HomeMy WebLinkAboutMINUTES-06/20/1995-RegularJune 20,1995
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, June 20,
1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, McCluskey, Smith and
Wanner.
Councilmember Absent: Kneeland.
Staff Members Present: Davis, Jones, Roy.
13NUM111munfln am,
Mike Nicely, 300 West Harmony Road, expressed concerns regarding the lack of progress on
relocation of the residents of Pioneer Mobile Home Park.
Yolanda C. Nicely, 300 West Harmony Road and representing the residents of Pioneer Mobile
Home Park, stated she and the residents of Pioneer Mobile Home Park were very disappointed
with Councilmember McCluskey's representation of them as Council person for the district.
Al Bacilli, 520 Galaxy Court, opposed Platte River Power Authority paying dues to the
Chamber of Commerce.
Jeff Bridges, 725 Mathews, requested staff provide Council with information regarding a
possible Residential Homestead Property Tax Exemption (RHPTE), he stated it would benefit
low income people with set incomes and first time home buyers. He spoke of how the RHPTE
could be implemented.
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding what he perceived to be
"flaws" in the City Dialogue which recently appeared in the local newspaper.
Lou Stitzel, 521 East Laurel, presented Council with a newspaper clipping from Eugene Oregon,
and stated town meetings are being held because the citizens of Eugene do not believe their
Council was up front with them regarding tax credits for Hyundai.
169
Citizen Participation Follow-up June 20, 1995 '
Mayor Azari asked Interim City Manager Diane Jones if any progress reports were available for the
residents of Pioneer Mobile Home Park. Mayor Azari responded to Mr. Bacilli's concerns regarding
dues paid to the Chamber clarifying the City only makes up 2 of the 8 votes.
Councilmember Smith responded to Ms. Nicely and spoke of the difficulty in dealing with personal
property rights, and suggested that Mr. Bacilli check with PRPA regarding public attendance and
time of its meetings. He responded to Mr. Bridges comments and asked how rents would be affected
if RHPTE were to be enacted.
Councilmember McCluskey believed the City's role to be that of a facilitator, and stated when he
met with the members of the Pioneer Mobile Home Board he urged them to consider different
possibilities.
Councilmember Apt concurred with comments by Councilmember McCluskey that the residents
need to look at other entities for assistance, not just the City. He supported investigating the
Homestead Property Tax Exemption and thanked Lou Stitzel for her report on Hyundai.
Agenda Review ,
Interim City Manager Diane Jones reported that the following items have been revised:
Item #14, Second Reading of Ordinance No. 77, 1995, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
Item #27, Resolution 95-86 Making Appointments to Various Boards and Commissions.
Items #29, Items Relating to the City Manager.
She stated there was an additional option for Item #30, Items Relating to the Advisory Opinions and
Recommendations of the Ethics Review Board, and stated that two Resolutions initiating annexation
will be heard under the Other Business portion of the meeting.
Kelly Ohlson, 2040 Bennington Circle, requested that Item #22, Resolution 95-85 Authorizing the
City to Enter into an Agreement with Huntington Hills Development Corporation L.L.C. for the
Construction of Fossil Creek Park Lake, be withdrawn from the Consent Agenda.
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. '
170
June 20,1995
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #24, Public Pulled Consent Items.
• .- • • I- • •-- t' • -•• -. .MRS . I. .
•I ;MFTmrj WIT41IRM4u• • • �u •�
A. Second Reading of Ordinance No. 65, 1995, Amending Section 2-570 of the Code
Pertaining to Appointments to Governmental or Private Agencies.
B. Second Reading of Ordinance No. 66, 1995, Amending Section 2-278 of the Code
Pertaining to the Functions of the Landmark Preservation Commission.
Ordinance No. 65, 1995, which was unanimously adopted on First Reading on June 6, 1995,
expands the provisions of Section 2-570 of the City Code allowing for the appointment of
board and commission members to serve as City representatives with other public or private
agencies and to further provide that such service, when approved by the City Council, would
generally not create a conflict of interest for the members of the boards or commissions in
participating in decisions of the City which affect those outside agencies.
Ordinance No. 66, 1995, which was also unanimously adopted on First Reading on June 6,
1995, expands the functions of the Landmark Preservation Commission (the "LPC") so that
the functions enumerated in the Code include all of the services which are actually being
provided by the LPC. It also authorize LPC members to serve as City representatives on the
board of directors of the Historic Fort Collins Development Corporation, the Poudre
Landmark Foundation, or other privately funded non-profit corporations that may be organized
for the primary purpose of furthering the preservation of the community's historic resources.
' •n. Reading of Ordinance No.'•Authorizing the City to Grant a Non -Exclusive
Easement•r Equipment Ca. . Underground Telephone Line to U.S. West
Communications. Inc. and Appropriating Unanticipated Revenue in the Capital PrQjects Fund
for the Choices 95 Older Adult Center Prpject.
Raintree Townhomes P.U.D. is located between Rolland Moore Park to the north and the
Senior Center to the south. This development has placed an increased demand for telephone
service. Ordinance No. 71, 1995, was unanimously adopted on First Reading on June 6, 1995,
and grants an easement to U.S. West Communications, Inc. for an underground telephone line
and an equipment cabinet.
171
June 1 1995
10. Second Readiniz of Ordinance No. 72, 1995. Vacatine that Portion of The Summer Stree
Right-of-WayDedicated with the Lake Street Townhome
The Lake Street Townhome P.U.D. plat was approved by the City Council on June 5, 1979.
The property is located on the north side of Prospect Road just east of Shields Street. The
project has never been developed nor were any of the public improvements constructed. The
property has been purchased by the Islamic Center of Fort Collins for the future construction
of a mosque. Therefore, the owner has requested the abandonment of the old P.U.D. and the
vacation of the platted street right-of-way in order to consolidate the property for tax exempt
status as well as to "clean the slate" for a future replat of the property. Ordinance No. 72, 1995
was unanimously adopted on First Reading on June 6, 1995.
Increased Productivity and Operating Efficiencies.
An operating manager that has unspent and uncommitted appropriations as a result of
increased productivity and operational efficiency can carry-over those dollars in a reserve
savings account for the Service Area. Managers may request the use of the savings through
the City Manager and City Council, which must approve the request by an appropriation
ordinance. Use of productivity savings will be presented to Council twice a year for ,
appropriation in the current year. Ordinance No. 73, 1995 was unanimously adopted on First
Reading on June 6, 1995.
I - •to C-,• t_ . • . .� - ►• ' Ili :.. •� l_ . •U .
The Communications Fund is an internal service fund providing for the operation and
replacement of E-Mail and telephone services for the organization. The current E-Mail
system, HPDeskmanager, is over 10 years old and no longer meets the needs of the
organization. The new E-Mail product, Groupwise, will improve productivity for end users,
add functionality, and allow efficient integration between departments choosing to install
Groupwise on their Local Area Networks (LANs) with those departments still reliant on a host
based (or central) system. The projected cost for acquisition of computer and
telecommunications hardware and software, training and consulting is approximately
$400,000. Ordinance No. 74, 1995, which was unanimously adopted on First Reading on June
6, 1995, appropriates funds for the replacement of the City's electronic mail system.
13. Second Readina
of Ordinance
No. 75.
1995, of the Council
of the City of Fort Collins
Amendine Section
17-141 of the
CiLy
Code Pertaining to
Carrying or Drinking Liquor o
Fermented
Malt Beverages in PublicPlaces,
172
I
June 20, 1995
Currently, Section 17-141 of the City Code prohibits persons from carrying open containers
of liquor or fermented malt liquors in public places. However, the phrase "open container"
is not defined in the Code. As a result, Police, Municipal Court prosecutors and the Municipal
Court have experienced problems in interpreting the meaning of "open container." The
language in Ordinance No. 75, 1995, which was unanimously adopted on First Reading on
June 6, 1995, clearly defines this phrase.
Community14. Second Reading of Ordinance No. 77. 1995. Appropriating Unanticipated Revenue in th
- . 1 11 ' 1 Block 1Fund,
The Community Development Block Grant Program provides Federal funds from the
Department of Housing and Urban Development (HUD) to the City of Fort Collins which can
be allocated to housing and community development related programs and projects, thereby,
reducing the demand on the City's General Fund Budget to address such needs. Ordinance No.
77, 1995 was unanimously adopted on First Reading on June 6, 1995.
15. Second Reading of Ordinance No. 81. 1995 Amending Section 4 of Ordinance No. 179, 1993,
for the Purpose of Extending the Expiration Date of Said Ordinance Until September 15.
1995.
' Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood
Conservation Medium Density Zoning district. The amendment was for a limited time period
to preclude the development of secondary residential structures within the Eastside and
Westside neighborhoods until December 31, 1994 or until design criteria supplemental to the
neighborhood plans could be developed, whichever came first. Because of delays in the
project, two previous extensions of the termination date of Ordinance No. 179, 1993 have
been approved by the Council. Ordinance No. 181, 1995, which was unanimously adopted
on First Reading on June 6, 1995, authorizes an extension to allow time for a study session
to be held with regard to the proposed new design criteria and to allow members of the City
Council to receive an advisory opinion from the Council Ethics Review Board on the question
of whether those Councilmembers who reside or own property in the areas affected by the
design criteria have a conflict of interest in participating in Council's deliberations regarding
this item.
16. First Readina of Ordinance No. 82.1995. of the Council of the City of Fort Collins Amending
Section 5-27 of the Code of the City of Fort Collins Regarding Accessible Dwelling Unit
Requirements.
This proposed ordinance is a revision of an earlier amendment to the Model Building Code
adopted in March 1994. This new standard specifies that 50% of the required accessible
' dwelling units in any new multiple -family housing project, rather than all new accessible units,
173
June 20, 1995 '
as is now is the case, must have the same proportional mix of bedroom configurations as the
non -accessible units have. It further clarifies which features are to be considered as truly
"functional" and not simply the aesthetic or decorative amenities available in a particular
project. Functional features would be limited to such items as: patios, garages, additional
rooms, closets and similar significant features built at the time of original construction.
17. First Reading of Ordinance No. 83, 1995. Appropriating Prior Year Reserves in the Stra
Oversizin2 Fund for Street Oversizing Reimbursements,
Projected expenditures for the Street Oversizing Fund will exceed the $1.2 million budgeted
for 1995. The City is presently in a cycle of growth and the street network is expanding
accordingly to meet the impact. It is estimated that an additional appropriation of $1,740,000
will be needed for the Fund's obligation to approved P.U.D.'s currently under or scheduled for
construction.
18. Resolution
95-81
Certifying Self -Insurance Coverage Meeting
u of •• IV
the
Water Facility
Easementof u i the
United
City
of Fort Collins
This Resolution authorizes an amendment to Section 2.a. of Resolution 88-1 to increase the '
Expenditure Limitations to ten millions dollars ($10,000,000) for the sole and exclusive
purpose of satisfying the self-insurance requirements of Section IV of the Easement Agreement
between the United States Forest Service and the City of Fort Collins for the Joe Wright
Reservoir.
19. Resolution 95-82 Approving an Intergovemmental Plan for the Region Between-EQA-C-011M
and Loveland.
The 1993-1995 City Council Policy Agenda called for the development of a plan to achieve the
long-standing public policy goal of maintaining physical separation between the cities of
Loveland and Fort Collins. Since Fall 1993, staff and Council representatives have worked
with counterparts from Loveland and Larimer County to develop this plan. The Plan for the
Region Between Fort Collins and Loveland provides a general vision of future land uses in the
region and identifies additional steps that are needed to implement the vision.
20.
Resolution
95-83 Authorizing
the
Mgyor to
Enter into an
Inter2ovemmental
A2reement
with
the
Colorado
Department
of
Transportation
(C120T) for the
Purchase and
Installation
of
Bike
Racks
on Transfort
The North Front Range Transportation & Air Quality Planning Council approved the City's
application of Enhancement funding for "Bike Racks on Buses" in the Spring of 1994. The '
174
June 20, 1995
City must enter into the Intergovernmental Agreement with the CDOT to receive the funds for
this project.
In January 1993, City Council adopted Resolution 93-13 approving an Intergovernmental
Agreement ("IGA') between the City of Fort Collins and the Poudre School District R-1
pertaining to the planning and construction of school facilities. This agreement set forth the
means by which the two entities would coordinate and cooperate with regard to the planning
and construction of school facilities, with specific focus on: school planning, neighborhood
parks, annexation, school district infrastructure improvements, redevelopment and reuse of
school sites, street and sidewalk improvements, utility and development costs, reimbursements,
and future school site financing.
22. Resolution 95-85 Authorizing the City to Enter into an Agreement with Huntington Hills
Development Corporation L.L.C. for the Construction of Fossil Creek Park Lake.
' The City purchased Fossil Creek Community Park in the early 1980's. No funding source
currently exists for the construction of the park. Huntington Hills is developing a residential
subdivision near the park. The developer is willing to invest over $570,000 toward the
development of the park lake. The City would contribute approximately $200,000 to the lake's
development. The lake will enhance the value of home sites in the Huntington Hills
development. This enables Huntington Hills to bear the large majority of the cost of the lake.
The City and the public benefits from this partnership with Huntington because the City will
be able to provide the community with a park lake well before it would otherwise be built and
at a savings of $570,000. The Parks and Recreation Board has reviewed the proposed
agreement with Huntington Hills and the lake design, and voted unanimously (7-0) to
recommend that Council authorize the City to enter into this agreement with Huntington.
23. Routine Deeds and Easements
A. Easement Dedication from Danny Flemings and Hilda Schneidmiller for the purpose of
permanent drainage located between Chestnut and Jefferson Streets just north of East
Mountain Ave. Monetary consideration $0.
B. Deed of Easement from Michael J. and Judy L. Keating for the purpose of permanent
drainage and utility located on Silvermoon Lane at Streamside Drive,- just north -of County --
Road 32. Monetary consideration $10.
' 175
June 20, 1995 '
C. Deed of Dedication from Buckeye Limited Liability Co. for the purpose of a permanent
Right -of -Way for street uses located along Buckingham Street, east of Linden Street, just
south of Buckingham Park. Monetary consideration $10.
D. Deed of Easement from Poudre Development, Ltd. for the purpose of permanent drainage
located along First Street just north of Buckingham Park. Monetary consideration $0.
E. Deed of Easement from Oak Farm, Inc. for the purpose of temporary storm drainage and
grading located west of South Lemay Avenue and north of Fossil Creek Park. Monetary
consideration $0.
F. Deed of Easement from J. Robert Wilson for the purpose of temporary storm drainage and
detention pond facilities located at the southwest comer of Worthington Avenue and
Centre Avenue. Monetary Consideration $0.
G. Deeds of Easement from The Kaplan Company, Inc. for the purpose of permanent utility
and drainage located at the northwest comer of Horsetooth Road and County Road 9.
Monetary consideration $10.
H. Deed of Easement from The Kaplan Company, Inc. for the purpose of temporary drainage, '
access, and utility located at the northwest corner of Horsetooth Road and County Road
9. Monetary consideration $10.
I. Deed of Easement from Norbert J. Lukas for the purpose of permanent drainage located
at the northwest corner of Shields Street and Drake Street. Monetary consideration $10.
Powerline easement from Craig Secher, 320 East Mulberry, needed to underground
existing overhead electric system. Monetary consideration: $10.
K. Powerline easement from Gabriel E. Pando, 1319 West Plum, needed to underground
existing overhead electric services. Monetary consideration: $10.
L. Powerline easement from APC, Limited, A Colorado Joint Venture, 301 East Olive,
needed to underground existing overhead electric services. Monetary consideration: $98.
M. Powerline easement from APC, Limited, A Colorado Joint Venture, 315 East Olive,
needed to install padmount electric transformer to underground existing overhead electric
system. Monetary consideration: $50.
176
I
June 20, 1995
N. Powerline easement from Carolyn S. Cotten, 1109 West Plum, needed to install padmount
transformer to underground existing overhead electric system. Monetary consideration:
$732.
O. Utility Easement from Spring Creek Farms Limited Liability Company, needed along
County Road 9 because of improvements being made by Engineering. Spring Creek has
dedicated the easement and will continue to be responsible for maintenance of the
easement area. Monetary consideration: $0.
P. Easement Dedication from Jack Isaacson, Lot 13, Block 5, Replat of Evergreen Park,
needed for storm drainage construction to meet development requirements in the area.
There is an existing easement but this additional easement is needed for the depth of
channel required to create a 4:1 slope. Monetary consideration: $0. (See Map #16.)
Items on Second Reading were read by title by Deputy City Clerk Molly Davis.
A. Second Reading of Ordinance No. 65, 1995, Amending Section 2-570 of the Code
' Pertaining to Appointments to Governmental or Private Agencies.
B. Second Reading of Ordinance No. 66, 1995, Amending Section 2-278 of the Code
Pertaining to the Functions of the Landmark Preservation Commission.
9. Second Reading of Ordinance No 71, 1995. Authorizingthe he City to Grant a Non -Exclusive
Easement for Equipment Cabinet and Underground Telephone Line to U.S. West
Communications- Inc and Appropriating Unanticipated Revenue in the Capital Projects Fund
for the Choices 95 Older Adult Center Project.
11. Second Reading of Ordinance No 73 1995 Appropriating Prior Year Savings Realized from
Increased Productivity and Operating Efficiencies
1 1- •1111 1 •1 / 1 -1 - 1- • 10••
13. Second Reading of Ordinance No 75 1995 of the Council of the City of Fort Collins
Amending Section 17-141 of the City Code Pertaining to Carrying or Drinking Liquor or
' Fermented Malt Beverages in Public Places
177
June 20, 1995 '
14. Second Reading of Ordinance No. 77, 1995. Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
Items on First Reading were read by title by Deputy City Clerk Molly Davis.
16. First P-g-2k�.'OrdiTance.Vu.-84tSOEs Ake Cou-tcil of fte Citv of Fort Collins Amen ine
Section 5-27 of the Code of the City of Fort Collins Regarding Accessible Dwelli
Requirements.
17. First ReadReadin2 of Ordinance N• .•Appropriating Prior Year Re
Oversizing Fund for Stregi Qvecsizing Reimbursements.
Collinsand of Manager.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett, .
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 95-85
Authorizing the City to Enter into an Agreement
with Huntington Hills Development Corporation L.L.C.
for the Construction of Fossil Creek Park Lake. Postponed to 7/18
The following is staff's memorandum on this item.
.1 rr r ,rrrr•
The partnership with Huntington Hills will require the City to fund certain items to complete the lake
development. These funds are available in the Conservation Trust Fund from project savings in the
Trails Acquisition, Development, and Repair Account. This account will have a reserve of
$1,019,462 after the $200,000 is moved to a new "Fossil Creek Park Development" account.
178
I
June 20, 1995
r
Executive Summary
The City purchased Fossil Creek Community Park in the early 1980's. No funding source currently
exists for the construction of the park. Huntington Hills is developing a residential subdivision near
the park. The developer is willing to invest over $570,000 toward the development of the park lake.
The City would contribute approximately $200,000 to the lake's development. The lake will enhance
the value of home sites in the Huntington Hills development. This enables Huntington Hills to bear
the large majority of the cost of the lake. The City and the public benefits from this partnership with
Huntington because the City will be able to provide the community with a park lake well before it
would otherwise be built and at a savings of $570,000. The Parks and Recreation Board has
reviewed the proposed agreement with Huntington Hills and the lake design, and voted unanimously
(7-0) to recommend that Council authorize the City to enter into this agreement with Huntington.
The Natural Resources Advisory Board also reviewed the proposed Agreement and lake design and
voted unanimously to recommend that Council authorize the City to enter into the Agreement, once
the Agreement is modified to require the use of the best available control technology to minimize the
water quality impact to the wetlands and the lake. A site plan for the lake is attached for review.
Council also asked a number of questions about this item at the June 20 meeting. A summary of
Council's questions and staff's answers is attached.
I
BACKGROUND:
The City staff and the Huntington Hills Development staff and consultants have been working on the
agreement for more than one year. Considerable time and work has gone into the effort to date. The
lake design was developed this spring through the "Park Conceptual Plan" public process.
Staff believes the design of the lake is very compatible with the park site. The lake will offer
recreational opportunities to the public immediately and will enhance the community park once the
park is developed.
Huntington will pay to excavate and grade the lake and for various other expenses.
The City will pay for the following expenses:
Inlet Canal System to deliver water to lake $100,000
Cost sharing of topographical mapping, soil stability
study, sewer line extension, and wetland development 50,000
Seeding of parkland 10,000
1 179
Administrative Charges
Wetwell for future park irrigation
Contingency
Total $200,000
June 20, 1995
Additional funding needs may be identified in 1996 as the lake is opened for public use. Staff will
review these needs and prepare a budget and identify a funding source for these items, which may
include a small parking lot off Lemay Avenue, restrooms, Fossil Creek bank safety measures, and
related items. Funding for maintenance of the Park will also be needed in 1996. Such maintenance
costs are estimated to be $26,000.
The agreement calls for the City to maintain a reasonable water level in the lake unless the City is
unable to do so due to drought or other factors beyond the City's control. The agreement also
provides the strip of parkland between the lake and the Huntington Hills Subdivision will be reserved
for passive uses. However, a trail may be developed there if the City wishes.
At the meeting of May 24, 1995, the Parks and Recreation Board voted unanimously (7-0) to
recommend that Council authorize the City to enter into this agreement with Huntington Hills L.L.C.
and approve the use of $200,000 to $300,000 from the Conservation Trust for construction of the I
Fossil Creek Park Lake with the funding repaid to the Conservation Trust fund from future park
development funding sources. Minutes from this meeting are attached.
The Natural Resources Advisory Board also reviewed the Agreement and the lake design at its July
5th meeting. The Board voted unanimously (8-0) to recommend that Council authorize the City to
enter into the Agreement once the Agreement is modified to require use of the best available control
technology to minimize the water quality impact to the wetlands and the lake. Minutes from this
meeting are attached.
Staff believes this partnership with Huntington allows the community to benefit from residential
development. Staff will continue to watch for future opportunities to leverage these benefits. "
Civil Engineer H Craig Foreman gave a brief presentation on this item and responded to questions
regarding funding issues.
Dave Osborn, attorney representing the Developer, spoke of the reasons for the length of the lease.
Councilmember Smith spoke of the cost for maintaining a fishery over the term of the 50 year lease.
Councilmember McCluskey stated a major concern of developing a lake is the repairs and ongoing
costs that are needed over time. '
180
I
June 20, 1995
Foreman clarified for Council that the balance in the fund is a result of completing the North College
Avenue project under budget and revenues exceeded what was budgeted. He clarified the Parks and
Recreation Board supported the project and noted the Natural Resources Advisory Board has not
reviewed the project.
Kelly Ohlson, 2040 Bennington Circle, stated he participated in both the open houses and the master
plan process and spoke of concerns raised regarding public/private partnerships, placement and design
of the lake commenting that portions of the lake infringes on natural areas. He spoke of the impacts
on wildlife habitat and raised questions regarding the design of the park. He stated the history of the
funds in Conservation Trust Fund did not provided for the spending of funds for this purpose. He
suggested the Natural Resources Advisory Board review the project.
Councilmember Janett made a motion, seconded by Councilmember Apt, to postpone consideration
of Resolution 95-85 to July 18, 1995, directing that the Natural Resources Advisory Board review
the item before it is brought back to Council. Yeas: Councilmembers Apt, Azari, Janett, McCloskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember McCluskey requested additional information regarding the support of the
neighborhood.
Councilmember Janett asked for information regarding maintenance of wetlands and what if any
expenses would be involved.
Councilmember Reports
Councilmember Apt reported the Growth Management Subcommittee met and appointed a Steering
Committee for the Comprehensive Plan process. He stated there were 21 positions to be filled and
invited the public to apply. He reported the Committee would also be looking at the Planning
Department's workload.
Mayor Azari clarified the committee would need to bring any direction back to Council for formal
Council direction so that there is a clear understanding between Council and staff.
Councilmember Apt stated the Committee also looked at the Foothills Policy as part of the
Comprehensive Plan update.
Councilmember Janett stated the Commission on the Status of Women will be wotking on its-1996— -
Task Force Report. She stated the Landmark Preservation Commission met and expressed concerns
' regarding elimination of sandstone pavers from the Linden Street Project.
181
June 20, 1995 '
Mayor Azari reported on the U.S. Conference of Mayors meeting she recently attended in Miami, Fla.
Resolution 95-86
Making Appointments to Various
Boards and Commissions. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
Vacancies currently exist, or shortly will exist, on various boards and commissions due to
resignations of board members and the expiration of terms of members of boards and commissions.
Applications were solicited during March, April and early May. Council received copies of the
applications and Council teams interviewed applicants during May and June.
This Resolution makes 48 appointments to 20 boards and commissions. Names of those individuals
recommended for appointment by each Council interview team have been inserted in the Resolution.
Interviews are still being held for several boards and commissions. These appointments will be
provided in a revised Resolution on June 20. '
The interview team for Planning and Zoning Board wishes to submit four names for Council's
consideration. The names are listed in alphabetical order. Applications are included for the four
applicants under consideration. "
Deputy City Clerk Molly Davis gave a brief presentation on this item, noting there was an additional
vacancy on the Landmark Preservation Commission, and stated Council needed to vote for candidates
on the Electric Board and Planning and Zoning Board inserting the names into the Resolution.
Dwight Smith, 1916 Harmony Drive, spoke in support of Bob Davidson's nomination for the
Planning and Zoning Board.
Frank Vaught, Vaught -Frye Architects, urged Council to use wisdom in its selection.
Jennifer Michelson stated it would be desirable to appoint boardmembers who represent a cross
section of the community.
Councilmember McCluskey, as liaison for the Golf Board, spoke of the reasons for the Golf Board
recommendations.
182
June 20, 1995
After Council discussion regarding the Electric Board appointments, Councilmember Apt nominated
Mr. Loomans to the Electric Board, naming Mr. Shuffler as an alternate. Councilmember Janett
seconded the nomination. Yeas: Councilmembers Apt, Azari, Janett, Smith and Wanner. Nays:
Councilmember McCluskey.
THE MOTION CARRIED.
After Council discussion regarding appointments to the Planning and Zoning Board, Councilmember
Janett nominated Mr. Colton and Mr. Davidson. Councilmember Apt seconded the nomination.
Yeas: Councilmembers Apt, Janett, Smith and Wanner. Nays: Councilmembers Azari and
McCluskey.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner, to adopt Resolution 95-86
inserting the names of Mr. Loomans to the Electric Board and Mr. Colton and Mr. Davidson to the
Planning and Zoning Board. Yeas: Councilmembers Apt, Azari, Janett, McCluskey, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 95-87
Making Appointments to the
Art in Public Places Board. Adonted.
The following is staff's memorandum on this item.
"Executive Summary
At its April 25, 1995 meeting, Council adopted on second reading Ordinance No. 21, 1995, creating
the Art in Public Places Board. The Board was created to (1) advise and make recommendations
to the City Council regarding incorporation of works of art into construction projects and regarding
expenditures from the Art in Public Places Reserve Account for artists, works of art, and sites for
placement of works of art, following established and published guidelines; (2) advise and make
recommendations to the City Council regarding the acceptance of offers to donate art to be placed
in public areas and regarding the site for placement of such donated art; (3) advise and make
recommendations to the Director of Cultural, Library, and Recreational Services and the City
Council as to rules, regulations, guidelines, policy, administrative, and budgetary matters pertaining
to the Art in Public Places Program.
183
June 20, 1995 '
Following creation of the Board, advertisements were placed in local newspapers. The Cultural
Resources Board conducted interviews and recommended names to Councilmembers for the three
positions to be filled by arts professionals. Councilmembers Smith and Azari also conducted
interviews and are recommending that the following individuals be appointed to the Board to serve
terms as indicated below:
Name
Exoiration of Term
William Cordiner*
July 1, 1997
Richard Ward
July 1, 1997
Susan Sternlieb*
July 1, 1998
Joe Vasant
July 1, 1998
Jim Lynxwiler*
July 1, 1999
Jane Liska-Smith
July 1, 1999
Deanna Harpham
July 1, 1999
*arts professional"
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution
95-87. Yeas: Councilmembers Apt, Azari, Janett, McCluskey, Smith and Wanner. Nays: None. I
THE MOTION CARRIED.
Items Relating to
the City Manager. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 95-88 Approving the Employment Contract for the City Manager.
B. First Reading of Ordinance No. 84, 1995, Amending Section 2-596 of the Code of the City of
Fort Collins and Fixing the Salary of the City Manager.
BACKGROUND:
following the resignation of former City Manager Steven C. Burkett, which was effective October 21,
1994, the City Council appointed Deputy City Manager Diane Jones as Interim City Manager
through the adoption of Resolution 94-173, pending the appointment of a new City Manger. The
Council then established, through the adoption of a series of resolutions, a selection process that
184 '
I
June 20, 1995
r
utilized the services of an executive search firm for the development of a position profile and the
screening of candidates for the position. Over 170 applicants for the position of City Manager were
received by the City. Finalist were identified and were interviewed by the Council, and by a citizen
committee and two employee committees. At the conclusion of the process John F. Fischbach, City
Manager of Vancouver, Washington, was selected as a leading candidate.
On May 30, 1995, the Council authorized a delegation of individuals, consisting of Mayor Pro Tem
Gina Janett, Councilmember McCluskey and City Attorney Steve Roy, to visit Vancouver,
Washington, for the purpose of gathering additional information from that community regarding Mr.
Fischbach. After receiving feedbackfrom this delegation, the Council met in Executive Session with
Mr. Fischbach on June 9, 1995, to discuss the possibility of his employment with the City.
Negotiations were subsequently entered into between the City and Mr. Fischbach regarding the terms
and conditions of Mr. Fischbach's employment contract.
A proposed employment agreement has been executed by Mr. Fischbach and is being presented to
the City Council for its consideration. If the agreement is acceptable to the Council, the adoption
of Resolution 95-88 would appoint Mr. Fischbach as the new City Manager for the City of Fort
Collins pursuant to the terms and conditions of the employment contract. The passage of Ordinance
No. 84, 1995, would amend Section 2-596 of the City Code to establish the initial base salary of the
City Manager on first reading. "
City Attorney Steve Roy withdrew from discussion on this item due to perceived conflict of interest.
Assistant City Attorney John Duval presided as acting attorney.
Human Resources Director Jaime Mares gave a brief presentation outlining the terms of the
Employment Agreement and clarified Council received a revised page 6 of the Employee Agreement
in their "read before the meeting folder".
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 95-88
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, McCluskey, Smith and Wanner. Nays: None.
INsoIN•N711000ty%la71oa
Councilmember Janett made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 84,
1995, on First Reading inserting the amount of $98,715.
Mayor Azari thanked Assistant City Attorney John Duval and Human Resources Director Jaime
' Mares for all their work on this item.
185
June 20, 1995 '
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
After conclusion of discussion on this item City Attorney Steve Roy returned to the Chambers.
Items Relating to the
Advisory Opinions and Recommendations
of the Ethics Review Board, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 95-89 Accepting the Advisory Opinion and Recommendation No. 95-4 of the Ethics
Review Board.
B. Resolution 95-90 Accepting the Advisory Opinion and Recommendation No. 95-5 of the Ethics I
Review Board.
C. Resolution 95-91 Accepting the Advisory Opinion and Recommendation No. 95-6 of the Ethics
Review Board.
Section 2-569(e) of the City Code provides that all opinions and recommendations of the Council
Ethics Review Board.be submitted to the full Council for review and approval. An Alternate Ethics
Review Board met on June 5, 1995, to render an opinion on whether members of City Council who
received campaign contributions from former Councilmember Gerry Horak had a conflict of interest
in participating in the formulation or review of an Ethics Board opinion which dealt with a question
.presented by Mr. Horak. That meeting resulted in the issuance of Opinion No. 95-4.
Additionally, the regular Ethics Review Board met on June 14, 1995, to render opinions on the
following questions: (1) whether Carl McWilliams, a member of the Landmark Preservation
Commission, has a conflict of interest in reviewing recommendations made on behalf of City staff by
his wife, Karen McWilliams, an employee of with the Advanced Planning Department, and (2)
whether Councilmembers Gina Janett, Will Smith and Chuck Wanner have a conflict of interest in
participating in the City Council's decision regarding the Eastside and Westside Neighborhood
Guidelines. That meeting resulted in the issuance of Opinions No. 95-5 and 95-6.
tE-!
I
June 20, 1995
Pursuant to the requirements of the Code, these three opinions are being presented to the Council
for its review and possible approval. "
City Attorney Steve Roy gave a brief presentation on this item and recommended that the opinions
be considered one at a time.
Councilmembers Azari, Smith and Wanner withdrew from discussion on this item due to a conflict
of interest.
City Attorney Steve Roy gave an explanation regarding the nature of the issue and summarized the
opinion.
Councilmember McCloskey made a motion, seconded by Councilmember Apt, to adopt Resolution
95-89. Yeas: Councilmembers Apt, Janett and McCluskey. Nays: None.
THE MOTION CARRIED.
Councilmembers Azari, Smith and Wanner were seated after the vote.
' Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Resolution 95-
90. Yeas: Councilmembers Apt, Azari, Janett, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Janett thanked Mr. McWilliams for bringing this issue to Council's attention.
Councilmember Janett, Smith and Wanner withdrew from discussion on this item due to a conflict
of interest.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution
95-91. Yeas: Councilmembers Apt, Azari and McCluskey. Nays: None.
THE MOTION CARRIED.
Councilmembers Janett, Smith and Wanner were seated after the vote.
187
June 20, 1995 '
Resolution 95-92
Finding Substantial Compliance and
Initiating Annexation Proceedings
for the Snyder Annexation. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
The property being considered for annexation is approximately 4.0104 acres in size and is located
at the northeast corner of the intersection of West Vine Drive and North Shields Street. The
annexation is comprised of one parcel with three owners. Two of the owners (67%), Ben and
Rosemarie Snyder, own approximately 3.07 acres of the 4.0104 total acres (77% of the area). The
Snyders have voluntarily requested to be annexed into the City of Fort Collins as a 50%+ voluntary
annexation. The property is currently zoned C, Commercial, in the County. The proposed zoning
for this annexation is C, Commercial with a condition that the permitted uses be limited to gas
stations and those uses permitted in the B-L, Limited Business District. '
The proposed Resolution determines that the annexation petition complies with the Municipal
Annexation Act. The Resolution also determines that a hearing should be established regarding the
annexation and directs that notice be given of the hearing. The hearing will be held at the time of
first reading of the annexation and zoning ordinances on August 1, 1995.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Lorimer County contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA (specifically Policy 2.10 c) the City will agree to consider annexation of property in the UGA
when the property is eligible for annexation according to state law.
This property has 330 feet of its total boundary contiguous to existing City limits, exceeding the
minimum of 298.24 feet required to achieve 116 contiguity. The annexation consists of one parcel of
land with three owners. The owners are as follows:
1. Ben Snyder
P.O. Box 20801
Fort Collins, CO 80522
2. Rosemarie Snyder
Im
11
June 20, 1995
P.O. Box 20801
Fort Collins, CO 80522
3. Gallagher Oil Corporation
3223 Arapahoe Road, Suite 201
Boulder, CO 80303
Mr. and Mrs. Snyder constitute 67% of the owners who own 77% of the area proposed for
annexation. State law requires more than 50% of the owners who own more than 50% of the
proposed area sign the annexation petition. Gallagher Oil Corporation, the owner of the Gas -A -Mat,
has not responded to correspondence from the Snyders' attorney pertaining to the Annexation
Petition.
The properties are currently zoned C, Commercial, in the County. The proposed zoning for this
annexation is C, Commercial with a condition that the permitted uses be limited to gas stations and
those uses permitted in the B-L, Limited Business Zoning District. The proposed zoning creates the
fewest non -conforming uses and is compatible with the surrounding zoning.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request
at its regular monthly meeting on June 26, 1995, and will make its recommendation at that time. The
Board's recommendation will be forwarded to the City Council in time for the first readings of the
ordinances annexing and zoning the area, scheduled for August 1, 1995. "
City Planner Mike Ludwig briefly outlined the item and stated that the annexation petition received
complies with the Municipal Annexation Act and urged Council to adopt the Resolution.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Resolution
95-92. Yeas: Councilmembers Apt, Azari, Janett, McCloskey, Smith and Wanner. Nays: None.
1 ."=Tjtell 0812rom117100
Resolution 95-93
Finding Substantial Compliance
and Initiating Annexation Proceedings
for the Third Fisher - Lemay Avenue Annexation Adopted
The following is staff's memorandum on this item.
June 20, 1995 '
"Executive Summary
The applicant, Mr. Steve Wilson of Colorado Land Source Associates, on behalf of the property
owners, Springer -Fisher Inc., and Catherine S. Fisher and the Catherine I Fisher Trust, has
submitted a written petition requesting annexation of approximately 36.22 acres located east of
Lemay Avenue and south of East Lincoln Avenue.
The proposed Resolution makes a finding that the petition substantially complies with the Municipal
Annexation Act, determines that a hearing should be established regarding the annexation, and
directs that notice be given of the hearing. The hearing will be held at the time of the first reading
of the annexation and zoning ordinances. Not less than 30 days of prior notice is required by
Colorado law.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA, the City will consider the annexation of property in the UGA when the property is eligible
for annexation according to state law. The property gains the required one -sixth contiguity to
existing city limits from a common boundary with on the north (Fort Collins Business Center
Annexation and East Lincoln Third Annexation), west (Lemay Avenue Second Annexation), and south ,
(Second Fisher-Lemay Avenue Annexation) sides of the subject property.
If the Council passes the Resolution, the annexation process will proceed and the Planning and
Zoning Board will conduct a public hearing on the request for annexation and zoning at its regular
monthly meeting on June 26, 1995, and will make its recommendation at that time. The Board's
recommendation will be forwarded to the City Council in time for the public hearing and first
readings of the annexation and zoning ordinances scheduled for August 1, 1995. The Council's
passing of the Resolution does not commit the City to eventual approval of the annexation request.
If the Council does not pass the Resolution, the annexation process will not proceed and the property
owner could than seek development approval through Lorimer County. "
Senior City Planner Ted Shepard gave a brief presentation_ on this item.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Resolution
95-93. Yeas: Councilmembers Apt, Azari, Janett, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner, that the Growth
Management Subcommittee screen the applications for the City Plan Advisory Committee so that '
190
I
June 20, 1995
r
Council can then interview and appoint members to the Steering Committee. Yeas: Councilmembers
Apt, Azari, Janett, McCluskey, Smith and Wanner. Nays: None.
1
THE MOTION CARRIED.
Director of Community Planning and Environmental Services Greg Byrne reported on the scheduled
completion date. He anticipated that appointments would be made by July 18.
Councilmember Janett reported the Growth Management Committee urged all Councilmembers to
assist in the selection process, stating she anticipated a very large applicant pool.
Councilmember Smith spoke of various methods to incorporate youth in the process.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett,
McCluskey, Smith and Wanner. Nays: None.
Is I N 11903
Councilmember Smith requested updated information regarding Timberline Road.
Interim City Manager Diane Jones noted she would supply Council with the updated information in
their next Council packet.
Councilmember McCluskey thanked Diane Jones and Frank Bruno for all their work during their
interim appointments.
Councilmember Apt requested additional information regarding City Dialogue as it relates to natural
areas spending and depletion of open space land.
Councilmember Apt asked for information regarding the Homestead Tax.
191
AdiournmenJune 20, 1995
t ,
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adjourn to June 27,
1995 at 6:30 p.m. to he the Marsee Appeal. Yeas: Councilmembers Apt, Azari, Janett, McCluskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 10:00 p.m.
ATTEST:
ClerkCity
192