HomeMy WebLinkAboutMINUTES-03/18/1997-RegularMarch 18, 1997
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 18, 1997,
at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Phil Walker, representing Building Community Choices committee members and residing at 636
Cheyenne Drive, spoke in support of Building Community Choices ballot issues and thanked
Council for presenting the issues to the voters.
Fran Ward, 1024 Oxford Lane #45, supported extending the 1/4 cent sales tax for capital
improvements.
Beth Cloud, representing CoPirg, urged Council to adopt a resolution in opposition to HB1176
regarding air quality standards. She stated the proposed House Bill was in violation of the federal
Clean Air Act of 1977 by allowing the EPA to take the place of local government in enforcement.
AI Baccili, 520 Galaxy Court, strongly opposed the Building Community Choices ballot issues.
David Roy, 1039 West Mountain Avenue, thanked Councilmembers Apt, Janett and McCloskey for
their hard work during their Council terms.
Citizen Participation Follow-up
Councilmember Janett requested the Legislative Review Committee review HB 1176.
Councilmember Apt responded to Councilmember Janett's request and stated the Committee would
be reviewing the previously referenced House Bill H 76.
City Manager John Fischbach noted that a revised Ordinance No. 51, 1997, was placed in the "Read
Before the Meeting" folder.
342
March 18, 1997
'CONSENT CALENDAR'
The Consent Calendar consists of Item Numbers 7 through 25. This Calendar is intended to allow
the City Council to spend its time and energy on the important items on a lengthy agenda. Staff
recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be
"pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent
Calendar by the Public will be considered separately under Agenda Item #26, Public Pulled Consent
Items. Items pulled from the Consent Calendar by staff or Councilmembers may be considered
separately under Agenda Item 432, Council/Staff Pulled Consent Items.
7. Second Reading of Ordinance No. 46- 1997- Authorizing the Mayor to Execute a Deed o
Conveyance •r the Sale of CertainReal , Property and Appropriating • , ' •
Revenue from this Sale to the Stormwater Fund,
Anchor Development Corporation has been going through the planning process to develop
Swallow Townhomes PUD just to the north of remainder of the abandoned ditch: Right -of -
Way negotiated with Anchor Development to purchase the remainder of the ditch for
$1 /square foot, reserving the same with a blanket easement for access for the Stormwater
Department. This Ordinance, which was unanimously adopted on First Reading on March
4, 1997, will save the City annual maintenance costs and will result in unanticipated revenue
of the Stormwater Fund.
111 • -u"1
Ordinance No. 47, 1997, was unanimously adopted on First Reading on March 4 and
appropriates funds to be used to construct the City's share of the detention pond, the storm
sewer crossing under South Shields Street, and channel improvements on the east side of
South Shields Street connecting into an existing open channel. These improvements will
alleviate the potential of flooding downstream properties due to increase runoff from existing
and future development. The developer will construct the drainage improvements.
1 • • 1 - ' - , 1 • •MOR 1 , Wipffer,
Ordinance No. 48, 1997, which was unanimously adopted on First Reading on March 4,
removes references to the "Campaign Reform Act" in Chapter 7 of the City Code.
343
March 18, 1997
10. Second Reading of Ordinance No. 49, 1997. Amending Chapter 2 of the Cit�elatinng
to the Commission on Disability,
Ordinance No. 49, 1997, which was unanimously adopted on First Reading on March 4,
makes certain language changes in the City Code. These changes are housekeeping changes
and do not change the basic functions of the Commission.
General11. Second Reading of Ordinance No. 50. 1997. Aooroariatin-a UnN4���*w�wue it th
•r the LibraEy Outreach Program.
Larimer County provides funds to each of the six library service providers in Larimer
County. The payment of $116,382 is Fort Collins' share of the total contribution to provide
library services to County residents. Ordinance No. 50, 1997, which was unanimously
adopted on First Reading on March 4, appropriates $29,096 for these purposes.
12. First Reading of Ordinance No. 54. 1997. Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment and
Appropriating Related Unanticipated Revenue
In August 1996, the City solicited proposals from 13 firms for lease -purchase financing for
the City's vehicle and equipment requirements. The proposal which meets all City
requirements and which offers the lowest net effective interest rate of 5.79% for seven years
was received from Koch Financial Corporation. After City Council approval, a lease
agreement was entered into with Koch Financial, effective on October 14, 1996, in the
amount of $1,607,683. The City has additional lease -purchase financing requirements for
vehicles and equipment amounting to $311,948. Koch Financial has offered an interest rate
of 5.32% on this lease package. Staff believes acceptance of this interest rate is in the City's
best interest.
This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing
agreement with Koch Financial Corporation at 5.32% interest rate, for the purchase of
required vehicles and equipment. The agreement will be for an original term of one-year
from the execution date of the agreements. Total lease -purchase payments shall not exceed
amounts already appropriated for 1997. The agreement will provide for renewable one-year
terms thereafter, 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.
344
March 18, 1997
13. First ReadinQ of Ordinance No. 55 1997 Vacating Certain Street Ri2hts-ofXF4-�,�,
with the Plat of the StockbridQe PUD.
The owner of the property previously known as the Stockbridge PUD, located on the south
side of Horsetooth Road west of Shields Street, has requested the vacation of the previously
platted local residential street rights -of -way dedicated with the original plat for the PUD
(which was entitled "Stockbridge Village PUD" and recorded in 1981). None of the local
residential street improvements for the Stockbridge PUD have been constructed. In addition,
the owner has since received preliminary Planning and Zoning Board approval for a new
PUD with a different local street layout. Currently, a final PUD on the property (known as
Westfield Park PUD) is in the City's development review process. The owner has therefore
requested vacation of the previously platted local residential street rights -of -way at this time
so that the property can be replatted for the new street rights -of -way necessary to
accommodate the current development proposal or future proposals on the property.
The rights -of -way for Horsetooth Road adjacent to the property and for Seneca Street, a
collector street which bisects the property, will remain as dedicated with the original plat in
conformance with the Master Street Plan.
�WMEIUOJIVM'• l• 4 l•• 1 ' 4 • 4
The owners of the property, Harmony Properties, are initiating this request for Local
Landmark designation for the Harmony School. The school is significant for both its history
and its architecture. The building is a good example of the Art Deco architectural style, and
is one of only a handful of Art Deco public buildings in Fort Collins. Built in 1931, the
building further represents Depression -era construction in Fort Collins. The school is also
important for its association with the agricultural community of Harmony, having served as
an educational and community center for the farm families in the district.
15. Resolution 97-34 Authorizong the City Manager to Enter into an Intergovernmental
A�!reement with the Colorado Department of Transportation Amending that Certain Access
Control Plan for Harmony Road/SH 68 Between Boardwalk Drive and 1-25
In 1989, the City of Fort Collins and the Colorado Department of Highways (now Colorado
Department of Transportation [CDOT]) entered into an Intergovernmental Agreement that
provided for a comprehensive access control plan for State Highway 68 (Harmony Road)
from Boardwalk Drive to I-25. Approval of this Resolution amends the Harmony Road
Access Control Plan to allow for an additional right-in/right-out access between Wheaton
Drive and McMurry Avenue on the north side of Harmony Road.
345
March 18, 1997
On October 7, 1996, the Planning and Zoning Board approved the Harmony Safeway
Marketplace, Phases One and Two, Final PUD. The Site Plan for the development includes
a right-in/right-out access along Harmony Road approximately 840 feet east of Wheaton
Drive. This access point is not included in the Harmony Road Access Control Plan. An
amendment to the plan is required prior to the applicant receiving an access permit on
Harmony Road.
16. Resolution 97-35 Establishing Rental Rates to be Charged for the City's Surplus Raw Wate
for the 1997 Season.
This Resolution approves rates for the rental of the City's surplus raw water. Each year prior
to the irrigation season, the City's Water Utilities Board ("the Board") makes a
recommendation to the Council on the rental rates to be charged for the City's surplus raw
water. The surplus water rental program was discussed at the February 20, 1997 meeting of
the Board. The proposed rental rates are based on several factors including past rental rates,
assessment rates, and anticipated supply and demand conditions.
17. Resolution 97-36 AuthorizinEz the Executionof a Grant Agreement with the Colorado
Divisionof • : for • • of Asphalt,Sealing-
MunicipalOverlay- and Replacement of Aircraft Parking Tie -Downs at the Fort Collin s/Lovel and
I•
The Cities of Fort Collins and Loveland have received a grant offer from the Colorado
Aeronautics Division in the amount of $48,500. This funding will pay for contract services
for the application of asphalt sealers, asphalt maintenance, taxiway overlay, and replacement
of aircraft parking tie -downs. These funds will be used to pay 50% of the project cost. The
remaining 50%, or sponsor's share, will be provided through Airport funds previously
budgeted to match grant offers.
• II I I• IiT* mii4goTen• , • • •I
In January 1993, Council adopted Resolution 93-13 approving an Intergovernmental
Agreement (IGA) between the City of Fort Collins and the Poudre School District relating
to the planning and construction of school facilities. This agreement set forth the means by
which the two entities would coordinate and cooperate with regard to the planning and
construction of school facilities, with specific focus on: school planning, neighborhood
parks, annexation, school district infrastructure improvements, redevelopment and reuse of
school sites, street and sidewalk improvements, utility and development costs,
reimbursements, and future school site financing.
MEV
March 18, 1997
The proposed Agreement with the Thompson School District (the "Thompson Agreement")
is similar to the one that the City entered into with the Poudre School District in January
1993 (revised in July of 1995) ("Poudre Agreement"). Representatives of the City
Council, staff, and Thompson School District met on February 19, 1997 to review the
draft Agreement between the City and the School District, and are recommending Council
approval.
19. Resolution
97-38 AuthorizinQ
an Intemovernmental Agreement with
Latimer County
and
the City of
Land Conservation
• , 1 1 for thePurchase
and Management of , I for Naturala
and Open
Purposes.
The Resolution authorizes an intergovernmental agreement with Larimer County and the
City of Loveland for the acquisition and management of two contiguous properties, totalling
approximately 478 acres of land, located west of U.S. Highway 287 in the corridor between
Fort Collins and Loveland. The properties provide the only remaining separation between
the cities of Loveland and Fort Collins along Highway 287. Both properties have natural
area and scenic value and would help meet the objectives of the Natural Areas Policy Plan,
the Parks and Recreation Policy Plan, the Plan for the Region Between Fort Collins and
Loveland, and City Plan.
1110111
all 01:1!�IIIIIIIIIIIIIIIIIII
INEENEENE I E I I"MWOMII , 1, • • • • • I , ,
Lynne Hull's proposed habitat enhancement sculptures for the area around Fairbrooke Pond
are designed to be used by wetland wildlife and would be educational for visitors and
students at the site. The habitats would include a Goose Flower, one or two Duck Pods, a
Dragon Flyway, Bug Log, and a Bat Belfry. The natural colors will be compatible with the
natural setting of the wetland. The final piece may vary from this conceptual illustration.
Lands1. Resolution 97-40 Authorizing the Acquisition by EmiienUD-miqii Proceedings of Cert?iv
Construction of the Fossil Creek Trail through the Cathy Fromme Prairie from Taft Hill
Road to the underpass at Shields Street is currently underway. In order to continue to the
east, the Clarendon Hills Homeowner's Association is willing to allow the use of Tracts A,
B, and D along Shields Street for the trail. In return, the City has agreed to landscape the
Tracts in order to buffer the trail from the homes in the vicinity.
347
March 18, 1997
The Homeowner's Association has requested the City obtain the property through an eminent
domain proceeding in order to facilitate its processing of the transaction. Staff does not
anticipate that adversarial proceedings will be necessary to fully resolve the matter.
The construction of the Harmony Transmission Main - Phase IV is scheduled to start in late
March. The schedule for this construction is driven by the necessity of crossing irrigation
ditches and boring under the Burlington Northern Santa Fe Railroad (`BNSFRR") before
water starts to flow in the spring. This project requires easements from five property owners
and BNSFRR. Staff has been negotiating with BNSFRR and has reached an impasse. Staff
recommends commencing the eminent domain process to obtain an easement from
BNSFRR. The BNSFRR is aware the City must take this course of action in an effort to
permit the project to start on schedule.
23. • •n •7-42 Authorizingthe Acquisition by Domain Proceedings
Lands for Streets Capital PrQiect - North Lemay Redesign,
Part of the North Lemay alignment north of Lincoln will be built with the development of
Lincoln East PUD. The subject property is located just north of the PUD and is necessary
for the completion of the North Lemay Redesign. Staff is requesting eminent domain action
at this time in order to obtain the needed right-of-way ahead of further development expected
to take place in the area.
Negotiations are ongoing with the owner. However, agreement has not been reached;
therefore, a resolution for eminent domain action is being requested. The property owner has
been advised of the reasons for this course of action.
• • ,�• .�• ►•r• r
As a result of the City of Thornton's water purchases in the Poudre basin, there has been
considerable concern about the possibility of future water "grabs" which could severely
impact the area's vibrant farm economy and the unique and quality environment which
presently exists in our community. As a result of this concern, various water officials and
representatives from government agencies, agriculture, and environmental groups have been
meeting on an informal basis to discuss the issue in more detail. It appears there is
considerable interest among the participants to pursue further discussions and the
development of possible options to preserve existing water supplies. The purpose of the
M
March 18. 1997
Resolution is to formally support and endorse the discussion and development of options to
ensure the availability of adequate water supplies in the future for urban, agricultural and
environmental uses in Northern Colorado. The Resolution also designates Councilmember
Chuck Wanner, Water Utilities Boardmember Robert Ward, and Water Utilities General
Manager Michael Smith, as City representatives in such discussions.
N9005-ITOMIRr, e "11
mm
A. Deed of Easement from Poudre School District No. R-1, to underground the existing
overhead electric system at the Werner School, 5402 Mail Creek Lane. Monetary
consideration: $10.
B. Deed of Easement from Walter and Marjorie Winter, to install an electric oval vault
to underground the existing overhead electric system, 404 Tedmon. Monetary
consideration: $80.
C. Deed of Easement from Carl Gumina, to install an electric oval vault to underground -
the existing overhead electric system, 422 Tedmon. Monetary consideration: $50.
D. Deed of Easement from Stephen and Ardith Johnson, to install an electric oval vault
to underground the existing overhead electric system, 1221 Cherry Street. Monetary
consideration: $80.
E. Deed of Easement from Bill and Edna Tafoya, to install an electric oval vault to
underground the existing overhead electric system, 415 North Pearl. Monetary
consideration: $80.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No. 46. 1997. Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of Certain Real Property and Appropriating the Unanticipated
Revenue from this Sale to the Stormwater Fund,
8. Second Reading of Ordinance No 47. 1997. Appropriating Prior Year Reserves from the
Storm Drainage Fund into the McClelland/Mail Creek Drainage Basin Project for Capital
Improvements
9. Second Reading of Ordinance No 48 1997 Amending Chanter 7. Article IV, Division 2 of
the City Code Relating to Municipal Elections.
349
March 18, 1997
10. Second Reading of Ordinance No 49 1997 Amending Chapter 2 of the City Code Relating .
to the Commission on Disability.
11. Second Reading of Ordinance No 50 1997 Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Program,
A. Second Reading of Ordinance No. 51, 1997 Repealing Articles I Through V of
Chapter 29 of the City Code (Including the Land Development Guidance System)
and Renumbering Article VI of Chapter 29 Accordingly; Adopting the "Land Use
Code"; Establishing Transportation Level of Service Standards; and Amending the
Code by Correcting Cross-references Affected by this Ordinance.
C. Second Reading of Ordinance No. 52, 1997 of the Council of the City of Fort
Collins Amending the Zoning District Map of the City.
D. Second Reading of Ordinance No. 53, 1997 of the Council of the City of Fort Collins
Amending Chapter 2, Article II, Division 3 of the City Code Pertaining to the
Procedure for Hearing Appeals to the City Council.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
12. First Reading of Ordinance No. 54. 1997. Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment and
Appropriating Related Unanticipated Revenue
13. First Reading of Ordinance No. 55. 1997- Vacating Certain Street Rights -of -Way Dedicated
with the Plat of the Stockbridge PUD.
14. First Reading of Ordinance No 56 1997 Designating the Harmony School 2112 East
Harmony as a Local Landmark Pursuant to Chapter 14 of the City Code,
31. First Reading of Ordinance No 57 1997 Amending Chapter 2 of the City Code to Provide
for Certain Energy Efficiency Activities by the City,
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
350
March 18, 1997
Staff Reports
City Clerk Wanda Krajicek reported ballots for the upcoming election would be mailed on Monday,
March 24 and reminded everyone that this was a mail ballot election.
Councilmember Reports
Councilmember Kneeland spoke of Item Al8, Resolution 97-37 Approving an Intergovernmental
Agreement Between the City of Fort Collins and the Thompson School District R2-.I Relating to the
Planning and Construction of School Facilities, which was adopted on the Consent Agenda and
thanked everyone involved for their work on the agreement.
Councilmember McCluskey reported the Finance Committee met and discussed future sales of SID
properties and gave a brief update on the Fiscal and Environmental Impact model.
Councilmember Apt stated the Legislative Review Committee met and discussed vested rights issues
and stated the Committee has been working with local Legislators to amend the proposed Vested
Rights Bill. He stated the Committee discussed disbursements of lottery funds to assist with school
funding needs.
Councilmember Janett reported the Harmony School was designated as a Historic Landmark and
adopted on the Consent Agenda.
Mayor Azari stated a Resolution was adopted on the Consent Agenda appointing Councilmember
Wanner, Water Utility General Manager Mike Smith and Water Boardmember Robert Ward to
participate on a committee investigating how the water in Northern Colorado might be retained.
Staff Report Regarding the Review of
Overland Trail Road on the Master Street Plan, Discussed.
The following is staffs memorandum on this item.
"Executive Summa-a
At the August 20,1996 council meeting, the Master Street Plan for the City of Fort Collins was
revised. Council approved the Master Street Plan (MSP) as presented by staff, but asked that
additional study occur on the segment of Overland Trail Road from Drake Road to County Road
38E after receiving a significant amount of input from neighbors. Transportation staff has hosted
two neighborhood meetings and worked with a focus group for several months to review traffic data,
environmental impacts, wildlife/vegetation impacts, and the development of the Southwest
351
March 18, 1997
Community Park. Transportation staff andtwo members of the focus group recommend no revisions
be made to the current Overland Trail Road segment of the Master Street Plan. The majority of the
focus group recommends amending the Master Street Plan by removing the southern segment of
Overland Trail Road from Drake Road to CR38E. The Transportation Board discussed the issue
at its February 19 meeting and concurred with the staff recommendation by taking no action on the
matter. The item was scheduled on the Natural Resources Board agenda for March S, but there was
no quorum, so the meeting was postponed until March 19, the day after the Council meeting. Since
the Council adopted the Master Street Plan last August with Overland Trail shown as a four lane
arterial, including the segment from Drake Road south to CR38E, and since staff is recommending
that the Master Street Plan remain as adopted, this is presented as a staff report.
BACKGROUND:
The Transportation staff held a neighborhood meeting on October 16, 1996 to share the information
which was used to develop the Master Street Plan and to generate a process to review the proposed
extension of Overland Trail Road to CR38E. City representatives from Traffic, City Manager's
office, Natural Resources, and Parks and Recreation provided an overview of the proposed Structure
Plan, traffic projections for the area, new parks, and environmental/wildlife concerns. The larger
neighborhood group solicited volunteers for a focus team to review the various issues as identified.
The focus committee met several times to hear City staff report on inipacts from the proposed
roadway on safety, air quality, wildlife, plant, congestion, travel times, public parks, and
intersections. Eric Bracke, Traffic Engineer, staled, from a traffic perspective, the proposal in the
MSP for the extension of Overland Trail Road from its current terminus to CR38E offers the best
solution to the mobility and air quality criteria evaluated (see attached Traffic Operations report).
Natural Resources representatives, Karen Manci and Rob Wilkinson, reported the impacts on the
wildlife and natural areas could be managed through planning and proper construction, and that
the Natural Resources staff had anticipated the construction of a road in this area for some time
since it was in the previous Master Street Plan as a six -lane major arterial. Craig Foreman, Park
Planning and Development, stated the Cottonwood Glenn Park and the Soulhivest Community Park
could be designed and constructed adjacent to the Overland Trail roadway without major impacts
on the Park activities, and that the road was important to the community park for access purposes.
Staff will have an opportunity to review this project again when the Southwest Community Park is
developed. Staff estimates the Park will be designed and constructed in the next 5-8 years, and will
include the construction of Overland Trail Road from the northern boundary of the Park to
Horsetoolh Road. Staff will continue to collect data on traffic, wildlife, natural areas use, and other
factors which can be used to assess the impacts of the roachvay. For all the reasons mentioned, staff
recommends no amendments be made to the Master Street Plan.
There are two recommendations from the focus group which ivere sent to Council under separate
cover. One snupports the staff recommendation and is a focus group minority opinion. The second
352
March 18, 1997
is the majority opinion from the focus group and it proposes that the Overland Trail Road extension
be removed from the City's Master Street Plan. The focus group will be attending the Council
meeting to present its vieivs and issues. "
Multi -Modal Transportation Group Leader Tom Frazier gave a slide presentation and reviewed the
process outlining the various options available. He clarified there would be truck traffic but did not
anticipate it to be significant. He stated the issue was very emotional for area residents but spoke
of the need to meet the goals of the Structure Plan and objectives in the Community Vision and
Goals. He stated it was not unusual for this type of roadway to exist adjacent to parks or natural
areas and emphasized with proper planning it would be manageable.
Focus Group member Greg Sutton suggested the maximum speed obtained by drivers would occur
at the school location and expressed concern regarding increased traffic volume. He stated the
majority of the Focus Group believes the Overland Trail Extension would not solve traffic problems
and the reduction of traffic alleviated elsewhere would be minimal. He urged removing the Overland
Trail Extension from the Master Street Plan.
Focus Group member Dean Meyer spoke of environmental impact issues ie., noise, pollution, plants
and wildlife. He stated the Group believed the noise pollution would diminish the value of the
recreational area and stated traffic calming measures would defeat the purpose of building a four lane
arterial.
Focus Group member Kathleen Kilkelly and member of the Transportation Board stated the road
would only accommodate a limited number of drivers and of the possibility that it might be used as
a bypass for high speed travelers going to and from Wyoming. She urged preserving the continuity
of the open space and urged Council to follow the recommendation of the Focus Group to remove
the Overland Trail Extension from the Master Street Plan.
Paul Valentine, Chair of the Transportation Board, urged Council to leave the Overland Trail
Extension on the Master Street Plan, and reported funds for the proposed extension would not be
available for several years.
Bracke clarified the extension was on the Master Street Plan when Olander Elementary School was
built and responded to questions regarding traffic calming efforts on existing arterials.
City Attorney Steve Roy stated removing the extension from the Master Street Plan would not stop
the City from acquiring future right-of-ways.
353
March 18, 1997
Citizens Who Spoke in Opposition of the Overland Trail Extension:
Dr. Bob Banelle.
Will Walters, 2148 Sheffield Drive.
Terry Morrison, a Fort Collins resident.
Kelly Ohlson, 2040 Bennington Circle.
David Roy, 1039 West Mountain Avenue, read a letter written by Tim Johnson, Transportation
Boardmember.
Carolyn Meta, a Fort Collins resident.
Jim Whitten, a Fort Collins resident.
Eric Umbreit, 3013 Lisette Court,
Ramon Adhjero, 3712 Soderburg Drive.
Laurie Prousie a Fort Collins resident.
Dave Barrett, 854 Aztec Drive.
Garrett Sutton, a Fort Collins resident.
Pat Meleski, 2619 Featherstar Way.
Harold Sutton member of the Focus Group.
Sandy Hendrickson, 2725 Dixon Creek Lane.
Lynn Hull, 1112 Columbine Court.
Jim Kelly, a Fort Collins resident.
Sally Craig, a Fort Collins resident.
Gordon Rada, a Fort Collins resident.
Laura Coke, a Fort Collins resident.
Howard Norris, a Fort Collins resident.
Diane Hunter, 2809 Mercy Court.
Thomas Balchak, 2925 Claybasket Court.
Karen Miller, 3114 Cockney Street.
Shane Miller, 3114 Cockney Street.
Mark Williamson, 2868 Blue Leaf Drive.
Margaret Phillips, a Fort Collins resident.
Emily Hammond, 2943 Skimmerhorn Street.
Citizens Who Spoke in Support of the Overland Trail Extension:
Jerry Sikes, member of the Focus Group and Fort Collins resident.
Mark Egeland, Transportation Boardmember residing at 1313 Green Street.
Paul Perlmutter, Transportation Boardmember residing at 2206 Ouray Court.
Ray Moe, Transportation Boardmember residing at 808 Dellwood Drive.
Councilmember Smith made a motion, seconded by Councilmember Apt, directing staff to prepare
a Resolution for the April 1 meeting to amend the Master Street Plan to remove a segment of
354
March 18, 1997
Overland Trail from Drake Road to West Horsetooth Road and redesignate County Road 38E as a
minor arterial.
Councilmember Smith clarified this motion would provide access to the Park.
Councilmember Janett stated that if the proposed arterial is taken off the Master Street Plan, citizens
will still have to continue working together to mitigate traffic problems.
Councilmember Kneeland opposed the motion stating she did not believe the extension should be
removed from the Master Street Plan. She stated it would be beneficial to wait until the project is
closer to becoming a reality and emphasized the need for more discussion.
Councilmember Apt supporting scaling down the roadway to a two lane arterial with limited access.
He spoke of the need to preserve a part of the City that is not completely dominated by automobiles.
Councilmember McCloskey spoke of the need for additional mobility and concurred with comments
made by Councilmember Kneeland.
Councilmember Wanner spoke of concerns regarding building a road next to a park and through a
natural area.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Smith and Wanner. Nays: Councilmembers Kneeland and McCluskey.
THE MOTION CARRIED.
Items Relating to the New Land Use Code,
Adopted as Amended on Second Reading,
The following is staffs memorandum on this item.
Txecutive Summary
A. Second Reading of Ordinance No. 51, 1997 Repealing Articles 1 Through V of Chapter 29
of the City Code (Including the Land Development Guidance System) and Remunbering
Article VI of Chapter 29 Accordingly; Adopting the "Land Use Code"; Establishing
Transportation Level of Service Standards; and Amending the Code by Correcting Cross-
references Affected by this Ordinance.
B. Resolution 97-44 of the C01117cil of the City of Fort Collins Amending the "City Structure
Plan ".
355
March 18, 1997
C. Second Reading of Ordinance No. 52, 1997 of the Council of the City of Fort Collins
Amending the Zoning District Map of the City.
D. Second Reading of Ordinance No. 53, 1997 of the Council of the City of Fort Collins
Amending Chapter 2, Article 11, Division 3 of the City Code Pertaining to the Procedure for
Hearing Appeals to the City Council,
On March 4, 1996, Council passed on First Reading adoption of Ordinance Nos. 51, 52 and 53,
1997, with direction to staff to incorporate revisions recommended by the City Plan Advisory
Committee and the Planning and Zoning Board, and to continue efforts to resolve issues
surrounding the proposed re -zoning of specific properties.
A. Staff has revised the proposed Land Use Code to reflect the following kinds of changes:
1. Inclusion of remaining CPA and P&Z recommendations.
2. Existing Permitted Uses Section Added to Article 1.
3. Major Revisions to the River Downtown Redevelopment (R-D-R) Zone and the Community
Commercial - River (C-C-R) Zone.
4. Refinements to the Low Density Mixed Use Neighborhood (L-M-N) District
5. Further refinements to the Landscaping standards.
6. Reduction of the Filing Fee for the Vested Rights and Beneficial Use Determination Process.
7. Re - numbering and formatting to support adoption as a distinct Land Use Code.
8. Typographical, stylistic and other non -substantive changes.
B. The following concerns have not been addressed at second Reading, but will be considered
in follow up reviews of new Land Use Code:
1. Transit Facility Standards.
2. Additional Wireless Telecommunications Facility regulations.
3. The effect of density limits in the L-M-N zone o availability of Land for Affordable Housing.
4. Sign Code issues.
C. Information is provided in the staff report about other issues that are not directly related
to the Land Use Code, but are related to the City's regulation of Land Development:
1. Public Information regarding the new development review process.
2. Submittal requirements
3. Stormwater runoff water quality.
4. &dldingPermit fees.
356
March 18, 1997
D. Staff has also provided answers to questions raised at the March 4 hearing:
1. Why isn't Final Plan Review called Compliance Review?
2. Can the Planning and Zoning Board or Citizens require a specific Type I project go through
a Type 2 review process?
3. Will publicly owned natural areas be shown on the zoning map in a different color than
parks and golf courses?
4. Is there any conflict with having the Director perform as many f mctions as is provided by
the code?
5. How can the public be ensured that the Director will fair Type I hearings, if he is also
involved with reviewing staff recommendations?
All of these revisions are outlined in more detail in the attached staff report from Tom Vosburg
dated March 9, 1997.
Ordinance No. 51, 1997, has been revised to remove Articles I through V of Chapter 29 fi-onn the
Code but to preserve them as a Transitional Code for the review of pending projects. Likewise,
Ordinance No. 52, 1997, has been changed so that the old zoning map is not entirely repealed
because it is needed to review pending projects under the Transitional Land Use Code.
Staff has also continued to work with individual property owners regarding the proposed re -zoning
of specific parcels. The status of this work was reviewed by Council at the March 11, 1997 Study
Session. The resulting changes to the Zodng District Map have been incorporated into Ordinance
No. 52, 1997, on Second Reading. Because .some of these changes aLso call for changes hn the
Structure Plan, a resolution making these changes is also being presented for Council's
consideration. "
Director of Community Planning and Environmental Services Greg Byrne gave a brief overview of
the Plan and stated meetings and changes to the Plan have been continuous up to the time of the
meeting.
Policy Analyst Tom Vosburg identified the major categories of the Code that were changed in
response to various concerns and complaints voiced by citizens and Council.
Chief Planner Ken Waido gave an update of specific zoning issues and noted revised maps showing
the changes were included in Council's "Read Before the Meeting" packets.
Vosburg gave a brief explanation of sidewalks and detached bikepaths located in the Standards and
Guidelines.
357
March 18. 1997
City Planner Clark Mapes responded to Council questions regarding river landscape and connecting
walkways in the downtown river development zones.
City Manager John Fischbach reported staff would inform Council, on an ongoing basis, of
amendments and/or changes made to the Code.
John Meleski, 2619 Featherstar Way, supported letting citizens vote on the Land Use Code and
spoke of the need for more defined design guidelines. He stated he was going to circulate a petition
to put the Land Use Code on the ballot.
Aletha Langham-Godwin, President of the Northern Colorado Association of Homebuilders,
opposed adoption of the Land Use Code and concurred with comments by the previous speaker
regarding placing the issue on the ballot.
Sister Mary Alice Murphy, Director of CARE Housing, expressed concerns regarding the L-M-N
zone and how affordable housing would be impacted.
Jeff Wolfe, a Fort Collins resident, stated he supports the proposed City Plan but believed additional
work is needed.
Diane Shannon, member of the Zoning Board of Appeals, urged postponement of the Ordinance
stating she did not believe there was sufficient time to adequately review the Plan.
Mike Faucett, 2738 Nottingham Square, stated implementation of the Plan would increase housing
costs, and greatly reduce the opportunity to obtain affordable housing.
Gus Williams, Realtor and Fort Collins resident, spoke in opposition of the Plan and commented that
buyers are not interested in the densities proposed in the Plan.
Kelly Ohlson, member of City Plan Advisory Committee and residing at 2040 Bennington Circle,
spoke in support of City Plan.
Rita Anastacio, 2008 Harmony Drive and Realtor, spoke in opposition in the Plan and urged Council
to let the citizens vote on this issue.
Gene Gustafson, 4500 Seneca Street #5, opposed the Plan.
Dave Anastacio, 2008 Harmony Drive, suggested Council postponed its decision until additional
outreach is completed.
Raji Jairam, 2712 Parklane Court representing MBI Corporation, spoke in opposition of City Plan.
358
March 18, 1997
Don Parsons, 432 Link Lane, supported adoption of City Plan.
Dan Gould, member of the City Plan Advisory Committee, urged everyone to look at the visions and
goals outlined in City Plan.
Kathy Faucett, 2738 Nottingham Square, spoke in opposition of City Plan and of the impact it would
have on construction.
Jay Devine, a Fort Collins resident, opposed City Plan and stated adoption would force growth to
occur outside the City limits.
Terry Hassell, a Fort Collins Realtor residing at 1625 Strachan Drive, expressed concerns regarding
the portion of the Plan which has not been completed and concurred with comments made by the
previous speaker.
Linda Berger, 1330 Cape Cod Circle, stated changes need to be completed before the Plan is
adopted.
Joan Wheeler-LaBout, a Fort Collins resident, expressed concerns regarding the construction of
detached garages and alleys.
Don Shannon, 630 Sky Sail Lane, spoke of the comparisons between the Land Development
Guidance System ("LDGS") and the Land Use Code and urged Council to retain the LDGS.
Tom Honn, 1601 Quail Hollow Drive, expressed process and procedure concerns.
Lou Stitzel, 521 East Laurel, spoke in support of City Plan and stated that she believed City Plan
adequately addresses affordable housing issues.
Kimberley Maevers, representing the Homebuilders Association of Northern Colorado, spoke in
opposition of City Plan.
Kurt Falkner, 4249 Kingsbury Drive, expressed concerns about alley's.
Bob Everitt, a Fort Collins resident, expressed concerns regarding density and urged Council to
reduce the number of units per acre. He thanked Council and staff for their commitment in
continuing to work on the Plan.
Byrne responded to Council questions how progress would be tracked and measured and stated
contiguity requirements would limit the supply of vacate buildable land.
359
March 18, 1997
Frank responded to Council questions and stated the system leans more toward larger developers and
larger pieces of property but did not believe that smaller developers would be impacted anymore in
the future than they are currently. He clarified that alleys are not required but are permitted.
Vosburg stated alley's would be recommended for single-family dwellings on small lots to comply
with garage design standards, noting access could occur from an alley and clarified garages could
be attached. He stated the Land Use Code would provide more use -by -right than the LDGS did.
Waido briefly defined accessory use and the administrative review process.
Director of Natural Resource Tom Shoemaker responded to Council questions regarding wetlands
and setbacks. He stated funding is available for the land acquisition process and clarified there were
provisions in the Code for acquiring setbacks.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 51, 1997 on Second Reading.
Councilmember McCluskey opposed the motion. He thanked everyone for participating in the
process and spoke of the connection between land use and transportation issues and expressed
concerns regarding the impact on small developers, affordable housing and the overall cost of
implementing the Plan.
Councilmember Kneeland stated she supported City Plan, and spoke of concerns regarding
contiguity of development and its relation to housing costs.
Mayor Azari stated she was disappointed that the Zoning Board of Appeals did not have adequate
time to review the document. She stated she was not pleased with the amount of distrust citizens
have of staff and Council and stated that it was important to work together as a community to make
the Plan work.
Councilmember Apt thanked everyone who participated in working on the Plan and commented on
the need for predictability, ie., density and zoning uses. He reported that subsidies for affordable
housing would still occur and clarified there is nothing in the Plan that limits growth.
The vote on Councilmember Smith's motion to adopt Ordinance No. 51, 1997 on Second Reading
was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays:
Councilmember McCluskey.
THE MOTION CARRIED.
360
March 18, 1997
Councilmember Apt, made a motion, seconded by Councilmember Smith, to adopt Resolution 97-
44. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
City Attorney Steve Roy suggested adding language to Ordinance No. 52, 1997, Section 2 as
follows: "That the zoning map of the City of Fort Collins, Colorado, dated March 28, 1997 (the
Zoning Map) is hereby adopted as the official zoning map of the City, with the amendment shown
on Exhibit B, attached hereto and incorporated herein by this reference, that all other zoning maps,
etc..... ". He clarified the amendment would show where the affected property owners were on the
Zoning Map.
Councilmember Smith, made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
52, 1997 with the previously stated amendment on Second Reading. Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, Smith and Wanner. Nays: Councilmember McCluskey.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Apt, to adopt Ordinance No.
53, 1997 on Second Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 57, 1997
Amending Chapter 2 of the City Code to Provide for
Certain Energy Efficiency Activities by the City Postponed
The following is staffs memorandum on this item.
executive Summary
In late 1992 City Council adopted Resohution 92-132 which formalized broad energy efficiency
policy guidance for three major city responsibilities: (1) as a user of energy,, (2) as a supplier of
electricity energy; and (3) as a community leader through its role as a educator, promoter and
regulator. Resolution 92-132 encourages "comprehensive energy thinking" by directing the City
organization and Boards and Commissions to use this policy to guide development of animal work
plans. Resolution 92-132 also provides direction for operational decisions. For example, it clearly
encourages experimentation with alternative fiuel vehicles.
361
March 18, 1997
Resolution 92-132 also requires the development of implementation plans on a yearly basis.
Additionally, it requires periodic reporting on energy efficiency as part of the Environmenial Report
to the Community. This reporting has not occurred on an annual basis.
The proposed Ordinance, which was prepared pursuant to Council direction, would codify the
provisions of Resolution 92-132. Staff recommends against the adoption of the Ordinance. This is
because the creation of a new ordinance requiring essentially the entirety of previously adopted
Resolution 92-132 would create redundant policy direction to the City organization. Neither the
existing Resolution nor this Ordinance would apply beyond the City organization. In effect,
adoption of this Ordinance would require that an organizational policy that is currently in place and
being implemented (with the exception of annual reporting) be adopted as a city law.
Organizational policies are not usually codified as city-wide law. The City Manager, who is
responsible for implementation of the organizational policies, has been made aware of the fact that
the reporting has not occurred, and he has directed staff to comply with this requirement. -
City Manager John Fischbach gave a brief presentation on this item.
Councilmember Apt spoke of the need to more closely look at future building designs as it relates
to energy conservation. He supported postponing discussion on this item until the April 1, 1997
meeting.
The meeting adjourned at 1:55 a.m.
ATTEST:
r a1 W "
City Clerk Q
it 362