HomeMy WebLinkAboutMINUTES-11/07/1995-RegularI
November 7,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, October 17, 1995,
at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Apt, Janett, Kneeland, McCluskey, Smith and Wanner.
Councilmembers Absent: Mayor Azari
Staff Members Present: Davis, Fischbach and Roy.
Citizen Participation
Yolanda C. Nicely-Dagle, 300 E. Harmony Road and representing the trucking industry, spoke in
opposition of rerouting truck traffic through downtown because it would add extra miles driven by
truckers.
' Al Bacilli, 520 Galaxy Court, emphasized the need for additional Police Officers on the street and
opposed the radar "spying" machines.
Council Follow-up
Councilmember Apt responded to Mr. Bacilli's concerns, noting photo radar would be operated by
a Police Officer and briefly explained its purpose and operation.
Mayor Pro Tern Janett stated she was an advocate of photo radar, noting it has not yet been approved
and is currently under study.
Staff Reports
City Manager Fischbach spoke of the cost for tree branch pick-up, clarifying that the total cost would
be $1M, $700,000 unbudgeted and $300,000 would be used from the 1996 Forestry budget.
Agenda Review
City Manager Fischbach requested that Item #14, First Reading of Ordinance No. 136, 1995,
Amending Articles III, IV and V of Chapter 26 of the Code of the City of Fort Collins Relating to
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November 7, 1995
Promulgation of Rules and Regulations Concerning Standard Specifications for Construction of '
Water and Sewer Lines, be withdrawn from the agenda due to the need for further outreach.
Kelly Ohlson, 2040 Bennington Circle, requested that Item #16, First Reading of Ordinance No.
138, 1995, Appropriating Prior Year Reserves in the Streets Department Portion of the
Transportation Services Fund to be Used for Clean Up Costs Associated With the September
Snowstorm, be pulled from the Consent Calendar.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #22, Public Pulled Consent Items.
8. Second Reading of Ordinance No 124 1995 Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds,
Ordinance No. 124, 1995, which was unanimously adopted on First Reading on October 17, '
1995, appropriates prior year reserves and unanticipated revenue in various City funds; and
authorizes the transfer of appropriated amounts between funds. The City Charter authorizes
the City Council to provide by ordinance for payment of any expense from prior year
reserves. It also authorizes the City Council, after the expiration of eight months of the
budget year, to appropriate actual revenue realized in excess of budget estimates. The
Charter also authorizes the City Council to appropriate unanticipated revenue received as a
result of rate or fee increases or new revenue sources. Additionally, it authorizes the City
Council to transfer any unexpended appropriated amounts from one fund to another upon
recommendation of the City Manager provided the purpose for which the transferred funds
are to be expended remains unchanged or the purpose for which they were initially
appropriated no longer exists.
9. Second Reading of Ordinance No 125 1995 Amending Chapter 10 Article II Regarding
Flood Hazard Areas.
Council has adopted Chapter 10, Flood Prevention and Protection, establishing the
regulations for floodplains within the City of Fort Collins. Chapter 10 was originally
adopted in 1979 as a condition for the City to be eligible for participation in the National
Flood Insurance Program (NFIP).
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November 7, 1995
' The Code revisions are required by the Federal Emergency Management Agency (FEMA)
to bring the City into compliance with the 1995 Revised Flood Insurance Study (FIS) done
by FEMA for the City. Additionally, the proposed revisions clarify areas where the Code is
ambiguous and clarifies verbiage or changes to reflect current operations to meet the
objectives of the Code in the floodplain management area. The examples of revisions are:
clarifying requirements for a Floodplain Use Permit, clarifying the definitions with regard
to floodplain management terminology, correcting outdated references, expanding the
regulation of hazardous materials, cumulative substantial improvements to existing
structures, and the location of critical facilities in the floodplain, updating the fee for
floodplain use permitting and variance procedures, and clarifying specific building and
development standards in floodplains. Ordinance No. 125, 1995, which was unanimously
adopted on First Reading on October 17, 1995 amends Chapter 10, Article II, of the City
Code.
10. Second Reading of Ordinance No. 126, 1995 of the Council of the City of Fort Collins
Appropriating Unanticipated Revenue in the General Fund for Police Services 1996 Drunk
Driving Enforcement Program.
For the third consecutive year, Police Services has been awarded a grant, this year totaling
$55,000, from the Colorado Department of Transportation, Office of Transportation Safety
for funding a Law Enforcement Assistance Fund project for the prevention of drunken
driving and the enforcement of laws pertaining to driving under the influence of alcohol or
other drugs. Ordinance No. 126, 1995 was unanimously adopted on First Reading on
October 17, 1995.
11. Second Reading of Ordinance No. 127. 1995 Appropriating Unanticipated Revenue in the
General Fund for the Fort Collins Police Services Substance Abuse Prevention Program.
Police Services has been awarded a grant totalling $51,600 from the Colorado Department
of Transportation for the prevention of substance abuse. This prevention program targets
underage drinking by utilizing student involvement, education, and enforcement.
This grant provides for 100% of the expenses of the program.
Ordinance No. 127, 1995 was unanimously adopted on First Reading and appropriates
$51,600 in grant funds for expenditure in the Police Services Substance Abuse Prevention
Program.
12. Second Reading of Ordinance No. 135, 1995, Vacating a Portion of Street Right -of -Way for
Redwood Street between Conifer Street and Willox Lane and Retaining the Same for Utility
and Drainage Easement Purposes.
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November 7, 1995
The owners of the properties adjacent to Redwood Street between Conifer Street and Willox '
Lane have requested the vacation of excess right-of-way on the east side of Redwood Street.
Ordinance No. 135, 1995, which was unanimously adopted on First Reading on October 17,
1995 approves the street right-of-way vacation.
Second13. Reading of Ordinance No.•' • Vanager to-Enterinto .n
Productions.Agreement for the Placement of Adve
Ordinance No. 128, 1995, was unanimously adopted on First Reading on October 17, 1995
and authorizes the Director of Purchasing to enter into an agreement with Outdoor
Productions which allows Outdoor Productions to sell advertising on benches at Transfort
bus stops.
Transfort is proposing a five year contract with Outdoor Promotions with two five year
extensions to provide a continuation of the current bus bench advertising program. The
program which allows advertising on bust benches at Transfort bus stops is based on the
receipt of 15% of gross advertising sales. The bus bench program is exempt from the City's
sign code.
14. First Reading of Ordinance No 136 1995 Amending Articles III IV and V of Chatter 26 I
of the Code of the City of Fort Collins Relating to Promulgation of Rules and Regulations
Concerning Standard Specifications for Construction of Water and Sewer Lines.
The City Code authorizes the Director of the Water and Wastewater Utility to establish
standard specifications for the construction of water and wastewater lines. The existing Code
provisions require that City Council adopt these specifications by resolution. The proposed
Ordinance removes this requirement of Council approval and allows the Director to
promulgate changes to the standard specifications which become effective sixty (60) days
after written notification is given to contractors who are licensed by the City to install utility
lines in the City right of ways. A survey of affected contractors, engineers, and suppliers
indicated overwhelming support for the proposed change. The Ordinance also adds an
appeal procedure which provides that should any property owner, contractor, or customer be
dissatisfied with any decision or action of the Utility made implementing or interpreting the
standard specifications, the decision or action can be appealed to the Director and ultimately
to the City Council.
15. First Reading of Ordinance No 137 1995 Amending Article IV of Chanter 26 of the Code
of the City of Fort Collins Relating to the Industrial Pretreatment Program of the City's
Wastewater Utility System.
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November 7, 1995
' The Environmental Protection Agency ("EPA") performed an audit of the City's pretreatment
program in March. The proposed Code changes include actions required or recommended
in the audit findings.
This Ordinance makes five changes to four sections of Article IV of Chapter 26 of the Code
of the City of Fort Collins relating to the industrial pretreatment program. The first change
modifies the definition of "pretreatment standards" to make it consistent with the federal
definition. The second change clarifies the definition of "slug" or "slug load". The third
change provides the City with the flexibility of requiring an updated Industrial Pretreatment
Permit Application as needed. The fourth change eliminates wording that is contrary to the
City's current practice concerning an industrial user's monitoring requirements and adds new
wording that reflects the City's current practice. It also eliminates the option currently given
to an industrial user to contract with the City to perform monitoring services. The fifth
change corrects a reference to another section of the Code that deals with the right to appeal
decisions made by the Director of the Water and Wastewater Utility.
These Code changes, while relatively minor, will need to be reviewed and approved by the
EPA.
16. First Reading of Ordinance No. 138, 1995, Appropriating Prior Year Reserves in the Streets
' Department Portion of the Transportation Services Fund to be Used for Clean Up Costs
Associated With the September Snowstorm.
The cost for picking up branches (and mulching) following the snowstorm that struck the
City on September 20, 1995, will be $700,000. Costs for the clean up have been charged to
the Streets Department in the Transportation Services Fund. A portion of these costs
($150,000) have been covered by existing appropriations in the 1995 Streets Department
budget. This Ordinance appropriates $550,000 from prior year reserves in the Streets
Department to cover the difference between the $700,000 needed and the amount which
Streets has already absorbed.
17. First Reading of Ordinance No. 139, 1995 Authorizing the Sale of Certain Real Property at
720 N. Wood.
On May 6, 1983, the City purchased approximately one-half of an acre adjacent to the
existing Water Utility facilities in order to provide for future expansion needs. At the time
of purchase, a house and one thousand (1,000) square foot metal frame building with metal
siding (the "Metal Building") were located on the property. The house was in disrepair, and
has since been demolished through use for firefighting training by Poudre Fire Authority.
The Metal Building has been used by the Water Utility and by other City departments as a
site for employee training, pending the Water Utility's expansion. Departments now have
training space in their own buildings and the Metal Building has been vacant the last year.
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November 7. 1995
The Water Utility needs the space for expansion of the equipment yard. Staff tried to find '
a City department that could use the building, but departments did not have the budget to
provide relocation and related costs, which would be substantial.
Under Section 23-11 l(a) of the Code, the Council is authorized to sell real property owned
in the name of the City, provided it first finds the sale is in the best interest of the City.
Based on the Water Utility's need for the property, and the lack of cost-effective uses for the
Metal Building if relocated, staff has determined that sale of the Metal Building is in the
City's best interest.
18. First Reading of Ordinance No. 140. 1995. Designating Annie's Grave Site and Memorial
Headstone, 136 Laporte Avenue. as a Local Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins.
The City of Fort Collins Facilities Department is initiating this request for Local Landmark
designation for Annie's Grave Site and Memorial Headstone, 136 Laporte Avenue. A public
hearing was held by the Commission on October 10, 1995, at which time the Commission
voted to recommend designation of this property as a local landmark for its historical
importance.
19. First Reading of Ordinance No. 141. 1995. Designating the Morgan-Kickland House and I
Garage. 408 West Mountain Avenue. as Historical Landmarks Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
The owner, Mary L. Stilson, is initiating this request for Local Landmark designation for the
Morgan-Kickland House and Garage, 408 West Mountain Avenue. A public hearing was
held by the Commission on October 10, 1995, at which time the Commission voted to
recommend designation of this property as a local landmark for its architectural importance.
20. Resolution 95-158 Adopting the Fort Collins Bikeway Program Plan.
Adoption of the Bicycle Program Plan will
♦ Provide a vision for bikeway planning and programs.
♦ Provide direction for new development.
♦ Coordinate with other plans, including the Transportation Demand Management
Program, Transit Development Plan, Pedestrian Plan, Master Transportation Plan,
City Plan, Civic Center Plan, Capital Improvement Plan, and others.
21. Resolution 95-159 Making Appointments to the Commission on Disability. Library Board
and Zoning Board of Appeals.
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November 7, 1995
' A vacancy currently exists on the Commission on Disability due to the resignation of
Theodore Tsai. Councilmembers Apt and McCluskey reviewed the applications on file and
are recommending that Chris Rock be appointed to fill the vacant term which expires June
30, 1998.
A vacancy also exists on the Library Board due to the resignation of Lee Anderson. Mayor.
Azari and Councilmember Kneeland reviewed the applications on file and are recommending
that Jacqueline Wallace be appointed to fill the vacant term which expires June 30, 1998.
A vacancy exists on the Zoning Board of Appeals due to the resignation of Jim Cuthbertson.
Mr. Cuthbertson tendered his resignation in August to be effective at the convenience of the
Council but no later than December 31, 1995. Mayor Azari and Councilmember McCluskey
recommended the applications on file and are recommending Michael Felner be appointed,
effective December 1, to fill the term which expires June 30, 1999.
Items on Second Reading were read by title by Deputy City Clerk Molly Davis.
8. Second Reading of Ordinance No 124 1995 Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
' 9. Second Reading of Ordinance No 125 1995 Amending Chapter 10 Article II Regarding
Flood Hazard Areas.
10. Second Reading of Ordinance No. 126, 1995 of the Council of the City of Fort Collins
Appropriating Unanticipated Revenue in the General Fund for Police Services 1996 Drunk
Driving Enforcement Program.
11. Second Reading of Ordinance No 127 1995 Appropriating Unanticipated Revenue in the
General Fund for the Fort Collins Police Services Substance Abuse Prevention Program
12. Second Reading of Ordinance No 135, 1995, Vacating a Portion of Street Right -of -Way for
Redwood Street between Conifer Street and Willox Lane and Retaining the Same for Utility
and Drainage Easement Purposes.
13. Second Reading of Ordinance No 128, 1995 Authorizing the City Manager to Enter into an
Agreement for the Placement of Advertising on Transfort Bus Benches by Outdoor
Productions. L.L.C. for up to Fifteen Years.
Items on First Reading were read by title by Deputy City Clerk Molly Davis.
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November 7, 1995
14. First Reading of Ordinance No 136, 1995. Amending Articles In. IV and V of Chapter 26 '
of the Code of the City of Fort Collins Relating to Promulgation of Rules and Regulations
Concerning Standard Specifications for Construction of Water and Sewer Lines
15. First Reading of Ordinance No. 137. 1995 Amending Article IV of Chapter 26 of the Code
of the City of Fort Collins Relating to the Industrial Pretreatment Program of the City's
Wastewater Utility System.
16. First Reading of Ordinance No 138 1995 Appropriating Prior Year Reserves in the Streets
Department Portion of the Transportation Services Fund to be Used for Clean Up Costs
Associated With the September Snowstorm
17. First Reading of Ordinance No 139 1995 Authorizing the Sale of Certain Real Property t
720 N. Wood.
18. First Reading of Ordinance No 140 1995 Designating Annie's Grave Site and Memorial
Headstone 136 Laporte Avenue as a Local Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins.
19. First Reading of Ordinance No. 141. 1995, Designating the Morgan-Kickland House and
Garage 408 West Mountain Avenue as Historical Landmarks Pursuant to Chapter 14 of the '
Code of the City of Fort Collins.
25. Items Relating to the Dry Creek Annexation and Zoning,
A. Hearing and First Reading of Ordinance No. 142, 1995, Annexing 52.5256 Acres,
Known as the Dry Creek Annexation.
B. Hearing and First Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres,
Known as the Dry Creek Annexation, into the MM - Mobile Home Medium Density
Zoning District, with three conditions as indicated in the staff recommendation. In
addition, all mobile home park development proposals are subject to the
requirements Chapter 18, of the Code (Ordinance No. 159, 1995).
Councilmember Smith made a motion, seconded by Councilmember Wanner to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
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November 7, 1995
Ordinance No. 138, 1995,
Appropriating Prior Year Reserves
in the Streets Department Portion of the
Transportation Services Fund to be Used
for Clean Up Costs Associated With the September Snowstorm Adopted
The following is staff's memorandum on this item.
"Financial Impact
This item appropriates $550,000from prior year reserves in the Streets Department portion of the
Transportation Services Fund. The appropriations will be used to offset the unanticipated costs
associated with clean up efforts following the September 20, 1995, snowstorm. The projected fund
balance for the Streets Department as of December 31, 1995 is $1,452,359. This appropriation will
result in a projected fund balance at year end of $902,359, of which, $385,920 is reserved for bond
principal and interest on the Streets Facility debt. The $516,439 balance in the reserve will be
available for capital replacement, snow removal emergencies, and operational needs. The reserve
will be replenished within the next two years.
Executive Summary
The cost for picking up branches (and mulching) following the snowstorm that struck the City on
September 20, 1995, will be $700,000. Costs for the clean up have been charged to the Streets
Department in the Transportation Services Fund. A portion of these costs ($150,000) have been
covered by existing appropriations in the 1995 Streets Department budget. This Ordinance
appropriates $550, 000from prior year reserves in the Streets Department to cover the difference
between the $700,000 needed and the amount which Streets has already absorbed.
BACKGROUND:
A major snowstorm struck the City on the night of September 20, 1995. The heavy, wet snow was
most damaging to trees throughout the entire City, snapping branches and leaving the City's street
system covered with debris. The City's Forester classified the storm as the worst tree damaging
storm in 25 years. The Streets Department began responding to calls from citizens regarding broken
branches in the streets on the night of the storm. However, the magnitude of the problem wasn't
fully assessed until the days following the storm. A plan was then put together to clear all streets
and alleys of branches throughout the City.
The decision by the City to take responsibilityfor cleaning up the branches following the snowstorm
was in part based on precedent set in earlier years. In 1987 and 1992 the Streets Department
provided the resources needed to remove branches from the City's street system, caused by severe
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November 7, 1995
wind storms. In addition to the size of the problem and sheer volume of work to be done, the City ,
took primary responsibility for the clean up because of the need to:
• clear access for pedestrians and bicycles;
• remove the sight distance obstacles at intersections;
• provide clear access for utility companies repairing lines and to provide clear access
for emergency vehicles;
• remove or reduce the threat of street flooding due to clogged storm drains and
gutters by removing the branches and leaves; and
• remove branches which could create a hazard when plowing snow on sidewalks and
streets, in the event of another storm.
Given the task at hand, staff provided information to the public about the City's plan for picking up
branches. Residents were asked to place all branches curbside where they would be hauled away
by City crews and contractors. Staff also encouraged residents to help by hauling their own
branches to either the Buckingham site or the County landfill; cleaning up leaves and twigs from
streets and sidewalks after removal or branches by City crews; and placing only fallen or broken
branches curbside for pickup. In addition, the City promoted a "Community Tree Branch Pick Up"
weekend on October 14th and 15th, encouraging residents, service clubs, neighborhood
organizations and other interested groups to help with the clean up. Employees from the City also
pitched in on the effort. It is estimated that the community's involvement during this weekend saved '
the City approximately $20,000 in clean up costs.
Throughout the clean up, the City provided numerous pieces of equipment and used six to nine crews
working from 7:00 a.m. to 7:00 p.m., five to seven days a week. The City also hired several
contractors to assist with the clean up including A-1 Organics, Hageman Inc., University Lawn and
Garden, Bath Excavating, Legg Trucking, Aaron Bivens, Phil Bearly, Chuch Hoffman, Fuller
Landscaping, and Steadman Logging. In addition, citizens, individuals, and other governmental
entities were involved in the clean up resulting in a savings to the city in excess of $100,000. The
effort of all those involved is greatly appreciated and should not go unnoticed. Staff wishes to thank
all those who helped with this community wide effort including the following:
• Citizens of Fort Collins, many of whom hauled their own branches or volunteered
to help with the clean up.
• Larimer County Landfill for allowing hauling of branches at no cost.
• City of Greeley for providing a Chipper at no cost.
• City of Loveland for providing a front end loader bucket which was used in the clean
up of the streets and alleys.
• Ed Lawler, who helped organize volunteer labor from various contractors.
• Personnel throughout other departments, City wide, who helped with clean up
efforts.
W.
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November 7, 1995
' Due to the efforts of all those involved the final cost of $700,000 came in below the previous
estimates of $900,000 to $1,300,000. "
Councilmember Kneeland made a motion, seconded by Councilmember Apt to adopt Ordinance No.
138, 1995.
Kelly Ohlson, 2040 Bennington Circle, expressed concerns regarding the accuracy of information
in the agenda materials. He stated the Agenda Item Summary regarding this item did not reflect the
actual cost.
David Lauer, 1404 Robertson Drive, commended the City on its efforts regarding branch pick-up
and concurred with comments made by Mr. Ohlson.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Apt, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
' Councilmember Kneeland reported that the Information Technology Committee met and reported
that a Study Session will be held in January to discuss public access.
Councilmember Smith reported that the Metropolitan Planning Organization for the North Front
Range Regional Air Quality and Planning Council recently met to review and make
recommendations regarding the accident potential at the I-25 and Highway 14 intersection. He stated
the report would be completed with recommendations in March 1996. He reported the Regional
Transportation Plan has been completed along with a prioritized project list.
Councilmember McCluskey reported the Finance Committee met and discussed a letter from the
City's auditing firm. He stated the contract with the Convention and Visitor's Bureau was also
discussed as well as the City's role regarding the economic health of the City.
Councilmember Apt stated the Growth Management Subcommittee met and discussed the phasing
of development and the cost of services. He stated they are reviewing the LDGS and how points are
awarded to projects based on location, affordability and open space issues.
Mayor Pro Tent Janett spoke in support of the Fort Collins Bikeway Plan which was adopted on the
Consent Agenda.
Councilmember Smith spoke of the recommendation that came from the Plan, noting there were only
' two components to the plan, safety and correct operation of bicycles and enforcement.
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November 7, 1995
Mayor Pro Tem Janett spoke of the progress of the Dry Creek Flood Project. She stated the State '
of Colorado Water Conservation Board has a low interest loan program and has invited the City to
give a presentation. She reported the Board will recommend a $600,000, 4 1/4% loan over a 30 year,
period and spoke of the process that would be followed. She reported she and Councilmember Apt
attended a state-wide meeting regarding Smart Growth.
Items Pertaining to the
Dry Creek Annexation and Zoning. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Resolution 95-160 Setting Forth Findings of Fact and Determinations Regarding the Dry
Creek Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 142, 1995, Annexing 52.5256 Acres, Known
as the Dry Creek Annexation.
C. lion : Hearing and First Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres,
Known as the Dry Creek Annexation; into the MM - Mobile Home Medium Density Zoning '
District, with three conditions as indicated in the staff recommendation. [In addition, all
mobile home park development proposals are subject to the requirements of Chapter 18 of
the Code (Ordinance No. 159, 1987).]
ti n B: Hearing and First Reading of Ordinance No. 143, 1995, Zoning 52.5256 Acres,
Known as the Dry Creek Annexation, into the IL - Limited Industrial Zoning District, with
a Planned Unit Development (P. U.D.) condition attached.
This is a request to annex and zone 52.5256 acres located on the south side of East Vine Drive, west
of Summit View Drive, east of Lemay Avenue, and north of East Mulberry Street. The Burlington
Northern Railroad is adjacent along the north property line and the Fort Collins Downtown Airport
is to the south and west of the property. The requested zoning is MM - Mobile Home Medium
Density with no conditions. Staff is recommending that three conditions be placed on the zoning
regarding traffic study and natural areas/wetlands study requirements. The property is undeveloped
and is in the I -Industrial Zoning District in Larimer County. This is a 100% voluntary annexation.
APPLICANT: Parsons & Associates, Inc.
432 Link Lane Plaza
Fort Collins, CO 80524
RM
Uyelall7i
BACKGROUND:
Fort Collins Airpark-Industrial, Ltd.
A Colorado Limited Partnership
5047 Main Gore Circle
Vail, CO 81657
November 7, 1995
The applicant, Parsons & Associates, Inc., on behalf of the property owner, Fort Collins Airpark-
Industrial, Ltd., has submitted a written petition requesting annexation of 52.5256 acres, as
described above. The application includes a request to zone the property MM - Mobile Home
Medium Density. The property is currently zoned 1- Industrial in Larimer County. This is a 100%
voluntary annexation.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area. the City will agree to consider annexation of
property in the UGA when the property is eligible for annexation according to State law. This
property gains the required 116 contiguity to existing City limits through a common boundary with
the Burlington Northern Railroad "operating corridor" property, which is contiguous to the East
Vine Drive 6th Annexation to the north.
The surrounding zoning and land uses are as follows:
N: t - transition and RLP - Low Density Planned Residential in the City, FA -I in Lorimer County;
vacant agricultural land
S: I - Industrial and O - Open in Larimer County; existing Fort Collins Downtown Airport
E: I - Industrial and O - Open in Larimer County; existing industrial park and mobile home park
W: I - Industrial in Larimer County; existing airport and industrial park
The requested zoning for this annexation is the MM - Mobile Home Medium Density Zoning District.
Originally, the applicant requested this zoning with no conditions. It is staffs understanding,
however, that the three conditions proposed in Option A are acceptable to the applicant. The
expressed purpose of this request is to develop a mobile home park. However, additional uses
permitted in the MM District include any use permitted in the RM - Medium Density Residential
Zoning District (single family, two family, and multi family residential, elementary and high schools,
churches, public and nonprofit quasi -public recreational uses, essential public utility and service
installations and facilities, child-care centers, group homes).
The property is currently undeveloped. The applicant has stated the intent to develop a
manufactured housing community of approximately 7 dwelling units per acre on the portion of the
property outside of the Dry Creek floodway. This development could provide an affordable housing
alternative. Also, it could provide the opportunity for a variety of types, sizes, and quality of
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November 7, 1995
manufactured housing that potentially could include the relocation of a portion of the soon to be '
displaced Pioneer Mobile Home Park residents. The applicant has indicated the development will
eventually include a combination of rental and ownership spaces.
City staff hosted a public open house from 5:00 p.m. to 8:00 p.m. on September 20, 1995 at the
Streets Facility. Representatives from the Planning Department, Natural Resources Division, and
Transportation Department were present to answer questions raised by the participants. There were
approximately 1,200 letters sent out to notify property owners in a large portion of the northeast
quadrant of Fort Collins and 28 people attended the open house. A copy of a compilation of the
comments received at this open house is attached to this agenda item summary.
The area of notification for the Planning and Zoning Board's October 23, 1995 public hearing
included properties approximately 1,500 feet to the north of East Vine Drive, properties
approximately 1,500 feet to the east of Summit View Drive, and areas west to Lemay Avenue and
south to East Mulberry Street. The notification area was from 1,500 feet to 4,000 feet in all
directions from the subject property. A map showing the area of notification is attached to this
agenda item summary.
Issues, -
Several issues were considered during staffs review of this proposal and introduced during the ,
Planning and Zoning Board's public hearing on October 23, 1995:
1. Safety and noise concerns surrounding this site's relationship to the Fort Collins Downtown
Airport to the south and west.
This was addressed in part by the applicant reducing the size of the annexation from 70
acres to approximately 52 acres and by increasing the setback distance between the
development and the airport. In a letter to the applicant, the airport owners agree that this
action addresses their stated concerns. In addition, a previous noise study completed in
August, 1992 for the San Cristo Subdivision indicated that noise levels were within
acceptable levels. This subdivision was located directly beneath the flight path for the
airport while the proposed mobile home park is not.
2. The nature of the traffic associated with the industrial park to the east and safety concerns
about residential development adjacent to the industrial park.
Concern has been expressed about the acceptability of residential traffic being routed
through the industrial park on International Drive. This road is the sole access to both the
industrial park as well as the proposed mobile home park. Staff is recommending that a
traffic study be prepared prior to application for subdivision approval to address traffic
concerns including the need for off -site improvements. '
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November 7, 1995
' The owners and tenants of the industrial park have also stated concerns about potential
vandalism and crime that may occur as a result of residential development on the proposed
annexation site. The issue of children playing in the parking lots and on the loading docks
and potential safety issues have also been introduced.
3. The rare orchid on -site. The site is identified as having vegetation types associated with rare
orchids. Two required inventories were completed by a consultant working for the Natural
Resources Division during the appropriate season in 1993 and 1994. Both inventories failed
to confirm the existence of the rare orchid plant.
4. Access to the residential site from a single point in the form of the divided International
Boulevard through the industrial park.
The Poudre Fire Authority requires two points of access into a development to ensure at
least one point of unobstructed emergency access at all times. In this instance, access is
provided solely by International Boulevard, a divided public street with a median in the
middle. At least two other developments (Southridge P.U.D. and Stone Ridge P.U.D., 4th
Filing) have been approved with similar situations. In this instance, Poudre Fire Authority
has accepted the proposed access as sufficient.
I
5. Safety and noise concerns surrounding the Railroad tracks to the north and the switching
yard to the northeast of the proposed residential site.
Burlington Northern railroad owns the parcel directly to the north of the subject property,
which is approximately 370' in width. The railroad tracks are located at the north end of
this parcel with an approximate 350' separation between the tracks and the north property
line of this annexation. The switching yard is located to the north of the existing mobile home
park to the northeast of the subject property. Concern has been expressed that the railroad
tracks may become an "attractive nuisance" as a play area to children living in the
proposed mobile home park. There is no indication that a problem of this type occurs based
on the proximity of the Collins Aire Mobile Home Park to the railroad tracks and switching
yard.
Potential noise impacts have been identified as background train noise as well as the sounds
of the switching yard which typically occur at night. These impacts are expected to be
addressed during site design through distance and landscape buffers. This is similar to the
treatment in other developments within the City. Developments such as Harmony Crossing
P.U.D., Willow Springs P.U.D., and Paragon Point PUD 1st and 2nd Filings also have
railroad tracks and rights -of -way in close proximity to residential lots. In these cases,
review of approved site and landscape plans do not indicate special concern with the
' proximity of the railroad. It appears that railroad impacts have been addressed by simple
physical separation of the lots from the tracks with distances ranging from 100 to 150 feet
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November 7, 1995
and occasional landscaping. Both Harmony Crossing and Paragon Point have examples '
of rear lot lines directly abutting the railroad right-of-way with no buffering except for
personal landscaping and fencing of individual lots.
6. Environmental concerns related to the Dry Creek floodplain and both on -site and off -site
wetlands.
While the Dry Creek channel and floodway is located off the subject property, parts of the
floodplain are within the annexation boundaries. In addition, an existing wetland exists in
the southeast corner of the site. The wetland appears to be maintained by high groundwater
directly to the north and is part of a system of wetlands that extend off -site to the south east.
As part of the staff recommendation, a condition is suggested that requires the applicant
prepare studies addressing the groundwater situation and value of the wetland. Depending
on the results, a determination will be made about the need for maintenance the existing
wetland or the need to mitigate its loss by the creation of additional wetlands of similar size
and value. These decisions may ultimately influence the site design and layout.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested MM - Mobile Home Medium Density
Zoning District with the following conditions:
A. Tra ic. A traffic study shall be provided which will examine access to the
development, trip generation of the development, distribution of traffic generated and level
of service analysis. The traffic study will be reviewed against all Development Criteria
No.'s A-2.1, A-2.5, and A-3.2 of the Land Development Guidance System for Planned Unit
Developments and no development application shall be approved unless the Director of
Community Planning and Environmental Services has determined that the development
conforms to said criteria.
The traffic study will be provided to the City by the developer prior to submission of
subdivision documents for the development. The Director of Community Planning and
Environmental Services, in consultation with the City's traffic engineer, shall review such
study and determine whether the development conforms to said criteria. Upon such
determination, this condition shall be deemed satisfied.
B. Wetland . A map of all existing wetland and habitat areas located on such
property shall be provided to the City.
Prior to submission of subdivision documents, the developer will also provide the City with
a soils and geological engineering report, including a groundwater hydrology report,
evaluating the geohydrologic impact of the development on on -site and off -site wetlands. ,
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' The Director of Community Planning and Environmental Services, in consultation with the
Natural Resources Department, shall review such reports using as guiding criteria All -
Development Criteria Nos. A-1.3, A-1.9, A-2.3, and A-3.4 of the Land Development
Guidance System for Planned Unit Developments, and shall determine whether the
geohydrologic impact from the development will significantly affect existing wetlands; and
no development application shall be approved unless the Director of Community Planning
and Environmental Services has determined that the geohydrologic impact from the
development will not significantly affect existing wetlands. The Director of Community
Planning and Environmental Services shall further make a determination based on the
reports as to the treatment of the on -site existing wetlands, which determination may
alternatively require: (a) that the developer avoid impacts to the groundwater source that
supports the wetland, to the extent practical, and incorporate the wetland into a site feature,
or (b) that the developer replace the disturbed areas with either on -site or off -site wetlands
of equal or greater value. Upon such determinations, this condition shall be deemed
satisfied.
C. Sketch Plan/Landscape Plan. Prior to submission of subdivision documents, the
developer shall submit a sketch plan and landscape plan as required by Section 18-3(4)(g)
of the Code of the City. The landscape plan shall additionally include the following:
i. a wooden perimeterfence along the north, south and east boundaries
of the development;
ii. a multi -purpose building at least 2,000 square feet in area with
facilities for a laundry, meeting room and recreational area, restrooms, office and
a maintenance area; and
iii. playground and mini -park area of at least 30,000 square feet.
The Director of Community Planning and Environmental Services shall review the
landscape plan using Criteria 2.13 of Section 29-526(D), Activity A, "All
Development Criteria", as a guideline and shall take action to approve, approve
with conditions or disapprove any such plan. Upon such determination of approval,
or approval with conditions, this condition shall be deemed satisfied. No
development application shall be approved unless the Director of Community
Planning and Environmental Services has approved or approved with conditions
such sketch/landscape plans.
Option A of Ordinance No. 143, 1995, provides for the provision of notice of the determinations
to interested parties owning real property in the area and that the determinations could be appealed
directly to City Council.
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November 7, 1995
Staff believes that the annexation request is appropriate for the following reasons: I
The annexation of this area is consistent with the policies and agreements between Lorimer
County and the City of Fort Collins contained in the Intergovernmental Agreement for the
Fort Collins Urban Growth Area.
2. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. On August 22, 1995, the City Council considered and approved a resolution determining
that the proposed annexation process for this property by establishing the date, time, and
place when a public hearing will be held regarding the readings of the Ordinances annexing
and zoning the area. November 7, 1995, was established as the date of the Public Hearing
and first reading of the Ordinances annexing and zoning the property.
In addition, staff believes that the request for MM - Mobile Home Medium Density Zoning is
appropriate far the following reasons:
1. The requested MM - Mobile Home Medium Density Zoning District is in conformance with
Policies #12, #22, #41, #42, #78, #80c, and #80d of the Land Use Policies Plan an element
of the City's Comprehensive Plan. (See attached P&Z staff report.) '
2. The zoning of this property to MM - Mobile Home Medium Density provides an additional
opportunityfor affordable housing in the City of Fort Collins as a use -by -right, subject to
(a) the MM Zone District Requirements (attached), (b) the conditions stated above, and (c)
the provisions of Chapter 18 of the Code pertaining to Mobile Home Park development
(attached).
3. A noise study completed in August, 1992 for the San Cristo Subdivision indicated that noise
levels around the Fort Collins Downtown Airport were within acceptable levels for
residential development. The San Cristo Subdivision is located directly beneath the flight
path for the airport while the proposed mobile home park on this site is not.
4. Existing developments have occurred in other parts of the City in closer proximity to existing
railroad tracks than the proposed mobile home park on this site. It appears that railroad
impacts for those developments have been addressed by simple physical separation of the
lots from the tracks with distances ranging from 100 to 150 feet, with occasional
landscaping. In most cases, there is no buffering provisions except for private landscaping
and fencing on individual lots.
November 7, 1995
IPLANNING AND ZONING BOARD RECOMMENDATION.
The Planning and Zoning Board, at its regular monthly meeting of October 23, 1995, voted 7-0 to
recommend approval of the annexation. The Board voted 7-0 to recommend approval to zone the
property IL - Limited Industrial, with a planned unit development condition (Option B). The Board's
recommendation was that industrial zoning was more appropriate with the surrounding zoning and
land uses. Regardless of future development, it was the Board's opinion that development proposals
should be evaluated against the requirements of the Land Development Guidance System, being a
more comprehensive review based on absolute criteria than the performance standards of a
permitted "use -by -right" in the zoning code."
Current Planning Director Bob Blanchard gave a brief overview of the process and spoke of the staff
analysis. He spoke of the specific issues of the project: limited access to International Drive, wetland
and groundwater, railroad proximity, and location of the airport. He stated that staff determined in
its analysis of the site that it was appropriate for residential use, with the condition of medium
density mobile home district with conditions relating to traffic and environmental concerns. He
clarified the Planning and Zoning Board recommended zoning the property Limited -Industrial with
a P.U.D. condition and stated Council has been presented with two zoning options.
City Planner Steve Olt gave a slide presentation displaying a location map with an outline of
' surrounding land uses and borders relevant to the site. He stated the applicant, Parsons and
Associates, is requesting the property be zoned M-M with no conditions, noting the current zoning
is I -Industrial and undeveloped. He stated the development could provide an affordable housing
alternative and an opportunity for various types of manufactured housing that could include a portion
of the relocation of Pioneer Mobile Home Park with a combination of rental and ownership spaces.
He stated staff is recommending the M-M zoning with three conditions, as follows; conducting a
traffic study; requiring mapping of all wetland habitat areas before a subdivision plat is submitted,
and; presentation of landscape and sketch plan. He reported that at the October 23 Planning and
Zoning Board meeting, the board unanimously recommended approval of the annexation as I-L with
conditions and spoke of the reasons for the Boards decision and noted those reasons were in line with
staff's concerns. He stated a rare orchid study was conducted and it was determined that this plant
species does not exist on the site.
Olt gave a comparison of the two zoning options, noting staff recommended Option A, M-M Zoning
with the three conditions as previously stated. He spoke of appeal rights and the time frame and
steps involved.
Lucia Liley, attorney representing the applicant, spoke of contiguity issues and stated she believed
the property meets the statutory definition of a transportation corridor. She reported the railroad's
position is that the property is a transportation corridor or operating corridor for Burlington Northern
Railroad. She expressed concerns regarding the Planning and Zoning Board's hearing regarding this
site. She spoke of the issues of affordable housing and asked Council to consider looking at all land
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November 7. 1995
use goals and objectives including those for affordable housing and to balance and prioritize the '
competing goals. She urged Council to consider the facts related to this proposal and to determine
if the zoning presents a safety issue. She commended staff for efforts in dealing with an unusual
situation in attempting to make it work as a feasible project and to meet the main objectives of its
planning goal. She stated Council needs to consider the following: safety; floodplain; and airport
safety and noise, noting the site does not lie under the flight patterns and is not unsafe from an air
traffic standpoint. She spoke of the concerns regarding ditches, noting it is not unusual or unique
in any type of development within the City to have a ditch run through the development. She also
stated that other developments also have railroads passing through and questioned why it is not
considered a hazard or a safety issue in other areas of the City, but is a safety issue when discussing
the possible location of a mobile home park.
Liley spoke of compatibility issues and believed that Dry Creek would be an added amenity
regardless of how the property is zoned. She spoke of access issues, noting the applicant is willing
to enter into equitable cost sharing agreements with other property owners for construction and
maintenance of the streets. She urged Council to consider the M-M zoning request to assist in
providing affordable housing alternatives.
Olt showed Council an aerial photo showing the parcel on a larger scale outlining the property
boundaries. He presented Council with an overlay for the flight patterns received by the Airport
Manager. He reported on the proximity of the fire station and of a noise study conducted in 1992 I
measuring noise decibels.
Director of Community Planning and Environmental Services Greg Byrne spoke of the trend of land
use and/or development mitigation issues that have to go through the planning process. He spoke
of staffs reasons for placing the conditions on the site.
Olt responded to Council questions and clarified substantial data has not been obtained regarding
track noise vs. switching yard noise. He spoke of various types of buffering that could be used to
reduce noise.
Councilmember Smith questioned how long a designated zoning would stand and if there were
requirements to do something with the property once it has been zoned.
Byrne stated that once a piece of property has been annexed and zoned it can be left indefinitely and
the City would not take any action until a specific development were proposed. He responded to
Council questions and stated Option A is a use -by -right zoning district, briefly explained the
definition of use -by -right zoning, and spoke of the notification process. He clarified there would be
four opportunities for public comment before zoning.
Byrne reported that he was not aware of any other undeveloped areas in the City zoned M-M, stating
this type of zoning is site specific.
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November 7, 1995
Development Review Manager Mike Herzig stated there have been informal discussions regarding
western access to the site as a secondary access.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution
95-160.
City Attorney Steve Roy suggested incorporating into the record all items received by Council and
the Planning and Zoning Board as part of the basis of the findings.
The vote on Councilmember Apt's motion was as follows: Yeas: Apt, Janett, Kneeland, McCluskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner, to adopt Ordinance No.
142, 1995.
City Attorney Steve Roy clarified for the audience that Council did find on the previous motion that
the property is eligible for annexation.
' Yolanda C. Nicely-Dagle, 300 E. Harmony Road, spoke in support of the annexation and supported
planned growth within the City.
Jan Cottier, a Fort Collins resident, expressed annexation concerns stating the site is not contiguous
to any existing City development, suggesting that is not in keeping with the City's phasing strategies.
She spoke of the need for a northeast area plan that would address compatibility issues. She stated
the location would be better served if it were to be developed under Larimer County standards.
Don Horak, 745 S. Summit View Drive, concurred with the comments of the previous speaker and
expressed access and traffic concerns and the impact it would have on Summit View.
Patricia Grant, resident of Latimer County, spoke in opposition of the ordinance. She supported the
development of an northeast area plan to avoid individual annexations.
Lou Stitzel, 521 E. Laurel, spoke of time concerns for the residents of Pioneer Mobile Home Park
and the unavailability of a mobile home park site.
Joe Solomon, 1721 Underwood Drive, spoke of the need for broader discussions regarding access
and the development of a northeast area plan.
' Byrne explained the difference between the property being developed in the City and the County and
the long standing agreement the City has with the County regarding annexation within the urban
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November 7, 1995
growth boundaries. He reported Larimer County would not accept any development proposals for '
any properties that would be eligible for annexation within those boundaries. He clarified the
County would not accept any development proposal unless the City rejected an annexation proposal.
Councilmember Kneeland spoke in support of the motion noting she believes it meets the contiguity
requirements.
Mayor Pro Tern Janett spoke of the differences between City and County standards.
The vote on Councilmember Apt's motion was as follows: Yeas: Apt, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Wanner to adopt Ordinance No.
143, 1995 Option A.
Byrne clarified the streets would be developed to City standards.
Joe Solomon, 1721 Lindenwood Drive, opposed the motion and believed staffs conditions were
inadequate. He spoke of airport noise standards and expressed concerns regarding quality of life, I
clustering and stated the northern part of the City has been inundated with the majority of affordable
housing dwelling units.
Mike Nicely, 300 E. Harmony Road, urged adoption of the motion, and commented that the
annexation would not help with the relocation problem of the entire mobile home park but it would
be a start.
Phil Palmer, 110 Fossil Court West, spoke of the need for affordable housing options and the effect
that the lack of affordable housing will have on the City. He spoke of the need for a diverse and
mixed community.
Bev Wise, 1924 E. Vine, spoke of her concerns regarding the residents of Pioneer Mobile Home
Park but also expressed concerns regarding ignoring the Planning and Zoning Board's decision. She
supported finding a better location based on safety issues.
Mari Lou Hostetler, President of Pioneer Park Home Owners Association, residing at 300 E.
Harmony Road, spoke in support of the M-M zoning and did not feel that safety was an issue.
Paul Miller, 1604 Linden Lake Road, spoke of the importance of Council's decision. He spoke of
concerns regarding the location of the railroad switchyard and the ability for potential residents to
obtain homeowner's insurance due to the site's location relevant to the floodplain. He opposed the '
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November 7, 1995
' motion and stated he did not believe the County would accept the proposal with only one access
road.
Sandra Lacey, resident and Vice President of Pioneer Mobile Home Park, spoke in support of the
motion.
Bob Licht, 322 E. Pitkin, spoke of the need for affordable housing options and urged support of the
motion.
Mildred Powers, Pioneer Mobile Home Park resident, urged the City to help the residents of the
mobile home park. She thanked everyone involved in the effort for all their hard work.
Yolanda C. Nicely-Dagle, 300 E. Harmony Road, spoke of the homes that would be lost and the
hardship the move will be on residents of Pioneer Mobile Home Park. She strongly urged adoption
of the motion.
Beth Musick, housing counselor for Neighbor -to -Neighbor, supported M-M zoning and stated if
residents of Pioneer Mobile Home Park can not move their mobile homes to another park they will
lose on the mortgages owed on their houses which could result in bankruptcies and the increased
need for public assistance.
Father Chilson, Pastor at Saint Elizabeth Ann Seton, spoke in support of the motion and stated
human and social concerns should be the most important issue.
Joseph Cosgrove, 300 E. Hamony Road and resident of Pioneer Mobile Home Park, supported the
M-M zoning.
Marta Christenson, resident of north Fort Collins, stated she believes that this motion (Option A)
precludes public participation in the planning and zoning process and strongly objected to staffs
recommendation. She spoke of the need for a master plan for the northeast area. She supported
Option B, emphasizing that it does not preclude residential development. She spoke of safety
concerns and stated that if the PUD process is used, safety concerns would be addressed.
Rick Laven, 1223 Underwood Drive, questioned why the Natural Resources staff required a rare
orchid study be performed in association with the proposed development so late in the process. He
stated the Planning and Zoning Board requested that Council address a broad policy for.affordable
housing rather than site specific projects and commented he did not feel that this was the solution.
Dr. Larry Johnson, resident of Pioneer Mobile Home Park, supported the motion stating he believed
the location would be an excellent location for a mobile home park. He commended the developer
for his dedication in assisting the residents in finding a solution to their situation. He stated that the
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Planning and Zoning Board was misinformed regarding air traffic, stating planes do not fly directly '
over the site.
Yank Banowetz, Latimer County resident, stated his concerns regarding new evidence presented to
Council that was not presented to the Planning and Zoning Board.
Don Horak, 745 S. Summit View Drive, opposed the motion and urged Council to adopt Option B,
and commented that either zoning would allow for a mobile home park. He questioned why staff
would recommend against the Planning and Zoning Board's decision.
James Dismore, 1101 Lory, opposed Option A. He urged Council to follow the recommendation
of the Planning and Zoning Board to adopt Option B and stated he would appeal the decision and
would take legal action if Option A were adopted.
Ed Laudick, property and business owner, spoke of the type of business located in the area and stated
there is a shortage of low cost industrial sites available in the City. He spoke of environmental
concerns and railroad switching yards.
Sharon Meckelburg, Manager of the Downtown Airport, stated that flight patterns do fly over the
mobile home park.
Jan Cottier, a Fort Collins resident, addressed concerns regarding land use policies and access to the '
site and stated that is not consistent with the land use policies. She stated the site is not contiguous
to existing development in the City or adjacent to existing residential neighborhoods. She stated the
area does not have, nor are there any plans to provide public transportation to the area. She stated
the County would require that urban street standards be met and this proposal does not include that.
She emphasized that this proposed project does not meet land use policies for medium density zones.
She stated the issue is not affordable housing or the relocation of Pioneer Mobile Home Park
residents. She stated the notification requirement of 500 to 1000 feet is not adequate in this location.
Rusty Collins, Executive Director of Neighbor to Neighbor, spoke of the drastic need for affordable
housing. He clarified the move out date set for the Pioneer Mobile Home Park residents is
September 1, 1996. He spoke of the separation of class among the citizenry of Fort Collins and
urged adoption of Option A.
Shelly Stephens, Executive Director of the Housing Authority, commented that the M-M land use
with identified conditions supports the need for affordable housing, stating the relocation of the
mobile home park is not the issue being discussed but it does bring to focus the need to increase
affordable housing. She encouraged Council to adopt Option A.
Doyle Youdy, a Fort Collins resident, expressed concerns regarding crime, access and traffic issues.
He spoke in opposition of Option A. ,
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ITim Runtsch, Pastor of Redeemer Lutheran Church, supported Option A.
Sister Mary Alice Murphy, a Fort Collins resident, stated that the site is the only one available for
an M-M designation and supported Option A.
Jean Laudick, Larimer County resident, supported affordable housing but stated she opposed the site
of the proposed project. She express safety concerns and opposed the motion.
Bob Fruen, a Fort Collins resident, stated the site location is directly beneath the air traffic pattern
and spoke of noise levels.
Susan Wolber, 4330 New Bedford Drive, opposed the motion and spoke of safety issues regarding
the location of the airport. She urged Council to adopt Option B.
Lou Stitzel, 521 E. Laurel, reported placement of affordable housing is appropriate in enterprise
zones and stated it was not fair to compare the Fort Collins/Loveland Airport to the Downtown
Airport and spoke of the need for innovative planning.
David Janssen, 1725 Nedrah Drive, wrote in support of the M-M zone.
' Councilmember Smith commented on land use issues raised by Jan Cottier and questioned if the
1000 ft. radius for notice is adequate.
Olt clarified that staff determined that 1000 ft. would be adequate and commented that the distance
could be extended based on the discretion of the Director of Community Planning and
Environmental Services or the Planning Director. He spoke of the policies and the point system used
to evaluate the project.
Herzig clarified the single point of access would need to meet the Poudre Fire Authority guidelines.
PFA has reviewed the proposal and found that if International Blvd is improved to acceptable street
widths and separated by a wider median, it would suffice for two points of access.
Councilmember Wanner commented that he appreciated the input from the Planning and Zoning
Board although he did not agree with its recommendation. He spoke of the importance of
remembering economic realities and the amount of time it takes for the community to approve low
income and affordable housing sites. He stated he did not perceive any conflicts regarding the Urban
Growth Area boundaries and noted that the area conforms to the zoning ordinance. He suggested
notice be distributed within a 2,000 ft radius.
Councilmember McCluskey concurred with comments from Councilmember Wanner and stated he
would be supporting the motion. He spoke of the impact on the surrounding area and felt the
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proposal did fit in the overall area and spoke of the community need for additional affordable '
housing options.
Councilmember Smith spoke in support of the motion and commented other Mobile Home Parks
exist in Larimer County having only one access point.
Councilmember Apt supported the motion and did not believe that air noise was significant. He
spoke of the stringent conditions that have been placed on the proposal and the plans for additional
amenities.
Councilmember Kneeland commented on the need for additional affordable housing and long term
solutions. She stated the proposal contained adequate policy support and attached conditions for her
to support the motion.
Mayor Pro Tern Janett supported the motion and concurred with previous comments regarding the
lack of affordable housing.
The vote on Councilmember Apt's motion was as follows: Yeas: Apt, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
BUDGET CONSENT
Items Numbers 26 through 29 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Study Sessions and are being presented in this
manner to expedite their adoption. As with the regular Consent Calendar, any item may be
withdrawn for discussion by any member of the Council, staff or public and will be considered after
the balance of the Budget Consent is adopted.
26. Second Reading of Ordinance No 129 1995 Amending Chapter 26 Article VI Division
4 of the Code of the City Setting Rates and Charges for Electric Service.
Ordinance No. 129, 1995 which was unanimously adopted on First Reading on October 17,
1995 and authorizes three changes to the City's electric rates:
- Reduces the service charge for initiating new residential and small commercial accounts
from $15.87 to $10.65. The reduction applies to requests made during normal working
hours.
- Authorizes the utility to enter into agreements with individual customers for on -going
special services and to charge for the services through the utility bill.
- Reduces the threshold for serving large customers by contract rate from 10,000 kilowatts
of connected load to an aggregated connected load of 1,000 kilowatts. '
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November 7, 1995
' 27. Second Reading of Ordinance No 130, 1995, Amending Sections 26-514(3)L1 of the Code
of the City of Fort Collins Relating to the Determination of Storm Drainage Fees.
Construction of capital projects is an important function of the Stormwater Utility. Projects
are constructed to prevent flooding problems as well as to correct existing ones and the fees
are collected in each basin to provide the funding. To determine the amount of revenue
required with the optimal scheduling of each project, criteria such as the level of risk to
property owners, integration with other city projects, current maintenance costs, availability
of basin funds or need for additional debt, complexity of the project, level of exposure to
public resources, and number of complaints must be considered. Ordinance No. 130, 1995,
which was unanimously adopted on First Reading on October 17, 1995, amends Section 26-
514(3)(b) of the Code.
28. Second Reading of Ordinance No 131, 1995, Amending Chanter 26 of the Code Relating
to Rates for the Water and Wastewater Utility.
The recommended 1996 budget for the Water and Wastewater Utility includes revenue
projections based on an overall water rate increase of 4% and wastewater rate increase of 3%.
The 1996 rate changes reflect the second year of a three year phasing of cost of service
adjustments. Therefore, different customer classes will experience different rate increases,
' ranging from 0% for duplex accounts to 6.5% for flat -rate, single-family residential
customers. The cost of serving any group of customers changes over time due to changing
service requirements and/or changing water use patterns. The cost of service adjustments are
revenue neutral on a utility -wide basis, and are based on an overall 4% increase in water
revenue and a 3% increase in wastewater revenue. Ordinance No. 131, 1995 was
unanimously adopted on First Reading on October 17, 1995.
29. Items Relating to the 1996 Downtown Development Authority Budd
A. Second Reading of Ordinance No. 132, 1995 Appropriating Funds for the Operation
and Maintenance of the Downtown Development Authority for the Fiscal Year 1996
and Fixing the Mill Levy for the Downtown Development Authority for 1996
Ordinance No. 132, 1995, which was unanimously adopted on First Reading on
October 17, 1995, appropriates $245,839 in the DDA Operations and Maintenance
fund for the fiscal year beginning January 1, 1996 and ending December 31, 1996.
Additionally, Ordinance No. 132, 1995 sets the mill levy necessary to provide for
payment of all properly authorized expenditures incurred by the District.
B. Second Reading of Ordinance No. 133, 1995, Appropriating Revenue in the
Downtown Development Authority for Payment of Debt Service for the Year 1996.
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November 7, 1995
Ordinance No. 133, 1995, which was also unanimously adopted on First Reading on '
October 17, 1995, appropriates funds for the payment of Downtown Development
Authority debt service for 1996.
Items on Second Reading were read by title by Deputy City Clerk Molly Davis
26.
Second Reading
of Ordinance
No 129 1995 Amending
Chapter
26 Article VI Division
4 of the Code
of the City
Setting Rates and Charges
for Electric
Service
27.
Second Reading
of Ordinance
No 130 1995 Amending
Sections
26-514(3)(b) of the Code
of the City of
Fort Collins
Relating to the Determination
of Storm
Drainage Fees
28.
Second Reading
of Ordinance
No 131 1995 Amending
Chapter
26 of the Code Relating
to Rates for the
Water
and Wastewater Utility.
29.
Items Relating
to the
1996 Downtown Development
Authority
Budget.
A. Second Reading of Ordinance No. 132, 1995 Appropriating Funds for the Operation
and Maintenance of the Downtown Development Authority for the Fiscal Year 1996
and Fixing the Mill Levy for the Downtown Development Authority for 1996
B. Second Reading of Ordinance No. 133, 1995, Appropriating Revenue in the '
Downtown Development Authority for Payment of Debt Service for the Year 1996.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey to adopt and
approve all items not removed from the Budget Consent Agenda. Yeas: Apt, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 134, 1995,
Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations and
Adopting the Budget for the Fiscal Year Beginning
January 1, 1996, and Ending December 31,' 1996 and
Fixing the Mill Levy for Said Fiscal Year Adopted on Second Reading
The following is staff's memorandum on this item.
"Financial Impact
396
November 7, 1995
' This Ordinance was amended at First Reading on October 17. Appropriations added to the 1996
Budget as a result of First Reading adjustments total $33,000. This Ordinance, as amended, adopts
the total City Budget for 1996 and represents the annual appropriation in the amount of
$273,469,882, including the Fire Fighters' Pension Fund of $2,308,049, and sets the City mill levy
at 9.797 mills.
Executive Summary
This Ordinance adopts the 1996 Budget in the amount of $271,161,833 for the City of Fort Collins
and $2,308,049 for the Fire Fighters' Pension Fund. This Ordinance also sets the City mill levy at
9.797 mills, unchanged from the 1995 mill levy.
Council amended this Ordinance on First Reading, adding $33,000 in appropriations to the 1996
budget.
BACKGROUND:
Appropriations in the amount of $33,000 have been added to the 1996 Budget as a result of First
Reading adjustments. In the General fund there is no increase in appropriations, but the services
funded have changed. The Community Opportunity Investments funds have been reduced by $63, 000
with $30,000 moved to Forestry for the horticulture program and $33,000 to be transferred to the
Cultural Services & Facilities Fund for a Museum Curator of Exhibits. The Cultural Services &
Facilities Fund appropriations have been increased by $33,000 to fund a Museum Curator of
Exhibits. Following is a list of the adjustments made to the First Reading of the budget ordinance
along with a brief description of how the funds will be used.
GENERAL FUND
$(63.000) - Community 0121?ortunity Investments
The Community Opportunity Investments funds have been reduced from $377,877 to $314,877.
These funds are appropriated to address potential projects and needs that have been discussed
during this budget process. These potential projects include: Discovery Center, Water Treatment
Plant #1, Jefferson Street truck traffic, traffic calming, Fossil Creek Land Use Plan, and other
projects that might be of benefit to the City. (The horticulture program and youth employment
program have been deleted from this list. The horticulture program will receive specific funding as
described in the following paragraph.) Each project will be evaluated for funding during 1996 in
conjunction with other projected needs, leveraging and partnering opportunities, and the amount
of funds available. The Community Opportunity Investments fund is made up of $157,023 in
ongoing funds and $157,854 of one-time funds.
397
November 7, 1995
$30 000 - Horticulture Program 1
In 1995 City Council approved $20,000 in ongoing funds to start a community horticulture program
and conduct a number of pilot projects. Ongoing funds totaling $30,000 have been added to expand
the existing program. Three areas have been suggested: a) youth programming to create more
learning opportunities for young children and teenagers; b) senior programming in gardening and
horticulture; and c) horticulture projects to start and unify neighborhood groups.
$33,000 - Transfer to Cultural Services & Facilities Fund
These ongoing funds are to be transferred to the Cultural Services & Facilities Fund to add a
Museum Curator of Exhibits position. For more information, please see the Cultural Services &
Facilities Fund description.
CULTURAL SERVICES & FACILITIES FUND $33,000
$33,000 - Museum Curator of Exhibits
Appropriations have been increased by $33,000 in the Cultural Services & Facilities Fund to fund.
a Curator of Exhibits position in the Museum budget. A paid professional is needed to manage the
research, design, production and installation of all public displays ranging from permanent and
traveling exhibits to minor signage and other information products. This work is currently being
completed by community volunteers.
ON L 1 ION I
The following is a list of ongoing and one-time service andfacility enhancements for 1996 that have
been added to the 1995 base budget. As can be seen, a total of $5.3 million has been added ($2.4
million ongoing and $2.9 million one-time).
ONGOING ONE-TIME
Economic Vitality - Theme I
Fiscal & Environmental Impact Model $ 40,000
Integrated Planning - Theme 2
City Plan 225,000
Civic Activity Center 40,000
Historic Preservation 80,000
Planning Technician $ 39,500
Engineering/Capital Projects --
Pedestrian Accessibility 176,000
Intergovernmental Cooperation - Theme 3
Regional Planning Coordinator 30,000 '
398
Youth Issues - Theme 4
Old Fort Collins High School Youth
Recreation Center
Youth Employment
75,000
Long Term Financial Policies - Theme 5
Civic Activity Center Plan/Facility Master Plan
Land Acquisition
Major Building Maintenance 142,500
Cost of Services Phase 2
Deliberative Democracy - Theme 6
City Dialogue
November 7. 1995
120,000
60,000
500,000
422,000
40,000
Affordable Housing - Theme 7
Affordable Housing 150,000
Affordable Housing Staff 21,600
Key Target Enhancements
Lease of 214 North Howes - Stewart Building 80,500
Facilities Maintenance
55,000
Community Development Block Grant Program
44,000
Council Outreach
10,000
Municipal Court Prosecutor
23,400
Municipal Court Clerks
21,000
Contract Attorney
20,000
Boards and Commissions
5,658
PC/LAN Technical Support
60,000
Environmental Information Specialist
Natural Resources Department
44,000
Environmental Compliance Plan
Natural Resources Department
58,000
Current Planning/Development Review Planner
53,600
Implementation of Policy Plans
106,000
Building & Zoning Electronic
Document Conversion
20,000
Document Management Support
50,000
Geographic Information System (GIS)
Program Budget
29,016
Equipment Replacement & Data Layers
35,000
20,000
Parks Maintenance/Renovation
211,140
100,000
Forestry Life Cycle Funding
13,000
399
November 7, 1995
Library Enhancements
100,000
'
Lincoln Center
40,000
Neighborhood Resources Program
67,300
Therapeutic Program
30,000
Human Resources Grant Program
Funding (County)
26,500
Police Services
309,675
12,210
Humane Society Services
20,000
Transportation Services Issues
Engineering
43,500
62,500
Traffic Operations
79,000
20,000
Transit/Para-Transit Funding
275,000
576,000
Horticulture Program
30,000
Museum Curator of Exhibits
33,000
Community Opportunity Investments
157,023
157,854
TOTAL
$2,360,912
$2,939,564"
Deputy City Manager Diane Jones gave a brief presentation, noting minor changes were made to
Ordinance No. 134, 1995 on second reading based on Council direction. She read the changes into
the record. '
Councilmember Kneeland made a motion, seconded by Councilmember Wanner to adopt Ordinance
No. 134, 1995 on Second Reading. Yeas: Apt, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
400
November 7, 1995
Adjournment
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adjourn to 6:00 p.m.
November 14 to conduct the annual evaluation of the Municipal Judge, City Attorney and City
Manager. Yeas: Apt, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 12:00 a.m.
ATTEST:
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City Clerk
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Mayor„ _