HomeMy WebLinkAboutMINUTES-12/01/1998-RegularDecember 1,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 1,
1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered bythe following Councilmembers: Bertschy, Byrne, Kneeland, Mason, Smith and Wanner.
Councilmembers Absent: Mayor Azari.
Staff Members Present: Fischbach, Krajicek, Roy.
Presentations
Gary Tumer, Rotary representative, spoke concerning the Rotary Read program and presented award
certificates to approximately 105 youths who participated in the program.
Citizen Participation
Mayor Pro Tern Smith noted that agenda item #17 First Reading of Ordinance No. 220, 1998,
Amending Chapter 4 of the City Code to Add an Exception to the Prohibition on Animals at Large
and item # 18 First Reading of Ordinance No. 221, 1998, Amending Chapter 23 of the City Code by
Adding Provisions Pertaining to Natural Areas have been withdrawn from the agenda.
Yolanda Nicely, 517 East Trilby Road #103, spoke regarding the importance of the truck route to
truckers.
David Bigelow, Larimer County Search and Rescue, asked about the future scheduling of agenda
items #17 and #18.
Al Baccili, 520 Galaxy Court, spoke concerning the sales tax vendor's fee and funding for school
crossing guards.
Kelly Ohlson, 2040 Bennington Circle, thanked Council for its stewardship of open space and
natural areas and stated that increased development fees are not driving increases in home prices.
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Citizen Participation Follow-up
Councilmember Bertschy clarified that no formal action has yet been taken on the truck route
Councilmember Byrne requested a two -page memo regarding vendor fees.
Councilmember Kneeland spoke concerning the City's work with Poudre School District to address
school crossing guard problems.
Mayor Pro Tern Smith thanked the audience for its patience during the Rotary Read presentations.
CityManager Fischbach stated that a staff committee will work on the parks and recreation rules and
regulations, and the Natural Resources Advisory Board and Parks and Recreation Board will review
jointly in January or February at the earliest. He stated that the Search and Rescue dog issue will be
brought forth for consideration at an earlier date.
Councilmember Mason stated that he was uncomfortable with withdrawing item #17 and #18 from
the agenda.
Agenda Review
City Manager Fischbach stated that item #17 First Reading of Ordinance No. 220, 1998, Amending
Chapter 4 ofthe City Code to Add an Exception to the Prohibition on Animals at Large and item #18
First Reading of Ordinance No. 221, 1998, Amending Chapter 23 of the City Code by Adding
Provisions Pertaining to Natural Areas have been withdrawn from the agenda.
City Manager Fischbach noted that item 913 Second Reading of Ordinance No. 216, 1998,
Authorizing the Issuance of $6, 509, 000 of Private Activity Bonds for the Country Ranch Project and
Authorizing the Execution of Certain Related Documents and Instruments is an opportunity for a
public hearing for anyone who would like to withdraw the item from the Consent Calendar.
CONSENT CALENDAR
Consideration and annroval of the Council meeting minutes of September 1. September 15,
October 6 and October 20 and the adjourned meeting minutes of September 22 and October
27, 1998.
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December 1, 1998
Second Reading of Ordinance No. 210, 1998. Appropriating Prior Year Reserves and
Unanticipated Revenue in the Transportation Services Fund for Transfer to the Capital
Projects Fund for the De-icing Materials Storage Proiect.
Ordinance No. 210, 1998, which was unanimously adopted on First Reading on November
17, 1998, appropriates prior year reserves in the Transportation Services Fund to be used for
the de-icing materials storage project.
9. Second Reading of Ordinance No 211, 1998, Amending Various Sections of the City Code
Relating to the Consolidation of the Office of Electric Utility Services and the Office of
Water Wastewater and Stormwater Utility Services.
Ordinance No. 198, 1998, which was adopted on Second Reading on November 17, 1998,
consolidated the Office of Electric Utility Services and the Office of Water, Wastewater and
Stormwater Utility Services into one service area, the Office of Utility Services. In view of
this reorganization it is necessary to also make a number of amendments to the Code to
change references to the "General Manager of the Electric Utility" and the "General Manager
of the Water, Wastewater and Stormwater Utility" to the "General Manager of Utility
Services." Also, references to the "Office of the Electric Utility" and "Office of the Water,
Wastewater and Stormwater Utility" should be changed to the "Office of Utility Services."
The necessary changes are detailed in Ordinance No. 211, 1998, which was unanimously
adopted on First Reading on November 17, 1998.
Following First Reading of this Ordinance, staff discovered an additional Section in the City
Code that requires amendment. Adoption of the Consent Agenda will adopt Ordinance No.
211, 1998, as amended on Second Reading.
10. Second Reading of Ordinance No. 212, 1998, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Safety Belt Program.
Fort Collins Police Services has been awarded a grant from the Colorado Department of
Transportation in the amount of $6,000. This funding will pay for the promotion of seat belt
and child safety seat use in Colorado and the enforcement of laws concerning use of occupant
protection restraints.
On November 17, 1998, Council unanimously adopted Resolution 98-153 Authorizing the
Mayor to Enter into an Intergovernmental Agreement with the Colorado Department of
Transportation Regarding a Grant to the City of Fort Collins for Enforcement and Education
of Seat Belt and Child Car Seat Use in Colorado. On November 17, 1998, Council also
unanimously adopted Ordinance No. 212, 1998, appropriating unanticipated revenue in the
General Fund for the Police Services Safety Belt Program.
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December 1, 1998
it. Second Reading of Ordinance No 213 1998,AmendingOrdinanceNo.161,1998toInclude
a Revised Legal Description for the Vacation of the Rights -of -Way for Elk Road and Otter
Drive as Dedicated on the South Collins Tech Center, First Filing and the South Collins Tech
Center, Second Filing.
On October 6,1998 Ordinance No. 161,1998 was adopted. The intent of the Ordinance was
to vacate the rights -of -way for Elk Road and Otter Drive. The agenda item summary,
ordinance and legal description incorrectly referenced the First and Second Filings of College
Tech Center when they should have referenced the First and Second Filings of Collins Tech
Center.
Ordinance No. 213,1998, was unanimously adopted on First Reading on November 17,1998
and correctly vacates the rights -of -way.
12. Items Relating to the HH-36 Annexation and Zoning.
A. Second Reading of Ordinance No. 214,1998, Annexing Property Known as the HH-
36 Annexation.
B. Second Reading of Ordinance No. 215, 1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property included
in the HH-36 Annexation and Placing Said Property in the Residential Neighborhood
Sign District.
On November 17, 1998, Council unanimously adopted Resolution 98-154 Setting Forth
Findings of Fact and Determinations Regarding the HH-36 Annexation.
Council also unanimously adopted Ordinance Nos. 214 and 215, 1998, on November 17,
1998, annexing and zoning 60.527 acres (including County Road 9 and County Road 36
right-of-way). The property is located at the northwest corner of County Road 9 and County
Road 36. The property is currently zoned FA-1 in Larimer County. The requested zoning
in the City is LMN - Low Density Mixed Use Neighborhood. The requested zoning for this
annexation is consistent with the City Structure Plan.
13. Second Reading of Ordinance No 216 1998, Authorizing the Issuance of $6,509,000 of
Private Activity Bonds for the Country Ranch Project and Authorizing the Execution of
Certain Related Documents and Instruments.
In July of 1996, the City received a proposal from Country Ranch Limited Partnership
requesting that the City issue private activity bonds for the purpose of acquiring property,
constructing and equipping a multi -family housing project in Fort Collins. The Country
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December 1. 1998
Ranch Project is intended to provide rental housing units that will be affordable to
individuals and families with low to medium incomes.
Ordinance No. 216, 1998, which was unanimously adopted on First Reading on November
17, 1998, authorizes the City to move forward and issue the bonds for the Country Ranch
Project. The project is consistent with the Council goal of increasing the supply of affordable
housing in the City.
14. First Readin¢ of Ordinance No. 217, 1998, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims.
This Ordinance will appropriate insurance recovery funds along with prior year reserves in
the Benefits Fund to cover additional expenses anticipated through the remainder of 1998.
The total being requested for possible use is $1,099,851.
Insurance recovery represents reimbursement from the City's reinsurance (stop loss) carrier
for individual medical insurance claims that have exceeded the attachment point set at
$135,000. The medical insurance reserve account was established for the purpose of
providing funds when claims have exceeded the amount expected/budgeted for the year. The
reserve is funded from revenues collected above what was necessary to cover claims costs
in any given year.
Over the past two years (1997,1998), several catastrophic claims hit the stop loss attachment
point of $135,000. Reimbursement from the reinsurance carrier is anticipated in the amount
of $400,000; however, the number of catastrophic claims above and beyond the normal
annual expenses was unexpectedly high. Therefore, it is predicted that use of reserve funds
will occur prior to the close of the current calendar year.
15. First Readinggf Ordinance No. 218 1998, Appropriating Prior Year Reserves in the General
Employees' Retirement Fund.
Earlier this year, Council approved amendments to the General Employees Retirement Plan
that allow covered employees to receive their benefit in a single sum payment. Many
participants in the Plan have taken such payments and used the available appropriations for
such purpose. Since the appropriations were made in November, two additional requests
have been received from members desiring single sum payments of their benefits. To meet
the additional requests, staff is recommending increasing the 1998 appropriations by
$500,000.
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December 1, 1998
16. First Reading of Ordinance No 219 1998 Appropriating Prior Year Reserves in the Transit
Services Fund for the Acquisition of Replacement Buses for Dial -a -Ride and a Replacement
Engine for the Fixed Route Buses.
This appropriation will take funds from the Transit Fund Reserves and place them in the
Transfort's 1996 Operating Budget. When City Council approved the 1996 Transfort budget,
federal and local funds were identified to acquire the four (4) replacement vehicles and the
spare engine. These funds were placed into a project budget. Early this year, the 1996
project budget for these purchases was inadvertently closed, and, in order to purchase the
vehicles and spare engine, the funds need to be appropriated again.
17. First Reading of Ordinance No. 220 1998, Amending Chapter 4 of the City Code to Add an
Exception to the Prohibition on Animals at Large.
This Ordinance is a companion to the ordinance (also on the December 1 agenda) that
allows the City's Office of Community Planning and Development Services ("CPES") to
permit public safety training, including training of search and rescue dogs off leash on
selected sites. This amendment to the provision relating to animals at large is needed to
implement that ordinance.
18. First Reading of Ordinance No. 221, 1998, Amending Chapter 23 of the City Code by
Addin¢ Provisions Pertaining to Natural Areas.
The provisions included in this Ordinance allow the City to protect its significant investment
in natural areas. The natural areas were previously included within the scope of the rules and
regulations for parks, recreation areas, trails and open space adopted by the Council by
Ordinance No. 62, 1998 (the "Parks Regulations"). However, under those regulations there
has been no provision restricting activities that negatively impact or, in some cases, destroy
wildlife and vegetation.
Only four of the restrictions included in the Ordinance are entirely new. The rest are either
similar to the Parks Regulations or other existing regulations or were included in the
"General Management Guidelines for City -Owned Open Spaces and Natural Areas" (the
"Guidelines") that were established by the Department of Natural Resources in 1994 after
Council and public review.
Two of the proposed provisions are of particular concern to affected groups: (1) the
requirement that horses remain on or within a specified distance of trails in natural areas; and
(2) the provision authorizing the grant of permits to allow search and rescue dogs to be
trained off leash and off trail on certain natural areas (specific sites to be determined by
Natural Resources staff). This activity is to be permitted under 23-193(e) of the Ordinance.
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December 1, 1998
19. First Readine of Ordinance No 222, 1998, Amending the Definition of "Street' and
Chaneine the Term "Director of Engineering" to "City Engineer" as Those Terms Are
Contained in the City Code and in the Transitional Land Use Regulations and Amending
Section 24-112 of the Code to Bring Said Section into Conformance with Provisions of the
Land Use Code.
The following changes in the City Code and the Transitional Land Use Regulations are
proposed for clarification. This Ordinance amends the City Code and the Transitional Land
Use Regulations as follows:
• Revises the definition of "street' to match the Land Use Code.
• Replaces references to "Director of Engineering" with "City Engineer".
• Changes the term "residential streets" to "local streets" in Section 24-112 of the
Code.
• Changes the term "traffic impact study" to "transportation impact study" in Section
24-112 of the Code.
• Changes the word "traffic' to "transportation" in Section 24-112 of the Code.
The revisions are housekeeping changes to match the Land Use Code and to account for the
new City Engineer title.
20. First Reading of Ordinance No. 223,1998, Amending Section 2-31 ofthe City Code Relatine
to Executive Sessions.
At the April 8,1997 regular municipal election, the voters approved an amendment to Article
ll, Section 11 of the City Charter pertaining to executive sessions. Article H, Section 11, as
amended, now provides that the Council may go into executive session by a two-thirds (2/3)
vote of those present and voting. This Ordinance amends Section 2-31 of the City Code so
as to conform to the provisions of the City Charter.
21. First Reading of Ordinance No. 224,1998, Amending Section 7-88oftheCityCode Relating
to the Procedure for Protesting the Establishment of Council District Boundaries.
At the April 8,1997 regular municipal election, the voters approved an amendment to Article
H, Section 1(c) of the City Charter pertaining to redistricting. Pursuant to the provisions of
Article H, Section 1(c), the Council adopted Ordinance No. 26, 1998 on March 17, 1998,
which provided for the giving of notice of any redistricting proceedings and the manner of
protesting such proceedings. The manner of protesting redistricting proceedings was
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December 1, 1998
modeled after an existing Charter provision relating to the protest of the sufficiency of
initiative and referendum petitions. After using the provisions relating to redistricting
proceedings for the first time in November, staff believes that the manner of protesting
redistricting proceedings is unnecessarily restrictive in that it requires written protests to be
given under oath. In addition, Section 7-88 of the City Code requires Council to hear, and
resolve, protests no later than the date of first reading. Since any amendments to the
redistricting proposal that Council may request after hearing and first reading would require
staff to research the effect of such amendments, it is unreasonable to expect Council to
resolve protests no later than the date of first reading.
22. First Reading of Ordinance No. 226,1998, Designating the Robert and Omha Buxton House
and Attached Garage 140 North McKinley Avenue, as a Historic Landmark Pursuant to
Chapter 14 of the City Code.
The owner of the property, Jordan K. Radin, is initiating this request for Local Landmark
designation for the Robert and Orpha Buxton House and attached garage. The building is
significant architecturally, as an interesting example of Post World War II architecture in
Fort Collins. The home also has historical value as a representative example of two
significant American social trends, the first the development of affordable home ownership
on a large scale, and the other the rising prominence of the automobile, as reflected in
residential architecture.
23. First Reading of Ordinance No. 227 1998. Authorizing the City of Fort Collins to Enter into
a Three-year Farm Lease Agreement with Greg Walker.
In 1982, the City developed the Resource Recovery Farm at Prospect Street and I-25 as a
sludge disposal site. Typically, the sludge is applied to fields from December to March and
field preparation for the coming year's crop begins immediately thereafter.
During the first years, the fanning operation was contracted to a local farmer. Between 1988
and 1994 the City fanned the site without the use of a contract fanner. In 1994, staff
recommended that the Resource Recovery Farm be returned to contract fanning. At that
time, the City and Greg Walker entered into a one-year lease with a one-year renewal option.
A Request for Proposals was issued in 1995 for lease of the Resource Recovery Farm. Greg
Walker's proposal was the only one received. This fall, another Request for Proposals was
issued. Mr. Walker's proposal, which included a lease increase of $6 per acre, was again the
only proposal received.
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24. Resolution 98-158 Amending the General Employees Retirement Plan to Allow for the
Transfer of Assets of Certain Pension Assets on December 31, 1998.
On October 6, 1998, Council unanimously adopted Resolution 98-138 which amended the
General Employees Retirement Plan to allow certain City employees to convert from the Plan
to a money purchase pension plan. The Resolution also provided that the transfer of the
transition account balance of electing employees would occur on January 1, 1999, or as soon
thereafter as reasonably practicable. Staff has worked with its actuary, Watson Wyatt
Worldwide, and the ICMA Retirement Corporation to develop a transfer plan. Both the
actuary and the Retirement Corporation have indicated that moving the transfer date from
January 4, 1999 (the first business day after January 1), to December 31, 1998, would
eliminate unnecessary uncertainty during the transfer period. Therefore, the GERC is
recommending that the transfer date be moved to December 31, 1998. The attached
Resolution amends the effective date of the Plan amendments from January 1, 1999 to
December 31, 1998 and amends the Plan to allow for the earlier transfer date.
25. Resolution 98-159 Authorizing the Formation of a Liaison Committee with Colorado State
University.
Recently, City Council members and representatives from Colorado State University met to
discuss several current activities and projects that both organizations are jointly addressing.
In the course of the discussion, the suggestion to establish a liaison committee was endorsed.
The purpose of the Committee is to foster ongoing communications on matters of mutual
interest to the City and the University. The Resolution before Council is to formalize the
establishment of this Liaison Committee.
26. Resolution 98-160 Authorizingthe e Mayor to Execute an Intergovernmental Agreement with
the Fort Collins -Loveland Water District. the Fort Collins -Loveland Water District
Enterprise the Soldier Canyon Filter Plant and the City of Fort Collins Water Utility
Enterprise for the Delivery of Potable Water.
The Fort Collins -Loveland Water District (FCLV) and the City have grown together and
there are cases where it is more practical for the one provider to deliver water into another
provider's area. This is the case in the southern portion of the city where the City's large
transmission line can serve a FCLV need without wasteful duplication of facilities. Likewise,
the City can also benefit by exchanging treated water with FCLV. A simple, practical
approach to these needs is for the City to receive treated Soldier Canyon water into its
distribution system at the treatment plant site, and for FCLV to take an equal amount out of
the City's large transmission line.
This intergovernmental agreement enables such an exchange ofwater and sets forth the terms
and conditions of the exchange. The intent is for the amount of water exchanged to be equal,
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December 1, 1998
with the water metered and any significant difference paid for at a rate outlined in the
agreement. The agreement also spells out compensation terms for use of the City's
transmission line. Other operational details are provided in the agreement so that customers
are assured of equally high quality water, whatever the source.
The City Water Utility Enterprise and the Fort Collins -Loveland Water District Enterprise
are parties to the intergovernmental agreement solely for the purpose of entering into amulti-
year fiscal obligation.
27. Resolution 98-161 Recommending Highway Categories to the Colorado Department of
Transportation and the Colorado State Transportation Commission Pursuant to the Revised
Colorado State Highway Access Code.
The Colorado Department of Transportation (CDOT) recently adopted a revised Colorado
State Highway Access Code. As part of this new Code, local agencies have the ability to
recommend the preferred highway category for state highways which serve their
communities. Staff is seeking City Council approval of these recommended classifications.
Upon Council approval, these recommendations will be forwarded to CDOT and the
Colorado State Transportation Commission for final approval and adoption. Staff s
recommendation has been reviewed and supported by the City's Transportation Board,
Growth Management Lead Team, and City Council Growth Management Committee.
28. Routine Deeds and Easements.
A. Deed of Dedication from Wayne K. Shrader for a public right-of-way, located at the
northeast corner of South College Avenue and East Harmony Road. Monetary
consideration: $10.
B. Deed of Dedication from Sunrise Center Partnership for a public right-of-way for
John F. Kennedy Parkway, from the north line of Harmony Centre PUD to the end
of the existing road south of Troutman Parkway for drainage and extension of
Pavilion Lane. Monetary consideration: $10.
C. Deed of Easement from Oak Farm, Inc., for a utility easement located at Harmony
School Shops, at the northeast corner of Timberline Road and East Harmony Road.
Monetary consideration: $0.
D. Deed of Easement from Oak Farm, Inc., for a temporary grading and drainage
easement, located at Harmony School Shops, at the northeast comer of Timberline
Road and East Harmony Road. Monetary consideration: $0.
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December 1, 1998
E. Deed of Easement from Oak Farm, hic., for a temporary grading and drainage
easement, located at Harmony School Shops, at the northeast comer of Timberline
Road, and East Harmony Road. Monetary consideration: $0.
F. Deed of Easement from Oak Farm, Inc., for a vehicular, pedestrian, and emergency
access easement, located at Harmony School Shops, at the northeast corner of
Timberline Road and East Harmony Road. Monetary consideration: $0.
G. Deed of Easement from Oak Farm, hie., for a temporary grading easement, located
at Harmony School Shops, at the northeast comer of Timberline Road and East
Harmony Road. Monetary consideration: $0.
H. Deed of Easement from Oak Farm, Inc., for a utility easement, located at Harmony
School Shops, at the northeast comer of Timberline Road and East Harmony Road.
Monetary consideration: $0.
I. Deed of Easement from Oak Farm, Inc., for a utility easement, located at Harmony
School Shops, at the northeast corner of Timberline Road and East Harmony Road.
Monetary consideration: $0.
J. Deed of Easement from Oak Farm, hic., for a temporary grading and drainage
easement, located at Harmony School Shops, at the northeast corner of Timberline
Road and East Harmony Road. Monetary consideration: $0.
K. Deed of Easement from Oak Farm, hie., for a permanent utility easement, located at
Harmony School Shops, at the northeast corner of Timberline Road and East
Harmony Road. Monetary consideration: $10.
L. Deed of Easement from Oak Farm, Inc., for a permanent utility easement, located at
Harmony School Shops, at the northeast corner of Timberline Road and East
Harmony Road. Monetary consideration: $10.
M. Deed of Easement from Park South, LTD., for a storm water detention easement,
located in Park South Commercial Plaza Second Filing, south of West Horsetooth
Road and east of Manhattan Avenue. Monetary consideration: $0.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Ordinance No. 210, 1998, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Transportation Services Fund for Transfer to the Capital
Projects Fund for the De-icing Materials Storage Project.
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December 1, 1998
9. Second Reading of Ordinance No 211 1998, Amending Various Sections of the City Code
Relatin¢ to the Consolidation of the Office of Electric Utility Services and the Office of
Water Wastewater and Stormwater Utility Services.
10. Second Reading of Ordinance No. 212, 1998, Appropriating Unanticipated Revenue in the
General Fund for the Police Services Safety Belt Program.
11. Second Reading of Ordinance No. 2131998, Amending Ordinance No. 161,1998toInclude
a Revised Legal Description for the Vacation of the Rights -of -Way for Elk Road and Otter
Drive as Dedicated on the South Collins Tech Center, First Filing and the South Collins Tech
Center, Second Filing.
12. Items Relating to the HH-36 Annexation and Zoning.
A. Second Reading of Ordinance No. 214, 1998, Annexing Property Known as the HH-
36 Annexation.
B. Second Reading of Ordinance No. 215,1998, Amending the Zoning District Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property included
in the HH-36 Annexation and Placing Said Property in the Residential Neighborhood
Sign District.
13. Second Reading of Ordinance No 216 1998, Authorizing the Issuance of $6,509,000 of
Private Activity Bonds for the Country Ranch Project and Authorizing the Execution of
Certain Related Documents and Instruments.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
14. First Reading of Ordinance No. 217, 1998, Appropriating Prior Year Reserves and
Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims.
15. First Reading of Ordinance No. 218,1998, Appropriating Prior Year Reserves in the General
Employees' Retirement Fund.
16. First Reading of Ordinance No. 219 1998, Appropriating Prior Year Reserves in the Transit
Services Fund for the Acquisition of Replacement Buses for Dial -a -Ride and a Replacement
Engine for the Fixed Route Buses.
19. First Reading of Ordinance No. 222, 1998, Amending the Definition of "Street" and
Changing the Term "Director of Engineering" to "City Engineer" as Those Terms Are
Contained in the City Code and in the Transitional Land Use Regulations and Amending
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Section 24-112 of the Code to Brine Said Section into Conformance with Provisions of the
Land Use Code.
20. First Reading of Ordinance No. 223.1998, Amending Section 2-31 of the City Code Relating
to Executive Sessions.
21. First Reading of Ordinance No. 224 1998, Amending Section 7-88 of the City Code Relating
to the Procedure for Protesting the Establishment of Council District Boundaries.
22. First Reading of Ordinance No. 226 1998 Designating the Robert and Ornha Buxton House
and Attached Garage 140 North McKinley Avenue, as a Historic Landmark Pursuant to
Chapter 14 of the City Code.
23. First Reading of Ordinance No. 227, 1998, Authorizing the City of Fort Collins to Enter into
a Three-year Farm Lease Agreement with Greg Walker.
32. First Reading of Ordinance No. 225, 1998 Amending Section 2-138 of the City Code
Pertaining to the Citizen Review Board.
33. First Reading of Ordinance No. 228,1998, Making Various Amendments to the City's Land
Use Code.
Councilmember Kneeland made a motion, seconded by Councilmember Bertschy, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow -Up
Councilmember Mason requested a one -page memo regarding the impact of item #27 Resolution 98-
161 Recommending Highway Categories to the Colorado Department of Transportation and the
Colorado State Transportation Commission Pursuant to the Revised Colorado State Highway
Access Code on the State Highway Access Control Plan.
Councilmember Reports
Councilmember Wanner reported on the Health and Safety Committee's discussions regarding the
public display of banners, secondhand sales and pawnshop regulations, and concealed weapons.
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December 1. 1998
Councilmember Kneeland reported that secondhand shop and pawnshop regulations will be
presented for Council consideration in the near future, and the Health and Safety Committee has
requested that detailed information be included in the agenda item summary.
Councilmember Mason reported on the Growth Management Committee's discussions concerning
the land use code, one -sixth contiguity requirements, stormwater development fees, and state
highway access categories.
Councilmember Mason reported on the Utilities and Technology Committee discussions regarding
an intergovernmental agreement between the City and the water districts relating to potable water,
stormwater fees, and the progress of Platte River Power Authority on the fiber optic network.
Councilmember Bertschy reported that the City/CSU Liaison Committee will hold its first meeting
in January.
Ordinance No. 225,1998
Amending Section 2-138 of the City Code
Pertaining to the Citizen Review Board, Adopted on First Reading
The following is staff s memorandum on this item.
"Executive Summa
On August 4, 1998 Council adopted Ordinance No. 76, 1998 creating the Citizen Review Board.
Applications were solicited and interviews were conducted by City Manager John Fischbach and
Councilmembers Chuck Wanner and Bill Bertschy. The interview team selected five individuals to
recommend for appointment to the Board at the November 17 Council meeting.
At that meeting, City Council heard input from members of the community concerning the need to
have representation on the Board from a more diverse membership on the Board. After discussion,
Council decided that enlarging the Board so as to promote a more diverse membership would help
build confidence in the citizens of Fort Collins that the law enforcement functions of the City are
being conducted effectively, professionally, and in the best interests of the citizens. This Ordinance
amends Section 2-138(a) ofthe City Code to increase the membership on the Citizen Review Board
from five to seven members toprovide an opportunityfor a more diverse membership on the Board. "
City Manager Fischbach stated that the proposed Ordinance would increase the membership of the
Citizen Review Board from five to seven members.
Mayor Pro Tem Smith asked if consideration was given to providing that six members would hear
any matter and five would make the decision. City Manager Fischbach stated that additional work
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December 1, 1998
needs to be done on the Ordinance prior to Second Reading and that concept could be incorporated
if that is Council's direction.
Councilmember Wanner made amotion seconded by Councilmember Bertschy, to adopt Ordinance
No. 225, 1998 on First Reading.
Councilmember Wanner spoke concerning the time lines within the review process and the need for
a consistent reviewing panel.
Councilmember Bertschy suggested not making the change at this time and waiting until the Board
is constituted and has experience in hearing cases.
Councilmember Kneeland spoke concerning the need for diverse representation on the Board and
asked what processes will be used to encourage a broader application pool and suggested that the
Commission on the Status of Women be notified.
City Clerk Krajicek stated that the application period closes on December 15 and only two
applications have been receivedto date, although there have been numerous requests for information.
Efforts are being made to recruit through the Multicultural Commission, and staff is working through
various means to achieve a good response to the advertising process. City Manager Fischbach stated
that staff has been exploring ways to advertise the two additional openings, including working with
the Human Rights Officer.
Councilmember Bertschy stated that he handed out application forms at the Alta
Vista/Andersonville/ Buckingham neighborhood meeting.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 228,1998,
Making Various Amendments to the
City's Land Use Code, Adopted on First Reading
The following is staff's memorandum on this item.
"Executive Summary
This Ordinance addresses a variety of issues that have recently emerged or have otherwise been
identified by staff as being appropriate for amendment of the Land Use Code.
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December 1. 1998
Staff briefly reviewed these issues with the Council Growth Management Committee at the October
8 Committee meeting.
The Planning and Zoning Board held a public hearing on these issues on October 15, 1998, and
recommended that Council adopt the proposed revisions, with certain changes outlined below.
Comments:
Staff classified these proposed revisions into two categories: major items and minor items.
Major items relate to substantive changes in policy, review process, permitted uses or development
standards contained within the Land Use Code, or any item that was identified as an issue by the
Council Growth Management Committee or a City Board or Commission. Staffexpects that Council
may wish to discuss these items.
Minor items, in general, are revisions that do not represent significant changes of intent or
substantive effect of the Land Use Code, but are being proposed as part of the ongoing process of
refining and improving the Code. Staff does not expect that these issues will warrant discussion by
Council, although staff will be able to speak to any of these issues in detail if requested to do so.
Major Items
Those issues that staff expects may warrant discussion by Council are briefly outlined below.
Add "composting facility" to the Land Use Code as a permitted use.
Composting facilities are not now defined as a permitted use in the Land Use Code. Staff is
proposing that these uses be added as permitted uses in the POL, RC, C, E and Izones through Type
1 review and in the C zone through Type 2 review. Staff is also recommending supplemental
regulation that would apply to these uses. These regulations would require that these facilities be
located at least 118 of a mile from the nearest residence or land zoned RL, LMN or MMN, that all
surface run-off water be contained and treated on site, and that such uses will not be permitted to
locate in the floodway.
Staffreceived public comments from existing composting facility operators. One operator requested
that the proposed language be further clarified as to how the buffer from residences in zones other
than the RL, LAIN and MMN zones would be applied. Staff has clarified that the buffer distance
would be measured to the dwelling unit itself, not the boundary of the property. This appears to
have addressed the operator's concerns.
2. Evaluate Parking Requirements for Institutional Uses.
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Planning and Zoning Board members have requested that staff evaluate whether it is reasonable to
establish parking maximums for institutional uses similar to those contained in the Code for
commercial uses. This discussion has resulted primarily from concerns about large parking lots
for institutional uses (schools, places of worship, etc.) that are located in employment or industrial
areas, and where no attempt has been made by the applicant to make use of shared parking
opportunities with adjacent developments. Currently, the Code only regulates a minimum number
ofspaces required and does not establish a maximum number allowed. Therefore, it is possible that
an institutional use may have a very large parking lot.
Staff is recommending that the Code be amended to establish a maximum number ofspaces allowed
for certain institutional uses when shared parking opportunities exist, or when such uses are located
adjacent to nonresidential uses.
3. Revise Garage Standards for Multi family Housing.
The Planning and Zoning Board has noted that the existing residential building standards for multi-
family housing may need to be refined in relation to the treatment of blank walls associated with
shared garages.
Staff is proposing new additional standards that would limit the maximum length of any perimeter
garage structure to 55 feet, as well as require a degree of articulation of blank walls greater in
length than 30 feet.
The Planning and Zoning Board recommended to Council that these proposed revisions be adopted,
but that the overall length ofperimeter garages be limited to 44 feet rather than 55 feet, unless some
of the garages within the structure were ADA accessible. The Planning and Zoning also
recommended that the required articulation of blank walls be achieved through a minimum change
in plane of 6 inches (staff originally proposed a minimum change of 5 inches be required).
Staffalso reviewed theseproposed revisions with members and representatives oftheHomebuilder's
Association ofNorthern Colorado on November 4. The Homebuilderspresent at the meeting voiced
concerns that the standards not mandate offsetting garage foundations or rooflines in order to
achieve the desired mitigation of blank walls, citing significant increases in construction costs as
a basis for these concerns. Staff explained that minimum compliance with these standards would
not require offset foundations or rooflines. Members also voiced concerns that the 45 foot limit on
the length of perimeter garages unnecessarily limited design options. They also suggested that
alternative mitigation measures include options to break up large blank walls with landscaping
elements rather than architectural features. Several suggestions to clarify the wording of the
standards were also made at the meeting.
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December 1. 1998
Staff revised the proposed standards to respond to the Planning and Zoning Board's
recommendation that the minimum required change in plan be 6 inches instead of 5 inches. Other
minor changes were made to clarify aspects of the standards.
Staff is not recommending that landscaping measures be accepted as mitigation of long blank walls
as requested by the Homebuilder's Association members, since landscaping is less permanent and
less effective than the proposed architectural mitigation measures. Staffalso recommends that the
limit on the overall length of perimeter garages be 55 feet instead of the 45 feet recommended by
the Planning and Zoning Board, since 55 feet is typical of existing multi family garages constructed
in Fort Collins, and garages of this length have not triggered concerns in the past if they have been
appropriately designed. In fact, when the Planning and Zoning Board first asked staff to prepared
additional proposed design standards for multi family garages, the Board cited a project containing
55 foot garages as an example of the quality of design the new standards should ensure in new
projects.
4. Application of Adequate Public Facilities (APF) and Transportation Level of Service (LOS)
Standards to Overall Development Plans (ODPs).
Although a traffic study is required for ODPs, the existing Code does include LOS and APF
standards as review criteria for ODPs. This raises a question ofwhat standards should be applied
to evaluate the traffic impacts ofprojects at the ODP stage ofreview. Staff recommends that these
standards be added as ODP review criteria. However, the APF and LOS requirements in the Code
are intended to be effective at the building permit, not the plan approval, stage of the process. This
means that projects would be approved with identification of the facilities required to fix the APF
and LOS problems, but the building permits could not be pulled until the facilities are in place.
5. Define "Dog day-care" as a permitted use and add it to the Code.
Staff has received a number of inquiries from people wanting to start up a "dog day-care" use.
Such a facility is a place where dog owners may leave their dogs for all or part of a day, and where
no overnight boarding occurs. The operator of the establishment provides a pet -sitting service
wherein pets may be exercised, nourished, trained and/or groomed during the course of a day.
There are currently two such uses in the city that were established under the previous zoning code.
However, this use was overlooked when the LUC was adopted, and therefore, no new facilities of
this nature can be established.
Dog day-care facilities most closely resemble small animal veterinary clinics with respect to
impacts. The major difference is the possibility that there will be peakperiods of customer demand
associated with dog day-care facilities between the hours of 7:30 am to 8:30 am and 4:30 pm to
6: 00 pm. These peak times will occur as dog owners drop theirpets off on the way to work and pick
them up after work. These peakperiods could adversely impact residential areas. Therefore, staff
is recommending that dog day-care facilities be allowed in the same zones as small animal vet
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December 1, 1998
clinics, except that they should not be permitted in the LMN and MMN districts. Staff also
recommends that such facilities should be permitted in the appropriate districts subject to the same
type of review as required for small animal vet clinics in the various zones. The Code should be
amended by adding dog day-care facilities to the following districts:
D (Canyon Avenue and Civic Center sub -districts only) as a type 2; CC as type 1; CCN
as type 1; CCR as type 1; C as type 1; CN as a type 1; NC as type 1; CL as building
permit; E as type 1; and I as type 1.
6. Clarify Application of the 25% Limit on Secondary Uses in the E- Employment Zone.
The E-Employment zone contains a limit on "secondary uses" of 25% of any development plan.
Recent projects have raised concerns relating to which of the permitted uses are considered
secondary. For instance, offices are now considered secondary, yet office uses could provide
significant employment opportunities.
Staff is proposing to specifically define secondary uses as the following uses:
a. Veterinary facilities and small animal clinics
b. Clubs and Lodges
C. Child-care Centers
d. Residential Uses
e. Standard Restaurants
f. Lodging Establishments
g. Bed and Breakfast establishments
h. Funeral Homes
i. Health and Membership Clubs
j. Convenience Shopping Centers
These changes have the effect ofallowing offices as a primary use in the E-Employment zone without
the 25% limitation.
Staff also proposes that the standards continue to apply on a project basis, as opposed to changing
the regulations to take surrounding development into account.
7. Clarify Provisions Relating to Warehouses And Distribution Uses.
Recent proposals have highlighted the need to clarify Code provisions related to this issue. The
LUC defines two types of warehouse uses. A warehouse is simply a building used for storage of
goods. A warehouse and distribution facility consists of storage and distribution of products,
including accessory offices or showrooms, and incidental retail sales. The amount of traffic
associated with a warehouse can be minimal, whereas the amount of traffic associated with a
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warehouse and distribution facility maybe somewhat higher. Warehouses are permitted in only 3
districts, the CL, E and I. Warehouse and distribution uses are only allowed in one district, the CN
district.
Since warehouse was less intense than warehouse and distribution uses, and are compatible with
other uses allowed in the CN district, staff recommends that the district should be amended to
allow warehouses. Since warehouse and distribution facility uses are similar to other uses
permitted in the CL and I districts, staff proposes that they be added to the list of uses in those
districts. However, warehouse and distribution facility uses are not similar to uses allowed in the
E district and staff recommends that this district should remain unchanged.
8. Clarify Application ofthe Parking Distribution Requirementsfor Large Retail Establishments.
Implementation of the parking lot location requirement of the Standards and Guidelines for Large
Retail Establishments (codified in 3.5.4(C)(3)(b) of the Land Use Code) has continually been
problematic. Interpretation debates have centered around what constitutes a large retail
establishment (individual retail businesses exceeding 25,000 square feet or an entire building
housing multiple businesses including some less than 25,000 square feet); how the front parking
area is defined; and, how parking spaces associated with pad sites located in the front parking area
are counted.
Staff is proposing revisions to these standards to clarify how parking spaces are to be distributed
between parts of the project and how the relationship between the stall and the public street is
determined.
9. Type 1 Review for Residential Vertical Mixed Use Projects.
A mixed -use dwelling unit (defined as "a dwelling that is located on the same lot or in the same
building as a nonresidential use') is allowed only as a Type 2 review in all nonresidential districts
except in the Downtown district. However, most other types of residential uses, i.e. single-family
dwellings, two-family dwellings and multi family dwellings, are allowed subject only to building
permit review or Type 1 review in nonresidential zones. Also, the nonresidential use that would be
in the same building or on the same lot as a mixed -use dwelling would also generally be allowed as
a Type I review in many nonresidential districts.
This inequity in the type of review required for mixed -use dwellings seems contrary to the principle
of encouraging dwellings to be located close to employment centers, services and amenities. This
Type 2 review requirement doesn't encourage mixed -use dwellings. Yet the CCpurpose statement
says "Multi -story buildings are encouraged toprovide a mix ofresidential and nonresidential uses.
Offices and dwellings are encouraged to locate above ground -floor retail and services. " Requiring
a Type 2 review seems contrary to this purpose statement.
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December 1, 1998
Staff recommends that the Code be amended to allow mixed -use dwellings as a Type 1 review
wherever other residential uses are allowed as a Type]. The same parking standards and other
existing residential compatibility standards would still apply ifthe use is moved ftom Type 2 to Type
1.
Minor Items
In addition to the revisions outlined above, a number ofmore technical Land Use Code maintenance
revisions have been identified. In general, these revisions do not represent changes of intent or
substantive effect of the Land Use Code, but are being proposed as part of the ongoing process of
refining and improving the Code. Staff does not expect that these issues will warrant discussion by
Council, so they are being characterized as "minor" items.
Attachments
"Attachment I "is an annotated issue list that provides a briefdescription ofeach of the major issues
outlined above and cross references the related sections of the draft ordinance that implement the
proposed revisions.
"Attachment 2" is an annotated issue list that provides a brief description of these minor issues and
cross references the related sections of the draft ordinance that implement the proposed revisions.
"Attachment 3" is an index to the draft ordinance that briefly lists the effect of each section of the
ordinance and the issue that the section is related to. "
Tom Vosburg, CPES Policy Analyst, explained minor and major land use code changes addressed
by the proposed Ordinance as outlined in the agenda item summary.
Councilmember Bertschy asked for a visual presentation concerning item 48 relating to parking
distribution requirements for large retail establishments.
Councilmember Mason asked about land use changes relating to buffering that are not being
presented for consideration. Vosburg stated that staff has been working with various boards on these
regulations and is working on proposed revisions that will codify and clarify existing practice.
Councilmember Kneeland asked about the garage standards for multifamily housing (item #3).
Vosburg spoke regarding construction cost concerns that were addressed in the garage standards.
Councilmember Byrne asked about the changes outlined in item 44 relating to adequate public
facilities and transportation levels of service and their practical application. Vosburg spoke
concerning the transportation impact study and transportation level of service standards.
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December 1. 1998
Councilmember Byrne asked about some of the uses listed in item #6 relating to the 25% limit on
secondary uses in the E-Employment Zone. Vosburg explained the permitted uses in the E-
Employment Zone and stated that the Ordinance would clarify how secondary uses are defined and
how they are to be limited so as not to over dominate the zone.
Councilmember Mason asked about item #2 related to the size of parking lots for institutional uses
and the survey done for sizes of church parking lots. Vosburg explained parking requirements for
institutional uses. Peter Barnes, Zoning Administrator, spoke concerning minimum and maximum
parking requirements for institutional uses located in residential and nonresidential settings and
summarized church parking lot survey results.
Councilmember Mason asked if Land Use Code changes related to buffering requirements could be
considered by the Parks and Recreation Board in December and presented for Council consideration
in January. Vosburg stated that staff met with the Parks and Recreation Board in November and the
Board indicated it would not be meeting in December. City Manager Fischbach stated that staff will
work toward holding a special Parks and Recreation Board meeting at the earliest opportunity in
January.
Councilmember Mason requested discussion at the next Growth Management Committee meeting.
Councilmember Bertschy asked about Natural Resources Advisory Board review. Vosburg stated
that Natural Resources Advisory Board review will be scheduled at about the same time as Parks and
Recreation Board review.
Bob Blanchard, Director of Current Planning, presented visual information concerning parking
distribution requirements for large retail establishments.
Councilmember Mason asked if the proposed requirements would meet the intent to distribute
parking. Blanchard stated that the criteria would distribute the parking on the two sides and would
limit the amount of parking in front to humanize "big box" establishments.
Councilmember Bertschy asked if the 25% limit indicated in item #6 is within the entire zone or
within each development plan. Vosburg stated that the 25% limit on secondary uses in the E-
Employment Zone would continue to apply to each development plan on a project-by-proj ect basis.
Councilmember Mason asked that staff contact the minister at the Heart of the Rockies Church
regarding the survey that was done on church parking lots.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 228, 1998 on First Reading.
Dave Karan, 326 South Grant, asked questions regarding roadways adjacent to big box projects
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December 1, 1998
Councilmember Mason asked about roadways adjacent to big box projects. Greg Byrne, CPES
Director, spoke concerning the intent of the parking distribution requirements to improve the
transportation on -site.
Councilmember Kneeland commented regarding the need for garage standards for multifamily
dwellings.
Councilmember Byme spoke concerning the implementation and intent of City Plan.
Councilmember Bertschy asked for additional clarification regarding the 25% limit on secondary
uses in the E-Employment Zone and the impact of exclusion of certain uses on small parcels of land.
Vosburg outlined the reasons for the staff recommendation and stated that this issue was a major
point of discussion during the work on the proposed Ordinance.
The vote on Councilmember Byme's motion was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Mason asked about the process and concerns relating to the withdrawal of item #17
First Reading of Ordinance No. 220, 1998, Amending Chapter 4 of the City Code to Add an
Exception to the Prohibition on Animals at Large and item # 18 First Reading of Ordinance No. 221,
1998, Amending Chapter 23 of the City Code by Adding Provisions Pertaining to Natural Areas.
City Attorney Roy stated that concerns expressed relating to some of the proposed regulations in
item #18 prompted the withdrawal of both items from the agenda.
Mayor Pro Tern Smith stated that there were questions regarding implementation and application of
the regulations.
Councilmember Mason stated that he understood that each unique area would have a plan and asked
if individual requirements could be addressed in the individual plans. City Attorney Roy spoke
concerning the issue of placing the public on notice regarding the regulations. Councilmember
Mason supported an overall set of regulations for all natural areas and incorporating exemptions in
the plan for each area.
City Manager Fischbach stated that the decision was made to coordinate the two agenda items and
bring them forward for consideration tentatively in early February.
Councilmember Bertschy asked if some of the regulations are currently in effect. City Attomey Roy
stated that existing parks regulations are not codified at this time.
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December 1, 1998
Councilmember Mason asked about the possibility of adopting the regulations and correcting
individual problems at a later time.
Councilmember Kneeland favored addressing the concerns prior to adoption of the regulations.
Councilmember Byrne asked which regulations currently apply and if the problems are extensive
enough to require swift action. Greg Byrne, CPES Director, stated that frequent complaints would
be addressed by the proposed regulations. City Attorney Roy suggested the possibility of adding
language to allow the service area director to exempt certain natural areas from certain regulations.
Councilmember Bertschy questioned adopting specific regulations that would apply not fit all ofthe
diverse natural areas and spoke regarding the enforceability of some of the regulations. He spoke
concerning the need to quickly remedy the situation relating to search and rescue dogs.
Councilmember Kneeland asked about the frequency of violations and commented concerning the
specific nature of some of the proposed regulations. Greg Byrne spoke concerning the nature of
frequent complaints. City Attorney Roy spoke concerning regulations for natural areas that are
outside of the City limits.
Mayor Pro Tern Smith summarized the major discussion points.
Councilmember Mason noted that many of the regulations are already on the books and are
recommended for codification to facilitate enforcement.
Councilmember Bertschy stated that there are a limited number of new regulations and favored
proceeding at the next meeting.
CPES Director Byrne asked for input from Council regarding specific concerns prior to December
15.
Councilmember Byrne spoke concerning the intent to preserve natural areas and avoid regulations
that are unduly restrictive. He supported moving forward on a timely basis.
Mayor Pro Tern Smith suggested that specific areas of concern be relayed to staff.
Councilmember Kneeland requested clarification regarding which of the proposed regulations are
already part of the City laws. She expressed concerns about some of the proposed regulations that
apply to activities on property that is adjacent to a natural area.
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December 1, 1998
Councilmember Wanner requested a full presentation on the issues at the Council meeting.
Councilmember Mason requested a presentation by the Natural Resources Advisory Board at the
Council meeting. He spoke regarding the need to adopt regulations that can be enforced in natural
areas outside of the City prior to the annexation of those areas.
The consensus was to reschedule items #17 and 918 for First Reading on December 15, 1998.
Councilmember Bertschy called attention to the Andersonville/Alta Vista/Buckingham
neighborhood meeting at which apetition was presented to him in opposition to the Vine Drive truck
route option.
Councilmember Kneeland asked for consideration of other truck route options.
Councilmember Wanner suggested a study session review of how items are withdrawn from the
agenda. The consensus was in favor of this study session discussion.
Dave Bigelow, Larimer County Search and Rescue, suggested separating the issue of search and
rescue dogs from the overall discussion of natural areas regulations.
Adjournment
Councilmember Wanner made a motion, seconded by Councilmember Byme, to adjournthe meeting
to 6:00 p.m. on December 8, 1998, to consider ordinances related to the compensation of the
Council's three direct employees. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 8:35 p.m.
ATTEST:
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