HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/15/2003 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
July 15, 2003
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming August 5, 2003, as "Neighborhood Night Out".
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
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6. CONSENT CALENDAR
The Consent Calendar consists of Item Numbers 7 through 19. 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 #26, 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.
Z.
CONSENT CALENDAR
7. Postponement of Items Relating to the Peterson Annexation to August 19 2003
A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property
Known as the Peterson Annexation to the City of Fort Collins, to August 19, 2003.
B. Postponement of Second Reading of Ordinance No.052,2003,Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Peterson Annexation, to August 19, 2003.
On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the
Structure Plan for the property known as the Peterson Annexation, and Council also
unanimously adopted Resolution 2003-042,setting forth findings of fact and determinations
regarding the Peterson Annexation.
This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a
half mile east of 1-25 and south of Vine Drive. This requested zone district is Urban Estate.
A Structure Plan amendment is also requested to change the designation of the property from
Rural Open Lands/Stream Corridor to Urban Estate.
Staff is requesting postponement of Ordinance No.051,2003 and Ordinance No.052,2003,
to August 19, to allow Latimer County to complete its final plat review before annexation.
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8. Postponement of Items Relating to the Streamside Annexation to August 19, 2003.
A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property
Known as the Streamside Annexation to the City of Fort Collins,to August 19,2003.
B. Postponement of Second Reading of Ordinance No.054,2003,Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Streamside Annexation, to August 19, 2003.
On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the
Structure Plan for the property known as the Streamside Annexation, and Council also
unanimously adopted Resolution 2003-044,setting forth findings of fact and determinations
regarding the Streamside Annexation.
This is a request for a 100%voluntary annexation of approximately 73.67 acres,located just
over half a mile east of I-25 and south of Vine Drive. This requested zone district is Urban
Estate. A Structure Plan amendment is also requested to change the designation of the
property from Rural Open Lands/Stream Corridor to Urban Estate.
Staff is requesting postponement of Ordinance No.053,2003 and Ordinance No.054,2003,
to August 19, to allow Larimer County to complete its final plat review before annexation.
9. Postponement of Second Reading of Ordinance No. 094, 2003 Authorizing the Transfer of
Appropriated Amounts to be Used to Construct Interim Roadway Improvements on County
Road 11 and Douglas Road. to July 22, 2003.
Due to a publication error, staff is requesting postponement of the Second Reading of
Ordinance No. 094, 2003. This Ordinance will be considered at an adjourned meeting on
July 22, 2003.
This Ordinance,which was unanimously adopted on First Reading on July 1,2003,transfers
existing appropriations from the Lemay Avenue Project into the North East Area Overlay
Project,Phase 2 to construct interim roadway improvements on County Road 11 and Douglas
Road.
10. Postponement of Second Reading of Ordinance No 095 2003 Authorizing the
Appropriation of Funds for Expenditures for Capital Improvements and Operating Expenses
at the Fort Collins-Loveland Airport. to July 22, 2003.
Due to a publication error, staff is requesting postponement of the Second Reading of
Ordinance No. 095, 2003. This Ordinance will be considered at an adjourned meeting on
July 22, 2003.
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The Airport's budget for 2003 did not include any carry-over capital projects or new capital
projects due to the change in management at the Airport. This Ordinance, which was
unanimously adopted on First Reading on July 1, 2003, appropriates funds for capital
improvements and operating expenses at the Fort Collins-Loveland Airport.
11. Postponement of Items Relating to the Swift Addition to Fossil Lake P.U.D. Annexation to
July 22, 2003.
A. Postponement of Second Reading of Ordinance No. 096, 2003, Annexing Property
Known as Swift Addition to Fossil Lake P.U.D. Annexation to the City of Fort
Collins, to July 22, 2003.
B. Postponement of Second Reading of Ordinance No.097,2003,Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Swift Addition to Fossil Lake P.U.D. Annexation, to July 22, 2003.
Due to a publication error, staff is requesting postponement of the Second Reading of
Ordinance No. 096, 2003 and Ordinance No. 097, 2003. These Ordinances will be
considered at an adjourned meeting on July 22, 2003.
On July 1,2003,Council unanimously adopted Resolution 2003-080 Setting Forth Findings
of Fact and Determinations Regarding the Swift Addition to Fossil Lake P.U.D.Annexation.
On July 1,2003,Council also unanimously adopted Ordinance No.096,2003 and Ordinance
No. 097, 2003, annexing and zoning approximately 55 acres of privately owned property
known as the Fossil Lake P.U.D.—Swift Addition,which is a County-approved development
in the Fossil Creek Reservoir Planning Area. The recommended zoning is a combination of
the LMN — Low-Density Mixed Use Neighborhood Zoning District, and the UE — Urban
Estate Zoning District.
12. Postponement of Second Reading of Ordinance No 098 2003 Authorizing the Transfer of
a 151-acre Portion of the Resource Recovery Farm from the Wastewater Utility to the
Natural Areas Program in Exchange for a Total Payment Amount of$1 890 306 to July 22
2003.
In 2000,the City of Fort Collins Natural Areas program purchased 174-acres of the RR Farm
along with 3.6 shares of the Lake Canal water for the Running Deer Natural Area. In
discussion at the City Council study session regarding the draft I-25 Corridor Plan on August
27, 2002, there was general support for the City's Natural Areas program to purchase the
151-acre portion of the RR Farm from Utilities. This 151-acre transfer to the Natural Areas
program would include the 2.4 shares of Lake Canal water associated with this portion of the
RR Farm. This Ordinance, which was unanimously adopted on First Reading on July 1,
2003,authorizes the transfer of a 151-acre portion of the Resource Recovery Farm from the
Wastewater Utility to the Natural Areas Program.
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13. First Reading of Ordinance No.099,2003,Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband
used in or gained from criminal activity. The intent is to deter crime and to have criminals
help defray the costs of policing.
State statutes specify that the proceeds from such seizures are to be used for law enforcement
purposes, and require that the governing body (City Council) of the seizing agency(Police
Services)appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and
United States Supreme Court have consistently upheld the constitutionality of these statutes.
14. First Reading of Ordinance No. 100, 2003, Designating the Giddings House, 704 West
Mountain Avenue,Fort Collins.Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the City Code.
The owners of the property,Kevin Mabry and Kathlene Waller,are initiating this request for
Fort Collins Landmark designation for the Giddings House. Due to the residence's excellent
physical integrity, and high degree of architectural and historical significance, it may be
regarded as individually eligible for landmark designation under City of Fort Collins
Landmark Preservation Standards(A)-Association with events that have made a significant
contribution to the broad patterns of history; (B) — Association with the lives of persons
significant in our past; and (C) - Embodies the distinctive characteristics of a type, period,
or method of construction. The property contains a historic residence, and a carriage house
which was converted to a dwelling in the 1970s. The carriage house is not a part of these
designation proceedings.
15. First Reading of Ordinance No. 101, 2003, Amending Section 1409 of the Fort Collins
Traffic Code Relating to Compulsory Insurance.
The Colorado General Assembly, in Senate Bill 03-239, amended the State law pertaining
to compulsory insurance by repealing and reenacting in a new section. Current citations to
Colorado Revised Statutes contained in the FCTC are therefore no longer correct and need
to be updated consistent with the State statutes. There are no substantive changes to the
compulsory insurance section of the Fort Collins Traffic Code by this amendment.
16. First Readin¢of Ordinance No. 102,2003,Calling a Special Municipal Election to Be Held
in Conjunction with the November 4, 2003 Larimer County Coordinated Election.
This Ordinance calls a Special Municipal Election to be held in conjunction with the
November 4,2003 Latimer County Coordinated Election, and preserves the opportunity for
Council to place initiated or referred issues on the November ballot.
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17. Resolution 2003-084 Makin Findings indings of Fact and Conclusions Regarding the Appeal of a
Decision of the Administrative Hearing Officer Relating to the Bella Vista Project
Development Plan.
On May 7, 2003, an appeal of the April 24, 2003 decision of the Administrative Hearing
Officer to approve the Bella Vista Project Development Plan was filed by the Appellants
Paul Thomas Kitze,Jeff Emmel,David and Cindy Leary,Shawki Ibrahim,Lynn Carlisle,and
Philip and Dorothy White.
On July 1,2003,the City Council voted to uphold the decision of the Administrative Hearing
Officer. In order to complete the record regarding this appeal, Council should adopt a
resolution making findings of fact and finalizing its decision on the appeal.
18. Resolution 2003-085 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements.
The guidelines for the Cultural Development & Programming and Tourism Programming
accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for
grants from these accounts to fund community events. Tier#1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier#1 each April. Tier
#2 allows organizations that are not eligible for Tier#1 support to apply for funding of events
that are not fund-raising in nature and do not generate more than $5,000 in proceeds after
expenses. Tier#3 allows organizations that are not eligible for Tier#1 support to apply for
funding of events that generate more than $5,000 in proceeds after expenses and are fund-
raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each
January and June.
19. Routine Easements
A. Deeds of easement from 22 West Mulberry Street property owners, to provide
sufficient right-of-way for necessary curb, gutter and sidewalk improvements.
Monetary consideration: $700.
***END CONSENT***
20. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
21. Staff Reports.
Status Report on Council Requests.
22. Councilmember Reports.
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
23. Items Relating to Harmony Corridor Plan. (1 Hour)
A. Resolution 2003-086 Amending the Harmony Corridor Plan (an Element of the
Comprehensive Plan of the City) to Allow for the Potential Development of a
Lifestyle Shopping Center in the Harmony Corridor.
B. First Reading of Ordinance No. 103, 2003, Amending the Harmony Corridor
Standards and Guidelines to Regulate and Guide the Development of a Lifestyle
Shopping Center in the Harmony Corridor.
C. First Reading of Ordinance No. 104, 2003,Amending the Land Use Code to Allow
for the Potential Development of a Lifestyle Shopping Center in the Harmony
Corridor.
The City has initiated certain amendments to the Harmony Corridor Plan to allow a Lifestyle
Shopping Center on the vacant property adjacent to the LSI Logic facility at the northwest
corner of Harmony Road and Ziegler Road. The property is currently designated in the
Harmony Corridor Plan forBasic Industrial and Non-Retail Employment uses. Theproposed
amendment would permit on the property,in addition to the current list of employment land
uses, a Lifestyle Shopping Center.
In addition, certain amendments are proposed to the Harmony Corridor Standards and
Guidelines, which implement the Plan,including adding new definitions, along with a few
additional design standards and guidelines that establish uses, size and character.
24. Items Relating to the Fluoridation of the City's Drinking Water (Option A and Option B).
(Beginning at approximately 8:00 p.m.)
Option A:
Resolution 2003-087 Accepting the Report of the Fort Collins Fluoride Technical Study
Group (April 2003) and Affirming the City's Present Practice of Water Fluoridation.
Option B:
First Reading of Ordinance No. 105,2003, Amending Section 26-50 of the City Code so as
to Cease Fluoridation of the City's Water Supply.
At the May 27, 2003 City Council study session,information on fluoridation was provided
by the Fluoride Technical Study Group (FTSG), the Fort Collins Water Board, the Health
District of Northern Latimer County and the Latimer County Board of Health.
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As a result of the information provided to Council and the subsequent discussion at the
meeting, a majority of Councilmembers expressed an interest in:
1. Continuing, in general, the practice of water fluoridation; and
2. Having the staff research the possibility of reducing the amount of fluoride added to
the water. (Note: This research was completed and it was determined that there is
insufficient justification to lower the level of fluoride below 0.9 parts per million.
The present level is 1.0 parts per million.)
Since the time of the meeting,the Council express an interest in taking formal action on the
issue of fluoridation with the consideration of the options listed above.
25. Resolution 2003-088 Making an Appointment to the Natural Resources Advisory Board. (10
minutes)
A vacancy exists on the Natural Resources Advisory Board due to the resignation of Steve
Ryder. Councilmember Hamrick and Mayor Martinez reviewed the applications on file and
did not reach an agreement for the vacancy. The Council interview team wishes to submit
two names for Council's consideration for that position.
26. Pulled Consent Items.
27. Other Business.
Motion to cancel the meeting of August 5 for the Neighborhood Night Out Celebration.
28. Adjournment.
This meeting needs to be adjourned to 6:00 p.m. on Tuesday, July 22, 2003, so that Council
may consider five Ordinances on Second Reading that were unanimously adopted on First
Reading on July 1, 2003.
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