HomeMy WebLinkAboutMINUTES-07/20/1993-RegularJuly 20, 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
July 20, 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: Apt, Azari,
Horak, Janett, Kneeland, McCloskey, and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Mayor Azari presented plaques to Pat Long and Denny LaRue in appreciation for
their eight years of service on Boards and Commissions.
Bob Alberts, 121 3rd Street, requested Council address issues regarding pest
removal and expressed concerns regarding the poor performance of the Humane
Society. He thanked Councilmember Janett and Commander Reed for their assistance
in helping with his predicament.
Roy Vratil, 1401 Shamrock, requested a response to issues he had raised at a
' previous meeting.
Barbara Allison, 1212 Lynnwood Drive, spoke of her past difficulties in dealing
with the Humane Society.
Evelyn Clark, a Fort Collins resident, expressed concerns regarding off-street
parking at the Library. She opposed using money from the General Fund to
maintain the trail system and suggested funds received from the lottery be used
for trail maintenance purposes.
Betty Maloney, Community Education and Advocacy Committee, reported the Community
Education and Advocacy Committee voted unanimously to recommend to Council that
the City explore the option of using a sliding scale for City building fees. She
spoke of the impact building fees had on constructing affordable housing units.
David Lipp, 626 Remington, stated more action needs to be taken on the police
complaint process and questioned why the names of the people who serve on the
committee were not available to the public. He questioned what has been done
with the Diversity Task Force.
Ward Luthi, spoke of his concerns regarding the CSU "Bull Farm" project. He
expressed frustration noting it appeared that CSU did not have to consult the
City on any part of the process and stated the project would have a significant
economic impact on the surrounding neighborhood.
July 20, 1993
Citizen Participation Follow-up
Councilmember Janett stated she would like to discuss Mr. Alberts' concerns
regarding his pest problem during the Other Business portion of the meeting.
Mayor Azari stated a there was a recent press release naming the citizens who
were chosen to serve on the Police Complaint Committee.
Councilmember Horak responded to Mr. Alberts' concerns, stating a change to the
ordinance may be warranted. He commented that the "Bull Farm" issue would be
discussed under the Other Business portion of the meeting.
Councilmember Janett stated Council would be receiving information on the
Cultural Diversity Task Force at an August worksession.
Mayor Azari reported the Vice -President for Administrative Affairs at CSU, stated
he would welcome the opportunity for further public input on the "Bull Farm"
project.
Agenda Review
City Manager Steve Burkett stated that Item #29, Amending the Financial and
Management Policies Relating to the 1994 Annual Budget by the Addition of the '
Human Resource Management and Productivity Policy, contained two options. He
stated there was an additional option inserted in the packet for Item #34,
Resolution 93-113 Recommending that Larimer County Develop More Restrictive Land
Use and/or Zoning Regulations for Foothills and Ridgeline Development.
City Manager Burkett stated there would be a new resolution under the Other
Business portion of the meeting, Item #35, Resolution 93-114 Amending Resolution
93-106 Approving Certain Documents Relating to the Opera House Project.
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 #26, Pulled
Consent Items.
Consider aonroval of the minutes of the regular meetings of June 15, 1993,
Second Reading of Items Relating to Utility Enterprise Ordinances.
A. Second Reading of Ordinance No. 60, 1993, Establishing the City's
Electric Utility as an Enterprise of the City and Amending Chapter
26,of the Code. '
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July 20, 1993
B. Second Reading of Ordinance No. 61, 1993, Establishing the City's
Water Utility as an Enterprise of the City and Amending Chapter 26
of the Code.
Second Reading of Ordinance No. 62, 1993, Establishing the City's
Wastewater Utility as an Enterprise of the City and Amending Chapter
26 of the Code.
D. Second Reading of Ordinance No. 63, 1993, Establishing the City's
Stormwater Utility as an Enterprise of the City and Amending Chapter
26 of the Code.
The City Charter was .recently amended to enable the Council by ordinance
to establish each of the City's existing utilities as enterprises within
the meaning of Amendment 1. These ordinances which were unanimously
adopted on First Reading on July 6, 1993, implement the authority granted
by the voters.
9. Second Readinq of Items Relatinq to the Ethics Review Board.
A. Second Reading of Ordinance No. 64, 1993, Amending Section 2-569 of
the Code Pertaining to Opinions of the Ethics Review Board.
' B. Second Reading of Ordinance No. 65, 1993, Amending Section 2-570 of
the City Code Pertaining to Council Appointments to Private
Agencies.
Ordinance No. 64, 1993, which was unanimously adopted on First Reading on
July 6, 1993, amends Section 2-569 of the Code, dealing with conflicts of
interest, in two respects. First, language has been added to provide that
advisory opinions and recommendations of the Ethics Review Board would be
subject to review by the City Council. Secondly, opinions adopted by the
City Council would serve as an affirmative defense to any civil or
criminal action or any other sanction against a Councilmember or board or
commission acting in reliance on the opinion.
Ordinance No. 65, 1993, which was unanimously adopted on First Reading on
July 6, 1993, amends Section 2-570 of the City Code so as to clarify that
the City Council may appoint any number of its members to serve in any
capacity with either governmental or private agencies. Such service would
be considered service in an official capacity of the City Councilmember
and would generally not be considered as creating a conflict of interest
for Councilmembers in participating in any decision related to such
agencies.
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July 20, 1993 '
10.
Ordinance No. 66, 1993, which was unanimously adopted on First Reading on
June 15, 1993, appropriates $30,000 of unanticipated revenue in the
General Fund for the Clean Air Colorado program.
11.
Ordinance No. 67, 1993, which was unanimously adopted on First Reading on
July 6, 1993, makes certain changes to the appeals provisions of the City
Code. First, it would exclude from the definition of an appealable "final
decision" those decisions of boards and commissions which consist solely
of a recommendation of the City Council. Secondly, it would require that
all notices of appeal be signed by the appellants. Finally, it would
permit the introduction of new evidence on appeal when the evidence is
offered in support of or in opposition to an allegation that a board or
commission based its decision on false or misleading evidence.
12.
RBSeryeS In Lrle IA ILUrd1 Jery mes gnu r4ciliLie5 rung. '
Ordinance No. 68, 1993, which was unanimously adopted on First Reading on
July 6, 1993, appropriates $29,406 from Cultural Services & Facilities
Fund, Lincoln Center Unreserved Fund Balance.
13. Second Reading of Ordinance No. 69, 1993. Appropriating Prior Year Savings
Realized from Increased Productivity and Operating Efficiencies.
In 1992, City Council adopted the Service Productivity Incentive Policy,
effective for 1992 and years thereafter. The goal of the policy is to
provide a framework within which a manager can develop a long-range
strategic plan for service delivery rather than rely on a short-term,
line -item cost approach.
An operating manager that has unspent and uncommitted appropriations as a
result of increased productivity and operational efficiency can carry-over
those dollars in their own reserve savings account. Managers may request
the use of the savings through the City Manager and City Council must
approve the request by an appropriation ordinance. Use of productivity
savings will be presented to Council twice a year for appropriation in the
current year. Ordinance No. 69, 1993, was unanimously adopted First
Reading on July 6, 1993.
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July 20, 1993
The City Charter authorizes the Council, by ordinance or resolution, to
enter into intergovernmental agreements and cooperative or joint
activities with other governmental bodies. Ordinance No. 70, 1993, which
was unanimously adopted on First Reading on July 6, 1993 delegates to the
City Manager or his designee the authority to execute certain kinds of
routine intergovernmental agreements.
Pursuant to Council direction on first reading, a new section has been
added to the ordinance which would provide for notice to be given to the
Council by the City Manager whenever a contract involving an expenditure
by the City of more than $25,000 was administratively approved.
Ordinance No. 71, 1993, which was unanimously adopted on First Reading on
July 6, 1993, approves the request for Local Landmark Designation for 107
N. College Avenue, known as the F.W. Woolworth Building/Welch Block, and
was initiated by Tom Schmittling, owner/operator of Pour La France
Restaurant, one of the tenants. Mr. Schmittling intends to use the State
Tax Credit for Historic Preservation and the building must be historically
designated for him to do so. The owner and also a tenant of the building,
Jacques Rieux, has consented to the local designation. A public hearing
was held by the Commission on June 23, 1993, at which time the Commission
voted to recommend designation of this property.
Second Reading of
1993 City Council
the Planning and
Apartments P.U.D.,
this Ordinance
Agenda due to an
Zoning board's
Final.
is being delayed until the August 17,
appeal that has been filed related to
June 28th approval of the Preserve
The property owners adjacent to Snowberry Street are requesting the right-
of-way vacation. However, the owners do not want to proceed with vacating
the right-of-way until a final decision has been made on the replat, nor
do they want to proceed with the vacation.should the replat be denied
final approval.
The appeal is scheduled on the August 3, 1993 City Council Agenda.
Adoption of the Consent Calendar will postpone consideration of the Second
Reading of this Ordinance until August 17.
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July 20, 1993 '
Ordinance No. 73, 1993, which was unanimously adopted on First.Reading on
July 6, 1993, authorizes a long-term lease of property to the Virga
Corporation. The Virga Corporation will construct a 20 unit T-Hangar on
the property. These units will be rented (or sold subject to the
underlying lease), by the Virga Corp., to aircraft owners/operators. The
airport will receive one percent of the rents. At the end of the Virga
Corporation lease, the T-Hangars will revert to the ownership of the
Cities. The term of the lease is 25 years with three, five-year extension
options.
The Airport Manager has negotiated a lease of property to Keith Griffith
for the construction and sublease of aircraft hangars. The lease includes
Lot 3 and the West 34.29 feet of Lot 2 of the Barnstorm Second Addition to
the City of Loveland. Keith Griffith will build one hangar on each of the
12 lots. Each hangar will provide at least 1,764 square feet of aircraft '
storage space and will generate a maximum of $4,700 in land rents annually
upon complete build-out/sub-lease to aircraft owners/operators. The
hangars will be sublet (or sold subject to the underlying lease) to
aircraft owner/operators by Keith Griffith, with the Airport receiving one
percent of the rents. This is a twenty-five year lease, with three five-
year extension options, bringing the total length of the lease to forty
years. At the expiration of the lease, the improvements revert to the
ownership of the Cities. Ordinance No. 74, 1993 was unanimously adopted
on First Reading on July 6, 1993.
Under Chapter 22 of the Code, the City is authorized to sell property at
the annual tax sale conducted by the Larimer County Treasurer if special
assessments levied against the property have not been paid. The property
was sold at the 1989 tax sale and a tax certificate of purchase was issued
to the City as there were no interested private investors. The owner of
the property conveyed title to the City through a deed in lieu of
foreclosure. Last May, the City Council adopted Resolution 92-91
establishing policies for the sale of such property.
Tom Sibbald of Shields Street Corporation submitted two of the prior bids '
and is interested in purchasing the property for the construction of 120
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July 20, 1993
units for affordable housing. Ordinance No. 79, 1993 was unanimously
adopted on First Reading on July 6, 1993, and authorizes the sale of real
property described as a tract of land in the Cunningham Corner PUD to the
Shields Street Corporation.
20. Items Pertaining to the Frame Annexation and Zoning.
A. Resolution 93-100 Setting Forth Findings of Fact and Determinations
Regarding the Frame Annexation.
B. Hearing and First Reading of Ordinance No. 75, 1993, Annexing
Property Known as the Frame Annexation to the City of Fort Collins,
Colorado.
Hearing and First Reading of Ordinance No. 76, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Frame Annexation to the City of Fort Collins,
Colorado, with two conditions attached:
1) All development requests be processed as a Planned Unit
Development (P.U.D.). The P.U.D. zoning condition requires
' that all development proposals be reviewed against the goals
and objectives of the City's Comprehensive Plan and the
criteria of the Land Development Guidance System.
2) The property known as the Frame Annexation be placed in the
Residential Neighborhood Sign District and be subject to all
limitations and requirements of the district as defined in
Sections 29-593 and 29-593.1 of the City Code.
The property being considered for annexation has, for a period of not less
than three (3) years, been completely surrounded by property contained
within the boundaries of the City of Fort Collins. The property being
considered for annexation is approximately 1.7424 acres in size and is
located at the southwest corner of South Taft Hill Road and West Drake
Road. The property is currently in residential use. There are several
structures on the property. The surrounding properties are zoned RP, RL,
and BP. Staff is recommending that this property be placed in RP, Planned
Residential Zoning District with a planned unit development condition
attached. Staff is also recommending a condition that the property be
placed in the Residential Neighborhood Sign District that was approved by
City Council and put into effect on January 15, 1993.
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July 20, 1993 '
APPLICANT: City of Fort Collins
OWNERS: Melody E. and Floyd F. Frame, Jr.
2109 West Drake Road
Fort Collins, CO 80526
Floyd F. and Gloria M. Frame
2607 South Taft Hill Road.
Fort Collins, CO 80526
21. Items Pertaining to the Karl Peterson Annexation and Zoning.
A. Resolution 93-101 Setting Forth Findings of Fact and Determinations
Regarding the Karl Peterson Annexation and Zoning.
Hearing and First Reading of Ordinance No. 77, 1993, Annexing
Property Known as the Karl Peterson Annexation to the City of Fort
Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 78, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Karl Peterson Annexation to the City of Fort '
Collins, Colorado, with two conditions attached:
1) All development requests be processed as a Planned Unit
Development (P.U.D.). The P.U.D. zoning condition requires
that all development proposals be reviewed against the goals
and objectives of the City's Comprehensive Plan and the
criteria of the Land Development Guidance System.
2) The property known as the Karl Peterson Annexation be placed
in the Residential Neighborhood Sign District and be subject
to all limitations and requirements of the district as defined
in Sections 29-593 and 29-593.1 of the City Code.
This is a request to annex and zone 3.0259 acres located south of
West Drake Road approximately 1/2 mile west of South Taft Hill Road.
The requested zoning is the RLP, Low Density Planned Residential
District (with a P.U.D. condition) and staff is recommending that
this property be placed in the Residential Neighborhood Sign
District. The property is in residential use. The property is
currently zoned FA-1, Farming in the County. This is a voluntary
annexation.
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22.
July 20, 1993
APPLICANTS: Karl R. and Ruth S. Peterson
73 Park Drive
Gunnison, CO 81230
OWNERS: Same as Applicants
Under Chapter 22 of the Code, the City is authorized to sell property at
the annual tax sale conducted by the Larimer County Treasurer if special
assessments levied against the property have not been paid. The property
was sold at the 1989 tax sale and a tax certificate of purchase was issued
to the City as there were no interested private investors. The owner of
the property conveyed title to the City through a deed in lieu of
foreclosure. Last May, the City Council adopted Resolution 92-91
establishing policies for the sale of such property.
The City was contacted by Poudre School District R-1 (the "District") in
December of 1992 about its interest in expanding the Bauder School
playground. Negotiations proceeded in conjunction with a purchase of
District property by the City.
' 23. First Reading of Ordinance No. 81, 1993, of the Council of the City of
Fort Collins Authorizing the Sale of Certain Real Property,
The Water Utility Department owns a site on Ridgelawn Drive adjacent to
Dean Acres Subdivision which was used for a water transmission line and
standpipe. The water line was abandoned in 1990 and the standpipe several
years before that.
Since the site is no longer required by the Water Utility Department, it
was offered to all other City departments. No other department had a need
for the property. The parcel is a non -buildable site as it is encumbered
with existing underground utilities and a Public Service overhead
powerline. Therefore, the site was divided and each parcel was offered to
the adjacent property owners - Diana Short/Alexander McEwan and David Kent
- for $2,000 each ($4,000 total). The Agreement of Sale and Purchase is
contingent on City Council approval.
This Ordinance would authorize the Mayor to execute a Deed of Conveyance
for the sale of the easterly parcel to Ms. Short and Mr. Alexander and for
the sale of the westerly parcel to Mr. Kent.
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July 20, 1993
Resolution 93-108 Making Appointments to the Electric Board and Personnel
Board.
This Resolution, which contains the names of those individuals recommended
for appointment by each Council interview team, makes appointments to the
Electric Board and the Personnel Board.
Routine Deeds and Easements.
a. Powerline Easement from Victor and Doris Specht, 325 W. Mulberry,
needed to install a new streetlight. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Second Reading of Items Relating to Utility Enterprise Ordinances,
A. Second Reading of Ordinance No. 60, 1993, Establishing the City's
Electric Utility as an Enterprise of the City and Amending Chapter
26 of the Code.
B. Second Reading of Ordinance No. 61, 1993, Establishing the City's
Water Utility as an Enterprise of the City and Amending Chapter 26
of the Code.
C. Second Reading of Ordinance No. 62, 1993, Establishing the City's
Wastewater Utility as an Enterprise of the City and Amending Chapter
26 of the Code.
D. Second Reading of Ordinance No. 63, 1993, Establishing the City's
Stormwater Utility as an Enterprise of the City and Amending Chapter
26 of the Code. .
9. Second Reading of Items Relating to the Ethics Review Board.
10.
A. Second Reading of Ordinance No. 64, 1993, Amending Section 2-569 of
the Code Pertaining to Opinions of the Ethics Review Board.
B. Second Reading of Ordinance No. 65, 1993, Amending Section 2-570 of
the City Code Pertaining to Council Appointments to Private
Agencies.
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12.
13.
14.
15.
16.
17.
18.
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19.
July 20, 1993
Items on First Reading were read by title by City Clerk Wanda Krajicek.
20. Items Pertaining to the Frame Annexation and Zoning
A. Hearing and First Reading of Ordinance No. 75, 1993, Annexing
Property Known as the Frame Annexation to the City of Fort Collins,
Colorado.
B. Hearing and First Reading of Ordinance No. 76, 1993, Amending the
Zoning District Map Contained in Chapter 29 of the Code of the City
of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Frame Annexation to the City of Fort Collins,
Colorado.
21. Items Pertaining to the Karl Peterson Annexation and Zoning
A. Hearing and First Reading of Ordinance No. 77, 1993, Annexing
Property Known as the Karl Peterson Annexation to the City of Fort
' Collins, Colorado.
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July
20, 1993
1
B. Hearing
and First Reading of Ordinance No.
78, 1993, Amending the
Zoning District
Map Contained in Chapter 29
of the Code of
the City
of Fort
Collins and Classifying for Zoning
Purposes the
Property
Included
in the Karl Peterson Annexation
to the City
of Fort
Collins,
Colorado.
22.
23.
30.
31.
33.
34.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt and
approve all items not removed from the Consent Calendar.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Janett reported that it was "Bike to Work" Week and encouraged
everyone to participate.
Councilmember Apt spoke of the long range energy conservation plans being
explored by the Electric Board.
Mayor Azari stated she had visited with Mayors in neighboring areas to talk about
common issues.
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July 20, 1993
Resolution 93-109
Amending the Financial and Management
Policies Relating to the 1994 Annual
Budget by the Addition of the Human Resource
Management and Productivity Policy, Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At the July 6, 1993 meeting, Council adopted the Financial and Management
Policies relating to the 1994 Annual Budget. The Human Resource Management and
Productivity Policy (Policy 3.4) was excluded from the resolution in order for
Council to reconsider this item separately at its July 20 meeting.
Several questions were asked at the July 6 meeting, including a.request for
additional information about the details of how Total Compensation is surveyed
and measured, as well as the methodology for calculating the relevant position
in the labor market (70th percentile). This information is illustrated in
several attachments and has been reviewed with some Council members as requested.
Council previously discussed a number of objectives for the City's compensation
' policy, important ones included:
• Preserve the Total Compensation philosophy;
• Keep expenditures within the growth limits imposed by Amendment 1;
• Modify the policy methodology in way that the Community can support;
• Modify the policy methodology in a way that City employees can
support;
• Decide and define a policy which will have some stability and
continuity.
At the meeting, Council suggested some additional objectives to include:
• Simplify the policy language;
• Explain more clearly to the community how salaries are set and where
in they fall in the market;
• Be clear that compensation rates are related to the productivity of
the organization in comparison to other government agencies and
private employers.
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July 20, 1993 '
Given this direction from Council, staff has developed alternative policy
language for Council's consideration. The language for this policy is included
as Exhibit A to the resolution."
Director of Administrative Services Pete Dallow gave a brief description of this
item and reported on the previous discussions and actions taken. He spoke of how
the percentages equate to the percentile.
City Manager Steve Burkett responded to Council questions and clarified that none
of the options would reduce current pay.
Director of Employee Development Jaime Mares answered Council questions and
clarified the increase was 3.5% last year. He explained how benchmark positions
were defined.
City Manager Steve Burkett responded to Council questions and stated there were
enough funds available to continue the current policy. He stated he believed
there were an adequate number employees to perform the duties required but noted
he would be recommending additional positions be added in the budget.
Councilmember Winokur spoke of the changes made to the Police and Fire Fighters
pension programs. He stated staff would not have to estimate compensation
percentages each year using the Market Lag option. '
Councilmember Apt expressed concerns regarding the need to replace the retirement
plan.
Dennis Sumner, Retirement Committee Representative, outlined the current
retirement plan and benefits. He reported meetings have been held with employees
in order to solicit information. He spoke of the plans for implementing changes
and thanked Council for its support of the Retirement Committee.
Councilmember Horak made a motion, Councilmember Winokur seconded the motion as
a conditional second, to adopt Resolution 93-109 Option 1.
Councilmember Winokur directed the City Manager to identity, earmark, and set
aside any savings incurred from adoption of this resolution for Council to
allocate at a later time. He emphasized his intent is that the money be used for
human resource matters, i.e., additional staffing, costs for upgrading the
current retirement plan.
Councilmember Horak, as maker of the motion, accepted the conditions of
Councilmember Winokur's second to his motion.
Patti Schneeberger, City Clerk, opposed the suggestion from Council that they
were among the lowest paid City employees since theirs is a volunteer position
and not their sole source of income. She emphasized that she disliked revisiting '
the total compensation issue each year and justifying her worth and performance.
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John Moran, Poudre Fire Authority, gave a slide presentation and spoke of the
effects the different options would have on the Fire Department's compensation.
He stated employee involvement goes.far beyond regular duties and gave examples
of PFA employees' volunteer services.
Molly Davis, City Clerk, responded to a comment made at the July 6 meeting
stating she strongly disagreed with the statement "it is the good employees who
leave an organization and the ones who seek security and the status quo stay".
She spoke of the reasons she has remained with the City for over 19 years. She
stated that repeated attacks on the total compensation methodology undermine
mutual respect and trust between Council and employees. She urged Council to
retain the current Total Compensation policy.
Donna Visocky, Parks and Recreation, spoke of how Cultural, Library and
Recreational Services has grown over the years and how the service area has
responded to the growth with fewer employees.
Dennis Sumner, Light and Power, stated that reports in the local newspaper were
incorrect and indicated the local newspaper does not understand the total
compensation methodology. He clarified employees pay for their own medical
coverage contrary to what the general public may have been lead to believe.
' Suzanne Jarboe -Simpson, Employee Development, stated she is typically more
focused on the process rather than content. She spoke of the rules which are as
follows: 1) Don't speak more than 5 minutes, 2) Curb the repetitious comments,
3) Do not applaud or in anyway indicate approval for what has been said. She
stated by adopting those rules, Council has successfully manipulated a situation
to keep from obtaining an accurate picture of the thoughts and feelings of the
employees. She stated Council should allow employees an opportunity to express
their reactions to what is happening.
Mike Thornton, President of the Fraternal Order of Police, spoke of the outrage
felt by employees. He stated employees have operated under a compensation lag
for quite sometime as there have been times when the pay increases do not become
effective for at least 6 weeks after they are supposed to be implemented. He
questioned how the lag could present accurate figures when it is done a year
later. He was offended by the maker of the motion stating it was extortion on
the part of Council to announce if the motion passes than departments would be
allowed to hire additional staff and failure would mean possible cut backs.
Susanne Edminster, Finance, spoke of her frustration and confusion with the
issue. She questioned the need to reduce the compensation when the City is not
experiencing economic hardship. She commented that she would like to leave the
meeting feeling positive. She asked that Council reaffirm its confidence in the
employees, defeat the motion on the floor and maintain the current total
' compensation policy.
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July 20, 1993 '
Ray Martinez, Police, expressed his concerns regarding discussing the pay issue
every year. He stated employees feel like they are being held hostage. He
stated employees are not asking for more money they are asking that the current
total compensation policy remain in place.
Evelyn Clark, a Fort Collins resident, stated she did not feel City employees did
a better job than employees in the private sector. She stated City employees
should share with the private sector and the volunteers in the credit for the way
the City is run and its appearance. She supported the motion.
Rich Stencel, Transfort, stated employees are Council's greatest asset.
David Lipp, 626 Remington, responded to Ms. Clark's comments and stated just
because the pay scale in the private sector is abysmal is no reason for the City
to not pay well. He questioned why Council wanted to change the methodology when
employees were generally happy with it.
Barbara Allison, 1212 Lynnwood Drive, expressed concerns regarding City
management.
City Attorney Steve Roy requested clarification of the motion and asked if the
resulted savings were to be segregated to be expended for purposes approved by '
Council.
Councilmember Winokur stated his intent was to set the salary savings aside for
Council to decide how to appropriate at a future date, and noted his personal
desire was to set the funds aside for human resource issues.
Councilmember McCluskey thanked staff for providing further information. He
stated he did not support the motion but would support the option of setting the
compensation at 4.5% higher than the median. He spoke of the need for
consistency in setting the compensation and stated it was important in hiring and
maintaining quality employees.
Councilmember Winokur stated he respected the employees prerogative to disagree
with Council's views but stated his overall position was to serve the citizens
and his constituents. He questioned the lack of salary comparisons with other
governmental organizations and stated that he supported the lag approach since
it deals with accurate numbers.
Councilmember Kneeland spoke in opposition to the motion stated she supported
maintaining the current policy. She stated lowering the compensation percentile
would be an erosion of the quality of life in the City. She stated services and
quality of services are rising at a greater rate than the number of employees
hired and employees are doing a good job at keeping up.
Councilmember Horak clarified the purpose for enforcing the no applause rule was '
so that others who might want to speak in opposition would not feel intimidated.
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July 20, 1993
He spoke of his reasons for supporting the motion and noted adding extra
employees to departments costs money and lowering the percentile would generate
additional funds for that purpose. He objected to the comment that adopting the
motion would send a message that Council does not respect employees.
Councilmember Janett commented that it was a balancing act based on the public's
perception of the employees who are paid with tax dollars. She stated the bottom
line was to pay at a level that will maintain high quality employees and to
compete in the market place. She spoke of other areas which the budget could be
cut other than cutting the pay plan. She stated she did not agree with the lag
philosophy stating although it appeared to be a one time occurrence, it would be
an annual occurrence.
Mayor Azari emphasized that she did not like revisiting the total compensation
issue each year. She stated reducing the compensation to allow for additional
staffing was not a deliberate attempt to hurt employees and stated it is not
Council's intent to send a message to employees that they are not valued. She
stated if the motion is defeated and the current policy remains, it would be
likely that many service areas would not be able to acquire additional staffing.
She was insistent that employees and Council need to work together.
Councilmember Apt spoke of the need to improve the retirement plan and stated he
did not know where the money would come from to accomplish that. He stated
although he was not content with the options available, he supported the
amendment stating the funds set aside would be used for the human resources,
i.e., Retirement Plan and/or hiring additional staff.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Councilmembers Apt, Horak and Winokur. Nays: Councilmembers Azari, Janett,
Kneeland, McCluskey.
THE MOTION FAILED.
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Resolution 93-109 Option 2.
Troy Krenning, Police, thanked members of Council for their decision to support
the employees.
Evelyn Clark, expressed concerns that more taxpayers were not in attendance and
had not paid attention to this issue. She spoke of the number of people out of
work and the savings to the City if employee salaries were frozen for a year.
She stated the City could find good employees for less money.
Patti Schneeberger, City Clerk, responded to Evelyn Clark and stated she was a
taxpayer who did not make the "average" income figure that.was given by the
' Employee Development Department.
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July 20, 1993 '
Roy Vratil, 1401 Shamrock, questioned how the figures from participants in the
salary survey were received.
John Moran, Poudre Fire Authority, shared Mayor Azari's frustrations in
revisiting the issue each year and encouraged Council and staff to develop a
forum to receive information prior to the issue being decided.
Councilmember Winokur stated he would not support the motion, but would support
whatever decision was made.
Councilmember Janett commented that because the private sector paid low wages it
was not a reason for the City to do the same. She stated she has not received
any comments from citizens regarding the issue and spoke of the difficulty in
making a decision when the community does not seem concerned.
Councilmember Kneeland stated the issue was very complex and the dialogue
concerning the issue has raised Council awareness.
Councilmember Apt spoke in appreciation of the hard work City employees performed
and commented that he was impressed with quality of employees and the amount of
hours and extra effort exerted. He indicated that he supported an enhanced
retirement plan and would not be supporting the motion due to not being convinced
of the accuracy of the figures. '
Councilmember Horak opposed the motion, and spoke of the history behind choosing
the pay levels past and present.
Mayor Azari suggested finding a way to communicate with employees and expressed
her frustration with remarks regarding Councilmembers treatment of each other.
She remarked that by adopting the motion, options in other areas would be
reduced.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Azari, Janett, Kneeland, McCluskey. Nays: Councilmembers Apt,
Horak and Winokur.
THE MOTION CARRIED.
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July 20, 1993
Ordinance No. 82, 1993,
Amending Section 23-227 of the Code of the City
of Fort Collins Relating to Parkland Fees,
Increasing the Amount of Said Fee to $779 and
Providing for the Annual Adjustment of the Fee
According to the Denver -Boulder Consumer Price Index. Adopted as Amended.
The following is staff's memorandum on this item.
'FINANCIAL IMPACT
The current Parkland Fee of $625 is not adequate to keep up with the adopted
policies for neighborhood parks. To adjust for inflation and the administrative
and development fees that have been absorbed by the Parkland Fund the fee must
be increased to $926 per unit.
The Parkland Fund receives a fee from developers for each new dwelling unit
established within the Urban Growth Area. These fees are to be used primarily
for the acquisition and development of neighborhood parks in newly developing
residential areas of the city. Recent analysis has indicated a need for an
increase of the fee. Staff is proposing the fee be increased to $926.
' BACKGROM:
The City of Fort Collins Parkland Fund was created by ordinance in September
1968. The initial fee was set at $40 per new dwelling unit for the acquisition
of parkland. In September 1972, an ordinance was passed increasing the fee to
$195 and allowing the fund to be used for the development of parks as well. The
fee gradually increased over the years until the current fee of $625 went into
effect on January 1, 1985.
Recent analysis of the Parkland Fund has shown that the current fee is not
adequate to keep up with the adopted policies for neighborhood park acquisition
and development. Since 1985, acquisition and development costs have increased
and administrative costs that previously came from the General Fund are now
charged to parkland. These administrative costs are mainly for salaries and
support of 1.5 FTE's who work on land acquisition, planning, design, and
construction project management of neighborhood parks. In addition, development
fees charged by other City departments have been implemented or have increased
since 1985. These include street oversizing fees, water and sewer plant
investment fees, storm drainage fees, electrical development charges, and
building plan and permit fees.
Earlier this year the Planning Department provided estimated residential build -
out figures for selected sections of the city where future neighborhood parks are
planned. These figures show a change in the makeup of a typical section with a
. decrease in the number of units and density per square mile. In 1980, it was
estimated that a square mile section of the city would have an average of 2,200
IM
July 20, 1993 '
total dwelling units paying Parkland Fees to support the development of a
neighborhood park. Today the average is 1378 units per section for the eight
future neighborhood parks to be developed in the next ten to fifteen years. This
decrease in density combined with the increased costs of park acquisition and
development reinforces the need to increase the fee.
Utilizing a formula whereby the cost of park development is divided by the
projected number of units in a section, the following fee would result:
cost per acre for acquisition and development $80,283.25
average size of a neighborhood park x 13.37
average cost per neighborhood park 1,073,387.00
average number of units per section + 1,378
fee per unit f 779.00
Theoretically this fee would be adequate if the newly developing sections were
vacant and all new homes paid the same fee. However, an average of 30% of the
units in these sections are already built with 65% of the existing homes paying
a fee of $625 or less and the remainder paying no fee at all since they are in
county subdivisions approved prior to the Urban Growth Agreement for the
collection of fees. A fee of $779 would not generate adequate funding to provide
homeowners with a standard neighborhood park within a reasonable time frame. '
Prior to 1985, the Parkland Fee was adjusted regularly to account for increased
costs. The fee has remained constant since 1985 with no adjustments for
inflation or the administrative costs and development fees which have been
absorbed by the fund. If the annual inflation rates for the last eight years are
added to the fee along with the average cost of $100 for administration and $45
For development fees the following amount would result:
1985 Parkland Fee $ 625.00
Inflation increase for the past eight years +155,73
1993 fee with inflation only 781.00
Administration costs +100.00
Development fees + 45.00
Proposed fee per unit S 926.00
This formula points toward the need to plan for inflation. Staff's
recommendation is to increase the fee to $926 and to return to the Council each
year for an increase based upon the Denver -Boulder Consumer Price Index. This
fee provides an adequate revenue source to continue to implement our parkland
policies.
An increase to the fee was recently presented at a community outreach meeting
attended by developers, realtors, planners, and concerned citizens. While it was
generally agreed that a fee increase is most likely needed, most of those in '
attendance were concerned the increase is being considered without adequate
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July 20, 1993
review or discussion of the related policies. Some of the major policy concerns
are:
• Look at Parkland Fees in relation to other fees in the Cost of
Development Study
• Parkland Fees may more equitably be based on density
• Re-evaluate the definition of a neighborhood park in terms of size,
quantity and amenities
• Foster partnerships between public -private, City-Poudre RI, and
City -special interest user groups
• Evaluate administration charges and development fees related to the
Parkland Fund
Eight citizens attended this meeting and a full listing of their comments are
included in Attachment A.
At its regular meeting on June 23, the Parks and Recreation Board voted 7-0 to
recommend an increase of the Parkland Fee effective as soon as possible. The
' Board also realized a need to look at policies related to the fee, particularly
at a sliding scale for low-income housing and higher density. The Board
considered a fee of $956 based on staff's recommendation. The proposed fee has
since been revised to $926 based on the actual Denver -Boulder Consumer Price
Index since 1985. The relevant section of the minutes from the Parks and
Recreation Board is included in Attachment B."
Director of Cultural, Library and Recreational Services Mike Powers gave a brief
history of parkland fees and explained the reasons for raising them. He spoke
of the comparison between fees in Fort Collins compared to surrounding Cities.
Councilmember Kneeland questioned if fee increases were a result of the cost of
development study and asked what process the study was currently in.
Director of Community Planning and Environmental Services Greg Byrne clarified
adjustments to the parkland fees were a direct result of the Cost of Development
Study. He stated that the first phase of the study was almost complete and staff
is ready to begin phase two. He anticipated it would dominate the majority of
Community Planning and Environmental Services work plan over the next two years.
Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 82, 1993 inserting the amount to $779.
Bill Bartran, 1601 Lakeridge Court, stated he recently served on a focus group
dealing with the issue and stated the group supported the increase. He stated
there is a substantial amount of land being annexed and serviced by parks and no
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July 20, 1993 '
fees are being collected. He commented that taxpayer money could be saved if the
Storm Drainage, Parks Department, Poudre R-1, and developers worked together to
make dual use of land
Tom Sibbald, 725 Bonita Avenue, stated that he was originally going to suggest
the issue be tabled for further study by staff, but stated he supported the
smaller increase. He spoke of high administrative costs.
Lou Stitzel, 521 E. Laurel, spoke of the need for a sliding fee scale.
Barbara Allison, 1212 Lynnwood Drive, stated if fees must be raised she was glad
to see it would at a lesser rate.
Dick Jeffries, 1609 Wagontongue Court, with Associated' Contractors of Northern
Colorado, requested Council delay adoption of the Ordinance until policy issues
have been discussed further.
Mike Hauser, President of the Chamber of Commerce, spoke in supported of the
Ordinance and noted he supported the motion for a smaller fee increase.
Councilmember Horak opposed delaying the fee changes but emphasized the need to
discuss existing policy issues.
Councilmember Kneeland agreed with Councilmember Horak and spoke in support of I
the motion.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland and McCluskey. Nays: None.
THE MOTION CARRIED.
After Council discussion it was decided to change the order of the Agenda.
Resolution 93-111
Identifying Affordable Housing Policy
Implementation Strategies. Adopted.
The following is staff's memorandum on this item.
°EXECUTIVE SUMMARY
In October of 1992, the City Council adopted an Affordable Housing Policy which
helps define the City's role and responsibilities related to affordable housing
issues in the community. On June 22, 1993, the Council conducted a work session
to review a variety of implementation strategies for the policy recommended by
four Mini -Task Forces. Based on the discussion at the work session, staff has
prepared a resolution ).fisting the implementation strategies Council wishes to
consider in further detail."
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' July 20, 1993
Planning Director Tom Peterson gave a brief description on this item.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-111.
Sister Mary Alice Murphy, 1712 Erin Court, questioned the collection of
development fees as outlined in Section 4. She spoke of time limitations
regarding disbursement of grants funds.
Councilmember Horak clarified the sections in the resolution were items to be
brought back for Council consideration.
Lou Stitzel, 521 E. Laurel, thanked Council and staff for moving ahead on
affordable housing issues.
David Lipp, 626 Remington, spoke of the problem of the high rents. and thanked
Council and staff for acting on the problem.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
' Items Relating to the Creation and
Authorization of Appointments to a
Committee to Provide Advice to City Council
on City -Wide Affordable Housing Issues. Adopted.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 93-112 Creating an Affordable Housing Task Force; Qg
B. First Reading of Ordinance No. 84, 1993, Amending Chapter 2 of the City
Code Creating an Affordable Housing Board.
In October of 1992, the City Council adopted an "Affordable Housing Policy". On
June 22, 1993, Council conducted a work session to review a variety of
implementation strategies for the policy. One of the recommendations was the
creation of an Affordable Housing Board.
Two options are offered to create this group. The first option is to create a
temporary, advisory Task Force with a specific charge and a two-year sunset. The
alternative is to create a standing advisory board with broad responsibilities
related to housing affordability.
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July 20, 1993 '
In October of 1992, the City Council adopted a new Affordable Housing Policy for
the City. The purpose of the policy was to better define the City's role and
responsibilities related to affordable housing issues in the community. On June
22, 1993, the Council conducted a work session to review a variety of
implementation strategies recommended by four mini -Task Forces, one of which was
to create an Affordable Housing Board to advise the City Council and help staff
analyze various affordable housing issues and aid in the development of city-wide
affordable housing programs, including the creation of a housing trust fund.
Two options are offered to create this group, as follows:
Option 1. Create by resolution (see Resolution 93-112), a temporary, advisory
task force consisting of nine (9) representatives with expertise in affordable
housing issues, appointed by City Council, for a two-year period ending August
1, 1995, with the specific charge to provide substantive advice to City Council
and City staff with regard to the prioritization and implementation of the
recommendations of the Affordable Housing Mini -Task Forces.
Pros: 1.
An advisory task force of housing "experts" is needed to
assure proper implementation of the affordable housing
policy. Members with strong financial and/or
'
development backgrounds will assure that the City's
resources are used to create the greatest impact
possible within the City.
2.
The responsibilities of the Task Force are specific
which will help define the work program.
3.
After the two year trial period, the City Council may
review its performance and decide if the Task Force
should be continued and/or if its roles/responsibilities
should be changed.
Cons: 1. Creating a committee, any committee, results in a considerable
commitment. To work well, the Task Force will require a lot
of
time and effort on everybody's part, especially on the part
of
the Planning Department staff.
2.
There are some programs that may take longer than two
years to develop and/or implement. For example, a
"temporary" Task Force leaves unresolved the question of
who will implement the Housing Trust Fund.
3.
A narrowly focused committee could be interpreted as a
weaker commitment to affordable housing. ,
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' July 20, 1993
4. A temporary committee is inconsistent with the
recommendation of the mini -Task Forces.
Option 2. Create by ordinance (see Ordinance No. 84, 1993), a standing advisory
board consisting of nine (9) representatives with expertise in affordable housing
issues, appointed by City Council, for staggered, four-year terms, with general
functions and objectives including providing advice to the City Council on all
matters pertaining to affordable housing and helping staff analyze various
affordable housing issues and aid in the development of city-wide affordable
housing programs.
Pros: 1. An advisory board of housing "experts" is needed to
assure proper implementation of the affordable housing
policy. Members with strong financial and/or
development backgrounds will assure that the City's
resources are used to create the greatest impact
possible within the City.
2. The Board will have broad responsibilities to advise -the
Council on all matters pertaining to affordable housing
issues, including citizen participation and education,
coordination with other Boards and Commissions, etc.
J. Recognition as an "official" Board establishes
credibility and status with other Boards, Commissions
and community groups.
4. Demonstrates a long term commitment to affordable
housing. Provides program continuity, including the
implementation of a housing trust fund.
5. A standing Board is consistent with the recommendation
of the mini -Task Force.
Cons: 1. Creating a committee, any committee, results in a
considerable commitment. To work well, a Board will
require a lot of time and effort on everybody's part,
especially on the part of the Planning Department staff.
2. There are groups in the community who currently provide
advice and guidance on affordable housing issues. The
creation of a standing Board could overlap and/or
duplicate these efforts. Also, there are groups that
have the expertise to implement affordable housing
programs. A housing trust fund could be administered by
one of these groups.
1 172
July 20, 1993 '
STAFF RECOMMENDATION:
Staff recommends that Council consider the options and decide which one to
pursue."
Planning Director Tom Peterson gave a brief presentation on this item.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Ordinance No. 84, 1993 on First Reading.
Lou Stitzel, 521 E. Laurel, spoke of the reasons for the housing trust fund.
Sister Mary Alice Murphy, 1712 Erin Court, commented that she had served on a
subcommittee which recommended the Community Development Block Grant Commission
and the Affordable Housing Board be one in the same.
Shirley Reichenbach, 1313 Glenhaven Drive, spoke of the importance of affordable
handicap accessible dwellings.
Chris Zelle, 2828 Silverplume, thanked Council for its interest in the affordable
housing issue.
Councilmember Kneeland spoke in support of the motion and stated it is an I
economic development issue as well as a planning issue.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Related to STP Funding for a
Transportation Corridor Protect on US 287/Colorado 14. Adopted.
The following is staff's memorandum on this item.
°FINANCIAL IMPACT
The total cost of this Transportation Corridor Project will be $100,000. This
action will appropriate $95,000 from the Transportation Division of the
Transportation Fund to front the portion of the project being funded by the North
Front Range Transportation and Air Quality Planning Council ($80,000), and the
Colorado Department of Transportation (f15,000). This amount will be reimbursed
to the City as work is completed on the project. The remaining $5,000 will come
from the City's Department of Transportation 1993 and 1994 budget.
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July 20, 1993
EXECUTIVE SUMMARY
Resolution 93-110 Authorizing the Mayor to Execute an Intergovernmental
Agreement Between. the State Department of Transportation, Allocating Funds
for a Transportation Corridor Study on US 287/Colorado 14.
First Reading of Ordinance No. 83, 1993, Appropriating Prior Year Reserves
in the Transportation Division of the Transportation Fund for the
Transportation Corridor Project.
The North Front Range Transportation and Air Quality Planning Council approved
the expenditure of STP funds, that are available in 1993, for a Transportation
Corridor Project along US 287/Colorado 14 between 1-25 on the east and the
interchange with the Laporte Bypass on the west. This project is proposed to be
a cooperative effort among the City of Fort Collins, the Colorado Department of
Transportation, and the North Front Range Transportation and Air Quality Planning
Council to address the City Council's direction as it relates to the Northeast
Area Transportation Study Findings of December of 1992. The City Council at that
time adopted Resolution 92-189, which included a variety of transportation
elements.
One element of Resolution 92-189, the Northeast Arterial Plan, had two parts:
' First, build Alternative 1 as defined by the Northeast Area Study. Alternative
I would keep the existing traffic situation on US 287 and Colorado 14 but provide
upgrades to the improvements of this corridor to about the year 2000. The second
element of the Northeast Arterial Plan states: immediately begin studies to
determine a specific alignment and acquire a right-of-way as soon as possible for
the transportation corridor somewhere between Douglas Road and Owl Canyon to
serve transportation needs after the year 2000. The US 287/Colorado 14
Transportation Corridor Project addresses the first element of the Northeast
Arterial Plan. This project would be the next step toward implementing the City
Council decision. Staff proposes to hire a qualified consulting firm to assist
in the completion of this project.
BACKGROUND
Since the City Council decision on the Northeast Area Transportation Plan, staff
has been working with the Colorado Department of Transportation and Larimer
County. The results of those discussions have been formulated into a
Transportation Corridor Project which will:
• develop a corridor access plan;
• develop conceptual and preliminary engineering for improvements
identified along the corridor;
1
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July 20, 1993 '
• create a corridor improvement plan which will identify cost
prioritization and phasing of improvements needed along this
corridor;
• develop a beautification/landscaping plan along the corridor; and
• more thoroughly analyze possible solutions to the impact of heavy
truck traffic on the historic buildings in the Old Town area of Fort
Collins.
This Project will use a significant portion of the data and information that was
developed in the Northeast Area Study and build on that database. Staff
anticipates a significant public process throughout this study. Contact with
individual property owners along the corridor will be needed in the development
of the access control plan and a broader -based public process to discuss and
review possible solutions and impacts of larger transportation improvements will
also be a part of this plan. The development and successful completion of this
Transportation Corridor Project will provide the City of Fort Collins, Larimer
County, and the Colorado Department of Transportation a list of transportation
improvement priorities and a corridor/improvement plan to manage this
transportation corridor. The plan will include a multi -modal approach. The
Bikeway Plan and the transit elements that were approved in the Northeast Area
Study will be incorporated into this work to insure an integration of the '
different transportation modes. It is staff's expectation that the products from
this plan will enable the City to move forward in partnership with the Colorado
Department of Transportation to begin implementing and actually making
improvements along this corridor.
The Transportation Department has had preliminary discussions with affected
interests along the corridor. Both the Northeast Area Business Association and
the North College Planning Study Task Force have had an opportunity to review the
proposed scope of the project and have provided comments to department staff
regarding the Project. Staff has also reviewed the project with the
Transportation Board.
If Council approves the Resolution and Ordinance, it is staff's expectation that
consultant selection process for this project would begin in August, and the
project would start in September of 1993 and be completed in approximately nine
months. The project prioritization that is developed through this process would
be completed in time to be part of the decision -making process for the 1995 North
Front Range Transportation and Air Quality Planning Council and State budget
processes."
Transportation Director Rick Ensdorff gave a brief description of the project and
responded to Council questions.
Councilmember Kneeland made a motion, seconded by Councilmember Horak, to adopt '
Resolution 93-110.
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' July 20, 1993
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 83, 1993 on First Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-113
Recommending that Larimer County
Develop More Restrictive land
Use and/or Zoning Regulations for
The following is staff's memorandum on this item.
' 'EXECUTIVE SUMMARY
This request pertains to the Denver Television Special Review, which is a request
for a 380' transmission tower, with a 60' antenna installed near the top of the
tower. The site is located south of Rist Canyon Road, approximately 4 miles
west of Bellvue and is zoned 0-Open.
At the July 13, 1993 Adjourned Meeting, Council directed staff to prepare a
resolution regarding this item for consideration at the July 20, 1993 Council
meeting.
Staff has received several written comments from residents in the vicinity of the
proposed tower site and has included them as background information."
Planning Director Tom Peterson gave a brief presentation on this item.
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Resolution 93-113 Option B.
Councilmember Apt offered an amendment to the motion to change the language in
the second Whereas paragraph to read: "encourage the County to take immediate
action", under #1 add "as soon as possible" to the end of the sentence, under #3
add the language "in a timely manner". He stated the reasons for the additional
language was to emphasizes the urgency of the issue.
176
0
July 20, 1993 '
Councilmembers Horak and Councilmember Janett accepted the amendment as friendly
amendments to their previous motion.
Peterson spoke of Larimer County's review process.
Moby Wile, a resident of Rist Canyon, requested Council's support in keeping the
tower out of Rist Canyon.
Councilmember McCluskey questioned the process and stated he did not support the
motion.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland and Winokur. Nays:
Councilmember McCluskey.
I I r. I a MT111 i (1I I IS1_I :l Oil 14111
Other Business
Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt
Emergency Ordinance No. 85, 1993 Creating an Exception to Certain Provisions of
the City Code Pertaining to the Use of Poison, the Trapping of Animals and the
Discharging of Weapons. '
City Clerk Wanda Krajicek read the Ordinance into the record.
Commander Bud Reed clarified that Police Officers could kill skunks without
adopting the ordinance.
City Attorney Steve Roy clarified the purpose in drafting the language was to
permit specific actions be performed in extreme circumstances that would not be
permissible under existing ordinances. He stated an Emergency Ordinance can not
be adopted for the benefit of one person.
Councilmember Horak stated he did not support the emergency ordinance because it
may have other implications.
Commander Reed stated this was a very serious problem in Mr. Alberts area. He
commented that they are attempting to trap the skunks in humane traps, but noted
if that did not work then the emergency ordinance would help.
Mayor Azari spoke of the seriousness of the problem in the neighborhood. She
expressed her frustration with the Humane Society in its unresponsiveness to the
problem.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers
Apt, Janett, Kneeland, McCluskey. Nays: Councilmember Azari, Horak and Winokur. ,
177
ri
July 20, 1993
THE MOTION FAILED. (Emergency ordinances require 5 affirmative votes for passage)
Resolution 93-114
Amending Resolution 93-106
Approving Certain Documents
Relating to the Opera House Protect, Adopted.
The following is staff's memorandum on this item.
'EXECUTIVE SUMMARY
On July 6, 1993, Council approved Resolution 93-106 which approved changes to the
Opera House Project ("the Project") Industrial Development Revenue Bonds. The
approved changes would allow the Project financing to be restructured, lowering
annual debt service costs, and this, in turn, would increase the probability that
the retail and office space within the Project may be leased.
The approvals contained in Sections I and 2 of Resolution 93-106 are expressly
contingent upon the City Council's subsequent approval of an intergovernmental
agreement to be executed by the City, the Downtown Development Authority, the
Bondholders and all other parties having a recorded interest in the Project.
This agreement is to address the level of tenant finish, parking facilities for
the Project, levels of tax revenues and others to protect the interests of the
City. The original deadline for completion of and Council approval of the
agreement was set for August 3, 1993. This resolution allows two additional
weeks, until August 17, 1993, for approval of the intergovernmental agreement.
While progress has been made on the intergovernmental agreement, staff does not
believe that portions of the agreement will be finalized in time for the August
3, meeting. Also, the DOA Board's next regularly scheduled meeting is August 5,
and staff would appreciate DDA Board review, comment and recommendation before
bringing the agreement back to Council. The additional two weeks should be long
enough to finish up the negotiations and the intergovernmental agreement."
Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt
Resolution 93-114.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays:
None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Winokur, to adjourn
the meeting to July 27 at 6:15 p.m. to provide a public forum to review more
detailed plans of the "Bull Farm" project.
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July 20, 1993 '
Councilmember Horak withdrew his second to the motion. He stated the project has
not gone through the proper process. He suggested a letter or a resolution be
written presenting Council's position on the issue.
Jerry Bumonti, Vice4resident of Administrative Affairs at CSU, clarified letters
addressing the "Bull Farm" issue were sent to the neighborhood parties in
interest. He gave a brief history of the "Bull Farm" property and stated he
would be glad to meet with Council and neighbors regarding the issue at an
adjourned meeting. He clarified the project is moving rapidly and was too far
along to stop. He stated there is an ability and willingness to consider
additional refinements to the project and reported adjustments have been made to
the project as a result of input received.
Councilmember Apt made a motion, seconded by Councilmember Winokur, to discuss
the CSU Student Housing Project (formerly known as the "Bull Farm" P.U.D.) issue
and provide a public forum to look at the detailed development plans and
responses to previous citizen input, and provide citizens with an opportunity to
continue the process for refining the project. This meeting is to be adjourned
to 6:15 p.m. on July 27 with the worksession to follow.
Councilmember Apt stated the groundwork regarding the process for future projects
needs to be formalized in an attempt to develop a relationship with CSU on future
land -use planning issues. '
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Winokur. Nays: None.
THE MOTION CARRIED.
Addournment
The meeting was adjourned to 6:15 p.m. on July 27.
The meeting adjourned at 1:05 a.m.
ATTEST: yor
NU NSA_ WINE.
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