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HomeMy WebLinkAboutMINUTES-05/20/1997-RegularMay 20, 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, May 20, 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: Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Staff Members Present: Fischbach, Roy, Krajicek. Agenda Review City Manager John Fischbach recommended that Council make a motion to postpone consideration of Item #31, Resohdion 97-62 Recommending Denial of a Maiver of the UGA Public Street Capacity Phasing Criteria Requirementfor the Aurora Hills Subdivision, until the next regularly scheduled meeting. He also reported there were two additional Resolutions to be considered under the Other Business portion of the meeting. CONSENT CALENDAR The Consent Calendar consists of Item Numbers 7 through 24. 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 #25, Public Pulled Consent Items. Items pulled from the Consent Calendar by staff or Councilmembers may be considered separately under Agenda Item 432, Councit/StaffPulled Consent Items. Second Reading of Ordinance No 68, 1997. Amending Section 5-27 of the City Code Regarding Building Fee Permits, This Ordinance, which was unanimously adopted on First Reading on May 6, 1997 amends the current "Building Permit Fee" table in the Building Code. A $75 reduction in the building permit fee for a new home will be granted to those builders who utilize performance -based, total building energy systems analysis rather than the conventional, "prescriptive" list of mandated minimum specifications to demonstrate that their proposed new home complies with the City's Residential Energy Code. 405 May 20, 1997 8. Second Readinci of Ordinance No. 69 1997 Amending Sections 26-118(c) and 26-277(c) of r •r' Relating to Payments In Lieu Of , • for r Wastewater Ordinance No. 69, 1997, which was unanimously adopted on First Reading on May 6, 1997, amends Sections 26-118(c) and 26-277(c), the applicable Code sections relating to the determination of water and wastewater user rates, to reflect the PILOT increase and make them consistent with current operational practices. This Ordinance makes the PILOT increase retroactive to January 1, 1997, consistent with Ordinance No. 137, 1996. • Second Readina of Ordinance N• 1 1997. Generalr. This Ordinance, which was unanimously adopted on First Reading on May 6, 1997, only appropriates funds in the Cultural Development and Programming (CDP) and Tourism Programming. These funds must be appropriated to be used to support events that provide a public benefit to the Fort Collins Community and promote the utilization of public accommodations within the City. The Cultural Resources Board reviews applications for these funds and will make recommendations to the City Council in July of this year. 10. Second Reading of Ordinance No. 71. 1997- Appropriating Unanticipated Revenue in the General Fund Related to the Implementation of the 1996 Energy Code Revisions. This Ordinance, which was unanimously adopted on First Reading on May 6, 1997, appropriates $10,000 of unanticipated revenue in the General Fund for contractor and staff training on the Fort Collins Residential Energy Code funded by a US Department of Energy grant. 11. Second Readinfz of Ordinance No. 72, 1997, Exchanging Property with the City of Greele to Partition Ownership of the Rockwell Ranch. Ordinance No. 72, 1997, which was unanimously adopted on First Reading on May 6, 1997, authorizes the execution of documents which formally divide the ownership of the Rockwell Ranch properties between Fort Collins and the City of Greeley. This allows the City to proceed with the land exchange as previously directed by the City Council. The City of Greeley is very interested in completing this transaction so they can also pursue their land exchange with the Forest Service. M1. May 20, 1997 12. Second Reading of Ordinance No. 73 1997- Dedicatinp- .76 Acres of Land as a Publi Highway and I I Acres for a Non -Exclusive Utility Easement to Public Service fo Improvements to County Road 42C. Latimer County's Short Range Highway Improvements Program includes plans for reconstruction, overlay and widening of a .56 mile segment of County Road 42C, adjacent to the Pineridge Open Space area. This alignment requires the dedication of approximately .76 acres of additional right-of-way and approximately . l 1 acres for relocation of a Public Service utility access easement. All disturbed areas will be hydroseeded by the County. CLRS has reviewed and approved the project. The work is currently scheduled to take place in July and August 1997. Ordinance No. 73, 1997 was unanimously adopted on First Reading on May 6, 1997. 13. M-WiTiff M-11MIDILIXtinance No. 74 1997 Amending Section 2-203 of the City Code to Authorize the Cultural Resources Board to Make Recommendations for Di , stribution o Certain Tourism Funds, Ordinance No. 74, 1997, which was unanimously adopted on First Reading on May 6, 1997, amends Section 2-203 of the City Code to authorize the Board to review proposals for funding from the Tourism Programming Account, following the Fort Fund Guidelines, and to submit recommendations regarding the proposals to the Council for approval. 14. Second Reading of Ordinance No. 75. 1997. Amending Section 2-28 of the City ode Pertaining to the Scheduling of Regular Meetings of the City Council Ordinance No. 75, 1997 was unanimously adopted on First Reading on May 6; 1997, and amends Section 2-28 of the Code regarding scheduling of regular and study session meetings. 15. First ReadinQ of Ordinance No. 76. 1997 Appropriating Prior YezL—Resewes ?nd Unanticipated Revenue in the Capital Expansion Fund for Improvements Relatirg—ty Community Parks, In May 1996, the City Council adopted Ordinance No. 51, 1996, which created Capital Expansion Fees to be used to pay for library services, community parkland, police services, fire services, and general governmental facility services. These fees are paid by persons obtaining residential building permits within the City. The fees are used to pay for services the City provides for new city residents. This Ordinance appropriates a portion of the fees collected for community parkland in the amount of $50,000, leaving a balance of $464,000. 407 May 20, 1997 for Colorado Municipalities-" 1977 Edition, The Model Traffic Code ("MTC") is adopted by most municipalities in Colorado, in an effort to provide consistency for traffic regulations between areas and avoid confusion for the motorist, pedestrian, and bicyclist. Section 23-8 of the MTC provides that the City's Traffic Engineer shall be appointed by the City Council and establishes specific duties and responsibilities of the Traffic Engineer. Some of the duties include setting speed limits, regulating and establishing parking zones, and the traffic control system. The provision in the MTC providing for the appointment of the Traffic Engineer by the City Council is in conflict with Section 2 of Article III of the City Charter. The Charter states that the City Manager shall be responsible for and have the power to appoint all heads of departments and employees of the City except as otherwise provided by the Charter. Ordinance No. 77, 1997 amends Section 28-17 of the City Code by adding a subsection to amend Section 23-8 of the MTC. This amendment is consistent with the City Charter and provides that the Traffic Engineer shall be appointed by the City Manager and shall work under the supervision of the City's Director of Transportation Services. Alcoholic17. First Reading o Ordinance No. 78. 1997, Amending Chaoter 3 of the City Code Rel tim, to Colorado Revised Statutes authorize that the City of Fort Collins, through its City Council, may adopt specific standards for the issuance of optional premises licenses and for optional premises for a hotel and restaurant license for outdoor sports and recreational facilities as defined in the Statutes. Currently a genuine need exists to consider creating optional premises licenses in Fort Collins as portions of SouthRidge Golf Course, because of the large surface area, is separated by public roads or private property, thereby making the contiguity requirements associated with other types of liquor licenses difficult to comply with and administer. An amendment to the City Code relating to Alcoholic Beverages is need to create optional premises licenses. 18. First Reading of Ordinance No. 79 1997, Authorizing Conveyance of Easements to Charles R. Nauta and Connie L. Nauta. On September 15, 1993, Charles R. Nauta and Connie L. Nauta ("the Nautas") filed, in Larimer County District Court, a lawsuit against the City of Fort Collins ("the Lawsuit"). In the Lawsuit, the Nautas allege that the City had interfered with the flow of water through certain underground drains located under the City's Utility Service Center located at 700 RON May 20, 1997 Wood Street ("the City's Property"). The Nautas alleged in the Lawsuit that said underground drains historically transported certain quantities of water to the adjacent property owned by the Nautas located at 832 Wood Street. On April 6, 1995, the City and the Nautas entered into a "Release and Settlement Agreement", in order to settle and compromise the claims asserted by the Nautas against the City in the Lawsuit pertaining to the alleged interference with the Nautas underground water. Under the Settlement Agreement, the City agreed to construct certain improvements to attempt to replenish the Nautas underground water flows that the City had allegedly interfered with. The City and the Nautas also agreed in the Settlement Agreement that upon completion of the construction of such improvements by the City that the City would grant to the Nautas certain easements for underground drains across the City's Property. The Settlement Agreement further provides that in consideration of the City conveying said easements to the Nautas that the Nautas will dismiss the Lawsuit with prejudice and release the City from all claims asserted in the Lawsuit. INEM MEMO On March 18, 1997, Council adopted Resolution 97-34, authorizing the City Manager to enter into an amendment agreement with the Colorado Department of Transportation for the purpose of amending the "Intergovernmental Agreement Between the City of Fort Collins and the State Department of Highways" dated March 1, 1989 ("the Access Agreement"). The Access Agreement was approved by the City Council on January 18, 1989, in Council Resolution 89-15. The City and the Colorado Department of Transportation entered into the Access Agreement for the purpose of establishing the Harmony Road Access Plan between Boardwalk and I-25. Resolution 97-34 was adopted by the Council March 18, 1997, in order to amend the Access Agreement to permit a right in/right out access for the north side of Harmony Road approximately 840 feet east of Wheaton Drive to be used in connection with the Harmony Safeway Marketplace P.U.D. However, Resolution 97-34 inaccurately described the Access Agreement as having been approved by the City Council on Mcirch 15, 1989, when in fact it approved such agreement on January 17, 1989 in Resolution 89-15. It is therefore necessary to amend Resolution 97-34 to accurately identify the Council's action in approving the Access Agreement described in Resolution 97-34 as having occurred on January 17, 1989 in Resolution 89-15. Ems May 20, 1997 to. Resolution 97-69 Stating the Intent of the City of Fort Collins to Annex Certain Property and InitiatinEz Annexation Proceedings for Such Property to Be Known as the Burlington NorthernfMcClelland Drive Annexation, The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 0.5 acres in size and is located south of Drake Road between McClelland Drive and Redwing Road. The property consists entirely of railroad right-of-way. The proposed zoning for this annexation is C - Commercial. The proposed Resolution states that it is the City's intent to annex this enclave property and directs that the published notice required by State law be given of the Council meeting to consider the needed annexation ordinance. The time of First Reading of the annexation and zoning ordinances is scheduled for July 1, 1997. Not less than thirty days prior published notice is required by State law. 21. Resolution 97-70 Stating the Intent of theIRZE�'ollins to Annex Certain PEgqn-±3!:� Initiating Annexation Proceedings for Such Property to Be Known as the West Drake 2nd Annexation. The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 2.3 acres in size and is located on the south side of West Drake Road, between Taft Hill Road and Overland Trail. The property is currently used for residential purposes - it contains one single family residence. The proposed zoning for this annexation is RL - Low Density Residential. The proposed Resolution states that it is the City's intent to annex this enclave property and directs that the published notice required by State law be given of the Council meeting to consider the needed annexation ordinance. The time of First Reading of the annexation and zoning ordinances is scheduled for July 1, 1997. Not less than thirty days prior published notice is required by State law. Resolution22. •7-71 Statin2 the Intent of the City of .•Collins• Annex Certain•. ■ and Initmating Annexation Proceedings for Such Property to Be Known as the Link 'n Greens 4th Annexation The property being considered for annexation has, for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City 410 May 20, 1997 of Fort Collins. The property being considered for annexation is approximately two acres in size and is actually a portion of the Cache La Poudre River between Riverside and Lemay Avenue. The proposed zoning for this annexation is CCR - Community Commercial - Poudre River District. The proposed Resolution states that it is the City's intent to annex this enclave property and directs that the published notice required by State law be given of the Council meeting to consider the needed annexation ordinance. The time of First Reading of the annexation and zoning ordinances is scheduled for July 1, 1997. Not less than thirty days prior published notice is required by State law. 23. Resolution 97-72 Approving the Amendment of the Deferred Compensation Plans and Authorizing the Finance Director to Approve Future Technical Amendments The City of Fort Collins offers two 457 deferred compensation plans: one for most of its classified and unclassified management employees through the International City Management Association Retirement Corporation (ICMA-RC), and one for its police officers through the Fire and Police Pension Association (FPPA). Most employees participate in this plan voluntarily. Recently, federal legislation has been passed requiring changes to these plans. Most of the changes are administrative in nature - primarily dealing with the employees' options for contributing to and withdrawing from the plans. However, in addition to these changes, this federal legislation will require the creation of a plan trust which will provide additional security for the funds of the participants. Currently, deferred compensation funds are considered assets of the employer and therefore, subject to the claims of the City's creditors. The federal law now requires the creation of a plan trust that would protect the funds from any use other than for the retirement use of the beneficiaries, with few exceptions. Although the creation of the trusts is not required until 1999, both ICMA and FPPA are modifying their standard plans at this time and recommend that these new plans be adopted at this time. A. Deed of Easement from Arthur Burrill, to underground existing overhead electric services, located at 305 North Meldrum. Monetary consideration: $10. ***END CONSENT*** Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No 68 1997 Amending Section 5-27 of the City Code Regarding Building Fee Permits 411 May 20, 1997 Second Reading of Ordinance No 69 1997 Amending Sections 26-118(c) and 26-277(c) of the City Code Relating to Payments In Lieu Of Taxes (PILOT) for the Water and Wastewater Utilities. Second Reading of Ordinance No 70, 1997 Appropriating Prior Year Reserves in the General Fund, 10. Second Reading of Ordinance No. 71 1997 Appropriating Unanticipated Revenue in the General Fund Related to the Implementation of the 1996 Energy Code Revisions 11. Second Reading of Ordinance No. 72 1997 Exchanging Property with the City of Greeley to Partition Ownership of the Rockwell Ranch. 12. Second Reading of Ordinance No 73, 1997. Dedicating .76 Acres of Land as a Public Highway and 11 Acres for a Non -Exclusive Utility Easement to Public Service for Improvements to County Road 42C 13. Second Reading of Ordinance No 74, 1997 Amending Section 2-203 of the City Code to Authorize the Cultural Resources Board to Make Recommendations for Distribution of Certain Tourism Funds, 14. Second Reading of Ordinance No. 75, 1997, Amending Section 2-28 of the City Code Pertaining to the Scheduling of f Regular Meetings of the City Council. Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No 76. 1997, Appropriating Prior Year Reserves and Unanticipated Revenue in the Capital Expansion Fund for Improvements Relating to Community Parks 16. First Reading of Ordinance No 77. 1997 Amending Section 28-17 of the City Code Relating to the Appointment of the City's Traffic Engineer Under the "Model Traffic Code for Colorado Municipalities," 1977 Edition, 17. First Reading of Ordinance No 78, 1997, Amending Chapter 3 of the City Code Relating to Alcoholic Beverages. 18. First Reading of Ordinance No. 79 1997 Authorizing Conveyance of Easements to Charles R. Nauta and Connie L. Nauta. 412 May 20, 1997 Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Bertschy, to postpone consideration of Item #31, Resohrtion 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Suhdivision, to June 3, 1997. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. I�■I�Iu[�IIL�]�i[�:il � Councilmember Reports Councilmember Kneeland reported the Health and Safety Committee met and continued discussion on the proposed Human Rights Ordinance. Councilmember Mason stated the Legislative Review Committee met with staff to go over bills that passed during the last legislative session. Councilmember Wanner reported the Growth Management Committee met and discussed continuation of the City Plan process and discussed the upcoming meeting with the County Commissioners to review the Urban Growth Area agreement. Councilmember Smith reported on the new Council operating procedures that would assist in the shortening of meetings. He noted the time limit for public participation would be reduced from five minutes to three minutes and that regular Council meetings and Study Sessions would begin'h hour earlier. Mayor Azari thanked the GIS staff for their outstanding work and commented on the recent DARE graduations held in Council Chambers. Consideration of the Appeal of the March 10, 1997 Decision of the Planning and Zoning Board Approving the Final Application of the Scenic Views PUD, #3-96A, Decision of the Planning and Zoning Board Upheld. The following is staffs memorandum on this item. 413 May 20, 1997 "Executive Summary Consideration of this appeal was continued to this date and time because of a lack of a quortan at the May 13 meeting. On March 10, 1997, the Planning and Zoning Board voted 3-1 to approve the final application of the Scenic Views PUD, #3-96A. On March 24, 1997, a Notice of Appeal from eight individuals was received by the City Clerk's Office regarding the Board's decision (see attached Notice of Appeal). The appellants cite Section 2-48(b)(I)of the City Code as the basis for the appeal: (b) except for appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one (1) or more of the following errors: (1) Failure to properly interpret and apply relevant provisions of the Code and Charter. The appeal focused on one part of the approved project -the stormwater retention pond Because of this concentration, the staff response has focused on retention pond issues also. " Councilmember's Bertschy and Mason withdrew from discussion on this item due to a perceived conflict of interest. City Attorney Steve Roy briefly outlined the appeal process, clarifying the definition of parties -in - interest and spoke of the appellants allegations. Mayor Azari reported on the time limits allowed for presentations by the appellant and applicant. Dennis Stenson expressed concerns regarding time limitations imposed, but agreed to shorten his presentation. City Attorney Steve Roy clarified the testimony given at the last meeting is considered a part of the record. Senior Stormwater Engineer Glen Schlueter responded to Council questions regarding drainage of stormwater and clarified the parties could not come to an agreement regarding easements. He stated as properties down stream were redeveloped, staff would require that the easements be dedicated for the off -site flows. He supported connecting the system to the storm drainage system rather than a pumping system due to water quality concerns. He stated the wetland would remain whether the water is retention or detention. 414 May 20, 1997 Stormwater Utility Manager Bob Smith stated the City does not require developments to install water quality facilities. Schleuter clarified he is not aware of any City or State Department which specifically monitors groundwater, stating it is the responsibility of the developer and/or builder. Dennis Stenson, 2820 West Elizabeth Street, addressed the allegations contained in the appeal. He expressed process concerns, commenting he believed the preliminary was approved based on erroneous information, specifically the statement that stormwater utility easements were in place and that there would be construction of a neighborhood park. He spoke of concerns regarding the effect the groundwater would have on water quality on his property and urged Council to overturn the decision of the Planning and Zoning Board. Bill Roberts, 2922 West Elizabeth Street, expressed concerns regarding CSU stormwater runoff, noting the water has serious potential for health risks. He clarified the applicant performed a lab analysis of the water and was aware of potential health issues, and reported staff testified the water is not recommended for human contact. He stated the Planning and Zoning Board did not conduct a fair hearing because of the pertinent stormwater data withheld by the applicant and expressed his disappointed that the developer did not following the direction of the Planning and Zoning Board to work with neighbors to come up with a fair solution. Applicant Bill Vieo, Developer for Scenic Views, believed that all requirements for final approval were met and stated that two hearings were held and that the Planning and Zoning Board did review all the available data and listened to the testimony both pro and con. He stated staff followed all the rules and procedures and stated it would be redundant to refute all of the appellants claims. He spoke of the types of amenities available in and near the development and of the number of handicap accessible units the development would have. He expressed the need for mixed -use development and the need to build homes that are affordable. He stated the ditch company is not obligated to provide any quality water downstream to its users and reported the ditch company has also reviewed the Stormwater Quality Manual and Management Control Manual and expressed no concerns. He spoke of the detention facility which has been designed to hold the water, protecting downstream property owners and residents from any harm. He reported that there were signed easements in place at preliminary and stated that he has copies of signed easements from the bank as well as one of the neighbors. Rebuttal Appellant Mary Davidson, 2212 Charolais Drive, thanked Council for listening to comments and concerns of the neighbors and spoke of her concerns regarding misrepresentations by the developer. 415 May 20, 1997 Rebuttal Annlicant Mr. Vieo clarified the groundwater is primarily in the park area and spoke of the water table throughout the rest of the proposed development. He spoke of easement issues with CSU and stated he fully expects water flow issues will be resolved. Director of Current Planning Bob Blanchard clarified the plan that was originally submitted was different than what was approved for final submittal and reported that the neighborhood presentation of the development was conceptual. He stated easements are not required to be in place during preliminary application and commented staff did not perceive any unusual safety hazards associated with the canal or retention pond. Councilmember Kneeland made a motion, seconded by Councilmember Wanner, that the Planning and Zoning Board did hold a fair hearing. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Kneeland and Wanner. Nays: Councilmember Smith. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to uphold the decision of the Planning and Zoning Board. Councilmember Kneeland stated she believed the Planning and Zoning Board did properly interpret the provisions of the Land Development Guidance System. Councilmember Bertschy opposed the motion stating that he felt that some of the criteria had not been met. Councilmember Smith opposed the motion and concurred with comments made by Councilmember Bertschy. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Kneeland and Wanner. Nays: Councilmember's Bertschy and Smith. THE MOTION CARRIED. Consideration of the Appeal of the March 24, 1997, Determination of the Planning and Zoning Board to Approve the Referral for the Dry Creek Minor Subdivision, Decision of the Planning and Zoning Board Upheld, The following is staffs memorandum on this item. 416 May 20, 1997 "Executive Summary On March 25, 1996, the Planning and Zoning Board approved the Referral for the Dry Creek Minor Subdivision. The Dry Creek Minor Subdivision plat is for the entire 52.5 acres that was annexed into the City in November, 1995. The proposed Dry Creek Mobile Home Park is planned to be developed in two phases. Phase I is located on 40.4 acres, the east 314 of the property, and consists of 240 mobile home sites, an office%hubhouse building, and 6 mini parks evenly distributed throughout the development. Phase 2 is located on 12.1 acres, the west 114 of the property. and consists of 54 mobile home spaces. The property is zoned LAIN - Low Density Mixed Use Neighborhood (as of the effective date of March 28, 1997 for the new Land Use Code). It was originally placed in the AIW - Medium Density Mobile Home Zoning District with Ordinance No. 143, 1995. It is located west of Summit View Drive, south of East Vine Drive, north of East Mulberry Street, and east of the Fort Collins Downtown Airport. On April 7, 1997, a Notice of Appeal was received by the City Clerks office regarding the decision of the Planting and Zoning Board. In the Notice of Appeal from the Appellant Jan Shepard Cotner, it is alleged that: The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the City's Subdivision Code found in Article V - Divisions 2, 3, and 4, and the provisions of Ordinance No. 143, 1995. At the Planning and Zoning Board hearing, the Appellant explained how the proposed project did not comply with the subdivision code Sections 29- 644(c)(3), 29-644(e), 29-656(fi, and 29-677. The Appellant offered comments from agencies or offices that had reviewed the subdivision submittal purs7uant to Section 29-642(h)(4). The Board was advised by City staff and the applicants attorney that compliance with Ordinance No. 143, 1995 was not relevant, and the Board chose to not let me address how the proposed project fails to conform to the conditions of Ordinance No. 143, 1995. 2. The Planning and Zoning Board failed to conduct a fair hearing in that the Board considered evidence which was substantially false or grossly misleading. Some examples include: that the subdivision requirements had been met; that conditions of Ordinance No. 143, 1995 had been met; that the Corps of Engineers approval had been givers; 417 May 20, 1997 that City standards did not have to be met for streets; that staff comments didn't have to be considered. 3. The Planning and Zoning Board failed to conduct a fair hearing in that the Board improperly failed to receive all relevant evidence offered by the Appellant specifically relating to staff comments on the subdivision proposal that had not been addressed and conditions of Ordinance No. 143, 1995 that had not been met. " City Attorney Steve Roy briefly outlined the appeal process, clarifying the definition of parties -in - interest and spoke of the appellants allegations. He stated this appeal is unique because it is an appeal of a minor subdivision decision. City Planner Steve Olt gave a brief staff presentation on this item and showed slides of the site. He spoke of the history associated with the property and reviewed the allegations in the appeal. Appellant Jan Cottier, 317 N. U.S. Highway 287 appellant, stated there have been many irregularities in the process and that the basis for filing the appeal is that the proposed development does not meet the basic subdivision requirements or comply with the conditions of Ordinance No. 143, 1995. She stated staff treated the project as a minor sub and stated the Code clearly states if a project is reviewed by the Planning and Zoning Board it is to be treated as a standard sub. She stated the proposed development does not meet the City street standards and stated the development agreement was not completed prior to approval of the subdivision plat. She spoke of the need for the integration of transportation options and supported requiring the 100 foot minimum buffer zone as recommended by Natural Resources to protect the natural resource areas. She stated that recommendation was administratively overruled by staff. Lucia Liley, attorney representing the Developer, Don Parsons, believed the major disagreement is whether or not a mobile home park is an appropriate land -use for the site. She reported that the record shows notices were sent out prior to the decision and that the appellant did not provided any comments or objections to studies or information submitted. She spoke of efforts on behalf of the developer to meet with the neighborhood to address its concerns regarding street construction, street maintenance, sidewalks, approval of the wetlands study, etc. She addressed comments regarding public emergency access easements not complying with Street Standards of the Subdivision Code and clarified there is no requirement for dedicated public streets in the City Code. She commented there is emergency fire access over all private drives internal to the subdivision and spoke of the bikelane and sidewalk improvements that the developer has agreed to build. She stated there are no buffer requirements in the Subdivision Code. nu May 20, 1997 Rusty Collins, Executive Director of Neighbor to Neighbor, expressed support for the project and spoke of the need for this type of affordable housing. Lou Stitzel, 521 E. Laurel, urged Council to uphold the decision of the Planning and Zoning Board and expressed the ongoing need for affordable housing. Rebuttal Appellant Jan Cottier confirmed that she does not believe a mobile home park is an appropriate use for the site but stated that is not the point of her appeal. She stated issues of natural resource concerns, sidewalk and bikelanes, etc., were relevant to the Subdivision Code. She refuted the statement that issues were resolved when the first appeal was withdrawn. She expressed frustration that she was not allowed, to address conditions of Ordinance No 143, 1995, and that the Planning and Zoning Board was told that those conditions were not relevant. She spoke of concerns regarding street widths and their relationship to emergency access, noting two years earlier the Poudre Fire Authority was adamantly opposed to a subdivision whose street widths were wider than what is currently being proposed. She stated it was Council's responsibility to assure that City standards and ordinance conditions were met. Lucia Liley clarified that staff comments were not to be considered as part of this appeal. She commented on the fact that everyone who was listed on the original appeal withdrew and sent a letter stating their satisfaction with the response they received by the developer. She stated that at no time was Ms. Cottier forbidden to speak to the Planning and Zoning Board and clarified that she did not offer to submit evidence. Ms. Liley requested that she be allowed to submit a letter from the Poudre Fire Authority which states the points of access requirements have been met. Cottier stated she never read comments by the Poudre Fire Authority prior to the subdivision hearing and did not object to Council receiving a copy of the letter. City Attorney Steve Roy clarified the letter would be received since there was no objection from the appellant. Olt clarified the subdivision plat was submitted under the minor subdivision ordinance and submitted as one single lot for the entire acreage, which was then separated into tracks and easements which is a requirement for development to continue. Development Review Civil Engineer Ward Stanford responded to questions and clarified the difference between private drives and streets. He stated the City Code does not direct a developer to provide public right-of-way inside a development and clarified that the City is not responsible for maintenance on private drives. He responded to Council questions and stated the major arterial linked to International Blvd would be Timberline Road. 419 May 20, 1997 Councilmember Byrne questioned if International Blvd. is being built to County or City standards. Stanford clarified the City and the County share the same standards and spoke of the types of information contained in a Development Agreement. City Manager John Fischbach stated a Development Agreement is required regardless of Council's action. Director of Community Planning and Environmental Services Greg Byrne clarified a buffer zone was agreed to by the developer and the neighborhood. City Attorney Steve Roy suggested that the decision of the Planning and Zoning Board is upheld, that approval be conditioned upon the execution of a Development Agreement and utility plans. Councilmember Byrne made a motion, seconded by Councilmember Kneeland, that the Planning and Zoning Board did conduct a fair hearing on the Dry Creek Minor Subdivision. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Byrne, that the Board did property interpret the relevant sections of the Code. Councilmember Wanner offered an amendment to his previous motion to read as follows: "the City Council approves the Dry Creek Minor Subdivision upon the condition that the Development Agreement, final utility plans and final plat for the Dry Creek Minor Subdivision be negotiated between the applicant, Parsons and Associates, and City staff and executed by the applicant and the City prior to May 20, 2000. This approval shall be conditional, approval shall be deemed to be final approval for the purposes of statutory vesting of rights under Sections 29-512 - 29-516 of the transitional land -use regulations. If this condition is not met by May 20, 2000 then the final approval of the Dry Creek Minor Subdivision shall become null and void and no affected any vested rights shall be forfeited as provided in C.R.S. paragraph 24-68-103". Councilmember Byrne as seconder of the original motion accepted the amendment as friendly. Councilmember Mason reluctantly supported the motion expressing concerns regarding traffic and wetlands that he believed should have been previously addressed. He stated it is important to look at the overall good to the community the project would provide. Councilmember Wanner supported the motion and stated that although he did not believe the site was ideal, he expressed the community's need for affordable housing. Councilmember Byrne spoke in support of the motion. 420 May 20, 1997 Councilmember Bertschy supported the motion, noting the challenge ahead is how this would be integrated into some reasonable sense of planning. Mayor Azari stated she did not believe the Planning and Zoning Board was mislead and supported the motion. The vote on Councilmember Warner's motion as amended was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Wanner. Nays: Councilmember Smith. THE MOTION CARRIED. Resolution 97-73 Stating the Intent of the City of Fort Collins to Annex Certain Property and Initiating Annexation Proceedings for Such Property to Be Known as the K-2 Annexation, Adopted. The following is staffs memorandum on this item. "Executive .SummarX The properly being considered for annexation has, for a period of not less than three. (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The property being considered for annexation is approximately 29.7 acres in size and is located east of 1-25, 1/4 mule north of Vine Drive and south of the Lorimer and Weld Canal. The property is currently used for a wholesale distribution business, boat and RV storage, and agricultural feed sales oil three separate parcels of land. The proposed zoning for this annexation is I - Industrial. The proposed Resolution stales that it is the City's intent to annex this enclave property and directs that the published notice required by State law be given of the Council meeting to consider the needed annexation ordinance. The time of First Reading of the annexation and zoning ordinances is schedided for July 1, 1997. Not less than thirty days prior published notice is required by State law. BACKGROUND: The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Lorimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to state law. The property became completely surrounded by the City of Fort Collins through the following annexations: N: Buckeye Farms, Inc. And Harold D. Einarsen Annexation - October 18, 1988 E: Buckeye Farms, Inc. And Harold D. Einarsen Annexation - October 18, 1988 421 May 20, 1997 S: Front Range Farms 11 Annexation - January 19, 1988 W: Allen, Lind, Moore Annexation - February 21, 1984 The property became eligible for annexation as an enclave on October 18, 1991. The annexation is made up of three parcels of land. The owners are: Matrix Investment Company 1118 NE Frontage Road Fort Collins, CO 80524 Frank A. Just 1050 Greenfield Court Fort Collins, CO 80524 A. L. Gilbert Company PO Box 38 Oakdale, CA 95361 Planning and Zoning Board Recommendation The Planning mid Zoning Board conducted a public hearing on the annexation and zoning request at its continued meeting on April 14, 1997. The Board recommended that the Council deny this annexation by a vote of 3-0 with one abstention. The recommendation for denial was based on the Board's observations that this property is on the fringe of the City limits and Urban Growth Area and that there has been no growth pressures in this area indicated by nearby development applications. " Director of Current Planning Bob Blanchard gave a brief staff presentation on this item, noting this is the first zoning change under the new Land Use Code. Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-73. Steve Woodward, General Manager of Fort Collins Feed, opposed being annexed into the City and stated he was very happy with the services he receives from Larimer County. David Ball, 844 E. County Road 68, opposed being annexed and read a letter from Mr. Anderson who expressed his concerns in being annexed by the City. Frank Just, 1050 Green Court, questioned why it was necessary for him to confront Council when the Planning and Zoning Board voted unanimously not to annex the property. Duane Lebsack, 5637 Hummel Lane, opposed the annexation. 422 May 20, 1997 Blanchard briefly outlined requirements in the UGA agreement for review of enclave development. Mayor Azari stated she voted against the annexation in 1992 and spoke of the City's Intergovernmental Agreement with Larimer County that outlines the City's responsibility to consider annexation, three years after an enclave is created. She stated these enclaves are completely surrounded by the City of Fort Collins. City Attorney Steve Roy stated he would provide Council with information regarding de -annexation. Finance Director Alan Krcmarik spoke of tax differences between the County and the City. Councilmember Byrne stated many of the businesses not wanting to be annexed into the City operate their businesses in and through the City limits damaging infrastructure. He stated those businesses should be responsible for street maintenance, too. Councilmember Kneeland opposed the motion stating this was not the right solution for this particular piece of property. Councilmember Bertschy supported the motion stating adoption of the motion would only start the process and stated it was a necessary requirement of the UGA. Councilmember Mason opposed the motion, stating there was no obvious benefit to the City to annex the property. Councilmember Wanner supported the motion and of the need to have contiguous pieces of land under the City's control. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Smith and Wanner. Nays: Councilmember's Byrne, Kneeland and Mason. THE MOTION CARRIED. Other Business Resolution 97-74 Appointing a New City Representative to the Board of Trustees of the Northern Colorado Community Housing Corporation D/B/A Funding Partners for Housing Solutions, Adopted. The following is staffs memorandum on this item. 423 May 20, 1997 "Executive .Summary Because former Mayor Pro Tem Gina Janett's term of service as the City's representative to Northern Colorado Community Housing Corporation has expired, this Resolution appoints a new City representative to that Board. BACKGROUND: Northern Colorado Community Housing Corporation, ivhich is also known as Funding Partners for Housing Solutions, was formed through the cooperative efforts of the cities of Fort Collins and Loveland and Larimer County. The purpose for which Funding Partners exists is to coordinate the efforts of these governmental entities in promoting the provision of affordable housing in Northern Colorado. On February 20, 1996, the City Council adopted Resolution 96-24 whereby it appointed then Mayor Pro Tem Gina Janelt to serve as the City Council's representative on the Board of Trustees of Funding Partners Ms. Janett's tern ofservice ended on April 15, 1997, and it is necessary for the City Council to appoint anew representative to the Board of Trustees. The proposed Resolution provides for .such appointment." Councilmember Kneeland made a motion, seconded by Councilmember Mason, to adopt Resolution 97-74 inserting the name of Will Smith. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Resolution 97-75 Amending Section 3 of Resolution 97-65 as it Relates to Appointments to the Poudre Fire Authority Board of Directors, Adopted. The following is staffs memorandum on this item. `Executive Smminnary At its May 6, 1997 meeting, Council adopted Resolution 97-65 making board and commission liaison assignments and committee appointments. By adoption of Resolution 97-65, Councilmembers Chuck Wanner and Mike Byrne were appointed to serve on the Poudre Fire Authority Board of Directors ("PFA Board'). Councilmember Bill Bertschy, ivho previously expressed an interest in the PFA Board, has requested that Council reconsider the appointments to the PFA Board, and Councilmember Byrne has indicated his ivillingness to relinquish his appointment to the PFA Board to Co ncilmemher Bertschy. This Resohntion amends that portion of Resolution 97-65 making appointments to the PFA Board by deleting the name of Mike Byrne and inserting the name of Bill Bertschy. " 424 May 20, 1997 Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Resolution 97-75 replacing Councilmember Byrne with Councilmember Bertschy. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. ��IIL�LIO1_\:411110 Councilmember Kneeland requested a two page memo regarding private roadways in developments. Councilmember Smith reminded everyone that the next City Council meeting will begin at 6:00 p.m. The meeting adjourned at 10:50 p.m. ATTEST: Adjournment 425