HomeMy WebLinkAboutMINUTES-09/15/1998-RegularSeptember 15,1998
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 15,
1998, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Azari, Byrne, Kneeland, Mason and Smith.
Councilmembers Absent: Bertschy. Wanner arrived at 6:30 p.m.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
Brady Stage, 5221 Griffith Drive, requested a skateboard park.
Adam England, student, requested a larger indoor skateboard park to meet the needs of an increasing
number of skateboarders.
Citizen Participation Follow-up
Councilmember Smith spoke concerning the requests for a skateboard park and noted he has been
working with Poudre School District students and others toward a community -built skateboard park.
The Parks Planning Department is also putting together a grant application to the Great Outdoors
Colorado Foundation for money to build a new skateboard park at the west end of EPIC. He stated
that he will propose some items under Other Business regarding the skateboard park.
Agenda Review
City Manager Fischbach stated that item #28 First Reading of Ordinance No.167,1998, Authorizing
a Rebate of Development Fees Associated with the Construction of a New Manufacturing Facility
for Hewlett-Packard is being withdrawn from the agenda for postponement to October 6.
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CONSENT CALENDAR
7. Second Reading of Ordinance No. 146, 1998 Appropriating Storm Drainage Fund Prior
Year Reserves into the Canal hoortation Basin Capital Project for the Acquisition of Land
and Right -of -Way and the Update of the Canal Importation Master Plan
The Canal Importation Drainage Basin Master Plan identified the need for the establishment
of a drainage channel across the property located on the southeast corner of Prospect Road
and Taft Hill Road currently known as the Kane Property. The purpose of the channel is to
convey stormwater from the outfall of the Fairbrooke Detention Pond, located on the
southwest corner of the intersection, across the Kane Property, and connect into the
previously constructed siphons under the New Mercer Ditch.
The Kane Property consists of three lots totaling approximately 14 acres. There are no
structures on the site, which has several ponds, stands of trees and pasture area. The
Stormwater Utility and the Natural Resources Department have discussed the possibility of
incorporating the proposed channel into a natural area over the past several years, but
negotiations with the property owner have not been successful. However, Natural Resources
and Facilities/Right-of-Way staff have recently successfully negotiated a contract on the
property. Ordinance No. 146, 1998 was unanimously adopted on First Reading on
September 1, 1998.
8. Second Reading of Ordinance No. 147 1998 Appropriating Prior Year Reserves in the
Neighborhood Parkland Fund to be Used for New Park Site Development
Ordinance No. 147, 1998 was unanimously adopted on First Reading on September 1, 1998
and appropriates prior year reserves to be used for new park site development.
9. Second Reading of Ordinance No. 148.1998. Authorizing the Purchasing Agent toEnter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment
Ordinance No. 148, 1998, which was unanimously adopted on First Reading on September
1, 1998, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement
with Safeco Credit Company at 5.14% interest rate. The agreement is for an original term
from the execution date of the agreements to the end of the current fiscal year. The
agreement provides for renewable one-year terns thereafter, for a total term of five (5) years,
subject to annual appropriation of funds needed for lease payments.
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September 15, 1998
10. Items Relating to the Ruff Annexation and Zoning_
A. Second Reading of Ordinance No. 149, 1998, Annexing Property Known as the Ruff
Annexation.
B. Second Reading of Ordinance No. 150, 1998, Amending the Zoning Map of the City
ofFort Collins and Classifying for Zoning Purposes the Property Included in the Ruff
Annexation to the City of Fort Collins, Colorado.
On September 1, 1998, Council unanimously adopted Resolution 98-127 Setting Forth
Findings of Fact and Determinations Regarding the Ruff Annexation and Zoning.
Also on September 1, 1998, Council unanimously adopted Ordinance No. 149 and 150,
1998, which annexes and zones 106.16 acres located on the west side of County Road 9,
south of East Harmony Road, north of County Road 36, and east of Timberline Road. The
property is currently functioning as a homestead and farmland. The requested zoning for this
annexation is LMN - Low Density Mixed Use Neighborhood. The surrounding properties
are zoned RL - Low Density Residential (to the north), FA1- Farming (to the east, in Larimer
County), RL - Low Density Residential (to the west), and FAl - Farming (to the south, in
Larimer County).
11. Second Reading of Ordinance No. 151, 1998, Designating the J. M. Glick House 425 East
Laurel Street Fort Collins. Colorado, as a Historic Landmark Pursuant to Chanter 14 of the
City Code.
The owners of the property, Steven and Pamela hiberg, are initiating this request for Local
Landmark designation for the J. M. Glick House. The building is significant for its
architectural importance, as a good example of Queen Anne architecture in Fort Collins, with
excellent historical integrity. Ordinance No. 151, 1998 was unanimously adopted on First
Reading.
12. Second Reading of Ordinance No. 152, 1998, Designating the Vandewark House and
Garage. 1109 West Oak Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to
Chanter 14 of the City Code.
The owner of the property, Sally Thoms, is initiating this request for Local Landmark
designation for the Vandewark House and Garage. The buildings are significant for their
architectural importance, the house as an excellent example of English Revival architecture
in Fort Collins, with excellent historical integrity; the garage as a contributing structure,
dating to the period of significance. The buildings are also important for their association
with Floyd Vandewark, a prominent Fort Collins businessman. Ordinance No. 152, 1998
was unanimously adopted on First Reading on September 1, 1998.
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September 15, 1998
13. First Reading of Ordinance No. 154, 1998 Aproropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund and Authorizing the Transfer of Appropriations
Between the General Fund and the Art in Public Places Reserve Account in the Cultural
Services and Facilities Fund and Approving the Commission of "Human Spirit"
Fort Collins artist Jack Kreutzer's commemorative sculpture titled "Human Spirit" will
consist of a group of 3 life-sized bronze adult figures holding a child and a dog. The figures
depict a rescue worker along with a man, woman, and child wearing life jackets linking arms
to support one another. This sculpture is about the community's spirit, not only that night,
but during the many days, weeks, and months that followed the Flood of 1997.
A selection subcommittee was comprised of two Art in Public Places Board members;
community members who were involved in the rescue, relief and counseling efforts; a
student and professor from Colorado State University and representatives from the Water
Board and the Parks and Recreation Board. At its August 20, 1998 meeting, the Art in
Public Places Board reviewed and approved the selection of "Human Spirit", as
recommended by the selection subcommittee.
14. Items Relating to Various Lease Agreements
A. First Reading of Ordinance No. 155,1998, Authorizing the City Manager to Execute
a Lease of 400 Wood Street, Fort Collins, Colorado, to Respite Care, Inc., a Non -
Profit Corporation.
B. First Reading of Ordinance No. 156, 1998, Authorizing the City Manager to Execute
a Lease of 906 East Stuart Street, Fort Collins, Colorado, to Sunshine School, a Non -
Profit Corporation.
C. First Reading of Ordinance No. 157,1998, Authorizing the City Manager to Execute
a Lease of City Property in Fort Collins, Colorado, to Crossroads Safehouse, a Non -
Profit Corporation.
The City, with Community Development Block Grant funds, purchased and rehabilitated
facilities for the purposes listed below:
The building at 400 Wood Street was acquired in 1980 and relocated to its
current location to be used as a Respite Care Center. Respite Care is a
service that provides relief for parents of developmentally disabled and
physically handicapped children.
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2. 906 East Stuart Street was purchased for use by the Sunshine School in 1985
to offer child care services with fees to be charged on a sliding scale
according to the income level of the clients.
3. A building was purchased for Crossroads Safehouse in 1980 and an adjacent
building was purchased in 1986 to operate a facility offering shelter and
refuge for women and children due to domestic circumstances.
These buildings have been leased to these organizations since they were purchased and these
ordinances continue the leases for five years with an option to renew for two additional five-
year terns. Each organization pays the City $1.00 per year to lease their facilities. The
continued use of the building is consistent with the CDBG funding objectives and will
benefit low income residents of Fort Collins.
15. First Reading of Ordinance No. 158,1998, Authorizingthe e City Manager to Execute a Lease
of 328 West Mountain Avenue and 108 North Meldrum Street, Fort Collins. Colorado to
Poudre Landmarks Foundation. Inc.. a Colorado Non -Profit Comoration
The City of Fort Collins is the owner of the buildings known as the Avery House located at
328 West Mountain Avenue and the Carriage House located at 108 North Meldrum. The
City and Poudre Landmarks Foundation have been working together since the mid 1970's to
historically restore and renovate the AveryHouse for the benefit and education ofthe citizens
of Fort Collins. The Carriage House was purchased by the City in 1988 and restoration
activities were completed by both the City and Poudre Landmarks Foundation.
Under this Lease Agreement, Poudre Landmarks Foundation will continue to use these
facilities as a house museum which is a conservation area for historic collections, for
displaying certain items of historical interest, and to provide historical education of the Avery
House/Carriage House to the citizens of Fort Collins. Further, the Foundation agrees to
continue, as is financially possible, the restoration activities consistent with the goals and
objectives of historic preservation.
This Lease Agreement continues this long relationship with Poudre Landmarks Foundation
for fifteen years, or until December 31, 2013. The Foundation will pay the City $1.00 per
year to lease the Avery House and the Carriage House.
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16. First Readine of Ordinance No. 159, 1998, Vacating that Portion of Hoffman Mill Road
Right -of -Way as Dedicated in the Cache La Poudre Industrial Park P.U.D. to the East of
Timberline Road.
On June 15,1998, the Citypurchased approximately half of Cache La Poudre Industrial Park
P.U.D. as additions to the Nix, Kingfisher Point, and Cattail Chorus Natural Areas. It was
recognized at the time of purchase that 1.31 acres would be used for the Timberline Road
Extension Project and Engineering would reimburse Natural Resources based upon the
appraised value.
The sellers, Timberline Lakes LLC, intend to develop the retained property consistent with
the existing employment District Zoning Category (E) and to provide buffers between their
development and the natural areas. As part of the agreement with Timberline Lakes LLC,
the City agreed to recommend to Council the vacation of the undeveloped portion of
Hoffinan Mill Road that is east of the newly constructed Timberline Road extension.
The road vacation process was followed and the appropriate departments and agencies were
notified. The only need identified was an assurance that the existing fire hydrant was not
located in this vacated portion of Hoffinan Mill Road. This fire hydrant has already been
relocated to the new Timberline Road right-of-way; therefore, there are no objections to this
vacation. Staff is requesting Council approve this street right-of-way vacation on First
Reading.
17. First Readine of Ordinance No. 160, 1998, Vacating Portions of the Right -of -Way for an
Alley Dedicated in Block 103 of the City of Fort Collins.
Ordinance No. 160, 1998, vacates the alley adjacent to Lot 20 in Block 103 of the City of
Fort Collins. A portion of the alley in this Block was vacated in 1980 and the alley no longer
runs through the block. The area proposed for vacation does have existing utilities and
transports drainage within the right-of-way, therefore at the request of the utilities, the alley
is being retained as a utility and drainage easement. This vacation is being prompted by the
development proposal, in for review with the Current Planning Department, on Lot 20
entitled "Kruger Office Building, (Lot 20 of F.J. Spencer Subdivision)". This proposal
utilizes the alley for access to the adjacent lots, but proposes construction it as a driveway
rather than to current alley standards. Staff does not anticipate a problem with this request,
provided the easements desired by the utilities are retained.
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September 15, 1998
18. First Reading of Ordinance No. 161, 1998, Vacating Portions of the Rights -of -Way for Elk
Road and Otter Drive as Dedicated on the South College Tech Center, First Filing and the
South College Tech Center, Second Filing.
Ordinance No. 161,1998, vacates the street rights -of -way for Elk Drive and Otter Road. The
rights -of -way for these streets are not needed as this area is planned as a business park with
internal drives, not streets. Elk Drive has been built and is planned as an access drive, but
would not be considered a public street. The vacation of these streets was prompted by the
submittal of two development proposals in this area, Horsetooth East Business Park PUD,
2nd Filing and Horsetooth East Business Park PUD, 3rd Filing. Since there are currently
utility and drainage facilities within the street rights -of -way, a utility and drainage easement
will be retained. In addition, an emergency access easement will be retained to provide
emergency access into the site. This will remain until the necessary emergency access
easements are platted and will correspond to the proposed driveways. The existing
emergency access easements will then be vacated as appropriate on the platting property.
19. First Reading of Ordinance No. 162, 1998, Authorizing the Grant of an Easement to New
Mercer Ditch Company for the Relocation of New Mercer Canal Within City Park Nine Golf
Course in Exchange for Abandonment of the Existing Ditch Alignment
The New Mercer Ditch Company has requested relocation of a portion of the New Mercer
Canal within City Park Nine Golf Course. The Ditch Company will abandon and fill in a
portion of the existing canal with the dirt taken from relocated section of the canal. This
project will be an improvement for both the City and the New Mercer Canal which, in its
present location and size, has regularly overflowed. The new canal, without the existing
mammoth curve, will be able to carry more water and more rapidly, and should eliminate
much of the overflow problem and certainly eliminate the flooding which sometimes occurs
on those properties which are adjacent to the New Mercer Canal and on North Mulberry
Street. The Golf Course will also be improved as this project will actually change the
character of the 7th, 8th, and 9th Fairways for the first time in the 58 year existence of City
Park Nine Golf Course. The Golf Board unanimously supports this project, and there were
no negative comments from golfers at a public input meeting held on August 19 at City Park
Nine.
20. Resolution 98-130 Authorizing the Purchasing_ Agent to Enter Into a Professional Services
Agreement With Bondi & Co.. Certified Public Accountants. for Auditing Services for 1999
Renewable for Additional Annual Terms Through 2003.
Article II, Section 17 of the Charter requires the Council to have an annual audit of the
financial transactions of the City. The Colorado local government audit law requires the City
to have an audit and submit it to the state auditor. In addition, a local government that
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September 15, 1998
receives over $300,000 of federal financial assistance (as is the case for the City) must have
an audit performed in accordance with the Single Audit Act of 1993, as amended. The City
meets these requirements when a licensed firm of certified public accountants "signs off' on
the City's audit and issues the proper reports. The auditor selection process was designed
to ensure that the selected firm exceeds the minimum requirements with knowledge and
experience in auditing similar entities.
After completion of the audit, the auditor submits an opinion on the City's financial
statements. The opinion and the financial statements are presented in the comprehensive
Annual Financial Report (CAFR). The report is completed by May 31 and made available
for public distribution after it is printed in June.
21. Routine Deeds and Easements.
A. Deed from The Super Group, Inc., for stormwater detention purposes, Tract A,
Sunstone Village 5th Subdivision P.U.D, located east of Timberline, south of
Caribou Drive, and north of Harmony Road. Monetary consideration: $10.
B. Permanent storm drainage easement dedication from Elmer J. Herbertson, located in
the Herbertson Addition. Monetary consideration: $10.
C. Storm drainage easement dedication from Christopher Koziol and Katherine Woods,
for storm drainage improvements and a stormwater trench, located at 315 South
Sherwood Street. Monetary consideration: $0.
D. Deed of dedication for Tract A, Westbrook P.U.D. from P & B Partnership for the
Storm Regency Channel. Monetary consideration: $0.
E. Easement from Kimberely Jordan and Jeffrey David Lebesch, for a water hydrant and
associated lines located on Dean Drive. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No 146 1998 Appropriating Storm Drainage Fund Prior
Year Reserves into the Canal Importation Basin Capital Project for the Acquisition of Land
and Right -of -Way and the Update of the Canal Importation Master Plan
8. Second Reading of Ordinance No. 147 1998 Appropriating Prior Year Reserves in the
Neighborhood Parkland Fund to be Used for New Park Site Development
Second Reading of Ordinance No. 148,1998, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment
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September 15, 1998
10. Items Relatinja to the Ruff Annexation and Zoning
A. Second Reading of Ordinance No.149,1998, Annexing Property Known as the Ruff
Annexation.
B. Second Reading of Ordinance No. 150,1998, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Ruff
Annexation to the City of Fort Collins, Colorado.
11. Second Reading of Ordinance No. 151, 1998 Designating the J. M. Glick House 425 East
Laurel Street Fort Collins. Colorado, as a Historic Landmark Pursuant to Chanter 14 of the
City Code.
12. Second Reading of Ordinance No. 152, 1998 Designating the Vandewark House and
Garage, 1109 West Oak Street, Fort Collins, Colorado, as a Historic Landmark Pursuant to
Chapter 14 of the City Code.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
13. First Reading of Ordinance No. 154, 1998 Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund and Authorizing the Transfer of Appropriations
Between the General Fund and the Art in Public Places Reserve Account in the Cultural
Services and Facilities Fund and Approving the Commission of "Human Spirit"
14. Items Relating to Various Lease Agreements.
A. First Reading of Ordinance No. 155, 1998, Authorizing the City Manager to Execute
a Lease of 400 Wood Street, Fort Collins, Colorado, to Respite Care, Inc., a Non -
Profit Corporation.
B. First Reading of Ordinance No. 156, 1998, Authorizing the City Manager to Execute
a Lease of 906 East Stuart Street, Fort Collins, Colorado, to Sunshine School, a Non -
Profit Corporation.
C. First Reading of Ordinance No. 157, 1998, Authorizing the City Manager to Execute
a Lease of City Property in Fort Collins, Colorado, to Crossroads Safehouse, a Non -
Profit Corporation.
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September 15, 1998
15. First Reading of Ordinance No. 158,1998, Authorizing the City Manager to Execute a Lease
of 328 West Mountain Avenue and 108 North Meldrum Street Fort Collins Colorado to
Poudre Landmarks Foundation, Inc.. a Colorado Non -Profit Corporation
16. First Reading of Ordinance No. 159, 1998, Vacating that Portion of Hoffinan Mill Road
Right -of -Way as Dedicated in the Cache La Poudre Industrial Park P.U.D. to the East of
Timberline Road.
17. First Reading of Ordinance No. 160, 1998, Vacating Portions of the Right -of -Way for an
Alley Dedicated in Block 103 of the City of Fort Collins
18. First Reading of Ordinance No. 161, 1998, Vacating Portions of the Rights -of -Way for Elk
Road and Otter Drive as Dedicated on the South College Tech Center First Filing and the
South College Tech Center, Second Film
19. First Reading of Ordinance No. 162, 1998, Authorizing the Grant of an Easement to New
Mercer Ditch Company for the Relocation of New Mercer Canal Within City Park Nine Golf
Course in Exchange for Abandonment of the Existing Ditch Alignment
26. Items Relating to the Lincoln Junior High School 1st Annexation
A. First Reading of Ordinance No. 163, 1998, Annexing Property Known as the Lincoln
Junior High School 1 st Annexation.
B. First Reading of Ordinance No. 164, 1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Lincoln Junior High School 1 st Annexation.
27. Items Relating to the Lincoln Junior High School 2nd Annexation
A. First Reading of Ordinance No. 165,1998, Annexing Property Known as the Lincoln
Junior High School 2nd Annexation.
B. First Reading of Ordinance No. 166,1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Lincoln Junior High School 2nd Annexation.
28. First Reading of Ordinance No. 167, 1998, Authorizing a Rebate of Development Fees
Associated with the Construction of a New ManufacturingFacility acility for Hewlett-Packard
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September 15, 1998
Councilmember Byrne made a motion, seconded by Councilmember Mason, to adopt and approve
all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Byrne, Kneeland, Mason and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Smith reported on the Metropolitan Planning Organization's actions concerning the
adoption of 20/20 Regional Transportation Plan and the 3-year Transportation Improvement
Program.
Councilmember Kneeland reported on the Poudre School District Liaison Committee discussions
concerning the Fossil Creek project, a Building Community Choices proposal, and the concealed
weapons issues.
Councilmember Mason reported that the"Finance Committee has discussed the proposed spending
of 1997 TABOR overages for transportation needs, the sales and use tax year-to-date report, the City
Manager's recommended 1999 budget adjustments, the Richard's Lake Metropolitan District, and
the Hewlett-Packard development fee rebate.
Mayor Azari introduced Boy Scout Troop #285, which is working on a citizenship and community
badge.
("Secretary's Note: Councilmember Warmer arrived at 6:30 p.m.)
Consideration of the Appeal of the July 16,1998
Decision of the Planning and Zoning Board to Deny the Harmony
Ridge PUD, Phase One - Final, Decision of the Planning and Zoning Board Overturned
The following is staff s memorandum on this item.
"Executive Summary
On July 16, 1998, the Planning and Zoning Board denied the Harmony Ridge PUD, Phase One -
Final for 130 residential dwelling units (15 single family lots and 115 townhomes) on 29.00 acres.
The property is zoned LMN - Low Density Mixed Use Neighborhood (as of the effective date of
March 28, 1997 for the new Land Use Code). The site is located south of the existing 'old " West
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Harmony Road, south of the Overlook at Woodridge (Filing One) and the Arapahoe Farm
Townhomes, west of the Ridge PUD, and north and east of the Cathy Fromme Prairie Natural Area.
On July 30, 1998, a Notice of Appeal was received by the City Clerk's office regarding the decision
of the Planning and Zoning Board. An Amended Appeal was received by the City Clerk's office on
August 31, 1998. In the Notice of Appeal from the Appellants G. D. McGarvey, Lee A. Stark, and Joe
Vansant, it is alleged that the Planning and Zoning Board failed to properly interpret and apply
relevant provisions of the Code and Charter.
The attached documents include:
• the Notice of Appeal (dated and received July 30, 1998)
• the Amended Appeal (dated and received August 31, 1998)
• Staff report, with recommendation, to the Planning and Zoning Board for its July 16, 1998
Public hearing
• the City Staff response to the appeal
• Minutes ofthe Meeting Before the Planning and ZoningBoard held Thursday, July 16,1998
The procedures for deciding the appeals are described in Chapter 2, Article II, Division 3 of the City
Code. "
Steve Roy, City Attorney, presented an overview of the process for hearing the appeal and the
options available to Council in making a decision.
Mayor Azari established a twenty -minute time limit each for proponents and opponents ofthe appeal
and ten minutes for rebuttal for each side.
Steve Olt, Project Planner, gave an overview of the Harmony Ridge P.U.D. Phase I development
plan and described the surrounding area. On July 16, 1998, the Planning and Zoning Board denied
the plan, citing a determination that the plan did not meet all development criteria and concerns
about safety associated with the design of two proposed private streets, a deficiency of
bicycle/pedestrian connections from the development to the intersection of West Harmony Road and
South Shields Street, and the impacts of this development on that intersection. A notice of appeal
of the Board's decision was filed on July 30,1998, citing the allegation that the Planning and Zoning
Board failed to properly interpret and apply relevant provisions of the Code and Charter. Olt showed
slides depicting the proposed development area and the surrounding area.
Councilmember Smith asked for clarification concerning the location of nearby schools and
proposed bicycle/connections. Olt noted the location of Webber Junior High School and Johnson
Elementary School on the west side of Seneca Street and described the proposed bicycle/pedestrian
connections in the development.
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Lucia Liley, 110 East Oak Street, attorney representing the owners, stated that the Planning and
Zoning Board denial ofthe development creates a hardship for the property owners, who have owned
the property since the early 1960's. She stated that the preliminary plan was approved by the
Planning and Zoning Board with six conditions, which the property owners worked to resolve prior
to consideration of the final plan by the Planning and Zoning Board. The unexpected denial of the
final plan by the Board was based on three technical issues rather than neighborhood compatibility
or environmental issues. The property owners are not unwilling to look at solutions to the three
technical issues, and the property owners are Council to consider fairness in process issues for this
final P.U.D. plan, since the owners had every reason to believe going into the hearing that they had
met all of the City's requirements and had obtained staff and neighborhood support. Rather than
being based on fundamental land use problems, the denial was based on three technical issues. First,
Chokecherry Street did not meet City approach grade standards. Liley stated that the transcript
appears to indicate P&Z Board confusion concerning the grade deviation, and the Traffic Engineer
was never asked his opinion concerning the safety of Chokecherry. If it is determined that there are
safety issues for this street, the owners are willing to convert the street to a public street and meet
all grade requirements. The second issue related to the lack of a continuous lane for
pedestrian/bicycle access to the Harmony and Shields intersection. Liley stated that there are
numerous trail connections in the proposed development, and there was no reference during
preliminary plan approval to the inadequacy of pedestrian/bicycle lanes. She stated that the property
owners are willing to provide a continuous connection to the intersection. The third issue related
to the Harmony/Shields intersection. Liley noted that Traffic Engineering recommended approval
of the project, and rather than continuing the hearing to obtain additional information concerning
planned capital improvements in that area, the Board concluded that there will be no improvements
in the long range future. If Council determines that these three technical issues are a concern, they
can be addressed through simple modifications to the conditions. Liley emphasized the financial and
contractual consequences to the owners if the P&Z Board denial is allowed to stand and stated that
the project is caught in the transition between land use systems.
Lee Stark, 1803 North Garfield, Loveland, property owner, spoke concerning the timeliness and
history of the proposed development.
G.D. McGarvey, 931 Poudre Canyon Highway, Bellvue, property owner, spoke in support of the
project and asked Council to reconsider the decision of the Planning and Zoning Board.
Joe Vansant, P.O. Box 98, Fort Collins, project designer, presented computer simulations prepared
by EDAW to depict the proposed development, spoke concerning the work that was done with
Natural Resources staff, and described trail and bike lane connections.
Ken Lamport, 4701 Chippendale, supported the development project and spoke concerning the
neighborhood involvement in the review process.
Lucia Liley presented a letter from an adjacent property in support of the project.
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Councilmember Kneeland asked about the road safety issues. Dave Stringer, Development Review
Manager, spoke concerning the approach grade design and the City standards and noted that the City
approved a private street.
Councilmember Byrne asked about the differences in street standards and the grade for Chokecherry.
Stringer spoke concerning street and grade standards.
Mayor Azari asked if street layouts are approved during preliminary plan review. Stringer stated that
the final street design is reviewed as part of the final plan.
Councilmember Mason asked about the safety of Chokecherry and asked if the City's review criteria
applies to both public and private streets. Eric Bracke, Traffic Engineer, stated that safety is a
consideration for both public and private streets. Stringer stated that Chokecherry did not fit the
City's standards for approach grades. Bracke stated that Chokecherry would be relatively safe
because it is a short segment of roadway, speeds would be extremely low, and the traffic volume
would be fairly light.
Councilmember Smith asked about the safety of the Chokecherry grade during winter driving
conditions. Stringer spoke concerning grade standards.
Councilmember Mason asked about the realignment of Harmony and the increased risk during icy
conditions at the Harmony/Taft Hill intersection.
Mayor Azari asked about the discussions concerning privatization of the street. Stringer spoke
concerning the discussions concerning making this a private versus public street and topographical
constraints to changing the grade to meet City standards.
Councilmember Mason noted that Ms. Liley had indicated that the developer would be willing to
submit to the request to make this a public street built to City standards. He asked about the
inclusion of sidewalks and bicycle lanes on the adjacent arterial street. Stringer stated that the
pedestrian/bicycle connections under discussion are those to Shields Street along Harmony Road,
and noted that because this is a LDGS project the City can not require those off -site improvements.
Councilmember Kneeland asked about the topographical features that make it difficult to build the
street to City standards. Joe Vansant, project designer, spoke concerning design difficulties for
Chokecherry and stated that the street is required for emergency access.
Councilmember Mason asked about the final review process. Olt spoke concerning the process
followed in final review and noted that the Planning and Zoning Board has expressed a general
concern regarding private streets.
Mayor Azari asked about how addresses are assigned on private streets.
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Councilmember Mason asked about the willingness of the developer to provide pedestrian and
bicycle path access. Ms. Liley stated that there is an 800 foot gap on the north side of Harmony
Road adjacent to a development with dedicated right-of-way, and the developer is willing to
complete that 800 feet to provide a continuous half -mile to the intersection.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to overturn the
decision of the Planning and Zoning Board and to approve the P.U.D. as proposed.
Councilmember Mason requested a staff recommendation concerning a solution for the technical
issues relating to Chokecherry.
Bob Blanchard, Director of Current Planning, asked for clarification concerning the intent of the
motion.
Councilmember Kneeland commented that the design ofthe project appears to work toward meeting
multiple values and addressing some of the concerns and the intent of her motion is to reinstate the
P.U.D. as originally proposed to the Planning and Zoning Board.
Bracke recommended that Chokecherry become a public street.
Councilmember Mason spoke in favor of adding a condition that the applicant finish the 800 feet of
pedestrian/bicycle lane on the north side of Harmony Road to provide a direct connection to existing
infrastructure.
Councilmember Byme made a motion to add a condition to design Chokecherry to be in compliance
with the standards for public streets.
THE MOTION WAS ACCEPTED AS A FRIENDLY AMENDMENT TO THE MOTION ON THE
FLOOR.
Councilmember Mason made a motion to add a condition that the applicant finish the 800 foot gap
of bicycle and pedestrian lanes on the north side of Harmony Road.
THE MOTION FAILED FOR LACK OF A SECOND.
Councilmember Mason stated he would not support the motion because of concerns regarding
pedestrianibicycle connections.
Councilmember Wanner spoke concerning basic fairness to the applicant and noted that the City
does not have the right to ask that the bicycle/pedestrian lanes be completed in this case.
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September 15, 1998
The vote on Councilmember Kneeland's motion to overturn the decision of the Planning and Zoning
Board as amended by the inclusion of a condition to design Chokecherry to be in compliance with
the standards for public streets was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland,
Smith and Wanner. Nays: Councilmember Mason.
THE MOTION CARRIED.
Items Relating to the Lincoln Junior
High School 1st Annexation Adopted
The following is staff s memorandum on this item.
"Executive Summary
A. Resolution 98-131 SettingForth Findings ofFact andDeterminations Regarding the Lincoln
Junior High School 1st Annexation.
B. First Reading of Ordinance No. 163, 1998, Annexing Property Known as the Lincoln Junior
High School 1st Annexation.
C. First Reading of Ordinance No. 164, 1998, Amending the Zoning District Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lincoln
Junior High School 1st Annexation.
This is a 100% voluntary annexation of an area approximately 1.89 acres in size and is located on
West Vine Drive, between North Shields Street and North Taft Hill Road. The proposed Lincoln
Junior High School IstAnnexation consists entirely ofright-of-way along Vine Drive. Theproperty
has 904. 00feet of its total boundary length of5, 419.13 feet (17%) contiguous to existing City limits.
This exceeds the minimum 903.13 feet required to achieve 1/6th contiguity.
The proposed zoning for the Lincoln Junior High School 1st Annexation is UE-UrbanEstate. The
recommended zoning is consistent with City Plan Principles and Policies for the Urban Estate
district, and complies with the designation on the City Structure Plan.
APPLICANT: Poudre School District
OWNER: Poudre School District
An error occurred in notification of affected property owners prior to the Planning and Zoning
Board hearing that was held on April 16, 1998. Thus, staff recommended to the City Council that
the item be remanded to the Board for further review. The proposed annexation was reviewed by
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September 15, 1998
the Planning and Zoning Board on July 16, 1998. The decision at that hearing was to forward a
recommendation of denial to the City Council.
BACKGROUND:
The Poudre School District submitted a written petition requesting a 100% voluntary annexation
of approximately 1.89 acres in size and is located on West Vine Drive, between North Shields Street
and North Taft Hill Road. The proposed annexation consists entirely of right-of-way along Vine
Drive.
This is a voluntary annexation, located within the Urban Growth Area of the City of Fort Collins.
The City may annex property located within the Urban Growth Area Boundary, provided that the
property has 1/6th contiguity with the existing City boundary. The proposed Lincoln Junior High
1st Annexation complies with this requirement. Theproperty has 904. 00feet of its total boundary
length of 5,419.13 feet (17%) contiguous to existing City limits. This exceeds the minimum 903.13
feet required to achieve 1/6th contiguity.
The contiguity to existing City limits is gained from the following common boundaries:
S: Northside Baptist Church Annexation
N: Granada Heights Annexation
The Annexation of the Lincoln Junior High School is being accomplished through sequential
annexations in order to gain the required 116th contiguity to existing City limits. The Lincoln Junior
High School 1st Annexation is the first of two annexations regarding the Lincoln Junior High
School.
According to policies and agreements between the City of Fort Collins and Larimer County
contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City
will consider the annexation ofproperty in the Urban Growth Area when the property is eligible for
annexation according to State law. The resolution initiating annexation proceedings was adopted
by City Council on August 4, 1998.
The Poudre School District indicated that it is seeking annexation for two reasons. First, the school
currently is served by Public Service for electricity needs. If the annexation is approved, the
provider becomes the City of Fort Collins Light and Power Utility; and this entity would provide
service that is more cost-effectivefor the Poudre School District. Second, ifthe Lincoln Junior High
School is located within the City limits, the school receives police protection from the City of Fort
Collins Police Department and may participate in various programs offered by the Police.
Currently, Lincoln Junior High School contacts the Lorimer County Sheriff in cases of emergency.
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September 15, 1998
Existing Zoning
The surrounding zoning and land uses are as follows:
N.• FA -Farming (County zoning) -large lot residential
S: FA -Farming (County zoning) -existing single-family residential
E: FA -Farming (County zoning) -existing single-family residential (Granada Heights)
W.• FA -Farming (County zoning) -large lot residential
All commercial signs on the property will have to conform to the City's Sign Code at the conclusion
of a five (5) year amortization period (the year 2003).
Proposed Zoning
The proposed zoning for the Lincoln Junior High School 1st Annexation is the UE-Urban Estate
zone district. The purpose of the UE zone is described in the Land Use Code as being:
"intended to be a setting for a predominance of low -density and large -lot housing. The main
purposes of this district are to acknowledge the presence of the many existing subdivisions
which have developed in these uses that function as parts of the community and to provide
additional locations for similar development, typically in transitional locations between
more intense urban development and rural or open lands. "
Public and private schools for elementary, intermediate and high school education are permitted
uses in the UE zone district. The proposed zoning is consistent with City Plan and the designation
on the City Structure Plan.
Compliance with State Law
The annexation has 17% of its perimeter boundary contiguous with existing City limits, which
complies with the minimum 1/6th contiguity as required by State law.
Issues Raised by the Neighborhood
Several issues were raised by affected property owners at the Planning and Zoning Board hearing
on April 16, 1998, as well as the neighborhood meeting held on June 10, 1998. This issues included
the following: possible increases to property taxes, who would be responsible for the maintenance
and improvements to roads, zoning and land use restrictions placed on their properties as a result
of the proposed annexation, and any impacts to existing covenants.
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September 15, 1998
Possible Increases to Property Taxes:
The property taxes for those individuals living adjacent to and in the vicinity of the proposed
annexation will not increase as a result of the Annexation. The annexation does not include any
property other than the school and road ROW. Therefore, the annexation changes the political
boundary for these two areas and does not include any of the adjoining neighbors.
Maintenance and Improvements to Road:
Currently, portions of Vine Drive are maintained by the City of Fort Collins, and theROWproposed
by the annexation would be maintained by the City as well. Any additional improvements to the
road system would most likely be the responsibility ofa developer and/or the City. This annexation
will have no impact to streets not located within the proposed annexation. Therefore, the privately
owned streets in the vicinity will remain privately -owned and will continue to be maintained and a
responsibility of any homeowner's associations.
Zoning and Land Use Restrictions:
Any action by the City of Fort Collins regarding the Lincoln Junior High School 1st and 2nd
Annexations and Zonings do not result in a change in zoning for properties not included with these
two annexations. Land outside of the proposed annexations and zoning will remain in the County
subject to County zoning regulations. Therefore, farming and related activities may continue. Ifthe
property owners in the vicinity were to desire to voluntarily annex, the property most likely would
be zoned as follows: to the north of Vine Drive— UE-Urban Estate; and the south of Vine Drive--
LMN-Low Density Mixed -Use Neighborhood.
Existing Covenants:
The question as to whether the proposed Annexation would dissolve the existing covenants was
raised. Theproposed Annexation will have no impact on the existing covenants. The homeowner's
association enforces the covenants and the City only enforces zoning regulations.
PLANNING AND ZONING BOARD RECOMMENDATION:
On July 16, 1998, the Planning and Zoning Board voted 3-2 to recommend denial of the proposed
Lincoln Junior High School ]stand 2nd Annexations to the City Council. Rationale put forth by
members ofthe Planning and Zoning Board for a recommendation ofdenial included the following
reasons:
the increased costs to maintain roadways that the City would absorb as a result of the
annexations; and
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September 15, 1998
2. the increased costs to maintain portions of Vine Drive outweighed the community benefit of
the proposed school annexations.
The issues raised during the public input portion ofthe hearing were very similar to earlier concerns
voiced by members of the neighborhood and included the following:
the neighborhood was never contacted when the Poudre School District installed the
ballfields and the fence and they are concerned about the possibility of lighting;
2.. how does the annexation impact the current study that being completed by the City and the
County regarding the West Vine Drainage Basin; and
3. will the annexation result in immediate improvements to Vine Drive.
STAFF RECOMMENDATION:
Staff recommends approval of the Lincoln Junior High School I st Annexation with a zoning of UE-
Urban Estate zone district, which is consistent with the adopted City Plan. "
Leanne Harter, Project Planner, presented an overview of the Lincoln Junior High School 1 st and
2nd Annexations and explained the proposed zoning for the annexations. She highlighted and
addressed issues identified at a neighborhood meeting held on June 10, 1998 and stated that the
Planning and Zoning Board voted 3-2 on July 16, 1998 to recommend denial of the annexations.
Staff is recommending approval of the annexations.
Councilmember Smith noted that annexation of street right-of-way can not create an enclave. Harter
described the enclaves that would be created by the annexations.
Councilmember Mason asked about the City's annexation policy. Harter stated that the
intergovernmental agreement with the County specifies that properties will be considered for
annexation as they become eligible for annexation as an enclave or through one -sixth contiguity.
Councilmember Mason asked about street maintenance responsibility for the portion of Vine to be
annexed and if it would be added to the Master Street Plan. City Manager Fischbach stated that the
City currently maintains portions of Vine pursuant to an agreement with the County. Dave Stringer,
Development Review Manager, described the street maintenance that would be required and stated
that the annexed portion of street would be an arterial street in the Master Street Plan.
Councilmember Byrne noted that the annexations are voluntary and the school district wants to
annex for health and safety reasons. City Manager Fischbach stated that a County School Resource
Officer is currently stationed at Lincoln Junior High School and the annexation would allow a City
SRO to serve at the school instead.
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September 15, 1998
Ron Daggett, Poudre School District, presented reasons for the annexation request, including having
utility improvements and calls answered by the City police instead of the Sheriff's department. He
noted that Fort Collins youth baseball is a primary user of the field at Lincoln Junior High School.
Councilmember Mason asked about ballfield lighting. Mr. Daggett stated that the School District
has no plans to light the ballfields at the school.
Councilmember Smith commented that any modifications to the property would have to complywith
the City's development process if the property is annexed.
Councilmember Mason asked if Light and Power is restricted to selling power in the City limits.
Paul Eckman, Deputy City Attorney, spoke concerning utility issues.
Councilmember Mason spoke concerning the possibilityof the School District making arrangements
for City police to patrol a school outside the City limits without being annexed and asked about
whether the School District could make and enforce anti -smoking rules without being in the City.
Mr. Daggett spoke concerning current smoking rules and regulations.
Cleo Schultz, 1705 West Vine Drive, opposed the annexation and expressed concerns regarding the
possibility of ballfield lighting, increased traffic, and communication towers.
Lynn Demaranville,1529 West Vine Drive, spoke regarding safety concerns and long term planning.
Don Mallett, 1742 West Vine Drive, opposed the annexation.
Joanne Demaranville, 1529 West Vine Drive, spoke regarding drainage concerns.
Joy Schultz, 1705 West Vine Drive, opposed the annexation.
Derrick Wika, owner of 1435 West Vine Drive, spoke concerning drainage issues.
Councilmember Byrne asked about flooding on West Vine and the potential impact if this property
is annexed. Harter stated that there is a joint City/County West Vine Drive drainage basin plan in
process that came out of last year's flooding, and the annexation itself would not impact the
completion of that study.
Bob Smith, Stormwater Utility Manager, spoke regarding the drainage concerns on West Vine Drive.
Councilmember Kneeland asked how the annexation would affect ballfield lighting and
communication towers. Harter stated that a site plan advisory review would be required for
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September 15, 1998
construction of communication towers whether the property is in the City or not and that the City's
policy is more stringent.
Councilmember Mason expressed concern about maintenance of County roads by the City. City
Manager Fischbach spoke concerning road maintenance trades between the City and County.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Resolution
98-131.
Councilmember Kneeland noted that the Poudre School District Liaison Committee has discussed
this annexation.
The vote on Councilmember Byrne's motion was as follows: Yeas Councilmembers Azari, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 163, 1998 on First Reading.
Councilmember Mason stated he did not see a clear public good for this annexation and expressed
concern about road maintenance obligations that would be incurred with the annexation.
Mayor Azari supported the annexation and spoke concerning the changing neighborhoods on West
Vine Drive.
The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari, Byrne,
Kneeland, Smith and Wanner. Nays: Councilmember Mason.
THE MOTION CARRIED.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 164, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
NOUNS UNCOR►K a t : I D
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September 15, 1998
Items Relating to the Lincoln
Junior High School 2nd Annexation Adopted
The following is staffs memorandum on this item.
"Executive Summary
A. Resolution 98-132 Setting Forth Findings of Fact and Determinations Regarding the
Lincoln Junior High School 2nd Annexation.
B. First Reading of Ordinance No. 165, 1998, Annexing Property Known as the Lincoln Junior
High School 2nd Annexation.
C. First Reading of Ordinance No. 166, 1998, Amending the Zoning District Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lincoln
Junior High School 2nd Annexation.
This is a 100% voluntary annexation of an area approximately 48.7 acres in size and is located on
West Vine Drive, between North Shields Street and North Taft Hill Road. The existing use of the
property is a junior high school. The property has 2,899.84 feet of its total boundary length of
14,692.19 feet (2001o) contiguous to existing City limits. This exceeds the minimum 2,448.70 feet
required to achieve 116th contiguity.
The proposed zoning for the Lincoln Junior High 2nd Annexation is UE-Urban Estate. The
recommended zoning is consistent with City Plan Principles and Policies for the Urban Estate
district, and complies with the designation on the City Structure Plan.
APPLICANT Poudre School District
OWNER: Poudre School District
An error occurred in notification of affected property owners prior to the Planning and Zoning
Board hearing that was held on April 16, 1998. Thus, staff recommended to the City Council that
the item be remanded to the Board for further review. The proposed annexation was reviewed by
the Planning and Zoning Board on July 16, 1998. The decision at that hearing was to forward a
recommendation of denial to the City Council.
9111
September 15, 1998
BACKGROUND:
The Poudre School District submitted a written petition requesting a 100% voluntary annexation
ofapproximately 48.7 acres in size and is located on West Vine Drive, between North Shields Street
and North Taft Hill Road. The existing use of the property is a junior high school.
This is a voluntary annexation, located within the Urban Growth Area of the City of Fort Collins.
The City may annex property located within the Urban Growth Area Boundary, provided that the
property has 1/6th contiguity with the existing City boundary. The proposed Lincoln Junior High
2nd Annexation complies with this requirement. The property has 2,899.84 feet of its total
boundary length of 14,692.19 feet (2001o) contiguous to existing City limits. This exceeds the
minimum 2,448.70 feet required to achieve 1/6th contiguity.
The contiguity to existing City limits is gained from the following common boundaries:
S: Lincoln Junior High 1st Annexation
N.• Lincoln Junior High 1st Annexation
The annexation of the Lincoln Junior High School is being accomplished through sequential
annexations in order to gain the required l/6thcontiguity toexisting City limits. The Lincoln Junior
High School 2nd Annexation is the second of two annexations regarding the Lincoln Junior High
School.
According to policies and agreements between the City of Fort Collins and Larimer County
contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City
will consider the annexation ofproperty in the Urban Growth Area when the property is eligible for
annexation according to State law. The resolution initiating annexation proceedings was adopted
by City Council on August 4, 1998.
The Poudre School District indicated that it is seeking annexation for two reasons. First, the school
currently is served by Public Service for electricity needs. If the annexation is approved, the
provider becomes the City of Fort Collins Light and Power Utility; and this entity would provide
service that is more cost-effectivefor the Poudre School District. Second, ifthe Lincoln Junior High
School is located within the City limits, the school receives police protection from the City of Fort
Collins Police Department and may participate in various programs offered by the Police.
Currently, Lincoln Junior High School contacts the Lorimer County Sheriff in cases of emergency.
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September 15, 1998
Existing Zoning
The surrounding zoning and land uses are as follows
N: FA -Farming (County zoning) -large lot residential
S: FA -Farming (County zoning) -existing single-family residential
E: FA -Farming (County zoning) -existing single-family residential
(Granada Heights)
W.• FA -Farming (County zoning) -large lot residential
All commercial signs on the property will have to conform to the City's Sign Code at the conclusion
of a five (5) year amortization period (the year 2003).
Proposed Zoning
The proposed zoning for the Lincoln Junior High School 2nd Annexation is the UE-Urban Estate
zone district. The purpose of the UE zone is described in the Land Use Code as being:
"intended to be a settingfor a predominance oflow-density and large -lot housing. The main
purposes of this district are to acknowledge the presence of the many existing subdivisions
which have developed in these uses that function as parts of the community and to provide
additional locations for similar development, typically in transitional locations between
more intense urban development and rural or open lands. "
Public and private schools for elementary, intermediate and high school education are permitted
uses in the UE zone district. The proposed zoning is consistent with City Plan.
Compliance with State Law
The annexation has 20% of its perimeter boundary contiguous with existing City limits, which
complies with the minimum 1/6th contiguity as required by State law.
Issues Raised by the Neighborhood
Several issues were raised by affected property owners at the Planning and Zoning Board hearing
on April 16,1998. In addition, a neighborhood meeting was held on June 10, 1998, and the meeting
minutes are attached. The issues raised at both meetings included thefollowing: possible increases
to property taxes, who would be responsible for the maintenance and improvements to roads, zoning
and land use restrictions placed on their properties as a result of the proposed annexation, and any
impacts to existing covenants.
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September 15, 1998
Possible Increases to Property Taxes:
The property taxes for those individuals living adjacent to and in the vicinity of the proposed
annexation will not increase as a result of the annexation. The annexation does not include any
property other than the school and road ROW. Therefore, the annexation changes the political
boundary for these two areas and does not include any of the adjoining neighbors.
Maintenance and Improvements to Road:
Currently, portions of Vine Drive are maintained by the City ofFort Collins, and the ROWproposed
by the annexation would be maintained by the City as well. Any additional improvements to the
road system would most likely be the responsibility of a developer and/or the City. This annexation
will have no impact to streets not located within the proposed annexation. Therefore, the privately -
owned streets in the vicinity will remain privately -owned and will continue to be maintained and a
responsibility of any homeowner's associations.
Zoning and Land Use Restrictions:
Any action by the City of Fort Collins regarding the Lincoln Junior High School 1st and 2nd
Annexations and Zonings do not result in a change in zoningforproperties not included with these
two annexations. Land outside of the proposed annexations and zoning will remain in the County
subject to County zoning regulations. Therefore,farmingand related activities may continue. Ifthe
property owners in the vicinity were to desire to voluntarily annex, the property most likely would
be zoned as follows: to the north of Vine Drive--UE-Urban Estate; and the south of Vine Drive--
LMN-Low Density Mixed -Use Neighborhood.
Existing Covenants:
The question as to whether the proposed annexation would dissolve the existing covenants was
raised. The proposed annexation will have no impact on the existing covenants. The homeowner's
association enforces the covenants and the City only enforces zoning regulations.
PLANNING AND ZONING BOARD RECOMMENDATION:
On July 16, 1998, the Planning and Zoning Board voted 3-2 to recommend denial of the proposed
Lincoln Junior High School 1st and 2nd Annexations to the City Council. Rationale put forth by
members of the Planning and Zoning Board for a recommendation ofdenial included the following
reasons:
1. the increased costs to maintain roadways that the City would absorb as a result of the
annexations; and
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September 15, 1998
2. the increased costs to maintain portions of Vine Drive outweighed the community benefit
of the proposed school annexations.
The issues raised during the public inputportion ofthe hearing were very similar to earlier concerns
voiced by members of the neighborhood and included the following:
the neighborhood was never contacted when the Poudre School District installed the
ballfields and the fence and they are concerned about the possibility of lighting;
2. how does the annexation impact the current study that being completed by the City and the
County regarding the West Vine Drainage Basin; and
3. will the annexation result in immediate improvements to Vine Drive.
STAFF RECOMMENDATION:
Staff recommends approval oftheLincoln Junior High School2ndAnnexation with a zoning of UE-
Urban Estate zone district, which is consistent with the adopted City Plan. "
Leanne Harter, Project Planner, described the proposed annexation.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Resolution
98-132. The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland,
Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 165, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Byrne, Kneeland, Smith and Wanner. Nays: Councilmember Mason.
THE MOTION CARRIED.
Councilmember Byrne made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 166, 1998 on First Reading.
Councilmember Mason asked why the property must be zoned when there is already an existing use.
Blanchard stated that all property within the City must have a zoning designation.
Councilmember Byrne spoke concerning the School District's increasing problems with vandalism.
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September 15, 1998
Councilmember Mason stated that the advantage of these annexations is the savings in tax dollars
for utilities for the school and noted vandalism problems at schools located in the City.
Mayor Azari spoke concerning the mixed uses in the West Vine Drive neighborhoods and the
transitional nature of the areas on the west side of the community.
The vote on Councilmember Byrne's motion was as follows: Yeas: Councilmembers Azari, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 98-133
Conditionally Approving the Service Plan
for Richards Lake Metropolitan District Postponed to 9/22/98
City Manager Fischbach asked for Council input concerning whether the item is ready for Council
review.
Gary White, attorney for the applicant, spoke regarding timing concerns for placement of the matter
on the November 3 election.
City Attorney Roy stated that Council would have absolute discretion to approve or disapprove any
proposed amendments to the service plan at a future meeting.
Councilmember Byrne stated that this matter has not been discussed in a broad context, and there
needs to be a deliberate discussion of the long term impacts and public benefit.
Councilmember Wanner stated the need for the developer to understand that this may turn out to be
an opportunity cost.
Councilmember Kneeland spoke concerning the need for a full discussion of the matter prior to
Council consideration.
Councilmember Mason supported having more discussion prior to Council consideration.
Mr. White stated that the applicant is asking that Council allow this to go forward as a matter of
procedure to allow the applicant to go to District Court to hold the election and then to come back
before Council next spring for full consideration of the policy issues reflected by the request.
Councilmember Byrne commented that he is uneasy with a conditional approval, which indicates
a certain commitment to proceed.
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September 15, 1998
Scott Price, representing the applicant Wintergreen Homes, stated that the applicant understands
clearly that this procedural step is intended to preserve time, and conditional approval does not imply
endorsement for a special district.
Councilmember Kneeland made a motion, seconded by Councilmember Mason, to postpone
consideration of Resolution 98-133 to September 22, 1998 following review by the Growth
Management Committee and the Finance Committee. The vote on the motion was as follows: Yeas:
Councilmembers Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No.168,1998,
Amending Chapter 26 of the City Code Relating
to the Fees of the Stormwater Utility, Adopted on First Reading
The following is staffs memorandum on this item.
"Financial Impact
The monthly capital stormwater fee for an 8,600 square foot lot with a light runoff coefficient
(referred to herein as an equivalent residential unit or "ERU') would increase from the present
$3.58 per month to $4.41 per month for basins with adopted Master Plans. For basins where no
Master Plans have been adopted (Cooper Slough, Poudre River, and Boxelder Creek Basins) the fee
would also be $4.41 per ERU. Customers in these basins are not currently charged a monthly
capitalfee. The monthly operations and maintenance (O &M) stormwaterfee, would increasefrom
the present $2.01 per month per ER Uto $2.35 per month. All City customers are presently charged
a monthly O & M fee. These fees increases are expected to generate $555,000 and $231,000,
respectively of monthly capital and O & Mfees in 1999.
Executive Summary
It has now been a year since the Flood of 1997 devastated many parts of Fort Collins. During the
time since the flood, City Utilities staff has received a great deal of input from citizens concerned
about the level offloodprotection and the timing ofthe construction ofthe improvements within the
City. As a result of that input, staff worked with the Water Board to study the problem and develop
a financing and improvement plan that will meet the City's needs. At its regular monthly meeting
on May 27, the Water Board adopted an approach to improvements and funding for
recommendation to Council. At its July 28th Study Session, Council provided guidance to staff to
bring forward an ordinance to increase monthly stormwater fees which is the first step in
implementing a City-wide approach to financing and constructing needed stormwater improvements.
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September 15, 1998
BACKGROUND:
The City's Stormwater Utility was formed in 1980 for the purpose of constructing improvements in
the City's various storm drainage basins to provide 100 year flood protection for property within
those basins. The Utility is funded from three sources: (1) a monthly O & Mfee to cover the cost of
ongoing storm drainage operation and system maintenance; (2) a storm drainage basin fee,
collected at the time ofbuildingpermit issuance, which is used to construct improvements and offset
the impact that a particular property has on the storm drainage system; and (3) a monthly capital
fee which is the primary funding source for storm drainage capital improvements. Since 1988,
municipal bond financing has also been used to construct many of the storm drainage improvements.
Stormwater improvements are planned based on Master Plans which are adopted for each basin.
Capital fees for three basins were adopted in 1982, an additional five basins were added in 1983,
and two other basins have been added since that time. Over the years, each basin has been managed
as a separate project that is, basin fees and monthly capital revenues of a particular basin are used
to construct improvements within that basin.
In 1988, monthly capital fees were capped at $3.58 per month ($42.96/year) for each ERUwithin
the City. As stated above, an ERUis a single family residential lot of 8, 600 square feet. Actual fees
for each lot are based on that lot's impervious area, lot size, and the basin in which that lot is
located. The fee amount has always been calculated separately for each basin based on
improvements to be constructed and started out much lower than the cap amount. As of 1997, the
monthly capital fee had reached the $3.58 cap in each of the basins for which Master Plans have
been adopted.
In looking at the overall storm drainage system, staff determined that there are two "hot spots"
which are in need ofsignificant improvements in order to provide adequate flood protection. These
are the Canal Importation Basin and the Old Town Basin. Based on current engineering estimates,
$23.6 million is needed to construct the needed improvements for Canal Importation and $14.3
million is needed for Old Town.
Staff and the Water Board looked at several alternatives to finance and construct the needed "hot
spot" improvements. After much deliberation, an approach was formulated which would eliminate
the current basin -by -basin philosophy in favor of a city-wide concept. At its May 27 meeting, the
Water Board voted 8-1 to recommend this approach to Council.
In the past, each storm drainage basin has been managed as a separate project. However, this is
inconsistent with how all other utility services are managed. For example, water, wastewater, and
electric rates are consistent city-wide no matter how close they are to the treatment plants or
substations.
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Staff and the Water Board developed an approach whereby prioritization of storm drainage
improvements and financing of these projects would be handled through a combination of debt
financing and pay -as you -go. This approach would provide for a 15 year construction schedule for
completing all remaining improvements in basins with adopted Master Plans. Fees to cover
construction costs under this approach would be $4.41 per ERU per month beginning with
November 1998 billings and are projected to go to $5.25 per month beginning in 2002. In addition,
monthly O & MFees would need to be increased by $0.34- from the current monthly rate of $2.01
per ER Uto $2.35--to cover administrative costs which were previously borne by the monthly capital
fee. For most basins, combined monthlyfeesunder this approach wouldgofrom$5.59to$6.76—an
increase of 21 %.
The Stormwater Utility is currently in the process of conducting a precipitation study which will
assess the need to revise the rainfall amounts which are used to design the City's drainage projects.
Depending on the study results, the City's design criteria may have to be changed which could have
a significant impact on the cost offuture drainage projects. In addition, there could be significant
costs to retrofit existing storm drainage improvements to meet any revisions to the rainfall amount.
The impact of these revisions on future stormwater fees is presently unknown.
All owners of developed land in the City will benefit from the proposed installation of stormwater
facilities. It will promote such landowners' health, safety and welfare during storms and foods by:
(I) protecting the movement of emergency vehicles and emergency personnel; (2) keeping access
open to necessary and critical public and private facilities and buildings; (3) preventing death and
injury; (4) preventing damage to public and private property; and (5) protecting the continued
operation ofotherpublic utility services. For example, the government centers ofboth the City and
Larimer County are located in the Old Town Basin. The ability of these governments to provide
essential services to the citizenry is dependent, in part, upon the protection ofgovernment property
from food damage. "
Bob Smith, Stormwater Utility Manager, presented background information relating to the proposed
Ordinance, which would implement a City-wide approach to financing and constructing needed
stormwater improvements.
Paul Clopper, Water Board Chair, spoke in support of the ordinance and stated that the Water Board
endorses the proposal as a viable solution to expedite the construction of needed stormwater
improvements.
Councilmember Byrne asked if new rainfall data is the basis for construction projections. Smith
stated that new data will be the basis for revisions to the stormwater master plans.
Councilmember Smith asked about the timing for changes to development fees and increases in the
projected costs for improvements based on new rainfall data and expressed a concern that
development pay its way. Bob Smith spoke concerning revisions to the master plans.
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September 15, 1998
Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 168, 1998 on First Reading.
Councilmember Kneeland thanked the Water Board and staff for their work on this issue.
Councilmember Wanner noted that this is a significant shift in policy to operate on a city-wide basis,
which he supports. He expressed a concern that the City charge adequate development fees for new
development in basins where the City will incur high costs.
Councilmember Mason stated that this Ordinance reflects a proper shift in policy.
Councilmember Smith expressed a concern that the discussion of development fees occur on a
timely basis and spoke concerning the impact of asking areas that will require fewer improvements
to help pay for improvements City-wide. He also expressed a concern that the City move ahead with
programs that would discourage development in flood -prone areas.
Councilmember Byrne stated that there has been valuable discussion over the last year on long range
needs and strategies, and cost effective storm drainage is an important part of the City's
infrastructure.
Councilmember Mason emphasized the need to work quickly on development fees.
Mayor Azari supported the community -wide approach but cautioned that this is an Ordinance that
will add to utility bills.
The vote on the motion was as follows: Yeas: Councilmembers Azari, Byrne, Kneeland, Mason,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 169, 1998,
Approving Amendments to the Cable TV Franchise Agreement
Between the City of Fort Collins and Heritage Cablevision of
Delaware, Inc., Doing Business as TCI of Fort Collins. Adopted on First Reading
The following is staff s memorandum on this item.
PTOM
September 15, 1998
"Executive Summary
City staff and Heritage Cablevision of Delaware, Inc., doing business as TCI of Fort Collins
("TCI') have reached a proposed settlement agreement that would enhance service for local cable
TV customers. The settlement is a result of ongoing negotiations between TCI and the City ofFort
Collins regarding disputed provision ofthe Franchise Agreement between TCI and the City ofFort
Collins. The City's Cable TV Franchise Agreement with TCI required a cable system upgrade to
be completed by November 6, 1997. Since November, 1997, the City and TCI have been in a
disagreement over interpretations ofcertainprovisionsoftheFranchise Agreement. Whenongoing
discussions between City staff and TCI failed to result in resolution of the disagreement, a hearing
to consider revocation of TCI's franchise was scheduled before Council for Tuesday, August 18,
1998. However, prior to the hearing City staff and TCI negotiated a settlement which both parties
believe is fair and, most importantly, which will provide greater and better services for the citizens
ofFort Collins. In order to implement this settlement, it is necessary under the City Charter for the
Council to adopt this Ordinance.
BACKGROUND:
The City's cable TVFranchise Agreement (the "Agreement'), originally entered into with the World
Company in 1993 and subsequently transferred in 1995 to TCI, required a cable system upgrade to
be completed by November 6, 1997. Section XI of the Agreement provides that the upgraded system
be "550 MHZ capable system, spaced to 750 MHZparameters and incorporatingfiber trunking. "
However, Section XI also provides that TCI may use alternative technologies to achieve the system
upgrade described above so long as such technologies "achieve comparable (or improved) customer
benefits or services as would be provided by the [550 MHZ system]" and provided that such
upgraded cable system using different technologies is "state-of-the-art; as dependable and reliable
as the contemplated 550 MHZ system...; and... as flexible as the contemplated 550 MHZ system... in
allowing for interactive services and technologies. " This language regarding alternative
technologies was included in Section M of the Agreement based on the concern that cable TV
technology was rapidly changing and therefore it was not possible in 1993 to accurately predict
which technology would be state-of-the-art in 1997.
TCI chose digital compression as its alternative technology for upgrading the local cable TVsystem.
Digital compression allows TCI to compress its signal and thereby create several channels for each
one that currently exists. Since the spring of 1997, when City staff was first apprised of TCTs
intention to deploy digital compression, City staff and its telecommunications and engineering
consultants have conducted an extensive analysis in order to determine whether digital compression
meets the standards for the cable system upgrade as required in Section XI of the Agreement. In
December of 1997, City staff and its consultants reached two conclusions: (1) that digital
compression, by itself, does not satisfy the requirement of the Agreement that as an alternative
technology it provide comparable customer benefits or services that would be provided over the
contemplated 550MHZsystem; and (2) that digital compression is not state-of-the-art, as reliable
04ZI
September 15, 1998
and dependable as a 550 MHZ system, and as flexible as a 550 MHZ system in allowing for
interactive services and technologies.
Therefore, on December 8, 1997, the City sent written notice to TCI that it was in substantial
breach of Section M of the Franchise Agreement as it relates to the cable TV system upgrade. The
Agreement provides that, after receipt of such notice, TCI has 30 days to provide the City with
written proof that corrective action has been taken or is being actively and expeditiously pursued
concerning the substantial breach. TCI responded to the City's notice of substantial breach by
asserting that, contrary to the City's position, the addition of digital compression technology to the
cable system satisfied the requirements of Section Mfor a system upgrade and, therefore, that TCI
would not commit to corrective actions. Since receipt of TCI's written response in January, 1998,
City staff has engaged TCI in discussions with the intent of resolving this issue. These discussions
have resulted in a proposed resolution of the issue.
To resolve this dispute, TCI and City staffpropose the following settlement:
• TCI will pay the City $180, 000 on or before October 26, 1998.
• TCI will provide to the City equipment needed to implement the operation of the City's second
channel, which will be used for internal City communications. The equipment is valued at
approximately $14, 000.
• TCI will upgrade its cable TV system to a 550 MHZ system, spaced to 750 MHZ with a fiber
optic backbone.
• TCI will complete the agreed -upon upgrade of its entire cable TVsystem by December 31, 1999.
• If TCI does not complete the upgrade of its entire cable system by December 31, 1999, the City
will be entitled to receive, for each day that the upgrade is not timely completed, $750 of
damages that can be withdrawn from the letter of credit that TCI currently has deposited with
the City. In addition, the City would have the right to revoke TCI's franchise.
• TCI also agrees that if the upgrade is not completed by December 31, 1999, TCI will, at the
City's direction, provide a rebate on the monthly bills of those TCI subscribers who do not have
the upgraded system available to them by that time. The rebated amounts shall be credited to
TCI against the $750 per day of damages that it will owe to the City. In no event will the
amounts rebated to TCI customers exceed the $750 per day of damages.
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September 15, 1998
• TCI agrees to provide the City with 12 MHZ of bandwidth for its use after the upgrade is
completed. The 12 MHZ is in addition to the 12 MHZ TCI has recently given to the Cityfor its
second channel.
• TCI will make available to the City a mobile production van, based on availability.
• TCI will provide to the Cityfree installation of up to 5 outlets in the City's new office buildings
(the Agreement currently requires only one free outlet installed per building).
• TCI will design and install, at its cost, a fiber optic connection between City Hall West and
TCI's head end as part of TCI's upgrade of its cable system. The connection will occur during
the first phase of the construction of the upgrade, to the extent practicable.
• TCI will provide, to the City, copies of its strand and trench maps relating to the upgrade in
digital format. The digital maps will be provided to the City as soon as they are received by TCI
from its design engineers.
• TCI is currently reviewing and recalculating the manner in which it assesses late charges to
customers whose bills are not paid on time. This recalculation will result in lower late charges.
When this process is completed (probably sometime in 1999), TCI has agreed to revise its late
charges in Fort Collins at the same time it makes those revisions in any other community in
Colorado.
• TCI has agreed that certain costs of this settlement will not be included in determining its rate
base in the future, and will, therefore, not be passed on to Fort Collins subscribers in the form
of rate increases.
• The City and TCI have agreed to begin meetings to consider ways to work cooperatively in order
to provide expanded local news programming to the Fort Collins community.
In order to finalize the settlement, it is necessary for the Council to adopt this Ordinance. This
Ordinance approves the "First Addendum to the Franchise Agreement" which is attached hereto.
The First Addendum amends the Franchise Agreement by incorporating into it the terms and
conditions of the proposed settlement."
Dann Atteberry, Assistant City Manager, reviewed the materials that were submitted for Council's
information. He stated that the Telecommunications Board unanimously recommends approval of
the settlement.
Councilmember Mason made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 169, 1998 on First Reading.
272
September 15, 1998
Councilmember Byrne asked about the need for training forthe mobile van and the possibility of TCI
providing that training.
Kathy Stuart, Area Manager for TCI, stated that TCI has been working with staff to set up training.
Councilmember Byrne asked if the settlement money will go into the General Fund and how it will
be used.
Councilmember Kneeland thanked the staff, Telecommunications Board, and TCI for their work on
this issue.
The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Byrne,
Kneeland, Mason, Smith and Wanner. Nays: None.
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Other Business
Councilmember Smith spoke concerning a skateboard park and stated that a signature sheet has been
prepared to provide an opportunity for the Council and City Manager to state their support for a
GOCO grant. He is also seeking letters of support from other entities.
Councilmember Mason spoke concerning the need to look at competing proposals for GOCO money.
Councilmember Smith asked about the possibility of looking at setting fees on a predictable six-
month schedule. Councilmember Mason suggested setting fees on a quarterly basis. City Manager
Fischbach stated that staff will work on the issue and discuss it with the Finance Committee and
Utilities and Technology Committee.
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September 15, 1998
Adjournment
Councilmember Smith made a motion, seconded by Councilmember Mason, to adjourn the meeting
to 7:30 p.m. on September 22, 1998. The vote on the motion was as follows: Yeas: Councilmembers
Azari, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 9:35 p.m.
ATTEST:
C�ty Clerk
274