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HomeMy WebLinkAboutMINUTES-09/01/1998-RegularSeptember 1,1998 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, September 1, 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 and Smith. Councilmembers Absent: Wanner arrived at 6:25 p.m. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Kelly Ohlson, 2040 Bennington Circle, spoke in opposition to the Timberline grand opening celebration. David Roy, 1039 West Mountain Avenue, spoke in opposition to the Timberline grand opening celebration. Yolanda Nicely, 517 East Trilby Road #130, spoke in favor of the City's work on the truck route and expressed concerns about water conservation planning and priorities. Citizen Participation Follow-up Councilmember Mason stated the City has been active for many years in promoting water conservation through water meter and xeriscape programs. Councilmember Kneeland commented that water conservation is an ongoing issue and asked if the City could reinstitute the tag reminder program that was in place several years ago. City Manager Fischbach stated that he will provide an update on the Council concerning the City's existing emergency water conservation plan and water acquisition plan. Councilmember Byrne spoke concerning the effects of growth on water supplies. Councilmember Mason stated that the Timberline celebration was not intended to be an affront to those who opposed the project. 212 September 1, 1998 Councilmember Smith spoke concerning the Timberline celebration. Councilmember Bertschy spoke concerning the management of natural areas. Agenda Review City Manager Fischbach stated that item #7 Second Reading of Ordinance No. 135, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves and Authorizing the Transfer of Appropriations Between Funds for the Gateway Park Project and item #16 Resolution 98-118 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Poudre School District to Provide School Resource Officers are being pulled from the Consent Calendar for discussion. Kelly Ohlson, 2040 Bennington Circle, requested that item #19 Resolution 98-128 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Board of the Great Outdoors Colorado Trust Fund and an Intergovernmental Agreement with Ten Partner Entities for the Poudre- Big Thompson Rivers Legacy Grant Project be pulled from the Consent Calendar for discussion. CONSENT CALENDAR 7. Second Reading of Ordinance No. 135, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves and Authorizing the Transfer of Appropriations Between Funds for the Gateway Park Project. Gateway 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. Conversion of this property to a Park site requires the appropriation and transfer of General Fund revenue to "acquire" the property from the Water Utility, as well as the development of a new, safe entry way and restoration work at the site. This project is one of the main items in the Council's Policy Agenda and a cornerstone in the GOCO Poudre/Big Thompson Rivers Legacy Project. Ordinance No. 135, 1998, was unanimously adopted on First Reading on August 18, 1998 and authorizes the transfer of appropriations for acquisition and development of the Gateway Park project. 213 September 1, 1998 8. Second Reading of Ordinance No. 139, 1998, Authorizing the Grant of a Non-exclusive Utility Easement to Public Service Company of Colorado for the Relocation of an Overhead Feeder Line over .95 Acres of the Water Treatment Facility. Ordinance No. 139, 1998, which was unanimously adopted on First Reading on August 18, 1998, authorizes the City to grant a non-exclusive utility easement to Public Service Company of Colorado to accommodate the relocation of the overhead power line that runs through the Water Treatment Facility located on LaPorte Avenue. 9. Second Reading of Ordinance No. 140, 1998, Authorizing the City of Fort Collins to Grant a Non -Exclusive Access Easement To Amelia Walsh Allowing Access Across Meadow Springs Ranch. Ms. Amelia Walsh has recently purchased approximately 330 acres of land that is almost exclusively bordered by City -owned Meadow Springs Ranch. Ms. Walsh is requesting a permanent easement of 1.57 acres for access to her property across Meadow Springs Ranch. This easement would allow access from the existing County Road 87 west across the southeast one -quarter of Section 26, Township 11 N, Range 68 W ofMeadow Springs Ranch to her property. Ordinance No. 140,1998, which was unanimously adopted on First Reading on August 18, 1998 grants a non-exclusive access easement to Amelia Walsh. 10. Second Reading of Items Appropriating Funds for the Design and Construction of the Civic Center Parking Structure, Temporary Parking Lots, the Office Building and the Transit Center. A. Second Reading of Ordinance No. 141, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations for the Design and Construction of the Civic Center Parking Structure in Downtown Fort Collins. Ordinance No. 141, 1998 was unanimously adopted on First Reading on August 18, 1998 and appropriates $6,943,060, representing the City's share of the cost to design and construct the Civic Center Parking Structure and authorizes the transfer of $4,344,000 from the Facilities Master Plan project in the Capital Projects Fund, representing the County's share of the project cost. B. Second Reading of Ordinance No. 142, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Prior Year Reserves in the Sales and Use Tax Fund and Authorizing the Transfer of Appropriations Between Funds to be used for the Design and Construction of Temporary Parking Lots. 214 September 1, 1998 The existing parking on Block 21 (LaPorte Lot) and Block 31 will be displaced as a result of the construction planned for the Civic Center Parking Structure and the County's Justice Center. Ordinance No. 142, 1998, which was unanimously adopted on First Reading on August 18, 1998, appropriates funds, totaling $641,500, for the design and construction of temporary parking on Blocks 22, 32, and 33. C. Second Reading of Ordinance No. 143, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer ofAppropriations Between Funds for the Design and Construction of a City Office Building. Ordinance No. 143, 1998, which was unanimously adopted on First Reading on August 18, 1998, appropriates $11,578,449 in the Capital Projects Fund, Office Building, to design and construct a City office building. An office building was a component of the City's Civic Center Plan. D. Second Reading of Ordinance No. 144, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Prior Year Reserves in the Sales and Use Tax Fund and Authorizing the Transfer of Appropriations Between Funds for the Preliminary Design and Construction of a Downtown Transit Center. The City will renovate the Colorado and Southern Freight Depot, located on Block 22, to accommodate a transit center as a component of the Civic Center Plan. In addition, site improvements for busses are included in the project scope. Ordinance No. 144, 1998, was unanimously adopted on First Reading on August 18, 1998, authorizing the transfer of appropriations between funds for the preliminary design and construction of a Downtown Transit Center. 11. Second Reading of Ordinance No. 145, 1998, Authorizing a Long-term Lease of Real Properly Adjacent to the Civic Center Parking Structure to Phelps Program Management, LLC, for the Development of Commercial Space Along with Related Easements. In order to further mixed -use development objectives of the Civic Center Master Plan, the Parking Structure project includes commercial uses on the ground floor. The design plans call for approximately 16,000 square feet of commercial space to be included on the Mason Street side of the project. The developer of the commercial space is Phelps Program Management, LLC ("PPM"), an affiliate of the Hensel Phelps Construction Company, the design -build corporation selected to build the Parking Structure under a separate contract with the City. This Ordinance, which was unanimously adopted on First Reading on August 18, 1998, authorizes the City to enter into a long-term lease agreement with Phelps Program Management, LLC, for the development of commercial space. 215 September 1, 1998 12. First Reading of Ordinance No. 146, 1998, Appropriating Storm Drainage Fund Prior Year Reserves into the Canal Importation Basin Capital Project for the Acquisition of Land and Right -of -Way and the Update of the Canal Importation Master Plan. The Canal Importation Drainage Basin Master Plan identified the need for the establishment of a drainage channel across the property located on the southeast corner of Prospect Road and Taft Hill Road currently known as the Kane Property. The purpose of the channel is to convey stormwater from the outfall of the Fairbrooke Detention Pond, located on the southwest corner of the intersection, across the Kane Property, and connect into the previously constructed siphons under the New Mercer Ditch. The Kane Property consists of three lots totaling approximately 14 acres. There are no structures on the site, which has several ponds, stands of trees and pasture area. The Stormwater Utility and the Natural Resources Department have discussed the possibility of incorporating the proposed channel into a natural area over the past several years, but negotiations with the property owner have not been successful. However, Natural Resources and Facilities/Right-of-Way staff have recently successfully negotiated a contract on the property. The Canal Importation Master Plan needs to be updated to determine the amount of stormwater flows to be conveyed across the site and if any detention is required. Stormwater Utility staff is currently estimating that approximately half of the Kane Property will be required for channel and detention improvements. The improvements will be designed to coexist with and enhance the habitat value of the property. Stormwater Utility staff has estimated the cost for its share of the property to be $150,000. Once the Kane Property is acquired, interim storm drainage improvements will facilitate the drainage of the property and the outfall for Fairbrooke Pond. These improvements include minor grading of the property, regrading of Longsworth Road and opening the previously constructed siphons under the New Mercer Ditch to allow the area to drain into the Canal Importation Channel. These improvements will be designed to merge with the ultimate drainage improvements to the site. The estimated cost of these improvements is $30,000. 13. First Reading of Ordinance No. 147, 1998, Appropriating Prior Year Reserves in the Neighborhood Parkland Fund to be Used for New Park Site Development. Neighborhood park development is driven by, and funded by, residential development. Because residential development is proceeding at a rapid pace, there are presently four neighborhood parks under construction (English Ranch Park near Linton School, Westfield Park near Johnson School, Ridgeview Park near McGraw School, and Miramont Park on South Boardwalk). Two additional parks are planned for development in 1999 (Case Park near Fort Collins High and Cottonwood Park near the Quail Hollow subdivision). The rapid 216 September 1, 1998 growth of residential development has produced $400,000 in impact fee revenue over budget estimates. This money is needed to construct these neighborhood parks. The appropriation of prior year reserves from 1997 revenue into the new park development account will ensure that parks presently under development and future scheduled and proposed parks are adequately funded. 14. First Reading of Ordinance No, 148, 1998, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at 5.14% interest rate. The agreement is for an original term from the execution date of the agreements to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter, for a total term of five (5) years, subject to annual appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. 15. Items Relating to the Ruff Annexation and Zoning. A. Resolution 98-127 Setting Forth Findings of Fact and Determinations Regarding the Ruff Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 149, 1998, Annexing Property Known as the Ruff Annexation. C. Hearing and First Reading of Ordinance No. 150, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Ruff Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 106.16 acres located on the west side of County Road 9, south of East Harmony Road, north of County Road 36, and east of Timberline Road. The property is currently functioning as a homestead and farmland. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. The surrounding properties are zoned RL - Low Density Residential (to the north), FAl- Farming (to the east, in Larimer County), RL - Low Density Residential (to the west), and FAl - Farming (to the south, in Larimer County). Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. 217 September 1, 1998 APPLICANT: Woodcraft Homes, Inc. c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNER: Ron Ruff 5117 South County Road 9 Fort Collins, CO 80525 16. Resolution 98-118 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Poudre School District to Provide School Resource Officers. The Poudre School District (PSD) has asked Fort Collins Police Services to expand the current School Resource Officer program to include three officers for the six junior high schools (Blevins, Boltz, Lesher, Preston, Webber, and Lincoln) and one officer dedicated to Mountain View School on LaPorte Avenue. Adding four additional officers to an already over -burdened unit will compound supervision issues and exceeds the acceptable span of control. In order to be able to accommodate this request, an additional sergeant will be added to supervise the Youth Services Unit. PSD has agreed to finance the majority of the cost of four officers. 17. First Readinp, of Ordinance No. 151, 1998, Desi ng ating the J. M. Glick House, 425 East Laurel Street Fort Collins, Colorado, as a Historic Landmark Pursuant to Chanter 14 of the Code of the City of Fort Collins. The owners of the property, Steven and Pamela Inberg, are initiating this request for Local Landmark designation for the J. M. Glick House. The building is significant for its architectural importance, as a good example of Queen Anne architecture in Fort Collins, with excellent historical integrity. 18. First Reading of Ordinance No. 152, 1998, Desi ng ating the Vandewark House and Garage. 1109 West Oak Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Sally Thorns, is initiating this request for Local Landmark designation for the Vandewark House and Garage. The buildings are significant for their architectural importance, the house as an excellent example of English Revival architecture in Fort Collins, with excellent historical integrity; the garage as a contributing structure, dating to the period of significance. The buildings are also important for their association with Floyd Vandewark, a prominent Fort Collins businessman. 218 September 1, 1998 19. Resolution 98-128 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Board of the Great Outdoors Colorado Trust Fund and an Intergovernmental Agreement with Ten Partner Entities for the Poudre- Big Thompson Rivers Legacy Grant Project. This Resolution allows the City to enter into agreements with GOCO and with the other ten partners of the Poudre-Big Thompson Rivers Legacy Project for implementation of the project, which was awarded a $3.4 million grant by GOCO in 1996. The amount of $1,315,000, representing Fort Collins' portion of the $3.4 grant, will be used to purchase natural areas and to provide access to Gateway Park in the lower Poudre Canyon. 20. Resolution 98-129 Approving the Purchase of Depository Services from the First National Bank of Fort Collins as an Exception to the Competitive Procurement Process. Funds for the Depository Contract are in the recommended 1999 budget and will be requested in the 2000 budget process. First National Bank of Fort Collins, was selected as the City's Depository Bank by a Competitive proposal process in October of 1993. The contract was renewable annually through 1998. Based on resource and time required to complete a competitive process in 1998 and concerns of switching firms in the year 2000, the Finance Department is recommending extending the contract for two additional years. A competitive process for depository and other banking services will be completed and in place to start the year 2001. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 135, 1998, Appropriating Unanticipated Revenue and Prior Year Reserves and Authorizing the Transfer of Appropriations Between Funds for the Gateway Park Project. 8. Second Reading of Ordinance No. 139, 1998, Authorizing the Grant of a Non-exclusive Utility Easement to Public Service Company of Colorado for the Relocation of an Overhead Feeder Line over .95 Acres of the Water Treatment Facility. 9. Second Reading of Ordinance No. 140, 1998, Authorizin the he City of Fort Collins to Grant a Non -Exclusive Access Easement To Amelia Walsh Allowing Access Across Meadow Springs Ranch. 10. Second Reading of Items Appropriating Funds for the Design and Construction of the Civic Center Parking Structure, Temporary Parking Lots, the Office Building and the Transit Center. 219 September 1, 1998 A. Second Reading of Ordinance No.141,1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations for the Design and Construction of the Civic Center Parking Structure in Downtown Fort Collins. B. Second Reading of Ordinance No. 142,1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Prior Year Reserves in the Sales and Use Tax Fund and Authorizing the Transfer of Appropriations Between Funds to be used for the Design and Construction of Temporary Parking Lots. C. Second Reading of Ordinance No. 143,1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Appropriations Between Funds for the Design and Construction of a City Office Building. D. Second Reading of Ordinance No. 144,1998, Appropriating Unanticipated Revenue in the Capital Projects Fund and Prior Year Reserves in the Sales and Use Tax Fund and Authorizing the Transfer of Appropriations Between Funds for the Preliminary Design and Construction of a Downtown Transit Center. 11. Second Reading_of Ordinance No. 145, 1998, Authorizing a Long-term Lease of Real Property Adjacent to the Civic Center Parking Structure to Phelps Program Management, LLC, for the Development of Commercial Space Along with Related Easements. Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. First Reading of Ordinance No. 146, 1998, Appropriating Storm Drainage Fund Prior Year Reserves into the Canal Importation Basin Capital Project for the Acquisition of Land and Right -of -Way and the Update of the Canal Importation Master Plan. 13. First Reading of Ordinance No. 147, 1998, Appropriating Prior Year Reserves in the Neighborhood Parkland Fund to be Used for New Park Site Development. 14. First Reading of Ordinance No, 148, 1998, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. 15. Items Relating to the Ruff Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 149, 1998, Annexing Property Known as the Ruff Annexation. 220 September 1, 1998 B. Hearing and First Reading of Ordinance No. 150, 1998, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Ruff Annexation to the City of Fort Collins, Colorado. 24. Hearing and First Reading of Ordinance No. 153, 1998, Amending, the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Worthington Farm Rezoning. Councilmember Mason made a motion, secondedby Councilmember Bertschy, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. ("Secretary's Note: Councilmember Wanner arrived at 6:25 p.m.) Councilmember Reports Councilmember Byrne reported on the Finance Committee's discussions concerning the auditor selection process. Councilmember Mason reported on Growth Management Committee discussions relating to the incorporation of flood plain issues into the Poudre River land use plan and convenience stores with gas stations. Councilmember Kneeland reported on the Poudre School District Liaison Committee's discussions about Building Community Choices projects. Councilmember Bertschy reported on neighborhood rental properties task force activities. Mayor Azari reported on the United Way campaign and noted that she would propose an Other Business item concerning the Choice City Streets Comprehensive Plan. 221 September 1, 1998 Ordinance No. 153,1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Worthington Farm Rezoning, No Action Taken The following is staff's memorandum on this item. "Executive Summary 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 staffs recommendation for the zoning of an area or piece of property. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a free rezoning process to be completed 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. This is a request to rezone approximately 5.648 acres located east of South Shields Street and south of West Swallow Road from the LMN, Low -Density Mixed -Use Neighborhood, Zoning District to the R-L, Low Density Residential, Zoning District. APPLICANT. City of Fort Collins OWNER: John Worthington 4600 CR 92 Carr. CO 80612-9501 BACKGROUND: On February 18, 1997, the City Council began the final steps to complete a two-year long process to update the City's Comprehensive Plan with the passage of Resolution 97-25, adopting the Community Vision and Goals 2015 document, the City Structure Plan map, and the City Plan Principles and Policies document as the three major elements of the new City Plan. On March 18, 1997, the process continued as the Council adopted Resolution 97-44, amending the City Structure Plan map, and the passage of Ordinance No. 51, 1997, and Ordnance No. 52, 1997, codifying anew Land Use Code and anew Zoning Map, respectively. The City Structure Plan map was initially adopted in November 1996. In the period between November 1996, and March 1997, the new Zoning Map was developed. The development of the Zoning Map caused a reevaluation of the Structure Plan map and resulted in over 40 changes, which, as indicated, were approved by the Council in March. In addition, at the time of the adoption of Ordinances No. 51 and 52, 1997, 222 September 1, 1998 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 staffs recommendation for the zoning Of an area or a piece ofproperty. Rather than delay the adoption of the new Land Use Code until all issues could be resolved, the issue areas were guaranteed a rezoning process to be completed after adoption of the ordinances. The process would look again at the City Structure Plan map and potential zoning designation. This property is one such issue area. In March 1997, there were basically two choices for the zoning of the property: utilize staffs recommendation for the LAM, Low -Density Mixed -Use Neighborhood, Zone, orplace the property into the T, Transition, Zone. The first option was used knowing the property's zoning would be reviewed with the property -owner and surrounding residents within one year. The surrounding zoning and land uses are as follows: N.• R-L, Low Density Residential, Woodwest single-family subdivision S: MMN, Medium -Density Mixed -Use Neighborhood, Cunningham Corners, mix of attached single-family and multi family apartments primarily developed as PUDs through the Land Development Guidance System E: R-L, Woodwest single-family subdivision W.- R-L, single-family subdivisions This property was annexed into the City as part of the Worthington Farm First Annexation in 1971, and was placed into the R-L, Low Density Residential, Zoning District. The R-L Zone was for lox density residential areas located throughout the city. Rezoning: The applicant, the City of Fort Collins, on behalf of the property -owners adjacent to the subject property, requests that the City rezone approximately 5.648 acres located east of South Shields Street and south of West Swallow Road from the LMN, Low -Density Mixed -Use Neighborhood, Zoning District to the R-L, Low Density Residential, Zoning District. See attached letters from adjacent property -owners. There are no immediate development plans for the property. The property -owner, John Worthington, wants to retain the LAIN, Low -Density Mixed -Use Neighborhood, Zone for the property. While there are no immediate developmentplansfor theproperty, the owner contemplates developing multi family housing on the site at some point in the future. The major factor which the Board must consider when evaluating this rezoning request is: What zoning would be consistent with City Plan, the City's Comprehensive. 223 September 1, 1998 The City Structure Plan map of City Plan depicts three types of residential neighborhoods: Urban Estate, for low density neighborhoods located primarily at the periphery of the urbanized area providing transitions to more rural and open lands at the edges; Medium -Density Mixed -Use Neighborhoods, designed to provide the locations for higher density residential development to support community and neighborhood commercial districts and the City's mass transit system; and Low -Density Mixed -Use Neighborhoods, for the bulk of the community. The development of the new Land Use Code and Zoning map attempted to translate the general land use character of the Structure Plan into implementable and enforceable ordinances. The first draft of the Zoning Map placed all existing low -density single-family residential areas and undeveloped areas planned as low -density mixed -use neighborhoods on the Structure Plan into the LAM Zone. Since all new zoning districts are to some extent mixed -use zones allowing a variety of residential housing types and densities and non-residential uses, it was recognized that placement of the LMN Zone on existing single-family subdivisions could have a negative impact on these areas. A decision was made to retain the former R-L Zone, instead of eliminating it, and apply it to existing single- family subdivisions, rather than place these areas into the new LMN Zone. Undeveloped/vacant land and areas which were either underdeveloped or could be potential locations for redevelopment activities were retained in the LMNZone. In fact the Purpose ofthe R-L Zone, as stated in the Land Use Code is as follows: "TheR-L Low Density Residential District designation is intendedforpredominantly single- family residential areas located throughout the city which were existing at the time of adoption of this Land Use Code. " The above, briefly, explains how the Woodwest Subdivision retained its R-L Zoning and how the subject property was recommended to be placed into the LMN Zone. The LMN Zone and the other new zoning districts are designed to implement the principles and policies of City Plan, which include but are not limited to: o providingfor a variety ofhousing types and densities in all neighborhoods (Principle HSG-1), o fostering stability and enhancement of neighborhoods (Principle HSG-3), o promoting compatible infill (Principle GM-8), and o encouraging the use of transportation alternatives to reduce the dependence upon the private automobile (Principle T-1). In many ways, the Woodwest Subdivision adjacent to the subject property is the perfect example of a land use development pattern contrary to the principles and policies of City Plan. The Woodwest 224 September 1, 1998 Subdivision is located on a large tract of land, developed predominantly with a single type of land use (low density detached single-family homes), with a loop, cul-de-sac type street pattern, i.e., a land use and design pattern which has been identified as being primarily responsible for creating dependancy on the private automobiles, leading to traffic congestion which is the primary source ofthecommunity's airpollutionproblems. While there are some multi family developments adjacent to the subdivision, they arephysically isolated and are not integral parts ofthe neighborhood. It is probably safe to say that City Plan intends to never let a Woodwest type subdivision development pattern happen again in Fort Collins because it does not meet the requirements for: minimum density, mix of housing types, mix of uses, and street connections and block standards. The areas retained in theLMNZone are scattered throughout the community. Those located within the defined "infill" area offer small opportunities for the mixing of residential densities and non- residential land uses in the existing developed potions of the city. City Plan takes special care to assure that infill development will have minimal impact on existing developments as expressed in the following Principle and Policy: PRINCIPLE EXN-1: Most existing residential developments will remain largely unaffected by these City Plan Principles and Policies. Policy EXN--1.4: For parcels under 20 acres, such infill and redevelopment activity will be supported if designed to complement and extend the positive qualities of surrounding development and adjacent buildings in terms ofgeneral intensity and use, street pattern, and any identifiable style proportions, shapes, relationship to the street, pattern ofbuildings and yards, andpatterns created by doors, windows, projections and recesses. Compatibility with these existing elements does not mean uniformity. Forms of potential infill development include: * The addition of new dwelling units on vacant lots and other undeveloped parcels surrounded by existing residential development. * Dwelling units added to existing houses. * Small detached dwellings added to lots ofsufcient size with existing houses. * Redevelopment ofproperties. * Neighborhood -related, non-residential development. The subject property is a potential site for the first and last of the above listed types of infill development, i.e., new dwelling units on undeveloped parcels surrounded by existing residential development and/or neighborhood -related, non-residential development. There is no policy in City Plan that states that only single-family housing can be built next to existing single-family housing. 225 September 1, 1998 The type ofdevelopment patterns envisioned in City Plan and allowed in these infill areas would be minor in scale, likely would not have a major impact on achieving the goals of City Plan (when compared to the larger tracts of undeveloped land in new development areas), but would also not likely negatively effect existing neighborhoods given the design standards contained in Article 3 of the Land Use Code, specifically section 3.5.1 Building and Project Compatibility. This section of the Code basically requires that infill uses in existing developed areas be compatible with the established architectural character ofsuch areas by using a design that is complimentary to existing uses and includes criteria for the following: Architectural Character Building Size, Height, Bulk, Mass, Scale Building Orientation Privacy Considerations Building Materials and Color Building Height Review Land Use Transition Outdoor Storage Areas/Mechanical Equipment Hours of Operation/Physical Compatibility Standards Staff believes the potential for mixing land uses in exiting developed areas, however minor, would be beneficial and potential negative impacts can be mitigated by the standards of the Land Use Code. If non -single family residential and non-residential development can be made compatible with single-family uses in newly developing LMN areas they should also be able to be made compatible within existing developed areas. If not, the whole premise of the LMN Zone maybe in error. Staff, thus, believes the LMNZone for the subject property would be abetter zone to help implement City Plan than the R-L Zone. The R-L Zone is limited to just detached single-family dwelling units while the LMN could allow a variety of housing types and densities and even some non-residential (neighborhood oriented) development. At approximately 5.648 acres in size, the potential number of residential units could be as low as 16 units (given the modification allowed to lower density in the "infill " area in the form of eight duplexes or one 4 plex and two 6 plexes - the LMNZone limits multi family structures to 6 units per building), or between 28 and 45 units (the standard LMN density requirement range of 5 to 8 units per acre). Depending upon project design and property constraints, the upper range ofpotential units could mean 14 duplexes or one 3 plex and seven 6- plexes. Qualified affordable housing projects could be proposed at a density of 12 units per acre. Certain non-residential uses could be allowed aspart ofa "neighborhood center " including a child care center, small (less than 5,000 square feet) retail stores, standard and fast food restaurants, personal and business service shops, and offices, financial services and clinics. Other types of non- residential uses, for example convenience retail stores with fuel sales, would not be allowed due to the 314 mile spacing requirement and the proximity to similar uses along Shields Street. 226 September 1, 1998 NEIGHBORHOOD MEETING: A "neighborhood meeting" was conducted by staff with the immediate adjacent property -owners with regards to this rezoning request on February 10, 1998. A second meeting was conducted by staff on April 8, 1998, and included the property -owner and several adjacent property -owners. In addition, letters were mailed to affected property -owners informing them of the scheduled dates for Board's and City Council's consideration of the rezoning request. A series of meetings were held between the property -owners and representatives of adjacent property -owners in an attempt to reach a private agreement regarding future development of the property. Those meetings failed to reach a mutually satisfactory conclusion. FINDINGS OF FACT/CONCLUSION: The subject property was placed into the LMN, Low -Density Mixed- Use Neighborhood, Zone in March 1997. 2. The LMN, Zone is consistent with the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends denial of the requested R-L Zoning District. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its July 16, 1998, meeting voted 3-2 to recommend approval of the rezoning request. A copy of the Board's minutes is attached. " Ken Waido, ChiefPlanner, presented background information concerning the proposed Worthington Farm Rezoning and stated that the key issue is determining the appropriate zoning to implement the policies of City Plan. Staff believes that LMN zoning would be more appropriate and therefore recommends the denial of Ordinance No. 153, 1998, which would rezone the property to the requested R-L zoning. The Planning and Zoning Board voted 3-2 to recommend that Council rezone the property to the requested R-L zoning. Councilmember Mason asked if a convenience store without gas pumps would be allowed at that site. Waido stated that there is a separate spacing requirement for retail uses, and a convenience store without gas pumps would therefore not be allowed. Councilmember Smith asked what type ofreview would be required for anyproj ect proposed for this area if LMN zoning is retained. Waido explained the difference between Type 1 and Type 2 reviews and described the review criteria and processes. 227 September 1, 1998 Dale Rushneck, 3194 Worthington Avenue, spoke representing the adjacent and abutting property owners in support of R-L zoning. RogerNasci, 3186 Worthington Avenue, spoke regarding neighborhood concerns and supported R-L zoning. Tom Peterson,1718 Scarborough Drive, representing the Worthington family, spoke concerning the financial impact ofdownzoning on the Worthingtons and described discussions and negotiations that have taken place with the City and the neighbors. He stated that LMN zoning would better meet the goals, objectives and policies of City Plan. Jerry Stahmer, 918 Richmond Drive, favored a lower density zoning for the property and commented on the extent of neighborhood opposition, the impact of higher density on traffic congestion, and the possibility that the code could be changed to allow a convenience store with gas pumps. Yolanda Nicely, 517 East Trilby Road #130, spoke regarding the need for zoning favorable to affordable housing. Bruce Rodean, 3195 Worthington Avenue, expressed concerns about Gunnison Avenue egress. Ann Brannigan-Kelly, a renter in Five Oaks, stated that LMN zoning will tip the scales toward a commercial rather than residential character for the area. Coleen Brown, Chaparral Subdivision, supported preserving the residential character of the area. John Worthington, 4600 County Road #92, Carr, Colorado, supported retaining the LMN zoning. Jackie Worthington, 4600 County Road #92, Carr, Colorado, spoke in support of LMN zoning. Kevin Hart, 3301 Santa Fe Court, spoke concerning the impact of LMN zoning on properties adjacent to the Worthington parcel. Adam Weinrich, 3384 Gunnison Drive, spoke regarding the character of the neighborhood. Laura Sandell, 3201 Fairplay Court, expressed concerns about traffic issues and changing the integrity of the neighborhood and supported R-L zoning. Councilmember Bertschy asked if the reserved right-of-way off Gunnison could be limited to bicycle and pedestrian traffic. Waido stated that decision would be made at the development stage and would depend on the ultimate use of the Worthington Farm property. 228 September 1, 1998 Councilmember Mason asked what uses would have been permitted in the R-L zone under the Land Development Guidance System and commented that permitted uses are more predictable under City Plan. Waido described the permitted uses and the criteria and P.U.D. process that would have been followed under the LDGS and noted that permitted uses are now more narrowly defined under City Plan. Mayor Azari asked for clarification concerning the zoning designations and existing uses for properties near the Worthington parcel and asked about permitted uses in the LMN zone. Waido described the residential and nonresidential uses permitted in the LMN zone. NO ACTION TAKEN ON THE ORDINANCE. Councilmember Smith commented concerning opportunities for continued participation in the development review process and spoke regarding the role of individuals in creating communities. Councilmember Kneeland spoke concerning the integrity of neighborhoods and the continuing need to focus on design issues in mixed use areas to keep the scale of commercial development less intrusive. Councilmember Bertschy stated that the deciding factor for him is that it is the right of the land owners to have a preference on zoning. However, any future development will need to be compatible with the neighborhood. Councilmember Mason spoke concerning the emphasis during the work on City Plan that new developments need to be compatible with neighborhoods and noted that any development on the site must meet extensive neighborhood compatibility criteria. He encouraged the neighborhood to stay involved during the development process. Mayor Azari commented concerning the difficulty of change as development occurs and the need to balance the rights of the property owners with the needs and desires of neighborhoods. There will be opportunity for the neighborhood to be heard when and if there is a development proposal for the property. 229 September 1, 1998 Ordinance No. 135,1998, Appropriating Unanticipated Revenue and Prior Year Reserves and Authorizing the Transfer of Appropriations Between Funds for the Gateway Park Project. Adopted on Second Reading The following is staffs memorandum on this item. "Executive Summary Gateway 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. Conversion of this property to a Park site requires the appropriation and transfer of General Fund revenue to "acquire" the propertyfrom the Water Utility, as well as the development of a new, safe entry way and restoration work at the site. This project is one of the main items in the Council's Policy Agenda and a cornerstone in the GOCOPoudre/Big Thompson Rivers Legacy Project. Ordinance No.135, 1998, was unanimously adopted on First Reading on August 18, 1998 and authorizes the transfer of appropriations for acquisition and development of the Gateway Park project. " Mike Powers, CLRS Director, spoke concerning the partnerships and efforts that have brought the project to this stage, described the proposed project, and stated that the Ordinance is a first step leading to the design and construction of the Gateway Park project. If the ordinance is adopted, an interdepartmental staff team will begin to work with various City boards to determine how the park will be designed and used to balance the needs of people with a sensitive environment. The project is expected to be complete by the summer of 2000. Councilmember Smith asked if there are time sensitive elements to acting on this Ordinance. Powers stated that the window of opportunity is smaller for construction of mountain projects, and delays could jeopardize the intricate and delicate partnership among ten governmental agencies that have historically competed for funds. CouncilmemberBertschy made amotion, seconded byCouncilmember Wanner, to adopt Ordinance No. 135, 1998 on Second Reading. Tim Johnson, 1337 Stonehenge Drive, spoke concerning the history of the issue and supported the Ordinance. He emphasized the importance of involving the Natural Resources Advisory Board during the design stage. Phil Murphy, Natural Resources Advisory Board Chair, spoke regarding the long history of Board support for the project. He noted that the Board will be discussing the issue at its September 2 meeting and has therefore not yet been able to take a formal position on the matter. 230 September 1, 1998 David Lipp, 626 Remington Street, supported adoption of the Ordinance. Randy Fisher, Natural Resources Advisory Board member, noted that the Board has not yet had the opportunity to discuss this matter and stressed the importance of involving the NRAB in discussions involving the use of natural areas money. Kelly Ohlson, 2040 Bennington Circle, stated that this matter should have been reviewed by the Natural Resources Advisory Board prior to Council consideration of the Ordinance. He opposed using Conservation Trust Fund and open space dollars for road improvements. David Lauer, Chair of Friends of the Poudre, spoke in support of the Ordinance Councilmember Wanner asked about earlier Natural Resources Advisory Board discussions concerning Gateway Park. Natural Resources Director Tom Shoemaker noted that a chronology of NRAB involvement in the matter has been compiled. Councilmember Mason asked if there will be subsequent NRAB design review and a management plan prepared by staff. Shoemaker stated that there will be NRAB involvement in reviewing the design and the management plan. Councilmember Bertschy asked if other stakeholders will also be involved in the management plan. Powers stated that the stakeholders will be involved in either decision -making or advisory roles, and this will be an open public process. Councilmember Bertschy asked about the use of natural areas and open space funds for roadway improvements. Shoemaker stated that the project includes improved access to the proposed park, rather than general highway improvements to Highway 14. Councilmember Bertschy asked if the land is owned by the Utility or by the City. City Manager Fischbach stated that the land is owned by the City Water Utility. Councilmember Wanner asked if the proposed budget and funding sources have been presented earlier. Shoemaker stated that this specific funding package has not been presented to the NRAB. Councilmember Byrne spoke in support of the project as a boost to the open space program. Councilmember Kneeland stated that this project has been a policy agenda item for at least the last five years and thanked staff for its work in putting the partnership together to make the project happen. Councilmember Bertschy supported proceeding with the project. 231 September 1, 1998 Councilmember Wanner stated that the use of the funds is appropriate and supported the project. Councilmember Mason supported the Ordinance and noted the timing urgency on proceeding at this time. He noted that the NRAB will have opportunities to review the design and management plan for the park and commented on the challenge of developing a management plan that will preserve the quality of the area while affording access. Councilmember Smith spoke concerning the long history of efforts to make this project a reality and noted the mix of funding for the project. Mayor Azari spoke concerning the history ofthe project and commented that the park will contribute to the quality of life in Fort Collins. 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. ("Secretary's Note: Councilmember Bertschy left the meeting at 8:50 p.m.) Resolution 98-118 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the Poudre School District to Provide School Resource Officers, Adopted The following is staff's memorandum on this item. "Executive Summary The Poudre School District (PSD) has asked Fort Collins Police Services to expand the current School Resource Officer program to include three officers for the six junior high schools (Blevins, Boltz, Lesher, Preston, Webber, and Lincoln) and one officer dedicated to Mountain View School on LaPorte Avenue. Adding four additional officers to an already over -burdened unit will compound supervision issues and exceeds the acceptable span of control. In order to be able to accommodate this request, an additional sergeant will be added to supervise the Youth Services Unit. PSD has agreed to finance the majority of the cost of four officers. For first year program costs, PSD will provide $150,000 on January 1, 1999 followed by an annual contribution on September 15, 1999 of $297, 740 plus a school finance act increase compounded for that year. PSD will provide a base funding level of $297, 740 annually plus a school finance act increase for each future year. In addition, Police Services has been awarded a grant totaling $375, 000 from the U.S. Department of Justice under the COPS UNIVERSAL program (Clinton Cops Program). This grant is in effect for three years and will provide partial funding ($25, 000 per officer per year) for four additional school resource police officers and one Youth Services sergeant. 232 September 1, 1998 The combined contributions of the PSD and COPS UNIVERSAL program will finance the majority of the cost of the four additional school resource officers and one sergeant for three years. The additional cost of $76, 724 will be provided by the General Fund for the first year. These funds (PSD, COPS Universal and General Fund) will be appropriated in the 1999 budget. No additional General Fund Monies are needed in years two and three. Once the grant funds have been depleted, the City's General Fund will finance the cost of the sergeant and remaining SROs' cost ($129,293 for the fourth year). The breakdown ofprogram costs and funding follows: PSD FEDERAL SHARE SHARE Year $447,740 $125,000 Year 2 306,672 125,000 Year 3 315,872 125,000 Year 4 325,349 -0- LOCAL TOTAL SHARE $ 76, 724 $649, 464 < 7,257> 424,415 <1,604> 439,268 129,293 454,642 The grant money has been made available from the 1994 crime bill and focuses on Community Oriented Policing. The officers hired under the COPS UNIVERSAL grant will be assigned to the six junior high schools and the Mountain View School. These officers will engage in all areas of school community policing. Years two and three of the program will be solely funded by the PSD and the COPS UNIVERSAL grant fund. After the grant expires (year four), the program will be jointly financed by the PSD ($325,349) and the City's General Fund ($129,293). " Dennis Harrison, Police Chief, spoke concerning the history, role, successes and proposed funding of the School Resource Officer program. The Resolution would expand the program to place officers at junior high schools. Councilmember Byrne asked for input from one of the School Resource Officers. Suzanne Rice, School Resource Officer assigned to Rocky Mountain High School, spoke concerning her experiences with the program. Councilmember Smith asked why the SRO program is conducted at only three of the four high schools. Ken Forrest, Poudre School District, stated that Centennial High School is a small alternative school and has elected not to have a full-time officer, although additional coverage for Centennial will be included in the expanded SRO program. Councilmember Smith asked about the allocation of one officer for Mountain View School. Mr. Forrest explained that the school is for referred students with significant behavioral or other problems and poses higher security risks. 233 September 1, 1998 Councilmember Smith asked how the line is drawn between the authority of the School Resource Officer and the school administration. Mr. Forrest stated that the school district issues a Parents Rights and Responsibilities booklet outlining written expectations for the SRO program and noted the importance of the officers working well within the culture of each school. Councilmember Byrne asked whether School Resource Officers are involved in drug, alcohol or traffic safety educational programs for students. Rice stated that the officers are heavily involved in such educational programs. Councilmember Kneeland stated that the Health and Safety Committee is supportive of the educational focus of the School Resource Officer program. Councilmember Smith spoke regarding the potential benefit of the SRO program to other alternative programs that are outside the Poudre School District system. Chief Harrison stated that there is no permanent program in place at this time for more than limited interaction with private programs. John Olander, Lincoln Junior High School Principal, spoke concerning how the SRO program works in the schools and the value of the program to the school system. Councilmember Byrne made amotion, seconded by Councilmember Mason, to adopt Resolution 98- 118. Marcia Fitzhom, 2101 Rollingwood Drive, PSD volunteer, expressed concerns regarding police in schools and suggested including a broad representation of community and parents in any further development of the program. David Lipp, 626 Remington, opposed the "big brother" aspects of the program. Mike Nicely, 517 East Trilby Road #130, supported the program. Councilmember Kneeland requested information about how parents are involved in the process if there is trouble. Councilmember Mason asked about the policies for questioning students. Harrison stated that there is parental involvement, and there are laws protecting children during any interview process. Mr. Olander spoke concerning his experiences with the process. Councilmember Smith spoke concerning the communities and schools model and bringing resources to bear where the problems occur. Councilmember Kneeland supported the Resolution and stated that the Health and Safety Committee will continue to discuss some of the issues that have been mentioned. 234 September 1, 1998 Councilmember Mason spoke in support of the Resolution as one means of addressing youth issues, community policing, and cooperation with the school district. Mayor Azari spoke regarding the partnership with the school district concerning the SRO program and the need to expand the program to the junior high schools. She asked for future discussion concerning the relationship of the SRO program to the communities near the schools. The vote on Councilmember Byme's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 98-128 Authorizing the City Manager to Enter into an Intergovernmental Agreement with the Board of the Great Outdoors Colorado Trust Fund and an Intergovernmental Agreement with Ten Partner Entities for the Poudre-Big_Thompson Rivers Legacy Grant Project. Adopted The following is staff s memorandum on this item. "Financial Impact Adoption of Resolution 98-128 allows the City to accept approximately $1,315,000from GOCOfor implementation of Fort Collins' portion of the Poudre-Big Thompson Rivers Legacy Project. Required matching funds of approximately $5,320,000 have already been identified. Executive Summary This Resolution allows the City to enter into agreements with GOCO and with the other ten partners of the Poudre-Big Thompson Rivers Legacy Project for implementation of the project, which was awarded a $3.4 million grant by GOCO in 1996 The amount of $1,315,000, representing Fort Collins' portion of the $3.4 grant, will be used to purchase natural areas and to provide access to Gateway Park in the lower Poudre Canyon. BACKGROUND: In July 1996, the City Council adopted Resolution 96-85 in support ofthe application for the GOCO Poudre-Big Thompson Rivers Legacy Project Grant. Letters in support of the application were also written. The amount of $3.4 million was then granted by GOCO. 235 September 1, 1998 Partners in the project are City of Fort Collins, City of Greeley, City of Loveland, Larimer County, Weld County, Town of Windsor, Estes Valley Recreation and Park District, The Nature Conservancy, Poudre River Trail Corridor, Inc., State of Colorado Division of Wildlife, and the State of Colorado Division of Parks and Outdoor Recreation. Together, the partners will contribute significant matching funds and, through implementation of the grant, will protect over 8, 000 acres of natural areas and open space, including approximately 900 acres along the Poudre River in the Fort Collins area; enhance recreational opportunities through completion oftrail projects in the Greeley and Estes Parkareas and opening ofrecreational access to the 377-acre Gateway Park; acquire public access to approximately two square miles of natural and wilderness area at the confluence of the North Fork of the Cache la Poudre with the Cache la Poudre River; increase educational opportunities along the River by building the Poudre Learning Center near Greeley; build the State of Colorado Department of Parks and Outdoor Recreation's portion of the CSU Environmental Learning Center/Visitor Welcome Center; and develop interpretation features along the Poudre River trail in the Fort Collins area. Matchingf nds for Fort Collins'portions of natural area acquisitions and education features of the grant are available from dedicated natural areas tax revenues. A resolution and ordinance appropriating matching funds for Gateway Park portion of the project were approved on First Reading on August 18. The Natural Resources Advisory Board and the Parks and Recreation Board are discussing funding sources for this project with staff. Adoption of this Resolution provides for the execution of grant documents, but the grant documents do not obligate City funds. The partners have worked diligently over the past two years on the implementation of the Poudre- Big Thompson Rivers Legacy Project. This Resolution allows the City of Fort Collins to sign these agreements at a crucial this time so that all elements of the Poudre-Big Thompson Rivers Legacy Project can proceed. " Tom Shoemaker, Natural Resources Director, made the staff presentation and gave the background on the item. Councilmember Smith made a motion, secondedby Councilmember Mason, to adopt Resolution 98- 128. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. 236 THE MOTION CARRIED. Other Business September 1, 1998 Councilmember Smith spoke about the need for a study session on the Choice City Streets Comprehensive Plan. Councilmembers Kneeland and Mason spoke concerning the materials presented to the Growth Management Committee and suggested that other Councilmembers receive the same information. Councilmember Kneeland requested an executive summary of the Plan. Councilmember Byrne asked that the Finance Committee be provided with information concerning the budget surplus process and how funds will be used. Adiournment The meeting adjourned at 9:55 p.m. i r or ATTEST: IT1411I. 237