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HomeMy WebLinkAboutMINUTES-08/17/1999-RegularAugust 17,1999 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 Cityof Fort Collins was held on Tuesday, August 17, 1999, 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: Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Councilmembers Absent: Bertschy. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Al Baccili, 520 Galaxy Court, spoke in opposition to the fee paid to vendors for collecting sales tax and asked the Council to take action to eliminate the fee or refer the matter to a vote of the people. RandyFischer, 3007 Moore Lane, Natural Resources AdvisoryBoard member, opposed construction of a minor league baseball stadium in the river corridor/floodplain on City property at the Northside Aztlan site. He asked about a letter written by Mayor Martinez to DDA concerning a partnership between the City and DDA to accomplish the project, and he asked for clarification regarding the position of staff and Council with regard to the project. He stated that any approval of such a project would likely be referred to the ballot by citizen petition and that the use of public monies for the project would not be appropriate. Chuck Patton, 1300 Green Gables Court, requested that letters written to City Council be answered by Councilmembers rather than the City Manager. He asked if the new City office building has been designed to be expanded in the future. Citizen Participation Follow-up Councilmember Byrne asked if the new City building will be expandable and what the building's life expectancy will be. City Manager Fischbach stated that the building will not be expandable but that the site is expandable and noted that the building has a five-year life expectancy. Frank Bruno, Assistant City Manager, stated that the building is expected to have expansion capability for about five years, which is the industry standard. 413 August 17, 1999 Councilmember Byrne spoke regarding the process for responding to mail received by the Council. Councilmember Mason requested an update regarding the stadium issue and asked ifpublic land will be exchanged or donated for the project. City Manager Fischbach explained that the DDA voted at its last meeting to look at the Northside Aztlan Center site, that the letter sent from the Mayor to the DDA stated the intent of the City to explore the proposal as it would any other proposal, that no land exchange or land donation is under consideration, and that there is no plan to invest any additional public monies in the project. Councilmember Wanner stated that the preliminary DDA discussions regarding the project have been taken out of context and that misinformation has been presented. He invited the public to attend DDA meetings to learn the facts. City Manager Fischbach emphasized that the City is not involved in this project at this point because it is a DDA project. Councilmember Byrne spoke regarding his understanding that the project is in a very preliminary, exploratory stage and stated that a series of meetings has been held between Jay Hardy and Councilmembers. Mayor Martinez asked about the vendor fee cap. Alan Krcmarik explained sales tax collections and the vendor fee cap policy. Agenda Review City Manager Fischbach stated that there will be an Other Business item regarding the truck route petition. An unidentified member of the audience requested that item #18Items Relating to the Willow Brook Second Annexation and Zoning be withdrawn from the Consent Calendar. CONSENT CALENDAR Second Reading of Ordinance No.122,1999 Appropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Building Community Choices Streets and Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason Street Transportation Corridor Coital Project. Ordinance No. 122, 1999, which was unanimously adopted on First Reading on August 3, 1999, appropriates revenue dedicated to the project to fund an addendum to the scope of work for Balloffet for a vehicle intercept origin and destination survey, a transit on -board survey, and a special generator study for Colorado State University. 414 August 17, 1999 Second Reading of Ordinance No. 123, 1999 Appropriating Unanticipated Revenue in the Capital Proiects Fund Minor Streets Capital Project to Be Used to Upgrade Crossing Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad Crossing. On August 3, 1999, Council unanimously adopted Resolution 99-95 authorizing the City Manager to enter into an agreement with Colorado Department of Transportation (CDOT), and the Burlington Northern and Santa Fe Railway Company (BNSF), for upgrading the crossing warning devices at the West Drake Road and BNSF crossing. Ordinance No. 123, 1999, which was also unanimously adopted on First Reading on August 3,1999, appropriates the $169,413 in Federal Funds budgeted towards the project in to the City's Minor Streets Capital Project in the Capital Projects Fund. 9. Second Reading of Ordinance No. 124 1999 Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Local and Regional Transportation Demand Management Programs. Ordinance No. 124, 1999, which was unanimously adopted on First Reading on August 3, 1999, appropriates unanticipated revenue and prior year reserves to be used by the City of Fort Collins and the North Front Range Transportation and Air Quality Planning Council ("NFRT&AQPC") to promote the use of alternative transportation and raise awareness of air quality issues and steps that can be taken by citizens to help preserve good air quality. The monies are part of a state grant of federal transportation dollars allocated to the City of Fort Collins by the NFRT&AQPC. 10. Items Relating to Calling a Special Election for November 2 1999 and Placing Proposed Charter Amendments on Said Ballot. A. Second Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Latimer County Coordinated Election. B. Second Reading of Ordinance No. 126,1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. C. Second Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and Referendum. 415 August 17, 1999 D. Second Reading of Ordinance No. 128,1999, Submitting to a Vote of the Registered Electors of the City ofFort Collins Proposed Amendments to Article IX, Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a Recall Election. E. Second Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Pertaining to the Appearance of Names on Election Ballots. F. Second Reading of Ordinance No. 130,1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict of Interest Rules. Ordinance No. 125, 1999, which was unanimously adopted on August 3, 1999, calls a Special Municipal Election to be held in conjunction with the November 2, 1999 Latimer County Coordinated Election. The remaining Ordinances, which were all unanimously adopted on First Reading on August 3, 1999, place individual Charter amendments on the Special Election ballot. The proposed Charter amendments were considered by the Council Governance Committee, which recommended they be forwarded to the Council for consideration for placement on the ballot. 11. Second Readins of Ordinance No. 131, 1999 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force For the past twelve years, Fort Collins Police Services has applied to the Colorado Division of Criminal Justice for federal drug grant monies to help fund the investigation of illegal narcotics activities. Fort Collins is once again joined with other members of the Drug Task Force, to include the Loveland Police Department, Larimer County Sheriff's Department and the Colorado State University Police Department, in one application for funding of the multijurisdictional drug task force to be administered by the City of Fort Collins. As administrator of the 1999-2000 grant, Police Services will assure funding to other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $295,506. The participating agencies will be providing matching funds in the amount of $295,506. A portion of the $295,506 match will consist of $32,712 from participating agencies so as to fund training and equipment needs. Fort Collins portion of the match is $129,399. This match is met via the budgeted salary and fringe benefits ($117,931) of existing Fort Collins Police Services personnel currently assigned to the Drug Task Force and $11,468 earmarked for Fort Collins Polices Service's 416 August 17, 1999 share of equipment and training costs. Ordinance No. 131,1999, was unanimously adopted on First Reading on August 3, 1999. 12. Second Readine of Ordinance No. 132 1999 Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Ca itan 1 Project to Be Used to Install New Crossing Warning Devices at the Larimer County Road 32 And Union Pacific Railroad Crossing. On August 3, 1999, Council unanimously adopted Resolution 99-96 authorizing the City Manager to enter into an agreement with the Colorado Department of Transportation (CDOT), and the Union Pacific Railroad Company (UPRR), is for installation of crossing warning devices at the Larimer County Road 32 and UPRR crossing. Also on August 3, 1999, Council unanimously adopted Ordinance No. 132, 1999, appropriating Federal Funds budgeted towards the project in to the City's Minor Streets Capital Project in the Capital Projects Fund. 13. Second Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning CenterNisitor Center Project Resolution 99-97, which was unanimously adopted August 3, 1999, authorizes the Mayor to enter into an Intergovernmental Agreement with CSU. The agreement specifies the term of the Agreement (50 years) and sets out the respective rights and responsibilities of the parties regarding the leased space. The Agreement also sets forth certain terms and conditions between the City and the University regarding the development of the Center. Ordinance No. 133,1999, which was also unanimously adopted on First Reading on August 3, 1999, conveys an easement to CSU on City property (roughly %a acre on the Resource Recovery Farm). The purpose of the easement is to allow CSU to develop a parking lot that will serve both the Center, and the Geologic Gardens (Rock Park — described in detail at the end of this summary). The 2-acre Rock Park will be located adjacent to the parking lot and the Center, and will be developed in 2000 and 2001. 14. First Reading of Ordinance No. 134, 1999 Approving the Terms of the Lease for the City's Lease of the Building at 220 East Olive Street/235 Mathews Street Fort Collins Colorado In order for this property to remain tax exempt, state law requires that the Council approve the terms of the lease by Ordinance. The City's Transportation Department leases the building at Olive and Mathews Streets. The current lease expires August 31, 1999. Staff has renegotiated the lease to continue until the Transportation Department moves into the new City office building upon its completion. 417 August 17, 1999 The term of this Lease Agreement commences on September 1, 1999 and continues until August 31, 2002, with the City having the option to terminate at any time with a six-month notice of termination. The lease is for 10,384 square feet of office space and 2,040 square feet of warehouse space. The gross rental for this facility is $11,624.17 per month. This breaks down to $12.50/square foot for the office space, which is comparable to other downtown office gross leases, and $4.50/square foot for the warehouse space, which is comparable to warehouse leases in Fort Collins. Expenses paid by the Landlord are structural insurance, building and grounds maintenance, custodial, and utilities. The only other City responsibility will be for personal property insurance. The lease will be increased by the annual Consumer Price Index at the end of each year. 15. First Reading of Ordinance No. 135,1999 Designating the Harden House 227 Wood Street Fort Collins. Colorado, as a Historic Landmark Pursuant to Chanter 14 of the City Code The owner of the property, Dr. David Rowan, is initiating this request for Local Landmark designation for the Harden House. The building is significant for its architectural importance, as a representative example ofvemacular residential architecture in Fort Collins, typical of the turn of the century. 16. First Reading of Ordinance No. 136.1999. Approving and Authorizing the City to Enter into Agreements in Connection with the Execution and Delivery of Lease Certificates of Participation for Street and Recreational Facility Improvements The GID and Golf Fund projects will be financed through the use of a non-profit corporation, the Fort Collins Capital Leasing Corporation. This is similar to the financing used for the parking structure and future City office building. Through a lease -leaseback arrangement, the City will lease the existing police station (a 24,220 square foot building located at the southeast corner of LaPorte Avenue and Howes Street) and the adjacent parking lot to the Fort Collins Leasing Corporation under a 30-year site lease. The Corporation will then lease the properties back to the City for a term of 20 years. The actual financing will be accomplished through the sale of certificates of participation (COPS). Upon payment in full of the Certificates of Participation, the site lease will be terminated. The financing term will be 20 years. The average life of the COPS is expected to be between ten and eleven years. The City expects to pay interest on the lease semi-annually, at an estimated rate of 5.50%. Principal payments will be made annually. The Bank of Cherry Creek was selected to serve as the trustee for this transaction. The Trustee will be assigned all rents to the Corporation from the City and the Trustee will make payments to the investors that purchase the certificates of participation in the lease purchase transaction. M August 17, 1999 17. Items Relating to the Willow Brook First Annexation and Zoning A. Resolution 99-102 Setting Forth Findings of Fact and Determinations Regarding the Willow Brook First Annexation. B. First Reading of Ordinance No. 137,1999, Annexing Property Known as the Willow Brook First Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 138,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook First Annexation. This is an annexation and zoning of approximately 39.41 acres of privately owned property located west of County Road 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Latimer County. The recommended zoning is the LMN — Low -Density Mixed Use Neighborhood District. This is a 100% voluntary annexation. APPLICANT: Tom Iskiyan-Chateau Development Company 8101 East Prentice Avenue, Suite 815 Greenwood Village, CO 80111 OWNERS: Thomas Morroni-H.H. Investment Company P.O. Box 16383 Denver, CO 80216 18. Items Relating to the Willow Brook Second Annexation and Zoning. A. Resolution 99-103 Setting Forth Findings of Fact and Determinations Regarding the Willow Brook Second Annexation. B. First Reading of Ordinance No. 139, 1999, Annexing Property Known as the Willow Brook Second Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 140, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook Second Annexation. 419 August 17, 1999 This is an annexation and zoning of approximately 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN — Low -Density Mixed Use Neighborhood District. This is a 100% voluntary annexation. APPLICANT: Tom Iskiyan-Chateau Development Company 8101 East Prentice Avenue, Suite 815 Greenwood Village, CO 80111 OWNERS: Thomas Morroni Electrical Equipment Sharing Trust P.O. Box 16383 Denver, CO 80216 Engineering Company - Employee Profit 19. First Reading of Ordinance No. 141, 1999, Authorizing the Conveyance of a 2.18 Acre Parcel to Huntington Hills of Colorado. LLC. in Exchange for Approximately 20 Acres of Natural Area Property Near Mail Creek and Fossil Creek This Ordinance authorizes a land exchange between the City of Fort Collins and Huntington Hills of Colorado, LLC. As a result of the exchange, Huntington Hills will continue to own a 12-acre parcel of land to be developed as the 7th filing of the Huntington Hills development. The City will own a 30-acre parcel of land along Fossil Creek and Mail Creek that will be incorporated into the Natural Areas System. The exchange provides for the consolidation of natural areas along the creeks, enables a wider buffer zone between development and the creeks, and facilitates future plans for public trails, environmental interpretation, and habitat enhancement in the vicinity. The agreement also provides for appropriate street and utility easements for the future development of the land retained by Huntington Hills. 20. Resolution 99-104 Reestablishing the Amount of the Telephone Exchange Access Facility Charge for the Larimer Emergency Telephone Authority Effective January 1 2000 The Larimer Emergency Telephone Authority (LETA) was created pursuant to C.R.S. Section 29-11-101 by an intergovernmental agreement between the City of Fort Collins and nineteen (19) other governmental entities in Larimer County. The telephone exchange access facility charge of fifty cents ($.50) per month became effective January 1, 1991, by approval of the Fort Collins City Council. This fee remained the same each year by annual approval of the LETA Board, until 1998 when the fee was 420 August 17, 1999 decreased by 10% to the current forty-five cents ($.45). At the most recent LETA Board meeting it was decided that in view of the future need to provide technical equipment to 911 Centers for locating wireless 911 callers, the telephone exchange access charge of forty-five cents ($.45) per month should remain in place. The LETA Board has agreed to regularly review the charge in hopes of lowering it again in the future. This surcharge to telephone subscribers is necessary to continue to adequately fund the Emergency 911 telephone service in the City of Fort Collins throughout 2000. 21. Resolution 99-105 Authorizing the Mayor to Execute an Intergovernmental Agreement Among Larimer County, Weld County, and the Cities of Fort Collins. Loveland and Greeley Concerning the Cache La Poudre Commission. This Resolution authorizes the Mayor to execute an Intergovernmental agreement between Larimer County, Weld County, and the cities of Fort Collins, Loveland, and Greeley endorsing recommended appointments to the Cache la Poudre Commission. 22. Resolution 99-106 Concerning_Aoroval of Revocable Permit Agreement Between the City and McLeodUSA Telecommunication Services, hic. Relating to the Installation of a Fiber Optic Cable in Certain City Streets and Rights -of -Way. McLeodUSA Telecommunication Services, Inc. ("McLeodUSA") is a telecommunications carrier that provides telecommunication services throughout the State of Colorado and is currently constructing a fiber optic telecommunications system in the State. City staff and McLeodUSA have negotiated a proposed Revocable Permit Agreement, which is attached as Exhibit `B" to the Resolution (the "Agreement'), that would grant to McLeodUSA a revocable permit, as provided in Section 10 of Article XI of the City Charter. The revocable permit would authorize McLeodUSA to install and maintain underground a fiber optic cable within certain City streets and rights -of -way (as shown on the map attached as Exhibit "A" to the Resolution). 23. Routine Easement. A. Temporary construction easement from R.E.L.M. ofFort Collins, LLC, located north of Mountain Vista Drive and east of County Road 11. Monetary consideration: $0. 421 August 17, 1999 Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No.122,1999 Anroropriating Prior Year Reserves in the Sales and Use Tax Fund for Transfer to the Building Community Choices Streets and Transportation Capital Projects Fund and Appropriating Funds Therein for the Mason Street Transportation Corridor Capital Project. 8. Second Reading of Ordinance No. 123 1999 Appropriating Unanticipated Revenue in the Capital Projects Fund Minor Streets Capital Project to Be Used to Upgrade Crossing Warning Devices at the West Drake Road and Burlington Northern Santa Fe Railroad Crossing. Second Reading of Ordinance No. 124 1999 Appmpriating Unanticipated Revenue and Prior Year Reserves in the Transportation Services Fund and Authorizing the Transfer of Appropriations Between Funds for the Local and Regional Transportation Demand Management Programs. 10. Items Relating to Calling a Special Election for November 2. 1999 and Placing Proposed Charter Amendments on Said Ballot. A. Second Reading of Ordinance No. 125, 1999, Calling a Special Municipal Election to be Held in Conjunction with the November 2, 1999 Larimer County Coordinated Election. B. Second Reading of Ordinance No. 126,1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Articles IX and X of the City Charter, Pertaining to Petition Circulators. C. Second Reading of Ordinance No. 127, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article X of the City Charter, Pertaining to Initiative and Referendum. D. Second Reading of Ordinance No. 128, 1999, Submitting to a Vote of the Registered Electors of the City ofFort Collins Proposed Amendments to Article IX, Section 1(b) of the City Charter, Pertaining to the Commencement of Recall Proceedings and the Scheduling of a Recall Election. E. Second Reading of Ordinance No. 129, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to Article VIII of the City Charter Pertaining to the Appearance of Names on Election Ballots. 422 August 17, 1999 F. Second Reading of Ordinance No. 130, 1999, Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article IV, Section 9 of the City Charter Exempting Special Purpose Committees from Conflict of Interest Rules. 11. Second Reading of Ordinance No. 131 1999 Appropriating Unanticipated Revenue in the General Fund and Authorizing the Transfer ofAppropriated Amounts Between Accounts and Projects for the Multi -Jurisdictional Drug Task Force. 12. Second Readine of Ordinance No. 132, 1999 Appropriating Unanticipated Revenue in the Capital Proiects Fund Minor Streets Capital Project to Be Used to Install New Crossing Warning Devices at the Latimer County Road 32 And Union Pacific Railroad Crossing 13. Second Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning Center/Visitor Center Proiect Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 14. First Reading of Ordinance No. 134 1999 Approving the Terms of the Lease for the City's Lease of the Building at 220 East Olive Street/235 Mathews Street Fort Collins Colorado 15. First Reading of Ordinance No. 135,1999, Designating the Harden House 227 Wood Street Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code 16. First Reading of Ordinance No. 136,1999, Approving and Authorizing the City to Enter into Agreements in Connection with the Execution and Delivery of Lease Certificates of Participation for Street and Recreational Facility Improvements 17. Items Relating to the Willow Brook First Annexation and Zoning A. First Reading of Ordinance No. 137,1999, Annexing Property Known as the Willow Brook First Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 138,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook First Annexation. 423 August 17, 1999 18. Items Relating to the Willow Brook Second Annexation and Zoning. A. First Reading of Ordinance No. 139, 1999, Annexing Property Known as the Willow Brook Second Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 140,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook Second Annexation. 19. First Reading of Ordinance No. 141, 1999, Authorizing the Conveyance of a 2.18 Acre Parcel to Huntington Hills of Colorado. LLC. in Exchange for Aproroximately 20 Acres of Natural Area Property Near Mail Creek and Fossil Creek. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Mason noted that he had asked for an explanation of the public monies being used in relation to item #13 Second Reading of Ordinance No. 133, 1999, Authorizing the Conveyance of a Non -Exclusive Easement for Parking to Colorado State University Through the State Board of Agriculture in Connection with the Environmental Learning Center/Visitor Center Project. Councilmember Mason asked whether the Golf Fund will pay back all costs in relation to item #16 First Reading of Ordinance No. 136, 1999, Approving and Authorizing the City to Enter into Agreements in Connection with the Execution and Delivery of Lease Certificates of Participation for Street and Recreational Facility Improvements. City Manager Fischbach stated that the Golf Fund will pay back all costs. Councilmember Reports Councilmember Byrne reported on the discussions of the North Front Range Transportation and Air Quality Planning Council relating to the trend toward allocation of State transportation funding to the Denver metropolitan area and away from outlying areas. He noted that there will be a meeting on September 2 relating to the transportation alternatives feasibility study. Mayor Martinez reported on the Legislative Review Committee's discussions regarding future legislative issues. 424 August 17, 1999 Items Relating to the Willow Brook Second Annexation and Zoning, Adopted on First Reading The following is staffs memorandum on this item. "Executive Summary A. Resolution 99-103 Setting Forth Findings ofFact and Determinations Regarding the Willow Brook Second Annexation. B. First Reading of Ordinance No. 139, 1999, Annexing Property Known as the Willow Brook Second Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 140, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook Second Annexation. This is an annexation and zoning of approximately 75.22 acres ofprivately owned property located west of County Road 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Lorimer County. The recommended zoning is the LMN— Low - Density Mixed Use Neighborhood District. This is a 100% voluntary annexation. APPLICANT.- Tom Iskiyan-Chateau Development Company 8101 East Prentice Avenue, Suite 815 Greenwood Village, CO 80111 OWNERS: Thomas Morroni Electrical Equipment Engineering Company - Employee Profit Sharing Trust P.O. Box 16383 Denver, CO 80216 BACKGROUND: The Willow Brook Second Annexation is approximately 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The site is currently zoned FA - Farming in Larimer County. An Annexation Impact Report for this was forwarded to the Board of County Commissioners on July 15, 1999. 425 August 17, 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 Willow Brook Second Annexation is eligible for annexation according to the Colorado Annexation Act, which requires 116 contiguity to city limits (subject to second reading of Willow Brook First Annexation 8-99). The Willow Brook Annexation complies with this standard since the property has 2,626.76 feet of its total boundary of approximately 9,246.59 feet contiguous to City limits. This meets the minimum 1,541.10 feet required to achieve 116 contiguity. This contiguity occurs through a common boundary with Willow Brook First Annexation, which achieved its contiguity through a common boundary with the Johnson -Harmony Annexation (effective September 17, 1999) to the north. Further, the annexation is consistent with the Fossil Creek Reservoir Plan, which requires certain property to be annexed prior to development. The surrounding zoning and land uses as follows N. FA-1 Farming District in Larimer County — agricultural (effective July 30, 1999, HC — Harmony Corridor District) S. FA-1 Farming District in Larimer County — agricultural E: FA-1 Farming District — existing large acreage residential W.• FA-1 Farming District in Larimer County — agricultural Zoning and Analysis: The property is currently zoned FA-1 Farming District in Larimer 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 City Plan, suggests that LMN— Low-Density Mixed Use Neighborhood District zoning is appropriate for this location. PLANNING AND ZONING BOARD RECOMMENDATION: On July 1, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the Council approve the request for annexation and approve the zoning LMN - Low -Density Mixed Use Neighborhood District. " John Hatfield, 5505 South County Road 7, expressed the following concerns about the proposed annexation: (1) no wildlife impact studies have been done; (2) no historical study was done, and the property is the location of an old homestead and the graves of Indians and settlers; and (3) a confidential memo written by the City Attorney's office regarding the annexation contains inaccuracies pertaining to his adjoining private airport, which would be seriously impacted by the annexation. 426 August 17, 1999 Robert Palmer, 4000 East County Road 36, presented a petition opposing the annexation from residents along CountyRoad 7 and spoke regarding several historic cabins and Indianburial grounds and battlefields in areas near the proposed annexation. He asked for caution with developments in the area. Mayor Martinez asked if the property included in the annexation is a historic site. Bob Blanchard, Director of Current Planning, stated that a historical study is not normally done at the time of annexation and that such a study is part of the later development review process. He noted that neighborhood meetings are held prior to submittal. City Manager Fischbach stated that annexation of the properties would be a benefit to the historic properties because the City has ordinances and procedures while the County does not. He noted that a wildlife study would also be done at the time of development Blanchard stated that staff has the authority to request additional studies as part of the development review process. City Attorney Roy stated that he would be willing to meet with Mr. Hatfield prior to Second Reading of the ordinances to discuss the issues raised. Councilmember Kastein asked about the issue of the private airport on Mr. Hatfield's property. Blanchard stated that staff is aware of Mr. Hatfield's claims regarding the private airport and that the issue relates to protecting flight patterns and accessibility to runways. Councilmember Kastein asked how zoning recommendations are made. Blanchard stated that zoning districts are determined by the Structure Plan designations. Councilmember Kastein suggested that the City Attorney work with Mr. Hatfield regarding the private airport issues. Councilmember Mason asked that staff review the information Mr. Hatfield has available from the federal and state governments and determine whether or not these governmental entities consider this to be a private airport. City Attorney Roy stated that he would meet with Mr. Hatfield to understand the issue from his perspective. Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Resolution 99-103. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Byrne made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 139, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. 427 August 17, 1999 THE MOTION CARRIED. Councilmember Byrne made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 140, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Resolution 99-107 Relating to a Citizen Initiated Ordinance Relating to the Relocation of Colorado Highway 14 Truck Route Outside the City of Fort Collins' Current Urban Growth Area Adopted The following is staff's memorandum on this item. "Executive Summary A. First Reading of OrdinanceNo.142,1999,ApprovingtheRelocationofColoradoHighway 14 Truck Route Outside the City of Fort Collins' Current Urban Growth Area and Approving Certain Measures in Support Thereof. -or- B. Resolution 99-107 Submitting a Citizen Initiated Ordinance to a Vote of the Registered Electors of the City at the Special Municipal Election on November 2, 1999. On August 10, 1999, the City Clerkreceived a petition requesting that Council submit to the electors a Citizen Initiated Ordinance relating to the relocation of Colorado Highway 14 Truck Route outside the City of Fort Collins' current Urban Growth Area. On August 13, the petition was certified as insufficient, and the petition representatives withdrew the petition with the intent of amending it within fifteen (15) days, as provided by the City Charter. An amended petition was submitted on August 16, 1999. The City Clerk verified that the amended petition contained sufficient signatures for presentation of the petition to Council and to require submission of the measure to a vote of the people at a Special Municipal Election. The petition contains the signatures of at least 4,280 registered city electors, which is 15% of the total number of ballots cast at the 1999 Regular Municipal Election. Article X of the City Charter requires that the Council either adopt the Citizen Initiated Ordinance without alteration within 30 days of the date of the presentation of the City Clerk's certification of a valid petition to the Council, or submit it to a vote at a Special Municipal Election to be held 428 August 17, 1999 within 120 days, unless any other regular ofspecial city election is to occur within said period, in which case the initiative measure shall be consolidated with such other election. At its August 3, 1999 regular meeting, Council adopted on first reading Ordinance No. 125, 1999, calling a Special Municipal Election to be held in conjunction with the November 2, 1999 Larimer County Coordinated Election. " City Manager Fischbach presented background information regarding the item. Betty Aragon, Buckingham resident, expressed concerns about the representative process regarding the truck route and the continuation of debate about the Vine route in spite of the two votes taken by Council to reject that alternative. She spoke in support of locating the truck route outside of the Urban Growth Area. Lou Stitzel, 521 East Laurel, spoke regarding the need to work as a unified community to find a solution to remove trucks from the downtown. Kathy Dwyer, 1725 Linden Lake Road, supported the ballot measure and spoke regarding the negative impacts of locating the truck route on the Vine alternative. Councilmember Byrne noted questions about the fiscal element of the initiative, including when development would be precluded because adequate facilities are not in place in the northeast quadrant, the $20 million funding gap for Vine as an arterial street, the lack of available funding for a northern bypass, and other funding needs of the City. He commented that the initiative fails to address how a northern bypass would be funded and forces City problems out into the County. Councilmember Kastein asked about the issues to be voted upon. City Attorney Roy stated that under the City Charter the Council must adopt either the ordinance or the resolution. Councilmember Kastein asked about the provision of public facilities prior to development. City Manager Fischbach stated that adequate public facilities must be in place prior to development taking place and that at some point Vine will fail from a transportation standpoint. Councilmember Weitkunat made a motion, secondedby Councilmember Mason, to adopt Resolution 99-107. Councilmember Byrne noted that Council has an opportunity to adopt the Ordinance and asked why Councilmembers opposed to the Vine route would not be in support of the Ordinance. Councilmember Weitkunat stated that the Ordinance leaves unanswered questions and includes inappropriate language, and the resolution submits the Ordinance to the citizens for their decision. 429 August 17, 1999 Councilmember Kastein stated that he would not support adoption of the Ordinance because he has not had an opportunity to study the Ordinance, that he would prefer to hear staff input regarding the Ordinance prior to consideration, and that much debate will occur on the issue prior to the election. Councilmember Weitkunat spoke regarding the citizen initiative process. Mayor Martinez stated that he would be supporting adoption of the resolution. The vote on the motion to adopt Resolution 99-107 was as follows: Yeas: Councilmembers Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: Councilmember Byrne. THE MOTION CARRIED. Other Business City Manager Fischbach stated that the Colorado Municipal League has notified the City that two Policy Committee representatives need to be appointed. Councilmember Mason made a motion, seconded by Councilmember Wanner, to appoint Mayor Martinez and City Manager Fischbach as the City's representatives on the CML Policy Committee. The vote on the motion was as follows: Yeas: Councilmembers Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Byrne requested that Council direct the staff to begin working with the affected BAVA neighborhoods regarding the planning process for building Vine as an arterial street without state funds and infrastructure improvements that could be done with state funds. Mayor Martinez spoke in favor of an open dialogue with all of the potentially affected neighborhoods. Councilmember Byrne spoke regarding the need for a Council retreat. Councilmember Mason requested that the retreat not be held on the Labor Day weekend. City Manager Fischbach stated that staff will poll the Council to find a date that works. 430 The meeting adjourned at 7:25 p.m. ATTEST: City Clerk Adjournment Mayor August 17, 1999 431