cordova, believed that all administrative
processes have been followed for the contract. He stated that what is proposed
tonight deals with any alleged wrong doing by City employees. He believed the
outcome should not have any effect on Mr. Cordova's contract.
Brian Werner believed there is a strong need for an outside investigation. He
stated that the dollar sign on the investigation should not be the deciding
' factor.
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January 19, 1993
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to amend
Resolution 93-14 to include a two-step process. The first step having the
investigator determine if there is justification and/or probable cause to
continue with a full investigation. The second step would be continuing with a
full investigation if so determined by the investigator.
Councilmember Azari questioned whether a preliminary investigation would provide
further information to Council and would extend the main investigation.
City Manager Burkett believed that a preliminary investigation would minimize
costs and help decide whether to go onto the next step.
City Attorney Roy believed a two-step process made sense and stated he would
provide wording in the Resolution to allow flexibility in deciding if there is
enough factual data to support a full investigation.
Mayor Kirkpatrick asked if any of the discussion at this meeting would be
incorporated into an internal investigation.
City Manager Burkett stated any discussion that takes place in regard to this
item would be incorporated in the internal investigation.
Mayor Kirkpatrick asked if a two-step process has ever been done. '
City Manager Burkett stated that it is not unusual for people to make
allegations. He stated proceeding with a two-step process helps eliminate the
lengthy process by determining whether there is enough factual data to support
a full investigation.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Edwards, Kneeland, and Maxey. Nays: Councilmembers Azari, Horak, and
Kirkpatrick.
THE MOTION FAILED.
Councilmember Horak made a motion, seconded by Councilmember Maxey to amend the
Resolution to change the April 19 date to February 16 in Section 2 and to add the
language that the City Manager is authorized to negotiate an agreement with any
of the three candidates for the special legal counsel based on the availability
to serve and the total cost of the procedure.
Mayor Kirkpatrick asked if April 19 was an arbitrary date selected.
City Attorney Roy responded the date was selected because 90 days seems to be
enough time to evaluate the allegations.
Councilmember Edwards asked if it was a normal procedure to pursue a cap on fees.
394
January 19, 1993
City Attorney Roy stated he would try to pursue it, but believed the Resolution
did not have to specifically provide that information. He stated the City
Manager would be involved in negotiating the cap on the fees.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays:
None.
THE MOTION CARRIED.
Councilmember Horak believed this issue should not be taken lightly and should
be reviewed by outside counsel. He believed that the City Manager should not
conduct the investigation due to a conflict of interest. He stated this issue
deals with employee, administrative, and ethical misconduct.
Councilmember Kneeland stated she was unsure that all steps have been taken in
the process. She believed the issue should not be taken lightly.
Councilmember Edwards stated he supported the appointment of a special legal
counsel to investigate the allegations. He believed placing a cap on the cost
of,the special legal counsel is best for the community.
' Mayor Kirkpatrick stated that placing a cap on the cost and a definite timeframe
for the report would help Council approach this issue as a team.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Deed of Easement
from Poudre Valley Hospital Districtlrfor;a
sidewalk over portions of Tract B,•
Lemay Subdivision, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
During the summer of 1992, the Poudre Valley Hospital was given City
approval
to
construct an additional parking lot on the west side of Lemay Avenue opposite
the
•existing hospital site. As part of the approval, the hospital was
required
by
City standards to construct a detached sidewalk along Lemay Avenue
adjacent
to
the parking lot. In order to provide a landscape strip between the sidewalk
and
the curb as required by City standards, the sidewalk was constructed
outside
the
dedicated public right-of-way and therefore the sidewalk must be in
an easement
for public access.
'
395
January 19, 1993
Councilmember Edwards withdrew from discussion and vote on this item because of
a potential conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Horak, to accept the
Deed of Easement.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Azari asked the City Attorney to provide Council with three
different options, 'by February 2, for Code changes on the complaint process.
Mayor Kirkpatrick asked for a two page memo to discuss some options on whether
or not to evaluate the Green River Ordinance.
Councilmember Horak asked for a two page memo relating to notification to
prospective buyers about Master Plans already in place.
The meeting adjourned at 1:40 a.m. '
ayor
ProTem
ATTEST:
City Clerk
396 '