HomeMy WebLinkAboutMINUTES-03/05/1991-RegularMarch 5, 1991
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of.Fort Collins was held on Tuesday,
March 5, 1991, 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: Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Beatriz Alonso, 2630 Brookwood Drive, appreciated the concern shown by Council
but has not received a satisfactory answer regarding issues she has raised.
Agenda Review
City Manager Steve Burkett requested that Item #18, Items Relating to the Sale
of SouthRidge Golf Course, be rescheduled for March 19th so the legal description
' could be revised to include access easements.
City Manager Steve Burkett stated Item #21, Resolution 91-43 Setting Forth a
Process Leading to a Determination Regarding Properties in Downtown Fort Collins,
in the Council packet was a revised Resolution.
City Manager Steve Burkett requested Item #11, Resolution 91-40 Authorizing the
Mayor to Enter Into Intergovernmental Agreements With Larimer County and the
District Attorney Allowing Use of the City of Fort Collins' Indoor Police
Training Facility, be withdrawn from the Consent Calendar and rescheduled for
March 19th.
Councilmember Horak requested that Items #9 and #10, Resolution 91-38 Approving
Rental Rates for Surplus Water for the 1991 Season, and Resolution 91-39
Authorizing the City to Lease Grazing Rights to the Meadow Springs Property to
Natural Fort Grazing, Ltd., be withdrawn from the Consent Calendar.
Councilmember Edwards requested that Item #12, Resolution 91-41 Authorizing the
Mayor to Enter into an Intergovernmental Agreement with Poudre Valley Hospital
District to Provide 24-Hour Dispatch Services to the District, be withdrawn from
the Consent Calendar.
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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 to be "pulled"
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #13, Pulled
Consent Items.
a
The Total Compensation plan adopted by Council in December 1990, calculated
medical benefits based on a composite rate of $285 per employee per month.
This rate is higher than the $245 amount budgeted for 1991. Funding for
this difference was budgeted as a part of the total of 4.5% set aside for
labor market adjustments. The difference between the original budget and
the final actual numbers is $480,000 city wide.
This ordinance, which was unanimously adopted on First Reading on February
19, appropriates this additional revenue which is being paid into the
Benefits Fund to cover Medical Claims for 1991. '
7. Items Relating to Grant Monies for Recycling Education.
A. Resolution 91-36 Authorizing the Mayor to Execute an
Intergovernmental Agreement Between the City and Colorado State
University to Implement 'a Grant for a Recycling Promotion and
Education Program.
B. Hearing and First Reading of Ordinance No. 27, 1991, Appropriating
Unanticipated Revenue of $30,000 in the General Fund.
The resolution authorizes the Mayor to enter into an agreement between the
City and Colorado State University to implement a joint Urban Community
Recycling Support Program Grant. The Ordinance appropriates the grant
funds.
8. Resolution 91-37 Approving a Zero Interest Loan Program for Water Service
Line Replacement.
Resolution 90-147, approved by City Council on November 29, 1990, directed
Utility staff to investigate the feasibility of a zero interest loan
program for customers with an inferior or corroded water service line that
should be replaced at the time of the installation of the meter. The
Water Demand Management Committee reviewed the loan program at its meeting
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March 5, 1991
on February 14, and approved the guidelines outlined in the Procedures
Memorandum.
Resolution 91-38 Approving Rental Rates for Surplus Water for the 1991
Season.
This resolution would approve rates for the rental of the City's surplus
raw water. Each year after the irrigation companies have established the
annual assessment rates for their water, the Water Board makes a recommend-
ation to the Council on the rental rates to be charged for the City's sur-
plus water. The rental rates for 1991 were discussed at the February 15,
1991 meeting of the Water Board. The proposed rental rates are based on
several factors including assessment rates, past rental rates, and antici-
pated supply and demand conditions.
10. Resolution 91-39 Authorizing the City to Lease Grazing Rights to the Meadow
Springs Property to Natural Fort Grazing, Ltd.
The Option and sales agreements reached with Meadow Springs Grazing
Association granted to the Association first right of refusal for the
lease of any grazing rights offered in the future by the City. Staff
completed a general review of market conditions and proposed a rate of
' $9.00 per animal per month. This rate and the subsequently negotiated
grazing lease have been accepted by the Association. The exact revenue
derived from the lease will be determined by the carrying capacity of the
ranch during the 1991 grazing season, and the length of time livestock are
able to graze. The lease requires an initial down payment of $20,000
prior to placement of any livestock, with the balance due by December 1,
1991, after final removal of all remaining livestock.
11.
Currently, Fort Collins Police Services leases and operates the Indoor
Police Training Facility, which includes an indoor shooting range,
classroom and physical skills training area. This facility is used by
Police Services to train officers in critical job skills, i.e., firearms
training and proficiency, CPR and First Aid training, crime scene, and
communication skills training. Management and use of the facility is
coordinated through the Fort Collins Police Services' Training Unit.
Under the proposed intergovernmental agreements, outside law enforcement
agencies will be permitted to use the facility for law enforcement related
training. Mutual police training needs can be enhanced by permitting
inter -agency use of the facility. Police Services continues to be
approached by other regional law enforcement agencies seeking to use the
facility. Additional intergovernmental agreements are anticipated.
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March 5, 1991
Each agreement specifies the number of hours each agency may use the
facility, fees charged, permitted weapons and ammunition, permitted use
of the facility, and, to the extent possible, indemnification provisions.
The Intergovernmental Agreement with Poudre Valley Hospital District
provides for consolidation of dispatching services in the City's
Communication Center. The agreement is for one year, commencing January
1, 1991.
Under the agreement, the City provides 24-hour dispatch services,
centralized response records, the central point for 911 emergency calls,
dispatchers, maintenance of equipment and radio frequency access. In
return, the District will pay the City $68,629 for the services provided
and anticipated expenses.
The payment from the District under the 1990 Agreement was $65,361 for
dispatch services and related expenses.
The Poudre Valley Hospital Board has reviewed, approved, and signed the I
agreement.
Ordinances read on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #6.
Ordinances read on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #7.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
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March 5, 1991
Resolution 91-38 Approving Rental Rates
for Surplus Water for the 1991 Season, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The revenue from rental water is expected to exceed $100,000. The actual amount
of surplus water rented wi11 depend on both the City's supply and demand for 1991
as well as the need for water by area farmers.
EXECUTIVE SUMMARY
This resolution would approve rates for the rental of the City's surplus raw
water. Each year after the irrigation companies have established the annual
assessment rates for their water, the Water Board makes a recommendation to the
Council on the rental rates to be charged for the City's surplus water. The
rental rates for 1991 were discussed at the February 15, 1991 meeting of the
Water Board. The proposed rental rates are based on several factors including
assessment rates, past rental rates, and anticipated supply and demand
conditions. The attached table shows the assessment rates and proposed rental
rates for 1991, as well as the corresponding rates for 1989 and 1990.
The Water Board and staff recommend that the following rental rates be adopted:
Irrigation Company Proposed 1991 Rental Charge*
NCWCD Water (CBT) $ 18.00/ac-ft
North Poudre Irrigation Company $ 85.00/share
Water Supply & Storage Company $1,800.00/share
Pleasant Valley & Lake Canal Co. $ 95.00/share
New Mercer Ditch Company $ 250.00/share
Larimer County Canal No. 2 $ 180.00/share
Arthur Irrigation Company $ 9.00/share
Warren Lake Reservoir Co. $ 120.00/share
* For late season rentals, rates may be adjusted to reflect the remaining
yield or the prevalent market price of the water stock being rented.
The amount of surplus water rented will depend on both the City's supply and
demand for 1991 as well as the need for water by area farmers: In both 1989 and
1990 supply was short and demands were high resulting in an active rental market.
In 1989, 16,195 acre feet were rented for $183,429. In 1990, 14,725 acre feet
were rented for $196,128.
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March 5, 1991 '
Municipal supply and demand will be monitored closely and quantities available
for rent will be determined periodically. An adequate amount.of water will be
reserved to ensure that the City's requirements are met."
Councilmember Mabry made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-38.
Councilmember Horak questioned the rationale in giving preference to previous
customers.
Water Resources and Planning Manager Dennis Bode stated that water is first
rented to clients having Lease/Backer Agreements, then those who have rented in
the past and depending on the supply, the remainder is rationed out on a first
come first serve basis.
Councilmember Horak stated he supported the Resolution, however, he opposed the
rental structure adding that it appeared water rights had been setup on the
rental water.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-39 Authorizing the City
to Lease Grazing Rights to the Meadow Springs
Property to Natural Fort Grazing, Ltd., Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Adoption of the Resolution would result in the City receiving income from grazing
fees for the recently purchased Meadow Springs Ranch. At the agreed upon rate
of $9.00 per animal unit per month, the lease should generate gross revenues of
$55,000 to $65,000 in 1991.
EXECUTIVE SUMMARY
The Option and sales agreements reached with Meadow Springs Grazing Association
granted to the Association first right. of refusal for the lease of any grazing
rights offered in the future•by the City. Staff completed a general review of
market conditions and proposed a rate of $9.00 per animal per month. This rate
and the subsequently negotiated grazing lease have been accepted by the .
Association. The exact revenue derived from the lease will be determined by the
carrying capacity of the ranch during the 1991 grazing season, and the length
of time livestock are able to graze. The lease requires an initial down payment
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March 5, 1991
of $20,000 prior to placement of any livestock, with the balance due by December
1, 1991, after final removal of all remaining livestock.
Meadow Springs Grazing Association has assigned all its rights to this first
right of refusal to a newly created corporation, Natural Fort Grazing, Ltd.
Natural Fort Grazing is composed of those former members of Meadow Springs
Grazing who desired to continue livestock grazing. The lease would continue
grazing as practiced previous to the City's purchase of the property. Future
practices will be evaluated in the Sludge Management Plan."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-39,
Wastewater Treatment Manager Tom Gallier gave a brief explanation for retaining
the grazing use of the property and spoke of provisions in the lease.
Councilmember Horak spoke in opposition to the Resolution.
Mayor Kirkpatrick stated she supported the Resolution and if allowable within
federal guidelines, she would like to see plans for test plots for mixed use
and sludge management.
I The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Resolution 91-41 Authorizing the Mayor
to Enter into an Intergovernmental Agreement
with Poudre Valley Hospital District to Provide
24-Hour Dispatch Services to the District. Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The Poudre Emergency Communication Center has provided dispatch services for the
Poudre Valley Hospital District for the past ten years under similar agreements.
Under the agreement, the District will pay the City $68,629 as compensation for
communication services and anticipated expenses.
EXECUTIVE SUMMARY
The Intergovernmental Agreement with Poudre Valley Hospital District provides
for consolidation of dispatching services in the City's Communication Center.
' The agreement is for one year, commencing January 1, 1991.
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March 5, 1991
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Under the agreement, the City provides 24-hour dispatch services, centralized
response records, the central point for 911 emergency calls, dispatchers,
maintenance of equipment and radio frequency access. In return, the District
will pay the City $68,629 for the services provided and anticipated expenses.
The payment from the District under the 1990 Agreement was $65,361 for dispatch
services and related expenses.
The Poudre Valley Hospital Board has reviewed, approved,and signed the
agreement."
Councilmember Edwards withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Mabry, to adopt
Resolution 91-41.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
(Councilmember Edwards withdrawn)
THE MOTION CARRIED.
Ordinance No. 22, 1991, Fixing the '
Salary of the City Manager, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
City Council has met in Executive Session to conduct the performance appraisal
of City Manager Steve Burkett. This Ordinance, which was adopted 6-1 on First
Reading on February 19, establishes the 1991 salary for the City Manager at
$80,200."
Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt
Ordinance No. 22, 1991 on Second Reading.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Kirkpatrick, Mabry., Maxey and Winokur. Nays: Councilmember
Horak.
THE MOTION CARRIED.
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' March 5, 1991
Resolution 91-33 Recommending Denial
of a Waiver of the Public Street Capacity
Requirement, the Public Sewer Capacity
Requirement and the Requirement for Contiguity
to Existing Development for the Don White Rezoning, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
A waiver to the public street capacity requirement would result in a waiver fee
of $4,460 (based on $5,575 per acre industrial land use UGA waiver fee applied
to .8 acre storage use).
EXECUTIVE SUMMARY
This Resolution was postponed indefinitely on February 19. The applicant has
indicated he wishes to proceed at this time. This waiver request pertains to
the Don White Rezoning, which is a request to rezone 10 acres from I -Industrial
to FA -Farming and I-1 Heavy Industrial, for automobile towing, repair and
storage. The site is located on the west side of Shields Street, north of Willox
' Lane (1905 N. Shields Street) and presently contains a single-family residence.
The surrounding land uses consist of several single-family residences, and the
Willox Wrecking Yard.
In 1978, Larimer County approved a rezoning of this 10-acre site from FA -Farming,
to I -Industrial. A condition of the rezoning was that the site be used
specifically for the storage of recreational vehicles and that fire protection
and landscape buffering be addressed with a site plan. None of these conditions
were met and the property has never been used for storage of recreational
vehicles. The I -Industrial Zoning has remained on the property.
The present rezoning request is to rezone the majority of the ten acres (9.2
acres) back to FA -Farming and rezone .8 acres to I-1 Heavy Industrial for the
auto related use. The applicant proposes to store vehicles in a fenced outdoor
storage area.
In order for a property to be rezoned in the UGA, it must be shown that the
property will conform to the UGA Phasing Criteria. Of the four Urban Growth
Area Phasing Criteria required for this rezoning, this proposal only meets the
requirement for public water capacity. Waivers are being requested for the
requirements for public sewer capacity, public street capacity and contiguity
to existing development.
Under the UGA Phasing Criteria for public street capacity; the applicant would
be responsible for improving Shields Street from the site to Vine Drive,
' approximately one mile. The existing residence is on a septic system and public
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March 5, 1991
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sewer is available south of the Poudre River, or east of the Union Pacific
Railroad (112 - 314 mile from the site). Although there are existing residences
in the surrounding area, "existing development" is defined as development that
has occurred through approved subdivisions.
The intent of the waiver process is to avoid the imposition of unnecessary
impediments to infill development proposals or sites. Infill development sites
are those in essentially developed portions of the Urban Growth Area whose impact
on existing services and facilities is relatively minimal. Infi11 sites are
differentiated, in the Larimer County Supplemental Regulations, from sites that
require the extension or upgrading of basic infrastructure and other services
and facilities, so that the development or use of the site can proceed (which,
in the County's Regulations are referred to as "Sequential Development
Proposals").
The Larimer County Commissioners may waive phasing criteria provided that:
The waiver will not result in unplanned public expense for provision of
public services, improvements, or facilities;
The waiver is consistent with the intent and purpose of the County and
adjoining municipality's Comprehensive Plans or Policies;
The waiver application contains material indicating approval may be granted '
without substantial detriment to the intent and purposes of the
Supplementary Regulations which apply to the area;
The waiver application contains material indicating there are exceptional
circumstances which apply to the specific piece of property which do not
apply generally to the remaining property in the Urban Growth Area; and
The waiver application contains material indicating approval would not
impair the public health and safety by creating undesirable traffic
conditions, unhealthy sanitary conditions or adverse environmental
influences in the area.
While the impact from the proposed rezoning is relatively minimal, this site is
not in-fi11 development but rather a sequential development. The basic
infrastructure needed to serve the site is not in place. As development
continues to occur in this area without the infrastructure, the cost to upgrade
and extend services into this area will have to be borne by the applicants of
development proposals or eventually, by the public. There are no exceptional
circumstances that are unique to this site, to warrant the waiver requests. The
granting of this waiver would be detrimental to the intent and purpose of the
Supplemental Regulations because it would tend to encourage development which
is not "infill" development.
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March 5, 1991
RECOMMENDATION:
The proposed Don White Rezoning is not an infill site and there are no
exceptional circumstances unique to this site. Therefore, staff recommends
defeat of the resolution.
URBAN GROWTH AREA REVIEW BOARD:
The waiver request will be considered by the Urban Growth Area Review Board at
its February 27, 1990 meeting."
Councilmember Edwards made a motion, seconded by Councilmember Horak, to remove
Resolution 91-33 from the table.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Chief Planner Ken Waido gave a brief overview of waiver requests and recommended
adoption of Resolution 91-33.
Councilmember Mabry made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-33.
Dennis Griffith, representing Don White, urged Council to grant the waiver
request.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the
Sale of SouthRidge Golf Course
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-35 Directing the Use of the Proceeds from the Sale of
SouthRidge Golf Course for the Purpose of Retiring the Corresponding Amount
of Sales and Use Tax Refunding and Improvement Bonds.
B. Second Reading of. Ordinance No. 26, 1991, Authorizing the Sale of
SouthRidge Golf Course to Accent Resources, Inc.
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March 5, 1991
On February 19, Council voted 6-1 to adopt on First Reading Ordinance No. 26,
1991, which authorizes the sale of SouthRidge Golf Course to Accent Resources,
Inc. The Accent Resources, Inc. proposal was received in response to an
invitation to bid from the City and negotiations with Accent and another bidder
who responded to the solicitation of bids.
Staff recommended the Accent Resources, Inc. proposal to purchase the course for
$3.2 million because it was a cash offer and is sufficient to payoff the
remaining sales and use tax debt attributed to the SouthRidge Golf Course. This
recommendation is consistent with the Council goal to reduce the sales tax
subsidy of the Golf Course and helps reduce the City's debt burden.
Resolution 91- Approving a Zero Interest Loan Program for Water Service Line
Replacement.
Resolution 91-35 provides that the proceeds from the sale of SouthRidge be used
to fund an escrow account which will retire the portion of the outstanding 1986
Sales and Use Tax Refunding Improvement Bonds attributable to the course.
After Council adopted Ordinance No. 25, 1991, on first reading, the City and
Accent Resources, Inc., entered into an Addendum to the parties' February 19,
1991 Agreement of Purchase and Sale of Real Property, contingent upon Council
approval. This Addendum has been entered into for the benefit of the City in
order to permit the City to reserve to itself certain rights -of -way storm '
drainage, floodplain and access easements on the SouthRidge Property. This
Addendum does not change any of the other terms of the City's sale of the
SouthRidge Property. The Ordinance has, therefore, been amended on second
reading to include reference to the Addendum."
Councilmember Winokur made a motion, seconded by Councilmember Horak, to adopt
Resolution 91-35.
Director of Cultural, Library and Recreation Services Mike Powers gave a brief
presentation on this item.
Councilmember Winokur commented that he wanted to see the SouthRidge debt retired
and spoke in support of the Resolution.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Councilmember Winokur, to postpone
consideration of Ordinance No. 26, 1991 until March 19th.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
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THE MOTION CARRIED.
Items Pertaining to the
Harmony Corridor Planning Effort
March 5, 1991
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-42 Approving the Harmony Corridor Plan as an Element of the
Comprehensive Plan of the City.
B. Hearing and First Reading of Ordinance No. 28, 1991 Adopting the Harmony
Corridor Design Standards and Guidelines.
C. Hearing and First Reading of Ordinance No. 29, 1991, Amending Chapter 29
of the Code Establishing the EP, Employment Park Zoning District.
D. Hearing and First Reading of Ordinance No. 30, 1991, Rezoning Approximately
465 Acres Located East of the Union Pacific Railroad Tracks from Current
Zoning Districts to the EP, Employment Park Zoning District.
The planning process for the Harmony Corridor area began in August of 1989 when
City Council formally adopted the 1990-1991 Consolidated Work Program for the
Development Services Department, which included the Harmony Corridor planning
effort. In October, approximately a year later, the Planning and Zoning Board
adopted the Harmony Corridor Plan and recommended to City Council the adoption
of the Plan and related implementation documents. Since that time the City
Council has held a public hearing and two work sessions and has requested changes
to the planning documents. Staff's record of City Council's direction and the
changes made to the documents in response to Council's direction is attached for
your review. The Harmony Corridor Plan, the Harmony Corridor Design Standards
and Guidelines and the EP, Employment Park zoning district have been revised and
were delivered tg Council members on February 21, 1991.
BACKGROUND:
The uniqueness of the Harmony Corridor as a major gateway and a growing
employment center has been recognized by the City for many years. The Harmony
Corridor provided an opportunity to address several goals and objectives of the
City's Comprehensive Plan, including the desire to discourage strip commercial
development and to enhance the appearance of arterial streets and entrance
highways. With one-half of the corridor developed and another one-fourth planned
it was clear that this opportunity would not exist to the same degree five or
ten years from now. It was for these reasons that the City Council authorized
' the Harmony Corridor planning effort in August 1989.
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March 5, 1991 '
The planning process involved two parallel work efforts -- a technical planning
effort and a public participation process. The technical planning effort
analyzed existing conditions and opportunities, defined focus areas and generated
alternative approaches which led to the planning and urban design recommendations
of the Plan. At the same time, a public participation process attempted to
identify all potentially affected interests and work with them using a number
of different techniques designed to inform as well as solicit ideas. Advisory
committees, public open houses, presentations to boards and commissions, as well
as numerous meetings with special interest groups and individuals have all been
used to get comments and ideas, many of which have helped shape the Plan.
The Planning and Zoning Board approved the Harmony Corridor Plan and recommended
to City Council approval of the Harmony Corridor Design Standards and Guidelines
and the EP, Employment Park zoning district in October, 1990. Since that time
the City Council has reviewed the Plan and related documents, conducted a public
hearing and held two work sessions. This review period resulted in the City
Council directing the staff to make changes in the Plan and related documents.
CHANGES:
City Council's direction and the changes made to the documents in response to
Council's direction are summarized on Attachment A.
THE PLAN: I
The Plan begins with a description of the physical and cultural existing
conditions in the corridor. Analysis of existing conditions helped define three
focus areas --LAND USE, URBAN DESIGN and THE GATEWAY. Each focus area is
elaborated on independently. Issues are described, problems and opportunities
defined and alternative directions for the future are analyzed. The discussion
concludes with a plan in the form of a goal statement and policies, followed by
implementation actions.
The Land Use Plan strives to make the Harmony Corridor a major business center
in northern Colorado attracting desirable businesses and industries that serve
a regional market. Land use policies emphasize coordinated planning through
large scale master plans and discourage strip commercial development by requiring
commercial/retail development to be located in planned centers near major
arterial intersections with less intense development between major intersections.
The policies also highlight the importance of maintaining the Liveability and
stability of residential neighborhoods in and adjacent to the corridor.
References to economic development as a primary purpose of the Plan have been
removed.
The Urban Design Plan seeks to guide development in the corridor so that a
unified urban design theme and landscape character is created along Harmony
Road. The Harmony Oaks design theme uses naturalistic berming, a meandering
sidewalk system, groves of trees and wildflower masses to create a landscape '
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character that is attractive in every season. (Design standards and guidelines
that will be used to implement the Harmony Oaks design concept are being
considered for adoption along with the Plan.) Urban design policies promote the
development of extensive recreational trails, a commuter bicycle system and
emphasize the importance of coordination with other City departments and
governmental agencies. The Urban Design Plan also highlights the historical
heritage associated with the original community of "Harmony". The urban design
portion of the Plan was changed to put more emphasis on the creation of a
commuter bicycle system in the corridor and to highlight the importance of
xeriscape landscape principles.
Lastly, the Gateway Plan encourages the City to pay special attention to the
land area near I-25 and the Poudre River. Protecting natural resources,
enhancing natural scenic qualities, establishing a well planned and attractive
gateway, and taking advantage of recreational and educational opportunities are
all part of the gateway planning effort promoted in the Plan. The planning area
boundary was revised to coincide with the Urban Growth Area boundary line,
however, the City is still interested in working with Timnath and Larimer County
to explore alternatives for the land areas between 1-25 and the Poudre River in
a cooperative effort.
The three focus areas together create a comprehensive "vision" for the Harmony
' Corridor of the future. In order for the full potential of the corridor to be
realized, the City needs to make a commitment to implementation. It is
envisioned that the implementation actions spelled out in the Plan will be
underway within the next five years.
IMPLEMENTATION:
In addition to the Harmony Corridor Plan, the Council is being asked to consider
the adoption of the Harmony Corridor Design Standards and Guidelines. The design
standards and guidelines are intended to be used as a design aide by developers
proposing projects in the Harmony Corridor; and as an evaluation tool by the City
staff and Planning and Zoning Board in their review processes. The design
standards and guidelines apply only to projects being processed according to the
criteria in the LAND DEVELOPMENT GUIDANCE SYSTEM and to projects in the EP,
Employment Park zoning district. Standards denoted by a (+) are mandatory and
guidelines denoted by an (o) are not mandatory, but are provided in order to
educate planners, design consultants, developers and city staff about the Harmony
Oaks design concept.
Council is also being asked to consider the adoption of the EP, Employment Park
zoning district and the rezoning of approximately 465 acres of land, located
east of the Union Pacific railroad tracks, from existing zoning to the new EP,
Employment Park zoning district. The purpose of the new.EP, Employment Park
zoning district is to provide an open attractive environment for business and
' industrial activities in areas of the city where adequate public facilities and
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March 5, 1991 '
services exist. The street oversizing fee incentive and the administrative
review have been deleted from the EP, Employment Park zoning district.
RECOMMENDATION
On February 25, 1990, the Planning and Zoning Board approved the Harmony Corridor
plan and recommended its inclusion in the City's Comprehensive Plan. Included
in the recommendation was a request to put references to signage standards and
guidelines back into the Plan. The Board also recommended that additional
language be added to the Gateway Chapter to clarify the City's intent to plan
for the future of the whole gateway from the bluffs to the Poudre River in
cooperation with the Larimer County, the Town of Timnath and the affected land
owners.
In a separate resolution the Planning and Zoning Board recommended to City
Council the adoption of the Harmony Corridor Design Standards and guidelines.
The Board requested that the design standards and guidelines relating to signage
in the corridor be put back into the document. The Board also expressed the
desire to maintain the Harmony Oaks design concept and the 80 foot setback as
currently presented.
The Planning and Zoning Board also recommended to the City Council the adoption
of the EP, Employment Park zoning district and the rezoning of approximately 465
acres from T, Transition, i-p, Industrial Park, and b-p, Planned Business zoning
'
districts to the EP, Employment Park zoning district."
Planning Director Tom Peterson gave a brief report on this item and responded
to questions from Council regarding special issues and concerns.
City Planner Linda Ripley stated the Harmony Oaks concept was left in it's
original form making the planting of oak trees in the corridor a mandatory
requirement. She noted there. was an alternative Resolution in the Council
packets containing language that would make it optional.
Harold Worth, speaking on behalf of the Citizen Planners, supported the Harmony
Corridor concept and urged Council to examine longterm transportation issues
through and within the corridor.
Ed Stoner, 4409 W. 52E, LaPorte, Colorado, stated the original purpose of the
zoning plan was to encourage industrial, non -retail and commercial users to
locate. in the Harmony Corridor, but stated due to the incentives of the setbacks
it seemed to appeal more to retail users.
Ripley clarified the 80 foot setback would be measured from the edge of the road
rather than the right-of-way line due to a great variance in the measurement from
the side of the road to the right-of-way line.
'
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' March 5, 1991
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-42.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey and Winokur. Nays: Councilmember
Mabry.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adopt
Ordinance No. 28, 1991 as amended.
Mayor Kirkpatrick stated she did not support the ordinance with the amendments.
Councilmember Maxey disagreed with mandatory planting of Oak trees.
City Attorney Steve Roy read the amendments into the record.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Edwards, Maxey, Winokur and Mabry. Nays: Councilmembers Azari, Horak and
Kirkpatrick.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 29, 1991 on First Reading.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 30, 1991 on First Reading.
Mayor Kirkpatrick commended staff for the time and energy they gave the project.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
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March 5, 1991 '
Resolution 91-44 Amending the
"Storm Drainage Design Criteria and
Construction Standards" by the Addition
of Construction Erosion Control Criteria, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The additional review and enforcement required will be done by existing City
staff and will not require a fee increase. City projects will see an increase
in design and construction costs. Due to the low -tech nature of the erosion
control measures, i.e., straw bales, gravel, cinder block, seeding, the cost
increases are thought to be reasonable.
EXECUTIVE SUMMARY
Council has set a goal to "Maintain and Enhance the Environmental Quality of Our
Community". The revision of the City code relating to storm water quality has
been identified as a needed step in meeting this goal. A key element of
protecting the quality of storm water is the implementation of erosion control
criteria. At the Federal level, the Environmental Protection Agency recently
passed rules related to the control of storm water runoff quality. An erosion '
control program will be a key element in meeting the new Federal rules.
The City currently has well documented design and construction standards;
however, there is no clear direction on the control of erosion caused by
construction. Staff has completed the preparation of erosion control criteria
for construction sites.
BACKGROUND
Erosion is a natural process, but the stripping of vegetation that is required
on construction sites accelerates the erosion and sends large amounts of sediment
into the air and water. By volume, sediment is the greatest water pollutant.
It lowers air and water quality, carries other pollutants into the water and
destroys fish and wildlife habitat. It also clogs drainage facilities, reducing
their capacity and increasing the cost of maintenance.
The Stormwater Utility initiated the preparation of these criteria approximately
two years ago. A consultant with expertise in erosion control was hired to
prepare the criteria. The following objectives were identified:'
1. The criteria must be tied to Fort Collins' soil and climate.
2. The criteria must be practical to implement- without significant
financial impact.
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March 5, 1991
3. The criteria must be tied into the City's existing project review,
approval, and inspection processes.
During preparation of the criteria, efforts were made to keep the issue in front
of the public. A brochure was published outlining the basic guidelines of
erosion control. Seminars were conducted. The voluntary use of erosion control
measures on developing sites was encouraged, and erosion control measures were
incorporated into Stormwater Utility projects. An Open House was held, and the
criteria were made available for public review.
A review committee, made up of representatives from both the public and private
sector, was formed to review the criteria in detail. Approximately 50 hours
were spent refining the criteria and ensuring that the objectives were met. A
letter of recommendation from the Review Committee is attached.
The Drainage Board, Natural Resources Advisory Board, and the Planning and Zoning
Board have been part of the process. A11 of the Boards have supported the
adoption of these criteria.
The result is detailed criteria for the control of erosion on construction sites.
These criteria have been incorporated into the existing Storm Drainage Design
Criteria and Construction Standards through revisions to existing sections. In
addition, an Erosion Control Reference Manual has been prepared as an aide to
the user in understanding the background of the erosion control criteria.
Not all sources of erosion are covered by these criteria, but the major
contributor, construction site erosion, is addressed. The criteria do not cover:
Streambank erosion. This is currently being prepared by the
Utility.
Sites that are disturbed but are not being developed under the City's
review process.
Agricultural lands.
The activities of CSU.
The criteria are tied to Fort Collins' climate and soils. They are tied to the
City's review, approval, and inspection processes. The proposed methods to
control erosion are simple, using readily available construction materials and
methodologies.
Using erosion control measures will add costs to a project. However, due to the
low -tech nature of the proposed methods, the cost increase is believed to be
reasonable.
ill
March 5, 1991 '
The City is not "leading the pack" by implementing erosion control criteria.
We surveyed 25 Front Range communities and 13 have erosion control criteria in
place. Of the remaining 12, 3 communities are preparing criteria, 2 have
guidelines, and the remaining 7 communities have no erosion control program.
These criteria are new to both the proposed users as well as the administrators.
Staff will need to be flexible and open to suggestions as the criteria are
implemented. The criteria will be reevaluated after one year of use and revised
as necessary.
A summary of the criteria is attached."
Susan Hayes Civil Engineer II and Project Manager for Erosion Control Criteria
gave a brief presentation on this item.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 91-44.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-43 Setting Forth a '
Process Leading to a Determination Regarding
Properties in Downtown Fort Collins. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Glacier Park, a holding company for the Burlington -Northern Railroad, owns
several parcels of property in downtown Fort Collins that may fit into the City's
downtown plan. The properties which surround Mason Street north of Mountain
Avenue to Lee Martinez Park have been identified for a variety of purposes in
long range conceptual plans. Currently, the City leases parts of this property
for parking and storage of vehicles for the City Streets Division.
When discussing this matter with individual Councilmembers, it was suggested
that a resolution be brought forth identifying a work group to evaluate the
purchase of the properties and make a recommendation to Council as to which
parcels of property, if any, the City should purchase.
The attached action program elaborates further on the steps and processes
outlined in the resolution."
City Manager Steve Burkett gave a brief summary on this item.
112 1
tMarch 5, 1991
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Resolution 91-43 as amended, inserting the names of Councilmember Horak and
Councilmember Edwards.
Bruce Lockhart, 2500 E. Harmony Road, opposed the Resolution stating he did not
feel the committee would objectively represent the citizens of Fort Collins.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Horak inquired as to the status of the CFC Ordinance and questioned
what was being done to enforce it.
City Manager Steve Burkett stated the program had been implemented regarding
educational issues and spoke of the enforcement program. He noted Council would
be receiving a written report regarding the progress of the implementation and
enforcement.
Councilmember Horak requested information regarding the National Heritage
Corridor and questioned if there were plans to ask Council to consider a
resolution supporting the general idea of the corridor and what would be done.
City Manager Steve Burkett stated there would be further discussion at the March
26th Worksession and at that time proposed draft legislation would be available.
Adjournment
The meeting adjourned at 9:05 p.m.
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