HomeMy WebLinkAboutMINUTES-05/16/1989-RegularMay 16, 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, May 16, 1989, at 6:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Rol call was answered by the following
Councilmembers: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
(Secretary's note: Councilmember Azari arrived at approximately 7:45 p.m.)
Staff Members Present: Burkett, Krajicek, Roy
Citizen Participation
A. Proclamation naming June 17-21 as Scott Ellis Week was accepted by
Scott Ellis, 733 Country Club Road.
B. Proclamation naming May 10 as Fort Collins Jaycees Day was forwarded to
the appropriate persons.
C. Proclamation naming May 15-19 as National Nursing Home Week was
forwarded to the appropriate persons.
D. Proclamation naming May 21-27 as Public Works Week was accepted by Jon
Ruiz of the City Manager's Office.
E. Proclamation naming June as Colorado Recycling Month was accepted by
Brian Woodruff, Natural Resources/Streets and Stormwater Utilities
Director.
F. Proclamation naming August 18 19 and 20 as New West Fest was accepted
by Jan Carroll, New West Fest Committee.
G. Presentation by Commission on the Status of Women to Winners of the
Writing Contest was presented by Jackie Strickland, representing the
Committee on the Status of Women. Ms. Strickland awarded the 3rd place
prize of $20 to Kerry Tresner, which was accepted by Elaine Bibbey.
The 2nd place price of $30 was accepted by Teri Novacek and the 1st
place prize of $50 was accepted by Kelly Troop.
H. Presentation by Historical Society on the brochure "Fort Collins Its
History Makes It Special" was accepted by Joan Day, President of Fort
Collins Historical Society, who presented brochures regarding upcoming
historical activities.
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May 16, 1989
LeAnn Thieman, member Live POW Committee, asked Council to reconsider its
earlier decision to cease flying the POW/MIA flag over City Hall to fly
'
and
the flag until the prisoners come home or definite proof exists that they
are no longer alive.
Sandy Lemberg, Poudre Canyon resident, related an incident regarding a
car/horse accident on North Highway 287 and the subsequent shooting of the
injured horse. Mr. Lemberg asked that changes be made at the Humane
Society.
Yolonda C. Nicely, 1625 Crestmore Place, supported the flying of the
POW/MIA flag.
Larry Estrada, 3170 Worthington, spoke of the rationale for originally
raising the POW/MIA flag over two years ago and urged Councilmembers to use
their judgement in deciding whether to fly the flag and urged
reconsideration of the earlier decision.
Angela Thieman, Rocky Mountain High School Student Council, supported
flying the POW/MIA flag as a symbol of commitment to the issue.
Judy Wiley, 913 Parkview Drive, described the mission statement of the Live
POW Committee and encouraged Council to once again fly the POW/MIA flag
over City Hall.
Jim Creeden, P.O. Box 1022, supported flying the POW/MIA flag over City
Hall and asked for reconsideration of the matter.
'
Wayne Baltz, urged formulation of a policy related to the use of pesticides
in Fort Collins and asked for a pre and post -notification policy process
regarding all pesticide applications on City property.
Agenda Review: City Manager
City Manager Burkett stated that there was a revised ordinance for Item
#30, Ordinance No. 91, 1989 Amending Chapter 24 of the Code of Fort Collins
Relating to the Industrial Development Incentive Program.
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 #21, Pulled Consent Items. I
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May 16, 1989
Consider approval of the minutes of the regular meeting of May 2.
This Ordinance, which was unanimously adopted on First Reading on May
2, amends the creation and assessment ordinances of the Heart Special
Improvement District No. 84 to include approximately 12 acres into the
district. The subject property is a portion of the Pavilion shopping
center on South College Avenue at Troutman Parkway. Currently, only a
portion of the shopping center is in the special improvement district.
This boundary change will include the entire shopping center in the
district and will allocate the assessments to all parcels in the PUD.
Items Related to the Fort Collins Substation Annexation and Zoning.
A. Second Reading of Ordinance No. 77, 1989, Annexing Approximately
5.47 Acres, Known as the Fort Collins Substation Annexation.
B. Second Reading of Ordinance No. 78, 1989, Zoning Approximately
5.47 Acres, Known as the Fort Collins Substation Annexation, Into
the R-F, Foothills Residential, Zoning District.
On May 2, Council unanimously adopted Resolution 89-96 Setting Forth
' Findings of Fact and Determinations and unanimously adopted on First
Reading Ordinance No. 77, 1989 and Ordinance No. 78, 1989. The
ordinances annex and zone approximately 5.47 acres located west of
Overland Trail and south of West Mulberry Street (extended). The
requested zoning is the R-F, Foothills Residential District. The
property is presently developed as an electric utility substation for
the City of Fort Collins Light & Power Department. The property is
currently zoned FA-1, Farming in the County. This is a voluntary
annexation.
APPLICANT: City of Fort Collins OWNER: Same
8. Items Related to the Harmony Annexation No. 6 Annexation and Zoning.
A. Second Reading of Ordinance No. 79, 1989, Annexing Approximately
80.79 Acres, Known as the Harmony Annexation No. 6.
Second Reading of Ordinance No. 80, 1989, Zoning Approximately
80.79 Acres, Known as the Harmony Annexation No. 6, Into 6.33
acres of I-L, Limited Industrial District with a PUD condition;
and 74.47 acres of T-Transition District.
On May 2, Council
Findings of Fact
' Reading Ordinance
Ordinances annex
Harmony Road and
unanimously adopted Resolution 89-97 Setting Forth
and Determinations and unanimously adopted on First
No. 79, 1989 and Ordinance No. 80, 1989. These
and zone approximately 80.79 acres located south of
west of Timberline Road. The requested zonings are:
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May 16, 1989
(1) 6.33 acres (D. L. & G. property) of I-L, Limited Industrial
District with a PUD condition; and (2) 74.47 acres (Franz property) of
T-Transition District. This is the annexation of an enclave area.
About 6.33 acres (D. L. & G. ownership) of the property is presently
developed as a warehouse. The remaining 74.47 acres (Franz ownership)
are undeveloped. Existing commercial signs located on the property
will have to conform to the City's Sign Code at the conclusion of a
five year amortization period.
APPLICANT: City of Fort Collins
OWNERS: D. L. & G. Partnership
1409 Longs Peak
Fort Collins, CO 80521
Pauline L. Franz
% Colo Nat'l Bank of Denver
P.O. Box 5168
Denver, CO 80217
Items related to the Harmony Half Acres Annexation
A. Second Reading of Ordinance No. 81, 1989, Annexing Approximately
30.69 Acres, Known as the Harmony Half Acres Annexation.
Hearing and First Reading of Ordinance No. 87, 1989, Zoning
Harmony Half Acres Annexation.
On May 2, Council unanimously adopted Resolution 89-98 Setting Forth
Findings of Fact and Determinations and unanimously adopted on First
Reading Ordinance No. 81, 1989 annexing Harmony Half Acres. The first
reading of the ordinance zoning this annexation was delayed to this
date to obtain a legal for the area to be placed into the C Zoning
District.
This is a request to annex and zone approximately 30.69 acres located
north of Harmony Road and west of Timberline Road. The requested
zonings are: (1) 30.35 acres of R-E, Estate Residential District; and
(2) .34 acres of C, Commercial District with a PUD condition. This is
the annexation of an enclave area. The property is presently
developed residential with about 30 dwelling units and two small
businesses. Existing commercial signs located on the property will
have to conform to the City's Sign Code at the conclusion of a five
year amortization period.
APPLICANT: City of Fort Collins OWNERS: See list.
Items Relating to Milne Annexation and Zoning
A. Second Reading of Ordinance No. 82, 1989, Annexing Approximately
46 Acres Known as Milne Annexation.
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May 16, 1989
' B. Second Reading of Ordinance No. 83, 1989, Zoning Approximately 46
Acres Known as Milne Annexation, into the R-C, River Corridor
District.
On May 2, Council unanimously adopted Resolution 89-99 Setting Forth
Findings of Fact and Determinations and unanimously adopted on First
Reading Ordinance No. 82, 1989 and Ordinance No. 83, 1989. These
Ordinances annex and zone approximately 46 acres, located north of
Prospect, 1/2 mile east of Timberline Road. The requested zoning is
the R-C, River Corridor District.
APPLICANT: City of Fort Collins OWNER: Same
11.
This Ordinance, which was unanimously adopted on First Reading on May
2, increases the cash rate charged developers for satisfaction of raw
water requirements from $800 to $900 per acre foot. The cash rate is
adjusted periodically to reflect the current price of raw water.
12. Second Reading of Ordinance No 85 1989 Authorizing Lease/Purchase
of Copy Machine
' A 1090 Xerox machine, currently under a rental agreement, has been
utilized for the past 3 1/2 years in the copying center of City Hall
West 2nd Floor. Due to the volume of copies reproduced on this
machine and excessive wear, it must be replaced. This Ordinance,
which was unanimously adopted on First Reading on May 2, authorizes
the lease/purchase of a new machine.
13.
At the March 7 election, voters approved a 1/4 cent sales & use tax
dedicated to street maintenance. The tax will become effective July
1, 1989 and will provide $833,449 in unanticipated revenue during
1989. This ordinance, which was unanimously adopted on First Reading
on May 2, appropriates the unanticipated revenue and transfers the
funds to the Capital Projects and Transportation Funds to be used for
the 1989 Street Overlay and Sealcoat Project and for routine street
maintenance during 1989. Appropriating and expending these funds in
1989 will allow for 5 miles of additional streets to be maintained
immediately.
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14.
15.
District.
This is a request to make changes to th
the defined purpose of the district
requirements of the district in order
creating non -conforming lot sizes whe
larger lot county subdivisions.
May 16, 1989
e
n
R-E Zone, including changing
and changing bulk and area
to eliminate the problem of
the City annexes existing
The Ordinance amends the Code to the City of Fort Collins allow staff
review of sign proposals for historic buildings. The Landmark
Preservation Commission (LPC) has reviewed this matter, and supports
the approval of the amendment.
16. Items Relating to the Purchase of Water.
17.
A. Resolution 89-102 Authorizing the Purchase of 185 acre feet of
Water.
Resolution 89-103 Approving a Temporary Use Permit with the
Northern Colorado Water Conservancy District for 50 units of CBT
water.
Resolution 88-205 directed staff to take the steps necessary to
purchase 7,400 acre feet of water. The proposed purchase of 185 acre
feet is in addition to the 7,150 acre feet authorized on May 2, 1989.
Resolution A would approve agreements negotiated by utility staff to
purchase 185 acre feet of water. Resolution B would approve a
Temporary Use Permit with the Northern Colorado Water Conservancy
District for the transfer of CBT water.
Council approval is required for sole source purchases exceeding
$20,000. Staff is requesting by this procedure, a purchase from
Hamilton Associates of seven hundred (700) Kerney-Horstman single
phase fault indicators for 1/0 cable.
Fault indicators are installed in every underground vault on the
City's distribution cable; approximately one per block in residential
areas and every quarter mile in non-residential areas. The fault
indicators are tripped in sequence to signal when a problem occurs on
the line and provide repair personnel with a visible means of
determining which section of cable requires repairs. Kerney-Horstman
fault indicators provide the design, quality and dimensions required
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May 16, 1989
' by the Light and Power Utility. The Design Engineer has researched
other manual resetting fault indicators from other manufacturers but
none have conformed to the size and weight requirements. Automatic
fault indicators have also been considered, however, those indicators
are larger, heavier and more expensive. The Colorado manufacturer
representative for Kerney-Horstman is Hamilton Associates.
10
Council approval is required for sole source purchases exceeding
$20,000. Staff is requesting by this procedure, a purchase from Lewis
and Associates of four (4) submersible oil insulated vacuum switches.
This switch was custom designed for Fort Collins Light and Power
Utility by Trayer Engineering and is not available from any other
manufacturer. Lewis and Associates is the exclusive sales agent for
Trayer Engineering in Colorado.
The oil insulated vacuum switch is. used by Light and Power to switch
loads on the high voltage distribution system from one source to
another when required due to overload conditions or problems in the
line. These switches have been used by the Utility for the past
several years and have been found to be reliable. These switches are
placed in underground vaults where space is limited and where
' submersion in water may occur. This switch was designed to meet these
requirements. The switch must also be interchangeable with existing
switches in use throughout the distribution system. The Utility is
continuing to research alternate switches (ie., gas vacuum), but at
this time alternative switches have not been proven reliable and are
not viable for use.
19. Resolution 89-
Council has adopted recommendations to complete a Recreational Trail
System to loop around the city. This acquisition would secure
right-of-way necessary to eventually connect the Poudre and Foothills
trail segments.
The 1974 Open Space Plan, an element of the City's Comprehensive Plan,
recommends the development of a loop trail system around the city.
Three segments of the trail have been completed but are not fully
connected. The adopted 1988 Parks and Recreation Master Plan
recommends completion and connection of the loop trail system.
Acquiring the
Hodgson property will provide the
City with a necessary
section of right-of-way to eventually connect
the Poudre Trail with
the Foothills
Trail. The trail segment is west
of Sterling Sand and
'
Gravel ponds,
request.
immediately west of the Rails
to Trails conversion
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May 16, 1989
Money has previously been appropriated by Council in the General City
Capital Fund for Acquisitions and Development of Open Space and Trails
west of Taft Hill Road. This purchase will utilize $8,000 of the
$388,000 available in that account.
20. Routine Deeds and Easements.
a. Powerline Easement from Kelly C
to underground existing
Consideration: $10
Atkins, 335 East Magnolia, needed
overhead electric services.
b. Deed from Super Group, Inc, a Colorado corporation, for drainage
tracts in Sunstone Village for Fox Meadows Basin Master Drainage
Plan. Consideration: $28,539.06 (based on $13,777/acre)
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item
#6.
SE
li
Item
#7.
He
A.
B.
Item
#8.
A.
B.
Item
#9.
A.
Item
#10.
A.
B.
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May 16, 1989
IItem #11.
Foot.
Item #12.
Item #13.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #9. B.
Item #14.
Item #15.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Burkett introduced Mr. Richard Nanson, Parks and Recreation
Director, from Wellington, New Zealand, who is visiting Fort Collins.
Councilmember Reports
Councilmember Maxey asked Municipal Judge Kathy Allin to speak regarding
the resignations of Associate Judge, .Don Weinland and Parking Referee
Richard Acott. Judge Allin noted that advertising for both replacements
would begin soon.
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May 16, 1989
Motion to accept Right -of -Nay Dedication
from Oak Ridge Business Park Association Inc
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Right-of-way dedication from Oak Ridge Business Park Association, Inc. in
Oak Ridge Drive east of Wheaton Drive. The right-of-way is required for a
left turn lane installed in a median island. Consideration: None."
Councilmember Mabry withdrew from discussion and vote on this item due to
perceived conflict of interest.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak,
to accept Right -of -Way Dedication. Yeas: Councilmembers Edwards, Horak,
Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry
withdrawn)
THE MOTION CARRIED.
Motion to accept Routine Deed
from State Board of Agriculture
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
a. Deed from State Board of Agriculture needed for the construction of a
detention pond on the C.S.U. Bull Farm property located at West
Elizabeth and Skyline Drive. Consideration: $37,240.
The adopted Canal Importation Basin Master Plan recommended the
construction of a detention pond on the C.S.U. Bull Farm property. The
selection of the Bull Farm as the site for the pond was based on
several factors. It lies directly on the historic main drainage path
for this area; it has the irrigation canals immediately adjacent as
potential discharge points; and it is far enough down stream that it
provides effective detention. A total of 3.363 acres for the pond has
been purchased from Fort Ram Village. The remaining area needed for
the regional pond consists of eight lots along Skyline Drive. Total
consideration is f37,240 which is based on $4,650 per buildable unit."
Councilmember Kirkpatrick withdrew from discussion and vote on this item
due to a perceived conflict of interest.
Councilmember Horak made a motion, seconded by!Council member Edwards, to
accept the Routine Deed from the State Board of Agriculture. Yeas:
1
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May 16, 1989
Councilmembers Edwards, Horak, Mabry, Maxey, and Winokur
(Councilmember Kirkpatrick withdrawn)
THE MOTION CARRIED.
Resolution 89-107 Making Findings
of Fact Regarding the Appeal of the
Planning and Zoning Board Denial of the
Woodlands 4th Filing PUD, Preliminary Plan,
and Upholding the Decision of the Board Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Nays: None.
On April 10, 1989, Rock Creek Ranch Partnership filed an appeal of the
March 27, 1989, final decision of the Planning and Zoning Board to deny the
Woodlands 4th Filing PUD, Preliminary Plan. On May 2, 1989, Council voted
5-1 to uphold the final decision of the Planning and Zoning Board. In
order to complete the record regarding this appeal, the Council should
adopt a Resolution making findings of fact and upholding the Planning and
Zoning Board decision.
BACKGROUND
Rock Creek Ranch Partnership filed the appeal based on allegations that:
(1) The decision of the Planning Commission was arbitrarily imposed without
the support of competent evidence in the record and without the proper
evaluation of the full data available;
(2) The City of Fort Collins recently adopted a Neighborhood Convenience
Center classification and guidelines to the LOGS. This project scored well
on the point chart (78 points). The LOGS seems to have been disregarded in
the making of this decision, and therefore it is our contention that the
Board failed to properly apply and interpret relevant provisions of the
Code and Charter;
(3) The Board failed to conduct a fair hearing in that:
a. The Board or Commission exceeded its authority or jurisdiction as
contained in the Code and Charter.
b. The Board or Commission substantially ignored its previously
established rules of procedure.
At the May 2, 1989 hearing on this matter, Council considered the testimony
of City staff, the appellant and the public. In subsequent discussion,
Council determined that the Planning and Zoning Board's decision was
supported by competent evidence of record, that the Board properly applied
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May 16, 1989
the relevant provisions of the Code and that the Board did conduct a fair I
hearing; and determined to uphold the decision of the Board."
Councilmember Edwards withdrew from discussion and vote on this item due to
a perceived conflict of interest.
Councilmember Horak made a motion, seconded by Councilmember Maxey, tc
adopt Resolution 89-107. Yeas: Councilmembers Horak, Kirkpatrick, Mabry,
Maxey, and Winokur. Nays: None. (Councilmember Edwards withdrawn)
THE MOTION CARRIED.
Ordinance No. 90, 1989, Rezoning
Approximately 151.1 Acres, Known as the
Stromberger Zoning, from the T-Transition
Zoning District to the I-P Industrial Park
Zoning District, with a Planned Unit
Development Condition. Adopted on First Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This is a request to rezone approximately 151.1 acres, located at the '
southeast corner of Harmony Road and Timberline Road into the 1-P
Industrial Park Zoning District, with a planned unit development condition.
The property is presently in the T-Transition Zoning District.
APPLICANT: Everitt Enterprises, Ltd. OWNER: Elmer and Betty Stromberger
P. 0. Box 2125 2209 East Harmony Road
Fort Collins, CO 80522 Fort Collins, CO 80525
BACKGROUND
Everitt Enterprises, Ltd. is requesting rezoning of approximately 151.1
acres, located at the southeast corner of Harmony Road and Timberline Road
from the T-Transition Zoning District into the I-P Industrial Park Zoning
District, with a planned unit development condition. The property is
presently in agricultural use and contains two residences.
This site was annexed into the City in 1986 as the South Harmony Annexation
and was zoned T-Transition. The T-Transition Zoning District was developed
to allow for properties to be annexed.into the City and meet state statutes
to be zoned within 90 days of annexation, without the property owner making
a commitment for ultimate development. The only uses allowed on property
zoned T-Transition are those uses which existed on the property at the time
the zone was placed on the property. Properties in the Transition Zone
must be zoned into one or more of the City's other zoning districts within
60 days of the rezoning request being heard by the Planning and Zoning I
Board.
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May 16, 1989
' The applicant has requested 1-P Industrial Park Zoning for this site, with
a planned unit development condition. The Industrial Park designation is
for light industrial park areas containing controlled industrial uses in
proximity to areas zoned for residential use and along arterial streets.
Given the property's location adjacent to Harmony Road and Timberline Road,
the eventual development of industrial land uses is probable. The PUD
condition would require development projects to be reviewed under the
criteria contained in the Land Development Guidance System.
According to the City's Land Use Policies Plan, industrial uses should
locate near transportation facilities that offer adequate access without
creating demands which exceed the capacity of the existing transportation
network and in areas where adequate utilities can be provided. This site
addresses these iocationai policies and the proposed zoning is consistent
with the existing zoning in the area.
At its regular monthly meeting on April 26, 1989, the Planning and Zoning
Board voted 4-0 to recommend approval of the requested rezoning as part of
its Consent Agenda."
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick,
' to adopt Ordinance No. 90, 1989, on First Reading.
City Planner Sherry Albertson -Clark gave a brief presentation and responded
to questions from Council.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 90, 1989,
on First Reading was as follows: Yeas: Councilmembers Edwards, Horak,
Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry
withdrawn)
THE MOTION CARRIED.
Resolution 89-108 Regarding the Tenth -Year
Review of the Performance of The World Company
(d/b/a Columbine CableVision) Under the Terms
of the 1978 Franchise Agreement Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The fifteen year Franchise Agreement between the City of Fort Collins and
The World Company (d/b/a Columbine CableVision) provides that on the fifth,
' tenth and fifteenth anniversaries of the granting of the Franchise, the
City Council will conduct a public hearing to examine the performance of
the franchisee and consider recommendations for changes in its facilities,
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May 16, 1989
equipment, and services. This Resolution accepts the findings of the Cable
TV Board with respect to Columbine CableVision's performance during its
first ten years of service in Fort Collins. After three public hearings
and months of information -gathering, the Board has found that Columbine
CableVision is in substantial compliance with the Franchise Agreement. In
some cases, the Company has exceeded the terms of the Agreement; in several
areas, improvements in service are necessary, and Columbine has agreed to
comply with all of the Board's recommendations regarding these
improvements.
BACKGROUND
The Cable TV Board's review of Columbine CableVision began in April of
1988, and through each phase of the review, Columbine provided full
cooperation. Three separate public hearings were held to gather citizen
input on Columbine and its services. In all, nearly fifty citizens
commented. A great majority of the comments revolved around the issue of
programming. Some members of the public were satisfied with Columbine's
programming line-up; others were not. It's important to note that the
Franchise Agreement provides for little control by the City over the nature
of Columbine's programming. Columbine provides those programming services
it committed to in its original proposal for a franchise, and that is all
the Franchise Agreement requires.
In the course of the review, two areas of inadequate service delivery were
brought to the Board's attention: a localized problem with reception on
Channel's 19, 20 & 21, and unacceptable variations in the audio levels
between certain channels. Columbine has stated that it will take the
necessary steps to remedy both of these problems.
The tenth -year report concludes that Columbine has provided Fort Collins
with a competitively priced, high quality cable television product. The
Board found that, with two exceptions, Columbine is in compliance with the
Franchise Agreement, and in several instances, has exceeded the terms of
the Agreement. The two areas in which Columbine is not in compliance with
the Agreement are as follows:
1) Columbine does not provide subscribers with information and
instructions regarding complaint procedures at the time of their
initial subscriptions;
2) The Company has not developed a line extension policy for those
areas of the City .with a dwelling unit density of less than 50
units per strand mile. -
Columbine has stated that it will come into compliance with these two
provisions of the Franchise Agreement by the fall of 1989.
Many of the recommendations included in the tenth-year'report are not based
on any existing agreements between the City and Columbine,.and therefore,
are not binding on the Company. However, in the interest of'providing the
best possible cable television service to the citizens of Fort Collins,
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May 16, 1989
Columbine and the Board worked cooperatively to broaden the limits of the
review, and Columbine has agreed to comply with all of the Board's
recommendations for improved service.
Two other issues of note emerged from the review. Both issues concern the
3% annual franchise fee paid by Columbine to the City. Under the terms of
the Franchise Agreement, Columbine is required to pay the City 3% of the
Company's gross subscriber revenues generated from customers residing both
inside and outside the City limits. However, Columbine must also pay the
County a fee for its subscribers residing outside the City limits. The
Board believes that Columbine should not have to pay a fee to two
governmental agencies for the same subscribers and that this provision of
the Franchise Agreement should be waived. The City Attorney's Office has
advised the Board that a Council ordinance is required to grant the waiver.
As an indication of the amount of revenue the City will lose if the
ordinance is adopted, Columbine's fee to the City for its County
subscribers was $3,421 in 1987, and $4,369 in 1988. Staff intends to
schedule such a waiver ordinance for Council consideration in the near
future.
The Franchise Agreement does not provide for a financial audit of Columbine
to determine the accuracy of its franchise fee payments to the City. At
the Board's suggestion however, and with Columbine's cooperation, Price
Waterhouse conducted an audit of Columbine for fiscal years 1987 and 1988.
Based upon the results of the audit, the City Attorney's Office has stated
' that Columbine has not been calculating the franchise fee properly, and
that the Company owes the City $14,082. for the period of November 1, 1982,
through October 31, 1988. After several months of discussion on this
matter, Columbine has agreed to modify the manner in which it calculates
the franchise fee, in accordance with the recommendation of the City
Attorney's Office. In addition, Columbine has stated that it will remit
the full amount of past due franchise fee owed to the City."
City Manager Burkett noted the Cable TV Board's involvement in the review
of the Cable TV Franchise and introduced Jeff Beauprez, Chair of the Cable
TV Board.
Jeff Beauprez, Chair of the Cable TV Board touched on the key points of the
report submitted by the Cable TV Board.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to
adopt Resolution 89-108.
Councilmember Edwards thanked the Cable TV Board, staff, and Columbine
CableVision for the hard work and quality performance over the past five
years.
Councilmember Mabry thanked the Cable TV Board and staff for its superb job
and diligent work efforts. He noted his appreciation for Columbine
CableVision's for its responsive attitude in working with the Cable TV
Board and commented on the success of the five year review.
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May 16, 1989
Councilmember Kirkpatrick thanked the Cable TV Board for its time
involvement and commitment regarding the review.
Councilmember Horak commented on the original five year review and the
positive effect and difference the Cable TV Board has had on this review.
Mayor Winokur noted his appreciation for the Cable TV Board and the
progress the Board had made over the past two years.
The vote on Councilmember Maxey's motion to adopt Resolution 89-108 was as
follows: Yeas: Councilmembers Edwards, Kirkpatrick, Horak, Mabry, Maxey,
and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 89-109 Authorizing an
Intergovernmental Agreement Between the
City and the State Highway Department
Establishing an Access Control Plan Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The South College Access Plan was reviewed by Council at the December 6,
1988 City Council meeting. The proposed plan was amended by the Council to
include consideration of citizen concerns in two areas of the plan: that
area just south of Horsetooth Road on the east side of College Avenue and
those properties just north of Harmony Road on the east of College Avenue.
Council approved the South College Access Plan with the amendments. Upon
review of the amendments to the Plan, the Colorado Department of Highways
(CDoH) determined that it was unable to enter into the access plan
agreement.
Since that time, City staff has been working with CDoH officials and the
affected property owners to facilitate a mutually acceptable solution to
the access concerns just north of Harmony Road. That effort has resulted
in the development of a solution acceptable to the City, CDoH, and affected
property owners which solution is set out in the attached Resolution.
The proposed solution is to delay median installation from Kensington Drive
to Harmony Road for two years. During that time, property owners may
develop alternative access. City staff believes that the two years of lead
time is sufficient for the development of alternative access.
The Highway Department and the City have agreed on a temporary solution to
the access needs of the properties south of Horsetooth on the east side of
College Avenue. That temporary solution ;is a left turnbay in the raised
median for southbound traffic. When Mitchell Drive is constructed, the
left turnbay will be removed.
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May 16, 1989
' Both phasing plans will allow interim access to these properties and
ultimate compliance with the proposed access control plan. With the
resolution of these issues, staff is presenting to the Council the South
College Access Control Plan. The Plan does not include the amendments
attached at the December 6 meeting. City staff believes the south College
Access Plan, without the implementation element, meets the transportation
planning requirements of the City and has the approval of CDoH.
BACKGROUND
Council has previously received copies of the Access Control Plan and study
and other background materials on this issue.
The South College Access Control Plan is needed at this time for two major
reasons:
■ 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
transportation access guidance for all future development.
■ In addition, the extension of the median on College Avenue from south of
Horsetooth Road to south of Harmony Road was initially planned to be
installed in the summer of 1989. City staff has worked with the
property owners to develop a phased project over the next several years
which would allow alternative access points to be developed. The South
College Access Plan will give design concepts to the Engineering
Department to complete this median project. Staff has tried to
incorporate property owners' desires and State and City needs to the
extent allowable in the State Access Code.
Council is being asked to adopt a resolution modifying the South College
Access Plan and authorizing the City Manager to enter into an
intergovernmental agreement with CDoH so that the South College Access Plan
will become the official planning document used to determine access needs
along College Avenue between Swallow Road and Trilby Road."
(Secretary's note: Councilmember Azari arrived at approximately 7:45 p.m.)
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 89-109.
Transportation Administrator Rick Ensdorff gave a brief presentation and
responded to questions from Council. He described the benefits of
realigning Fossil Creek Parkway and commented on the safety issues with
concerning the hazards of signal placement at the bottom of the two hills.
He spoke of the city's air quality issue versus the air quality at a
localized intersection combined with the overall traffic impact.
Rod VanVelson, President, Fossil Creek Meadows Homeowner's Association,
presented neighborhood concerns regarding the Access Plan.
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May 16, 1989
Gwen Bell, Chairman, Fossil Creek Meadows Homeowner's Association,
presented an information package and maps regarding the east -west traffic
flow through the neighborhood and urged Council not to approve the Access
Plan.
Lois Termeer, resident Fossil Creek Meadows, had questions regarding the
realignment of Fossil Creek Parkway.
Wayne Schrader, property owner at Harmony and College, spoke in favor of
the Access Plan.
Development Services Director Mike Davis reviewed the technicality of the
South College Access Plan and the replacement of the traffic access code
requirements. He outlined the function of Fossil Creek Parkway and the
signal alignment plan.
Councilmember Edwards noted his support for the South College Access Plan,
despite the revisions to the Plan and commented on the compromise between
property owners, the City, and the State. He commended staff for its
diligent work on the Plan and orchestrating the resolution of the issue.
Councilmember Horak noted he was not totally comfortable with the Plan as
it was presented.
Councilmember Kirkpatrick commented on the elementary school traffic in the
subdivision and she noted her support for the Plan.
The vote on Councilmember Mabry's motion to adopt Resolution 89-109 was as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey,
and Winokur. Nays: Councilmember Horak.
THE MOTION CARRIED.
Ordinance No. 91, 1989 Amending
Chapter 24 of the Code of Fort Collins
Relating to the Industrial Development
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
During the March 28, 1989 work session, staff recommended that $100,000 be
appropriated to fund the Industrial Development Incentive Program. Unless
Council appropriates the money for 1989, the appropriation will be
considered during the 1990 budget process. If Council wishes ,to fund the
Program for 1989, staff will bring an appropriation ordinance -'to Council
concurrently with the Second Reading of this Ordinance. Monies for funding
the Program in 1989 would be obtained from Undesignated Reserves. If the
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May 16, 1989
amount appropriated to administer the program is not enough to cover an
expected exemption, an additional appropriation from Council may be
requested. In the administration of the program, monies shall be
transferred from the General Fund or other appropriate fund into the Street
Oversizing Fund in the amount of any exempted portion of the fee.
The proposed Ordinance amends the Street Oversizing Fund Ordinance to
provide an exemption to eligible firms of all or part of the street
oversizing fee required of new or expanding developments. The goals of
this Industrial Development Incentive Program are to send a message that
the City supports a healthy business climate, to influence a firm's
decision to locate in Fort Collins, and to shape the quality of economic
growth. The program would provide an exemption of the street oversizing
fee up to a maximum of $50,000 for an eligible firm.
BACKGROUND
At the March 28, 1989, work session, Council discussed and gave direction
on the development of an industrial development incentives program that
would encourage new base industrial development and expansion in Fort
Collins. The proposed program would waive all or part of the street
oversizing fee required of new or expanding developments. Council was
asked to review three options for implementing the proposed program,
comment on the criteria for determining which firms would be eligible, and
consider options for funding. This proposed Ordinance supports Council's
' direction from the March 28 work session.
At that work session, Council supported a program that would send a message
that the City supports a healthy business climate, while at the same time
would be relatively easy to administer. The proposed Ordinance allows
firms to easily qualify for an exemption as an incentive to choose Fort
Collins and supports quality growth by evaluating the firm's ability to
provide employment opportunities that offer a start towards self-sufficient
living.
Council also discussed the importance of having the program equally
available to existing local businesses contemplating expansion in Fort
Collins. The proposed Ordinance addresses this concern by providing a
"credit" to expanding firms to recognize the value of local businesses to
the community. Additionally, the creation of new jobs is not required for
a firm to be eligible for a complete or partial exemption of the fee. By
not requiring the creation of a particular number of new jobs, the proposed
incentive program better supports a local firm's expansion efforts. For
example, a firm may be expanding to support an increase in employees that
has occurred over the past several years. The expansion itself may not
result in new jobs, but may be a result of past job creation.
Council recognized that the Industrial Development Incentives Program is
just one of several initiatives in the entire Economic Development package.
' A positive community attitude towards business, a local government that is
committed to fiscal soundness and providing quality services, and a sound
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May 16, 1989
infrastructure are and will continue to be the best incentives that the I
City provides for economic development and quality of life.
The objectives of the proposed Ordinance are to help create a positive
environment for business development while at the same time respect
community values.
To be eligible for a complete or partial exemption from the street
oversizing fee, a new or expanding firm must answer yes to the following
questions:
o Is the firm a Base Industry or Base Industry Supplier?
o Do employment opportunities offer a start towards "self-sufficient"
living?
The amount of exemption that an eligible new firm locating in Fort Collins
can qualify for will equal the projected present value of sales and
property taxes the City will receive during the six years following the
date of application for a building permit, plus the amount of the use and
construction tax received by the City at the time a building permit is
issued. The maximum exemption a firm can qualify for is the amount of the
street oversizing fee due or $50,000, whichever is less.
The amount of exemption that an expanding Fort Collins firm can qualify for
will be the same as that for a new firm, multiplied by a factor to give '
"credit" for the years a firm has been in Fort Collins. Studies suggest
that the overall economic development of a community is affected more by
the expansion of existing businesses than the relocation of new businesses
into the community. Accordingly, because of the additional benefits
accruing to the City from these expanding businesses, a multiplier has been
included in the Ordinance to better encourage the expansion of existing
firms. As with new firms, the maximum exemption for which a firm can
qualify is the amount of the street oversizing fee due or $50,000,
whichever is less.
The Industrial Development Incentive Program will be evaluated annually as
part of the entire Economic Development package. Based on this evaluation,
the amount appropriated to fund the program and the decision to continue
the program can be made."
Management Assistant Jon Ruiz explained the Ordinance provisions and the
incentive program.
Bruce Lockhart, 2500 East Harmony Road, opposed the Ordinance and stated he
believed the Ordinance subsidized real estate development rather than
economic and industrial development and objected to street oversizing funds
being used for the incentive program.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Mabry, '
to adopt Ordinance No. 91, 1989 on First Reading as amended.
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May 16, 1989
City Clerk Wanda Krajicek read the amendments into the record.
Councilmember Kirkpatrick noted her interest in the minimum number of
employees and requested the issue be reviewed.
City Manager Burkett clarified the issues and options regarding the minimum
number of employees and noted the most important issue to look at was "the
return on the investment".
Councilmember Maxey noted that recognition should be given to the employees
that would not be able to work every week of the year and thus qualify for
full-time and stated the issue is a portion of a continuing economic
development program.
Councilmember Horak made a motion to amend Ordinance No. 91, 1989 by
deleting the multiplier factor for "new firms".
THE MOTION DIED DUE TO LACK OF A SECOND.
Councilmember Mabry made a motion, seconded by Mayor Winokur, to amend
Ordinance No. 91, 1989 by changing the first two sentences after #5, to
read "Appropriation contingency" and by striking "have no obligation to."
and inserting "not".
Councilmember Kirkpatrick accepted Councilmember Mabry's suggestion as a
friendly amendment to her previous motion.
Councilmember Azari stated that the issue is just one piece of the economic
development program for Fort Collins and noted that it should not be viewed
as a replacement to a comprehensive approach to economic development.
Mayor Winokur stressed the need to see the overall picture regarding
economic development and growth in Fort Collins.
The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 91,
1989, as amended on First Reading was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry encouraged that consideration be given at the June 20
meeting to draft an ordinance appropriating funds to implement Ordinance
No. 91, 1989.
Councilmember Azari encouraged that the program development funds for the
current year be looked at as soon as possible.
Councilmember Horak expressed support for determining what monies are
available for use options for the extra funds.
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May 16, 1989
Councilmember Kirkpatrick indicated the need to look into appropriation of
funds that could be designated for use in the new program from the 1990
budget.
Councilmember Edwards stated he agreed with the comments from
Councilmembers Horak and Kirkpatrick and added the funding for the new
project should come through the normal budget process.
Mayor Winokur directed staff to draft additional information regarding
supplemental issues that would be recommended for funding appropriations.
Other Business
Councilmember Edwards stated his intention to participate in the PACE
appeal scheduled for May 30.
Councilmember Mabry requested Council refer to the Subcommittee on Ethics
the following questions related to the PACE appeal: 1) Does a City
Councilmember have a conflict by virtue of living near a development
proposal? 2) Does a City Councilmember have a conflict because the
company that they are employed by owns property near a development
proposal?
Councilmember Mabry made a motion, seconded by Councilmember Maxey to refer
the above questions to the Ethics Subcommittee for an advisory opinion by
May 25. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry noted his membership on the Subcommittee on Ethics and
encouraged Council to appoint a temporary replacement for the hearing of
the above matter.
Mayor Winokur noted the worksession of May 23 would be reviewing the CDBG
applications and stated in his review of the applications he discovered a
request for funding from the Larimer County Mental Health where his wife is
a member of the Larimer County Mental Health Advisory Board.
Mayor Winokur made a motion, seconded by Councilmember Maxey that the
Council Subcommittee on Ethics review the issue for a possible conflict and
return to Council with an advisory opinion. Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Kirkpatrick noted that the Health and Safety Subcommittee met
to discuss its recommendations regarding the'downtown cruising problem and
stated that there was no need to have a worksession on May 23. She
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May 16, 1989
requested that a Resolution be prepared for the May 30 Council meeting
which would set forth a directive from the City Manager and staff
developing a strategy for dealing with the cruising issue. She requested
the Resolution include but not be limited to the use of traffic disruption
plans in the downtown area, increased fines for disruptive behavior,
vigorous prosecution of violators, to direct the Municipal Judge to look
into alternative sentencing, and a public relations effort to advise
citizens of Fort Collins and the surrounding communities regarding the
changes to alleviate the undesirable behavior and congestion in the
downtown area.
Councilmember Maxey noted that the Health and Safety Subcommittee
unanimously recommended the direction to staff regarding the cruising
problem and commented on the timeliness of issue.
Councilmember Mabry made a motion, seconded by Councilmember Horak to
reconsider the previous motion regarding the flying of the POW/MIA flag at
City Hall indefinitely. Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Maxey noted his discomfort regarding flying the flag for an
indefinite period of time.
Councilmember Horak indicated that it was not his intention to specify that
the flag be flown indefinitely.
Councilmember Maxey referred to a speech
General as saying, "That the situation of
and those mission in action would never be
for finality on the issue.
by General Coffey and quoted the
the unaccounted prisoners of war
resolved", and stressed the need
Councilmember Azari suggested flying the POW/MIA lag for a specified
f
amount of time, then at the end of that time frame, the issue would come
before Council for reconsideration.
Councilmember Kirkpatrick noted she would not support the motion and stated
she believed the issue of flying the POW/MIA flag should be addressed at
the national level. She encouraged additional community interest regarding
the Veteran's Memorial and noted that the POW/MIA flag should be flown at
the Memorial site, rather than at City Hall.
Councilmember Edwards stated he believed that flying the POW/MIA or a
cause -oriented flag at City Hall was inappropriate.
Councilmember Mabry stated he would be supporting the motion. He noted
that other communities had followed in the City's footsteps regarding the
flying of the POW/MIA flag and stated he believed the flag should continue
to fly.
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May 16, 1989
Councilmember Maxey noted his support for the POW/MIA flag to be flown at '
the Veteran's Memorial and stated he was not willing to be involved in an
issue that did not have a definite conclusion and indicated he would not be
supporting the motion.
Councilmember Azari stated she did not believe that the Veteran's Memorial
was a better location for the POW/MIA flag to be flown and noted that by
flying the flag from the City flagpole gives the City the opportunity to
recognize the persons who have participated in service to our country.
Mayor Winokur commended the citizens who were genuinely sincere with their
involvement of the POW/MIA issue.
The vote on Councilmember Mabry's motion to reconsider the previous motion
regarding the flying of the POW/MIA flag at City Hall indefinitely was as
follows: Yeas: Councilmembers Azari, Horak, Mabry, and Winokur. Nays:
Councilmembers Edwards, Kirkpatrick and Maxey.
THE MOTION CARRIED.
The vote on Councilmember Mabry's motion to reconsider the previous motion
regarding the POW/MIA flag flying issue at City Hall was as follows: Yeas:
Councilmembers Azari, Horak, Mabry, and Winokur. Nays: Councilmembers
Edwards, Kirkpatrick, and Maxey. I
THE MOTION CARRIED.
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Maxey volunteered to fill the vacancy on the Ethics Board, on
a temporary basis.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
appoint Councilmember Maxey to temporarily fill the vacancy on the Ethics
Board. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Horak, Maxey,
and Winokur. Nays: None. (Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Ad.iournment
Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick
to adjourn the meeting until 6:30 p.m. on Tuesday, May 30. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur.
Nays: None.
:m
' The meeting adjourned at 9:50 p.m.
f
Mayor
EST:
City Clerk
May 16, 1989
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