Loading...
HomeMy WebLinkAboutMINUTES-01/19/1993-RegularJanuary 19, 1993 ' COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, January 19, 1993, 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: Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Staff Members Present: Burkett, Krajicek, and Roy. Citizen Participation a. Presentation of Plaque by CGFOA to Bob Eichem as 1992 Financial Officer of the Year for the State of Colorado. Alan Krcmarik, Finance Director, stated that Bob Eichem has worked for the City for over 3 years and has done an outstanding job. He stated that Mr. Eichem has stabilized the City's Sales Tax Program and exceeded the City's investment objectives. Ron Duncan, Denver Water Board, presented the CGFOA award to Bob Eichem. He ' stated that Mr. Eichem has performed an outstanding job as a member of the organization. Marlene Sauders, New Bridges representative, asked the City for aid in restoring service for the homeless and unemployed within the City. Agenda Review City Manager Burkett pointed out Ordinance No. 116, 1992, Agenda Item 22, and Resolution 93-14, Agenda Item 25, contain minor revisions. Bruce Lockhart requested that Item #8, Second Reading of Ordinance No. 3, 1993, Granting an Exemption to Summit Biotechnology, Inc., from the Payment of Certain Development and Utility Fees and Making Appropriations From Prior Year Reserves in the General Fund into Various Funds of the City in the Amount of the Fees Exempted, be withdrawn from the Consent Calendar. Councilmember Maxey requested that Item #11, Hearing and First Reading of Ordinance No. 5, 1993, Vacating a Portion of Right -of -Way for Foxtail Street and Sugarpine Street in the Evergreen Park Subdivision, be withdrawn from the Consent Calendar. r January 19, 1993 1 Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #17, Pulled Consent Items. 7. Fli The City issued $800,000 of industrial development revenue Bonds in 1982 for the Tulakes Associates Project. The proceeds of the bonds allowed the construction and equipping of an office and manufacturing facility in the City. The initial bond issue was structured as a ten year bond, with a balloon payment in 1992. At the time the 1982 bonds were issued, project proponents envisioned refinancing of the debt in 1992 to lower interest rates. Tulakes Associates and Bank One have agreed to refinance the project to extend the term of the bonds for up to an additional ten (10) years. As ' issuer of the bonds, the City must also consent to the modification of the bonds. Over the years, the tax laws have changed. The extension of the bonds will change their tax status from tax-exempt to taxable. This Ordinance, which was unanimously adopted on First Reading on January 5, 1993, authorizes the Mayor and the City Clerk to endorse and sign the documents required to make the changes to the bonds. This Ordinance, (Option 2 as presented on January 5) which was unanimously adopted on First Reading on January 5, 1993, provides for the waiver of certain fees by the Council in recognition of the positive economic impact Summit Biotechnology will have on the economic and job base of the City. This determination is based on the fact that the company is a basic industry that will provide upward to 60 new scientific, technical and support jobs over a three year period. 349 1 January 19, 1993 a Brett Larimer has petitioned to include the property he owns in the 300 block of Mathews Street in the Downtown Development Authority District. To be annexed, the property or properties must be contiguous to the existing district and all property owners must consent to the annexation. In this instance, Mr. Larimer's property is separated from the DDA District by a City -owned parking lot located behind the DMA Plaza building. To meet the legal requirements for annexation, the City must authorize the annexation of its own property into the DDA District, approve the annexation of Mr. Larimer's property, and amend the DDA creation ordinance to include the additions of both these properties within the District. 10. The City solicited proposals for this lease -purchase package on November 6, 1992. Because of the uncertainty created by Amendment 1, First ' Interstate Bank, the low bidder, chose to withdraw its offer of financing (4.9%). The second low bidder also withdrew. The next lowest bidder Safeco Credit Company Inc. will honor its bid to the City and will agree to changes required to comply with the provisions of Amendment 1. Based on the original list of equipment to be purchased the higher interest rate will result in additional interest payments of $11,728. This Ordinance will authorize the Purchasing Agent to enter into a lease - purchase financing agreement with Safeco Credit Company Inc. at 5.65% percent interest rate for the lease of the required vehicles and equipment. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. Under the terms of the lease -purchase agreement, no long term debt is incurred since the lease is subject to annual renewal and appropriation. This Ordinance will vacate excess right-of-way for Foxtail Street and Sugarpine Street, dedicated with the Replat of Evergreen Park 2nd Filing, located north of Conifer Street and west of North Lemay Avenue. 350 12. 13. January 19, 1993 ' The City Wastewater Utility has developed an alternative procedure to use in calculating the wastewater surcharge applied to customers that discharge wastewater containing higher than normal levels of organic material. The alternative procedure is based on a laboratory test known as Total Organic Carbon (TOC). The new procedure was developed to replace the Chemical Oxygen Demand test (COD) because the COD test generates a hazardous waste. Extensive laboratory testing has allowed the Wastewater Utility to develop a TOC surcharge rate that is equivalent to the COD surcharge rate it will replace. Using the new TOC surcharge rate will not have a significant effect on the dollar amounts charged to industrial customers. The Resolution would authorize the Mayor to enter into a two year agreement with Colorado State University to collect and process potable water samples on campus and to report the results to the City. The purpose of the sampling is to facilitate identifying and correcting any drinking water quality problems that might occur at CSU. 14. Resolution 93- Each year the City is required to update its five-year plan (TDP) for transit services in Fort Collins. This update includes an additional route approved by Council during the 1993 budget process. This route will be placed in service on January 25, 1993. Its emphasis is the transit dependent population. Staff is requesting adoption of the amended 1991-1995 TDP. This action is required annually by the Federal Transit Administration, U.S. Department of Transportation. 351 I January 19, 1993 15. Resolution 93-11 Authorizing the City Manager to Enter into an Agreement The Parkland Fund Policy of the City of Fort Collins states that a neighborhood park should be provided in every square mile of the city that is primarily residential. Parkland Fees are collected from the development of residential units to pay for the acquisition, and development of these parks. The 1988 Parks and Recreation Master Plan identified a future park site in the Fox Meadows/Sunstone neighborhood. Recent development of the English Ranch Subdivision in this area has provided staff with the opportunity to negotiate the acquisition of 5.4 acres for a park site. This site is adjacent to an existing regional detention pond and is in close proximity to Linton Elementary School. Final purchase is subject to an environmental inspection. 16. Routine Deeds and Easements. a. Deed of Dedication from Alfalfa's FC, Inc. for drainage purposes over a portion of Lot 23, South Mesa Subdivision. Monetary Consideration: $0. ' b. Deed of portion Dedication from of Lot 23, South Alfalfa's FC, Inc. for a sidewalk over a Mesa Subdivision. Monetary Consideration: $0. C. Deed of Easement from Shirley and Alfred DeSautels for a sidewalk over a portion of Lot 21 and Lot 22, South Mesa Subdivision. Monetary Consideration: $0. d. Deed of Dedication from Harold R. Webster for sewer over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. Deed of Dedication from Harold R. Webster for sewer (No. 1) over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. Deed of Dedication from Harold R. Webster for sewer (No. 2) over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. g. Deed of Dedication from Harold R. Webster for sewer (No. 3) over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. 1 352 January 19, 1993 h. Deed of Dedication (40', 50', and 70') from Harold R. Webster for drainage purposes over portions of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. i. Deed of Dedication from Harold R. Webster for utility purposes over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. j. Deed of Easement from Harold R. Webster for a detention pond over a portion of land adjacent to Stoneridge 1st Filing PUD. Monetary Consideration: $0. k. Deed of Easement from Collins Partners for a detention pond adjacent to Bockman Drive and JFK Parkway, Fort Collins, CO. Monetary Consideration: $0. 1. Deed of Easement from Wayne K. Schrader for a detention pond adjacent to JFK Parkway, Fort Collins, CO. See Map #3. Monetary Consideration: $0. M. Utility Easement form Wayne K. Schrader for utility purposes on the east side of JFK Parkway, Fort Collins, CO. Monetary Consideration: $0. n. Easement Dedication from Oak Farm Inc. for drainage purposes over a , portion of land adjacent to Boardwalk Drive and Lemay Avenue, Fort Collins, CO. Monetary Consideration: $0. o. Easement Dedication from Oak Farm Inc. for drainage purposes over a portion of land adjacent to Boardwalk Drive, Fort Collins, CO. Monetary Consideration: $0. P. Easement Dedication (8' and 15,) from Oak Farm Inc. for utility purposes along Boardwalk Drive, Fort Collins, CO. Monetary Consideration: $0. q. Easement Dedication from Oak Farm Inc. for a drainage pond over a portion of land adjacent to Upper Meadows at Miramount 1st Filing. Monetary Consideration: $0. r. Deed of Dedication from Timberline Partners Ltd. for temporary drainage purposes over a portion of land adjacent to Dakota Ridge 1st Filing. Monetary Consideration: $0. S. Deed of Dedication from Timberline Partners Ltd. for temporary sanitary sewer purposes over a portion of land adjacent to Dakota Ridge 1st Filing. Monetary Consideration: $0. 353 , 0 January 19, 1993 t. Deed of Dedication from Timberline Partners Inc. for temporary emergency access over a strip of land running from Timberline Road to Dakota Ridge 1st Filing. Monetary Consideration: $0. U. Powerline Easement from Donna Braun, 815 Myrtle, needed to underground existing overhead electric services. Monetary Consideration: $75. V. Easement and Temporary Construction Easement from Evelyn Minatta needed for drainage of groundwater. Monetary Consideration: $2,000. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. 91 23 Items Related to the Timberline Annexation and Zoning Option A A. Second Reading of Ordinance No. 122, 1992, Annexing Approximately 435.0 Acres, Known as the Timberline Annexation. Items on First Reading were read by title by City Clerk Wanda Krajicek. k! 10. 11. 12. 354 WE 22. 23 January 19, 1993 1 Hearing and First Reading of Ordinance No. 7, 1993 of the Council of the City of Fort Collins Approving the City of Fort Collins Prospect Road Streetscape Program and Incorporating it as an Element of the Comprehensive Plan of the City of Fort Collins and Adopting the Prospect Road Streetscape Program Standards and Guidelines. Items Related to the Timberline Annexation and Zoning Option A B. Hearing and First Reading of Ordinance No. 123, 1992, Zoning Areas within the Timberline Annexation Into Approximately 24.0 Acres of the I-P, Industrial Park, District and 411.0 Acres of the T- Transition, District. Option B A. Hearing and First Reading of Ordinance No. 8, 1993, Annexing Approximately 87.6 Acres, Known as the Timberline Annexation. ' B. Hearing and First Reading of Ordinance No. 9, 1993, Zoning Areas within the Timberline Annexation Into Approximately 24.0 Acres of the I-P, Industrial Park, District and 63.6 Acres of the T- Transition, District. Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 355 1 1 January 19, 1993 Ordinance No. 3, 1993 Granting an Exemption to Summit Biotechnology, Inc., from the Payment of Certain Development and Utility Fees and Making Appropriations From Prior Year Reserves in the General Fund into Various Funds of the City in the Amount of the Fees Exempted, Adopted. The following is staff's memorandum on this item. °EXECUTIVE SUMMARY This Ordinance, (Option 2 as presented on January 5) which was unanimously adopted on First Reading on January 5, 1993, provides for the waiver of certain fees by the Council in recognition of the positive economic impact Summit Biotechnology will have on the economic and job base of the City. This determination is based on the fact that the company is a basic industry that will provide upward to 60 new scientific, technical and support jobs over a three year period." Councilmember Edwards made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 3, 1993 on Second Reading. Bruce Lockhart, 1100 East Harmony Road, expressed his concern about waiving development fees for companies. He stated the taxpayers will cover the development costs not assessed to this company and believed it was extremely unfair. He commented the company has also applied to the County for designation of the site as a depressed area and it may be designated as an Enterprise Zone. He stated if the County were to proceed with those designations it would also give the company special tax breaks from the State. Barbara Allison, 1212 Lynnwood Drive, asked who owned the company and who is developing the property. City Manager Burkett responded that Summit Biotech is a subsidiary of Monfort, which is a subsidiary of ConAgra. He stated it was unsure who was going to develop the property. Councilmember Horak stated the policy of waiving fees should be examined. He felt each particular project that comes before Council should be reviewed on an individual basis. Mayor Kirkpatrick stated the Enterprise Zone application for the site is not going forward. She stated if the County were to apply for the Enterprise Zone it would not include the Centre for Advanced Technology as a low- income/depressed area. 356 January 19, 1993 The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers ' Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 5, 1993 Vacating a Portion of Right -of -Way for Foxtail Street and Sugarpine Street in the Evergreen Park Subdivision. Postponed to Feb. 2. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY This Ordinance will vacate excess right-of-way for Foxtail Street and Sugarpine Street, dedicated with the Replat of Evergreen Park 2nd Filing, located north of Conifer Street and west of North Lemay Avenue. On January 14, 1993, the Planning Director approved a minor subdivision entitled "The Second Replat of Evergreen Park Second Filing", which replatted a portion of the Evergreen Park subdivision that was never constructed. Since the time of ' the approval of the previous subdivision plat, the City has adopted new street standards which do not require as much right-of-way width for a local street as was previously required under the old street standards. The developer of "The Second Replat of Evergreen Park Second Filing" has redesigned the streets and utility easements to current City standards. Therefore, for street purposes, the excess right-of-way is no longer needed. The developer has requested vacation of the excess right-of-way width as shown on Map R1. The portions of Foxtail Street and Sugarpine Street affected by the proposed vacation were never constructed and no houses have been constructed on the lots fronting those portions of the streets. A11.City and private utilities have been notified of the proposed right-of-way vacation and have no objections. The excess right-of-way is no longer necessary and is proposed for vacation at this time." Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 5, 1993, on First Reading. Councilmember Maxey believed the configuration of the street creates an unsafe traffic situation. City Manager Burkett stated the proposed design meets all the standards for safe operations of vehicles. 357 , I January 19, 1993 Mayor Kirkpatrick stated the map is not completely representative of the street angle and could provide for some misconception. Councilmember Maxey stated the angle of the corner is less than 90 degrees and believed the addition of traffic from Sugarpine will create more traffic which will greatly impact the safety of the area. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to postpone consideration of this item until the February 2, 1993 meeting. He stated that in the interim, Councilmembers need to receive more information on Councilmember Maxey's concerns. The vote on Councilmember Horak's motion to postpone Ordinance No. 5, 1993, to February 2, 1993, was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Mayor Kirkpatrick mentioned the Mulberry Pool had reopened and looks outstanding. She felt the City made a great investment and is looking forward to its future impact on the Fort Collins Community. She stated that local elected officials from all over the world received an invitation to participate in the United Nations Conference on environmental issues. She stated that she would be participating and sharing the City's Energy Policy, Air Quality Strategic Plan, and information on transportation planning. Ordinance No. 7, 1993 of the Council of the City of Fort Collins Approving the City of Fort Collins Prospect Road Streetscape Program and Incorporating it as an Element of the Comprehensive Plan of the City of Fort Collins and Adopting the Prospect Road Streetscape Program Standards and Guidelines. Adopted. The following is staff's memorandum on this item. 'EXECUTIVE SUMMARY In September of 1991, staff began a formal planning process for a four mile section of east Prospect road which has resulted in the Prospect Road Streetscape Program. The study area consists of all properties within 113 mile of Prospect Road from Riverside Drive on the west, to the Urban Growth Area boundary one mile east of I-25 (County Road 5). 358 January 19, 1993 The Prospect Road Streetscape Program establishes design standards and guidelines for future Streetscape development. The standards and guidelines provide a framework for decision -making for both the City as well as private developers proposing projects and/or improvements in the corridor and, as an evaluation tool by the Planning and Zoning Board in the development review process. The Program also includes several Implementation Actions that entail additional research and/or design work. The Program provides an opportunity to implement several goals and objectives of the City's Comprehensive Plan. This program is part of a continuing effort to plan for the future development of the City's major gateways. The project was identified in the 1991-1993 Council Work Plan and the 1990 Audit of the Land Development Guidance System. City staff, property owners, interested citizens and four City boards have all contributed to the planning effort. On December 17, 1992, the Planning and Zoning Board recommended approval and adoption of the Prospect Road Streetscape Program. BACKGROUND In September of 1991, City staff began a formal planning process for a four mile section of east Prospect Road which has resulted in the Prospect Road Streetscape Program. This effort was initiated in direct response to the 1991 - 1993 Council ' Work Plan and the 1990 Audit of the Land Development Guidance System. It is also a part of a continuing effort to plan for the future development of the City's major gateways including Harmony Road, North College Avenue and the 1-25 corridor. The Study area consists of all properties within 113 mile of Prospect Road from Riverside Drive on the west, to the Urban Growth Area boundary one mile east of 1-25 (County Road 5). In November of 1991, the Planning and Zoning Board reviewed and accepted the Mission Statement and Work Program for this project. In this regard, the Planning and Zoning Board has served as the steering and advisory committee to City staff. The planning effort also included many formal and informal opportunities for citizen comment. The recommended Program including the standards and guidelines (PART TWO) and associated implementation actions are the result of this intensive planning effort. Four streetscape styles are described in the Program -- BUSINESS PARK, NATURAL SHRUBSCAPE, PROSPECT GATEWAY and the INTERCHANGE. Together, these four styles create a vision for the future of this important gateway. The basic premise of the Program is that the improved visual appearance of Prospect Road will play a vital role in enhancing the liveability, quality and economic health of the area. The recommended styles were chosen from a number of.alternatives that have been discussed in detail over the past year. Staff recommends these styles on the 359 January 19, 1993 basis of being most compatible with the future development plans and expectations for the corridor area, natural environment, cost and maintenance and for creating a positive "entryway" image into the community. Once adopted, the design guidelines and standards will be implemented through the Land Development Guidance System (LDGS) and with limited application to the landscape requirements in the RC, River Corridor Zoning District. A series of recommended implementation actions and funding strategies for the Program are included in PART ONE of the Program. Some of the recommended actions will require additional research, planning and/or design work. APPROACH The Prospect Road Streetscape Program provides an opportunity to implement several goals and objectives of the City's Comprehensive Plan as contained in the Goals and Objectives document. First, the Goals and Objectives document contains statements encouraging design characteristics which lend clarity and identity to unique areas of the community. The recommended design styles for the Prospect Corridor were influenced by several major physical features including the Cache La Poudre River, expansive views, Interstate 25, public open space, existing wetlands and a network of waterways created by gravel mining operations. ' The Goals and Objectives document also provided guidance for the development of the Program in terms of being sensitive to the natural environment of the area, discouraging development within f7oodplains and directing growth away from environmentally unique lands with scenic, natural, historical or recreational value. The Poudre River floodway, located between the existing Prospect Road bridge and Summit View Drive, is an environmentally sensitive area that has unique scenic and historical qualities and offers both recreational and educational opportunities. In regards to broad community design goals, the Goals and Objectives document states that the City should develop the total environment in such a way as to provide harmony with nature and beauty in the man-made features. Secondly, the City should consider aesthetics in community development, and lastly, that enhancement of the public street appearance should be given high priority with particular attention to most viewed, used streets and entrance highways. The Prospect Corridor offers a unique opportunity to implement these goals as one- third of the Prospect Corridor is developed, approximately one-third is within the Cache La Poudre River floodway and the remaining third has the potential to be developed over the next 20 years. In addition to this foundation, some recent events further reinforced the urgency for developing a vision for the corridor including but not limited to expansion plans of the CSU Environmental Learning Center which entails frontage along Prospect Road; initiation of a City/CSU pre -master planning effort for a portion of the corridor referred to as the "Landscape Opportunity Study"; discussions of 360 January 19, 1993 1 a new CSU Visitors Center on Prospect Road; Council's declaration of 1992 as the "Year of the River", and; approval by the State for a new tourism center on the southwest corner of the I-25/Prospect interchange. In the fall of 1991, the Planning Department staff prepared a Mission Statement and Work Program for a streetscape design plan for Prospect Road. The Mission Statement and Work Program (see APPENDIX A - MISSION STATEMENT AND WORK PROGRAM in the DRAFT) were formally adopted by the Planning and Zoning Board on November 18, 1991 and the planning process was officially underway. City staff, property owners, interested citizens and four City Boards have all contributed to the planning effort. The planning process has spanned 16 months. The Prospect Road Streetscape Program is the product of this effort. THE PROCESS The planning process involved two parallel work efforts; a technical planning effort and a public participation process. The technical planning effort involved an inventory and analysis of existing conditions, an examination of opportunities and constraints, and development of design concepts for streetscape improvements along Prospect Road. At the same time, a public participation process identified concerns and issues in the corridor. The Planning and Zoning Board has served as the steering ' committee and has provided guidance and advice to staff throughout the planning process. Three City advisory boards; Natural Resources Advisory Board, Storm Drainage Board, and the Parks and Recreation Board, provided input into the Program along with many property owners, CSU and interested citizens. Staff held a worksession with City Council on June 9, 1992 to discuss the design styles and implementation options (See EXHIBITS 9 and 15 for Staff response's to Council issues and concerns). Staff hosted five public open houses as well as numerous special meetings which generated comments and ideas, and have helped shape the Program (See APPENDIX B - CHRONOLOGY OF CITIZEN PARTICIPATION EVENTS in the DRAFT). THE PROGRAM The Prospect Road Streetscape Program establishes design standards and guidelines for future streetscape development and represents an important opportunity to create a more cohesive and unified streetscape at a major entrance to Fort Collins. The Program contains an introduction, existing conditions and analysis, design concepts, implementation strategies and the standards and guidelines. For ease of use and adoption, the Program is divided into two sections, with PART ONE describing the process and analysis phase of the Program, and; PART TWO containing the design standards and guidelines. The analysis of existing conditions helped define four distinct districts within the corridor. The Program addresses each district's unique attributes with design styles, standards, guidelines and implementation strategies. 361 1 1 January 19, 1993 PART ONE addresses the purpose, process, background and intent of the Program as well as provides an analysis and description of existing physical conditions, cultural conditions, and major issues. PART ONE concludes with the implementation actions and strategies for funding the Program. A comprehensive review of City policies, documents and plans was conducted during this step of the program (see APPENDIX C - DOCUMENTS, PLANS AND POLICIES in the DRAFT). Current and proposed master plans for transportation and land use were also evaluated and have been considered in the formulation of the design recommendations. Four design concepts or styles were chosen for the Program. Each reflects the unique opportunities and existing conditions in the area. The Business Park style was developed based on the existing character of the Urban Developed District, and; the Natural Shrubscape style strives to create the native character of the Riverway District in existence prior to the introduction of gravel mining and the influence of pioneer settlers. The Prospect Gateway style establishes a distinct landscape character for the Rural Residential District and the Highway Corridor, and; the Interchange Style creates a striking "entryway" image for this area. PART TWO of the Program details the standards and guidelines for each design style in the corridor. The standards and guidelines address setbacks, grading, access, fencing, lighting, architectural design, parking and service areas, landscaping and maintenance. Recommendations are made for the transition areas between Districts as well as landscape treatment at arterial and collector street intersections. A detailed appendix of recommended plant materials and the procedural applications is included in PART TWO. When taken together, the two parts create a unified vision for the future of the Prospect Corridor that will guide both public and private decision -making in the area for the next 20 years. Prospect Corridor is estimated to develop over a 20 year time period and the implementation section defines a program that spans this time frame and provides flexibility if new funding sources or alternative Implementation Actions are identified. A number of recommended Implementation Actions and Funding Options are included in PART ONE of the Program. The Actions summarize additional studies or research, or regulatory items which affect both the public and private sector and identify lead agencies and timing. Included among the Implementation Actions is the adoption of the design standards and guidelines. When adopted, these standards and guidelines will implement the design styles described in the Program, by creating a unified design framework for improvements along the streetscape. The standards and guidelines complement the existing elements of the Comprehensive Plan and agree with other plans or ' studies currently being prepared, including but not limited to the Area Wide 362 January 19, 1993 TransP ortation Plan, and the Poudre River Master Drainageway Plan. The standards ' and guidelines provide a framework for decision -making for both the City as well as private developers proposing projects and/or improvements in the corridor, and; as an evaluation tool by the Planning and Zoning Board and City staff in the development review process. The standards and guidelines will apply to all planned unit developments and will have limited application (limited to landscape requirements) in the RC, River Corridor Zoning District. The Program also includes several Implementation Actions that entail additional research and/or design work. For example, the staff recommends that a comprehensive master plan be prepared for the Riverbend Ponds open space area, and that future research be undertaken on the potential impacts on existing natural areas resulting from upgrading Prospect Road to urban standards. Other recommendations include continuing existing discussions among City departments, CSU, gravel companies, State Department of Transportation and adjacent property owners in regard to future planning and development within the Corridor, as well as proposed improvements to the I-25 interchange. On December 17, 1992, the Planning and Zoning Board recommended approval and adoption of the Prospect Road Streetscape Program (Resolution #92-18) recommended to the City Council the inclusion of the Program as an element of the City of Fort Collins' Comprehensive Plan and recommended that the City Council adopt the ' Program's standards and guidelines as amended (PART TWO). At the November Planning and Zoning Board meeting the Board received public testimony on the Prospect Road Streetscape Program as part of the public review process. The Board heard from property owners in the Corridor, they also raised concerns of their own. The item was tabled until the December meeting in order for Staff to address the concerns and issues raised at the hearing. The Planning staff held a worksession with the Board on November 24, 1992 to discuss the issues and receive direction. Staff prepared a detailed Memo (EXHIBIT 11) which addressed the concerns and issues. The staff memo presented "Options" for the Board to vote on regarding Architectural standards and guidelines, reducing the lighting levels within the Corridor, the impacts of Setbacks on existing residential lots in the Corridor, cost/benefit issues and existing traffic impacts within the Corridor. The Planning and Zoning Board recommended that the City Council approve the Prospect Road Streetscape Program with Option III as amended, for the Natural Shrubscape and Interchange design styles and that Option I should apply to the Business Park and the Prospect Gateway styles regarding the Architectural standards and guidelines. The DRAFT which is under review includes all of the Planning and Zoning Board's amendments. Staff recommends approval." 363 January 19, 1993 Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 7, 1993, on First Reading. City Manager Burkett informed Council that this item was on its 1991-1993 Work Plan. He stated this project develops plans and standards that will present the image of a well planned community. Janet Meisel, Project Planner, reviewed the Program and updated Council on the changes that were made since the June 9th worksession. She stated that City staff, property owners, four City Boards, and interested citizens have all contributed to the planning effort of this Program. She stated that on December 17, 1992, the Planning and Zoning Board recommended approval and adoption of the Prospect Road Streetscape Program. She explained that if the Program was adopted it would be used as an implementation tool through the Land Development Guidance System and with limited application in the River Corridor Zone. Councilmember Azari asked for clarification of the Planning and Zoning Board's recommendation. Meisel replied the Program went before the Board in November and was tabled at that time due to various questions and concerns. She stated the City staff reviewed and addressed the questions and concerns of the Board. She pointed out that one main concern was the Architectural Standards and Guidelines, which were ultimately approved. She explained there were three options presented to the Board and it chose Option 1 for the Business Park Style and for the Prospect Gateway Style. She stated that Option 3 was chosen for the Natural Shrubscape and the Interchange Style. Councilmember Edwards asked why the Prospect Program's additional standards and guidelines were not implemented in the Harmony Corridor Plan. Meisel stated additional standards and guidelines should be applied to the Prospect Corridor because the Poudre River is involved. She stated it was very important to try and preserve the Poudre River area through view, corridor and height restrictions. Councilmember Horak asked if the crushed gravel or stone mixed with soil proposed for the trail would be durable and accessible for people with disabilities. Meisel stated that material has been used extensively in several areas. She stated the trail is designed to be used by horses and mountain bikes. She stated the sidewalk is fully accessible all year long and will be maintained as such. Councilmember Horak asked if the trail concept was taken to the Commission on Disability for its recommendation. Meisel stated the concept was not reviewed by the Commission; however, it will be presented to them for any recommendations they might have. 364 January 19, 1993 Councilmember Kneeland asked about the difference between a guideline and a standard. Meisel replied that a standard with a plus is mandatory, which would take a variance request to be waived. She stated a guideline is a recommendation but would not be a mandatory requirement. Councilmember Edwards asked why the Program needs to increase the standards and guidelines in the Business Park Style. He stated the area already appears to be developing in a high quality manner. Meisel stated the possibility of developers not complying with the standards and guidelines is an issue. She stated the developers may choose any style as long as they provide buffering. Councilmember Horak stated he was concerned with the Program meeting the ADA requirements. He asked for more information on why crushed stone is the best option to be used versus the other surfaces used throughout the City. Councilmember Edwards stated he would not support the Program because it is too restrictive and sets high standards and guidelines for each of the corridors into the community that do not seem appropriate. He believed there should be a wide range of land uses throughout the community. ' Councilmember Azari stated the staff has done a good job in putting the Program together. She stated the Commission on Disability should review the trail and apply its recommendations to the Program. She believed the Program was an effort on behalf of the City to preserve the open space around the Poudre River. Councilmember Kneeland stated the overall standard that was set by the Harmony Corridor for uniqueness and individuality into the City is commendable. She stated the Prospect Road Streetscape Program should be valued as keeping the community distinct and unique. Mayor Kirkpatrick believed the economic impact of the design standards and guidelines have been addressed both in the present and in the future investments. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: Councilmember Edwards. THE MOTION CARRIED. January 19, 1993 Resolution 93-13 Approving an Intergovernmental Agreement Between the Poudre School District R-1 Pertaining to the Planning and Construction of School Facilities, Adooted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement (IGA) with Poudre R-1 that addresses the following issues: School Planning, Neighborhood Parks, Annexation, Redevelopment and Reuse of School Sites, School District Site Infrastructure, Street and Sidewalk Improvements, Utility and Development Costs and Future School Site Financing. BACKGROUND In October of 1990 the City Council and the Poudre R-I School Board passed a joint resolution concerning issues related to the planning, financing and construction of new schools within the Fort Collins Urban Growth Area. The resolution directed a liaison committee of City and School District staff, City Councilmembers and School Board members to prepare an Intergovernmental Agreement ' concerning the above planning and development related issues. The Intergovernmental Agreement is now complete and a joint Work Session between City Council and the School Board was held on Monday January 11, 1993. The result of this Work Session was the decision to have each entity formally consider and adopt by resolution, the proposed Intergovernmental Agreement (Exhibit "A")." Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt Resolution 93-13. City Manager Burkett stated the key element to the Intergovernmental Agreement is the intent to increase the collaborative efforts between the School District and the City to the joint benefit of the taxpayers. He stated the Agreement provides for joint planning and the coordination of master plans for schools, parks, streets and infrastructure. Daryl Knoblock, Vice President of the Board of Education, stated the Intergovernmental Agreement is supported by the Board of Education and by the School District staff. 366 January 19, 1993 David Hendrix, Superintendent of Schools, stated the desire to pull these two important community agencies together in harmony and cooperation is great and well appreciated. He stated the Intergovernmental Agreement reflects on how hard staff is working in cooperation with each other. He stated that the Liaison Committee has done an extremely good job and will benefit the community as a whole. Barbara Allison, 1212 Lynnwood Drive, stated she was pleased to see the School District cooperating with the City and the community. Councilmember Azari stated that a lot of progress has been made between the District and the City. She stated she is looking forward to the opportunities that the Agreement would present to the City and believed the Intergovernmental Agreement will benefit the taxpayers of the community. Councilmember Edwards acknowledged the leadership and cooperation between City Manager Burkett and Superintendent Hendrix on putting together the Intergovernmental Agreement. Councilmember Horak felt the major change was at the policy board level and not at the senior staff level. He stated he would like to see an Agreement that not only takes the new schools into consideration, but an Agreement that deals with existing schools and infrastructure. ' Councilmember Azari stated that the Agreement is not only looking at the new side of town but is taking into consideration the older side of town. She stated the two entities want to work on maximizing the utilization of all the educational infrastructure and the recreational infrastructure for the whole community. She stated the Agreement provides a grounding opportunity to expand the cooperation between the District and the City. Mayor Kirkpatrick stated she hoped the Agreement was a model for intergovernmental cooperation among local governments within Fort Collins. She stated she would like to see this type of agreement between CSU and the City. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. 367 January 19, 1993 Ordinance No. 116, 1992 Authorizing the Sale of Certain Real Property or Portner Road to Poudre R-1 School District for the Amount of $110,268, Adopted as Amended. The following is staff's memorandum on this item. "FINANCIAL IMPACT The sale of the property will result in revenue for General Fund of $69,602 and the Light & Power Fund of $40,666. EXECUTIVE SUMMARY The Poudre R-1 School District will purchase the 6 acre site on Portner Road to build a bus facility to store and maintain 30-33 buses. This site was selected adjacent to the Transfort building to allow the District to utilize the existing fueling and bus wash facilities. This site is no longer needed by Light & Power or other City departments. The District projects by relocating these buses to this new site it will save about $86,000 per year in its budget, eliminate 135,000 bus miles per year, and reduce annual fuel usage by 22,500 gallons. These savings will be used to reduce the impact of the recent passage of Amendment I and the failure of Amendment 6. The purchase price represents the appraised value of the property as determined by an MAI appraiser hired by the City plus an additional amount for the impacts to Portner Road. BACKGROUND The District and the City have been discussing for the past few years different ways in which to cooperate to take advantage of each other's bus service. Until November.1991, staff did not feel it was going to be possible because the Federal Transit Administration was against mixing school buses with transit buses. There was a change in philosophy, and FTA relaxed its policy. Upon receiving this news, both agencies began to work to locate the new school bus maintenance annex adjacent to the Transfort facility on Portner Road. This move was perceived as a natural because it met many objectives set by each agency: joint cooperation between two public agencies; significant savings to the taxpayers; more efficient use of Transfort's fueling/bus washing facilities; locating the District's bus annex in the southern part of the district; and city land was available which was master planned for this maintenance purpose. The original goal was to sell the land to the District in May 1992, with construction beginning immediately and with a scheduled occupancy of December 1992. The District agreed to follow the City's development process, and began this process in February 1992. In April 1992, the School Board approved purchasing the 1,and from the City. Em January 19, 1993 1 About this same time the Federal Transit Administration slowed the process somewhat by stating the City could permit the District to use Transfort's bus fueling/washing facilities, but only if the City repaid the FTA for a portion of the original capital costs of constructing the bus fueling/washing facilities. This question of how much must be repaid to the FTA is not settled yet; however, the FTA has reduced its original demands significantly. Poudre R-1 School District has agreed to reimburse the City for the amount the City has to pay the FTA. In May 1992 the District and City staff members met with the neighborhood to discuss the plans for the school bus maintenance building and found the neighbors were completely unfamiliar with the Southside Service Center Master Plan. This caused major changes in the project schedule, and the project team began a nine month process to work with the neighbors to mitigate the impacts on the neighborhood. Issues of building design, landscaping, air pollution, noise pollution, impacts on wildlife and wetlands, and new master planning were discussed and many changes were made. The neighbors are still opposed to the project and want the school bus facility located elsewhere. Staff recommends. selling the land to the School District for the purpose of building a bus maintenance facility adjacent to Transfort because this area was planned for this type of use; the District has met City requirements in developing this facility; the District has used "Best Management Practices" in ' mitigating the impacts on the environment and the neighborhood; the District is paying appraised value for the property; and the projected cooperation between the two public agencies will provide greater savings to the taxpayers. In addition, the District has agreed to cooperate with the City concerning any infrastructure improvements that may be needed if the use of the property were to change and has further agreed to submit any such change in use to the City for review and comment. Upon approval of this sale, the District plans to begin construction in March 1993, and occupy the facility by September of 1993." City Manager Burkett presented background information on this item and staff has been working to address various questions and concerns of Council and the neighborhood regarding the proposal. Tom Frazier, General Services Director, stated that if the proposal was approved it would continue the cooperative agreement between the City and the District in sharing the bus wash and fueling facilities at Transfort. He introduced the various people who would participate in the presentation. He stated the Federal Transit Administration holds the position that the City will have to repay part of the capital and it has approved the use of Poudre R-1 on the site. KZ*61 1 January 19, 1993 Ted Shepard, Senior City Planner, presented a description of the history and background of the project. He described the sequence of events which took place in the planning process for the Southside Service Center. He stated the Planning Department used the PUD model to review this project. He explained that in reviewing this project the Land Use Policies Plan was used as an overall guide and the overall criteria of the Land Development Guidance System was used to review the specific things related to the site. He stated there was some miscommunication provided by the Planning Department to some prospective lot purchasers in Brittany Knolls. He stated there was no intent to withhold information from the homebuyers and added that steps have been taken to correct the problem. Tom Shoemaker, Director of Natural Resources, stated that staff has concluded that the proposed facility will benefit air quality throughout the City. He stated this facility is projected to reduce the amount of miles traveled by the school buses. He stated the project would impact about 6 acres of land that are included in the City's natural areas inventory. He stated the Division of Wildlife concluded that the 6 acre site is insignificant as a single site for prairie dogs or birds of prey. He stated the Division of Wildlife recommended that the City focus attention on trying to acquire large uninterrupted sites that could be designated for the management of birds of prey. He stated the Natural Resources Advisory Board, the Transportation Department, and the Planning ' Department are all working in cooperation to map out the proposed land use areas as they currently stand and then to explore a number of options that would work in conjunction with the development of the bus barn facility. Ron Spies, Director of Transportation for PR-1, stated the purpose of the proposed project is to provide efficient transportation services to the rapidly growing southern area of Fort Collins. He stated the location of the new facility will eliminate about 135,000 excess miles from the school bus routes per year, which would save the taxpayers dollars on fuel and maintenance. He believed the joint City/School District aspect of the project amplifies the benefits of joint use of the facilities. He anticipated the number of bus routes would remain around 65; therefore, a total of 30 buses will be needed on the south end of Fort Collins. He stated the District is looking at purchasing new buses, as well as converting old buses to compressed natural gas fuel which would decrease the impact on air quality. Merle Hayworth, Robb, Brenner and Brelig Architects, stated the facility and the site had specific architectural changes made to accommodate the neighborhood and the Planning Department. He stated the landscaping and berming features were increased .to create a more efficient buffer zone. He stated the bus circulation will run counter- clockwise in order to reduce the impact on the adjacent neighborhood. He stated the Natural Resources Department helped in dealing with the transition between a developed site and the potential natural habitat. He stated the building itself is less than 5,000 square feet and is architecturally compatible with the Transfort building. Off, January 19, 1993 Councilmember Winokur asked how this project was reviewed in regard to the 1982 Master Plan on the effects to the wildlife in the area. Shoemaker responded that staff was reviewing the possibility of maintaining a large contiguous block of habitat in that southeast area. He stated it is a very complicated area due to the mix of land ownership and the mix of current and purposed development patterns. He stated the staff has been discussing the potential for considering the remaining portion of the site as future open space, as well as adjacent private lands that may be considered for acquisition. He stated the Planning and Zoning Board has recommended the development of an overall habitat complex in that area. Councilmember Winokur asked about the timetable on developing criteria for the LDGS on air quality. Shoemaker stated that Council would be reviewing a draft of the Air Quality Strategic Plan at the next worksession. Councilmember Winokur asked if this property or any of the area is in any Special Improvement Districts. City Manager Burkett stated that some of the property is in Special Improvement Districts. He stated those areas are being reviewed in the overall plan. Councilmember Winokur asked what the proceeds from the sale would be used for. ' He asked if there were any SID costs that need to be covered by the sale. City Manager Burkett stated a certain portion of the proceeds goes towards the Light and Power Fund and the remainder goes to the General Fund. He stated that there are no SID assessments on this property. Councilmember Horak asked if the wildlife portion of the site had been independent from the property, what would the City have required the developer do to mitigate the damage to the wildlife. Shoemaker stated that specific action would need to be taken to enhance habitat where it would be possible on the site. He stated staff recommended that the District enhance the habitat quality on the undeveloped portions of the site. Councilmember Horak asked if the normal Conceptual Review process was followed. Shepard stated that the process was followed as if it were a PUD. Councilmember Horak asked about the miscommunication between the City and the residents of the area. 371 January 19, 1993 1 Shepard responded that there was a semantical problem between some citizens and the Planning Department in terms of what constitutes development activity. He stated staff should have better communicated to the residents any long term plans for the area. Councilmember Horak asked if the sale agreement would require the District to do anything proposed by the Planning and Zoning Board and the City Council. City Attorney Roy responded the agreement would obligate the District to submit any future use for review and comment, but would not obligate them to follow recommendations. Councilmember Kneeland asked where the heavy equipment storage would be. Shepard pointed out on the map that the area for that storage is in Parcel 2B. He stated that Parcel 2B is City owned property. Councilmember Kneeland asked if the Natural Areas Plan and the Light and Power Plan would be the only possibilities of altering the Master Plan. Shepard stated the Natural Areas Plan and the expansion of Transfort onto Parcel 1B would be the only possibilities of altering the Master Plan. He stated that any altering of the Master Plan would need to go before the Planning and Zoning Board for review. Councilmember Kneeland asked what type of measures would be used to monitor the air quality so it would not fall below the EPA Guidelines. Shoemaker stated there has not been a quantative analysis and there is no capability at this time to do such an analysis. He stated the City's air quality monitor is located at College Avenue and Laurel Street and it monitors around 40,000 cars per day. He stated staff believed that 30 buses warming up for a short period of time does not compare to the traffic volume at that intersection; therefore, it would be safe to assume those buses would not have a great impact on the air quality of that area. Councilmember Azari asked if the 1982 Master Plan for that area would be updated. Shepard stated there is a comfort level between the City departments that it is unlikely that the site will develop as it was anticipated in 1982. City Manager Burkett stated the Plan would be reviewed and changed to reflect current reality. He stated at the time the Plan was changed it would be brought before the Planning and Zoning Board for its recommendations and approval. Councilmember Winokur asked if the area in the Master Plan is totally owned by the City. 372 January 19, 1993 Shepard replied the entire 55 acres is currently under City ownership. Councilmember Winokur asked how eminent is development in the area. Shepard replied the only eminent project on the 55 acres is Transfort's expansion onto Parcel 1B. Councilmember Edwards asked if the District looked at other locations for the buses. Spies stated there are financial benefits to the School District if the bus mileage.is reduced. He stated the 'other location reviewed was the land owned immediately to the north of Foothills Gateway. He stated the constraining factor on this project is the amount of money available. Mayor Kirkpatrick asked if there was adequate money in the PR-1 budget to provide the level of landscaping needed to screen the neighborhood. Spies replied a detailed budget has been prepared based on the amount of landscaping needed to screen the neighborhood. He stated recycled asphalt would be used where the buses park, the in -floor hoist for maintenance was eliminated, and the covering over the buses has been eliminated in order to place the money in landscape buffering. ' Mayor Kirkpatrick asked what kind of covering would be used. Spies stated it would be a roof with open sides to shield the buses from the weather. Councilmember Horak asked if the covering is part of the plan that the Planning and Zoning Board approved. Spies stated the covering has not been apart of the plan through the process. Councilmember Horak asked how any future plans could be incorporated into the current plan so there is no unexpected change in the plans in the future. Shepard replied that the Planning and Zoning Board provides advisement to the District. He stated one of the advisements was that the future bus enclosure is to match the Transfort facility. Councilmember Horak asked how the agreement on the sale of the land relates to any advisement from the Planning and Zoning Board. City Attorney Roy stated that there is no assurance from a legal standpoint that the advisement would be carried out. 373 January 19, 1993 Robert Patterson, President of the Brittany Knolls Homeowner's Association, stated the residents of the area are opposed to the sale of the property. He stated the residential traffic, 30 school buses, and the Transfort fleet will have an increase in pollution and noise to the area. Earl Ruppel, Brittany Knolls resident, stated that he asked the Planning Department about the long and short term plans for the area. He stated there was no miscommunication of the question asked, but that the Planning Department side- stepped the question. He stated that he would not have bought his lot in Brittany Knolls had he been told about the future plans for that area. John Graham, Brittany Knolls resident, stated that the facility should be considered as a very large gas station. He believed there would be soil and groundwater contamination from the leakage of gas etc. into the ground. He asked what type of monitoring system is going to be proposed to monitor the travel of groundwater contamination, soil contamination, and air quality control. He asked who would accept the responsibility for the potential clean-up. Ann McSay, 6422 Kyle Avenue, presented a petition in favor of the project. She stated the residents on the west side of the neighborhood feel the project is a better use for that parcel. Allen Anderson, 6357 Compton Road, stated he was concerned about the increase in traffic to the area. He stated a noise study was not done at the site and believed the uphill grade for the buses does would have some noise impact on the neighborhood. He believed the air pollution study that was done was informal. He stated the Master Plan should be updated prior to the sale of the property. He stated the project is not neighborhood or environmentally compatible for the area. Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 116, 1992 on First Reading. Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to amend Ordinance No. 116, 1992, Section 3 (b) to read as follows: the conveyance of the property shall be subject to a future interest which would entitle the City to regain title to the property in the event that the District failed to obtain City approval of any development of the property pursuant to the provisions of the Land Development Guidance System or such other land use regulations of the City as may be applicable not withstanding any statutory or constitutional provisions which might otherwise exempt the District such review processes. Councilmember Edwards asked what the legal differences were between the deed restriction versus other options. 374 January 19, 1993 City Attorney Roy stated there is an opportunity for the City to ask the District to agree to more restrictive conditions and an extensive review by the City as a condition of the sale of the property. He stated in order to accomplish that, a provision would need to be placed in the purchase and sale agreement. He stated if the District were to fail to submit any changes to the property for review, comment and approval, the City could go to court and ask for a specific performance of that agreement. He stated another option would be to place a provision in the deed that any use of the property should be submitted through the normal land use review procedures of the City for review, comment and approval. He recommended placing the provision in the agreement and have the District agree to a deed restriction. Councilmember Azari believed the District is truly interested in working with the City and believed the provision would provide some assurance to the area that the District is a good neighbor. Councilmember Winokur believed Council has the responsibility for looking out for the community's interests. He believed the District has good intentions and that the project was not going to create a problem. He stated the taxpayers would realize a savings of $182,000 a year and 135,000 less miles traveled. Councilmember Azari stated that the District plans to use some of the City's facilities. She believed the City should have the ability to make sure the District's use of the property is working for the benefit of the neighbors and I in accordance to the City's rule and regulations. Councilmember Edwards stated the City would lose control over the uses to the property if this Ordinance was not approved with the amendment. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Azari stated she supported the City building collaboration with the District. She stated that the project should not be held up while the Master Plan for that area is being updated. She believed that there is an obligation to the neighbors to work on a plan that best suits everyone's needs. Mayor Kirkpatrick asked if there was information available on the storm drainage and the soil/water contamination to the area. 375 January 19, 1993 Kevin McBride, Stormwater Utility Department, stated it is not generally required to monitor groundwater at a facility such as this. He stated the monitoring of groundwater is handled by State regulations, but since there are no additional storage facilities being built it was not an area of concern. He stated the City asked the District to go above the criteria and exercise any additional best management practices on the site to mitigate any potential spill of material that might occur. Frazier stated that there are monitoring test wells located at Transfort that are for the waste oil tank and for the fueling tanks. Councilmember Winokur asked for a written memo, before second reading, that outlines the issues in terms of what the City has done to prevent spills from occurring. Councilmember Horak stated there should be some requirement for the City that provides a set of Master Plans to future homebuyers. He stated that the City is giving up a lot to the District, but questioned the value the City receives from the sale of the property. He stated that the City deals with the District representatives, but not the policy makers. He believed policy makers for the District need to be more involved on these issues. Mayor Kirkpatrick stated she appreciated the level of detail that staff presented ' this item. She believed the amendment to the Ordinance provides the City a continued demonstration of interest in the property. Councilmember Edwards believed this project is a less intensive and less obtrusive land use to the neighborhood than what might otherwise be there. He stated the cost savings and air quality improvements that would result from this facility are important for the community as a whole. Councilmember Winokur believed this project provides an ongoing process for the interested parties to continue to be involved and have specific concerns dealt with. Councilmember Kneeland believed the project was in balance. She stated that a contiguous parcel should be for the wildlife in the area. She agreed that a Master Plan and a map of the City should be given to future homebuyers. The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. 1 376 January 19, 1993 Items Related to the Timberline Annexation and Zoning. Postponed Indefinitely. The following is staff's memorandum on this item. °EXECUTIVE SUMMARY Option A A. Second Reading of Ordinance No. 122, 1992, Annexing Approximately 435.0 Acres, Known as the Timberline Annexation. B. Hearing and First Reading of Ordinance No. 123, 1992, Zoning Areas within the Timberline Annexation Into Approximately 24.0 Acres of the I-P, Industrial Park, District and 411.0 Acres of the T-Transition, District. Option B A. Hearing and First Reading of Ordinance No. 8, 1993, Annexing Approximately 87.6 Acres, Known as the Timberline Annexation. B. Hearing and First Reading of Ordinance No. 9, 1993, Zoning Areas within the Timberline Annexation Into Approximately 24.0 Acres of the I-P, Industrial Park, District and 63.6 Acres of the T-Transition, District. ' Consideration of this item was tabled by the City Council on December 15, 1992. At that time, the Council directed staff to develop two options, one option for the annexation of the entire enclave area, and the other option for the annexation of just the area located west of Timberline Road. The annexation and zoning of the entire enclave area (Option A) consists of approximately 435.0 acres located generally east of the Union Pacific Railroad tracks, north of East Drake Road, and south and west of the Burlington Northern Railroad tracks. The annexation and zoning of the portion of the enclave area (Option B) consists of approximately 87.6 acres and includes only the area east of the Union Pacific Railroad Tracks, north of East Drake Road, and west of Timberline Road. The suggested zonings for Option A include 24.0 acres of the I-P, Industrial Park, District, and 411.0 acres of the T-Transition, District. The suggested zonings for Option B include 24.0 acres of the I-P, Industrial Park, District, and 63.6 acres of the T-Transition, District. The entire enclave is mostly undeveloped, although located along the west side of Timberline Road are the (vacant) Fort Collins Pipe Co. and ENCOAT (Energy Coatings Co.) which would be annexed under both options. Existing commercial signs located on these properties will have to conform to the City's Sign Code at the conclusion of a five year amortization period. 377 71 January 19, 1993 OWNERS: Spring Creek Farms, Inc. c/o Glen Johnson 3432 Carlton Ave. Ft. Collins, CO 80525 Cargill, Inc. P.O. Box 9300 Dept. 5 Minneapolis, MN 55440 General Steel Industries, Inc. c/o Randall, Rudolph & Assoc., Inc. P.O. Box 610016 Dallas, TX 75261 Energy Coatings Co., Inc. c/o Randall, Rudolph & Assoc., Inc. P.O. Box 610026 Dallas, TX 75261 Fort Collins Pipe Co. P.O. Box 300 Lone Star, TX 75668 BACKGROUND The property is located within the Fort Collins Urban Growth Area. According to the 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 and pursue the annexation property in the UGA when the property is eligible for annexation according to State law. The specific wording from the UGA Agreement is as follows: Policy 1.6 That the policy of the City is to consider the annexation of all properties within the unincorporated area of the Urban Growth Area as soon as said property becomes eligible for annexation. Agreement 2.10 C The City agrees to pursue involuntary annexation of any undeveloped parcel or parcels, or any undeveloped, partially developed, or developed subdivision, planned unit development, special review case, or any other development approved by the Larimer County Board of Commissioners prior to January 1980, when State statutory requirements for involuntary annexations have been met. 378 January 19, 1993 ' At the November 17, 1992, Council meeting, the Council requested additional background information on the UGA Agreement. The goals of the UGA include: to define areas where urban densities and uses are appropriate; to achieve the orderly development of land within such areas; to achieve common urban design standards; to encourage the annexation of land; and to minimize the provision of urban services by Larimer County. The City and County have agreed ... . to establish an urban growth area surrounding the City of Fort Collins and that the UGA is appropriate for the location and development of urban land uses and urban residential densities. ... to establish a Fort Collins UGA Review Board to act as the single recommending body to the Larimer County Board of Commissioners concerning development applications within the unincorporated portion of the UGA. ... that all County Regulations and procedures apply to. development proposals within the UGA. that the City is not obligated to annex developments approved by the County after January 1988 which do not conform to UGA urban development standards. ' The County agrees ... ... to limit urban development outside the UGA to areas designated as Municipal Expansion Areas, Employment Center Reserves, and Urban Development Areas on the Larimer County Land Use Plan. not to accept any development application for a property which is eligible for voluntary annexation to the City. . the City Council reserves the right to review and comment on development proposals which propose waiver requests to the UGA Phasing Criteria. s.. to establish a Park Fee within the UGA equivalent to the Park Fee collected by the City. to establish a Drainage Basin Fee within the UGA consistent with Drainage Basin Fee collected within the drainage basin in the City. ... that the City may annex outside the UGA. to require a binding Annexation Agreement as a condition of approval of any development proposal within the UGA not eligible for voluntary annexation into the City. ' 379 January 19, 1993 The City agrees ... the Board of Commissioners may waive UGA Phasing Criteria for "in - fill" development proposals. ... to consider the annexation of any parcel in the UGA when the parcel qualifies according to State law for voluntary annexation. .. to pursue involuntary annexation of areas when State law qualifications have been met. . to apply its Off -Site Street Improvement Policy to developments within the city which have an impact on County roads outside the city. The above agreements represent a series of "trade-offs" between the City Council and County Commissioners related to growth management and the provision of public services within the UGA. It is difficult for staff to gauge 'the relative importance of specific items in relationship to other items for each elected body. Staff does believe, however, that the City's willingness to annex property within the UGA is a key consideration to the County's continued participation in the UGA Agreement. The area to be annexed is a county enclave. Colorado annexation laws allow a ' municipality to annex an enclave surrounded by properties annexed area, an area which has been completely into the municipality. An area must be surrounded for a period of not less than 3 years to become eligible for annexation as an enclave. While State law allows a municipality to annex an enclave, State law does not require a municipality to annex an enclave. Also, a municipality may annex a portion of an enclave although the portion to be annexed itself is not completely surrounded by property annexed into the municipality, so long as the annexed portion has some contiguity to existing City boundaries. The following annexations to the City of Fort Collins created the enclave: N: East Prospect Road First Annexation, September 6, 1973. E: Rigdon Farm Annexation, August 16, 1988. East Prospect Road First Annexation, September 6, 1973. S: Blue Spruce Farm Annexation, October 6, 1987. Greenwalt Tenth Annexation, June 21, 1977. Rigdon Farm Annexation, August 16, 1988. W: Union Pacific South Second Annexation, May 17, 1988. 1 380 January 19, 1993 This area has thus been eligible for involuntary annexation into the City since August 16, 1991. On September 19, 1991, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. Staff received several questions from Spring Creek Farms, Inc., the largest single property -owner (352 acres) within the annexation. No subsequent contact was made from other the property owners. All property owners were renotified, on September 2, 1992, of the new October 19, 1992, Planning and Zoning hearing date. Annexation represents the most effective way for the City to guide its own future. Annexation allows the City to increase its land area to accommodate new growth and development and to expand its tax base. Following annexation, the City can manage growth through the application of its land use regulations, including zoning, PUD, sign code, etc., to new development proposals. The City, thus, through annexation acquires the final decision making authority regarding new development proposals. The annexation of property can be a source of additional revenue to the City through the collection of additional property tax, sales and use taxes, licenses, and development fees. The City also provides services to newly annexed areas including, but not limited I to, water and sewer utilities, storm drainage management, police protection, street maintenance, mass transit, and parks and recreational programs. Undeveloped property usually does not require a great expansion of City services. Also, tax revenues generated by vacant property are relatively minimal. Staff believes that enclave areas, those areas completely surrounded by properties annexed into the city limits, do have an impact on the provision of City services. Generally, a "hole" in the City's service area creates inefficiencies in City services. Among the most major concerns with enclave areas are questions related to.police jurisdiction and road maintenance. When parts of a street or road are inside and outside the city limits, the City and County generally enter into a "maintenance agreement" indicating which entity will maintain the street (fix pot holes, plow snow, etc.). Obviously, when an area is annexed, the City absorbs the maintenance responsibility for any roads included within the annexation (with the exception of streets within subdivisions which are maintained by a homeowners' association prior to annexation). Similarly, when parts of a street or road are inside and outside the city limits, or an area includes properties both inside and outside the city limits, law enforcement jurisdictional problems may arise. The most serious jurisdictional problem relates to responses to emergency situations. The communications center must relate to a map in order to dispatch a response from the correct agency, either the City's Police Department or the County Sheriff's Office. , 381 January 19, 1993 Mr. Glen Johnson of Spring Creek Farms, Inc., a major farming operation, met with staff and requested information related to pesticide application, stormwater management, ditch maintenance, and the paying of "urban" improvements. Spring Creek Farms, Inc., also owned property which was included in the Harmony No. 4 Annexation (1977). At that time, an agreement was reached between Spring Creek Farms Inc., and the City of Fort Collins dealing with farming activities and the payment of "urban" improvements related to the Harmony No. 4 Annexation. Mr. Johnson has requested that a similar agreement be developed related to the Timberline Annexation. Planning staff prepared an agreement for use in conjunction with this annexation (draft copy attached). The City Attorney's office has indicated that because this is an involuntary enclave annexation which the City can accomplish without the consent of the property owner, any agreement to exempt the subject property from future assessments should be supported by some other, independent consideration besides the annexation of property. In order to provide such consideration, Spring Creek Farms, Inc., might dedicate arterial streets rights -of -way along either or both Drake and Timberline Roads. Staff and Spring Creek Farms have resolved several other issues related to the annexation, including the impacts of farming operations, pesticide application, and storm drainage fees. Agreement has not been reached with regard to the issues of exemption from the payment of assessments for street improvements; the ability to lease lands for hunting; and exemption from City Sales Tax for farming ' operations. Mr.'Johnson spoke in opposition to the annexation at the November 17, 1992 Council meeting. With regard to the hunting issue, staff contacted the cities of Loveland, Greeley, Longmont, Thornton, Northglenn, Aurora, and Colorado Springs to determine if these cities allowed hunting within their city limits. Of the cities contacted, only Greeley does not have an outright prohibition against hunting within its city.• If Council should decide to allow hunting within the city limits, staff suggests that ordinance changes be made to be applied on a city-wide basis rather than on a case -by -case basis within individual annexations. The issue of irrigation ditches is usually not addressed during the processing of an annexation. Ditches become an item of concern during the review of specific development plans for a property. For the most part, ditches are typically incorporated into open space areas within a development. Sometimes a minor relocation of the ditch is necessary in order to conform to the overall development plan for the property. Some developments cover ditches along their entire route through a developing property. 382 January 19, 1993 Ditch companies are notified of all development proposals affecting their property. Ditch companies review the development plans and are required to sign - off on utility plans related to the development of a specific property. Essentially, nothing can happen to a ditch without the ditch company's approval. The City, at the time of development, requires dedication of street rights -of -way consistent with the functional classification of streets on the City's Master Street Plan. An arterial street, for example, requires the dedication of 100 feet of right-of-way, 50 feet from center -line to be dedicated by property adjoining each side of the street. In cases where, due to existing development or other unique circumstances to an area, more right-of-way is required from one side of ,the street than the other, the City pays for the additional right-of-way with monies from the Street Oversizing Fund. In cases when an irrigation ditch runs parallel to a road, or in close proximity to a road, which needs to be widened, the ditch typically is relocated as part of the road widening project. Zoning The suggested zonings for this annexation under Option A include 24.0 acres of the I-P, Industrial Park, District, and 411.0 acres of the T-Transition, District. The suggested zonings for Option B include 24.0 acres of the I-P, ' Industrial Park, District, and 63.6 acres of the T-Transition, District. The I-P District designation is for light industrial park areas containing controlled industrial uses located in proximity to areas zoned for residential use and/or along arterial streets. The sites of Fort Collins Pipe and Energy Coating companies are suggested for the I-P zone. The areas to the west of these companies are zoned R-L-P, Low density Planned Residential, and R-P, Planned Residential, and are developed as the Parkwood East Subdivision and the Parkwood East Apartments. Timberline Road is planned to be a major (6-lane) arterial street. Also, located to the west is EPIC and Spring Creek Park. The existing uses would become legal non -conforming uses under the I-P Zone. The existing uses may continue under the I-P Zone and even expand through the "expansion to a non -conforming use process" which requires a hearing by the Planning and Zoning Board. New uses will have to conform to the requirements of the I-P Zone or be processed as a Planned Unit Development (PUD) and be reviewed according to the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM (LD65 J. These properties will probably eventually redevelop with industrial uses which could require greater public scrutiny than the former uses received. 383 January 19, 1993 The T-Transition, District designation is for properties which are in a transitional stage with regard to ultimate development. The only uses allowed within the T Zone are the uses which existed at the time the T Zone was placed on the properties. The agricultural areas within the annexation, including the properties owned by Spring Creek Farms, Inc., are suggested to be placed into the T Zone. When urban development is proposed on these properties they would have to be rezoned to a zone which allows development. Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for annexa- tion by the City of Fort Collins. 3. On October 6, 1992, the City Council passed a resolution setting forth the intent to annex this property and scheduling a public hearing for the consideration of the annexation and zoning ordinances related to the annexation. ' 4. The requested I-P, Industrial Park, and T, Transition, Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of Option A, the annexation and zoning of the entire enclave area of 435.0 acres. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on October 19, 1992, voted 5-0 to recommend approval of the entire enclave annexation and suggested zonings. A copy of the Board's minutes is attached. LARIMER COUNTY RECOMMENDATION Larimer County encourages the City to annex the entire enclave area. (See attached December 14, 1992, letter from Mr. John Barnett, Larimer County Planning Director.)" Tom Peterson, Planning Director, explained the process for annexing enclaves that are brought before the City Council. He presented three options to City Council for its review and approval. Councilmember Edwards asked if there were other instances which involved such a ' large undeveloped tract of land. 384 January 19, 1993 Peterson stated that this is the largest enclave annexation that has come before the City. Mayor Kirkpatrick asked if the owners of the property would continue farming operations if the property was not annexed. Peterson replied that the owner of the majority of property intends to keep farming the property even if annexed into the City. Councilmember Edwards asked if the annexation of this property was voluntary on the property owner's part. Peterson replied that it is an involuntary annexation. Mayor Kirkpatrick asked about the current pedestrian/bikepath access to CSU's Environmental Learning Center. Peterson stated Drake Road is the main access to the Environmental Learning Center. He stated the Center has access to the bikepath on the north and access from County Road 9. Councilmember Winokur asked what the plans were for the realignment of Drake Road as it crosses Timberline. ' Peterson stated he was not aware of any City plans to realign Drake Road. He stated the traffic impact would be reviewed for that area as development occurs. Mayor Kirkpatrick asked about the noise factor in the area. Peterson stated that if the property were in the City it would fall under the performance standards of the City's noise ordinance and be required to meet all the standards. He stated if the property stays in the County then the City noise ordinance would not be in effect. Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt Ordinance No. 8, 1993 (Option B) on First Reading. Glenn Johnson, Spring Creek Farms, expressed opposition to the annexation of the property and believed that the family business could not afford to be brought into the City. Bill Witlow, ENCOAT, presented some background information on the Company and what it manufactures. He stated that since the City has a noise ordinance the company could be fined and/or shut down if the neighbors believed the Company's operations were too loud. He stated there would be an 81 percent increase in the Company's present utility rate which would affect it's finances. He asked Council to delay any action on this property until March 2nd or to relax the zoning or allow the Company to continue the utilities with Public Service. , 385 January 19, 1993 ' Rheba Massey, 1400 Freedom Lane, expressed concern with the land use patterns of the area. She urged Council to table the annexation of this property until there is a clear policy as to what will happen to the agricultural lands within the Urban Growth Area. Bruce Lockhart, 2500 East Harmony Road, stated he agreed with Ms. Massey's comments and believed very strongly the land use patterns for the area need to be reviewed. He stated that it would be unfair to force the Johnson property into the City and basically run the farm out of business. Councilmember Horak asked what discussions have taken place between the City and ENCOAT. Peterson replied that several discussions have taken place in regards to ENCOAT'S needs for electrical power. City Manager Burkett stated it may be beneficial to continue reviewing the issues with ENCOAT. He believed there was no rush to annex the property although one day this particular property would be in the City and served by all City utilities. Councilmember Horak asked if there was a way to structure an agreement with the owners and/or the County to amend the UGA on the farmland issue. ' Peterson responded the City has been exploring amendment of the UGA Agreement with the County. Mayor Kirkpatrick asked about potential groundwater contamination and about the particular environmental costs to the community. Peterson stated he did not have the information to answer those questions. Mayor Kirkpatrick stated it was her expectation, if this item were tabled, to obtain that type of information on this project. Councilmember Maxey asked if any development proposal would trigger an annexation of the existing 12 acre parcel. Peterson replied that any type of development proposal would trigger additional discussion on annexation. Councilmember Winokur asked for a clarification on the Planning and Zoning Board's comments regarding a Special Improvement District. 386 January 19, 1993 Peterson stated the Cityhas in the past imposed SID's on property owners for ' P P road or sewer improvements. He stated the Johnson's are asking for exemption from the payment of assessments for street improvements while the property remains in an agricultural state. Councilmember Horak made a motion, seconded by Councilmember Edwards, to postpone Items Related to the Timberline Annexation indefinitely in order to gather additional information. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-12 In Support of Community Efforts Addressing Violence. Adopted as Amended. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The rise of violence throughout the nation and recent significant violent ' incidents in the City have been noted by the City Council. In response, City Council has directed staff to prepare this Resolution which specifies the Council's response to this community issue. This statement, which includes individual Councilmember input, is intended to be one step towards maintaining a healthy and safe environment for all citizens of our community." Councilmember Azari made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-12. City Manager Burkett provided some background information on violence throughout the City of Fort Collins. Councilmember Horak made a motion, seconded by Councilmember Azari, to amend Resolution 93-12 to strike Section 3. Councilmember Horak stated that Section 3 states that "Council will monitor proposed State and Federal legislation pertaining to firearms and will offer local support to bills and other strategies aimed at the reduction of violence." He believed that Section 3 does not provide direction to whomever is the enforcer of that statement. 387 January 19, 1993 Councilmember Maxey offered an amendment to the fourth WHEREAS paragraph to delete "many of which involve the use of firearms" and to eliminate the seventh WHEREAS paragraph. Councilmember Horak accepted the amendment as a friendly amendment to the amended motion. Mayor Kirkpatrick asked about the difference between the proposed amendment and the current pending State and Federal legislation pertaining to the use of firearms. Joe Stern, 1221 LaPorte Avenue, stated that on Thursday, January 28, 1993, the League of Women Voters is sponsoring a forum on gun control legislation. He believed it was incumbent upon the City and its legislative staff to monitor this kind of legislation. John Kefalas, 604 Sycamore, believed the reference to firearms should remain in the Resolution. Bruce Lockhart, 2500 East Harmony Road, urged Council to adopt the amendment to the Resolution. He believed that gun control bills affect individuals and not the City as a corporate body. Pat Garrett, President of the Northern Colorado Rod and Gun Club and a representative of the NRA's Crime Strike Program, stated he supports the amendment to the Resolution. Dean Dahl expressed support for the amendment. Mayor Kirkpatrick stated she would not support the amendment. She believed that firearms are a very critical piece of the community's future acceptance of violence within the City limits. Councilmember Horak believed the Resolution did not address the City's role in dealing with violence, firearms, and gun control. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kneeland, Maxey, and Winokur. Nays: Councilmember Kirkpatrick. THE MOTION CARRIED. Bill Miller, 322 Scott Avenue/NRAB Member, stated that 20 years ago it was acceptable to be a member of a sportsman's club that sanctioned hunting and target shooting. He stated that today it is okay for him to be an environmentalist politically, but finds it is completely unacceptable to own a firearm or to participate in such sporting activities. He stated it was not the firearms that present the problem, but that it was complex societal changes. r January 19, 1993 John Kefalas, 604 Sycamore, believed that firearms are part of the issue of violence. He stated the word "firearm" is very powerful and seems to have an effect on people who believe that people should be able to own guns. John Biscenio, 137 North Bryan, believed gun control laws control law abiding citizens but do not control criminals. Paul Gresky, 2351 Ridgecrest Road, stated he works with the National Safety Council and believed the statistical data provided to the various councils and citizens on safety issues are inaccurate. Ron Miller, 4312 New Bedford Drive, stated he supports and applauds sincere efforts in reducing violent crime. He believed the people who are out to harm others are not affected by the rules and regulations set up to guide society. Laura Arbury, 1612 West Mountain, asked Council to consider a woman's right to protect herself, her family and her property. She believed that laws which limit access to firearms discriminate against women. Joe Stern, 1221 LaPorte Avenue, stated it was illegal for children under the age of 18 to carry firearms. He stated Poudre R-1 School District banned any firearms on school grounds. He asked Council to obtain more information on the statistics about firearms and reconsider the elimination of the amendment to the Resolution. ' Tom Wertz, 2937 Dean Drive, believed automobiles should also be reviewed as an object used to commit a crime. Steve Ziegenhagen, 609 West Street, suggested Council read "Crime Control through the Private Use of Armed Force" written by Gary Cleck. Lottie Murphy stated that guns in the school system are nothing new and weapons of all sorts have been around for years. David Post disagreed with any type of legislation that suggests that firearms create violence. He stated violent people create the problems in society. Rolan Brownlee, 421 Galaxy Way, believed violence is an act between people and not against material objects. He believed working with people's anger and trying to control that emotion would lessen the violence in the country. Bill Miller, 4312 New Bedford Drive, stated the difficulty in today's society is a tremendous amount of frustration. He believed the country is over populated and that is part of the violence problem. 91:11 January 19, 1993 EXECUTIVE SUMMARY At its meeting on January 5, 1993, the City Council requested that an agenda item be prepared for its next meeting to address allegations that certain officials or employees of the City had acted improperly during the selection process for the new golf professional at the SouthRidge Greens Golf Course. By the adoption of the proposed resolution, Council would authorize an investigation of those allegations. Recently, City staff completed the selection process for procuring the services of a new golf professional for SouthRidge Greens Golf Course. During the course of the selection process, a protest and appeal were filed, and a hearing was held before Alan Krcmarik, the City's Financial Officer, as provided by Section 8-206 of the City Code. At the Council. meeting on January 5, 1993, certain citizens made allegations that members of City staff engaged in various kinds of misconduct during the selection process. Article II, Section 5, of the City Charter includes among the enumerated powers of the City Council the power to: (e) Inquire into and investigate any office, department, or agency of the city and the official acts of any officer or employee thereof, and to compel by subpoena attendance and testimony of witnesses and production of books and documents;. . . . Additionally, Article III, Section 2, of the City Charter provides that the City Manager is responsible for the proper administration of all affairs of the City, which includes the supervision of all City employees. The City Council has requested that an agenda item be presented which would enable it to investigate the allegations which have been made. The proposed resolution would authorize the City Manager to appoint independent legal counsel to interview the complainants, investigate the alleged improprieties and submit a report to the Council and the City Manager. Because the administrative process for selection of the golf professional for SouthRidge has been completed, the Resolution stipulates that the outcome of the investigation would not, in itself, offset the award of the contract. The City Attorney has recommended that if such an investigation is, in fact, undertaken, special legal counsel should be appointed to conduct the investigation. The City Charter authorizes the appointment of special legal counsel by the City Council upon request of the City Attorney. Council recently adopted Resolution 92-190, which establishes the process for such appointments. Because of the potential complexity of this matter and the length of time which 391 January 19, 1993 may be involved in the investigation, the City Attorney does not believe that the matter can appropriately be handled by another municipal attorney. Therefore, according to the provisions of Resolution 92-190, the City Attorney has submitted a list of three names to the City Council for its consideration in selecting special legal counsel. If the Council determines that further City review and investigation of this matter is not warranted, the other alternatives which may be available include: (a) an internal administrative investigation at the direction of the City Manager, (b) judicial review of the Financial Officer's decision regarding the protest and appeal which have been filed in this matter at the request of the appellant, or (c) possible review of any allegations of criminal misconduct by an appropriate law enforcement agency at the request of an aggrieved citizen complainant." City Manager Burkett stated the purpose of the proposal is to investigate allegations regarding employee misconduct. He believed the allegations do not warrant a special investigation; however, that is for Council to decide. City Attorney Roy described the structure of the investigation involving the Council and the City Manager. He stated he provided Council with the names of three attorneys for the selection of special legal counsel. Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt ' Resolution 93-14 with the insertion of the name of Susan Griffiths in Section 1. Councilmember Kneeland asked if the City has completed all processes to investigate the allegations. City Attorney Roy stated all of its procedures for appealing the decision on the golf pro selection have been exhausted. He stated the City has not.pursued any investigation of the allegations of employee misconduct. City Manager Burkett stated most of allegations were disagreements with the decision that was reached and different opinions about the relative qualifications of the applicants. Councilmember Kneeland asked if staff did not investigate these allegations internally would Council still have the opportunity to appoint an external investigator. City Manager Burkett stated that Council could still appoint an external investigator. Councilmember Edwards asked why Susan Griffiths was chosen as the special legal counsel. 392 1 January 19, 1993 ' Councilmember Horak responded that one of the reasons was cost and believed she .would do a good job. Councilmember Edwards asked about is the timeframe and the cost for the investigation. City Attorney Roy stated that days rather than hours would be dealt with by outside counsel and there will be numerous interviews. He anticipated several thousand dollars for the time and work put forth by the special legal counsel. He suggested that Council negotiate with the special legal counsel for a cap on investigation costs. Council member. Edwards asked if this investigation could be a two-step process. City Attorney Roy stated that a two-step process could be completed. He stated the first step would be to review the allegations and determine whether or not there is enough evidence to continue. He stated the second step would be to continue with the investigation once the allegations have been confirmed. He believed Council and the City Manager have a lot of latitude in the structuring of the investigation. He stated Council and the City Manager should also look ahead and determine what alternative avenues may be open to the Council in terms of follow-up action based upon the report. ' Councilmember Maxey asked if it was more than one individual being investigated. City Manager Burkett stated that the allegations are against more than one employee. Dr. Ira McIntosh, 1732 South Taft Hill Road, stated he was appalled that it could possibly take up to $10,000 to resolve. He asked how the allegation of -the promising of the job to Mr. Cordova could be dismissed when the job requires a submittal of contract on a competitive bid basis. He pointed out that Mr. Powers based part of his decision on Mr. Cordova's residency in Fort Collins. He believed that should have nothing to do with the submission of a competitive bid contract. He stated he did not understand how the Golf Board could rank the candidates so differently from Mr. Powers. Steve Sharpe, golf pro applicant, believed an outside investigation was appropriate. He alleged fellow employees were protecting each other. David Maestas, representative of Mr. Cordova, believed that all administrative processes have been followed for the contract. He stated that what is proposed tonight deals with any alleged wrong doing by City employees. He believed the outcome should not have any effect on Mr. Cordova's contract. Brian Werner believed there is a strong need for an outside investigation. He stated that the dollar sign on the investigation should not be the deciding ' factor. 393 January 19, 1993 Councilmember Edwards made a motion, seconded by Councilmember Maxey, to amend Resolution 93-14 to include a two-step process. The first step having the investigator determine if there is justification and/or probable cause to continue with a full investigation. The second step would be continuing with a full investigation if so determined by the investigator. Councilmember Azari questioned whether a preliminary investigation would provide further information to Council and would extend the main investigation. City Manager Burkett believed that a preliminary investigation would minimize costs and help decide whether to go onto the next step. City Attorney Roy believed a two-step process made sense and stated he would provide wording in the Resolution to allow flexibility in deciding if there is enough factual data to support a full investigation. Mayor Kirkpatrick asked if any of the discussion at this meeting would be incorporated into an internal investigation. City Manager Burkett stated any discussion that takes place in regard to this item would be incorporated in the internal investigation. Mayor Kirkpatrick asked if a two-step process has ever been done. ' City Manager Burkett stated that it is not unusual for people to make allegations. He stated proceeding with a two-step process helps eliminate the lengthy process by determining whether there is enough factual data to support a full investigation. The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers Edwards, Kneeland, and Maxey. Nays: Councilmembers Azari, Horak, and Kirkpatrick. THE MOTION FAILED. Councilmember Horak made a motion, seconded by Councilmember Maxey to amend the Resolution to change the April 19 date to February 16 in Section 2 and to add the language that the City Manager is authorized to negotiate an agreement with any of the three candidates for the special legal counsel based on the availability to serve and the total cost of the procedure. Mayor Kirkpatrick asked if April 19 was an arbitrary date selected. City Attorney Roy responded the date was selected because 90 days seems to be enough time to evaluate the allegations. Councilmember Edwards asked if it was a normal procedure to pursue a cap on fees. 394 January 19, 1993 City Attorney Roy stated he would try to pursue it, but believed the Resolution did not have to specifically provide that information. He stated the City Manager would be involved in negotiating the cap on the fees. The vote on Councilmember Horak's motion as amended was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None. THE MOTION CARRIED. Councilmember Horak believed this issue should not be taken lightly and should be reviewed by outside counsel. He believed that the City Manager should not conduct the investigation due to a conflict of interest. He stated this issue deals with employee, administrative, and ethical misconduct. Councilmember Kneeland stated she was unsure that all steps have been taken in the process. She believed the issue should not be taken lightly. Councilmember Edwards stated he supported the appointment of a special legal counsel to investigate the allegations. He believed placing a cap on the cost of,the special legal counsel is best for the community. ' Mayor Kirkpatrick stated that placing a cap on the cost and a definite timeframe for the report would help Council approach this issue as a team. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None. THE MOTION CARRIED. Deed of Easement from Poudre Valley Hospital Districtlrfor;a sidewalk over portions of Tract B,• Lemay Subdivision, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY During the summer of 1992, the Poudre Valley Hospital was given City approval to construct an additional parking lot on the west side of Lemay Avenue opposite the •existing hospital site. As part of the approval, the hospital was required by City standards to construct a detached sidewalk along Lemay Avenue adjacent to the parking lot. In order to provide a landscape strip between the sidewalk and the curb as required by City standards, the sidewalk was constructed outside the dedicated public right-of-way and therefore the sidewalk must be in an easement for public access. ' 395 January 19, 1993 Councilmember Edwards withdrew from discussion and vote on this item because of a potential conflict of interest. Councilmember Azari made a motion, seconded by Councilmember Horak, to accept the Deed of Easement. The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, Kneeland, and Maxey. Nays: None. THE MOTION CARRIED. Other Business Councilmember Azari asked the City Attorney to provide Council with three different options, 'by February 2, for Code changes on the complaint process. Mayor Kirkpatrick asked for a two page memo to discuss some options on whether or not to evaluate the Green River Ordinance. Councilmember Horak asked for a two page memo relating to notification to prospective buyers about Master Plans already in place. The meeting adjourned at 1:40 a.m. ' ayor ProTem ATTEST: City Clerk 396 '