HomeMy WebLinkAboutMINUTES-05/17/1994-Regular1
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May 17, 1994
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,
May 17, 1994, 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: Apt, Azari,
Janett, Kneeland, McCluskey, and Smith. Councilmembers absent: Horak.
Staff Members Present: Burkett, Krajicek and Roy.
Citizen Participation
Nord Zeidner, 801 Inverness, presented a petition with over 1,000 signatures
encouraging citizen involvement in reviewing the UGA Agreement. He requested a
moratorium be placed in effect until the review of the UGA Agreement was
completed.
Eileen Gaebler, representative of the City Park Neighborhood Association, urged
Council to adopt a resolution establishing the Neighborhood Advocate Program for
the community. She stated an advocate or ambassador would have positive impacts
on the community and would create some harmony between the City government and
the citizens of this community.
Jeff Bridges, representative of the Centennial Neighborhood Association, stated
a Neighborhood Ambassador Program should be implemented immediately. He stated
the program would provide the neighborhoods and developers a chance to work on
compatibility issues throughout the city.
Al Baccili, 520 Galaxy Court, stated the City of Fort Collins should not support
the Chamber of Commerce or Platte River Power Authority.
Karen Weitkunat, 1513 North College, presented a petition protesting a project
called the Homecoming which would be located at 1006 North College and house
approximately 30 homeless males. She stated it contradicts the visions of
improving the image and economics of North College. She stated the Homecoming
Project does not fit into a commercial land use area and is not consistent with
the comprehensive land plan that is being developed. She stated the Housing
Authority has begun a project that presents the citizens in north Fort Collins
with few options and little citizen input.
Citizen Participation Follow-up
Councilmember McCluskey stated the UGA Agreement presents an opportunity for the
City to work in conjunction with the County on the types of land uses in north
Fort Collins.
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Councilmember Apt stated the Growth Management Sub -committee urged Council to
review and revise the Intergovernmental Agreement between the County and the City
which would address areas of concern in north Fort Collins.
Councilmember Janett stated the City should develop a comprehensive plan for the
UGA. She stated she supports the issue of a Neighborhood Ambassador Program
which would bring City staff and citizens working together to better the
community. She stated that in regards to the Homecoming Project, there are
federal funds involved. She urged Ms. Weitkunat to research that area.
Agenda Review
City Manager Burkett withdrew Item #14, First Reading of Ordinance No. 74, 1994,
Authorizing the Long Term Lease of Property at the Fort Collins -Loveland
Municipal Airport for the Construction of a Flight Training Facility.
City Manager Burkett clarified that in Item #26, Ordinance No. 86, 1994, the last
WHEREAS clause the Transportation Services Fund has been changed to read
Engineering Department.
Councilmember Janett withdrew Item #12, First Reading of Ordinance No. 72, 1994,
Appropriating $50,000 of Undesignated Prior Year Reserves in the General Fund for
Implementing a Community Decision -Making Process, from the Consent Calendar. '
Councilmember McCluskey withdrew Item #15, First Reading of Ordinance No. 75,
1994, Amending Chapter 7 of the Code of the City of Fort Collins to Prohibit
False Campaign Statements, from the Consent Calendar.
Councilmember Apt withdrew Item #10, Hearing and First Reading of Ordinance No.
70, 1994, Amending the Zoning District Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain Property Known as the K & M
Rezoning, from the Consent Calendar.
Tom Wilberton, 4419 Hilburn Court, withdrew Item #24, First Reading of Ordinance
No. 84, 1994, Vacating a Portion of Street Right -of -Way for Hilburn Drive and
Retaining Portions of the Same for Pedestrian and Bicycle Access Easement and
Utility Easement Purposes, from the Consent Calendar.
***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 by the Public will be considered separately under Agenda Item
#36, Public Pulled Consent Items. t
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' 7. Consideration of the minutes of the regular meeting of April 5 1994
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Project.
Last summer the City undertook the widening of Prospect Road between
Shields Street and Taft Hill Road. The work involved three Choices 95
projects: Prospect/Taft Hill Intersection, Prospect from Shields to Taft
Hill, and Prospect/Shields Intersection. In conjunction with the City's
roadway improvements, utility companies including US West installed
utility system improvements at the same time.
During the City's widening project, the City incurred certain costs
associated with US West's utility work. These costs included work done by
the City's contractor at US West's request when the US West contractor was
unable to meet certain deadlines. The City initially paid its contractor
for the work, with the agreement that US West would reimburse the City at
the end of the project. A portion of the costs also included work by the
City because of delays in the progress of the US West utility work.
The total amount of the reimbursement from US West is $29,000. This
Ordinance, which was unanimously adopted on First Reading on May 3,
' appropriates money back into the Prospect/Shields Intersection project to
make the project budget "whole" again.
9. Second Reading of Ordinance No. 69, 1994, Authorizing the Sale and
Exchange of Real Property at Case Park.
The City will sell .46 acres of parkland to Timberline Partners, Ltd., for
$10,000. The City purchased this land for $15,500 per acre in 1992. This
money will be used to develop Case Park. An additional four dwelling
units will be built by the developer due to this exchange of property,
generating approximately $3,116 additional in Parkland Fees for the
development of the park. Reducing the size of the park from 15 acres to
14.5 acres will reduce the- overall cost to develop the park. This
Ordinance, which was unanimously adopted on First Reading on May 3,
permits the land exchange and sale to create a more linear park property
line which will be easier and less costly to design, develop and maintain.
Street improvements for the additional street frontage adjacent to the
park will be paid by Timberline Partners, Ltd.
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May 17, 1994
This is a request to rezone approximately 350 acres from the T-Transition
District to the following zones: 30 acres of B-P, Planned Business,
District; 60 acres of I-P, Industrial Park, District; and 260 acres of R-
L-P, Low Density Planned Residential. The T Zone is for properties in a
transitional stage with regards to ultimate development. The property is
located south of County Road #50, on either side of Summit View Road and
one-half mile north of East Vine Drive. The I-P portion is to be located
east of Summit View and south of County Road #50; the B-P portion is to be
located southwest of the Summit View/County Road #50 intersection; and the
balance of the property would be zoned R-L-P. According to the Code of
the City of Fort Collins, within sixty days from the date the matter is
considered by the Planning and Zoning Board, the City must change the
zoning for a property in the T Zone to another zoning district included
within the Zoning Code.
First Reading of Ordinance No. 71, 1994, Appropriating Unanticipated
Revenue to the Natural Areas Proiect of the General Capital Fund.
On February 1, 1994 Council approved acquisition of 25-acres of land and
water rights for natural area and storm drainage purposes for a total
purchase price of $273,025. The acquisition was structured as a bargain -
sale in which the total value was estimated at $335,000, and the sale
included a gift value of $61,975 to the City of Fort Collins. Subsequent
to Council approval, the sellers elected to restructure the agreement such
that the City paid full value of the property and simultaneously received
a cash donation of $61,975. This ordinance appropriates the donation back
to the Natural Areas Project of the General Capital Fund.
Community Decision -Making Process.
The majority of costs for this process will likely be incurred in 1994.
Staff has estimated that the costs for 1994 will total approximately
$100,000 and recommends City Council appropriate one half of that amount,
or $50,000 for this project. The City Manager will obtain the additional
funding needed for this process from existing 1994 appropriations.
13. First Reading of Ordinance No. 73, 1994, Appropriating Unanticipated
Revenue and Prior Year Reserves in the General Fund.
This ordinance adjusts the 1994 amount to be paid
Visitors Bureau, based on 1993 actual collections
current contract. As indicated previously, staff
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to the Convention and
in accordance with the
is suggesting a cap or
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May 17, 1994
limit on the amount of lodging taxes dedicated to the Convention and
Visitors Bureau. Options on the cap amount and calculation will be
brought to Council and discussed at the July 26th worksession. If a cap
is approved, it will begin in the 1995 budget year.
Lodging tax receipts for 1993 were estimated at $290,000 while the actual
receipts totalled $312,164. The 1994 budgeted appropriation was
calculated using the estimated figure while the actual disbursement is
based on actual prior year lodging tax receipts. This ordinance
appropriates the additional 1993 lodging tax receipts in the amount of
$22,164 which will be disbursed in a 25/75 percent split between the
Cultural Development and Programming Account, and the Fort Collins
Convention and Visitors Bureau.
The Airport Manager has negotiated a lease of property to Gracon Leasing
Company for the construction of a flight training facility. Gracon
Leasing Company will construct a building and an aircraft parking ramp on
the lots. The building, which will be at least 12,000 square feet, will
house flight school offices, classrooms and include an aircraft
maintenance hangar area. At the expiration of the lease, the improvements
revert to the ownership of the Cities.
The construction of the flight training facility will generate new revenue
for the Airport and help meet the flight training needs of the local
community.
First Reading of Ordinance No. 75, 1994, Amending Chapter 7 of the Code of
the City of Fort Collins to Prohibit False Campaign Statements.
The Council Governance Committee has investigated the need for the City to
adopt an ordinance prohibiting false campaign statements. The Governance
Committee has concluded that it would be in the best interests of the City
to adopt such an ordinance and recommends the adoption of Ordinance No.
75, 1994.
This ordinance, if adopted, prohibits any person from knowingly making,
publishing or circulating any writing containing a false statement that is
designed to effect a vote on any issue or relating to any candidate at any
election held in the City. The prohibition would include candidates for
local office, as well as candidates for federal, state or regional office.
Similarly, the ordinance would apply to local and non -local issues and
measures to be voted on at any election held in the City.
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May 17, 1994 '
Demand Management Policy.
This ordinance will implement a portion of the City's Water Demand
Management Policy, as adopted by Council in April of 1992. It will amend
various sections of Chapter 29 of the City Code, including the Land
Development Guidance System, in order to establish water conservation
standards for the design and installation of landscapes and irrigation
systems. It is applicable to commercial, industrial, public, and
residential "common area" landscapes, and their associated irrigation
systems. It does not apply to the landscapes of single family residences.
It is estimated that the adoption of this ordinance will result in a water
savings of 2.7 to 5.4 million gallons of water per year, and 24,000 to
48,000 gallons per day in peak demand.
Utility.
A "cross- connection" is an unprotected physical link between a consumer's
water system and the City's potable water system through which '
contaminating materials can enter the City's system.
The full implementation of the City's Cross -Connection Control Program
will require two separate actions by Council. The first, covered by this
agenda item, is considered by staff to be "house keeping" amendments to
existing City Code.
The proposed amendments change the definition of "an approved device" to
reflect the current industry standard. As amended Section 26-189 will
require that rules and regulations needed to implement and administer the
City's Cross -Connection Control Program be adopted by City Council.
Violating such rules and regulations will become a misdemeanor violation
under the Code.
The adoption of the proposed rules and regulations will be the second step
to implement the cross -connection control program. These could have
significant impact on the City's customers and will need careful review
and consideration. The proposed rules and regulations are being reviewed
by the Water Board and will be presented to City Council after Board
review has been completed.
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18. First Reading of Ordinance No. 78, 1994, Creating an Air Quality Advisory
Board.
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The Air Quality Task Force, created in 1989 as a temporary advisory body,
has nearly completed the work that City Council assigned to it. This
ordinance replaces the Task Force with a permanent Air Quality Advisory
Board, which will continue and expand upon the previous work of the Task
Force.
The City of Fort Collins General Employees Retirement Plan as amended and
restated effective January 1, 1992 was adopted by the City Council on
April 7, 1992. The Plan provides for a Retirement Committee to administer
the Plan, and sets out specific criteria for membership on the Committee.
The Committee is composed of five members consisting of the Director of
Finance, at least three employees who are covered by the Plan, and one
other member who may be either an employee covered by the Plan or a
taxpaying elector of the City.
This ordinance amends Section 21-87 of the City Code to be consistent with
' the provisions of the Plan. Specifically, it clarifies that only members
who are not employees of the City must be taxpaying electors of the City.
20. First Reading of Ordinance No. 80, 1994, Authorizing the City to Convey a
Farm House to the Fort Collins Housing Authority.
The City acquired Ridgeview Park near Clarendon Hills in 1991. This ten
acre undeveloped park site adjacent to McGraw Elementary School contains
an old farm with eleven small buildings on it. The property was purchased
from Poudre R-1 School District. In recent months a development proposal
has been initiated to build 100 housing units on the remaining 50 acres
around the school and park. It is estimated that residential development
will begin this summer. Staff believes that the farm buildings may
attract trespassers once housing in the area becomes a reality. Of all of
the buildings, the farmhouse itself appears to be sound and could be
relocated.
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May 17, 1994
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The Fort Collins -Loveland Water District is requesting a 30 foot easement
through the Southside Service Center Site. This easement is needed to
loop the District waterline from Portner Road to the Huntington Hills
Subdivision. The waterline easement will parallel an existing sewer line
easement. The looping of the waterline helps to ensure the continuous
supply of water to the City's Transfort site, because it will allow water
to be provided even if part of the line fails.
Colorado.
Public Service Company is requesting a 30 foot easement for a gas line
adjacent .to Drake Road to better serve area homeowners. This land is
owned by the City and used by the Light and Power Department. When Drake
Road is improved, the easement area will be within the street right-of-
way. The need for the easement was identified during the planning process
for Hampshire Pond PUD. But, since the City's land is unplatted, the
easement could not be included in the PUD. Granting the easement will
bring natural gas utilities closer to the City's property, which will ,
increase the value of this property.
23. First Reading of Ordinance No. 83, 1994, Authorizing the City to Grant a
Non -Exclusive Easement for an Underground Irrigation Line to the Colorado
State Board of Agriculture.
24.
The City of Fort Collins has an unplatted storm drainage area bordered by
Skyline Drive and Fort Ram Village II. Colorado State University is
constructing a new housing project to the north of this area and needs to
install an irrigation line. The Colorado State Board of Agriculture is
requesting an 8 foot easement on the easterly edge of the existing
utilities.
Stormwater Utility personnel have reviewed this easement request and
believe this easement will not interfere with its detention area.
On May loth, 1994, the City Council heard the appeal of the Arapahoe Farm
Townhomes P.U.D. The Council upheld the Planning and Zoning Board's March
28, 1994 approval of the project. The Arapahoe Farm Townhomes project
does not utilize the extension of Hilburn Drive that was originally
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provided with the development of the Regency Park P.U.D. Therefore, the
City has requested that the developer remove the street stub and vacate
the right-of-way so that the unusable dead end public street created by
the Arapahoe Farm Townhomes P.U.D. development does not become a
maintenance burden to the City nor to the general public.
Although the right-of-way vacation eliminates the potential vehicular
connection between the Arapahoe Farm Townhomes and the existing Regency
Park P.U.D., the developer has agreed to construct a sidewalk to provide
a pedestrian and bicycle connection between the two developments.
Therefore, the City will retain a portion of the right-of-way for a
pedestrian and bicycle access easement. In addition, the City has
requested that a portion of the right-of-way be retained for a utility
easement to accommodate the existing water line in Hilburn Drive.
25. Items Relating to Library Services.
A. Resolution 94-74 Authorizing the Mayor to Enter into an
Intergovernmental Agreement with Larimer County for the Purpose of
Providing Library Services to Residents of Larimer County.
B. First Reading of Ordinance No. 85, 1994, Appropriating Unanticipated
Revenue of $10,359 for the Library Outreach Program.
' In 1981 Larimer County phased out its "Yeller Feller" Bookmobile service
and instead the County divides its library monies among the six (6)
communities with library service. There is no Larimer County Library.
The library funds are divided among existing libraries for the purpose of
providing library service. The dollars allocated for library service are
generated by property taxes. The dollars allocated to each jurisdiction
is based on how many non-residents are served. This year the Fort Collins
Public Library served a lower percent of non-residents than the previous
year. The $103,590 represents a 6.2 percent decrease from 1993. The
dollar amount varies each year.
26. Items Relating to the Construction of Bikelanes on County Road 9 between
Horsetooth Road and Harmony Road.
A. Resolution 94-75 Authorizing the Mayor to Enter into an
Intergovernmental Agreement with the Colorado Department of
Transportation for the Construction of Bikelanes on County Road 9
between Horsetooth Road and Harmony Road.
B. First Reading of Ordinance No. 86, 1994, Appropriating $162,662 of
Unanticipated Revenue for the Construction of Bike Lanes on County
Road 9 between Horsetooth Road and Harmony Road.
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The above -stated project has been reviewed and approved within the North
Front Range Transportation Improvement Program for FY 1994-1996.
Construction of the project is anticipated for early fall of 1994.
The Bikelanes on County Road 9 is a project that was selected by the NFRT
& AQPC as an Enhancement Project for FY 1994. This roadway is currently
a major bikeway to the HP facility on Harmony Road. Construction of this
project will be coordinated with the developments that are occurring in
the area.
27. Resolution 94-76 Findinq Substantial Compliance and Initiating Annexation
Proceedings for the Harmony Farm Annexation.
The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of
the property owner, John R. Moore of K & M Company, has submitted a
written petition requesting annexation of approximately 155.6 acres
located south of Harmony Road and east of County Road #9.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice to
be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
days of prior notice is required by Colorado law. '
28. Resolution 94-77 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Wild West Annexation.
The applicant and property owner, Michael E. West, has submitted a written
petition requesting annexation of approximately 8.2 acres located east of
County Road #9 and 1/4 mile south of Horsetooth Road.
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice to
be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
days of prior notice is required by Colorado law.
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May 17, 1994
The City of Fort Collins and Larimer County have been working under the
provisions of the Urban Growth Area Agreement since September, 1988 with
substantial benefits accruing to both entities as a result. The Agreement
is to be reviewed every two years, and it is appropriate to do so now with
both entities deeply involved in the analysis of growth management
policies and how the respective land use decisions of each entity affect
the policies of the other.
The Council Growth Management Committee believes the agreement should be
reexamined and perhaps modified to address concerns of both the City and
the County regarding issues of urban sprawl and the relative stability and
permanence of the existing Fort Collins UGA boundary.
The Committee presented a draft resolution to the City boards and
commissions, to the community focus group, and at the community public
input meeting for discussion in March and April. The issue was then
addressed by the City Council and the Planning and Zoning Board at the
joint meeting on April 12. Few public comments were received on the
' proposal, and it was seen by most as non -controversial. The outcome of
the Council/Planning and Zoning Board discussion was that the resolution
should be less directive and more advisory toward the Council's intent of
entering into dialogue and negotiations with the Larimer County
Commissioners on updating and renewing the UGA Agreement.
30. Resolution 94-79 Amending the City of Fort Collins General Employees
Retirement Plan.
The General Employees Retirement Committee ("GERC") recommended six
changes to the plan last December. One of the plan changes was to extend
the benefit payable to employees should they die before the age of 55, the
minimum age for receiving a pension benefit. Since the beginning of 1994,
the GERP lost a member through death and the implementation of the
December death benefit change has been worked through. In following the
wording of the December change, the GERC discovered the Plan provided
larger benefits for the beneficiaries of younger employees than was
intended. The GERC perceived this inequity in the death benefit
provisions of the Plan as one that should be corrected. To foster more
equity in the Plan, the GERC recommends a clarification of the wording
regarding the calculation procedure for determining the amount of the
death benefit.
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May 17, 1994 ,
On November 20, 1990, City Council adopted Resolution 90-147 approving the
policies and procedures to be followed in complying with the Colorado
Water Metering Act. Staff was directed to set up a voluntary water
metering program for existing non -metered customers.
The Water Metering Act requires that billing for water services based on
the metered rate begin no later than ninety days from the date the meter
is installed. Resolution 90-147 requires that "customers converted from
non -metered to metered water service shall begin paying the metered water
rate upon installation of the meter." The proposed Resolution will change
this requirement. Customers applying during the period of June_1 to
August 31 of any year for the installation of a water meter will be able
to elect to begin paying the metered rate up to 90 days after the
installation, but will have to begin paying the metered rate no later than
October 1 of that year. This change is needed to encourage residential
customers to volunteer for a meter during the summer months.
32. Resolution 94-81 Regarding the Sheep Creek Reservoir Water Rights.
33.
The City of Fort Collins owns water rights associated with the old Sheep '
Creek Reservoir site which is located on the Roosevelt National Forest.
A water right to store 532 acre feet was conveyed to the City of Fort
Collins in the 1950's and an exchange decree was obtained in the late
1970's. Neither of these water rights have ever been 'exercised by the
City because the original dam was washed out, and therefore, the reservoir
does not hold water. Rehabilitation of the dam does not appear feasible
because of its inaccessibility, its small size, and its environmentally
sensitive setting. The resolution would provide direction to City Staff
to no longer pursue the protection of the water rights associated with
Sheep Creek Reservoir.
The appeal by the affected parties -in -interest was based on the
allegations that:
The Planning and Zoning Board abused its discretion, in that
its decision was arbitrary and without the support of
competent evidence in the record.
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The Board failed to properly interpret and apply relevant
provisions of the Code and Charter.
The Board failed to conduct a fair hearing in that it ignored
its previously established rules of procedure.
The Board considered evidence relevant to its findings which
was substantially false or grossly misleading.
At the May 10, 1994 hearing on this matter, Council considered the
testimony of City staff, the appellants, and proponents of the Arapahoe
Farm Townhomes. In subsequent discussion at this hearing, Council
determined that the Board did not commit any of the allegations and that
the decision of the Planning and Zoning Board be upheld.
In further deliberation, the Council ,voted to modify the decision of the
Planning and Zoning Board by adding the following two conditions of Final
approval:
1. The landscape plan shall be modified to add mature evergreen trees
to the easterly buffer area.
' 2. The roof shingles to be installed must be modified and determined to
be compatible with the surrounding neighborhoods. Due to the
concerns of the Poudre Fire Authority, this does not mean cedar
shakes. Compatibility to determined by the Poudre Fire Marshal,
Chief Building Official, and Planning Director.
34.
The appeal by the affected parties -in -interest was based on the
allegations that:
1. The Planning and Zoning Board failed to conduct a fair hearing in
that the Board considered evidence relevant to its findings which
was substantially false or grossly misleading; and
2. The Planning and Zoning Board did not properly interpret and apply
relevant provisions of the City Code in making its decision.
At the May 10, 1994 hearing on this matter, Council considered the
testimony of City staff, the appellants, and proponents of the Northbrook
Patio Homes at Fairbrooke PUD. In subsequent discussion at this hearing,
Council determined that the Planning and Zoning Board did conduct a fair
' hearing and that the Board did properly interpret and apply relevant
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provisions of the City Code in making its decision. Council upheld the
Planning and Zoning Board's decision to approve the preliminary PUD plans,
with the modification that a second access onto Prospect Street be added.
35. Routine Deeds and Easements.
Powerline Easement from Poudre School District R-1, 501 South
Washington, (Dunn Elementary School) needed to install new
underground streetlight. Monetary consideration: $10.
Powerline Easement from Frank and Susan Montoya, 1623 South Lemay,
needed to underground existing overhead electric system. Monetary
consideration: $10.
Easement Dedications from G.A.S. Properties, LLC for utility and
drainage purposes in the, Lory Ann Estates Subdivision located at the
southeast corner of Overland Trail and West Elizabeth Street.
Monetary consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
39. Second Reading of Ordinance No. 57, 1994. Amending Article VII of Chanter
5 of the Code of the City of Fort Collins so as to Permit the Rebate of t
Fees for the Purpose of Economic Development.
40. Second Reading of Ordinance No. 66, 1994, Amending Sections 23-227 and 24-
114 and Chapter 26, Article IX of the Code for the Purpose of Authorizing
a Delay in the Collection of Certain City Development Impact Fees for
Affordable Housing.
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Second Reading of Ordinance No. 69, 1994, Authorizing the Sale and
Exchange of Real Property at Case Park.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
10. Hearing and First Reading of Ordinance No. 70, 1994, Amending the Zoning
District Map of the City of Fort Collins by Changing the Zoning
Classification for that Certain Property Known as the K & M Rezoning.
11. First Reading of Ordinance No. 71, 1994, Appropriating Unanticipated
Revenue to the Natural Areas Project of the General Capital Fund.
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15. First Re;
the City
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Utility.
May 17, 1994
First Reading of Ordinance No. 73, 1994, 4orooriating Unanticioated
Revenue and Prior Year Reserves in the General Fund.
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18. First Reading of Ordinance No. 78, 1994, Creating an Air Quality Advisory
Board.
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State Board of Agriculture.
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25. Items Relating to Library Services.
B. First Reading of Ordinance No. 85, 1994, Appropriating Unanticipated
Revenue of $10,359 for the Library Outreach Program.
26. Items Relating to the Construction of Bikelanes on County Road 9 between
Horsetooth Road and Harmony Road.
B. First Reading of Ordinance No. 86, 1994, Appropriating $162,662 of
Unanticipated Revenue for the Construction of Bike Lanes on County
Road 9 between Horsetooth Road and Harmony Road.
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt and approve all items not removed from the Consent Calendar. The vote on
Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Ordinance No. 84, 1994
Vacating a Portion of Street Right -of -Way for
Hilburn Drive and Retaining Portions of the
Same for Pedestrian and Bicycle Access Easement '
and Utility Easement Purposes, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On May 10th, 1994, the City Council heard the appeal of the Arapahoe Farm
Townhomes P.U.D. The Council upheld the Planning and Zoning Board's March 28,
1994 approval of the project. As shown on the attached site plan, the Arapahoe
Farm Townhomes project does not utilize the extension of Hilburn Drive that was
originally provided with the development of the Regency Park P.U.D.. Therefore,
the City has requested that the developer remove the street stub and vacate the
right-of-way so that the unusable dead end public street created by the Arapahoe
Farm Townhomes P.U.D. development does not become a maintenance burden to the
City nor to the general public.
Although the right-of-way vacation eliminates the potential vehicular connection
between the Arapahoe Farm Townhomes and the existing Regency Park P.U.D., the
developer has agreed to construct a sidewalk to provide a pedestrian and bicycle
connection between the two developments. Therefore, the City will retain a
portion of the right-of-way for a pedestrian and bicycle access easement. In
addition, the City has requested that a portion of the right-of-way be retained
for a utility easement to accommodate the existing water line in Hilburn Drive." '
328
May 17, 1994
Tom Wilberton, 4419 Hilburn Court, stated the developer and the City should help
the neighborhood pay for landscape improvements during the construction of the
new street.
Kerrie Ashbeck, Civil Engineer, stated the developer will be removing the
asphalt, curb and gutter. She stated the developer will provide a sidewalk
connection between the new development and Regency Park. She stated the City
required the developer to take measures for erosion control; however, there has
been no mention of the developer replacing landscaping such as sod or shrubs.
Ron Phillips, Interim Planning Director, stated there was a lengthy discussion
at the appeal of the Arapahoe Farms Townhomes in regard to the developers
responsibility for making improvements.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 84, 1994 on First Reading.
Councilmember Kneeland asked if this issue of landscaping would be discussed
between the multifunctional group that was formed at the time of the appeal.
Phillips stated the concerns are being addressed through the development
agreement for reclamation of the vacated street.
' City Manager Burkett stated the development agreement will outline all the
requirements that relate to the vacation of the street right-of-way.
Tom Wilberton, 4419 Hilburn Court, asked if the neighborhood would be informed
of any agreements made between the developer and the City.
City Manager Burkett stated Ron Phillips will be working with the neighborhood
on the improvements.
The vote on Councilmember Smith's motion to adopt Ordinance No. 84, 1994 on First
Reading, was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
329
May 17, 1994
1
Ordinance No. 70, 1994
Amending the Zoning District Map of the
City of Fort Collins by Changing the
Zoning Classification for that Certain Property
Known as the K & M Rezoning, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This is a request to rezone approximately 350 acres from the T-Transition
District to the following zones: 30 acres of B-P, Planned Business, District;
60 acres of I-P, Industrial Park, District; and 260 acres of R-L-P, Low Density
Planned Residential. The T Zone is for properties in a transitional stage with
regards to ultimate development. The property is located south of County Road
#50, on either side of Summit View Road and one-half mile north of East Vine
Drive. The I-P portion is to be located east of Summit View and south of County
Road #50; the B-P portion is to be located southwest of the Summit View/County
Road #50 intersection; and the balance of the property would be zoned R-L-P.
According to the Code of the City of Fort Collins, within sixty days from the
date the matter is considered by the Planning and Zoning Board, the City. must
change the zoning for a property in the T Zone to another zoning district
included within the Zoning Code.
APPLICANT: K & N Company
'
c/o Lucia Liley
110 East Oak Street
Fort Collins, CO 80524-2880
OWNER: Same
BACKGROUND:
The applicant, Lucia Liley, on behalf of the owner, K & N Company, has submitted
a written petition requesting rezoning of approximately 350 acres from the T-
Transition the following zones: 30 acres of B-P, Planned Business District; 60
acres of I-P, Industrial Park District; and 260 acres of R-L-P, Low Density
Planned Residential. The T Zone is for properties in a transitional stage with
regards to ultimate development. The property is located south of County Road
#50, on either side of Summit View Road and one-half mile north of East Vine
Drive. The I-P portion is to be located east of Summit View and south of County
Road #50; the B-P portion is to be located southwest of the Summit View/County
Road #50 intersection; and the balance of the property would be zoned R-L-P.
According to the Code of the City of Fort Collins, within sixty days from the
date the matter is considered by the Planning and Zoning Board, the City must
change the zoning for a property in the T Zone to another zoning district
included within the Zoning Code.
330
May 17, 1994
The surrounding zoning and existing land uses are as follows:
N: R-L-P, Low Density Planned Residential, undeveloped
I-G, General Industrial, undeveloped
E: I-G, General Industrial, undeveloped
S: FA -I Farming, undeveloped
T-Transition, undeveloped
W: FA-1, Farming,undeveloped
M, Multi -Family Residential, Adriel Hills residential development at
approximately 5 units/acre
The requested zones of I-P, B-P, and R-L-P would help implement the City's land
use policies which encourage a mixture of land uses and residential densities
within all parts of the city. The I-P designation is for light industrial park
areas containing controlled industrial uses; the B-P designation is for areas
planned as a unit to provide business services while protecting surrounding
residential areas; and, the R-L-P designation is for areas planned as a unit to
provide variation in use, density, and building placement. In addition, the I-P
district is designed for industrial uses in proximity to areas zoned for
residential uses and along arterial streets.
The property, given its large size, will probably eventually develop with a
mixture of land uses including business, commercial, residential, and industrial
uses. A PUD condition on the property would require all development proposals
to be reviewed according to the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM.
With a PUD condition, the underlying zoning district has no bearing on the
ultimate land use approval for development proposals on the property. The LOGS
"point charts" are used to determine appropriateness of proposed land uses. The
PUD process would also assure that proposed uses are compatible with surrounding
existing uses as well as potential uses on undeveloped properties.
As indicated, according to the City's LAND USE POLICIES PLAN, areas should
provide for a mixing of land use types and residential densities. This site
offers great opportunities to address the City's differing land use locational
policies. There are no immediate development plans for the property.
Both Mountain Vista Drive (County Road #50) and Summit View Road (County Road
#9E) are planned as arterial streets (4-lanes) according to the Northeast Area
Transportation Study (NEATS). City water and sewer lines would need to be
extended into this area in order to serve development of the property, or
development of the property could also possibly utilize district utilities. Any
development will be required to address the City's off -site street policy, which
requires access to an improved arterial street (minimum 35 foot wide pavement
constructed to arterial standards) and to pay City development fees for water and
sewer (if City utilities are used), storm drainage, parkland (for residential
uses), and street oversizing. Thus, there are some significant infrastructure
issues which need to be addressed in the development of the property.
331
May 17, 1994 '
Findings
1. The requested I-P, Industrial Park, B-P, Planned Business, and R-L-P, Low
Density Planned Residential, Districts are in conformance with the
policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of the requested zones. Staff also recommends all
zones have a PUD condition attached.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting of April 25, 1994,
voted 7-0 to recommend approval of the requested rezoning. A copy of the Board's
minutes is attached."
Ken Waido, Chief Planner, stated the project is a request to rezone 350 acres
from T-Transition to 30 acres to BP -Planned Business, 60 acres to IP-Industrial
Park, and 260 acres to RLP. He stated the northern boundary of the property is
County Road 50 which is bisected by County Road 9E.
Councilmember Apt made a motion, seconded by Councilmember Smith,
Ordinance No. 70, 1994 on First Reading.
to adopt
Councilmember Apt asked when the property was
annexed into the City.
He asked
if there was any further information on what is
being proposed for the
property.
Waido stated the property was annexed in 1984.
He stated there are no
specific
development proposals at this time. He stated
the property owner is
requesting
the removal of the current Ttransition zoning.
He stated every development
proposal for the property will go through the
PUD process.
Councilmember Apt asked if there was any precedent for industrial use in that
area.
Waido stated the property located to the northeast is zoned IG-General Industrial
and is owned by Anheuser Busch. There is precedent for industrial use.
Richard Schott, 1805 Kedron Drive, stated the surrounding northeast area is low
density residential and believed it should remain as such.
Gil Wilson, 1733 Elem Court, stated the property is an ideal piece to develop
into low density residential. He stated the proposed BP -Planned Business is too
close to Adriel Hills and should be moved down to Summitview and Mountain Vista.
Councilmember McCluskey asked why the northern piece is being zoned industrial
and business. '
332
May 17, 1994
Waido stated both County Road 9E and County Road 50 are to become arterial
streets in the future. He stated the intersection at that point would be a good
location for non-residential use.
The vote on Councilmember Apt's motion to adopt Ordinance No. 70, 1994 on First
Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Apt stated staff did a great job on outreach and running the
Prospect/Shields Neighborhood Meeting. He stated the neighborhood would like to
see more frequent bus service. He stated there was a request for the City to
research the infrastructure for the area and mitigate some of the infill projects
for the neighborhood.
Ordinance No. 57, 1994
Amending Article VII of Chapter 5 of the
Code of the City of Fort Collins so as to
Permit the Rebate of Fees for the
Purpose of Economic Development. Failed to Pass
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, was adopted 3-2 on First Reading on May 17, changes the operation
of the program from a fee waiver to a rebate of use tax. The City currently has
a financial incentive program for basic industrial firms which is a minor element
of the City's overall economic development policy. The incentive program
currently involves a waiver of development fees associated with the construction
or expansion of a facility. Although the word "waiver" is used, the various fees
are paid through the use of General Fund Undesignated Reserves following
Council's authorization. Over a period of time, use taxes paid by the firm
receiving the fee waiver are applied to offset the waiver.
Research on the effectiveness of financial incentives is inconclusive, however
there is data to suggest that incentives are not the primary interest of
businesses considering Iocational choices. More focus is placed on the quality
of the community's roads, environment and schools. It therefore makes sense for
the City to utilize financial incentives sparingly to encourage local primary
business investment."
333
May 17, 1994 '
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Ordinance No. 57, 1994 on Second Reading.
Councilmember Apt asked about qualifications for the rebate and if the City
placed a line item for this project in the budget.
Frank Bruno, Director of Economic Affairs, stated it is difficult to budget money
for this type of project. He stated the advantage to doing the rebate program
is that the use tax is being used from the company overtime to provide for the
incentives; therefore, it is not necessary to budget for the project. He stated
a rebate would serve basic industries such as companies that export products or
services and import dollars into the city. He stated there is established
criteria from the previous program that would be applied to various firms
regarding corporate policies involving wages, hiring, and environmental policies.
Councilmember Apt asked if there is any estimate of how much the City would spend
per year.
Bruno stated a figure could not be estimated because the City does not know what
companies would request the rebate and its funding would be dependent upon the
size of the project.
Councilmember Smith asked if the standing incentives policy would continue if '
Ordinance was not adopted.
Bruno stated the existing Code provisions would be still in effect. He stated
under Amendment 1 the City can not identify undesignated reserves that could be
used to pay the fees under the previous fee waiver program; therefore, that
program would not be in existence.
Mayor Azari asked if a company needs to pay above minimum wage to qualify.
Bruno stated the company needs to pay approximately $12 per hour. He stated that
would be total compensation which includes benefits.
Councilmember Janett asked if the current criteria has been adopted as a formal
City policy.
City Attorney Roy stated the definitions regarding base industries and base
industry suppliers are defined in the Code. He stated there are some
administrative criteria that have not been formally adopted by the Council. He
stated there are some specific criteria that are spelled out in Section 5-328 of
the Code in terms of what the impacts would be to the City. He suggested that
the language be changed in the Ordinance so that Section 5-325 remains the same,
Section 5-326 would be omitted and the phrase "the City Manager may in his/her
discretion discuss and negotiate with base industries and base industry
suppliers, as defined in Section 24-111" in Section 5-327.
334
May 17, 1994
1
Councilmember Janett asked how this policy coincides with the overall City policy
that growth should pay its own way.
Bruno stated the incentive program should be the exception and in some limited
cases there are companies that would offer outstanding wages and corporate
policies that would benefit the overall community.
Councilmember Apt asked what incentives were given to Anheuser Busch.
City Manager Burkett stated the actual agreement between Anheuser Busch and the
City was hundreds of pages in length and could be summarized and provided to
Council. He stated the substance of the agreement was that the City constructed
some improvements using revenue generated by Anheuser Busch.
Alan Krcmarik, Director of Finance, stated Anheuser. Busch is the largest single
property tax payer for the City of Fort Collins. He stated approximately
$600,000 is received from Anheuser Busch for property taxes. He stated some of
the property tax is funneled back into an account which helps pay debt service
on the streets built in that area.
Councilmember Apt asked when the debt from Anheuser Busch would be paid off.
' Krcmarik stated the sales tax would be paid off in the year 2009, for sewer it
is the year 2010, and for water it is the year 2009.
Bruce Hansford, board chairman from Fort Collins Inc., stated Fort Collins Inc.
supports the Ordinance since it appears to be a reasonable approach to providing
support to base industry in Fort Collins. He stated the proposal is very modest
compared to other cities around Colorado. He stated manufacturing segments of
the community provide the best living wages in Fort Collins. He pointed out the
Ordinance allows flexibility for the City to determine certain performance
criteria which need to be met prior to providing any rebate to the companies.
He stated this proposal can be used by existing employers in the area who are
looking to expand and maintain a framework around which future programs could
develop.
1
Paul Thompson, 705 Cherokee Drive, representative of the local Legislative
Affairs Committee at the Chamber of Commerce, stated the committee recommends
adoption of the fee rebate approach to financial incentive programs for the
attraction, relocation, and expansion to desirable companies that offer basic
jobs to the community. He stated these types of basic jobs provide the citizens
with a liveable wage. He stated the Chamber supports the City's option to
consider financial incentives for base industry depending on the firms's fit and
desirability within the community. He stated an incentive program allows the
City to help local company's expand, attract desirable companies, and discourage
less desirable company's.
335
May 17, 1994 '
Lou Stitzel, 521 East Laurel, stated the living wage should be approximately $20
hour to afford housing in the City of Fort Collins.
Mark Hansen, 216 South Sherwood, stated he opposed the Ordinance. He stated the
incentive program offers more growth to the city which is undesirable at this
time. He stated public monies should not be used for such incentive programs.
Kelly Ohlson, 2040 Bennington Circle, stated he opposed the Ordinance and that
Council should be considering a policy that requires developers and corporations
to pay their fair share of all fees, costs and taxes. He stated that an end
needs to be put to all citizen/taxpayer subsidies to corporations and developers.
He stated the proposed policy greatly extends the potential for public subsidies.
Bruce Lockhart, 2500 East Harmony Road, stated he opposed the Ordinance. He
stated the companies which receive the incentive program do not always pay the
employees what is considered a liveable wage. He believed most companies would
find it an unattractive rebate program because the City is trying to micro -manage
the company's business.
Tim Johnson, 2939 Brookwood Place, urged Council to reject the Ordinance. He
stated companies will come to Fort Collins regardless of whether the City
provides an incentive program. He stated the city does not appear to have
trouble growing. '
Gary Carnes, 2950 Querida Street, read a report written by Perservour Frasier on
October 15, 1869, regarding his perceptions of Fort Collins and the surrounding
area. He stated businesses who want to locate to the city should invest heavily
in the community's human resources.
Al Baccili, 520 Galaxy Court, stated he opposed the Ordinance. He believed the
City should not subsidize businesses.
Mayor Azari stated the community should welcome business and encourage people to
start businesses. She stated without new products, services, and entrepreneurs
there would be no work for the many people who depend on those types of jobs to
live in Fort Collins. She stated the Ordinance helps businesses that will
provide the base industry jobs that will help keep this community economically
viable.
Councilmember Kneeland stated she supported the Ordinance and believed the
Ordinance strengthens the economic base in the City of Fort Collins. She stated
the Ordinance helps promote the jobs that are compatible with this community.
She stated the City needs to take the proactive role which promotes jobs that pay
a liveable wage. She stated Fort Collins is an attractive place to live and part
of what makes this community attractive is the number of primary jobs.
336
May 17, 1994
Councilmember Smith stated he would not support the Ordinance. He stated the
taxpayers should not pick up the fees for these companies. He stated that Fort
Collins will always have an economic incentive program it will just be a little
harder to access.
Councilmember Janett stated she would not support the Ordinance. She stated
providing incentives should not be viewed as pro -business but viewed as anti -
taxpayer. She stated the city has a pretty low unemployment rate. She believed
the City's responsibility is to provide quality facilities and services that make
for a positive lifestyle in the community. She stated the tax monies should be
used towards hiring of new police officers, expanding the library and other types
of areas of service that the City needs to improve on for the safety and quality
services for the citizens.
Councilmember McCluskey stated he would support the Ordinance. He stated the
companies who apply for the rebates have to comply with the City's criteria. He
stated this Ordinance is moving in a positive direction to improve the current
policy and allows the City to complete some of its goals.
Councilmember Apt stated he would not support the Ordinance. He stated the
rebate would not be a budgeted item; therefore, it would be difficult to control
the costs. He believed the educational system needs more incentives than the
' business industry. He stated taxpayers should not subsidize industry.
The vote on Councilmember McCluskey's to adopt Ordinance No. 57, 1994 on Second
Reading was as follows: Yeas: Councilmembers Azari, Kneeland, and McCluskey.
Nays: Councilmembers Apt, Janett, and Smith.
THE MOTION FAILED TO PASS.
Ordinance No. 66, 1994
Amending Sections 23-227 and 24-114 and Chapter 26,
Article IX of the Code for the Purpose of
Authorizing a Delay in the Collection of Certain
City Development Impact Fees for Affordable Housing, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On July 20, 1993, the City Council adopted Resolution 93-111, identifying
affordable housing policy implementation strategies. City staff was directed to
develop, for Council consideration, potential affordable housing policy
implementation mechanisms. One such mechanism, Section 4 of Resolution 93-111
states, "establishment of procedures for affordable housing projects which would
delay the collection of fees from the time of issuance of building permits to the
' time of issuance of certificate of occupancy." The Affordable Housing Board
337
May 17, 1994 '
recommended an Ordinance that would defer the fees for up to one year. The
Finance Department has reviewed the one-year deferral proposal and found several
financial impacts that would weaken the City's financial condition. The proposed
Ordinance limits deferral to the year of the building permit.
This Ordinance, which was unanimously adopted on First Reading on May 3, will
allow for the deferral of the impact fees from the time of the issuance of a
building permit to the issuance of a certificate of occupancy (whether temporary
or permanent) or December 1st of the year the permit is issued. This
modification of the Affordable Housing Board recommendation protects the City
from the more significant negative financial impacts of the one-year deferral."
Mike Ludwig, City Planner, stated the definition of an affordable project was
incorrectly stated in the First Reading of this Ordinance. He stated the correct
definition should read "30 percent or less of gross income". He stated staff
believes the certificate of occupancy would secure payment of the fees; however,
the Ordinance does not provide any security that the fee will be paid by December
1.
Councilmember
Janett stated the Affordable Housing Board unanimously
proposed
that the letter of credit be eliminated. She stated that the certificate of
occupancy assures
payment of the fees; however, it does not assure when
the fees
will be paid.
Councilmember
Kneeland made a motion, seconded by Councilmember Smith,
to adopt
I
Ordinance No.
66, 1994 as it was adopted on First Reading.
Councilmember McCluskey asked what the letter of credit would cost for the
affordable housing development.
Alan Krcmarik, Director of Finance, stated the estimated impact fees total to
approximately $4,200 for one unit, $42,000 for ten units, and $420,000 for 100
units. He stated local banks would charge an administrative fee up front to set
up a letter of credit which would be approximately $200. He stated the bank's
percentage fees would vary depending on the type of project and what is perceived
as the credit worthiness of the project which would be approximately 1 percent
on the amount of the fees.
Mary Cosgrove, 2130 Eastwood Drive, Chairperson of the Affordable Housing Board,
stated the Board, in February, unanimously approved a recommendation to Council
that deferred collection of fees by anyone proceeding with development. She
stated the board does not favor Option B because it narrowly defines who could
benefit from the Ordinance. She urged Council to adopt the Ordinance as it was
adopted on First Reading.
Betty Maloney,_1309 City Park Avenue, stated the reference to letters of credit
should be eliminated from the Ordinance. She stated funding from federal, state,
or local governments is restrictive. '
338
I
May 17, 1994
Lou Stitzel, 521 East Laurel, stated she opposed any references to letters of
credit. She stated 52 percent of jobs in Larimer County average a wage of $6.25
hour. She stated the non-profit developers need assistance in developing
affordable housing for the people of this community.
City Manager Burkett stated the letters of credit are for public protection. He
stated the Ordinance relates to anyone who builds a project and assures the
people of this community that the City will be paid back for the loan. He stated
it is public money that is being loaned for these projects and the letters of
credit provide assurance that it will be paid back.
Councilmember Janett asked if the developer needs to have some sort of collateral
in order to receive a letter of credit.
Krcmarik stated that several banks suggested that if the applicant already had
a loan with them that it would be much easier to receive a letter of credit and
not require any collateral or payment up front. He stated it would vary from
bank to bank and from project to project.
Councilmember Kneeland stated she would support the Ordinance on Second Reading
because once the revenue is deferred from one year to the next it is a permanent
loss to the City and the taxpayer.
I
Councilmember Smith stated he would support the Ordinance and believed this issue
was not a major element in making affordable housing easier in the City of Fort
Collins.
Councilmember Janett stated this Ordinance is a tool to protect the City's
economic base and the taxpayers of this community. She stated she would support
the Ordinance because there is a net benefit for everyone involved with the
project.
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 66, 1994 on
First Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
F
339
May 17, 1994 ,
Resolution 94-84
Authorizing the City Manager to Purchase 1.89 Acres from
Poudre R-1 for the Eastside Neighborhood Park
Adjacent to the Laurel Elementary School and
Giving Staff Direction for Further Expenditure of
Funds for the Eastside Neighborhood Park, Option 1A Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Acquisition of this 1.89 acre parcel will cost $91,000. An additional $44,166
is requested to reimburse Poudre R-1 for site work, including demolition, debris
removal, environmental audit and upgrading. This total cost of $135,166
represents the actual expenditures of Poudre R-I on this site for both
acquisition and site work.
Funding for this acquisition is available in the Choices 95 Capital Projects
Fund. The Choices 95 project budget for the Eastside Neighborhood Park totals
$680,000 to be used for land acquisition, development, design, and construction.
Acquisition and development of this 1.89 acre site is estimated to cost $331,000
leaving $349,000 for futures expenditure as directed by Council.
EXECUTIVE SUMMARY
'
At the December 21,
1993 meeting, Council voted 5-2 to defeat a motion
to
purchase this site.
In its discussion, Council directed staff to pursue
the
acquisition of additional
land. Two adjacent sites had been identified and
the
property owners were
again contacted. Purchase of either property cannot
be
accomplished now or in the foreseeable future.
On April 11, 1994, a second neighborhood meeting was held to discuss this park
site. The majority of those in attendance asked that the City purchase and
develop the 1.89 acre site and continue to pursue acquisition of additional land.
The City/Poudre R-1 Liaison Committee has reviewed this issue in both January and
May 1994. The Committee's discussion on this item at its May 11 meeting will be
reviewed for Council at the May 17 Council meeting.
340
May 17, 1994
BACKGROUND:
Poudre R-1 and City staff worked together to acquire additional land on this site
to expand the usable space for a joint school/park site. Two sites were
identified for purchase. The first site was acquired by the School District in
a trade with Poudre Valley Hospital. This Resolution would authorize the City
to purchase the second site. In total, these two sites add four additional acres
to the Laurel site. With the new, larger school building now in place, an eight
acre school/park site would be created by the acquisition of this additional 1.89
acres. The total site including the building is 10.6 acres.
This site was identified in the Parks and Recreation Master Plan, the Eastside
Neighborhood Plan, and in the Choices 95 staff report for acquisition as
parkland. It is the only site adjacent to Laurel Elementary School currently
available for purchase.
Existing on the joint school/park grounds are a ballfield, playgrounds,
basketball courts, and parking. The neighborhood would like to consider adding
a tot playground, picnic shelter, and nature area with amphitheater. Staff will
coordinate with the school to integrate all of the activities into one usable
site, including additional improvements to the school grounds as determined
during the design phase. Access to the site will also be coordinated with the
' school and there will be pedestrian and bicycle access across the site to the
shopping center. In addition, Poudre R-1 has negotiated with Poudre Valley
Hospital to share use of its adjacent parking and detention area which could be
incorporated into the natural area and amphitheater for outdoor classroom. Funds
from the Colorado Division of Wildlife are being requested to help with the
nature area. The joint use of the park continues the cooperative effort between
Poudre R-1 and the City and it is also more cost effective for the community.
The table below shows the estimated expenditures for the acquisition and
development of the 1.89 acres.
Land Acquisition $ 91,000
Design 20,000
Site Clean Up 44,166
Park Development 175,834
Total $331,000
Choices 95 designated $680,000 for this project. This will leave a balance of
$349,000 for future use.
The Parks and
Recreation staff presented this purchase
to the Parks and
Recreation Board
on May 26, 1993. The Board was supportive of
this site for the
Eastside Neighborhood Park and recommended staff continue
negotiations with
Poudre R-1. The
Parks and Recreation Board again reviewed this
project in April
1994.
341
May 17, 1994 '
The School Board approved the sale of this land to the City on September 13,
1993. If Council approves this transaction, staff will proceed with closing on
this parcel.
The purchase of this 1.89 acre parcel was presented to Council on October 19,
1993. Several questions relating to traffic, parking and size of the park led
to the postponement of this item until December 21. At the December 21, 1993
meeting, Council voted 5-2 to defeat a motion to purchase this site citing its
small size as the major reason. Staff is presenting Council with two options
tonight for further expansion of the park site.
Resolution 94-84 Option 1
This Resolution would grant Council approval to purchase the 1.89 acres for
development, and direct staff to continue negotiations in the hopes of acquiring
additional acreage to be developed as parkland in the Eastside Neighborhood, but
not necessarily adjacent to the Laurel School site. In order to acquire this
additional acreage, $349,000 will be reserved from the Choices 95 fund for future
acquisition and development. Depending on the cost of acquisition and
development, additional funding may be needed.
Resolution 94-84 Option 2
This Resolution would grant Council approval to purchase the 1.89 acres for '
development and direct staff to negotiate in good faith with adjacent landowners
to acquire additional acreage to expand the park site. However, if these
negotiations, are not successful, condemnation would be pursued within six months.
$349,000 will be reserved for this purpose. Depending on the cost for
acquisition, development, and the costs associated with condemnation, additional
Funding may be needed.
Staff recommends adoption of Resolution 94-84 (Option 1). ,
Two neighborhood meetings have been held on the project. At the second
neighborhood meeting on April 11, the majority of those in attendance were in
agreement that the City should acquire and develop the 1.89 acre site and
continue to pursue acquisition of additional adjacent land and encouraged staff
to pursue Council approval. An advisory committee was formed to work on a master
plan and final design for the park."
Mike Powers, Director of Cultural, Library, and Recreational Services, stated the
proposed property is a combined park/school site with approximately 10.7 acres.
He stated the Resolution would purchase two acres for the park site. He stated
at the April 11th neighborhood meeting, citizens urged the City to purchase the
2 acres and continue negotiations with the RV site and the US West site. He
stated the neighbors encouraged the City to work jointly with the neighborhood
in the design of the site. He stated Option 1 of the Resolution states that the
City will purchase and develop the park site. He stated Option 1 also directs ,
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staff to continue the negotiations on the other two parcels. He stated Option
2 of the Resolution is similar to Option 1; however, it states that the
negotiations on the other two parcels will only continue for six months. He
stated if the negotiations fail, the City will proceed with condemnation
procedures. He stated staff recommends the Option 1.
Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt
Resolution 94-84, Option 1A.
Councilmember Janett stated that in Section 2 of Option lA the phrase "in the
immediate vicinity of Laurel School" was added in order to continue negotiations
to acquire additional land in the immediate vicinity. She stated this Resolution
also provides for a review of all the City projects that are currently being
undertaken.
Jeff Bridges, 725 Mathews, urged Council to adopt Option IA of the Resolution.
He gave a brief slide presentation showing the various parcels of land and
ongoing City projects surrounding the proposed park site.
Powers responded to Council questions clarifying the timeframes on various future
City projects for the surrounding park site. He stated there is a current map
that merges all of the City's master plans for the surrounding area of the
Proposed project.
' Mayor Azari asked if the integrated development plan would outline the next steps
regarding this project.
Powers stated the committee from the neighborhood and staff would provide a
guidance plan for future concepts of the proposed project.
Councilmember Janett stated the 3 month deadline for presenting an integrated
development plan clarifies the overall dollar amount for the existing plans in
the neighborhood. She stated the deadline allows more time for the neighborhood
to get involved with the design aspect of the project.
Councilmember Apt stated he appreciated the efforts put forth between Poudre R-1
and the City to provide a park for the eastside neighborhood.
Mayor Azari asked if Poudre R-1 would be included in the design discussions with
the City and the neighborhood.
Powers stated Poudre R-1 will be a part of the discussions on the design of the
park site.
Greg Hurst, 1100 Newsom Street, stated these improvements take time and the
neighborhood is excited about participating in the design discussions for the
park.
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May 17, 1994
Judy Shriner, 800 Locust Street, stated that the City and the committee need to
address the design issue of the park. The traffic and parking issues along
Locust Street should also be addressed.
Jeff Bridges, 725 Mathews, stated some of the neighbors believe that all 10.7
acres is for the park site; however, 3.5 acres of that site is allocated to the
school and parking lot. He stated the acquisitions for the other parcels need
to be started immediately in order to complete the plan for the whole park.
Councilmember Janett suggested that staff review the possibility of a land trade
between US West and a parcel owned by the City. She stated that would help
acquire that site to incorporate it into the park.
Councilmember McCluskey stated he supported the Resolution and believed the 3
month timeframe will help the City, the neighborhood, and Poudre R-1 review all
the alternatives available for that park site. He stated a possible land trade
seemed reasonable with US West and urged staff to research that possibility.
Councilmember Kneeland stated she would support the Resolution. She stated this
park site demonstrates good negotiations between the City and Poudre R-1.
Mayor Azari stated the discussions between staff, Poudre R-1, and the
neighborhood have been positive. She stated that neighborhood participation is '
a key element in making this site work for a park.
The vote on Councilmember Janett's motion to adopt Resolution 94-84 Option lA was
as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and
Smith. Nays: None.
THE MOTION CARRIED.
Resolution 94-86
Authorizing the Purchase of 440 Acres of
Land for Natural Area Purposes, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
This item authorizes the City to purchase 440 acres of land located in the
foothills west of Taft Hill Road for natural areas. The acquisition cost is
$924,000. Upon Council approval of this item the City will consummate the
purchase using the proceeds for the 114 cent sales and use tax dedicated to
natural areas. Long term maintenance of $15,480 annually would also be funded
from the proceeds of the tax. Larimer County has agreed to participate
financially in this project by contributing $100,000. Staff will work out the
details of a cooperative agreement with the County and will bring back to Council '
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an ordinance to appropriate the County's contribution. The following is a
summary of revenues and expenditures to date associated with the 114 cent natural
areas funds:
Revenue to Date (1993 through 5110194) $3,442,213
Expenditures to Date (1993 through 5110194) (1,677,458)
Cash Balance Available $1,764,755
Unexpended Appropriation Available $3,483,382
EXECUTIVE SUMMARY
Resolution 94-86 authorizes the purchase of 440 acres of land for public natural
area purposes. The land contains a small cabin and a large shop building that
are expected to be used in the future in conjunction with public education and
interpretive programs at the site. The acquisition furthers the adopted goals
and objectives of the Natural Areas Policy Plan, the Parks and Recreation Master
Plan, and the Larimer County Comprehensive Parks Master Plan. It also
contributes to Council's policy goals of protecting the foothills and of
maintaining open space between Loveland and Fort Collins.
BACKGROUND:
Purchase Agreement. Staff anticipates entering into a purchase and sale
' agreement with Antone and Julie Swanda of Loveland for the purchase of 440 acres
of land and property improvements which include a cabin, shop building, well and
power supply. The total purchase price of $924,000 includes $836,000 for the
land ($1,900 per acre) and $88,000 for improvements. The agreement is contingent
on City Council approval. If approved by Council, closing would occur by June
15, 1994.
Location. The property is located in the foothills southwest of Fort Collins
west of Taft Hi17 Road, and south of Trilby Road (see map). The land is outside
of the Fort Collins Urban Growth Area, within the planning area for the
Loveland/Fort Collins Corridor Planning Project.
Larimer County Cooperation. Larimer County has agreed to cooperate in the
purchase of this property. The County will contribute $100,000 now and will pay
an additional $362,000 if a County sales tax for open space is approved. The
details of the cooperative agreement with Larimer County have not yet been
determined. Once the agreement has been developed, it will be brought to Council
for consideration.
Current Land Use. Except for the small cabin and shop building on the site, the
land is vacant. It is zoned FA-1 in Larimer County, which allows I unit per 2.3
acres. Surrounding lands are being developed at a density of 1 unit per 35
acres. There are several primitive roads on the property at present.
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May 17, 1994 '
Natural Area Values. This is a large tract of land beginning at the interface
between the plains and the foothills and extending west to the top of the Dakota
Hogback. The site has outstanding scenic qualities and forms the backdrop to the
southernmost portion of the Fort Collins Urban Growth Area.
The site contains a variety of habitats, including native grassland, native
shrubland, ponderosa pine forest, various drainages and small ponds. The site
offers outstanding wildlife habitat for a variety of animals, including deer,
coyote, rabbits, Abert's squirrel, red-tailed hawk, golden eagle, and others.
Human Value. The site offers a variety of recreational and educational benefits
to the community. Acquisition would prevent further development of the site and
maintain the scenic quality of the foothills for more than one mile at the
southern edge of the Urban Growth Area. It would add an additional location for
residents to enjoy passive recreation opportunities close to town, including
hiking, wildlife viewing, photography, nature study, and others. Although
specific uses have not been determined for the existing structures, there is good
potential to use them for environmental education or training purposes.
Resource Management Planning. As directed by natural area policies, a Resource
Management Plan will be prepared to guide future use and management of the area.
The plan will address resource protection needs, habitat improvement needs and
opportunities, public access needs and facilities, opportunities for '
environmental education and interpretation, and other issues. The plan will be
developed by an interdisciplinary staff team from the City of Fort Collins and
Larimer County, in collaboration with the Natural Resources Advisory Board, the
Parks and Recreation Board, and interested citizens.
Inspection. Several inspections will be completed prior to closing on the
property, including a physical inspection, boundary survey verification, and
environmental liability audit. The purchase and sale agreement is contingent on
obtaining satisfactory results from these inspections.
Policy Basis. Acquisition of the site is consistent with the goals and
objectives of the Natural Areas Policy Plan and the Parks and Recreation Master
Plan, as well as with Council policy direction to protect the foothills and
maintain open lands in the corridor between Loveland and Fort Collins. The site
is identified as an open space area in the Larimer County Comprehensive Parks
Master Plan.
The site was not identified as a priority acquisition site in the site
prioritization conducted in conjunction with the Natural Areas Policy Plan.
Additional inventory work has since been completed in the corridor study area,
in the downtown core area, as well as along the Poudre River northwest of the
City. Staff has initiated the annual review of acquisition priorities and will
submit a report to Council in June.
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May 17, 1994
Board and Commission Review. The Parks and Recreation Board and Natural
Resources Advisory Board met in joint session on May 4, 1994 to tour the site and
review the acquisition proposal. Both boards voted unanimously to recommend to
Council that the City acquire the site, under the terms outlined, in partnership
with Larimer County (minutes attached)."
Tom Shoemaker, Director of Natural Resources, stated the Resolution proposes a
purchase of 440 acres for natural areas in southwest Fort Collins. He gave a
brief slide presentation of the proposed property and stated the property is
located one mile outside the Urban Growth Area in the Fort Collins/Loveland
corridor. He stated the purchase price is proposed at $1,900 per acre for a
total of $836,000 plus $88,000 for improvements on the site. He stated the total
purchase price for the property is $924,000. He stated Larimer County will work
jointly on the purchase of this property and has committed $100,000 towards the
acquisition. He stated the County is interested in becoming 50 percent partners
with the City on the purchase of this property, if additional funding is
received.
Councilmember Smith asked if discussions were held with the City of Loveland
regarding the purchase of this site.
City Manager Burkett stated the City Manager of Loveland stated Loveland is
interested in considering working jointly with the City and the County on the
purchase of this property.
Councilmember McCluskey asked about the types of land uses surrounding the
proposed property.
Shoemaker stated the potential of housing developments is limited. He stated
there is a potential of 1 unit per 35 acre parcel. He stated in that type of
housing density the wildlife still exists. He stated some issues will relate to
the public use of the area as it relates to the adjacent private property owners.
He stated the property should be adequately posted to inform the public of the
private property boundaries.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt
Resolution 94-86.
Councilmember Janett asked if the property east of the proposed site has been
sub -divided into 35 acre parcels and if the 35 acre parcels could be sub -divided
smaller.
Shoemaker stated the property to the east has been subdivided into 35 acre
parcels. He stated the 35 acre parcels cannot be sub -divided any smaller.
Councilmember Smith asked if the property would eventually access Trilby Road.
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May 17, 1994 '
Shoemaker stated that there are two deeded easements with the property. He
stated there is one easement to the north to Trilby Road and one to the east
which extends out to Tafthill Road. He stated the two easements are the only
access points to the property.
K-Lynn Cameron, Park Planner with Larimer County, stated the County Commissioners
are in full support of the purchase of the property and are interested in
participating in the purchase of the property. She stated the Larimer County
Parks Master Plan designates the hog backs between Loveland and Fort Collins as
an open space preservation area. She stated the property is important for
wildlife habitat and is an important characteristic for southeast Larimer County,
Fort Collins, and Loveland. She stated the 440 acres is located in the center
of the open space preservation area between Loveland and Fort Collins. She
stated the owner of the property is interested in selling the property, but would
like the property to remain open and natural. She stated the County does not
have the adequate funding at this time to commit any more than $100,000 towards
this project.
Tom Keith, 604 Garfield Street, urged Council to adopt the Resolution. He stated
the acquisition of this property is a great benefit to Larimer County, Fort
Collins and Loveland. He stated this proposed property represents the start of
a partnership between the City and the County to protect important open space
properties for the benefit of all the citizen of Larimer County. '
Councilmember Apt stated he would support Resolution. He stated the County
should maximize the benefit of its Foothills Protection Policies.
Councilmember Kneeland stated she would support the Resolution. She believed
this project fits with the City's Natural Areas Policy Plan. She stated this
project provides many benefits to the community.
Councilmember McCluskey stated he would support the Resolution and believed this
project is a link between the City and the County working together to better this
community.
Councilmember Janett stated this project is a great opportunity for the City to
purchase open space for the community. She stated she would support the
Resolution. She believed the project site would benefit not only the Fort
Collins community but all of the surrounding communities.
The vote on Councilmember Kneeland's motion to adopt Resolution 94-86 was as
follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and
Smith. Nays: None.
THE MOTION CARRIED.
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May 17, 1994
ordinance No. 72, 1994
Appropriating $50,000 of Undesignated Prior Year Reserves
in the General Fund for Implementing a
Community Decision -Making Process, Adopted as Amended
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The Community Decision -Making Process will begin in 1994 and be completed in
1995. Staff estimates the 1994 cost will be $100,000. Half of the 1994 cost
($50,000) is requested for appropriation from General Fund reserves. The
remaining 1994 funds will be found within existing 1994 appropriations. This
appropriation request will decrease the General Fund reserve for contingencies
by $50,000. The current estimated 1994 balance of this reserve is $1.5 million
While 1995 costs are unknown at this time, they are expected to be less than the
1994 cost of $100,000. The funding plan for 1995 is the same as 1994. Half of
the funds will come from existing appropriations and the other half of the needed
funds will be requested from General Fund reserves early in 1995.
EXECUTIVE SUMMARY
The majority of costs for this process will likely be incurred in 1994. Staff
has estimated that the costs for 1994 will total approximately $100,000 and
recommends City Council appropriate one half of that amount, or $50,000 for this
project. The City Manager will obtain the additional funding needed for this
process from existing 1994 appropriations.
BACKGROUND:
As Fort Collins grows and changes, the demands placed on the City of Fort Collins
government are also evolving. The way things have been done may not be the way
this community envisions them continuing. In order to continue meeting the
community's needs for a livable Fort Collins, staff must be responsive to and
responsible for change. The City must be prepared to create the future the
community desires. To deal with an increasingly complex future, the
Organizational Task Force recommends undertaking an extensive public outreach
process that builds upon many existing outreach efforts, and many existing master
plans, neighborhood plans, and visioning processes."
City Manager Burkett stated this Ordinance provides a means for the community
to become involved with the City to plan the future of Fort Collins. He stated
one goal of the proposal is to facilitate and lead a dialogue between the City
and the community about the future needs of Fort Collins. He this proposal
focuses on the goals and the next step will be the design of the process itself.
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May 17, 1994 '
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to
adopt Ordinance No. 72, 1994 on First Reading.
Councilmember Janett stated that this proposal does not provide specific goals
for the outcome to the community and the City. She believed a regional plan for
the city should be developed between the citizens and the City.
City Manager Burkett stated the proposal cannot provide a specific outcome until
the community and the City have had a chance to determine what the various future
needs of the city.
Councilmember Smith stated it would be more useful to have a more detailed
process of how the money is going to be spent and what is expected from each step
through the process.
Councilmember Kneeland stated the committee decided that the design of the
process is a part of the initial process. She stated the data on the design of
the process will7 be collected from each councilmember so that the design of the
process will come from Council as a whole and not just from the committee.
Councilmember Smith made a motion, seconded by Councilmember Apt, to change the
appropriation of $50,000 to $10,000 for the design of a community decision -making
process. I
Councilmember McCluskey asked if the amendment to the Ordinance would slow or
limit the process.
City Manager Burkett stated the amendment should not provide a great impact on
what the task force wanted to accomplish with this process. He stated the design
phase could be started with that amount of money suggested.
Councilmember Apt stated he would support the lower expenditure and if any
further funds are necessary that could be addressed at that time.
Councilmember Kneeland believed the project should not be broken down into
separate segments but should be considered as a whole. She stated she would
support the amendment but that the initial phase of the project should be
considered with the rest of the project phases.
Councilmember McCluskey stated he would support the amendment to the Ordinance.
He believed this process is an attempt to get the community involved.
The vote on Councilmember Smith's motion to amend Ordinance No. 72, 1994 on First
Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
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May 17, 1994
Bruce Lockhart, 2500 East Harmony Road, stated he was opposed to the Ordinance.
He stated the proposed process would not be beneficial to the community. He
believed foreseeing the future planning needs of the city is unrealistic.
Jeff Bridges, 725 Matthews, stated the estimated $100,000 figure is too high for
the proposed project. He stated Council should provide more direction to staff
on what is expected from this process.
Mayor Azari stated that this process should be review through the task force to
determine the steps needed to start and complete this project. She stated the
growth management issue is a priority of Council and the community; however, this
project is more than just growth management.
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 72, 1994 as
amended on First Reading was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Ordinance No. 75, 1994
Amending Chapter 7 of the Code of the
City of Fort Collins to Prohibit
False Campaign Statements. Adopted as Amended
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Adoption of this ordinance will not have a financial impact on the City other
than the expenses in staff time that may occur through the enforcement of the
ordinance.
EXECUTIVE SUMMARY
The Council Governance Committee has investigated the need for the City to adopt
an ordinance prohibiting false campaign statements. The Governance Committee has
concluded that it would be in the best interests of the City to adopt such an
ordinance and recommends the adoption of Ordinance No. 75, 1994.
City elections are governed by the State Constitution, the City Charter and City
ordinances. City elections are also governed by the laws of the State of
Colorado relating to municipal elections on matters not covered by the State
Constitution, the City Charter or City ordinance. The state law applicable to
Fort Collins elections is the Municipal Election Code. The Municipal Election
Code does not prohibit false campaign statements. The adoption of this ordinance
will create a prohibition against false campaign statements, and the ordinance
may be prosecuted in and penalties for its violation may be imposed by the Fort
' Collins Municipal Court.
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May 17, 1994
This ordinance, if adopted, prohibits any person from knowingly making,
publishing or circulating any writing containing a false statement that is
designed to effect a vote on any issue or relating to any candidate at any
election held in the City. The prohibition would include candidates for local
office, as well as candidates for federal, state or regional office. Similarly,
the ordinance would apply to local and non -local issues and measures to be voted
on at any election held in the City.
Penalties for a violation of the ordinance would be the same as those imposed for
most other violations of City ordinances. These penalties are found at Section
1-15 of the Code. This Section allows the Municipal Court Judge to impose a fine
of up to $1,000 and jail time of up to 180 days, or both a fine and jail time.
The Governance Committee believes that the adoption of this ordinance will help
the City preserve the integrity of the election process by prohibiting false
campaign statements. In turn, this will help the voters to make informed
decisions at elections held in the City."
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Ordinance No. 75, 1994, and amend the Ordinance to limit the prohibition of false
campaign statements to municipal elections.
City Attorney Roy suggested that the last WHEREAS clause of the Ordinance should '
read as follows: "WHEREAS, for the foregoing reasons the Council wishes to adopt
an Ordinance prohibiting false statements relating to candidates or questions
submitted to the electors at any City election" and Section 7-136 should read as
follows: "No person shall knowingly may publish, circulate or cause to be made
published or circulated in any letter, circular, advertisement, poster, or in any
other writing any false statement designed to effect the vote on any issue
submitted to the electors at any City election or relating to any candidate for
election to a City office".
Councilmember Janett asked how the Ordinance would be enforced.
City Attorney Roy stated the enforcement of the Ordinance would occur on a
complaint basis.
Bruce Lockhart, 2500 East Harmony Road, stated he was opposed to the Ordinance.
He stated this should not be an issue at the local level of government. He asked
who would decide what is a false and/or misleading statement. He stated this
Ordinance would create a potential for harassment. He believed the voters should
be the ones to judge what is or isn't a false and/or misleading campaign
statement.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Apt, Azari, Kneeland, McCluskey, and Smith. Nays: Janett.
THE MOTION CARRIED.
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May 17, 1994
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Ad.iournment
The meeting adjourned at 11:10 p.m.
Mayor
ATTE T:
City Clerk
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