HomeMy WebLinkAboutMINUTES-01/06/1987-Regular' January 6, 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, January 6, 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: Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein,
and Stoner.
Staff Members Present: Burkett, Huisjen, Krajicek
Agenda Review: City Manager
City Manager Burkett noted there was an item of Other Business dealing with
the acceptance of the petition certification for a ballot issue for the
March 3, 1987 Election.
Consent Calendar
This Calendar is intended to allow the City Council to its
spend time and
energy on the important items on
a lengthy agenda. Staff recommends
approval of
the Consent Calendar.
Anyone may request an item on this
calendar be
"pulled" off the Consent
Calendar and considered separately.
Agenda items
pulled from the Consent
Calendar will be considered separately
under Agenda
Item #15, Pulled Consent
Items.
4. Second
Readino of Ordinancp No.
9ns 1QAA yarn+inn an All.,,
R. P. Plaza, Ltd, owners and developers of the Robinson Piersal Plaza,
are requesting the vacation of the alley in Block 124 of the City to
conform with the needs of the approved P.U.D. The affected utilities
have no objection to the proposed vacation. The existing alley still
has a sewer line, a gas line and telephone poles located within it.
This Ordinance vacating the alley was adopted unanimously on First
Reading on December 16. At that time, the developer had agreed by
letter with each affected utility company to bear the costs of removal
and, where necessary, relocation'of the facilities. The vacation was
conditioned upon payment by the `developer to, Mountain Bell and Public
Service Company for the removal and/or relocations. These payments
have now been made.
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January 6, 1987
5.
21
The DDA Board in a unanimous vote approved Resolution 86-14 expressing
an intent to participate in the Linden Hotel Redevelopment project at
a regularly scheduled Board meeting, July 10, 1986.
Restoration of the Linden Hotel will bring a new use into Old Town
Fort Collins. Planned as a boutique style hotel similar to the
Boulderado, renovation of this national historic structure should
significantly contribute to the economic and physical vitality of
downtown Fort Collins. This Ordinance, which was unanimously adopted
on First Reading on December 16, approves the reimbursement contract.
Recognizing the need of businesses and households for assistance to
safely and lawfully dispose of hazardous wastes, Larimer County and
the Cities of Loveland and Fort Collins propose a study of hazardous
waste management alternatives for Larimer County. Larimer County
staff will have the lead role in the one-year, $80,000 project, with
funding contributed by each in proportion to population (Larimer
County - 34%, Loveland - 20%, Fort Collins - 46%). In addition to
reviewing the technology and management options for a county -wide
Hazardous Waste Management Plan, the project includes educational and
outreach programs to assist small businesses and households. This
Ordinance, which was adopted unanimously on First Reading on December
16, appropriates funds for Fort Collins' share.
Items Relating to the Mill First and Mill Second Annexations
Second Reading of Ordinance No. 209, 1986, Annexing Approximately
1.88 Acres, Known as the Mill First Annexation.
Second Reading of Ordinance No. 210, 1986, Zoning Approximately
1.88 Acres, Known as the Mill First Annexation, into the B-P,
Planned Business, Zoning District.
Second Reading of Ordinance No. 211, 1986, Annexing Approximately
2.13 Acres, Known as the Mill Second Annexation.
Second Reading of Ordinance No. 212, 1986, Zoning Approximately
2.13 Acres, Known as the Mill Second Annexation, into the B-P,
Planned Business, Zoning District.
These Ordinances, which were unanimously adopted on First Reading on
December 16, are a request to annex and zone a total.'of approximately
4.01 acres located west of S. College Avenue, south of Harmony Road,
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January 6, 1987
and north of the Cameron Business Park, and place the property into
the B-P zoning district with a condition that all development be
processed as part of a PUD.
Q
City Council passed Resolution 86-73 on April 15, 1986 approving the
incorporation of the Opera House Block Project into the DDA's Plan of
Development. The DDA has approved the contract agreement and has
recommended approval by City Council. The DDA would be obligated to
reimburse to the developer a maximum of $403,945 for the cost of
public improvements, fees, and certain expenses associated with the
relocation of the Bennett Hotel residents. This Ordinance, which was
unanimously adopted on First Reading on December 16, authorizes the
agreement.
0
The Owners of 800 Lemay Properties are currently developing the
property as two lots. In the process of having a title search done
for the lots they discovered an off -site sanitary sewer easement tied
to this property and adjacent property. This sanitary sewer has been
' abandoned and there is no further need for the easement. The Owners
are requesting this easement be vacated so that it may be removed from
the land title.
10.
All utilities have been contacted and have no problems with the
vacation.
The resolution would authorize the City Manager to enter into a
Professional services agreement with Aero-metric Engineering, Inc. of
Fort Collins, for digital planimetric mapping. The cost of services
is not to exceed $180,000. The project will utilize aerial
photographs to produce a computerized mapping system for use by
Utility Services and other City departments.
Water Treatment Plant #2 is in need of additional Gould Modicon
programmable controllers in the amount of $28,731.75. These
' controllers are used in the automated treatment process. This
equipment has proven to meet our standards of performance, reliability
and allows standardization of training in operation and repair.
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January 6, 1987
12. Resolution 87-4 Authori7ina the r.ity Mananor tn rrror ;mot_ , a wi,:__
This resolution authorizes the City to enter into a 25-year agreement
with the Historical Opera House Partnership, Ltd. to lease a maximum
of 185 parking spaces in City -managed parking lots for their
development. This agreement provides sufficient parking spaces to
meet the employee parking needs of the Opera House PUD.
In the event the City cannot provide the parking spaces as identified
in the agreement, it agrees to provide convenient (within 1800' radius
of the Opera House) replacement parking spaces on a one -for -one basis.
The full cost of providing such replacement spaces shall be born by
the Historical Opera House Partnership, Ltd.
This agreement has been accepted in concept by the developer and the
City Parking Commission.
13. Resolution 86-199 Making an Appointment to the Human Relations
Commission.
A vacancy currently exists on the Human Relations Commission due to
the resignation of Ernest Chavez. The individual Council liaison has
reviewed the applications on file.
In keeping with Council's the
'
policy, recommendation for this
appointment was announced on December 16, 1986. The appointment was
tabled to January 6 to allow additional time for public input. The
prospective appointee is as follows:
Human Relations Commission - Chuck Griffin
14. Routine Easements.
a. Powerline easement from Clara, Samuel, and George Farrar for
installation of underground electric services at 616 South Mason.
Consideration: $720.
b. Easement and Right -of -Way Agreement between the City as grantor
and Northern Colorado Water Association for a waterline affecting
the North Shields Pond Recreational Area.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #4.
Item #5.
OEM
January 6, 1987
' Item #6.
Item #7. A.
11
C.
IBM
Item #8.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #9. Hearing
aroW ingandFirst Reading'^e_
of Ordinance No. 1 1987 Vacating an
e
Councilmember Estrada made a motion, seconded by Councilmember Liebler, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 214, 1986, Appropriating
Prior Year Reserves in the Water Fund,
Adopted on Second Reading
Following is staff's memorandum on this item:
"A number of water acquisition opportunities have recently become available
to the City. Staff and Water Board have'reviewed these opportunities and
are recommending that purchases be made. The purchase proposals have been
evaluated by the Water Board and are consistent with both the existing and
proposed water acquisition policies of the Board. Included in the offers
are a total of 1779 units of CBT water and 105 shares of North Poudre
' Irrigation Company stock. These water supplies are compatible with the
City's existing water supply system and will be very useful in meeting
future water demands during drought conditions. The CBT water yields more
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January 6, 1987
water in dry years and less in wet years in order to enhance drought '
protection. This Ordinance, which was adopted 6-1 on First Reading on
December 16, appropriates the funds for these purchases."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Estrada,
to adopt Ordinance No. 214, 1986 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays:
None.
THE MOTION CARRIED.
Resolution 87-3 Making Appointments
to the Street Oversizing Task Force,
Tabled to January 20, 1987
Following is staff's memorandum on this item:
"Executive Summary
On October 21, 1986 Council adopted Resolution 86-173, creating a Street
Oversizing Task Force. Following its creation, staff accepted applications
for membership, with members of Council conducting interviews of the
applicants in December. Nine applicants have been selected and Council
will announce their recommendations at the January 6 Council meeting. '
In keeping with Council's policy, this Resolution will be tabled until
January 20 to allow for public input.
Background
Members of the Task Force will serve one-year terms. Their charge is to
investigate and recommend to Council by October 1, 1987, long-term funding
methods for street oversizing costs, with oversizing costs being defined as
those costs to construct streets beyond that which is required by the
developer of a parcel of land. The Task Force will represent the
development community and the community at large."
Councilmember Stoner made a motion, seconded by Councilmember Horak, to
adopt Resolution 87-3 inserting names as follows:
AT -LARGE DEVELOPMENT COMMUNITY
Michael Ehler Donald Parsons
Ms. Fran Johnson Robert Zakely
C. J. Streit Bill Bartran
Mary Lou Smith Michael Schmid
Jim Kuiken
Councilmembers Stoner and Horak explained their rationale behind the choice I
of these individuals.
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January 6, 1987
i
' Councilmember Estrada made a motion, seconded by Councilmember Rutstein, to
table Resolution 87-3 to January 20. Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution 87-5 Approving the Issuance
of a Revocable Permit to Construct
Development -Related Improvements
in the Public Right -of -May Adopted
Following is staff's memorandum on this item:
"Executive Summary
R.P. Plaza, Ltd., owners and developers of the Robinson Piersal Plaza, have
requested the City grant them a Revocable Permit to allow for the
construction of certain development -related improvements within the public
right-of-way of the streets surrounding their proposed development. The
Planning and Zoning Board conditioned its final approval of the P.U.D.
stating that the developer must receive Council approval of the Revocable
Permit.
The affected utilities have no objections to the proposed encroachments.
Arrangements are being made for the protection or relocation of affected
lines all at the developers' expense. The State Highway Department does not
object to encroachment along College Avenue and has deferred to the City
Revocable Permit to protect their interests. The only objections raised to
the proposed encroachments have been from the Schofield Family Partnership
who object to the loading area encroachment along Magnolia Street.
Staff extensively reviewed the developer's plans during the planning
process and found that a plan with the encroachment was the best
alternative for optimizing the use of the development site.
Background
On November 18, 1985, the Planning and Zoning Board gave final approval for
the Robinson Piersal Plaza P.U.D. Final approval was granted with the
condition that the developer receive City Council approval of a Revocable
Permit for encroachment of the service area of the development into the
Magnolia Street right-of-way. It was determined that, with the PUD
approval, the project was important enough to justify the encroachment.
The developer made application 4or the Revocable Permit on November 21,
1986. The application (copy attached) requests approval of encroachments
into all of the surrounding streets. In summary, the following is a list of
' the encroachments needed.
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January 6, 1987
• Surface Encroachment for the service area and related improvements '
into Magnolia Street.
• Subsurface Encroachment for foundations and mechanical and
electrical systems into College, Magnolia, Remington and Mulberry.
• Surface Encroachment for landscaped area wells into College,
Remington and Mulberry.
Only the first item for the service area encroachment in Magnolia has been
questioned. The encroachment for foundations is common in a downtown area
where the finished wall surface is on the property line and the footings
and caissons spread out underground. Encroachment for the landscaped area
wells was requested by City Staff to provide for openings to the outside in
the lower level parking structure.
All of the utility companies who have facilities in the surrounding
streets, or could have in the future, have reviewed the request and have no
objections to the encroachments. The developer has arranged with Mountain
Bell, Public Service and Light and Power for moving and protecting their
facilities.
Since College Avenue is a State Highway, it was necessary to get the
State's permission for any encroachment. They had no objection to the '
encroachment as long as it could be removed in the future if the highway
needs required it and removal was paid for by the property owner. The State
was not willing to vacate or sell the property. Upon reviewing a draft of
the City's Revocable Permit for Magnolia, they requested that we just
include the College Avenue encroachments in our permit.
The primary objections to allowing encroachment for this development have
been from the Schofield Family Partnership. A letter was received from
them last month. A staff memo to City Council, dated December 30, 1986,
discussed and responded to their concerns. A copy of the staff memo is
attached for reference.
Another option considered for allowing the encroachment was to vacate a
portion of the street and give it back to the adjoining property owner.
This was not a good option for a couple of reasons. Vacation is an
irrevocable action and should only be considered if we can say with
absolute certainty that the land would never be needed again. We are not
that certain. In the long term, beyond 20 years, the downtown could
change, and the right-of-way needed. Then we would have to repurchase the
area to widen the street.
The Revocable Permit is the proper way to handle this type of situation and
is provided for in the Charter. The permit may be revoked at anytime and
without cause. The cost of construction and removal of the improvements
are the responsibility of the permittee. Maintenance of the service area '
is also their responsibility. The permit requires :,that the City be
indemnified with the permittees insurance coverage.
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January 6, 1987
' Staff and the Planning and Zoning Board found that issuance of a Revocable
Permit for the encroachment is the best way to protect the City's
interests."
Development Coordinator Mike Herzig reviewed the R-P Plaza project. He
explained the details of the Revocable Permit. He showed slides of the
location and planned development, and addressed the concerns expressed by
the Schofield family. He summarized the review process and staff's
recommendation for issuance of the permit.
Councilmember Rutstein made a motion, seconded by Councilmember Liebler, to
adopt Resolution 87-5.
City Attorney Huisjen, Development Coordinator Mike Herzig, and City
Planner Elaine Kleckner answered questions from Council about various
aspects of this issue.
Bill Van Horn, joint owner/developer of R-P Plaza, explained their fall
back position if the encroachment permit is not issued or is revoked. He
answered questions from Council about the planned project.
Randy Larsen, representing Collins House Partnership and Schofield Family
Partnership (Clock Tower), spoke in opposition to the permit. He stated
they felt their properties to the north of the project will be devalued by
this project with the revocable permit. He cited the aesthetics, the
trash, the sun space, and the parking problems as negative affects on their
property values. He stated he felt a formal policy was needed to address
this type of issue. He stated he felt the project could be redesigned to
avoid this situation. He concluded by saying they supported the project,
but did not support the revocable permit under consideration.
Barbara Allison, 1212 Lynnwood Drive, expressed opposition to issuance of
the revocable permit. She agreed with several points made by Mr. Larsen.
Downtown Development Authority Director Chip Steiner noted that a
substantial redesign of the project would probably void the contract
between the developer and the DDA which could subject the project to
referendum again.
Development Services Director Mike Davis explained why leasing the property
was not a practical solution.
Mayor Ohlson questioned if it was Council's preference to delay this issue
for further information about aesthetics and compensation.
Councilmember Horak stated the issue' for consideration at this time was
granting of the permit, not the aesthetics of the project.
Councilmember Kirkpatrick stated she felt a policy should be developed for
issuance of revocable permits.
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January 6, 1987
Councilmember Rutstein stated she felt in future situations individual t
circumstances would be different, making policy development difficult.
Councilmember Stoner stated he felt if the Council was going to encourage
major development in the downtown inducements have to be made. He stated
he would like to move ahead with consideration of this item.
Councilmember Estrada stated he felt it would be impossible to develop a
comprehensive policy dealing with the issue and added that he would like to
proceed with consideration of this one issue.
Councilmember Liebler stated although she initially preferred to delay this
item, she had received enough information to enable her to vote on the
issue at this time.
Councilmember Rutstein stated she felt this illustrates the kind of
compromises necessary to facilitate redevelopment in the downtown area.
She added that although she was sympathetic to the adjacent property
owners, she felt it was a workable solution, although not a perfect one.
The vote on Councilmember Rutstein's motion to adopt Resolution 87-5 was as
follows: Yeas: Councilmembers Estrada, Kirkpatrick, Liebler, Ohlson,
Rutstein, and Stoner. Nays: Horak.
THE MOTION CARRIED.
Citizen Participation '
Gary Bonner, representing Portraits 'R Us, 305 West Magnolia #252,
protested the Green River Ordinance which prohibits solicitation of private
residences.
Michelle Creeden, address unknown, spoke of an auto accident her family was
involved in at Taft Hill Road and Springfield Drive. She questioned why
the other party involved was not issued a citation for careless driving.
Jim Creeden, Michelle's father, also spoke of the auto accident and read a
letter from a local insurance agent referencing the lack of a citation for
careless driving.
Mayor Ohlson replied that according to the police report, a ticket for
careless driving was not issued because, in the officer's determination,
the accident was caused by the bald..tires on the car. The individual was
ticketed for the bald tires.
Bruce Lockhart, 2500 East Harmony Road, stated he felt the IDRB Ordinance
for the Opera House Project was improperly adopted as an Emergency
Ordinance. He read from the Charter the criteria for an Emergency
Ordinance.
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January 6, 1987
' City Attorney Huisjen replied the Ordinance contained the reasons for
adoption as an Emergency Ordinance. He stated the reasons are sufficient
with a finding made by Council that an emergency does exist. He concluded
he felt the Ordinance was properly considered and was valid.
City Manager's Report
City Manager Burkett introduced newly -hired Deputy City Manager Skip Noe.
Councilmembers' Reports
Councilmember Kirkpatrick stated she had originally intended to pull Item
#10, Resolution 87-1 Authorizing the City Manager to Enter into an
Agreement with Aero-Metric Engineering, Inc., to Provide Digital
Planimetric Mapping Services, because she had several questions and
concerns. She noted the Utility Services staff had answered many of her
questions in advance and she was now convinced this will improve the basic
efficiency and quality of the City's mapping services.
Councilmember Stoner
reported on the upcoming Airport Authority
Retreat to
identify goals and
objectives for the next
1-5 years.
He asked
'
Councilmembers for any input they would like him to
Councilmember Horak stated he would like to see
take to that
how
retreat.
"pie
a
report on
previously
set -in -the -sky"
goals will be achieved.
Councilmember Rutstein questioned the status of
the annexation
of the
Airport property.
Councilmember Stoner
replied it has been completed.
Councilmember Liebler reported on the upcoming Housing Authority retreat
which will include formulation of goals and objectives. She stated she
would be meeting next week with David Herrera of the Housing Authority and
Steve Barbier of Neighbor -to -Neighbor to discuss housing issues such as
replacement housing, single room occupancy housing, etc. She asked
Councilmembers for any questions they might like to have addressed.
Councilmember Rutstein stated she would like to know how the loss of HUD
funds will affect Fort Collins and Larimer County.
Councilmember Horak stated he would like to see the issue of mobile home
park conditions addressed..
Councilmember Estrada agreed':with Councilmember Horak stating he felt some
of the conditions in existing mobile home parks was appalling. He also
' stated he would like to see a policy developed relating to self-reliance
for Housing Authority clients.
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January 6, 1987
Councilmember Estrada reported on
January
the Chamber
of Commerce retreat on
,
14 which he and Mayor Ohlson,
City Manager
Burkett, and Deputy City
Manager Noe would be attending.
Other Business
Motion Accepting
Certification
of
Petition Concerning
Nuclear Test
Ban
Following is staff's memorandum on this item:
"Executive Summary
Attached is the certification of a petition submitted on January 2
concerning a nuclear test ban. The petition has been checked, and it
contains at least 733 signatures of registered City electors, which is
sufficient for the initiated Resolution to be placed on the March 3 regular
election ballot. The text of the initiated Resolution is attached to the
certification.
Background
A petition for a citizen initiated Resolution was received on January 2
from Joe Stern, Julia Judson, Richard Hershcopf, and Steve Slaton. ,
The first step in the initiative process is verification of the signatures
on the petition. The City Clerk's office has verified that the petition
contains at least 733 signatures, which is 10Y of the total number of
ballots cast at the 1985 regular city election.
Council has several options to consider: adoption of the initiated
Resolution without change within 30 days, or placement of the initiated
Resolution on a City election ballot. The Resolution as it is included in
the petition and a Resolution placing the initiative on the March 3 ballot
will be prepared for Council's consideration at the January 20 meeting."
Councilmember Liebler made a motion, seconded by Councilmember Rutstein, to
accept the certification of the petition concerning a nuclear test ban.
Councilmember Horak applauded the actions of individuals responsible for
circulation of the petition for pursuing an,issue they felt important.
Councilmember Liebler agreed with Councilmember Horak and stated she felt
this was the appropriate way;to handle issues of an international nature.
The vote on Councilmember Liebler's motion to accept the certification was
as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Liebler,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
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January 6, 1987
' Mayor Ohlson discussed the schedule for the evaluations of the City
Attorney and Municipal Judge. He suggested the evaluation of the City
Attorney be done in Executive Session on January 20, and the evaluation of
the Judge be done in Executive Session on January 14.
Councilmember Horak stated he would prefer both evaluations be done prior
to worksessions and not on the same evening as a regular Council meeting.
He stated he would like to do the City Attorney's evaluation on January
14th at 5:00.
Councilmember Rutstein suggested the Judge's evaluation be conducted at the
Judge's office.
Councilmember Horak stated he did not feel it appropriate to conduct the
evaluation at the Judge's office and noted individual Councilmembers could
visit the Judge at his office prior to the evaluation.
The consensus of Council was to conduct the evaluation of the City Attorney
on January 14 at 5:00 p.m. No time was set for the evaluation of the
Municipal Judge.
Adjournment
Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to
adjourn the meeting to 5:00 p.m. on January 14. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Liebler, Ohlson, Rutstein, and Stoner. Nays:
None.
The meeting adjourned at 8:40 p.m.
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