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HomeMy WebLinkAboutMINUTES-07/06/1982-RegularJuly 6, 1982 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 5:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 6, 1982, at 5:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Council - members: Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Absent: None Staff Members Present: Arnold, Krajicek, Huisjen, Lewis, Bob Lee, Barnes Agenda Review: City Manager City Manager Arnold noted there had been a request for an Executive Session to discuss legal matters. Councilmember Reeves requested Item #12, Resolution Making Findings Rela- tive to the Fairbrooke P.U.D. Master Plan and the Fairbrooke P.U.D. Phase One Preliminary Plan, be withdrawn from the Consent Calendar.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 be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #22, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be dis- cussed immediately following the Consent Calendar. 8. Consider Approving the Minutes of the regular meetings of June 1 and June 15 and the adjourned meeting of June 22, 1982. 9. Second Reading of Ordinance No. 68, 1982 and Obstruction Application Fees as Est 9-l7oi�the Code o the City of Fort Co Revising Street Encroachment lished in Sections 95-16 and ins. -314- July 6, 1982 ' This Ordinance was unanimously adopted on First Reading on June 15. The change was reviewed by the Parking Commission on Friday, June 4, 1982. Their recommendation and staff's proposed recommendation for the fee structure were presented at Council work session on June 8. Since the metered and time -limit parking is of the highest priority for parking, those fees are on a graduated scale. Recommended fee schedule: 1. Metered and time -limit parking - graduated scale: Space 1, $10.00; Space 2, $15.00; Space 3, $20.00; with $5 increments added to each additional space per month. 2. Unrestricted parking areas: $5.00 per space per month with a minimum charge of $10.00. 3. Single parking space: $1.00 per space per day with a minimum charge of $10.00. 4. Minimum charge on all permits: $10.00 per month. 10. Hearing and First Reading of Ordinance No. 81, 1982, Vacating Ease- ments and Streets in Lots 23 through 38 of Kensington South Second Fri ng. ' This is a request for the vacation of streets and easements in Lots 23 through 38 inclusive of Kensington South Second Filing. This site was originally approved by City Council on February 21, 1978. The Lot 23 through 38 area was replatted as The Square At Kensington South and approved by City Council on March 27, 1979. This vacation would solve the problem of duplicate or conflicting easements and streets. The staff has reviewed the request and is recommending approval. 11. Resolution Authorizing the City Council to Approve an Intergovern- mental Agreement with tFe State Departmen—tof Highways Provi ingor the Maintenance of Traffic Siqns and Siqnals Within the City. The State of Colorado currently reimburses the City of Fort Collins for the maintenance of traffic signs and signals on the state highways within the city limits at the rate of $100 per month per traffic signal and $840 a mile a year for traffic signing. The State Department of Highways has agreed to revise the rate for traffic signal maintenance to $135 per month per traffic signal. This will provide $1,120 per month in additional revenues. 12. Resolution Making Findings Relative to the Fairbrooke P.U.D. Master I Plan and e F thairbrooke P.U.D. Phase One Preliminary Plan. -315- July 6, 1982 On June 15, 1982, the City Council considered an appeal from a deci- sion of the Planning and Zoning Board relative to the Fairbrooke P.U.D. Master Plan and the Fairbrooke P.U.D. Phase One Preliminary Plan. This Resolution sets forth Council's findings on those appeals. 13. Resolution Awarding Water Treatment Plant Facilities Design Contract. Black & Veatch was selected from a group of ten engineering firms in May of 1981 to perform an evaluation and study of the various de- ficiencies at Water Treatment Plant No. 1. Part of the selection criteria included that the engineering firms have the necessary expertise to conduct the study and evaluation, and in addition, that they also have the necessary expertise to conduct any design or construction management which may follow. It was intended that the engineer selected would perform not only the study, but also any subsequent design work, pending negotiation of an acceptable fee and approval by City Council. Staff recommends adoption of the Resolution authorizing the City to enter into a contract with Black & Veatch, Consulting Engineers, in the amount of $129,000. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #9. Second Reading of Ordinance No. 68, 1982, Revising Street En- croachment and Obstruction Application Fees as Established in Sections 95-16 and 95-17 of the Code of the City of Fort Collins. Ordinances on First Reading were read by title by Wanda Krajicek, City Cl erk. Item #10. Hearing and First Reading of Ordinance No. 81, 1982, Vacating Easements and Streets in Lots 23 through 38 of Kensington South Second Filing. Councilmember Clarke made a motion, to adopt and approve all items not Yeas: Councilmembers Cassell, Clarke, and Wilmarth. Nays: None. THE MOTION CARRIED. seconded by Councilmember Reeves, removed from the Consent Calendar. Elliott, Horak, Knezovich, Reeves, Resolution Making Findings Relative to the Fairbrooke P.U.D. Master Plan and the Fairbrooke P.U.D. Phase One Preliminary Plan, Adopted Following is the staff's memorandum on this item: -316- July 6, 1982 ' "On June 15, 1982, the City Council considered an appeal from a decision of the Planning and Zoning Board relative to the Fairbrooke P.U.D. Master Plan and the Fairbrooke P.U.D. Phase One Preliminary Plan. Attached is a resolution setting forth Council's findings." Councilmembers Reeves and Wilmarth asked the record to show they did not participate in the discussion or vote on this item. Councilmember Knezovich made a motion, seconded by Councilmember Horak, to adopt the Resolution. Yeas: Councilmembers Cassell, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. (Reeves and Wilmarth withdrawn) THE MOTION CARRIED. Actions Relating to the Purchase of a Police Computer System (POSSE). Following is the staff's memorandum on these items: "A. Resolution Approving Purchase of Police Computer System. B. Hearing and First Reading of Ordinance No. 82, 1982, Authorizing the I City Manager to Enter into an Agreement for the Lease and Option of Certain Equipment. The City of Fort Collins MIS and Police Department staff spent nearly 2 years of research and analysis in order to determine the best solution to the Police Department's data processing needs. The results of that work and the recommended solution were presented to the Fort Collins and Loveland City Councils at June 8 worksessions. The attached resolution and ordinance authorize: 0 the sole source purchase of an HP3000 computer and POSSE, IMIS, CASS software and miscellaneous equipment from SIMCOM, Inc. for $158,831. 0 the lease -purchase financing for a period of 5 years for the computer and software. (The bids for the financing will be opened July 6 with the name of the successful bidder and the interest rate to be in- serted at that time.) Staff has been working with the City of Loveland to draft an intergovern- mental agreement in which Loveland would pay $54,675 of the total cost of the system. That agreement will be brought to City Council for approval at the July 20th Council session." Councilmember Clarke made a motion, seconded by Councilmember Elliott, I to adopt the Resolution Approving the Purchase of Police Computer System. -317- July 6, 1982 Councilmember Knezovich asked what the probability was of the City of Loveland entering into an agreement to share in the cost of this system. Deputy Finance Director Pete Dallow replied that most of the details had been worked out with Loveland; however, even if Loveland decided not to participate, staff still recommends purchasing the system. The vote on Councilmember Clarke's motion to adopt the Resolution was as follows: Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmember Reeves made a motion, seconded by Councilmember Elliott to adopt Ordinance No. 82, 1982, on First Reading inserting the name of Merit Financial Corporation and the interest rate of 11.687% in the appropriate blanks. Councilmember Knezovich asked how many firms offered proposals, what the interest range was, and if any local firms were involved. ' Deputy Finance Director Pete Dallow replied that 4 bids had been received from 20 companies solicited locally and in Loveland. The interest rates ranged from 11.687% to 13.65%. The vote on Councilmember Reeves' motion to adopt Ordinance No. 82, 1982, on First Reading was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Councilmembers' Reports Councilmember Clarke gave a Transfort update and noted he had met with CSU representatives with regard to the CSU contribution agreement. Councilmember Reeves reported on the Airport Ad Hoc Committee meeting noting they had reviewed plans for new development there. Councilmember Horak reported the progress of the Poudre Study Committee and suggested the Water Board and staff review the consultant's report with the recommended alternatives and come back to Council in August with a recom- mendation. I Councilmember Elliott reported on the CML conference in Steamboat Springs noting he had toured that city's new sewage treatment facility. -318- July 6, 1982 ' Councilmember Knezovich noted there would be a joint meeting with the Loveland City Council on July 27 to discuss the concept of an airport authority. Mayor Cassell asked that a Finance Committee meeting be scheduled in the near future since the first quarter financial statement has been received. He added that due to the resignation of Charles Peterson from the Parking Commission, Council will need to advertise and interview for this replace- ment. Executive Session Authorized Councilmember Clarke made a motion, seconded by Councilmember Reeves to adjourn into Executive Session for the purpose of discussing legal matters and land acquisition. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves, and Wilmarth. Nays: None. THE MOTION CARRIED. Citizen Participation Betty Todd, Stephens Street, spoke about the condition of the road in front ' of her home. She noted the need for improvements to the road surface because of water and drainage problems. City Engineer Tom Hays was directed to investigate Mrs. Todd's concerns and report back. Appeal of Zoning Board of Appeals Decision (ZBA# 1335), ZBA Decision Reversed Following is the staff's memorandum on this item: "On June 10, 1982, the Zoning Board of Appeals considered a variance request for the property at 750 E. Harmony Road. This request, heard as Appeal #1335, was effectively denied as a result of a 2-2 vote. Petitioner Randy Larsen, on behalf of the Harmony Presbyterian Church, is appealing this decision. The property at 750 E. Harmony Road is located in the RLP(low density residential) zone, which allows a church as a use by right. The land is currently undeveloped, but the Harmony Presbyterian Church owns the land and hopes to build a church facility in the near future. The church site, although located at the Harmony Road entrance to The Landings development, ' bordered on three sides by the Landings, is not part of The Landings. -319- July 6, 1982 The City Sign Code allows a church in the RLP zone to have only one sign, not to exceed 35 square feet in area per face. There has been a church identification sign on the property for the last two years, thus the entire sign allowance for the property is already being used. Osprey, Inc. is currently developing the Boardwalk P.U.D. on land directly north of the church site. As an office park development with no frontage on Harmony Road, Osprey, Inc. is desiring to place a "Boardwalk" identification sign on the corner of Harmony Road and Boardwalk Drive. The sign code does allow a 35 square foot identification sign for such a development at every entrance into the project. The Boardwalk P.U.D. is platted to Harmony Road on Boardwalk Drive, so the intersection is indeed an entrance into the development, thus allowing for one identification sign at Boardwalk and Harmony. Osprey Inc. owns the land on the west side of Boardwalk while Harmony Presbyterian Church owns the land on the east side of the street. However, since the location of the proposed sign is on the church property, property which allows only one sign, the construction of this second sign is only possible through a variance. In addition, both signs would be on Harmony Road and the Code allows only one sign per street frontage per property. Therefore a variance is also required to allow both signs to be on the ' same street. On June 10, 1982, the Zoning Board of Appeals considered the variance request for 750 E. Harmony Road. Staff pointed out to the Board that the proposed "Boardwalk" identification sign could be placed on the west side of the street, on property owned by Osprey, Inc., without the need for any variances. The Board made a motion to grant the vari- ances. The resulting vote was 2-2, with one member abstaining. A converse motion was made, meeting with the same vote results. Consequently, neither motion carried and the variances were not approved. City Council will be reviewing the decision made by the Zoning Board of Appeals rather than conducting a new hearing. Council members are being furnished with verbatim transcripts of the Zoning Board of Appeals meeting, as well as those materials submitted to the Board by the petitioner. In view of these facts, it may be advisable to limit presentations to the introduction of information not presented at the Zoning Board of Appeals meeting." Councilmembers Cassell and Reeves asked the record to show they did not vote or participate in the discussion of this item because of a possible conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Wilmarth, to ' reverse the decision of the Zoning Board of Appeals and grant the variance to Harmony Presbyterian Church as requested. -320- July 6, 1982 ' Councilmember Horak asked why one of the members of the Zoning Board of Appeals had abstained from voting on this issue. Code Administrator Pete Barnes replied that Zoning Board of Appeals member Leonard Szopinski had abstained because he previously was employed by Randy Larsen and he felt that was a conflict. Reid Rosenthal, representing Osprey, Inc., explained the hardship involved in this variance and noted the Boardwalk was the first interior project of its type in the city. He noted the project would have frontage on Board- walk Drive but not on the arterial, Harmony Road. He added that since the church eventually would obscure the visual impact of the Boardwalk, he felt it was extremely important to have signage on Harmony Road. Randy Larsen, representing Harmony Presbyterian Church, explained the church's position with regard to the signage. The vote on Councilmember Horak's motion to grant the variance as requested by Harmony Presbyterian Church was as follows. Yeas: Councilmembers Elliott, Horak, Knezovich, and Wilmarth. Nays: Clarke. (Cassell and Reeves withdrawn) ' THE MOTION CARRIED. Public Hearing and Resolution Adopting Alignment Plans for the Near Northeast Street Network and the Middle Alignment of the Lemay Avenue Extension, Resolution Adopted Following is the staff's memorandum on this item: "The purpose of this meeting with Council is to provide a final public hearing on the Lemay Avenue alignment and the Near Northeast street net- work. Area residents have received courtesy notification. The City engaged Transplan Associates to evaluate alternative alignments for Lemay Avenue from Lincoln Avenue to Conifer Street and for Buckingham/ Redwood Streets from Lemay Avenue to Conifer Street, as well as to evaluate the need for Linden Street bridge. Based on material developed at work sessions on June 8 and June 22, 1982, and Council Meeting June 15, 1982, Transplan and staff prepared a report and developed a set of recommenda- tions for street and bridge improvements. The study, which began in August of 1981, was extensive and involved ' meetings with local developers, property owners and residents in group meetings, as well as one-on-one meetings on the owners' sites. Nearly -321- everyone involved in this project had an should be located; many of the opinions were considered during the design process the desires were conflicting, there was that totally satisfied all interests. July 6, 1982 opinion about where the streets were conflicting. All opinions and hearings but, because many of no way to develop a final design The recommendations listed below are those discussed and developed with the Council during the work session and public hearing. 1. The Near Northeast Street Network be adopted as the standard guideline for development of the area bounded by Cache La Poudre River, Colorado Highway 14, Summit View Road and Willox Lane. (Map attached.) 2. The middle alignment of the Lemay Avenue Extension be adopted as the alignment to be used in extending Lemay Avenue. 3. The improvements in the Near Northeast Street Network be con- structed in phases with the phases to be prioritized as develop- ment occurs and in accordance with the Capital Projects Management Control System. The phases include: A. The construction of North Lemay Avenue, Redwood Street, Buckingham Road and Linden Street. B. Repairs to the Linden Street Bridge and the installation of a traffic signal for one-way operation. C. Improvements to certain intersections as determined by Capital Project Priority Process. The "Proposed Interim Circulation Near Northeast Study Area" map identifies the work areas to be prioritized and completed. Staff recommends adoption of the Resolution." Councilmember Elliott made a motion, seconded by Councilmember Clarke, to adopt the Resolution. City Manager Arnold presented slides showing early street plans for the near northeast area. He showed the Master Street Plan as it exists and noted the problems in the BAVA neighborhoods. He presented the alterna- tives studied and noted the reasons for the conclusions and recommendations presented by staff and Transplan. -322- July 6, 1982 Councilmember Reeves asked if the Master Street Plan would need to be amended to reflect these changes. City Attorney Huisjen replied the amendments would follow when staff is ready to present them after notice is given and hearings are held. The following persons spoke to this issue: 1. Tom Baca Jr., 224 1st Street, spoke in opposition to the improvement of Buckingham Street because of the increased traffic. 2. Lester Cowell, Buckingham, opposed the increased traffic that would be generated if the Buckingham route is implemented. 3. Dan Larsen, 2700 Blevins Circle, agreed with Messrs. Baca and Cowell and suggested this route would serve no purpose. Councilmember Horak asked what could be done to address the safety concerns expressed by the residents of the area. Director of Transportation Services Bob Lee replied that although the ' street would be designed to permit 40 mph traffic, that would not neces- sarily be the speed limit. He added he felt that in the long run this transportation system addresses the City's needs for the future, interfaces with Vine Street and the proposed parkway, and looks at the total assign- ment of traffic as that area develops. Buckingham would serve as a collec- tor connecting into Link Lane servicing the contiguous properties in that area. Councilmember Wilmarth noted he felt the plan was premature and he would vote in opposition to it. He added he felt the City would be misleading people by indicating the City was committed to this concept especially in light of other possible development in the area. The vote on Councilmember Elliott's motion to adopt the Resolution was as follows. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, and Reeves. Nays: Wilmarth. THE MOTION CARRIED. Adjournment Councilmember Wilmarth made a motion, seconded by Councilmember Horak, I to adjourn the meeting. Yeas: Councilmembers Cassell, Clarke, Elliott, Horak, Knezovich, Reeves and Wilmarth. Nays: None. -323- The meeting adjourned at 8:35 p.m. Mayor July 6, 1982 -324-