HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/05/1999 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
January 5, 1999
Proclamations and Presentations
5:30 p.m
A. Proclamation Proclaiming January 5, 1999 as "Larimer County Partners Day".
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE.
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during
Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 25. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #33, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
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CONSENT CALENDAR
7. Second Reading of Ordinance No. 233, 1998, Adding a New Division 2 to Article V of
Chanter 2 of the City Code Relating to Councilmember Compensation
Ordinance No. 233, 1998,which was unanimously adopted on First Reading on December
15, 1998, amends the City Code by adding a new Division 2 to Article V of Chapter setting
the 1999 compensation of Councilmembers at$515 and the compensation of the Mayor at
$770.
8. Second Reading of Ordinance No. 234, 1998, Amending the City Code Pertainingto o the
Procedure for Hearing Appeals to the City Council.
Ordinance No. 234, 1998 was unanimously adopted on First Reading on December 15, 1998
and amends the Appeals Procedure by repealing the prohibition against actions being taken
until all appeal rights are exhausted and replacing that prohibition with a statement that such
actions are permissible but,if taken,shall be totally at the risk of the person taking the action.
The Ordinance also reconciles conflicting provisions regarding the time period in which an
appellant may file an amended notice of appeal and adjusts other time-sensitive provisions
accordingly.
9. Items Relatiniz to the Arapaho Bend 1 st Annexation.
A. Second Reading of Ordinance No. 236, 1998, Annexing Property Known as the
Arapaho Bend 1 st Annexation.
B. Second Reading of Ordinance No.237, 1998,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property included in the
Arapaho Bend Ist Annexation.
On December 15, 1998, Council unanimously adopted Resolution 98-163 Setting Forth
Findings of Fact and Determinations Regarding the Arapaho Bend 1 st Annexation.
On December 15, 1998, Council also unanimously adopted Ordinance No. 236, 1998 and
Ordinance 237, 1998,which annex and zone approximately 41 acres. The property is located
north of East Harmony Road, south of East Horsetooth Road, west of County Road 7 and
east of County Road 9. The site is currently zoned Latimer County FAI-Farming, and the
proposed zone district is POL-Public Open Lands.
APPLICANT: City of Fort Collins
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OWNERS: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
Larimer County (roads only)
County Board of Commissioners
P.O. Box 1190
Fort Collins, Colorado 80522-1190
10. Items Relating to the Arapaho Bend 2nd Annexation.
A. Second Reading of Ordinance No. 238, 1998, Annexing Property Known as the
Arapaho Bend 2nd Annexation.
B. Second Reading of Ordinance No.239, 1998,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property included in the
Arapaho Bend 2nd Annexation.
On December 15, 1998, Council unanimously adopted Resolution 98-164 Setting Forth
Findings of Fact and Determinations Regarding the Arapaho Bend 2nd Annexation.
On December 15, 1998, Council also unanimously adopted Ordinance No. 238, 1998 and
Ordinance 239, 1998, which annex and zone approximately 215 acres. The property is
located north of East Harmony Road, south of East Horsetooth Road,west of I-25 and east
of County Road 9. The site is currently zoned Larimer County C-Commercial and I-
Industrial, and the proposed zone district is POL-Public Open Lands.
APPLICANT: City of Fort Collins
OWNERS: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
Larimer County (roads only)
County Board of Commissioners
P.O. Box 1190
Fort Collins, Colorado 80522-1190
11. Items Relating to the Cottonwood Hollow Annexation
A. Second Reading of Ordinance No. 240, 1998, Annexing Property Known as the
Cottonwood Hollow Annexation.
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B. Second Reading of Ordinance No.241, 1998,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property included in the
Cottonwood Hollow Annexation.
On December 15, 1998, Council unanimously adopted Resolution 98-165 Setting Forth
Findings of Fact and Determinations Regarding the Cottonwood Hollow Annexation.
On December 15, 1998 Council also unanimously adopted Ordinance No. 240, 1998 and
Ordinance No. 241, 1998,which annex and zone approximately 93.3 acre in size, located
on the south side of East Prospect Road,north of East Drake Road,west of Interstate 25 and
east of Sharp Point Drive. The site consists of two parcels which are vacant. The
recommended zoning is POL, Public Open Lands.
APPLICANT:City of Fort Collins
OWNERS: City of Fort Collins
P. O. Box 580
Fort Collins, CO 80522
Larimer County (roads only)
Board of County Commissioners
P.O. Box 1190
Fort Collins, Colorado 80522-1190
12. Items Relating to the Pineridge 3rd Annexation.
A. Second Reading of Ordinance No. 242, 1998, Annexing Property Known as the
Pineridge 3rd Annexation.
B. Second Reading of Ordinance No.243, 1998,Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property included in the
Pineridge 3rd Annexation.
On December 15, 1998, Council unanimously adopted Resolution 98-166 Setting Forth
Findings of Fact and Determinations Regarding the Pineridge 3rd Annexation.
On December 15, 1998, Council also unanimously adopted Ordinance No. 242, 1998 and
Ordinance No. 243, 1998, which annex and zone approximately 102 acres located on the
west side of South Overland Trail and south of County Road 42C. The recommended zoning
is POL, Public Open Lands.
APPLICANT: City of Fort Collins
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OWNERS: City of Fort Collins
P.O. Box 580
Fort Collins, Colorado 80522-0580
Platte River Power Authority
2000 East Horsetooth Road
Fort Collins, Colorado 80525-5721
13. Second Reading of Ordinance No.244, 1998,Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning.Classification for that Certain Property Known as the Spring
Creek Farm Rezoning.
This property was annexed into the City of Fort Collins as part of the Timberline Annexation
on November 4, 1997. The applicant, Jim Sell Design, on behalf of Spring Creek Farms,
LLC, filed a rezone petition with the City on October 9, 1998. Ordinance No. 245, 1998,
which was unanimously adopted on First Reading on December 15, 1998, approves the
applicants request for rezoning from T-Transitional to NC- Neighborhood Commercial,
MMN-Medium Density Mixed Use Neighborhood and LMN-Low Density Mixed Use
Neighborhood.
APPLICANT: Jim Sell Design, Inc.
153 West Mountain Avenue
Fort Collins, CO 80525
OWNER: Spring Creek Farms, LLC
3432 Carlton Avenue
Fort Collins, CO 80525
14. Second Reading of Ordinance No. 245, 1998, Authorizing the Grant of a Non-exclusive
Easement to Larimer County for the Relocation of a Drainage Channel
Ordinance No. 245, 1998,was unanimously adopted on First Reading December 15, 1998
and authorizes the City of Fort Collins Utilities to grant a non-exclusive easement to
Larimer County to accommodate the relocation of the drainage channel that runs through the
Water Treatment Facility located on LaPorte Avenue.
15. Second Reading of Ordinance No. 246, 1998, Authorizing the Grant of a Non-exclusive
Easement to Platte River Power Authority for the Relocation of a Water Line
Ordinance No. 246, 1998, was unanimously adopted on First Reading on December 15,
1998, and authorizes the City of Fort Collins Utilities to grant a non-exclusive easement to
Platte River Power Authority to accommodate the relocation of the raw water line that runs
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through the Water Treatment Facility located on LaPorte Avenue. PRPA will be
concurrently vacating the existing easement.
16. First Reading of Ordinance No. 1 1999 Appropriating Unanticipated Revenue in the
General Fund for Facade Restorations of 210-218 Walnut Street and 251 Linden Street
This is a request to appropriate unanticipated revenue in the amount of$296,700 for the
restorations of 210-218 Walnut Street(Silver Grill Buildings)and 251 Linden Street(north
half of the Robertson/Haynes Block) in the Old Town Fort Collins Historic District.
The City of Fort Collins was awarded a State Historical Fund grant in 1998 by the Colorado
Historical Society. The purpose of the grant is to restore the streetfront facades and
structurally stabilize the historic Silver Grill buildings and north half of the
Robertson/Haynes Block in Fort Collins.
State Historical Fund grants are available to private entities if a public entity will be the
applicant for their project. This project will have a significant impact on the historical
character and economic viability of the "Old Town Fort Collins Historic District."
Therefore,the City agreed to be the applicant,and the building owners,John Arnolfo (210-
218 Walnut) and Mr. and Mrs. Douglas Gennetten (251 Linden), were the co-applicants.
17. First Readine of Ordinance No. 2, 1999, Appropriating Prior Year Reserves in the Street
Oversizine Fund and Authorizing the Transfer of Appropriations from the Street Oversizing
Fund to the Capital Projects Fund for the Drake Road Improvement Project
Arterial street improvements are planned for Drake Road from Shields Street to Research
Boulevard. These improvements include planted medians, detached sidewalks,bike lanes,
right turn lanes, storm sewer improvements, and roadway and traffic signal improvements
at two intersections. The project is predominantly funded by the Street Oversizing Program,
but includes a Development portion contributed in the form of a Contribution in Aid, as a
well as Pavement Management Program portion. Staff is requesting funds to be appropriated
from the Street Oversizing Fund prior year reserves and authorized for transfer, along with
existing appropriations,to the Capital Projects Fund for the purpose of starting these arterial
road improvements in the spring of 1999. Staff believes this project needs to start in the
Spring in order to avoid severe traffic delays and congestion in the area. Also, arterial
improvements on Drake Road from Shields Street to Research Boulevard are also necessary
in 1999 to keep construction impacts on City residents to a minimum.
18. First Readina of Ordinance No. 3, 1999 Appropriating Unanticipated Revenue in the
General Fund for the Police Services Victim Services Team.
The Fort Collins Police Services Victim Services Team has been awarded a one-year grant
for the period of January 1 to December 31, 1999 by the Eighth Judicial Victims and Law
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Enforcement (V.A.L.E.) Board to help fund additional growth for this team. A previous
V.A.L.E. grant in the same amount was received for calendar year 1998.
The Victim Services Team provides crisis intervention, resource and referral services to
victims of violent crime, as well as in other traumatic situations. Information must be
provided to victims under Colorado State Statutes. The Victim Services Team currently
utilizes a staff of one paid Victim Services Coordinator, and a team of 16-25 volunteer
advocates. Because of the growth of the program and the need to ensure consistent and
quality services to the citizens of Fort Collins, the addition of a part-time paid victim
advocate is needed.
19. First Reading of Ordinance No.4. 1999 Appropriating Unanticipated Revenue in the Flood
Mitigation Fund-Project Impact Grant.
The City has received approval from the Federal Emergency Management Agency(FEMA)
for a grant funded under the Omnibus Consolidated Appropriations Act of 1997 which
authorized the Disaster Resistant Community Initiative. The City's Office of Emergency
Management,Utilities,and the Poudre Fire Authority will be involved in the implementation
of the Initiative in Fort Collins.
The Fort Collins area is subject to potential riverine flooding,flash flooding,sheet flooding,
hail,severe summer and winter storms,gale force winds,tornadoes,urban wildland fires,and
dam breaks. The heavy rainfall that caused the Flood of 1997 resulted in 5 deaths, 160
injuries,and over$500 million in losses to individuals,businesses,and institutions. The loss
of life and property impacted the whole community.
20. Items Relating to the Lemay Avenue 3rd Annexation and Zonine
A. Resolution 99-1 Setting Forth Findings of Fact and Determinations Regarding the
Lemay Avenue 3rd Annexation.
B. First Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay
Avenue 3rd Annexation to The City of Fort Collins, Colorado.
C. Resolution 99-2 Amending the City Structure Plan Map.
D. First Reading of Ordinance No. 6, 1999,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay
Avenue 3rd Annexation.
This is an involuntary annexation and zoning of an enclave approximately 2.00 acres in size,
located on the east side of North Lemay Avenue, between East Lincoln Avenue and East
Vine Drive. The property is currently vacant. The proposed zoning for this annexation is
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LMN — Low Density Mixed Use Neighborhood. The property being considered for
annexation has, for a period of not less than three(3)years,been completely surrounded by
property contained within the boundaries of the City of Fort Collins.
APPLICANT:City of Fort Collins
OWNER: Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80524
21. First Reading of Ordinance No. 7, 1999,Authorizing the Conveyance of 645 Square Feet of
Land to Doyle Quin, to Correct An Erroneous Conveyance to the City as Part of its
Timberline Road and Dry Creek Channel Right-of-Way.
In May, 1998,the City acquired a portion of Doyle Duin's property for the construction of
the Dry Creek Channel and the Timberline Road Extension. Recently an error was
discovered in the legal description for the property acquired. The original legal description
resulted in the City taking land located under Mr. Duin's commercial building. The revised
legal description corrects the error and moves the property line out from under the building
and reserves a permanent access easement to the storm drainage channel.
22. First Reading of Ordinance No. 8, 1999, Amending Section 2-93 of the City Code to Add
a New Function of the Air Quality Advisory Board.
Members of the Air Quality Advisory Board discussed the addition of new provision to the
existing list of functions of the Board, as set forth in the City Code, at the Board's October
28, 1998 retreat.
23. Resolution 99-3 Approving an Exemption to the Use of a Competitive Process for Facade
Restorations of 210-218 Walnut Street and 251 Linden Street.
This request is for an exemption to the competitive process for University Designers and
Builders and A-E Design Associates,P.C.,as the contractors for the restorations of 210-218
Walnut Street (Silver Grill Buildings) and 251 Linden Street (north half of the
Robertson/Haynes Block) in the Old Town Fort Collins Historic District.
The City of Fort Collins has been awarded a State Historical Fund grant in 1998 by the
Colorado Historical Society. The purpose of the grant is to restore the street front facades
and structurally stabilize the historic Silver Grill Buildings and north half of the
Robertson/Haynes Block in Fort Collins.
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24. Resolution 99-4 Stating the City's Intent to Not Act as a Reviewing Entity for the Colorado
Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation Projects for
1999.
As a Certified Local Government, Fort Collins has the opportunity each year to choose to
be a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the
next calendar year. The City Council must adopt a resolution stating whether or not it
intends to take on this responsibility each year.
Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax
Credit was instituted,but didn't take on the reviewing entity function for this program until
1995. For the next three years, the Landmark Preservation Commission (LPC) was the
reviewing entity and performed design review on qualifying historic rehabilitation projects
for the Colorado Income Tax Credit. In 1998,the LPC elected to not be the reviewing entity
for that year.
25. Routine Deed.
A. Deed of Dedication from Bartran and Company for stormwater purposes,Tracts"E"
and "F", English Ranch 4th filing. Monetary consideration: $0.
***END CONSENT***
26. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
27. Staff Reports.
28. Councilmember Reports.
Committees that have met since December 15 include:
Health and Safety Committee
ITEMS NEEDING INDIVIDUAL CONSIDERATION
29. Second Reading of Ordinance No.247, 1998,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Poses that Certain Property Known as the Rigden
Farm Zoning.
This property was annexed into the City of Fort Collins as part of the Rigden Farm
Annexation on August 8, 1988. The applicant filed a request for a Structure Plan
Amendment and rezone petition with the City on October 9, 1998. The applicant is
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requesting an initial zoning of LMN - Low Density Mixed Use Neighborhood and RC -
River Corridor(as CSU property, there is no existing zoning). Ordinance No. 247, 1998,
was adopted 6-1, on December 15, 1998.
APPLICANT: The State Board of Agriculture of the State of Colorado
on behalf of Colorado State University
202 Administration Building
Colorado State University
Fort Collins, CO 80523
OWNER: The State Board of Agriculture of the State of Colorado
on behalf of Colorado State University
202 Administration Building
Colorado State University
Fort Collins, CO 80523
30. Public Hearing and First Reading of Ordinance No. 9, 1999, Amending Chanter 9 of the
City Code and Adopting by Reference the 1997 Uniform Fire Code with Amendments
The City of Fort Collins has historically adopted the Uniform Fire Code(UFC) as a model
code for the identification,correction and prevention of fire safety hazards. This model code
is developed and published by the International Fire Code Institute (IFCI) on three-year
cycles. Currently,the City is administering the 1991 Edition. Poudre Fire Authority,along
with the Fort Collins Building Department and the Larimer County Building Department,
agreed in 1994 to skip one code cycle adoption. The purpose of this agreement was an effort
to provide the community access to congruent model code documents.The Uniform Building
Code and the Uniform Fire Code are companion codes; it is paramount that the three
government entities use congruent codes.
31. Resolution 99-5 Making Findings of Fact Regarding Conducting a Special Review Hearing
to Determine Whether the Mulberry-Lemav Crossing Preliminary P.U.D. Application was
Properly Processed under the Land Development Guidance System Pursuant to the
Provisions of Ordinance No. 161, 1996.
On December 15, 1998, as a prelude to considering the appeal by the developer of the
Planning and Zoning Board's decision to deny the Mulberry-Lemav Crossing Preliminary
P.U.D., the City Council conducted a Special Review Hearing to determine whether the
Preliminary P.U.D. was properly processed under the LDGS,pursuant to the provisions of
Ordinance No. 161, 1996,rather than the recently enacted Land Use Code. At the conclusion
of the hearing,by a unanimous vote,the Council determined that the Preliminary P.U.D.was
complete when submitted and that it had been properly processed under the LDGS. The
proposed resolution sets forth findings and confirms this action by the Council. Following
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Following the Special Review Hearing on December 15, 1998, Council then proceeded to
hear the developer's appeal of the Planning and Zoning Board's denial.
32. Resolution 99-6 Makin¢Findings of Fact Regarding the Anneal of the Planning and Zoning
Board Denial of Mulberry-Lemay Crossing Preliminary P.U.D.
The Planning and Zoning Board's decision to deny the Mulberry-Lemay Crossing
Preliminary P.U.D. was appealed by the applicant. The appeal was considered by Council
on December 15, 1998.
At the December 15, 1998 hearing on this matter,Council considered the testimony of City
staff, the appellant, and other parties in interest. After discussion at this hearing, Council
determined that the Board did not fail to properly interpret and apply the provisions of the
City's Land Development Guidance System in denying the P.U.D. The Council specifically
found that the Board did not err in deciding that the P.U.D.failed to satisfy all the applicable
criteria of the L.D.G.S.,particularly All Development Criterion A-2.1 (Vehicular,Pedestrian
and Bicycle Transportation), All Development Criterion A-2.3 (Natural Features), and All
Development Criterion A-2.6 (Pedestrian Circulation).
33. Pulled Consent Items.
34. Other Business.
35. Adjournment.
MEETING OF THE BOARD OF COMMISSIONERS OF THE
FORT COLLINS HOUSING AUTHORITY
36. Call Meeting to Order.
37. Roll Call.
38. Executive Session Authorized
An adjourned meeting ofthe Board of Commissioners of the Fort Collins Housing Authority
on December 22, 1998 was adjourned to this time and date to allow the Board to consider
adjourning into Executive Session or to conduct other such business as may be presented to
the Board.
39. Other Business.
40. Adjournment.
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