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HomeMy WebLinkAboutMINUTES-04/20/1999-RegularApril 20,1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:05 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 20, 1999, at 6:05 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Al Bacilli, 520 Galaxy Court, spoke regarding concerns about high rents for Harmony Mobile Home Park residents, suggested rent control, and requested that he be notified regarding the solution. John Meleski, 2619 Featherstar Way, spoke regarding transportation tax concerns and suggested forming a committee reporting to Council to look at the budget and find dollars for traffic signalization. He also spoke regarding affordable housing concerns and suggested forming a committee reporting to Council to look at affordable housing issues. Brian Holtgren, Friends Interested in Dogs in Open Spaces (FIDOS) organization, spoke regarding the group's goal to walk dogs in designated open spaces off -leash within voice and sight control and asked that Council direct staff to put together a round table discussion on the issue. Kelly Ohlson, 2040 Bennington Circle, spoke in support of City Plan and stated that inaccurate statements were made regarding City Plan during some election campaigns. He also spoke regarding the impact on wildlife if dogs were to be allowed off leash in natural areas. Citizen Participation Follow-up Councilmember Byrne spoke regarding lessons learned from the failed transportation tax and looking at traffic signalization during deliberations on the budget. He stated that there is a need for a balanced transportation system and supported continuing to look at transit improvements. He spoke regarding looking factually at any unintended consequences of City Plan. Councilmember Mason stated that the Harmony Mobile Home Park community is looking for another piece of land and is considering applying for CDBG funds to help refinance the relocation of the mobile home park. He suggested that the Affordable Housing Board review the situation. He 179 April20, 1999 noted that the transportation tax was framed by the Transportation Funding Advisory Committee (TFAC) rather than administration. He noted that a dog park has been formed in a natural area to meet needs of a special user group interested in running dogs off leash. Councilmember Wanner spoke regarding housing costs and development standards. He noted that the Harmony Mobile Home Park owner has already met with the Affordable Housing Board. He expressed a concern regarding the impact of dogs off leash in natural areas and suggested continuing the discussion with the user groups. Councilmember Bertschy noted that his points regarding the Harmony Mobile Home Park have already been covered. He spoke regarding an incident that happened last year with dogs illegally off leash in a natural area. He stated that the issue merits further discussion and that there are ramifications that would need to be looked at further. Councilmember Weitkunat supported allowing an opportunity for discussion of the issue of dogs in natural areas and parks. Mayor Martinez spoke regarding the Harmony Mobile Home Park situation. He supported a continuing dialogue on the issue of dogs in natural areas and parks. Agenda Review City Manager Fischbach stated that item #25 Items Relating to the Keating First Annexation and Zoning and item #26 Items Relating to the Keating Second Annexation and Zoning have been withdrawn from the Consent Calendar for discussion at the end of the agenda. CONSENT CALENDAR Second Reading of Ordinance No. 43, 1999, Appropriating Unanticipated Revenue in the General Fund for Fort Collins Build A Generation. For the past four years, Fort Collins Build A Generation has applied for grant money from the Division of Criminal Justice. Fort Collins Build A Generation is part of a state-wide initiative designed to reduce youth violence, delinquency, school drop -out, pregnancy and substance abuse. Ordinance No. 43, 1999, was unanimously adopted on First Reading on March 16, 1999 and appropriates unanticipated revenue for Build A Generation. April20, 1999 Second Reading of Ordinance No. 44, 1999, Appropriating Prior Year Reserves and Unanticipated Revenue in the Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the South Timberline Road Improvement Project. Ordinance No. 44,1999, was unanimously adopted on First Reading on March 16, 1999 and appropriates funds into the Capital Projects fund to construct arterial roadway improvements for the Timberline Road at Willow Springs Improvement Project. 9. Second Reading of OrdinanceNo.45.1999. Appropriating Unanticipated Revenue andPrior Year Reserves in the Transportation Services Fund for the Metropolitan Planning Organization and Smarttrips Transportation Demand Management Programs. Ordinance No. 45,1999, was unanimously adopted on First Reading on March 17,1999 and appropriates unanticipated revenue and prior year reserves for the Metropolitan Planning Organization and Smarttrips Transportation Demand Management Programs. 10. Second Reading of Ordinance No. 46, 1999, Appropriating Unanticipated Revenue in the General Fund for the Police Services Crimes Against Persons/Victim Services Units. This grant is awarded to agencies to assist in the enhancement of services to women who are victims of crime. Detectives will be able to attend training on areas such as homicide, domestic violence and sexual assault, which will strengthen investigative skills as well as provide exceptional services to victims of crime. Victim Advocates will attend training that will strengthen skills in advocacy, crisis intervention, and provide specialized training in trauma specific to crimes such as homicide, domestic violence and sexual assault. Ordinance No. 46, 1999 was unanimously adopted on First Reading on March 16, 1999. 11. Second Reading of Ordinance No. 47, 1999, Amending Section 21-87 of the City Code and Article XI of the General Employees Retirement Plan Concerning Membership in the General Employees Retirement Committee. Ordinance No. 47, 1999, which was unanimously adopted on First Reading on March 16, 1999 adds one position on the Committee to be filled by a retired member of the Plan. This Ordinance also amends both the City Code provisions and the Plan. 181 April20, 1999 12. Second Reading of Ordinance No. 48, 1999, Authorizing the City to Grant a Non -Exclusive Easement Across Meadow Springs Ranch to Williams Communications, Inc. for Installation and Maintenance of Fiber Optic Cable. In 1980, the Cities Service Gas Company acquired a 50-foot wide easement across a portion of the Meadow Springs Ranch near the Colorado/Wyoming border, for installation of a natural gas pipeline. Williams Communications, Inc. has requested another easement within these boundaries, but subject to the existing pipeline easement, for the installation and maintenance of fiber optic cable to be used for telephone digital data transmission and Internet services. Ordinance No. 48, 1999 was unanimously adopted on First Reading on March 16, 1999 authorizing a non-exclusive easement to Williams Communications, hic. 13. First Reading of Ordinance No. 35, 1999, Appropriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for Improvements Relating to the Southwest Community By adopting this Ordinance, $570,000 worth of improvements will be made to the Southwest Community Park. Staff does not intend to fully develop this park for several years. These improvements are being constructed now because of Cottonwood Glen Neighborhood Park, which will be built this year. Cottonwood Glen Neighborhood Park will serve the residents in the mile bounded by Taft Hill Road on the east, Drake Road on the north and Horsetooth Road on the south. This day - use park will contain a restroom, shelter, playground, multi -use pad, parking lot, ballfield, soccer field, open space, sidewalks, irrigation pond, and landscaping. Neighborhood Parkland Fees fund the construction budget for the park. 14. First Reading of Ordinance No. 50, 1999, Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget to the Grant Project. Fort Collins Police Services has been awarded a grant under the U. S. Department of Justice, Local Law Enforcement Block Grant program (LLEBG) in the amount of $87,695 for the procurement of equipment and technology related to basic law enforcement functions. A local cash match of $9,744 is required and will be met bythe existing Police Services budget. 15. First Reading of Ordinance No. 51, 1999, Appropriating Prior Year Reserves in the General Fund for a Rebate of Development Fees to Advanced Energy Industries, Inc. On July 18, 1995, Council adopted Ordinance No. 102, 1995 approving and authorizing the rebate of development fees associated with the construction of a 55,000 square foot 182 April20, 1999 manufacturing facility for Advanced Energies, Inc. Fees were estimated to be $61,701. Council approved a rebate not to exceed $135,000. On October 20,1998, Council adopted Ordinance No.189,1998 which amended Ordinance 102, 1995 to exclude the rebate of building permit and plan review fees, and to reduce the total maximum rebate payment to Advanced Energy. Section 5-326 of the City Code specifically limited the rebate of fees to impact fees and should not have included building permit or plan check fees. 16. First Reading of Ordinance No. 52, 1999, Appropriating Prior Year Reserves in the Water Fund for the Purchase of Water Rights and Water Storage Capacity. Utilities staff and Natural Resources Department staff have been negotiating with H.W. Rogers and Associates for the possible acquisition of land, several gravel pits, and water rights along the Poudre River between Shields Street and Overland Trail. If purchased, the development and use of the area would be a joint effort by Utilities and the Natural Resources Department. The gravel pits would be developed into local storage ponds to help regulate the City's raw water supplies. The land would also serve as open space or natural areas along the river. The purpose of the Ordinance is to appropriate funds from the Water Fund in order to have sufficient appropriations to make a firm offer for the purchase. The actual purchase is subject to a first right of refusal by a third party. 17. First Reading of Ordinance No. 53, 1999, Authorizing the Transfer of Existing Appropriations in the Storm Drainage Fund. In October, 1998, the Council authorized a city-wide approach to financing capital improvements of the Stormwater Utility. This approach allowed staff and the Water Board to proceed with implementing a 15-year plan to prioritize and construct needed improvements in the City's storm drainage system. hi March, 1999, the Council amended the Storm Drainage Design Criteria and Construction Standards by revising the Rainfall Intensity Duration Curve Graph. A key element of the revision was to give the Utilities General Manager the authority to enhance drainage basin master plans to provide for additional flood protection. In order to revise and update Storm Drainage Basin Master Plans in the various basins and to reprioritize various projects within the Storm Drainage Fund, a transfer of existing appropriations is needed. The purposes for which the original appropriations were needed no longer exist. Capital projects that are deemed a priority and have adequate appropriations are not affected. The following transfers are being recommended: 183 Apri120, 1999 18. First Reading of Ordinance No. 54, 1999, Authorizing a Ground Lease Agreement of City - Owned Property on a Portion of Block 275, Subdivision of the West Side Addition to the City of Fort Collins, According to the Golding Dwvre Subdivision Plat. In November 1998, the City of Fort Collins purchased approximately 1.7 acres abutting the Utility Service Center site from Burlington Northern & Santa Fe Railway Company to help facilitate the Utility Service Center Master Development Plan. The original Burlington Northern & Santa Fe Real Estate Purchase and Sale Agreement stated that no leases existed on the property. However, shortly after the purchase of the property by the City, a garage encroachment lease between the railway company and the tenant of 525 North Whitcomb was provided to the City by Catellus Management Corporation (property management for BNSF Railway Company). This lease was originally entered into in April 1995. The tenant who signed the lease no longer resides at that address. Therefore, a new ground lease agreement has been agreed upon between the City and Mr. John C. Fischer, the current owner of 525 North Whitcomb. Until the Utility Service Center Master Plan has been established, this lease agreement will continue on a yearly basis with a 30-day cancellation clause. 19. First Reading of Ordinance No. 55, 1999, Authorizing the Sale of Lot 5, Clarendon Hills Fifth Filing and Appropriating Unanticipated Revenue in the Conservation Trust Fund. The City purchased Lot 5 of Clarendon Hills Fifth Filing in 1992 with the intention of placing a trail- head parking lot at this location. Lot 5 is located in the northeast comer of the intersection of South Shields Street and Fossil Creek Drive. The City's subsequent purchase of the Cathy Fromme Prairie to the west of Shields Street resulted in the placement of a parking lot on the Prairie across from Lot 5. As a result, there is no longer a need to use Lot 5 for trailhead parking. Staff has checked with other City departments and there was no interest in this lot for other City purposes. The Purchasing Department distributed a standard invitation to bid and received one bid for $62,000. Research of comparable lot sales by Land Management Staff and consultation with the Realtor who marketed the Clarendon Hills Subdivision confirm that the bid is reasonable. Adoption of this Ordinance will authorize the City to sell the lot to Gary and Susan Murphey, the bidders for the property, for $62,000. 20. First Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and Timberline Roads. In 1970, the Light and Power Utility acquired the land for the Timberline Substation. The Utility now desires to sell a 3.726-acre portion of that site. The parcel is not needed for Utility purposes. However, 2.3 acres of this site is potentially developable. It is located on HE April20, 1999 the south side of East Prospect Road east of Timberline Road between the Union Pacific and Burlington Northern Santa Fe Railroad tracks and bordered on the south by Spring Creek. After offering this property to other City departments and the Housing Authority, Purchasing issued an invitation to bid on the property. Two unacceptable bids were received in July 1998. In March 1999, Purchasing received an acceptable contract from Anchor Development Corporation in the amount of $173,400. This is the current estimated value of the property, based on comparable land sales in the area, as determined bythe City's Right -of -Way Office. Approval of this Ordinance would authorize the Mayor to execute a deed conveying this property, subject to utility and trail casements, and to execute such other related documents as needed to convey the property to Anchor Development Corporation. 21. First Reading of Ordinance No. 57, 1999, Authorizing the Mavor to Execute a Deed of Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Turn Lane at the Prospect/Lemay Intersection. The City purchased 945 East Prospect for $41,000 in late 1991 as part of the Prospect/Lemay Intersection Project. The project was completed with the exception of the southwest corner due to the high cost of relocating the Texaco gas station on the comer. The decision was made to delay construction of this comer until it redeveloped, thus lowering the construction costs for the right turn lane. This decision has proven advantageous, as Rite Aid is now proposing to redevelop the southwest comer where the Texaco Station is located. Staff has negotiated an agreement under which the City would convey 945 East Prospect, and would in return receive the appropriate right-of-way for the turn lane, and a payment of $89,000, which is the difference between the value of the respective properties. As part of the development process, the developer will be responsible for dedicating additional right-of- way and for making street improvements in relation to its project. Approval of this Ordinance would authorize the Mayor to execute a Deed of Conveyance for the sale of this property in exchange for the right turn lane right-of-way and $89,000. The City will use the $89,000 to construct a right turn lane at the southwest corner of the Prospect/Lemay intersection. 22. First Reading of Ordinance No. 58, 1999, Authorizingthe City of Fort Collins to Grant an Easement Across Meadow Springs Ranch to Wyoming Interstate Company. Wyoming Interstate Company proposes to build a new gas pipeline (Medicine Bow Lateral) and compression facilities to increase the transportation capacity of its current system in Colorado and Wyoming. A portion of this proposed pipeline crosses City -owned Meadow Springs Ranch. This project has been determined to be in the public interest and has been 185 April20, 1999 approved by the Federal Energy Regulatory Commission. The Company's offer is consistent with those made to adjacent landowners. 23. First Reading of Ordinance No. 59, 1999, Amending Chanter 26, Article VL Division 4 of the City Code Regarding Sale of Energy Generated from a Renewable Resource. Each electric rate schedule contains a "Renewable resource" clause which permits the Utility to sell wind energy at a premium price in accordance with a special services agreement between the Utility and the customer. The clause, adopted in November 1996, sets the premium at an additional two cents per kilowatt-hour. This Ordinance revises each "Renewable resource" clause to eliminate the specific premium amount. If approved, the premium amount will be based on the Utility's cost of providing wind energy and will be specified in the special services agreement. The cost of providing wind energy is now estimated at a premium of 2.5 cents per kilowatt-hour. The Ordinance also contains a housekeeping change to the "Special services" clause of each rate schedule to clarify that rates, fees and charges set through special services agreements must satisfy the applicable cost -of -service criteria required to be followed by the Charter for setting such rates, fees and charges. 24. First Reading of Ordinance No. 60, 1999, Vacating a Portion of the Right -of -Way for Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision. This Ordinance vacates a portion of the street right-of-way for Mitchell Drive. The site was originally platted as part of Lots 1 and 2 of Observatory Heights. Right-of-way was dedicated for future expansion along Mitchell Drive at the intersection of East Horsetooth Road to include both a left -turn lane and a right -turn lane. Because of the construction of the landscaped median along East Horsetooth Road, a left -turn lane is no longer needed. Therefore, not all of the street right-of-way that was originally dedicated with the Observatory Heights plat is needed. Hence, a portion of the right-of-way is being proposed for vacation with the Palmer Design Center development. As there are currently utilities in place that cross this area, the street right-of-way will be retained as a utility easement. 25. Items Relating to the Keating First Annexation and Zoning, A. Resolution 99-42 Setting Forth Findings of Fact and Determinations Regarding the Keating First Annexation. B. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating First Annexation to the City of Fort Collins. I ZI April20, 1999 C. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating First Annexation. This is an annexation and zoning of approximately 11.27 acres in size, located north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FAl — Farming District in Larimer County. The recommended zoning is the LMN — Low - Density Mixed Use Neighborhood. This is a 100% voluntary annexation. APPLICANT: Linda Ripley VF Ripley Associates 1113 Stoney Hill Drive Fort Collins, CO 80524 OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Roger Nosker — 7603 Wakerobin, Parma, OH 44130 Shirley Nosker — 7603 Wakerobin, Parma, OH 44130 J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536 26. Items Relating to the Keating Second Annexation and Zoning_ A. Resolution 99-43 Setting Forth Findings of Fact and Determinations Regarding the Keating Second Annexation. B. First Reading of Ordinance No. 63, 1999, Annexing Property Known as the Keating Second Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating Second Annexation. This is an annexation and zoning of approximately 26.43 acres in size, located north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FAl —Farming District in Larimer County. The recommended zoning is the LMN— Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation. APPLICANT: Linda Ripley VF Ripley Associates 1113 Stoney Hill Drive Fort Collins, CO 0524 OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 187 April20, 1999 Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Roger Nosker — 7603 Wakerobin, Parma, OH 44130 Shirley Nosker — 7603 Wakerobin, Parma, OH 44130 J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536 27. Items Relating to an Exemption for Housing Authorities from the City's Requirement of Land Dedication or Payments of hi -Lieu Fee for School Site Purposes. A. Resolution 99-44 Approving an Addendum to Two Intergovernmental Agreements Concerning Land Dedications or In -Lieu Fees for School Site Purposes. B. First Reading of Ordinance No. 65, 1999, Amending Resolution 96-73 and Amending Chapter 7.5, Article III of the City Code, so as to Exempt Any Housing Authority Established Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site Purposes or Pay a Fee in Lieu of Such Dedication. Colorado law exempts projects of housing authorities from the payment of any fees and taxes. Historically, the City of Fort Collins has enumerated, by resolution, the fees from which the Housing Authority is exempt. In April of 1998, the Council enacted, pursuant to intergovernmental agreements with the Poudre School District and the Thompson R24 School District, a requirement that the developers of all new residential development in the City dedicate school sites or pay a fee in lieu of such dedication. The purpose of the Resolution and Ordinance is to exempt the projects of any Housing Authority from these requirements. The Ordinance would also reiterate the list of fees from which the Housing Authority is exempt and add the fee in lieu of school site dedication. 28. Resolution 99-45 Adopting Amendments to the Financial Management Policies. The amendments adopted by this Resolution will become part of the Financial Management Policies of the City. The policies will remain in effect until they are subsequently amended or repealed by Council action. 29. Resolution 99-46 Setting Forth the Principles for Budget Planning. It is the responsibility of City Council to adopt a budget plan that allocates limited resources to meet the service needs of the community as efficiently and effectively as possible. The allocation and management of those limited resources is a basic tenet for development of the City's budget. This Resolution, as recommended by the Council Finance Committee and staff, sets forth certain principles to aid in the planning of the allocation of resources to efficiently and effectively meet the wants and needs of the community and to serve as a foundation for budget development. April20, 1999 30. Resolution 99-47 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund for the Commission of an Artist Designed Terrazzo Floor, Stair Treads and Landings for the Civic Center Parking Structure Main Pedestrian Tower. In connection with the Civic Center Parking Structure project, staff and the Art in Public Places ("APP") Board have proposed to use $51,844 for artist design fees, project contingency, and to create and install the terrazzo floors, stair treads and landings. The City will contract with the building contractor, Hensel Phelps Construction to install the work and the artist, David Griggs, to oversee the installation. The rustic terrazzo floor will incorporate designs of various modes of transportation, which will differ from floor to floor. Represented will be tracks left by a bicycle, car and a train. Included in the design are animal tracks, which will represent playful additions to the transportation tracks and will lead the pedestrian traffic up the staircases to the next floor. David Griggs was the APP Design Consultant on the project who worked as part of the parking structure design team. The APP Board members reviewed artful opportunities for the parking structure and focused David Griggs on creating designs for terrazzo floors on the second, third and fourth floors for the main pedestrian tower of the parking structure. The APP Board members voted unanimously at the January 20, 1999, Board meeting to proceed with the terrazzo floor art. The APP Board is currently reviewing additional art opportunities for the Civic Center project that include the public right of way, City Administration Building and Transit Center. 31. Resolution 99-48 Making Appointments to the Citizen Review Board. A vacancy exists on the Citizen Review Board due to the resignation of Rudy Maes who was appointed to the Citizen Review Board on February 16, 1999. At the time of his appointment, Mr. Maes was currently serving on the Library Board and has since determined that he would prefer to remain on the Library Board. Another vacancy currently exists on the Citizen Review Board due to the resignation of Eric Olson who moved outside the Urban Growth Area. The interview team reviewed the applications on file. City Manager John Fischbach and Councilmembers Chuck Wanner and Bill Bertschy are recommending Don Colby and Sam Blanco to fill the current vacancies with terms to begin immediately and to expire on June 30, 2001 and June 30, 2002 respectively. 32. Routine Easements. IMS April20, 1999 A. Easement from Eldon F. Jensen to install oval electric vault, located at 700 Blevins Court. Monetary consideration: $96. B. Easement from Carlson's Investment and Management, Ltd. to install pad mount transformer. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 43, 1999, Appropriating Unanticipated Revenue in the General Fund for Fort Collins Build A Generation. 8. Second Reading of Ordinance No. 44, 1999, Appropriating Prior Year Reserves and Unanticipated Revenue in the Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the South Timberline Road Improvement Project. Second Reading of Ordinance No. 45,1999, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund for the Metropolitan Planning Organization and Smarttrips Transportation Demand Management Programs. 10. Second Reading of Ordinance No. 46, 1999, Appropriating Unanticipated Revenue in the General Fund for the Police Services Crimes Against PersonsNictim Services Units. 11. Second Reading of Ordinance No. 47, 1999, Amending Section 21-87 of the City Code and Article XI of the General Employees Retirement Plan Concerning Membership in the General Emplovees Retirement Committee. 12. Second Reading of Ordinance No. 48, 1999, Authorizing the City to Grant a Non -Exclusive Easement Across Meadow Springs Ranch to Williams Communications, Inc. for Installation and Maintenance of Fiber Optic Cable. Items on First Reading were read by title by City Clerk Wanda Krajicek. 13. First Reading of Ordinance No. 35, 1999, ADorooriating Prior Year Reserves in the Capital Expansion Fund and Authorizing the Transfer of Appropriations Between Funds for Improvements Relating to the Southwest Community Park. 14. First Reading of Ordinance No. 50, 1999, Appropriating Unanticipated Revenue in the General Fund for Police Services and Authorizing the Transfer of Matching Funds Previously ppropriated in the Police Services Operating Budget to the Grant Project. 15. First Reading of Ordinance No. 51, 1999, Appropriating Prior Year Reserves in the General Fund for a Rebate of Development Fees to Advanced Energy Industries, Inc. 190 A- 20, 1999 16. First Reading of Ordinance No. 52, 1999, Appropriating Prior Year Reserves in the Water Fund for the Purchase of Water Rights and Water Storage Capacity. 17. First Reading of Ordinance No. 53, 1999, Authorizing the Transfer of Existing Appropriations in the Storm Drainage Fund. 18. First Reading of Ordinance No. 54, 1999, Authorizing a Ground Lease Agreement of City - Owned Property on a Portion of Block 275, Subdivision of the West Side Addition to the City of Fort Collins, According to the Golding-Dwyre Subdivision Plat. 19. First Reading of Ordinance No. 55, 1999, Authorizing the Sale of Lot 5, Clarendon Hills Fifth Filing, and Appropriating Unanticipated Revenue in the Conservation Trust Fund. 20. First Reading of Ordinance No. 56, 1999, Authorizing the Mayor to Execute a Deed of Conveyance for the Sale of a 3.726-Acre Parcel Near the Intersection of East Prospect and Timberline Roads. 21. First Reading of Ordinance No. 57, 1999, Authorizing the Mayor to Execute a Deed of Conveyance for the Sale of 945 East Prospect and Appropriating the Proceeds as Unanticipated Revenue in the Capital Projects Fund to Be Used to Construct a Right Tum Lane at the ProMect/Lemay Intersection. 22. First Reading of Ordinance No. 58, 1999, Authorizing the City of Fort Collins to Grant an Easement Across Meadow Springs Ranch to Wyoming Interstate Company. 23. First Reading of Ordinance No. 59, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Regarding Sale of Energy Generated from a Renewable Resource. 24. First Reading of Ordinance No. 60, 1999, Vacating a Portion of the Right -of -Way for Mitchell Drive as Dedicated on the Plat of the Observatory Heights Subdivision. 191 Apri120, 1999 25. Items Relating to the Keatine First Annexation and Zoning. A. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating First Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating First Annexation. 26. Items Relating to the Keating Second Annexation and Zoning_ A. First Reading of Ordinance No. 63, 1999, Annexing Property Known as the Keating Second Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating Second Annexation. 27. First Reading of Ordinance No. 65, 1999, Amending Resolution 96-73 and Amending Chapter 7.5, Article III of the City Code, so as to Exempt Any Housing Authority Established Pursuant to State Statute from the City's Requirement to Dedicate Land for School Site Purposes or Pay a Fee in Lieu of Such Dedication. 36. Items Relating to the Wykoff-Larimer First Annexation and Zoning. A. First Reading of Ordinance No. 67,1999, Annexing Property Known as the Wykoff- Larimer First Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer First Annexation. 37. Items Relating to the Wykoff-Larimer Second Annexation and Zoning. A. First Reading of Ordinance No. 69, 1999, Annexing Property Known as the Wykoff- Larimer Second Annexation to The City of Fort Collins. B. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer Second Annexation. 192 April20, 1999 Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Byrne spoke regarding the Resolution adopted regarding budget principles and the delineation of basic services and quality of life services. Items Relating to the %koff-Larimer First Annexation and Zoning, Postponed The following is staff's memorandum on this item. "Executive Summary A. Resolution 99-50 Setting Forth Findings of Fact and Determinations Regarding the Wykoff- Larimer First Annexation. B. First Reading of OrdinanceNo.67,1999,AnnexingPropertyKnownastheWykoff-Larimer First Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 68, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer First Annexation. This is a request for the voluntary annexation of 6.69 acres of land located north of County Road 38E, west of Taft Hill Road. The site is currently zoned FAI — Farming in Larimer County. The requested zoning is LMN-Low Density Mixed Use Neighborhood. This zoning requires an amendment of the City Structure Plan from Rural Open Lands and River Corridor to Low Density Mixed Use Residential. Neither staff nor the Planning and Zoning Board support the Structure Plan Amendment. The recommended zoning is RF —Residential Foothills. APPLICANT: Bret Larimer 1600 West Horsetooth Road Fort Collins, CO 80526 193 April20, 1999 OWNERS: Rex W. and Amender F. Wykoff 2916 W. County Road 38E Fort Collins, CO 80526 BACKGROUND: The Wykoff-Larimer First Annexation is a voluntary annexation consisting of 6.69 acres. The property is located north of County Road 38 E, approximately .75 miles west of Taft Hill Road. The site is currently zoned FAI —Farming in Larimer County. A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the south was forwarded to the Board of County Commissioners on March 2, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 116 contiguity with the existing City limits. The Wykoff-Larimer First Annexation complies with this requirement. Thepropertyhas 728feetofitstotal boundary ofapproximately2,256feetcontiguous to existing City limits. This exceeds the minimum 383 feet required to achieve Ile contiguity. Contiguity to existing City limits is gained from the common boundary to the north which was annexed to the City in July, 1987 as the Overland Hills Annexation. The surrounding zoning and land uses are as follows N: POL — City owned open space E: FAI — Farming (County) S. FAI —Farming (County), Proposed Wykoff-Larimer Second Annexation W.• FAI — Farming (County) Structure Plan Amendment The requested zoning ofLMN— Low Density Mixed Use Neighborhood, is inconsistent with the City Structure Plan designation for this site (Rural Open Lands and Stream Corridors). Before considering the requested LAM zoning, a Structure Plan amendment to Low Density Mixed Use Residential is required. The applicant has submitted application for the amendment which is attached. The subject property, as well as the proposed annexation to the south (which is designated Rural Open Lands and Stream Corridors and Urban Estates) is near the western edge of the Urban Growth Area. The applicant has submitted justification for the Plan amendment citing City Plan Principles and Policies which focus on the concept of creating a compact development pattern within the City and the benefit derived from that type of development. Specifically, the applicant has 194 April20, 1999 referred to Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles traveled, providing for a variety of housing types and densities, preservation of natural areas, new neighborhoods and Low Density Mixed Residential next to open lands. Neither the Planning and Zoning Board nor staff supports the request for a Structure Plan amendment based on many of the same Principles and Policies supporting the retention of the Rural Open lands and Stream Corridors designation on the subject property (as well as the Rural Open Lands and Stream Corridors and Urban Estates to the south). These include: HSG 1.1: The City will encourage a variety of housing types and densities This Policy recognizes that there should be a variety of lot sizes, housing types and residential densities. The provision of low density housing, which would implement the Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge of the City meets this requirement. NOL 1.2: The City will conserve and integrate natural areas into the developed landscape by directing development away from sensitive areas and using innovative planning, design and management practices.... Retention ofthe existing Structure Plan designations and the implementation ofappropriate zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the conservation of the natural areas associated with the combined annexations including the area adjacent to and north of Spring Creek. AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located around a Medium Density Mixed -Use Neighborhood which has a Neighborhood Commercial Center or Community Commercial District as its Core. This provides nearby access to most things a resident or household needs on an everyday basis. The subject property is located near the edge of the City and Urban Growth Area. While there is a convenience commercial development at the corner of County Road 38E and Taft Hill Road, the property is located approximately two road miles from the nearest designated or developed Neighborhood Commercial area. This distance does not fit the description of Low Density Mixed Use Residential areas being in close proximity to commercial developments. Zonin : The property is currently zoned FAl —Farming in Larimer County. The requested zoning is LMN- Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City 195 April20, 1999 Structure Plan which designates theproperty Rural Open Lands and Stream (see attached Structure Plan map). There are two zoning districts which could implement the Structure Plan designation: UE-Urban Estate and RF—Residential Foothills, especially when this annexation is considered together with the proposed annexation to the south. Staff is recommending the RF zoning district. The purpose of the RFzoning district is for low density residential areas located near the foothills. In addition to the location of the property near the foothills, the presence of Spring Creek bisecting the property subject to the combined annexations and the designation of the northern portion as Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of residential units while maintaining an overall low density. The minimum lot area in the RFzoning district is 100, 000 square feet (2.29 acres). However, the Planning and Zoning Board can approve a development plan where lot sizes are reduced in order to cluster development on a portion oftheproperty with the remainderpermanently preserved as public or private open space provided the overall densityfor the entire property is not greater than one unit per net acre. There are specific development standards in the Land Use Code for reviewing RF cluster plans. While the cluster plan would allow a higher density within the actual development than anticipated by the Urban Estate Structure Plan designation, the potential for clustering development and maintaining the area north of Spring Creek in permanent open space clearly implements the intent of the Structure Plan. PLANNING AND ZONING BOARD RECOMMENDATION: On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the Council approve the request for annexation, deny the request for a City Structure Plan amendment and approve the zoning of RF— Residential Foothills. " Councilmember Weitkunat withdrew from discussion regarding agenda items #36 Items Relating to the Wykoff-Larimer First Annexation and Zoning and #37 Items Relating to the Wykoff-Larimer Second Annexation and Zoning because of a potential conflict of interest resulting from her participation on these items as a member of the Planning and Zoning Board. ("Secretary's Note: Councilmember Weitkunat out of room.) Bob Blanchard, Director of Current Planning, presented background information regarding the Wykoff-Larimer First and Second Annexations. He stated that the City may annex property within the Urban Growth Area provided the property has one -sixth contiguity with the existing City limits. He presented visual information showing the site and surrounding area. He noted that if the LMN zoning requested by the applicant is granted, a Structure Plan amendment would be required, and that the Planning and Zoning Board and staff are recommending that the Structure Plan not be 196 April20, 1999 amended. He spoke regarding the City's planning policies that serve as the basis of the staff and Planning and Zoning Board recommendations. He presented slides showing the site. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Resolution 99-50. Bret Larimer, 1600 West Horsetooth Road, applicant representing the owners Rex and Amender Wykoff, spoke relating to growth of the City and City Plan and presented slides showing the site and surroundings. He spoke regarding residential cluster development and densities and the impact of RF zoning in rendering development of the property as unfeasible. He spoke in favor of LMN zoning and stated that if this requested zoning is not granted, the annexation application will be withdrawn and the applicant will apply for development of the property in the County. Councilmember Byrne asked about the purpose of RF zoning and the elevation of the site. Blanchard stated that the site is not in the foothills and that the Structure Plan shows lower densities to the west. He spoke regarding buffering around Spring Creek and stated that part of the property would be undevelopable because of Spring Creek. Councilmember Wanner asked about the elevations on the property and the number of units that would be allowed under the rural land use process. Mr. Larimer spoke regarding the contours of the property. Blanchard spoke regarding the number of units that would be allowed under the RF zoning. Councilmember Bertschy asked about the differences in the number of units allowed under RF zoning versus LMN zoning. Blanchard spoke regarding the density under a clustered RF zoning versus LMN zoning. Councilmember Kastein asked for clarification regarding estimates for the number of units that would be allowed. Mr. Larimer stated that development would be unfeasible under RF zoning and that the LMN zoning would limit development to 55 units, although it is questionable whether that many units could be developed on the site. Blanchard stated that he would estimate 11 units allowed under RF zoning. Councilmember Kastein asked about the surrounding uses. Blanchard spoke regarding the surrounding areas. Councilmember Byrne asked about problems with The Ponds foothills development and the proximity of that development to this property. Blanchard stated that The Ponds development was closer to the foothills than this parcel. Councilmember Byrne asked about the impact of LMN zoning on property to the west that may be annexed in the future. He asked where the dividing point for development would be to protect the 197 April20, 1999 foothills views. Blanchard stated that the Residential Foothills zoning district currently provides that no elevation of any structure will be above 5,200 feet. Councilmember Mason asked about the concept of feathering at urban edges versus the Boulder "blue line" concept, noting the intent of City Plan to avoid an abrupt change from high density to rural open lands. Greg Byrne, CPES Director, spoke regarding the Structure Plan. CouncilmemberByme asked about the undevelopable nature ofpart ofthe property due to geography and economics. CPES Director Byrne spoke regarding clustering on the south side of the property. Councilmember Byrne asked if further discussion with the applicant would be worthwhile. City Manager Fischbach noted that this has been through a public hearing and has been recommended by the Planning and Zoning Board. Councilmember Bertschy asked about considerations regarding Urban Estates zoning. Blanchard stated that staff believes the RF zoning is best suited to this property because the district requires dedication of undevelopable land. CPES Director Byrne stated that the Residential Foothills and Urban Estates zones would both allow clustering of development to avoid natural areas or undevelopable portions of the property. Amender Wykoff, co-owner of the property, 2916 West County Road 38E, spoke regarding the difficulty of the process and the possibility of development in the County. Bret Latimer requested that the Council vote to allow development in the County rather than to annex the property. City Manager Fischbach stated that staff would need to investigate whether or not the applicant reserved the right to withdraw the application for annexation. He stated that under the intergovernmental agreement with the County, the act of not approving the annexation would trigger the applicant's right to request development in the County. He suggested postponement of the item until staff can review these issues. City Attorney Roy stated that there appears to be sufficient controversy from the applicant's viewpoint regarding an adverse zoning decision that it might be advisable to postpone consideration of at least the zoning decision until staff can better advise the Council about the consequences and alternatives available to the Council. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to postpone consideration of all six items relating to the Wykoff-Larimer First and Second Annexations until May 4. go Apri120, 1999 Councilmember Byrne requested further information concerning the process questions that have been raised concerning the annexation and zoning. He expressed a concern regarding the areas to the west and where the line would be drawn for development in the foothills. The vote on Councilmember Warmer's motion to postpone was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Items Relating to the Wykoff-Larimer Second Annexation and Zoning Postponed The following is staffs memorandum on this item. "Executive Summary A. Resolution 99-51 Setting Forth Findings ofFact and Determinations Regarding the Wykoff- Larimer Second Annexation. B. First Reading of OrdinanceNo.69,1999,AnnexingPropertyKnownastheWykoff-Larimer Second Annexation to The City of Fort Collins. C. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer Second Annexation. This is a request for the voluntary annexation of 14.47 acres of land located north of County Road 38E, west of Taft Hill Road. The site is currently zoned FA1 — Farming in Lorimer County. The requested zoning is LMN — Low Density Mixed Use Neighborhood. This zoning requires an amendment of the City Structure Plan from Rural Open Lands and River Corridor and Urban Estates to Low Density Mixed Use Residential. Staff is not supporting the Structure Plan Amendment. The recommended zoning is RF —Residential Foothills. APPLICANT.- Bret Larimer 1600 West Horsetooth Road Fort Collins, CO 80526 OWNERS: Rex W. and Amender F Wykoff 2916 W. County Road 38E Fort Collins, CO 80526 199 April20, 1999 BACKGROUND: The Wykoff-Larimer Second Annexation is a voluntary annexation consisting of 14.47 acres. The property is located north of County Road 38 E, approximately. 75 miles west of Taft Hill Road. The site is currently zoned FA —Farming in Larimer County. A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the north was forwarded to the Board of County Commissioners on March 2, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 116 contiguity with the existing City limits. The Wykoff-Larimer Second Annexation complies with this requirement. The property has 728 feet of its total boundary of approximately 4,090 feet contiguous to the proposed annexation area to the north. This exceeds the minimum 695 feet required to achieve 116 contiguity. Contiguity to existing City limits is gained from the common boundary to the north which is the subject of the Wykoff-Larimer First Annexation. The surrounding zoning and land uses are as follows: N: FA — Farming (County), Proposed Wykoff-L a rim er First Annexation E: FA —Farming (County) S: County Road 38E, Rock View PUD (County) W.• FAI — Farming (County) Structure Plan Amendment The requestedzoning ofLMN— Low DensityMixed Use Neighborhood, is inconsistent with the City Structure Plan designation for this site (Rural Open Lands and Stream Corridors and Urban Estates). Before considering the requested LMN zoning, a Structure Plan amendment to Low Density Mixed Use Residential is required. The applicant has submitted application for the amendment which is attached. The subject property, as well as the proposed annexation to the north (which is designated Rural Open Lands and Stream Corridors ) is near the western edge of the Urban Growth Area. The applicant has submitted justification for the Plan amendment citing CityPlan Principles and Policies which focus on the concept ofcreating a compact development pattern within the City and the benefit derived from that type of development. Specifically, the applicant has referred to Principles and Policies pertaining to minimizing auto dependency, reducing vehicle miles traveled, providing for a variety of housing types and densities, preservation of natural areas, new neighborhoods and Low Density Mixed Residential next to open lands. 200 April20, 1999 Neither the Planning and Zoning Board nor the staff support the request for a Structure Plan amendment based on many of the same Principles and Policies supporting the retention of the Rural Open lands and Stream Corridors designation on the subject property (as well as the Rural Open Lands and Stream Corridors to the north). These include: HSG 1.1: The City will encourage a variety of housing types and densities...... This Policy recognizes that there should be a variety of lot sizes, housing types and residential densities. The provision of low density housing, which would implement the Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge of the City meets this requirement. NOL 1.2: The City will conserve and integrate natural areas into the developed landscape by directing development away from sensitive areas and using innovative planning, design and management practices.... Retention ofthe existing Structure Plan designations and the implementation ofappropriate zone districts (Residential Foothills and Urban Estates) provide the best opportunityfor the conservation of the natural areas associated with the combined annexations including the area adjacent to and north of Spring Creek. AN 1.1 ...In a Residential District, Low Density Mixed -Use Neighborhoods will be located around a Medium Density Mixed -Use Neighborhood which has a Neighborhood Commercial Center or Community Commercial District as its Core. This provides nearby access to most things a resident or household needs on an everyday basis. The subject property is located near the edge of the City and Urban Growth Area. While there is a convenience commercial development at the corner of County Road 38E and Taft Hill Road, the property is located approximately two road miles from the nearest designated or developed Neighborhood Commercial area. This distance does not fit the description of Low Density Mixed Use Residential areas being in close proximity to commercial developments. Zoning: The property is currently zoned FA —Farming in Lorimer County. The requested zoning is LMN — Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City Structure Plan which designates theproperty Rural Open Lands and Stream (see attached Structure Plan map). There are two zoning districts which could implement the Structure Plan designation: UE — Urban Estate and RF— Residential Foothills, especially when this annexation is considered together with the proposed annexation to the south. Staff is recommending the RFzoning district. 201 April20, 1999 The purpose of the RFzoning district is for low density residential areas located near the foothills. In addition to the location of the property near the foothills, the presence of Spring Creek bisecting the property subject to the combined annexations and the designation of the northern portion as Rural Open Lands and Stream Corridors lends itself to a district that allows the clustering of residential units while maintaining an overall low density. The minimum lot area in the RFzoning district is 100, 000 square feet (2.29 acres). However, the Planning and Zoning Board can approve a development plan where lot sizes are reduced in order to cluster development on aportion ofthepropertywith the remainderpermanently preserved as public or private open space provided the overall density for the entire property is not greater than one unit per net acre. There are specific development standards in the Land Use Code for reviewing RF cluster plans. While the cluster plan would allow a higher density within the actual development than anticipated by the Urban Estate Structure Plan designation, the potential for clustering development and maintaining the area north ofSpring Creek in permanent open space clearly implements the intent of the Structure Plan. PLANNING AND ZONING BOARD RECOMMENDATION: On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the Council approve the request for annexation, deny the request for a City Structure Plan amendment and approve the zoning of RF — Residential Foothills. " ("Secretary's note: Action on the three items relating to the Wykoff-Larimer Second Annexation was postponed pursuant to a motion made and adopted in the agenda item relating to the Wykoff- Larimer First Annexation.) Items Relating to Various Council Liaison Assignments and Committee Appointments Adopted The following is staffs memorandum on this item. "Executive Summary A. Resolution 99-52 Making Board and Commission Liaison Assignments and Committee Appointments. B. Resolution 99-53 Approving and Endorsing the Appointment of a Councilmember to the Larimer County Fair Board. Following the Council reorganization meeting in April of odd -numbered years, Councilmembers decide which ofthe various board and commission liaison assignments and committee appointments 202 April20, 1999 are of interest to them as individuals. A Resolution has been prepared so that the names of individual Councilmembers can be inserted in the blank spaces. A Resolution has also been prepared regarding approval and endorsement of a Council representative on the Lorimer County Fair Board. Following adoption of the Resolution, a copy will be forwarded to the Larimer County Commissioners for their consideration and action. A grid reflecting current assignments, as well as a blank grid, are attached as planning tools for Council's use in determining assignments each Councilmember may be interested in assuming. " ("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.) Mayor Martinez explained the process to determine the committee assignments. Following is a listing of the Councilmembers selected to serve in committee and liaison assignments: Board and Commission Liaison Assi ents: Affordable Housing Board - Wanner Air Quality Advisory Board - Mason Art in Public Places Board - Weitkunat Building Review Board - Kastein Citizen Review Board - Wanner Commission on Disability - Byrne Commission on the Status of Women - Weitkunat CDBG Commission - Bertschy Cultural Resources Board - Weitkunat Election Board - Weitkunat Electric Board - Mason Golf Board - Bertschy Human Relations Commission - Bertschy Landmark Preservation Commission - Mason Library Board - Byrne Liquor/Massage Licensing Authority - Martinez Natural Resources Advisory Board - Bertschy Parks and Recreation Advisory Board - Bertschy Personnel Board - Martinez Planning and Zoning Board - Mason Retirement Committee - Martinez Senior Advisory Board - Martinez Telecommunications Board - Kastein Transportation Board - Kastein UGA Review Board - Mason 203 April20, 1999 Water Utility Board - Wanner Youth Advisory Board - Martinez Zoning Board of Appeals - Weitkunat Committee Assignments: CSU Liaison Committee - Bertschy and Byrne Disaster Council - Martinez Downtown Development Authority Board - Wanner, Bertschy (alternate) Ethics Review Board - Weitkunat, Wanner, Byrne, Kastein (alternate) Finance Committee - Wanner, Mason, Bertschy Forfeited Property Disposition Committee - Martinez Governance Committee - Weitkunat, Bertschy, Byrne Growth Management Committee - Warmer, Weitkunat, Mason Health and Safety Committee - Byrne, Wanner, Kastein Legislative Review Committee - Kastein, Weitkunat, Martinez North Front Range Transportation/Air Quality Council - Byrne, Kastein (alternate) Platte River Power Authority - Martinez Poudre Fire Authority Board of Directors - Wanner, Bertschy Poudre School District Liaison Committee - Martinez, Kastein Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution 99-52 with the insertion of the names listed above. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Resolution 99-53 with the insertion of Councilmember Weitkunat's name. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. 204 April20, 1999 Items Relating to the Keatine First Annexation and Zoning Adopted The following is stafYs memorandum on this item. "Executive Summary A. Resolution 99-42 SettingForth Findings ofFactandDeterminations Regarding theKeating First Annexation. B. First Reading of Ordinance No. 61, 1999, Annexing Property Known as the Keating First Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 62, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating First Annexation. This is an annexation and zoning of approximately 11.27 acres in size, located north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FA —Farming District in LarimerCounty. The recommendedzoning is the LMN— Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation. APPLICANT- Linda Ripley VF Ripley Associates 1113 Stoney Hill Drive Fort Collins, CO 80524 OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Erleen K Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Roger Nosker — 7603 Wakerobin, Parma, OH 44130 Shirley Nosker — 7603 Wakerobin, Parma, OH 44130 J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536 BACKGROUND: The Keating FirstAnnexation is approximately 11.27acres in size, located north of Trilby Road and west of Timberline Road. The site is currently zoned FA1—Farming in Lorimer County. A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the east was forwarded to the Board of County Commissioners on February 12, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 116 KIF Apri120, 1999 contiguity with the existing City limits. The Keating First Annexation and Zoning complies with this standard since the property has 638.72 feet of its total boundary of approximately 3,832.29 feet contiguous to the existing City limits. This meets the minimum 639.70 feet required to achieve 116 contiguity. Contiguity to existing City limits is gained from the common boundary to the west from the Union Pacific South Fourth Annexation (May 1988). The surrounding zoning and land uses as follows: N: FA - Farming District in Lorimer County - existing large acreage residential S: FA - Farming District in Larimer County - existing large acreage residential E: FA - Farming District - existing agricultural W.• RL Low Density Residential in the City of Fort Collins - single family residential (Paragon I and 2) Zoning and Analysis: The property is currently zoned FA-1 Farming District in Lorimer County. The requested zoning for this annexation is the LMN - Low Density Mixed Use Neighborhood District. There are numerous uses permitted in this District, subject to administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, apart of the Comprehensive Plan, suggests that a Low Density Mixed Use Residential Neighborhood is appropriate for this location. Staff is recommending that this property 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 signs because of their predominantly residential use and character. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION: On February 18, 1999, the Planning and Zoning Board, by a vote of 7-0, recommended that the Council approve the request for annexation and approve the zoning ofLMN—Low-Density Mixed Use Neighborhood. " Councilmember Weitkunat withdrew from the discussion of this item because of a potential conflict of interest resulting from her participation regarding this item as a member of the Planning and Zoning Board. ("Secretary's Note: Councilmember Weitkunat out of room.) �1 April20, 1999 Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Resolution 99-42. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 61, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 62, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Items Relating to the Keating Second Annexation and Zoning, Adopted The following is staff s memorandum on this item. "Executive Summary A. Resolution 99-43 SettingForth Findings offact andDeterminations Regarding the Keating Second Annexation. B. First Reading of OrdinanceNo.63,1999,AnnexingPropertyKnownastheKeatingSecond Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 64, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Keating Second Annexation. This is an annexation and zoning of approximately 26.43 acres in size, located north of Trilby Road and west of Timberline Road. The property is undeveloped and is in the FA —Farming District in Larimer County. The recommended zoning is the LMN— Low -Density Mixed Use Neighborhood. This is a 100% voluntary annexation. 207 April20, 1999 APPLICANT.- Linda Ripley VF Ripley Associates 1113 Stoney Hill Drive Fort Collins, CO 0524 OWNERS: Terry J. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Erleen K. Keating — 3219 Nelson Lane, Fort Collins, CO 80525 Roger Nosker — 7603 Wakerobin, Parma, OH 44130 Shirley Nosker — 7603 Wakerobin, Parma, OH 44130 J.J. Hendricks —1149 West County Road 82E, Livermore, CO 80536 BACKGROUND: The Keating Second Annexation is approximately 26.43 acres in size, located north of Trilby Road and west of Timberline Road. The site is currently zoned FAI — Farming in Lorimer County. A combined Annexation Impact Report for this annexation as well as the adjacent annexation to the south was forwarded to the Board of County Commissioners on February 12, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 116 contiguity with the existing City limits. The Keating Second Annexation and Zoning complies with this standard since the property has 1, 658.15 feet of its total boundary of approximately 5,903.97 feet contiguous to the existing City limits. This exceeds the minimum 984. 00feet required to achieve 116 contiguity. Contiguity to existing City limits is gained from the common boundary to the west from the Keating First Annexation, which achieved its contiguity through the Union Pacific South Fourth Annexation (May 1988) to the west. The surrounding zoning and land uses as follows N.• FAI - Farming District in Larimer County - existing large acreage residential S: FAI - Farming District in Lorimer County - existing large acreage residential E: FAI - Farming District - existing agricultural W.- RL Low Density Residential in the City of Fort Collins - single family residential (Paragon 1 and 2) KIM April20, 1999 Zoning and Analysis: The property is currently zoned FA-1 Farming District in Lorimer County. The requested zoning for this annexation is the LAM - Low Density Mixed Use Neighborhood District. There are numerous uses permitted in this District, subject to administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, apart ofthe Comprehensive Plan, suggests that a Low Density Mixed Use Residential Neighborhood is appropriate for this location. Staffis recommending that this property 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 signs because of their predominantly residential use and character. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION: On February 18, 1999, the Planning and Zoning Board, by a vote of 7-0, recommended that the Council approve the request for annexation and approve the zoning ofLMN—Low-Density Mixed Use Neighborhood. " ("Secretary's Note: Councilmember Weitkunat out of room.) Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution 99-43. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Councilmember Wannermade amotion, seconded by CouncilmemberBertschy, to adopt Ordinance No. 63, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 64, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmember Weitkunat withdrawn) THE MOTION CARRIED. 209 April20, 1999 ("Secretary's Note: Councilmember Weitkunat returned to the meeting at this point.) Other Business Councilmember Mason spoke regarding a complaint by the residents of the Harmony Mobile Home Park that their leases specify that the management must review all sales of all homes and that the management company is in the business of selling mobile homes. He asked if legal staff could review the situation. City Attorney Roy stated that he would discuss the matter with Councilmember Mason to determine if there are any issues affecting the City and noted that this may be a private matter between the parties. The meeting adjourned at 8:25 p.m. ATTEST: Adiournment 210