HomeMy WebLinkAboutMINUTES-05/18/1999-RegularMay 18,1999
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, May 18, 1999,
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: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and
Weitkunat.
Staff Members Present: Fischbach, Harris, Roy.
Citizen Participation
Kelly Ohlson, 2040 Bennington Circle, spoke regarding the number of housing starts under City
Plan, misconceptions regarding the impact of City Plan, and suggested making the City a growth
neutral organization.
Citizen Participation Follow-up
Councilmember Byrne stated that growth management is a regional problem and that the City has
taken a leadership position in dealing with growth. He highlighted actions that have been taken and
are proposed to deal with growth issues.
Councilmember Mason stated that the Master Street Plan is scheduled for discussion on this agenda
and noted the deficit for street improvements needed to accommodate the growth currently being
experienced by the City.
Agenda Review
City Manager Fischbach stated that item #33 Second Reading of Ordinance No. 56, 1999,
Authorizing the Mayor to Execute a Deed of Conveyance for the Sale of a 3.726-Acre Parcel Near
the Intersection of East Prospect and Timberline Roads has been removed from the agenda because
the purchase offer has been withdrawn.
Councilmember Weitkunat withdrew item #25 Resolution 99-55 Adopting the Recommendation of
the Cultural Resources Board Regarding Fort Fund Disbursements from the Consent Calendar.
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CONSENT CALENDAR
Consideration and approval of the minutes of the adjourned meeting of April 20 1999 and
the regular meeting minutes of April 20, 1999.
8. Second Reading of Ordinance No. 71, 1999, Appropriating Unanticipated Revenue in the
Capital Projects Fund to Be Used for the Gateway Mountain Park Access Road Project
Gateway Mountain Park is a 400-acre site located five miles up the Poudre Canyon. The site
is owned by the City of Fort Collins and was previously the City's Water Treatment Plant.
The City Council has provided direction to make this property accessible to the public.
Ordinance No. 71, 1999, which was unanimously adopted on First Reading on May 4, 1999,
appropriates additional funds from the Colorado Department of Transportation for the
Gateway Mountain Park Access Road Project.
9. Second Reading of Ordinance No. 72, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Aimort to Lon Carlson for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with Lon Carlson,
for the construction of an aircraft hangar. Lon Carlson will construct a hangar that will
provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities. Ordinance No. 72, 1999, was
unanimously adopted on First Reading on May 4, 1999.
10. Second Reading of Ordinance No. 73, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Donald R. Eller for the Construction of
an Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with Donald R.
Eller, for the construction of an aircraft hangar. Donald R. Eller will construct a hangar that
will provide at least 2,500 square feet of aircraft storage space. At the expiration of the lease,
the improvements revert to the ownership of the Cities. Ordinance No. 73, 1999, was
unanimously adopted on First Reading on May 4, 1999.
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May 18, 1999
11. Second Reading of Ordinance No. 74, 1999, Authorizing the Lone -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to James Grubbs for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease ofproperty with James Grubbs,
for the construction of an aircraft hangar. James Grubbs will construct a hangar that will
provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease, the
improvements revert to the ownership of the Cities. Ordinance No. 74, 1999, was
unanimously adopted on First Reading on May 4, 1999.
12. Second Reading of Ordinance No. 75, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Mike S. Hoffman for the Construction of
an Aircraft Hangar. (Hanger Site A)
The Airport Manager has negotiated a twenty-five year lease of property with Mike S.
Hoffinan, for the construction of an aircraft hangar. Mike S. Hoffinan will construct a hangar
that will provide at least 2,500 square feet of aircraft storage space. At the expiration of the
lease, the improvements revert to the ownership of the Cities. Ordinance No. 75, 1999, was
unanimously adopted on First Reading on May 4, 1999.
13. Second Reading of Ordinance No. 76, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Aimort to Mike S. Hoffinan for the Construction of
an Aircraft Hangar. (Hanger Site B)
The Airport Manager has negotiated a twenty-five year lease of property with Mike S.
Hoffman, for the construction of an aircraft hangar. Mike S. Hoffinan will construct a hangar
that will provide at least 2,500 square feet of aircraft storage space. At the expiration of the
lease, the improvements revert to the ownership of the Cities. Ordinance No. 76, 1999, was
unanimously adopted on First Reading on May 4, 1999.
14. Second Reading of Ordinance No. 77, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to David F. Klink for the Construction of an
Aircraft Hangar.
The Airport Manager has negotiated a twenty-five year lease of property with David F.
Klink, for the construction of an aircraft hangar. David F. Klink will construct a hangar that
will provide at least 2,000 square feet of aircraft storage space. At the expiration of the lease,
the improvements revert to the ownership of the Cities. Ordinance No. 77, 1999, was
unanimously adopted on First Reading on May 4, 1999.
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May 18, 1999
15. Second Reading of Ordinance No. 78, 1999 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Mountain Vista Subarea Plan Rezoning.
On March 16, 1999 City Council adopted the Mountain Vista Subarea Plan, as an element
of City Plan, including the following key Plan components: Vision and Goals, Framework
Plan, Transportation, and Principles and Policies. In addition, certain implementation
recommendations were adopted at this Hearing including an amendment to the City Structure
Plan Map, Master Street Plan Map, and Parks and Recreation Policy Plan Map. Rezoning
of the subarea was deferred until May to allow for notification of affected property owners.
Ordinance No. 78, 1999, was unanimously adopted on First Reading on May 4, 1999.
16. Second Reading Ordinance No. 79, 1999, Amending Ordinance No. 95, 1992 to Include
Those Portions of the Street Railway Car Barn/Trollev Barn not Currently Designated in the
Historic Landmark Designation Pursuant to Chapter 14 of the City Code
The main section of the Street Railway Car Barn and a portion of the South Addition were
designated as a Local Landmark by Ordinance No. 95, 1992; however, approximately three-
quarters of this addition was situated on land then owned by the railroad, and therefore was
not included in the designation. Since that time the City has purchased this land. Ordinance
No. 79, 1999, was unanimously adopted on First Reading on May 4, 1999 to include those
portions of the street railway car barn that had not be designated.
Also, a second addition, located on the north side of the Car Barn, was intended to be
included in the original designation. Staff has since discovered that there is a question as to
whether the legal description accompanying the original designation included this portion
of the building. Facilities Services is therefore requesting that this North Addition be
included in the amended designation, to reconcile the legal description to that intended.
17. Emergency Ordinance No. 80, 1999, Appropriating Bond Proceeds in the Water Fund
On May 4, 1999, the Council, sitting as the Board of the Enterprise, approved the proposed
bond issue on second reading. However, Enterprise the Ordinance as adopted on first
reading had not been published as required by the City Charter and Code. The Colorado
Water Resources and Power Development Authority is scheduled to close the final
transaction on May 20, 1999. There are several other municipalities involved in the
Authority's transaction and the City would have to drop out of the transaction if the
Enterprise Ordinance is not adopted by the Enterprise Board. Therefore, the Enterprise
Ordinance is again being presented to the Enterprise Board, this time as an emergency
ordinance. This Emergency Ordinance No. 80, 1999, is recommended for passage by the
Council to appropriate the proceeds of the bonds. Time is of the essence with regard to this
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May 18, 1999
Ordinance because of pending contracts that require immediate approval for the funding of
additional improvements related to the project. Approval by Council will avoid delays in the
timely completion of the project improvements.
18. First Reading of Ordinance No. 81, 1999, Appropriating Proceeds from the Issuance of City
of Fort Collins, Colorado, Stormwater Utility Entemrise, Storm Drainage Revenue Bonds,
Series 1999, Dated June 1, 1999, in the Aggregate Principal Amount of $20,060,000, and
Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt Service.
The Board of the Stormwater Utility Enterprise will be considering an Ordinance later during
tonight's Council Meeting to consider the issuance of City of Fort Collins, Colorado,
Stormwater Utility Enterprise, Storm Drainage Revenue Bonds, Series 1999, Dated June 1,
1999, in the Aggregate Principal Amount of $20,060,000. Authorizing the issuance of the
bonds and appropriating the proceeds are both necessary to complete the bond transaction.
19. First Reading of Ordinance No. 82, 1999, Authorizingthe he Mayor to Execute a Quit Claim
Deed Dedicating to the Colorado Department of Transportation Certain Portions of the
AccessRi is -of -way on Harmony Road AdiacenttoHarmonyTechnology Park First Filing.
This Ordinance will dedicate additional right-of-way to the Colorado Department of
Transportation for access right-of-way for future widening of the south side of State Highway
68 (Harmony Road) from County Road 9 east to Cambridge Drive. This new right-of-way
is in addition to that dedicated with the Harmony Technology Park First Filing Plat.
20. First Reading of Ordinance No. 83,1999, Appropriating Prior Year Reserves in the General
Employees' Retirement Fund.
In 1998 General Employees Retirement Plan (the "GER Plan") members were asked to elect
whether they would like to transfer their defined benefit plan balance in the GER Plan to a
money purchase plan. Of 800 active GER Plan members, 368 elected to convert from the
GER Plan to the Money Purchase Plan. Employees hired in 1998 were not eligible to make
the election to convert because they had not been employed by the City for at least six
months. The General Employees Retirement Committee has now set up a conversion option
for the 72 employees hired in 1998.
This Ordinance authorizes a $400,000 appropriation to accommodate separated vested
employees who have elected to take single sum payments from the GER Plan, thus
terminating their membership in the GER Plan. The Ordinance also authorizes a $250,000
appropriation for the employees hired in 1998 who have elected to convert their GER Plan
benefits to the ICMA Money Purchase Plan.
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May 18, 1999
21. First Reading of Ordinance No. 84, 1999, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor
Activities and for Cultural Development and Programming Activities
This Ordinance appropriates 1998 lodging tax receipts dedicated to the Convention and
Visitors Bureau, Cultural Development and Programming (CDP), Visitor Events, and
Tourism Capital. In addition, it appropriates unexpended 1998 appropriations for CDP and
visitor events, and revenue received for CDP in 1998 and 1999 for use in the specified
programs. The following information explains each of these funding sources.
Lodging tax revenue for 1998 was estimated to be $459,673, while the actual receipts totaled
$528,797. The 1999 budget appropriated the estimated 1998 receipts of $459,673. The
additional 1998 lodging tax receipts in the amount of $69,124 have not been appropriated.
In accordance with City Code Section 25-244, 75% of the total receipts are to be used for
the promotion of convention and visitor activities, and 25% for cultural development and
programming (CDP) activities. In accordance with the City's contract for services with the
Convention and Visitors Bureau (CVB) for 1996, the City's 1996 payment to CVB was set
at $250,000, with annual increases at a rate not to exceed the prevailing rate of inflation as
established by the Denver -Boulder Consumer Price Index.
22. First Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for
Public Highway to Improve Access to the Larimer County Landfill.
Larimer County plans to construct anew access to the Landfill approximately 700 feet south
of the existing access. In conjunction with the project, additional right-of-way is needed to
accommodate safety improvements in the form of turn lanes and wider shoulders. Some of
the property included in the project (1.05 acres) is owned jointly by the City of Fort Collins,
City of Loveland and County of Larimer; therefore, approvals and signatures are required of
each municipality. While the dedication is not presently needed, it is necessary to clarify
future intended use of the land should the ownership of the adjoining land change.
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May 18, 1999
23. First Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non -Exclusive
Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the Boxelder
Sanitation District.
Countryside Park Subdivision, which is located north of the Riverbend Ponds Natural Area,
was originally designed as a mobile home park and is one of the oldest areas served by the
Boxelder Sanitation District. Consequently, the existing sewer lines were engineered with
some 45 ° angles that have the potential to cause service disruption to Countryside Park and
Mulberry Commercial Park users. The District is requesting a 20' easement (.0061 acres) on
Riverbend Ponds Natural Area for a sewerline extension that will tie into an existing 30'
sewerline to alleviate the problem. Natural Area staff has approved the project.
24. First Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant a
Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric
Association.
The proposed easement will provide necessary electrical service to a cattle watering well in
the southwestern comer of the City -owned Meadow Springs Ranch and to a portion of the
neighboring Diehl Ranch. The proposed easement is 20 feet wide and approximately one
mile long (2.42 acres). The City and the Diehl ranch will cooperate on the development of
this power line if the easement is approved.
25. Resolution 99-55 Adopting the Recommendation of the Cultural Resources Board Regarding
ag rding
Fort Fund Disbursements.
On November 30, 1998 revised guidelines for the Cultural Development and Programming
and Tourism accounts (Fort Fund) were adopted and approved through the City Manager's
office. These newly adopted guidelines created a three -tiered funding system for
organizations that apply for grants from Fort Fund. Tier #1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier #1 each April. Tier
#2 allows organizations that are not eligible for Tier #1 support to apply for funding of events
that are not fund-raising in nature and do not generate more than $2,500 in proceeds after
expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for
funding of events that generate more than $2,500 in proceeds after expenses and are fund-
raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each
January and June.
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May 18, 1999
26. Resolution 99-56 Finding Substantial Compliance and Initiating Annexation Proceedings for
the Johnson-HarmonyAnnexation.
This is a request for a 100% voluntary annexation. The property being considered for
annexation is approximately 63.265 acres in size and is located south of East Harmony Road
and east of Cambridge Avenue. The existing uses of the properties are agricultural in Larimer
County. The proposed zoning for this annexation is Harmony Corridor District (HC).
The proposed Resolution accepts the annexation petition, finds that the petition and
accompanying map are in substantial compliance with the Municipal Annexation Act, and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances on July 6, 1999. Not less than thirty days
prior published notice is required by State law.
27. Resolution 99-57 Authorizingthe e Mayor to Execute an Intergovernmental Agreement with
the Northern Colorado Water Conservancy District Acting by and through the Pleasant
Valley Pipeline Water Activity Enterprise and the City of Fort Collins Water Utility
Enterprise for Participation in the Pleasant Valley Pipeline Project.
The Pleasant Valley Pipeline (PVP) Project is included in the Water Treatment Facilities
Master Plan that was approved by City Council in June 1997. When constructed, the
pipeline will convey additional water from the Poudre River to the City's Water Treatment
Facility on West LaPorte Avenue. Additional pipeline capacity from the Poudre River will
increase the capability and reliability of delivering raw water to the Water Treatment
Facility.
The PVP project has been formulated as a regional project with the City of Fort Collins, City
of Greeley, and the three local Water Districts that comprise the Soldier Canyon Filter Plant,
as project participants. The Northern Colorado Water Conservancy District (NCWCD) has
formed the "PVP Enterprise" to design, construct, own, and operate the pipeline. This
Resolution will allow the City to enter into an intergovernmental agreement with NCWCD
to provide funding for this phase of the project and to address how the costs will be allocated
among the participants.
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28. Resolution 99-58 Appointing a New City Representative to the Board of Trustees of the
Northern Colorado Community Housing Corporation dba Fundina Partners for Housiniz
Solutions.
Councilmember Chuck Warner's term will expire on May 20, 1999 as the City's
representative to the Board of Trustees of Northern Colorado Community Housing
Corporation, dba Funding Partners for Housing Solutions. This Resolution reappoints
Councilmember Chuck Wanner as the City representative to that Board.
29. Routine Easements.
A. Deed of Easement from William R. Allison, to install an oval vault, located at 828
West Prospect. Monetary consideration: $60.
B. Deed of Easement from Larry and Debra Dunn, and Joe Ryk, to install an oval vault
to underground existing overhead electric services, located at 2045 West Mulberry.
Monetary consideration: $80.
Items on Second Reading were read by title by Deputy City Clerk Rita Hams.
8. Second Reading of Ordinance No 71 1999 Appropriating Unanticipated Revenue in the
Capital Projects Fund to Be Used for the Gateway Mountain Park Access Road Project
9. Second Reading of Ordinance No. 72, 1999, Authorizing the Lone -Term Lease of Property_
at the Fort Collins -Loveland Municipal Airport to Lon Carlson for the Construction of an
Aircraft Hangar.
10. Second Reading of Ordinance No. 73, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Donald R. Eller for the Construction of
an Aircraft Hangar.
11. Second Reading of Ordinance No. 74, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to James Grubbs for the Construction of an
Aircraft Hangar.
12. Second Reading of Ordinance No. 75, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Mike S. Hoffman for the Construction of
an Aircraft Hangar. (Hanger Site A)
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May 18, 1999
13. Second Reading of Ordinance No. 76. 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airport to Mike S. Hoffinan for the Construction of
an Aircraft Hangar. (Hanger Site B)
14. Second Reading of Ordinance No. 77, 1999, Authorizing the Long -Term Lease of Property
at the Fort Collins -Loveland Municipal Airnort to David F. Klink for the Construction of an
Aircraft Hangar.
15. Second Reading of Ordinance No. 78, 1999, Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for That Certain Property Known as the
Mountain Vista Subarea Plan Rezoning.
16. Second Reading Ordinance No. 79, 1999, Amending Ordinance No 95 1992 to Include
Those Portions of the Street Railway Car Barn/Trolley Bam not Currently Designated in the
Historic Landmark Designation Pursuant to Chapter 14 of the City Code
Items on First Reading were read by title by Deputy City Clerk Rita Harris.
18. First Reading of Ordinance No. 81,1999, Appropriating Proceeds from the Issuance of City
of Fort Collins. Colorado, Stormwater Utility Enternrise. Storm Drainage Revenue Bonds
Series 1999, Dated June 1. 1999 in the Aggregate Principal Amount of $20 060 000 and
Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt Service
19. First Reading of Ordinance No. 82, 1999, Authorizing the Mayor to Execute a Quit Claim
Deed Dedicating to the Colorado Department of Transportation Certain Portions of the
Access Rights-of-wavon Harmony Road Adjacent to Harmony TechnologyPark First Filing
20. First Reading of Ordinance No. 83,1999, Appropriating Prior Year Reserves in the General
Employees' Retirement Fund.
21. First Reading of Ordinance No. 84, 1999 Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor
Activities and for Cultural Development and Programming Activities
22. First Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for
Public Highway to Improve Access to the Larimer County Landfill
23. First Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non -Exclusive
Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the Boxelder
Sanitation District.
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May 18, 1999
24. First Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant a
Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric
Association.
35. First Reading of Ordinance No. 88, 1999 Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Program.
36. Items Related to the West Central Neighborhoods Plan Rezonings
A. First Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the
Purpose of Implementing the West Central Neighborhoods Plan.
B. Hearing and First Reading of Ordinance No. 90, 1999, Amending the Zoning Map
of the City of Fort Collins by Changing the Zoning Classification for Those Certain
Properties Known as the West Central Neighborhoods Plan Subarea Rezoning.
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows:
Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Mason spoke regarding the Resolution designating Councilmember Wanner as a
City representative for Funding Partners for Housing Solutions and thanked Mr. Wanner for agreeing
to serve in this capacity.
Councilmember Bertschy spoke regarding the Ordinance appropriating funds for Highway 14 at
Gateway Park and noted that activities will soon begin on the road widening to provide safe access
to the future park.
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Staff Reports
City Manager Fischbach provided updates regarding the following: (1) 689 permits for new
construction have been issued by the end of April, which is a 67% increase over the same period last
year, and there are more than 4,500 additional new units in various planning and review stages in
the City and 2,000 more in the County; (2) an agreement has been reached with CSU regarding the
horticulture center, subject to approval by the Council, State Board of Agriculture, and CSURF
Board; (3) progress has been made on the Wind Energy Program; (4) electric undergrounding is 90%
complete; and (5) several national awards have been won for the MiGente video.
Councilmember Reports
Councilmember Wanner reported on the Health and Safety Committee organizational meeting.
Councilmember Mason reported regarding the Growth Management Committee's discussions of the
Master Street Plan changes, Land Use Code changes, and West Central Neighborhood rezonings.
Councilmember Bertschy reported that the CSU Liaison Committee received updates on the
horticulture center and Environmental Learning Center visitor center projects, tunnel design under
College Avenue, and the neighborhood pilot program.
Councilmember Byrne reported on the North Front Range Transportation and Air Quality Council's
discussions regarding the designation of funds for traffic signalization for the region, the mobility
report card, transportation infrastructure funding gaps, and impact fees.
Mayor Martinez spoke regarding a meeting held on May 10 with citizens concerning Y2K
preparedness issues and encouraged citizens to following American Red Cross guidelines. He noted
that Cable 27 will be cablecasting alive call -in show regarding Y2K on May 24 at 7:30 p.m. He also
reported on the Poudre School District/City Liaison Committee's discussions regarding consensus
reached regarding allocation ofBuilding Community Choices money for softball and baseball fields.
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May 18, 1999
Resolution 99-59
Adopting Revisions to the Master Street Plan
Regarding the Realignment and Connection of Highcastle Drive
with Fossil Creek Parkway Via Roma Valley Drive and Mail Creek Lane Adopted
The following is staff s memorandum on this item.
"Financial Impact
Adoption of the Resolution does not initially create the need for capital investment. Roadway
construction and improvements will occur as property is developed. At that time developers and the
City, through the Street Oversizing Program, will share the capital investment.
Executive Summary
The Master Street Plan is a map -based plan identifying the major transportation network within the
Urban Growth Area. The Plan was developed using the City Structure Plan as the basic urban form
projected to the year 2015. The Structure Plan projects density, transit service, activity centers, and
mixed -use corridors. This information is used to predict travel behavior and the demand for
transportation infrastructure. The Master Street Plan is the map of that infrastructure.
A recent staff assessment determined that certain changes should be made to the street network
within the southeast area of the City. In reviewing several new development projects and
corresponding traffic impacts, and responding to more specific conditions, the proposed changes
will improve circulation, safety, and avoid impacts on existing natural resources.
Proposed Amendment:
• Realignment ofHighcastleDrive (atwo-lane Collector), connecting through Roma Valley Drive
and Mail Creek Lane to Fossil Creek Parkway (reference # 1 on "existing and proposed"map
and vicinity map). Delete collector connection on Highcastle Drive extending south of Roma
Valley to Fossil Creek Parkway. This change will avoid an additional crossing of Mail Creek
and will enhance the existing natural area.
Note: Transportation Board and Planning and Zoning Board have each forwarded
recommendation to Council to approve this amendment.
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May 18, 1999
Rationale:
• The proposed realignment establishes east -west connectivity between the neighborhoods
involved (Miramont, Huntington Hills, and Fossil Creek Meadows). Currently, the Miramont
neighborhood cannot directly access the western side of Werner Elementary School.
• There exist numerous destinations in this area which necessitate an internal -connecting street
network (shopping, school, health club, senior care facility). The City has a policy to connect
neighborhoods with internal networks of streets so that arterial roadways do not have to be
impacted when making internal trips.
• The realignment would eliminate the need for an additional crossing of Mail Creek and a
sensitive environmental area. A bridge%ulvert crossing of Mail Creek already exists on Mail
Creek Lane.
• The current lack of connectivity has resulted in a dangerous drop-off area on the eastern side
of Werner Elementary School. The new alignment would enable parents to utilize the proper
drop-off area on the western side of the school.
Public Notification:
City and County staff met with individual property owners and their representatives to discuss street
system design for development projects throughout the past year. In addition, notice was sent out
to surrounding landowners adjacent to theproposed changes for the Transportation Board Meeting
held on April 21, 1999.
The Planning and Zoning Board held apublic Hearing on April I andforwardeda recommendation
to City Council to approve theproposedstreet changes near Huntington Hill Subdivision (Reference
# 1). At that April 1 meeting, six citizens spoke against the proposed amendment and one citizen
spoke in favor of the connection. Other citizen comments that evening spoke to the Huntington Hill
PUD in general. The Council Growth Management Committee reviewed this item on May 10. "
Mark Jackson, Transportation Services, presented background information regarding the proposed
street alignment change and summarized the reasons for the staff recommendation in favor of the
change. He stated that some residents from the Miramont neighborhood have expressed concerns
and oppose the amendment, and that some members of the Fossil Creek Meadows of the
Homeowners Association have expressed support of changes that would improve connectivity.
Ted Shepard, Senior City Planner, presented slides and background information regarding
annexations and developments in the Huntington Hills area.
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May 18, 1999
Councilmember Mason asked about upgrading and maintenance of Fossil Creek Parkway and Mail
Creek Lane. Mike Herzig, Special Projects Engineer, stated that Fossil Creek Park will be upgraded
by the Huntington Hills developer to mitigate the impacts and spoke regarding maintenance issues.
Councilmember Byrne asked if there is a mix of street standards in the area and how much of the
new construction will be built to City standards. Herzig stated that there are streets in the area that
do not match the current City street standards and that the new construction will be built to standards
as much as possible. Shepard spoke regarding plans to implement upgrades in the area and noted
the constraints of upgrading existing streets to current standards.
Councilmember Bertschy asked for clarification that the City has the ability to designate Mail Creek
Lane as a collector street even though it is outside of the City. Herzig stated that Master Street Plan
streets are shown in the Urban Growth Area.
Councilmember Bertschy asked about the proposed changes in the Highcastle and Roma Valley
intersection. Eric Bracke, Traffic Engineer, spoke regarding expected stop sign placements and
intersection angles.
Councilmember Weitkunat asked if some of the roads in the Master Street Plan amendment will
remain unbuilt. Herzig stated that the streets in question will built as part of the Huntington Hills
development.
Councilmember Kastein asked about the Highcastle/Fossil Creek intersection in the existing Master
Street Plan and the addition of the intersection at Mail Creek and Roma Valley, and asked about the
potential increase in traffic at the new intersection. Jackson stated that the traffic impact study
estimated between 2,500 and 2,700 vehicles per day at Mail Creek/Roma Valley. Bracke stated that
the current vehicle traffic volume on Mail Creek is currently 1,000 to 1,500 and that 3,000 vehicles
per day is a relatively low volume on a collector street.
Mayor Martinez asked if there have been any problems with the current school drop off site. Bracke
spoke regarding problems noted in all school zones and complaints from Fairway Estates residents
about school traffic cutting through their neighborhood.
Councilmember Kastein asked for clarification regarding the need for the Master Street Plan
improvements to improve connectivity and the school drop off zone. Jackson stated that the master
street plan amendment takes into account the proposed development.
Councilmember Byrne asked about when new residents of the area found out about the proposed
street changes. Shepard spoke regarding the Highcastle alignment and the two neighborhood
meetings held regarding the Huntington Hills 7th P.U.D.
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May 18, 1999
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 99-59.
Brian Schumm, 813 Fossil Creek Parkway, spoke as a resident of Huntington Hills in support of the
master street plan changes.
Merritt Smith, 5112 Sawgrass Court, resident ofMiramont, spoke regarding connectivity and school
safety issues.
Jaak Vilms, 5326 Highcastle Court, objected to the Roma Valley/Mail Creek Lane automobile
connection.
Blair Miller, representing the Miramont Homeowners' Association, spoke regarding child safety
issues and favored the connection of Highcastle to Fossil Creek as set out in the existing master
street plan.
Sandy Winters, 5106 Sawgrass Court, presented information regarding school traffic and the lack
of sufficient school parking.
Doug Card, 1218 Silk Oak Court, Fort Collins realtor, stated that the original purchasers of
Miramont lots assumed the original street plan would continue.
Corinne Marti, 5137 Sawgrass Court, spoke regarding the impact to her as a homeowner and favored
making no changes to the master street plan.
Dave Osborn, attorney representing the Huntington Hills developer, spoke regarding the connectivity
issue and the planning process for the project.
Kel Winters, 5106 Sawgrass Court, Miramont resident, expressed concerns regarding school safety
issues.
Patricia Abeloff-Smith, 5112 Sawgrass Court„ Miramont resident, spoke regarding safety of children
and quality of life concerns for neighborhoods fractured by connecting streets.
Linda Ripley, representing the developer of the project, stated that traffic will increase in the
neighborhoods under either Master Street Plan scenario and that the Master Street Plan amendments
will allow the addition of public green space, will eliminate the need for a second bridge over Mail
Creek, and will meet the CityPlan goal of connectivity.
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May 18, 1999
Ruth Rawlings, traffic engineer for the developer, stated that traffic volume without the Roma V alley
or Highcastle connection would remain within acceptable levels of service and addressed the issues
of cut -through traffic and street width and speed.
Jim Nelson, Miramont resident, spoke regarding the information he received regarding greenbelt
access at the time he bought his lot and noted that no information was received regarding planned
street connections. He expressed concerns regarding the planning for Mail Creek Lane and whether
the connector is needed at all.
Corinne Marti expressed a concern regarding speeding on neighborhood streets.
John Knapp, Huntington Hills developer, spoke regarding the complexity of the planning process
and the desire to make this a win -win project. He noted the environmental sensitivity of the Mail
Creek area and the neutrality of his development with regard to connectivity to Miramont.
Councilmember Byrne asked about the importance of the connection and if most of the traffic
circulation in the area results from the school. Shepard stated that connectivity has been an issue in
the area for many years because of the need to avoid displacing traffic out onto the arterials. Bracke
stated that there are other traffic destinations in the area besides the school and spoke regarding the
need for an alternative route for neighborhood trips besides using the Harmony and College
intersection.
Councilmember Byrne asked for figures relating to neighborhood traffic as opposed to cut -through
traffic. Bracke spoke regarding the expected volume on the Fossil Creek Parkway collector.
Councilmember Bertschy asked about the number of units in the new Huntington Hills development
and if all of the traffic from the development will channel out to Fossil Creek Parkway. Shepard
stated that there will be 224 units and spoke regarding the CityPlan values being promoted by the
clustering plan and the goal to minimize the impact on sensitive natural resources while obtaining
connectivity. Bracke spoke regarding the goal to protect resources while ensuring connectivity and
noted that the traffic on Highcastle would be the same under either street connection plan scenario.
Mayor Martinez asked how frequently the Master Street Plan is changed. Bracke stated that most
Master Street Plan changes have been minor in nature.
Mayor Martinez asked about the size of collector streets. Herzig explained the collector street and
parking lane standards.
Councilmember Wanner asked about the number of lots negatively affected by the Roma Valley
Drive changes and spoke about the benefits of the change. Shepard stated that none of the homes
on affected lots have yet been built.
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May 18, 1999
Councilmember Wanner stated that he would support staff's recommendation because of the
addition of green space and the small traffic impact on a small number of lots. He favored additional
work to ensure an adequate school drop-off location.
Councilmember Weitkunat asked about the route of Mail Creek Lane and the location of the closest
east -west road on the north and spoke regarding the need for corrective measures for traffic near the
Werner Elementary School. Shepard stated that Harmony Road is the nearest east -west road.
Councilmember Weitkunat spoke in support of the amendments to the Master Street Plan.
Jackson spoke regarding bicycle -pedestrian improvements that are planned to promote school safety
in the area.
Councilmember Kastein expressed concerns regarding Mail Creek Lane and asked what could be
done to improve the drop-off area in front of Werner Elementary School. Jackson spoke regarding
bicycle -pedestrian improvements that are planned on Mail Creek Lane. Herzig stated that the School
District is considering providing additional staff parking north of the school to free up parking in the
drop-off area.
Councilmember Mason asked about the on -street parking situation and inquired if there are any
traffic calming or safety features could be added on Highcastle. Shepard spoke regarding work to
deal with problems that have resulted from past decisions regarding previous developments,
topography, and the creeks. Jackson spoke regarding a series of improvements planned on
Highcastle.
Councilmember Wanner asked for confirmation that the City plans to place flashing yellow school
lights and school zone raised crosswalks on Highcastle and Mail Creek Lane. Bracke confirmed that
these are planned.
Councilmember Wanner stated for the record that the City should take into consideration the
problems with school loading and unloading and the needs for safety of children in the school zones.
The vote on the motion to adopt Resolution 99-59 was as follows: Yeas: Councilmembers Byrne,
Martinez, Wanner and Weitkunat. Nays: Councilmembers Bertschy, Kastein and Mason.
THE MOTION CARRIED.
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May 18, 1999
Items Relating to
Library Services, Adopted
The following is staff s memorandum on this item.
"Executive Summary
A. Resolution 99-6OAuthorizing theMayor to Enter into an Intergovernmental Agreement with
Larimer County for the Purpose of Providing Library Services to Residents of Larimer
County.
B. First Reading of Ordinance No. 88, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Program.
Larimer Countyprovides funds to six library service providers in the County. This year, the County
is paying $119, 340 to the Cityfor library services for County residents. Of this amount, $29, 835
will be used for the City's library outreach program, which provides 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 $29,835 for
outreach services. The remaining $89,505 goes into the General Fund and represents an 8.7percent
decrease over the projected amount in the 1999 budget.
BACKGROUND:
The County's payment is taken into the General Fund and per the Intergovernmental Agreement,
10 to 25 percent of the funds are returned to the Library to fund the outreach program. Prior to
1986, the City entered into two annual agreements with Larimer Countyfor the provision ofgeneral
library services and for Library outreach services. Since that time a single agreement is used to
address both aspects of service. Under the outreach program, the City provides a homebound
service for the elderly or disabled, pick-up ofbooks at 10 remotely located bookdrops, and maintains
12 yellow book shelves for the economically disadvantaged. As a part of general library services,
the City Library offers library cards and service to any County resident. In 1998, the City served
16,622 County residents. The number of City and non-resident library cardholders is tracked and
annually reported to the County. The amount paid to the City by the County is based upon the
number of county residents served.
Larimer County has the most unincorporated area in the State and is the only county with a
significant reimbursement program. Other counties either encompass municipal jurisdictions or
have library districts that tax all the residents within their service area. This year's contribution
represents a decrease in the amount paid by the County to the City:
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May 18, 1999
1999 $119,340
1998 $127,400
1997 $116,382
1996 $113,957
1995 $102,482"
City Manager Fischbach stated that the purpose of this item is continuation of an intergovernmental
agreement with Larimer County that provides for library services to County residents.
Brenda Cams, Library Director, presented an overview of the agreement and library funding
arrangements with Larimer County. She stated that the Library Board was asked to study the funding
formula to determine if there is an equitable level of funding for the services and determined that an
additional $160,000 would be needed from the County to achieve equity.
Councilmember Wanner asked for a summary of the available options. Mike Powers, CLRS
Director, noted that the Library Board prepared a memo, which has been sent to the Larimer County
Commissioners with a recommendation that the County look at increasing its contribution to the Fort
Collins library based on per capita equity. He stated that the County's response was that additional
funding was not available at this time. City Manager Fischbach noted that the County indicated
support for a library district approach, and he stated that he is not in support of a district approach
because it would create another level of government.
Councilmember Wanner stated that the current funding arrangement is not fair and that the County
should pay its fair share. He noted that there may not be any good remedies for the situation because
the options of forcing the County to pay a larger share, charging a library fee to County residents or
establishing a library district may not be practicable. City Manager Fischbach stated that the Library
Board is still looking at the funding question.
Councilmember Bertschy asked if the County provides funding to other communities for Library
services. Cams stated that the County provides funding to six County communities in proportion
to the services provided to County residents.
Councilmember Mason stated that the current arrangement is not fair and asked if there are areas in
which the City provides funding to the County for County programs. City Manager Fischbach stated
that the City provides funding under the human services contract.
Councilmember Mason stated that he would support the staff recommendation regarding library
funding for this year but would not support such a recommendation in the future.
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May 18, 1999
Councilmember Byrne asked about the methodology for determining the $160,000 County funding
shortfall and inquired about the library impact fee for new residents. He asked if the cumulative
shortfall has been tracked over time.
Frank Lancaster, Larimer County Manager, spoke regarding the lack of County funding for library
services and stated that the County can not legally implement impact fees. He stated that the
situation may not change for next year and that the County's funding for library services may even
go down.
Councilmember Byrne spoke in support of working with the County and the state legislature with
regard to legislation that would enable the County to collect impact fees.
Councilmember Bertschy asked about looking at a mill levy increase as a County funding
mechanism for library services. Mr. Lancaster stated that a mill levy increase would have to go to
the voters for approval and spoke regarding the Estes Park library district. Cams spoke regarding
the process for allocation of County library funding.
Councilmember Weitkunat asked how long the current library funding arrangement has been in place
and if this type of City/County library relationship is typical in other communities. Cams stated that
the arrangement has been in place since 1967 and spoke regarding library systems in other
communities.
Councilmember Weitkunat asked if the loss of County users is expected to be a continuing trend.
Cams stated that the actual number of County users has increased, while the percentage served is
down because of the growth in other areas.
Councilmember Weitkunat asked how long the outreach program has been in place. Cams spoke
regarding the outreach program services and noted that all library services are provided equally
without regard to residence.
Councilmember Weitkunat noted that the County Commissioners indicated that they are not opposed
to assessing County residents a library fee and that the Library Board indicated it is not in favor of
such a fee. City Manager Fischbach suggested that the Council proceed with this agenda item and
give direction to continue to study the issue.
Councilmember Bertschymade amotion, seconded by Councilmember Wanner, to adopt Resolution
99-60.
Councilmember Weitkunat favored giving some kind of direction that would move this issue toward
needed change.
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May 18, 1999
Councilmember Byrne suggested making the issue part of the policy agenda for the next two years.
Mayor Martinez spoke in favor of working through this issue in a partnership with the County.
The vote on the motion to adopt Resolution 99-60 was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 88, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Items Related to the
West Central Neighborhoods Plan Rezonings, Adopted
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 99-61 Amending the City Structure Plan Map, Map 3 of the West Central
Neighborhoods Plan Entitled "Land Use and Housing Densities Plan ", and Map 4 of the West
Central Neighborhoods Plan Entitled "Zoning District Plan" With Regard to That Certain
Property Located at 1125 South Shields Street.
B. First Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the Purpose of
Implementing the West Central Neighborhoods Plan.
C. Hearing and First Reading of Ordinance No. 90, 1999, Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for Those Certain Properties Known as
the West Central Neighborhoods Plan Subarea Rezoning.
The West Central Neighborhoods Plan was adopted by the City Council on March 16, 1999, as a
subarea (neighborhood) plan for an "L " shaped area of approximately three square miles located
west, southwest, and south of the Colorado State University Main Campus. The planning area's
boundaries extend from Mulberry Street on the north to Drake Road on the south, and from the
Burlington Northern/Sante Fe Railroad tracks on the east to Taft Hill Road on the west.
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May 18, 1999
The West Central Neighborhoods Plan is organized in a manner similar to other subarea plans
adopted by the City. The Plan contains four chapters. Chapter 1 presents an "Introduction. "
Chapter 2 presents the Plan's "Visioning and Goals. " Chapter 3 presents "Policies and Plans. "
And Chapter 4 lists a series of "Implementation Actions. " The issues areas covered in the Plan
include: (1) Land Use and Zoning, (2) Public and Private Sector Services, (3) Parks and Open
Lands, (4) Neighborhood Appearance and Design, (5) Housing, (6) Transportation, and (7) Sense
of Community.
Because the notice was not published in the newspaper at least 15 days prior to the Council's
consideration of the proposed rezonings of the West Central Neighborhoods Plan, the rezonings
could not be scheduled when the Council adopted the Plan on March 16, 1999. Adequate notice has
now been given in order for Council to consider the rezonings.
The proposed rezonings require a minor amendment to two maps in the West Central
Neighborhoods Plan (the Land Use and Housing Densities Plan [Map 3] and the Zoning District
Plan [Map 4]) and a correlated change to the City Structure Plan map of City Plan, all of which
will be accomplished by approval of Resolution 99-61. One new zoning district, the H-M-N, High
Density Mixed Use Neighborhood, District and amendments to the N-C-B, Neighborhood
Conservation Buffer, District are also required. These amendments to the Land Use Code will be
accomplished by the adoption of Ordinance No. 89, 1999.
And, finally, amendments to zoning district boundaries of the Zoning map are required and will be
accomplished by the adoption of Ordinance No. 90, 1999, and shown on the attached Exhibit "A"
map. Several property -owners have expressed concerns with the proposed rezoning of their
properties and staff would like additional time to evaluate their rezoning issues. One propertyis
located at 1132 West Prospect Road, and the other properties are located north of East Prospect
Road, adjacent to Whitcomb Street and Blevins Court. These areas have been deleted from
Ordinance No. 90, 1999, Exhibit 'A" map and will retain their current R-L, Low Density
Residential, District zoning. Staff will work with the property -owners and return with proposed
rezonings for these areas which may require additional amendments to the City Structure Plan map,
the "Land Use and Housing Densities Plan " (Map 3), and the "Zoning District Plan " (Map 4) of
the West Central Neighborhoods Plan.
BACKGROUND:
The West Central Neighborhoods Plan was adopted by the City Council on March 16, 1999, as a
subarea (neighborhood) plan for an `Z "shaped area of approximately three square miles located
west, southwest, and south of the Colorado State University Main Campus. The planning area's
boundaries extend from Mulberry Street on the north to Drake Road on the south, and from the
Burlington Northern/Sante Fe Railroad tracks on the east to Taft Hill Road on the west.
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May 18, 1999
The West Central Neighborhoods Plan is organized in a manner similar to other subarea plans
adopted by the City. There are four chapters in the Plan. Chapter I presents an "Introduction and
discusses the Plan 's planning process and relationship to City Plan. Chapter 2 presents the Plan 's
"Visioning and Goals. " Chapter 3 presents "Policies and Plans, " and Chapter 4 lists a series of
"Implementation Actions." The issues areas covered in the Plan include: (I) Land Use and Zoning,
(2) Public and Private Sector Services, (3) Parks and Open Lands, (4) Neighborhood Appearance
and Design, (5) Housing, (6) Transportation, and (7) Sense of Community.
Rezoninzs:
Presented below is a summary discussion of the major issue areas of the West Central
Neighborhoods Plan as they relate to the proposed rezonings.
From a land use perspective the Plan divides the neighborhoods into "Conservation, Development,
and Redevelopment Areas. " Conservation areas are areas where current land uses are considered
the most appropriate uses of land. Development areas are available undeveloped/vacant lands
suitable for new development. Redevelopment areas are areas where current land uses are not
considered to be the most appropriate for the future and should convert to more efficient uses.
These areas are shown on the attached Map 2.
The "Land Use and Housing Densities Plan" (shown on the attached Map 3) divides the
neighborhoods into nine land use types including residential, commercial, employment, and mixed -
use classifications. The residential areas range from an "Urban Estate Area where the residential
density is limited to 2 dwelling unitsper acre, to Medium Density Mixed- Use Neighborhoods where
the minimum density is 12 dwelling units per acre, and on to a "Campus District " where high rise
structures, up to 5 stories would be encouraged. Non-residential areas range from small
neighborhood centers, to "Neighborhood Related Commercial Areas, " and the "Campus
West/Community Commercial Area" and on to an "Employment District. "
When the Council adopted the West Central Neighborhoods Plan on March 16, 1999, Resolution
99-34 was also adopted making amendments to the City Structure Plan map so that it is coordinated
with the "Land Use and Housing Densities Plan " (Map 3) of the West Central Neighborhoods
Plan. The property -owner of]] 25 S. Shields Street (Hill property) objected to the proposed land
use change of the propertyfom a community commercial designation to a low density mixed -use
neighborhood designation (see attached letter dated March 11, 1999) and offered a compromise to
the medium density mixed -use neighborhood designation. Council adopted the West Central
Neighborhoods Plan but left the Hill property unchanged and instructed staff to work with the
property -owner for a solution. Staff has reviewed the property-owner=s request and recommends
the property be placed into the medium density mixed -use neighborhood designation, as requested
by the property -owner, which also sets the stage for the property to be rezoned into the M-M-N,
Medium Density Mixed- Use Neighborhood, District (see below) To accomplish the land use change
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May 18, 1999
a minor amendment is needed to the "Land Use and Housing Densities Plan " (Map 3) of the West
Central Neighborhoods Plan and a corresponding amendment to the City Structure Plan map to
change the designation of the Hill property from a community commercial to a medium density -
mixed use neighborhood designation. These amendments will be achieved by the City Council's
adoption of Resolution 99-61.
Staffs support for the Hill property to be designated as a medium density mixed -use neighborhood
and rezoned into the M-M-NZone is based on the following:
Medium density mixed -use neighborhood designations are appropriate as "buffer"
areas between higher intensity activity centers (e.g., neighborhood commercial
centers and, in this case, community commercial centers) and low density
neighborhoods.
2. Designation ofthe Hillproperty as a medium density mixed -use neighborhood would
be consistent with other land use designation changes in and near the Campus West
Community Commercial Center adopted as parts of the West Central
Neighborhoods Plan, including the change ofthe Fort Rams Village Apartments and
the Matador Apartments from community commercial to medium density mixed -use
neighborhood and the change of the Woodbox Condos from low density residential
to medium density mixed -use neighborhood.
3. The Hill property is an appropriate location for higher density multi family housing
given its proximity to the Campus West Community Commercial Center and the CSU
Main Campus.
4. Any development on the Hill property will have to address "Section 3.5.1 Building
and Project Compatibility" requirements of the Land Use Code which includes
architectural character; building height, bulk, mass and scale; and land use
transition criteria.
There was another potential rezoning issue regarding a property known as "Young's Pasture"
located south of Prospect Road and east of Shields Street. The property -owner was contemplating
requesting change in zoningfrom theM-M-N, Medium Density Mixed- Use Neighborhood, District
to the L-M-N, Low Density Mixed -Use Neighborhood, District. The Planning and Zoning Board
tabled consideration of the potential request to allow for more neighborhood input. The property -
owner has decided not to pursue the rezoning and has decided to keep the property in the M-M-N
Zone, which is consistent with the "Zoning District Plan" (Map 4) of the West Central
Neighborhoods Plan.
The West Central Neighborhoods Plan contains a detailed "Zoning District Plan " (Map 4) which
is designed to implement the "Land Use and Housing Densities Plan" (Map 3) and provides the
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May 18, 1999
basis for the requested rezonings. Nine Zoning Districts, eight of which currently exist in the Land
Use Code, are intended to implement the conservation, development, and redevelopment concepts
and the nine land use classifications of the "Land Use and Housing Densities Plan. " A new district,
the "AH-M-N, High Density Mixed Use Neighborhood, District" and design modifications to the
Land Use Standards in the "N-C-B, Neighborhood Conservation Buffer District, " require
amendments to the Land Use Code and will be achieved by the Council's adoption of Ordinance No.
89, 1999. A minor amendment to the "Zoning District Plan" (Map 4) of the West Central
Neighborhoods Plan for the Hill property is needed to coordinate the proposed zoning of the
property with the changed land use designation to medium density mixed -use neighborhood. This
amendment will be also achieved by the City Council's adoption of Resolution 99-61. Changes to
the Zoning Map for all the properties proposed to be rezoned as a result of the West Central
Neighborhoods Plan will be achieved by the Council's adoption of Ordinance No. 90, 1999.
Most areas within the West Central Neighborhoods Plan will not be rezoned. Presented below is
a summary of the zoning changes which would require amendments to the Land Use Code and
Zoning Map:
1. WestsideofSouthShield Street south oftheMulberry/ShieldsintersectionfomtheR-L,Low
Density Residential, District to the N-C-B, Neighborhood Conservation Buffer, District.
2. North side of West Elizabeth Street (Fort Ram Village) and the area north of Campus West
Commercial Area (Baystone and Birch Street areas) from the C-C, Community Commercial,
District to the M-M-N, Medium Density Mixed Use Neighborhood, District.
3. South side of West Elizabeth Street (Woodbox Condos area) from the R-L, Low Density
Residential, District to the M-M-N, Medium Density Mixed Use Neighborhood, District.
4. West of City Park Avenue (Matador Apartments area) from the C-C, Community
Commercial, District to the M-M-N, Medium Density Mixed Use Neighborhood, District.
5. West side of South Shields Street, south of University Avenue (Hill property) f•om C-C,
Community Commercial, District to the N-C-B, Neighborhood Conservation Buffer, District
(front 190' of the parcel) and the M-M-N, Medium Density Mixed Use Neighborhood,
District (balance of the parcel).
6. West side of South Shield Street south of the University Avenue from the R-L, Low Density
Residential, District to the N-C-B, Neighborhood Conservation Buffer, District with a new
set of Land Use Standards for lot width and building set -back.
7. North side of West Prospect Road, west of Shields Street from the R-L, Low Density
Residential, District to the L-M-N, Low Density Mixed Use Neighborhood, District.
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May 18, 1999
8. North of West Prospect Road, east of Shields Street from the R-L, Low Density Residential,
District and the M-M-N, Medium Density Mixed Use Neighborhood, District to the H-M-N,
High Density Mixed Use Neighborhood, District (new zoning district).
9. South of West Prospect Road, west of SouthShieldsStreetfromtheM-M-N,MediumDensity
Mixed -Use Neighborhood, District to the N-C, Neighborhood Commercial, District.
10. South of West Prospect Road, east of South Taft Hill Road (RedFox Meadows Natural Area)
from the U-E, Urban Estate, District to the P-O-L, Public Open Lands, District.
STAFF RECOMMENDATION.
Staff recommends approval of the requested rezonings with the deletion of the property located at
1132 West Prospect Road, and the properties located north of East Prospect Road, adjacent to
Whitcomb Street and Blevins Court which will retain their current R-L, Low Density Residential,
District zoning. Staff will work with the property -owners to evaluate their rezoning issues and
return with proposed rezonings for these areas which may require additional amendments to the
City Structure Plan map, the "Land Use and Housing Densities Plan " (Map 3), and the "Zoning
District Plan " (Map 4) of the West Central Neighborhoods Plan.
PLANNING AND ZONING BOARD RECOMMENDATION.
The Planning and Zoning Board, at its meeting of March 4, 1999, voted 4-3 to recommend approval
of the rezonings as shown on the "Zoning District Plan" (Map 4) of the West Central
Neighborhoods Plan. The three negative votes were based on the desire of three Board members
to retain the Hill property in the C-C, Community Commercial, District. "
Councilmembers Byrne and Weitkunat withdrew from discussion on this item due to perceived
conflicts of interest.
("Secretary's Note: Councilmembers Byrne and Weitkunat left the room at this point.)
Ken Waido, Chief Planner, presented background information regarding the agenda item. He
described the areas proposed for rezoning and the surrounding areas and noted that several parcels
have been withdrawn from the proposed rezoning because of concerns expressed by the property
owners.
Councilmember Bertschymade a motion, seconded by Councilmember Wanner, to adopt Resolution
99-61.
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May 18, 1999
Lucia Liley, 110 East Oak Street, attorney representing Alden Hill and Ann Deseran, property
owners at 1125 South Shields Street, stated that the owners have concerns regarding the rezoning.
She stated that the proposal before Council to zone the front 190 feet NCB and the remainder as
MMN is acceptable as a compromise. However, the property owners still have concerns regarding
the appropriateness ofNCB zoning, and she requested that Council consider whether there might be
a mechanism for review in the future to determine if NCB is the correct zoning. She stated that the
only economically viable use for the house will be as a student rental under NCB zoning, while
MMN zoning would provide an opportunity for a well -managed, controlled apartment project use
that would fit the needs of the City and CSU, and not pose the problem of conversion or a student
rental with all the associated problems.
Waido stated that the NCB zone is designed to encourage the reuse of existing structures but does
not require such reuse. He spoke regarding the differences in review processes for building permits
in the different zones and stated that the NCB zone would preserve the large setback.
Councilmember Wanner asked if the reviewing the zoning of the Hill property in the future would
constitute spot zoning. City Attorney Roy stated that any proposed rezoning must be in the best
interests of the community and must balance the wishes of the property owner against the
comprehensive plan.
The vote on the motion to adopt Resolution 99-61 was as follows: Yeas: Councilmembers Bertschy,
Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Byrne and Weitkunat out
of room.)
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 89, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Byrne and
Weitkunat out of room.)
THE MOTION CARRIED.
Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 90, 1999 on First Reading. Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason and
Wanner. Nays: None. (Councilmembers Byrne and Weitkunat out of room.)
THE MOTION CARRIED.
City Manager Fischbach asked if it is Council's direction to bring the Hill property zoning back for
review at some point in the future. Mayor Martinez asked Ms. Liley what time period would be
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May 18, 1999
reasonable. Ms. Liley stated that one year would be appropriate or that the review could occur after
a written request for review is submitted by the property owner.
Councilmember Wanner requested that staff bring the matter of the Hill property zoning back to
Council at such time as there is evidence of deterioration of the neighborhood because of the use of
the property or after one year, whichever occurs first. Greg Byrne, CPES Director, stated that the
property owner would always have the opportunity to petition for rezoning at any time.
("Secretary's Note: Councilmembers Byme and Weitkunat returned to the meeting at this point.)
Resolution 99-55
Adopting the Recommendation of the
Cultural Resources Board RegardinE Fort Fund Disbursements Adopted
The following is staff s memorandum on this item.
"Executive Summary
On November 30, 1998 revised guidelines for the Cultural Development and Programming and
Tourism accounts (Fort Fund) were adopted and approved through the City Manager's office. These
newly adopted guidelines created a three -tiered funding system for organizations that apply for
grants from Fort Fund. Tier #1 was established as an annual programming fund for organizations
whose primary purpose is to present three or more public events annually. These groups may apply
for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1
support to apply for funding of events that are not fund-raising in nature and do not generate more
than $2, 500 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier
#1 support to apply for funding ofevents that generate more than $2,500 in proceeds after expenses
and are fund-raising in nature. Applications forsupport from Tier #2 and Tier #3 are accepted each
January and June.
The following disbursements from funds in the City's Cultural Development and Programming and
Tourism accounts were recommended by the Cultural Resources Board on Wednesday, April 28.
These recommendations are for organizations that have applied for and are eligible to receive
funding from Tier #L
AMOUNT
AMOUNT
FUND #2
ORGANIZATION
GENERAL PURPOSE REQUESTED
RECOMM.
PORTION*
Bas Bleu Theatre Company
Theatre Season $10, 000
$9,500
$1, 000
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May 18, 1999
Canyon Concert Ballet
1999-2000 Season
$10,000
$8,250
--
Discovery Center Science Museum
1999-2000 Events
$10,000
$8, 000
$ 500
Fort Collins Museum
Exhibitions/Programming
$10,000
$9,500
$ 750
Fort Collins Symphony Association
51stAnniversary Season
$10,000
$8,250
--
Friends of Traditional Dance
On -going Activities
$6,000
$4,500
$ 500
Front Range Chamber Players
Concert Season
$10,000
$5,500
--
High Performance Dance Theatre
Three Performances
$6,590
$4,500
--
International Assoc. for New Science
Forum on New Science
$10,000
$5,500
$1,500
OpenStage Theatre & Company
Theatre Season
$10,000
$6,000
$1,000
TOTALS: $92,590 $69,500 $5,250*
*This amount represents the total recommended grant funds to be paid from Fund #2 (Tourism
Programming Account). The remainder ofthe recommendedgrantfunds, in the amount of$64,250,
are from Fund #1 (Cultural Development and Programming Account)."
Councilmember Bertschy made amotion, seconded by Councilmember Kastein, to adopt Resolution
99-55.
Councilmember Weitkunat spoke regarding the allocation and disbursal of the funding and noted
that concerns have been expressed because dollars for tourism are not being allocated as
recommended by the Convention and Visitors Bureau. She requested that the Cultural Resources
Board address the criteria used to detennine the funding.
Jennifer Beccard, Cultural Resources Board chair, stated that all events are rated on seven criteria:
(1) uniqueness of the event, (2) the overall appeal of the event to the community and the ability to
attract visitors, (3) the quality of the written application and oral presentation, (4) efforts made to
secure other funding, (5) how revenues from the event will be used, (6) recognition of FortFund as
a sponsor and submission of a written evaluation, and (7) strength of the organization presenting the
event in terms of management, finances, and history of producing successful events. FortFund #2
(tourism) events have four additional criteria: (1) the number of visitors the event brings to the Fort
266
May 18, 1999
Collins area, (2) the number of visitors the event brings to the Fort Collins area who will use local
lodging facilities, (3) the number of days the visitors attending the event will stay in the Fort Collins
area, and (4) the event's effectiveness in promoting the Fort Collins area as an attractive place to
visit.
Councilmember Weitkunat noted that many of the criteria cannot be measured and depend on a
judgment call by the Board. She stated that she withdrew this item from the Consent Calendar
because she wanted to point out the amount of dollars currently involved in the program. She also
noted that if the policy is to fund events that will generate more revenue through tourism that this
would be a reason to support the events recommended by the Convention and Visitors Bureau. She
suggested clear direction from Council regarding how the fund should be allocated.
City Manager Fischbach stated that staff could prepare a report regarding the operation of the
program. Frank Bruno, Assistant City Manager, spoke regarding the lodging tax allocation of 75%
for tourism services and 25% for cultural development and programming. He spoke regarding the
discussions between the Convention and Visitors Bureau and the Cultural Resources Board regarding
the allocation of funding for tourism events.
Councilmember Bertschy asked if the Convention and Visitors Bureau made a recommendation for
the tourism funding allocation. Cultural Resources Board Chair Beccard outlined the
recommendation received from the Convention and Visitors Bureau and the funding additions made
by the CRB.
Councilmember Bertschy asked about the process for the future. CRB Chair Beccard spoke
regarding the planned process to work with the CVB in the future.
Councilmember Weitkunat encouraged a continued spirit of cooperation between the CRB and the
CVB and supported more Council interaction in the process because of the dollar amounts involved.
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May 18, 1999
The vote on the motion to adopt Resolution 99-55 was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Other Business
Resolution 99-62
Authorizing the City Manager to Execute a Lease Agreement
for 1745 Hoffman Mill Road on the Nix Natural Area, Adopted
The following is staff s memorandum on this item.
"Financial Impact
If this lease continues for the full two-year period, rent collected will result in approximately
Nineteen Thousand Dollars ($19, 000) in unanticipated revenue to the Capital Projects Fund -114-
Cent Natural Areas. Tenant will pay all maintenance and utility expenses.
Executive Summary
The City purchased this house as part of the Nix Natural Area in December 1996. At the time of
purchase several leases were in place for residences located on the property. The lease for 1745
Hoffman Mill Road, referred to as "Residence 'A"' on the map attached to the Resolution,
terminates on June 1, 1999. Because planning for use of the structures on the property is still
underway, NaturalResources staffis recommending that anew leasefor Residence `A"beexecuted
that would permit continued collection ofrentpayments pending completion ofplans by the Natural
Resources Department. Because the current lease expires at the end of this month, Council
authorization ofthe new lease must be approved at the May 18 meeting in order to avoid forcing the
current tenant to move from the residence.
Natural Resources is continuing to evaluate the feasibility of modifying Residence "A "for use as
an officespaceforstaff, includingRangers and maintenance staff, and classroom and meetingspace
for Natural Resources. Theproposed Lease Agreement has a maximum term of two years, with the
City having the option to terminate the lease at any time with notice to the tenant. "
City Manager Fischbach stated that Resolution 99-62 relates to the lease of the Nix property for a
two-year period.
Prof.]
May 18, 1999
Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Resolution
99-62. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez,
Mason, Wanner and Weitkunat. Nays: Councilmember Byrne.
THE MOTION CARRIED.
Councilmember Mason commended staff for its involvement in the following projects identified
under the City Manager's earlier report: the CSU/City agreement on the horticulture center, the
growth in wind power, and power line undergrounding.
Adiournment
The meeting adjourned at 9:45 p.m.
a
Mayor
ATTEST:
City Clerk
►.I