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HomeMy WebLinkAboutMINUTES-08/04/1987-RegularAugust 4, 1987 ' 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, August 4, 1987, 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, Stoner, and Winokur. Absent: Mayor Estrada Staff Members Present: Burkett, Huisjen, Krajicek Agenda Review: City Manager Councilmember Maxey requested Item #10, Resolution 87-106 Authorizing the City Manager to Enter into a Professional Services Contract with Bramhall & Associates to Prepare the West Side Neighborhood Plan, be removed from the Consent Agenda. Bruce Lockhart, 2500 East Harmony Road, asked that Item #11, Resolution ' 87-107 Authorizing the Filing of an Application with the Department of Transportation, for a grant under the Urban Mass Transportation Act of 1964, as amended, for Transfort, be withdrawn from the Consent Calendar. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #16 and #22, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be discussed immediately following the Consent Calendar. Consider approval of the minutes of the regular meeting of July 21 5. The purpose of this Ordinance, which Reading on July 21, is to provid e August 4, 1987 7. LIP process. The City currently averages two or three such applications a ' month which contain no issues of substance, but absorb a considerable amount of staff and Planning and Zoning Board time and energy. This is an inefficient use of resources. Instead of having an applicant run through a seven week process, the ordinance will provide a four week in-house review. The new procedure will help the City deliver "service" more expeditiously and efficiently. Applications under this procedure would be handled by existing staff. On July 21, Council unanimously adopted Resolution 87-101, Accepting the Petitions and Declaring a Need For the Improvements, and Resolution 87-102, Accepting the Report of Costs, Method of Assessment, and Plans for Oak Ridge Special Improvement District No. 91. Also, on July 21 Council unanimously adopted on First Reading this Ordinance creating and organizing the Oak Ridge Special Improvement District No. 91. The purpose of this SID is to complete the infrastructure improvements in the east half of the Oak Ridge Business Park. Annexation Proceedings for the Blue Spruce Farm Annexation ' A written petition for the annexation of approximately 173.24 acres has been submitted by Blue Spruce Farm, Inc. and the State Board of Agriculture for property that is within the Fort Collins Urban Growth Area and located south of Drake Road, east of Timberline Road and north of Horsetooth Road known as the Blue Spruce Farm Annexation. This resolution accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance for the property. As adopted in 1980, the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA provides that the City of Fort Collins will annex all eligible property within the urban growth area. Colorado annexation laws allow a municipality to annex county enclaves which have been completely surrounded by the city for three or more years. This property is one such county enclave. -91- August 4, 1987 a 10. 12. n A petition for the annexation of approximately 89.54 acres known as the Overland Hills Annexation has been submitted by Gefroh Hatman, Inc., on behalf of property owner Kim Stuart, Mill Valley, California. The property is within the Fort Collins Urban Growth Area and located west of Taft Hill Road and south of Horsetooth Road (extended). This resolution accepts the annexation petition and determines that the petition is in compliance with state law. The resolution also establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance for the property. Eight planning consulting firms submitted proposals to provide the City's Planning Department with assistance in the preparation of the West Side Neighborhood Plan. After review through a selection process, City staff has chosen Bramhall & Associates as the best qualified firm to complete the task. There may be opportunities for and services provided by Transfort. $20,000 planning grant through Administration. This grant would private sector contracting study. defined as "National Emphasis Ar required. benefits from contracting out some Transfort wants to apply for a the Urban Mass Transportation fund a financial analysis and Since these areas of study are eas," there is no local match On December 5, 1986, the U.S. Department of Transportation issued regulations concerning the involvement of the private sector in the provision of transit services. These regulations required that we develop a local process for involving the public sector in the planning and provision of transportation services. In June 1987, staff prepared the City's Proposed Private Sector Participation Policy. The City's Prc the requiremen It is expected Fort Collins s set forth by the U. S. Department that through implementation of this will meet the requirements for -92- lolicv fully meets of Transportation. policy the City of private sector August 4, 1987 13. 14 15 participation for bus systems receiving Federal funds. This policy will be implemented upon approval by Council. The Public Service Company of Colorado is requesting the grant of easements in the street rights -of -way at the Fort Collins -Loveland Airport, so that natural gas may be furnished to the developed properties at that location. The easements to be granted are not in the area of major airport activity, and the improvements will be constructed at no cost to the Cities or the Airport Authority. Resolution 87-99 Appointing Alternates to the Building Review Board Two alternate vacancies exist on the Building Review Board. The Council liaison has interviewed the applicants. In keeping with Council's policy, the recommendations for these appointments were announced at the July 21 meeting. The appointments were tabled to allow time for public input. The prospective appointees are: BUILDING REVIEW BOARD Harry Cornell, alt. Doug Johnson, alt. Routine Easement. a. Powerline easement Administration, an underground existing located at 625 S. Mason Agency of the United overhead electric system from Small Business States, needed to Consideration: $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #5. Item #6. Subdivisions. 91. Councilmember Winokur made a motion, seconded by Councilmember Mabry, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. ILOM August 4, 1987 THE MOTION CARRIED. Resolution 87-106 Authorizing the City Manager to Enter into a Professional Services Contract with Bramhall & Associates to Prepare the West Side Neighborhood Plan Adopted Following is staff's memorandum on this item: "Executive Summary Eight planning consulting firms submitted proposals to provide the City's Planning Department with assistance in the preparation of the West Side Neighborhood Plan. After review through a selection process, City staff has chosen Bramhall & Associates as the best qualified firm to complete the task. Back ra ound In July of 1986, the City Council allocated $30,000 of FY 1986-87 Community Development Block Grant funds to the City's Planning Department to seek professional assistance in the preparation of the West Side Neighborhood Plan. In March of this year, the City's Purchasing Department issued Request for Proposal (P-187) to solicit qualified professional planning firms for the task. Eight firms responded to the RFP: Sherry Albertson -Clark, Fort Collins, CO; Bramhall & Associates, Denver, CO; Cityscape Urban Design, Inc., Fort Collins, CO; EDAW, Inc., Fort Collins, CO; Land Consultants, Longmont, CO; The Neighborhood Concept, Fort Collins, CO; Rosa11 Remmen and Cares, Inc., Boulder, CO; and Rocky Mountain Consultants, Inc., Longmont, CO. Written proposals were reviewed by a selection committee consisting of Don Crews, Chair of the Planning and Zoning Board, and the following members of City staff: Tom Peterson, Planning Director; Joe Frank, Assistant Planning Director, Ken Waido, Chief Planner; and Opal Dick, Senior Buyer. The following four firms were selected for personal interviews by the selection committee: Bramhall & Associates, Denver, CO; Cityscape Urban Design, Inc., Fort Collins, CO; EDAW, Inc., Fort Collins, CO; and Rocky Mountain Consultants, Inc., Longmont, CO.. Based on the personal interviews, the selection committee has chosen Bramhall & Associates from Denver, CO, to assist the Planning Department in the preparation of the West Side Neighborhood Plan." In response to a question explained that Bramhall.' committee felt they were noted that Fort Collins selection process. from Couricilmember Maxey, Chief Planner Ken Waido & Associates was chosen because the selection best qualified for this particular project. He does not have a local bias built in to its -94- August 4, 1987 Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak, ' to adopt Resolution 87-106. Councilmember Maxey expressed concern about the need to educate an out-of-town firm on this particular part of Fort Collins. Councilmember Horak stated he supported the selection by staff, but suggested the selection process may need to be examined. Councilmember Kirkpatrick expressed concern that implementation follow the planning process. The vote on Councilmember Kirkpatrick's motion to adopt Resolution 87-106 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Stoner, and Winokur. Nays: Councilmember Maxey. THE MOTION CARRIED. Resolution 87-108 Authorizing the Filing and Execution of the City of Fort Collins' Private Sector Participation Policy for Transit. Adopted Following is staff's memorandum on this item: "Financial Impact ' There are no additional costs to the City associated with the implementation of this policy in the short term. However, through involvement of the private sector as described in the attached policy statement, the City may realize financial benefits in the future. Executive Summary On December 5, •1986, the U.S. Department of Transportation issued regulations concerning the involvement of the private sector in the provision of transit services. These regulations required that we develop a local process for involving the public sector in the planning and provision of transportation services. In June 1987, staff prepared the City's Proposed Private Sector Participation Policy. The City's Proposed Private Sector Participation Policy fully meets the requirements set forth by the U.S. Department of Transportation. It is expected that through implementation of this policy the City of Fort Collins will meet the requirements for private sector participation for bus systems receiving Federal funds. This policy will be implemented upon approval by Council." I -95- August 4, 1987 ' Councilmember Mabry made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-108. Bruce Lockhart, 2500 East Harmony Road, supported the policy and suggested allowing "jitney" cabs. The vote on Councilmember Mabry's motion to adopt Resolution 87-108 was as follows: Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 87-110 Appointing an Alternate to the Water Board, Tabled to August 18 Following is staff's memorandum on this item: "An alternate position currently exists on the Water Board. The Council liaison has reviewed the applications on file and will announce the recommendation at the August 4 meeting. In keeping with Council's policy, the recommendation will be tabled until August 18 to allow time for public input." ' Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 87-110 inserting the name of Chester Watson. Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick, to table Resolution 87-110 to August 18. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Proposed Expansion of the Foothills Fashion Mall Following is staff's memorandum on this item: "Financial Impact Vacation of the public rights -of -way, portions of East Monroe Drive and Foothills Parkway, will cause no direct or indirect City expense. The developers of the Mall will bear the entire cost of closing the streets. The indirect benefit to the City will be a reduction in cost to maintain the portions of street. WDI August 4, 1987 Executive Summary ' A. Hearing and First Reading of Ordinance No. 115, 1987, Vacating the Portion of East Monroe Drive between JFK Parkway and Stanford Road. B. Hearing and First Reading of Ordinance No. 116, 1987, Vacating the Portion of Foothills Parkway between Mathews Street and Stanford Road. Hearing and First Reading of Ordinance No. 117, 1987, Vacating a Utility Easement on the site of the Foothills Fashion Mall located in the vicinity of the proposed Mervyns Department Store. Everwest, as owner of the Foothills Fashion Mall, and as developer of the proposed Mall expansion, has submitted a letter requesting that the City begin the process of vacating the portions of East Monroe Drive, Foothills Parkway, and a utility easement for the proposed expansion of the Mall. Everwest has requested that the City proceed with the vacation prior to obtaining all of the signatures of the property owners involved. Our normal procedure would be that all property owners involved with the vacation would sign the request prior to the City proceeding. As explained in the P&Z staff memo, Everwest has asked the City to proceed with first reading prior to signatures to determine the City Council position on the vacations. If the signatures are not obtained by August 18, the ordinances will be tabled until the signatures are finalized. City staff supports the concept, and the Planning and Zoning Board has endorsed the concept by giving its final approval to the expansion plans. ' The vacations of Monroe Drive and Foothills Parkway provide for an improved overall plan for the Mall. The shopping areas in Foothills East, Foothills Fashion Mall and the Marriott are all tied together with improved pedestrian and automobile circulation systems and with improved landscaping. A17 utilities have been contacted and have no objections as long as easements are retained for their facilities. Those easements have been provided in the new plat. The only objection to the vacations has come from a few residents along Swallow Road and Mathews. The objections have been to the potential for increasing traffic in front of their homes. The residents believe that vacating Foothills Parkway would block the street and cause more mall traffic on Swallow and Mathews. To mitigate that possibility, the developer will do several things. The most important help is from the driveways in the Mall being designed to follow the same general pattern as the streets being vacated. Therefore, through traffic can still follow the route of the vacated street if they choose to do so rather than using Mathews and Swallow. Secondly, improvements will be made to other entrances that should prevent more traffic from rerouting to use Swallow. These improvements are: 1 -97- August 4, 1987 ' 1. to remove the cross pan in Monroe on the east side of College which removes the bump that slows traffic; 2. to add a double left turn lane on westbound Horsetooth to southbound College to improve the flow through the intersection; and 3. to add a right turn lane on westbound Horsetooth to northbound College to also help the flow. To help mitigate the effects of the increasing traffic on Swallow, a left turn phase will be added to the Swallow at College signal and the City will install a new signal at Swallow and Stanford. The final benefit from the vacations is that the added space provides room for the mall expansion and, thereby, room to upgrade the Mall to regional status. This will benefit both the Mall and the City in keeping the regional mall within the City. For these reasons, staff supports the request for the vacations." Councilmember Mabry withdrew from discussion and vote on this item due to a conflict of interest. Development Coordinator Mike Herzig gave a brief description and history of the project, and answered questions from Council. ' Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 115, 1987 on First Reading. Matt Delich, traffic consultant for Everitt Enterprises, responded to questions from Council relating to traffic flow in the mall area. Development Services Director Mike Davis spoke of meetings with the developers and the negotiation process. Bruce Lockhart, 2500 East Harmony Road, questioned why the streets are not being sold to the developer. City Attorney Huisjen noted that streets are held in the public trust for that purpose only and that when they are given up they have to be vacated without cost to the adjoining property owners. Councilmember Winokur spoke of the benefit to the City in increased sales and use taxes, and the jobs that will be created by the expansion of the mall. Councilmember Kirkpatrick commended staff for their work on this project. She suggested changing the name of the mall. Assistant Mayor Stoner stated he appreciated the mitigation efforts with the neighborhood. I August 4, 1987 The vote on Councilmember Maxey's on First Reading was as follows: Maxey, Stoner, and Winokur. Nays: THE MOTION CARRIED. motion to adopt Ordinance No. 115, 1987 Yeas: Councilmembers Horak, Kirkpatrick, None. Councilmember Winokur made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 116, 1987 on First Reading. Yeas: Councilmembers Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 117, 1987 on First Reading. Yeas: Councilmembers Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Horak reported on a burn that took place on Saturday, August 1 at the corner of Wood and Vine. He suggested the City work with the Larimer County Commissioners and the Health Department to develop a better procedure for open burns in the Urban Growth Area. He also reported on a petition from the City Park Neighborhood Association containing 300 signatures expressing concern with conditions (level of noise, drinking and general disruptive behavior) in City Park and the Park's impact on the entire neighborhood. He urged Council to take a serious look at parks during the budget process. Councilmember Kirkpatrick reported on the loth anniversary of the Museum and commendation received from two state level historical museums. She also reported on the Colorado Association of the Deaf awards luncheon she attended. Citizen Participation a. Presentation of plaque naming Fort Collins as "1987 Colorado Recycler of the Year for Outstanding Government Program." Director of Natural Resources Roger Krempel spoke of the recycling programs of the City and presented the award to the Council. Assistant Mayor Stoner thanked the Natural Resources staff for their efforts in the area of recycling. Jim Koenig, 805 West Mountain, presented Councilmembers with a packet of information relating to events that occurred in conjunction with the March 3, 1987 Municipal Election. He spoke of a complaint he and Ken Bonetti had &6 August 4, 1987 filed with the misstatements and Secretary of State alleging a unreported activities made by series of omissions, the Junction PAC. He challenged Council to act with integrity and honesty in describing their knowledge of the activities that occurred, and to take responsibility for actions taken on their behalf and offer credible explanations as to how contributions were received by their campaigns. Adjournment Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adjourn the meeting. Yeas: Councilmembers Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. The meeting adjourned at 7:45 p ATTEST- _ _♦ -100-