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HomeMy WebLinkAboutMINUTES-12/21/1993-Regularn DECEMBER 21, 1993 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, December 21, 1993, 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, Horak, Janett, Kneeland, McCluskey, and Winokur. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Larry Cumley, Fort Collins resident, stated he was concerned with the amount of growth that was taking place at the Fort Collins/Loveland Municipal Airport. Rick Hoffman requested a moratorium on development in the City and County. He stated the City needs to develop a comprehensive plan because development is increasing substantially. Al Baccili, 520 Galaxy Court, stated he disapproved of the Platte River Power Authority paying $4,800 per year in dues to the Chamber of Commerce. Citizen Participation Follow -Up Councilmember Winokur stated the Board will review the various organizations that the Platte River Power Authority should or should not belong to. Councilmember Kneeland stated there is an emerging issue with the Fort Collins/Loveland Municipal Airport. Councilmember Horak stated the City has no control on what types of planes can land at the Fort Collins/Loveland Municipal Airport because various projects are funded by the federal government. Councilmember Janett stated that Loveland and Fort Collins City Councils and Larimer County Commissioners discussed the need for a buffer zone to protect residential areas from the noise that occurs at the Fort Collins/Loveland Municipal Airport. She stated a Growth Management Committee is being formed to review development issues. Councilmember Apt stated the Neighborhood Compatibility Study which will be implemented increases the notification boundaries for development. City Manager Burkett stated the marketing plan and the land use plan for the Airport will be addressed by the Loveland and Fort Collins City Councils and the Larimer County Commissioners. Agenda Review ' Mayor Azari requested that Item #14, Second Reading of Ordinance No. 159, 1993, Amending Chapter 26 of the Code of the City of Fort Collins by the Adoption of the Old Town Master Drainage Basin Plan and by Adopting Fees Therefor, be withdrawn from the Consent Calendar. December 21, 1993 Councilmember Horak request that Item #15, Second Reading of Ordinance No. 162, , 1993, Amending Section 29-167 of the Code of the City of Fort Collins Increasing the Minimum Lot Size in the N-C-M, Neighborhood Conservation Medium Density Zoning District, be withdrawn from the Consent Calendar. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a length 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 will be considered separately under Agenda Item #31 Pulled Consent Items. 8. Consideration of the minutes of the regular meeting of November 2, 1993. 9. Second Reading of Ordinance No. 153, 1993, Adopting the 1994 City of Fort Collins Total Compensation Pay Plan. 10. In July 1993, Council adopted its Human Resource Management and Productivity Policy, which includes the Total Compensation Policy for classified employees and unclassified management employees. The policy states that the totalcompensation for these City employees will average 4.5% above the median of the labor market. Based on this Policy, staff has developed the proposed pay plan. The Code I requires that the Council adopt the classified employee pay plan by ordinance. Surveys for the 1994 Total Compensation plan have been completed and indicate that the average total compensation adjustment for 1994 should be 2.97%. Average salary adjustments will equal 3.2%. These increases are within the amount budgeted for total compensation in the 1994 Budget, and average 4.5% over the median of the labor market. Ordinance No. 153, 1993 was unanimously adopted on First Reading on December 7, 1993. Ordinance No. 154, 1993 was unanimously adopted on First Reading on December 7, 1993. Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale conducted by the Larimer County Treasurer if special assessments levied against the property have not been paid. The property was sold at the 1989 tax sale and a tax certificate of purchase was issued to the City as there were no interested private investors. The owner of the property conveyed title to the City through a deed in lieu of foreclosure. Last May, the City Council adopted Resolution 92-91 establishing policies for the sale of such property. 10 December 21, 1993 The City offered this property for sale by open bid on December 15, 1992. The one offer received at that time was rejected because it was approximately half the appraised value of the property. The lot has been open for offers since then and the contract from Holz Construction represents the best offer received to date. 11. Second Reading of Ordinance No. 156, 1993, Amending Chapter 26 of the Code Relating to User Rates and Charges for the Water and Wastewater Utility. 12. This Ordinance, which was unanimously adopted on First Reading on December 7, updates unit wastewater surcharge rates in Section 26-282(a) to conform with those in Section 26-280 included in Ordinance No. 136, 1993 passed by the City Council on November 16, 1993. The changes included in this ordinance were inadvertently omitted from the changes included in Ordinance No. 136, 1993. The rate increases included in this ordinance will have the same January 1, 1994 effective date as the previously approved changes. The City of Fort Collins was awarded a grant from the Colorado Historical Society in the amount of $8,000 to expand Fort Collins' developmental period historic contexts to include more complete information on the theme of agriculture in the Fort Collins UGA and to survey a minimum of 35 historic resources associated with agriculture and the Poudre River within the Fort Collins UGA. This Ordinance, which was unanimously adopted on First Reading on December 7, enables the City to match this $8,000 grant with a $2,000 cash match from the Planning Department's budget and $6,000 of in -kind staff and volunteer time to administer the grant. 13. Second Reading of Ordinance No. 158, 1993, Vacating Portions of Right -of - Way for Brittany Drive as Dedicated by Deed in Connection with Soecial Improvement District #81. On October 25, 1993, the Planning and Zoning Board gave final approval to the Provincetowne P.U.D., First Filing, for Phases 1 through 4, located at the southwest corner of Lemay Avenue and Trilby Road. Certain street improvements in the area were constructed with Special Improvement District N81. The right-of-way for those streets was dedicated by deed as part of the S.I.D. At that time, it was anticipated that future residential streets would intersect at particular locations along Brittany Drive and right-of-way for those .future intersections was dedicated. However, the developer has since received final approval of the Provincetowne P.U.D. which dedicates streets to serve the surrounding property which intersect at other locations on Brittany Drive. Therefore, the right-of-way for the old intersection locations is no longer necessary and is proposed for vacation at this time. Ordinance No. 158, 1993 was unanimously adopted on First Reading on December 7, 1993. 11 December 21, 1993 14. 15. 16. Second Reading of Ordinance No. 159, 1993, Amending Chapter 26 of the Code I of the City of Fort Collins by the Adoption of the Old Town Master Drainage Basin Plan and by Adopting Fees Therefor. Currently there is no master plan or financing plan for improvements in the Old Town drainage basin to address flooding problems. The Old Town Master Plan is one of the last basins to have a master plan prepared. This Ordinance, which was unanimously adopted on First Reading on' December 7, enables the master plan to include improvements and a funding source to provide improvements to address flooding problems in the basin. The funding for the improvements is proposed to be a maximum of $3.58 per month for a 8,600 sq. ft. single family lot and a new development basin fee base rate of $4,150 per acre. This funding will support a pay as you go philosophy for a capital improvements program over a 23 year period. All public and private utilities have been notified of the proposed vacation and they report no objections. This Ordinance, which was unanimously adopted on First Reading on December 7, amends the text of the Zoning Code to increase the minimum lot size requirement in the N-C-M, Neighborhood Conservation Medium Density, Zone, from 4,500 square feet to 5,500 square feet. The proposed increase to the ' minimum lot size is in response to neighborhood residents' concerns on the development of a secondary residential structure on a lot which already contained a structure. Many lots in the N-C-M Zone have typical dimensions of 50 feet wide by 190 feet deep, for a total of 9,500 square feet. A 9,500 square foot lot would allow for two 4,500 square foot "lots," each of which could contain a residential structure of a density allowed in the zone. The N-C-M Zone allows a duplex (2 units in one structure) to be constructed on a 4,500 square foot lot. Thus, it is possible for a 9,500 square foot lot to contain two duplexes, one on the "front" part of the lot and a second on the "back" part of the lot, provided the uses are approved by the Planning and Zoning Board. This amendment to the Zoning Code would prohibit secondary structures on single lots which are less than 10,000 square feet in size and would require such uses to acquire additional lot area from adjacent lots. Under Chapter 22 of the Code, the City is authorized to sell property at the annual tax sale conducted by the Larimer County Treasurer if special assessments levied against the property have not been paid. The property was sold at the 1988 tax sale and a tax certificate of purchase was issued to the City as there were no interested private investors. The property was conveyed to the City through a treasurer's deed. Last May, the City I Council adopted Resolution 92-91 establishing policies for the sale of such property. 12 December 21, 1993 17. The City offered this property for sale in April and the only bid received was less than appraised value and was rejected. The property has been appraised at $72,000 for a church/day care center and $100,000 for residential use. On December 7, Council unanimously adopted this Ordinance on First Reading authorizing the sale of the property to Nebarado Construction Inc. for $100,000. A. Second Reading of Ordinance No. 167, 1993, Authorizing the Sale to William L. Neal and Charlotte E. Jorgensen of Real Property Described as Tract A of the Fairbrooke SID. B. Second Reading of Ordinance No. 169, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing. On September 7, 1993 the Council adopted Ordinance No. 102, 1993, which provided for the sale of Tract A of the Fairbrooke SID ("Tract A") to Colorado Land Source, Ltd. with the stipulation that the sales agreement not contain any contingency based on approval of land use by the Planning ' and Zoning Board. In response to this new stipulation, Colorado Land Source, Ltd. submitted a new sales agreement which included the purchase of tax certificates held by the City on forty-one lots in the Brittany Knolls PUD. The Ordinance authorizing the sale of Tract A and the tax certificates on Brittany Knolls PUD was considered by the Council on October 5, 1993. The Council took no action on the offer at that time. The City had also received two more purchase offers on Tract A from William Neal and Charlotte Jorgensen and from Everitt Investments, Inc. ("Everitt"). On December 7, Council unanimously adopted Ordinance No. 167, 1993, which authorized the sale of the property to William L. Neal and Charlotte E. Jorgensen. Ordinance No. 169, 1993, which was unanimously adopted on First Reading on December 7, approved the revised offer submitted by Colorado Land Source, Ltd. which increased the offer on the tax certificates from $168,000 to $201,500. The ordinance has been amended to clearly show the notice requirements for the sale of tax certificates, as stipulated in the Code, have been followed and that the bondholders will not be harmed by this transaction. 18. Second Reading of Ordinance No. 171, 1993, Amending Section 2-581 of the Code of the City of Fort Collins and Fixing the Compensation of the City Attorney. City Council met in Executive Session to conduct the performance appraisal ' of City Attorney, Steve Roy. This Ordinance, which was unanimously adopted as amended on First Reading on December 7, establishes the 1994 salary of the City Attorney. 13 December 21, 1993 19. 20. City Council met in Executive Session to conduct the performance appraisal of Municipal Judge, Kathleen M. Allin. This Ordinance, which was unanimously adopted as amended on First Reading on December 7, establishes the 1994 salary of the Municipal Judge. City Council met in Executive Session to conduct the performance appraisal of the City Manager, Steve Burkett. This Ordinance, which was adopted 4-2 as amended on First Reading on December 7, establishes the 1994 salary for the City Manager. 21. First Reading of Ordinance No. 175, 1993, Authorizing the Mayor to Execute a Utility Easement in Favor of Public Service Company of Colorado. The City of Fort Collins has an unplatted storm drainage detention area bordered by Skyline Drive and Fort Ram Village II. Colorado State University is constructing a new housing project to the north of this area and needs natural gas service as soon as possible. Public Service is requesting a 10' easement along the westerly boundary of the storm I drainage detention area for installation of a new gas main to serve this new construction area. This request has been circulated to all utilities for their concurrence. There were no objections to this easement as long as the area is shared by Public Service, Light and Power, and Columbine Cable. Public Service has agreed to restore the easement area as specified by the Stormwater Utility Department. 22. First Reading of Ordinance No. 176, 1993, Amending Sections 29-304 and 29- 23. This request is to make certain "housekeeping" changes to Sections 29- 304(a) and 29-342(a) of the Zoning Code (Chapter 29) to bring these sections in conformance with Ordinance 151, 1993, which adopted Code changes related to the Neighborhood Compatibility Study. On January 1, 1960, Chris Rasmussen executed a quit claim deed to convey to "the public for road and rights -of -way purposes" a parcel of land adjacent to Homer Drive at Cook Court. The parcel provides sole access to property owned by Gino Campana. Mr. Campana has requested that the City ' quit claim any interest the City may have in the parcel so that he may pursue acquiring ownership of parcel. The City Attorney's office has reviewed the original quit claim deed and has determined that Mr. 14 December 21, 1993 Rasmussen's quit claim to "the public" recorded with Larimer County was not, in the absence of City acceptance, a proper dedication of property to the City. Public streets and roads do not become official until the dedications for those facilities are accepted by the City. There is no evidence that the City ever accepted the quit claim deed, no public street improvements were ever constructed, nor is the parcel needed for a future public street or access. Therefore, providing Mr. Campana with a quit claim deed would establish for the record that the City did not accept and has no interest in the parcel originally dedicated to the public.by Mr. Rasmussen. 24. Items Relating to Governance Issues. 25. A. Resolution 93-195 Establishing Certain Additional Responsibilities of the Mayor of the City of Fort Collins. B. First Reading of Ordinance No. 178, 1993, Amending Section 2-30 of the Code of the City of Fort Collins Pertaining to the Meeting Agenda of the City Council. At the November 23 work session, Council gave direction that a resolution establishing additional responsibilities of the Mayor beprepared for formal Council consideration. Council's direction was that any such additional responsibilities of the Mayor should be specified for the time period of the individual Mayor's term of office and that a resolution defining these duties would be preferable to an ordinance. Council also gave direction at the work session that an ordinance relating to agenda responsibilities be scheduled for Council's consideration. Council direction was that the ordinance provide that the City Manager prepare the agenda for all regular and special meetings of the City Council in consultation with the Mayor and the Mayor Pro Tem. This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with Larimer County for the purpose of providing social and human services to the City of Fort Collins in 1994. The Resolution also allocates funds from the 1994 budget for these purposes. Since 1981, the City has contracted with Larimer County to allocate and administer the distribution of human services funds via the Human Resource Grant Program administered by the County Department of Human Development. The recommended allocation of the funds among the human service agencies participating in the Human Resource Grant Program is developed by Larimer County's Human Resource Committee. City Council will approve these ' allocations to the various service providers, with the passage of this resolution. In 1994, an additional $23,500 is recommended for programs that assist at -risk youth. 1V December 21, 1993 This contract with the Larimer County Department of Human Development is ' consistent with the City's Human Services Policy, adopted in August of 1992. This intergovernmental agreement provides for services for low- income, disabled, elderly, youths and others in need throughout the City and in Larimer County. The total 1994 funding for the Human Resource Grant Program will be $481,501. The City of Fort Collins will contribute $282,200 to this program, 20% ($47,000) more than in 1993. Fort Collins' funds are given to Fort Collins Service Providers, serving residents of the City. The City of Loveland is contributing $82,607 in 1994, 4% more than they contributed in 1993, and Larimer County is contributing $116,699, 10% more than it contributed in 1993. 26. Resolution 93- 27. The City Council has expressed an interest in reviewing the organizational structure of the City. The purpose of this review is to ensure that the City's resources are organized in a way that best maintains quality service delivery and supports the implementation of the City Council policy agenda. These issues were recently discussed at a joint meeting of the City Council and the Executive Lead Team. Council expressed concerns about the timing of some of the policy agenda items coming back to the Council for action and wanted to ensure that the organizational structure ' was promoting an integrated review and response to policy agenda items. Staff requested help in this regard and suggested staff work with Council to prioritize the policy agenda. As a result of the joint work session, there was agreement that a Council committee would be appointed to work with the staff to both review the organizational structure and help address the question of prioritizing the Council policy agenda. Council asked that the organizational review be completed no later than March 1, 1994. An existing sanitary sewer line, built in 1978, crosses two lots in the Landings at 642 Skysail and 700 Breakwater Drive. No easements of record have been found. The cost of relocating the sewer into the existing street right-of-way would be approximately $150,000. Thus, the most cost- effective approach for the City to pursue is the acquisition of an easement through this lot to accommodate the existing sewer line. Although the City has been negotiating with the property owner of the vacant lot at 642 Skysail for the last 18 months, the City has not been able to reach an agreement on compensation for this easement. Therefore, staff recommends commencing the eminent domain process to I obtain this easement. 16 December 21, 1993 I 29. 30 On October 14, 1993, the Zoning Board of Appeals voted unanimously to deny Mr. Jerry Roselle's variance request for the property he owns at 1104 Green Street. The variance would have reduced the required rear yard setback from 15 feet to 6 feet in order to allow the construction of a 168 square foot storage shed in the back yard of the property. The Board cited the lack of a hardship as the reason for their denial. On October 28, 1993, Mr. Roselle filed an appeal of the Zoning Board's decision. On December 7, 1993, Council voted 5-1 to overturn the decision of the Zoning Board of Appeals. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact finalizing its decision on the appeal. Vacancies currently exist on the Commission on the Status of Women due to the resignations of Donna Aurand, Kathleen Faller, and Stacey Johnson. Applications were solicited and Councilmembers Janett and McCluskey interviewed new applicants and active applicants who expressed an interest in being reinterviewed. A vacancy currently exists on the Library Board due to the resignation of Fay Rhoadarmer. Councilmembers Azari and Kneeland reviewed the applications on file and are recommending Jean Dietemann be appointed to fill the term which expires July 1, 1994. Vacancies also exist on the Transportation Board due to the resignations of Mike Poppenwimer and James Reidhead. Applications were solicited and interviews conducted by Councilmember Janett and McCluskey. Routine Deeds and Easements. The following Deed of Dedication and Easement Dedications are being submitted by Oak Farm, Inc. The Right -of -Way and Easements being dedicated are all located in the east half of Section 1, Township 6 North, Range 69 West of the 6th Principal Meridian, Fort Collins, Colorado. All the Easements being dedicated are adjacent to the Right -of -Way being dedicated. A. Deed of Dedication for Boardwalk Drive Right -of -Way. B. Easement Dedication for utility purposes. C. Easement Dedication for utility purposes. D. Easement Dedication for a 60'. wide drainage easement. E. Easement Dedication for a 20' wide drainage easement. 17 December 21, 1993 F. Easement Dedication for a 40' wide drainage easement. ' G. Easement Dedication for 8' and 15' utility easements. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 9. Second Reading of Ordinance No. 153, 1993, Adopting the 1994 City of Fort Collins Total Compensation Pay Plan. Agricultural and Poudre River Historical Structures. Improvement District #81. I Knolls PUD, First Filing. A. Second Reading of Ordinance No. 167, 1993, Authorizing the Sale to William L. Neal and Charlotte E. Jorgensen of Real Property Described as Tract A of the Fairbrooke SID. B. Second Reading of Ordinance No. 169, 1993, Authorizing the Sale to Colorado Land Source, Ltd. of Tax Sale Certificates of Purchase for Lots 1 through 25, inclusive, Block 1 and Lots 1 through 16, inclusive, Block 2, Brittany Knolls PUD, First Filing. 18. Second Reading of Ordinance No. 171, 1993, Amending Section 2-581 of the Code of the City of Fort Collins and Fixing the Compensation of the City I Attorney. E December 21, 1993 19. Second Reading of Ordinance No. 172. 1993. Amendina Section 2- 20. Second Reading of Ordinance No. 173. 1993. Amendina Section 2- 36. Items on First Reading were read by title by City Clerk Wanda Krajicek. 21 22. 23. First Reading of Ordinance No. 175, 1993, Authorizing the Mayor to Execute a Utility Easement in Favor of Public Service Company of Colorado. ' 24. First Reading of Ordinance No. 178, 1993, Amending Section 2-30 of the Code of the City of Fort Collins Pertaining to the Meeting Agenda of the City Council. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Reports Councilmember Kneeland stated that the Legislative Committee met with state legislators to initiate a dialogue for the 1994 legislative session. Councilmember Janett stated she attended the Congestion Management Focus Group Meeting which reviewed transportation and land use issues. She stated one topic focused on land use density as it effects the city's transportation system. Mayor Azari stated her appreciation for having City Attorney Roy as part of the staff for the City. She stated he has done exemplary work for Council. She stated Kathy Allin is a fine representative for the City of Fort Collins and has done an outstanding job as Municipal Judge. She stated her appreciation for City Manager Burkett's willingness to work with City Council. 1 19 December 21, 1993 Resolution 93-201 Authorizing the Purchasing Agent to Enter into a ' Contract with the Humane Society of Larimer County for Animal Control Services, Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT Funds for the contract are authorized in the 1993 and 1994 budgets of Police Services. EXECUTIVE SUMMARY The City of Fort Collins has contracted with the Humane Society for Larimer County for animal control services for the past twelve years. The contract requires a wide variety of equipment and services including: public education, maintaining and equipping a shelter facility; veterinary care; humane and modern vehicles equipped for transporting animals; radios; uniforms; administration of the pet licensing program; furnishing humane traps as appropriate; maintaining adequate liability insurance; quarterly reports to the Director of Finance; pick- up and disposal of dead animals, general response to animal -related calls for service within the City and trained animal control officers and staff. There is no other known organization, entity or individual capable of performing these services. The proposed contract for 1993 totals $174,074. This is an increase of $15,000, ' or 9.43% over 1992. It includes $10,000 one-time money. The proposed contract for 1994 totals $169,817. This is an increase of $5,743 or 3.5% over 1993, less the $10,000 one-time money. Increases have been budgeted to offset increasing operation costs for both the shelter and Animal Control. Animal Control enforcement will modify its coverage to a proportional or seasonal coverage deployment in an attempt to better meet peak demand for their services. The contractual relationship between the City and the Humane Society for Larimer County remains excellent, with the Society dedicated to providing professional animal control enforcement and education to the community." Bud Reed, Division Commander, outlined the 1994 expected outputs between Police Services and the Humane Society. He stated the Humane Society is expected to answer 6,500 calls with an average response time of 20 to 25 minutes. He stated the Police Department has taken a more active role in assisting Animal Control with after hours responses. He stated a representative from the Police. Department has been assigned as a liaison to Animal Control in order to effectively meet the needs of animal control throughout the city. He stated the Police Department representative and the Humane Society plan to meet quarterly to monitor the needs, service levels, and to discuss possible future contract adjustments. Lisa Sauter, Executive Director of the Humane Society, stated 68 percent of the ' revenue for the Humane Society comes from the City's General Fund. She stated that none of the Humane Society revenue comes from court fines. She stated 67.5 percent of the revenue is allocated to personnel expenses and she explained the 20 December 21, 1993 ' various other expenses and services that the Humane Society provides. She stated the Humane Society is a non-profit organization and most of the food is donated from the community. She provided several statistics on impounded animals as well as reclaim rates of the animals. She stated licensing of animals is extremely important to this organization because when an animal is properly licensed, the owner can be contacted promptly to come and retrieve their animal. Jan Miller, Animal Control Supervisor, stated the Humane Society has expanded its after hours service beyond the contract requirement. She stated that extended time has increased the calls to over 7,000 per year excluding emergency calls. She stated the animal control officer works four - ten hour days and 50 percent of that time is spent driving. She provided salary figures and comparative salaries for other animal control agencies. She stated in 1991 a dispatch center was added to the facility and provides a 24 hour on call messaging service. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution 93-201. Councilmember Kneeland asked if it was a 24 hour dispatch position. Reed stated the dispatcher works from 8.a.m. to 8 p.m. Monday through Friday and 8 a.m. to 6 p.m. on weekends. He stated there is a messaging system that is implemented or the Poudre Emergency Communication Center takes calls after hours. Councilmember Horak asked if one calls the Humane Society after hours and reaches the recording, one can be connected directly with the Poudre Emergency Communication Center or does one have to hang up and dial another number. Reed responded that if a person chooses not to leave a message at the Humane Society, they must hang up and dial the number to the Emergency Communication Center. Councilmember Horak asked if a system for connecting the call directly from the Humane Society to the Poudre Emergency Communication Center could be implemented. Reed stated that option could be reviewed. Sauter stated the current system is more user friendly. She stated if a police officer cannot respond to the call directly, then the officer calls the Humane Society and leaves a message for the on -call animal control officer. Councilmember McCluskey asked if there were any plans or strategies to decrease the response time to calls. Sauter stated the animal control officers are in a response mode. She stated when an officer starts a shift there are calls backed up throughout the day and it occurs that way throughout the whole day. Councilmember Janett asked why the 1993 contract is coming to Council now for approval. ' Reed stated the 1993 was delayed due to the extensive review of the contract after the skunk incident took place. He stated the contracts from now on will be considered during the budget preparation. 21 December 21, 1993 Councilmember Janett asked if the wild animal traps would increase. She asked , if the committee would come back with ideas on the wild animal situation in the community. Reed stated several more traps have been purchased to accommodate the need. He stated the issue of wild animal control is being reviewed and recommendations will be brought before Council during the first quarter of 1994. Sauter stated the Humane Society purchased 20 more traps. Councilmember McCluskey stated the 1994 strategy is a good start for benchmarking. He believed increased staffing would decrease the response time for the animal control officers. Councilmember Janett stated that when the response time is being figured, traffic flow throughout the city should be taken into consideration and added that increased staffing would reduce the response time. Councilmember Kneeland believed the Humane Society is an important quality of life issue to the community. She stated the strategies that are being reviewed appear to move in the direction of improving the service that is being provided for this community. Councilmember Horak stated he would support the Resolution. He believed the communication system should be upgraded to allow the community to dial one number. The vote on Councilmember McCluskey's motion was as follows: Yeas: ' Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-159 Authorizing the City Manager to Purchase 1.89 Acres From Poudre School District R-1 for then Eastside Neighborhood Park Adjacent to the New Laurel School, Failed The following is staff's memorandum on this item. "FINANCIAL IMPACT Acquisition of this 1.89 acre parcel will cost $91,000. An additional $44,166 is requested to reimburse Poudre R-1 for site work, including demolition, debris removal, environmental audit and grading. This total cost of $135,166 represents the actual expenditures of Poudre R-1 on this site for both acquisition and site work. Funding for this acquisition is available in the Choices 95 Capital Projects ' Fund. Choices 95 budgeted $200,000 for land acquisition for the Eastside Neighborhood Park. An additional $480,000 is available for design and construction. 22 December 21, 1993 ' EXECUTIVE SUMMARY The Parks and Recreation Master. Plan and the Eastside Neighborhood Plan both identified the need for a park in the eastern section of the City. The Choices 95 project approved funding for an Eastside Neighborhood Park and this site was identified both in the Eastside Neighborhood Plan and in the Choices 95 staff report for acquisition as parkland. The purchase of this 1.89 acre parcel was presented to Council on October 19, 1993. Several questions arose at that time which led to the postponement of this item. Staff has done further research on those concerns and they are addressed in this summary. One concern raised was that the size of this property is not adequate for a neighborhood park and other adjacent properties were possibly for sale and should be considered. Staff again contacted the owners of these adjacent properties, specifically the US West site and Sportsman's Storage. Neither owner wishes to sell at this time. US West has renewed its lease for five more years and is planning to make improvements to the site. Other questions were raised at the October Council meeting concerning pedestrian and bicycle access through the park and the overall design of the combined school/park site. The overall site, including school grounds and the proposed purchase, totals 10.6 acres. The school recently developed a ballfield, playgrounds, basketball, and parking. The park will add a preschool playground, picnic shelter, and other facilities based on neighborhood input. Staff will coordinate with the school to integrate all of the activities into one usable site, including possible additional improvements to the school grounds, as determined during the design phase. The total combined acreage for park/playground activity will be approximately 7 acres. Access to the site will also be coordinated with the school and there will be access across the site to the shopping center. In addition, both Poudre R-1 and the City will coordinate with Poudre Valley Hospital to negotiate a shared use of their adjacent parking and detention area. Councilmember Janett will be fully informed about this design process as it develops. Council also had questions concerning street and sidewalk improvements near the school. Intersection improvements in the Eastside Neighborhood are funded in the Choices-95 Program in 1994, 1995, and 1996. In addition, the City Engineering Department will implement some minor street capital projects to improve sidewalks in this area. Councilmember Janett has agreed to take the lead with the neighborhood to determine the priorities for this work in 1994. The combined area for the school and park is smaller than most other similar combinations throughout the city. Monies for•this project will be,reserved in the Choices 95 budget in anticipation of adjacent properties becoming available for sale in the future. Staff will continue to work together with Poudre R-1 on additional land acquisition in this area. There are no guarantees that such an expansion will be possible; however, the reservation of these funds would allow staff to attempt to take advantage of this potential opportunity or other options in the Eastside Neighborhood. 23 December 21, 1993 The table below shows the estimated expenditures for the acquisition and ' development of the 1.89 acres and the approximate balance available for future use. Estimated Remaining Expenditure Appropriation Land Acquisition $ 91,000 $109,000 Design 20,000 20,000 Development Site Work 44,166 Park 175,834 220,000 Total $331,000 $349,000 BACKGROUND: The Parks and Recreation Master Plan and the Eastside Neighborhood Plan both identified the need for a park in the eastern section of the City. The Choices 95 project approved funding for an Eastside Neighborhood Park, including acquisition of up to five acres of land at a budgeted cost of $40,000 per acre. This property costs $48,148 per acre. An additional $44,166 has been expended for site improvements for which the City proposes to reimburse Poudre R-1. This site was identified both in the Eastside Neighborhood Plan and in the Choices 95 staff report for acquisition as parkland. It is the only site adjacent to Laurel Elementary School currently available for purchase. The cost of this property is higher than the average per acre price recently paid ' for parkland in residential areas. This land has historically been a commercial use (junkyard) and is zoned NCB which allows high density residential and business/commercial types of uses. A commercial shopping and business office center is located directly to the east and Poudre Valley Hospital recently purchased land in the area at a higher price per acre. The eastern section of the City is almost completely developed with few vacant parcels available for park sites. Staff began negotiating in 1989 with property owners to purchase land adjacent to Laurel Elementary School. One property owner was reluctant to sell because of pressure from neighbors. Eventually that land was sold to Poudre Valley Hospital and part of it was then traded to Poudre R-I and is currently developed as a grassy play area at the school. The City and Poudre R-1 began joint discussions concerning purchase of the junkyard site. The District's interest in acquiring the site was to allow more buffer area for its new school building and to remove a potential hazard. The City's interest was to create a joint park/school site to maximize the area available. Poudre R-1 took the lead in these property negotiations and in 1992, purchased this site adjacent to Laurel School which was under reconstruction. Poudre R-I had a contractor already on site to clean up the junkyard site. Contracts were then developed between the School District and the City to purchase the land for I the Eastside Neighborhood Park. I 24 December 21, 1993 The joint use of the Park continues the cooperative effort between Poudre R-1 and the City and it is also more cost-effective for the community. Shared facilities available for school and community use will include parking, playgrounds, ballfield, basketball, picnic shelter and other recreational facilities to be determined. There is potential for the City to further develop some of the school grounds to expand park and school uses. Staff has talked preliminarily with Poudre Valley Hospital about joint use of its parking lot. Laurel School is interested in using the slope of the adjacent detention pond as an outdoor classroom/amphitheater. The City could help facilitate these joint uses with the design and construction of the Park. Access to the Park will be available from Pennock Place to the east, Laurel on the north, and across school property from the east. Paved walkways will connect all access points. The Parks and Recreation staff presented this purchase to the Parks and Recreation Board on May 26th. The Board was supportive of this site for the fastside Neighborhood Park and recommended that negotiations continue with Poudre R-1. The School Board approved the sale of this land to the City on September 13, 1993. When Council approves this transaction, staff will proceed with closing on this parcel. The final design phase wi17 occur throughout the next few months with construction scheduled for spring and summer 1994." Mike Powers, Director of Cultural, Library, and Recreational Services, provided ' background information on the acquisition. He stated there were concerns with the overall design of the school/park site, the pedestrian/bicycle access, street/sidewalk improvements, and parking issues. He believed those concerns had been addressed and improved to accommodate the neighborhood. He stated if the Resolution is adopted, construction on the park could begin in 1994. He stated Poudre R-1 and the City have been working together on this project to provide the best park for the neighborhood. Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt Resolution 93-159. Leslie Bryson, Park Planner, stated the park and school site combined are a total of 10.7 acres. She stated Poudre R-1 spent $3.4 million on the entire project. She stated Poudre R-I provided playground equipment for older children and is allowing the community to utilize that equipment. The City would provide playground equipment for pre-school aged children and either a tennis or volleyball court. She stated Poudre Valley Hospital has agreed to share its parking lot with Poudre R-1 and the City. She stated a sidewalk would be built to connect the parking lot with the school and the fencing would be removed. Councilmember Janett asked about the District's viewpoints on sharing the park during school hours. Keith Dixon, Poudre R-1, stated it ' the community during school hours developing an agreement in terms of evening and weekend hours. is the District's goal to share the park with He stated the District and the City are integration of those school hours as well as 25 December 21, 1993 Councilmember McCluskey asked how much potential is there for the use of the old ; Fort Collins High School site. Dixon stated the District is working with the City regarding the inventory of space the District has available. He stated that by spring of 1994 there should be some direction on what the District plans to do with the old Fort Collins High School site. John Knezovich, 1205 Green, urged Council to defeat the Resolution. He stated the school site is inadequate in size. He stated most neighborhood parks are 12 to 15 acres in size and the City is proposing a 1.89 acre site to be used jointly as a school playground. He stated the Eastside Neighborhood needs more land to develop an adequate park site. Councilmember Kneeland stated there are several school sites that have less acreage then this school. She stated the City is retrofitting a park into an established neighborhood. She stated she would support the Resolution because it would be a welcomed addition to the area combined with the school playground. Councilmember Horak stated the site is too small for a neighborhood park. He asked why the City was purchasing small acreage for a park site. Powers responded there was no other land available for purchase. Councilmember Winokur asked if the school plans to build any additional buildings. Dixon stated the District does not have any plans for expansion on this site. ' Councilmember Winokur stated the School District already purchased the property; therefore, the taxpayers should not have to repurchase the property for the City. He believed the property was too small to accommodate a neighborhood park. He stated he would not support the Resolution. Councilmember Kneeland believed purchasing the property from the District is beneficial to the taxpayers. She stated Poudre R-1 would use the money received from the sale for education. Councilmember McCluskey asked if the City committed to buying the land from the District when it purchased the land. Powers stated there was an understanding between the District and the City. He stated the District would do the negotiations and would participate jointly in trying to acquire more land. Councilmember Winokur believed City dollars should not be used to purchase the land but to upgrade the property. Councilmember Horak asked if the Council authorized staff to negotiate with the District on the purchase of this property. He asked what position would the District take if the City were not to purchase this property. ' Powers stated there has not been any authorization from Council. He stated staff was operating under the intergovernmental agreement. 26 December 21, 1993 Dixon stated he would present this to the Board of Education and make an alternative recommendation. He stated the District would either make improvements to the property or sell the property. Councilmember McCluskey asked about the market value is on the two sites north of the property. Powers stated both sites to the north are 2.7 acres in size. He stated the US West Property was around $250,000. Councilmember Janett stated the size of the property is inadequate for a park site. Mayor Azari stated if the City were to purchase this property it would not fulfill the neighborhood's expectation. Councilmember Winokur stated the park site is too small and believed the City should not purchase the land unless there was an agreement to purchase the two properties to the north. . Burkett stated the voters approved $680,000 to purchase and develop a neighborhood park. He stated there is not a significant amount of property available in the Eastside Neighborhood to develop a park. He believed acquiring this property is a first step in developing a park for the neighborhood. Councilmember Winokur stated he would not support the Resolution because there are other options. He stated one option would be for the City to participate in developing the site and pursue the other surrounding properties. Councilmember McCluskey stated he would support the Resolution; however, he believed the money should go towards developing the property and not for the purchase. Councilmember Horak stated he would not support the Resolution because there is not a defined plan of action for the property. He stated the 1.89 acre site is too small to accommodate the neighborhood. Mayor Azari stated that staff and the District should discuss alternative sites for a better Eastside Neighborhood Park. She stated she would not support the Resolution because there needs to be a better plan in place. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Kneeland and McCluskey. Nays: Councilmember Apt, Azari, Horak, Janett, and Winokur. THE MOTION FAILED. 27 December 21, 1993 Ordinance No. 132, 1993 Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek Estates Annexation to the City of Fort Collins. Colorado Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY At the November 9 adjourned meeting, Council voted 6-1 to reconsider its November 2 decision concerning Ordinance No. 132, 1993, which would establish the zoning for the Fossil Creek Estates Annexation. It then postponed the matter to December 21 by unanimous vote. As a result of this Council action, the motion on the floor is the motion made at the November 2 meeting to place the property annexed under the Fossil Creek Estates Annexation in the T-Transition Zoning District. If, after discussion, Council decides to reinstate the R-L-P zoning as set out in the ordinance as adopted on first reading on October 19, a motion to amend Ordinance No. 132, 1993 would be necessary. The amendment would: (1) change the zoning from T-Transition back to R-L-P Low Density Planned Residential and (2) add the following additional Section to the ordinance to include the PUD condition: Section 3. That the zoning granted herein is expressly conditioned upon the entire above -described property being developed as a planned unit development in accordance with the Ordinances of the City. The existing Section 3 would need to be renumbered to Section 4. This is reconsideration of a request to zone approximately 31.12 acres located west of South Shields Street approximately one mile south of Harmony Road and approximately 114 mile west of the southwest corner of South Shields Street and Fossil Creek Drive (extended). The request is to zone the Fossil Creek Annexation, which consists of one parcel of land under single ownership. The property is not currently zoned. The applicant is requesting to be placed in the R-L-P, Low Density Planned Residential, Zoning District, with a Planned Unit Development (PUD) condition. APPLICANT: Dr. Richard Wuerker c/o Jim Sell Design 117 East Mountain Avenue Fort Collins, CO 80524 OWNER: Dr. Richard Wuerker 363 West Drake Road, Suite Fort Collins, CO 80526 1 m December.21, 1993 The property is located within the Fort Collins Urban Growth Area. The property was annexed to the City of Fort Collins on November 2, 1993 and placed in the T, Transition, Zoning District. On November 9, 1993 at an adjourned meeting, City Council decided to, reconsider second reading of the Zoning Ordinance and bring the item back to the Council on December 21, 1993. The property to the north, the Seven Springs/Hahn Annexation, known as the Cathy Fromme Prairie, was annexed to the City of Fort Collins on April 1, 1986. The property to the east, known as the Wuerker Annexation, was annexed to the City of Fort Collins on January 5, 1993 and was placed in the R-L-P Zoning District. On September 7, 1993 the applicant submitted a preliminary PUD, known as the Fossil Creek Estates PUD, for a single family subdivision on the entire Wuerker property, a 42.6 acre parcel consisting of both the Wuerker and Fossil Creek Annexations. The proposed density of the Fossil Creek Estates PUD is 3.05 dwelling units per acre. On Thursday, December 16, 1993 the Planning and Zoning Board voted to approve the Fossil Creek Estates PUD- preliminary, with conditions related to zoning (subject to the property receiving a residential zo*ne), natural areas and wetlands, off - site easements, and street standards. The property to be zoned consists of one parcel under single ownership. The current owner is: Dr. Richard Wuerker 363 West Drake Road, Suite 6 Fort Collins, CO 80526 Zoning The property is currently annexed, but not zoned. The proposed zoning is RLP, Low Density Planned Residential, with a PUD condition. The RLP District designation is for areas of low density residential development, or other residential uses submitted as a planned unit development. The property to the north is zoned T-Transition and was recently purchased for the public and dedicated as the Cathy Fromme Prairie. The property to the east is zoned RLP, with a PUD condition. Properties to the south and west are in the County and are zoned FA-1, Farming. Neighboring subdivisions include Clarendon Hills and the Ridge, in the City; and Scenic Kno11s, Ader Acres, and Applewood Estates, in the County. Council requested additional information about the T, Transition, District. The T zoning district does not permit any use, except such use as existed on the date the property was placed in this zoning district. According to Section 29-423 of the Code: "The owner of any property in the T District may at any time petition the city to remove the property from this zoning district and place it in ' another zoning district. Any such petition shall be referred to the Planning and Zoning Board to be considered at the next regular meeting of such board which is scheduled at least fifteen (15) days from the date the petition is filed with the City Clerk. Within sixty (60) days from the i0; December 21, 1993 date the matter is considered by the board, the City Council shall change , the zoning for the property in question to another zoning district authorized under this Chapter." The owner of this property submitted a petition for both annexation and zoning (RLP with a PUD condition) on August 3, 1993. The Planning and Zoning Board considered the request at the September 27, 1993 hearing and recommended approval of both the annexation and zoning requests. City Council approved the requests on First Reading at the October 19, 1993 meeting. On November 2, 1993 the Council approved the annexation request on Second Reading and placed the property in the T, Transition Zone. At the adjourned meeting on November 9, 1993, Council moved to reconsider the Zoning Ordinance and bring the item back to Council for consideration at the December 21, 1993 Council meeting. The property was officially annexed to the City as of November 12, 1993. According to the Code, Council has 90 days from that date to place the property in a zone. The applicant is asking that his request for RLP zoning be approved by City Council. The proposed zoning of RLP, Low Density Planned Residential, is compatible with surrounding zoning and land uses and meets the following land use policies of the City of Fort Collins: Policy #12 of the City of Fort Collins Land Use Policies Plan states: "Urban density residential development usually at three or more units to the acre should be encouraged in the urban growth area." Policy #13 of the Land Use Policies Plan states: "Rural density residential development usually at one or less units to the acre shall not be allowed in the urban growth area." The property is located on the fringe of urban development and has rural county land on two sides. The large residential lots to the north are separated from this parcel by the one-half mile wide City open space area. The large residential lots to the east are separated from this site and the adjoining Wuerker property by Shields Street, an arterial street. There is an irrigation canal separating this property from the undeveloped rural property to the south. Staff is recommending a PUD condition because the property is located adjacent to a City open space/natural area and wetland areas are located on site. There are other potential environmental concerns. These concerns are more successfully considered by the PUD process than by the current subdivision code. Additionally, the adjacent property to the east, which has PUD conditional zoning, and the subject property, constitute the proposed Fossil Creek Estates PUD. A PUD condition is consistent with zoning in this area. The proposed density of the Fossil Creek Estates PUD is 3.05 dwelling units per acre. This density is considered low density in the City of Fort Collins and is compatible with other low density residential developments in the area. ' Clarendon Hills Subdivision, to the northeast, has an overall density of 3 DU/acre. Applewood Estates and Scenic Knolls, county subdivisions to the east, have overall densities of less than 1 DU/acre. 30 December 21, 1993 Neighborhood Sign District Staff recommends that Ordinance No. 132, 1993, be amended on Second Reading so as to place this property in the Residential Neighborhood Sign District and that the Residential Neighborhood Sign District Map be amended to reflect this addition. Approved by City Council on January 15, 1993, the Residential Neighborhood Sign District was established to regulate signage of non-residential uses in areas of the City which may be impacted by signage because of their predominantly residential use or character. The District includes neighborhood service centers, neighborhood convenience shopping centers, business services uses, and auto -related and roadside commercial areas that are in proximity to existing or planned residential areas. The District also includes residential areas in the City which may be impacted by the above listed uses. Areas located within the District are subject to all limitations and requirements of the District as defined in Sections 29-593 and 29-593.1 of the City Code. Findings On September 7, 1993, City Council considered a resolution setting forth the intent to annex this property and establishing the date of public hearing for the annexation and zoning ordinances. On October 19, 1993, City Council approved the annexation and zoning, to the RLP District, on First Reading. 3. On November 2, 1993, City Council approved the annexation on Second Reading and placed the property in the T, Transition, zoning district. 4. On November 9, 1993, City Council decided to reconsider the Zoning Ordinance on Second Reading on December 21, 1993. 5. The requested zoning of RLP, Low Density Planned Residential with a PUD condition, is in conformance with the policies of the City's Land Use Policies Plan and the Intergovernmental Agreement and is compatible with the surrounding zoning districts and existing land uses. 6. The area is to be included in the Residential Neighborhood Sign District and will be subject to all limitations and requirements of the district as defined in Sections 29-593 and 29-593.1 of the City Code. The Residential Neighborhood Sign District map will be amended to reflect this addition. STAFF RECOMMENDATION: Staff recommends approval of the requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on September 27, 1993, voted 7-0 to recommend approval of the Fossil Creek Estates Annexation and requested zoning into the RLP zoning district, with a PUD condition." "I December 21, 1993 Kirsten Whetstone, City Planner, stated the applicant is requesting an R-L-P Zone ' for the purpose of developing a single-family planned unit development. She stated that Council voted 6-1 to reconsider its November 2 decision to adopt Ordinance No. 132, 1993, which would establish the zoning for the Fossil Creek Estates Annexation. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to amend Ordinance No. 132, 1993, changing the zone from T-Transition to R-L-P. Low Density Planned Residential and adding Section 3 which requires the property be zoned with a PUD condition. Councilmember Janett asked for more specifics on the development of the site and its impact on the natural areas. Tom Shoemaker, Director of Natural Resources, stated there will be some impact on the wildlife use of the Fromme Prairie. He stated the Natural Resources Board did not believe a lower density was necessary adjacent to natural areas; however, a higher density would be more acceptable and would consume less land. Councilmember Kneeland asked if wetland areas were specifically included under the PUD conditions that was placed on this development. Shoemaker responded the wetlands were covered in the PUD conditions. He stated the developer would require easements from the City for road access because the alignment of Fossil Creek Drive coincides with the property boundary. Councilmember Apt asked about the project status with the Planning and Zoning , Board. Shoemaker stated the project has received preliminary approval. He stated the approval has a number of conditions placed on the project before any development could take place. Councilmember Janett asked if the annexation and zoning of property generally comes before a project going through the preliminary process. Roy stated that until the property is annexed and zoned the Planning and Zoning Board does not have jurisdiction to make a final decision. He stated that projects that are approved prior to the annexation or zoning are conditioned upon the subsequent Council decision. Carter Ewing, 363 West Drake #6, stated he supported the amendment to the Ordinance. Councilmember Apt stated he would support the T-zone because of the compatibility issue between the development and the Fromme Prairie. He believed the decision on the annexation and zoning of the property should come prior to the approval of a preliminary PUD. He stated he would not support the amendment to the Ordinance. Councilmember McCluskey stated he would support the amendment to the Ordinance. ' He believed the Planning and Zoning Board has the responsibility for approving or denying any project. He stated the R-L-P zone provides low enough density for that area and believed the project should not be left in the T-zone. 32 December 21, 1993 Councilmember Horak stated he would not support the amendment to the Ordinance. He believed the annexation and zoning procedures should take place prior to the project going before the Planning and Zoning Board for approval of a preliminary PUD. Councilmember Janett stated the annexation and zoning approval should have taken place prior to the Planning and Zoning Board's approval of a preliminary PUD. She stated she would not support the amendment to the Ordinance. Mayor Azari stated she would support the amendment to the Ordinance. The vote on Councilmember Kneeland's motion to amend Ordinance No. 132, 1993, was as follows: Yeas: Azari, Kneeland, and McCluskey. Nays: Apt, Horak, Janett, and Winokur. THE MOTION FAILED. The vote on Councilmember Horak's original motion on November 2, 1993, to adopt Ordinance No. 132, 1993, placing the project in the T-zone was as follows: Yeas: Councilmembers Apt, Horak, Janett, and Winokur. Nays: Azari, Kneeland, and McCluskey. THE MOTION CARRIED. ' Resolution 93-199 Making Findings of Fact and Conclusions Regarding the Appeal from a Decision of the Planning and Zoning Board Relating to the Revised Final Plan for the Preserve PUD, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY On October 25, 1993 the Planning and Zoning Board voted 5-2 to approve the resubmitted, revised Preserve PUD- Final. On November 5, 1993 an appeal of the final decision was made by Nancy and Jim Pieper and Mary Ellen Keen. On December 14, 1993, Council voted 5-0 to uphold the decision of the Planning and Zoning Board concerning the Preserve PUD Final Plan. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The appellant's notice of appeal was based on allegations that the Planning and Zoning Board: 1. abused its discretion in that its decision was arbitrary and without the ' support of competent evidence in the record. 2. failed to conduct a fair hearing in that the Board exceeded its authority or jurisdiction as contained in the Code and Charter. 33 December 21, 1993 3. failed to conduct a fair hearing in that the Board improperly failed to receive all relevant evidence offered by the appellant. At the December 14, 1993 hearing on this matter, Council considered the evidence presented by City staff, the appellants, and the applicants for the Preserve PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board conducted a fair hearing and that the Board did not abuse its discretion in that the decision was supported by competent evidence in the record. Council upheld the Planning and Zoning Board's decision to approve the Final PUD plans." Councilmember Winokur withdrew.from discussion and vote on this item due to a perceived conflict of interest. Councilmember Apt withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Kneeland to adopt Resolution 93-199. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember Azari, Horak, Janett, Kneeland, and McCluskey. Nays: None. (Councilmember Apt withdrawn) THE MOTION CARRIED. Ordinance No. 159, 1993 Amending Chapter 26 of the Code of the ' City of Fort Collins by the Adoption of the Old Town Master Drainage Basin Plan and by Adopting Fees Therefor, Adopted The following is staff's recommendation on this item. "EXECUTIVE SUMMARY Currently there is no master plan or financing plan for improvements in the Old Town drainage basin to address flooding problems. The Old Town Master Plan is one of the last basins to have a master plan prepared. This Ordinance, which was unanimously adopted on First Reading on December 7, enables the master plan to include improvements and a funding source to provide improvements to address flooding problems in the basin. The funding for the improvements is proposed to be a maximum of $3.58 per month for a 8,600 sq. ft. single family lot and a new development basin fee base rate of $4,150 per acre. This funding will support a pay as you go philosophy for a capital improvements program over a 23 year period." Councilmember McCluskey withdrew from discussion and vote on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 159, 1993 on Second Reading. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember Apt, Azari, Horak, Janett, Kneeland, , and Winokur. Nays: None. (Councilmember McCluskey withdrawn) THE MOTION CARRIED. 34 December 21, 1993 Ordinance No. 162, 1993 Amending Section 29-167 of the Code of the City of Fort Collins Increasing the Minimum Lot Size in the N-C-M, Neighborhood Conservation Medium Density Zoning District, No Action Taken Emergency Ordinance No. 179, 1993, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 162, 1993, was unanimously adopted on First Reading on December 7, amends the text of the Zoning Code to increase the minimum lot size requirement in the N-C-M, Neighborhood Conservation Medium Density, Zone, from 4,500 square feet to 5,500 square feet. The proposed increase to the minimum lot size is in response to neighborhood residents' concerns on the development of a secondary residential structure on a lot which already.contained a structure. Many lots in the N-C-M Zone have typical dimensions of 50 feet wide by 190 feet deep, for a total of 9,500 square feet. A 9,500 square foot lot would allow for two 4,500 square foot "lots," each of which could Contain a residential structure of a density allowed in the zone. The N-C-M Zone allows a duplex (2 units in one structure) to be constructed on a 4,500 square foot lot. Thus, it is possible for a 9,500 square foot lot to contain two duplexes, one on the "front" part of the lot and a second on the "back" part of the lot, provided the uses are approved by the Planning and Zoning Board. This amendment to the Zoning Code ' would prohibit secondary structures on single lots which are less than 10,000 square feet in size and would require such uses to acquire additional lot area from adjacent lots." Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Emergency Ordinance No. 179, 1993. Councilmember Kneeland stated she would not support the Emergency Ordinance. Councilmember McCluskey stated he would not support the Emergency Ordinance. He believed it was an improper procedure tp address the issue. Councilmember Janett stated she would support the Emergency Ordinance. She believed the Emergency Ordinance addresses the neighborhoods concern with oJer- development of the area. Mayor Azari believed the Emergency Ordinance provides assurance to the neighborhood on control of the developing of land in that area. Councilmember Winokur stated he would support the Emergency Ordinance because it is in the best interest of the neighborhood. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, and Winokur. Nays: Councilmembers Kneeland and McCluskey. ' THE MOTION CARRIED. 35 December 21, 1993 Other Business Councilmember Horak requested that Council be presented with options for levels of service for the Humane Society during the 1995 Budget process. Councilmember Apt recommended that the Convention and Visitors Bureau contract have a cap placed on the dollars collected in 1994 for implementation in 1995. City Manager Burkett stated he would review whether the CVB's contract has been extended. He stated staff planned on extending the contract for 1994 and consider the issue of placing a cap on those dollars received for implementation in 1995. Mayor Azari asked the school liaisons to review other land options for the Eastside Neighborhood Park and present some recommendations to Council for the development of an Eastside Neighborhood Park. Councilmember Horak stated that condemnation of property in the area is a possibility for an Eastside Neighborhood Park. Councilmember Horak requested a memo regarding left turn signals at major intersections; such as, Boardwalk and Harmony, and Shields and Harmony. Councilmember Horak asked if there is a plan to guide the citizens on effective recycling with the local trash haulers. City Manager Burkett stated that issue will be discussed at a worksession on December 28, 1993 and various options � The meeting adjourned at 10:35 p.m. ATTEST: City Clerk ,• n- 36