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HomeMy WebLinkAboutMINUTES-03/17/1998-RegularMarch 17,1998 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 17, 1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Kelly Ohlson, 2040 Bennington Circle, spoke in opposition to allocations for natural area funds in the Capital Improvements Project, stating excess funds were tagged to be used for the purchase of open space and natural area land. He spoke of the need to take a more aggressive approach to land purchases. Tim Johnson, suggested back loading the 1/4 cent sales tax (Building Community Choices) for natural area land purchases, and stated it was critical to aggressively purchase open space and natural area property because of the rate of inflation. Linda Stanley, 2040 Bennington Circle, expressed concerns regarding supply and demand for land for commercial and home building and spoke of the steady increase in land value and the need to acquire land as soon as possible. David Roy, 1039 West Mountain Avenue, spoke of the need to acquire land ahead of the scheduled purchase times due to inflation, and requested the project schedule be changed. Ed Nix, 408 West Swallow Road, on behalf of the Thompson Poudre District, Longs Peak Council of the Boy Scouts of American, recognized and thanked Mayor Azari for her participation in the recent "Scout-O-Rama" event. Gina Janett, 620 Colorado Street, expressed concerns regarding natural area funding allocations and urged Council to modify the schedule to purchase land in the "front' years. Jerry Peltz, 816 Oxford Lane, spoke of the need for a coordinated effort by the City and Larimer County to balance natural area acquisition with development. Phil Friedman, 201 South Grant Avenue, expressed concerns regarding natural area purchases and concurred with comments made by previous speakers. 355 March 17. 1998 Citizen Participation Follow-up Councilmember Wanner stated under the "Other Business" portion of the meeting he would be asking staff to prepare a Resolution regarding acquisition of open land to be heard at the April 7, 1998 regular Council meeting. He spoke of the need to manage funds and be able to acquire land when needed, and to retain contract services of a broker agent so that land could be acquired as soon as it becomes available. Councilmember Mason responded to comments by previous speakers and stated the City has a Natural Areas Policy Plan which prioritizes the most sensitive natural areas to procure. Councilmember Bertschy requested information regarding the amount of sales tax the City could expect from Latimer County. Councilmember Smith opposed setting a fixed schedule of how to spend money that would preclude the City from taking advantage of future opportunities. Councilmember Kneeland spoke of the need to be true to the intent that was proposed to the voters. Agenda Review City Manager John Fischbach stated there were no changes to the Agenda as published. Councilmember Mason requested that Item #25, Resolution 98-50Approving theAir QualityAction Plan Update far 1999, be withdrawn from the Consent Agenda. ***CONSENT AGENDA*** Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8, 1997, Regular Municipal Election. A. Second Reading of Ordinance No. 24, 1998, Amending Article IV of Chapter 7 of the Code of the City of Fort Collins Relating to Candidates for Municipal Office. B. Second Reading of Ordinance No. 25, 1998, Amending Chapter 2, Article II, Division 1 of the City Code to Establish a Procedure for Resolving Protests Challenging the Qualifications of Councilmembers. C. Second Reading of Ordinance No. 26, 1998, Amending Chapter 7, Article III of Division 3 of the City Code Pertaining to Election Districts. 356 March 17, 1998 8. Second Reading of Ordinance No. 28, 1998, Changing the Name of the "Water Utilities Board" to "Water Board" and Describing the Board's Purposes. After the consolidation of the Water Board and Storm Drainage Board in September 1996, there was concern expressed among the majority of the Board members that the City Code did not adequately describe the purposes of the Board, and that a more specific description of the Board's purposes would be very helpful to both present and future Board members. Ordinance No. 28, 1998 was unanimously adopted on First Reading on March 3, 1998, making the needed changes. 9. Items Relating to the Fort Collins Business Center 2nd Annexation. A. Second Reading of Ordinance No. 29, 1998, Annexing Property Known as the Fort Collins Business Center 2nd Annexation. B. Second Reading of Ordinance No. 30, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fort Collins Business Center 2nd Annexation. On March 3, 1998, Council unanimously adopted Resolution 98-34 Setting Forth Findings of Fact and Determinations Regarding the Fort Collins Business Center 2nd Annexation. On March 3, 1998, Council also unanimously adopted Ordinance No. 29, 1998, and Ordinance No. 30, 1998, which annex and zone approximately .5 acre in size, located on the south side of East Vine Drive, north of East Lincoln Avenue and east of Tenth Street. It is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Latimer County, contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider for annexation property in the UGA when the property is eligible for annexation according to State law. APPLICANT: City of Fort Collins OWNER: No known owner of record 10. Items Relating to the Lincoln-Lemay Avenue Annexation. A. Second Reading of Ordinance No. 31, 1998, Annexing Property Known as the Lincoln-Lemay Avenue Annexation. B. Second Reading of Ordinance No. 32, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lincoln-Lemay Avenue Annexation. 357 March 17. 1998 On March 3, 1998 Council unanimously adopted Resolution 98-35 Setting Forth Findings of Fact and Determinations Regarding the Lincoln-Lemay Avenue Annexation. On March 3, 1998, Council also unanimously adopted Ordinance No. 31, 1998 and Ordinance No. 32, 1998, which annex and zone approximately 1.5 acres in size and is located on the west side of North Lemay Avenue, between East Lincoln Avenue and East Mulberry Street. The existing use of the property is a restaurant and retail business. The proposed zoning for this annexation is CCR, Community Commercial-Poudre River. 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. APPLICANT: City of Fort Collins OWNER: Daniel L. Ellsworth 1101 East Lincoln Avenue Fort Collins, Colorado 80521 H. Items Relating to the Pineridge 4th Annexation. A. Second Reading of Ordinance No. 33, 1998, Annexing Property Known as the Pineridge 4th Annexation. B. Second Reading of Ordinance No. 34, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Pineridge 4th Annexation. On March 3, 1998, Council unanimously adopted Ordinance No. 33, 1998, and Ordinance No. 34, 1998, which annex and zone approximately 179 acres in size, located on the west side of South Overland Trail and south of Drake Road and north of Horsetooth Road. The City of Fort Collins Natural Resources Department acquired the site in 1993. This property includes the site of the proposed Southwest Community Park/Youth Sports Complex. Other parts of the site will remain as open space and will provide a scenic backdrop for the City as well as preserve native landscape and wildlife habitat close to the urban core. APPLICANT: City of Fort Collins OWNER: City of For Collins 358 March 17, 1998 12. Second Reading of Ordinance No. 35, 1998, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Street Oversizing on Timberline Road from Stetson Creek Drive to Mail Creek Ditch. The widening of Timberline Road from Stetson Creek Drive to Mail Creek Ditch is scheduled for construction this spring. This project, adjacent to the Willow Springs PUD Subdivision, is being constructed through the Street Oversizing Program. On the east side of Timberline Road, south of Harmony Road, is the Scheller Subdivision which has dedicated right-of-way for the road improvements; however, additional utility and slope easements and temporary construction easements are required from the property owners south of the subdivision. Negotiations with two of the property owners are ongoing and all parties are hopeful that acquisition will be accomplished by agreement. Ordinance No. 35, 1998, was unanimously adopted on First Reading on March 3, 1998 and authorizes the City to begin condemnation proceedings if the negotiations forthe utility and slope easements and temporary construction easements are not successful. The property owners understand that the City is taking this action and that staff will continue to negotiate in good faith to acquire the property. The property owners are: Kenneth G. Conley James L. And Pamela S. Liebl 13. Second Reading of Ordinance No. 37, 1998, Authorizing the Conveyance of Land for Street Right -of -Way and the Grant of a Non -Exclusive Slope and Drainage Easement to the City of Loveland. The land affected by this street widening is owned by Latimer County, City of Loveland and the City of Fort Collins. The City of Fort Collins' share is 33.34%. The City of Loveland is proposing to widen 71 st Street to 100 feet and designate it as a major collector, as part of Loveland's street oversizing program. In order to permit the proposed widening, Loveland has proposed that the City of Fort Collins sell its interest in the 20-foot right of way and the 45-foot non-exclusive slope and drainage easement area to the City of Loveland. Ordinance No. 37, 1998 was unanimously adopted on First Reading on March 3, 1998, and authorizes the conveyance of land to the City of Loveland. 359 March 17, 1998 14. Second Reading of Ordinance No. 39, 1998, Amending Section 21-7 of the "Model Traffic Code for Colorado Municipalities," 1977 Edition Clarifying the Parking Requirements for City Motor Vehicles Using Camera Radar to Detect Speeding Violations and for Authorized Emergency Vehicles. Ordinance No. 39, 1998, which was unanimously adopted on First Reading on March 10, 1998, amends Section 21-7 of the City's Model Traffic Code to exempt authorized emergency vehicles, for law enforcement purposes, from certain parking requirements. 15. Items Relating to Library Services. A. Resolution 98-41 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Latimer County for the Purpose of Providing Library Services to Residents of Latimer County. B. First Reading of Ordinance No. 40, 1998, Appropriating Unanticipated Revenue in the General Fund for the Library Outreach Program. Latimer County provides funds to six library service providers in the County. This year, the County is paying $127,400 to the City for library services provided to Latimer County residents. Of this amount, $31,850 will be used for the City's library outreach program. This program brings library services to the homebound, the economically disadvantaged and services remote bookdrops throughout the community. The Resolution authorizes the Mayor to enter into the Agreement to provide library services to County residents and for outreach service. The Ordinance appropriates $31,850 for outreach services. The remaining $95,550 goes into the General Fund and represents a 6.8 percent increase over the projected amount in the 1998 budget. 16. First Reading of Ordinance No. 41, 1998 Appropriating Storm Drainage Fund Prior Year Reserves into the West Vine Drainage Basin Project. The West Vine Drainage Basin Master Plan identified the need for the establishment of a channel from Vine Drive to the Poudre River west of Shields Street. Currently no outfall or channel exists in this area. This outfall is rated the highest priority in the basin for construction. The proposed appropriation would be used to purchase right-of-way for the channel on the north side of Vine Drive. A portion of the right-of-way was acquired in 1995, however, an update to the hydrology in the basin has shown that runoff rates are expected to be higher than those identified in the basin master plan. A key reason for this increase is the expected spilling or dumping of the various irrigation ditches in the basin. The original basin master plan in 1980 assumed the irrigation ditches would not spill or be dumped. Spilling or dumping of the irrigation ditches in this area would free up the capacity of the ditches as they flow through the City to the south. During the flood of July 28, 1997, numerous comments from residents along the ditches spoke to the amount of runoff in the ditches. The subject 360 March 17. 1998 parcel was considered for development but negotiations with the developer will allow the City to purchase the parcel from a willing seller. The acquisition of the parcel will also allow a more flexible, naturalistic, and cost effective design of the facilities in this area because more right-of-way would be available. At this location the runoff must cross under Vine Drive at a diagonal and change direction on this parcel compounding the complexity of the design of the facilities. After final design and construction the City would be allowed to dispose of any portion the City no longer needs. 17. Items Relating to the RDC Annexation. A. Resolution 98-42 Setting Forth Findings of Fact and Determinations Regarding the RDC Annexation. B. Hearing and First Reading of Ordinance No. 42, 1998, Annexing Property Known as the RDC Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 43, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the RDC Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 39.15 acres in size. The site is generally located in an area bounded by the Burlington Northern Railroad and Vine Drive on the north, Collins Aire Mobile Home Park and Summitview Drive on the east, Industrial Business Park International P.U.D. and International Boulevard on the south, and the Dry Creek Annexation on the west. The property is vacant. The proposed zoning is L-M-N, Low Density Mixed -Use Neighborhood. This will match the existing zoning on the Dry Creek parcel located immediately to the west. Contiguity with the existing municipal boundary is gained along the north and west property lines. 18. Items Relating to the Visitors' Center at the Environmental Learning Center Annexation. A. Resolution 98-43 Authorizing the City Manager to Enter into an Intergovernmental Agreement with Colorado State University Concerning the Development of the Environmental Learning Center and Implementation of the Poudre River Environmental Learning District Conceptual Land Use Plan. B. Resolution 98-44 Setting Forth Findings of Fact and Determinations Regarding the Visitors' Center at the Environmental Learning Center Annexation. C. Hearing and First Reading of Ordinance No. 44, 1998, Annexing Property Known as the Visitors' Center at the Environmental Learning Center Annexation. 361 March 17. 1998 D. Hearing and First Reading of Ordinance No. 45, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Visitors' Center at the Environmental Learning Center Annexation. This is the voluntary annexation and zoning of an area of approximately five (5) acres in size, located south of Prospect Road, north of the existing Environmental Learning Center. The site is owned by Colorado State University and the primary use will be the Visitors' Center at the Environmental Learning Center. The proposed zoning for this annexation is POL- Public Open Lands zone district. APPLICANT: Colorado State University OWNER: Colorado State University 19. First Reading of Ordinance No. 46, 1998, Rezoning Approximately 1.671 Acres of a 4.880 Acre Site, Chaneine Approximately 1.048 Acres from the R-L, Low Density Residential, Zone to the C, Commercial, Zone and Changing Approximately .623 Acres from C to R-L, Known as the Snead Drive Rezonine. On March 18, 1997, the City Council passed Ordinance No. 51, 1997, adopting a new Land Use Code, and Ordinance No. 52, 1997, adopting a new Zoning Map, which were designed to help implement the land use policies of City Plan, the update to the City's Comprehensive Plan. At the time of the adoption of the ordinances, approximately 27 rezoning issue areas had been identified where either the property -owner and/or the adjacent property -owners and residents did not agree with staff's recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code, it was agreed that the rezoning of the issue areas would be further reviewed after adoption of the ordinances. The process would look again at the City Structure Plan and potential zoning designation. This property is one such issue area. The request is to rezone approximately 1.671 acres of a 4.880 site located east of Snead Drive and north of Fossil Creek Parkway. The rezoning request involves changing approximately 1.048 acres from the R-L, Low Density Residential, Zone to the C, Commercial, Zone, and changing approximately .623 acres from C to R-L. The current zoning consists of approximately 3.380 acres of R-L Zoning and 1.494 acres of C Zoning. If approved, the site would have 2.961 acres of R-L Zoning and 1.919 acres of CZoning. The zoning change is being requested by the Fort Coll i ns/Lovel and Water District in order to allow the construction a new office building on the C zoned portion of the site. APPLICANT: Fort Coll in Water District c/o Dino DiTullio The Everitt Companies 3900 South College Avenue Fort Collins, CO 80525 OWNER: Fraternal Order of Police Lodge #3 Michael Thornton, President 362 March 17. 1998 20. First Readin¢ of Ordinance No. 47, 1998, Amending Chapter 23 of the City Code to Reauthorize the Art in Public Places Program and Adopting the Art in Public Places Guidelines. The Cultural Resources Board worked on the Art in Public Places (APP) Ordinance and guidelines for two years. The Board researched other Art in Public Places programs throughout the country and presented the Ordinance to City Council for approval in April 1995. Art in Public Places is intended to encourage and enhance artistic expression and appreciation and to add value to the Fort Collins community through acquiring, exhibiting, and maintaining public art. By integrating art into the City's public facilities, the APP Program helps define how the community sees itself and highlight the importance of visual art. The APP Program reflects the values of the citizens, in a manner similar to the City's sign code and development guidelines for landscaping and other design elements. This Ordinance will continue to expand that quality of life enjoyed in Fort Collins. 21. First Reading of Ordinance No. 48, 1998, Granting a Sewer Line Easement to South Fort Collins Sanitation District and Granting a Storm Drainage Easement to Lagunitas Fossil Creek. Inc. This Ordinance grants a storm drainage easement and a sanitary sewer line easement across the Redtail Grove Natural Area. The District needs to upgrade the existing sanitary sewer service in the area. They currently have an easement on the property. Natural Resources staff and District staff have worked together on a preferred alignment through the natural area. The new alignment assures compatibility with and sensitivity to natural areas values. In exchange for granting of the new easement, the District will vacate the existing sewer line easement. Lagunitas is developing Fossil Creek Office Park, and has requested an easement for stormwater flows from its development. This easement for sheet flow will require no site improvements or construction disturbance within the Natural Area. 22. Items Relating to the Lincoln Junior High School 1st and 2nd Annexations. A. Resolution 98-45 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High School 1st Annexation. B. Resolution 98-46 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lincoln Junior High 2nd Annexation. These are voluntary annexations, located within the Urban Growth Area of the City of Fort Collins. The City may annex property located within the Urban Growth Area Boundary, provided that the property has 1/6th contiguity with the existing City boundary. The proposed annexations known as the Lincoln Junior High I stAnnexation and Lincoln Junior High School 2nd Annexation comply with this requirement. 363 March 17, 1998 The Lincoln Junior High 1st Annexation is approximately 1.89 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hill Road. The proposed zoning for this annexation is UE-Urban Estate zone district. The Lincoln Junior High 2nd Annexation is approximately 49 acres in size and is located on West Vine Drive, between North Shields Street and North Taft Hill Road. The existing use of the property is an elementary school. The proposed zoning for the annexation is UE- Urban Estate zone district. 23. Resolution 98-47 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mountain View School Annexation. This is a voluntary annexation, located within the Urban Growth Area of the City of Fort Collins. The City may annex property located within the Urban Growth Area Boundary, provided that the property has 1/6th contiguity with the existing City boundary. The proposed Mountain View School Annexation complies with this requirement. The Mountain View School Annexation is approximately 1.67 acres in size and is located north of LaPorte Avenue, between North Taft Hill Road and North Overland Trail. The existing use of the property is a school. The proposed zoning for this annexation is LMN- Low Density Mixed Use Neighborhood zone district. 24. Items Relating to Tavelli Elementary School 1st and 2nd Annexations. A. Resolution 98-48 Finding Substantial Compliance and Initiating Annexation Proceedings for the Tavelli Elementary School 1st Annexation. B. Resolution 98-49 Finding Substantial Compliance and Initiating Annexation Proceedings for the Tavelli Elementary School 2nd Annexation. These are voluntary annexations, located within the Urban Growth Area of the City of Fort Collins. The City may annex property located within the Urban Growth Area Boundary, provided that the property has 1/6th contiguity with the existing City boundary. The proposed annexations known as the Tavelli Elementary School Ist Annexation and Tavelli Elementary School 2nd Annexation comply with this requirement. The Tavelli Elementary 1st Annexation is approximately 0.3 acres in size and is located on North Lemay Avenue, south of County Club Road. The proposed zoning for this annexation is UE-Urban Estate zone district. The Tavelli Elementary 2nd Annexation is approximately 9.25 acres in size and is located on North Lemay Avenue, south of Country Club Road. The existing use of the property is an elementary school. The proposed zoning for the annexation is UE-Urban Estate zone district. 364 March 17, 1998 25. Resolution 98-50 Approving the Air Quality Action Plan Update for 1999. The proposed Air Quality Action Plan update is a set of actions to continue implementation of the Air Quality Policy Plan (AQPP), an element of the Comprehensive Plan originally adopted in 1993, and restated in the City Plan Principles and Policies generally as Principle ENV-], and specifically as Policy ENV- I.I. Adopting this Resolution would complete the second review and redirection of the City's air quality programs, as called for in the AQPP. This one year update will bring the Action Plan review cycle in sync with the two year budget cycle. Once approved by City Council, the Action Plan becomes the basis for the staff work program and budget recommendations. 26. Resolution 98-51 Supporting the 2020 Regional Transportation Plan for the North Front Range Transportation and Air Quality Planning Council. The 2020 Regional Transportation Plan is currently being developed. The recommended projects have been prioritized under specific transportation modes: Transit/HOV; rail; bike/pedestrian; mobility strategies; and highway. These projects have been recommended by the NFRT and AQPC Technical Advisory Committee for adoption by the North Front Range Council on April 2, 1998. Mayor Pro Tern Will Smith is the City Council's representative on the NFRT & AQPC, and will be voting on the 2020 RTP. This Council action will provide direction to Mayor Pro Tern Smith on the proposed 2020 Regional Transportation Plan. City Council reviewed the 2020 RTP at its January 27, 1998 study session. 27. Resolution 98-52 Establishing Rental Rates to be Charged for the City's Surplus Raw Water for the 1998 Season. This Resolution approves rates for the rental of the City's surplus raw water. Each year prior to the irrigation season, the City's Water Utilities Board ("the Board") makes a recommendation to the Council on the rental rates to be charged for the City's surplus raw water. The surplus water rental program was discussed at the February 26, 1998 meeting of the Board. The proposed rental rates are based on several factors including past rental rates, assessment rates, and anticipated supply and demand conditions. 28. Resolution 98-53 of the City Council Accelting, the Advisory Opinion and Recommendation No. 98-1 of the Ethics Review Board. Section 2-569(e) of the City Code provides that all opinions and recommendations of the Council Ethics Review Board be submitted to the full Council for review and approval. The Ethics Review Board met on February 25, 1998, to render opinions on the following questions: (1) Whether a member of the Landmark Preservation Commission (the "Commission") may appear before the Commission (or one of its committees) as a professional representing an applicant; and UIR March 17, 1998 (2) Whether a member of the Planning and Zoning Board who has declared a conflict of interest on a matter may appear before the Board as a private citizen to urge a particular outcome; and (3) Whether a member of the Planning and Zoning Board may participate in a decision of the Board and then later participate as a citizen when the matter is presented to the City Council, either on appeal or following a recommendation from the Planning and Zoning Board. 29. Routine Easements. A. Deed of Easement from Kimberely Jordan and Jeffrey David Lebesch to install a water hydrant and associated lines, located on Dean Drive. Monetary consideration: $10. B. Deed of Easement from Mark W. and Ann M. Dings to install a composlite vault, located at 6617 South College. Monetary consideration: $300. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Follow-up Legislation Resulting From Adoption of Charter Amendments at April 8, 1997, Regular Municipal Election. A. Second Reading of Ordinance No. 24, 1998, Amending Article IV of Chapter 7 of the Code of the City of Fort Collins Relating to Candidates for Municipal Office. B. Second Reading of Ordinance No. 25, 1998, Amending Chapter 2, Article 11, Division I of the City Code to Establish a Procedure for Resolving Protests Challenging the Qualifications of Councilmembers. C. Second Reading of Ordinance No. 26, 1998, Amending Chapter 7, Article III of Division 3 of the City Code Pertaining to Election Districts. 8. Second Reading of Ordinance No. 28, 1998, Changing the Name of the "Water Utilities Board" to "Water Board" and Describing the Board's Purposes. 9. Items Relating to the Fort Collins Business Center 2nd Annexation. A. Second Reading of Ordinance No. 29, 1998, Annexing Property Known as the Fort Collins Business Center 2nd Annexation. B. Second Reading of Ordinance No. 30, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fort Collins Business Center 2nd Annexation. 366 March 17, 1998 10. Items Relating to the Lincoln-Lemay Avenue Annexation. A. Second Reading of Ordinance No. 31, 1998, Annexing Property Known as the Lincoln-Lemay Avenue Annexation. B. Second Reading of Ordinance No. 32, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lincoln-Lemay Avenue Annexation. 11. Items Relating to the Pineridge 4th Annexation. A. Second Reading of Ordinance No. 33, 1998, Annexing Property Known as the Pineridge 4th Annexation. B. Second Reading of Ordinance No. 34, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Pineridge 4th Annexation. 12. Second Reading of Ordinance No. 35, 1998, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Street Oversizing on Timberline Road from Stetson Creek Drive to Mail Creek Ditch. 13. Second Reading of Ordinance No. 37, 1998, Authorizing the Conveyance of Land for Street Right -of -Way and the Grant of a Non -Exclusive Slope and Drainage Easement to the City of Loveland. 14. Second Reading of Ordinance No. 39, 1998, Amending Section 21-7 of the "Model Traffic Code for Colorado Municipalities." 1977 Edition Clarifying the Parking Requirements for City Motor Vehicles Using Camera Radar to Detect Speeding Violations and for Authorized Emergency Vehicles. 32. Second Reading of Ordinance No. 38, 1998 Repealing and Re-enacting Chapter 24, Division 2 of the Code of the City of Fort Collins Pertaining to Street Oversizing Funds and Enacting Article H of Chapter 7.5 Adding Provisions Related to a "Street Oversizing Capital Improvement Expansion Fee". Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No. 40, 1998, Appropriating Unanticipated Revenue in the General Fund for the Library Outreach Program. 16. First Reading of Ordinance No. 41, 1998 Appropriating Storm Drainage Fund Prior Year Reserves into the West Vine Drainage Basin Project. 17. Items Relating to the RDC Annexation. 367 March 17. 1998 A. Hearing and First Reading of Ordinance No. 42, 1998, Annexing Property Known as the RDC Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 43, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the RDC Annexation to the City of Fort Collins, Colorado. 18. Items Relating to the Visitors' Center at the Environmental Learning Center Annexation. A. Hearing and First Reading of Ordinance No. 44, 1998, Annexing Property Known as the Visitors' Center at the Environmental Learning Center Annexation. B. Hearing and First Reading of Ordinance No. 45, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Visitors' Center at the Environmental Learning Center Annexation. 19. First Reading of Ordinance No 46, 1998, Rezoning Approximately L671 Acres of a 4.880 Acre Site Changing Approximately 1.048 Acres from the R-L, Low Density Residential, Zone to the C Commercial, Zone and Changing Approximately .623 Acres from C to R-L, Known as the Snead Drive Rezoning. 20. First Reading of Ordinance No. 47, 1998, Amending Chapter 23 of the City Code to Reauthorize the Art in Public Places Program and Adopting the Art in Public Places Guidelines. 21. First Reading of Ordinance No. 48 1998, Granting a Sewer Line Easement to South Fort Collins Sanitation District and Granting a Storm Drainage Easement to Lagunitas Fossil Creek, Inc. Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. iE March 17, 1998 Staff Reports Transportation Demand Supervisor Linda Dowlen reported on the new PassFort bus program for City employees, and reported the City of Fort Collins is the first City to offer free bus passes to employees in an attempt to reduce the number of single occupant trips. She spoke of the guaranteed ride home program. Councilmember Reports Councilmember Byrne reported the MPO met and discussed its 20-year plan and prioritation of projects. He stated the Poudre School District met and discussed various issues relating to school sites, annexations, and allocations of Building Community Choices funding. He stated a joint Council and School Board meeting has been scheduled for June 20, 1998. Councilmember Kneeland reported she recently attend the National League of Cities meeting in Washington D.C. She stated the major topic for discussion was the changing of revenue "streams" for municipalities, i.e., sales tax revenues (purchase of products over the Internet), and right-of-way purchases with regards to telecommunications. Ordinance No. 38,1998 Repealing and Re-enacting Chapter 24, Division 2 of the City Code Pertaining to Street Oversizing Funds and Enacting Article II of Chapter 7.5 Adding Provisions Related to a "Street Oversizing Capital Improvement Expansion Fee", adopted on Second Reading. The following is staffs memorandum on this item. "Executive Summary This Ordinance, which was unanimously adopted on First Reading on March 3, 1998, increases the Street Oversizing Fees necessary to cover costs for the new Street Standards and City Plan, and modifying the methodology of the Street Oversizing Program. BACKGROUND: This Ordinance was passed unanimously by the Council on first reading. However, there was considerable confusion as to which language in the Ordinance was new and which had existed in the City Code previously. The confusion was apparently attributable to the fact that Chapter 24, Division 2 of the Code, pertaining to the administration of the street oversizing funds, was being repealed and reenacted in its entirety, so all of the language in that Chapter was "redlined" in the Ordinance. (Re-enactment is required under Section 1-9 of the Code, pertaining to Code amendments when sections require substantial rewording.) On second reading, the only "redlines" and "strike outs " shown in the Ordinance are those changes that have been made between first and second reading. The following explains each of the changes to Chapters 24 and 7.5 in the Code that March 17, 1998 would resultfrom the passage of this Ordinance and compares the resulting revisions of Chapters 24 and 7.5 of the Code to those Chapters as they presently exist in the Code Generally speaking, what is being added to the Code by reason of the adoption of Ordinance No. 38, 1998, is a new method of formulating the Street Oversizing Fee (which is being renamed the Street Oversizing Capital Improvement Expansion Fee, to be more consistent with the other capital improvement expansion fees that were recently adopted by the Council). Also, the purposes for which the fee revenues can be used are being expanded somewhat. In reorganizing and amending the provisions of Chapter 24 and Chapter 7.5, those provisions pertaining to the administration of the street oversizing program were left in Chapter 24, while the provisions in imposing the fee were added to Chapter 7.5, which contains the other capital improvement expansion fees. The particular changes are: Chapter 24 • The definition of `fee" has been changed to reflect the new name of the fee, i.e. the Street Oversizing Capital Improvement Expansion Fee. • The definition of "dwelling, multi -family " has been moved to Chapter 7.5, dealing with the imposition of the fee, and the term has been changed to "multi family structure", which is used throughout Section 7.5. The definition of "dwelling unit" has also been moved to Chapter 7.5, since it, too, has to do with the imposition of the fee. • The definitions of "dwelling, single-family" and "dwelling, two family" have been eliminated, since those terms are no longer used in the new versions of Chapter 24, Division 2 and Chapter 7.5. • The definition of "proportionate acreage " has been eliminated, since that term is no longer used in formulating the fee. • Existing Sections 24-112 through 24-118 have been removed, since these pertained to the "old" method of calculating the fee. • Existing Section 24-119, pertaining to the annual review offees, has been eliminated infavor of the general language in 7.5-18 which provides for annual increases in the amount of all capital improvement expansion fees. • Anew Section 24-112 has been added. The provisions in this section generally parallel the provisions in existing Section 24-121 (pertaining to use of funds), and they describe the manner in which the street oversizing reimbursement program is administered. Also, for second reading, the references to the "Director of Engineering" in Sections 24-112 and 24- 113 have been changed to either the "City Engineer" or the "City Manager" depending upon the context. (The City Engineer will generally administer the program, while the City Manager, or his or her designee, will be responsible for determining eligibility for an exemption for contributions to economic development.) 370 March 17. 1998 Section 24-113, pertaining to fee waiver and appeal, is essentially the same as existing Section 24-120. Subsection (a) of this section describes the circumstances under which the fee can be waived because of "exceptional hardship. " Subsection (b) of this, section contains the provisions far exempting fees for contribution to economic development. Subsection (c) of this section, pertaining to appeals, has been changed from first reading so that any appeal pertaining to the exemption for economic development would be heard by the City Council. Chapter 7.5 As mentioned above, the changes to this chapter are intended to incorporate the revised Street Oversizing Capital Improvement Capital Expansion Fee into the chapter of the Code which contains the other capital expansion fees. These changes are as follows: Section 7.5-16, pertaining to intent, has been changed to incorporate the studies that formed the basis for this particular fee. Section 7.5-17, pertaining to definitions, has been expanded. A definition of street oversizing improvements has been added. (The definition allowsfor the expenditure ofstreet oversizing funds for additional purposes, such as the acquisition of right-of-way and the provision of transit facilities.) Also, the definitions of duplex, dwelling, dwelling unit and multi family structures have been moved into this chapter from Chapter 24, Division 2. The definitions of building permit, capital improvements, capital improvements plan, commercial development, developed parcel, development, fee payer, industrial development, residential development and site are all presently contained in Chapter 7.5 and are applicable to all capital improvement expansion fees. Section 7.5-19 (imposition, computation and collection offees), Section 7.5-20 (offsets and credits), Section 7.5-22 (use of fee proceeds), and Section 7.5-23 (appeals) have been modified so as to accommodate the addition of the Street Oversizing Capital Improvement Expansion Fee to this chapter. The appeals section has been changed from first reading to state that only the City Manager (and not the City Engineer) will hear appeals. A new Section 7.5-32 has been added to impose the Street Oversizing Capital Improvement Expansion Fee and to describe the manner in which it will be calculated. It is this section which changes the way in which the Street Oversizing Fee is calculated. Nearly all of the other changes to these chapters were made either to accommodate this particular change or to separate out the imposition of the fee (in Chapter 7.5) from the administration of the street oversizing program (in Chapter 24). " Deputy City Manager Diane Jones gave a brief staff presentation on this item. Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 38, 1998, on Second Reading. 371 March 17, 1998 Councilmember Smith thanked staff and the Transportation Funding Advisory Committee for its efforts on this item, and briefly spoke of the costs of constructing arterial streets The vote on Councilmember Warmer's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to the Adoption of the Fossil Creek Reservoir Area Plan as an Element of the City's Comprehensive Plan, Amendments to the Intergovernmental Agreement for the Fort Collins Urban Growth Area, and Changes to City Plan Principles and Policies, City Plan Structure Plan and the City's Master Street Plan Adopted The following is staff's memorandum on this item. "Executive Summary A. Resolution 98-54 Adopting the Fossil Creek Reservoir Area Plan as an Element of the Comprehensive Plan of the City of Fort Collins. B. Resolution 98-55 Authorizing the Mayor to Enter into an Intergovernmental Agreement Between the City and Lorimer County, Colorado, for the Fort Collins Urban Growth Area for the Purpose of Amending the Same as it was Last Adopted on September 7, 1988. C. Resolution 98-56 Amending Policy GM-2.1 "Annexation Policies" of the City Plan Principles and Policies. D. Resolution 98-57 Amending the City Plan Structure Plan Map. E. Resolution 98-58 Amending the City's Master Street Plan Map. Since the summer of 1996, the City of Fort Collins and Larimer County have been engaged in a joint planning process to develop the Fossil Creek ReservoirArea Plan, a subarea plan for the properties generally west of I-25 and south and east of the current UGA boundary. The Plan has been developed in consultation with area residents, property owners, Special District representatives, organizations, and others interested in the future of this area. It includes proposals to allow for development at urban densities close to or within an expanded Fort Collins Urban Growth Area and preservation of open land in the southern portion of the area adjacent to the Fossil Creek Reservoir. The Plan calls for certain amendments to the UGA Agreement and requires other changes to be made in City Plan for the sake of consistency between planning documents. The proposed resolutions for Council's consideration provide for the adoption of the Fossil Creek Reservoir Area Plan as an element of City's Comprehensive Plan, and making amendments to the Intergovernmental Agreement for the Fort Collins Urban Growth Area and changes to City Plan Structure Plan and Principles and Policies and the City's Master Street Plan. 372 March 17, 1998 BACKGROUND: A. The Fossil Creek Reservoir Area Plan Principle LU-4 of the City Plan Principles and Policies document identifies that more specific subarea planning will follow adoption, and one of the priority subareas is the Fossil Creek Reservoir Area. The recently adopted Larimer County PLUS Master Plan has also identified that this is an important area in need of more detailed planning. In addition, both entities have desired to further implement the Plan for the Region Between Fort Collins and Loveland (the Corridor Plan). During the summer of 1996, the City and County initiated the planning process for developing a plan far the Fossil Creek area. The Fossil Creek Reservoir Area Plan is the result of a cooperative effort between the City of Fort Collins and Larimer County. More specifically, the objectives of the Fossil Creek Reservoir Area Plan are: • To outline a vision for long-range and resource -based development within the Fossil Creek Reservoir Area that reflects the aspirations of the community and a strategy for accomplishing that vision. • To provide a basis for judging whether specific development proposals and public projects are in harmony with Plan policies and resource -based standards. • To allow County and City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize hazards. • To provide for continuing consultation between Larimer County and the City of Fort Collins on policies and standards that are within each governmental body's jurisdiction. The Plan has been developed in consultation with area residents, property owners, Special District representatives, organizations, and others interested in the future of this area. It includes proposals to allow for development at urban densities and standards within an expanded Fort Collins Urban Growth Area (UGA) and preservation of open land in the southern portion of the area. Although the densities allowed by current County zoning form the framework for the land development mechanisms used in the Plan, there is a clear distinction between the northern and southern portions of the area with regard to assumed future densities and development type; these assumptions shaped the application of City and County policies to this Plan. Close to Fort Collins, where the land is designated for urban residential densities, the City's policies and standards acted as the basis for the Fossil Creek Reservoir Area Plan provisions. In the southern portion of the area, shared by both the City of Fort Collins and Lorimer County, the goal is to provide a transition of densities from urban to rural moving south towards Fossil Creek Reservoir, and preserving important natural resource areas. 373 March 17, 1998 Relation to Other Plans Although, prior to this effort, little site -specific planning has occurredfor the Fossil Creek Reservoir area itself, there area number of public plans that address issues related to development in the area. The Fossil Creek Reservoir Area Plan is intended to be consistent with and support implementation of these plans, including: • The Larimer County PLUS Master Plan, which was recently adopted, and which identifies strategies for open space and agricultural land protection on a county -wide level, balancing these environmental concerns with property rights considerations; • Fort Collins City Plan, which calls for compact, mixed -use development at the city's edges, promotes the creation of walkable and more livable urban environments, and which identifies important natural resource areas for protection around the Fossil Creek Reservoir; • The Harmony Corridor Plan, which envisions development of a major employment center just north of the Fossil Creek area, expanding the need and market for residential and mixed -use development in the area; • The Plan for the Region between Fort Collins and Loveland (the "Corridor Plan"), which designates land to be protected as open space, maintaining a permanent separation between Fort Collins and Loveland, and encompassing the Fossil Creek Reservoir Area; and • City and special districtplansforparks, schools and other communilyfacilities, particularly in the southeastern portion of the city. Land Use Framework Plan The Fossil Creek Reservoir Area includes over 5, 000 acres of land, nearly all of which is currently outside the City of'Fort Collins UGA. While most of the land in the planning area is privately owned, there are substantial public and water and irrigation district ownerships, including the Reservoir, the State Land Board's parcel south of the Reservoir, the sewage treatment plan site and the city -owned wetlands west of Timberline Road. Existing County zoning north of the Reservoir is predominantly the FA -I Farming District, while much of the land south of the Reservoir is in the AP Airport District. Isolated parcels of County Multi family, Residential, Commercial, and Tourist zoning also exist south and east of the Reservoir. The Land Use framework Plan identifies three future urban mixed -use residential areas. Mixed -Use Neighborhoods: (Minimum average of 5 units per acre). Lands north of County Road 36 and West of timberline Road Mixed -Use Neighborhoods: (Minimum average of 3 units per acre) 374 March 17, 1998 South of County Road 36 and East of Timberline Road Estate Residential: (Density range between 0.5 - 2 units per acre). Existing large lot subdivisions within the Plan area are designated as future "Estate Residential ". Rural Residential land uses (1 unit to 2 to 2.29 acres) are planned on the south portion and include FA -I and Airport Zoning Districts which will be reviewed under existing County regulations. The need for mobility and access in the Fossil Creek area is inextricably connected to citywide transportation systems. Consistent with the City of Fort Collins Master Street Plan and street standards, a transportation network of existing and proposed streets, transit routes, and bikeways are incorporated into the Plan. The Plan also identifies City -owned natural areas and environmental assessment of the area. A Resource ManagementArea is identified within a 114 mile area around the Fossil Creek Reservoir, which triggers an environmental assessment of a proposed development along with identifying a range of tools used far establishing a buffer within this area. A proposed regional park south of the reservoir is proposed including passive use adjacent to the reservoir and active use south of County Road 32. Plan Implementation Concurrent with Plan adoption by both Larimer County and the City of Fort Collins elected officials, implementation action items will also be adopted, including: Expanding the Fort Collins Community Growth ManagementArea Boundary into the Fossil Creek Reservoir Area including extension of the UGA Overlay Zoning District. Establishing a Fort Collins Cooperative Planning Area South of the Fossil Creek Reservoir Incorporating new urban design and development standards in the Intergovernmental Agreement between Larimer County and the city of Fort Collins (Appendix I) Amending the Fort Collins City Structure Plan, and the Master Street Plan to bring these documents in conformance with the Fossil Creek Reservoir Area Plan. The planning effort for the Fossil Creek Reservoir Area began in the Spring of 1996 when the Fort Collins City Council invited Larimer County to cooperate in planning for this area. The County's Planning Department and City Staff have cooperated in this planning effort. Letters announcing the study were sent by the County and the City to property owners, residents, special interest groups and others who have expressed concern about the future of the Fossil Creek Reservoir Area. Public open house and joint study session meetings have been incorporated into the planning process (See attached Planning Process Diary). 375 March 17, 1998 In addition, stafffrom the County and City met individually with many property owners in the Fossil Creek Reservoir Area to review Plan modifications and refinements. A technical committee, composed of City and County staff, met frequently during the study. A joint committee of elected officials from the City Council Growth Management Committee, Fort Collins Planning and Zoning Board, Board of County Commissioners, and the Lorimer County Planning Commission also met periodically to review progress on the study and provide policy direction. Recommended Changes to the Fossil Creek Reservoir Area Plan The proposed Fossil Creek Reservoir Area Plan document being reviewed for adoption is dated January 27, 1998. It is attached to Resolution 98-54 as Exhibit "A. " No revisions to this version have been made. Instead, both County and City staff developed responses to public comments and presented those responses, including recommended changes/or no changes to this document, to all of the appointed and elected officials during the joint study sessions held on March 2 and 4, 1998. The recommended changes to the Plan document were agreed upon by the elected officials during the Joint Study Session on March 4, and during the Fort Collins Planning and Zoning Board hearing, March 5, 1998. If Council adopts that Resolution, the list of recommended changes are attached as Exhibit "B" to Resolution 98-54. These changes will be incorporated into a final Plan document for publication after the adoption hearing. B. Amendments to the Intergovernmental Agreement for the Fort Collins Urban Growth Area The City of Fort Collins updated its Comprehensive Plan (March, 1997), known, in part, as City Plan, to provide a vision and guidance for growth and development of the community for the next twenty years. Policy GM- 1.5 states that the City shall work with Larimer County to pursue a revised Intergovernmental Agreement (IGA) and that the revised IGA shall take into consideration the following objectives: institute a consistent and coordinated system of fees and standards for development located inside and outside the Community Growth Management Area; incorporate the Cooperative Planning Area and Community Influence Area concept; add 'future " urbanized area development standards; revise development criteria for projects within the Community Growth ManagementArea boundary to be in conformance with City Plan standards; and tighten restrictions on growth outside the Community Growth Management Area boundary. Larimer County recently adopted an update to its Comprehensive Plan (November, 1997) referred to as the PLUS Master Plan. In this document a similar policy identifies the need for an update to the IGA. Both the City and County have acknowledged that certain amendments are necessary on an interim basis to maintain the integrity of the existing agreement and to help the agreement better conform to evolving land use and growth management philosophies. The existing UGA Agreement is dated, having had its last revisions in 1988, ten years ago. When the original agreement was developed in 1980, periodic updates were anticipated every two years. While the UGA Agreement continues to provide a useful tool to both the City and the County, certain 376 March 17, 1998 amendments are needed on an interim basis until a newly revised agreement can be completed. This is scheduled for the end of 1998. The one-year Work Program for the amendments to the IGA between Fort Collins and Larimer County establishes an action plan divided into 3-6-9-12 month increments for implementation. The .first three-month segment is included in this adoption package including amendments to the IGA for the Urban Growth Area regarding annexations, large retail establishments (Appendix H), and the Fossil Creek Reservoir Area Plan regulations (Appendix I). The IGA amendments are proposed with the understanding that the existing Intergovernmental Agreement for the Fort Collins Urban Growth Area document provides the basic organizational structure for the amendments. Thus, the amendments must, somehow, fit into the current structure of the agreement. The proposed amendments also only specifically deal with the issues listed below. No attempt has been made to "correct" or "update" other parts of the agreement at this time, although such actions are expected to occur in the future. The IGA issues addressed in this segment include: Amendments to the existing IGA one -sixth contiguity requirements to permit annexations with any contiguity. 2. Mutually acceptable maintenance policy for streetscapes, transit and certain other improvements. 3. Mutually acceptable Large Retail Establishments (Big Box) Standards. 4. Mutually acceptable development standards for the Fossil Creek Reservoir Area. 1. Revised annexation policy (body of IGA Agreement) The City and County agree that the City will consider annexation of any property which has any contiguity to the City. This is a change in that the current IGA says that the City will consider annexation of any property which has at least one -sixth contiguity. In the past, the County has accepted development applications for properties with less than one -sixth contiguity. The change would require such properties to be annexed before they may be developed. The City can utilize its ability to process consecutive, sequential annexations in order to bring the property into the City limits. 2. Mutually acceptable Policy for maintenance for streetscapes transit and certain other improvements (IGAAereement): Within the Fossil Creek Reservoir Area identified in the Plan and proposed UGA, the City agrees to provide routine maintenance for such infrastructure improvements (whether on or off the development site) which would not have been required by any other applicable County regulations. 377 March 17, 1998 Examples of such improvements may include transit facilities, bicycle lanes, or parkway/median landscaping. 3. Laree retail establishment standards (Appendix H) In early 1995 the City sponsored a public process to study the phenomenon of "superstore" retail development, and to develop policies and standards to address the issues associated with this type of development. The City and County have since agreed that it is importantfor any such development within the Urban Growth Area to be subject to the City's standards. This acknowledges the significant role and impacts of such development as a visual and functional part of the community regardless of City Limits; and it prevents the awkward situation of a developer being able to choose between locations in the community in order to simply avoid meeting the standards. This also acknowledges the long standing intention for development occurring within the UGA to be consistent with City standards to allow for eventual annexation into the City without major physical deficiencies relative to City standards. The City's standards have been incorporated into these proposed amendments to the IGA as "Appendix H". In reaching mutual agreement, one minor revision to the City's standards was made at the request of the County: the standard requiring entrances on up to two sides of a building which face public streets was restated to encourage but not reauire such multiple entrances. (See Appendix H, A. 2. c. (1)). 4. Development standards for Fossil Creek Reservoir Area (Appendix I) The development standards for the Fossil Creek Area represent City/County mutually acceptable standards for: Landscaping, Access, Circulation and Parking, Site Lighting, Natural Areas and Features, Streets, Streetscapes, Alleys, and Easements, Street Pattern and Connectivity, Transportation Level of Services, Transit Facilities, Supplemental regulations, Estate Residential and Mixed -Use Neighborhoods standards (See attached Land Use Code comparison of City standards and the proposed development standards for the Fossil Creek Reservoir Area as part of the amendments for the IGA). C. Changes to Policy GM-2.1 Annexation Policies of the City Plan Principles and Policies document. With the passage of Resolution 98-55, adopting amendments to the UGA Agreement, changes are necessary to Policy GM-2.1 Annexation Policies of the City Plan Principles and Policies document. Also, due to the adoption of Resolution 98-54, making the Fossil Creek Reservoir Area Plan an official element of the City's Comprehensive Plan, specific amendments need to be made to the City Structure Plan map and the City's Master Street Plan map. 378 March 17, 1998 During the process to develop amendments to the Intergovernmental Agreementfor the Fort Collins Urban Growth Area, specific direction was given by the City Council and County Commissioners in regard to two points: 1) the City and County should require the annexation of'property within the UGA boundary which has any contiguity to the City limits; and 2) the City should consider annexation of developed land having substandard infrastructure, but make it clear that the City would not accept maintenance/reconstruction responsibility of substandard infrastructure until such time as the facilities were upgraded (or mechanisms were in place to upgrade such facilities). With the adoption of Resolution 98-55, adopting amendments to the UGA Agreement, the following changes are necessary to Policy GM-2.1 Annexation Policies of the City Plan Principles and Policies document: o Annexation of county enclaves. The' Ctty will°pursue anmexation of -Vvacant/undeveloped land included in a county enclave (i.e. an area completely surrounded by property already in the City) will be annrxed-within one year after such enclave becominges eligible for involuntary annexation. o Infrastructure standards. Developed land, or areas seeking voluntary annexation, must have their infrastructure improved (e.g., streets, utilities and storm drainage systems) to City standards, or must have a mechanism (e.g. a special improvement district, capital improvements program, etc.) in place to upgrade such services and facilities to City standards before the City will assume full D. Changes to the City Structure Plan Map. Due to the adoption of Resolution 98-54, making the Fossil Creek Reservoir Area Plan an official element of the City's Comprehensive Plan, specific amendments need to be made to the City Structure Plan map. In summary the changes are as follows (see Proposed Structure Plan map for exact locations): o Designation of Urban Estate and Low -Density Mixed- Use Neighborhood boundaries and the Rural/Open Lands and Stream Corridors to be consistent with the boundaries in the "Fossil Creek Reservoir Area Plan. " 379 March 17, 1998 o Realignment of the Green Stream corridor approximately one -quarter mile to the north from the Mail Creek Ditch to the Natural Stream corridor near County Road 36. Realignment of the proposed Feeder Transit corridor approximately one-half mile to the north. E. Changes to the City's Master Street Plan Map. Also due to the adoption of the Fossil Creek Reservoir Area Plan, specific amendments need to be made to the City's Master Street Plan map. In summary the changes are as follows (see Proposed Master Street Plan map for exact locations): o Addition of several collector streets both north and south of County Road 36 within the study area o Reclassification of County Road 9 from a minor arterial to a collector south of County Road 36. o Upgrading of County Road 7 from a collector street to a minor arterial north of County Road 36 and elimination of the collector designation for County Road 7 south of County Road 36. o Addition of a collector Street (frontage road) parallel and adjacent to the west side of I-25. o Reclassification of Timberline Road from an arterial to a minor arterial south of Trilby Road. o Upgrading of Lemay Avenue from a minor arterial to an arterial between County Roads 30 and 32. STAFF RECOMMENDATION: Staff recommends adoption of the Fossil Creek Reservoir Area Plan as an element of City's Comprehensive Plan, and adoption of the amendments to the Intergovernmental Agreement for the Fort Collins Urban Growth Area and the changes to the City Plan Structure Plan and Principles and Policies, and the City's Master Street Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, on March 5, 1998, conducted a public hearing and voted 6-0 to recommend approval adoption of the Fossil Creek Reservoir Area Plan as an element of City's Comprehensive Plan, and adoption of the amendments to the Intergovernmental Agreement, for the :1 March 17, 1998 Fort Collins Urban Growth Area and the changes to the City Plan Structure Plan and Principles and Policies and the City's Master Street Plan. " City Planner.Pete Wray gave the staff presentation on this item and outlined the Plan. He gave a brief overview of the Resolutions for Council consideration. He stated this item also includes amendments to the Intergovernmental Agreement to the Urban Growth Area. He stated the changes were as follows: Changes to the 116 contiguity requirements; mutually acceptable maintenance policies for street facilities, i.e., parkway and median landscaping, transit stations, bikelanes and other improvements; Big Box Standards; urban development standards for the Fossil Creek Reservoir area; and definitions. Councilmember Mason made a motion, seconded by Councilmember Smith, to adopt Resolution 98- 54. Jerry Peltz, 816 Oxford Lane, stated he believed the success of the Plan hinged on TDR's (transferable development rights) and recommended an integrated approach to natural area purchases. Lois Peltz, 816 Oxford Lane, spoke in support of the motion. Doug Hansen, 721 Mathews, speaking on behalf of his parents residing at 6029 County Road #11, supported adoption of the Resolution and urged Council to accept the recommendation of the Latimer County Planning Commission and the City's Planning and Zoning Board. Kelly Ohlson, 2040 Bennington Circle, stated citizens did not receive adequate notification to be able to participate in the process. He requested Council table the proposals until the County Commissioners reveiwed it and additional citizen participation has been completed. Russ Legg clarified the Latimer County Planning Commission is recommending to the County Commissioners that the vesting time be extended and clarified the previously mentioned park fees relates to Larimer County's park fees, not the City's. He stated the Commission is working with the City and the developer to solve the stormwater drainage issues. Director of Advanced Planning Joe Frank clarified if the item is adopted, the "property" would be in the City's urban growth area boundaries by April 6. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution 98-55. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 381 March 17, 1998 THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Kneeland, to adopt Resolution 98-56. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-57. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-58. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Public Hearing to Consider Service Plan Submitted for Richard's Lake Metropolitan District Held The following is staff's memorandum on this item. "Executive Summary Several months ago City staff was approached by the applicant to discuss the merits and feasibility of a Metropolitan District for the Richard's Lake proposal. Although staff has discussed this proposal, a recommendation has not yet been developed. That recommendation will be presented to Council at its regularly scheduled meeting on April 7, 1998. The applicant for the Richard's Lake proposal intends to utilize the metropolitan district method of aiding in financing infrastructure requirements required for development approval. Metropolitan districts may be organized as special districts under State law,for the purpose of providing inhabitants within the district with two or more of certain kinds of public improvements and services including, parks and recreational facilities, street improvements and sanitation services. State law permits such metropolitan districts to be organized and established within the boundaries of the City under certain conditions. The kinds of improvements that would be made through this proposed district would be street improvements, and stormwater facilities. In order to establish a metropolitan district within the boundaries of the City, the City Council is required by State law to first approve the "service plan" 382 March 17, 1998 proposed for the district. When presented with such a service plan, the Council must consider whether to adopt a resolution. Disapproving the service plan; Approving the service plan without any conditions; or Approving the service plan with conditions. It should be noted that if the Council approves the service plan with conditions, such conditions may include requiring the proponents of the district to submit additional information relating to the proposed service plan or requiring the proponents to modify the service plan in one or more respects. In considering the service plan, State law requires the Council to disapprove the service plan unless evidence satisfactory to the Council for each of the following is present: There is sufficient existing and projected need for organized service in the area to be served by the district; The existing service in the area to be served by the district is inadequate for present and projected needs; The district is capable of providing economical and sufficient service to the area to be served; and The area to be served by the district has, or will have, the financial ability to discharge the district's proposed indebtedness on a reasonable basis. At this Council meeting, the proceedings with regard to the proposed special district will be limited to the public hearing. A proposed resolution will then be presented for Council's consideration at its next regular meeting on April 7, 1998. If, at that time, after considering the evidence at the public hearing and staff's recommendation, the Council concludes that all four of the criteria listed above have been met by the service plan, the Council should approve the service plan. If; however, Council has concerns about whether all of the above criteria have been satisfied, the Council may either disapprove the service plan or approve it with conditions. The conditions which might be imposed upon any such conditional approval should be specific in either: (1) requiring the submittal of additional information relating to any of the criteria above that have not been satisfied, or (2) requiring the proponents of the service plan to modify it so that all four of the criteria listed above have been satisfied by the evidence presented. " City Manager John Fischbach briefly explained the purpose for the hearing and the process for the holding the hearing. 383 March 17. 1998 Scott Price, Developer of the Richard's Lake PUD, introduced his attorney, Gary White, and stated they were available to answer Council questions regarding the proposal. Gary White, attorney representing the developer, gave a brief overview of the proposed Service Plan and clarified notice of the public hearing was been advertised in local newspapers and mailings were sent out to residents, property owners and taxing jurisdictions as required under state law. He spoke of the advantages of a Metropolitan District, noting the District's are independent from the City and the debt issued would only be the debt of the district, subject to no recourse by the City. He spoke of how cash flow bonds would be issued and the success of the bonds. White responded to Council questions and clarified the entire property would eventually be developed as a metropolitan district to be completed in phases. He stated the plan received Planning and Zoning Board approval under the LDGS. Councilmember Smith questioned if development under M etropolitan District exempts them from all fees and property tax costs levied under the City. City Manager John Fischbach stated he believed that it would, and that those issues would be addressed in future briefings. White stated roadways would be dedicated to the City after the expiration of the applicable warranty period and the District would be responsible for seeing that the streets are constructed to standards and maintained during the warranty timeframe. He stated drainage facilities as well as operating costs would be retained by the District and would also be maintained to City standards. He emphasized the City would not be at risk MI March 17, 1998 Resolution 98-50 Aimrovine the Air Ouality Action Plan Update for 1999 Adopted The following is staff's memorandum on this item. "Financial Impact Recommendations are consistent with financial resources approved in the 1998 - 1999 budget. Executive Summary The proposed Air Quality Action Plan update is a set of actions to continue implementation of the Air Quality Policy Plan (AQPP), an element of the Comprehensive Plan originally adopted in 1993, and restated in the City Plan Principles and Policies generally as Principle ENV-], and specifically as Policy ENV- 1.1. Adopting this Resolution would complete the second review and redirection oj' the City's air quality programs, as called for in the AQPP. This one year update will bring the Action Plan review cycle in sync with the two year budget cycle. Once approved by City Council, the Action Plan becomes the basis for the staff work program and budget recommendations. BACKGROUND: Over the past year, staff and the Air Quality Advisory Board drafted the Air Quality Action Plan update, containing strategies for the year 1999, to meet the objectives of the AQPP. Staff and the Air Quality Advisory Board have revised the draftAction Plan update in response to comments.from the Transportation and Current Planning departments, and from the Planning and Zoning Board, the Natural Resources Advisory Board and the Transportation Board. No additional public outreach was done for this Action Plan update, due to the short review period. The recommendations of the Air Quality Advisory Board, the Planning and Zoning Board and the Transportation Board are all in support of adoption of the 1999 Air Quality Action Plan and are attached to this agenda item summary. The recommendation of the Natural Resources Advisory Board is expected to also support adoption and will be provided under separate cover on March 17. Members of the Air Quality Advisory Board and the Natural Resources Advisory Board have expressed concern about the accuracy of the population projection that underlie projected vehicle miles of travel and, hence, projected vehicle emissions. In response, the Plan has been amended to add a review of population trends and population projection methods, to be carried out by staff in conjunction with members of interested Council Boards. This one year update proposes a few minor changes from the 1996 - 1998 Action Plan, including the following: Transportation and Land Use PlanninQ. Staffwill evaluate progress toward goals described in the Regional Transportation Plan, the Congestion Management Plan, the Transportation cIm March 17, 1998 Master Plan, the Transportation Demand Management program, the Transit Development Plan, the Bicycle Plan, the Pedestrian Plan and City Plan. 2. Emissions Inspection and Maintenance. The City will promote at the local and State level recommendations for a future IIM program that best supports City air quality goals. 3. Residential Wood Burning Emissions. Staff will implement the ZILCHZero Interest Loans for Conservation Help) loan program, which will be restructured in 1998 to.focus on radon mitigation. 4. Indoor Air Ouality. The Indoor Air Quality Action Plan includes new strategies to reduce exposure to indoor air pollutants, including: conducting workshops for the general public dealing with both indoor and outdoor pollution, and the establishment of a liaison with the State health department and the Lorimer County Department of Health and Environment. 5. Cities for Climate Protection. Staff will implement the action plan, which will be completed in 1998, to reduce emissions of greenhouse gases such as carbon dioxide. Staff anticipates that an Air Quality Action Plan for 2000 to 2001 will be presented to the Council for consideration in March 1999. Environmental Planner Brian Woodruff gave a brief staff presentation on this item and spoke of issues regarding increase of vehicle miles travelled. He stated the Plan would track the progress and effect of City Plan and the Master Transportation Plan on vehicle miles travelled. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-50. Woodruff responded to Council questions regarding amendments to the Plan regarding population transit projections. He clarified that attainment issues were addressed in the Action Plan and Council would be receiving staff and the Air Quality Advisory Board's recommendation very soon. Councilmember Bertschy reported that he had attended the NRAB's meeting in which the issue was discussed and assured Councilmembers that the Board spent a good deal of time going over all points of the Plan. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. :. March 17, 7998 OTHER BUSINESS Ordinance No. 49,1998 of the Council of the City of Fort Collins Authorizing the Conveyance of a Portion of Block 31 in Fort Collins to Larimer County Adopted on First Reading City Manager John Fischbach gave a brief staff presentation on this item City Attorney Steve Roy read the Ordinance into the record. City Manager John Fischbach clarified the Intergovernmental Agreement would be available on Second Reading of the Ordinance and clarified the management of the Civic Center Park would be addressed in the IGA. He stated the County would be responsible for construction of the park and the City has agreed to operate and maintain the park. Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 49, 1998 on First Reading. Larimer County Commissioner Frank Lancaster, thanked Council for considering this item and stated he believed the project would be a good addition for the downtown area. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None, THE MOTION CARRIED. Councilmember Wanner requested that staff prepare a Resolution for consideration regarding Ordinance No. 29, 1997. He requested clarification regarding the background and intent of the Ordinance and to clarify Council's intent regarding the use of the funds that have been received. He spoke of the need for Council to reaffirm its intent of how the overages would be used. Councilmember Byrne requested staff address issues regarding the need for aggressiveness in acquiring natural areas. 387 The meeting adjourned at 9:45 p.m. City Clerk Adjournment March 17, 1998 388