Loading...
HomeMy WebLinkAboutMINUTES-01/18/1994-RegularJanuary 18, 1994 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 18, 1994, 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, and McCluskey. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Resolution 94-7 Expressing Appreciation to Bob Winokur For His Contributions to the Community As Councilmember and Mayor. Adopted Mayor Azari expressed appreciation to Bob Winokur for his service on the Council. She presented and read Resolution 94-7. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 94-7. Barbara.Allison, 1212 Lynnwood Drive, voiced her appreciation for Bob Winokur's service to the community. Emily Smith, 1000 West Prospect, stated Bob Winokur's service to the citizens of Fort Collins is greatly appreciated and will long be remembered. Councilmember Janett believed Bob Winokur served the City of Fort Collins and the District he represents to full working capacity. She stated she appreciated the efforts he put forth in the time he has served on Council. Councilmember McCluskey stated his appreciation for the service put forth by Bob Winokur to the community and to the City government. Councilmember Kneeland stated she appreciated Bob Winokur's willingness to help her get acquainted with her Council role when she was appointed. Councilmember Apt stated he appreciated the time and efforts put forth by Bob Winokur to serve the community and the City on the various committees. Councilmember Horak stated Bob Winokur has done a great job serving as a Councilmember to this community. ' The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. January 18, 1994 ' Mayor Azari presented Bob Winokur with plaques for his service to the City of Fort Collins. City Manager Burkett extended staff's appreciation to Bob Winokur for his service on Council. He thanked Bob Winokur for focusing Council on policy issues related to long-range financial planning and for his participation throughout all the budget processes. Bob Winokur thanked the citizens, Council, and staff for their words of encouragement and support for his future endeavors. He stated the City Clerk's Office is an outstanding office. He thanked his family for the support they have showed him throughout his service on Council. Agenda Review Councilmember Janett requested that Item #15, Resolution 94-9 Approving an Intergovernmental Agreement for the Joint Ownership and Operation of the fort Collins/Loveland Municipal Airport, be withdrawn from the Consent Calendar. Councilmember Apt requested that Item #16, Resolution 94-10 Finding Substantial Compliance and Initiating Annexation Proceedings for the Willow Springs Annexation, be withdrawn from the Consent Calendar. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #24 Public Pulled Consent. 7. 91 This Ordinance, which was unanimously adopted on First Reading on January 4, 1994, approves the vacation of the right-of-way for Snowberry Street as originally platted with that P.U.D., located west of Shields Street on the north side of Drake Road. The request is being initiated in conjunction with the proposed development of the Preserve Apartments P.U.D. which replats that portion of the Raintree P.U.D. including the old Snowberry Street right-of-way. 54 1 January 18, 1994 9. Second Readinq of Ordinance No. 3. 1994. Authorizing the Mavnr to Fxprutp 10. 12. ]his ordinance, which was unanimously adopted on First Reading on January 4, 1994, granted a non-exclusive easement for an emergency access road across a 14.3-acre tract of land which was recently acquired for public natural area.purposes (the Quail Hollow 7th Filing). This easement would replace an existing easement that was in place on the land at the time of the City's purchase. The existing easement will be released by Burns Ranches, Inc. upon Council approval of the new easement. By adopting this resolution, the Mayor will be authorized to enter into a Parking Agreement that will provide the Opera Galleria Project with adequate parking- to meet its needs. The agreement will also provide revenue to the City in the amount of a prepayment of $50,000. The parking spaces will be rented at their present rental rate of $10 per space for spaces in the LaPorte America Lot on Block 31 and $15 on the third floor of the Downtown Parking Garage. Once the $50,000 prepayment is used up, the rental rate will be the going rate charged by the City to lessees of spaces in these various locations. The owner of the property, Jane C. Goodwin, is initiating this request for Local Landmark Designation for 314 East Mulberry Street known as the Replogle/Bennett House. A public hearing was held by the Landmark Preservation Commission on January 5, 1994, at which time the Commission voted to recommend designation of this property. The Landmark Preservation Commission and City staff are pleased to recommend the house at 314 East Mulberry Street as a local landmark, for its historical and architectural importance. Fort Collins. The owners of the property, German and Sondra Larrarte, are initiating this request for Local Landmark Designation for 1315 Remington Street known as the Hunter House and Garage. A public hearing was held by the Commission on January 5, 1994, at which time the Landmark Preservation Commission voted to recommend designation of this property. ' 55 13. 14. January 18, 1994 ; The Landmark Preservation Commission and City staff are pleased to recommend the house and garage located at 1315 Remington Street as a local landmark, for their historical and architectural importance. By adoption of Resolution 86-65, the City Council created the Commission on the Status of Women. That Resolution also encouraged Larimer County to appoint a representative to serve as an ex officio nonvoting liaison to the Commission. Although not officially recognized, Colorado State University has also historically appointed a representative to work with the Commission in a capacity similar to that of the Larimer County liaison. At its September 30, 1993 meeting, the Commission on the Status of Women voted unanimously to request that the City Code be amended to formally recognize the representative from Colorado State University. This Ordinance amends Section 2-167(a) of the Code to provide that Larimer County and Colorado State University may each appoint a representative to serve as an ex officio nonvoting liaison to the Commission. Resolution 94-8 Approving an Intergovernmental Agreement With Poudre R-1 ; School District Establishing the Barton Early Childhood Center Library. In early 1993, a City Council work session was held following the discussions of a possible City/School library in the new Fort Collins High School. Scenarios discussed included opening a mini branch library, building a large branch library in combination with the Front Range Community College, and seeking creative ways to electronically connect elementary school media centers to the Library and open some of these centers to the general public. These concepts were well received by the Council. The City and Poudre R-1 began to discuss options for a pilot project to test the concept of joint use media centers between the City Library and the elementary schools. At this same time, Poudre R-1 was awarded a grant funded by the U.S. Department of Education to create a pilot program to focus on early childhood education and parenting. The grant funds provide the staff and a small focused collection of 2,500 books, videos, cassettes, and educational toys. This project was housed in Barton Elementary School in 1993, which had previously undergone a decommissioning process and is no longer a traditional elementary school. The City and Poudre R-1 agreed to use the Early Childhood project at Barton Elementary School as a pilot for joint use media centers. 56 1 January 18, 1994 15. Resolution 94-9 Aporoving an Intergovernmental Agreement for the Joint Ownership and Operation of the Fort Collins/Loveland Municipal Airport. The Intergovernmental Agreement presented to Council for consideration is consistent in form and content to the IGA that was adopted -in 1991. One significant change is the inclusion of an Airport Steering Committee consisting of the Mayors of Fort Collins and Loveland, both City Managers, the Airport Manager and the Airport Liaison. The purpose of this Committee is to facilitate communication between the cities, and advise the Councils concerning Airport issues. These issues shall include, but not be limited to: general policy, budget, capital improvement projects, and service planning. 16. The property being considered for annexation is approximately 122.3 acres in size and is located three-quarters of a mile south of Harmony Road on the west side of Timberline Road. The property is under single ownership and is located within the Fort Collins Urban Growth Area. The property is currently in agricultural use; zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential with a PUD condition. 17. Resolution 94-11 Establishing Additional Policy Direction for the Acquisition of Natural Areas in the Core of the City. City Council's 1993-1994 Policy Agenda directed staff to reevaluate opportunities for acquiring natural areas in the core of the City. City Council reviewed this project at the December 28, 1993 worksession. Resolution 94-11 modifies existing Council policies to guide natural acquisition proposals in the core of the city. The policy change would add flexibility to permit acquisition of additional land in the core area that does not currently possess natural area values, but could be enhanced through habitat creation projects to provide natural values. 18. Resolution 94-12 Authorizing the Mayor to Enter into a New Reimbursement Agreement with D. Jensen Enterprises, Inc., for Reimbursement of a Sewer Line. On January 20, 1984, the City entered into a Reimbursement Agreement with D. Jensen Enterprises, Inc. ("Jensen") for reimbursement of a portion of the cost of an 8", 12", 15" and 18" wastewater line which starts at the east property line of Quail Hollow P.U.D., follows the Dixon Creek streambed to Spring Creek, and then follows the Spring Creek streambed to Georgetown P.U.D. 1 57 January 18, 1994 ; 19. Resolution 94-13 Supporting the Rose Tree Village Apartments Affordable Housing Pro.iect. On May 18, 1993, the City Council formally adopted the FY 1993-94 Community Development Block Grant (CDBG) Program. One of the projects funded, the Neighbor to Neighbor, Inc./Shields Street Corporation Affordable Rental Housing Project, was allocated $415,000 for land acquisition. The project, known as the Rose Tree Village Apartments Affordable Housing Project, is a public and private partnership that brings in outside investment capital to increase the availability of quality low-income housing units. Shields Street Corporation is applying to CHFA for low-income housing tax credits to fund the remainder of the approximately $6 million dollar project and is requesting a resolution from the City Council endorsing its application. 20. Resolution 94-14 Adopting a Public -Private Cooperation Statement 21. The Legislative Review Committee (LRC) recommends that the City adopt this Resolution, which is a statement of the City's philosophy on public/private cooperation. This statement is intended to reiterate the City's desire to work with the businesses in our community, and the City's goal of providing all services in the most cost efficient and effective manner possible. ' Throughout the summer, the Colorado Municipal League Public -Private Cooperation Committee worked on the issue of privatization, in an attempt to clarify municipal positions on this issue. The Committee worked jointly with the Colorado Association of Commerce and Industry, and published a brochure with recommended costing formulas and privatization criteria. This CML Committee recommends that each local municipality adopt a statement outlining its philosophy on this matter. A question has recently arisen regarding participation by the chairpersons of boards and commissions in debate and vote on matters before a board or commission. The Boards and Commissions Manual, which was adopted by the Council by Resolution 90-110, provides that, insofar as possible, the conduct of meetings shall be governed by Robert's Rules of Order. Although Robert's Rules of Order say that chairpersons vote only to make or break a tie vote and do not participate in debate, the City practice is to the contrary. This Resolution amends the Boards and Commissions Manual to specifically provide that the chairpersons of boards and commissions shall be permitted to participate in the debate of matters and to vote on all motions made by members to the same extent and with the same effect as other members. m ' January 18, 1994 22. Resolution 94-16 Makinq an Appointment to the Downtown Development A vacancy currently exists on the Downtown Development Authority due to the resignation of Shari Massey. Councilmembers Horak and Kneeland reviewed the applications on file and are recommending Mary Brayton be appointed to fill the term which expires June 30, 1997. 23. Routine Deeds and Easements. a. Deed of Dedication from Eastrich #52 for drainage purposes over a 30 foot wide portion of land located adjacent to and south of Oakridge Business Park, 16th Filing. b. Easement Dedication from Wild Wood Farm, Inc. for utility and drainage purposes over a portion of land located in Wild Wood Farm Subdivision, 2nd Filing. C. Easement Dedication from Wild Wood Farm, Inc. for utility purposes over a portion of land located in Wild Wood Farm Subdivision, 2nd Filing. d. Easement Dedication from James Johnson & Son, Inc. for storm water detention purposes over a portion of land located in the southwest corner of Lot 17 of Spring Court Subdivision. e. Easement Dedication from Thomas G. Noonan and Martha H. Noonan for the purpose of flattening and contouring the overall slope of the road over the portion of land adjacent to County Road 32. f. Easement Dedication from Alan L. Patterson and Wanda M. Patterson for the purpose of flattening and contouring the overall slope of the road over the portion of land adjacent to the south side of County Road 32. g. Easement Dedication from Chester E. Dickson and Sucha Y. Dickson for the purpose of flattening and contouring the overall slope of the road over the portion of land adjacent to the north'side of County Road 32. h. Easement Dedication from Thomas G. Noonan and Martha H. Noonan for the purpose of flattening and contouring the overall slope of the road over the portion of land adjacent to the south side of County Road 32. 59 January 18, 1994 Items on Second Reading were read by title by City Clerk Wanda Krajicek. Q Q Items on First Reading were read by title by City Clerk Wanda Krajicek. 10. 11. 12. 13. First Reading of Ordinance No 7 1994 Amending Section 2-167(a) of the ' City Code Relating to the Commission on the Status of Women Councilmember Apt made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Kneeland stated she attended a Colorado Municipal League Seminar which discussed Amendment 1 and several other issues. Councilmember Apt stated the Growth Management Committee met and put together a very informative presentation for the Council worksession on January 25, 1994. iJanuary 18, 1994 Ordinance No. 8, 1994 Amending Chapter 29 of the Code of the City of Fort Collins Relating to Sian Regulations. Adopted as Amended The following is staff's memorandum on this item.. "EXECUTIVE SUMMARY The City's first comprehensive sign ordinance was adopted in 1971. At the time of its adoption, and for many years after, the sign code was considered to be a model in municipal regulation of signs. Cities throughout the country have used elements of the City's code as the basis for their own sign codes. The City of Fort Collins has adopted numerous amendments over the years in order to address problems and issues as they arose, but no comprehensive evaluation had been done for the purpose of determining its general effectiveness in today's community. The 1990 Audit of the Land Development Guidance System identified the need to address concerns about signage. In response to this, staff undertook a 2-phase audit of the sign code. Phase 1 dealt with concerns about signage for commercial uses in predominantly residential areas. That audit culminated with the adoption in January, 1993 of code changes which established the "Residential Neighborhood Sign District". After the creation of this new sign district, staff turned its ' attention to Phase 2, a comprehensive audit of the sign code as it relates to the rest of the city. The Code amendments contained in this ordinance are the result of that review. A number of the recommended changes are housekeeping in nature, designed to close identified loopholes or add clarity to existing provisions. Other changes are substantive in that they establish new regulations or significantly alter existing regulations. BACKGROUND: Twenty-two years ago, the City of Fort Collins enacted regulations to control the location and design of signage on private property. For many years, this ordinance was considered to be state-of-the-art, and was used as a model across the country. This does not mean that the Sign Code has remained static and unchanging all these years. On the contrary, many amendments have been adopted in order to deal with issues as they have come up. For instance, in just the last three years City Council has approved three major changes. They dealt with the establishment of restrictive regulations for vehicle -mounted signs, off - premise signs (billboards), and commercial signs in residential districts. Lacking a comprehensive review, however, there have been concerns that the ordinance may now be outdated and that additional changes might be necessary in order to revitalize the Code. Thus, staff commenced a comprehensive review of the Code early in 1993. The purpose of the review was: 61 January 18, 1994 • To gather and gauge community input regarding perceptions of the Code (successes, failures, what's good, what's bad, experiences, suggested changes, etc.); • To conduct a staff review of the code to identify strengths, loopholes, weaknesses and problem areas; • To analyze sign codes of other jurisdictions in order to determine where the code may be lacking or outdated; • And to prepare and recommend adoption of any changes which might be appropriate and necessary. This audit has resulted in 36 specific recommended changes to the Code, some of which are quite far reaching. However, it is important to note that the Code remains foundationally intact and that the review has resulted in a finding that Fort Collins is doing many things right. Citizen Participation Process: Many opportunities were provided during the planning process for citizen comment. Specifically, 7 public forums were conducted with potentially affected parties such as realtors, property managers, developers, architects, sign contractors, business owners, Citizen Planners, Sierra Club, Scenic Colorado, and the Chamber of Commerce. Approximately 100 letters of invitation were mailed to representatives or members of these organizations, in addition to notices being placed in the Chamber of Commerce newsletter. Attendance was very poor at these meetings, with a total of 16 people in attendance. In addition to these 7 "invitation" forums, staff also held 2 public forums which were open to any interested citizen in the community. These two meetings were advertised in the Coloradoan and in the Triangle Review newspapers. Again attendance was very low, with a total of 7 people attending. More recently, letters were sent to attendees of the 9 public meetings advising them of the opportunity to review the final draft of the changes and of the opportunity to speak at the Planning and Zoning Board hearing on December 16, 1993. In addition, staff has had a number of conversations about the proposed changes, and held a work session Board in October. Finally, the Planning and Zoning on December 16, 1993. IN or meetings with individuals with the Planning and Zoning Board held a public hearing 1 1 January 18, 1994 Recommended Changes: The City staff has prepared Ordinance No. 8, 1994, which contains recommended changes to the Sign Code. In general, the recommendations are two -fold: First, a number of the changes are housekeeping in nature, building on the already solid base of the Code. They are designed to close identified loopholes or add clarity to existing provisions. Much of this is accomplished by adding definitions or amending existing definitions. New regulations have also been added and subtle wording changes made to existing regulations in order to accomplish the desired result. Second, a number of the changes are substantive in that they establish new regulations or significantly alter existing regulations for the purpose of bringing the Code more in line with newer codes, addressing concerns raised during the audit process, and codifying regulations which have been employed by the planning and Zoning Board for the last several years. For instance, some of the substantive changes accomplish the following: 1. Create regulations for window signage. Window signs are currently not regulated in commercial areas. The proposal would enact regulations which would govern all window signs, except that certain exemptions would apply to nonilluminated window signs which are less than 4 square feet and cover less than 25% of the window area. Sign permits would be required for all illuminated window signs and all larger nonilluminated window signs, and the amount of signage would be limited by the total allowed sign area for the premises. This will limit the amount of window signage that can be displayed. Other size limitations will be imposed by limiting the maximum size for a window sign to 80 square feet, and the maximum coverage -to 50Y. Section 30 of the proposed ordinance contains the specific regulations regarding window signs. 2. Reduce the maximum allowed size and height for certain signs. The maximum size for freestanding and ground signs would be reduced from 120 square feet to 90 square feet. The maximum height for Freestanding signs would be reduced from 24 feet to 18 feet and the maximum height for ground signs would be reduced from 24 feet to 12 feet. These changes are stipulated in Sections 14 and 15 of the ordinance. Section 7 of the ordinance contains a provision which reduces the maximum size for temporary development signs from 100 square feet to 64 square feet. Most of these signs are located in the Residential Neighborhood Sign District, and the proposed reduction brings the size more in line with the maximum sign size allowed for commercial signs in the District. Section 24 limits the maximum height of a wall sign to 7 feet. There presently is no height limit for such signs. 63 January 18, 1994 3. Eliminate all bonus programs and sign transfer provisions. The code currently allows for a bonus sign allowance if all of the signs on a property are individual letter signs and/or ground signs. However, this incentive to use these types of signs has been abused over the years in that businesses which were going to use such signs anyway, found out that they could make them larger because of the bonus. The ordinance contains a provision which eliminates this bonus allowance. Additionally, the code now allows for transfer of sign allowance from one street frontage to another when a lot borders more than one street. This results in a property being able to have more wall signage or larger freestanding signs along one of their street frontages than is intended. The recommended ordinance has a provision which eliminates all transfer provisions. These changes are found in Sections 9 and 11 of the ordinance. Create adjacency and orientation requirements for freestanding signs. The code presently allows one freestanding sign per street frontage per property, but the present wording makes it possible for a property which has more than one street frontage to have all their signs in close proximity to each other, possibly even allowing all the signs to be located on the same street frontage. Proposed Sections 17 through 20 contain amendments which establish requirements for freestanding signs to be located adjacent to the ' street from which their allowance is obtained. These sections also clarify how their setbacks are determined and what direction sign faces must be in relation to the street. Establish a setback table for ground signs. The code presently allows a ground sign to be located at a zero setback from the right- of-way line regardless of its size or height. For instance, a ground sign can now be 120 square feet in size and 24 feet high and still be at a zero setback. Section 14 of the ordinance caps the maximum height for such signs at 12 feet and the size at 90 square feet. The table in Section 14 establishes certain setback distances relative to the size and height of the ground sign. For instance, at a zero setback the maximum height will be 7 feet and the maximum size will be 45 square feet. The taller or larger the sign is, the further back it will have to be placed. 64 r January 18, 1994 6. Prohibit certain types of product displays. The current wording of a number of definitions is not specific enough to distinguish between some types of common outdoor storage or display and types of displays which are not common, such as hot tubs anchored in lawn areas, vacuum cleaners on a roof, or automobiles displayed on elevated racks. Sections 27, 28 and 29 amend current definitions for the purpose of classifying such displays as illegal portable signs. The wording of these proposed changes has been revised somewhat from the version reviewed by the Planning and Zoning Board to address questions raised at that meeting. Possible changes are also included regarding off -premise signs (Section 37); however, staff is not making any recommendation regarding these possible changes to the existing ordinance. The City Council adopted the current "Cap and Replacement" ordinance in 1991 after discussions with the off -premise sign industry and after hearing public input on this matter. At the December 16, 1993 Planning and Zoning Board meeting, the Board recommended that the City Council adopt Option 1 of Section 37. Option I leaves in place the current "cap and replacement" ordinance, but adds a provision which prohibits adding illumination to any existing or new off -premise sign. The Board believed that the "cap and replacement" ordinance has worked well so far, and that it deserves a chance to proceed as originally intended. ' The original draft of the ordinance that was considered by the Planning and Zoning Board on December 16, 1993 contained an additional section (Section 36 in the Planning and Zoning Board package). This section was a recommendation to establish regulations for signage along the 1-25 Corridor in anticipation of development occurring at some future time. The proposal would have allowed considerably larger signs in the Corridor. The Planning and Zoning Board determined that the discussion of I-25 signage should be delayed and considered separately, perhaps in conjunction with an 1-25 Corridor Plan. Therefore, its motion to recommend approval of the Code changes stipulated that Section 35 of the original draft be eliminated from the final draft. Staff agrees with the Planning and Zoning Board recommendation. The original Section 36 is included in this material as Exhibit "C" so that the City Council has an opportunity to review the 1-25 sign proposal which was presented to the Planning and Zoning Board. Eliminating this section from the final draft necessitated the renumbering of the two succeeding sections. RECOMMENDATION: Staff believes that the proposed housekeeping and substantive changes will: • eliminate the abuses that now occur, • establish provisions to regulate advertising methods which are ' currently not regulated, 65 January 18, 1994 • address many of the comments and concerns identified through the code review process, • create a Code that is predictable and consistent, • codify requirements which have been used by the Planning and Zoning Board, and result in a Code that is more restrictive, enhances the streetscape of the city, but yet is still fair to the businesses of Fort Collins. Therefore, staff recommends the adoption of Sections 1 through 36. On December 16, 1993, the Planning and Zoning Board voted 7-0 to recommend to the City Council the adoption of Sections I through 36 and Section 37, option 1. (See the minutes of the Board meeting). Any Councilmember making a motion regarding this Ordinance should specify which option of Section 37 is to be considered as part of the motion." Peter Barnes, Code Administrator, explained the process the sign ordinance has gone through. He explained the various options that could be adopted to update the Sign Code. He stated a number of the changes are housekeeping in nature and are designed to close loop -holes or add clarity to existing provisions. He ; stated some changes are substantive in nature in that they establish new regulations or significantly alter existing regulations for the purpose of bringing the code in line with newer codes. He stated some of the substantive changes deal with creating regulations for window signage and to reduce the maximum allowed size and height for certain types of signs. He stated one of the proposals is to reduce the maximum size allowed for temporary construction i.d. signs. He stated those signs are currently at 100 square feet in size and the suggested reduction is 64 square feet. He stated setback requirements are also addressed in relation to ground signage. He presented several slides that indicated the various types of signage that are and are not allowe by the code changes. Councilmember Janett asked if the code requires a size limit on off -premise signs. She asked if the code could make existing signage come into compliance with the size requirement. Barnes stated that under the Cap and Replacement Ordinance, the maximum size for new signage is 55 square feet when located less than 30 feet from the right-of- way line. When the signs are located more than 30 feet from the right-of-way line, the size requirement could be increased to 78 square feet. He stated the Federal Highway Beautification Act makes it difficult to deal with existing signage. Councilmember Apt asked if neon signage is addressed in the Ordinance. m January 18, 1994 Barnes stated neon is not differentiated as far as a type of illumination. Councilmember Horak made a motion, seconded by Councilmember Janett to adopt Ordinance No. 8, 1994, with Option 2, (no off -premise signs shall be constructed after February 25, 1994) on First Reading. Stephen Pink, 1210 South Summit View Drive - Sign Contractor, stated the all the information about signage should have not been presented to Council in this fashion. He believed there is an extensive amount of information regarding the Ordinance which should have been reviewed in various sections. He urged Council to postpone consideration of this item and form a committee from the business community that could review the Ordinance in greater detail. John Walker, local attorney and director of Scenic Colorado, stated Scenic Colorado supports Option 2 and all the provisions made to the Ordinance. He stated the City sets the example for the County and believed if this Ordinance was adopted the County would follow suit with its sign codes. He believed the addition of new billboards to the city would harm the scenic environment. Fred Gardner, President of Gardner Signs, Inc., stated the changes that are proposed in the housekeeping manner are acceptable; however, the other changes proposed are extremely radical. He stated the current signage located along College Avenue is acceptable to this community. He stated the advertising value of the signs are critical to the small business owner. He stated the proposed changes are going to have an adverse impact on the streetscape design of signage. Will Horton, Outdoor Image Advertising, recommended Options 1 or 3 to be adopted in Section 29-603. He stated that in 1991 a cap was placed on billboard signage and since that cap his billboard revenue has dropped by 25 percent. He stated with this Ordinance he would basically be put out of business. Al Anderson, American Outdoor Advertising, the Planning and Zoning Board is very conscious of the industry have guarded the amount and size of signage placed on properties. He stated the industry has met every criteria that was placed on signage in 1991 and believed it was unjust to place more restrictions on outdoor advertising. He believed the signs are of high quality and designed so that they are not an eyesore in Fort Collins. Ed Robert, 1923 Linden Ridge Drive, stated it appears to be a national and an international trend to control or try to eliminate the outdoor signage industry. He stated people are not happy with billboard signage. He encouraged the Council to work with the County to develop a plan that is compatible with the City's plan for signage. 67 January 18, 1994 ; Kelly Ohlson, 2040 Bennington Circle, stated the public relies on the Council and staff to make the very best decisions regarding routine changes to the Code. He believed the changes suggested to the Sign Code are what is best for this community. He stated the citizens of Fort Collins are supportive of the Sign Code and of any recommended changes that need to be implemented. Councilmember Kneeland stated she would support the Ordinance because signage in the city is closely related to growth management. She believed the Council and the community have the responsibility to consider these types of changes. Councilmember Apt stated he would support the Ordinance; however, neon amortization should be addressed within the Ordinance as well. Councilmember McCloskey stated he would not support the Ordinance. He believed the changes are not necessary at this point in time. He stated the existing Cap and Replacement Ordinance is working fine and believed the small businesses in town need several different avenues for advertising. Councilmember Janett stated she would support the Ordinance. She stated she supported the Cap and Replacement Ordinance; however, the billboards should not be replaced if taken down. She asked for more information regarding amortization before the second reading. Councilmember Apt stated billboards add to visual pollution and believed this I Ordinance would eliminate them over time. Councilmember Horak amended his original motion to change the second reading date of the Ordinance to February 15, 1994, to allow staff time to incorporate Council's suggested changes. Councilmember Janett, as second to the original motion, accepted the amendment as friendly. Councilmember Horak stated it is reasonable for the sign industry to adhere to the guidelines. He stated the community is extremely supportive of the Sign Code. He stated he would support the Ordinance and believed there had been ample time to review the proposed changes by staff, Council, the community and the sign industry. The vote on Councilmember Horak's motion to adopt Ordinance No. 8, 1994, as amended on First Reading was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, and Kneeland. Nays: Councilmember McCluskey. THE MOTION CARRIED. W L January 18, 1994 Resolution 94-9 Approving an Intergovernmental Agreement for the Joint Ownership and Operation of the Fort Collins/Loveland Municipal Airport, Adopted The following was staff's memorandum on this item. "FINANCIAL IMPACT In this agreement, the Cities of Fort Collins and Loveland agree to share equally in the revenues and expenses arising out of the Airport operations. Each of the Cities currently contributes $60,000 annually to the Airport's budget. These funds are then used to leverage state and federal (FAA) grants for capital improvements to Airport facilities pursuant to a five-year Airport Improvement Plan (CIP). EXECUTIVE SUMMARY The current IGA was adopted by both Councils in January 1991, following the dissolution of the Airport Authority. With the new Intergovernmental Agreement, full control and decision -making authority was placed with the Councils in Fort Collins and Loveland pursuant to terms of the joint ownership. ' The agreement which is attached addresses the operational, financial and facility planning aspects of the Airport in the context of shared ownership and responsibility. Areas covered by the IGA include: Joint Airport Operation, Facility Management, Role and Duties of the Airport Liaison and Airport Manager, and Airport Funding. ' The Intergovernmental Agreement presented to Council for consideration is consistent in form and content to the IGA that was adopted in 1991. One significant change is the inclusion of an Airport Steering Committee consisting of the Mayors of Fort Collins and Loveland, both City Managers, the Airport Manager and the Airport Liaison. The purpose of this Committee is to facilitate communication between the cities, and advise the Councils concerning Airport issues. These issues sha11 include, but not be limited to: general policy, budget, capital improvement projects, and service planning. This IGA shall remain in force until December 31, 1994, and may be extended either by written agreement of both cities, or, automatically for one year, by virtue of each city appropriating funds to support the Airport for the ensuing budget year." Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-9. 1 69 January 18, 1994 ' Councilmember Janett was concerned with land use planning issues surrounding the Airport and how the County would be involved in those issues. City Manager Burkett stated the issues of developing a Master Plan and how it relates to the land uses around the Airport are being addressed. Frank Bruno, Director of Economic Affairs, stated the Airport has an Aviation Engineering Consultant that is currently working on land use recommendations for the area adjacent to the Airport. Councilmember Janett asked if the Noise Reduction Plan, the Community Information Plan, and the Airport Security Plan are currently in existence or are being developed. Bruno stated the Airport Security Plan is currently being reviewed by the FFA. He stated an update of the Noise Reduction Plan, the Community Information Plan and possibly a new market analysis will be presented to Council in the near future. Larry Cumley stated the Airport Steering Committee should seek citizen input. He stated the public should be notified of all issues related to the Airport. Councilmember Kneeland believed safety issues should be reviewed in great detail. I Councilmember Janett asked how citizen participation on Airport issues will be handled. City Manager Burkett stated notification of the citizens would be a part of the normal process that the City follows. Mayor Azari stated since the Airport Steering Committee was formed, between the City of Loveland officials and the City of Fort Collins, the Airport has become more successful. Councilmember Horak asked if meetings were posted and provide public notice of the Steering Committee meetings. City Manager Burkett stated there is no posting of notices to the public on the Steering Committee meetings; however, notices could be posted for future meetings. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. 70 r 1 January 18, 1994 Resolution 94-10 Finding Substantial Compliance and Initiating Annexation Proceedings for the Willow Springs Annexation, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The property being considered for annexation is approximately 122.3 acres in size and is located three-quarters of a mile south of Harmony Road on the west side of Timberline Road. The property is under single ownership and is located within the Fort Collins Urban Growth Area. The property is currently in agricultural use; zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential with a PUD condition. The proposed Resolution determines that the annexation complies with the Municipal Annexation Act and the Intergovernmental Agreement for the Fort Collins Urban Growth Area, determines that a hearing should be established regarding the annexation, and directs that proper notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances on March 1, 1994. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. At least one sixth of the property boundary is contiguous to City limits, therefore the property is eligible for annexation to the City of Fort Collins. The property is contiguous to City limits with the South Harmony Annexation to the north and the Keenland Annexation to the west. The current owner is the Lya1 M. Nelson Estate. c/o Rodney Nelson and 6312 East Harmony Road Fort Collins, CO 80525 Sonja Rose 5429 East County Road 58 Fort Collins, CO 80524 Planning and Zoning Board Recommendation: The Planning and Zoning Board wi71 conduct a publ is hearing on the annexation and zoning request at its regular monthly meeting on February 28, 1994. The Board's recommendation will be forwarded to the City Council in time for first reading of the ordinances annexing and zoning the area, scheduled for March 1, 1994." Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-10. 71 January 18, 1994 ' Councilmember Apt asked if this was a PUD proposal being reviewed in conjunction with annexation. City Manager Burkett stated that policy has been changed and the PUD proposal would be reviewed separately. Jim Sell, Landscape Architect, asked for clarification on phasing criteria. City Manager Burkett stated the general concept of Phasing Criteria is that the City develop certain criteria which encourages development from the center of the City outward. He stated this criteria would prohibit "leap frog" development. He stated no specific phasing criteria have been adopted; however, the Growth Management Committee is reviewing such issues. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Resolution 94-17 Filling a Vacancy for the City's Appointed Director on the Platte River ' Power Authority Board of Directors. Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Platte River Board of Directors is comprised of two representatives from each of the four member cities. The Mayor (or Mayor's designate) fills one slot and the second representative is appointed by the Council. In June, Council adopted Resolution 93-81 designating Councilmember Bob Winokur to serve on the PRPA Board of Directors as the City's representative. Councilmember Winokur resigned from City Council effective January 4, 1994, and a vacancy therefore exists for the City's appointed representative on the PRPA Board. Council needs to appoint a representative for the remainder of Councilmember Winokur's unexpired term until December 31, 1996." Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution 94-17 inserting Councilmember Horak's name to fill the vacancy. Councilmember Kneeland stated she would support the Resolution; however, She believed the Director of Utilities should be consider as a representative of the PRPA Board. 72 1 January 18, 1994 Councilmember Janett stated she would support the Resolution. She believed it was a great opportunity' to have Councilmember Horak serve the City in this capacity. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Resolution 94-18 Making an Appointment to the Finance Committee, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The resignation of Councilmember Bob Winokur, effective January 4, 1994, has created a vacancy on the Finance Committee. This Resolution will appoint a Councilmember selected by the Council to fill the vacancy on the Finance Committee." ' Councilmember Janett made a motion, seconded by Councilmember Horak, to adopt Resolution 94-18 inserting Councilmember McCluskey's name to fill the vacancy. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Resolution 94-19 Authorizing the Purchase of an Energy Management System from Johnson Controls Incorporated. Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT Funds for the purchase of the Energy Management System in the amount of $90,400 are budgeted in the Senior Center capital project budget. "EXECUTIVE SUMMARY The Senior Center Project incorporated the Johnson Controls Energy Management System (EMCS) as part of the construction contract. When investigating potential ' cost savings, staff found that the City could save $32,000 if the City purchased the system directly from the vendor. 73 January 18, 1994 The EMCS was selected as a standard for City building environmental control systems through a competitive process in 1983. Currently, the EMCS is installed in ten general fund buildings and these are all connected to a central computer at the Facilities Division. Additionally, the EMCS is used in several of the Utilities buildings. If the EMCS is not approved, there is still a need for a heating ventilation and air conditioning control system for the building to function. Having a different system than the EMCS would necessitate training personnel in different technology and operational parameters. Also, additional costs would be incurred to connect a different system with the central computer at Facilities Division. Section 8-160 of the Code states that any exemption to the use of competitive bid or proposal in excess of $50,000 must be approved by the City Council." Councilmember Horak withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-19. Jim O'Neill, Director of Purchasing, stated the City could save money on the new Senior Center Project if an Energy Management System was installed. I Councilmember McCluskey asked if the $32,000 worth of savings is still the estimated figure. O'Neill stated the $32,000 is the estimated figure of cost savings to the City. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Other Business Councilmember Horak made a motion, seconded by Councilmember Janett, to direct staff to prepare a Resolution for Council consideration on February 15 that would provide assistance to Crossroads Safehouse with regard to development fees. Councilmember Horak stated that since the building is being expanded and upgraded the City should provide some support for such projects. Mayor Azari stated she supported the motion and believed assistance with the development fees is worthwhile. Councilmember Janett stated she would support the motion because it is a city - owned building and supports people who are in need of housing. 74 1 ' January 18, 1994 The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. THE MOTION CARRIED. Councilmember Janett spoke of the DBA Board meeting where truck traffic on Jefferson was discussed. She asked that a two -page memo be prepared on the status of the development of a truck route along Willow Street. Councilmember Apt asked what the status was on the Quality Indicators Forum. City Manager Burkett stated more information on quality measures will be provided to the Leadership Team. SIGN CODE AMENDMENTS FOR 2-15 Councilmember Kneeland asked if all signs would be horizontal and if the setback requirement would relocate signs in parking lots. Councilmember Apt suggested a 10 year period be placed on the amortization for non -conforming signs and that controls need to be placed on neon lighting. He asked about the status of billboards on annexed property. ' Councilmember Horak asked for language to make the suggested changes and for an analysis of how much these various issues have been discussed over the last few years. Mayor Azari asked for a formal response to the Planning and Zoning Board's recommendations on growth management and suggested a worksession be scheduled with the Board to discuss growth management issues. Councilmember Horak stated the Planning and Zoning Board should participate in the January 25, 1994 worksession. The meeting adjourned at 9:50 p.m ATTEST: City Clerk ' 75