HomeMy WebLinkAboutMINUTES-02/16/1988-RegularFebruary 16, 1988
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, February 16, 1988, 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, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur.
(Secretary's Note: Councilmember Horak arrived at approximately 6:35 p.m.)
Staff Members Present: Burkett, Huisjen, Krajicek
Citizen Participation
A. Proclamation Naming February 14-20 as Mortar Board Week was accepted by
Susan Asper, Mortar Board member.
B. Proclamation Naming February 27 as National Trio Day was forwarded to
the appropriate persons.
Larry Scott, 2821 Eagle Drive, requested the name of the Fort
Collins/Loveland Airport be changed to the Larimer County Airport.
Terry Rule, vice-president of the Colorado Chapter of the Golden Key
National Honor Society, spoke of a jazz concert being held on February 21
to benefit CSU's Morgan Library.
Bill Starke, owner of the Northern Hotel Restaurant and Lounge, expressed
concern about the Lincoln Center being in competition with private
businesses for wedding receptions and other functions. He requested
Council conduct a study to determine if the competition is fair.
Agenda Review: City Manager
City Manager Burkett requested an Executive Session at the end of the
meeting.
Councilmember Maxey requested Item #6, Second Reading of Ordinance, No. 14,
1988, Amending Section 23-156 of the Code of the City of Fort Collins;
Relating to Enforcement of Cemetery Rules and Regulations, and Item #17,
Routine Easements, be withdrawn from the Consent Agenda.
Councilmember Mabry asked that Item #13, Hearing and First Reading of
Ordinance No. 26, 1988, Amending Sections 26-278, 26-279, and 26-280 of the
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February 16, 1988
Code to Allow Certain Nonresidential Wastewater Customers to be Charged
According to Winter Quarter Water Use, be removed 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 Item #18, Pulled Consent Items.
5
M.
7.
D
Consider aooroval of the minutes of the regular meeting of February 2
and ad.iourned meeting of February 9.
The Code currently authorizes the City Council to adopt rules and
regulations relating to the operation and maintenance of municipal
cemeteries but does not provide a mechanism for enforcing violations
of such rules and regulations. This Ordinance, which was unanimously
adopted on First Reading on February 2, would provide such a
mechanism.
This Ordinance was unanimously adopted on First Reading on February 2.
The owner of Lots 7 and 8 in Collindale First Tee P.U.D. has requested
that a thirty (30) foot wide utility easement be vacated. Water and
sewer lines have been relocated to another easement, therefore the
utility easement in Lots 7 and 8 is no longer required.
All City agencies and utility companies have been contacted and have
no problems with the -proposed vacation.
Items Relating to Link-N-Greens Second Annexation and Zoning
A. Resolution 88-26 Finding Substantial Compliance and Initiating
Annexation Proceedings for Link-N-Greens Second Annexation.
B. First Reading of Ordinance No. 20, 1988, Annexing Approximately
16.84 Acres Known as Link-N-Greens Second Annexation.
C. First Reading of Ordinance No. 21, 1988, Zoning Approximately
16.84 Acres Known as Link-N-Greens Second Annexation, into the RC,
River Corridor, Zoning District.
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This is a request to annex and zone approximately 16.84 acres located
south of Lincoln Avenue, west of Lemay Avenue and north of the Poudre
River. The requested zoning is the RC, River Corridor, Zoning
District. The property is presently developed as part of the
Link-N-Greens golf course.
Section 22-137 of the Code requires the Financial Officer to transfer
money 'from the General Fund to the bond fund of any special
improvement district where a deferred assessment has been granted by
the City Council to a property owner located in that district.
Although several deferred assessments have been granted in the past,
the transfers in conformance with the Code have never been made. This
Ordinance would make the required transfers as follows:
Special Improvement District #1 $ 1,802
Special Improvement District #67 567
Special Improvement District #71 10,717
Special Improvement District #74 12,790
Surplus and Deficiency Fund 301
$26,177
10. Hearing and First Reading of Ordinance No 23 1988 Appropriating
Unanticipated Revenue of $7 300 from the Colorado Division of Highway
Safety for the Fort Collins Drunk Driving Enforcement Program
The Police Department has been awarded a grant from the Colorado
Division of Highway Safety totalling $50,000. These monies are
provided from fees assessed against convicted drunk drivers across the
state. These funds will be used to support the already existing drunk
driving enforcement program within the department. The grant will
provide for the majority of the salary for the DUI officer assigned to
the lead on drunk driving enforcement.
Since the 1988 Budget included the Colorado Division of Highway Safety
revenue in the amount of $42,700, only $7,300 needs to be appropriated
at this time for expenditure in the Police Department's Drunk Driving
Enforcement Program.
Eguipment.
The purpose of this Ordinance is to appropriate $26,000 of prior, year
undesignated reserves in the Golf Fund for the outright cash purchase
of a 1988 five -gang Toro mower for Collindale Golf Course, replacing a
Ransome five -gang mower, rather than acquire the mower through the
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February 16, 1988
12.
13.
14.
15.
lease/purchase process as was originally intended. When the 1988 Golf
Fund budget was proposed and adopted by Council, it was staff's intent
to lease/purchase this piece of capital equipment because of the
relatively high price. However, after review of the Golf Fund 1987
projected ending year financial condition, staff is now recommending
the outright cash purchase rather than lease/purchase of the mower.
The Joint City/County Block 31 account is used to fund the operations
and maintenance of Block 31 property. In late November 1987, Finance
stated that prior to expending funds from this account, money must now
be appropriated.
Use.
Wastewater service charges for most nonresidential customers are based
on monthly water use. Some customers who have high water use in the
summer due to lawn watering have correspondingly high wastewater
service charges. This Ordinance provides an option for more equitable
service charges by basing the charges on winter quarter water use.
The Resolution would authorize the City Manager to enter into a
contract with Dr. William L. Boyd of CSU to conduct fish and benthic
biosurveys in the Poudre River during 1988. The biosurveys are
necessary to assess the impact of wastewater discharges on aquatic
life in the River.
Council has approved an appropriation• of $34,000 for the design of
Rossborough Park. Staff has selected EDAW, Inc. to provide the
services necessary to complete the design of the project. The
Professional Services Agreement will be for a. fee not to exceed
$24,400, and, therefore, requires Council approval.
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February 16, 1988
1 16, Resolution 88-29 Authorizing the Execution of a Memorandum of
Understanding with Larimer County and the U.S. Forest Service for a
National Recreation Area Study.
This Memorandum of Understanding between the City, the County, and the
Forest Service outlines roles and responsibilities for carrying out
the studies mandated by federal law to determine whether or not a
portion of the Cache La Poudre River should be designated as a
National Recreation Area. The Memorandum is now ready for the Mayor's
signature and execution.
17. Routine Easements.
a. Easements for Westside Water Transmission Main
(1) Easement from Colorado State Board of Agriculture.
Consideration: $10,756.
(2) Easement from John 0. Fuhr and Adrian J. Fuhr. Consideration:
$10.
(3) Easement from Marion Hazel Bonnema. Consideration: $3,329.
(4)
Easement from
Arapahoe Farm Inc.
Consideration: $14,400.
(5)
2 Easements from Mountainridge
Farm Inc. Consideration: $10
(6)
and E697.
Easement from
Poudre R-1 School
District. Consideration: $10.
(7)
Easement from
Chism Homes, Inc.
Consideration: $22,000.
a
.(8) Easement from State Federal Savings and Loan Association of
Lubbock. Consideration: $5,000.
As part of the Water Utility Department's continuing effort to
provide the upgrade water service to the southwest portion of the
City, the Westside Water Transmission Main has been designed. The
work includes the construction of approximately 5 1/2 miles of
varying pipe sizes starting at Lake Street/Overland Trail and
ending at Shields/Horsetooth Road. These easements are 9 of the
18 needed for the water transmission main. Consideration is based
on value estimates derived by consultation with M.A.I'.'Appraisers.
b. Easement from Westpac Investors Trust III of Newport. Beach,
California, for a Transfort bus passenger waiting shelter at
University Mall. Consideration: $10.
c. Easement from Philip J. Morse and Neva 0. Morse at 1400 Hillcrest
needed to install underground streetlight services.
Consideration: $1.
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February 16, 1988
d. Easement from Viva Jean McCambridge at 2416 Crabtree Drive needed
to install underground streetlight services. Consideration: $1.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6.
Item #7.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #8. B.
C.
Item #9.
Item #10.
Item #11.
Item #12.
Item #13.
Councilmember Stoner made a motion, seconded by Councilmember Winokur, to
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
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February 16, 1988
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Ordinance No. 14, 1988, Amending
Section 23-156 of the Code of the City
of Fort Collins Relating to Enforcement
of Cemetery Rules and Regulations,
Tabled on Second Reading to March 1
Following is staff's memorandum on this item:
"The Code currently authorizes the City Council to adopt rules and
regulations relating to the operation and maintenance of municipal
cemeteries but does not provide a mechanism for enforcing violations of
such rules and regulations. This Ordinance, which was unanimously adopted
on First Reading on February 2, would provide such a mechanism."
Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner,
to adopt Ordinance No. 14, 1988 on Second Reading.
Assistant to the Director of Parks and Recreation Jerry Brown responded to
questions regarding the Code provision for the posting of hours at the
cemeteries.
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
table Ordinance No. 14, 1988 on Second Reading to March 1 to include a
modification to the Code relating to the posting of cemetery hours. Yeas:
Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and
Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 26, 1988, Amending
Sections 26-278, 26-279, and 26-280 of
the Code to Allow Certain Nonresidential
Wastewater Customers to be Charged
According to Winter Quarter Water Use,
Tabled for a Period Not to Exceed Sixty Days
Following is staff's memorandum on this item:
"Financial Impact
Operating revenue for the Sewer Fund will decrease slightly. The amount
will depend on how many customers desire to take advantage of the proposed
optional method of calculating wastewater service charges. It is expected
that, during the next year, the decrease will be less than .2% of total
operating revenue and therefore will not have a significant impact on the
wastewater utility.
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February 16, 1988
Executive Summary
Wastewater service charges for most nonresidential customers are based on
monthly water use. Some customers who have high water use in the summer
due to lawn watering have correspondingly high wastewater service charges.
This Ordinance provides an option for more equitable service charges by
basing the charges on winter quarter water use.
Background
During recent years, the Utility has received occasional inquiries and
complaints from nonresidential customers regarding the method of computing
wastewater bills. Most wastewater service charges for nonresidential
customers are based on monthly water use. Customers that do not have a
separate water service line for irrigation purposes usually experience
higher wastewater bills during the summer months as a result of lawn
irrigation. About two years ago, an ordinance was adopted which allowed
churches and other nonresidential customers which discharge wastewater of a
type similar to residential. customers to be assessed charges based on
winter quarter water use (average monthly water use during December,
January, and February). The proposed Ordinance would allow additional
nonresidential customers, such as schools, the option of having wastewater
charges based on winter quarter water use.
Wastewater service charges are computed differently for the various
customer classifications. Single-family residential units and duplexes are
charged a flat rate. Monthly charges for multifamily units are based on
winter quarter water use. Multifamily indoor water use does not vary much
during the year. Since there is very little lawn irrigation during the
winter months and most of the water used indoors returns to the sewer
system, the winter quarter water use is a good indication of the amount of
wastewater discharged to the sewer system.
Some nonresidential customers, whose wastewater charges are based on
monthly water use, have installed separate water service lines for
irrigation use to avoid excessive wastewater charges during the summer.
Most nonresidential customers, however, do not have a separate water
service line for lawn irrigation. Installing an additional water service
line for an existing customer is much more expensive than installing an
additional line during the initial development of the property. This is
the reason for pursuing an administrative solution rather than requiring an
additional irrigation line.
The wastewater.' discharge for many nonresidential customers is fairly
uniform throughout the year. The proposed Ordinance will allow those
customers the option of having charges based on either winter water use or
monthly water use."
Councilmember Stoner made a motion, seconded by Councilmember Maxey, to
adopt Ordinance No. 26, 1988 on First Reading.
j
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February 16, 1988
a
Councilmember Mabry stated he and
meeting with the School District on
Councilmember
several
Kirkpatrick have
been
matters
and this item is
part
of those discussions. He stated he
would prefer to
delay this item
until
all issues have been resolved with the
School District.
Questions were answered by Utility
Services Director Rich Shannon,
Water
Utilities Director Mike Smith, and
Distribution and
Collection Manager
Jim
Hibbard.
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to table Ordinance No. 26, 1988 for a period not to exceed 60 days or until
other School District issues have been resolved. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
None.
THE MOTION CARRIED.
Routine Easements
Following is staff's memorandum on this item:
"a. Easements for Westside Water Transmission Main
(1) Easement from Colorado State Board of Agriculture. Consideration:
$10,756. (Map #1).
(2) Easement from John D. Fuhr and Adrian J. Fuhr. Consideration:
$10. (Map #1).
(3) Easement from Marion Hazel Bonnema. Consideration: $3,329. (Map
(4) Easement from Arapahoe Farm Inc. Consideration: $14,400. (Map
(5) 2 Easements from Mountainridge Farm Inc. Consideration: S10 and
$697. (Map #1).
(6) Easement from Poudre R-1 School District. Consideration: $10.
(Map #1).
(7) Easement from Chism Homes, Inc. Consideration: $22,000 (Map #2).
(8) Easement from State Federal Savings and Loan Association of
Lubbock. Consideration: $5,000. (Map #2).
As part of the Water Utility Department's continuing effort to provide
the upgrade water service to the southwest portion of the City, the
Westside Water Transmission Main has been designed. The work includes
the construction of approximately 5 112 miles of varying pipe sizes
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February 16, 1988
starting at Lake Street/Overland Trail and ending at Shields/
Horsetooth Road. These easements are 9 of the 18 needed for the water
transmission main. Consideration is based on value estimates derived
by consultation with M.A.I. Appraisers.
b. Easement from Westpac Investors Trust III of Newport Beach,
California, for a Transfort bus passenger waiting shelter at
University Mall (see Map #3). Consideration: $10.
c. Easement from Philip J. Morse and Neva D. Morse at 1400 Hillcrest
needed to install underground streetlight services. Consideration:
$1. (Map #4).
d. Easement from Viva Jean McCambridge at 2416 Crabtree Drive needed to
install underground streetlight services. Consideration: $1. (Map
#5)."
Right -of -Way Agent Ron Mills briefly described each easement and responded
to questions from Council.
Councilmember Horak withdrew from further discussion and the vote on this
item due to a perceived conflict of interest.
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to accept the easements and conveyances and authorize the Mayor to execute
the appropriate agreements. Yeas: Councilmembers Estrada, Kirkpatrick,
Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmember Horak
withdrawn) a
THE MOTION CARRIED.
Ordinance No. 13, 1988, Amending Section
2-293 of the Code of the City of Fort
Collins Relating to the Functions of
the Library Board. Adopted on Second Reading
Following is staff's memorandum on this item:
"This Ordinance, which was adopted 5-2 on First Reading on February 2,
would empower the Library Board to accept, maintain, administer and use the
gift of money paid to the Library Board as beneficiary of the Henry Trust."
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 13, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays:
Councilmember Horak.
THE MOTION CARRIED.
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February 16, 1988
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Items Relating to the OakRidge
Special Improvement District No. 91
Following is staff's memorandum on this item:
"Financial Impact
The Bond Ordinance provides for the issuance of $2,245,000 of special
assessment bonds to cover the costs of the District. The underwriting fee
amounts to $56,125, resulting in net bond proceeds of $2,188,875. Of this
amount, $335,000 of proceeds will be deposited in the Bond Fund and the
remaining $1,853,875 will be deposited in the Capital Projects Fund. Total
appropriations in the Capital Projects Fund of $1,862,000 includes expected
interest earnings in idle bond proceeds.
The Appropriations Ordinance provides for $153,008 from the Street
Oversizing Fund and $15,504 from the Water Oversizing Fund to cover the
City's costs associated with the District.
Executive Summary
A. Second Reading of Ordinance No. 16, 1988 Authorizing the Issuance of
OakRidge Special Improvement District No. 91 Special Assessment Bonds.
B. Second Reading of Ordinance No. 17, 1988 Authorizing the Transfer of
Appropriated Amounts from the Street Oversizing Fund to the Capital
Projects Fund.
These Ordinances were adopted 6-0 on First Reading on February 2.
The Creation Ordinance for the OakRidge Special Improvement District No. 91
("the District") was adopted by the Council on First Reading at the regular
meeting of July 21, 1987 and was finally adopted on August 4, 1987. The
District consists of approximately 169 acres of land located in the
southeast portion of the City adjacent to and southeast of the intersection
of Lemay Avenue and Harmony Road. Property within the District is a part
of the 285-acre OakRidge Planned Unit Development and is zoned for mixed
use development. The property owners anticipate that the land in the
District will be used primarily for retail, office, light industry, light
manufacturing, high technology and residential development.
The improvements to be completed in the district include street pavement,
curb, gutters, sidewalks, street lighting, landscaping, landscaped median
islands, water mains, sanitary sewer lines, and storm drainage
improvements. Land in the District is zoned for mixed uses and is
presently owned by Everitt Enterprises Limited Partnership No. 1, a
Colorado limited partnership and Hercules Industries, Inc.
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February 16, 1988
SOURCE & USE OF FUNDS
Source of Funds*
Bond Proceeds
Total
Uses of Funds*
Construction (including 5% contingency)
Engineering and administration
Capitalized interest (1)
Issuance expenses (including
Underwriter's discount) (2)
Total
$2,245,000
$2,245,000
$1,440,846
271,644
335,000
197,510
$2,245,000
(1) The amount of capitalized interest plus investment income thereon is
estimated to be sufficient to pay interest on the Bonds through March
1, 1990. The Underwriter has estimated investment income at a rate
of 7.0% per annum.
(2) Includes a City fee of $15,373 to cover its administrative charge for
City engineering costs in connection with the District."
Councilmember Mabry withdrew from the discussion and vote on these items
due to a perceived conflict of interest.
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 16, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Stoner, to
adopt Ordinance No. 17, 1988 on Second Reading. Yeas: Councilmembers
Estrada, Horak, Kirkpatrick, Maxey, Stoner, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Review of Revocable Permit to
Construct Improvements in the Public
Right -of -Nay, Robinson-Piersal Plaza,
Motion to Revoke Permit Denied
Following is staff's memorandum on this item:
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February 16, 1988
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"Executive Summary
It has been requested by the City Council Leadership Team that the
Robinson-Piersal Plaza Revocable Permit be reviewed in light of the revised
preliminary P.U.D. approval granted by the Planning and Zoning Board on
February 1, 1988.
On January 6, 1987, Council adopted Resolution 87-5 that approved the
issuance of a revocable permit to Robinson-Piersal Plaza, Ltd. for
construction in the public right-of-way of certain improvements related to
the Robinson-Piersal Plaza project.
The improvements, as approved, are on Magnolia Street, Remington Street,
Mulberry Street and College Avenue.
The utilities involved have been contacted and there were no objections to
the proposed encroachments.
The developer will bear all expenses involved with any utility relocations.
The Colorado Highway Department did not object to the encroachments on
College Avenue. The conditions of the permit provide for their concerns.
Staff extensively reviewed the plans for the project in 1985, 1986, and
1988. Staff recommends that the permit remain in effect.
Background
I. On November 18, 1985, the Planning and Zoning Board granted 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 the project
was sufficiently important to the viability of downtown to justify the
encroachment.
The developer made application for the revocable permit on November 21,
1986. The application (copy attached) requested approval of encroachments
into all of the surrounding streets. In summary, the following is a list
of the requested encroachments:
1. Subsurface encroachment for foundations and mechanical and
electrical systems into College Avenue, Magnolia, Remington and
Mulberry Streets.
2. Surface encroachment for landscaped area wells into College,
Remington and Mulberry.
3. Surface encroachment for the service area and related improvements
into Magnolia Street.
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February 16, 1988
The encroachment for foundation footings is common in areas where the
finished wall surface is on the property line. Encroachment for the
landscaped area wells was requested by City Staff to provide for openings
to the outside in the lower level parking structure.
Item 3, dealing with the service area encroachment in Magnolia, has been of
concern.
A71 of the utility companies which 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. The Highway Department had no
objection to the encroachment as long as it could be removed in the future
if required by the State. The department was not willing to vacate or sell
the property. Upon reviewing a draft of the City's Revocable Permit for
Magnolia, the State requested that .the City include the College Avenue
encroachments in the permit.
The primary public objections to the encroachments of this development into
the public rights -of -way have been from the Schofield Family Partnership.
A letter was received from the Schofields in December, 1986 at the time the
Council was considering the encroachment permit application. A staff memo
to City Council, dated December 30, 1986, discussed and responded to the
concerns raised. A copy of the staff memo is attached for reference.
On January 6, 1987, City Council granted the Revocable Permit. Staff
believes that a 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
any time and without cause. The cost of construction and removal of the
improvements is the responsibility of the permittee. Maintenance of the
encroachment area is also the permitee's responsibility. The permit
requires that the City be indemnified with the permittee's insurance
coverage.
II. Due to the elimination of the housing component from the project by
the developer, a revised preliminary and final PUD plan was submitted to
the Planning and Zoning Board for consideration. On February 1, 1988, the
Board granted the requested preliminary approval only. The Board made no
recommendation concerning the revocable permit. The Board will consider
the final plan at its meeting in March.
Specific street system questions were raised at the January 25 and February
1, 1988 meetings of the Planning and Zoning Board, and an additional staff
memo is attached hereto for the purposes of responding to these questions.
Staff believes that the revocable permit duly authorized by the Council on
January 6, 1987 is valid today. Conditions upon which the permit was
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February 16, 1988
granted have not changed. Staff believes that the original P.U.D., as
amended by the Planning and Zoning Board to exclude the housing component,
has not altered the need or justification for the continuance of the
encroachment permit based on the permitted uses that have necessitated the
issuance of the permit."
Director of Development Services Mike Davis gave a history of this permit.
He and Traffic Engineer Rick Ensdorff responded to questions from Council.
Ed Zdenek, project planner with ZVFK, reviewed the Robinson-Piersal Plaza
project and answered questions from Council.
Barbara Allison, 1212 Lynnwood Drive, expressed concern that the project no
longer contains low-income housing. She stated the project as currently
planned is not what the citizens approved at an election. She urged
Council to take a closer look at the project.
Chuck Patton, 1229 Teakwood Drive, posed questions about the size and value
of the easement.
Barbara Schofield, 1801 Lakeshore Circle, raised questions about traffic
flow and the provisions of the permit.
John Schofield, 1801 Lakeshore Circle, gave a brief overview of the
problems with the easement as determined by the Schofield Partnership.
Mrs. Schofield recapped her objections to the easement, noting that the
project no longer contains a public benefit.
Councilmember Horak made a motion, seconded by Councilmember Kirkpatrick,
to revoke the Robinson-Piersal Plaza permit to construct improvements in
the public right-of-way.
Councilmember Horak stated he was never in favor of this permit and he did
not believe the permit was valid for the amended PUD. He added he was not
threatened by possible use -by -right development of the property if the
permit is revoked.
Councilmember Stoner stated he believed development of the site through the
PUD process was of benefit to the public. He stated special arrangements
should be made to assist redevelopment in the downtown area.
Councilmember Kirkpatrick stated she did not believe the use -by -right
option was a threat, but noted the PUD process was preferable to her. She
stated she did not believe it was in anyone's interest for the City to take
a combative stance on this issue. She stated she was not in favor of
revoking the permit.
Councilmember Winokur stated the issue for consideration was the
encroachment, not an appeal of a Planning and Zoning Board decision or
review of a PUD. He indicated he would have preferred a recommendation
from the Planning and Zoning Board on this issue. He stated one of the
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February 16, 1988
arguments for granting the encroachment permit has been the enhanced
design, and he did not believe it was an adequate reason for granting the
permit. He stated the current project is substantially different from the
original proposal, and does not contain the same public benefit. He
believed the public trust would be betrayed if the permit is allowed to
stand.
Mayor Estrada stated he did not believe the encroachment permit would have
been granted if the public housing portion of the project did not exist.
He agreed that the project is significantly different from the original
proposal and stated he would not support the continuance of the permit.
The vote on Councilmember Horak's motion to revoke the encroachment permit
was as follows: Yeas: Councilmembers Estrada, Horak, and Winokur. Nays:
Councilmembers Kirkpatrick, Mabry, Maxey, and Stoner.
THE MOTION FAILED.
Ordinance No. 28, 1988, Fixing the Salary
of the City Manager Adopted on First Reading
Following is staff's memorandum on this item:
"City Council has met in Executive Session to perform the annual evaluation
of City Manager Steve Burkett. This Ordinance will establish the 1988
salary for. the City Manager. Council needs to determine the dollar amount
to be inserted in the Ordinance."
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
authorize the Mayor to make modifications in the City Manager's employment
contract to exclude the $300 per month car allowance provision and include
mileage reimbursement at the City's current rate. Yeas: Councilmembers
Estrada, Horak, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember
Kirkpatrick.
THE MOTION CARRIED.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to
adopt Ordinance No. 28, 1988 on First Reading inserting the words and
figure "seventy-two thousand one hundred dollars ($12,100) per annum".
Councilmember Mabry explained that the consensus of Council was that it was
more appropriate for the City Manager and perhaps others in the
organization to report actual mileage for City business and to be
reimbursed for that mileage.
Councilmember Horak stated he has never been in favor of car allowances and
preferred reimbursement for actual expenses.
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February 16, 1988
Councilmember Kirkpatrick stated given the nature of the City Manager's
position, she believed a car allowance was warranted and therefore did not
support the first motion made by Councilmember Mabry.
Councilmember Winokur stated he also was not in favor of car allowances for
public employees and believed all employees should be reimbursed for actual
expenses. He expressed a desire to eliminate all car allowances currently
given to City employees.
Mayor Estrada explained Council's attempt to be more upfront about
compensation given to its employees by reimbursing employees for actual
expenses.
The vote on Councilmember Mabry's motion to adopt Ordinance No. 28, 1988 on
First Reading was as follows: Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Resolution 88-31 Making an Appointment
to the CHOICES 95 Parks and Open
Space Subcommittee. Tabled to March 1
Following is staff's memorandum on this item:
"A vacancy currently exists on the. Parks and Open Space Subcommittee due to
the resignation of Laurie Klith. The Council liaisons have reviewed the
applications on file and will announce the recommendation at the February
16 City Council meeting.
In keeping with Council's policy, this recommendation will be tabled until
March 1 to allow time for public input."
Councilmember Stoner made a motion, seconded by Councilmember Maxey to
adopt Resolution 88-31 inserting the name of Joanne Waldo.
Councilmember Winokur made a motion, seconded by Councilmember Horak to
table Resolution 88-31 to March 1. Yeas: Councilmembers Estrada, Horak,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick,
to adjourn into Executive Session for the purpose of discussing personnel
matters and potential litigation. Yeas: Councilmembers Estrada,
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February 16, 1988
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
At the conclusion of the Executive Session, Council discussed whether an
Executive Session would be necessary on February 23 to further discuss
water -related legal matters. The consensus was to consider an Executive
Session on February 23 after further review of available materials.
Adjournment
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adjourn the meeting to 6:00 p.m. on February 23 to consider an Executive
Session to discuss water and legal matters. Yeas: Councilmembers Estrada,
Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: Councilmember
Horak.
The meeting adjourned at 9:45 p.m.
Assistant Mayor
A.TTEST:
City tt�y Clerk
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