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HomeMy WebLinkAboutMINUTES-10/01/1991-RegularOctober 1, 1991 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, October 1, 1991, 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, Maxey and Winokur. Councilmembers absent: Fromme. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation John Pfeiffenberger, publisher of Triangle Review, presented each of the Councilmembers with a copy of A Portrait - One Day in Fort Collins. Al Baccili, 520 Galaxy Court, asked about the amount of sales tax collections withheld as vendor's fees. Sandy Lemberg, Poudre Canyon, presented a copy of a petition and complained about the Larimer County Commissioners' use of taxpayers' money for advertisements to promote a sales tax for the County jail expansion. He expressed concerns about City facility construction problems and the railroads. Bruce Lockhart, 2500 East Harmony Road, spoke on downzoning issues. 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 N14, Pulled Consent Items. M Transportation Study. This Ordinance, which was unanimously adopted on First Reading on September 17, appropriates $128,975 from prior year reserves in the Transportation Services Fund to be used to fund the Northeast Area Transportation Study. Staff is recommending that a contract to conduct the Northeast Area Transportation Study be awarded to the firm of Howard ' Needles Tammen and Bergendoff. 410 7. Fy October 1, 1991 ' This ordinance, which was unanimously adopted on First Reading on September 17, amends the Code to extend the application of the special events permit process to events which are held on any property owned or leased by the City if it appears that those events may interfere with the normal operations or flow of traffic on the property. The federal industrial wastewater pretreatment regulations were amended by the Environmental Protection Agency on July 24, 1990. One of the requirements of the amendments is that cities with an industrial pretreatment program must develop and implement a detailed enforcement compliance plan for dealing with violations of pretreatment requirements. The plan must include various levels of response to noncompliance based on the frequency or seriousness of the incident, and must specify who will take enforcement action and the time frame in which action will be taken. Staff has developed an enforcement plan to comply with the new regulation. ' Changes in the Code are necessary to implement the enforcement plan. Hearing and First Reading of Ordinance No. 115, 1991 Appropriating Prior Year Reserves in the General Employees' Retirement Fund. The City's actuary, William M. Mercer, Inc. suggested that it would increase efficiency and reduce future costs to the General Employees Retirement Fund to pay a lump -sum benefit to terminated employees whose future benefit was projected to be less than $100 per month. This action will reduce the number of small monthly payments that would have to be made in the future. In July of 1990 the Council adopted an ordinance amending the plan to allow this type of retirement benefit option for all present and future retirees and their beneficiaries. The General Employees Retirement Committee decided it would be equitable to offer the same option to City employees who had terminated prior to July of 1990. All potential recipients were notified of their options by letter in August of 1991 and replies have been received. Fifty-four of the sixty people contacted have requested the lump sum payment. This ordinance appropriates the $75,000 necessary to pay those benefits. 411 10. 11. 12. October 1, 1991 P.U.D. This Ordinance will vacate the old frontage road right-of-way on the west side of South College Avenue adjacent to Foothills Chrysler, located north of Colboard Drive and south of Furr's Cafeteria. The right-of-way was dedicated by the College Motors P.U.D. which has recently been redeveloped as the Moreland Subdivision. The frontage road right-of-way is no longer needed since the City no longer plans for a frontage road in this location. In lieu of a frontage road, access easements have been dedicated on the properties between Creger Drive and Colboard Drive (Furr's and Foothills Chrysler) to provide traffic circulation between the properties. However, portions of the frontage road right-of-way are proposed to be retained for utility and access easements, and South College Avenue right-of-way as shown on the map. Involved property owners have no objections. Park Planning and Development was approached by the Putnam Elementary School Principal and Parent-Teacher Organization (PTO) staff in the fall of 1990 with a request to assist the school in making site improvements to the play fields at Putnam. The turf area used for physical education and open play had deteriorated over the years and was not irrigated. As part of the PTO's site master plan, the field areas were to be upgraded and a school soccer team was to be established. After reviewing the alternatives available to the City, staff is recommending that the City participate with the School District and use Parkland Funds for the site improvements which includeturf improvement and repair and replacement of playground equipment. The District had $12,000 available for capital improvements and asked that the City match that amount. Funds are available in the Park Equipment Replacement account ($41,000) to accommodate this request. These site improvements will help enhance use of the school grounds as a neighborhood park. The site will be available for public use not inconsistent with the Putnam's use of the property. Vegas. Nevada. Under the bylaws of the National League of Cities (NLC), each direct member city is entitled to cast from one to twenty votes, depending upon ' the city's population, through its designated voting delegate at the 412 October 1, 1991 ' Annual Business Meeting of the Congress of Cities. This meeting will be held on Monday, December 16, 1991, beginning at approximately 10:30 a.m. The City of Fort Collins is entitled to cast two unanimous votes based upon 1990 census data. To be eligible to cast the vote of the City of Fort Collins, the voting delegate and alternate voting delegate must be designated on the official form and forwarded to the NLC's Credentials Committee on or before October 14, 1991. 13. Routine Deeds and Easements. a. Powerline easement from Michael M. Sewall, 806 Whedbee, needed to underground existing overhead electric services. Monetary consideration: $10 b. Powerline easement from Lawrence E. Rupp & Margaret K. Greene, 507 West Mulberry, needed to underground existing overhead electric services. Monetary consideration: $10 C. Deed of dedication from Kensington Properties, Ltd. dedicating a utility and drainage easement in connection with the Fossil Creek Design Center P.U.D. Monetary consideration: $0 d. Easement from David H. Hawes and Barbara B. Hawes, 1714 Stover ' Street, needed for the Stover/Stuart Bridge Project. Monetary Consideration: $792. (based on consultation with a M.A.I. appraiser). Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item 6. Item 7. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item 8. Item 9. 413 October 1, 1991 Item 10. Councilmember Horak made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Azari reported on the meeting of the Steering Committee for Human Development Policy Committee for the National League of Cities which proposed guidelines and principles for a national health policy. Additionally, she stated that work force diversity was discussed. Public Hearing on the Proposed 1992 Budget This is the second official Public Hearing on the proposed 1992 Budget for the City of Fort Collins. The following citizens spoke: 1. Sister Mary Alice Murphy, 1712 Erin Court, introduced the issue of affordable housing. 2. Fred Mills, 3024 Marina Lane, made a presentation on affordable housing, both nationally and locally. 3. Ernie Herron, Executive Director of Catholic Community Services Northern, spoke on the interlinkage between affordable housing and homelessness. 4. Chris Zell, 4404 N. County Road 13, Chairman of the Affordable Housing Task Force for Larimer County, spoke of the needs of the working poor. 5. Sister Mary Alice Murphy, 1712 Erin Court, asked for the City's support for the problem of affordable housing. 6. Stu VanMeveren, District Attorney, spoke' in support of $60,000 for the Drug Resistance Education (D.A.R.E.) program. 7. Al Bacilli, 520 Galaxy Court, spoke against City funds being paid for Chamber of Commerce dues. ' 8. Pat Wunch, 405 Clover Lane, program coordinator for Fort Collins Youth 414 October 1, 1991 ' Baseball, spoke in favor of the supplemental request for funds to develop the property at Boltz Junior High for a youth sports complex. 9. Axel Marrocco, 729 Aster, CSU student, supported the new Transfort bus routes. 10. John McInroy, 1640 Kirkwood Drive, CSU student, spoke in favor of Transfort funding. 11. Dennis Greer, 1307 Front Nine, President of the Fort Collins Soccer Club, spoke of the growth of soccer in Fort Collins and supported the development of the fields at Boltz. 12. Al Minatta, 2225 Stanford, Manager of the Fort Collins Soccer Club, supported additional fields at Boltz. 13. Bruce Lockhart, 2500 E. Harmony Road, questioned the placement of recreation expenses in an administration fund and expressed concern about debt financing for the new street maintenance facility. City Manager Burkett stated that at the October 8 Worksession, staff would be presenting options for reducing projected 1992 revenue and expenditures. Items Related to the ' East Side/West Side Neighborhoods Rezoning Project The following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 110, 1991, Amending Chapter 29 of the Code Relating to the R-M, R-H, B-L and B-G Zoning Districts. B. Second Reading of Ordinance No. 111, 1991, Amending Chapter 29 of the Code by the Addition of Four New Zoning Districts to be Known as the N-C-L, N- C-M, N-C-B and C-L Zoning Districts. C. Second Reading of Ordinance No. 112, 1991, Amending Chapter 29 of the Code by the Addition of a New Subdivision "G" to Division 4 of Article III Pertaining to Site Plan Design Supplemental Review. The EAST SIDE and WEST SIDE NEIGHBORHOOD PLANS establish specific land use policies for their respective areas of the city. The major goals of the rezoning project were: (1) to develop zoning regulations to preserve the residential character of the neighborhoods; and (2) to'protect the neighborhoods against incompatible land uses which could locate internally and/or along the periphery of the neighborhoods and have negative impacts and influences within them.) On ' 415 October 1, 1991 September 17, Council unanimously adopted Resolution 91-126 Setting Forth Findings and Determinations Regarding the East Side/West Side Rezoning Project. On September 17, Council also unanimously adopted Ordinance No 110, 1991, Ordinance No. 111, 1991 and Ordinance No. 112, 1991. Second Reading of Ordinance No. 113, 1991 will be delayed until October 15 so that new zoning districts will be in effect prior to the adoption of the zoning district map." Chief Planner Ken Waido gave a general overview of the Ordinances. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 110, 1991 on Second Reading. Waido explained the zoning amendments contained in Ordinance No. 110, 1991. The vote on Councilmember Maxey's motion to adopt Ordinance No. 110, 1991 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt . Ordinance No. 111, 1991 on Second Reading. ' Waido explained the four new zoning districts created by Ordinance No. 111, 1991. Councilmember Azari made a motion, seconded by Councilmember Edwards, to amend Ordinance No. 111, 1991 to change Section 29-341 to delete the words "conducted inside a building" from (2) and to delete (33)(a) "Auto repair". Councilmember Azari stated the amendment clarifies the approved use. Waido clarified that all the "Uses permitted" as listed are allowed by right without any public review. Councilmember Edwards inquired about the Planning and Zoning Board recommendation that 2 types of auto repair operations be allowed. Waido stated that the Board decided to make a differentiation so that there would be some type of review for an auto repair use outside a building. This would provide the maximum protection from auto repair businesses to the surrounding neighborhood. He further clarified that other sections of the Code would protect neighbors from noise or pollutants'. Councilmember Winokur inquired about junkyards and visual pollution. Waido stated that the Ordinance, as proposed, would require staff site plan review of repair conducted outside a building so that parking or storage of vehicles would be properly screened with a fence or landscaping. 416 October 1, 1991 ' John Huisjen, 1138 E. Stuart, representing Tom Milan of Import Auto Sales, spoke in support of the amendment. Gerald Benson, 3113 Colony Drive, owner of a business at 835 Riverside, supported the amendment. Randy Milan, 2100 Clydesdale, business owner, supported the amendment. Debra Hilgendorf, 2100 Clydesdale, spoke in favor of the amendment. The vote on Councilmember Azari's motion to amend Ordinance No. 111, 1991 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Bruce Lockhart, 2500 E. Harmony Road, spoke of the costs of rezoning and its effect on low-income housing. Susan Hooley, 123 S. Sherwood, stated zoning district boundary concerns. Gerald Benson, 3113 Colony Drive, stated his concerns about landscaping requirements. ' Waido clarified that if the C-L zone is adopted, there is no retroactive requirement. However, with a change of use, landscaping requirements would be applied, taking into account the limits of the existing situations. Councilmember Azari asked for an example of change of use. Waido stated that the landscaping requirements to screen from adjacent uses would be in effect when a principal use changed on a property adjacent to a residential use,. Councilmember Horak clarified there is no requirement that a submitted landscape plan be professionally done. If dissatisfied with the decision of the Director of Planning, the applicant could first appeal the decision to the Planning and Zoning Board. The decision of the Planning and Zoning Board would further be appealable to Council. City Attorney Roy stated that there are criteria incorporated in the Land Development Guidance System provisions to determine whether the landscaping accomplishes certain things. Councilmember Maxey inquired what effect an alley had on determination of whether a property was abutting. City Attorney Roy replied he would research the abutting property question. ' 417 October 1, 1991 1 Gerald Benson, 3113 Colony Drive, expressed concern about landscaping by fencing and the Riverside zonings. John Huisjen spoke about the definition of abutting, stated that the Planning and Zoning Board minutes don't reflect discussion about automobile repair inside or outside, and indicated the Planning and Zoning Board requested inclusion of automobile leasing as a permitted use. Waido explained that staff did make a presentation to the Board on the issue of auto repair and auto repair conducted inside a building. He continued that auto rental is considered an office use and the autos on the lot are considered an accessory use. City Attorney Roy clarified that property across an alley is not abutting. Chris Zell, 3665 JFK Parkway, suggested adding auto leasing to the listed uses. Mayor Kirkpatrick spoke in favor of Ordinance No. 111, 1991, as amended, and against the inclusion of auto leasing. Councilmember Edwards commented that creation of these zones will help to stabilize the East Side and West Side neighborhoods and clarified that the creation is not site specific at this time. Councilmember Maxey commended the Riverside area for the recent improvements. Councilmember Azari assured that the intent of Council was to protect property while being flexible. The vote on Councilmember Azari's motion to adopt Ordinance No. 111, 1991, as amended, on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 112, 1991 on Second Reading. Waido explained the amendment to the existing Code requirement contained in Ordinance No. 112, 1991. The vote on Councilmember Edwards" motion to,adopt Ordinance No. 112, 1991 on Second Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. 418 October 1, 1991 ' Resolution 91-130 Authorizing Staff to Pursue Parkland Acquisition Adjacent to the New Fort Collins High School, Adopted The following is staff's memorandum on this item: "FINANCIAL IMPACT: Acquisition and development is estimated to cost $1,200,000. Funding would be predominately from the Parkland Fund. Assuming the City would maintain a portion of the facilities on the high school site, annual maintenance costs would range from $55,000 to $145,000 per year depending on whether any facilities were lighted. EXECUTIVE SUMMARY: Poudre R-I staff is currently evaluating sites to locate the new Fort Collins High School. Because of potential cost sharing benefits and the increasing need for youth sports facilities, City staff has considered options to acquire additional land adjacent to the high school site. BACKGROUND: ' The City and School District have often cooperated on joint school/park sites including Beattie School and Park, Lopez School and Troutman Park, Fort Collins High School and Park and most recently at the Front Range Community College site. The construction of a new high school gives the City the opportunity to develop some badly needed athletic facilities in conjunction with the school district at a cost savings to both entities. Poudre R-I is considering the purchase of approximately 60 acres for the new high school including 24 acres for athletic facilities. If the City were to purchase an additional 20 acres adjacent, a total of 44 acres would be available for athletics and other park uses. Development of the high school is scheduled to include construction of a practice 'Football field and track as well as some combination of soccer, softball, tennis, and volleyball. With the City's participation in development adjacent to the school, the number of these facilities could be increased and made available for city-wide public use. The popularity of soccer, as well as youth baseball and softball, has put a strain on existing facilities and more are needed. The opportunity for the City to develop these facilities adjacent to the high school would essentially provide community park amenities at a much lower cost. The City would most likely assume maintenance of all athletic facilities that would be open for use by recreation programs. The school would maintain the football practice field and track. In addition to shared athletic facilities, recreation programs would utilize the ' 419 October 1, 1991 parking lot planned for the school. This would save the City the substantial cost of developing a separate parking lot. This facility would also serve as the neighborhood park element for any surrounding residential development. Based on a preliminary design, playground and picnic facilities can be accommodated on the site. Sand volleyball, a fitness trail, basketball courts and the planned tennis courts would all be available for use by the neighborhood. The Parkland Fund policy states that the City will develop a neighborhood park in every square mile of residential land use within the city. Without development of a site adjacent to the high school, the City would eventually acquire and develop a 10 to 12 acre park somewhere in the surrounding residential neighborhood at a cost of approximately $600,000. For an additional $600,000 city residents would enjoy the benefits of 44 acres of developed parkland providing both youth athletic facilities and neighborhood park amenities." City Manager Burkett read the Mission Statement developed by the City of Fort Collins/Poudre R-1 Liaison Committee. Director of Cultural, Library and Recreational Services Mike Powers made a presentation on the proposed joint site selection and development. I Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 91-130. Councilmember Maxey inquired if the new park site would have the same discipline problems as the present Fort Collins High park site. Powers confirmed that might be a possibility, but anticipated having agreements for dual jurisdiction for those kinds of issues. Councilmember Horak inquired about the cost per acre of the last few parks purchased. Powers replied the current costs are $40,000/acre for development and $15,000/acre for purchase. The $600,000 is for purchase and development of 10 acres. Councilmember Horak clarified that all school properties are presently available for public use. Councilmember Azari questioned the reduction of the land from 100 to 80 acres. Powers replied that this plan addresses only immediate needs, not long term needs. 420 October 1, 1991 ' Councilmember Horak asked where the remaining $600,000 will come from and whether there are enough funds ($1.2 million) presently in the Parkland Fund. Powers replied that 20 acres is the maximum size justifiable as a neighborhood park. The park will be paid for out of Parkland funds. There are presently enough funds to purchase the site, but not enough to develop the park. Parks are to be developed based on needs and development of areas. Councilmember Horak requested an analysis to show the effect of this new item on the 5-year plan for Parkland. Councilmember Edwards clarified that this item only authorizes the City Manager to investigate possible acquisition. Councilmember Horak expressed concern about expectations created in the community by adoption of this Resolution and the overall effect of the proposed purchase on the Parkland Fund. Councilmember Maxey spoke of his concern about the size of the proposed neighborhood park and asked if it should be considered a regional park. Councilmember Winokur inquired if the City would be negotiating its own I acquisition price or would the City's purchase be rolled into the package price of the School District. City Manager Burkett replied the decision has not been made. It is possible the School District may buy a larger piece of property, with the City's decision to be made at a later point. Councilmember Horak commended Councilmembers Edwards and Azari for their work with the School District. Councilmember Azari spoke of the partnership with the School District and the chance to provide long term savings to taxpayers and enhanced services. Councilmember Winokur spoke of the financial risk of the purchase to the School District. He expressed a desire to examine the priorities and status of other parks, possibly in a work session. Mayor Kirkpatrick expressed her concerns about the large size of the parking lot planned for the new school site. Councilmember Horak inquired whether improving existing school sites for baseball or soccer fields would be a better investment than purchasing one new site. Councilmember Edwards replied that issue had not yet been -considered by the committee. , 421 October 1, 1991 Councilmember Azari stated that there had been discussion that guidelines should contain consideration of redevelopment as well as new development.. The School District and the City are working together to set joint priorities. The vote on Councilmember Azari's motion to adopt Resolution 91-130 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Resolution 91-131 Authorizing the Adoption of Rules and Regulations for the Fort Collins -Loveland Municipal Airport, Adopted The following is staff's memorandum on this item: "EXECUTIVE SUMMARY: The Airport Rules and Regulations provide for all the safety and operating procedures necessary for the safe and efficient management of the Airport. This resolution authorizes the City Managers of the two cities to approve revisions ' to the rules and regulations promulgated by the Airport Manager." Councilmember Maxey withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Resolution 91-131. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, and Winokur. Nays: None. (Councilmember Maxey withdrawn) THE MOTION CARRIED. Other Business Councilmember Azari made a motion, seconded by Councilmember Winokur, to reconsider the tabling of the S.I.D. foreclosure items. She wanted to allow additional time so that when the item is considered al.l relevant parties have knowledge of the issue. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Winokur, to table the S.I.D. foreclosure items from October 15 to November 19. 422 October 1, 1991 ' Councilmember Winokur stated the delay would allow time for a better picture of the S.I.D.'s following the November 8 Treasurers' tax sale and the work session on SID land acquisitions. The vote on Councilmember Azari's motion to table the S.I.D. foreclosure items until November 19 was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Winokur proposed delaying second reading of budget items to November 19. The additional time would allow further examination of reserve policies, total debt, cash flow, potential refunding and would allow the collection of an additional month of data on sales and use tax revenue. Mayor Kirkpatrick adjourned the meeting to the front walk of City Hall due to a possible natural gas leak. Councilmember Winokur made a motion, seconded by Councilmember Horak, to schedule second reading of the budget ordinance on November 19. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: None. THE MOTION CARRIED. ' Councilmember Horak praised the staff work on the environmental fair. Adjournment The meeting adjourned at 9:55 p.m. Jux"� =_"d—r K, Mayor City Clerk 423