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HomeMy WebLinkAboutMINUTES-09/15/1987-RegularSeptember 15, 1987 ' 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, September 15, 1987, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Staff Members Present: Burkett, Huisjen, Krajicek Citizen Participation A. Proclamation naming the week of September 20-26 as Adult Day Care Week was accepted by LuAnna Ackerman, Director of Elderhaus. B. _Proclamation naming the week of October 4-10 as Minority Enterprise Development Week was accepted by Jim O'Neill, Director of Purchasing and Risk Management for the City of Fort Collins. ' C. Proclamation naming the week of October 4-10 as Public Power Week was accepted by Rich Shannon, Director of Utilities for the City of Fort Collins. D. Proclamation naming the week of September 17-23 as Constitution Week was accepted by a member of the Cache La Poudre Chapter of the Daughters of the American Revolution and the Fort Collins Bicentennial Celebration Committee. E. Informational Presentation on Child Abuse Prevention Program Entitled "Fostering Family Strengths" was given by Lisa Barnes, Coordinator for the Lutheran Social Services Child Abuse Prevention Program. Carol Podmore, 1205 West Mountain, representing the City Park Neighborhood Association, thanked Police Chief Bruce Glasscock, City Manager Burkett, and City staff for the steps being taken to address the problems in the City Park area. Agenda Review:_ City Manaaer City Manager Burkett stated Item #10, Second Reading of Ordinance No. 132, 1987, Vacating Breakwater Court Right -of -Way• and the Adjacent Utility Easements in the Second Replat of The Landings P.U.D., should be tabled ' indefinitely and that adoption of the Consent Calendar will accomplish the -151- September 15, 1987 tabling. He also noted that a revised Annexation Ordinance had been ' prepared for Item #13, Items Relating to the Blue Spruce Farm Annexation and Zoning, and stated the item should be removed from the Consent Agenda so the revisions may be read into the record. Councilmember Maxey requested Item #14, Items Relating to the Jewett Annexation and Zoning, and Item #15, Items Relating to the Overland Hills Annexation and Zoning, 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 lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Items #22 and #30, Pulled Consent Items, except items pulled by anyone in the audience or items that any member of the audience is present to discuss that were pulled by staff or Council. These items will be discussed immediately following the Consent Calendar. 5. Consider approval of the minutes of the regular meeting of September 1. 6. Items Relating to the A. Second Reading of East Vine 8th Annexation and Zoning Ordinance No. 125, 1987, Annexing Approximately ' 4.964 Acres Known as the East Vine 8th Annexation. B. Second Reading of Ordinance No. 126, 1987, Zoning Approximately 4.964, Acres Known as the East Vine 8th Annexation, into the C, Commercial, Zoning District, with PUD condition. This is a request to annex and zone approximately 4.964 acres of property, located north of East Vine Drive and east of Lemay Avenue, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The site is presently developed and occupied by a residential structure, Clay Products & Building Supplies, Inc., storage yards, a repair facility/warehouse, and the storage of two mobile homes. APPLICANT: City of Fort Collins OWNER: Raymond A. Nauta 1200 E. Vine Drive Fort Collins, CO. The owner of the property requested the C, Commercial, Zoning District, for the property, a different zoning than that recommended by staff and the Planning and Zoning Board. On First Reading on September 1, Council amended Ordinance No. 126, 1987 to change the zoning to "C" with PUD conditions. Ordinance No. 125, ,1987 was ' unanimously adopted on First Reading on September 1 and Ordinance No. -152- September 15, 1987 126, 1987 was unanimously adopted as amended on First Reading on September 1. 7. Second RPadinn of nrdinanrn Hn 190 ino7 n--____:_.___ 91 Program. The 1987 Concrete Improvement Program is the third annual program to encourage property owners to construct, repair, replace and maintain their sidewalks and curbs and gutters. This program is strictly voluntary on the part of the property owners and to encourage participation on their part the City splits (50/50) the cost of construction with the property owner, hires the contractor and supervises the construction. The City also pays the costs of oversizing sidewalks on major streets and the costs of constructing access ramps at intersections. The program this year includes the repair and replacement of curb and gutter which has not been offered in the past. The Storm Drainage Utility provided $20,000 of the $40,000 available to the program to enable staff to include the curb and gutter in the program. This year's program also includes construction of new sidewalks and the repair and replacement of damaged sidewalks as in last year's program. Of approximately 1160 eligible property owners contacted about the program, 150 have expressed a desire to participate. These property owners have. paid $26,025 for their share of the improvements; the City's share is $40,000, for a total of $66,025. The adopted appropriation for this year's project is $40,000, which cannot cover the cost of the program without appropriating and expending the $26,025 in revenue collected from the property owners. Staff recommends appropriating this revenue to enable us to meet all of this year's requests from property owners. Any excess revenue will be carried over into the 1988 Concrete Improvement program, consistent with previous years' programs. This Ordinance, which was unanimously adopted on First Reading on September 1, makes this appropriation. The property along Mason Street was included in the target area for the 1987 Concrete Improvements Program --the voluntary program in which property owners are encouraged to repair curb, gutter and sidewalk with the costs being split 50-50 with the City. Since the Mason Street Reconstruction project would already be in this neighborhood installing pedestrian access ramps and making minor.concrete repairs, it was convenient to combine the volunt'ary concrete improvements program with the street reconstruction along Mason 'Street. Three property owners elected to improve their curb and gutter. In ' addition, Larimer County agreed to pay the full cost of replacing the curb and gutter adjacent to the Courthouse if the City would pay the -153- September 15, 1987 El 10. cost of removing the existing concrete. These four properties' ' participation in the repair costs totalled $9,064. This ordinance, which was unanimously adopted on First Reading on September 1, appropriates these revenues into the Mason Street Reconstruction project account, the account from which the repair costs were expended. The developer of Fort Collins Retirement Center is requesting the vacation of a portion of a utility easement in order to build a parking structure in the parking lot. The entire parking lot is platted as a utility, drainage and public access easement, and the developer would like to provide cover for 16 parking stalls. In order to allow the developer to expedite the completion of this project, the City released a building permit with the condition that the developer completes the vacation of the easement. All Utilities have been contacted and have no problems with the vacation. This Ordinance, which was unanimously adopted on First Reading on September 1, makes the vacation. The developer has replatted a portion of the Second Replat of the Landings P.U.D. The new replat is called the Mountain Range Subdivision and was approved by the Planning and Zoning Board on June 22, 1987. This Subdivision is a 4 lot Subdivision with 3 single family lots being accessed on Breakwater Drive. The fourth lot is a large parcel intended to be used for a church site, which will also have access off of Breakwater Drive. Breakwater Court has not been built, and the right-of-way has been incorporated into the new lots. The subdivision plat has been recorded with the County and has all the necessary easements and rights -of -way. All utilities have been contacted and have no problems with the vacations. This Ordinance, which was unanimously adopted on First Reading on September 1, vacates the right-of-way and easements. Since August, 1986, City staff has endeavored to negotiate a mutually satisfactory franchise agreement with Public Service Company of Colorado (PSC). No agreement has been reached, nor do the parties , anticipate reaching agreement prior to the expiration of 'the current -154- September 15, 1987 ' franchise on October 10, 1987. As a means to ensure the City the revenue to which it is entitled during these continuing negotiations, staff recommends adoption of a short-term occupation tax. The short-term occupation tax will grant to PSC the right to continue to operate within the City streets and rights -of -way to serve natural gas customers in the city, and will preserve the City's General Fund revenue source while negotiations continue. This Ordinance, establishing the tax, was amended on First Reading on September 1 to clarify the definition of "gas company" and was unanimously adopted as amended. 12. 13 1 14 7 This ordinance will appropriate $34,310 in unanticipated revenue in the General Fund for the continuation of the Library Adult Literacy Program through December, 1988. Items Relating to the Blue Spruce Farm Annexation and Zoning A Hearing and First Reading of Ordinance No. 135, 1987, Annexing Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation. Hearing and First Reading of Ordinance No. 136, 1987, Zoning Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation, into the T-Transition Zoning District. This is a request to annex and zone approximately 173.24 acres of property, located east of Timberline Road, south of Drake Road and north of Horsetooth Road. The property is presently undeveloped. APPLICANTS: Blue Spruce Farm, Inc. OWNERS: Same C/O G. T. Land Colorado Inc. 3555 Stanford Road, Suite 100 Fort Collins, CO State Board of Agriculture Room 202 Administration Building Colorado State University Fort Collins, CO Items Relating to the Jewett Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 137, 1987, Annexing Approximately 37.58 Acres; Known as the Jewett Annexation. Hearing and First Reading of Ordinance No. 138, 1987, Zoning Approximately 37.58 Acres, Known as the Jewett Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. -155- September 15, 1987 15 16 This is a request to annex and zone approximately 37.58 acres, located south of Douglas Road, north of Richards Lake Road and west of County Road 11, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. APPLICANT: City of Fort Collins OWNER: Norman W. Jewett 1200 E. Douglas Road Fort Collins, CO 80524 Items Relating to the Overland Hills Annexation and Zoning A. Hearing and First Reading of Ordinance No. 139, 1987, Annexing Approximately 83.54 Acres, Known as the Overland Hills Annexation. Hearing and First Reading of Ordinance No. 140, 1987, Zoning Approximately 19.72 Acres of the Overland Hills Annexation into the R-L-P, Low Density Planned Residential, Zoning District, and Approximately 57.58 Acres into the R-F, Foothills Residential, Zoning District. This is a request to annex and zone approximately 83.54 acres located south of West Horsetooth Road (the annexation includes Horsetooth Road right-of-way), West Horsetooth Road extended (County Road 40) and approximately one-half mile west of South Taft Hill Road. The requested zoning is for approximately 19.72 acres of R-L-P, Low Density Planned Residential, Zoning District, and for approximately 57.58 acres of R-F, Foothills Residential, Zoning District. This is a voluntary annexation. APPLICANT: Gefroh Hattman, Inc. OWNER: Kim Stuart 135 W. Swallow Road 15 Fern Avenue Fort Collins, CO Mill Valley, CA Resolution_87-119 Making Appointments to the Commission on Disability. Three vacancies currently exist on the Commission on Disability. The Council liaison has reviewed the applications on file and conducted interviews. In keeping with Council's policy, the recommendations for these appointments were announced at the September 1 meeting. The appointments were tabled to allow time for public input. The prospective appointees are: -156- September 15, 1987 11 17. ME n COMMISSION ON DISABILITY Helen Barr Heather Heafer Shirley Reichenbach July 1, 1988 July 1, 1989 July 1, 1989 This resolution approves an agreement with the Union Pacific Railroad for the installation of railroad crossing improvements on East Horsetooth Road. These improvements will include signals with gates and rubberized crossing material. The total cost of the improvements is estimated at $130,205 of which the City will pay an estimated $46,101 from the Horsetooth Railroad Crossing Project. The remainder will be paid by the Union Pacific and the PUC. PROJECT COST ESTIMATE City's Share of Railroad Crossing Improvements Horsetooth Road Street Improvements Engineering Services Contingency Total Project Budget The project appears to be well within budget this fall and be completed next spring. Water. $ 46,101 219,442 30,000 92,457 $388,000 The project will start From time to time Northern Colorado Water Conservancy District (NCWCD) water is turned over to the City of Fort Collins for satisfaction of water rights requirements or in exchange for City water certificates. Richard West has requested that the City accept 29 units of CBT water in exchange for a city water certificate or for satisfaction of raw water requirements. To accomplish the transfer, the Conservancy District requires that a Temporary Use Permit be approved by an appropriate resolution from the City Council. Since transfers using permanent contracts take longer and are more complicated, they are initially made using the Temporary Use Permits. Every few years, all CBT water owned and used under a Temporary Use Permit is converted to use under a permanent contract. -157- September 15, 1987 19. This fall, Larimer County will provide two adult assisted school crossings to help elementary school children walk safely to and from school. These crossing are located at Hillcrest and Vine Drive (for Irish School) and Highway 287 (for Cache La Poudre School). Larimer County has requested the City incorporate these two school crossings into our School Crossing Guard program as Larimer County does not have a program in place to supervise and train crossing guards. The cost associated with providing this service will be fully reimbursed to the City by Larimer County. 20. Items Relating to Greenbriar Special Improvement District No 87 A. Resolution 87-128 Accepting the Improvements and Ordering Notice of Assessment in the Greenbriar Special Improvement District No. 87. B. Hearing and First Reading of Ordinance No. 141, 1987, Authorizing the Transfer of Appropriated Amounts from the Street Oversizing Fund to the Capital Projects Fund. In November. of 1985, Council established the Greenbriar Special I Improvement District No. 87. This district's purpose was to construct street, waterline, sanitary sewer, and storm drainage improvements in the replat of the Greenbriar Subdivision. The City is now prepared to closeout the district. In accordance with Chapter 16 of the City Code, preparation of a statement of cost, preliminary assessment roll and a notice to be sent to property owners have been completed. This resolution will direct the City Clerk to have written notices published in the Coloradoan and send individual notices to each property owner. This will notify the owner of the cost of improvements, the portion to be paid by the City, and the hearing date of the assessment ordinance. (October 20, 1987) During construction of Willox Lane in this district, unsound soil conditions were encountered. The soil conditions encountered were a bog area of supersaturated, organic, clay material that was unsuitable for street construction. The additional cost to the Street Oversizing Fund is for the oversized portion of Willox Lane, and includes removal of unsuitable material, importing new structural fill material (pit -run gravel), and compacting this material to City standard specifications. -158- September 15, 1987 1 11 21. Routine Easements. Powerline easement located at 212 Christ, Scientist, Fort Collins, existing overhead electric system. College from First Church of CO, needed to underground Consideration: $1. b. Powerline easement located at Horsetooth and Lochwood from Bartran Homes, Inc. needed to install the underground electric system. Consideration: $1. Waterline easement from Jane C. Goodwin located at the northeast corner of Riverside/Jefferson. This is 1 of 6 easements needed for Phase II of the Northeast Loop Waterline. The project provides for the construction of 18,621 lineal feet of waterline from Riverside/Lincoln to Prospect/Timberline. Consideration: $500. Dedication of a tract from Sunstone Village Associates, a Colorado General Partnership, and D. E. Burns Construction Company, a Colorado Corporation, consisting of part of Lots 13, 14, 15, 16, 17, 18, 19, Block 2, Sunstone Village P.U.D. First Subdivision. This dedication is needed to assure there is a drainageway to convey offsite historic flows along the south property line of Sunstone Village P.U.D. An easement which would allow construction of fences was previously platted but since this drainageway carries major offsite flows staff recommends dedication of the tract to assure there will be no obstructions built within the drainageway. Consideration: $1. Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk. Item #6. A. Item #7. Item #8. Item #9. I -159- September 15, 1987 Item #10. Second Reading of Ordinance No. 132 1987 Vacating Breakwater , Court Right -of -Way and the Adiacent Utility easements in the Second Replat of The Landings P.U.D. Item #11. Second Reading of Ordinance No. 133, 1987, Establishing an Occupation Tax Upon Natural Gas Utility Companies Operating within the City of Fort Collins. Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk. Item #12. Hearing and First Reading of Ordinance No 134 1987 Appropriating Unanticipated Revenue in the Library Grants Fund for the Fort Collins Public Library Adult Literacy Program Item #13. A. Hearing and First Reading of Ordinance No 135 1987 Annexing Approximately 173.24 Acres. Known as the Blue Spruce Farms Annexation. B. Hearing and First Reading of Ordinance No 136 1987 Zoning Approximately 173.24 Acres. Known as the Blue Spruce Farms Annexation, into the T-Transition Zoning District Item #14. A. Hearing and First Reading of Ordinance No 137 1987 Annexing Approximately 37.58 Acres Known as the Jewett ' Annexation. B. Hearing and First Reading of Ordinance No 138 1987 Zoning Approximately 37.58 Acres. Known as the Jewett Annexation into the R-L-P. Low Density Planned Residential Zoning District. Item #15. A. Hearing and First Reading of Ordinance No 139 1987 Annexing Approximately 83.54 Acres Known as the Overland Hills Annexation. B. Hearing and First Reading of Ordinance No 140 1987 Zoning Approximately 19.72 Acres of the Overland Hills Annexation into the R-L-P, Low Density Planned Residential Zoning District. and Approximately 57 58 Acres into the R-F Foothills Residential, Zoning District Councilmember Winokur made a motion, seconded by Councilmember Stoner, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. -160- September 15, 1987 ' Items Relating to the Blue Spruce Farm Annexation and Zoning Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 135, 1987, Annexing Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation. B. Hearing and First Reading of Ordinance No. 136, 1987, Zoning Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation, into the T-Transition Zoning District. This is a request to annex and zone approximately 173.24 acres of property, located east of Timberline Road, south of Drake Road and north of Horsetooth Road. The property is presently undeveloped. APPLICANTS: Blue Spruce Farm, Inc. OWNERS: Same CIO G. T. Land Colorado Inc. 3555 Stanford Road, Suite 100 Fort Collins, CO ' State.Board of Agriculture Room 202 Administration Building Colorado State University Fort Collins, CO Background The applicants and owners, Blue Spruce Farms, Inc., (168.5244 acres), and the State Board of Agriculture, (4.7198 acres) are requesting annexation of approximately 173.24 acres of property, located east of Timberline Road, south of Drake Road and north of Horsetooth Road. The property is presently undeveloped. If approved, the annexation will leave a 1.0664 acre enclave adjacent to Timberline Road owned by the United States Department of Agriculture which could be annexed by the City in three years. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits from a common boundary with the Timberline Horsetooth Second Annexation to the south, and the Nelson Second Annexation and the Greenwalt Tenth Annexation to the west. -161- September 15, 1987 The requested zoning for this annexation is the T-Transition, Zoning ' District. The T district designation is used as a holding zone for properties not in an immediate development mode. The only uses allowed in the T zone are the uses which existed at the time the property was annexed. Prior to the approval of any development application, the property will have to be rezoned to another of the City's zoning districts. There are no known immediate development plans for the property. Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation by the City of Fort Collins. 3. The requested T-Transitional zoning district will act as a holding zone until the property is ready for development. STAFF RECOMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: , The Planning and Zoning Board, at their regular monthly meeting on June 22, 1987, voted to approve the requested annexation and zoning as part of the Board's Consent Agenda." Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 135, 1987 on First Reading. City Clerk Krajicek read the amendment to Ordinance No. 135, 1987 into the record. Councilmember Kirkpatrick made a motion, seconded by Councilmember Stoner, to amend Ordinance No. 135, 1987 to include the amendment read into the record. City Manager Burkett and City Attorney Huisjen responded to questions from Council regarding the annexation and the amendments to the annexation ordinance. Councilmember Kirkpatrick stated she had a perceived conflict of interest and would withdraw her motions and withdraw from discussion and vote on this item. Mayor Estrada stated he also had a perceived conflict of interest and would I withdraw from discussion and vote on this item. -162-- September 15, 1987 ' Councilmember Stoner withdrew his second on the motions made by Councilmember Kirkpatrick. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt Ordinance No. 135, 1987 on First Reading. Councilmember Maxey made a motion, seconded by Councilmember Mabry, to amend Ordinance No. 135, 1987 to include the amendment read into the record. Planning Director Tom Peterson and Chief Planner Ken Waido answered questions from Council about the location of the property to be annexed, the reasons for annexing the property at this time, and discussions with CSU. Director of Development Services Mike Davis spoke of past, and present negotiations with CSU to improve the cooperation between the City and CSU. Councilmember Horak expressed concern about what CSU might do with the land after it is annexed. Councilmember Stoner stated he understood Councilmember Horak's concerns but pointed out CSU could do what they want in the County also. He stated he would rather see the property annexed for what level of control that may give the City. The vote on Councilmember Maxey's motion to amend Ordinance No. 135, 1987 was as follows: Yeas: Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers Estrada and Kirkpatrick withdrawn.) THE MOTION CARRIED. The vote on Councilmember Maxey's motion to adopt Ordinance No. 135, 1987 as amended was as follows: Yeas: Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers Estrada and Kirkpatrick withdrawn.) THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 136, 1987 on First Reading. Yeas: Councilmembers Horak, Mabry, Maxey, Stoner, and Winokur. Nays: None. (Councilmembers Estrada and Kirkpatrick withdrawn.) THE MOTION CARRIED. Items Relating to the Jewett Annexation and Zoning ' Following is staff's memorandum on this item: -163- September 15, 1987 "Executive Summary A. Hearing and First Reading of Ordinance No. 137, 1987, Annexing Approximately 37.58 Acres, Known as the Jewett Annexation. B. Hearing and First Reading of Ordinance No. 138, 1987, Zoning Approximately 37.58 Acres, Known as the Jewett Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 37.58 acres, located south of Douglas Road, north of Richards Lake Road and west of County Road 11, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. APPLICANT: City of Fort Collins Background OWNER: Norman W. Jewett 1200 E. Douglas Road Fort Collins, CO 80524 The area is a county enclave. The following annexations to the City of Fort Collins created the enclave: N: Country Club North 2nd Annexation, January 1984 ' E: Country Club North 2nd Annexation, January 1984 S: Country Club North 2nd Annexation, January 1984 W: Country Club North 2nd Annexation, January 1984 The area has thus been eligible for involuntary annexation into the city since January 1987. On June 30, 1987, staff sent a letter to the property owner informing him of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. Staff received no contact from the property owner until the evening of the Planning and Zoning Board meeting on July 27, when Mr. Jewett asked several question about City police protection and security for farm animals he keeps on the property. Zoninv The requested zone for this annexation is the R-L-P, Low Density Planned Residential, Zoning District. The R-L-P district designation is for areas which are expected to develop predominantly with residential land uses. Single-family residential subdivisions are "uses -by -right" in the R-L-P zone. Any higher density residential uses and/or any non-residential land uses can be proposed for development• in the R-L-P zone as planned unit developments and be evaluated according to the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. The surrounding property is also zoned R-L-P. -164- September 15, 1987 ' RECOMMENDATION: Findings 1. The annexation of this area as a county enclave is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a county enclave eligible for involuntary annexation by the City of Fort Collins. 3. The R-L-P zoning district is in conformance with the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at their regular monthly meeting of July 27, 1987, voted to recommend approval of the annexation and requested zoning. At the Board's meeting, the property owner, Mr. Norman Jewett, raised several questions about the extension of City police protection to the property after annexation and security for farm animals (sheep) which he keeps on the property. A copy of the Board's minutes is attached." Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 137, 1987 on First Reading. Chief Planner Ken Waido gave a brief history of this annexation and responded to questions from Council about the issues of City services and use of the property if it is annexed. He stated Mr. Jewett has used the property for raising farm animals, particularly sheep and has occasionally had dogs from the surrounding neighborhood chase the sheep. He stated Mr. Jewett has, in the past, used firearms to scare the dogs away from the sheep. He stated Mr. Jewett's questions deal primarily with police protection and the legality of discharging firearms to protect his livestock. Police Chief Bruce Glasscock stated he did not feel annexation of the property would have a significant impact or negative impact of the Police Department's ability to provide patrol services in the area. He stated the discharge of a firearm within the City limits is prohibited. He stated there have been past situations upon a request from a property owner where a permit has been issued for discharge of a firearm using blanks. He stated he would not authorize the discharge of a firearm for the purpose of killing an animal. He stated they would also work with the Humane Society to work on the issue of dogs running at large. He answered questions from ' Council. -165- September 15, 1987 Norman Jewett, 1200 East Douglas the Council hearing Road, stated he did not receive ' notification of on this annexation. He questioned why the City is annexing the property at this time. He spoke of the problem with dogs disturbing his sheep. He stated the property is currently for sale and if the property is sold in the next year he would voluntarily annex at that time. He answered questions from Council. Ken Waido replied it has been the City's practice to fulfill its obligation under the Intergovernmental Agreement with Larimer County to annex the county enclaves as they become eligible for annexation. Councilmember Maxey stated this annexation is an example of the problem that will arise as more properties to the north and west which have livestock are annexed into the City. He stated he would like to see an ordinance which will allow people to protect their property in a reasonable and effective manner. Councilmember Horak stated he felt drafting an ordinance to deal with the protection of livestock issue would be extremely difficult. He suggested the annexation be tabled in some manner until Mr. Jewett requests the annexation or the property is sold. He suggested the annexation be tabled on second reading for a period not to exceed one year. The vote on Councilmember Winokur's motion to adopt Ordinance No. 137 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt Ordinance No. 138, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the Overland Hills Annexation and Zoning Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 139, 1987, Annexing Approximately 83.54 Acres, Known as the Overland Hills Annexation. B. Hearing and First Reading of Ordinance No. 140, 1987, Zoning Approximately 19.72 Acres of the Overland Hills Annexation into the R-L-P, Low Density Planned Residential, Zoning District, and 1 -166- September 15, 1987 ' Approximately 57.58 Acres into the R-F, Foothills Residential, Zoning District. This is a request to annex and zone approximately 83.54 acres located south of West Horsetooth Road (the annexation includes Horsetooth Road right-of-way), West Horsetooth Road extended (County Road 40) and approximately one-half mile west of South Taft Hill Road. The requested zoning is for approximately 19.72 acres of R-L-P, Low Density Planned Residential, Zoning District, and for approximately 57.58 acres of R-F, Foothills Residential, Zoning District. This is a voluntary annexation. APPLICANT: Gefroh Hattman, Inc. OWNER: Kim Stuart 135 W. Swallow Road 15 Fern Avenue Fort Collins, CO Mill Valley, CA Background The applicant, Gefroh Hattman, Inc., on behalf of the owner, Kim Stuart, Mill Valley, CA, is requesting annexation and zoning of approximately 83.54 acres located south of West Horsetooth Road (the annexation includes Horsetooth Road right-of-way), West Horsetooth Road extended (County Road 40) and approximately one-half mile west of South Taft Hill Road. The requested zoning is for approximately 19.72 acres of R-L-P, Low Density Planned Residential, Zoning District, and for approximately 57.58 acres of R-F, Foothills Residential, Zoning District. This is a voluntary ' annexation. The property is located within the Fort Collins Urban Growth Area having recently been added to the UGA as part of the "Foothills UGA Boundary Amendments" approved by the City and County earlier this year. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex property in the UGA when the property is eligible for annexation according to State law. The property gains the required 116 contiguity to existing city limits by using Horsetooth Road's right-of-way and being adjacent to the boundaries of the Ken -Mark Annexation and the Trends Homes Second Annexation, to the north and east. The geometry of the annexation includes the 'flagpole' of Horsetooth Road right-of-way which is legal under State law. Zoning The requested zonings for this annexation are the R-L-P, Low Density Planned Residential, Zoning District, and the R-F, Foothills Residential, Zoning District. As indicated above, the property is in the area recently added to the UGA. The policies for development of the foothills area indicate development should be restricted to low density residential development. The City Council adopted a new zoning district, the R-F, Foothills Residential, district to implement the development policies and to be applied to these areas upon annexation. -167- September 15, 1987 During the past couple of years the City and County planning and engineering staffs have been the Fort ' reviewing Collins Master Street Plan designation for Overland Trail and its projected alignment, extending due south of Drake Road. A due south alignment would require the street to be constructed into the foothills requiring cutting and filling to maintain safe grades. Cutting and filling would increase construction costs for the street and would have a greater visual impact. Staffs have been examining alternative alignments to keep the street off the foothills by bending the street further to the east along the base of the foothills. The process of informing area property owners and doing the necessary analysis to amend the Master Street Plan has just started. A projected completion date for amending the plan is January 1988. One of the optional alignments passes through Mr. Kim Stuart's property. City staff has had several meetings with Mr. Stuart and his representatives to discuss potential annexation of the property and the future alignment of Overland Trail. As a result of these discussions, Mr. Stuart has petitioned for annexation and has agreed to reserve a 200 foot corridor for the possible alignment of Overland Trail. As a trade-off, Mr. Stuart has requested the R-L-P zoning district for the portion of his property which would lie east of the possible Overland Trail alignment and the R-F zone for the west portion of the property actually on the foothills. Development designs for the property will be completed anticipating the street to be constructed within the 200 foot corridor but will be flexible to allow development extension into the corridor if the street is built within another alternative location. Staff supports the applicant's t request for these zoning designations feeling that Overland Trail can make a clear break between urban development to the east and lower density residential development to the west. RECOMMENDATION: Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. The area meets all criteria included in State law to qualify for a voluntary annexation by the City of Fort Collins. 3. The requested zonings are consistent with the intent of the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zonings. ffm September 15, 1987 PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at their regular monthly meeting of July 27, 1987, voted 7-0 to approve the annexation and requested zoning districts as part of the Board's Consent Agenda." Councilmember Maxey made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance No. 139, 1987 on First Reading. Chief Planner Ken Waido answered questions from Council about the eligibility of the property to be annexed and the notice given to surrounding property owners. The vote on Councilmember Maxey's motion to adopt Ordinance No. 139, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: .None. THE MOTION CARRIED. Councilmember Mabry made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 140, 1987 on First Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports City Manager Burkett commented on Carol Podmore's comments, noting the situation was a good example of what the City has been trying to accomplish in terms of responsiveness to citizen requests. City Manager Burkett showed Council the plaque the City received for their participation in the First Interstate Second Annual Paint-A-Thon. Councilmember Reports Councilmember Kirkpatrick stated she attended the Convention and Visitors Bureau Board of Directors retreat on Friday and felt confident that the goals the Council set for the Bureau are being addressed in a systematic and professional manner. She thanked City Manager Burkett for organizing the City Picnic on September 9 and stated it indicates an emphasis on the part of City management to physical and emotional wellness. Resolution 87-129 Making An Appointment to the Quality of Life Commission. Tabled to October' 6 I Following is staff's memorandum on this item: -169- J September 15, 1987 "A vacancy currently exists on the Quality of Life Commission due to the ' resignation of Deborah Saunders. The Council liaison has reviewed the applications on file. In keeping with Council's policy, these recommendations will be tabled until October 6 to allow time for public input." Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey, to adopt Resolution 87-129 inserting the name of Julie Clark. Councilmember Mabry made a motion, seconded by Councilmember Stoner, to table Resolution 87-129 to October 6. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Public Hearings on the 1988 Recommended Budget and Proposed Uses for Revenue Sharing Funds in 1988 Al Litzau, 2009 Huntington Circle, representing Fort Collins Youth Baseball, expressed concern about the proposed use fee for use of City baseball fields by Fort Collins Youth Baseball. He requested Council direct staff to provide the fields for Youth Baseball without the imposition of a fee. ' Resolution 87-130 Creating the CHOICES 95 Capital Improvement Advisory Committees. Tabled to October 6 Following is staff's memorandum on this item: "The two 114 cent sales and use tax increments dedicated to capital improvements and EPIC will expire at the end of 1989. Staff recommends that a citizen advisory structure be established to review the City's capital improvement needs and prepare a recommended capital plan through 1995. The proposed structure calls for an Executive Committee and four specialized project committees with each committee having 9 members. Representation from existing boards is recommended to provide linkages to our current advisory structure and continuity of planning. Concurrent with the review of capital needs, staff will examine operating requirements for General Fund programs including. the impact of current and planned capital improvements. The end result of these two efforts will be the presentation of a capital and operating plan to Council in June of 1988. These projects relate to two Council goals -- to develop adequate funding for General Fund programs and to plan for capital improvements. The attached report provides greater detail on -the CHOICES 95 project I proposal." -170- September 15, 1987 ' Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Resolution 87-130. City Manager Burkett introduced this item and spoke of the need to review the City's capital improvements needs and to examine operating requirements. Deputy City Manager Skip Noe reviewed the proposal for a citizen process to aid in the development of a Capital Improvement Plan and financial plan for those improvements through 1995. He answered questions from Council about the specifics of the proposal. Councilmember Horak stated the overall project makes sense, but expressed concern about the focus of the citizen committees being placed on capital infrastructure rather than on service levels. He suggested a change in the focus to have the citizen committees look at service levels. Mayor Estrada stated he felt Councilmember Horak's suggestions were reasonable, but stated he thought the service levels should be evaluated by staff and Council first and then brought back to the CHOICES 95 Committee prior to the Committee's deliberations on capital improvements. City Manager Burkett stated staff had considered recommending the Committee look at all of the issues, but stated after discussing the pros and cons staff opted to recommend the citizen's group focus primarily on the capital ' improvements. He added the recommendation calls for staff to go through a process with Council to identify what the service needs are of the various services in the community. He explained the reasoning behind having Council examine the service levels. Mayor Estrada stated he felt the process should be Council initiated, but should include input from the general public on their viewpoints as to what types of services are needed in the community. He stated after that input has been received, then the Executive Committee should be approached to talk about capital projects to fill those needs. Councilmember Kirkpatrick stated she viewed CHOICES 95 as an opportunity for Council to picture the possibilities. She added it is incumbent upon the Council to balance the present pressures knowing the options in the City's current service needs with the options presented by the CHOICES 95 Committee. Councilmember Winokur suggested a balanced interview and selection process rather than having specific, designated representation on the subcommittees. Deputy City Manager Skip Noe stated there was a desire to create a linkage between the existing advisory board structure and this particular organizational structure without giving the existing structure undue ' weight. -171- September 15, 1987 Councilmember Winokur made a motion, seconded by Councilmember Kirkpatrick, ' to amend Resolution 87-130 as follows: In Section 2, delete the sentence, "The Subcommittee shall include one (1) representative from the Planning and Zoning Board, who shall be selected by the Planning and Zoning Board." In Section 3, delete the sentence, "The Subcommittee shall include two (2) representatives from the Parks and Recreation Board, who shall be selected by the Parks and Recreation Board." In Section 4, delete the sentence, "The Subcommittee shall include one (1) representative from the Library Board and one (1) representative from the Cultural Resources Board, both of which members shall be selected by their respective Boards." Councilmember Horak stated he felt the subcommittees should include representation by existing boards which are already charged with dealing with specific areas. He stated he would not support the amendment. Councilmember Winokur stated he could understand Councilmember Horak's comments, but stated he was concerned that the individuals chosen to represent the boards may represent the majority view of the members of the board, rather than represent the broad spectrum of viewpoints on their area of expertise. He stated he thought all board members should be able to apply and Council select the individuals for the subcommittees. Councilmember Kirkpatrick stated she agreed that the selection process should be opened up to a wider possibility of boards and commissions , representation in the process. Mayor Estrada stated he would not support the amendment. He stated he supported Councilmember Horak's rationale. He stated he was not concerned that the individuals selected to represent those board mentioned would be unduly influenced by those individuals who make up the boards and commissions. The vote on Councilmember Winokur's motion to amend Resolution 87-130 was as follows: Yeas: Councilmembers Kirkpatrick, Maxey, Stoner, and Winokur. Nays: Councilmembers Estrada, Horak, and Mabry. THE MOTION CARRIED. Councilmember Horak stated he still felt the focus of the Resolution and the committees is misguided in that the citizens are going to be looking at what type of equipment is• desired, not what product or service levels should be provided. He stated he felt the focus should be on service. Councilmember Stoner stated he felt the process should break out existing capital and ongoing operation and maintenance, compared to service levels of daily operations. He suggested tabling the item for further staff review based on the comments made by members of Council. -172- September 15, 1987 Councilmember Maxey stated he also felt ongoing operation and maintenance should be tied into the proposal. Councilmember Horak stated he would like the proposal to include looking at a depreciation policy on existing facilities and ways to maintain those facilities. Councilmember Stoner made a motion, seconded Councilmember Horak, to table Resolution 87-130 to October 6. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Ordinance No. 142, 1987, Amending Section 118-83(E) to Allow for Greater Flexibility with Regard to the Number of Unrelated Persons Who May Reside in a Dwelling Unit in Multiple -Family Dwellings Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary In addition to the traditional family, the Code defines a "family" as not more than three unrelated persons living together. Under this ordinance, the Planning and Zoning Board would have the power to increase the number of unrelated persons residing in an individual dwelling unit when that unit is part of a multiple -family dwelling approved pursuant to the Land Development Guidance System. Background Recently, a developer has raised the issue of whether the definition of "family" serves as a limitation on the number of unrelated persons who may reside in an individual dwelling unit when that dwelling unit is approved as a part of a multiple -family dwelling project under the Land Development Guidance System. The developer has taken the position that, since "any land use" is permissible when processed as a P.U.D. under the Land Development Guidance System, a land use which expressly contemplates the occupation of an individual dwelling unit by more than three unrelated persons may be approved by the Planning and Zoning Board,notwithstanding that the definition of "family" limits the number of unrelated persons who may reside in a dwelling unit to three. The City Attorney's office has given the opinion that, absent express authorization in the City Code, the Planning and Zoning Board may not approve planned unit developments which contemplate the occupancy of individual dwelling units by more than three unrelated persons. The ' purpose of the proposed ordinance is to provide such express authorization. -173- September 15, 1987 It is believed by the Planning staff that any such express authorization ought to be limited to "multiple -family dwelling units," so as to continue to make available the definition of "family" for the protection of single-family and duplex neighborhoods. However, the Planning staff believes that it would be advantageous to the community to give the Planning and Zoning Board the flexibility to increase the number of unrelated persons who may reside in dwelling units in multiple family dwellings, since many of these dwellings are located adjacent to or in the vicinity of the university and other areas where increased density of population would not conflict with the surrounding neighborhood in terms of compatibility or other impact. The ordinance, if passed, would require the Planning and Zoning Board to examine compatibility and determine that, by permitting an increased number of unrelated persons to reside in such dwelling units, all applicable Criteria of the Land Development Guidance System are still satisfied." Councilmember Mabry made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 142, 1987 on First Reading. Planning Director Tom Peterson gave a brief presentation on this item. He stated the purpose of the ordinance is to correct a flaw that was discovered in the LOGS system as it applies to multi -family PUDs. He responded to questions from Council about the specifics of the ordinance and its effect on existing developments. Councilmember Kirkpatrick stated she was glad to see this kind of amendment because it brings reality into compliance with what we say things should be like. She stated she had received a suggestion that the City provide information to the Collegian on a yearly basis about some of the existing ordinances that pertain to the definition of family as it has a bearing on who lives where. Mayor Estrada emphasized this amendment does not have any impact on single-family dwelling areas within the City. The vote on Councilmember Mabry's motion to adopt Ordinance No. 142, 1987 on First Reading was as follows: Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Items Relating to the City Park Nine Golf Course Clubhouse Renovation and New Maintenance/ Golf car Storage Building Projects Following is staff's memorandum on this item: -174- rJ September 15, 1987 "Financial Impact The revised final estimated total costs for the City Park Nine Projects remains at $315,000. The new building will cost $140,000 and the Clubhouse renovation will cost $175,000. The Golf Fund Surcharge Reserve has $120,700 available for the renovation, and the Facilities Division previously budgeted $19,300 for major repairs to the building. There is also $140,000 available in Golf Fund Undesignated Reserves to pay for the new building rather than acquiring it through the lease/purchase process as previously recommended. In May Council approved $35,000 from Golf Fund Surcharge Reserves for the architectural and engineering consultant which is included in the $315,000 total. Executive Summar A. Denial on Second Reading of Ordinance No. 127, 1987, Appropriating Proceeds and Authorizing an Agreement for Lease/Purchase of the City Park Nine Maintenance/Golf Car Storage Building. B. Second Reading of Ordinance No. 128, 1987, as Amended, Authorizing the Transfer of Appropriated Amounts from the General Fund to the Golf Fund and Appropriating Prior Year Reserves in the Golf Fund for the City Park Nine Clubhouse Renovation and New Maintenance/Golf Car Storage Building. Ordinance No. 127, 1987 should be denied on second reading as it is now determined that sufficient money exists in the Golf Fund Reserve. Ordinance No. 128, 1987 has been amended to appropriate the balance of money necessary from Golf Fund Reserves to construct the new maintenance/golf car storage building as well as complete the renovation of the clubhouse building, and transfer money previously budgeted in the Facilities Division for this purpose. If approved, the projects will start construction work the last week of September, pending bids, and we can expect full completion by mid -February. Background Council unanimously adopted both ordinances on First Reading on September 1. Prior to that time, Maryland National Leasing Corporation had agreed to finance the construction of the City Park Nine maintenance/golf car storage building through a lease/purchase process. However, after further consideration, it was determined that the City could not provide them with acceptable collateral to secure the loan. The City Attorney and Finance Department staff reviewed every option available to find acceptable collateral, but it simply could not be accomplished as the lease/purchase of a building such as the one at City Park Nine does not meet basic requirements. Therefore, we had to find an alternative method to finance the project. Upon further review of the Golf Fund, staff determined that sufficient ' money exists in Golf Fund Reserves to pay for the projects, and since we could not borrow the money from outside sources, we had no choice but to -175- September 15, 1987 utilize prior year undesignated reserves for this purpose. Therefore, Ordinance No. 127, 1987 should be denied on Second Reading, and Ordinance No. 128, 1987 should be amended and adopted on Second Reading to appropriate the balance of money necessary to accomplish the projects." Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to deny Ordinance No. 127, 1987 on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Stoner made a motion, seconded by Councilmember Kirkpatrick, to adopt Ordinance 128, 1987 as amended on Second Reading. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Other Business Appointment of Mike Smith as City Representative on the Front Range Water Ouality Association Councilmember Maxey stated the new Front Range Water Quality Association will have an organizational meeting on September 16 and under the bylaws of the Association a Councilmember is a designated representative on the Association. He stated Council may designate another individual to serve in the Councilmember's place. Councilmember Maxey made a motion, seconded by Councilmember Stoner, to appoint Mike Smith as the designee of the Council to represent the City on the new Association and the Mayor be authorized to convey the appointment to the new organization. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. THE MOTION CARRIED. Adjournment Councilmember Winokur made a motion, seconded. by Councilmember Stoner, to adjourn the meeting. Yeas: Councilmembers Estrada, Horak, Kirkpatrick, Mabry, Maxey, Stoner, and Winokur. Nays: None. L] The meeting adjourned at 9:40 p.m. Ma ' -176- September 15, 1987 1 J .'ATTEST: City Clerk � 1 ' -177-