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HomeMy WebLinkAboutMINUTES-01/17/1989-Regular1 January 17, 1989 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 17, 1989, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Councilmembers Absent Staff Members Present A. ncoln Jr. Hig Estrada and Stoner Burkett, Krajicek, Roy Citizen Participation was Nrincipai, Jim Creeden, 4020 Goodell Lane #4, commented on the City values poster and on the conduct of the City Manager and the Deputy City Manager. Gwen Bell, 400 Greenvale Drive, expressed concern regarding development projects in her neighborhood (PACE and Carpet Exchange Warehouse). She spoke of the proposed Fossil Creek Parkway plan and commented on the re -alignment of the creek and the proposed signalization on Highway 287. She requested a review of the Master Street Plan. Agenda Review: City Manager City Manager Burkett stated there were no changes to the agenda as published. Councilmember Maxey requested Item #17, Resolution 89-14 Authorizing the City Manager to Enter Into a Lease Agreement With a Purchase Option to Acquire the Indoor Shooting Range, Formerly Known as the Marksman Range, be withdrawn from the Consent Agenda. Bruce Lockhart, 2500 East Harmony Road, asked that Item #11, Resolution 89-9 Finding Substantial Compliance and Initiating Annexation Proceedings for Highway 14 East First Annexation, be removed from the Consent Calendar. -71- January 17, 1989 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 be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #19, Pulled Consent Items. AN 7. The City Code requires Council approval of any case over $20,000 not requiring bidding. Staff recommends awarding a multi -year agreement with Planning Research Corporation (PRC) for hardware and software maintenance. PRC is the vendor selected in 1984 using a competitive process to provide the computer aided dispatch (CAD) system for the Police Department. This Ordinance, which was unanimously adopted on First Reading on January 3, authorizes the Purchasing Agent to negotiate the purchase and five-year award for hardware and software maintenance from Planning Research Corporation (PRC). This ordinance, which was unanimously adopted January 3, provides for an increase in the Raw 20% and monthly service fees of approximately 3%. needed to obtain water supplies for the long sufficient to meet the City's water demands prolonged drought that typically occurs only on years. on First Reading on Water Requirements of These increases are term that would be during the type of :e during every fifty On January 3, Council unanimously adopted Resolution 89-1 Authorizing Application to Northern Colorado Water Conservancy District for Cancellation of Temporary Use Permits. Also on January 3, Council unanimously adopted this Ordinance on First Reading. The Resolution and Ordinance are needed to apply for the transfer of 1,735 acre-foot units of Colorado -Big Thompson (CBT) Project water held by the City under Temporary Use Permits to a permanent Class B Contract. The dIN January 17, 1989 1 FJ a Northern Colorado Water Conservancy District (NCWCD) requires that Temporary Use Permits be converted to a permanent Class B Contract every few years. Article VII, Section 1 of the Charter presently provides that the Municipal Court has exclusive original jurisdiction of all causes arising under the Charter and the Ordinances of the City. In order to clarify that the Council can, by ordinance, create civil remedies in other courts of competent jurisdiction, a proposed "housekeeping" amendment to that provision of the Charter is recommended. The amendment would delete the word "exclusive." This Ordinance, which was unanimously adopted on First Reading on January 3, submits the proposed amendment to the voters. C/B/W Inc. is a Lawrence, Kansas manufacturing firm that would like to relocate in Fort Collins. It has selected a site and has worked with FCI, City staff, and the State Office of Economic Development to develop a financing package that is reasonable and helpful. The City Council has discussed the negative perception of the street oversizing fee and the potential impact on new business development and expansions and has approved, through the passage of the revised Street Oversizing Ordinance, a procedure for exempting targeted industries from payment of all or any portion of the fee, provided that an equivalent sum is available for transfer into the Street Oversizing Fund in lieu of the exempted portion of the fee. Staff has been directed to. prepare a full program proposal for further Council discussion of additional options for subsidizing targeted industry relocations or local industry expansions. Based on the benefit to the community from a new base industry, it is reasonable that Council consider exempting C/B/W Inc. from payment of one-half, not to exceed $18,000 of the street oversizing fee and that a like amount be transferred into the fund from prior year reserves. C/B/W Inc. qualifies as a new base industry which will benefit the economic growth of Fort Collins. Passage of this Ordinance, which was unanimously adopted as amended on First Reading•on January 3, would be consistent with Council's previously adopted' goals and policies related to economic development and opportunities. 10. Items Relating to Orchard Annexation and Zoning. IA. Hearing to Make Findings and Determinations Concerning the Orchard Annexation. -73- January 17, 1989 12. Resolution 89-8 Setting Forth Findings of Fact and Determinations ' Regarding the Orchard Annexation. C. Second Reading of Ordinance No. 166, 1988, Annexing Approximately 6.08 Acres Known as Orchard Annexation. D. Second Reading of Ordinance No. 167, 1988, Zoning Approximately 6.08 Acres Known as Orchard Annexation, into the R-L-P Low Density Planned Residential District. APPLICANT: Gary Nordick OWNER: Clarendon Hills Association 309 West Harmony Road 309 West Harmony Road Fort Collins, CO 80526 Fort Collins, CO 80526 This Resolution sets forth findings and determinations that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 166, 1988 and Ordinance No. 167, 1988, which were adopted 5-0 on First Reading on December 6, annex and zone approximately 6.08 acres located south of Harmony and east of Shields Street adjacent to the existing Clarendon Hills development. The requested zoning is R-L-P Low Density Planned Residential District. llv�cculllm, 'MMIMOY IV y ' TheStateDepartmentof Highways is theapplicant andowner of the , property sought to be annexed and has submitted a written petition requesting annexation of approximately 2.8 acres located north of Highway 14, northeast of the Wastewater Treatment Plant and south of the Poudre River. 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. The State Department of Highways' is the applicant and owner of the property sought to be annexed and has submitted a written petition requesting annexation of approximately 3.4 acres of Highway 14 right-of-way located southeast of the Wastewater Treatment Plant and southwest of the Poudre River. 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 -74- January 17, 1989 13. 14 15. 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. The State Department of Highways is the applicant and owner of the property sought to be annexed and has submitted a written petition requesting annexation of approximately 110.6 acres of I-25 right-of-way located between County Road 48 and County Road 52. 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. Items Relating to Library Services. A. Resolution 89-12 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. Hearing and First Reading of Ordinance No. 11, 1989, Appropriating Unanticipated Revenue of $11,096 for the Library Outreach Program. This Resolution authorizes the Mayor to enter into an agreement for the City to continue to provide Larimer County residents with general library services and library outreach services to serve the handicapped, elderly and other isolated persons. In exchange for providing these services during 1989, the County will pay to the City $110,964. The Ordinance appropriates the Outreach funds. General Service funds were projected and appropriated with the 1989 budget. This Resolution was initially presented for Council action on December 6, 1988. Following citizen input, staff was directed to meet with citizens and provide any additional, appropriate recommendations. This meeting was conducted on December 22, 1988, and included community members, staff personnel from the Humane Society and a representative from Police Services. It was the consensus of those involved that the contract for service during 1989 should be adopted. In addition, there was a strong feeling that the community would benefit from additional funds being -75- January 17, 1989 16. f1PIM identified for increased educational efforts by the Society. A second concern, licensing of cats, was also suggested for future Council consideration. Finally, there was the suggestion that long-term animal problems could be positively impacted through the utilization of City -sponsored spay/neuter/vaccination clinics. Changes to the current federal regulations regarding non-taxable bonds will jeopardize the ability of using this valuable financial tool for infrastructure improvements in the City of Fort Collins because of the requisite increase in the cost of borrowing. The police need a range which will permit the training and qualification of officers with the use of firearms under all types of conditions. An indoor shooting range is currently empty and available which meets Police Services' needs. The owners are willing to lease or sell the facility. City staff has been negotiating with the property owner. The owner is now willing to negotiate a five (5) year I lease with an option to buy. The original purchase price of $450,000 has been negotiated down to $342,000, for the first year of the lease period. Police Services has a critical and immediate need for the facility. Staff recommends that a five (5) year lease with an option to purchase be negotiated with the property owner, with Police Services receiving access to the facility in January 1989. During the period of the lease, staff would continue to evaluate the most effective method to purchase and manage the facility. 18. Resolution 89-7 Making Appointments to the Convention and Visitors' Bureau Board of Directors. Vacancies currently exist on the Convention and Visitors' Bureau Board of Directors due to the expiration of two terms representing the community at -large and the area of visual arts. Advertisements were placed and Councilmembers Kirkpatrick and Maxey conducted interviews on December 27. In keeping with Council's policy, the recommended appointments were announced on January 3, and the Resolution was postponed to January 17 to allow time for public input. -76- January 17, 1989 The prospective appointees are: Sarah Bennett (at -large) December 31, 1991 Rosalyn Spencer (visual arts) December 31, 1991 19. Routine Deeds and Easements. a. Powerline easement from 327006 Alberta Ltd, a Corporation of Alberta, Canada, located at the west 30 feet along Lemay at Clubhouse Drive, needed to install the underground electric duct bank. Consideration: $10. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. IItem #7. Item #8. Item #9. Item #10. C. a Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #14. B. -77- January 17, 1989 Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-9 Finding Substantial Compliance and Initiating Annexation Proceedings for Highway 14 East First Annexation, Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY The State Department of Highways is the applicant and owner of the property sought to be annexed and has submitted a written petition requesting annexation of approximately 2.8 acres located north of Highway 14, northeast of the Wastewater Treatment Plant and south of the Poudre River. 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. BACKGROUND The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Wastewater Treatment Plant No. 1 Annexation to the southwest. Planning and Zoninq Board Recommendation: The Planning and Zoning Board will hear the request for annexation and zoning at its regular monthly meeting on January 23, 1989, and will make its recommendation at that time." Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-9. Bruce Lockhart, 2500 East Harmony Road, expressed concern regarding the negative impact and costs associated with annexing State owned property. um January 17, 1989 tCity Manager Burkett noted that the costs associated with the proposed property would be minimal and that there would be no revenue received from the annexing of the property. Barbara Allison, 1212 Lynnwood Drive, spoke against the annexation of the proposed property. The vote on Councilmember Maxey's motion to adopt Resolution 89-9 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-14 Authorizing the City Manager to Enter Into a Lease Agreement With a Purchase Option to Acquire the Indoor Shooting Range, Formerly Known as the Marksman Range, Adopted Following is staff's memorandum on this item: "FINANCIAL IMPACT ' The lease payment for 1989 (11 months) is $38,697, to be funded through Personal Services Savings. Future year payments would be a budgeted expense. Staff expects some revenue to be generated by leasing range time to other law enforcement agencies. EXECUTIVE SUMMARY The police need a range which will permit the training and qualification of officers with the use of firearms under all types of conditions. An indoor shooting range is currently empty and available which meets Police Services' needs. The owners are willing to lease or sell the facility. City staff has been negotiating with the property owner. The owner is now willing to negotiate a five (5) year lease with an option to buy. The original purchase price of $450,00O has been negotiated down'to $342,000, for the first year of the lease period. Police Services has a critical and immediate need for the facility. Staff recommends that a five (5) year lease with an option to purchase be negotiated with the property owner, with Police Services receiving access to the facility in January 1989. During the period of the lease, staff would continue to evaluate the most effective method to purchase and manage the facility." Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, to adopt Resolution 89-14. -79- January 17, 1989 Deputy City Manager Noe defined the terms of the lease and of the ' lease/purchase options that are available to the City. Bruce Lockhart, 2500 East Harmony Road, commented on the previous operation of the facility and objected to the lease/purchase option. Councilmember Maxey commented on the possibility of the range being utilized by the public and other law enforcement agencies in the area. Councilmember Kirkpatrick noted her support of the Resolution and commented on the influence the CHOICES 95 Committee had on the acquisition of the shooting range facility. Councilmember Mabry commented on the need for the range and suggested the private sector could be involved in the use of the range. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 89-14 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports ' City Manager Burkett expressed appreciation to the Fort Collins Police Department for its assistance with the investigation of the recent Loveland shooting incident. Councilmember Reports Councilmember Maxey indicated the advertising process for the hiring of a new Municipal Judge would begin soon and reported on the tri-city meeting with the City Councils of Loveland and Greeley. Ordinance No. 2, 1989, Authorizing the Transfer of Appropriations, Appropriating Prior Year Reserves and Appropriating Unanticipated Revenue Following is staff's memorandum on this'item: "EXECUTIVE SUMMARY Currently Block 31 expenditures of jointly -owned County/City monies occur , from the 1) project cost center for property acquisition; 2) project cost center for parking lot construction; and 3) General Fund Restricted account for daily operation and maintenance. Rents and interest are deposited in IF:h1 January 17, 1989 ' the Capital Projects Fund. This appropriation Ordinance, which was adopted 5-2 on First Reading on January 3, consolidates the monies into one project cost center to fund operation and maintenance costs and building repair in order to make accounting and reporting for financial transactions simpler." Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 2, 1989 on Second Reading. Yeas: Councilmembers Kirkpatrick, Mabry, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Ordinance No. 8, 1989, Imposing a 1/4 Cent Sales and Use Tax for Street Maintenance. Adopted on Second Reading Following is staff's memorandum on this item: "EXECUTIVE SUMMARY This Ordinance, which was adopted as amended by a vote of 4-3 on First Reading on January 3, provides for a new 114 cent City Sales and Use Tax to be expended for street maintenance. This 114 cent tax would begin on July 1, 1989, immediately after the expiration of a current 114 cent Sales and Use Tax being used for General City Capital (necessary) Projects and would expire December 31, 1997. Therefore, the net effect would be no increase in the current 5.75% State and City sales tax. In order to maintain the current level of service on the City's 310 mile street network, $2 million per year of additional funds are needed according to an extensive street inventory analysis. The age of our residential streets coupled with increased traffic loading on arterials and collectors has become a significant concern to the Council and the citizens. A 114 cent City Sales and Use Tax on all taxable items except food is being proposed to supply the funds needed to properly maintain our streets. Recent citizens surveys, Choices 95 Projects committees, and City Council have identified street maintenance as one of their highest priorities. Providing funds now will save many streets from reconstruction which costs up to five times more than routine overlay maintenance." Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 8, 1989 on Second Reading. J. Douglas Wree, 312 East Myrtle, spoke against the proposed sales tax. Bob Tueting, 916 Cheyenne Drive, read two letters opposing the proposed sales tax increase. ' Bruce Lockhart, 2500 East Harmony Road, commented on the ability of future City Councils to alter the stated use of the 1/4 cent tax and encouraged Council to place the item on the ballot. January 17, 1989 Helen Logioco, 1424 Front Nine Drive, expressed concerns regarding the construction on Lemay Avenue. Barbara Allison, 1212 Lynnwood Drive, commented on TUF monies and urged Council to place the 1/4 cent street maintenance tax on the ballot. Councilmember Horak noted his support for additional money to fund street maintenance program. He stated he believed the citizens should have the opportunity to vote on the tax proposal. Councilmember Kirkpatrick noted her support for referring the Ordinance to the voters. Councilmember Winokur urged the continued funding of street maintenance and stated he was not convinced that an additional two million dollars was immediately necessary for funding. He noted he would not be supporting the motion but that he would support referring it to the voters. The vote on Councilmember Mabry's motion to adopt Ordinance No. 8, 1989 on Second Reading was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, and Maxey. Nays: Councilmember Winokur. Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-18 referring Ordinance No. 8, 1989, to the voters at the Municipal Election on March 7, 1989. Councilmember Horak noted his support for submitting the Ordinance to the registered voters in March. The vote on Councilmember Horak's motion to adopt Resolution 89-18 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Harmony Road Access Control Plan Following is staff's memorandum on this item: "EXECUTIVE SUMMARY A. Hearing to Make Findings and Determinations Concerning the Harmony Road Access Control Plan. B. Resolution 89-15 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State -of Colorado Department of Highways for the Purpose of Utilizing the 'Harmony %Road Access Control EM January 17, 1989 Plan as the Appropriate Direction for Access Along State Highway 68, Harmony Road, between Boardwalk Drive and 1-25. The Development Services staff has worked in a cooperative effort with the State of Colorado Department of Highways, Larimer County and property owners to develop an access control plan that meets the requirements of the State Access Code as well as addresses safe and efficient access control to surrounding properties in that area of Harmony Road from Boardwalk Drive on the west to 1-25 on the east. This is a long-range transportation planning effort which proposes to set direction to ensure that Harmony Road in this area will be capable of meeting its transportation needs into the future. Planning and Zoning Board Recommendation The Planning and Zoning Board, at its regular monthly meeting of January 5, 1989, voted 6-0 to recommend approval of this plan to the City Council. BACKGROUND The Council has received copies of the Access Control Plan and background materials on this issue. The Harmony Road Access Control Plan is needed at this time to provide corridor -wide transportation planning in this area instead of the site -by -site analysis. The State and the City have agreed to use the Access Control Plan process to better facilitate land development and highway needs. This Plan, if approved, will provide the guidance for all future development from a transportation access standpoint. Council is being asked to adopt a resolution authorizing the Mayor to enter into an intergovernmental agreement with the State of Colorado Division of Highways so that this Plan will become the official planning document to determine future directions for access along Harmony Road." Councilmember Mabry withdrew from vote and discussion on this item due to a perceived conflict of interest. Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-15. Traffic Engineer Rick Ensdorff gave a brief presentation and responded to questions from Council. He noted the long-range transportation plans focus on the access control plan, traffic signal locations, and future collector intersections with Harmony Road. Phil Demothenes, Program Administrator for the Colorado Department of Highways, commented on the State's involvement with the Harmony Road Access Control Plan and noted the State's support and recommendation of the Plan. Councilmember Winokur thanked the City staff and the Colorado Department of Highways for the hard work and research regarding the Access Control Plan. ME January 17, 1989 The vote on Councilmember Maxey's motion to adopt Resolution 89-15 was as ' follows: Yeas: Councilmembers Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry withdrawn) THE MOTION CARRIED. Resolution 89-16 Making Appointments to the Natural Resources Advisory Board, Postponed Until February 7 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Vacancies currently exist on the Natural Resources Advisory Board due to the resignations of Sheryl Barr and Patrick Reed. Councilmembers Kirkpatrick and Mabry reviewed the active applications on file and will announce their recommendations for appointment at this meeting. In keeping with Council's policy, adoption of the Resolution should be postponed until February 7 to allow time for public input." Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry to adopt Resolution 89-16 with the insertion of the following names: ' Susan Whitmer July 1, 1989 Dave DuBois July 1, 1991 Ward Luthi (alt.) July 1, 1989 Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to postpone consideration of Resolution 89-17 until February 7 to allow time for public input. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 89-17 Making Appointments to the Commission on Disability, Postponed Until February 7 Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Vacancies currently exist on the Commission on Disability due to the resignation of Helen Barr, the inability of Marilyn Maxwell to attend meetings, and the relocation of Noreen Kenny. Advertisements were placed, , and Councilmembers Maxey and Kirkpatrick will conducted interviews on January 17. The recommended appointments will be announced at this meeting. ME January 17, 1989 1 In keeping with Council's policy, adoption of the Resolution should be postponed until February 7 to allow time for public input." Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 89-17 with the insertion of the following names: Gary Nation July 1, 1990 Greg Funk July 1, 1991 Lori Gehricke July 1, 1992 Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to postpone consideration of Resolution 89-17 until February 7 to allow time for public input. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Adiournment Councilmember Horak made a motion, seconded by Councilmember Mabry, to adjourn the meeting. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. ' The meeting adjourned at 7:55 p.m. Mayor TTEST: City Clerk M