HomeMy WebLinkAboutMINUTES-04/16/1991-Regular,
April 16 1991
P
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,
April 16, 1991, at 6:30 p.m. in the Council Chambers in the City of Fort Collins
City Hall. Roll call was answered by the following Council members: Azari,
Edwards, Fromme, Kirkpatrick, Maxey and Winokur.
Councilmember Horak was absent until 6:50 p.m.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Mayor Kirkpatrick presented Resolution 91-58 Expressing Gratitude and
Appreciation to Chuck Mabry for his Contributions to the Community as
Councilmember and Assistant Mayor.
Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt
Resolution 91-58.
Mayor Kirkpatrick recognized Councilmember Mabry for his Council service and read
the Resolution in his honor.
The vote on Councilmember Edwards' motion was as follows: Councilmembers Azari,
Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
William Kay, 301 North Whitcomb, commented on the heaping garbage and disorderly
animals in his neighborhood stating those problems had an adverse effect on
property values and requested the City enforce the laws that pertain to those
issues.
Barbara Allison, 1212 Lynnwood Drive, representing the Larimer County Smokers
Right Group, invited interested citizens to participate in a litter pickup on
April 20th.
Al Bacci1i, 520 Galaxy Court, requested information on the lawsuits filed against
the City of Fort Collins by Verna Lewis and the Police and Fire Dispatchers.
He asked if the recently adopted Charter Amendment #2 applied to paying Chamber
of Commerce dues.'
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April 16, 1991
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Councilmember Winokur requested that Items -416, Items Related to the USDA
Annexation and Zoning, and t19, Resolution 91-64 Endorsing Federal Legislation
for the Proposed Cache La Poudre River National Water Heritage Area, be withdrawn
from the Consent Calendar and asked that they be considered sequentially
Agenda Review
City Manager Steve Burkett stated there were no changes to the agenda as
published.
Councilmember Fromme requested that Item A7, Second Reading of Ordinance No. 31,
1991, Amending Section 29-525 of the Code (Land Development Guidance System)
Relating to Energy Conservation Methods, be pulled from the Consent Calendar.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
the Consent Calendar will be considered separately under Agenda Item a21, Pulled
Consent Items.
6. Approval of the minutes of the regular meetings of February 19, March 5
and March 19, 1991.
Second Reading of Ordinance No. 31, 1991, Amending Section 29-526 of the
Code (Land Development Guidance System) Relating to Energy Conservation
Methods.
The Land Development Guidance System seeks to encourage the use of energy
conserving systems and measures in new non-residential development by
providing an incentive for using such systems and measures in the
development. This incentive is awarded during the land use review of a
development plan, as a specific number of points and counts toward
achieving the minimum percentage required on the Land Use Activity Point
Charts.
There are no clear standards to use in evaluating and awarding energy
conservation points for non-residential planned unit developments. This
Ordinance, which was unanimously adopted on First Reading on March 19,
amends Section 29-526 of the Code (the LOGS), creating clear standards,
in the form of the "Energy Conservation Methods The Ordinance proposes
two methods to use for evaluating and awarding energy conservation
pointsfor non-residential PUD's. These methods define the specific
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April 16, 1991
requirements for achieving each point level for the Energy Conservation
Criterion and replace the existing point levels (0 - 2) with a wider range
of points (0 -4).
During the Performance Audit of the LOGS that was completed in October,
1990, a small but important issue arose as a result of input received from
the private sector. In discussing master plan changes it became apparent
that many people consider the name "Master Plan" to mean the equivalent
of "City comprehensive plan" (i.e. Master Street Plan, Parks and Recreation
Master Plan, etc.). The name should be changed to something that reflects
its status as a privately proposed and publicly approved overall
development plan for a parcel of private land.
Presently, a master plan for the entire development site, together with
the proposed preliminary plans for the first phase of development, is
required if a property under one ownership is intended to be developed over
time in two or more separate preliminary plan submittals.
This Ordinance, which was unanimously adopted on First Reading on March
19, makes the "housekeeping" type changes and will replace the name "Master
Plan" with "Overall Development Plan" throughout the Land Development
Guidance System (where applicable).
The Harmony Presbyterian Church has contested the validity of the
assessment against its property for the Boardwalk Special Improvement
District #77, primarily because the Church was not notified as the current
property owner at the time of assessment. No assessments have been paid
by the Church and in November of 1988, two tax certificates of purchase
were issued to the City of Fort Collins for the property owned by the
Church on which assessments had been levied. This Ordinance, which was
unanimously adopted on First Reading on March 19, authorizes the sale of
those tax certificates to the Church at a discounted amount equal to the
original principal assessment levied on the Church property. Staff is
recommending postponement of this item to allow additional time for notice
and the Church to obtain financing.
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10.
April 16, 1991 1
Easement Purposes.
The owner/developer of the property known as the Horsetooth Business Park,
located at the southwest corner of Horsetooth Road and Timberline Road,
has requested vacation of the previously platted right-of-way on the
property. The right-of-way was originally dedicated by the plats for the
South Collins Tech Center First, Second, and Third Filings. The
owner/developer is proposing a new street system to serve the property and
therefore the previously platted right-of-way is no longer needed. This
Ordinance, which was unanimously adopted on First Reading on March 19,
vacates the previously platted right-of-way.
The area of the proposed right-of-way vacation shall be retained as a
utility easement to protect the interests of the public and private
utilities presently installed, until such time as the property is platted
for new development and the utilities are relocated.
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Products.
At the request of a group of citizens concerned over cigarette smoking by
minors, on September 4, 1990 City Council directed staff, through
Resolution 90-130, to research and propose local vending machine
legislation that would prohibit the sale of tobacco products through
vending machines in locations which are accessible to minors.
Staff has worked with the Council Health and Safety Committee and has met
with members of the citizens group as well as members of the business
community including merchants, representatives of the Chamber of Commerce
and vending machine suppliers. This development of community input has
not been exhaustive, but rather has been done in an attempt to solicit the
range of opinions that may exist in the community on this issue.
On March 19, Council unanimously adopted this Ordinance on First Reading,
which is a partial ban on cigarette vending machines, allowing them in
public places where minors are prohibited or where adult supervision of
the machine is assured and in places not open to the public. Also on March
19, Council unanimously adopted as amended Resolution 91-50 Directing Staff
to Propose Local Legislation to Prohibit the Possession and Use of Tobacco
Products by Persons Under Eighteen (18) Years of Age.
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12.
13.
April 16, 1991
The renovation of the Fort Collins Community Pool was scheduled to begin
the end of May 1991 but will not be completed this year. The adopted 1991
budget for the community pool includes money for only a five -month
operation. This relates not only to the Recreation Division budget but
also to the Facilities Division budget. Since renovation will not be done
this year, money needs to be allocated for continued operation of this
facility through the end of this year or the decision needs to be made to
close the facility at the end of May. This Ordinance, which was
unanimously adopted on First Reading on March 19, appropriates funds to
keep the Community Pool operational from June to December, 1991.
The Colorado General Assembly has amended several statutes concerning the
traffic laws relating to bicycles and motorized bicycles. The effect of
this Ordinance will be to incorporate these State law changes into the
City's Model Traffic Code ("MTC").
By incorporating these changes into the City's MTC, conflict or confusion
that may result from differences in the State law and the City Code will
be eliminated. The changes will permit the enforcement of these State law
changes in Fort Collins Municipal Court rather than in County Court. In
addition, staff has reviewed these changes and believes they will be in
the best interest of the public safety as these changes are consistent with
the current recognized safety standards for the operation of bicycles and
motorized bicycles.
The Choice City Cycling Coalition, a local citizen group concerned about
bicycle safety, was given the opportunity to review these proposed changes
to the MTC and to comment upon them. Comments received from members of
the Coalition were taken into consideration by staff in the drafting of
this Ordinance.
14. Items Related to the Springer Annexation and Zoning.
A. Resolution 91-59 Setting Forth Findings of Fact and Determinations
Regarding the Springer Annexation.
' B. Nearing and First Reading of Ordinance No. 41, 1991', Annexing
Approximately 4.80 Acres, Known as the Springer Annexation.
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April 16, 1991 1
C. Hearing and First Reading of Ordinance No. 42, 1991, Zoning
Approximately 4.80 Acres, Known as the Springer Annexation.
This is a request to annex and zone approximately 4.80 acres located north
of East Mulberry Street (Colorado Highway 14) and west of Lemay Avenue.
The property was donated to the City of Fort Collins in late 1990 by the
Springer -Fisher Trust and consists of a section of the Cache La Poudre
River and its associated bluff and floodway. The property is currently
zoned C, Commercial, in the County. The requested zoning is RC, River
Corridor. This is a 100% voluntary annexation of City owned property.
APPLICANT: City of Fort Collins OWNERS: City of Fort Collins
Items Related to the Williams Annexation and Zoning.
A. Resolution 91-60 Setting Forth Findings of Fact and Determinations
Regarding the Williams Annexation.
B. Hearing and First Reading of Ordinance No. 43, 1991, Annexing
Approximately 1.41 Acres, Known as the Williams Annexation.
C. Hearing and First Reading of Ordinance No. 44, 1991, Zoning '
Approximately 1.41 Acres, Known as the Williams Annexation.
This is a request to annex and zone approximately 1 . 4 1 acres located at
the southwest corner of Lemay Avenue and East Mulberry Street (Colorado
Highway 14). The property was donated to the City of Fort Collins by Mr.
Jack Williams and consists of vacant land along the north bank of the Cache
La Poudre River. The property lies within the floodway of the Poudre River
and is currently zoned C, Commercial, in the County. The requested zoning
is RC, River Corridor. There is an existing commercial off -premise bill
board sign on the property which Mr. Williams, as a condition of land
donation, will retain in an easement for fifteen years. This is a 100%
voluntary annexation of City owned property.
APPLICANT: City of Fort Collins OWNERS: City of Fort Collins
Items Related to the USDA Annexation and Zoning.
A. Resolution 91-61 Setting Forth Findings of Fact and Determinations
Regarding the USDA Annexation.
B. Hearing and First Reading of Ordinance No. 45, 1991, Annexing
Approximately 1.07 Acres, Known as the USDA Annexation.
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17.
April 16, 1991
Hearing and First Reading of Ordinance No. 46, 1991, Zoning
Approximately 1.07 Acres Known as the USDA Annexation, Into the T,
Transition, Zoning District.
This is a request to annex and zone approximately 1.07 acres located on
the east side of Timberline Road, between Drake and Horsetooth Roads. The
requested zoning is T, Transition. The property is presently developed
and used by the United States Department of Agriculture as a research
facility. There are several large warehouse structures on the property.
There are no immediate redevelopment plans for this property. This is an
enclave annexation.
APPLICANT: City of Fort Collins OWNERS: U.S. Department of Agriculture
South Shields Street - Davidson Street to Casa Grande Boulevard is a
Choices 95 project which is to be constructed this summer.
This ordinance will appropriate $70,000 from prior year reserves in the
Storm Drainage Fund to fund storm drainage improvements in the Spring Creek
Drainage Basin which will be constructed in conjunction with the Shields
Street Choices 95 Project. During design it was discovered that the
existing storm drainage system in Shields Street is not adequate to handle
the large storm run-off from west of Shields Street. Although this Choices
95 project anticipated minor storm drainage improvements, the drainage.
system improvement is not considered part of a Choices 95 project and is
the responsibility of the Storm Water Utility.
18. Resolution 91-62 Authorizing the Purchase of Property Located at 2707 South
Taft Hill Road For Spring Creek Basin Drainage Improvements.
The adopted 1980 Spring Creek basin master plan identified the need for
a regional detention facility west of Taft Hill Road. The second and
current study, dated 1988, updated the previous study and recommended that
the regional detention facility be immediately adjacent to Taft Hill Road.
Through a preliminary design analysis staff has verified this location to
be the most cost effective.
It was originally anticipated that the acquisition of the site necessary
to construct
the detention
facility would be initiated in 1996 to
1997.
This is the
projected time
frame for the widening of Taft Hill
Road.
Because the
site owners are
willing sellers it is advantageous to acquire
'
the site now. The parcel
Engineering Department will
will also benefit other departments.
need additional right-of-way for
The
future
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April 16, 1991 '
widening of Taft Hill Road and the Cultural, Library and Recreational
Services Department needs additional right-of-way for the future expansion
of the Spring Creek trail system.
United States Senator Hank Brown is preparing to introduce legislation
designating the Cache La Poudre River National Water Heritage Area.
Senator Brown is asking for the endorsements of affected interests to
demonstrate local support for the bill.
On March 26, 1991, Council heard a staff report on the status of the
project and reviewed a draft Resolution endorsing designation. Adoption
of a Resolution endorsing designation by the City Council is the next
logical step in an established policy direction to pursue federal
recognition for the Poudre River.
20. Routine Deeds and Easements.
a. Easement from Berthoud National Bank, one of four agreements needed
for the Shields Street (Rocky Mountain Way to Casa Grande) project.
Monetary consideration: $5,020 (based on an M.A.I. value estimate) '
b. Powerl ine easement from Leslie Ball and Barbara D. Ball, 306 E.
Magnolia, needed to underground existing overhead electric services.
Monetary consideration: $10.
C. Deeds of dedication from Oak Farm Inc. for temporary access, utility
and drainage easements needed for the Harmony Market Second Filing
P.U.D. development. The easements are necessary to serve the
development until the surrounding properties develop. Monetary
Consideration: $0.
d. Deeds of dedication from Oak Farm Inc. for temporary access, utility
and drainage easements needed for the Harmony Market Third Filing
P.U.D. development. The easements are necessary to serve the
development until the surrounding properties develop. Monetary
Consideration: $0.
e. Deed of dedication for right-of-way required by the City in
connection with Phase 1
of
the Foothills Fashion Mall Expansion (Mall
was completed just over
a year ago). The right-of-way is needed for
widening the south side
of
Horsetooth Road on the east side of South
College Avenue in order
to
restripe the intersection for double left
turn lanes (west bound
to
south bound). The developer plans to do
the construction this summer.
paid $31,984; City $0
Monetary Consideration: Developer
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April 16, 1991
Ordinances on Second Reading were .read by title by Wanda Krajicek, City Clerk.
Item 47.
Item #8.
Item .;9.
Item 10.
Item > I I .
Item =12.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item ..-',13.
Item =14.
A.
B.
C.
Items Related to the S rin er Annexation and Zoning.
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Item 415
Item =16
Item '17.
Item '26.
Item =27
April 16, 1991
Items Related to the Williams Annexation and Zoning.
Resolution 91-60 Setting Forth Findings of Fact and
Determinations Regarding the Williams Annexation.
Hearing and First Reading of Ordinance No 43, 1991. Annexing
Approximately 1:41 Acres, Known as the Williams Annexation.
Hearing and First Reading of Ordinance No. 44, 1991, Zoning
Approximately 1.41 Acres, Known as the Williams Annexation.
Items Related to the USDA Annexation and Zoning.
A. Resolution 91-61 Setting Forth Findings of Fact and
Determinations Regarding the USDA Annexation.
C.
Hearing and First Reading of Ordinance No. 45, 1991, Annexing
Approximately 1.07 Acres, Known as the USDA Annexation.
the I, Transition, Zoning District.
Accessibility Requirements.
Hearing and First Reading of Ordinance No. 47, 1991, Amending the
Code Relating to the Water Board.
Councilmember Azari made a motion, seconded by Councilmember Horak, 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.
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April 16. 1991
Ordinance No. 31, 1991,
Amending Section 29-526 of
the Code
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Land Development Guidance System seeks to encourage the use of energy
conserving systems and measures in new non-residential development by providing
an incentive for using such systems and measures in the development. This
incentive is awarded during the land use review of a development plan, as a
specific number of points and counts toward achieving the minimum percentage
required on the Land Use Activity Point Charts.
There are no clear standards to use in evaluating and awarding energy
conservation points for non-residential planned unit developments. This
Ordinance, which was unanimously adopted on First Reading on March 19, amends
Section 29-525 of the Code (the LDGS), creating clear standards, in the form of
the "Energy Conservation Methods". The Ordinance proposes two methods to use
' for evaluating and awarding energy conservation points for non-residential PUD's.
These methods define the specific requirements for achieving each point level
for the Energy Conservation Criterion and replace the existing point levels (0 -
2) with a wider range of points (0 - 4).
This project was identified during the recently completed LDGS Performance Audit
as a project of high importance, that will help bring consistency to the
development review process, while encouraging energy conservation. While the
proposed Ordinance does not address broader policy issues of whether energy
conservation should be mandated, it does provide clear standards as an
incremental step toward encouraging the use of energy conservation measures in
new development in Fort Collins.
The Planning and Zoning Board recommended adoption of the Ordinance with a
condition that the success of the Energy Conservation Methods be evaluated after
one year."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 31, 1991 on Second Reading.
Sherry Albertson -Clark briefly summarized the amendment.
Councilmember Fromme voiced her concerns regarding the effectiveness of the
Energy Conservation Criterion.
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April 16, 1991 '
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Fromme.
THE MOTION CARRIED.
Items Related to the USDA Annexation and Zoning
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-61 Setting Forth Findings of Fact and Determinations
Regarding the USDA Annexation.
B. Hearing and First Reading of Ordinance No. 45, 1991, Annexing Approximately
1.07 Acres, Known as the USDA Annexation.
C. Hearing and First Reading of Ordinance No. 46, 1991, Zoning Approximately
1.07 Acres Known as the USDA Annexation, Into the T, Transition, Zoning
District.
This is a request to annex and zone approximately 1.07 acres located on the east '
side of Timberline Road, between Drake and Horsetooth Roads. The requested
zoning is T, Transition. The property is presently developed and used by the
United States Department of Agriculture as a research facility. There are
several large warehouse structures on the property. There are no immediate
redevelopment plans for this property. This is an enclave annexation.
APPLICANT: City of Fort Collins OWNERS: U.S. Department of Agriculture
BACKGROUND:
The property is located within the Fort Collins Urban Growth Area. According
to policies and agreements between the City of Fort Collins and Larimer County
contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA, the City will agree to consider for annexation, property in the UGA when
the property is eligible for annexation according to State law.
The area to be annexed is a county enclave and has been completely surrounded
by the City of Fort Collins for at least three years. The following annexations
to the City of Fort Collins created the enclave:
N:
Blue Spruce
Farms Annexation, October
6, 1981
E:
Blue Spruce
Farms Annexation, October
6, 1987
S:
Blue Spruce
Farms Annexation, October
6, 1987
W:
Greenwalt 10th Annexation, June 21, 1977
'
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April 16, 1991
This property has been eligible for involuntary annexation into the City since
October 6, 1990. On January 31, 1990, staff sent a letter to the property owners
informing them of the pending annexation, potential zoning district designation,
and meeting dates of review by the Planning and Zoning Board and the City
Council. The property is currently owned by the United States Department of
Agriculture and is used for agricultural research purposes. There are several
large warehouse structures on the property. There are no redevelopment plans
for this property at this time. 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.
Zoning:
Staff is recommending the T, Transition Zoning District. The Transition District
designation is for properties which are in a transitional stage with regard to
ultimate development. The property surrounding this proposed annexation, to the
north, south, and east, is also in the T Zone. Property is placed in the
transitional zone as a holding zone until future uses for the property are more
defined. No use is permitted in the T District, except for uses such as existed
on the property at the time the property was placed in this zoning district.
Prior to any new development on properties in the T District, the property must
be removed from the T Zone and placed in another zoning district.
' Findings:
The annexation of this area is consistent with the policies and agreements
between Larimer County and the City of Fort Collins contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA.
The area meets all criteria included in State law to qualify for annexation
by the City of Fort Collins.
On February 19, 1991, the City Council approved a resolution determining
that the proposed annexation is in compliance with State law. The
resolution also initiated the annexation process for this property by
establishing the date, time and place when a public hearing will be held
regarding the readings of the Ordinances annexing and zoning the property.
The requested zoning, T-Transition, is in conformance with the policies
of the City's Comprehensive Plan.
RECOMMENDATION:
Staff recommends approval of the annexation and requested'zoning.
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April 16, 1991 1
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board at its regular monthly meeting of February 25,
1991, voted 7-0 to recommend approval the requested annexation."
Councilmember Winokur withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-61.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
(Councilmember Winokur withdrawn)
THE MOTION CARRIED.
Councilmember Edwards made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 45, 1991 on First Reading.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None. '
(Councilmember Winokur withdrawn)
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 46, 1991 on First Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
(Councilmember Winokur withdrawn)
THE MOTION CARRIED.
Resolution 91-64
Endorsing Federal Legislation for
the Proposed Cache La Poudre River
National Water Heritage Area, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
United States Senator Hank Brown is preparing to introduce legislation
designating the Cache La Poudre River National Water Heritage Area. Senator
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April 16. 1991
Brown is asking for the endorsements of affected interests to demonstrate local
support for the bill.
On March 25, 1991, Council heard a staff report on the status of the project and
reviewed a draft Resolution endorsing designation. Adoption of a Resolution
endorsing designation by the City Council is the next logical step in an
established policy direction to pursue federal recognition for the Poudre .River.
BACKGROUND
Since the 1986 Wild and Scenic designation of the upper reaches of the Cache La
Poudre River, the City of Fort Collins, in partnership with United States Senator
Her... Brown and several other local entities, has evaluated other kinds of
appropriate federal recognition for the lower Poudre River. The proposal for
Rational Heritage Area designation of the Poudre River Basin is the outcome of
a lengthy and complex series of studies, reports and public meetings.
Puroose of Designation. The intention of national heritage designation is to
create an area -wide plan for the interpretation of nationally significant
resources relating to a nationally significant theme. This is accomplished
through the coordinated efforts of local interests with technical and funding
assistance from the National Park Service. Some of the purposes served by this
effort include the recognition and interpretation of historic, cultural and
natural resources, recreation planning and economic development.
Since the beginning of the federal designation assessment process, the Poudre
River has been recognized as a "working river". The intensive municipal and
agricultural water management practices on the river, in addition to native
natural resources, characterize its fundamental values. The proposed theme, or
focus of the Heritage Area would be on the "History of Water Management". The
national significance of the Poudre River lies in its history as the birthplace
of modern water management practices.
By leveraging --a "History of Water Management" theme, the Cache La Poudre River
Rational Water Heritage Area will result in a framework to achieve multiple
objectives for cultural, natural and recreation resource conservation and
management.
Legislation. City staff has worked closely with Senator Brown to craft
legislation that recognizes the Poudre River's fundamental values and protects
important local interests. A draft of the legislation has been widely circulated
to obtain the comment of numerous regional affected interests. The legislation
Provides for:
1. A locally -nominated and federally -appointed Heritage
Commission that will develop the interpretation and
management Plan for the Area and determine sources for
' initial and on -going funding to be matched by federal contributions;
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April 16, 1991 '
2. Local control over local matters, especially pertaining
to water management and water rights; and,
3. The achievement of multiple objectives for cultural,
natural and recreation resources. These objectives
include resource enhancement and protection, as well as
educational opportunities relating to resource manage-
ment.
Congressional review of the heritage bill will follow introduction. It is
important the City closely track this review, and provide testimony as needed.
Deletion or amendment of legislative provisions for local control may negatively
impact the City's interests.
Position of Other Interests. There is substantial interest in and support from
other national, regional and local interests. In March, members of Council met
with Congressional interests that are actively tracking the project. The City
of Greeley has also expressed interest and support, and has asked for a joint
worksession of both City Councils and affected advisory board chairpersons (that
meeting has tentatively been slated for the evening of April 30). Colorado
State University, the Northern Colorado Water Conservancy District, and Larimer
County have been key players since the beginning and are supportive. '
Non-public interests are also reviewing the legislation and formulating
_2sitions. On March 21, the Poudre River Trust voted to write letters of
endorsement for the legislation to Senator Brown. Staff anticipates similar
support is forthcoming from the Fort Collins Historical Society. Most water
users are neutral, as long as there are legislative provisions for the "working
river" aspects of water management.
Although there has been extensive media coverage and public involvement since
the Wild and Scenic designation in 1986, it is likely that pockets of opposition
will surface if the designation is successful. In anticipation of this, the
Heritage Commission mandated by the heritage legislation is designed to allow
the representation of as many interests as possible during the planning and
implementation of the National Water Heritage Area.
CONCLUSION: Previous Resolutions adopted by Council in 1989 and 1990 set the
direction to investigate and pursue federal designation of the Poudre River.
The attached Resolution endorsing the legislation for the Cache La Poudre River
National Water Heritage Area is the logical next step in achieving federal
recognition.
The Council Resolution, .along with written endorsements by other affected
interests, will be enclosed with the heritage bill to be introduced by Senator
Brown. A primary factor in the success of the bill will be the local support
demonstrated for it. '
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April 16, 1991
RECOMMENDATION
Staff recommends adoption of the Resolution endorsing the legislation designat-
ing the Cache La Poudre River National Water Heritage Area."
Councilmember Winokur withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-64.
Councilmember Horak stated Council's direction is to support concepts rather
than specific bills, noting the language in the resolution was inconsistent with
that direction.
Wayne Garretson, 5300 South County Road 3F, spoke in support of the Resolution.
William Swats, 4801 East Harmony Road, commented on the positive aspects of the
bill but stated he opposed the government regulations. He spoke of his concerns
regarding the Poudre River's water quality.
Robert Steiben, President of the Cache La Poudre Water Users Association and
Manager of North Poudre Irrigation Company, spoke in support of the bill.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick and Maxey. Nays: None.
(Councilmember Winokur withdrawn)
THE MOTION CARRIED.
Staff Reports
City Manager Steve Burkett gave a brief report regarding the sale of SouthRidge
and spoke of plans for the next year of operation. He commended staff for its
work on the project.
Councilmember Winokur reported that the City Police Department and County
Sheriff's Office are working jointly in the funding and grant writing process
for the Team Fort Collins program.
Councilmember Fromme thanked her family and campaign committee for their
support.
Mayor Kirkpatrick reported that she, Mayor Pro Tem Azari and Deputy City Manager
Diane Jones had met with Larimer County Commissioners to discuss the National
' Water Heritage Area as well as the Northeast Fort Collins Transportation Study.
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April 16, 1991 '
She stated the Commissioners voiced their support for the National Water
Heritage Area and indicated they would be considering a similar resolution.
Ordinance No. 26, 1991,
Authorizing the Sale
of SouthRidge Golf Course
to Accent Resources, Inc., Failed
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On February 19, Council voted 6-1 to adopt on First Reading Ordinance.No. 25,
1991, which authorizes the sale of SouthRidge Golf Course to Accent Resources,
Inc. The Accent Resources proposal was received in response to an invitation
to bid from the City and negotiations with Accent Resources and another bidder
who responded to the solicitation of bids.
Staff recommended the Accent Resources proposal to purchase the course for 53.2
million because it was a cash offer and is sufficient to payoff the remaining
sales and use tax debt attributed to the SouthRidge Golf Course. This
recommendation is consistent with the Council goal to reduce the sales tax
subsidy of the Golf Course and helps reduce the City's debt burden. '
On February 19, 1991, the City and Accent Resources entered into an Agreement
of Purchase and Sale of Real Property (the "Agreement") for the City's sale of
the SouthRidge property. On March 4, 1991, the City and Accent Resources
entered into an Addendum that amended the Agreement (the "Addendum"). The
Addendum extended the date for Council's approval of this Ordinance on second
reading from March 5, 1991, to March 19, 1991. The Addendum did not change any
of the other terms of the Agreement.
On March 5, Council postponed consideration of this Ordinance to March 19, 1991,
and unanimously adopted Resolution 91-35 which provides that the proceeds from
the sale of SouthRidge be.used to fund an escrow account which will retire the
portion of the outstanding 1986 Sales and Use Tax Refunding Improvement Bonds
attributable to the course.
On March 19, 1991, the City and Accent Resources entered into a Second Addendum
that amended the Agreement and the Addendum. This Second Addendum extended the
date for Council's approval of this Ordinance on second reading from March 19,
1991, to April 16, 1991. The Second Addendum also extended other dates in the
Agreement and made the Agreement contingent upon Accent Resources' approval of
a land survey to be provided by the City to Accent Resources pursuant to the
Agreement.
Also on March 19, 1991, Council postponed consideration of the second reading '
of this Ordinance to this date."
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April 16, 1991
NO ACTION TAKEN, ORDINANCE FAILED.
Resolution 91-65 Defining
the City Council's Intention
to Conduct a Transportation
Study for the Northeast Area
of the City of Fort Collins. Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The City of Fort Collins for many years has worked with the Colorado Department
of Highways on a State highway project in the northeast area of the city,
commonly referred to as the Expressway or Bypass Project. At this time that
project is on hold.
The City of Fort Collins believes that this northeast area of the community
plays a significant role in the transportation system for the entire community.
It has become evident, over time, that the State of Colorado's highway project
does not adequately define current transportation issues in this area of the
city. The City believes it is now necessary to clearly identify the current
transportation issues and needs of the northeast area of the city and develop
solutions that will address both short-term and long-term needs for this area.
An area wide transportation study of the northeast portion of the community is
proposed. This northeast area is defined by the boundaries of Douglas Road on
the north, Interstate 25 on the east, College Avenue on the west and Mulberry
Street (Colorado 14) on the south. This study will involve a technical
analysis, and will address the public policy concerns associated with the
transportation system in this area. A public outreach program will be a major
component of this effort.
Preliminary cost estimates are in the range of 5110,000 to S130,000. The study
cost will be more accurately defined as a part of the consultant selection
process. An appropriation ordinance and source of funds will be considered by
Council after the consultant selection process has identified a consulting firm
capable of providing the needed services. That selection process will emphasize
the selection of a consulting firm that has the technical as well as the public
outreach skills to adequately meet the needs of this type of study. The study
will be completed in a reasonable time frame that will allow for adequate
citizen participation and interaction.
The expected products from this study will be conceptual solutions on the State
highway system, the city street system'and possibly the county road system that
will address transportation needs throughout the northeast area. It is possible
177
April 16, 1991 '
that some solutions will need to take place outside of the study area.
Transportation Division staff will provide project management and coordination
for this study. The addition of this workload during 1991 will impact the
existing work program. The following projects would be delayed:
Current Completion New Completion
Date Date
Traffic Signal
Improvement Project July, 1991 September, 1991
Transportation Division
5-Year Budget Plan July, 1991 November, 1991
Harmony Corridor
Bike Plan September, 1991 December, 1991
The City will work with other governmental agencies, primarily Larimer County
and the State Highway Department, to ensure study effort coordination.
Based on discussion with Council and transportation consulting firms, a '
tentative schedule for the study follows:
May - June 1991 Consultant Selection
July - December 1991 Issue/Need Identification,
Data Gathering
January - April 1992 Identification of Solutions"
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-65.
Acting Development Services Director, Diane Jones presented background
information relating to this item.
Mayor Kirkpatrick stated the County Commissioners appeared skeptical and
reluctant about contributing to the study.
Councilmember Fromme spoke of the impact the project would place on the existing
staff workload and recommended the Study begin in September.
Councilmember Horak spoke in support of the Resolution and requested options
dealing with timeline issues.
178 1
I
April 16, 1991
Councilmember Winokur made a motion, seconded by Councilmember Maxey, amending
Resolution 91-65, deleting item +2 in the "NOW THEREFORE" clause.
The vote on Councilmember Winokur's motion was as follows: Yeas:
Councilmembers Maxey and Winokur. Nays: Councilmembers Azari, Edwards, F.romme,
Horak and Kirkpatrick.
THE MOTION.FAILED.
The vote on Councilmember Maxey's motion to adopt Resolution 91-65 was as
follows: Yeas: Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick,
Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 49, 1991, Clarifying
the Functions of the Building Review
Board in Relation to the Handicap Accessibility
Requirements of the State Statute and Providing
Criteria for the Granting of Exceptions to the
Statutory Handicap Accessibility Requirements Adopted
' The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The first part of the proposed ordinance is a "housekeeping" amendment to the
Code. It identifies the Building Review Board as the appropriate local
governmental unit to hear requests for exceptions to the statutory requirements
for handicap accessible units in new multi -family housing projects.
The second part of the ordinance provides guidance to the Building Review Board
as to how to interpret the very general statutory provision for granting
exceptions to the accessible housing requirements. It establishes more specific
local criteria as part of the City Building Code. This part of the ordinance
would also prohibit the practice of building all accessible units as one -bedroom
units in a particular development. The ordinance would require the same
features or options offered in the non -accessible units be offered
proportionately in the accessible units.
BACKGROUND:
Article 5, Section 9 of the C.R.S. contains requirements for ensuring that one
of every seven units in new multi -unit housing developments and: new lodging
facilities is accessible to people with physical disabilities. Section 9-5-
102(I) further empowers local government to grant "exceptions" to the
requirements as follows:
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April 16, 1991 '
the governmental unit responsible for the enforcement of this
Article shall grant exceptions to or modify any particular standard
or specification when it is determined that it is impractical and
would create an unusual hardship or would unreasonably complicate
the construction, alteration, or repair in question."
Historically, the Building Review Board has heard exception requests given its
quasi-judicial capacity to determine the suitability of alternative methods of
construction, even though such authority is not spelled out in the Code. The
proposed ordinance would specify that this function is appropriate for the
Building Review Board, rather than leave any confusion about which governmental
unit is the appropriate one to consider exceptions.
As a result of last November's appeal to Council that overturned an exception
previously granted by the Building Review Board, Council asked that specific
guidelines be developed for reviewing exception requests. Members of the
Commission on Disability and the Building Review Board formed a joint
subcommittee and developed such guidelines, which have been incorporated into
the proposed ordinance.
The Americans With Disabilities Act, of July 1990, is the model for the
ordinance's specific "hardship" criteria. These criteria limit exceptions to
those which are based on physical conditions unique to a particular site.
ordinance further describes such unique conditions as "topography, terrain, or The
'
geology not typically encountered in the City." This approach is consistent
with other types of variance criteria applied across the country, where the
variance process is the mechanism used to mitigate certain unique conditions that
are not addressed by the usual development requirements.
At present, under the broadly -worded statutory exception provisions, particular
properties may be inadvertently penalized by inconsistent interpretations of the
existing criteria. Under the proposed ordinance, the sole reason for granting
an exception would be unique site conditions. Other kinds of difficulties
related to compliance will no longer be construed as grounds for a hardship.
Many of the past exceptions were granted solely on the basis that local demand
and need statistics did not justify the strict application of the statute.
Granting local exceptions by simply questioning the validity of a State standard
is inappropriate. Otherwise, most national and State regulations applicable
locally could be challenged using a similar rationale.
Finally, the ordinance would address the concerns raised about "equal
opportunity" for disabled individuals living independently and families with
disabled members. It would require that handicap accessible units "have the same
ratio of bedrooms and other features" as provided in the non -accessible unit mix.
Under the present regulations, a new multi -unit housing development could fully
comply with the statute by having the required number of accessible units be all
one -bedroom units without patios, garages, etc., even though the non -accessible
units in a development are offered with multiple bedrooms and other features." '
180
' April lo, 1991
Councilmember Fromme made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 49, 1991 on First Reading.
Director of Building Inspection Felix Lee gave a brief presentation on this item
and responded to Council questions.
Councilmember Winokur commended staff for its work on the project.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 47, 1991, Amending the Code
Relating to the Water Board, Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
On April 2, Fort Collins voters adopted a Charter Amendment to delete Water
Board references from the Charter. With the adoption of this Charter Amendment,
Water Board composition can now be changed by ordinance. Specifically, the
ordinance amends Chapter 2 of the Code to eliminate the two alternate positions
on the Board by changing the composition of the Board from 10 regular members
and 2 alternates to 11 regular members, effective July 1, 1991.
BACKGROUND:
On July 3, 1990, Council adopted Resolution 90-100, which established a policy
for the elimination of alternate positions on boards and commissions. That
Resolution provides for the Council liaison assigned to each board or commission
which currently has alternate positions to make a recommendation for changes in
the composition of the board or commission to which he or she is assigned, in
order to achieve the elimination of alternate positions.
Councilmember Maxey, as liaison to the Water Board, is recommending that the 2
alternate positions on the Board be eliminated by changing the composition of
the Board from 10 regular members and 2 alternates to 11 regular members. One
of the alternate positions on the Board expires July 1, 1991. The other
alternate position does not expire until July 1, 1992.
Adoption of the Ordinance with an effective date of July 1, 1991 will eliminate
the alternate positions without causing either of the alternates to have their
service on the Board terminated. One of the regular members on the Board, Henry
Caulfield, has indicated that he does not plan to seek another term on the Board
when his term expires July 1, 1991. Therefore, one of the alternate members
181
April 16, 1991 '
could be moved into Mr. Caulfield's position, while the other alternate member
could be appointed to fill the 11th position on the Board."
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 47, 1991 on First Reading.
City Clerk Wanda Krajicek gave a brief presentation on this item and clarified
that members of the Water Board are exempt from the two year term limitation.
Councilmember Edwards made a motion, seconded.by Councilmember Fromme, amending
Ordinance No. 47, 1991 under Section 2-427, inserting an additional paragraph
to read as follows: "(c) No member shall serve more than three (3) consecutive
terms".
Councilmember Winokur offered an amendment to the previous motion to insert the
word "full" to make the paragraph read as follows: "(c) No member shall serve
more than three (3) consecutive full terms".
Councilmembers Edwards and Fromme accepted Councilmember Winokur's motion as a
friendly amendment to their previous motion.
The vote on Councilmember Edwards' motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. '
Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 47, 1991 as
amended on First Reading was as follows: Yeas: Councilmembers Azari, Edwards,
Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-66 Assigning
Councilmembers as Liaison
Representatives to Various
Boards and Commissions and
Appointing Councilmembers to
Various Committee Assignments Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Each year Councilmembers decide which of the various boards and commissions
liaison appointments and committee assignments are of interest to them as
individuals. A Resolution has been prepared so that the names of individual ,
Councilmembers can be inserted in the blank spaces. Names have already been
182
' April 16, 1991
inserted for two of the committee assignments because those assignments were
recently made by separate resolutions.
A grid showing 1990 assignments and a blank grid are attached as planning tools
for Council's use in determining assignments each member may be interested in
assuming."
It was Council's consensus that the Leadership Team be responsible for selecting
interview teams for the Boards and Commissions applicants.
After discussion and negotiation Councilmember Azari made a motion, seconded by
Councilmember Maxey to approve Resolution No. 91-66 inserting the names read
into the record by City Clerk Wanda Krajicek.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Edwards made a motion, seconded by Mayor Kirkpatrick directing
staff to come back to the May 7th meeting with options or resolutions covering
the closure of the SouthRidge effort.
Councilmember Edwards stated the City has an obligation to inform the public of
the outcome of the SouthRidge sale as well as future plans for SouthRidge.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
After discussion it was decided the application deadline for Boards and
Commissions would be extended an additional 10 days.
Councilmember Horak made a motion, seconded by Councilmember Fromme, to revisit
solar orientation issues at the May 7th meeting for the purpose of receiving
updated information on the current direction.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Edwards, Fromme, Horak, Kirkpatrick and Winokur. Nays: Councilmembers Azari
and Maxey.
THE MOTION CARRIED.
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April 16, 1991 '
Councilmember Horak made a motion, seconded by Councilmember Fromme, directing
staff to prepare a resolution and agenda item declaring the City of Fort Collins'
opposition to the burning of hazardous wastes at the Ideal Cement Plant.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:25 p.m.
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