HomeMy WebLinkAboutMINUTES-09/03/1991-RegularSeptember 3, 1991
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
September 3, 1991, at 6:30 p.m. in the Council. Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Staff Members Present: Burkett, Roy, Molly Davis.
Agenda Review
City Manager Steve Burkett stated that Item #17, Second Reading of Ordinance No.
102, 1991, Appropriating Funds and Authorizing the Purchase of Certain Downtown
Properties Owned by Glacier Park Company, in the Council packet was a revised
ordinance. The changes will be read at the time the item is considered.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #14, Pulled
Consent Items.
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7.
This Ordinance, which was adopted 5-0 on First Reading on August 20,
rezones 32.2 acres, known as the Horsetooth Business Park PUD from R-H,
conditional High Density Residential to I-P, Industrial Park. The site is
located at the southwest corner of Horsetooth and Timberline Road. The
Horsetooth Business Park PUD includes the new Public Service Company
administration offices and service yard, as well as an approved Master
Plan for industrial and business service uses on the remainder of the 32-
acre site.
The petitioner for this rezoning is the W. W. Reynolds Companies, on
' behalf of the property owner, Timberline Partnership.
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91
a
10.
September 3, 1991 '
This 7,632 square foot lot is located at 617 Columbia Road, the southwest
corner of Columbia Road and Stover Street. The lot was purchased by Light
and Power in 1961. The 4 kilovolt electrical substation that was built on
the property was retired after the area was converted to higher voltage.
Substation equipment was removed this spring. Subsurface environmental
testing has determined that additional site clean up is not required.
Since the lot is no longer needed by Light and Power, the property was
offered to other City departments at an estimated cost of $18,000. No
other City departments desired to purchase the lot. Murdoff Homes, Inc.
has submitted an offer to purchase the property. This offer to purchase
has been negotiated to $16,000. Consultation with a MAI appraiser
concerning comparable sales confirms that this is fair market value for
the property. The ordinance, which was unanimously adopted on First
Reading on August 20, authorizes the Mayor to execute a Deed of Conveyance
for sale of the lot to Murdoff Homes, Inc.
This Ordinance will enable the Police Department to more efficiently deal
with lost and recovered property and allow the return of found property to
the finder.
Staff recommends amending the Code to provide greater opportunity for
individuals who wish to paint house numbers on curbs.
The Ordinance includes definitive criteria for the Director of Engineering
to issue permits.
County.
In February, 1991, the City granted right-of-way totaling 1.74 acres to
Larimer County for the reconstruction of Centennial Drive Road. The
project will be staged/constructed over several years along the east side
of Horsetooth Reservoir. This work will, .-Consist of some alignment ,
changes, widening the roadway to 30 feet, installing drainage culverts,
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September 3, 1991
and surfacing with a seal and chip coat. The roadway will have an asphalt
mat surface placed when more funds are available.
In order to accomplish this work some additional right-of-way is needed
through areas owned by the City and managed by Park Planning and
Development. Park Planning staff has been contacted by the County and is
in agreement with the additional right-of-way request. The existing
property fence will be adjusted to the new right-of-way line and any lands
disturbed by construction will be revegetated with a hydroseed mix.
12. Resolution 91-118 Setting the Date of the Public Hearings on the 1992
Proposed City Budget.
The Charter requires that the Council set a date for the public hearing on
the proposed 1992 City budget. The Resolution sets the hearing date for
the Council meeting of September 17, and, in an effort to receive further
public input, an additional hearing date for the October 1 Council
meeting.
13. Routine Deeds and Easements.
a. Powerline easement from Mark Thomas Clifton and Susan W. Clifton,
401 E. Prospect, needed to install pad mount electric transformer.
Monetary consideration: $30 (2-1/2' x 6' @ $2/sq. ft.)
b. Powerline easement from Roger W.
Columbine Court, needed to set 2'
underground existing overhead
consideration: $10
Beaner and Joann E. Beaner, 1216
X 8' underground electric vault to
electric services. Monetary
Ordinances on Second Reading were read by title by Deputy City Clerk Molly Davis.
Item #7.
Item #8.
Ordinances on First Reading were read by title by Deputy City Clerk Molly Davis.
Item #9.
Item #10.
Property.
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September 3, 1991 '
Item #11. Hearing and First Reading of Ordinance No. 107. 1991. Authorizina
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Maxey shared the agenda for elected/appointed officials from the
International Public Works Congress held in San Francisco. He stated this was
the best source of education of any event he had attended in the past. He
encouraged other Councilmembers to attend next year.
Mayor Kirkpatrick reminded that Resolution 91-118, which sets September 17 and
October 1 as the dates for the 1992 Budget hearings, was adopted on Consent. She
encouraged public participation.
City Manager Burkett stated Council would be reviewing the Budget at the
September 10 Worksession prior to the first public hearing. '
Ordinance No. 102, 1991, Appropriating Funds
and Authorizing the Purchase of Certain
Downtown Properties Owned by Glacier Park Company,
Adopted as Amended on Second Reading
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Glacier Park Company, a Denver -based property ownership subsidiary of Burlington
Resources Inc., is selling its seven -state property portfolio to Trillium
Corporation, a Bellingham, Washington developer. In order to reduce Trillium's
financing needs, Glacier Park has offered six parcels (19 acres) for sale to the
City of Fort Collins. Staff concluded.that it would be in the best interest of
the City to pursue acquisition of Parcel 1, a 1.64 acre (71,250 square feet)
parcel at the southeast corner of LaPorte Ave. and Mason Street, commonly
referred to as the LaPorte -America Parking Lot, and Parcel 8 (12.75 acre site
adjacent to Lee Martinez Park).
On May 14, 1991, Council directed staff to negotiate an agreement for the
purchase of Parcels 1 and 8. On June 18, 1991 the City presented an offer of
$499,000 to Glacier Park for the acquisition of both parcels.
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' September 3, 1991
This Ordinance, which was adopted as amended on First Reading on August 20 by a
vote of 5-1, appropriates $499,000 for the purpose of purchasing Parcel 1.
Purchase of this parcel by the City is conditioned on a donation to the City by
Glacier Park Company of Parcel 8. The Ordinance was amended on First Reading to
appropriate $362,000 from the Transportation Fund Reserve and $137,000 from the
DDA Construction Account and to add a clause that if both parcels cannot be
purchased on terms as favorable, the acquisition should not be accomplished."
City Manager Burkett recommended approval of the appropriation and gave an update
on the process. An offer was made with several contingencies, which have not
been and may not be resolved with Glacier Park. The Ordinance has been revised
to provide that the negotiated terms of the purchase will come back to Council
for approval before the sale is completed. Because of some of the contingencies
and some issues on the title, a future purchase price is anticipated to be lower.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No.
102, 1991 on Second
Reading.
City Attorney
Roy read the changes
to the Ordinance (Section 1).
Councilmember
Maxey asked that it
read "not to exceed $499,000".
City Attorney
Roy said that change
would give the City Manager more latitude.
Councilmember
Maxey made a motion,
seconded by Councilmember Winokur, to amend
the revised ordinance
to read "for
a total amount not to exceed $499,000."
Councilmembers
Azari and Edwards accepted
Councilmember Maxey's amendment as a
friendly amendment
to the previous
motion.
Councilmember Fromme inquired if the $499,000 would be moved into an escrow
account.
City Manager Burkett clarified that there would be no escrow account until there
is an agreement to purchase. The City will still be collecting tax revenues on
these two properties while this is pending.
Bruce Lockhart, 2500 E. Harmony Road, opposed the purchase as not necessary.
Limited parking is an incentive to use mass transit. He suggested if business
owners need additional parking, the City employee parking (LaPorte lot) be made
available to business. He stated there is not enough growth in the northeast
area to justify more park space.
Thomas Ridgely, 422 Peterson Street, inquired how much tax revenue would be lost
if the property was purchased and how much purchase money would recirculate
locally.
City Manager Burkett stated that Glacier Park is headquartered elsewhere '
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September 3, 1991 '
Economic Development Administrator Frank Bruno stated that the annual taxes on
Parcel 1 (the LaPorte/America lot) were $12,000 and the information for Parcel
8 was not available.
City Manager Burkett stated that the taxes for Parcel 8 would be less than for
Parcel 1 because of its lower appraised value. The City's portion of the taxes
is about 12-13% of the total taxes.
Councilmember Fromme stated the County's assessed value on Parcel 8 is $268,660.
The tax revenue is $31,000 which will be lost once the property is donated to the
City. She expressed concern about the discrepancy between the County's assessed
value and the accepted price. Councilmember Fromme moved that the item be tabled
until the City obtains its own appraisal.
THE MOTION DIED FOR LACK OF A SECOND.
Councilmember Fromme reminded that Council and staff have a responsibility to
take care of taxpayers' money. She questioned why Glacier Park was willing to
give away a piece of property for $161,000, yet pay taxes on a property with a
market value of $926,000.
The vote on Councilmember Azari's motion to adopt Ordinance No. 102, 1991 on
Second Reading as amended was as follows: Yeas: Councilmembers Azari, Edwards,
Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Fromme. I
THE MOTION CARRIED.
Items Related to Hazardous Waste Burning in Cement Kilns, Adopted
The following is staff's memorandum on this item:
"FINANCIAL IMPACT
The recommended actions to oppose hazardous waste burning have been incorporated
into work plans for the remainder of 1991 and 1992. The recommended cement
purchase policy may increase cement costs in a range from zero to over $130,000.
There could also be additional administrative costs depending upon the level of
enforcement.
EXECUTIVE SUMMARY
A. Resolution 91-120 Approving and Adopting a Work Plan for the Purpose of
Giving Direction to Staff in the City's Efforts to Oppose Hazardous Waste
Burning in Cement Kilns.
B. Resolution 91-121 Concerning the Purchase of Cement and Products
Containing Cement Produced without the Burning of Hazardous Waste.
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September 3, 1991
These two items were prepared at Council's direction in Resolution 91-73.
First, staff has developed for Council's review and approval a proposed work plan
to implement City Council's opposition to the burning of hazardous waste in
cement kilns. Second, staff has prepared a Resolution requiring suppliers of
cement products to certify that their products do not contain cement produced in
kilns which burn hazardous wastes. The intent is to make this certification
process as simple as possible, perhaps an annual certification or statement with
each bid.
BACKGROUND
A. WORKPLAN: The proposed work plan (ATTACHMENT A) identifies seven areas of
activity to advance the Council policy of opposition to burning hazardous waste
in cement kilns:
CITY CEMENT USE
LEGISLATION
PUBLIC EDUCATION
COORDINATE WITH CITIZEN GROUPS
MONITOR HOLNAM ACTIONS AND RESPOND AS NEEDED
INFORMATION GATHERING
CITY DISPOSAL PRACTICES
While all of these are important, the major area of emphasis is in the
legislative arena. Since the City has no direct regulatory authority over the
issue, the strategy is to further legislative initiatives to prompt action at the
state and federal level. Staff has reviewed the draft work plan with the Council
Legislative Committee and expects to work on legislative matters under the
direction of the Committee.
The proposed work plan was developed in consultation with members of citizen
organizations that share Council's policy of opposition to hazardous waste
burning in cement kilns. The proposed work plan was reviewed and approved by
both the Air Quality Task Force and the Natural Resources Advisory Board.
A closely related issue to the proposed work plan is a Pilot Project on Source
Reduction. This project is not part of the work program to implement Resolution
91-73, but is on the Council 199211993 Work Program and is included in the 1992
Work Program of the Natural Resources Division. While the pilot project is not
yet completely defined, a portion of it would explore opportunities for a
stronger commitment to hazardous materials source reduction throughout the
community. Elements may include City government actions, increased awareness and
voluntary effort throughout the community, enhanced enforcement of state
regulations, and a pollution -prevention ordinance.
B. CEMENT PURCHASE POLICY: The proposed Resolution would require suppliers of
cement products to certify that their products do not contain cement produced by
' burning hazardous wastes. It would be the intent to make this certification
process as simple as possible, perhaps an annual certification or a statement
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September 3, 1991 '
with each bid. Funding for testing, inspection, and administration to ensure
compliance may be necessary depending upon the level of enforcement sought by
City Council.
Further details of the cement purchase policy are contained in the attached
report."
Air Quality/Hazardous Waste Coordinator Brian Woodruff made a presentation on
item A, the Work Plan, which was reviewed by the Natural Resources Advisory Board
and the Air Quality Task Force. The proposed Work Plan contains seven
activities. Since the City does not have a regulatory role, the major emphasis
of the Work Plan is to work through the Colorado Municipal League and National
League of Cities to advance legislative proposals (a moratorium, reduction of
hazardous waste production and cement purchase restrictions). The second area
of legislative activity would be in networking with other communities. The third
legislative area would be for staff to monitor fact-finding efforts which are
already in place such as the Governor's Task Force on Hazardous Waste
Incineration issues, Senator Schaffer's committee on hazardous waste issues, and
the Colorado Hazardous Waste Committee.
Director of Purchasing and Risk Management Jim O'Neill discussed the development
of the process to ban the use of city funds to purchase cement made from kilns
which burn hazardous waste as fuel. He described the research done. Based on
cement products purchased in 1990, an 18% increase would add $126,000. '
Councilmember Fromme asked if the 1990 cement purchases were unusually high. Mr.
O'Neill replied the costs were average.
Councilmember Winokur inquired if the City's contracts have provisions for non-
compliance. Mr. O'Neill replied that remedies vary but are in place.
Councilmember Maxey asked for an estimate of the cost to administer the program.
Mr. O'Neill replied that the cost should be minimal and covered in the normal
operation.
Councilmember Horak clarified that other certifications are required of the
applicants.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-120.
Bruce Lockhart, 2500 E. Harmony Road, added it might even improve the air quality
to burn certain types of "hazardous" waste instead of the coal which is presently
used for fuel.
Councilmember Fromme stated no study has shown that hazardous ash in cement will
not be harmful in the future and suggested banning this potential health hazard.
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September 3, 1991
Councilmember Horak complimented staff on the work involved in preparing this
program.
Councilmember Edwards stated this work plan does not solve all problems with
hazardous materials but was a good incremental step.
Councilmember Maxey spoke in favor of the work plan but not Resolution 91-121.
Approval of Resolution 91-120 infers approval of Resolution 91-121.
Mayor Kirkpatrick supported the work plan and clarified that a proposed pilot
program for hazardous materials source reduction was not addressed in. the work
plan because it was still in conceptual stages.
The vote on Councilmember Horak's motion to adopt Resolution 91-120 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, and
Winokur. Nays: Councilmember Maxey.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-121 with the last two words of Section 3 amended to read "City
Council" instead of "Purchasing Agent."
' Councilmember Horak stated that Council should make the decision on waivers of
Council policies.
Bruce Lockhart, 2500 E. Harmony Road, restated his concerns about coal burning.
He questioned whether the Resolution was enforceable because there is no way to
chemically tell haw cement is made. He favored burning of hazardous waste as
opposed to illegal disposal or storage in drums.
Councilmember Winokur expressed concern about the waiver of certification being
done by Council. He suggested this administrative function could be done by the
City Manager with notice to Council.
Councilmember Horak supported notice to Council but with Council having the power
to overturn the waiver. He inquired about the waiver process and the criteria
to be used.
Director of Purchasing and Risk Management Jim O'Neill replied that a waiver
would be requested after all sources of supply were exhausted and no substitute
items for the product could be found. Under current purchasing ordinances,
purchases over a certain dollar'amount are approved .by the City Manager and
reported to Council.
Councilmember Edwards supported the amendment as being consistent with past
' practice that Council -set policy be waived only at Council discretion.
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September 3, 1991 '
Councilmember Azari spoke against the amendment and in favor of staff carrying
out policy.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to amend
the Resolution to replace the word "City Council" with "City Manager who shall
notify the City Council of such waiver".
Councilmember Fromme inquired if the Council could be informed before a purchase
is made.
The vote on Councilmember Winokur's proposed amendment was as follows: Yeas:
Councilmembers Azari, Maxey, and Winokur. Nays: Councilmember Edwards, Fromme,
Horak and Kirkpatrick.
THE MOTION FAILED.
Councilmember Horak, citing the example of South Africa, spoke in favor of
individual actions of individuals or communities as making a difference in
policy.
Councilmember Winokur expressed concern about the present non-compliance
penalties on contracts. He spoke of the costs of doing nothing e.g., health
costs, fire protection, environmental damage, transportation and storage of
hazardous materials. '
Councilmember Edwards spoke of the City as a sensitive consumer having an ability
to impact the marketplace.
Councilmember Azari spoke against the Resolution as making an exception to the
way the City does business through ordinary administrative channels.
The vote on Councilmember Horak's motion to adopt Resolution 91-121, as amended,
was as follows: Yeas: Councilmembers Edwards, Fromme, Horak, Kirkpatrick, and
Winokur. Nays: Councilmember Maxey and Azari.
THE MOTION CARRIED.
Resolution 91-122 Concerning the
Police Officers' Bill of Rights
Amendment to U.S. Senate Bill S. 1241,
the Omnibus Crime Bill, Adopted
The following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The Legislative Committee recently discussed the Police Officers' Bi11 of Rights '
(POBR) amendment which has been included as a part of the Omnibus Crime Bill.
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September 3, 1991
In addition to S. 1241, which has passed the U.S. Senate, two versions of Police
Officers' Bill of Rights (HR 642 and HR 2537) have been introduced in the House.
It was the consensus of the Legislative Committee that City opposition to the
Police Officers' Bill of Rights is appropriate. Therefore, this Resolution is
being presented to City Council since no clear policy on this matter has yet been
established.
Various forms of Police Officers' Bill of Rights have been considered throughout
the nation at both the state and municipal level. While several have been
adopted into law, many others have been defeated. The federal legislation would
remove the local option and mandate passage of state legislation of a POBR,
similar in content to the federal bill, within two years.
The National League of Cities Board and the Colorado Municipal League opposes a
POBR and urges local city officials to contact their respective Congressional
representatives and request them to:
o Insist that balanced hearings be held prior to any further action on
the subject.
o Oppose any attempt to include the POBR in any anti -crime bill.
o Oppose any such bill if offered as a separate amendment.
' Staff supports the position of NLC and CML on the POBR and opposes this
legislation for the following reasons:
o Unnecessary - The rights of police officers spelled out in the POBR
are already provided by the U.S. Constitution, the City's Internal
Investigation procedure and the Personnel Policies and Procedures.
o Unfair - Staff believes the POBR would create a special class of
City employees by extending additional rights to police officers not
afforded to other City employees.
o Restrictive - While the majority of officer protection included in
the POBR are already included in department policy governing
administrative investigations, further requirements significantly
restrict the ability of law enforcement administrators to conduct
internal administrative investigations where misconduct by police
officers is alleged."
Director of Administrative Services Pete Dallow gave background on this item,
adding staff and the Council Legislative Review Subcommittee recommend adoption
of this Resolution opposing the imposition upon state and local governments of
a federally -mandated Police Officers' Bill of Rights.
' Councilmember Azar! made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-122.
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September 3, 1991
Councilmember Maxey clarified that the intent of the Resolution was that it be
submitted to area Congressional representatives.
Mayor Kirkpatrick stated that ordinarily a letter from the Mayor is prepared
which includes the Resolution and outlines the additional reasons for opposition.
Councilmember Edwards inquired how this item was placed on the agenda.
Councilmember Horak stated that when this request came to the Legislative
Committee, there was no Council policy in this area. It was determined that
there should be a public discussion on the issue.
Mayor Kirkpatrick stated that the Colorado Municipal League and National League
of Cities contacted Council, as elected officials, for support in opposing this
item and staff did analysis.
Councilmember Fromme requested comments from the Chief of Police.
Director of Police Services Fred Rainguet responded that the item was discussed
with command officers. Sound policy at the local level can take care of these
issues. This kind of personnel issue does not belong in this bill which is a
crime bill.
Mayor Kirkpatrick stated that this federal policy change is outside the I
jurisdiction of the federal government.
Councilmember Edwards noted it was important to know that the item was initiated
by the Colorado Municipal League and National League of Cities and was not a
reaction to local Police Services.
The vote on Councilmember Azari's motion to adopt Resolution 91-122 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey
and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak introduced an item on Laurie Ravine.
Councilmember Fromme withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Horak stated that Council had received a memo from Tom Shoemaker
dated August 30, which contained recommendations from staff.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to direct '
that staff continue investigation on this item and report the outcome to Council
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September 3, 1991
within 30 days. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey
and Winokur. Nays: None. (Councilmember Fromme withdrawn).
THE MOTION CARRIED.
Adjournment.
The meeting adjourned at 8:02 p.m.
ATTEST:
City Clerk
Jimin
Mayor
9M