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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2006 - ITEMS RELATING TO THE SOUTWEST ENCLAVE ANNEXATION ITEM NUMBER: 28 A-G AGENDA ITEM SUMMARY DATE: September 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Southwest Enclave Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 137, 2006 Annexing Property Known as the Southwest Enclave Annexation. B. First Reading of Ordinance No. 138, 2006, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Phase One of the Southwest Enclave Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 139, 2006, Amending Land Use Code Sections 3.8.7(a)(3)(C) Regarding Amortization of Nonconforming Signs and 3.8.11(b) Regarding Fencing. D. First Reading of Ordinance No. 140,2006,Amending Chapter 26,Article VI,Division 4 of the Code of the City Relating to Rates and Charges for Electric Service. E. First Reading of Ordinance No. 141, 2006, Amending Chapter 26, Article VII, Division 2 of the Code of the City Relating to Stormwater Fees. F. First Reading of Ordinance No. 142, 2006, Amending Chapter 15, Article XI of the Code of the City of Fort Collins Pertaining to Secondhand Dealers and Flea Markets. G. First Reading of Ordinance No. 143, 2006, Amending Section 4-73 of the Code of the City of Fort Collins Relating to the Possession of Wild or Exotic Animals. This is an involuntary annexation and zoning of an enclave area approximately 2.7 square miles (1731 acres) in size, generally bordered on the north by Harmony Road, the south by Trilby Road, South Taft Hill Road on the west and 1/4 mile east of College Avenue to the east (see attached vicinity map). The annexation complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable criteria in the Fort Collins Land Use Code. The area is partially developed and partially undeveloped and in the FA-1 Farming District(Brookwood,Applewood, Scenic Knolls,Ader Estates,the west half of Skyview Acres 1 st September 5, 2006 -2- Item No. 28 A-G Filing, Skyview South 2nd Filing,Fossil Crest,and Wildflower Subdivisions),FA Fanning District (Fairway Estates 3rd Filing, the west 1/2 of Lynn Acres, developed residential portions of Trilby Heights, and Skyview South 1 st), R Residential District(Fossil Creek Meadows), R-2 Residential District(east 1/2 of Lynn Acres), E-1 Estate District(Fairway Estates), M-1 Multi-Family District (Pitner Estates), and C Commercial (Kel Mar Strip, South 13, Skyview 13, and portions of Trilby Heights properties fronting South College Avenue) in Latimer County. BACKGROUND 1. Background The surrounding zoning and land uses as follows: N: HC—Harmony Corridor District; existing retail C—Commercial District; existing retail RL—Low Density Residential District; existing single family residential S: RL—Low Density Residential District; existing single family residential POL—Public Open Lands; City-owned Pelican Marsh and Colina Mariposa Natural Areas LMN—Low Density Mixed Use Residential District; existing single family residential MMN—Medium Density Mixed Use Residential District; existing single family and multi- family residential E: RL— Low Density Residential District; existing single family residential LMN—Low Density Mixed Use Neighborhood; existing single family residential POL—Public Open Lands; City-owned Fossil Creek Community Park, City—owned Prairie Dog Meadow and Two Creek's Natural Areas W: POL— Public Open Lands; City-owned Coyote Ridge and Cathy Fromme Prairie Natural Areas RL—Low Density Residential District; existing single family residential The City of Fort Collins and Larimer County, through an Intergovernmental Agreement (IGA), defined the Fort Collins Growth Management Area(GMA).Over time,the City will annex land area outside the current city limits and within the GMA. The GMA will become developed and urbanized. Under the IGA and adopted City Plan policy, the City has agreed to pursue the annexation of enclaves as they become eligible. Enclave annexations are subject to the requirements of Section 31-12-106 of the Colorado Revised Statutes. When any unincorporated area is entirely surrounded by land within the City's jurisdiction for at least three years, the City may annex the area without the consent of area property owners. Under the State statute, enclave annexations are subject to relatively limited public notice requirements and are exempt from the public hearing requirements applicable to voluntary annexations. The annexation area is located within the Fort Collins Growth Management Area(GMA)except for 40 acres lying within the Wildflower GMA Expansion Area. Staff is recommending that those portions of the enclave located outside the C-Commercial zone district be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non- residential uses in certain geographical areas of the City which may be particularly affected by such September 5, 2006 -3- Item No. 28 A-G signs because of their predominantly residential use and character. A map amendment would be necessary to place this area within the Residential Neighborhood Sign District. 2. State Law—Colorado Revised Statutes (CRS) & the Colorado Constitution A. Colorado Constitution, Article I, Section 30. The annexation meets this Constitutional requirement in that the annexation area is entirely surrounded by properties within the City. B. CRS 31-12-106—Annexation of enclaves: This area is also eligible for annexation according to this state statute, which permits an unincorporated area to be annexed if such area has been entirely contained within the City's jurisdiction for a period of not less than three years. This annexation complies with this standard since the enclave was created upon approval of the Coyote Ridge Annexations more than three years ago(November 30,2001).City Council reviews for enclave annexations are exempt from the provisions of CRS 31-12-104, 31-12-105, 31-12-108, and 31-12-109. C. Phased Annexation Primarily because the resources needed to serve the entire enclave are limited at this point in time, staff believes that it would be in the best interests of the City if the annexation of the enclave were to take effect over a period of several years. This recommendation is reinforced by the fact that certain `outlying" portions of the enclave, especially those adjacent to or near the City's natural areas, are still more rural in character than other portions of the enclave, such as the South College frontage area. Staffs perspective is that the annexation of the South College frontage area (see Attachment 8) should take effect immediately not only because that portion of the enclave is the most urban in its character, but also because: a. it forms the southernmost entrance to the City, which makes it imperative that the City begin to apply its land use standards, including design standards,to the area in order to create an attractive gateway to the City and to promote the economic development of the City; b. it generates significantly more tax revenues than the rest of the Enclave because development in the area is primarily commercial, which means that the revenues from the area will make it more feasible for the City to fund and provide critical services to the area, such as police services; C. it generally has a higher crime rate than the rest of the Enclave, which makes the provision of urban level law enforcement services in the area more time sensitive than in the rest of the Enclave; and d. it requires fewer City-funded amenities such as recreational and cultural facilities because of its non-residential nature. September 5, 2006 -4- Item No. 28 A-G After the annexation map for the South College frontage area has been recorded, City staff will monitor land use development and other changes in the remaining portion of the Enclave, as well as the City's ability to serve those areas. When the City can better afford to provide services to other areas of the enclave and when electric utilities can be logically and sequentially extended to those areas, staff will recommend that the annexation of the rest of the enclave be finalized. Under this approach,the annexation ordinance describes the entire enclave. Because,however,state law provides that annexations do not take effect until the annexation map for the area to be annexed is filed with the County Clerk and Recorder, the annexation maps for the four phases will be recorded over a period of approximately eight years. Thus,the annexation ordinance authorizes and directs the City Manager to immediately record only that portion of the enclave that consists of the South College frontage areas (Phase One). It further authorizes and directs the City Manager to subsequently file annexation maps for the additional portions of the enclave, separately described on Exhibit "C" to the Ordinance, according to the time frame shown on the exhibit. The approximate geographic boundaries and timeline for annexation of phases 2-4 are also depicted in Attachment 9. The Ordinance further authorizes the City Manager to make minor changes in the boundaries of the phases and to seek Council approval to more substantial boundary changes or to change the time frames for finalizing the annexation of subsequent phases under certain circumstances. It also reserves to Council the right to modify the configuration or timing of the phases on its own initiative. 3. Intergovernmental Agreement between Fort Collins and Lorimer County A. IGA Section 8-Annexations: (1) IGA Section 8(A) - It is the City's intent to annex properties within the GMA as expeditiously as possible. (2) IGA Section 8(D)-The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. 4. Land Use Code Standards A. LUC Section 2.12 Annexation ofLand This section of the Land Use Code requires: (1) that the annexation of lands be in accordance with state law, (2) that the Planning and Zoning Board shall hold a hearing on the matter and report a recommendation to the City Council, and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes(CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a recommendation to Council. September 5, 2006 -5- Item No. 28 A-G B. LUC Section 2.9 Amendment to the Zoning Map This section of the Land Use Code provides that any amendment to the Zoning Map involving the zoning of more than 640 acres of land(a legislative zoning)is at the legislative discretion of the City Council. Because the annexation will occur in phases, only Phase One, consisting of the South College frontage area, will be zoned at this time. Under the proposed annexation ordinance, the zoning of the other phases will occur within ninety days after the recording of the map for each phase, following such notice as may be required by law. Despite the fact that no specific criteria for legislative zonings is afforded under the Land Use Code, staff recommends that the City Council consider using the following criteria applicable to quasi- judicial zonings as a basis for the decision regarding the proposed zone districts. It is the City Council's right to utilize these criteria or any other factors for which it finds appropriate when making its decision. The proposed criteria are as follows: That the initial zoning request is: (1) consistent with the City's Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including the subject area. Also, the following additional factors can be considered: (3) whether and the extent to which the proposed zoning is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (4) whether and the extent to which the proposed zoning would result in significantly adverse impacts on the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment (5) whether and the extent to which the proposed zoning would result in a logical and orderly development pattern; The recommended zoning districts for Phase One are Urban Estate(UE), Low Density Residential (RL), Low Density Mixed-Use Neighborhood(LMN),Medium Density Mixed-Use Neighborhood (MMN), and Commercial (C). The City's adopted Structure Plan, a part of City Plan, designates the corresponding portions of the annexation area as Urban Estate, Low Density Residential, Low Density Mixed-Use Neighborhood, Medium Density Mixed-Use Neighborhood, Rural Lands, Commercial,and Open Lands,Parks, Stream Corridors. Portions of the annexation area,aside from the publicly-owned Hazaleus and Cathy Fromme Prairie Natural Areas,are designated"Open Lands, Parks, Stream Corridors", are held under private ownership, and are undevelopable due to their September 5, 2006 -6- Item No. 28 A-G location within FEMA and City-regulated floodways. The proposed eventual zoning pattern for the entire enclave is depicted in Attachment 3. The proposed zone district designations are considered consistent with the Structure Plan designations. 5. Provision of services before and after annexation Infrastructure and municipal services are now being supplied to the annexation area by Larimer County, Poudre and Thompson R24 School Districts, Poudre Fire Authority, Transfort, Fort Collins/Loveland Water District/South Fort Collins Sewer District. Utilities are supplied by U.S. West for telephone, Poudre Valley Rural Electric Authority (PVREA) for electric service, Xcel Energy for gas (and electric service to approximately 100 customers), and independent cable companies for television cable service. Private Homeowner's Associations maintain some of the roads within the annexation area. All present City of Fort Collins municipal services would be provided to the annexation area. A comparison of which agencies carry responsibility for infrastructure and municipal services before and after annexation is noted below: Before Annexation After Annexation Law Enforcement Larimer County Sheriff City of Fort Collins Planning, Engineering & Building Larimer County City of Fort Collins Streets Latimer County Road and City of Fort Collins/ Bridge/private private Stormwater Larimer County City of Fort Collins Parks and Recreation (no existing County parks City of Fort Collins serve the area) Courts Larimer County Latimer County/City General Gov't Admin Larimer County City of Fort Collins Water Fort Collins/Loveland District same Sewer South Fort Collins Sanitation same District or septic Flood Control Latimer County City of Fort Collins Libraries None City of Fort Collins Electric PVREA/*Xcel Energy City of Fort Collins Gas Xcel Energy City of Fort Collins Fire Poudre Fire Authority same Schools Poudre School District(North same of Trilby Road)Thompson R24 South of Trilby Road) Transit Transfort same Animal Control Humane Society same *Xcel Energy provides electric service to approximately 100 customers(roughly 8% of the total) within the annexation area. September 5, 2006 -7- Item No. 28 A-G 6. Impact on the City of Fort Collins and other agencies of change in provision of infrastructure and services Based on direction received from City Council and Planning and Zoning Board through past work sessions, staff has completed an assessment of potential impacts to City infrastructure and services. The assessment has been prepared from existing and available information provided by City departments and other service agencies based on their understanding of personnel, operating and capital expenses. The figures derived are approximate and not intended to be precise or over- prescriptive, but rather as indicators of revenues, service levels and expense. As is noted in the above section, no change will occur in the provision of certain services to residents in the annexation area. With respect to water and sewer service,fire protection,and transit, the same agency will provide the service before and after annexation and therefore,no fiscal impact on the City will occur in these areas. Nor is it expected that the special districts will experience a change in fiscal demands on them. In addition,no impact will occur to school services since schools are provided through the Poudre R-1 School District and Thompson R2-J Districts both before and after annexation. The water and sanitary sewer service will continue to be the responsibility of the Fort Collins/Loveland Water District and South Fort Collins Sanitation District. In the areas of law enforcement;planning,building and engineering; streets; stormwater;parks and recreation and general government administration, annexation would result in the shift in responsibility primarily from Larimer County to the City the Fort Collins. What follows is a discussion of possible impacts of this shift in these areas. Estimates of the possible costs in these areas which could result from annexation,stemming from needed equipment and personnel, and the type and number of employees needed to extend the current level of services to this area are enveloped in the summary of fiscal impacts. These costs were developed from the City's current and historical experience of how costs are related to such factors as the number of existing and projected future dwelling units to be served, amount of existing and future retail and service uses, size of population, lane miles of streets, and acres of parkland. A. Law Enforcement Shifting law enforcement responsibilities from Latimer County to the City is expected to reduce the demand for personnel and equipment on the County and increase the demand on the City. The cost of police services in the City is paid primarily through the General Fund. The mill levy on property provides one source of income to the General Fund. At present,mutual aid is provided between the Latimer County Sheriff s Office(LCSO)and Police Services, particularly with respect to the proposed first annexation phase that includes properties along the South College Avenue frontage. LCSO has provided updated statistics for the Phase I area for 2005. This data indicates a total call load of approximately 1,479 incidents over the course of the year(this an estimate due to the fact that the LCSO response area boundaries do not precisely match the Phase I boundary). These incidents include a wide range of events (a summary list detailed in Attachment 5). Of these incidents, Police Services responded to (took the lead on) the 55 mutual aid responses noted above. Using these 2005 numbers, the additional incidents in the phase I area will result in a 14% increase in call load for Patrol Area 4. September 5, 2006 -8- Item No. 28 A-G The City Council has established a target for providing Police Services at 1.5 Officers per one thousand population(L511000). The Southwest Enclave will have full time resident, employment, and transient populations (delivery drivers, client/customers, etc.). Each of these subgroups comprises the Service Population of the planning area. The Service Population of the Southwest Enclave has several components. The residential part comes from the U.S. Bureau of the Census which identifies 3,127 residing in the Enclave. The remaining component of Service Population is made up of traffic volume unique to the area, business employees, and customers. Based on traffic volumes on South College and the number of businesses in the area,it is estimated that there are, at least, another 2500 new individuals that could demand Police Services throughout the day. There is also a need to estimate the non-sworn or civilian staff needed to support sworn officers.The patrol officer or detective relies on dispatchers, record clerks, and other administrative support personnel to provide service. Currently, there are approximately 0.58 FTE personnel per sworn officer. Based on the forecasted 1 st year annexation cost to provide services, the first year Police Services FTE for the entire Enclave area would call for 12.0 FTE at an estimated cost of$1,668,000. The projected Phase One annexation involving properties fronting College Avenue would require 5.0 FTE, which would cost an estimated $665,513. Police Services anticipates that the additional police patrol necessary to serve the area could be accommodated through reallocation of existing police resources. Initially, Police Services will handle service calls from the Phase I area with existing resources. To deal with the longer term, General Fund revenues from the Phase I area will be used primarily to augment police services provided to the annexed areas in the future. B. Planning, Building and Engineering With annexation, the City will assume responsibility for the review of development proposals, including overall development plans, project development plans, final plans, and subdivisions; variances; stockpiling permits; sign and grading permits; review of building plans, issuance of building permits and building inspections. The amount of activity is expected to be accommodated through existing City staffing,given that the area is largely developed and that there are limitations to future development based on private residential covenants and the fact that much of the area is developed. Most of the planning, engineering and building plan review, permit and inspection activity will most likelybe associated with small-scale residential and commercial land development applications, house additions and remodeling, and property improvements. The City will also assume responsibility for code enforcement, i.e.-handling complaints about zoning, building, grading, sign violations, and nuisances. C. Street Maintenance and Improvements As the annexed area develops or redevelops, developers will be required to construct or upgrade affected streets to the Larimer County Urban Area Street Standards (LCUASS) for safety and maintenance purposes. These standards include street paving installation requirements, and the provision of other public improvements such as curb,gutters and sidewalks, although there will be an opportunity to custom design street-related improvements based on neighborhood desires. September 5, 2006 -9- Item No. 28 A-G With the shift of responsibility from Larimer County to the City of Fort Collins for streets,there will be very slight impact to the City's street maintenance program. Most of the local streets within the annexation area do not conform to the LCUASS for design. The City will provide the same level of service as the County provided prior to annexation. This usually includes minor surface maintenance like cracksealing and the filling of potholes,but does not include asphalt overlays or street reconstruction at the City's expense. In some cases the streets are privately maintained, that is they are the responsibility of a Homeowner's Association, by designation on the plat of the subdivision. In those cases, street maintenance will continue to be the responsibility of the association until the streets are reconstructed to the LCUASS. D. Parks and Recreation The City has made a significant investment in the 100-acre Fossil Creek Park,the City's newest and largest community park, which lies just east of the annexation area. The park has sports fields and playgrounds, as well as trails and passive recreation areas. Park amenities include: • two lighted ball fields • a roller-hockey rink • a dog park • lighted tennis and basketball courts • multi-purpose fields • urban obstacle skateboard park There are no additional parks proposed in the annexation area. In the event that new residential development occurred within the area after annexation,the City would be obligated to provide parks or justify the use of parking fees for the existing parks in the service area (some examples: Fossil Creek Community Park,Ridgeview Park,Miramont Park and future Provincetown Park) The Parks and Recreation Policy Plan (Policy Lb) states that at a minimum, one neighborhood park shall be provided in every square mile section (or portion thereof) of the city that is predominantly residential and be sized and developed according to the population and fees which have been generated in that area. Parkland fees assessed against new residential development after annexation will provide funding for neighborhood parkland acquisition and development. The operation and maintenance of parks will still need to be funded through the General Fund. Given the significant existing residential development within the Enclave, no parkland fees can or will be collected upon annexation. New neighborhood parks will be financed through future residential development fees. Several City-owned Natural Areas are within the Enclave or 114 mile of the annexation boundary, including the Hazaelus, Cathy Fromme Prairie, Colina Mariposa, Redtail Grove, Two Creeks, Prairie Dog Meadow, and Pelican Marsh Natural Areas. September 5, 2006 -10- Item No. 28 A-G E. Library Services The Harmony Branch library is located near the north boundary of the Enclave area. A review of the library patron records indicates that there are 1,137 card holders residing within the annexation area. This is a conservative estimate. Many families use one card to check out materials for their children or their spouses in addition to themselves. Also, a significant number of people use the library for phone or in person reference without getting a card. F. General Government Administration/Personnel With annexation, the number of City employees and the amount of equipment are not expected to measurably increase in order to extend services to the annexation area. This can be attributed to the fact that the annexation area is largely developed at this time. 7. Financial Impact to the City of Fort Collins There currently are 1080 housing units, 108 businesses and an estimated population of 3,127 residents in the Enclave. Revenue sources are primarily various fees(e.g. Street Oversizing,Capital Expansion, Building Permits, Storm Drainage Basic Expansion) and taxes (e.g. Property, Electric, Sales). Provided below are two 15-year scenarios: low growth, and a second scenario that assumes moderate infill and redevelopment, including one large retail development. *Note: All of the projected revenues are based upon 2006 dollars. Proiected revenues (all funds/sources): General Fund revenues: Year 1 $ 1,789,080 Year 1 $ 877,562 Year 15 $ 1,919,576 low growth Year 15 $ 903,842 low growth $ 2,381,583 moderate growth $ 1,365,844 moderate growth Funding needs for City services in the Enclave area vary. Some services,such as Golf,Electric and Stormwater, are directly funded by user fees. Other General Fund departments such as Code Compliance plan to position staff to be able to serve the additional customers using existing resources;no additional funds will be required in the short term. Other services, such as the Library or Lincoln Center, are already used by many Enclave residents and do not trigger additional expenditures. The largest General Fund impact by far is the monies needed for additional Police Services employees. In the short term, staff can be reassigned to extend coverage to the South College/Phase 1 area. However, additional funds will be needed to maintain police staffing at appropriate levels and the City Manager has made this a priority. September 5, 2006 -11- Item No. 28 A-G The following are additional General Fund costs for the entire Enclave area: Police $ 1,668,000 Arterial Streets* 127,725 Collector Streets 80,355 Local Streets 12,070 Year 1 Total $ 1,888,150 * To be improved per Transportation Master Plan regardless of annexation The bottom line is that City revenues generated from the residential portions of the Enclave will not exceed costs necessary to serve them. This is true nationally, and especially true in Colorado with the shift in property tax to commercial property, and the reliance on sales tax to fund city services. A matrix outlining the annexation costs and revenues are outlined in Attachment 7. 8. Public Review Process During the summer of 2004, City staff conducted seven neighborhood meetings to elicit feedback from property owners and residents within the Southwest Enclave. The meetings were well attended, with more than 50 residents at most of the sessions. In conjunction with the neighborhood meetings, a web page was created that provided written summaries of citizen questions and comments and staff responses raised at each neighborhood meeting and, some cases, accompanying Powerpoint presentations. In addition, the web page featured a property tax calculator allowing residents to determine the difference between County and City tax rates. The City Council conducted a work session on February 22, 2005. At that meeting, the majority of Council members expressed support for considering aphased approach to annexation,with emphasis on annexing the properties fronting on S. College Avenue as the first phase. Councilman Kurt Kastein led a facilitated District Meeting discussion with area residents at the Harmony Library on September 27, 2006. During a subsequent work session in November 2005 City Council members affirmed their intent to annex the Southwest Enclave area. However, Council also noted that many of the people living and working in the area continued to have concerns about the effects of the annexation, and that additional input from citizens could help them make decisions as to how to mitigate impacts. As a result, Council members directed staff to spend additional time working with Enclave residents, property owners and business owners in order to better hear citizens' issues, exchange ideas and answer questions. From January through May 2006 a number of outreach efforts took place, including: • Meetings with board members of Citizens Against Forced Annexation (CAFA) • Twelve neighborhood meetings,each targeted at a specific area;invitations extended in the form of a letter from the City Manager sent to property owners and tenants alike September 5, 2006 -12- Item No. 28 A-G Development of user-friendly "FA Qs" containing an swers to the most commonly asked questions; mailed along with invitations to the neighborhood meetings and posted on the internet • Dedicated City web site-http://www.fcgov.com/swa-with a variety of information including maps, information on fees and taxes, and meeting minutes and related follow up from each neighborhood meeting. The meetings were generally well-attended and ranged from simple exchanges of information to highly-charged discussions. Questions were asked and answered and participants were asked to suggest how the City might ease the transition from County to City. A complete set of minutes from all 12 neighborhood meetings are shown in Attachment 10. In addition to formal public meetings,the local news media has provided extensive coverage about the prospective annexation. Articles providing various levels of detail about the annexation issues and process have appeared in the Fort Collins Coloradoan, Fort Collins Weekly, Rocky Mountain Bullhorn, Fort Collins Forum, Loveland Reporter-Herald, and the North Forty News. Local radio and television coverage has also been provided. Throughout the public process, citizens have generally voiced strong opposition to the annexation. Concerns have ranged from direct, increased costs, e.g. - monthly stormwater utility fees and the electric utility service rights fee to a perceived fear that their present way of life will be dramatically altered under City regulations. 9. Public Notice/Second Reading. In addition to the outreach meetings, notice of the proposed annexation has been published as required by law. However, that notice was in the form of an extensive legal description which, at the time of publication, contained some typographical errors. Therefore, staff has republished the notice and included a map of the enclave as well as the final legal description. To allow adequate time for that re-publication, staff is recommending that second reading of the annexation ordinance and related ordinances be scheduled for October 3, 2006. 10. Summary of Proposed Mitigation Measures In order to reduce the financial burden on area property owners and residents and making a smoother transition to the City, the staff is proposing a series of mitigation measures. In some instances, implementation of the measures will require specific amendments to the City Code,Land Use Code, and/or elements added to the annexation resolution or ordinance. • Change the amortization period from 5 years to 7 years for nonconformingpermanent signs located on properties annexed into the City. The City began working with Larimer County about 10 years ago on a project to amend the County sign code so that the County's regulations would conform to the City's regulations, at least for the properties in the urban growth area. However,the County placed the project on hold until last year when consistent sign regulations were finally adopted. Had the Code been amended 10 years ago, the number of potentially nonconforming signs that could be annexed would be substantially less and the economic impact to county property owners might not be as great. September 5, 2006 -13- Item No. 28 A-G Replacement or remodeling of nonconforming signs that are currently in the county can cost thousands of dollars and business owners have noted that this additional cost is especially burdensome when added to other potential costs they might be subjected to. Staff is recommending this Code revision apply city wide and include future annexations. Other regulations that pertain to nonconforming permanent signs will remain. Additionally, it is recommended that no changes be made to the provision that requires"temporary"signs such as portable signs, vehicle-mounted signs, banners, and flashing or animated signs to be removed within 60 days of the date of annexation. • Allow barbed wire fences and electrically charged fences used for livestock and pasture management in UE and RUL zones. Current regulations have not accounted for the types of agricultural uses found in the new Rural Lands zone district. Additionally, new technologies allow safe and practical electrically charged fences that were not possible in the past. This Code change will apply city-wide and allows electrically charged fences as long as they do not exceed a maximum amperage, are used within permanent fencing, and contain signs identifying them as being electrically charged if located along any public right of way. As with other structures considered non-conforming to the City's Land Use Regulations, existing barbed wire fences and electrically charged not meeting the proposed standards would be allowed to continue indefinitely,unless such fences would be removed, relocated or modified. • Use Utility reserve funds to cover all except 5%of the 25%mandated service rights fee for Poudre Valley Rural Electric Authority (PVREA) customers in the Enclave area. As a result, a vast majority of PVREA customers will pay the same or less for City electric service than they do currently under PVREA. Xcel customers will see a 35-40%decline in electric rates. State law mandates that the City pay an additional 25% of each customer's monthly fee to PVREA for a period of 10 years. In the past, the City has chosen to pass this fee along to customers. Enclave residents have voiced strong opposition to this practice,and many small business owners have expressed concern that it will not only harm their business but, in some cases, the 25% coupled with the City's demand rate could cause them to go out of business. By reducing the fee to 5%, PVREA customers in the Southwest Enclave will pay the same or less for City electric service than they do currently under PVREA. These calculations take the value of the PVREA"rebate"into account as well; even factoring this in, PVREA customers will pay the same or less with the City. Excel users, who are not impacted by the service rights fee, will see a 35-40%reduction in rates under City service. The remaining 20%fee would be covered using Utility reserve funds,costing approximately $2.3 million over 10 years. (Absorbing the entire 25% fee would cost$2.9 million over 10 years.) As of December 31, 2005 Light and Power fund reserves totaled $48 million, $8 million of which is non-cash, such as accounts receivable and inventory supplies. September 5, 2006 -14- Item No. 28 A-G This measure would apply only to the Southwest Enclave area. Any future requests of this nature will be considered on a case-by-case basis. • Underground electric utilities at no cost to property owners. The total cost to the City's Electric Utility to underground existing facilities is approximately $9.3 million ($2006 dollars). Projected costs are broken down as follows: $4.5 million—purchase electric system from PVREA and Xcel Energy $2 million—underground electric lines $2.3 million— Service Rights Fee(SRF) 20% subsidy $450k—Equipment replacement ($200k transformers, $50k meters, $200k labor) Costs associated with the electric undergrounding would be covered using a combination of Utility reserve funds and undergrounding funds. The opportunity cost for such undergrounding would be the diversion of funding from other electric capital projects • Phase in monthly stormwater utility fees over a five year period, charging 20%of the total fee the first year, then 40, 60, 80 and 10001o, respectively. Enclave residents do not currently pay utility fees for stormwater. By phasing in the new stormwater fees residents and property owners will be able to factor the cost into their budgets. This replicates the experience of other City residents, who have seen gradual increases in stormwater fees as rates have changed over the years. Once all property owners reach 100%, the total fee collected for stormwater is estimated at $24,100 per month. The estimated stormwater revenue for existing development in the Southwest Enclave at full current rates is $289,000 per year, totaling $8,680,000 over the next 30 years. This compares to $8,100,000 over the next 30 years if the stormwater fees are phased in as recommended, a difference of$580,000. The City-wide Stormwater Master Plan has numerous capital projects in the Fossil Creek Basin. These include improvements at the Union Pacific Railroad and Trilby Road, a detention pond on Lang Gulch at Shields Street,and box culverts on Taft Hill Road,various railroad crossings, Shields Street, Lemay Avenue and others. While some of these improvements are actually in the Enclave area, runoff from the Enclave impacts all the improvements, regardless of location. The Council approved a revised stormwater financing plan in 2004 that extended the completion of the stormwater master plan to about 2034. In 2006,the stormwater fund was asked to pay for a portion of residential street sweeping,extending the estimated master plan completion date to about 2036. In making these long term projections,the staff assumed the City customer base would continue to grow due to new construction and annexations. To the extent the growth in customer base from the proposed annexation of the Southwest Enclave is part of that long range growth projection, the impact of the annexation by itself is difficult to predict. If the implementation of the annexation is phased over a number of September 5, 2006 -75- Item No. 28 A-G years as is being discussed, it is likely that growth projections will not be affected and the impact will be negligible. • Change the licensing requirements for secondhand dealers/flea markets so that the owner of the flea market is the licensed second hand dealer rather than the individual booth operators. The majority of booth operators rent a small space from the property owner or dealer, in some cases a small cubicle, and primarily sell goods that do not fall under the definition of second hand articles subject to the licensing and record keeping requirements of the City ordinance. Booth operators have expressed concern that current licensing requirement could put them out of business, especially in those cases where one booth owner sells merchandise from several locations. A code change would exempt individual booth operators from the license requirements and background checks; however, shop owners would still be required to obtain a license, pay the requisite fee and comply with the reporting and record keeping requirements of the Ordinance and state law. An additional provision requires the licensee to keep an up to date list identifying the name, date of birth and address of each person renting a booth at the business. • Specify record keeping requirements for flea market operators so as not to put an undue burden on individual booth operators, while still addressing and satisfying the intent of the record requirements of identification ofstolen property. Current regulations addressing the sale of second hand property are in many ways intended to prevent people from trafficking in stolen property, and detailed information on the original seller is required on many items. Recommended code changes could differentiate items acquired by a second hand dealer at the premises from those obtained at garage sales or similar events. • Exempt animal shelters and bird rescue and education centers from restrictions on the possession and feeding of wild animals. Current code prohibits the possession and feeding ofwild animals. This change would allow the Latimer County Humane Society (located in the Enclave) and other such entities to continue their services. • Pursue actions to address specific concerns regarding road funding and neighborhood road connections. Some local roads in the area are deteriorating and in the South College commercial area some are failing. Business and property owners want them repaired. Work will need to be done to determine if adjacent property owners are willing to pursue a Special Improvement District to fund the street repairs. Staff can work with property owners to customize the design of the streets. In the future, property owners could also consider whether or not to form an Urban Renewal Authority to help fund infrastructure improvements. September 5, 2006 -16- Item No. 28 A-G Two separate neighborhoods have also asked for assurance about certain streets. Applewood Estates property owners do not want Fossil Creek Drive and Crest Road connected, and Fairway Estates property owners want Palmer Drive to remain blocked to through traffic as it is currently. A similar situation arose during the 2003 South Taft Hill Road 7th Annexation where area residents expressed concern about connecting two existing dead-end sections of Moore Lane. In response, the City Council affirmed within the Annexation Resolution that the City has no present intention of making the street connection. Staff suggests that similar language be included within the Southwest Annexation Resolution expressing the City's intention of not requiring the Fossil Creek Drive/Crest Road and Palmer Drive connections. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the Southwest Enclave Annexation at its July 20,2006 meeting(verbatim meeting minutes are attached). The Board voted unanimously(6-0, Rollins with a conflict-of-interest) to recommend that City Council approve the annexation request and initial zoning as recommended by staff and that residentially-zoned properties be placed in the residential sign district. The Board also made specific recommendations regarding the proposed 8 mitigation measures as proposed by staff. • Stormwater Utility Fee Phasing and Electric Service Rights Fee Subsidy- Recommendation of Denial (3-3, Fries, Meyer and Schmidt opposed) Extension of Sign Amortization to 7 years- Recommendation of Approval (5-1, Lingle opposed) • Remaining 6 Mitigation Measures- Recommendation of Approval (6-0) ATTACHMENTS 1. Annexation Area Vicinity Map 2. Structure Plan Designations 3. Proposed Zoning Designations 4. Subdivision Map 5. Latimer County Sheriff's Office 2005 Police Statistics for Phase I Area 6. Fiscal Impact Matrix 7. South College Frontage Area Map- Phase I Annexation 8. Annexation Phasing Map 9. Annexation Phasing Map with land development potential 10. 2006 Neighborhood Meetings Minutes Summary 11. Answers to Frequently Asked Questions for Residential Areas 12. Answers to Frequently Asked Questions for Businesses and Commercial Areas 13. July 20, 2006 Planning and Zoning Board Verbatim Meeting Minutes Southwest Annexation ATTACHMENT 1 p E DOUGLAS RD p Y Z Q p } Q E COI NTY R AD 52 O LL fr 2 Z LO U- O Q z � H W_ } OU H O z S Q W VIN DR z J z E INE DR ai F LA ORTE E E INCOL AVE z N W M LBER ST E MULBER ST z O ~ z r Z� a \PR SPE T RD a ?� W J ft J O O = W D KE RD E RAKE D p O F � U w N z_ > u) 0 Q m z -' E H RMON RD J Q U) O Q � U w KEC TER RDI J (n N 0 W TRI BY RD E TRII BY RD N Q w O rr CAR ENTER D U) z Z U E OUNTY ROAD 30 N Legend SIN Enclave W+E Ga-or roe cou;ne VIWin City Limits, S ATTACHMENT 2 • Southwest Enclave Annexation Structure Plan Designation July 18'2006 4!NAR U. ONY R 1 ear 1 ! 1 i I i ! iCl r � ° e i 1 E G i • n � s W TRI 1 _ E TRILBY RD E 1 1 1 i , i °e�1 e � i o ; 3 9N 5 1 ECC UNTYR AO 32 n�a�ar��raM�a • Legend Future Land Use dr Wdi—DenzsM"&. 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O�/�y��� y nl. �i.urAf 1 :�r ��� �� ••:•S 111�1/�Illlrmu�n.� •lOIr1 �•� �rxn . � C o. .11111 nun uu"P. �•�+Ti/r il.����iiP•• , •11" �mollLegend ...•......r., Via. .nr...f f L. 1 ATTACHMENT 1 E B g s GST i enAR �, R PKWY O ANY O z 'SRO M� D � `4Kfi/�O PA ILION LN m { Y RD �1 ➢ m N I I w J p FAIRWAY i IR ESTATES r+a L D �BROOKj i 1 WOOD AALF�Tfier av'� � s a O FOSSIL Q CREEK V APPLEWOOD ?! i MEADOWS UT SCENIC 3 MOLLS AREA N I[ .0AY! SKYVIEWIST y MI C 2 SI"EW j w SOUTH 1 & 1 i — + ROSSILCRE i i ISC 1 f VALLEY ob HILL i i CHEEL ACRES YNN ACRES �WLD- MISC 1 D Ar TRILBY HEIGHTS , I LOWE j E ��...J: � 1 O U ate\ � 3 O c 1 m Q- i 2 Oil ,1 P Southwest Enclave Annexation July 18. 2006 • Subdivision Areas ....... City Limits N ATTACHMENT 5 All Incidents in i Kalmar Annexation Area 2005 Call Tvpe Count 9-1-1 Hangup Alarm-- Hold Up 6 Alarm--Panic 5 Alarm to Business(includes Varda alarms) 65 Alcohol Contact 3 Animal Call -- -1 Assault 9 Assist other Agency, Business, Citizen 127_ Bar Check _ 59 Burglary in Progress 1 Child Abuse/Neglect 1 Civil 6 Cold Burglary _ _ 7 Criminal Mischief 18 Directed Patrol Disturbance 13 Drugs/Narcotics Incident z DUI Arrest _ 7 Extra Patrol 364 Fireworks Complaint 1 Follow Up � 57 Found Property 2 Fraud 13 Harassment _ 10 Juvenile Problem 4 Law Test Call _ - 2 Littering 1 Lost Property 2 Motor Vehicle Accident- Hit& Run 1 Motor Vehicle Accident with Injuries 13 Motor Vehicle Accident with No Injuries _ 10 Motor Vehicle Accident with Unknown Injuries 2 Noise Complaint 4 Pedestrian Contact/Subject Stop 17 Private Tow 7 REDDI Report 28 Request:Assist 2 Sex Offense(Child, Sexual.Assault, Indecent Behavior) 4 Suspicious Circumstance/Prowlers 58 Theft 53 Tiaffic Complaint 26 Traffic Stop 438 Transient Contact 1 Trespass 2 Vehicle Theft 5 Vehicle Trespass 3 Warrant Attempt 3 Weapon Related I:Menacing, Person With Gun) - 1 Welfare Check 7 Total 1479 Lori Frank, Crime Analyst Page 1 of ' 7127/06 Search Area Also includes the following locations: College Av/Skyway Dr for Incident Data nw College Av/Skyway Dr I�► "Kelmar Annexation Area" 5811 S. 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CL ma { § D p ia § aE ■ - 2 - _ ■ a � 2 - 20 E2 � co / \ e I,RLk 2 � 2 § $ fit § ■ £ � C wo . � a = slE � ■ � � a ■ - 2afk2 } £ # ) ƒ § � ] : ) < 46 � ■ 0M> © k } § k 2 £ a 82 age � � � ■ $ o ■ 2 \ . E k 0 k � ] E & \ IL U) 2 00 � kk « Lv 0 k ta K � \ IL § \ y Go \ 2 R �■ 401� ) � k 12 k § ) I ■ # % o . _i 2 : . . . . ■ 2 Co 2 § C § $ � 2 ¢# m a � ■ � � % � § V LD � f - � S � k �k k ) $�� . C\ . o . � @ — s ■ e ® E } � § 69 \ § � R k \ \ / . 0 § � _ • E / $ 2 ] k ■ � � « o` 2 f � § f ir 2 .29 � ( 22OWA 2 s , �� 9 � s02 2a § , ■ . o 22 . � Joo � 2aa2w 2 ~ 0B 0 > E � I . . . . , . . . . ■ � � ■ ■ U. $ Southwest Enclave Annexation ATTACHMENT College Avenue Frontage Area r2-- � FflO !R t � T E Tp W HARM % E RARM NYDmCI m MC GR R y j i Y 7• tl N L D I I.Y„;� 'I�WFY LN a pP HFORD N ' ? A "tt ro 1 — assltc r.Dx _ yam .. �� CENIC DR T. M _ 0 N S y ti JOHNS LN tA. E LN 11 WTRILBY RD I' 1 TRILB 0'� DR j Y �.._.._..�.._.._.� T C � m •� C DaAM r� it TURMA GR �OR005 ATTACHMENT Southwest Enclave Annexation Phases 0 w N W HARMONY RD E HARMONY RF Phase 2 2007 f, Phase 3 2010 Phase 3 2010 Phase 4 a 2014 x LL Q Phase 1 2006 N TRILBY RD E TRILBY RD Phase 3 201 w 'a 0 rc i7 z D 7 o U o N E COUNTY ROAD 32 Legend — Major Roads PHASE N — Railroad [=] 1 W�E Parcels r1 2 S 3 4 1 inch equals 1.500 feet ATTACHMENT 9 Southwest Enclave Annexation Phases and Land Use 0 w N N W HARMONY RD E HARMONY ft f m N ................ W TRI V RD E TRILBY w '< o w ¢ r7 z 0 o O U N E COUNTY ROAD 32 Legend — Major Roads ZONING MMN PHASE Nn Railroad _.__. UE LMN 1 WQ�E Parcels RUL C 2 VSJ MIX Vacant Land RL 3 '! Parcels of Change POL 4 1 inch equals 1,500 feet ATTACHMENT10 MEMORANDUM Date: May 30, 2006 To: Mayor and City Council Members From: Darin Atteberry, City Manager Re: Southwest Annexation Neighborhood Meeting Minutes Since February 2006, 12 neighborhood meetings have been held for residents and property and business owners in the southwest enclave area. Each property and property owner was mailed an invitation to that neighborhood's meeting along with a multiple- page "Frequently Asked Questions" handout. Participation in the meetings varied from as many as 50 to as few as 5 people. Six or more City staff members and representatives from CAFA(Citizens Against Forced Annexation)also attended each meeting. Attached are the minutes from the 12 meetings. They include a variety of feedback from the participants and suggestions for mitigating the impacts of the annexation. Council will again discuss the Southwest Annexation at the June 27, 2006 work session and at that time we will bring a summary of recommendations for Council consideration. CC: CAFA Board City Staff Team Southwest Enclave Outreach Meeting Minutes February—May 2006 BUSINESS MEETINGS South 13 Business Outreach Meeting February 27,2006, 5-6:30 p.m. Western Trades Main concerns of attendees: Streets Why the annexation is happening Costs/fee changes Stormwater Streets Q: What do the plans for widening South College Avenue/Highway 287 look like? A: South College Avenue (US287)will need to be widened in the future to be a six lane street. The widening of South College will be done by the City and/or the Colorado Department of Transportation(CDOT) in the future as traffic increases and when funding becomes available. It is likely to be many years before either CDOT or the City has funding to widen US287. The future design of US287 will be done according to the South College Avenue (US 287)Access Control Plan which is an intergovernmental plan developed and adopted by the City of Fort Collins, Latimer County, and the Colorado Department of Transportation. This plan reflects CDOT's determination that 287 needs to be expanded to six lanes, including all the associated elements—a median, bike lanes, etc. This reflects the standards for a"street"as defined by Fort Collins, Loveland, Larimer County and CDOT. Q: A six-lane highway will extend into the current frontage road,thereby negatively affecting our business access. How does the City plan to account for that? A: The Plan does call for moving or reconfiguring the current frontage road system. Generally speaking,the new highway configuration will allow for rear access to the businesses along 287. This is not a short-term project. It will take many years to implement, and all of the agencies involved will work with local businesses to determine appropriate reconfigurations. The Access Control Plan is not tied to the annexation. Q: Stuckey Street and Bueno Drive are way out of City code. If we are told the streets must comply with water runoff restrictions, and if that compliance will involve major construction, who will pay for that? A: The stormwater department works with the engineering and streets departments to install gutters, etc.,through minor capital programs to deal with runoff. If there was a major overhaul of the street, it's handled the same way within the City as in the County. Filling potholes and sealing cracks are routine City services provided at no direct expense to the adjacent property owners. If, however,there is a major project, the City will create a Special Improvement District(SID). The property owners will pay for the improvement through the SID tax. Q: Will the City require that we upgrade Smokey and Bueno? A: These streets are not going to last much longer in their current condition. They will likely need to be repaired, but the design of the street can be customized among the adjacent property owners—not every street needs to have gutters, curbs, etc. Q: In my experience with the City,there will be no flexibility or customized design— these streets will be required to meet all City standards. F_ A: We want to discuss these concerns with you and work on developing flexible options. We do have some street standards on the books that do not call for curbs or gutters. Some of the standards are less flexible than others, but we will work with you. In addition, SIDS are generally property-owner initiated. "Once all of you are tired of driving on the street,"then you can let the City know and vote to create an SID. The City is unlikely to come out and mandate any upgrades. There is a precedent for working with property owners—that flexibility is intentionally written into City code. If we want to change City code to allow for increased flexibility regarding some of these issues you are concerned about that will generally be done at the time of annexation. Q: Can the property-owners down the street, who are already in the City, request that this street be improved? A: They can request it, but it still requires that the adjacent property-owners vote to create an SID. Q: If minor maintenance is maintained by the City—who decides what constitutes "minor" maintenance? A: That is determined by the Streets Department. They will try to stretch the longest life possible out of a street by filling potholes and sealing cracks. Each street will be evaluated individually to determine any repairs needed. Q: Smokey and Bueno are dedicated to the County, but the County won't accept them in their current condition. Are they considered County-owned streets or privately- owned streets, and how will that distinction affect the requirements? A: This could prove to be an unusual situation if the streets are not private and are also not accepted by the County. City staff members are researching the original and amended plats of this subdivision in order to determine who currently owns Smokey and Bueno. In order to have the City take over maintenance in perpetuity,the street must have a City right of way and improved to the City standards. Q: We know we need to do something about these streets. Could we hire our own subcontractors to do the work if they are in fact private streets? A: Yes, you can do that. Q: If the City takes revenue to pay for traffic-related issues, then why do we need an SID to pay for the improvements ourselves? Why doesn't the City just pay for the repairs through their sales tax revenues? A: Throughout the City, smaller streets are paid for by the local property owners. The City pays for improvements to larger arterial streets. Stormwater Q: What will the stormwater fee be? A: (Estimates for each property were provided at the meeting.)For commercial properties in this area, it will be anywhere from $30-100/month. For singlefamily residential properties, it will be approximately $15-20/month. Currently,the City is considering phasing in that fee over five years, wherein you would pay 20 percent of the total fee the first year, 40 percent the next, and so on. The City's philosophy is that we can all benefit from stormwater management and flood preparedness, whether we live on the top of the hill, or at the bottom, therefore, we all will help pay for it. Both the City and the County have to have a permit with the Environmental Protection Agency to allow runoff to collect in area waterways. The County is going to have to find a way to pay for that permit soon. Q: Can we negotiate for lower stormwater fees? A: The City has reconfigured how we calculate stormwater costs to more accurately reflect the uses of your property. For example, if you have a back-forty, or have a couple acres of land but only one or two buildings, then we will only calculate based on the land that is"urban-like."We will not include pasture land or open fields in calculating the costs. Signs Q: Will we be required to replace our signs? A: The County recently changed its sign code to match the codes in Fort Collins and Loveland. Currently,non-compliant signs are required to come into compliance within five years of annexation. Certain prohibited signs (ex: portable signs, banners, vehicle- mounted signs in trailers or truck beds)must come into compliance within 60 days of annexation—these types of signs are typically inexpensive and relatively easy to remove or replace. Q: How big can our signs be? A: Sign size can be calculated based on different factors. For each foot of the lot length, you can have one square foot of sign, OR, for each foot of the building front, you can have two square feet of sign. For multiple tenants, it is up to the landlords to determine the allocation. Typically, within 18-24 months of an annexation,the City will do a sign survey to determine the sign allowance for each property, and which signs, if any,will be required to be brought into compliance with City sign code regulations within the 5 year amortization period. Sales/Use Tax Q: What are the sales tax projections for this area? A: Because we don't have access to your tax records, we don't know what the exact income is for each business here. We can only estimate your tax based on the size of your business. The estimated property tax income for the entire enclave is $265,000. The estimated sales tax income for the entire enclave is $343,000. Q: What sort of use tax are we looking at? A: It is difficult to estimate the amount at this time, because use tax is based on purchases businesses make on new equipment,which can occur at any time. The use tax rate is 3 percent, which is the same as City sales tax. Use tax is assessed only if you did not pay a Colorado municipal sales tax(ex: if the equipment was purchased online). Use tax does not apply to the cost of goods sold, nor to the cost of inventory, or materials going into a final product. Police Services Q: What sort of police protection can we expect from the City as compared to the County? A: For the entire enclave, we will need 12 additional employees (including officers, dispatchers, and perhaps one records employee). For the commercial area, we would just need six additional employees. Under most circumstances, there will be a faster response time than the current county response times, simply because there are more officers concentrated in a smaller jurisdiction. Currently, those additional patrol officers would come from reassigning current employees—putting detectives back out on the streets, for example. Police funding is at the top of Council 's radar. Fort Collins has a very low crime rate because we are dedicated to keeping a high officer ratio. Miscellaneous Q: What will happen with our electric rates? A: The city's base rate is lower than the PVREA, but is higher than the large commercial PVREA rate. In addition, the City must pay REA for ten years after annexation. We are currently looking at ways to deal with that cost, including the possibility of passing that on to the customers. Q: We were told the City stands to make $380,000 annually on code enforcement fines. A: Staff researched the source of this figure, which came from table in a PowerPoint presentation made to Council in 2005. As it turns out, the table was incorrectly labeled. The$380,000 is NOT revenue from zoning and code enforcement as was noted. This figure is the overall annual revenue projected 15 years from now for building and other permit fees related to development and redevelopment. We regret this error and will correct the table. i General Q: WHY? What makes it beneficial to the City to have these businesses within City limits? A: There is no significant financial benefit to the City for this business area—will not bring in huge amounts of additional sales tax revenue. It's a matter of equity. We share the same roads and facilities as City residents, and this area is so close to the City that we use all of the same amenities. In the interest of equity,then, it becomes a joint responsibility to finance them. The state demographer recently stated that Northern Colorado will keep growing and becoming more urbanized. The longer we wait, the more these issues we are facing now will compound and become even harder to catch up with. Q: At what point does the issue of equity end? A: The City has a finite and defined boundary beyond which they do not go. The Growth Management Area doesn't change easily, and we will maintain the community separators. Q: What sort of additional fees are we going to have to pay in the future (ex: the proposed Transportation Maintenance Fee)? A: No decisions regarding these or other proposed fees have been made yet, so it is hard for us to estimate at this time. We will provide the CAFA Board with a summary of the types of fees Council is considering. Q: There is a rumor that the City is annexing because the South 13 and Kelmar strip will pay for itself within five years. Q: When will we see these mitigations in writing, prior to annexation? A: We will go to Council this summer and determine what sort of flexibility or mitigation we will or won't provide. Then we will need to draft an ordinance(or possibly several ordinances)to amend the City code. This will all happen prior to annexation. The whole process will be open for review and will be discussed during public hearings. We will also work with the citizens of the enclave on the wording of any code changes. Antique and Flea Market Row Business Outreach Meeting March 6, 2006, 7-8:35 p.m. McGraw Elementary School Main concerns of attendees: Licensing requirements Sales/Use tax effects Code requirements for second-hand dealers Secondhand Dealer Licensing Q: One of our biggest concerns is the issue of obtaining and maintaining secondhand dealer licenses. It seems to be a very involved process, cost a lot of money for us to keep current, is a clerical nightmare to keep the required records, and some of the information (date of birth, fingerprinting) seems like an invasion of privacy. A: We have looked at the licensing requirements. Right now the City Code does require all secondhand dealers obtain a license, and keep records of who they purchase from. We realize that the current requirements are difficult due to the nature of your businesses, and we are considering recommending to Council that they modify the existing regulations so that only the business owners need a license, and not each individual dealer. Q: When will we see these recommendations and Code changes in writing? A: Staff will likely make recommendations to Council in late May. Council will then consider those recommendations and propose any changes to the Code. All of this will take place during public hearings and review. We will also look to other communities for examples of what has worked in dealing with similar businesses. Q: We are a unique entity. Council doesn't understand us or the complexities of our businesses. lei A: That is one of the goals of these meetings—to discuss the issues that most concern you so that we can then make appropriate recommendations to Council regarding the direction they will proceed. Q: We shop garage sales and auctions to acquire the items we sell in our stores and booths. We cannot possibly obtain receipts, much less the name, date of birth, photo ID, or fingerprints of the people we purchase items from. We also cannot possibly keep a detailed description of 1,000 individual items or more, and we cannot get a receipt for items that we may have purchased many years ago, and are just now selling. A: These are valid concerns. We will present all of these issues to Council, and we will make appropriate recommendations based on the discussions we are having with you and other residents and business owners. The origin of the specific wording of this ordinance (relating to secondhand dealers) is that it was intended to focus on pawn brokers, which is why some of the stronger language and requirements are there. Q: I sell sports cards. These are new items that come directly from the distributors in other states. It hasn't been sold before. Am I considered a secondhand store? The Code does not specifically address this. A: If you are only selling new items, you would not be considered a secondhand store. Q: Nothing in the Code mentions our merchandise (i.e. the types of merchandise sold at an antique shop or flea market). We feel like we are being treated like criminals (with the current requirements of IDs, fingerprints, etc.). With the Code as it is,the City will drive some of us out of business. A: We are very interested in keeping our businesses healthy. It is not our goal to drive anyone out of business. Right now, the City is in the process of hiring a new Economic Advisor to help grow new business development, but also to foster the local businesses we already have in the area. Keeping local businesses sustainable is a priority for City Council and staff. Q: Are stores like Finest Records, Play it Again Sports, etc., considered secondhand stores? If so, how come they don't ID me when I sell them a cd? A: (Question researched following meeting.) The Finest is not required to have a secondhand dealers license because CD's/tapes/records do not meet the definition of secondhand property. Play It Again Sports is required to have a secondhand dealer license and does have a current secondhand dealer license. The following six sales/use tax questions were submitted in writing following the discussion: 1.) Who will be required to have a sales/use tax license? Owners of the business and/or dealers who rent space in our stores? Will dealer also need a state sales tax license? Only the owners of the business will be required to have a Sales &Use Tax License, not the dealers. Please contact the Colorado Department of Revenue for any questions regarding State requirements. 2.) Will the City sales/use tax license have a fee attached to it like the state license? No,there is no cost to obtain a City of Fort Collins Sales &Use Tax License. 3.) What will be subject to use tax? Personal property and/or leases? Personal Property and leases of tangible personal property are subject to use tax if a previous Colorado municipal sales tax has not been paid on the item. 4.) Will items owned prior to annexation be subject to the City use tax? No. How do we declare garage sale items on use tax returns when we cannot prove the amount paid because the buyer cannot get a receipt from the seller? The code requires that"suitable records" of all leases and purchases be kept for a period of three years. A listing of property subject to the use tax is reported on the sales &use tax return—this is what owners submit to the City. If a sales and/or use tax audit is performed, records necessary to determine the amount of tax are required. This works the same way for the State and Federal government; detailed records would be requested if a business was audited. Section 25-167 of the Municipal Code reads as follows: Sec. 25-167. Records and accounts to be kept. It is the duty of every person engaged in business in the city for the transaction of which a license is required by this Article to keep and preserve suitable records of all sales, purchases and leases made by such person, and such other books or accounts as may be necessary to determine the amount of tax for the collection or payment of which such person is liable hereunder. It is the duty of every such person to keep and preserve all such books, invoices and other records for a period of three (3)years and such items shall be open for examination in the city at any time by the Financial Officer. (Code 1972, § 104-30) Will we be able to apply for a refund in the instances of sales tax paid on bad debts (bounced checks, credit card charge-backs)? Sales tax was paid but no cash actually exchanged hands so in essence there was no sale. Yes, line 3d on the sales &use tax return allows a deduction for bad debt charge offs. Items properly charged off as bad debts for the purpose of income tax imposed by the laws of the State may be credited upon the subsequent sales and use tax return to the City. Miscellaneous/Philosophy Q: What is the purpose of government? Is it to get all the sales tax revenue possible, or is it to serve the people? You sound as though this annexation is a done deal. A: It is not a done deal, however, this is the direction we have received from Council. Comment: This strip of stores is a destination for people around the country and the world to come and shop. It seems as though the City should want to promote us as a destination, rather than drive us out of business. Q: It seems like the financial benefit to the City is through eventually redeveloping the area. If we are a destination, what will the City do to ensure that we remain a viable, attractive destination? A: Nothing is going to happen the day after annexation. The City is not going to come in and start to change all of the businesses in the area. Q: The natural course of things is redevelopment,and the cost of that will no longer allow us to be in business. What recourse do we have? A: We will focus on what we can initially do to work with the local businesses, but we cannot predict what will or will not happen in 10 years. Q: Are our businesses important to the City? We are often listed in national publications as a premier destination for shoppers. A: The situation here is analogous to the North College business area. The North College businesses approached the City three years ago to form an Urban Renewal Authority area to assist them in upgrading infrastructure and making other improvements that will enhance the business climate along North College. In the next year or so, we will begin the South College Plan, and we will come to you and other business owners to help develop that plan. Q: Are there any associations or business owners on the south end that are beginning to work with Council on this issue? A: Not yet, but we do encourage you to think about starting one. Comments: I feel we want to be more appreciated,rather than viewed as something that needs to be cleaned up. All the major cities have areas like ours, but I don't think Fort Collins views us as an asset. (speaking as a customer) I travel the country, and plan my vacations around shopping destinations. I spend money on food,hotels, gas, etc. When a city's flea/antique row deteriorates, I stop going there. That city loses my tourist income. This is the last great place to do this in the Rocky Mountain Region. Fort Collins doesn't want to become another corporate Mecca like Centerra. Keep us unique. We have to consider the issue of critical mass. Even if one or two stores close, with the number we have right now,that is enough of a catalyst to lose critical mass and then all of them will close. Comment: We're putting the cart before the horse here. We should come up with a good plan for this area, and then annex, not the other way around. Comment: These meetings aren't answering our questions. Please be better prepared in the future. Q: Why aren't the politicians here? lei A: There will be public hearings when this issue goes before Council. Q: We're all operating in a vacuum, because no one knows what the actual data of the costs and impacts is. A: We have compiled specific cost estimates in areas like electric service, stormwater fees, etc. We can't estimate the large,philosophical and long-term costs. Q: Greg Byrne said at one point that all future annexation projects would require the City do a true economic analysis. Why don't we have one? A: The City has prepared a general financial analysis of the revenues and costs to the City for the entire enclave. A more detailed, updated financial assessment of the revenues and costs is currently underway and should be available in the near future. Q: What I'm hearing is that the City is getting everything, and we're getting nothing. What is the benefit to us? A: In the long term electric rates will be lower,you will have stormwater drainage services, additional law enforcement officers on the streets, and future street repairs and maintenance. Q: Where is Fort Collins going to come up with all this money? Will taxes for City residents go up? A: To date, there is no plan to increase taxes. Q: How will the police provide additional officers? A: Chief Harrison has indicated that in the short term, he will likely reassign personnel to meet the patrol needs. Q: What is the timeline for this, and how should I plan for my business without knowing for sure what' s going to happen, and when? A: We will try to get recommendations and proposals to Council as quickly as possible, and then they will take up the issue when they decide to. We cannot guarantee a date. Council has indicated they will look at this issue again this summer. Q: If Council adopts less restrictive codes for this annexation, what will happen when we get a new Council? A: All laws could potentially change at any time in the future. We cannot predict what may happen down the road. Electric Q: Has the City chosen to pass their 25 percent payment to PVREA on to the customers? A: In the past, the City has passed that cost on to the customer. Council has directed staff to look at a variety of options in dealing with the 25% surcharge. We are open to discussion on this issue. Q: Does the City entity that provides electric service make a profit? A: No. Q: Then are you acting in a governmental function or in a proprietary function? A: City Light and Power was created to provide electric service more reliably and less expensively than, say, REA or Excel. The electric rates are set by Council at a rate to cover the cost of providing the service. There is no profit margin. Of the total revenue, 70 percent goes to Platte River Power to purchase the power, and approximately 30 percent goes to maintaining the distribution systems. A small percentage goes to the City general fund via a line-item as payment in lieu of taxes. Tax Q: Who will be required to have a sales and use tax license? Is it the individual dealer, or the mall/property owner(who currently collects the tax)? A: Technically,just the person who collects the tax (mall owner, etc.)will be required to hold a license. Q: How will my dealers have to handle use tax? A: (Question researched following the meeting.) We've determined that only the owner will be required to collect and remit the sales and use taxes for all of the individual dealers in their business/building. Q: Will items purchased prior to annexation be subject to use tax? A: No, only items purchased after the date of annexation. Q: Is there a use tax on leases? A: Yes,but it depends on whether it is for real property or personal property. (Staff members spoke with citizen afterward to discuss specifics.) Q: If I buy a showcase at a garage sale, how do I prove the cost of the item for use tax purposes? A: Technically you do need some sort of a receipt. If there is no receipt,the Sales Tax Office will try to follow back to the value declared to the County. This issue is open for discussion and review. Q: What do we do about bad debts? Currently, if someone writes us a bad check, we consider it a theft. Also, what is the timeline for reporting a bad debt? A: Our tax code includes a section for bad debts. Line 3d on the sales and use tax return allows a deduction for bad debt charge offs. Items properly charged off as bad debts for the purpose of income tax imposed by the laws of the State of Colorado may be credited upon the subsequent sales and use tax return to the City. Q: What will happen with our property tax rates? A: The only change in property taxes is that we will be substituting City tax for the Poudre Valley Fire District tax, which is nearly the same rate. Streets Q: Who will pay for street improvements? A: It depends on the type of street. Improvements to US287/South College Avenue will be done jointly by the City, Colorado Department of Transportation, and future development projects in the future. Improvements to collector level streets like Skyway and Saturn will be done by the City. Other local streets within the area are the responsibility of the local property owners. Q: What will happen with the South College Access Plan? A: In addition to being approved by the City Council, the plan has been accepted and approved by the Colorado Department of Transportation(CDOT)and the Transportation Commission. The recommended improvements would apply whether or not the annexation is approved because US287 is a state highway. Ultimately, South College/US287 will need to be widen to six lanes in the future, and in the long term there will be collector streets behind the businesses. The access plan includes a" short-term" plan that works with the existing businesses as-is and does not require the new collector streets. CDOT is in the process of doing a new access plan for the section of US287 south of Carpenter Road to Loveland. The existing Access Plan for US287 north of Carpenter Road is not being changed by CDOT. The South College Access Plan is available on the City 's website at: http://fcgov.com/transportationplanning/scollege.php Q: The South College Access Plan, combined with the annexation, will be our demise. A: The Access Plan will occur regardless of the annexation. We brought maps with us to show you both the short-term and long-term access routes and driveways. There are no construction plans for this area at this time. In the future, the City and CDOT will work with property/business owners to develop solutions that work for them as well as that improve safety for people entering/exiting the highway. Q: What will happen to roads that don't meet the new County(which match the City) standards? Then we will have to pay to upgrade them. A: We will work with residents and businesses to upgrade the streets to meet the standards so that the City will then maintain them. It's a larger initial investment, but we have some financial tools we can work with to spread that payment out over time. North Business Outreach Meeting Thursday, March 23,2006--7:15-8:35 p.m. Foothills Gateway Gymnasium Main concerns of attendees: Second-hand dealers licenses Roads/infrastructure Redevelopment/use/zoning Paperwork—sales/use tax licenses Second-hand Dealer License Q: Sales/use tax: We shop garage sales and auctions to acquire the items we sell in our stores and booths. We cannot possibly obtain receipts, much less the name, date of birth, photo ID, or fingerprints of the people we purchase items from. We also cannot possibly keep a detailed description of 1,000 individual items or more. A: This ordinance was originally geared toward pawn brokers. We will likely recommend to Council a change in the wording to make it more appropriate to your line of business. Comment: I think that the license just doesn't work for us (antiques/flea markets)and needs to be taken off of the books. Q: I sell sports cards. These are new items that come directly from the distributors in other states. It hasn't been sold before. Am 1 considered a secondhand store? The Code does not specifically address this. I want to know where I stand. A: What we're hearing is that you'd all like to see more definition within the Code regarding this issue. If you have any specific suggestions regarding changing the Code, please send them to us. We would like to address your needs with this issue. (Note: in the case of the sports cards examples, the individual asked whether it would be considered a second hand transaction if he opened a new box of baseball cards and sold individual packets out of each box. This example would not require a second hand dealers license.) Comment: One of our biggest concerns is the issue of obtaining and maintaining secondhand dealer licenses. It seems to be a very involved process, cost a lot of money for us to keep current, and is a clerical nightmare to keep the required records. Q: Our business doesn't lend itself to keeping track of the items and values necessary to properly report use tax. A: We have heard these concerns you have, and encourage you to offer specific suggestions to City staff. How do you suggest the Code be changed, or these issues be handled? Please let us know your thoughts and suggestions. Additional information following the meeting: Requiring receipts for tax purposes is a standard accounting practice. While we don 't want to create a hardship, we also have a responsibility to the tax payers that revenue generated through sales and use tax can be accounted for. The record keeping requirements for sales and use tax in Fort Collins are similar to other Front Range municipalities,the state, and the federal government. Sales and use tax is required to be listed on a"Sales and Use Tax Return" form and submitted to the City. Reasonable documentation must be retained by the vendor(though it isn't submitted with the form) in order to back up the sales and use tax transactions. Comment: What we don't want is to go forward with our businesses in violation of the regulations in City Code. If we go forward in this annexation, we want to make sure we're in compliance with reasonable requirements. Q: What is the reason behind the second-hand dealer license? A: It has been around for a long time, and was originally intended for pawn shops. We are going to propose a change to the Code to exempt individual dealers from needing a second-hand dealer license. Instead, we will propose that only the owner of the building will need a license. Code Compliance Comment: We will have to follow many codes,not just one, and the City already has money allocated to enforcing those codes in this area. We need to know what those codes are. Q: Do you go through any code-changing before the annexation? At the same time as the annexation? A: It varies, and many decisions go into the timing. If the change to the code is tied only to the areas of town impacted by this annexation, it will be adopted at the same time of annexation as part of the annexation ordinance. If the change affects a larger area(ex: the whole City),then Council could address the change separately and prior to the annexation. Q: If the Code change occurs after the annexation, then we won't know how we are affected upon annexation. A: We plan to have everything(Code changes)addressed prior to or at the time of the annexation. Once we've developed the list of mitigation measures, we'll sit down with CAFA reps to go over them together. Q: Would time changes(ex: signs coming into compliance within 7 years, rather than 5)apply to other annexations in the future? i A: This would be determined on a case-by-case basis. So it could vary with different situations and factors involved in any future annexations. Q: What will happen regarding sign codes? A: As the Code is written, signs that don't comply with the City's sign code will be required to come into compliance within five years. If there is a new use for the property, a new tenant, etc., then the sign will have to come into compliance at the time it is remodeled to display the name of the new tenant. Certain prohibited signs (ex: portable signs,banners, vehicle-mounted signs in trailers or truck beds) must come into compliance within 60 days of annexation—these types of signs are typically inexpensive and relatively easy to remove or replace. You can read the sign code online at: http:/Avww.colocode.com/ftcollins/landuselarticle3.htm#sec3d8d7 Big Picture/Philosophy Q: My biggest concern is—what is the plan? What is the reason for this annexation? What will we benefit from? All we see is a negative impact for us. The City has been talking about this for 20 years with the County. Why can't the City present any positive benefit for us? A: We share the same roads and facilities as City residents, and this area is so close to the City that we use all of the same amenities. In the interest of equity, then, it is the responsibility of all users to help pay for the services. Comment: We're shopping and buying in Fort Collins—we do participate in the equity distribution. Comment: That equity issue doesn't work for the business owners who live in Fort Collins and are already paying City taxes. Comment: People come from all over the world to this area, because of our businesses. They stay in Fort Collins, pay for food, hotels,bars,theater. That must do some work to balance that equity. Comment: Who is representing us in City Council? We don't have an advocate—it's a one-sided affair. Comment: The(Latimer County) Sheriffs are fast. The City police won't be any faster. The lights will be just as bright. It's only a cost for us. There is no discernable benefit. Q: Would the City consider grandfathering some of these requirements for the businesses in this area? A: We can pass this request along to City Council for their consideration. Comment: There is no process to involve the affected parties in a timely manner. The City should have started the process at the time the enclave was formed, and the City should be required to prove the benefits to the residents. Citv Council and the County need to revise their intergovernmental agreements and processes. Q: Will we know the recommendations you'll make before you actually make them to Council? A: Yes. We will make them public when we prepare to present them to Council on June 27. We will also work with CAFA board members to keep them informed. Q: Would you consider thinking outside the box? For example, maybe County residents should be charged for a library card, or for using other City services. A: That's a good suggestion, and we will take that back to Council. Q: What is the City's position on the amendment to HB06-1159 that would require an affirmative vote of enclave residents before an annexation could occur? A: The City is opposed to that amendment based on a policy that has been in place for some time. The Planning and Land Use section of the 2006 City Council Legislative Policy Agenda adopted by Council resolution on November 29, 2005 states: "Oppose efforts that limit a municipality's right to annex." However, we do support the requirements for a 2-way citizen advisory board, and for the intergovernmental agreements to be recorded with the Clerk's office so that it appears on property transactions. Q: There are 3,000 people who have no say in this issue. Who represents us? A: The County Commissioners are your elected representatives. If the enclave is annexed, then you will have representation on City Council. Q: Could we have representation on an advisory board regarding this issue? A: We will pass along this request. Planning/Zoning Q: I have heard two different things: People who sell their property after an annexation are having changes/upgrades forced upon them I've also heard that upgrades are only required if the use changes A: Change of ownership does not trigger any upgrades. When the use of a property changes,then you have to bring the property into compliance with our standards for that new use. When the use changes, that can potentially trigger required upgrades to landscaping, sidewalks, etc. However,the Code states that these things must be brought into compliance"to the extent reasonable feasible." It might not always be possible to do these upgrades, and the City allows some flexibility for that. These are similar requirements to those of the County. However,this has nothing inherently to do with the sale of a property, it only occurs after a change of use, or if the building is expanded by more than 25 percent. Q: The City has building codes. How will we know what we need to change? A: The City and County building codes are very similar. Properties will only be expected to come into compliance upon a change of occupancy as determined by the building code. Nothing is going to be required upon annexation. Q: What constitutes a change of use? A: A change of use occurs whenever: (A)the occupancy of a single-tenant building or of a parcel of land changes from the most recent previously existing use to a different use; (B)the occupancy of a tenant space in a multi-tenant building changes to a use that is not currently existing in another tenant space of the building or that did not previously exist in any tenant space of the building within the last twelve(12) months; or (C)the most recent previously existing use of a building or land has been abandoned,by cessation of active and continuous operations during a period of twelve(12)consecutive months, and either the same type of use is proposed to be reestablished or a different use that did not exist on the property is proposed to be established. I Streets Q: Will the frontage roads become our responsibility? A: No, and the City will not change anything about the frontage roads. If the Colorado Department of Transportation(CDOT) comes in to widen 287, they would then purchase the public right-of-way. Q: 287 will be widened, and they will get rid of the frontage roads. The City, County and CDOT are all trying to get the adjacent properties to pay for the new roads. A: This is all tied into the South College/US287 Access Control Plan, which is unrelated to the annexation. Q: The City could take a much more proactive approach with the work CDOT is doing with this area of 287. A: 287 is a federal highway, and CDOT has the responsibility to treat it as such. The City tries to intercede on behalf of local concerns when appropriate. Q: What about streetlights? If we need more along 287, who will pay for that? A: From a safety standpoint,the City would support increased lighting. When new development takes place, there are development charges which help pay for the adjacent public right of way, including streetlights. When specific neighborhoods desire streetlights, then they can request that the City install them, and they will pay for that installation, generally through a special improvement district(SID), which is typically formed upon a vote of the adjacent property owners. There is also the possibility that another City department could potentially pay to install the lights. We will look into additional options, as well. Mitigation Suggestions: Second-hand dealers—change license requirements for dealers (can't get paperwork for garage sale items; how can building owner be responsible for tenants?) --Better define"Second hand item" Enact mitigation measures prior to annexation where possible Want honor system for second hand items Develop plan before annexations City represent property owners with CDOT, regarding 287 and the South College Plan Better lighting on College—will this trigger any other improvements? Grandfather the flea markets into code compliance Make staff recommendations public prior to the presentation to Council Consider fees for use(for County residents) instead of annexation Form an advisory board to represent the affected population Allow residents to present at the work sessions South Business Outreach Meeting Monday, April 3,2006--7:05-8 p.m. Foothills Gateway Gymnasium Electric Utility Q: Regarding the equity issue that was mentioned at the last meeting—if the City chooses to pass on the 25 percent service rights fee they must pay Poudre Valley REA to the customers, then that is a fee that the rest of the City residents are not paying. How is this equitable, if we are not asking to be annexed in the first place? A: What would you suggest as an alternative? Comment: We shouldn't have to pay that surcharge—the City is annexing us. A: We'll note that suggestion for Council. The service rights fee(a 25 percent payment to PVREA for 10 years) is a complex issue. Several years ago, REA worked with the state legislature to get this passed. The fee does not pay for infrastructure upgrades. In the past, Fort Collins has passed that fee on to the customers. Several other Colorado municipalities do it differently. Some pass it on to the customers, some absorb the cost, some do a combination. Currently, we are considering a proposal to Council that will ensure that no customer will see an increase in their rates. Q: Has anyone thought about going back to the state to see what it would take to allow REA customers to stay with REA if they want to? A: We haven't heard that suggestion before, so we cannot comment on the possibility at this time. However, if you take away the 25 percent service rights fee, the City's electric rates are cheaper across the board. Comment: When you're calculating costs, you're not including the rebate that we get from REA. A: The rebate that REA offers is somewhat misleading. REA is essentially saying that they've overcharged the customers, and so in 11 years,they will give your money back. The City chooses to lower the rates instead. Q: Will there be improvements in the electric utility infrastructure? A: There will be some. Fort Collins is the first city in the country to have converted all of our overhead lines to underground. There is no plan at this time to extend that to any annexed areas, because there is no budget for that. However, because the main source is underground, then there will be fewer outages, etc. Our average response time for a power outage is less than 30 minutes. Q from City: Would you rather(philosophically) have the City raise electric rates throughout the City, and not pass the Service Rights Fee on to the REA customers? A: Yes, because then the effect will be small for the whole City, instead of being a major impact just on the people here. That feels more equitable. Comment from City: We appreciate that perspective, and we would like to consider that as a possible solution. Q: How will the City deal with our current overhead electric lines? A: Some of the lines will go away—we will connect REA lines to our underground system at the closest point. We have very sophisticated equipment that allows us to locate where there is a problems to that we can make any appropriate repairs. Q: Do you change all of our electric meters? A: Yes. Some of the overhead lines will go away, and then we will have to change every electric meter and every transformer, because they use a different voltage. Q: Will you charge the customer for changing the equipment? A: No. Q: How long will it take to change over all the customers in the enclave? A: If the whole enclave is annexed at once, it would take approximately two years. For the Kelmar strip, it would be 6-8 months. Q: How will you coordinate the logistics of that switch? A: Every customer will experience an outage for about 30 minutes while we switch over the service. That outage is scheduled with each customer. Q: Where will the money come from to make these changes? A: The Utility reserve fund. Q: What will happen to us in those 6-8 months before all the electric equipment is replaced? A: We would likely do pockets at a time. Up until we schedule that change with you, you will still be an REA customer. Roads F_ Q: How will development on the southwest side of Skyway Drive affect transportation on 287? A: Because 287 is a federal highway, whether this area is annexed or not, any improvements will depend on the type of development and the access points needed for the development, as well as the volume of traffic. The South College/287 Access Plan is unrelated to the annexation. Any updates to 287 depend on the volume of traffic. The long-term plan includes a median an alternate business access. Q: Explain the Special Improvement Districts (SID) for road improvements. A: An SID is voluntary—the property owners have to petition the City to create an SID for road improvements. If the state widens 287,then they will affect the frontage roads,but it is not something that the property owners will pay for. Q: When 287 is widened,how much property will be taken from the frontage road on the east side? A: When it is widened to six lanes, we will reconfigure the access, including the possibility of rear access for the businesses. Q: So if 287 improvements are a state capital project, then the state will pay, and if it's a City capital project, then the City will pay? A: Yes. Q: Is it standard procedure for the City to notify the property owners and businesses before any improvements take place? A: Yes. All of the design work for a project is developed collaboratively with the businesses impacted. Q: If a property changes use or increases by more than 25 percent, then will they have to dedicate an area for future rear access? A: The level of improvement required is commensurate with the level of change a building undergoes.In general, if a property owner decides to redevelop his/her parcel, then as part of the overall site planning/development review process,the City(or County) would work collaboratively with the owner and/or their consultants to design the necessary street and drainage improvements needed to support that particular level of development. If a minor change is proposed,then the required improvements would be less than if the site fully redeveloped into a more intense land use. This same development review and coordination process will apply whether a property is located within the City or the County. Also, if one landowner decides to develop or redevelop their property that should not have impacts on the adjacent properties. Code Compliance Q: What's going to happen to bring landscaping, parking, signage, etc. into compliance with the City standards? A: The only thing on a timeline is signs. The current Code allows five years before signs must be brought into compliance, although certain prohibited signs (ex: portable signs, banners, vehicle-mounted signs)must come into compliance within 60 days of annexation. As far as buildings and landscaping go, nothing will require upgrades unless there is a change of use for the property, or an expansion of the building increasing the size by more than 25 percent. Even if upgrades are required under these situations,the improvements are required to the extent reasonably feasible for the property. Q: So putting a new roof on an existing building would not trigger the upgrades? A: No—not unless that new roof is covering a new expansion greater than 25 percent. Q: What constitutes a vehicle-mounted sign? What about the signs painted on the side of the U-Haul trucks? A: Vehicle mounted signs are typically in the bed of a truck or trailer, etc. A U-Haul sitting on U-Haul property does not count as a prohibited vehicle-mounted sign. Q: Suppose one of these flea markets sells and the new owner wants to change the use. They do all the upgrades they're required to do—how will this impact the existing neighboring buildings ... will they have to make improvements to "keep up"? A: No. The changes are property-specific. In some cases, we will offer development agreements for safety. We don't want piecemeal situations (ex: sidewalks abruptly beginning and ending at the property line). The adjacent or neighboring business owners will not have to do anything by way of upgrades. If the new development requires new or additional infrastructure that will affect additional properties, the developer will pay for those upgrades. Q: How does the City deal with retention ponds regarding any new development or rear access? A: As was discussed previously with regard to streets and business access, the level of improvements required are commensurate with the level of development (Note: see response to last question on page 3). General Comment: If we're truly the gateway to the city, then we should be receiving landscaping, lighting, etc., from the City. Q: I know a lot of people are concerned that in the paper the Mayor said that all of the issues regarding this annexation have been solved. A: We don't know exactly what the Mayor said - his comments could have been taken out of context-but Council knows that these issues have not been resolved. That is why we're holding these meetings. Q: What is the benefit to my business? What is the benefit to us by being in the City? A: Things won't be dramatically different. In general, there are more services available from the City —typically quality of life services. Your police service will be very similar, but you may experience a faster emergency response time. Q: Why would the City take on this financial burden of annexation at this time? What's the benefit to the City? A: There is not much of a benefit by way of tax revenues. There are two primary reasons the City is pursuing the annexation: Our intergovernmental agreement(IGA)with the County. By state law, three years after an enclave is formed, a City may annex it. However, our IGA states that we will annex those enclaves. This is a somewhat unusual situation because of the natural areas on the west side which formed this enclave. Equity—we share the same roads and facilities as City residents, and this area is so close to the City that we use all of the same amenities. In the interest of equity, then, it becomes a joint responsibility to finance them. Q: In 2004, there was a place on the website where we could plug in our property value and get an estimate of our property tax. Mine was $8 more than in the County. Where do the extra taxes come from? A: Right now you pay sales tax on items that you purchase in stores in the city. But you don't pay tax on, for example, vehicles or large furniture and items delivered to your home, which is in the County. Comment: We didn't ask for any of this to be happening. We shouldn't have to pay for any of these things if we didn't ask for the annexation in the first place. Q: Do we have any idea how many of the business owners live in the City? They are on the other side of the equity issue. A: We don't have this information at this time. I i RESIDENTIAL MEETINGS Fossil Creek Meadows Residential Outreach Meeting Monday, March 27, 2006,7:05-8:30 p.m. Werner Elementary School Q: Please list all the services the City will provide upon annexation. A: You're not going to see a lot of difference in the types of services provided by the City following annexation. There will be a difference in some of the sources of those services. Here is the summary provided earlier in the"FAQ"that was mailed to each home: ype of service Current provider New provider Electric 3oudre Valley REA or Xcel ity of Fort Collins Utilities Hnergy Water ort Collins/Loveland Water ort Collins/Loveland Water istrict istrict (no than e Storm drainage -arimer County ity of Fort Collins Stormwater tility ire Poudre Fire Authority oudre Fire Authority (no change) aw Enforcement Larimer County Sheriff's ity of Fort Collins Police Office Services oad maintenance Larimer County Road and ity of Fort Collins Transportation ride IServices Health and Human Larimer County arimer County (no change) Services Animal Control Humane Society umane Society (no change) I i Smaller things like building permits, etc., are very similar in the City and County. In addition, City residents will receive the services of Neighborhood Services, if they desire, which include free mediations, support to homeowners associations, and liaison services between residents and CSU students. The City also provides Code enforcement services. Essentially, City residents will benefit from the entirety of the services the City of Fort Collins provides, and will also have the ability to vote for Council members. Q: What is neighborhood mediation? A: With the guidance of professionally trained and certified mediators, neighbors can come together in a neutral setting to resolve disputes in a way that fosters communication and compromise. Mediation is provides an opportunity for people to settle their differences permanently, without the cost and hassle of the alternatives (lawsuits, police action, relocation, retaliation). Some of the issues the mediation program can address include noise, pets, common area disputes and landlord/tenant issues. More information about the mediation program can be found at hftr)://www.fcciov.com/neighborhoodservices/mediation.ph p Q: We complained once about weeds that were growing on City property near the entrance to our neighborhood, and nothing was ever done about it. A: After the open part of the meeting, staff spoke to a resident who provided more information regarding this particular situation. The weeds in question were located in the median on Fossil Creek Pkwy just east of College. Staff will find out who this median belongs to and how the situation will be handled in the future. In general, all weed violations (whether it's public or private property)are inspected, a notice is sent to the property owner giving them 7 days to correct the violation. If it is not corrected,the City does it and bills the property owner for the work done plus inspection and administration costs. For this specific instance, we received the following information from Code Compliance: "When the Fossil Creek Meadows development happened and the street was dedicated to the County, part of the development agreement was that the homeowners association would maintain all the medians, including the one closest to College Ave. We are not sure when the mix-up occurred, but the Fossil Creek Meadows homeowners association is free to maintain the median as they see fit." Q: What are the costs that we're dealing with? Please list all taxes and fees the City will assess upon annexation. A: Stormwater is the only new fee. Q: Electric rates will go up, won't they? A: It depends on a lot of variables—some people's costs will be lower because the base rate charged by the City electric utility is lower than Poudre Valley REA. However, State law requires that the City pay a fee of 25 percent of the bill for 10 years when we transfer customers from Poudre Valley REA to the City electric utility. So far, City Council has chosen to pass that fee through to the customer. Given the current rates,the City electric is cheaper. When you add on the 25 percent fee, then customers whose usage is roughly between 850 and 1500 kWh will pay slightly more than they are paying currently to REA. Customers who fall outside that range will likely see a slight decrease. Q: Would Council consider letting us keep our current provider, like they allow in other cities in Colorado? A: Other municipalities who have their own electric utility do not allow residents to keep their providers. Upon annexation,they transfer customers. Q: Mill Creek and Fossil Creek run through our neighborhood. Will Stormwater take over the management of those creeks if we are annexed? A: The City will take over maintenance on most of those areas. We've already begun some work on Fossil Creek, because stormwater doesn't care where City limits are—it continues to flow through the City into the County. There are no major projects planned for this area; we're not going to alter the course of these natural creeks. However, we will provide general maintenance, clearing of debris, etc. Q: Who will be policing that water? Who will monitor for cleanliness, or ensure there is no illegal dumping going on? A: There is a Stormwater Quality division. Through our EPA permit, we are required to show that we are monitoring the discharges into the waterways. Q: There is at least one drain line that comes out of our residential area and flows into the creek. Will the City maintain that? A: No. Whoever maintained it before will continue to do so. Q: There was an article in the Coloradoan stating that Fossil Creek has one of the highest levels of selenium pollution. Who is calculating that? A: The state. Q: How much will our stormwater fees be? A: (Note a suggestion was made to choose a few addresses and give examples.) Town homes along Fossil Ridge Drive, Fossil Court and Tripp Court range from approximately $4.70 to $9.00 per month. For a very large lot(of approximately 100,000 sq. ft.)on Mail Creek Lane the fee is approximately $20.60 per month. Council is considering phasing in the cost over a five-year period. Under such an arrangement, resident s would pay 20 percent of the total fee the first year,40 percent the second, and so on until they reach 100 percent. Q: At the end of the year, say I've spent $100 on that stormwater fee. What will I have received from spending that money? A: The City will use that money to make improvements on the waterways through your neighborhoods, as well as those throughout the City. Q: How do you calculate the charge for maintaining the waterways in the open spaces and parks in these neighborhoods? A: We don't; there is no charge for these areas. Q: What sort of road maintenance will we receive from the City? Is it just filling potholes? A: The City provides street sweeping as well as minor maintenance such as pothole repairs, although sweeping has been scaled back. In general, you're going to get the same service you receive from the County. According to the Standards, if and when the roads get to a point where they are unsafe or impassable, then at some point they will likely have to be reconstructed. If the road did not already meet the standards of the City, then it must be brought into compliance, before the City will accept the roads and will take over maintenance. Q: How much money will it cost adjacent properties to upgrade the roads? A: It needs to be made clear that the City has no plans to unilaterally require road upgrades. It is very unlikely that the City would promote reconstruction without a request from the residents. Ultimately it would be up to the residents to decide the level of roadway quality and investment. The residents could decide to maintain streets at a level satisfactory to them, through HOA's, etc. This is essentially the same as in the County. In any case, the cost of road construction is very site specific. It is not possible to give a blanket figure as it would vary greatly location to location according to existing conditions and the desires of the residents. Q: Will you require us to install sidewalks, curbs and gutters? A: Not necessarily. If the character of the neighborhood is such that it doesn't require sidewalks, and if the drainage works without the curbs and gutters, then we will not force the installation. Note: Following the meeting staff researched this question further. Please see the next question. Q: We've heard that Fairway Estates already has an agreement with the City stating that they will never have to install curbs/gutters. Do they have this agreement, and how can we get one, as well? A: After checking further with our transportation department following the meeting, we learned that in previous community meetings the Fairway Estates neighborhood was told they will not be required to have sidewalk, curb & gutter on their local neighborhood streets—they can remain "as is" unless the neighbors decide they want it in the future. This is the same situation for Fossil Creek Meadows. The City is not on a mission to change the character of the neighborhoods. Q: Who will pay for a new bridge over the creek if it becomes necessary? A: If the area is annexed, then if a replacement bridge is required,the City Storrnwater Utility will pay for that upgrade. However, it is impossible to know when that need might arise. Q: If we're annexed, will we be able to drive through other neighborhoods (ex: Fairway Estates has a barricade up)? Council has said that their goal is to unite and connect neighborhoods. A: In previous discussions with Fairway Estates, they were told that because the barricade already existed in the neighborhood, and was not causing traffic problems for Poudre Fire Authority or the residents, they would be allowed to keep it in place. However, the City will not put up any sort of new barrier in any new location. Q: Is the City going to guarantee that 12 police officers will be dedicated to the entire enclave? Is there any way we can know that they'll really be down here? What will be the effect on current City residents of removing 6-12 officers and staff from their current deskjobs? A: Currently, it will require 6 employees to staff the business area of the enclave, and 12 to staff the entire enclave. This information comes from Police Chief Dennis Harrison. There is no way the City will annex this area without having adequate police coverage, which is why Council is considering annexing in phases. Police coverage is the major expense for the City regarding this proposed annexation. Q: The national standard for police coverage is two police per 1,000 population. Fort Collins is at 1.2 or less. There is no way you're going to be able to provide any better service than the County. A: Different communities use different measures. It is worth noting that Fort Collins has a low crime rate. Chief Harrison has also said that emergency response time (vs. non- emergency) will generally be faster with Fort Collins Police Services than with the Sheriffs Office, simply because there is less area to cover. Q: The Fort Collins-Loveland Water District serves this enclave. Will any taxes (ex: property tax)collected from our enclave be applied to water systems in Fort Collins that do not impact us? Will money from the City's general fund be allocated to the City water system? A: No. The water utility is set up strictly separate from the general fund to comply with TABOR regulations. None of the money from the general fund goes to any of the utilities. Q: Would our stormwater rates go up if we finished a basement, thereby increasing the square footage of our property? A: If the project is big enough, then yes,but generally speaking, if you're just adding one room,then the difference is negligible and your rate would not change. Q: Does our sewer district stay the same? A: Yes. Q: The Southwest Enclave presently supports the Poudre Fire Authority via a 9.31 mill levy on property taxes. These funds go directly to the PFA O&M budget. if annexed,this mill levy would be removed and replaced with a 9.71 mill levy that goes directly to the City general fund. How will the equivalent amount of funds be transferred to PRA after annexation? Can we get a breakdown of the City portion of the property tax? A: Overall,the difference is very small. Money from the property tax will still go towards PFA services. Following the meeting these details were provided by staff from the City Budget Office: Approximately 60%of the property taxes go to the PFA. The remaining funds are General Fund revenues that support a portion of all General Fund departments or subsidized departments. For example, in 2006 the total estimated property tax revenue is $13,574,749. Of this amount one mill ($1,385,602)plus a percentage of property tax per the Revenue Allocation Formula(RAF), adjusted by TABOR limitations, is given to PFA. The total property tax contributed to PFA is about$8 million. TABOR limitations currently decrease the amount contributed to PFA per the RAF. PFA may not necessarily receive 60%of the new property tax through annexations because of the TABOR limitations. Q: The City if creating a"rural" zoning(RUL)to accommodate the needs of the enclave. Why is the City taking farmland and rural land into the City,yet claiming the area needs and urban level of service? A: The City is made up of all kinds of zones and land types. There is land within the City that looks the same as County land, and there is land within the County(such as this area),that looks like the City. However, the County does not want to provide urban services to these types of subdivisions, which is why we have the intergovernmental agreement regarding the annexation of enclaves. Q: What is "urban level of service"? A: There is no strict definition. Essentially, it's everything the City provides. Q: How will the annexation affect nearby zoning? Will more big box stores be going up in this area? A: The zoning really won't change from its current status. Q: Explain the use of a power of attorney placed on property by the City and County. How can a homeowner find and identify them in the City/County records? A: (Note: the majority of this answer was researched and provided following the meeting:) When land is developed in the Growth Management Area(GMA) but is not yet eligible for annexation,the County obtains an agreement to annex at such time the property becomes eligible, giving the City the right to exercise the agreement. How can homeowners find out about it? The agreements are filed in the County's project files for the individual project and copies are forwarded to the City Clerk. Interested homeowners can inquire with either the County Planning Department or City Clerk. Q: Can the City ever annex outside of the growth management area (GMA)? A: Expressly yes, any time, anywhere with one specific limitation. The adopted Agreement between the City and the County states that the County agrees the City may annex outside the GMA at its sole discretion. The Agreement includes one specific limitation- the City agrees not to annex south of County Road 32 as part of a community separator corridor between Fort Collins and Loveland. However, even in that area, the limitation does not apply to public open lands. Q: I have a cat, and the Code says I have to keep it on a leash. How is that possible, and how can the City possibly enforce that? A: This is a noted concern throughout the City. It is the law, if someone chooses to turn in a cat that is not on a leash. Admittedly, it is difficult to enforce. Rigo Niera, from the Humane Society, added the following information following the meeting: "Enforcement of the animal at large ordinance in relation to cats can be a bit more difficult than when it is applied to dogs. Cats are far more difficult to capture and locate by their very nature. Residents may contain a cat found on their property and contact Animal Protection and Control to have the cat picked up. If the cat is not friendly enough to be handled it can be trapped by the resident using a live trap. These traps can be rented at the Larimer Humane Society or purchased at a retailer by the resident. If a cat is i impounded, or if a resident knows who owns a problem cat, Animal Protection and Control may issue a warning or summons for violations. In each instance it is important that the resident is willing to participate and give information to file a complaint." Q: The City is not really going to make any money off of this enclave for at least 15 years. Why are they pursuing this annexation now? A: It's not about money. It's about the intergovernmental agreement. Our elected officials feel very strongly about honoring that. Comment: You have pursued this issue. Why don't you just stop now, and put the money you're spending toward other issues? Q: The City deficit is so large that they are scaling back on services. Taking on another 15-year deficit is ridiculous. What is the hidden agenda here? Current Fort Collins residents don't even know about this. A: Council is clear that there is no money available to take this on in a deficit. The annexation will not increase the City's deficit. Q: Why is the City annexing? Give us a direct answer. A: 1)the IGA—the elected officials feel very strongly about honoring it 2)equity—we are all in close proximity, we share services and facilities—we are a community and should share the cost as well Comments regarding the above answer: 1)the IGA is not legally binding to either party—they don't have to honor it 2) we pay sales tax to the City without any representation Q: What is the current timeline for all of this? A: At the June 27 work session, staff will make their recommendations to Council. Our intention is not to drag this out. If Council decides to proceed, then they will likely formally vote on the annexation sometime this summer. Q: Why are you not allowing anyone to vote on this issue? A: House Bill 1159 could require a vote of the people prior to any annexation. Mitigation Suggestions Spread the electric transfer fee out among all City users For Fossil Creek Meadows,need survey regarding whether or not curb and gutter will be needed Curb and gutter, if required, should be paid for by stormwater funds Questions to be Answered by April 15 Road maintenance estimates for the area Information regarding a possible curb and gutter agreement(such as the one Fairway Estates is said to have) What percentage of the property tax will go toward PFA Full breakdown of property tax Power of Attorney information For new development Regarding contiguous annexation Brookwood Estates Outreach Meeting Monday,April 10,2006—7:00 to 8:30 p.m. Harmony Library Community Room Electric Utility Q. When Brookwood was originally built, we paid REA for electrical pole and line structure. How will the City handle this? Will we end up paying twice or paying more? A. No. The cost of original installation of lines is not rolled into monthly rates for REA. Although residents may have paid for these structures,they remain the property of PVREA. If a transfer takes place,the city is still required to purchase the power lines from REA. The 25% fee that the City electric utility currently collects from REA annexed customers does not pay for these facilities. This 25% is what REA says is necessary for them to replace lost revenue, and the City pays this revenue directly to PVREA. City Council has determined that the 25% fee be passed on to the customer. City staff is discussing how best to deal with the fee and there are differing opinions on whether it should continue to be passed on or absorbed, etc. However, many customers transferred to city power, even with the 25%transfer fee, will still see a decrease in power costs(with a few exceptions). Q. In last year's REA Annual report, it announced a precedent had been set in which REA was granted a franchise to continue service in some cities, like Greeley. Couldn't Fort Collins do that? A. Possible, but not likely. It's not the same because those communities do not have a municipal electric utility. If the City were to grant a franchise to PVREA, there would likely be a franchise fee, and taxes charged to PVREA. Also, as a condition of a franchise, the City could require REA to make some changes such as require them to convert at least a portion of their lines to underground. It is assumed that this would have an effect on the PVREA rates for customers in this area. Q. Our homeowner' s association owns a streetlight it had installed. What would happen with it if a transfer of utility service takes place? A. You would be switched over to city power, and pay a fee very similar to what you are paying now. Q. Regarding the law you mentioned, where REA can have the city pay a 25% penalty for a number of years—when was that law passed? A. Not sure. Maybe about a decade ago. Q. Will city utility bills really be less, since the city can attach additional fees to the bill,which REA doesn't do? And what are some of these fees specifically? A. The fees you are referring to are things like a transportation maintenance fee, or the possibility of a library district fee, but these are actually other city fees that don't have anything to do with utilities. The money doesn't go to the utilities budget. The bill is just a vehicle to reach everyone, but the money for any of those fees would go to that specific area(like library). Q. You say the electric bill will be less but how does that impact REA's capital credit program? It still seems like it could be a `double whammy'. A. It's a complicated issue, but REA doesn't pay those credits until the I ith year. That is a concern though. Assuming the 25% service rights fee continues, since it ends after 10 years, the electric bills would decrease more than the REA capital credit rebate. Zoning Q. Will there be any zoning changes in acreages? (sizes that range from 5.5 to 20 acres). If zoning changes, how does that impact taxes, and would it impact rural lifestyles (barbed wire or electric fences, etc)? A. The County reviews any plans for changes in zoning and the City has a corresponding land use designation similar to the County. `Urban Estate' is residential and allows subdivision, etc. The zoning would change very little to what you can do with it now, and taxes would change very little. It's true the city doesn't allow barbed wire fences, but we're looking at the possibility of`grandfathering' that in as well as electric fencing. Q. Do covenants continue as they are? A. Covenants aren't regulated by the city or county. Covenants can be more strict than city regulations, but they can't be less strict. They won't really be affected. For example, if a covenant doesn't allow subdivision, that fact that the city does allow it won't override it. Q. The tax on a 5 acre plot of agricultural land is $20 year. How much would the tax increase if it's rezoned? A. The tax assessor looks at the use of the land. If you have a house on a property, even if it's a farm,the use is considered residential and so is the tax. Tax on the use of the land is a totally separate issue than what the zone is named (such as 'urban use' or `farming'). Comment: How can we believe that it would stay that way? That the city won't tax it on its potential use? A. The city doesn't tax on potential usage. Q. Before annexation, will the city have the zoning and use `nailed down' and clear? What the zones are called and what the use will be? A. It is already nailed down. When the land is annexed. 90% of it will be zoned according to the city structure plan that already exists. For the most part, you can look at the structure plan, and that will still be what it remains after annexation. Q. On the RUL map showing the properties west of Shields, it shows two zoning possibilities. (Pete Wray map). A. The structure plan map is parcel by parcel land division. It is a diagram of the city showing land use patterns. In any area where there would be more than one zoning option, what you prefer is what it will be. Q. Is it now the property owner's responsibility to know all about zoning? A. When it comes time for any zoning changes, you will be contacted individually and a formal process with explanations will occur. Q. Once the land is annexed into the city would we be able to continue the same exact use as we do now for agriculture? A. Peter Barnes is the ag. expert. We will get back to you after checking with him. After the meeting, Zoning Supervisor Peter Barnes provided the following information: "Any use that is currently existing and is legal in the county would be allowed to continue in the city until such time that the use is discontinued for a period of 12 consecutive months, regardless of the zoning district the property is placed into. In other words, a legally existing county use can continue forever unless it is abandoned for 12 months (the abandonment period does not apply if the property is placed in a City zoning district that allows the use. For example,the UE zone allows farm animals, therefore if a Storm drainage tailored to acreages Applewood and Ader Estates Outreach Meeting Monday,April 17,2006 7-8:30 p.m. Harmony Library Community Room Streets Q: Nothing will affect us more than if Fossil Creek Drive goes through to Crest Road,thereby creating direct access from Shields to Harmony. What are the plans for Fossil Creek Drive? In 1973 the County Commissioners promised that Fossil Creek Drive wouldn't go through. Is that promise still effective if we're annexed? A: We are not aware of any future long-range plans to connect Fossil Creek Drive to Crest Road. We do have a master street plan with connectors and arterials, and the City has a connectivity policy for developed neighborhoods. However, we are not aware of any future development that would trigger that connectivity. At this point, it would be pure speculation to say that it could happen. There is no City plan to develop the area and connect the streets. These properties are zoned Urban Estate, which is low density and does not require the connectivity. Q: The roads in Applewood are maintained to County standards. What will happen to them if we are annexed? A: The City has an ordinance regarding the condition and maintenance of streets. The intent is to keep those requirements in line with the County. If the County is maintaining your roads now, then the City will maintain them after an annexation. If the County isn't maintaining them,then neither will the City. Q: What will happen when the roads need resurfaced, or need curb and gutter installed? A: It depends on the neighborhood. If the homeowners association is already maintaining the roads in the County, then they will continue to do so in the City. Generally speaking, the City will not force any upgrades, unless there is a specific health and safety issue. Q: Could you inspect them now and tell us if they will need to be upgraded? A: I have a copy of our policies on road standards for anyone who would like to read about them, and we will post this information on the website. It would be very time intensive to inspect every road in detail and we are unable to do that at this point in time. Q: Our roads are not wide enough to upgrade to City standards, because there are irrigation ditches next to them. If we have to upgrade, what will happen to our ditches? lei A: In the past we have looked at neighborhoods specifically and separately to make improvements that are appropriate for the character of the neighborhood. Q: We are frustrated. We were told that the City requires curbs, gutters, electric streetlights and other things that are not appropriate for our neighborhood. You haven't answered our questions. Will we need curb and gutter? That 's a specific question. A: The City standards require concrete edge protection. Sometimes it has been curb and gutter; sometimes it has been a flat concrete gutter. If your streets meet County standards and are maintained by the County,then you will not need to make any improvements upon annexation. If you are not County-maintained, and do not want to be City-maintained, then you will not need to make any improvements. If you are not County-maintained, and you do want the City to take over maintenance of your streets, then you will need to install curb and gutter. NOTE: Later in the meeting, residents clarified that the County does currently maintain their streets. No changes to the road configuration will therefore be needed upon annexation. The City will not require curb and gutter. Comment: Please give us an official, binding decision for these specific issues. Comment: The City should go through all of these specific neighborhoods and tell us exactly what will have to change. Stormwater Q: I live on top of a hill. I'm not worried about stormwater. What sort of a fee am I looking at? A: Almost all of the Applewood properties are estimated to have a fee of $20.61/month. Council is currently considering a five-year phase-in, where customers would pay 20 percent of the fee the first year,40 percent the second year and so on until they are paying the full fee. The City also takes a different philosophical perspective on stormwater. The people on the top of a hill have stormwater running off of their property and contributing to the problem at the bottom of the hill. Additionally, safety in a flood does not just depend on where you live. It depends on where you work, where your kids go to school, where you shop and drive, etc. Q: Does the stormwater fee cover repairs to irrigation ditches? A: Most of the money is aimed at major waterways, such as the Fossil Creek basin improvement project, which will help get that water safely down to Fossil Creek Reservoir. However, we don't totally ignore small problems. We will work with property owners and the streets department to fix them, but we don't go through the City cleaning out every ditch, either. Q: Doesn't the City work with the County on some of these projects(Fossil Creek, etc.)? Doesn' t the County pay for part of it? A: No,the County doesn't pay for it. Q: Why hasn't Council decided on some of these mitigation suggestions, like the stonnwater phase-in? A: We are waiting to hold all of the meetings and hear from all of the residents. Electric Q: If our electric is being taken over, why are you not taking over our water and sewer as well? i A: The districts that serve water and sewer are government agencies that are established by the state constitution. They are different than the electric utility. i Q: If we are transferred from REA to City electric, will we have to buy the poles? A: No. The City does that. Q: Will we have to pay for the purchase of those poles? A: No. In addition to buying their poles and wires, we are required to pay a customer transfer fee equal to 25 percent of the bill for ten years. As of today, we will pass that transfer fee cost on to the customer. However,the City rate is approximately 25 percent less than REA's rate, so even with that fee added in, most customers will see a decrease in their bills. Q: Can you put what our electric bills will be on the website? A: No. It's a privacy issue. We can't legally put that information online. However, if you provide us with your specific information for your property, we can show you what your rates will be. Comment: We use more than 750 kWh per month, so our rates will go up. A: Not necessarily. If you are above approximately 1300 kWh, then you will receive a different rate. If you are between 750 and 1300,then you might see an increase of about $2-5/month. Q: What is the timeline to change out the REA equipment and transfer the customers? A: There is no timeline. We will do it as quickly as is practical. It will take a while, however, to prepare for the transfer. Q: Is it possible to put the electric model on the website so that people can input their own information, calculate their bills, and still maintain privacy? A: We will look into that. Note: staff members are still trying to determine if this is feasible. The model requires some specific information that may or may not work online. Zoning Q: How much trouble would it be to change the zoning if the City wants to? A: The City is required to place properties in zones upon annexation. We have guidelines for that, but if a property owner wants to discuss it, then we would. Q: What would prevent the City from changing to a higher-density zoning? A: Ultimately, the guarantee that the zoning won't change is identical to the guarantee the County can provide. If the whole area is Urban Estates,the chances of something popping up to change that zoning are very small. It would have to be a logical, public process. Comment: Our basic concern is that Fossil Creek Drive will be pushed through to Crest Road. You've already indicated that it's unlikely to happen, and that any future Council can overturn any decisions made by this Council. There is little risk for them to give us a guarantee that this won't happen. A: We can make this recommendation to Council. Code Enforcement Q: What is Code Enforcement doing? Is this a revenue-raising tactic by the City? A: No. We enforce private property nuisance issues, such as noxious weeds, refrigerators in the yard, un-shoveled d rives, etc. j Q: Right now we have 1.5 acres and three horses. If we're annexed, we can only have one horse per pasture acre. Is this true? A: Any legal existing use in the County can continue grandfathered into the City. The City requirement is %,-acre pasture per horse. Comment: We don't want to just be grandfathered. We want it to remain in perpetuity. I Q: Does the City have a 6-inch grass limit? A: That's for residential lawns. It's 12 inches for an undeveloped lot, and if it's a pasture for grazing, you can let it grow. We do have a noxious weed ordinance. Q: What if a neighbor complains that our horses smell? A: The Larimer County Humane Society will still deal with that. They deal with all of the animal issues within the City. For specific neighbor conflicts,Neighborhood Services offers a voluntary mediation program if you're interested. Comment: Things like the leash laws and the fact that using guns or rifles isn't allowed within the City would significantly change the character of our neighborhood. Q: What are the requirements regarding electric fencing? A: Existing electric fences will be grandfathered in, but you cannot build a new one. We will suggest it as a mitigation measure. General Comment: We don't want to give you the impression that we are resigned to the fact that this annexation will take place. Our number one issue is that we want the City to back off from the annexation. Q: We really don't want this annexation to happen. Why doesn't the City listen to us? A: That is why we are holding these meetings throughout the enclave. Q: If we are annexed, how many people would it take to recall City Council? A: 1 have no idea. Q: What is in it for the City to go against 3,000 people? Is there a lot of money to be made?No matter how you look at it, this annexation is a losing deal for the City. A: We are pursuing this because we have a 26-year history of honoring the Intergovernmental Agreement(IGA)with Latimer County. Q: Could the City and County revise the IGA? A: They could, but right now we believe it is important to honor it. Comment: No one has addressed the possibility of litigation. If this group were to bring a lawsuit, we could tie the City up in court for ten years. The best thing is for you i to back off. Q: If the cost of honoring the IGA is borne by us, shouldn't we be consulted? This is a very fundamental issue. A: Noted. Comment: The state statute doesn't say anything about using open space dollars to purchase land and create an enclave. This could be a serious legal issue. Q: The Imperial Estates neighborhood (bordered by Horsetooth, Drake, Taft and Royal Hill)is an enclave. Why have they not been annexed? A: They are not an enclave. That portion of Taft Hill is not within City limits. Q: We have seen many conflicting maps of the City limits. Could we have an accurate map of the current City boundaries, including the small parcels that are enclaves? A: Note: this map has since been provided. Q: How can you create and enclave when the City doesn't own the railroad tracks? A: Throughout the City there are tracks within City limits. The area of this enclave also goes beyond/surrounds the tracks. Comment: We want to see everything in writing, with answers that are binding on the City and are specific to our individual neighborhood. Q: If we are annexed in phases, do we have to be notified before it's our turn? A: If we annex in phases, we will provide notification for each phase. Comment: When the City takes over the electric, the City can add fees to the bill, which would ultimately raise the cost. We are frustrated, because we have to know how to specifically ask these questions in order to fully understand what is happening. Q: Since the state is considering allowing homeowners to vote on an annexation (HB1159), it would be astute for Council to allow us more of a say in this thing. Would Council consider taking under advisement what the state is doing and let us vote? A: We can ask them. Q: Is it true that the City doesn't have the money to protect us with police officers if we' re annexed? i A: This is the main reason the City is proposing annexing in phases. Q: What is the revenue needed to staff the police in this area? A: It takes 12 police employees to cover the whole enclave, which would cost$1.6 million. Mitigation Suggestions We don't WANT annexation We do not want a connection between Fossil Creek Drive and Crest Road Can we have the IGA changed? We do not want curb and gutter,we want to keep the rural feel Each neighborhood should be informed about the exact impacts on their individual streets Same for cost analysis Want the grandfathered use of horses to be in perpetuity, not just for current owners (affects property values) Could Council respond to the legislative initiative and hold a vote? Could electric fences be allowed for pastures(beyond grandfathered fences)? Scenic Knolls Neighborhood Outreach Meeting Monday, April 24, 7-8:15 p.m. Harmony Library Community Room Q: I have calculated that if we're annexed, my wife and I will be paying$834/year in additional taxes. Why us? Nothing's going to change around us. Our lifestyle will stay the same. We're assuming we're going to be able to keep our horses and that we won't be required to put in curb and gutter. Why should I expect to pay more when I don't want to come into the City, and nothing will change? This is terribly unfair. A: You speak for a lot of people who feel the same way. There are several reasons the City is pursuing this annexation, but the two key considerations (which we realize are not popular with many people) are: The City and Larimer County have had an intergovernmental agreement(IGA) in place for 30 years. As part of that agreement, the City will annex enclaves. Equity—most of you probably go into Fort Collins often, and you probably use Fort Collins facilities and services, and yet you pay less in tax than other City residents. Comment: One could argue that the intent of that IGA was that there would be houses and businesses surrounding an enclave. In this case we have open space. This is a technicality. You don't have to go beyond us to provide City services. A: There are a couple of residential neighborhoods south of this enclave that are in City limits and receive City services. However,this is a point worth considering and many people have brought it up. A: No Patrol positions were cut. Q: The national standard for police is two cops per 1,000 population. Fort Collins is already operating on less than that. Additionally, the City is cutting salaries and benefits for all employees, and you're not going to get any money from this area for several years. How is this a good business decision? A: A residential area will never pay for itself in sales tax revenue. If we only annexed based on revenue, we'd have a City built along all of our arterial streets, and none of the residential areas would exist. As for the formula to figure police protection, there are several different factors in calculating that, including the take-home vehicle option, crime rates, etc. Comment: You all have taken over these open spaces out here, yet you can 't afford to maintain them. But you still keep taking on more open space. That doesn't make any sense. Comment: We should be able to vote about this. People would feel a lot better about the whole thing if we had a say in it. Q: Is it strictly the intergovernmental agreement(IGA)that requires the annexation? A: Yes. When the IGA was developed 30 years ago, the County established that they would like the cities to provide urban services. Because of this, there are IGAs between the County and Fort Collins, the County and Loveland, and the County and Estes Park. The IGA states that cities will "pursue"annexation of an enclave. The word pursue had to be used because a group of elected officials cannot commit a group of future elected officials to action. However, the intent and the understanding between the City and County is that the City will annex enclaves. Q: Why is this annexation only going to Trilby Heights? The population density is just as much further south in Victoria Estates. What's the magic line, and why? A: The Growth Management Area(GMA)was originally based on the sewer districts and where they would be able to provide service. We also took into account the policy to keep community separators in place to prevent Fort Collins and Loveland from growing together. The north boundary of Loveland's GMA is CR 30, and the south boundary of Fort Collins' GMA is CR 32/Carpenter Road. Victoria Estates is just north of CR32/Carpenter Road, and is therefore not an enclave and never will be. They would only be annexed if they asked the City to annex them. Q: How does the City's water service compare to our current service? A: There will be no change. You will still be customers of the Loveland/Fort Collins Water District. Q: How will we be assessed for property values? A: That will still go through the County Assessor's Office. There will be no change in that process. Q: How do you pay off your stormwater bonds? A: Since 2004, we have been on a pay-as-you-go basis. We don't sell stormwater bonds anymore, but instead collect from the property developers and rate payers. We use those collections both for operations and maintenance, and for capital projects. Current bonds are also paid off with the funds collected from developers and rate payers. Q: Define urban services. A: There are the health, safety and welfare protection services, such as police, fire, electric,water, roads, etc. There are also quality of life services like parks and recreation, cultural centers, neighborhood services, etc. i Q: What will the 3,100 people here receive as urban services that they do not already receive? A: Proactive code enforcement, which will help with aesthetics and neighborhood quality, is one example. HOAs often call on the City to help enforce their codes. Q: If City codes aren't as strict as the HOA codes,then won't it be harder for the HOA to enforce their standards? A: No. If HOA regulations are stricter than the City codes, then HOA rules trump the City's. The only time this isn't true is in the case of the"conservation ordinance," which prevents HOAs from preventing clotheslines, xeric gardens, and compost bins. Q: I've heard that the cost of building permits is much higher than in the County. A: That is not true. The cost of the permit is actually a bit cheaper. Q: We currently pay for Poudre Fire Authority through a property tax mill levy. That will go away, so how does the City make up that cost? A: Part of your City property tax will go to PFA. The cost is essentially a wash. Instead of paying PFA, you get the same service; it's just funneled through the City. Following the meeting these details were provided by staff from the City Budget Office: Approximately 60% of the property taxes go to the PFA. The remaining funds are General Fund revenues that support a portion of all General Fund departments or subsidized departments. For example, in 2006 the total estimated property tax revenue is $13,574,749. Of this amount one mill ($1,385,602)plus a percentage of property tax per the Revenue Allocation Formula(RAF), adjusted by TABOR limitations, is given to PFA. The total property tax contributed to PFA is about$8 million. TABOR limitations currently decrease the amount contributed to PFA per the RAF. PFA may not necessarily receive 60%of the new property tax through annexations because of the TABOR limitations. Mitigation Suggestions: Put lower electric rate recommendation in writing, with a timeframe (10 years) Exempt enclave residents of ANY new fees Ask people if they want to be annexed—put it to a vote Trilby Heights and Lynn Acres Neighborhood Outreach Meeting Monday, May 15,2006 7-7:50 p.m. Harmony Library Community Room Q: At the last meeting,you were talking about annexing in phases. Do you have lei timeline for those phases and a map of the areas? A: Council is currently discussing annexing in two phases. The first phase would be all of the commercial properties along College Avenue. The second phase would be everything else. There is no real timeline for that right now. That is something Council will have to weigh when they make their decision. Q: I use my horses as part of my livelihood. If we're in the City, then I won't be able to keep as many animals. What is the City going to do about that? A: Anything that is currently legal in the County will be grandfathered in and will be legal in the City upon annexation. The City's animal ordinance, as it pertains to horses, is one horse per %z-acre of pasture. This is similar to the County' s ordinance. Q: Our streets are not up to the City's requirements. Who will bear the cost of upgrading them? A: The City will take over the same maintenance that the County provides. If the County currently maintains your streets, then the City will maintain them. If a Homeowner's Association or the property owners maintain the streets,they will remain privately-maintained. If the property owners decide they would like to upgrade the streets to City standards, we have a Special Improvement District(SID)process very similar to the County's. If you upgrade the streets to City standards, then the City will take over maintenance in perpetuity. Q: So we're not required to upgrade our streets? A: No. You would have to fonnally initiate the process. A: Electric: Council will make the final decision regarding the electric transfer and the fees involved. REA got a state statute passed that requires municipalities to pay a 25 percent surcharge on customers' electric bills for 10 years to REA for transferring their customers from REA to City Light and Power. Historically,the City has passed that fee on to the customers. City staff has discussed this issue at length, and we will recommend to Council that the 25 percent fee be reduced to a 5 percent fee, so that everyone will see a substantial drop in their electric rates. Q: What about the stormwater fee? None of the properties in this area have any stormwater issues,so why do we have to pay this? A: The City Code currently charges a stormwater fee based on all developed property,not on any undeveloped pastures or fields. Council is currently considering phasing-in that fee over a five-year period, in which you would pay 20 percent of the fee the first year,40 percent the second year, and so on. The average fee for a residential property is no more than approximately $20/month. Commercial properties are assessed based on the amount of impervious surface. The idea is that the whole community benefits from having adequate drainage facilities. It affects where you work, drive, go to school, and shop, in addition to where you live. It's a community-wide health and safety issue. A: Taxes: There is virtually no difference in your property taxes. The only change is that the 9.3 mill levy for Poudre Fire Authority is replaced with a 9.7 mill City property tax. You will also have to pay City sales tax on delivered items. Q: For street upgrades, do you charge the property owners by their frontage footage, or by the square footage of the lot? A: Lots of neighborhoods these days have curvilinear streets,and so most often we asses each lot equally for the cost of the street repairs. Q: Some property owners have landscaped right up to the edge of the roads with trees,etc. Is there an easement designed into these properties in case a sidewalk is installed? A: We don't know specifically for these lots, but unless the property owners approach the City, we will not require them to install a sidewalk. Q: What about the landscaping and trees on public right-of-ways, such as buffers to the roads, etc? A: We try really hard not to cut down trees. If we have to,then we will purchase the tree from the private property owner and replace it with a new tree. Q: If you grandfather in the current owners' livestock, and what they have is greater than the City allows, what will happen if they sell the property? A: The livestock limit is still grandfathered in. Q: Are llamas and other livestock allowed in the city limits? A: After the meeting, staff researched this question: Yes. Farm animals are currently allowed in the Urban Estates(UE) and Foothills Residential (RF) zones and will be allowed in the Rural Lands District(RUL) when the new zone goes into effect. The land use code offers a definition: "Farm animals shall mean animals commonly raised or kept in an agricultural, rather than an urban, environment including, but not limited to, chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules." Q: If you phase us in and I'm in the 2nd phase, and I want to put in a garage, who do I go to for a building permit? A: You will go to the County for everything until you are officially annexed. Comment: Based on the City's budget problems, I don't see how the City can afford to do this. Comment: This enclave was created from open space. Why don't you leave us to be the buffer? We don't want to be in the City—that's why we bought land out here. Q: Regarding the roads and land use, if you annex something, then does the County tell you what the current situation is for that area? A: For streets they do. This is usually achieved throughjoint meetings with the City and County departments. There is not an inventory of the different land uses, although there is a staff report. We do not go out and count animals, etc. If Council annexes,the ordinance will outline the land use. Comment: You should document the current land uses in order to address any future disputes. Comment: You should put specific examples of what will happen on the web site. ----------------- Comment: Council should put in writing that any of these mitigation measures are protected from possible changes by future councils. Q: The City probably has more staff available for code enforcement than the County. How is that going to affect us? A: Violations of any nuisance code are not grandfathered in. We have four inspectors who patrol for many different codes. If there is a violation, the property owners will receive a written notification. For example, if there is an inoperable vehicle, then you will receive a notice requiring that you either get it operable, or screen it from public view by placing it in a garage, behind a fence, etc. Our staff is realistic in determining what a visible offense is and in considering any complaints we receive. Comment: You should have County staff available at the work session to address some of these questions. Q: Has anyone checked your nuisance codes against the proposed RUL zone? For example, operating farms have manure piles or tractors on the land. A: Our outdoor storage code goes by what is ordinarily attended upon that property. If it is a working farm,then anything that is ordinarily on a farm is okay. Q: Are you going to have a transition committee for this annexation, made up of City and County officials, as well as representatives from the affected citizens? A: We will look into that once we get further direction from Council after the June 27 work session. We will do what the law requires. Fairway Estates Neighborhood Outreach Meeting Monday, May 22,2006 7-7:50 p.m. Harmony Library Community Room Q: Is the City still considering annexing in phases, or will they do the whole area at once? A: The latest conversations have been about phasing in the businesses first, and then the residential areas. Q: If they annex in phases, when would Fairway Estates be annexed? A: That's a good question. We would have to wait until we could provide the services. We cannot give a specific time right now. Comment: Sometimes when we order dry goods and have them delivered to our homes, we are still charged City sales tax, even though we're outside City limits. Based on our addresses and zip codes, businesses are assuming we're in the City. The City is already getting some revenue stream from us because of that, so your revenue projections might be higher than what you will actually collect from us. Q: What is the cost, lot by lot, of the stormwater fees? A: For your specific cost, you can talk to City staff after the meeting, or call our stormwater office. On average for this neighborhood, it ranges from $13-$20/month. Council is considering phasing that fee in over five years—in the first year you would pay 20 percent of that fee, the second year, 40 percent, etc. Comment: It seems unlikely that Council will annex in phases, because of the budget shortfalls. They would want to annex us all at once so they could start collecting the stormwater fees, and the electric fees, etc. A: The budget shortfalls are in the General Fund, which is separate from our water and electric utilities. Collections from those utilities will not affect the General Fund or the budget shortfalls. Q: What about septic tanks in the area? A: Your septic systems will continue to be regulated by the County Department of Health, and so there will be no difference in the regulations. The County does require that if a septic system fails, and is within 400 feet of a public sewer, then you must connect to the sewer. Annexing this area would not cause any change to those rules—it will still be governed by the County. Q: What about streetlights, or curbs and gutters? Are we required to install those? A: Streetlights will not be forced. They are available if the neighborhood chooses to install them and agrees to pay for it. It is the same with streets. Nothing is forced. Q: Are our streets up to snuff? They are currently maintained by the County. A: If your roads are accepted and maintained by the County, the City will take over the same maintenance. There will be no repairs or upgrades required. Q: Has City staff come out and evaluated our streets to determine whether they will be accepted by the City? A: No, we have not evaluated individual streets. We will takeover whatever level of maintenance the County does currently. The County and the City have the same street j standards, so if the County maintains your streets, then they will also meet City standards, and the City will maintain them. Q: What is the status on discharging firearms? A: Some people have suggested it be allowed. However,that is one issue that there has not really been any budging on. The police feel very strongly that we should keep the code as-is,which prohibits discharging firearms within City limits. Comment: Twelve years ago we created a Special Improvement District with the County to upgrade our streets, and that SID has since been paid off. Q: Regarding septic tanks, is that 400 feet to the septic tank or to the property line? A: We believe it's to the property line, but that is a County regulation, and they would have the answer to that. The South Fort Collins Sanitation District will also have maps of any sewer lines in the area. Q: Can we keep the barricades on Palmer Drive? A: Yes. It's working, so you can keep them. Comment: These are the main issues we wanted to see addressed, and we've covered most of them now: Curb and gutter requirements Keeping the barricade on Palmer Drive No required streetlights Continuation of the South College Access Plan Snow removal The right to keep livestock per the County code Our internal commons area will remain private(not turned into a City park) Phase in the annexations Create a special zone allowing the discharge of small-caliber firearms Spraying for West Nile Virus Noise barrier along Harmony Q: What about our electric fences? A: The original code says that in the Urban Estates (UE)and Rural Lands (RUL) zones,electric fences are allowed to be grandfathered in, but they cannot be moved, and you cannot install new ones. However, in many of these meetings we 've heard that you need to be allowed to move those fences for pasture management. We will propose a change to the code to allow them to remain and to move, and to allow new fences, as long as the existing and new fences are not over a certain amperage. Comment: Please consider that some properties are 2-acres or more, with no horses, bu t could potentially have them. New electric fences should be allowed as well. Q: If you don't have livestock, could the person you eventually sell to then have livestock? A: Yes. Farm animals are allowed in this area which will be zoned Urban Estate. Q: We will change our electric service and pick up the stormwater, but the Fort Collins/Loveland Water District stays the same. State statute says that we will receive identical services as City residents. Why is this one issue different? A: Twenty years ago, the Fort Collins/Loveland Water District and the City Water agreed on a boundary line. There has been a lot of growth on the south end of town, and so there are many City residents who are serviced by the FC/L Water District. We decided it was best, and most efficient,to honor that boundary. Our plants are side-by- side, our treatments are the same, and sometimes we sell each other water. The service is the same. The cost can vary a little bit— it depends on a lot of different variables. A: Regarding electric: Your electric bill will be approximately 35-40 percent lower on City electric than on Xcel. Q: Our electric service with Xcel has been less than desirable(flickering lights, etc). Will that change with the City? A: Problems in your service can be caused by many different things, some inside the home, some outside. We can come out and test for different problems to see where your specific issue lies. Initially we will purchase the facilities from Xcel and connect them to our source. Over time we will evaluate and replace equipment, and put overhead lines underground. Q: What advantages are there to me and what advantages are there to the City to annex this area? A: The City and the County have an intergovernmental agreement(IGA)that the City will pursue annexation of enclaves. The County wants the City to be the provider of urban level services. Some of the benefits to the residents include cheaper electric bills and faster emergency service response. I i Q: Our current property tax includes a mill levy that goes to PFA. The City's property tax doesn't have that. Where does PFA get their money from City residents? A: City and County property tax rates are very similar. The money for PFA does come out of property taxes,but it comes through the City's general fund. Comment: The only thing I've ever heard people complain about us not paying is the library service. Comment: We shouldn't have to pay the 25 percent REA fee. The City should absorb that and then use the lower electric rate a benefit for us to come into the City. A: Currently Council has stated that they will pass that fee on to the customer. State law requires that cities pay REA for annexed customers. Comment: The benefit should be ours and the cost should be the City's. Not the other way around. Q: How do you determine our stormwater fees? A: The intent of the stormwater utility is not to charge for undeveloped property— pastures, fields, etc. It's the area around your home that looks more like an urban lot, and that is more likely to create runoff, and we place a '/2-acre cap on that area. So unless you have tons of outbuildings, we're only going to look at what's developed. This comes out, for most of your properties, to approximately$20.61/months. Council is considering a phase-in of those fees, in which you would pay 20 percent of the fee the first year, 40 percent the second, and so on. Q: What does the average property owner in the City pay for stormwater? A: The average throughout the City is almost $15/months, based on the average lot and house sizes. Your properties would pay slightly more because you generally have larger areas of developed property. Q: What projects are funded by that fee? A: Right now we are spending about $5 million/year in major regional capital projects. This year we're working on Fossil Creek to enlarge the culverts at the railroad tracks near Timberline and Trilby. What we don't spend on capital projects we spend in operation and maintenance, cleaning out culverts, etc. Finally, the City must have a discharge permit as mandate by the EPA in order to run off into the state waterways. As part of that permit, we must monitor pollution, water quality, etc. Q: It sounds like you're talking about new development. We've been established for years and the developer took care of our stormwater needs. A: The water still runs off of your lots. Our philosophy is that it doesn't matter whether you live at the top of the hill or at the bottom. We all contribute to the problem. Stormwater is notjust about where you live either. It's about where you work, play, send your kids to school and shop. Q: My water doesn't run off my property. It soaks into the ground. We shouldn't have to pay for new development. The developer should pay for it. A: We have found that in old Fort Collins and old County, the older facilities are not adequate. We recognize that the majority of your property absorbs the water, which is why we calculate your rates based on the area that is developed. Q: How far do you take this? What about the runoff that comes from further upstream and in the foothills? A: We do work with the County on stormwater issues, but they do not provide any financial support for these projects. Q: I would agree that we need to work on the mitigation of that stormwater fee. I don't have runoff from my irrigation, yet I'm at the highest rate. Very little of my water gets off of my property. Why are we not closer to the average rate? A: Using that 'h-acre as an estimate of your developed area, we calculate a combination of permeable and hard surfaces. About 90 percent runs off of hard surfaces and 20 percent off of permeable surfaces. We take that combination to get the bill. The average City lot has 8,000 square feet of hard surface, which may be the same as your lots. However, they have much less permeable surface. If we're using that '/2-acre around your house, you have more permeable land, which does begin to add up. Q: Part of your service is to take care of the non-100-year flood, and our property will absorb all of the water from those. We can't build and plan for the I00-year storm. A: We are required by FEMA to prepare for the 100-year flood. We do not protect for the Spring Creeks and the Big Thompsons, which are 500-year floods. Q: Do you have a stormwater budget set up for all this new income from this area? A: At our current rate projections, we will probably finish these major capital projects in about 2035. If this area in annexed, there will be additional revenue, which might allow us to finish around 2034 %. We are not counting on the revenue from this area, nor is our budget dependent on the stormwater fees should this area be annexed. After our capital projects are complete, the stormwater fees will go down to just operations and maintenance. Comment: I don't disagree with this stormwater issue, but we don't get to vote on anything. We should be able to pay closer to the City average. Comment: You can drag me into the City and make me pay these extra fees, but if I don't think it's fair, I don't have to shop in Fort Collins. I've been a loyal Fort Collins person for 30 years, but I can change that. Q: Will the City take over maintenance of our roads? A: If the County maintains them now, the City will maintain them. If not, we won't. The City will maintain your roads to the extent that the County currently maintains them. Q: What are the road standards for the City? A: Each street is engineered specifically with regard to soil type, traffic volume, etc. We have different standards for different kinds of streets. Q: So there is no plan for the City to come in and redo our roads and put in sidewalks, etc? A: No. Q: So in 20 years if our roads are falling apart, would the City repair them? A: If it's a health and safety issue,the City will repair them at no cost to the property owners. If it' s not a health and safety issue, but you would like them repaired, then we can discuss the options, including a voluntary improvement district. We are currently in the process of getting a list from the County of all the County-maintained roads in this area. Q: Currently the County comes in and plows our streets after a snowstorm. The City will not, is that correct? A: The City does not plow residential streets except for bus routes. Q: Many County streets are chip sealed. Does the City do this? A: We don't use chip seal. We use a similar treatment called slurry seal. We would use this method in place of what the County does. Q: I feel like I've paid for the electric lines. Assuming the City will pay the 25 percent REA fee instead of passing it on to us, will the City decide to put our lines underground? i A: As of right now there is no budget to do that. To convert lines in annexed areas would cost approximately $3,000 per lot, which we do not pass on to the customer. As of right now we will probably not convert your electric lines unless it gets to the point where it costs more to maintain them than to put them underground. Historically we have never passed that cost on to the customer. Q: Often carpoolers will park on our lawns, etc. We've left notes and nothing works. Will you allow people to park on our roads? A: We do have an ordinance that prohibits parking on yards. Streets and public rights of way are different. If the ditch is on private property,then it is in violation of that ordinance. Often borrow ditches are part of the public right of way. Perhaps your HOA could address this specific issue. Or, the City's Neighborhood Resource Office could help you try to figure out the specifics and work out a solution. Q: Most of the houses out here are on septic tanks. Will anything change with those? A: Septic systems, whether they are in the City or the County, are regulated by the County health department. There will be no change if you are annexed. Q: Let's say we're annexed and we're within 400 feet of a sewer line, and then there's a change of owner. What happens then? A: There is no change. Only if the septic system is malfunctioning and you need a permit to repair it, and if you're within 400 feet of a sewer line, would the County step in and require you to connect to the sewer. Q: Are electric or barbed wire fences allowed in the urban estate zoning? A: The annexation agreement will say that uses that currently exist in the County will be permitted to continue, even if there's a change of ownership. However,the code states that you cannot move electric fences or bring new ones in. We can suggest a change to that requirement as a mitigation measure. Q: We never get any feedback. When are we gong to know what's going to Council as these mitigation suggestions? A: We will track all of these questions and answers on the website, fcgov.com/swa. City staff will go to the Council work session on June 27 to talk about these mitigation suggestions, and we will know more about the process after that. You will be informed as this process continues. Q: If Scenic Knolls is annexed, what will we be zoned? i A: Urban Estate. This is a residential zone that allows for potential subdivision up to -acre lots. i Q: What is the possibility that the City will use eminent domain to develop our property? A: Absolutely none. The City does not develop property. It would never happen. Mitigation Suggestions No annexation The lower City electric rate should be a benefit. Don't pass on the 25 percent transfer fee Regarding slormwaler, either don't charge established neighborhoods for new development, or lessen the cost Undergrounding the utility lines would be desirable Allow discretion of moving or uninstalling/reinstalling electric fences in pastures —should also apply to future landowners Different forum for discussion outside of work session discussion—would like a panel discussion with Council Mountain Valley, Wildflower, Scheel,Midway/Hirsch, Fossil Crest, Miscellaneous Neighborhood Outreach Meeting Monday, May 1,2006 7-8:05 p.m. Harmony Library Community Room Summary of Complaints: We live in a democracy, but we have no voice. The County Commissioners don't listen, and the City doesn't listen. That's what antagonizes us the most. There's the power issue—having to buy back the poles and lines that we've already paid for is a huge impact. So is the stormwater fee. Everything is an increase and we're trying to look for any benefits we might get. Grading roads is about the only good thing that might come from this. We believe this is a losing proposition for residents and for the City. We wonder why it's being done at all. The intergovernmental agreement (IGA) is not a sacred document that cannot be amended. A: Regarding electric: REA got a state law passed several years ago that says that whenever an annexation occurs,the city must pay 25 percent of all revenues to REA for the next ten years. As of today, that 25 percent is added to the customers' electric bill. However, on the residential rate,your bill will be about the same as it is now. Our rate is approximately 25 percent lower than REA's. The commercial rate varies depending on the property, some will still save money, and the worst case scenario is that it will be approximately 15 percent higher than REA. The 25 percent fee is not to purchase their poles and wires—that is a misconception. That fee is a penalty for taking over their customers. We also have to purchase their poles and wires,but we do not pass that cost on to the customers. There is much discussion among City staff regarding whether the 25 percent fee should be passed on or not. lei Q: Is there room for discussion as to who will pay this fee? A: We are currently discussing alternatives to lessen the impact on residents. We will me making recommendations and presenting several options to City Council. Q: How much does it cost to buy all of REA's poles? A: It's a fair amount of money. Virtually everyone in this area has overhead lines. The City has just completed converting all of our lines to underground. Our intent is to work toward putting lines underground even in newly annexed areas, and we will not pass that cost on to the customers. Q: Why is the electric system different than water and sewer? Why doesn't that change? A: Water and sewer are pre-established districts. For another entity to serve within the City,there would have to be a franchise agreement, which would include additional taxes and a franchise fee. Q: What about our septic tanks? A: Septic systems are issued and administered through the County, even when they lei are within City limits. There will be no change. Q: Does a franchise fee have to be expensive? Couldn't it be cheap? Why aren't we consideri ng that option? A: We doubt seriously that this would be considered. In the long run, it would still be more expensive for customers. Q: Will you hire more staff to take care of the additional lines? i A: We won't need to. A: Regarding Stormwater: We charge a stormwater fee for all developed property (not pastures, open fields, etc.), and we calculate that fee based on the areas that have buildings or other impervious surfaces. In this area,most residential properties will have a stormwater fee of about $20/month. Our philosophy regarding stormwater is that everyone benefits from having the systems in place,regardless of whether you live on top of a hill or on the bottom. We all also benefit from proper stormwater drainage in the areas we work, go to school, drive, shop, etc. Currently, Council is considering phasing- in that fee over five years, in which you would pay 20 percent of the fee the first year, 40 percent the second year, and so on. In this area there are some undersized culverts that will be replaced under this fee. The funding will also help to maintain other facilities and plan for major stormwater events. i Q: Will you re-fly the area to get accurate maps of our properties? A: We have aerial shots of all of these properties. If the annexation goes through, we will physically walk the fields and properties to calculate each site on an individual, site- specific basis, for those property owners who wish to do so. A: Regarding Roads: The City's policy on annexed areas is comparable to the County. If the County maintains your roads now,then the City will maintain them upon an annexation. If your HOA maintains them,then your HOA will continue to maintain them. The City does have a Special Improvement District(SID)process, where the property owners can create an SID to have the City come in and make any improvements. On City-maintained gravel streets you could expect them to be graded by the City 2-3 times per year. Q: When the SID process happens, can the property owners choose whether they install sidewalks, curbs and gutters? A: The Citv has an array of street classifications that have different requirements. Most Urban Estate lots do not require sidewalks. This classification does require a concrete edge, which could be achieved through curb and gutter, or through a different form of edging. Q: When Shields Street is ultimately widened (between Fossil Creek Drive and Trilby Road), who will pay for that? We've already dedicated 30 feet for the right of way. A: We require and additional 27 '/2 feet be dedicated to the City as part of the right of way for a major arterial street. This dedication typically happens as properties develop, and it is achieved as a condition of development. For properties that are already developed,the City will purchase the right of way at a fair market value. To pay for the actual widening of the street,the process is much the same. If it's newly developed property, then the developers will pay that cost as a condition of development. If it's existing development,then the City will pay the cost. A: Regarding Taxes: The only change in your property tax would be that the Poudre Fire Authority mill levy (9.3 mills) goes away, and the City tax comes in(at 9.7 mills). The difference is a virtual wash. Also,you will be required to pay City sales tax on any delivered items. A: Regarding Zoning: Note: Visit http7//wvAv.fcqov.com/advancel)lanning to learn more about the proposed Rural Lands (RUL)Zoning District and view the Structure Plan map. In 1997 with the initial version of City Plan,these rural and open lands were designated "green" on the Structure Plan Map. In 2004 City Plan was updated, including distinguishing rural lands as a separate land use designation on the Map. We always knew that we needed a zone to match the Structure Plan Map designation. To date, Council has not adopted specific zoning for these areas—we are still meeting with the affected property owners to discuss the options and specific language. We hope to present a Rural Open Lands (RUL)Zone proposal to Council soon. The intent of the RUL is to be a zone for privately-held lands including open space that is privately managed, existing rural estate homeowners and future residents in these rural areas designated on the Map. In developing this zone, we looked closely at the corresponding County zones (FA, FA-1, AP and RE). We tried to keep the same aspects of the County zones in place while still coming up with a more streamlined system for City purposes. The proposed RUL zoning describes residential use as rural estate with a base of I dwelling unit per 10 acres. A clustering option is allowed based on I dwelling unit per 2.3 acres clustered on 20%on the property, while leaving 80%of the residual land as open space under private ownership. The next closest residential zoning we have in place is Urban Estate, which allows up to 2 dwelling units per acre. Q: What could happen in the future with development? What are some of the long- range plans? A: Again, this new zoning classification provides an additional choice for land use that we did not have previously. Existing property owners and or prospective developers will determine when future development will occur. It is up to the private market. We envision this area west of College Avenue primarily as a rural estate residential area. Any future development will reflect this low density rural pattern. Code Compliance: Q: The Russian Thistle is horrendous in the Hazaleus Natural Area. Before, when it was in the County, there wasn't this issue. It's also a fire hazard, because it hasn't been mowed down. A: If we've got noxious weeds growing on City property, then we've dropped the ball. We don't patrol those areas as much as we do some of the spaces in our neighborhoods, but we will check on this area. NOTE: After the meeting, we received the following update from Matt Parker, in our Natural Areas department: Generally we will look to spray for Canada thistle starting about the third week of May(through late June)or so,just after the plant has bolted. As for the Russian thistle, we'll have to go and take a look to see how much there is, and where it's growing. We don't typically have a lot of issues with Russian thistle. Additionally, we will be utilizing a herd of sheep to graze both Hazaleus and Colina Mariposa this year. Additionally, we do have GIS layers of all the vegetation management we have performed for previous years, if that is of interest to you. Q: Does your budget allow for this? A: Yes. Council believes very strongly in code enforcement. The City is not exempt from the codes that they expect the residents to abide by. General Q: You've all done a great job of explaining how this isn't that bad. But what's good about it? A: That is a tough question. As we've said before, what is driving the City to do this is our longstanding IGA with the County. This is how land use has been addressed in the past between the two entities. Q: If you didn't have the luxury of a forced annexation, how would you convince the people to vote for it? A: The immediately tangible benefits are more police protection, a lower electric bill, especially if we do some of these mitigation measures, and better roads. Q: The people here with larger acreages don't want to develop now. If they did in the future, couldn't they then ask the City to be annexed? Doesn't that make a lot more sense? A: This goes back to the issue of having a larger enclave within the City limits. It's a challenge for the County to maintain this area. They'd prefer that the City take it over— it's more efficient that way. Comment: The County says they can't afford urban services, so the City should provide them. Yet the City is going to create this RUL zone, and still not provide urban services. And we don't want urban services. We' ve never had a problem with the status quo, yet you're still coming in and saying that you'll fix this for us. Q: What's the consequence of Council waiting to annex? A: No consequence. Q: The City did this backwards by annexing open space to create an enclave. Why are we still following the previous City Manager's policy for annexing open space, when it's so divisive for people? A: Q: The City did this backwards by annexing open space to create an enclave. Why are we still following the previous City Manager's policy for annexing open space, when it's so divisive for people? A: NOTE(after the meeting, staff provided the following response): The City annexed the open space lands outside of the Growth Management Area (GMA) as a strategic action to have more control of these acquired properties and more efficient management. The procedures used were consistent with State Statutes and guidelines set forth in the IGA between the City and County. The result of annexation of these lands established the enclave in the southwest area of the Growth Management Area. The City will continue to annex acquired open lands if they are eligible for annexation and meet all criteria to justify this action. Again, lands within the GMA are anticipated to eventually be a part of the City. Most are annexed through voluntary annexation. Any future established enclave will be considered for annexation after three years by City Council. This decision is not a given. If it is not feasible from all perspectives, Council may choose to not bring in these areas in the future. Q: Why do we not have any representation in this issue? A: There has been a lot of representation through these meetings and other conversation with City staff and Council. The County Commissioners are your elected representatives. Skyview and Aurora Hills Neighborhood Outreach Meeting Monday, May 8,2006 7-8 p.m. Harmony Library Community Room Electric Q: Why should we have to pay an increased electric rate? If the City wants us, they should pay the increase. A: The current rate ordinance requires that annexed customers pay the electric rate plus a 25 percent fee to REA. After holding several of these outreach meetings, City staff has decided to make recommendations to Council to have the annexed customers only pay a 5 percent fee. The rest of that 25 percent fee to REA would be spread out among all City utility customers, which would equate to less than $1/year for the rest of the City's utility customers. With the 25 percent fee, most customers would pay close to the same amount for their electric service --+/- a couple of dollars. With the 5 percent fee, customers will save a substantial amount of money on their electric bills. We cannot commit to this decision—ultimately City Council will decide. However, Council has asked staff to make recommendations about some of these mitigation measures, and we will present those recommendations to them. Additionally, if REA manages your streetlights,then the City will provide service to those lights at no charge. If your neighborhood wants to install or add street lights, then all of the affected neighbors must unanimously approve the decision, and you must pay the cost of installation. Also,the City has just completed a massive project to convert all overhead electric liens to underground. The majority of REA's lines are overhead. Our intent is to continue placing lines underground in annexed areas, although we will not pursue it as aggressively as we have been. That cost will not be passed on to the customers. Comment: I'd like to suggest that the agreement for the 5 percent fee is put in writing for the entire length of the 10-year fee, so that future Council's can't revoke it. Q: What about the other fees that can be tacked on to the electric bills (transportation maintenance fee, for example)? A: Currently,none of those fees exist. However, if you are annexed,then as City residents, you would be subject to any City fees that are implemented. These fees are often assessed via the electric utility bill, simply because it is the most efficient way to reach all City residents. Comment: We shouldn't have to pay fees to make up for the budget shortfalls of previous years. We should be exempt from any new fees.. Streets Q: Our streets are really bad. What will the City do regarding maintenance? A: The City's street standards match the County standards. If the County currently maintains your streets,then the City will take over maintenance. If your Homeowner's Association maintains them, then your HOA will continue the maintenance. The City's Special Improvement District (SID)program is very similar to the County, so if you would like to create an SID to upgrade your roads to City standards, then the City will take over maintenance in perpetuity after that upgrade takes place. There is no mandatory upgrade process. The SID only happens if the property owners vote for it. The City will not come in and force you to fix your roads. Q: So you will only maintain our roads if we bring them up to City code? A: Yes,and we will maintain them in perpetuity once this happens. The City will do minor maintenance on roads even if they do not meet City standards, but for major maintenance and repairs,the roads must be brought up to City standards, which are the same standards that the County has for their roads. Comment: The Coloradoan recently said that the two benefits enclave residents would receive from this annexation are better police protection and better roads. But you're saying that we're not going to get better roads unless we pay for them. Comment: Our neighborhood can't afford to upgrade our streets again. Q: Is the SID that we are currently paying off with the County still going to continue? A: Yes. Q: Some older HOAs have an agreement with the County to do chip seals. The City doesn't do chip sealing, do they? A: No, we don't do chip seals. We do slurry seals, which are an alternate surface seal. We will take over the exact maintenance that the County does now, so if the County is doing chip seals on your streets, then we will do our slurry seals there as well. General Q: How big is this area? A: More than two square miles. Q: We never see any sheriff's deputies. When are we going to see a cop? A: The City will not annex the whole area if we don't have enough officers to serve it. For this reason, Council is considering annexing in phases. Police Chief Dennis Harrison has said that non-emergency response time will be about the same for you. Emergency response time, however, will be faster because of the pure logistics—there are more officers serving a smaller area. Officers are not cheap—this is by far the biggest expense to the City in annexing this area. Q: Do the annexation phases depend on the availability of police? A: There are many factors to consider, but this is one of the key issues. Q: Do you have a map of the phases? A: The"Phase 1" area contains primarily the parcels fronting South College Avenue. It does not include residential areas. (Note: a map of the Phase 1 area was sent to the requestor the following day.) Q: The City is currently cutting police, so why are they going to try to add officers for this enclave? ATTACHMENT 11 I. Southwest Annexation "Frequently Asked Questions" for Residential Neighborhoods City of Fort Collins March 2006 i Why is this annexation occurring? Like much of Northern Colorado,the population and city limits of Fort Collins have been steadily growing for many years. In 2001 the Coyote Ridge Natural Area and nearby land was annexed into the City. This annexation, coupled with several other annexations that have occurred over the past 20 years, created a large "enclave" of County land that is surrounded by City land. The enclave area is generally bordered on the North by Harmony Road, Stover Street on the East, Overland Trail on the West, and County Road 32 on the South. The attached map (Appendix 1) shows the area in relation to the rest of the city limits. By state statute, cities may annex enclaves three years after the enclave is formed. For many years the City of Fort Collins and Latimer County have had a written agreement(an Intergovernmental Agreement or"IGA")whereby the City promises to annex enclaves and other land that is likely to need urban-level services such as those provided by the City. I Does my property have to be annexed or can I choose to remain in the County? City Council members have stated that they intend to annex this land when it is time for them to vote on it in the coming months. This direction is supported by the County Commissioners. It is not legal for some property owners to "opt out." i Many of the people who live in the enclave area have noted that they enjoy a rural feeling j and lifestyle. While this is true, it is also a fact that both City and County residents and property owners are part of a larger community: they work for the same employers, drive the same roads and frequent the same businesses. People who live and work near Fort Collins are connected to the city in a lot of ways. Will the government services I receive be different than they are now? Some service providers will change and others will remain the same. The following list summarizes the primary government or public services that people have had the most questions about: i of services CQ "rent provider , `. New!pravider ,; Electric Poudre Valley REA or Xcel City of Fort Collins Utilities Energy Water Fort Collins/Loveland Water Fort Collins/Loveland Water District District (no change) Storm drainage Latimer County City of Fort Collins Stormwater Utility Fire Poudre Fire Authority Poudre Fire Authority (no change) Law Enforcement Latimer County Sheriff's City of Fort Collins Police Office Services Road maintenance Latimer County Road and City of Fort Collins Transportation Bride Services Health and Human Latimer County Larimer County (no change) Services Animal Control Humane Society Humane Society (no change) Will these services cost me more money than I pay currently? The answer to this question varies depending on a number of factors: size of the property, amount of developed vs. undeveloped land, whether it is residential or business, etc. Some will pay more fees,some less, and some the same. Probably the biggest change is that of monthly stormwater utility fees, which are assessed by the City and not by the County. This is discussed in more detail on page 3 of this FAQ. Additionally, a property tax calculator can be found on line at www.fcgov.com/swa Type in the value of your property and this calculator will provide a"before and after annexation" estimate. In most cases,there is a small annual increase in property taxes. For example, the taxes on a$250,000 building before annexation are $1,781.63 and after annexation they are $1,791.50, for a total increase of$9.87. i i How will my electric service be impacted? Will it cost more? The City Utilities will assume responsibility for providing electric service, generally within 2-3 years after the annexation has been completed. The City's base electric rates are typically lower than PVREA and Xcel. The factor that determines the electric bills for most residential and small commercial customers is the amount of electricity used, measured in KWH(meaning Thousand Watt Hours). Typically, customers that use about 1500 KWH or more each month benefit from being on what is called the Demand rate. Customers on the Demand rate pay a lower rate for each KWH, but also pay for how Page 2 of 9 i much power they use over the highest 15 minute period of the month, called KW (Thousand Watts). City staff can estimate your new costs for City electric service based on your current usage with REA or Xcel. (Some general cost estimates are provided under the next question.) If you'd like to have this calculated, please bring a copy of your recent electric bill, so that we can adjust for specific variables, to the outreach meeting, where we will have a computer set up to calculate this information. Or contact Doug Martine, Electric Project Engineering Supervisor at(970)224-6152 or dmartine2fcgov.com Please explain the REA "service rights fee" that we've been hearing about. The"service rights fee" is mandated by state law and applies only to REA customers. It does not apply to Xcel customers. What this means is that when service is transferred from REA to the City Utilities, the City must pay REA a fee equivalent to 25%of each existing customer's monthly bill for a period of 10 years. Since the City Utility absorbs the cost to purchase the REA lines, poles, etc. (in this case estimated to be about$4 million) in the past the City has chosen to pass the 25% service rights fee on to the annexed customers in the form of an add-on to the monthly electric bill. After the 10- year period, the fee is eliminated. Some enclave residents have asked that the City consider ways to reduce the impact of the service rights fee. This would require a change in the City Code and City Council members have indicated they are open to exploring various alternatives. So what's the bottom line for you? As noted in the previous question, City staff can i estimate your new fees with some level of accuracy, either in person at the meeting or over the phone. The table below shows the average rates for electric service with the 25% fee added for a residential property with a monthly rate of 700, 1,000 and 1,500 kWh respectively. kWh/month PVREA Fort Collins+25% PVREA service rights fee 700 $ 60.90 $ 60.54 1000 $ 82.50 $ 84.39 1500 $ 116.90 $ 124.14 I I've also been accruing REA Capital Credits. How does this figure in? The table below includes information on an average of the Capital Credits rebate that REA provides. The actual credit rebate varies among customers due to several factors, such as how long a customer has received power from REA. REA customers will continue to receive the rebate from REA for past years' electric usage even if/when they Page 3 of 9 become customers of Ft. Collins Light&Power. However, they won't continue to accrue additional Capital Credits. kWh City Rate City Rate PVREA Estimated Estimated PVREA +25% SRF Capital Credit present value rates reduced of Capital Credit by present value of Capital Credit 700 $48.43 $60.54 $ 60.90 $ 7.37 $ 5.32 $ 55.58 1,000 $76.51 $ 84.39 $ 82.50 $ 9.98 $ 7.21 $ 75.29 1.500 $99.31 $124.14 $116.90 $14.14 $10.22 $106.68 How do Fort Collins electric rates compare with Xcel's? Residential electric service on Fort Collins Utilities electric service costs less than that of Xcel, and Xcel residential customers will see a decrease in electrical costs. A typical City customer with 700 kWH usage would pay $47.89, including sales tax. The same use with Xcel would cost $57.33. As noted earlier, the service rights fee does not apply to Xcel customers. Is there a change to water service upon annexation? Will we have to adhere to City water restrictions? No,the Fort Collins/Loveland Water District that currently serves this area will continue to do so. There is no change to this service and any water restrictions, should they be created, would be enforced by the Fort Collins/Loveland Water District. I What are the storm drainage fees likely to be? Stormwater fees fund projects throughout the City, and all City property owners that own developed property are subject to a monthly stormwater fee. City staff members are in the process of estimating the monthly fee for each property in the enclave area. This information will be made available at the community meetings, or you can call Jean Pakech, Utilities Rates Specialist, at 221-6375 to discuss the fees for your property. In general, the monthly stormwater drainage fee for residential properties(with a lot size of 8,600 square feet)averages $14.36 per month. On larger lots, the Stormwater Utility makes adjustments to the fee, lowering it to reflect the actual amount of developed area on the property. As part of the latest discussion with City Council, City staff has proposed that stormwater monthly fees be phased in over a 5-year period. For example, the first year fees would be 20%of the total fee, and by the fifth year the fees paid would be 100%of the total fee. Page 4 of 9 How are storm drainage fees applied to common areas, such as our homeowners association open spaces? For existing developed subdivisions, there is no stormwater charge for pervious (grass) surfaces, open space and common areas. Will storm sewers be installed? No, the stormwater master plan does not identify the need for storm sewers in this area. Runoff would be as it exists today, in borrow ditches and under streets in culverts. What, if any, differences are there between City and County laws? There both differences and similarities to the County and City's land use regulations, animal ordinances and code enforcement. Some of the more commonly asked questions follow. Will current land uses be "grandfathered" or will we have to change under the City code? All current land uses will be allowed to remain. Any kind of expansion or development in the future may trigger certain regulations and changes to the use. It depends on the proposal. Will our streets have to be upgraded if we're in the City? Will the City maintain our streets? Most of the local streets within the annexation area do not meet the existing Larimer County Urban Area Street Standards in terms of the street width and design. The level of roadway engineering(for example,thickness of pavement) is also non-compliant with adopted City engineering and construction standards. Existing streets that meet standards will be accepted info the City's street system and become the full responsibility of the Streets Department. After annexation, the City will provide a basic level of maintenance to existing non-compliant streets, such as pothole repair, minor crack sealing and slurry sealing. Grading of gravel roads would be completed 2-3 times per year. The City may use recycled asphalt in certain areas and add materials to reduce dust impacts. Any needed maintenance beyond this level would fall to local Homeowners Associations or adjacent property/business owners until such time Page 5 of 9 i that the roads are brought u to City standards. Neither the City nor Latimer County will � g p Y i fund local street reconstruction for non-compliant streets when the roads are structurally failing. The most likely way to improve non-compliant local streets in the future, in order to meet Latimer County Urban Area Street Standards and City design and construction standards, will be to form a Special Improvement District (SID). An SID is formed when the majority of affected property owners give their consent to its creation. It is one of the City's objectives to have a high percentage of owners willing to be part of a SID, but there could be instances where the City will push for its formation over the objections of some area property owners. Local streets within existing neighborhoods or business areas may not be required to meet all of the current design width elements of the Latimer County Urban Area Street Standards such as sidewalks, curb/gutter, street lighting, etc. City staff members have a long-standing practice of collaborating with property and business owners, working together to design street renovations. it Will our streets be plowed when it snows? The City will plow arterials, collectors, and school bus routes immediately. Snowfall more than 12"deep will eventually be plowed on all streets. Can electric fences be constructed? Existing electric fences can be maintained indefinitely. Currently the City code prohibits (new)electric fences and also does not permit barbed wire fences within residential areas. However, within the annexation area it appears that most of the existing barbed wire and electric fences, and the areas with the highest concentration of livestock, are projected to be within the proposed new Rural Lands (RUL)zone district. To address this issue, City staff is proposing that the RUL zone district include a provision for electric and barbed wire fences in cases where they are used to control livestock. What are the City's laws regarding pets, horses and farm animals? There are not many differences between City and County animal regulations. For example, excessively barking dogs are prohibited in both the City and County,and neither jurisdiction places a maximum on the number of pets. Probably the main difference in terms of pet regulations is that of leash laws. In the County, leash laws apply only to dogs, and the animal can be under verbal control. In the City,the animal must actually be on a leash,and the law also applies to cats. Page 6 of 9 i The Urban Estate (UE)and the proposed Rural Lands (RUL)zoning district regulations for horses and other farm animals virtually match that of Larimer County. Horses are permitted within these areas if a minimum of/Z acre of pasture is provided per horse. If ! there are cases where additional horses are legal under present County regulations, the City could add a provision in the annexation ordinance for these horses to be "grandfathered" and thus allowed under City regulations as well. The City's regulations do not place a cap on the number of farm animals, but the same County and State health regulations still apply that may effectively limit the number of farm animals on a particular property. Animal regulations are handled by the Larimer County Humane Society in both the City and County. Details on these regulations can be found on the Humane Society's website at www.larimerhumane.ore or by calling 226-3647 (226-DOGS). Will the City be adding more police officers to cover our area? The City does not have money for additional officers in the existing budget. There had been an allocation for hiring 5 additional positions in 2005, but these positions were ! eliminated due to limited funds. As a result, Police Services will absorb the cost of the 6 officers needed to service the area along South College Avenue. Officers would likely be pulled from other areas(Investigations, Patrol, etc.) i Police Chief Dennis Harrison notes that, depending on the call load on any given day,the service provided by Fort Collins Police Services will in most cases be greater than that provided currently by the Larimer County Sheriff's Office. For example, during evening hours Fort Collins Police Services averages 8— 10 officers on duty. This compares to 2, f 3 or 4 Sheriffs patrol deputies that cover the entire County. A single deputy often covers from Harmony Road to the south County line. Ii I'm interested to learn more about City zoning districts. How can I find out what can or cannot be built on or near my property in the future? At the time of annexation, City staff will recommend various zoning districts for the properties in the enclave area. Generally, these zoning districts reflect the land use that is already in place. For example, properties along the South College corridor would have commercial-type designations, low-density neighborhoods would be zoned Urban Estate, etc. Staff members have maps depicting these recommendations and welcome feedback from property owners. I� Additionally, information is available about what can or cannot be built on or near a property based on its zoning district. This is available on line within the Land Use Code Matrix or Article 4 of the Land Use Code at www.fcgov.com/currentplannine. You can Page 7 of 9 F I also contact the City's Zoning Office at(970)416-2745 to discuss this with Zoning staff. The Planning and Zoning Board will review final zoning recommendations in a public hearing prior to the annexation. That meeting has not yet been scheduled, but we anticipate it will be held in June or July 2006. A written notice will be sent to all affected property owners prior to the meeting. Does the City provide trash service? The City of Fort Collins does not provide trash service. Property owners and residents are free to hire a local trash collector, who is required to comply with the"Pay-As-You- Throw" ordinance. This ordinance says that you pay only for what you throw away. The monthly fee for trash pick-up is determined by the licensed collector who is required to offer many sizes of containers, bags, and labels that have a volume number on them. Monthly rates may vary between collectors. Recycling is included in the service, and recycle bins are provided. The recycling service is free. I Who can I call if I have more questions about any of these issues? There are a number of City employees available to talk with you in detail about these and i other subjects you may have questions about. The City's website also contains additional information: www.fcgov.com. Please contact Tess Heffernan, City Manager's Office Project Manager, at(970)416-2253 for general information or a referral to a specific City staff person. Tess can also be reached via email at theffemanrfcgov.com. I I Page 8 of 9 Appendix 1 CITY OF FORT COLLINS " Southwest Enclave A E OOUOLASRO - Emuxry Ronou a DWGVS RD S s ou Mez OUNTY ROM 51 H �'yR '�'L KnaPO u o �q� UNTRY as RC Rc I y rc y .. 40-- wcourir 11 _ wwi LO ,yL tom-n.v vac. rvrr 9 ao $ 1 r CIy1 Z .I-1rq lY 1-R. L P = v i' ,� naoao�e I w u H-R0RTEAV 1 P jF4/,roC C.-1 II' U. RM M � E MJLBERRV ST I F PaS�N 1 ♦ }L-, z f 1 �0 1' W DRN(E RU 1 9 PILE R &•-r��• � \I xD�El9mxe Exws morn Po a• '� EHARMONY VfC9uxry 0.CaoT $ L i m O CxIE RE yry o.w 19 YRO I F' W U BYA •1 0.R -•i 3 srnr xcnwMasx \•l �- a, - - -y- - aENiERR E OUNTYROADI E COUNTY ROAD W j Leyentl 0 0.5 1 2 COY Limits M Enclave 0 Miles M.I.Sheets Page 9 of 9 ATTACHMENT 12 Southwest Annexation "Frequently Asked Questions" City of Fort Collins for Businesses February 2006 Why is this annexation occurring? Like much of Northern Colorado, the population and city limits of Fort Collins have been steadily growing for many years. In 2001 the Coyote Ridge Natural Area and nearby land was annexed into the City. This annexation, coupled with several other annexations that have occurred over the past 20 years, created a large "enclave" of County land that is surrounded by City land. The enclave area is generally bordered on the North by Harmony Road, Stover Street on the East, Overland Trail on the West, and County Road 32 on the South. The attached map(Appendix 1) shows the area in relation to the rest of the city limits. By state statute, cities may annex enclaves three years after the enclave is formed. Does my property have to be annexed or can I choose to remain in the County? City Council members have stated that they intend to annex this land when it is time for them to vote on it in the coming months. This direction is supported by the County Commissioners. It is not legal for some property owners to"opt out." Many of the people who live in the enclave area have noted that they enjoy a rural feeling and lifestyle. While this is true, it is also a fact that both City and County residents and property owners are part of a larger community: they work for the same employers, drive the same roads and frequent the same businesses. People who live and work near Fort Collins are connected to the city in a lot of ways. For many years the City of Fort Collins and Larimer County have had a written agreement (an Intergovernmental Agreement or"IGA")whereby the City promises to annex enclaves and other land that is likely to need urban-level services such as those provided by the City. Will the government services I receive be different than they are now? Some service providers will change and others will remain the same. The following list summarizes the primary government or public services that people have had the most questions about: �[1C'Uf�QTV�CE r�✓��)<!t�}l'OY1d!Bt;-, { ` v„ ,NEiV�1'1�1TI�T �n '�'i. i Electric Poudre Valley REA or Xcel City of Fort Collins Utilities Energy Water Fort Collins/Loveland Water Fort Collins/Loveland Water District District (no change) Storm drainage Larimer County City of Fort Collins Stormwater utility Fire Poudre Fire Authority Poudre Fire Authority (no change) Law Enforcement Larimer County Sheriff's City of Fort Collins Police Office Services Road maintenance Larimer County Road and City of Fort Collins Transportation Bride Services Health and Human Latimer County Latimer County (no change) Services Animal Control Humane Society Humane Society (no change) Will these services cost me more money than I pay currently? The answer to this question varies depending on a number of factors: size of the property, amount of developed vs. undeveloped land, whether it is residential or business, etc. Some businesses will pay more fees, some less, and some the same. Probably the biggest change is that of monthly stormwater utility fees, which are assessed by the City and not by the County. This is discussed in more detail on page 3 of this FAQ. Additionally, a property tax calculator can be found on line at www.fcgov.com/swa. Type in the value of your property and this calculator will provide a"before and after annexation"estimate. In most cases, there is a small annual increase in property taxes. For example,the taxes on a$250,000 building before annexation are $1,781.63 and after annexation they are $1,791.50, for a total increase of$9.87. How will my electric service be impacted? Will it cost more? The City Utilities will assume responsibility for providing electric service, generally within 2-3 years after the annexation has been completed. The City's base electric rates are typically lower than PVREA and Xcel. The factor that determines the electric bills for most residential and small commercial customers is the amount of electricity used, measured in KWH (meaning Thousand Watt Hours). Typically, customers that use about 1500 KWH or more each month benefit from being on what is called the Demand rate. Customers on the Demand rate pay a lower rate for each KWH, but also pay for how much power they use over the highest 15 minute period of the month, called KW Page 2 of 9 www.fcgov.com/swa (Thousand Watts). City staff can estimate your new costs for City electric service based on your current usage with REA or Xcel. If you'd like to have this calculated, please bring a copy of your recent electric bill (so that we can adjust for specific variables)to the outreach meeting, where we will have a computer set up to calculate this information. Or contact Doug Martine, Electric Project Engineering Supervisor at(970)224-6152 or dmardnena fcgov.com. Please explain the REA "service rights fee" that we've been hearing about. The "service rights fee" is mandated by state law and applies only to REA customers. It does not apply to Xcel customers. What this means is that when service is transferred from REA to the City Utilities, the City must pay REA a fee equivalent to 25%of each existing customer's monthly bill for a period of 10 years. Since the City Utility absorbs the cost to purchase the REA lines,poles, etc. (in this case estimated to be about $4 million)the City has chosen to pass the 25% service rights fee on to the annexed customers in the form of an add-on to the monthly electric bill. After the 10-year period, the fee is eliminated. Some enclave residents have asked that the City consider ways to reduce the impact of the service rights fee. This would require a change in the City Code and City Council members have indicated they are open to exploring various alternatives. So what's the bottom line for your business? As noted in the previous question, City staff can estimate your new fees with some level of accuracy, either in person at the meeting or over the phone. Is there a change to water service upon annexation? No. The Fort Collins/Loveland Water District currently serves this area and will continue to do so. I What are the storm drainage fees likely to be? Stormwater fees fund projects throughout the City, and all City property owners that own developed property are subject to a monthly stormwater fee. City staff members are in the process of estimating the monthly fee for each property in the enclave area. This information will be made available at the community meetings, or you can call Jean Pakech, Utilities Rates Specialist, at 221-6375 to discuss the fees for your property. In general, the monthly stonnwater drainage fee for commercial properties averages approximately $144 per month and for residential properties (with a lot size of 8,600 square feet) it averages $14.36 per month. On larger lots, the Stormwater Utility makes adjustments to the fee, lowering it to reflect the actual amount of developed area on the Page 3 of 9 www.fcgov.com/swa property. As part of the latest discussion with City Council,City staff has proposed that stormwater monthly fees be phased in over a 5-year period. For example,the first year fees would be 20%of the total fee, and by the fifth year the fees paid would be 100%of the total fee. Will storm sewers be installed? No,the stormwater master plan does not identify the need for storm sewers in this area. Runoff would be as it exists today, in borrow ditches and under streets in culverts. I own a business on South College Avenue. Will the City make me change my sign? In 2005, the Larimer County Sign Code was revised to match the same sign code standards as the City of Fort Collins with respect to sign size and location. Therefore, any new sign installed within the potential annexation area must meet the same design standards whether the area is annexed or not. The difference between the City and County sign ordinances is the impact of phasing out existing signs that don't comply with the sign code. Permanent, non-conforming signs must be brought into compliance within 5 years of annexation. After this 5-year period, the sign(s)will need to be modified in a way to be compliant,e.g. lowered in height, relocated on the property, reduced in size, or, in some cases, might need to be removed altogether. As part of the latest discussions with the City Council,the City staff has proposed an additional two years to the phase-in period for signs, giving property owners 7 years, rather than 5 years, to come into compliance. Other types of signs, such as portable and vehicle-mounted signs, banners, pennants, and signs with flashing, moving, blinking or other animation effects must be removed or made to conform within 60 days of annexation. Will our streets have to be upgraded if we're in the City? Will the City maintain our streets? Most of the local streets within the annexation area do not meet the existing Larimer County Urban Area Street Standards in terms of the street width and design. The level of roadway engineering(for example,thickness of pavement) is also non-compliant with adopted City engineering and construction standards. After annexation,the City will provide a basic level of maintenance to existing non- compliant streets, such as pothole repair, minor crack sealing and slurry sealing. Grading of gravel roads would be completed 2-3 times per year. The City may use recycled asphalt in certain areas and add"road dust"to reduce dust impacts. Any needed maintenance beyond this level would fall to local Homeowners Associations or adjacent property/business owners until such time that the roads are brought up to City standards. Page 4 of 9 www.fcgov.com/swa Neither the City nor Latimer County will fund local street reconstruction when the roads are structurally failing. The most likely way to improve local streets in the future, in order to meet Latimer County Urban Area Street Standards and City design and construction standards, will be to form a Special Improvement District(SID). An SID is formed when the majority of affected property owners give their consent to its creation. It is one of the City's objectives to have a high percentage of owners willing to be part of a SID, but there could be instances where the City will push for its formation over the objections of some area property owners. Local streets within existing neighborhoods or business areas may not be required to meet all of the current design width elements of the Latimer County Urban Area Street Standards such as sidewalks, curb/gutter, street lighting, etc. City staff members have a long-standing practice of collaborating with property and business owners, working together to design street renovations. Will our streets be plowed when it snows? The City will plow arterials, collectors, and school bus routes immediately. Snowfall more than 12" deep will eventually be plowed on all streets. What are the long term plans for South College Avenue and the businesses there? There are a couple of ways to answer this question. In terms of transportation, many business owners are familiar with the South College Avenue/US287 Access Control Plan that was developed by the Colorado Department of Transportation(CDOT), Larimer County and the City of Fort Collins in 2002. This plan is intended to address transportation safety issues along South College/US287 from Swallow Road to Carpenter Road. It can be viewed at http://fcgov.com/transportationplanning/scollege.php or we can provide a hard copy for anyone interested. When a property redevelops to a new land use (commensurate with changes in traffic volumes)or when a property owner wishes to modify access to the property, the property owner can be required to implement the improvements identified within the Access Control Plan. Future access changes are the same whether South College Avenue is annexed or not because this roadway is part of the state and federal highway system and jurisdiction over required improvements lies with state and federal agencies. Additionally, the City is preparing to create a"subarea plan" in 2007 for the South College corridor, the boundaries of which will include some relatively short distance east and west of College Avenue from Harmony Road to Carpenter Road. This plan will involve people who own and work in businesses and will include their ideas for how the area should evolve. As a point of interest, the City has no plans to create a subarea plan for the residential Page 5 of 9 www.fcgov.com/swa areas west of College to the foothills because the pattern of development is largely established by existing development and publicly-owned open space. Any more detailed residential planning could be triggered by land development applications that cover a limited geographic area. What is a use tax, and how is this applied? The use tax can be thought of as a companion to the sales tax. It is the same rate as the sales tax, 3%. Where the city use tax is applied, it is applied instead of a city sales tax, not in addition to it. This tax is paid on tangible property or taxable services that you are storing, using, distributing or consuming in the city of Fort Collins. For example, let's say you have a business that makes small wooden toys. You pay a one-time use tax on the equipment that you buy to produce the toys, because you're going to use them in your business in Fort Collins. The use tax would be due only if a Colorado municipal sales tax was not paid when the equipment was purchased. The use tax is intended to equalize competition between vendors located in the city who collect Fort Collins sales tax and those outside the city who do not pay sales tax. Use taxes are applied to such things as: • Office Supplies • Cash registers • Furniture and fixtures • Signs • Tools and Equipment • Computers and calculators • Leased and rented items • Advertising items • Paper products • Non-customized software programs The use tax(and sales tax)for the city of Fort Collins is 3%. The total sales tax for the combination of City, County and State is 6.7%, as noted in the table below. State of Colorado 2.9% Larimer County .8% City of Fort Collins 3.0% Total Sales Tax 6.7 % A list of common questions and answers regarding sales and use tax is available on the City website: http:/hvww.fcgov.com/salestax/faa.plip. Sales and Use Tax staff may be reached at 221-6780. Who needs a Secondhand dealers license? If a dealer is operating in more than one location, does he/she need more than one license? Page 6 of 9 www.fcgov.com/swa Secondhand Dealers (defined as someone who accepts on consignment, sells or trades any secondhand property)must obtain a Secondhand Dealers license. The way the law is currently written, individual licenses are required for each second hand dealer, even if they are operating out of one location. Staff members are open to feedback and suggestions about how this might be amended to avoid a hardship for the shops in the area. The fee for a new Secondhand Dealer is $100 annually. In addition there is a fee of $16.50 per owner for a CBI investigation and a fee of$16.50 per owner for the City's investigation fee. There are also requirements for fingerprints and photos. When a Secondhand Dealer renews each year,there is only the$100 fee plus the investigation fee for the City of$16.50 per owner. If a dealer works out of more than one location, then a separate license is required for each location. What are the differences between the City and County building permit process? The City and County follow a similar building permit process. The differences are mainly in the types of fees that are to be paid. The City collects fees for street oversizing, stormwater, capital expansion (e.g. parks and police) and a School District Impact Fee. The County collects fees for wildfire review, stormwater, special review for certain types of uses, and additional fees if the property is located within the Fort Collins Growth Management Area. Building Permit fees for the City of Fort Collins are generally lower than Larimer County for most types of construction. Will the City be adding more police officers to cover our area? The City does not have money for additional officers in the existing budget. There had been an allocation for hiring 5 additional positions in 2005, but these positions were eliminated due to limited funds. As a result, Police Services will absorb the cost of the 6 officers needed to service this area along South College Avenue. Officers would likely be pulled from other areas (Investigations, Patrol, etc.) Police Chief Dennis Harrison notes that, depending on the call load on any given day, the service provided by Fort Collins Police Services will in most cases be greater than that provided currently by the Larimer County Sheriff's Office. For example, during evening hours Fort Collins Police Services averages 8— 10 officers on duty. This compares to 2, 3 or 4 Sheriff's patrol deputies that cover the entire County. A single deputy often covers from Harmony Road to the south County line. I'm interested to learn more about City zoning districts. How can I find out what can or cannot be built on or near my property in the future? At the time of annexation, City staff will recommend various zoning districts for the Page 7 of 9 www.fcgov.com/swa i properties in the enclave area. Generally, these zoning districts reflect the land use that is already in place. For example,properties along the South College corridor would have commercial-type designations, low-density neighborhoods would be zoned Urban Estate, etc. Staff members have maps depicting these recommendations and welcome feedback from property owners. Additionally, information is available about what can or cannot be built on or near a property based on its zoning district. This is available on line within the Land Use Code Matrix or Article 4 of the Land Use Code at www.fclzov.com/currentplanniniz. You can also contact the City's Zoning Office at(970)416-2745 to discuss this with Zoning staff. The Planning and Zoning Board will review final zoning recommendations in a public hearing prior to the annexation. That meeting has not yet been scheduled, but we anticipate it will be held in June or July 2006. A written notice will be sent to all affected property owners prior to the meeting. Does the City provide trash service? The City of Fort Collins does not provide trash service. Property or business owners are free to hire a local trash collector, who is required to comply with the"Pay-As-You- Throw" ordinance. This ordinance says that you pay only for what you throw away. The monthly fee for trash pick-up is determined by the licensed collector who is required to offer many sizes of containers, bags, and labels that have a volume number on them. Monthly rates may vary between collectors. Recycling is included in the service, and recycle bins are provided. The recycling service is free. Are there any requirements ifI want to expand the building in which my business is located or if I want to change the use of my commercial building? The City, like the County, has varying requirements depending on the size of the addition and/or the type of change. Generally, any addition to a nonresidential building that increases the floor area by more than 25%, or any change of use of such a building(i.e. changing a warehouse to an office building, a retail store to a restaurant)will require that the entire property be brought into compliance with the standards contained in the Fort Collins Land Use Code to the extent reasonably feasible. This could trigger such things as landscaping, parking lot, curb cuts, sidewalk, and stormwater detention upgrades. Additional right-of-way or easement dedications and the need to plat the property may also be required. Who can I call if I have more questions about any of these issues? There are a number of City employees available to talk with you in detail about these and other subjects you may have questions about. The City's website also contains a wealth of information: www.fc og v.com. Please contact Tess Heffernan, City Manager's Office Project Manager, at(970)416-2253 for general information or a referral to a specific City Page 8 of 9 www.fcgov.com/swa staff person. Tess can also be reached via email at theffernan((Dfc ov.com. lei i Page 9 of 9 www.fcgov.com/swa Appendix 1 CITY OF FORT COLLINS A Southwest Enclave E DD.GL.RD EGUurvlvP0.0 5+ i $ `a 2 S - Nysy DUN Y ROAD W tl. C� L c`nnosux Rv ou PD s3 o ��i 9Q x1R,Ltl1 RD N !'r � 2 WWI LO ILLDk vnDAi'c wco eoso J .omnun elsmo. ___.._. ...J u+ IAPORTE AVE I 4;yD� vA Ma RAY NA -MULBERRY T yf ! PDSPECI flD _TFEM RD Z _I 1 O •� W DRAKE RD •L \ MORSElU01XF fFW ELCO111 LG Fp 1 c.._.� �t a EHARMDAY R E[Ouxl•Hd0) chy` DS y_.._ R'aONrn o z 3 I � RECR1Pnn Y RD BY ejA 6 w w 'ARPERTERT COUNTY ROAD j rt y E COUNTV ROAp]D Legend 0 0.5 1 2 [�Jl cny umHsSW Enclave p�Miles MB,M Shells Page 10 of 9 www.fcgov.com/swa ATTACHMENT13 1 1 FLAMING AND ZONING HOARD NFXTINO 2 CITY OF FORT COLLINS Council Chambers, City Hall West 3 300 LaPorte Avenue 4 JUly 20, 2006, 6:00 p.m. 5 Board Members: 6 Dave Lingle, Chairman 7 William Stockover Andy Smith 8 Brigette Schmidt Judy Meyer 9 Matthew Fries 10 Staff Members: 11 Paul Eckman, Deputy City Attorney Cameron Gloss, Planning Director 12 Georgian Deines, Secretary David Averill, Transportation Planning Department 13 Doug Martine, Light & Power Peter Barnes, Zoning Department 14 Beth Sauder, Neighborhood Services 15 16 17 18 19 20 21 22 23 24 25 2 2 MR. LINGLE: All right. Thank you. Good evening, 3 and welcome to the July 20, 2006 meeting of the City of Fort 4 Collins Planning and Zoning Board. May we have roll call, 5 please? 6 MS. DEINES: Stockover? 7 MR. STOCKOVER: Here. 8 MS. DEINES: Smith? 9 MR. SMITH: Here. 10 MS. DEINES: Schmidt? 11 MS. SCHMIDT: Here. 12 MS. DEINES: Meyer? 13 MS. LINGLE: Here. 14 MS. DEINES: Fries? 15 MR. FRIES: Here. 16 MS. DEINES: Lingle? 17 MR. LINGLE: Here. 18 Cameron, can we have an addenda review, please? 19 MR. GLOSS: Good evening, Chairman, and members of 20 the board. We also have a few items on our agenda this 21 evening. But, first, the minutes that were published -- 22 actually, on the first set, which were those of February 16th 23 of 2006 have been completed. And, the others, we should get 24 to you relatively soon. 25 The second item is an easement dedication request 3 1 in the Oakridge village Number X -- or Number IX, rather -- 2 Association. Those are items that are on our consent agenda. 3 We only have one discussion item, and that is the 4 recommendation to the Council on the southwest enclave 5 annexation and neutral zoning. Member, Ron Ellins, 6 (phonetic) has declared a conflict of interest, and that 7 concludes my agenda report. 8 MR. LINGLE: Thank you. And next on our agenda, is 9 citizen participation, and this is the opportunity for anyone 10 in the audience that would like to address the Planning and 11 Zoning Board on any issue that is not on our agenda tonight. 12 So, at this time, I would like to ask if there is anyone that 13 would like to address the Board? 14 Okay. Seeing none, we will move to consideration 15 of the consent agenda. And that is Item Number 1, minutes of 16 the February 16th meeting, and Item 2, the Resolution PZO6-08 17 Easement Issue. I would like to ask if there's anyone in the 18 audience that would like to have either of those items for 19 consent polled for discussion? 20 Okay, seeing none, is there anyone on the Board 21 that would like to have them removed for discussion? Okay. 22 None. Then could we have a motion for the consent, then? 23 MS. SCHMIDT: I would like to make a motion for the 24 consent agenda, but I do want to point out there is a minor 25 change to the minutes on the citizen participation at that 4 1 February meeting, and it is outlined in the minutes, so that 2 will be corrected. But I would like to move that we approve 3 the consent agenda. That includes the minutes of February 4 16th and the resolution Pz06-08, the Easement Dedication. 5 MR. FRIES: Can I make an amendment to that? I 6 have to abstain from the minutes because I wasn' t present on 7 the Board at that time. Could we take these separate so that 8 I could vote on the resolution? 9 MR. LINGLE: Okay. 10 MS. SCHMIDT: Sure. it MR. LINGLE: I guess the first motion will be that 12 we approve the minutes of February 16th with the change that 13 was noted. 14 MS. MEYER: I ' ll second that. 15 MR. LINGLE: Move to approve the minutes of the 16 February 16th meeting? Roll call . 17 MS. DEINES: Smith? 18 MR. SMITH: Yes. 19 MS. DEINES: Schmidt? 20 MR. SCHMIDT: Yes. 21 MS. DEINES: Meyer? 22 MS. MEYER: Yes. 23 MS. DEINES: Stockover? 24 MR. STOCKOVER: Yes. 25 MS. DEINES: Lingle? 5 1 MR. LINGLE: Yes. 2 Okay. Then do we have a motion for Item 2 on the 3 consent agenda? 4 MS. SCHMIDT: I will move that we approve Item 5 Number 2, Resolution PZ06-08 Easement Dedication. 6 MR. FRIES: Second. 7 MR. LINGLE: Move to second to approve or recommend 8 to City Council the approval of Item Number 2, the Easement 9 Dedication. Can we have a roll call, please? 10 MS. DEINES: Schmidt? 11 MR. SCHMIDT: Yes. 12 MS. DEINES: Meyer? 13 MS. MEYER: Yes . 14 MS. DEINES: Fries? 15 MR. FRIES: Yes . 16 MS. DEINES: Stockover? 17 MR. STOCKOVER: Yes. 18 MS. DEINES: Smith? 19 MR. SMITH: Yes. 20 MS. DEINES: Lingle? 21 MR. LINGLE: Yes. 22 Okay. That item is approved. Next, then, we will 23 move to the discussion agenda, and tonight that consists of 24 Item Number 3, the Southwest Enclave Annexation and Zoning. 25 This is a recommendation to City Council, so this body will 6 1 not be making the final approval or disapproval of that item. 2 So, Cameron, could we have a staff report, please? 3 MR. GLOSS: Yes. Thank you. The staff has 4 prepared an analysis of the Southwest Enclave Annexation, 5 which will be the largest individual annexation and 6 improvement district, and certainly the largest, as I 7 understand, the largest in the state that is a forced 8 annexation or nonconsensual. 9 The area is roughly two-and-three-quarters of a 10 mile and roughly bounded by Harmony Road on the north, and by 11 a quarter mile south of Trilby on the south, going just west 12 of Taft Hill Road on the west, and then about a half mile 13 east of College Avenue on the east, and involves several 14 different subdivisions and commercial businesses . 15 I just want to walk you through the evolution of it 16 very quickly over the last several decades, and how we got to 17 the creation of this enclave. Back in the 1970s, we had 18 brought the city limits down approximately to Harmony Road. 19 And then, through the 180s, we almost completely encircled 20 the area, then known as the Southwest Enclave. 21 In the 190s, we had a few annexations that 22 ultimately led to the development, and we had some natural 23 areas, as well as some other parcels, which completely 24 encircled the area. And there was some discussion the other 25 night at the City Council meeting about one particular area 7 1 of the annexation, and that is that little sliver of land 2 that is on the west side of Taft Hill. 3 if you look at your map here on the screen, you can 4 see there on Taft Hill the areas of red, the annexation since 5 the year 2000, and you can see a strip there west of the 6 roadway. And there was some questions whether that strip was 7 public right-of-way or if it was a street parcel or if it was 8 both. And we have done some research. We have looked at the 9 deeds from the transactions of the property, as well as the 10 annexation map, and the following image goes ahead and 11 describes in great detail this area. 12 You have a right-of-way that is about 120-feet 13 wide, and the right-of-way cannot be included in that area to 14 create enclosure under State law. You might remember that we 15 had a street -- the Peterson Annexation that we had a 16 discussion on very recently. But, west of there, there is a 17 strip of land that is 150-feet wide, and that land is not 18 public right-of-way. So, given that evidence, it is the 19 staff 's perspective, clearly, that we do have an enclave, and 20 we have full enclosure of that area. 21 The basis for the enclave is steeped in State 22 Statute and the State Constitution, and gives the City the 23 right to annex areas without property owner consent. That 24 they are an enclave in this case, if the area is entirely 25 contained within the boundaries of the municipality. That ' s 8 1 a State Statute, and then going into the State Constitution, 2 which uses the language, "If there is certain town surrounded 3 by the municipality. " And, in both cases, we feel that those 4 standards have been met. 5 Also, the State Statute goes on to say that if the 6 area is surrounded by a period of greater than three years, 7 then the City can then proceed with annexation and bring it 8 into its jurisdiction. The City also has a Master Plan. 9 This is for the entire urban area of Fort Collins, includes 10 lands within the City, as well as the Unincorporated County 11 that is within what we call the "Growth Management Area. " 12 That plan has been well regarded upon both the 13 state and national level . We have a very clear vision of the 14 way the City of Fort Collins will handle properties over time 15 and bring land in the GMA into its jurisdiction, and that 16 Master Plan is supported by the City' s Intergovernmental 17 Agreement between the County and the City of Fort Collins . 18 And that Intergovernmental Agreement states that 19 it's the City' s intent to annex properties within the GMA as 20 expeditiously as possible, and also that the City agrees with 21 the County to pursue involuntary annexation as properties 22 become eligible, and that is the case here. 23 Looking at greater detail, the City' s Master Plan, 24 that ' s the map that implements City Planning Policies, you' ll 25 see a variety of zoning districts here ranging from lower 9 1 density residential, the lowest being our new district, which 2 is for rural lands . And that would be largely for property 3 on the west side of the annexation area also, a commercial 4 frontage on College Avenue, and a variety of residential. 5 So, that's the balance of the area, as well as some public 6 lands. 7 These designations very closely resemble the 8 conditions on the ground in terms of use and density. The 9 staff is recommending that you adopt or recommend to the City 10 Council, zoning that reflects the structure plan, and this is 11 depicted on the map shown here on the screen. The series of 12 neighborhoods within the annexation area, they are largely 13 developed, and many have private covenants that prohibit 14 additional subdivision density be added. 15 The aerial photograph of the area, you will see how 16 the subdivisions are largely developed. The area on the west 17 portion of the annexation area is the least developed, and we 18 also have some pockets of vacant land in the annexation area. 19 And you will see that the area is laced with storm drainage 20 areas, and we have natural areas of that land, separate 21 areas, that are part of the annexation. These are only 22 controlled by the City of Fort Collins as a Natural Area. 23 Over the years, the City has made stormwater 24 improvements. This is along Fossil Creek. We have also 25 maintained the structures within the Fairway Estates 10 1 Neighborhood, even though it' s within the County's 2 jurisdiction. So the City does a series of stormwater 3 management activities, and we fund those activities through a 4 tax -- pardon me, a stormwater fee that's assessed on a 5 monthly basis, and it comes in people's utility bill . 6 And we've had a lot of questions about those within 7 the annexation area about the impact of this fee, and we are 8 going to talk a little bit more about the fee, how it' s 9 calculated, and then potential mitigation measures that are 10 also being proposed. 11 And I also want to very briefly discuss what 12 stormwater fees go toward. There has been some concerns of 13 those in the annexation area that Fossil Creek; they already 14 had improvements; that we don' t have major structural changes 15 to our stormwater facilities in this portion of the community 16 contemplated; and what benefit would there be for citizens. 17 Well, actually, the fees go toward solving 18 stormwater problems throughout the City, and citizens 19 throughout the City have at present paid to that fund to 20 solve problems that might impact rural places. It might 21 impact neighborhoods that are not within their geographic 22 area, also near places where they work. 23 So the fee is dealing with the broader issues of 24 stormwater and not just those localized and specific to a 25 neighborhood, and I want to make that very clear. This slide 11 I goes over very briefly the activity that stormwater fees go 2 towards. Obviously, there' s the structural facility that we 3 mentioned, if you think of the recent retention ponds, for 4 example, then, also, local flood conditions and the 5 management of the stormwater utility. That also gets paid 6 for by that fee. 7 Stormwater rates are based on primarily the size of 8 the lot, and the amount of the improvements on your surface 9 that you have. There are some coefficients that are used on 10 larger properties. There are modifications that are made to 11 understand exactly how much area is truly being impacted and 12 how much water is being generated. So there are adjustments 13 made for those larger lots. 14 Stormwater fees have been calculated for properties 15 in the annexation area. I 've got some charts here. This 16 shows an example of the Kelmar (phonetic) Strip using the 17 average lot size and what the fee would be. And that fee 18 would be about $133 per month, and that would be for the 19 average lot within the Kelmar Subdivision. That is a 20 commercial subdivision east of College and north of Trilby 21 Road. 22 Also, with the transfer of jurisdiction, there 23 would be a transfer of electric service. All but 100 of the 24 residences and businesses within the area are served by 25 Poudre Valley REA. Those approximately 100 are Excel 12 1 customers. Under State law, REA customers pay a fee called 2 the "Service Rights Fee, " and that goes directly to Poudre 3 Valley REA for loss of revenue. And the City actually 4 collects the fee, and then that gets transferred on to REA. 5 There' s been a lot of discussion about the fee. 6 The City does have very attractive electric rates. Our 7 electric rates are lower than both Excel or REA. And, in 8 fact, even without consideration of the Service Rights Fee, 9 in many cases, we have situations where folks would be paying 10 less for electric services in the annexation, but there are 11 some that would pay more, and we're going to talk about that 12 later on, the electric service fee mitigation. 13 The City and the County have adopted street 14 standards, and that was back in 2001 . Many of the streets 15 within the area are substandard to these standards, and 16 future development will trigger new construction, and that 17 will meet the standards, whether it' s in the City or the 18 County. 19 And also, those streets that don' t meet standard 20 that will fail over time will need to be improved, and those 21 improvements, whether the annexation goes forward or not, 22 will be paid for by local property owners. Typically, we do 23 that through a Special Improvement District. 24 The City also has adopted an Access Management Plan 25 on South College Avenue, and many of the board members have 13 1 been involved in these discussions over the years, and I want 2 go into that in detail, but I want to remind everyone of 3 that. 4 The streets within the area, as I mentioned, vary 5 tremendously from this type of gravel surface to a pavement, 6 but, again, not meeting the standards. As these areas 7 develop or streets are rebuilt, the City will be working very 8 closely with area residents to come up with a way to finance 9 creatively those improvements, as well as the street section 10 that matches the character of the area, and that also 11 includes street lighting. 12 The City has acquired a tremendous natural area of 13 protection within the annexation itself. It's a very large 14 natural area, which I won' t show here, but it is a 15 photograph, which is in the background here just to the 16 south, and then there are a couple of other pockets of 17 natural areas. And we also have Coyote Ridge Open Space west 18 of College, and so there' s a lot of other open space areas in 19 this area to the east as well . 20 There were some questions at the work session about 21 park facilities, and I just wanted to point out that the City 22 has invested a considerable amount of money and time 23 designing and building parks immediately adjacent to the 24 annexation area, and some of those parks you're probably 25 familiar with. Fossil Creek Community Park, it' s our newest 14 1 park. It is just outstanding. It's our premiere facility, 2 and that will be located just east of the annexation area, 3 and I think I indicated on that, all of the facilities that 4 are located in that park. 5 It is a very well-used park, and here, in Fossil 6 Creek Meadows, you are quite close there. To the west and to 7 the south of Harmony Road, you have Ridgeview Neighborhood 8 Park. That helps to serve the subdivisions on the north and 9 west side of the enclave. You have the Homestead 10 Neighborhood Park on the south of Trilby Road and west of 11 College. 12 Also, the Province Town Development, which is near 13 the southeast corner of College and Trilby, east by about a 14 half mile, they actually have a neighborhood park planned 15 that should be constructed by 2008. So many of those within 16 Trilby Heights, for example, would enjoy the benefit from 17 that neighborhood park when it's constructed. 18 The City will be collecting park impact fees as the 19 area develops, and those fees will go towards either 20 enhancing the existing parks and/or constructing new parks as 21 the densities rise enough where we can actually retrofit some 22 areas for parks, but we don't have any specifically planned 23 for the area. As I mentioned, most of them are built-out, so 24 we wouldn' t have opportunity in this subdivision. 25 I 've got some graphics that very briefly show the 15 1 impact of the annexation area to property owners, and we have 2 gone through some of this in work session. I don' t think I 3 am going to go through it in great detail, but just to walk 4 you through it. With respect to utilities, you see a series 5 of columns there. You have the Larimer County status, 6 whether it 's a service, and then the change to area residents 7 upon annexation. 8 And you will notice that with the exception of the 9 electric utility and the switch over for service, we don' t 10 really have any significant changes between the City and the 11 County, and that also holds true for streets, as I mentioned. 12 We go on to the regulatory environment, and we're going to 13 talk at the end of the presentation a little bit about 14 mitigation measures . There are some code changes that are 15 being contemplated, which will help ease the transition for 16 those residents coming from the County to the City. 17 One of the key analyses that we had to conduct 18 during the review process of the enclave was the impact on 19 the City' s financial position. Given that, generally, 20 residential areas cost considerably more to provide service 21 than they do generating revenue, there is a situation 22 that -- we go into a pie chart here. Pardon me. Back up. A 23 graphic that shows the revenues versus the expenditures, and 24 this would be without any mitigations. 25 As you can see, it ' s a very close match between the 16 1 two sides of the ledger. And, while that sounds good, the 2 problem that we have is that the funds in which these 3 measurements can be generated or allocated toward, actually 4 are skewed towards nongeneral funds. The revenue side and 5 the expenditure side tend to be more for the key areas of 6 police services, and, to a lesser degree, transportation and 7 maintenance, and that creates a little bit of a dilemma for 8 us. 9 If you look at the percent for police services for 10 the entire enclave, right around 1. 6 million -- and that is a 11 significant number -- if you look at the revenues that will 12 be generated, this bar chart breaks down that area on the 13 basis of neighborhood, and you will see that the two columns 14 almost to the far right relate primarily to commercial areas, 15 the Trilby Heights frontage and southward to the Kelmar Strip 16 frontages . And you see where most of the revenue is going to 17 be generated quite frankly. If you look -- 18 MS. SCHMIDT: Could you just repeat what you just 19 said there? I recall seeing that chart, but I don't 20 remember. was that where the revenue was coming from by 21 neighborhood? The bars? 22 MR. GLOSS: Yes. The way -- it ' s by neighborhood. 23 If you look at the color-coded maps in your packet, you will 24 see the names of the residential subdivisions or the 25 commercial subdivisions and what's reflected on the chart, 17 1 are each one of those colored areas having its own separate 2 bar. 3 So go ahead and look at the lists. These are 4 sheriffs, from 2003, and the gradations in color reflect the 5 number of calls. Obviously, the darker color being the 6 greater number of calls, and you can see, even from a 7 distance, that the south College frontage has the greatest 8 number of calls, and then, to a lesser extent, the area 9 surrounding it. And then, the lowest calls tend to be in the 10 residential areas as you go further to the west. 11 And it goes without saying that it is supposed to 12 reflect use and density. with that information, we have 13 elected to pursue a phased annexation approach, and this is 14 an important phase in the plan. It shows up the four phases. 15 The boundaries of the phases could change slightly. This is 16 our best guess based on the information we have on hand, and 17 the phasing is related to -- it 's kind of obvious -- the 18 financial ability for the City to provide a full range of 19 services, but also for the progression of the utility service 20 extension. 21 But the first phase, they call it "College 22 Frontage, " and we talked about this in the past work session. 23 It 's pretty straightforward, and we went through a very 24 lengthy and expensive public process to arrive at the 25 recommendations this evening. 18 1 And some -- we have been accused of ram rodding or 2 fast-tracking this annexation through the process, when the 3 reality is, we spent the last two years meeting with area 4 residents trying to understand what their concerns are and 5 trying to ease that transition for residents and business 6 owners going from the County to the City. 7 And it has been a very tough process. We've had 19 8 public meetings, going back for the last two years, and one 9 of the last meetings were conducted -- under 12 or so over 10 the last six months, and the City Manager' s office just did a 11 tremendous job facilitating discussion with these owners. 12 And the discussions were based on the topic or geographic 13 area of the annexation, the commercial owners, thank God, and 14 then got specific information related to their types of 15 impact, as well as the obvious impacts to the residential 16 areas. 17 With all of that discussion, you have got some 18 wonderful summary information in your packets near the end 19 that summarizes the various issues that were raised. We 20 discussed them, but they go into greater detail, and we have 21 several staff members present here tonight to answer your 22 questions that might have come up during these meetings . 23 These are the proposed mitigation measures, and 2 24 wanted to just walk through these with you. We have the 25 first two, which are a little bit different color, relate to 19 1 the phasing-in of electric utility service, stormwater 2 service, as well as a subsidy of 20 percent of the 25 percent 3 Service Rights Fee. And that subsidy for the Service Rights 4 Fee would come through the Utility Reserve fund. The phasing 5 of stormwater utility would be over a five-year period, and 6 you have got percentages shown there. 7 And then, we have a series of other changes that 8 are contemplated city-wide. For example, with the use of the 9 provision of electric fences that are prohibited today and in 10 certain areas -- actually, barbed wire fences are permitted 11 only in industrial areas, and electric fences are prohibited. 12 This code provision would allow electric fences and 13 barbed wire fences in an urban state in a rural lands 14 district for the purposes of keeping in livestock. And also, 15 the electric fence provision would have an amperage 16 limitation. There are also some over changes, which we have 17 gone through in work session, and we would be prepared to 18 answer those questions. 19 Now, the last one relates to kind of a hybrid. it 20 doesn' t really neatly fall into either category because this 21 is specific to the annexation, but it also would go to 22 properties city-wide, and that would be related to 23 transportation improvement. The City wants to make a good 24 faith effort, working with various professionals, to try to 25 find ways to creatively finance improvements in the future 20 1 and also address some issues surrounding two potential street 2 closures. 3 One of them, actually, you are familiar with the 4 barricade that is up today; Palmer Drive that comes through 5 Fairway Estates. And we had a lot of concerns raised from 6 area property owners, and our intention is to support those 7 requests at this time, to maintain closure of the street. 8 I wanted to introduce some staff members, while I 9 have a second here, who participated in the public meetings . 10 They are here tonight to answer questions . Tess is with the 11 City' s Manager' s Office, and she just did a masterful job 12 facilitating a dialogue with area residents over the last six 13 months. She led the meetings with representatives of Light & 14 Power. Doug Martin, he is here this evening. David Averill 15 with Transportation Planning, Peter Barnes with Zoning, Beth 16 Sauder with our Neighborhood Services Office, and I really 17 appreciate them being here this evening. And I 'm sure they 18 will provide more information to you as the questions come 19 up, and we have them to respond. 20 So, with that, the staff would just like to 21 summarize by saying that this annexation request complies 22 with all State laws. we've gone through an exhaustive public 23 process. There' s certainly an agreement with Larimer County 24 that this needs to be upheld, and the staff is recommending 25 that the Planning and Zoning Board recommend that this 21 1 annexation be approved along with the recommended zoning 2 district. Thanks. 3 MR. LINGLE: Okay. Thank you, Cameron. And 4 tonight, since the City of Fort Collins is the applicant in 5 this case, there will not be a separate applicant 6 presentation. So we' ll move to the Planning and zoning Board 7 questions of the staff at this time. 8 MR. FRIES: One right off the top. On the slide, 9 you were showing sheriff calls. From the policing 10 standpoint, when you say the word "call, " is that an incident 11 or is that a citizen initiating a call? Is that a traffic 12 stop? What all encompasses the word "call?" 13 MR. GLOSS: I understand that it 's all requests for 14 service, and that is the full range you just mentioned. It ' s 15 citizen initiated. It would be a police traffic stop. It' s 16 the whole range of police involvement in that area that 17 relates to a specific point in time, an incident. It could 18 be a restaurant. It would be a -- could be a whole range, 19 burglars, all sorts of specific needs that would be generated 20 by an area. So it ' s the whole range. 21 MR. FRIES: And does the City of Fort Collins pick 22 up any of that slack now or are those numbers strictly from 23 the Sherif 's Department or how does that work? 24 MR. GLOSS: I understand that those are all of the 25 calls. we have a mutual aid agreement with Larimer County 22 1 where some of those calls we actually do respond to today. 2 Some of the numbers that you saw are not strictly, solely 3 attributable to Larimer County Sheriffs, and we don' t have 4 data that slices it finely enough to say what the percentage 5 or the exact number of those calls are or how they are 6 distributed between the City Police Department and the County 7 Sheriffs, but we do have a mutual agreement. 8 MR. FRIES: Thank you. 9 MR. LINGLE: Questions? 10 MS. SCHMIDT: I was reading through the staff 11 program, and I was a little confused. One here, it says, "A 12 Phase I annexation involving properties on College Avenue 13 would require five FTEs. " So I thought that was originally 14 for the whole annexation, but you're saying that even Phase I 15 would require five police officers? 16 MR. GLOSS: That' s correct. It would be five FTEs 17 for the first phase, five FTEs for the entire annexation 18 area. 19 MS. SCHMIDT: And they're really feeling that they 20 can absorb five by just reallocating? 21 MR. GLOSS: My staff will clarify the situation, 22 and the City is contemplating a temporary solution whereby we 23 would absorb in a very short period of time those calls by 24 existing employees. And then, as that area generates 25 revenue, those monies would go to the police department to ......._... 23 1 hire the necessary number of officers to provide all of the 2 services that we committed to. 3 MS. SCHMIDT: So saying that nothing changes 4 development-wise, the only revenue would be sales tax 5 revenue, and you would be able to spend all of that on police 6 officers is what you're saying? 7 MR. GLOSS: I wouldn' t generalize by saying "only 8 sales tax revenue. " That is not quite right. There are some 9 other fees that would be collected, but in the big picture, 10 you' re right. The lion's share is sales tax. There is a 11 little bit of property tax that we get. It 's nominal, 12 otherwise, the fees that we would be collecting, but your 13 general statement is correct, yes . 14 MS. SCHMIDT: So is there any anticipation in how 15 many years it would take to come up with the revenue to pay 16 for those five police officers? 17 MR. GLOSS: Well, based on the numbers that we have 18 today, we can come very close to, on a yearly basis, bringing 19 in those revenues for the first five. But where it becomes 20 difficult, quite frankly, is for the entire annexation area. 21 And that ' s why we've stressed anything in Phase I 22 generating the revenues, then being able to apply those 23 revenues to provide greater service that 's needed for the 24 residential areas. But, as I pointed out, we have a 25 difficult situation that we are in. Residential areas 24 1 generally demand tremendous services, and they don't generate 2 much revenue. 3 But, worst of all, is where you have to develop a 4 residential area and you can' t recover impact fees through 5 the development. So we are in a tough situation through some 6 of this annexation because it 's developed for residential 7 purposes. 8 MS. SCHMIDT: So really the first year before you 9 make the collections of the income is going to be the 10 hardest? 11 MR. GLOSS: That' s correct. 12 MS. SCHMIDT: That ' s all for right now. Thank you. 13 MR. LINGLE: Okay. Other questions? I 've got a 14 couple. I just want to understand street maintenance. After 15 a particular residential street would fail, and then it would 16 be reconstructed using a special improvement district, then 17 the City would take over maintenance of that? 18 Cam: That ' s correct, yes . 19 MR. LINGLE: So it would be a potential one-time 20 expense for some unforeseen time for a street as the need 21 arises? 22 MR. GLOSS: That ' s correct. 23 MR. LINGLE: Then Peter, we talked a little bit 24 about the sign amortization costs and assuming that Zoning 25 would need to do an inventory of the signs, and there would 25 1 be some initial staff costs associated with that? 2 MR. BARNES: Well, it probably would be a similar 3 process. What the City did years ago, when it was first 4 adopted in 1970, there was a six-year amortization period at 5 that time, I think. At that time, the City hired temporary 6 employees to go out and survey all the properties. Of 7 course, they were talking about the whole City, and we don' t 8 contemplate doing that at this time, but there would be a 9 need to expend staff resources to go out there. 10 We would have to, basically, conduct a survey of 11 each property, figure out how much sign allowance each 12 property was allotted, measure the signs that they have up to 13 see if they are over their sign allowance. Some things are 14 pretty obvious. We don' t want rooftop signs, and some 15 businesses have rooftop signs. 16 So, that type of thing, we could take care of 17 pretty easily, but there would be some staff resources, and 18 we would just absorb that through current staffing levels. 19 Our goal would be to try and do those surveys -- obviously, 20 not before the annexation occurs, but when the annexation 21 occurs, we would try to get those surveys done within 18 22 months, and then notify all of the property owners with 23 specifics. Maybe sooner, if we can, so that they would have 24 maybe five years or so of advance notice as to what 25 specifically they would have to do. 26 1 MR. LINGLE: Okay. Thank you. Are there any other 2 development standard related things that would -- that the 3 land use code has an amortization period for, whether it' s 4 landscaping or building design standards or anything like 5 that? 6 MR. BARNES: No, as far as I know, the sign code is 7 the only kind of amortizations that are in use in our land 8 use code. 9 MR. LINGLE: Okay. So our only opportunity to 10 bring some of those areas up, in terms of design, would be 11 through redevelopment? 12 MR. BARNES: Yes. 13 MR. LINGLE: Okay. 14 MR. FRIES: Is that strictly redevelopment or 15 change of use? 16 MR. BARNES: Change of use. 17 MR. FRIES: So you wouldn' t necessarily have to 18 redevelop for this flea market turned into a grocery store, 19 for example? That would be a change of use, correct, where 20 they had to bring their property up to code? 21 MR. BARNES: Retail-to-retail may not necessarily 22 be a change of use, but a flea market into an office, for 23 instance, or a restaurant, that ' s clearly a change of use 24 that would trigger having to comply to the extent reasonably 25 feasible. Obviously, it might not be possible to pick up a 27 1 building and move it, but we would be looking at parking lot 2 improvements, landscaping. Other departments would also have 3 the opportunity at that time to require upgrades as well . 4 MR. FRIES: Is there any fees collected or any 5 potential fees associated with the change of use? 6 MR. BARNES: Well, they would have to go through a 7 development review process. That might be something as 8 simple as a minor amendment, or it could be, in a certain 9 instance, a full-blown Type I or Type II Review. So we would 10 reflect the development application fee. Transportation 11 development review fees might also apply. Building permit 12 fees would kick in. The other departments, Light & Power, 13 might have fees as well at that time. 14 MR. FRIES: Okay. Thank you. 15 MR. LINGLE: I think my only other question -- 16 Cameron, could you put your slide up that had the nine 17 mitigation issues on it? I just want to make sure I 'm clear 18 on this. The two in blue are the ones that are specific to 19 this annexation, and the other seven would be city-wide? 20 MR. GLOSS: That's correct. The last one, like I 21 said, is kind of a hybrid, because we have one component of 22 it to this annexation. 23 MR. LINGLE: Okay. And that would be as yet to be 24 determined how the -- 25 MR. GLOSS: No. I would have to say that we have 28 1 two neighborhood street connections that have been causing 2 some concern with area residents. They don' t want to see 3 those streets connected, and it ' s our position, evaluating 4 the conditions, that we would be supportive of the lack of 5 connection at this time, and it's very similar to what we did 6 two years ago at the south location. 7 And Judy might remember this, where we had a 8 roadway terminating on either side of Spring Creek and a 9 situation there, we had a Master Street Plan that showed the 10 street going through. But there is clearly no need at this 11 point to provide that street connection, and the conclusion 12 that the City Council provided within the annexation 13 ordinance, a resolution and a statement that Council did not 14 support extending the street and connecting it. And that 15 would be a similar condition that we would have here. 16 MR. LINGLE: Okay. Thank you. Any other 17 questions? 18 MS. SCHMIDT: Cameron, you're talking about the 19 roads, that if some roads fail, then it would be a Special 20 Improvement District, and they would be improved. I 'm sure 21 one of the concerns are what standards do they have to be 22 improved to? Some of the pictures you showed us, they were 23 asphalt, but no side gutter or anything. 24 If that was what the neighborhood wanted, would it 25 be possible to replace it with that so that they could keep a 29 1 rural feel or would it have to be replaced according to a 2 different standard? 3 MR. GLOSS: The standard can be -- there is a 4 process to do that. We have actually constructed streets 5 within the City through SIDS where they don' t meet exactly 6 Larimer County street standards in terms of its 7 cross-section. 8 So, for example, we have some streets that don' t 9 have sidewalks. They don' t have a drainage system that are 10 the same. They might not have, actually, a curb. They might 11 have a concrete ribbon at the end of the asphalt to keep it 12 from degrading over time. What we probably would not vary 13 much would be relative to the pavement surface itself, in 14 terms of the sub-base and the design of the roadway so that 15 it can hold up over time. 16 But the actual design, we start thinking about the 17 various components that go to the street -- we have 18 flexibility. And, if the staff has worked with the residents 19 in other situations, where we said, "Yes, if you want to keep 20 that, we can work with you. ,, And Light & Power can speak to 21 the lighting, if there is lighting. We have also been 22 flexible on lighting because some of these areas, it 's not 23 desirable to have a lot of light. You want to have enough 24 for safe conditions, but not necessarily that you have 25 problems with light pollution. 30 1 MS. SCHMIDT: So how does that usually work if 2 there is a neighborhood consensus that has some direction? 3 MR. GLOSS: we have a. collaborative process. I 4 will give you an example. The recent SID where Matt Baker, 5 with the Street Oversight Program, worked with area residents 6 and the engineering staff to come up with what was an 7 acceptable cross-section, and then that project was 8 subsequently constructed. 9 MS. SCHMIDT: Thanks . And the other question on 10 these mitigations, the ones in blue, I understand the ones 11 that might be city-wide I presume will be land use code 12 changes and will also come to us, and we will be voting on 13 those? 14 MR. GLOSS: That' s correct, and those changes will 15 be coming to you at your next meeting. 16 MS. SCHMIDT: Okay. Then how would the other two 17 monetary changes be? Is that a resolution that City Council 18 makes? 19 MR. GLOSS: There is actually going to be a 20 separate action specific to this annexation. 21 MS. SCHMIDT: I guess my question -- I have a lot 22 of concern about the mitigation ideas, I guess . For one 23 thing, if we pursue the phasing-in, so suddenly we're making 24 an agreement with someone over monetary charges that we may 25 not phase in for eight years or something. 31 1 Now, would that still be binding if this council 2 votes on that with this resolution, and then eight years 3 later when those people get phased-in and actually get 4 annexed, are you saying fee charges or mitigations wouldn't 5 still apply to them? 6 MR. GLOSS: Yes, they would. 7 MR. ECKMAN: They would probably be a part of the 8 annexation ordinance that the City Council passes, and 9 although, I suppose in a stretch, you might think that a 10 subsequent City Council could go back and amend the earlier 11 ordinance, I haven' t seen that done. I highly doubt that. 12 MS. SCHMIDT: What is the staff ' s feeling about the 13 precedent this sets for other annexations and -- because I 14 take it, by having these separate, that this is something we 15 are not ready to say that in future enclaves we would be 16 willing to give people the same kind of deal . 17 MR. GLOSS: Well, from our perspective, we like to 18 look at these on a case-by-case basis, but one might argue 19 that they could set a precedent. 20 MS. SCHMIDT: Okay. One other question. You 21 mentioned something also about a parks fee. Who pays that? 22 MR. GLOSS: The parks fees are assessed at the time 23 of building permit, so every residential unit pays a fee, and 24 that fee -- gradations are set based on the type of unit. 25 So, if you were assessed a different fee, (inaudible) for 32 1 example. We have also made special provisions for care 2 facilities, based on their level of impact, as an example. 3 MS. SCHMIDT: So, when folks get annexed, does this 4 fee get added on -- 5 MR. GLOSS: It' s only for new construction. 6 MS. SCHMIDT: Okay. I 'm going through my list. I 7 think that ' s it for right now. Thanks . 8 MR. LINGLE: Okay. Any other questions? 9 MR. FRIES: Back to the street standards real 10 quick. It 's my understanding that if the annexation didn' t 11 occur, that street or road improvements would be financed 12 through the County, very similar with the Special Improvement 13 District? 14 MR. GLOSS: That ' s correct. 15 MR. FRIES: So the folks being annexed, at that 16 point that their roads need to be improved, they're going to 17 be inheriting the cost whether they're part of the City of 18 Fort Collins or Larimer County? 19 MR. GLOSS: That ' s correct. 20 MR. FRIES: It may not be exactly the same, but 21 there is at least a cost associated with that? 22 MR. GLOSS: I would assume that it would be the 23 same, because we have the same street standards. 24 MR. FRIES: Okay. One other utility related 25 question. At one of the public hearings, there was a comment 33 1 made by a business owner, that according to his math, his 2 electric bill was going to go from $2400 a month to $4000 a 3 month. Is that even possible or what kind of formula would 4 we be using here? 5 MR. MARTINE: I 'm Doug Martine from Light & Power. 6 I met with that customer today, and although the rates are 7 not my specialty -- I also had another fellow from the office 8 who does deal with rates -- and for this particular customer, 9 like I said, we met with him this afternoon, there's -- it ' s 10 kind of an anomaly. 11 His use pattern is very different, and although the 12 numbers he had weren' t quite right, under some circumstances, 13 his electric bill could be higher, even with a 5 percent 14 Service Rights Fee. However, under other circumstances, with 15 a little effort on his part, he could save approximately $500 16 to $600 per year on City Power. He could have some months 17 where he pays more and some months where he pays less, but 18 that could be as much as $500 to $600 a year in savings . 19 MR. FRIES: And this "anomaly, " as you describe it, 20 is that an anomaly just in this southwest enclave or is that 21 even an anomaly in the entire City? How unique is this, in 22 other words? 23 MR. MARTINE: His is pretty unique overall. I 'm 24 sure there are other customers that are similar, but, 25 basically, his use pattern is such that he has a high 34 1 momentary demand periodically, but over the course of a 2 month, he doesn' t use that much electricity. So he pays for 3 the demand component for the electric rate, but he doesn' t 4 have to pay a lot for the energy, because he doesn' t use that 5 much energy. 6 MR. FRIES: Okay. That answers that good. Now, 7 let ' s go back to a typical business, if there is such a 8 thing. But somebody that -- you know, 10 to 15 employees, 9 uses air conditioners, has fluorescent lighting, maybe runs 10 some light machinery, what would their electric bill look 11 like typically from REA compared to the City? 12 And I know that is probably a tough question, but I 13 am just really trying to get a -- I 've heard a lot of things 14 that I believe are speculation regarding city utilities is 15 far more expensive than REA. We've seen a lot of information 16 regarding residents, and I believe that not to be the case, 17 but I 'm trying to focus on a typical small business. What 18 would be an up or down, specifically on electricity, in your 19 opinion? 20 MR. MARTINE: In my opinion, every one that I 've 21 looked at, with the exception of this one that we talked 22 about today, every customer would see a decrease in their 23 electric bill on City Power, assuming that it adjusts to the 24 5 percent Service Rates Fee. 25 MR. FRIES: Thank you. 35 1 MR. LINGLE: Okay. Are we ready for public 2 testimony then? All right. We ' ll move to the public input 3 section of our meeting and open this up to anyone who would 4 like to address the Planning and Zoning Board tonight on this 5 matter. If you could come forward and give us your name and 6 address for the record, sign the log at the podium, we would 7 appreciate it, and we can give you three minutes tonight. 8 MS. MCFAY: My name is Ann MCFay (phonetic) . I 9 live at 422 Kyle Avenue. It' s on the east side of Kyle, the 10 last house before you get to the Humane Society, if you know 11 where the Humane Society is. And I 'm a little concerned 12 about the streets because of the Humane Society. That 's 13 where most of the traffic comes from. I have 1200 foot of 14 frontage on Kyle Avenue. I don't want to be caught upgrading 15 Kyle Avenue for the Humane Society. 16 And I was out there before the Humane Society went 17 in, and that was part of that agreement with the County, was 18 that the County would upgrade that road and maintain it, 19 which they have up to this point. I don' t want to see that 20 go away in the City, because otherwise, we're talking about a 21 street that had very little traffic on it, but you would be 22 surprised how many cars go down to the Humane Society. 23 On the same issue, all of the current City maps 24 will show Kyle Avenue as being connected from Trilby to 25 Skyview or -- I think it' s "Skyway, " and that certainly does 36 1 not go through there. 2 I would encourage and be very disappointed if the 3 City maps are not changed since you added this one, because 4 you would be surprised, again, if there' s a detour, how many 5 people will come down that street and try to go through it. 6 And I don' t think that' s ever going to be developed because 7 of the wetlands process, even though that shows up on the 8 City maps. 9 I would like to make a couple of comments about the 10 calls that I personally have made and I know that some of my 11 neighbors have made to the Sheriff 's Department, and another 12 question, many of the calls are for fireworks in the city. i 13 woke up at 3 :00 on July 5th morning and fireworks were still 14 going off, and they were coming from city subdivisions. I 15 did not call, but I was very tempted to, and it kind of tells 16 me that these guys -- why are the police department not 17 coming down on somebody? 18 Some of the other calls that I personally make are 19 due to underage drivers on vehicles that should not be on 20 city streets . The question to that is what are the City 21 street codes for underage vehicles or ATVs or small 22 motorcycles or whatever they're called, if that ' s the same as 23 the County or different? 24 And i know that this light is going to go off here 25 shortly, and I 'm sorry about that. I would like to know how 37 1 I can get a copy of some of the slides that were on the slide 2 thing tonight, maybe? Who I can talk to about what my 3 personal property might be zoned as and make some comments on 4 that, and, if during this phasing-in, do I happen to be -- I 5 think, in Phase II -- and I 'm not even sure about that. 6 Now, if I decide to sell or put up a new garage, 7 who do I go to during this phasing-in? Is it a city building 8 permit or a county building permit? I think that ' s an issue 9 that a lot of people are going to have. I thank you for your 10 time. 11 MR. LINGLE: Thank you. Is there anyone else that 12 would like to speak? 13 MS. ROBERTS: My name is Sandy Roberts. I live at 14 6858 over on South Shields in the enclave area. And a couple 15 of things that were not brought up, and I would like Planning 16 and Zoning to be aware of, is for one thing, some of that 17 area is definitely rural in character. I live on a small 18 farm, and even with the new proposed zoning, there are 19 certain things that I think will impact the way that I am 20 able to do things on my property out there. 21 I would like to know -- Cameron, you mentioned some 22 things, that the RUL is going to come up at the next meeting. 23 I would like to know when that is. I am kind of curious if 24 the part that is coming up now -- when the RUL is not 25 completely in place. That ' s just a question that I have on 38 1 there. 2 And another question that comes to mind, talking 3 about impact fees, and I, of course, have a little farm out 4 there, and one of the areas that could potentially develop, 5 one of the few in the area that could potentially develop. 6 When we build out there, we had to get a building 7 permit. we had to give up a 30-foot wide strip of our 8 property along Shields that was deeded either to the City or 9 County. I 'm not sure which, and when they widened that 10 portion of Shields three or four years ago now, they didn't 11 move our fence line back to accommodate that right-of-way, 12 which is now, as I said, I 'm not sure if it was the City or 13 County. 14 And the other thing we had to do at that time was 15 pay a park fee. Should we develop our property or sell it to 16 a developer, would another park fee be applied to that 17 property if it were to develop, and what percentage of that 18 would be paid since one was already paid when we built our 19 own home there on the front? Thank you. 20 MR. LINGLE: Thank you. Is there anyone else that 21 would like to speak? Okay. Seeing no one, we will close the 22 public input. And, Cameron, could I have you address some of 23 those issues? First thing, I guess, is the Kyle Avenue 24 Special Improvement District. Is that typically based on 25 frontage or is there a traffic report that' s -- 39 1 MR. GLOSS: They typically are based on frontage. 2 That is correct, yes. 3 MR. LINGLE: Are you aware of any agreements that 4 are in place on any of these streets that might affect any of 5 that? 6 MR. GLOSS: No, I 'm not. I 'm not aware of it, 7 specific agreements, either on this development or any other 8 development within the annexation area for that matter. 9 MR. LINGLE: If there happened to be agreements 10 that the County had made to the City, could the City inherit 11 those? 12 MR. ECKMAN: I don' t think that the City would be 13 bound by any agreement that the County made, but the City 14 will inherit the streets, but I don' t think the City inherits 15 obligations that the County has contracted for. 16 MR. GLOSS: Maybe to clarify, to answer his 17 comments, the County maintains the road to their standard. 18 The City will maintain the road to the same standard, but at 19 such time that it fails, the situation is the same for the 20 County, that neither jurisdiction will pay for the public 21 improvement, and it will be assessed against that property 22 owner. And typically, it 's based on property tax. That is 23 correct. 24 MS. SCHMIDT: Is that just like you have -- it 's 25 all residential? But obviously, like the Humane Society, 40 1 it 's not really residential use. I don' t know if it 's zoned 2 commercial or what it really is, but does it change based on 3 the use on the roads? 4 MR. GLOSS: No, it doesn' t. And the SID, it would 5 be based on usually frontage. However, I think there have 6 been situations where we have taken other factors into 7 consideration to come up with a program to share some of the 8 improvements, but it' s normally customary to use street 9 frontage. 10 MS. MEYER: But doesn' t the Humane Society have to 11 participate? Isn' t it everybody' s frontage? 12 MR. GLOSS: But they don' t have very much frontage, 13 actually, because they' re at the very end. 14 MS. MEYER: But, if this lady has 1200 feet, and 15 they have only got 400, where is the other 800 on the other 16 side? I mean, I 'm just asking, if it' s both sides of the 17 street that have to participate, right? 18 MR. GLOSS: That's correct. 19 MR. LINGLE: Yeah, but I think her point is that 20 her proportional impact, based on her traffic generation, is 21 not commensurate with her frontage. 22 MS. MEYER: I understand that, but all things in 23 life are not always fair, but there's somebody else with 24 another 800 feet over on the other side. You know, if she' s 25 got 1200 feet on this side, there's somebody else over here 41 1 that has got 1200 feet. 2 MR. GLOSS: I know, but, if it 's just another 3 single family home on a large lot, so you basically have two 4 people who are paying the majority of the street improvements 5 for a -- let 's say it' s a commercial facility that 's creating 6 most of the traffic. That doesn' t seem like that is really 7 fair. 8 MS. MEYER: I 'm not sure that 's fair, but I think I 9 want to chit-chat with someone about that. 10 MR. STOCKOVER: My question is, is there an appeals 11 process or any process in place for when these situations 12 arise? 13 MR. GLOSS: You know, I can' t speak to the 14 technical aspects of the SID. I just can' t speak with 15 authority. 16 MS. SCHMIDT: Cameron, have you looked at the 17 connection for Trilby to Skyway? Is that -- I can' t see 18 anything on the map because it' s so small, and it may not be 19 included. But is that something that is proposed to be 20 connected or is this another case where we want to look at 21 whether it should be or not? 22 MR. GLOSS: The Kyle Avenue extension, as was 23 mentioned, actually is a City Natural Area, so that will not 24 go through. 25 MS. SCHMIDT: Okay. So that road will never 42 1 connect? 2 MR. GLOSS: Never is a long time, but considering 3 that it' s a City Natural Area and that it has been acquired 4 for purposes of maintaining a natural habitat, it ' s highly 5 unlikely. 6 MR. LINGLE: Okay. How about ATV usage? Is there 7 any difference between city streets and county roads in terms 8 of what ' s lawful? 9 MR. GLOSS: That' s a good question, and I can' t say 10 that I have an answer. 11 MR. LINGLE: Okay. 12 MR. GLOSS: Excuse me. David Averill of 13 Transportation Planning can address that. 14 MR. AVERILL: Dave Averill of the Department of 15 Transportation Planning. I don' t know the traffic code back 16 and forth, but my hunch is that -- I know that the City's 17 Traffic Code is based on the Model Traffic Code of the State, 18 which probably has a lot of adherence with the County Traffic 19 Code. 20 There may be some sort of consideration for rural 21 residents to be able to drive a four-wheeler on a public 22 road. I know that, in the City, we would not allow that. 23 You can' t even have a motorcycle without a license on a city 24 road legally, so I think that would be a similar situation 25 with ATVs, whether it 's a kind of recreational vehicle, 43 1 someone might be cruising around or whatever. 2 We have questions similar to that raised from 3 people like that, so there are some emerging technology that 4 we need to deal with, but we wouldn' t allow four-wheelers on 5 a city street under any circumstance. 6 MR. LINGLE: Okay. 7 MR. ECKMAN: I would like to respond a little bit 8 to the question about assessments and frontage. In the 9 Special Improvement District in the code, under the heading 10 of "Assessments and Apportioning the Costs of Streets, " it 11 says, "The improvement of streets, the cost of such 12 improvement or any portion, may be assessed upon all lots and 13 land abutting on the streets improved in proportion as the 14 frontage of each lot or tract of land is to the frontage of 15 all lots and lands improved. For the purpose of assessment, 16 the sides of corner lots shall be treated as frontage when 17 the street upon which such side abuts is improved. " 18 Then it goes on to say, "The City Council may 19 provide for any other manner of assessment to pay the costs 20 of the improvements which it determines is equitable and 21 fair. " So, it's like Cameron said, the typical standard is 22 street frontage, but the City Council is at liberty to come 23 up with another standard that it thinks is more fair. 24 MS. SCHMIDT: I don' t know how those initially 25 start, but then -- so someone would have to appeal to the 44 1 City Council for a change in the way that is set up? 2 MR. GLOSS: It would really start with staff. 3 Staff is the delegated authority to help put together that 4 district, and then it goes on through the public process, but 5 if the staff, working with area residents, determined what 6 improvements are going to be made, and again, how those costs 7 are going to be apportioned, because during that discussion 8 would be how one item like this would come up. 9 Is it fair and equitable for one property owner 10 that doesn't have frontage or very little frontage could pay 11 less than a property owner that maybe has a less impact use 12 but has the greater frontage, and try to come up with a 13 system that's fair to the apportionment of costs. 14 MS. SCHMIDT: So staff would have the authority, 15 given that, to come up with a different recommendation than 16 just frontage? 17 MR. GLOSS: Correct, but when the SID is created, 18 it still acts through a Council action. So, if at that time, 19 that staff recommendation would come forward to Council, they 20 ultimately would be the ones to make that decision. 21 MR. ECKMAN: And at the public hearing is the 22 creation of ordinance, and the Council has to decide how 23 things are going to be set up, how things are going to be 24 done, and whether the cost is fair, and how do we assess and 25 so on. 45 1 MR. LINGLE: I have a question about jurisdiction 2 during the phase-in. Is that until such time that that 3 particular phase was, the annexation, quote, would remain in 4 the County? 5 MR. ECKMAN: Right. If you need a building permit 6 before that phase has been recorded, you get the building 7 permit from the County. It 's not in the City until that 8 phase has been recorded. 9 MS. SCHMIDT: And that applies to the recorder and 10 everything? 11 MR. ECKMAN: Right. 12 MR. LINGLE: And there was a question about your 13 slide presentation. I don' t know what the staff 's position 14 on that is in general . Is it available to -- 15 MR. GLOSS: Yes, I believe that we have got a hard 16 copy of the proposed zoning maps that I could provide to you 17 this evening, and I can also e-mail you the show as well . 18 MR. LINGLE: Okay. Thank you. And then, there is 19 a question about park fees and how they are assessed. 20 MR. GLOSS: I think we touched on that before, that 21 we have park land acquisition fees, which are assessed at the 22 time of the building permit. 23 MR. LINGLE: And that 's for a per unit basis? 24 MR. GLOSS: They are a per-residential-unit basis . 25 And we have assessments for all residential properties . As I 46 1 said, we can make such provision for some kind of use, and a 2 good example would be a congregate care facility where we can 3 apply adjustments, because you attribute less impact to the 4 park facilities based on the population residing within a 5 care facility. 6 MR. LINGLE: Okay. 7 MR. GLOSS: And typically, you would be assessed a 8 fee for the type of residential unit that is being 9 constructed. 10 MR. LINGLE: So, if they have already paid a park 11 fee on one house, and then they subdivide that land to build 12 20, then there essentially would be 20 more park fees? 13 MR. GLOSS: That ' s correct. 14 MR. LINGLE: Okay. I think the last item, that I 15 had written down anyway, was the RUL zoning and timing of 16 that. 17 MR. GLOSS: Yes, the RUL district has come before 18 you twice, and both times your recommendation was to go 19 forward with the approval for it to City Council . We have 20 made some more changes to the district, largely because of 21 the public process that we have been going through for the 22 annexation. 23 So we' ll be coming right back before you then on 24 September 5th when the City Council considers a separate 25 annexation ordinance. They will also be considering the RUL 47 1 district -- because we can' t obviously approve an annexation 2 or zoning district that does not exist -- to tie the RUL to a 3 portion of the annexation area. 4 MS. SCHMIDT: Cameron, one question I had on the 5 lines of the zoning. I guess I 'm a little unclear what -- 6 well, if we recommended to City Council -- let 's say, for 7 example, that we did recommend annexation with the phased-in 8 process, and then we always recommend zoning at the same 9 time. 10 At the time that those phases actually do come up 11 for annexation, will it come up for a vote again, with the 12 zoning again, or is that done all at one time, being when the 13 City Council votes on it? 14 MR. GLOSS: Actually, it would be delegated to the 15 City Manager to actually do the recordation of the annexation 16 map. But if the phases were to change, we've got an 17 annexation phasing map. It ' s the draft that you have seen 18 tonight. It 's in your packet, and we' ll be potentially 19 refining and changing that slightly. 20 When it goes to Council September 5th, assuming the 21 Council goes ahead and approves the annexation, should that 22 time change, we're going to come up with a specific schedule. 23 What we said is, within 10 years, we' ll come into Larimer 24 County and annex the entire area. All maps will be recorded 25 for all phases. 48 1 But, within that time frame, we are going to be 2 looking at target dates for each one of those map 3 recordations . And the City Manager is going to have the 4 opportunity to make his recommendations to either extend the 5 time period for recordation or actually make it come up 6 faster. 7 So here' s a good example: You have a big vacant 8 piece of ground, and somebody comes in with a development 9 application. It 's a situation where we would like to come in 10 and recover these impact fees . We could potentially abandon 11 the annexation phase and include that development. That is 12 one example. 13 There could be other valid public purposes to 14 extend or modify that phase-in, based on the utility services 15 provision is another example, or maybe there's other 16 extenuating circumstances with the City Budget. It' s just 17 hard to anticipate all of those different permutations, but 18 the point is, it is ultimately going to be up to the Council 19 to decide how the phasing would change, if it does, if the 20 City Manager is to make a recommendation. 21 MR. ECKMAN: Cameron, correct me if I 'm wrong, but 22 if nothing changes, if the phases are the same as the Council 23 approves the annexation, if at all, and the zoning is set out 24 at that time as well in a zoning ordinance, then there would 25 be nothing to come back to the Council, because it would be 49 1 an administrative action for the City Manager to simply 2 record the phase maps in accordance with what the Council 3 said. 4 And the zoning ordinance would be, I 'm thinking, 5 although, it hasn' t been drafted yet, but I 'm thinking that 6 the zoning ordinance would be set up such that it would not 7 take effect until those maps were recorded, but instruct the 8 City Engineers to amend the zoning maps only when the 9 annexation phase maps were recorded. Because you wouldn' t 10 want three zones . So that would automatically take effect 11 then by the City Engineer at the time that the phase maps 12 were recorded, and it would all be done administratively. 13 MR. LINGLE: Would there be some notification to 14 the people within that zone of when that happens so that they 15 know then to go to the City for the building permits and 16 things like that? 17 MR. GLOSS: I 'm not certain how the kinks are going 18 to work. I would say that we send out letters to all of the 19 residents of any enclave providing the schedule for the 20 initiating resolution here tonight, and then the two City 21 Council hearings. But we really haven't gotten to that point 22 yet, and we're certainly taking that as a really good 23 suggestion. 24 MR. ECKMAN: It seems like a good idea. Either, if 25 not a mail notice, then in the press, some kind of 50 1 publication in the paper that shows you' ll be coming into the 2 City now. It seems like a good idea. 3 MR. LINGLE: Okay. I think that -- does anybody 4 else have anything that they heard from the public they need 5 to address? 6 MR. FRIES: One small thing that might be 7 pertinent, and it might not. In regard to -- I believe she 8 said her name was -- on the maintenance issue on the street. 9 I can' t find it for the life of me here, but I 'm sure I read, 10 that as part of our zoning proposal, we have to make an 11 amendment in the proposed zone to allow the Humane Society. 12 Isn' t that correct, for an animal shelter? 13 MS. SCHMIDT: I think it was having to do with 14 wildlife, but not just the cats and the dogs. I think that' s 15 already permitted. 16 MR. FRIES: I think it was actually animal shelters 17 or wild animal fees . Is that what it is? 18 MR. ECKMAN: As I understand, it has to do with 19 wild animals, and they' re not allowed in the City, and this 20 animal shelter has them, so that would have to be changed to 21 accommodate that. And that would not be, incidentally -- I 22 think there was some question about are all of those changes 23 land use changes, and they are not. A couple of them are, 24 and others are changes to the City Code, and I think that is 25 a change in the animal section of the City Code. 51 1 MR. FRIES: So, by having to make that amendment, 2 is there anything that we can do to help with the traffic 3 situation? It's kind of a unique situation that you have 4 actually got a residential zone and a very commercial use at 5 the end of it. Is that in our purview, to aid in that 6 situation or not? 7 MR. GLOSS: I 'm uncertain what type of mitigation 8 that we could suggest. We do have a situation in other parts 9 of the community, and I guess in the discussion of SIDs is 10 that there may be a way to come up with a fair and equitable 11 solution other than street frontage, as indicated, may not be 12 the fair way to assess cost of that street improvement. But 13 that would be through a process of the SID creation, and 14 that ' s probably several years away. But I can't think of 15 anything else that this -- an action of the City at the 16 present time that would help to address that situation. 17 MR. FRIES: So, at the time, for these residents, 18 they could organize themselves to some effect and lobby the 19 City Council, is actually who you would be -- that ' s who is 20 creating the rules for the SID, correct? 21 MR. GLOSS: That 's correct, yes. Ultimately, 22 that 's correct. 23 MR. FRIES: And it could be addressed at that time? 24 MR. GLOSS: Yes . 25 MR. FRIES: Okay. Thanks . 52 1 MS. SCHMIDT: Cameron, my questions are sort of on 2 the zoning, and first of all, I feel in some respects we are 3 supposed to be making a recommendation to move forward based 4 on an RUL that we haven' t seen the final product, and we are 5 not going to see it until next month. Just in general, that 6 creates a certain amount of discomfort, I think. 7 MR. GLOSS: I would just like to offer that the 8 district will not materially change from the one that you saw 9 last time. The density is the same. we do have a minor 10 change that was noted specific to the fences, but otherwise, 11 it ' s the same. 12 MS. SCHMIDT: All right. 13 MR. AVERILL: Could I interject back to that Kyle 14 Avenue issue real quick? I think that I can maybe shed a 15 little bit more light on it. I wish we had Matt Baker here, 16 because Matt facilitates all of the SIDs, and he ' s been at it 17 for 20 years . And I think, my understanding is, they all 18 come together in different ways . That are all unique 19 entities . 20 And I know that when he looks at them, it' s an 21 area-wide assessment of affected properties or relevant 22 properties. And it ' s their proportion of the improvement, 23 what they're required to participate with, is based on if 24 they have redevelopment potential, their frontage, and also 25 the generation for traffic. So there is a mechanism for 53 1 equity in there. 2 Obviously, if certain parcels are creating more 3 trips, then it ought to be chipping in more into that 4 improvement, and I think that 's the way that Matt usually 5 handles it. 6 MR. FRIES: Thank you, for that. 7 MR. AVERILL: You bet. 8 MR. LINGLE: Okay. I guess that we' re ready to 9 move on to our deliberations. We talked in work sessions 10 about treating the nine mitigation measures as individual 11 items similar to how we look at land use code amendments. 12 Cameron, would it be your recommendation that we deal with 13 the annexation and zoning first, and then, depending on what 14 our findings are, then take up the mitigation, or do -- 15 MR. GLOSS: Yes, that seems appropriate to address 16 the annexation issue first and then potentially group those 17 mitigation measures. Maybe there are a few that tend to be 18 more controversial . Maybe split those out from the others, 19 where maybe you have some time to go forward with a census 20 together with a separate vote for those. 21 MS. SCHMIDT: I don't know. I guess I would like 22 to get to the mitigation first, because I think, depending on 23 how those mitigation votes go, I might change my vote on 24 whether I support the annexation or not. 25 MR. LINGLE: I think that' s our prerogative. Maybe 54 1 what we should do is discuss those first then and see if 2 there are some that are grouped together that we don' t have 3 an issue with that we can deal with and talk about the others 4 individually. 5 MS. SCHMIDT: I guess that I would like to just 6 ask, this is probably an abbreviated wording on the 7 mitigation, or is that all that it really says is, "Specify 8 recordkeeping requirements for flea market operators. " Is 9 the actually wording going to be -- or by the time City 10 Council votes on this, will there be very specific wording 11 about that? And that wording, I presume, is going to be 12 words with the flea market operators, so they have some input 13 on that, right? 14 MR. GLOSS: The staff report goes into great detail 15 on each one of the mitigation measures. And I guess I would 16 recommend, if you have a specific question, actually, after 17 having gone through it -- we try to be succinct in 18 summarizing each one of the measures in the staff report. It 19 may be beneficial to go through those and then ask staff 20 questions if they need to provide clarification. 21 we've gone through these in the work session and 22 some of the others in past work sessions . I hope not to 23 spend too much time on all of the details, but, most of them, 24 we have discussed, but we will be glad to answer questions. 25 MR. LINGLE: Well, and you indicated that they' ll 55 1 come back to us next month? 2 MR. GLOSS: That' s correct. 3 MR. LINGLE: So we would see the actual words at 4 that time? 5 MR. GLOSS: Correct. You've got the substance 6 here, but you don' t have necessarily the exact code language. 7 MS. SCHMIDT: Well, let 's just say the gist of it 8 will always be to help alleviate some of the difficulties 9 that this annexation is causing or perceived to be causing to 10 the residents of the area, correct? 11 MR. GLOSS: Correct. 12 MR. LINGLE: Well, Bridgette, do you want to start? 13 MS. SCHMIDT: I guess the other comments or 14 questions that I would like to make is what staff feels the 15 rationale is for giving the first two mitigations, as far as 16 the fees. I understand that everyone is happy about having 17 greater fees, but that happens in a lot of instances. 18 And I 'm looking at it from the perspective of a 19 Planning and Zoning Board member, when the next, same 20 situation comes up, how do I weigh one against the other? 21 Are their certain factors that you took into consideration in 22 deciding this was a fair thing to do, such as -- like, income 23 in the area, house values in the area, money generated, or 24 some sort of guideline as far as the reasoning there? 25 MR. GLOSS: Sure. Why don' t we go with the first 56 1 one, which is the phasing-in on the stormwater fees. And we 2 went through a number of individual property owners and tried 3 to have them understand exactly how the fee was calculated, 4 and, then, what their total would be on a monthly basis . We 5 determined in some cases that it was a pretty substantial 6 change. 7 Obviously, their condition today is that they pay 8 no stormwater fee. So we were asked by the Council to try to 9 find ways to soften the blow, so to speak. Looking at that 10 on the financial side, how could we appease the business 11 owners who might not pay that today and budget for that 12 impact and be anticipating it and phasing it in their budget 13 over a period of time? 14 And we looked at different options. What if we 15 went with a phase-in over two years, three years, and so 16 forth. And we ended up using a five year phase-in and tried 17 to, again, look at what the typical dollar amount would be 18 for the typical Kelmar Strip or for a typical residence and 19 come up with a way that we thought, in our opinion, that we 20 would handle it from the stormwater utilities standpoint, 21 that they could absorb those costs . And, yet, at the same 22 time, move towards getting that fee collected and start 23 making necessary stormwater improvements for the community, 24 so, that was the logic. That was the progression of the 25 thought. 57 1 And we feel that we went out through the public 2 meetings and had significant opposition that when we told 3 area businesses, "You are going to pay 'X' number of dollars 4 per month, " the opposition was strong. And we had to go 5 through that process of trying to have individuals understand 6 why we collect the fee, then come up with a way to ease that 7 burden. And that 's what we ended up coming up with for the 8 recommendation. 9 MS: MEYER: I understand that you had some 10 difficult meetings, but I -- these first two, and they worked 11 with this one, but I don' t think that the City can afford to 12 do it for everybody, and that 's where my concern is. Those 13 are the two that I would -- like "Take care of me. " And I 14 think the City has to understand that ' s the way that ' s going 15 to be from now on, and, once we do it here, I don' t think 16 there is any going back. 17 MR. LINGLE: Even with voluntary annexation, isn' t 18 it that only at least 50 percent of the landowners in a 19 voluntary annexation have to agree to it? So, potentially, 20 you could have 49 percent of those people that are being 21 involuntarily annexed, and they would have the same argument. 22 So I think that we would be opening it, potentially, to 23 almost every annexation to being negotiated mitigations. 24 I mean, based on the direction you received from 25 the Council, in terms of coming up with something to offer, I 58 1 think that these are reasonable things. It' s just, what does 2 it mean down the road? And I guess I 'm kind of -- I think I 3 can recommend those to City Council, based on the fact that 4 they asked them to be created, and essentially it' s letting 5 them struggle with whether, fiscally, the City can handle 6 that, now, and into the future. But I think that staff has 7 come up with a reasonable solution based on that request, 8 MS. SCHMIDT: One question I had -- I 'm sorry. I 9 wrote it Cameron, but I can' t remember. Do both of those 10 utility fees come out of reserves so they're not affecting 11 the general budget in any way by offering these mitigations? 12 MR. GLOSS: That' s correct. 13 MS. SCHMIDT: And the same way, once we start 14 collecting, they would all go into those specific funds, 15 right? 16 MR. GLOSS: Yes . 17 MS. SCHMIDT: Okay. 18 MR. FRIES: Just so I understand, on the 19 stormwater, if I remember right from my notes, the average 20 cost to a business was $133 a month? 21 MR. GLOSS: Right. That was for a typical lot in a 22 subdivision. And again, that ' s typical . That 's based on 23 frontage and lot depth. That is relatively standard. We 24 have some that are multiple lots. We have others, commercial 25 frontages, that are larger. So, you know, we just threw that 59 1 out as an example, and I hope not to paint a picture that 2 that ' s exactly what every single person will pay. 3 MR. FRIES: And the proposed mitigation takes that 4 $133 a month and phases it in over a five-year period? 5 MR. GLOSS: That' s correct. 6 MR. FRIES: And for a residential, it' s $14.36 a 7 month. Is that the right number? 8 MR. GLOSS: That' s for a typical lot. Now, some 9 lots within the annexation area are larger, and as I 10 mentioned, we make adjustments, given the amount of pavement 11 on the site. You know, it could be higher than that, but 12 that ' s for a typical single family lot. That is approximate. 13 MR. FRIES: Thanks. 14 MS. SCHMIDT: I guess, given the rationale for 15 coming up with these mitigation factors, can you see a reason 16 that you would -- if another enclave annexation should 17 happen, and those people also felt like they could not afford 18 this or they were adamant against the fees, why would we not 19 offer that to them? 20 MR. GLOSS: I tried to answer this before and will 21 give you the same answer. And that is: From the staff ' s 22 perspective, we like to weigh these situations on a 23 case-by-case basis and the circumstances surrounding a 24 particular annexation. We don' t know whether this will set a 25 precedent for future voluntary annexations or involuntary 60 1 annexations for that matter. 2 MS. SCHMIDT: Well, I guess I will be perfectly 3 blunt. I don' t want to set up a situation where we are 4 enclaving an area that happens to be organized, very informed 5 citizens, and they also have the means to hire attorneys that 6 they get certain mitigation. And then you are enclaving an 7 area and maybe was a lower income area and didn' t have access 8 to those same factors, that because they weren' t the squeaky 9 wheel, they wouldn' t be offered the same kind of situation. 10 And that is my real concern. 11 MR. LINGLE: How do we want to handle the two fee 12 related ones? Together or do they need to be separate? 13 MS. SCHMIDT: I guess that I would like to handle 14 them together, and I would say this : I 'm willing to support 15 them. Since this is a recommendation of City Council, I 'm 16 willing to support them with the understanding that, as far 17 as I 'm concerned, they are setting a precedent; that these 18 types of mitigations should then be offered to anyone else 19 who is in the situation. 20 And I think if Council is not ready to make an 21 commitment to that, then I don' t think they should provide 22 this mitigation to these people, and so that would be my 23 recommendation. I don' t think there's anything wrong with 24 this mitigation, and the way that the City has worked it out, 25 I don' t think there's any negative impact. 61 1 I think it 's a good solution, and I think we have 2 each said on the Board that it would be hard for us to now 3 turn around when the next one comes and say, "No, you're not 4 entitled to that. " So, if they're willing to accept that 5 sort of scenario, along with their offering them the 6 mitigation, then, I could go with it. But I would like that 7 to sort of be part of the recommendation on this motion, but 8 the others feel -- 9 MS. MEYER: I 'm not quite -- I 'm not willing to say 10 it ' s okay. I won' t say it ' s okay with prejudice or however 11 you want to put it. I think they are setting a precedent, 12 and that ' s fine, if that ' s what they want to do. They can 13 ignore me and my vote and move on ahead. But I think they 14 need to be aware, and I don' t think that you can say it 's 15 okay, "but. " If it 's okay, it' s okay. 16 MR. LINGLE: Other comments about those two or can 17 somebody put a motion down, and then we will deal with that? 18 MS. SCHMIDT: Well, let ' s go ahead and move on to 19 the other mitigation factors . So I would move that we 20 recommend to Council that -- I don' t know if this is the 21 appropriate way to phrase it -- but my concern is that they 22 include the mitigation factors, such as underground utilities 23 at no cost; the barbed wire and electric fences in the RUL 24 zones; the extended sign amortization from five to seven 25 years; the change in licensing; the specifics in the 62 1 recordkeeping, specifically to the animal shelter; and the 2 pursuit of action to the road funding and neighborhood street 3 connections; all of those mitigations . 4 MR. LINGLE: You want to put all nine together? 5 MS. SCHMIDT: Yeah. 6 MR. LINGLE: Well, I thought we wanted to separate 7 them, so that -- like, if Judy doesn't object to the other 8 seven, but she does for the first two, then we should have a 9 vote. 10 MS. SCHMIDT: I listed them all together except the 11 first two. 12 MR. LINGLE: Okay. I don' t agree with the sign 13 amortization, so I would rather not have that one lobbed in, 14 if we can. 15 MS. SCHMIDT: Okay. Is there anyone else that 16 wants to withdraw and do separate ones? 17 MR. LINGLE: Other than my comments about the sign 18 amortization, does anyone have a problem with any of the 19 other six city-wide proposals? Okay. So we can deal with 20 those. 21 MS. SCHMIDT: So I would amend a motion to take out 22 the motion to extending the sign amortization in the list. 23 MR. LINGLE: Is there a second to that? 24 MR. FRIES: Second. 25 MR. LINGLE: Okay. So it would be -- the motion 63 1 has been made and seconded for approval of six mitigation 2 items; underground utilities at no cost, barb wire and 3 electric fences, RUL zones, change licensing requirements for 4 second-hand dealers, flea markets, specify recordkeeping 5 requirements for flea market operators, exempt animal 6 shelters from wild animal restrictions, and pursue action to 7 address road funding and neighborhood street connections. 8 MR. STOCKOVER: Just a quick response to the 9 setting a precedent. I truly think that, with anything of 10 this magnitude, there is give and take. And I have a feeling 11 that you may be thinking that -- you know, the north end of 12 town, that we're talking about the next annexation for 13 Mulberry. 14 And I really don' t think that there is a difference 15 in classes as great as you may perceive. I know that 16 Mulberry is very well organized, and I think that that is 17 going to be a whole separate scenario. And I think that City 18 Staff and City Council and everyone has worked really hard to 19 get us to this point, and I look at it as it is my duty to 20 look at the general intent of all of this, and give it -- put 21 it in the hands of staff and the highly trained people that 22 are really right there working on it every day to continue to 23 carry it out. 24 So I feel really good about supporting it, and I 25 feel really good about the amount of work that has come to us 64 1 tonight, and that is why I will be supporting it. And I 2 don' t think there is really any inequities created or 3 precedents, really, to the next one, because the staff has 4 worked on this as it is. And the next one, as the City 5 evolves and times change, we' ll do the same thing there, with 6 their specifics. So, again, I feel very good about it. 7 MS. SCHMIDT: Well, I ' ll discuss it when we discuss 8 those two. 9 MR. LINGLE: Other comments about these six? All 10 right. Roll call . 11 MS. DEINES: Meyer? 12 MS. MEYER: Yes. 13 MS. DEINES: Fries? 14 MR. FRIES: Yes . 15 MS. DEINES: Stockover? 16 MR. STOCKOVER: Yes. 17 MS. DEINES: Smith? 18 MR. SMITH: Yes. 19 MS. DEINES: Schmidt? 20 MS. SCHMIDT: Yes . 21 MS. DEINES: Lingle? 22 MR. LINGLE: Yes. 23 Okay. Let' s do the sign amortization. I 'm 24 probably on my own on this one, but I just feel that it 's not 25 necessary. I think that we are -- by taking in these 65 1 commercial areas, we are inheriting some things -- some 2 properties that have some inherent long-term problems that 3 far outweigh anything we're dealing with on North College. 4 And I think that anything that we can do to encourage 5 redevelopment and bringing those properties up to our 6 standards is where we should go. 7 I 'd almost rather see us go from five to three, but 8 I certainly don' t want to extend it to seven, so I would just 9 like to keep it where it is. 10 MS. SCHMIDT: Can I just ask a question? What 11 kinds of costs are you -- I presume that the reason -- that 12 these signs are pretty expensive, and it gives the businesses 13 time to save up for new signage? 14 MR. GLOSS: You're correct. Some of the signs are 15 electric signs and can be relatively expensive, and over the 16 past several years, we have seen Larimer County issue sign 17 permits for some signs that are relatively new, and this 18 would then allow the property owner to recoup the value of 19 the sign. And it just means it 's an easier situation for 20 them and more affordable. If we didn' t have as many newer 21 signs in this area that were more expensive, we would be less 22 inclined to extend the amortization period, and we thought 23 this was a fair solution. 24 MS. SCHMIDT: Why then, for this particular one, 25 are we making it city-wide instead of doing it on a 66 1 case-by-case basis? 2 MR. BARNES: I 'm speaking of a couple of things to 3 further explain what will still be occurring within the five 4 years. But when you look at the area, potential area, that 5 could be annexed to the City, the City and the County started 6 a project about 10 years ago. 7 The purpose of that was for the County to amend 8 their sign code to be in line with the City of Fort Collins ' 9 Code, so that when we annexed properties,, we wouldn' t have to 10 deal with nonconforming signs . That project was very close 11 to being completed, and that was through no fault of County 12 staff or anything like that. The project was tabled until 13 last year. 14 So, during that last 10 years, a lot of signs 15 permits, as Cameron said, had been issued throughout the 16 County, East Mulberry, and in this particular area as well. 17 And signs -- people have spent $10, 000 or more on signs, and 18 then the City comes along a year later with the prospect of 19 annexing those, and they have to pay for those signs twice in 20 a very short period of time. 21 If the County had amended their code years ago, we 22 wouldn't be dealing with this, but we don' t view it for five 23 years to seven years with any real loss to the City, because 24 during that period of time while those signs were 25 nonconforming, once the properties are annexed, those signs 67 1 still have to be brought into compliance if there is a change 2 of use or if the premises come under new ownership or 3 tenancy, and they want to remodel the sign to advertise the 4 new tenant, that would still trigger having to bring those 5 signs into new compliance. 6 But, in five years time, the number of signs that 7 might still be nonconforming would be fairly small compared 8 to what it is now. And, in addition, within the first 60 9 days of annexation, certain types of signs will have to be 10 brought into compliance right away; vehicle mounted signs, 11 portable signs, banners, and animated flashing signs . So 12 some of those other types of things will have to be taken 13 care of within 60 days. 14 MS. SCHMIDT: Why do those animated flashing signs 15 have to be -- aren' t those pretty expensive also? 16 MR. BARNES: Well, all that it takes is flipping a 17 switch to control that. 18 MS. SCHMIDT: So the sign can stay, it just can't 19 flash? 20 MR. BARNES: Yeah, in the City, we still allow 21 those electronic message board signs, but the sign message 22 has to stay constant for 60 seconds, and when it changes, it 23 has to be instantaneous; no scrolling, flashing, blinking, or 24 fading in and out, as some of those signs do now. And they 25 are computer controlled, so -- 68 1 MR. LINGLE: Okay. Any other comments? Motion? 2 MS. MEYER: I move that we approve the mitigation 3 for extending the signs from five to seven. 4 MR. SMITH: Second. 5 MR. LINGLE: Okay. It has been moved and seconded 6 to recommend the sign amortization mitigation measure. Other 7 comments? Okay. Roll call . 8 MS. DEINES: Fries? 9 MR. FRIES: Yes . 10 MS. DEINES: Stockover? 11 MR. STOCKOVER: Yes . 12 MS. DEINES: Smith? 13 MR. SMITH: Yes. 14 MS. DEINES: Schmidt? 15 MS. SCHMIDT: Yes. 16 MS. DEINES: Lingle? 17 MR. LINGLE: No. 18 Okay. Then the final two. Do we want to handle 19 those together, both financial ones? Yes? 20 MR. GLOSS: Excuse me, Mr. Chairman, I provided an 21 explanation on the stormwater mitigation and the means by 22 which staff analyzed the situation, but I didn' t talk about 23 the electric Service Rights Fee and how we came up with the 5 24 percent. And I thought that it would be appropriate to have 25 our staff that is here tonight and knows a lot more about the 69 1 analysis to come forward and provide the information. 2 MR. MARTINE: Okay. Thank you. Just as kind of an 3 overview of where that 5 percent came from, we looked at what 4 other cities do to try to find out how they handle similar 5 situations. And, to and behold, there isn' t a consistent way 6 that cities handle it. 7 We found that some cities do not pass any of the 8 Service Rights Fee to the customer. Some pass it all through 9 and some pass various portions. We kind of -- the thought 10 process was that if the City has decided to annex property, 11 therefore, it must be, at least in part, in the City' s 12 interest to do the annexation. 13 So, with that, we didn' t think that it was 14 appropriate for customers being annexed to pay more. Light & 15 Power' s rates are less than REA, but when you add 25 percent 16 to it, in many cases, the customer would pay more. Some 17 cases, the customer would still pay less. 18 But, going to the 5 percent then, those annexed 19 customers would -- virtually all, if not all -- end up paying 20 less. And, that way, it was basically a partnership is the 21 way that we were looking at it, between the City contributing 22 and the customer contributing, without the customer having to 23 pay a little higher electric bill . 24 MS. SCHMIDT: I presume there is no way to do this 25 on a case-by-case basis, so that if a person was paying 70 1 less -- so let's say that this mitigation applied as need be. 2 And so, if a person ended up paying less, then they would get 3 the mitigation. Or let's say if their rate -- if their 4 electric rate would only increase by 5 percent or 10 percent 5 or some number -- you know, so you're sort of dealing like 6 the utilities do when there' s a hardship case, and people 7 apply because they can' t pay their utility bill, and that is 8 sort of on a case-by-case basis. 9 MR. MARTINE: My initial reaction with that is, 10 with the numbers involved, that would not be very practical 11 to try and accomplish. 12 MR. FRIES: The reserves that we are going to use 13 to pay for this, what do we normally have reserves for? 14 MR. MARTINE: We keep reserves on hand, of course, 15 for catastrophic emergencies, as well as -- we've got plans 16 to build some new substations to be built on the 17 eastern/southern end of town. And, in part, because of the 18 additional load that this would add, and those are relatively 19 expensive to build, and we would probably have to dip into 20 reserves . We certainly would have to pay for those. 21 MR. FRIES: And by offering this as a mitigation 22 means, your department doesn' t feel like we are putting 23 anything at risk for a potential disaster or what have you? 24 MR. MARTINE: We do have adequate reserves on hand 25 to cover this. 71 1 MR. FRIES: Okay. And then, also, just to clarify, 2 too, the reserves were put there by existing rate payers; is 3 that correct? 4 MR. MARTINE: That ' s correct. 5 MR. FRIES: Okay. Thanks . 6 MS. SCHMIDT: Another question. So let ' s say we 7 start down this path, and maybe six years from now, you do 8 build another substation, and you have to use reserves. So 9 then, eight years from now, we don' t have as big a reserve 10 fund to use to provide this mitigation for the final part of 11 the annexation or if another annexation comes in. Do you see 12 that? Any problem? Do you think the reserves are always 13 going to be there, enough to buffer this kind of mitigation? 14 MR. MARTINE: For this kind of mitigation, there is 15 adequate reserves for this part, yes. 16 MS. SCHMIDT: Do you see any rationale why you 17 wouldn' t offer this kind of mitigation to other portions of 18 the community? 19 MR. MARTINE: That would require certainly a higher 20 level decision than I can make, but I would anticipate that 21 would probably be the case, as we talked about earlier, this 22 being effectively a precedent. Whether it 's intended to be a 23 precedent or not, it could be viewed that way. 24 MS. SCHMIDT: Thank you. Okay. 25 MR. LINGLE: Other comments or does someone want to 72 1 make a motion? 2 MR. ECKMAN: I 've got a comment -- just a little 3 bit. I don' t think that we have such a problem of 4 establishing a legal precedent. we can handle it any way we 5 want. It would be more in terms of the political precedent. 6 MR. SMITH: I move to approve both of the 7 mitigation pieces there, the stormwater fee and also the 8 electric as proposed. 9 MR. LINGLE: Is there a second? 10 MS. SCHMIDT: For the sake of discussion, I ' ll 11 second it. 12 MR. LINGLE: Okay. It ' s been moved and seconded to 13 recommend the final two mitigation measures. Any additional 14 comments? 15 MS. SCHMIDT: I guess that I feel the same way as 16 Judy does. Unless the City is willing to make it a 17 precedent, I guess I feel I can' t go forward on recommending 18 it. I understand the benefit that it is for the people in 19 this area, and i think -- I think that everyone has put a lot 20 of time and effort into it, and I think that you've come up 21 with a good way to handle it. 22 It 's not that I don' t like it, but I feel -- it 23 worries me with the fact that we are just doing a political 24 thing for this particular time, and i would hate to be here 25 when the next one comes up, and we say, "Oh, sorry. It ' s not 73 1 working for you guys. " So, as part of the comment to 2 Council, if they are willing to go with it and say we are 3 going to set this as a precedent, "This will be from now on, " 4 that would be fine with me. But, since that is not part of 5 the motion, I 'm going to vote against it. 6 MR. SMITH: I guess that I would see this -- you 7 know, I see this as part of a larger deal. I don' t see a 8 precedent being established, and I think that anytime there 9 is a very complicated deal and being involved where you 10 negotiate piece-by-piece, and you don' t necessarily have to 11 have a big piece of a starting point for another deal . 12 It 's all taken as a package, and so I think that as 13 part of the overall package, it does make sense. And, in the 14 future, any other annexation, you know, it ' s not a starting 15 point necessarily, but if we look at the whole deal, and, if 16 it makes sense in the future, the political minds in power at 17 that point can do something like this or something maybe even 18 greater or less. So I think it ' s a good mitigation measure 19 as proposed. 20 MR. LINGLE: My comment is -- that I already talked 21 about -- but I think that they're both reasonable in terms of 22 what staff was asked to do. And I 'm pretty confident that 23 when it gets to Council, they will understand what they are 24 dealing with in terms of how it impacts the future, and they 25 will make their decision based on that. 74 1 And I guess that I 'm okay not having that as a 2 binding part of the motion. They will have our minutes, and 3 they will be able to take that into account. 4 MR. STOCKOVER: My only comment is that I can' t 5 think of what scenarios we might see in the future, but what 6 if the streets were more important to them than stormwater? 7 If this is already thrown in, they' re just going to want 8 something else anyway. 9 So you really should start from ground zero and 10 work through the specifics at that time, because things will 11 definitely change by the time we have our next annexation. 12 And, again, I think at that point in time, I think that we' ll 13 have -- and I know on Mulberry, there' s a very well organized 14 group out there. So they're not going to come misinformed, 15 and we are still going to have the staff and the City Council 16 and a Board, and I think that we will work through it in a 17 reasonable manner at that time. 18 But I think carrying things forward would put us at 19 a detriment. I don' t think we'd be doing the City a service 20 if we tied them to those two for the future, because there 21 will be different circumstances at that time. 22 MR. FRIES: I guess I would say, going back and 23 forth on this issue ever since the annexation came up -- and 24 it ' s a tough one -- where I 'm at with it, I think five years 25 is too generous. I don' t have a problem with giving people 75 1 some time to basically allow for budgeting and so forth, and 2 we 've put an awful lot of time into this . 3 I think the first signal to anybody that you're 4 going to be annexed was this big blue line on this map called 5 "GMA. " And I thought about this on the sign issue. It 's 6 coming. Prepare for it. Don' t do a City Code sign. Get 7 ready for paying stormwater fees. That' s part of being in a 8 municipality, and I think in the long run, there ' s a lot of 9 other benefits that go along with it, too. So, I 'm not going 10 to be supporting the motion, but I would entertain a motion 11 for something substantially less than five years. 12 MS. SCHMIDT: I guess my comments in relation to 13 what David said, you know, I agree. I think that City Y 14 Council had specific things in mind, but, by the time the 15 next one comes forward, it could be a different Council who 16 sees things differently. 17 And maybe, at the time -- I guess my recommendation 18 would be if Council gave some guidelines -- like, for me, if 19 you say, "Well, the median income in Phase I is 'X' dollars, 20 and therefore, this creates a kind of hardship for them, and 21 the median property value is" -- you know, if it 's over 22 $400, 000 or something. I still have trouble thinking that 23 $134 a month is going to be a real hardship for these people. 24 So you have some basic criteria to say -- not just 25 because they were adamant and upset. I think a lot of 76 1 citizens are adamant and upset, and they don' t always get 2 mitigation, you know? But we try to do what we can, because 3 all of these citizens are going to be adamant and upset. So, 4 for me, to not have any criteria on why it is important to do 5 this, makes it a little difficult. 6 I think that if Council goes forward with this that 7 it would be a benefit if they could supply some of that so 8 that we would have a basis to decide things on in the future. 9 That would help. 10 MR. LINGLE: Now, Matt, you're concerned on the 11 timing, just on the first one for stormwater, not on the 5 12 percent, right? 13 MR. FRIES: Yes, correct. 14 MS. MEYER: However the vote goes, if this motion 15 fails, the Council gets to veto; is that correct? If it goes 16 ahead, the Council can still revote? 17 MR. LINGLE: If it ends up with a tie, there just 18 would be no recommendation; is that correct? 19 MR. GLOSS: That' s correct. 20 MR. LINGLE: Okay. All right. Other comments 21 then? All right, roll call . 22 MS. DEINES: Stockover? 23 MR. STOCKOVER: Yes . 24 MS. DEINES: Smith? 25 MR. SMITH: Yes . 77 1 MS. DEINES: Schmidt? 2 MS. SCHMIDT: No. 3 MS. DEINES: Meyer? 4 MS. MEYER: No. 5 MS. DEINES: Fries? 6 MR. FRIES: No. 7 MS. DEINES: Lingle? 8 MR. LINGLE: Yes. 9 So we have a no recommendation, I guess, on those 10 two items. That leaves the annexation and zoning for us to 11 deal with, so are there -- does someone want to start with a 12 motion or do we want to make comments first? 13 MS. SCHMIDT: I guess I need one question answered 14 before we can make a motion. There were two maps. One is 15 proposed zoning, and one is the structural plan designation? 16 MR. STOCKOVER: Can we back up one second? I think 17 that with no recommendation, I think that we should have 18 staff actually explain to them our concerns. 19 MR. GLOSS: Absolutely. 20 MR. STOCKOVER: We have your discussion with that 21 one. 22 MR. GLOSS: Yes, thank you. we are taking verbatim 23 minutes of the proceedings tonight, and then we will 24 summarize in writing, as well as provide the staff 25 presentation. 78 1 MR. STOCKOVER: Because I think we had some really 2 good discussion on that one, and I would hate for them to 3 just miss all of that. 4 MS. SCHMIDT: So, Cameron, there is some slight 5 differences between the structure plan designation and the 6 proposed zoning, and i think mostly it 's on some of the dark 7 green open lands that isn't shown on the proposed zoning. Is 8 that usual or I just wasn' t sure -- 9 MR. GLOSS: Let ' s me try to explain a little bit. 10 We have some areas on the structural plan, the drainage ways, 11 for example, that cut across. Those are areas we don' t zone, 12 but we designate them on the plan. 13 So, say a drainage way, for example, that cuts 14 right through the middle of Fairway Estates will not be 15 developed. It ' s in a mapped floodway, but we don' t assign a 16 public zone to that. So that is one example. 17 Then you will notice on a few of the zoned 18 designations, there's a very slight variation. And I think 19 the difference there being the structure plans tend to be 20 generalized. We have some areas where, say, the property 21 line is very specific; whereas, a structured plan is a more 22 generalized line. 23 But, if you take the two and put them side-by-side, 24 they are actually quite close. And, if you want, I can point 25 out where a specific difference is and then try to explain 79 1 that at present value. I can put those up on the screen. 2 MS. SCHMIDT: I guess my question would be, you 3 have gone over this, I 'm sure, specifically with the people 4 in those areas and in those neighborhoods, and do you feel 5 that -- you know, given the fact that they don' t want to be 6 annexed to start with, but, if they were, do they feel these 7 zonings are acceptable? 8 MR. GLOSS: As I mentioned in my presentation, 9 largely what is reflected on the ground today is the same as 10 what is permitted with the zoning. So, you take the 11 Applewood Estates Subdivision, for example. The lot size and 12 density corresponds very closely to those in the district, 13 and that 's the designation on the structure plan, and that ' s 14 the zoning designation. 15 we do have some areas that may be -- they' re a 16 little -- not quite as tightly fitting. Let ' s put it that 17 way. So a lot size is slightly different than what 's allowed 18 or somehow is slightly different. But, for the most part, 19 it ' s reflected with what is out there today. 20 MS. SCHMIDT: Can I just ask to make sure that I 'm 21 reading the map correctly? The light yellow that is to the 22 west of the commercial, is that low density mixed use or is 23 that urban mixed use? 24 MR. GLOSS: That ' s mixed use, again, because of the 25 size of the lots, and the subdivisions there are smaller than 80 1 they are in urban estate lots, and those lot sizes in general 2 terms are about 7, 000 square feet, which is closer to urban 3 mixed than it is to urban estate density. 4 MS. SCHMIDT: And that is also the coloring right 5 above the commercial, too, right? The yellow through what is 6 Fairway estates? 7 MR. GLOSS: That ' s correct, yes. 8 MS. SCHMIDT: Okay. 9 MR. GLOSS: I take that back. That is actually low 10 density residential . That is the Fossil Creek Meadows 11 neighborhood, and that is more of a RL, low density 12 residential designation density. So the lot sizes are, I 13 believe, closer to about 8, 000 square feet on average. 14 MS. SCHMIDT: Okay. And just so I 'm clear on this, 15 then, what is south on Trilby? Because they are all yellow. 16 I want to make sure I have a different -- 17 MR. GLOSS: If you take a look at the structured 18 plan, you see there ' s some differences. Actually, I 'm 19 looking at my structure plan on the zoning map, and for some 20 reason, the structured plan gradations are turning out a 21 little bit cleaner than the zoning map, and I apologize for 22 that. 23 But you have, for example, south of Trilby Road, if 24 you look at the structured plan, I think it' s a little more 25 clear. That is a darker yellow, and that would be the LMN 81 1 zone, and that is comparable to Province Town. And, to give 2 you an example, that is immediately to the east of that area, 3 and you also have a mobile home park that ' s south of Trilby 4 about a quarter mile, I think, east of College. And that 5 density is more akin to LMN than it is to RL, as an example. 6 And then, you go north of Trilby Road, and that ' s 7 where you have zoning, and those lots are quite a bit larger. 8 In fact, we have heard from one of the residents this evening 9 that has one of those lots. 10 MR. LINGLE: Based on that, Cameron, it looks like 11 to me, then, Fossil Creek Meadows on the structured plan is 12 the darker yellow, which would be the low density mixed use, 13 not the urban. 14 MR. GLOSS: I do think there is some discrepancy 15 there. I would have to say, based on my experience, the 16 Fossil Creek Meadows Neighborhood in it 's present 17 development, which is a built-out subdivision, more closely 18 resembles the density permitted in RL, low density 19 residential, than it does in the LMN, low density mixed use. 20 MR. LINGLE: So would that require a structure plan 21 amendment then, unless this isn' t just printing right, the 22 colors? 23 MR. GLOSS: I would have to do a little more 24 research on the history of that designation, to be quite 25 frank. 82 1 MR. LINGLE: Okay. So is this something that could 2 be done between now and -- 3 MR. GLOSS: I ' ll ask the staff if they would like 4 to do the research between now and September 5th when this 5 goes to City Council . 6 MS. SCHMIDT: Another question is the person with 7 the 40 acres stated what -- it looks to me like their 8 property would be in Phase III to the annexation. If they 9 did want to sell and subdivide or something prior to that, it 10 would be solely on the County or do we have any regulations 11 that they would need to annex at the time that they -- 12 MR. GLOSS. No. Well, it just depends on whether 13 the development has congruity at the time that the 14 development proposal comes forward. As you know, with our 15 IGA with the County, if the property is eligible for 16 annexation, and you have certain types of development plans 17 have different thresholds, and it kicks over that threshold, 18 they have to come to the City in order to develop. They have 19 the annexation, and then a development plan comes to the 20 City, so a lot of it is going to depend on timing, quite 21 frankly. 22 MR. LINGLE: Any additional comment or is somebody 23 ready to make a motion? The staff recommendations are on top 24 of page 17 in the old staff report, all 17 on the new one. 25 MR. STOCKOVER: I guess that I don' t know if I 83 1 would agree with Facts and Findings Number 3, because it says 2 the proposed annexations consist of criteria in Fort Collins ' 3 Land Use Code. Well, we would be making changes to a lot of 4 that code. 5 I guess I ' ll make a motion to recommend that the 6 Planning and Zoning Board recommends to City Council that 7 they approve the annexation and the zoning district as 8 described on the zoning map based on the facts and findings 9 of the staff report, Numbers 1, 2, and 4 . 10 MR. LINGLE: I might suggest you could include 3 11 and say, "Just as amended by the mitigation. " 12 MR. STOCKOVER: Okay. That would be fine to 13 include the Fact an d d Finding Number 3 as proposed annexation 14 is consistent with the applicable criteria in the Land Use 15 Code and as amended with the mitigation factors. 16 MR. LINGLE: Okay. Is there a second? 17 MR. SMITH: I ' ll second that. 18 MR. LINGLE: All right. A second to recommend 19 approval the annexation and the zoning districts . Additional 20 comments? Anybody? 21 MS. MEYER: I would like to say that I think the 22 staff did a fine job with this, and I understand that it was 23 a long, hard, cruel road, but we 've gotten something that 24 maybe they can live with. But this is one of the fairest, 25 equitable things that the City could do. 84 1 I don' t see how anybody thinks the City is going to 2 win on this one. If it was just simply a matter of a few 3 blocks, I could understand, but we can't have a big block of 4 this in the middle of the City, and it just doesn' t work like 5 that. You have to be contiguous . That ' s the way it is. 6 MR. STOCKOVER: I guess that I would like to second 7 Judy' s comments as far as the work that the staff has done. 8 I know that a lot of it has been from the direction of the 9 Council . I think that my concern is for the rest of the 10 City. 11 Given our budget situation at the time, I really 12 don' t know if it is in the City' s best interests financially 13 to pursue this annexation at this time, but I 'm presuming 14 that they've developed a financial model that makes this 15 workable for all individuals, and I just hope that that 's a 16 correct plan. 17 MR. LINGLE: Other comments? 18 MR. FRIES : I would just chime in. I think the 19 staff did a super job as well, in obviously, a very tough 20 situation. I do -- I ' ll be supporting the motion, and I 21 support the annexation. I think it ' s good planning. 22 It ' s rough for the people that have been there for 23 a while, and our City has grown, and we've got quite a 24 commodity. We've got a very desirable place to live. That ' s 25 really what ' s driving this is growth. When you look at that, 85 1 I think this is what I call "controlled growth, " good growth. 2 We 've been planning as we should, as the Planning and zoning 3 Board should. 4 The other thing that I would just like to make sure 5 is on the record, I do believe that the citizens in the 6 enclave have been taking advantage of -- in many positive 7 ways -- taking advantage of our City services, and I would 8 like to -- certainly this isn' t our decision -- but if the 9 City Council, in fact, approves this, welcome them to our 10 City. And I think it 's going to be a benefit to you as a 11 resident, as a business owner, as a property owner, 12 et cetera, so I will be supporting the motion. 13 MR. LINGLE: Okay. My comment, Cameron, could you 14 go to your very first slide? I think it ' s the one that shows 15 the enclave location within the city limits. Yeah, that one. 16 I guess, as I read through the staff report and all of the 17 neighborhood comments and everything, I kept coming back to 18 the question of: Is it reasonable to assume that this 19 enclave would remain an enclave indefinitely? And, if not, 20 is now the best time to annex it, and, if not, why not? 21 And I kept coming to the conclusion that, no, I 22 don' t believe that this should remain an enclave. I think 23 that 's the whole intent of the Intergovernmental Agreement in 24 this area, that the County not have to extend urban level 25 services to an area that they're not equipped to provide 86 1 urban level services to. 2 And, if the City continues to develop around at 3 higher densities, it becomes even more cumbersome on the 4 County to do that. It only makes sense for the City to take 5 this in. And having make that conclusion, then, well, is now 6 the best time to do it? If not, why not? 7 And I guess we' re needing to rely on the staff and 8 the City Council ' s analysis of the fiscal impact and 9 determine that, yes, now makes sense. And I think that the 10 staff has made a lot of effort in terms of both analysis of 11 the impact, trying to establish a zoning district that match 12 the development patterns that are in place today so there is 13 the least amount of impact on those neighborhoods, and has 14 done an incredible amount of public outreach that has been 15 pretty contentious at times. And I think that having made 16 that comment, I 'm ready to proceed with this and send it on 17 to City Council. Okay? Roll call. 18 MS. DEINES: Smith? 19 MR. SMITH: Yes . 20 MS. DEINES: Schmidt? 21 MS. SCHMIDT: Yes. 22 MS. DEINES: Meyer? 23 MS. MEYER: Yes. 24 MS. DEINES: Fries? 25 MR. FRIES: Yes. 87 1 MS. DEINES: Stockover? 2 MR. STOCKOVER: Yes. 3 MS. DEINES: Lingle? 4 MR. LINGLE: Yes. 5 MR. FRIES: I would like to say that I think that 6 Dave summed it up really well, those exactly were my feelings 7 about it also. 8 MR. LINGLE: Okay. Is there any other business? 9 MR. ECKMAN: I had one item. At one of your work 10 sessions you mentioned that you had hoped that it might be 11 possible for these acceptances of easements to be taken to 12 the City Manager instead of to the Board, and I discussed 13 that last week with some of our staff, and we' ll be working 14 with the Real Estate Services Department to see if we can get 15 that accomplished for you. So I ' ll report back as that comes 16 to pass, but we're working on that now. 17 MR. LINGLE: Thank you. Okay. If there is no 18 other business, we're adjourned. 19 (Proceedings were concluded at 8 :17 p.m. ) 20 21 22 23 24 25 88 1 STATE OF COLORADO ) REPORTER' S CERTIFICATE 2 COUNTY OF LARIMER ) 3 I, Lela A. Brister, Court Reporter and Notary Public, 4 State of Colorado, hereby certify that the foregoing 5 proceedings, taken of the City of Fort Collins Planning and 6 Zoning Board, was taken on July 30, 3006, at 300 LaPorte 7 Avenue, Fort Collins, Colorado; that prior to testifying, the 8 witness was duly sworn by me; that said testimony was taken 9 down by me in stenotype notes and thereafter reduced under my 10 supervision to the foregoing 87 pages; that said transcript 11 is an accurate and complete record of the proceedings so 12 taken. 13 I further certify that I am not related to, employed 14 by, nor of counsel to any of the parties or attorneys herein 15 nor otherwise interested in the outcome of the proceedings. 16 Attested to by me this 2nd day of August, 2006 . 17 18 Lela A. Brister 19 Meadors Court Reporting, LLC 315 West Oak Street, Suite 710 20 Fort Collins, Colorado 80521 (970) 482-1506 21 My commission expires October 6, 2007 22 23 24 25 ORDINANCE NO. 137, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLOR-ADO WHEREAS, Article II, Section 30 of the Colorado Constitution and Section 31-12-106 of the Colorado Revised Statutes, when read together, authorize municipalities in Colorado to annex any unincorporated areas that have been entirely surrounded by and contained within their municipal boundaries for a period of not less than three years; and WHEREAS, the unincorporated area described on Exhibit "A," attached hereto and incorporated herein by this reference(the"Southwest Enclave"),has been entirely surrounded by and contained within the boundaries of the City of Fort Collins for a period of more than three years;and WHEREAS,the City has entered into an intergovernmental agreement with Larimer County, Colorado,dated November 21,2000,which states,in Section 8(D)thereof,that the City will pursue the annexation of enclaves within the City's boundaries as such enclaves become eligible for annexation; and WHEREAS, the annexation of enclaves promotes the orderly progression of urban-level development in the enclaves in a manner that is consistent with the City's master plans, allows for the cost-effective delivery of services to the enclaves, and ensures that those who benefit from City services help pay for those services; and WHEREAS, for the foregoing reasons,it is important that the City pursue the annexation of the Southwest Enclave; and WHEREAS, the City Council has approved various measures, some of which involve amendments to the City Code, in order to accommodate various concerns of the residents and property owners in the Southwest Enclave, which measures include covering with reserve funds a substantial portion of the state-mandated service rights fees for customers of the Poudre Valley Rural Electric Authority ("PVREA"), undergrounding electric utilities at no cost to property owners, phasing in monthly stormwater utility fees over a five year period, allowing barbed wire and electrically charged fences in certain zone districts,changing the amortization period from five years to seven years for nonconforming signs,and changing the licensing requirements for businesses that qualify as second hand dealers and flea markets: and WHEREAS, as the Southwest Enclave is annexed, the City is committed to providing the same high level of services to residents and property owners within said enclave as it provides to those who reside or own property in other parts of the City; and WHEREAS,the Southwest Enclave is approximately 1,731.098 acres,(2.705 square miles) in size,which means that the provision of urban level services to the entire enclave will be extremely costly; and WHEREAS, accordingly, the City Council believes it to be in the best interests of the City to annex the Southwest Enclave in phases, so that,over time, the City will be better able to manage the costs of providing such services to the area without compromising its financial well being of the City or the provision of services to other areas of the City; and WHEREAS, after receiving various reports and recommendations from City staff,the City Council has determined that the portion of the Southwest Enclave known as the South College Frontage Area,which is described as"Phase One"on Exhibit"B,"attached hereto and incorporated herein by this reference, should forthwith be annexed as the first phase of the Southwest Enclave annexation because: (a) it forms the southernmost entrance to the City,which makes it imperative that the City begin to apply its land use standards, including design standards, to the area in order to create an attractive gateway to the City and to promote the economic development of the City; (b) it generates significantly more tax revenues than the rest of the Southwest Enclave because development in the area is primarily commercial, which means that the revenues from the area will make it more feasible for the City to fund and provide critical services to the area, such as police services; (c) it generally has a higher crime rate than the rest of the Southwest Enclave, which makes the provision of urban level law enforcement services in the area more time sensitive than in the rest of the enclave; and (d) it requires fewer city-funded amenities such as recreational and cultural facilities because of its non-residential nature; and WHEREAS, the annexation of subsequent phases of the Southwest Enclave should be finalized as soon as, in the judgment of the City Council, the City can absorb the costs associated with annexing such phases without jeopardizing the financial condition of the City or the provision of services to other areas of the City, and as soon as the City's Electric Utility is in a position to extended utility services to areas contained within such phases in a logical and sequential fashion; and WHEREAS,in order to accomplish these objectives within a reasonable period of time,the City Manager has recommended to the Council a tentative time frame for such phased annexation, together with criteria for determining the precise point in time when the annexation ofvarious phases of the Southwest Annexation should take effect; and 2 WHEREAS,all applicable requirements of Section 31-12-101,et seq.have been met and the area proposed to be annexed in the Southwest Enclave Annexation is eligible for annexation to the City and should be so annexed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the property shown on Exhibit "A," to be known as the Southwest Enclave Annexation, is hereby annexed to the City of Fort Collins and made a part of said City; provided, however, that the annexation of each phase of the Southwest Enclave Annexation, as generally described on Exhibit "C," attached hereto and incorporated herein by this reference, shall take effect as of the date of recording of the annexation map for each such phase with the Larimer County Clerk and Recorder,pursuant to Sections 31-12-113(2)(a)(II)(A)and 31-12-113(2)(b),C.R.S. Section 2. That the City Manager is hereby authorized and directed to record such annexation maps in the order shown on Exhibit "C," and on or before the dates shown thereon, subject to the following conditions: a. That the boundaries of Phases Two through Four may be adjusted by the City Manager if, in his or her judgement, such changes are necessary or advisable to effectuate the purposes of this Ordinance and to provide for the cost-effective,logical and sequential annexation of the property contained within the Southwest Enclave; provided,however,that any substantial change in such boundaries shall be approved by the City Council by resolution. For the purposes of this provision,a change in the boundaries of a particular phase shall be considered substantial if such change would increase or decrease the area contained within such phase by more than ten percent (10%). b. That, if the City Manager believes that finalizing a particular phase of the annexation by recording the annexation map for said phase on or before the date shown in the schedule for such phase may jeopardize the financial well-being of the City because of the additional, ongoing costs that will thereafter be incurred by the City in serving the residents and businesses within the newly annexed phase,then the City Manager may request that the City Council modify said schedule so as to allow additional time for annexing that portion of the enclave. C. That, if the City Manager believes that the filing of the annexation map for a particular phase should be expedited in order to allow for the orderly, sequential extension of electric utility infrastructure throughout the Southwest Enclave, or to ensure that any significant proposals for the development or redevelopment of property within said enclave are reviewed under all relevant City land use regulations,then the City Manager may request that the City Council modify Exhibit "C" accordingly. 3 d. That nothing herein shall be construed as limiting the ability of the City Council, its own initiative and in its sole discretion, to modify Exhibit"C" so as to change the configuration of the various phases of this annexation or the periods of g gu P time within which the annexation of such phases should be finalized through the recording of maps with the Office of the County Clerk and Recorder. Section 3. That, within forty-five(45) days after the recording of each annexation map for Phases Two through Four, the City Manager shall notify all property owners within such phase of the recording of said map and the fact that the annexation of such phase has taken effect. Said notice shall be mailed to the then current address of each such property owner as shown in the records of the Larimer County Assessor's office. Failure to send any such notice shall not invalidate the annexation of the area contained within such phase. Section 4. That the areas contained within each phase of the Southwest Enclave Annexation shall be placed within a zone district in the City by ordinance of the Council no later than ninety (90) days after the date of recording of the annexation map for such phase with the Larimer County Clerk and Recorder, following such notice as may be required by law. Section 5. That upon annexation,the service rights fee for all existing PVREA services transferred within the Southwest Enclave as applicable pursuant to paragraphs(h)of Section 26-464, (i)of Section 26-465, 0)of Section 26-466,(1)of Section 26-467,(m)of Section 26-468, and(d)of Section 26-469 of the Code of the City of Fort Collins, shall be five (5) percent of the total of all charges for electric power service, and shall continue and be applicable to any property so annexed until such time as the city has fulfilled any associated statutory obligation for payment to PVREA. Section 6. That any lot or parcel in the Southwest Enclave that has been developed as of the date of its annexation shall, upon annexation,be assessed a stormwater utility fee using the then approved base rate as specified in Section 26-514 of the Code of the City of Fort Collins,except that said fee will be multiplied by the factor shown in the following table: Year After Months After Multiplication Annexation Annexation Factor 1 1-12 0.2 2 13-24 0.4 3 25-36 0.6 4 37-48 0.8 5 and Month 49 and 1.0 thereafter all billings thereafter 4 provided that, if a new or incremental improvement is added to such lot or parcel that results in an increased monthly stormwater utility fee for the lot or parcel,the factor described above shall not be applied to the stormwater utility fee, and instead, as of the date of such improvement, the full stormwater utility fee shall apply. Section T That,in annexing the property governed by this Ordinance to the City,the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 8. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District("the Subdistrict'). Upon inclusion into the Subdistrict,said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk 5 EXHIBIT "A" SOUTHWEST ENCLAVE ANNEXATION A TRACT OF LAND SITUATE IN SECTION 36, TOWNSHIP 7 NORTH, RANGE 69 WEST AND SECTIONS 1, 2, 10, 11, 12, 13, 14 AND 15 OF TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; ALL ANNEXATIONS REFERENCED TO IN THIS DOCUMENT ARE ANNEXATIONS OF RECORD TO THE CITY OF FORT COLLINS, COLORADO CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1 AS BEARING N 89° 56' 52" W, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 1, BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CALLS IN SECTION 36-7-69 THENCE N 00° 01' 33" E 764.21 FEET ALONG THE WESTERLY LINE OF THE KEENLAND ANNEXATION, AND ALONG THE WESTERLY LINE OF THE HARMONY ROAD - LAVAUX ANNEXATION, AND ALONG THE WESTERLY LINE OF THE LANDINGS FIRST ANNEXATION; THENCE N 89° 56' 52" W 296.65 FEET ALONG THE SOUTHERLY LINE OF THE SOUTH COLLEGE PROPERTIES ANNEXATION; THENCE S 00° 01' 33" W 764.21 FEET ALONG THE EASTERLY LINE OF SAID SOUTH COLLEGE PROPERTIES ANNEXATION; CALLS IN SECTION 1-6-69 THENCE N 89' 56' 52" W 968.11 FEET ALONG THE SAID SOUTH COLLEGE PROPERTIES ANNEXATION TO THE EASTERLY LINE OF FAIRWAY ESTATES BUSINESS ANNEXATION; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF THE SAID FAIRWAY ESTATES BUSINESS ANNEXATION THE FOLLOWING TEN (10) COURSES, 1 - S 00' 11' 08" W 199.49 FEET; 2 -N 89° 48' 52" W 130.71 FEET; 3 - S 45° 11' 08" W 102.98 FEET; 4 - S 00' 11' 08" W 270.00 FEET; 5 - S 28' 12' 22" E 63.08 FEET; 1 6 - N 63° 59' 22" W 245.35 FEET; 7 -N 56° 08' 52" W 332.57 FEET; 8 - S 36' 16'28" W 90.31 FEET; 9 -N 82° 10' 31" W 312.65 FEET; 10 - S 00° 58' 33" W 2285.32 FEET TO THE NORTHERLY LINE OF THE FOSSIL CREEK FIRST ANNEXATION; THENCE S 89° 37' 09" E 535.09 FEET ALONG THE NORTHERLY LINE OF THE SAID FOSSIL CREEK FIRST ANNEXATION AND THE NORTHERLY LINE OF THE FOSSIL CREEK SECOND ANNEXATION; THENCE S 01° 00' 12" W 459.76 FEET ALONG THE EASTERLY LINE OF SAID FOSSIL CREEK SECOND ANNEXATION; THENCE N 89° 37' 09 W 309.80 FEET ALONG THE SOUTH LINE OF SAID FOSSIL CREEK SECOND ANNEXATION TO THE EASTERLY LINE OF FOSSIL CREEK THIRD ANNEXATION; THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF THE SAID FOSSIL CREEK THIRD ANNEXATION THE FOLLOWING FIVE (5) COURSES, 1 - S 00° 55' 32" W 405.42 FEET; 2 - S 39° 08' 39" W 86.44 FEET; 3 - S 71° 30' 28" W 291.52 FEET; 4 - S 46° 18' 07" W 275.02 FEET; 5 -N 89° 04' 38" W 101.13 FEET TO THE EASTERLY LINE OF THE FOSSIL CREEK WEST FIRST ANNEXATION; CALLS IN SECTION 2-6-69 THENCE S 00° 59' 42" W 76.37 FEET ALONG THE SAID EASTERLY LINE OF FOSSIL CREEK WEST FIRST ANNEXATION; THENCE S 22° 39' 32" W 67.30 FEET ALONG SAID LINE; THENCE S 00° 58' 03" W 1221.27 FEET ALONG SAID LINE AND ALONG THE EASTERLY LINE OF FOSSIL CREEK WEST SECOND ANNEXATION TO THE NORTHERLY LINE OF THE SKYVIEW LTD. ANNEXATION; CALLS IN SECTION 11-6-69 THENCE ALONG THE EASTERLY, SOUTHERLY AND WESTERLY LINES OF THE SAID SKYVIEW LTD. ANNEXATION THE FOLLOWING EIGHT(8) COURSES, 1 - S 00' 58' 46" W 366.08 FEET; 2 - S 01° 02' 50" W 610.50 FEET; 3 - ALONG A CURVE CONCAVE TOWARDS THE EAST 62.77 FEET, WITH A CENTRAL ANGLE OF 00° 09' 23", A RADIUS OF 22,995.00 FEET AND A CHORD WHICH BEARS S 00° 57' 46" W 62.77 FEET; 4 - N 88` 58' 00" W 280.27 FEET; 5 - S 01° 02' 00" W 276.98 FEET; 6 - S 89° 34' 22" W 1494.64 FEET; 2 7 -N 24° 25' 10" E 1424.69 FEET; 8 -N 88° 49' 00" E 40.55 FEET TO THE WESTERLY LINE OF SAID FOSSIL CREEK WEST SECOND ANNEXATION; CALLS IN SECTION 2-6-69 THENCE N 24° 32'47" E 252.69 FEET ALONG THE WESTERLY LINE OF SAID FOSSIL CREEK WEST SECOND ANNEXATION; THENCE CONTINUING ALONG THE SAID WESTERLY LINE, ALONG A CURVE CONCAVE TOWARDS THE WEST 239.13 FEET, WITH A CENTRAL ANGLE OF 04° 40' 00", A RADIUS OF 2936.14 FEET AND A CHORD WHICH BEARS N 22° 06' 32" E 239.06 FEET; THENCE CONTINUING ALONG THE SAID WESTERLY LINE ALONG A CURVE CONCAVE TOWARDS THE WEST 374.51 FEET, WITH A CENTRAL ANGLE OF 14° 00' 00", A RADIUS OF 1532.70 FEET AND A CHORD WHICH BEARS N 12° 46' 32" E 373.58 FEET TO THE WESTERLY LINE OF SAID FOSSIL CREEK WEST FIRST ANNEXATION; THENCE ALONG THE WESTERLY LINE OF SAID FOSSIL CREEK WEST FIRST ANNEXATION, ALONG A CURVE CONCAVE TOWARDS THE WEST 239.13 FEET, WITH A CENTRAL ANGLE OF 04` 40' 00", A RADIUS OF 2936.14 FEET AND A CHORD WHICH BEARS N 03" 26' 32" E 239.06 FEET; THENCE CONTINUING ALONG THE SAID LINE, N 01' 06' 32" E 1533.77 FEET TO THE SOUTHERLY LINE OF THE MILL SECOND ANNEXATION; THENCE S 69° 53' 32" W 106.37 FEET ALONG THE SOUTHERLY LINE OF SAID MILL SECOND ANNEXATION; THENCE N 01° 06'46" E 181.79 FEET ALONG THE WESTERLY LINE OF SAID MILL SECOND ANNEXATION; THENCE S 88° 36' 28" E 99.52 FEET ALONG THE NORTHERLY LINE OF THE SAID MILL SECOND ANNEXATION TO THE WESTERLY LINE OF THE McCLANAHAN FIRST ANNEXATION; THENCE N 01° 01' 31" E 433.98 FEET ALONG THE WESTERLY LINE OF SAID McCLANAHAN FIRST ANNEXATION; THENCE S 88° 36' 29" E 247.45 FEET ALONG THE NORTHERLY LINE OF SAID McCLANAHAN FIRST ANNEXATION TO THE SOUTHERLY LINE OF ARBOR SOUTH FIRST ANNEXATION; THENCE N 01° 14' 01" E 29.91 FEET ALONG THE SOUTHERLY LINE OF SAID ARBOR SOUTH FIRST ANNEXATION; THENCE N 88° 40' 53" W 446.67 FEET ALONG SAID SOUTHERLY LINE; THENCE N 00° 56' 41" E 1577.89 FEET ALONG THE WESTERLY LINE OF SAID ARBOR SOUTH FIRST ANNEXATION AND ALONG THE WESTERLY LINE OF THE ARBOR COMMERCIAL ANNEXATION TO THE SOUTHERLY LINE OF THE NORDICK ANNEXATION; THENCE S 85° 53' 14" W 208.76 FEET ALONG THE SOUTHERLY LINE OF THE NORDICK ANNEXATION; THENCE N 00° 43' 15" E 459.80 FEET ALONG THE 3 WESTERLY LINE OF SAID NORDICK ANNEXATION TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 2 ALSO BEING THE SOUTHERLY LINE OF THE HORSETOOTH-HARMONY ANNEXATION; THENCE N 89° 54' 45" W 557.47 FEET ALONG SAID LINE TO THE EASTERLY LINE OF THE VOC TECH/SMITH ANNEXATION; THENCE ALONG THE EASTERLY AND SOUTHERLY LINE OF THE SAID VOC TECH/SMITH ANNEXATION THE FOLLOWING FOUR COURSES; (1) - S 00° 18' 15" W 1271.00 FEET; (2) - S 89° 27' 15" W 729.36 FEET; (3) - S 00' 35' 41" W 1351,66 FEET; (4) - S 89- 49' 32" W 615.26 FEET TO THE EASTERLY LINE OF THE ORCHARD SECOND ANNEXATION; THENCE S 00° 37' 35" W 741.39 FEET ALONG THE EASTERLY LINE OF SAID ORCHARD SECOND ANNEXATION; THENCE S 88` 59' 00" W 700.88 FEET ALONG THE SOUTHERLY LINE OF SAID ORCHARD SECOND ANNEXATION AND ALONG THE SOUTHERLY LINE OF THE ORCHARD ANNEXATION TO THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION; THENCE S 00° 26' 39" W 1933.24 FEET ALONG THE EASTERLY LINE OF SAID VOC TECH/SMITH ANNEXATION; CALLS IN SECTION 11-6-69 THENCE S 88° 46' 47" W 1281.59 FEET ALONG THE SOUTHERLY LINE OF SAID VOC TECH/SMITH ANNEXATION TO THE EASTERLY LINE OF THE WUERKER ANNEXATION; THENCE S 00° 00' 19" W 683.49 FEET ALONG THE EASTERLY LINE OF SAID WUERKER ANNEXATION; THENCE S 88` 32' 16" W 661.96 FEET ALONG THE SOUTHERLY LINE OF THE SAID WUERKER ANNEXATION; CALLS IN SECTION 10-6-69 THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF THE WUERKER ANNEXATION THE FOLLOWING THIRTEEN (13) COURSES; 1 - N 04° 44' 44" W 32.29 FEET; 2 -N 21' 43' 34" W 16.90 FEET; 3 - N 44" 55' 29" W 67.22 FEET; 4 - N 40' 50' 14" W 21.12 FEET; 5 - N 30° 42' 34" W 19.32 FEET; 4 6 - N 23° 04' 39" W 53.88 FEET; 7 -N 25° 57 39" W 127.52 FEET; 8 - N 47° 25' 09" W 26.58 FEET; 9 -N 65° 59' 29" W 18.09 FEET; 10- N 75° 23' 34" W 22.16 FEET; I I- N 82° 56' 34" W 21.55 FEET; 12- S 84° 32' 01" W 28.93 FEET; 13- S 70° 44' 11" W 33.44 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE FOSSIL CREEK ESTATES ANNEXATION; THENCE ALONG THE SOUTHERLY LINE OF SAID FOSSIL CREEK ESTATES ANNEXATION THE FOLLOWING FIFTY EIGHT (58) COURSES; 1 - S 53° 55' 01" W 20.31 FEET; 2 - S 40° 21' 26" W 49.98 FEET; 3 - S 57° 51' 16" W 12.41 FEET; 4 - S 72° 26' 56" W 47.34 FEET; 5 - S 46° 32' 31" W 12.68 FEET; 6 - S 30° 31' 56" W 15.03 FEET; 7 - S 20° 07' 46" W 25.01 FEET; 8 - S 07° 30' 16" W 25.23 FEET; 9 - S 00° 18' 16" W 36.94 FEET; 10- S 12° 16' 51" W 25.46 FEET; I I- S 35° 04' 26" W 12.20 FEET; 12- S 49° 19' 46" W 15.90 FEET• 13- S 67° 58' 56" W 14.94 FEET; 14- S 74° 15' 01" W 28.99 FEET; 15- S 58° 05' 46" W 23.19 FEET; 16- S 33° 37' 01" W 16.17 FEET; 17- S 14° 52' 31" W 51.26 FEET; 18- S 25° 56' 31" W 11.54 FEET; 19- S 34° 53' 51" W 15.12 FEET; 20- S 49° 03' 01" W 108.01 FEET; 21- S 64° 08' 01" W 18.46 FEET; 22- S 54° 55' 36" W 15.77 FEET; 23- S 41° 52' 01" W 24.72 FEET; 24- S 33° 50' 31" W 28.84 FEET; 25- S 49° 26' 46" W 42.67 FEET; 26- S 58° 40' 36" W 23.25 FEET; 27- S 70° 17' 01" W 20.37 FEET; 28- S 78° 16' 06" W 44.84 FEET; 29- S 85° 49' 56" W 16.75 FEET; 30-N 76° 34' 54" W 50.20 FEET; 31- S 86° 35' 01" W 22.96 FEET; 5 32- S 75' 17' 11" W 27.89 FEET; 33- N 70° 36' 24" W 23.44 FEET; 34- N 54° 59'44" W 18.89 FEET; 35- N 85° 26' 34" W 86.15 FEET; 36- N 78° 30' 04" W 85.68 FEET; 37- S 87' 41' 11" W 25.00 FEET; 38- S 70' 27' 36" W 32.99 FEET; 39- S 88° 41' 56" W 16.02 FEET; 40- N 77° 09' 59" W 18.38 FEET; 41- N 50° 09' 19" W 29.46 FEET; 42- S 57° 42' 11" W 102.12 FEET; 43-N 25° 40' 54" W 30.28 FEET; 44-N 32° 35' 54" W 37.30 FEET; 45-N 43° 10' 44" W 58.50 FEET; 46-N 63° 48' 54" W 33.37 FEET; 47-N 70° 54' 19" W 85.77 FEET; 48-N 48° 44' 44" W 34.42 FEET; 49-N 34° 52' 34" W 146.57 FEET; 50-N 57° 34' 54" W 57.41 FEET; 51-N 74` 57' 19" W 53.30 FEET; 52- S 52' 04' 31" W 50.69 FEET; 53- S 58' 28' 01" W 31.03 FEET; 54-N 89° 06' 59" W 44.82 FEET; 55-N 78° 09' 04" W 108.79 FEET; 56-N 46' 43' 54" W 25.69 FEET; 57-N 21' 37' 54" W 45.80 FEET; 58- N 32` 35' 14" W 76.34 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE CATHY FROMME NATURAL AREA ANNEXATION; THENCE S 00' 35' 17" W 3462.10 FEET ALONG THE EASTERLY LINE OF SAID CATHY FROMME NATURAL AREA ANNEXATION AND ALONG THE EASTERLY LINE OF THE CATHY FROMME SECOND NATURAL AREA ANNEXATION; THENCE S 89' 53' 33" W 2569.37 FEET ALONG THE SOUTHERLY LINE OF SAID CATHY FROMME SECOND NATURAL AREA ANNEXATION TO THE EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION; THENCE S 02" 02' 30" W 1336.23 FEET ALONG THE SAID EASTERLY LINE OF THE COYOTE RIDGE SECOND ANNEXATION; CALLS IN SECTION 15-6-69 THENCE S 00° 07' 43" W 1314.70 FEET ALONG THE EASTERLY LINE OF THE SAID COYOTE RIDGE SECOND ANNEXATION TO THE NORTHERLY LINE OF THE COYOTE 6 RIDGE SIXTH ANNEXATION; THENCE N 89` 51' 00" E 1253.97 FEET ALONG SAID NORTHERLY LINE OF THE COYOTE RIDGE SIXTH ANNEXATION; THENCE N 89° 50' 53" E 1300.30 FEET ALONG SAID NORTHERLY LINE OF THE COYOTE RIDGE SIXTH ANNEXATION TO THE WESTERLY LINE OF TRILBY HEIGHTS SIXTH ANNEXATION; THENCE N 00° 51' S3" E 1349.09 FEET ALONG THE WESTERLY LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION; CALLS IN SECTION 10-6-69 THENCE N 89° 45' 25" E 2720.72 FEET ALONG THE NORTHERLY LINE OF SAID TRILBY HEIGHTS SIXTH ANNEXATION TO THE WESTERLY LINE OF THE TIMAN FIRST ANNEXATION; CALLS IN SECTION 11-6-69 THENCE N 88° 46' 29" E 2689.22 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION TO THE WESTERLY LINE OF THE FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION; THENCE N 00° 48' 12" W 960.24 FEET ALONG THE WESTERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION; THENCE N 88` 44'48" E 690.00 FEET ALONG THE NORTHERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION; THENCE S 00° 48' 12" E 960.24 FEET ALONG THE EASTERLY LINE OF SAID FORT COLLINS GOOD SAMARITAN VILLAGE ANNEXATION TO THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION; THENCE N 88° 44'48" E 371.20 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION TO THE WESTERLY LINE OF THE FIRST FREE WILL BAPTIST CHURCH ANNEXATION; THENCE N O1° 48' 12" W 370.00 FEET ALONG THE WESTERLY LINE OF SAID FIRST FREE WILL BAPTIST CHURCH ANNEXATION; THENCE N 88° 44' 48" E 543.39 FEET ALONG THE NORTHERLY LINE OF SAID FIRST FREE WILL BAPTIST CHURCH ANNEXATION TO THE WESTERLY LINE OF THE SAID TIMAN FIRST ANNEXATION; THENCE N 01° 49' 14" W 2244.47 FEET ALONG THE WESTERLY LINE OF SAID TIMAN FIRST ANNEXATION; THENCE S 89' 06'45" E 982.97 FEET ALONG THE NORTHERLY LINE OF SAID TIMAN FIRST ANNEXATION; THENCE S 00' 13' 39" E 2107.02 FEET ALONG THE EASTERLY LINE OF SAID TIMAN FIRST ANNEXATION TO THE NORTHERLY LINE OF THE COLLEGE AND TRILBY ANNEXATION; 7 THENCE N 88° 44'45" E 98.17 FEET ALONG THE NORTHERLY LINE OF SAID COLLEGE AND TRILBY ANNEXATION; CALLS IN SECTION 12-6-69 THENCE S 00' 13' 47" E 542.39 FEET ALONG THE EASTERLY LINE OF SAID COLLEGE AND TRILBY ANNEXATION; CALLS IN SECTION 13-6-69 THENCE S 89` 31' 40" W 100.00 FEET ALONG THE SOUTHERLY LINE OF SAID COLLEGE AND TRILBY ANNEXATION; CALLS IN SECTION 14-6-69 THENCE N 00` 12' 09" W 10.00 FEET ALONG THE SAID SOUTHERLY LINE; THENCE S 88° 44' 48" W 1231.77 FEET ALONG THE SAID SOUTHERLY LINE AND ALONG THE SOUTHERLY LINE OF THE SAID TIMAN FIRST ANNEXATION TO THE EASTERLY LINE OF THE TRILBY HEIGHTS THIRD ANNEXATION; THENCE S 00° 28' 33" W 1298.09 FEET ALONG THE EASTERLY LINE OF SAID TRILBY HEIGHTS THIRD ANNEXATION TO THE NORTHERLY LINE OF THE TRIANGLE FARMS ANNEXATION; THENCE N 88° 51' 57" E 1244.80 FEET ALONG THE NORTHERLY LINE OF SAID TRIANGLE FARMS ANNEXATION AND ALONG THE NORTHERLY LINE OF THE HERMITAGE ANNEXATION TO THE WESTERLY LINE OF THE DUECK COLOR-ADO PROPERTIES LTD. ANNEXATION; THENCE ALONG THE WESTERLY, NORTHERLY AND EASTERLY LINES OF THE SAID DUECK COLOR-ADO PROPERTIES LTD. ANNEXATION THE FOLLOWING FIVE (5) COURSES, 1 -N 00° 10' 49" E 234.69 FEET; 2 - S 89° 57' 41" E 99.99 FEET; CALLS IN SECTION 13-6-69 3 - S 83° 46' 11" E 873.44 FEET; 4 - S 00` 10' 49" W 969.12 FEET; 5 - S 28° 01' 17" W 25.66 FEET TO THE NORTHERLY LINE OF THE HALCYON ANNEXATION; 8 THENCE WITH THE FOLLOWING TEN (10) COURSES ALONG THE NORTHERLY LINE OF SAID HALCYON ANNEXATION, I - S 62' 59' 31" E 148.03 FEET; 2 - S 73° 47' 53" E 147.80 FEET; 3 - S 44° 25' 18" E 84.15 FEET; 4 - S 42° 59' 38" E 42.45 FEET; 5 - S 35' 46'46" E 35.80 FEET; 6 - S 35° 13' 17" E 273.30 FEET; 7 - S 35° 05'44" E 39.66 FEET; 8 - S 89° 44' 19" E 275.69 FEET; 9 -N 33" 47' 11" W 851.75 FEET; 10-N 00° 10' 49" E 323.60 FEET TO THE SOUTHERLY LINE OF THE HALCYON SECOND ANNEXATION; THENCE ALONG THE WESTERLY,NORTHERLY AND EASTERLY LINES OF THE SAID HALCYON SECOND ANNEXATION THE FOLLOWING SEVEN (7) COURSES, 1 - N 00° 10'49" E 104.55 FEET; 2 - S 74' 04' 3 1" E 400.50 FEET; 3 - S 69° 08' 11" E 160.05 FEET; 4 -N 19° 45' 59" E 1031.09 FEET; 5 - S 84° 0P 41" E 24.50 FEET; 6 - S 51° 02' 56" E 589.87 FEET; 7 - S 00° 10'40" E 11.54 FEET TO THE WESTERLY LINE OF THE SAID HALCYON ANNEXATION; THENCE S 89° 57' 38" E 596.23 FEET ALONG THE WESTERLY LINE OF SAID HALCYON ANNEXATION; THENCE N 00` 09'41" E 520.47 FEET ALONG THE SAID WESTERLY LINE; THENCE N 00° 17' 19" W 560.98 FEET ALONG THE SAID WESTERLY LINE TO THE SOUTHERLY LINE OF THE FUQUA ANNEXATION; CALLS IN SECTION 12-6-69 THENCE N 88` 11' 32" W 598.58 FEET ALONG THE SOUTHERLY LINE OF SAID FUQUA ANNEXATION; THENCE N 00° 27' 20" E 1744.16 FEET ALONG THE WESTERLY LINE OF SAID FUQUA ANNEXATION TO THE SOUTHERLY LINE THE VILLAGE GROVE ANNEXATION; THENCE ALONG THE SOUTHERLY LINE OF THE SAID VILLAGE GROVE ANNEXATION THE FOLLOWING FIFTEEN (15) COURSES, 1 -N 89' 45' 10" W 368.48 FEET; 2 - S 00° 27'20" W 316.12 FEET; 9 3 -N 89° 45' 10" W 208.71 FEET; 4 -N 00° 27' 20" E 316.12 FEET; 5 -ALONG A CURVE CONCAVE TO THE SOUTH 165.30 FEET, WITH A CENTRAL ANGLE OF 45° 45'43", A RADIUS OF 206.96 FEET AND A CHORD WHICH BEARS S 67° 22' 00" W 160.94 FEET; 6 - S 44` 29' 10" W 76.87 FEET; 7 - S 00` 14' 50" W 407.17 FEET; 8 - S 89' 45' 10" E 200.00 FEET; 9 - S 00" 27' 20" W 417.42 FEET; 10- N 89° 45' 10" W 360.00 FEET; 1 I- N 00' 27'20" E 1.29 FEET; 12- N 89° 45' 10" W 837.92 FEET; 13-N 00° 27'20" E 166.18 FEET; 14- ALONG A CURVE CONCAVE TO THE SOUTHEAST 63.05 FEET, WITH A CENTRAL ANGLE OF 89` 53' 05", A RADIUS OF 40.19 FEET AND A CHORD WHICH BEARS N 45° 24' 05" E 56.78 FEET; 15- N 00' 20' S0" E 60.00 FEET TO THE SOUTHERLY, LINE OF THE SHERIDAN FIRST ANNEXATION; THENCE ALONG THE SAID SOUTHERLY LINE, ALONG A CURVE CONCAVE TO THE SOUTHEAST 157.19 FEET, WITH A CENTRAL ANGLE OF 89° 53' 30", A RADIUS OF 100.19 FEET AND A CHORD WHICH BEARS S 45° 24' 00" W 141.56 FEET; THENCE N 89° 45' 10" W 359.13 FEET ALONG THE SAID LINE; THENCE N 00° 13' 40" W 583.41 FEET ALONG THE SAID LINE AND ALONG THE WESTERLY LINE OF THE SAID VILLAGE GROVE ANNEXATION; THENCE S 89° 39' 10" E 617.40 FEET ALONG THE WESTERLY LINE OF VILLAGE GROVE ANNEXATION; THENCE N 00` 13'40" W 1092.14 FEET ALONG SAID LINE AND ALONG THE WESTERLY LINE OF THE SUNBURST KNOLLS ANNEXATION, TO THE SOUTHERLY LINE OF THE HUNTINGTON MEWS ANNEXATION; THENCE N 89° 28' 37" W 622.07 FEET ALONG THE SOUTHERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION; THENCE N 00° 12' 47" W 1333.82 FEET ALONG THE WESTERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION; THENCE S 89° 24' 50" E 230.50 FEET ALONG THE NORTHERLY LINE OF THE HUNTINGTON MEWS ANNEXATION TO THE WESTERLY LINE OF THE CORRAL ANNEXATION; THENCE N 00` 44' 06" E 1306.15 FEET ALONG SAID WESTERLY LINE OF THE CORRAL ANNEXATION; CALLS IN SECTION 1-6-69 THENCE S 88` 55' 14" E 2003.61 FEET ALONG THE NORTHERLY LINE OF THE SAID 10 CORRAL ANNEXATION AND THE NORTHERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION TO THE WESTERLY LINE OF THE KEENLAND ANNEXATION; THENCE ALONG THE WESTERLY LINE OF THE SAID KEENLAND ANNEXATION THE FOLLOWING TEN (10) COURSES, I -N 00° 56' 41" E 2159.50 FEET; 2 - S 70° 23' 25" E 126.42 FEET; 3 -N 13' 56' 25" W 79.38 FEET; 4 - N 19° 20' 35" E 32.15 FEET; 5 -N 48° 00' 35" E 112.02 FEET; 6 -N 17° 09' 05" E 73.76 FEET; 7 - N 21° 04' 25" W 129.60 FEET; 8 -N 13' 06' 25" W 114.43 FEET; 9 - 589° 34' 41" E16.69; 10 -N 32° 00' 10" W 285.74 FEET; THENCE N 00° 14' 32" E 2397.25 FEET ALONG SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF THE FRONT RANGE BAPTIST ANNEXATION TO THE TRUE POINT OF BEGINNING. EXCEPTING THERE FROM THE ALLIN ANNEXATION WHICH LIES IN THE SOUTHWEST QUARTER OF THE SAID SECTION 1, THE SAID ALLIN ANNEXATION WILL STILL REMAIN WITHIN THE CITY OF FORT COLLINS. CONTAINING A NET AREA OF 1731.098 ACRES, (2.705 SQUARE MILES), MORE OR LESS. 11 EXHIBIT "B" SOUTHWEST ENCLAVE ANNEXATION PHASE ONE SOUTH COLLEGE FRONTAGE AREA SOUTHWEST ENCLAVE ANNEXATION PHASE ONE DESCRIPTION: A TRACT OF LAND SITUATE IN SECTIONS 1, 2, 11, 12, 13, AND 14 OF TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERDIAN, COUNTY OF LARIMER, STATE OF COLORADO; ALL ANNEXATIONS REFERENCED TO IN THIS DOCUMENT ARE ANNEXATIONS OF RECORD TO THE CITY OF FORT COLLINS, COLORADO CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1 AS BEARING N 00° 55' 32" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1; THENCE S 88' 55' 14" E 153.27 FEET ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 1 TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH COLLEGE AVENUE FRONTAGE ROAD AND TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE N 00° 52' 32" E 1280.26 FEET ALONG SAID EASTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE FRONTAGE ROAD; THENCE N 13° 09'42" W 145.69 FEET CONTINUING ON SAID LINE TO THE SOUTHERLY LINE OF FOSSIL CREEK THIRD ANNEXATION; THENCE S 46° 18' 07" W 90.76 FEET ALONG SAID SOUTHERLY LINE; THENCE N 89° 04' 38" W 101.13 FEET ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF THE FOSSIL CREEK WEST FIRST ANNEXATION; CALLS IN SECTION 2-6-69 THENCE S 00' 59' 42" W 76.37 FEET ALONG THE SAID EASTERLY LINE OF THE FOSSIL CREEK WEST FIRST ANNEXATION; THENCE S 22° 39' 32" W 67.30 FEET ALONG SAID LINE; THENCE S 00° 58' 03" W 1221.27 FEET ALONG SAID LINE AND ALONG THE EASTERLY LINE OF THE FOSSIL CREEK WEST SECOND ANNEXATION TO THE EASTERLY LINE OF THE SKYVIEW LTD. ANNEXATION; CALLS IN SECTION 11-6-69 THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF THE SAID SKYVIEW LTD. ANNEXATION THE FOLLOWING SIX(6) COURSES, (1) - S 00° 58' 46" W 366.08 FEET; (2) - S 01- 02' 50" W 610.50 FEET; (3)-ALONG A CURVE CONCAVE TOWARDS THE EAST 62.78 FEET, WITH A CENTRAL ANGLE OF 00° 09' 23", A RADIUS OF 22,995.00 FEET AND A CHORD WHICH BEARS S 00° 57'46" W 62.78 FEET; (4) -N 88° 58' 00" W 280.27 FEET; (5) - S 01° 02' 00" W 276.98 FEET; (6) - S 89° 34' 22" W 12.44 FEET TO THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF BLOCK 1 OF THE SKYVIEW SUBDIVISION, A PLAT OF RECORD WITH THE CLERK AND RECORDER OF THE SAID LARIMER COUNTY; THENCE S 00' 13' 21" E 490.13 FEET ALONG THE SAID EXTENSION AND ALONG THE EASTERLY LINE OF BLOCK 1 AND ITS SOUTHERLY EXTENSION TO THE SOUTH RIGHT OF WAY OF WEST SATURN DRIVE; THENCE S 89° 55' 21" E 10.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST SATURN DRIVE TO THE CENTERLINE OF THE ALLEY LYING BETWEEN TRACTS I AND H OF THE SAID SKYVIEW SUBDIVISION (THE ALLEY IS NOW VACATED); THENCE S 00° 13'21" E 96.41 FEET ALONG THE CENTERLINE OF SAID VACATED ALLEY TO THE SOUTHERLY LINE OF THE SAID SKYVIEW SUBDIVISION; THENCE S 89° 46' 39" W 10.00 FEET ALONG THE SAID SOUTHERLY LINE TO THE EASTERLY LINE OF BLOCK 2 OF THE SAID SKYVIEW SUBDIVISION; THENCE S 00' 13' 21" E 780.97 FEET ALONG THE SAID EASTERLY LINE AND ITS SOUTHERLY EXTENSION TO THE NORTHERLY LINE OF THE TIMAN FIRST ANNEXATION; THENCE S 89° 06' 45" E 321.90 FEET ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE SAID TIMAN FIRST ANNEXATION; THENCE S 00° 13' 39" E 2107.02 FEET ALONG THE SAID EASTERLY LINE TO THE NORTHERLY LINE OF THE COLLEGE AND TRILBY ANNEXATION; THENCE N 88° 44'45" E 98.17 FEET ALONG SAID NORTHERLY LINE OF THE SAID COLLEGE AND TRILBY ANNEXATION; CALLS IN SECTION 12-6-69 THENCE S 00' 13'47" E 542.39 FEET ALONG THE EASTERLY LINE OF SAID COLLEGE AND TRILBY ANNEXATION; CALLS IN SECTION 13-6-69 THENCE S 89` 31' 40" W 50.17 FEET ALONG THE SOUTHERLY LINE OF SAID COLLEGE AND TRILBY ANNEXATION TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SAID SECTION 14; CALLS IN SECTION 14-6-69 THENCE S 89° 31'40" W 49.83 FEET CONTINUING ALONG THE SAID SOUTHERLY LINE; THENCE N 00° 12' 09" W 10.00 FEET CONTINUING ALONG SAID SOUTHERLY LINE; THENCE S 88° 44' 48" W 1231.77 FEET ALONG THE SAID SOUTHERLY LINE AND ALONG THE SOUTHERLY LINE OF THE SAID TIMAN FIRST ANNEXATION, TO THE EASTERLY LINE OF TRILBY HEIGHTS THIRD ANNEXATION; THENCE S 00° 28' 33" W 1298.09 FEET ALONG THE EASTERLY LINE OF SAID TRILBY HEIGHTS THIRD ANNEXATION TO THE NORTHERLY LINE OF THE TRIANGLE FARMS ANNEXATION; THENCE N 88° 51' 57" E 1244.80 FEET ALONG THE SAID NORTHERLY LINE OF THE TRIANGLE FARMS ANNEXATION AND ALONG THE NORTHERLY LINE OF THE HERMITAGE ANNEXATION, TO THE WESTERLY LINE OF THE DUECK COLORADO PROPERTIES LTD. ANNEXATION; THENCE N 00° 10' 49" E 234.69 FEET ALONG SAID WESTERLY LINE OF THE DUECK COLORADO PROPERTIES LTD. ANNEXATION; THENCE S 89` 57'41" E 99.99 FEET ALONG THE NORTHERLY LINE OF SAID DUECK COLORADO PROPERTIES LTD. ANNEXATION TO THE EASTERLY RIGHT OF WAY OF SOUTH COLLEGE AVENUE; CALLS IN SECTION 13-6-69 THENCE N 00" 09' 10" E 120.55 FEET ALONG SAID EASTERLY RIGHT-OF-WAY OF SOUTH COLLEGE AVENUE; THENCE N 00° 12' 11" W 59.34 FEET CONTINUING ALONG SAID EASTERLY RIGHT- OF-WAY OF SOUTH COLLEGE AVENUE TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND (TRACT 6) DESCRIBED IN A DEED RECORDED FEBRUARY 6, 1975 IN BOOK 1634 AT PAGE 0083 RECORDS OF THE SAID CLERK AND RECORDER; THENCE N 89° 47' 49" E 193.86 FEET ALONG THE SAID EXTENDED LINE TO THE WESTERLY LINE OF THE SAID TRACT 6 DESCRIBED IN BOOK 1634 AT PAGE 0083; THENCE N 00° 12' 11" E 874.88 FEET ALONG THE SAID WESTERLY LINE AND ALONG THE WESTERLY LINE OF TRILBY HEIGHTS FIRST SUBDIVISION AND THE WESTERLY LINE OF THE REPLAT OF TRILBY HEIGHTS FIRST SUBDIVISION TO THE SOUTHERLY RIGHT-OF-WAY OF EAST TRILBY ROAD; THENCE S 89° 41' 05" E 199.77 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF LYNN ACRES, A PLAT OF RECORD WITH THE SAID CLERK AND RECORDER; CALLS IN SECTION 12-6-69 THENCE N 00' 02' 16" W 1007.01 FEET ALONG THE SAID EXTENDED LINE AND ALONG THE SAID WESTERLY LINE OF LYNN ACRES TO THE WESTERLY LINE OF THE SHERIDAN FIRST ANNEXATION; THENCE N 00` 13' 40" W 583.41 FEET ALONG THE WESTERLY LINE OF THE SAID SHERIDAN ANNEXATION AND ALONG WESTERLY LINE OF THE VILLAGE GROVE ANNEXATION; THENCE S 89° 39' 10" E 617.40 FEET ALONG THE WESTERLY LINE OF THE SAID VILLAGE GROVE ANNEXATION; THENCE N 00° 13' 40" W 1092.14 FEET ALONG THE WESTERLY LINE OF SAID VILLAGE GROVE ANNEXATION AND ALONG THE WESTERLY LINE OF THE SUNBURST KNOLLS ANNEXATION TO THE SOUTHERLY LINE OF THE HUNTINGTON MEWS ANNEXATION; THENCE N 89° 28' 37" W 622.07 FEET ALONG THE SOUTHERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION; THENCE N 00` 12'47" W 1333.82 FEET ALONG THE WESTERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION; THENCE S 89° 24' 50" E 230.50 FEET ALONG THE NORTHERLY LINE OF SAID HUNTINGTON MEWS ANNEXATION TO THE WESTERLY LINE OF THE CORRAL ANNEXATION; THENCE N 00° 44' 06" E 1306.15 FEET ALONG SAID WESTERLY LINE OF THE CORRAL ANNEXATION TO THE SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 1; THENCE N 88' 55' 14" W 521.73 FEET ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 1 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 145.250 ACRES MORE OR LESS. EXHIBIT "C" PAGE 1 of 2 Southwest Enclave Annexation Phases LU W HARMONY RD E HA5MO.IJY Rb i i � • �._.�,, i Phase 2 i i 2007 : i I Phase 3 i I 2010 #i I / Phase 3 Phase 4 2014 LL ' a 1 Phase 1 2006 W TRI E TRILBY RD I . Phase 3 2010 m $.... J O O E COUNTY ROAD 32 Legend — Major Roads PHASE N �--- Railroad Q 1 W E Parcels 2 S I _•1 3 ®4 1 inch equals 1,500 feet EXHIBIT "C", page 2 of 2 Exhibit C Southwest Enclave Annexation Phases and Phasing Timeline Phase Number Geographic Area Implementation Date 1 cl Mar Strip Subdivision, Kel Mar Strip 2"Filing October 2006 ubdivision, South 13 Subdivision, Skyview ommercial Subdivision, Southland at Trilby Heights ubdivision, 20 acres at the Southwest Corner of Trilby oad and College Avenue (unplatted), and 15 acres within the Lynn Acres Sudivision(uplatted) and ibutting East Skyway Drive. 2 airway Estates Subdivision and Pitner Estates 2007 ubdivision. 2007 3 3rookwood Estates Subdivision, Applewood Estates 2010 ubdivision, Ader Estates PUD Subdivision, Aurora ills Subdivision, Scenic Knolls Subdivision, Fossil reek Meadows Subdivision, Skyview Acres V ubdivision, Skyview South 2"d Subdivision, Fossil rest Subdivision, Gulley Greenhouse Property, Lynn cres Subdivision(except parcels included within )base 2), and Trilby Heights 15` and 2' Subdivisions. O10 4 Wildflower MLD and all other enclave properties 2014 ocated west of S. Shields Street (except the Gulley reenhouse Property) 2014 ORDINANCE NO. 138, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN PHASE ONE OF THE SOUTHWEST ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Commercial ("C")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `C' A TRACT OF LAND SITUATE IN THE E %2 OF SECTION 11 AND THE W %2 OF SECTION 12 AND THE NW `V4 OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AS BEARING S 00" 02'21"W,BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 13,THENCE S 00° 02'21" W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING; THENCE S 00° 02' 19" W 876.44 FEET, THENCE N 89 *47' 49" E 247.73 FEET,THENCE N 00° IT 11"E 874.88 FEET,THENCE S 89` 41'05"E 199.77 FEET,THENCE N 00° 02' 16"W 1007.01 FEET,THENCE N 00° 13'40"W 1677.45 FEET,THENCE N 89-28,37" W 4.64 FEET, THENCE N 00" 12'47"W 1333.82 FEET,THENCE S 89° 24' 50" E 230.50 FEET, THENCE N 00° 44' 06" E 1306.15 FEET, THENCE N 88° 55' 14" W 675.00 FEET TO THE NW CORNER OF SECTION 12, THENCE S 88` 49' 00" W 75.00 FEET, THENCE S 00° 58' 46" W 366.08 FEET, THENCE S 01 ° 02' 50" W 610.50 FEET, THENCE ALONG THE ARC OF A 22,995.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 62.78 FEET,THE LONG CHORD OF WHICH BEARS S 00 ° 57' 46" W 62.78 FEET, THENCE N 88" 58' 00" W 280.27 FEET,THENCE S 01° 02'00"W 276.98 FEET,THENCE S 89' 34'22"W 12.44 FEET,THENCE S 00° 13' 21" E 490.13 FEET, THENCE S 89° 55' 21" E 10.00 FEET, THENCE S 00° 13' 21" E 96.41 FEET, THENCE S 89° 46' 39" W 10.00 FEET, THENCE S 00 ° 13' 21" E 780.97 FEET, THENCE S 89° 06'45" E 321.90 FEET,THENCE S 00' 13'39" E 2107.02 FEET,THENCE N 88' 44'45" E 98.17 FEET, THENCE S 00' 13'47" E 542.39 FEET, THENCE S 89° 31'40" W 50.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 84.37 ACRES, MORE OR LESS. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property described in Section 1 above is not included in the Residential Neighborhood Sign District. Section 3. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood("L-M-N")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `LMN' A TRACT OF LAND SITUATE IN THE NE '/a OF SECTION 14 AND THE NW '/a OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13 AS BEARING S 00` 02'21"W, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 14,THENCE S 00° 02,21 W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING;THENCE S 89' 31'40"W 49.83 FEET,THENCE N 00° 12'09"W 10.00 FEET, THENCE S 88° 44'48" W 1231.77 FEET,THENCE S 00° 28' 33" W 1298.09 FEET, THENCE N 88° 51' 57" E 1244.80 FEET, THENCE N 00` 10' 49" E 234.69 FEET, THENCE S 89° 57' 41" E 99.99 FEET, THENCE N 00' 09' 10" E 120.55 FEET, THENCE N 00' 12' 11" W 59.33 FEET, THENCE S 89° 47' 49" W 53.87 FEET, THENCE N 00° 02' 19" E 876.44 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 38.325 ACRES, MORE OR LESS. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property described in Section 3 above is included in the Residential Neighborhood Sign District. Section 5. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado,in the Low Density Residential("R-L")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `RL' A TRACT OF LAND SITUATE IN THE SW '/4 OF SECTION I AND THE SE '/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1 AS BEARING S 88' 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE S 88° 55' 14" E 153.27 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 1, THENCE N 00° 52' 32" E 1280.26 FEET, THENCE N 13° 09'42" W 145.69 FEET, THENCE S 46' 18'07"W 90.76 FEET,THENCE N 89- 04,38"W 101.13 FEET, THENCE S 00° 59' 42" W 76.37 FEET, THENCE S 22' 39' 32" W 67.30 FEET, THENCE S 00° 58'03"W 1221.27 FEET,THENCE N 88` 49' 00"E 75.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING A NET AREA OF 7.06 ACRES, MORE OR LESS. Section 6. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property described in Section 5 above is included in the Residential Neighborhood Sign District. Section 7. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Urban Estate("U-E")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `UE' A TRACT OF LAND SITUATE IN THE SW '/ OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 AS BEARING S 88° 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12,THENCE S 88° 55' 14" E 675.00 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 12, THENCE S 00° 44' 06"W 1306.15 FEET,THENCE N 89° 24'50"W 230.50 FEET,THENCE S 00` IT 47" E 1333.82 FEET,THENCE S 89° 28' 37" E 4.64 FEET,TO THE TRUE POINT OF BEGINNING;THENCE S 89° 28'37" E 622.07 FEET,THENCE S 00° 13'40" E 1092.14 FEET,THENCE N 89° 39' 10"W 617.40 FEET, THENCE N 0` 13'40" W 1094.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 15.49 ACRES, MORE OR LESS. Section 8. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property described in Section 7 above is included in the Residential Neighborhood Sign District. Section 9. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of September,A.D. 2006, and to be presented for final passage on the 3rd day of October,A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 139, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING LAND USE CODE SECTIONS 3 . 8 . 7(A)(3 )(c) REGARDING AMORTIZATION OF NONCONFORMING SIGNS AND 3 . 8 . 11 (B) REGARDING FENCING WHEREAS , the sign provisions of the Land Use Code currently require that all nonconforming signs must be removed or brought into compliance with City regulations within five years from the date of annexation; and WHEREAS , because of delays in the implementation of the Larimer County Sign Code for unincorporated areas of the County, the Council has determined that it is necessary, in order to lessen the economic impact of the amortization of nonconforming signs, that the time period be extended from five years to seven years for the amortization of nonconforming signs on properties annexed into the City; and WHEREAS , the Land Use Code currently allows barbed wire fencing only in the Industrial and Employment Zone Districts ; and WHEREAS , exterior storage yards associated with uses that might locate in such zone districts may have special security needs that can be addressed with the use of barbed wire fencing; and WHEREAS , large lot residential and agricultural properties in the City that have been annexed over the years may often need barbed wire or electrically charged fencing, which fencing may have been erected prior to annexation; and WHEREAS , barbed wire and electrically charged fences may also be needed for managing the livestock and pasture areas that have existed on such properties for many years ; and WHEREAS , City staff has recommended that the Land Use Code be amended to allow limited use of barbed wire and electrically charged fencing in the Urban Estate, Foothills Residential and Rural Lands Zone Districts, which are the three zones in the City which permit farm animals . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 3 . 8 . 7(A)(3 )(c) of the Land Use Code is hereby amended to read as follows : (3 ) Nonconforming Signs. (c) Except as provided in subsection (d) below, all existing nonconforming signs located on property annexed to the city shall be removed or made to conform to the provisions of this Article no later than five--(5r)seven (7) years after the effective date of such annexation; provided, however, that during said five-yearseven period, such signs shall be maintained in good condition and shall be subject to the same limitations contained in subparagraphs (b)( 1 ) through (b)(6) above. This subsection shall not apply to off-premise signs which are within the ambit of the just compensation provisions of the Federal Highway Beautification Act and the Colorado Outdoor Advertising Act. Section 2 . That Section 3 . 8 . 11 (B) of the Land Use Code is hereby amended to read as follows : (B) Materials : Chain link fencing with or without slats shall not be used as a fencing material for screening purposes . Except as permitted below, no barbed wire or other sharp-pointed fence and no electrically charged fence shall be installed or used in any zone districts . in the Employment District and the industrial District, every three (3 ) years for installation of security arms alid barbed wire strmids atop protcctive fimccs or walls , providcd that the foil conditions are met. ( 1 ) The lowest strand of bat-bed wire is maintained at least ten In the Urban Estate (U-E), Rural Land (R-U-L) , and Foothills Residential (R-F) districts, barbed wire and portable electrically charged fencing may be used for the purpose of livestock and pasture management. Electrically charged fencing must be used within permanent fencing. Electrically charged fencing that is located along any public right-of-way shall contain signage that identifies it as being electrically charged. Such signage shall occur every three hundred (300) feet and be a minimum of thirty six (36) square inches in area. All electrically charged fencing shall be limited to low impedance, commercially available electric fence energizers using an interrupted flow of current at intervals of about one ( 1 ) second on and two (2) seconds off and shall be limited to two thousand six hundred (2600) volts at a five hundred (500) ohm load at seventeen ( 17) milliamperes current. All electric fences and appliances, equipment, and materials used shall be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications and in compliance with the National Electrical Code, 1981 Edition NFPA 7019811 (2) fight level switch is installed and mainfained in good In the Employment (E) District and the Industrial (1) District, the Director may grant a revocable use permit that must be renewed every three (3 ) years for installation of security arms and barbed wire strands atop protective fences or walls, provided that the following conditions are met: the lowest strand of barbed wire must be maintained at least ten ( 10) feet above the adjoining ground level outside the fence; exterior area security lighting controlled by an automatic light level switch must be installed and maintained in good operating condition; and such lighting must be directed into the site and not outward toward the perimeter. (3 ) Such lighting is directed into the site and not ontward towar the perimeter Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk ORDINANCE NO. 140, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLE VI, DIVISION 4 OF THE CODE OF THE CITY RELATING TO RATES AND CHARGES FOR ELECTRIC SERVICE WHEREAS , the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins , Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS , the City Manager has recommended to the City Council that the City Code be amended to allow the City Council to reduce electric rates for Service Rights Fees in annexed areas at the time of annexation in order to mitigate the economic impacts to the properties in this annexation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That paragraph (h) of Section 26-464 of the Code of the City of Fort Collins is hereby amended to read as follows : (h) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 221 19K if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25 ) percent of charges for electric power service . For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Section 2 . That paragraph (i) of Section 26-465 of the Code of the City of Fort Collins is hereby amended to read as follows : (i) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 229 19K if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service . For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Section 3 . That paragraph 0) of Section 26-466 of the Code of the City of Fort Collins is hereby amended to read as follows : 6) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 221 19K if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Section 4 . That paragraph (1) of Section 26-467 of the Code of the City of Fort Collins is hereby amended to read as follows : (l) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 221 19K if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service . For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Section 5 . That paragraph (m) of Section 26-468 of the Code of the City of Fort Collins is hereby amended to read as follows : (m) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 22 , 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25 ) percent of charges for electric power service . For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Section 6 . That paragraph (d) of Section 26-469 of the Code of the City of Fort Collins is hereby amended to read as follows : (d) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the city after April 221 198% if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten ( 10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25 ) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to a charge in lieu of taxes and franchise otherwise required in this Section. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A . D . 2006 . Mayor ATTEST : City Clerk ORDINANCE NO. 141 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26, ARTICLE VII, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO STORMWATER FEES WHEREAS , the City Council is empowered and directed by Article XII, Section 6, of the Charter of the City of Fort Collins, Colorado, to by ordinance from time to time fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs expenses and other obligations of the such utility, as set forth therein; and WHEREAS , Section 26-514 of the Code provides that the Director of the stormwater utility shall determine the stormwater fee rate that shall apply to each specific lot or parcel of land based on runoff coefficient, rate factor, base rate and square footage as set forth in this Section; and WHEREAS , the City Manager has recommended to the City Council that the City Code be amended to allow the Council to make adjustments to the monthly stormwater utility fees for annexed areas, on a case by case basis, in order to mitigate the economic impacts to the annexed properties as deemed appropriate by the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 26-514 of the Code of the City of Fort Collins is hereby amended by placing the existing language of that Section as subsection (a) and amending it and adding a new subsection (b), to read as follows : Sec. 26-514. Determination of stormwater utility fee. (a) The stormwater utility fee shall be determined as set forth in this Section, and shall be based upon the area of each lot or parcel of land and the runoff coefficient of the lot or parcel. For the purposes of this Section, the total lot or parcel area shall include both the actual square footage of the lot or parcel and the square footage of open space and common areas allocated to such lot as provided in Paragraph (4) of this Subsection. The stormwater utility fee shall recover the costs of both operations and maintenance and a portion of capital improvements . The General Manager shall determine the rates that shall apply to each specific lot or parcel of land within the guidelines herein set forth and shall establish the utility fee in accordance with the rate together with the other factors set forth as follows : ( 1 ) Runoff coefficient. a. Each lot or parcel of land shall be placed in one ( 1 ) of five (5 ) specific categories hereinafter referred to as basic categories of development, based upon the land use characteristics for the lot or parcel. The runoff coefficient as used in the engineering formula known as the rational method shall be used as the basis for assigning rate factors for basic categories of development as follows : Basic category of development Runoff coefficient Very light 0 — 0 . 30 Light 0 . 31 — 0 . 50 Moderate 0 . 51 — 0 . 70 Heavy 0 . 71 — 0 . 90 Very heavy 0 . 91 — 1 . 00 b . The General Manager shall determine the basic category of development for each lot or parcel of land based on the runoff coefficient typical for the particular land use and/or zoning for that lot or parcel . (2) The rate factor for each basic category of development shall be as follows : Basic category of development Rate factor Very light 0 . 25 Light 0 . 40 Moderate 0 . 60 Heavy 0 . 80 Very heavy 0 . 95 (3 ) The base rate for the stormwater utility fee shall be $0 . 0041454 per square foot per month for all areas of the City. (4) The square footage of open space and common areas to be allocated to each lot or parcel in determining the total lot or parcel area for the monthly fee calculation in Paragraph (5) of this Subsection shall be calculated as follows : Residential Lot N = number of lots platted or parcels in the subject residential development O = total number of square feet of open space and common areas platted in the subject residential development R = square footage of open space and common areas to be allocated to each residential lot or parcel within the subject residential development R = ON Commercial Lot A = total number of square feet of commercial lot platted or parcels in the subject commercial development O = total number of square feet of open space and common areas platted in the subject commercial development L = number of square feet of area platted in the individual commercial lot or parcel being billed (" subject commercial lot" ) C = square footage of open space and common areas to be allocated to subject commercial lot or parcel C = (L/A) x O (5 ) The monthly stormwater utility fee for each lot or parcel of land, except those parcels or lots falling within the exceptions set out in (6) and (7) below, shall be based on the following formula with all area calculations in square feet: Monthly fee = (lot or parcel area) x (rate factor) x (base rate) . (6) Single-family residential lots or parcels larger than twelve thousand ( 12,000) square feet, but not larger than one-half (1/z) acre, shall be assessed on the basis of the first twelve thousand ( 12,000) square feet in accordance with the formula described in (5) above, and the remainder shall be assessed in accordance with the following formula: Remainder of monthly fee = (remaining area) x (rate factor) x (base rate) x (0 .25) . (7) Single-family residential or agricultural lots or parcels larger than one-half ( %) acre shall be assessed using the methods set forth in (5) and (6) above, except that the General Manager may assess a reduced fee or no fee for all or any portion of the lot or parcel in excess of one-half (1/2) acre if the General Manager determines that such fee reduction is warranted by the land use characteristics and runoff characteristics of the remainder of the lot or parcel. (b) In the event that the City Council has determined at the time of annexation of a lot or parcel of land that the temporary reduction of the stormwater utility fee is justified in order to mitigate the economic impacts to the annexed properties in light of the relevant circumstances, the stormwater utility fee applicable to said lot or parcel may be temporarily reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October, A.D. 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A. D . 2006 . Mayor ATTEST : City Clerk ORDINANCE NO, 142, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 , ARTICLE XI OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO SECONDHAND DEALERS AND FLEA MARKETS WHEREAS , the City Council has, this same date, adopted an ordinance annexing the Southwest Enclave ; and WHEREAS , the businesses situated within the Southwest Enclave include several large flea markets and second hand dealers ; and WHEREAS , Chapter 15 , Article XI of the City Code contains various provisions regulating the operation of secondhand dealers in the City in the interest of the public health, safety and welfare; and WHEREAS , such regulations include a requirement that all secondhand dealers be licensed with the City; and WHEREAS , the City Code does not currently contain specific provisions for secondhand dealers operating out of flea markets ; and WHEREAS , a definition of what constitutes a flea market subject to licensing and reporting obligations would aid in the enforcement of the ordinances pertaining to dealing in secondhand property; and WHEREAS , due to the nature of flea markets and the relatively low number of qualifying secondhand property that passes through such markets, licensing the operator of the flea market, rather than each individual vendor, would be less burdensome that the current licensing requirement and would still accomplish the purpose for which the secondhand dealer regulations were enacted; and WHEREAS , requiring each individual vendor to provide identifying information to the operator would further aid in ensuring compliance with state and local regulation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That Section 15 -316 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition "Flea market" which reads in its entirety as follows : Flea market shall mean a temporary or permanent market place, indoor or outdoors, wherein a booth or other space is provided by an owner or operator for a fee or compensation, to a vendor to exhibit and offer secondhand goods for sale or trade to the general public . Section 2 . That the definition "Secondhand dealer" contained in Section 15 -316 of the Code of the City of Fort Collins is hereby amended to read as follows : Secondhand dealer shall mean any person who accepts on consignment, sells or trades any secondhand property and any owner or operator of a flea market; provided, however, that this definition and the terms of this Article shall not apply to the following : (6) an individual vendor renting a booth or space in a flea market, except that each individual vendor shall be subject to the requirements in § 15 -327 . Section 3 . That Section 15 -317 (a) of the Code of the City of Fort Collins is hereby amended to read as follows : Sec. 15-317. License required ; annual fee. (a) It shall be unlawful for any person or owner or operator of a flea market to engage in the business of secondhand dealing except as provided in and authorized by this Article and without first having obtained a license from the Financial Officer. Such license shall be kept current at all times, and failure to maintain a current license shall constitute a violation of this Section. Section 4 . That Section 15 -318 of the Code ofthe City of Fort Collins is hereby amended by the addition of a new subparagraph (f) which reads in its entirety as follows : Sec. 15-318. Application for secondhand dealer license; renewals limitation on use; appeals. (f) With respect to flea markets , an owner or operator licensed under this Article shall provide, with each application for a new or renewal license, a list of all persons renting a booth or space in the flea market, along with such person's date of birth, address and driver's license or other identifying number. Section 5 . That Section 15 -319 ofthe Code ofthe City of Fort Collins is hereby amended to read as follows : Sec. 15-319. Sales tax license required. In addition to the secondhand dealer license, every secondhand dealer shall also obtain a sales tax license as provided in Section 39-26- 103 , C .R. S . , except that ondhand dealers and other persons - -- persons renting a booth or space in a flea market or similar facility shall not be required to obtain a sales tax license, but shall be required to collect the sales tax and to remit the proceeds of said tax to the operator of the flea market or similar facility as provided by this Article. The operator shall obtain a sales tax license which is applicable to all sales occurring at the flea market or similar facility and shall collect the sales tax from each secondhand erson operating therein who does not have his or her own sales tax license and shall remit such proceeds as provided by law for the remittance of sales taxes. Section 6 . That the Code of the City of Fort Collins is hereby amended by the addition of a new section 15 -327 which reads in its entirety as follows and the old Section 15 -327 shall be renumbered to Section 15 -328 : Sec. 15-327. Information required/false information. It shall be unlawful for a vendor renting or using a space or booth in a flea market to fail to provide his or her name, address, driver' s license number and other identifying number to a flea market operator who requests such information pursuant to § 15 -318 (f) or to provide false identifying information to such operator. Sec . 15 -32-78 . Violations and penalties . In addition to the revocation, denial or suspension of any license issued, any person who shall violate any of the provisions of this Article, and any person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by § 15 -320 shall be guilty of a misdemeanor punishable in accordance with § 1 - 15 . Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A. D . 2006 . Mayor ATTEST : City Clerk ORDINANCE NO. 143 , 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 4-73 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE POSSESSION OF WILD OR EXOTIC ANIMALS WHEREAS , the provisions of Chapter 4 of the City Code, pertaining to animals and insects, apply throughout the City; and WHEREAS , Section 4-73 of the Code contains a prohibition against the possession of certain wild or exotic animals within the City limits ; and WHEREAS , the Larimer County Humane Society (the "Humane Society") enforces, pursuant to a contract with the City, the provisions of this Chapter of the City Code; and WHEREAS , the Humane Society is located in the Southwest Enclave Annexation, which this same date has been annexed by the City Council; and WHEREAS , the Humane Society may, after annexation, continue to come into possession of certain animals, the possession of which is otherwise illegal in the City under Code Section 4-73 ; and WHEREAS , an exception to that provision for the Humane Society and other similar businesses is necessary to allow such entities to exercise functions and duties beneficial to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 4-73 of the Code of the City of Fort Collins is hereby by the addition of a new subparagraph (f) which reads in its entirety as follows : Sec. 4-73 . Limitation on possession and feeding of wild or exotic animals. (a) No person shall own, feed or possess any animal for which a state license is required unless such person possesses the appropriate license from the State Division of Wildlife . (b) No person shall keep any wild or exotic animal within the city unless such possession is authorized by federal or state law. Notwithstanding the foregoing, in no event shall any person keep or feed the following within the city : ( 1 ) Bears ; (2) Any species of feline, including exotic cat/domesticated cat crossbreeds, other than ordinary domesticated house cats ; (3 ) Skunks; (4) Poisonous or venomous amphibians or reptiles; (5 ) Raccoons, porcupines, badgers or other similar species, except ferrets or minks, unless authorized under a state wildlife rehabilitation license ; (6) Deer; (7) Any wolf, coyote or fox; (8) Any species of nonhuman primate, but excluding animals imported under authority of state or federal law; and (9) Wild geese or ducks, except as permitted under a state wildlife rehabilitation license . (c) For the purpose of this Section, to feed shall mean all provision of edible or drinkable material, including without limitation bones, salt licks and water. (d) It shall be a defense to a charge of violating this Section that a person holds a valid City circus, menagerie or carnival license under § 15 -291 or that a person is feeding only squirrels or birds, other than wild ducks or geese. (e) No person shall be subject to prosecution under Paragraph 4-73 (b)(9) above unless, within one ( 1 ) year immediately preceding the date of the alleged violation, such person has been issued a written warning stating that the feeding of wild geese or ducks at the same approximate location of the alleged offense has been determined by the city's Department ofNatural Resources to constitute a public health and safety concern and that such feeding is prohibited by the provisions of said Paragraph. (f) The provisions of this section shall not apply to animals in the possession and control of the Humane Society or animal shelter, bird rescue or education center licensed or administered by any subdivision of the state or federal government. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D . 2006, and to be presented for final passage on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk Passed and adopted on final reading on the 3rd day of October, A.D . 2006 . Mayor ATTEST : City Clerk