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HomeMy WebLinkAboutMINUTES-03/15/1994-RegularMarch 15, 1994 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting 6:45 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 15, 1994, at 6:45 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Apt, Horak, Janett, Kneeland, and Smith. Councilmembers absent: Azari and McCluskey. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Al Baccili, 520 Galaxy Court, asked for information on the General Manager's salary at Platte River Power Authority and the amount of dues the Authority pays to the Chamber of Commerce. Citizen Participation Follow-up Councilmember Horak stated the salary of the General Manager at Platte River Power Authority and the amount of the dues paid to the Chamber is public record and advised City Manager Burkett to provide that information to parties that are interested. Agenda Review City Manager Burkett withdrew Item #36, First Reading of Ordinance No. 48, 1994, Amending Sections 8-88 and 23-227 of the Code of the City of Fort Collins Relating to Parkland Fees. ***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 will be considered separately under Agenda Item #29 Public Pulled Consent. 12 13. Consider Approving the Minutes of the Regular Meeting of February 1 1994. In August of 1986, the City issued $36,950,000 of Sewer Revenue Refunding Bonds. These bonds refunded portions of three prior City issues, including the 1981, 1984, and 1985 bonds. All of the prior bonds were defeased by the 1986 bonds. The 1986 Bonds carried a net effective March 15, 1994 14. 15. 16. interest rate of 7.27% at the time of issue. A portion of the 1986 bonds ' were new bond proceeds to finance improvements to the water reclamation treatment facilities. The current market rates would provide a net effective interest rate of approximately 5.10%. The lower interest rate will provide gross debt service savings of over $1.2 million over the remaining life of the bonds. This Ordinance which was adopted unanimously on First Reading on March 1, provides a savings of about $800,000 to the City of Fort Collins. Since First Reading, interest rates have risen to approximately 5.50% thereby reducing the savings from $1.2 million to about $600,000. Staff recommends that Second Reading be postponed until the market improves. Abuse Prevention Program. Police Services has been awarded a grant totalling $19,000 from the Colorado Department of Transportation, Office of Transportation Safety for funding a Law Enforcement Assistance Fund project for the prevention of substance abuse. This prevention program will target underage drinking by utilizing student involvement, education, and enforcement. The grant will provide for 100% of salary, benefits, and operating expenses for this program. This Ordinance, which was unanimously adopted on First Reading on March 1, ' appropriates $19,000 in grant funds for expenditure in the Police Services 1994 Substance Abuse Prevention Program. Program. The Concrete Improvement Program provides the opportunity for individual property owners to cooperate with the City in improving their curb, gutter, and sidewalk. This voluntary program divides the cost of the improvements between the City and participating property owners. In the 1994 budget, $107,460 was appropriated for the City's share of the program. This Ordinance, which was unanimously adopted on First Reading on March 1, appropriates the amount staff anticipates receiving from participating property owners (unanticipated revenue) for the 1994 program. This amount is estimated to be $60,000. (Filing One). P.U.D. Huntington Hills, First Phase (also referred to as "Filing One") was originally approved by the Planning and Zoning Board on April 30, 1981. Subsequently, a portion of Filing One was replatted as Huntington Hills, ' Filing Two and was approved by the Planning and Zoning Board on May 30, 1984. 174 March 15, 1994 17. In The streets and easements that were dedicated with Huntington Hills Filing Two were intended to supersede those dedicated on the original plat of Huntington Hills, Filing One. However, those streets and easements in Filing One that were within the area replatted by Filing Two have never been vacated. As a result, a cloud exists on the title to many of the lots in Filing Two. Therefore, the developer has requested that the streets and easements as dedicated on the original plat of Huntington Hills Filing One be vacated, except for those not within the boundaries of Filing Two and any streets or easements that overlap with those dedicated on the Filing Two plat. This Ordinance, which was unanimously adopted on First Reading on March 1, provides for these exceptions and reservations to allow the unnecessary portions of the old streets and easements to be vacated while still retaining those streets and easements that were dedicated with Filing Two and those that are necessary to accommodate existing facilities in the portion of Filing One not included in the replat. This Ordinance, which was unanimously adopted on First Reading on March 1, approves the request for Local Landmark Designation for the Frank Miller Stagecoach. A public hearing was held by the Landmark Preservation Commission on February 17, 1994 at which time the Commission voted to recommend designation of this property. Landmark Designation includes designation of significant properties, classified as buildings, structures, objects, sites or districts. The Frank Miller Stagecoach is considered a "structure," a term which is used to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter. During calendar year 1993, Fort Collins Police Services has continued to utilize existing state statutes to seize money and property used in criminal activity. City Council receives annual reports on seizure activity and expenditures of funds. By statute, monies allocated by the court to the seizing agency shall not be considered a source of revenue to meet normal operating needs. These monies are used, instead, to meet expenses incurred by the agency in performing duties and meeting obligations which have not been funded through the routine budget process. These monies have been deposited in the General Fund and set aside in a restricted reserve for police expenditure following appropriation. This appropriation of $109,414 represents the 1992 ending balance of $25,714 plus 1993 income of $83,700. Awards made by the courts during 1994 will be appropriated in 1995. Police Services continues to use these funds for training and tools that enhance the department's ability to respond to crime and for a variety of crime prevention activities. 175 March 15, 1994 19. 20. 21. First Reading of Ordinance No 38 1994 Appropriating Unanticipated I Revenue from the Federal Emergency Management Agency for the City of Fort Collins Emergency Management Program. Fort Collins Police Services has applied for and been awarded "Emergency Management Assistance" (EMA) grants for federal fiscal years 1992, 1993 and 1994. These funds are allocated by the Federal Emergency Management Agency to support emergency management program activities at the local level. Local jurisdictions must first meet specific program requirements and must have an established disaster agency and plan. The Septage Waste Transfer Station at the Mulberry Water Reclamation facility began operations in 1989. Prior to the construction of this facility, septage waste was disposed of at the Larimer County Landfill. The Utility currently issues permits to septage haulers, following Environmental Protection Agency (EPA) guidelines. A permit system allows the Utility to protect the City's wastewater treatment system and receiving waters from harmful pollutants. Concern that the septage hauler permits issued by the Utility might not be enforceable led the Water Reclamation Division and City Attorney's office to review the septage waste haulers permit system. The City Code is ; currently vague on the subject and needs to be amended to support the program. Staff recommends that a definition of septage waste be 'added to the Code, as well as language to authorize staff to require haulers to follow certain operating procedures at the transfer stations. The proposed ordinance adds a definition of "septage waste" to the Code, and will require that all commercial septage waste haulers obtain a permit from the Utility prior to discharging septage waste to the wastewater utility. Storck Development Corporation is developing Hampshire Pond P.U.D. Included in this area will be a 4+ acre regional detention area. The Stormwater Division is purchasing the needed land for the detention area. Just north of this proposed detention area and just east of Hampshire Pond P.U.D. is an unplatted area owned by the City of Fort Collins Light and Power Department. This area was purchased by Light and Power in the 80's for a future substation site. Instead of building a substation at this site, the substation site at Drake Road near the Burlington Railroad tracks was enlarged to serve the area. Light and Power has no immediate plans for this site. 176 March 15, 1994 22. Resolution 94-47 Endorsing the Air Quality Action Plan. The Air Quality Action Plan proposes air quality actions for the City of Fort Collins. The purpose of these actions is to implement the Air Quality Policy Plan (AQPP), an element of the Comprehensive Plan adopted in March 1993. Once approved by City Council, the Action Plan becomes the basis for staff work programs and budget recommendations. 23. Resolution 94-48 Establishing Rental Rates to be Charged for the City's Surplus Water. This Resolution would approve rates for the rental of the City's surplus raw water. Each year, prior to the irrigation season, the Water Board makes a recommendation to the Council on the rental rates to be charged for the City's surplus water. The surplus water rental program was discussed at the February 18, 1994 meeting of the Water Board. The proposed rental rates are based on several factors including past rental rates, assessment rates, and anticipated supply and demand conditions. 24. Resolution 94-49 Urging Federal and State Officials to Support the Development of a Basin -Wide Recovery Program. As part of the process of renewing the special use permit for Joe Wright Reservoir, the United States Forest Service (USFS) determined that the permit renewal for the Reservoir may adversely affect endangered and threatened species located along the Platte River in central Nebraska. In accordance with federal statutes, the USFS requested a review of the issue by the United States Fish and Wildlife Service (FWS). In late 1993, the FWS issued a draft biological opinion stating that the renewal of the special use permit may adversely affect various endangered species in Nebraska along the Platte River. Included in the biological opinion were "reasonable and prudent" alternatives formulated by the FWS which were intended to mitigate any possible adverse effects of the permit renewal. Staff and special legal counsel believe that the "reasonable and prudent" alternatives formulated by the FWS are technically flawed and would be extremely burdensome, if not impossible, for the City to implement and would not aid the recovery of the endangered species. 25. Resolution 94-50 Approving and Endorsinq the Nomination of Mayor Ann Azari The Governor's Office of Boards and Commissions has notified the CDOT- Division of Aeronautics that it is assembling a group of interested applicants for future positions on the Colorado Aeronautical Board. According to the Colorado Revised Statutes 43-10-104 (2), applicants should reside on the Eastern Slope and represent local governments which operate airports. The Governor will select from the group as vacancies on the Board occur. 177 March 15, 1994 27 W. Resolution 94-51 Appointing a Representative to the Larimer County Environmental Advisory Board. A vacancy currently exists on the Larimer County Environmental Advisory Board due to Will Smith's appointment to the City Council. This Resolution appoints Bill Miller, currently serving as the City's alternate member on the Environmental Advisory Board, to fill the vacancy and appoints Tim Johnson as the new alternate member. Resolution 94-52 Making Appointments to the Natural Resources Advisory Board. A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of Ryszard Chojnacki. In addition, a second vacancy exists due to Will Smith's appointment to the City Council on February 17, 1994. Councilmembers Kneeland and Janett reviewed the applications on file and reinterviewed nine individuals. The interview team is recommending the following individuals be appointed to fill the vacancies with terms to expire as set forth below: Name Expiration of Term Donald Tidd July 1, 1996 Philip Murphy July 1, 1997 Routine Deeds and Easements. A. Powerline Easement from Helen Shelgreen, 609 Cornell Avenue, needed to install new underground streetlight service. Monetary consideration: $10. B. Powerline Easement from the Lydia D. Smith Trust, 1317 Yount, needed to install new underground streetlight service. Monetary consideration: $10. Item on Second Reading were read by title by City Clerk Wanda Krajicek. 14. 15. Second F Revenue Program. 16. 178 March 15, 1994 17. Second Reading of Ordinance No. 35, 1994, Designating the Frank Miller Stagecoach as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 32. 37. A. Second Reading of Ordinance No. 27, 1994, Amending Chapter 29 of the City Code of the City of Fort Collins to Establish a Development Review Fee Schedule and Authorize a Waiver for Affordable Housing Projects (Options A and B). B. Second Reading of Ordinance No. 28, 1994, Appropriating Additional Funds for Affordable Housing Purposes and Seeking a Recommendation from the Staff and Affordable Housing Board Regarding the Use of Such Funds. Items on First Reading were read by title by City Clerk Wanda Krajicek. 18. First Reading of Ordinance No. 37, 1994, Appropriating Prior Year Reserves from Police Seizure Activitv. 19. 20. 21. 33. 34 I\VII- LAU!UJI Vi Corporation. Items Relating to the Sherman -Lawler First. Second and Third Annexations and Zonings. B. Hearing and First Reading of Ordinance No. 42, 1994, Annexing Property Known as the Sherman -Lawler First Annexation. C. Hearing and First Reading of Ordinance No. 43, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and ' Classifying for Zoning Purposes the Property Included in the Sherman -Lawler First Annexation, into the RP, Planned Residential Zoning District. 179 March 15, 1994 Hearing and First Reading of Ordinance No. 44, 1994, Annexing ' Property Known as the Sherman -Lawler Second Annexation. Hearing and First Reading of Ordinance No. 45, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Sherman -Lawler Second Annexation, into the RP, Planned Residential Zoning District. H. Hearing and First Reading of Ordinance No. 46, 1994, Annexing Property Known as the Sherman -Lawler Third Annexation. Hearing and First Reading of Ordinance No. 47, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Sherman -Lawler Third Annexation, into the RP, Planned Residential Zoning District. 35. Items Relating to the Willow Springs Annexation and Zoning_ 36. City. Hearing and First Reading of Ordinance No. 32, 1994, Annexing Property Known as the Willow Springs Annexation to the City of Fort Collins, Colorado. Hearing and First Reading of Ordinance No. 33, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City ; of Fort Collins and Classifying for Zoning Purposes the Property to be Included in the Willow Springs Annexation to the City of Fort Collins, Colorado. Lester Litton, 2909 Mount Royal Court, pulled Item #22, Resolution 94-47 Endorsing the Air Quality Action Plan, from the Consent Calendar. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers: Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. WE$ March 15, 1994 Resolution 94-47 Endorsing the Air Quality Action Plan, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Air Quality Action Plan proposes air quality actions for the City of Fort Collins. The purpose of these actions is to implement the Air Quality Policy Plan (AQPP), an element of the Comprehensive Plan adopted in March 1993. Once approved by City Council, the Action Plan becomes the basis for staff work programs and budget recommendations. BACKGROUND: Over the past year, staff and the Air Quality Task Force have drafted an Air Quality Action Plan containing strategies to achieve the air quality objectives contained in the Air Quality Policy Plan. Council reviewed the Action Plan at its 22 February 1994 work session. The proposed Air Quality Action Plan covers motor vehicle technology, commerce and industry, wood burning, and indoor air quality. The proposed Action Plan does not include actions to reduce vehicle miles of travel (VMT) or to reduce traffic congestion. Rather, these actions will be contained in the Congestion Management Plan, to be adopted later in 1994. VMT reduction and traffic congestion actions will become part of the Air Quality Action Plan at that time. ' The Action Plan represents the consensus recommendation of staff and the Air Quality Task Force. If City council adopts the attached Resolution, then staff will carry out a work program based upon the Action Plan. Council will have further opportunities to fine-tune the Action Plan as staff brings forward the appropriate programs, ordinances, and budgetary requests for Council approval. PUBLIC INVOLVEMENT SUMMARY Staff has involved the public throughout the planning process. The draft list of strategies was mailed to over 400 people in November 1993. Staff has made 12 slide presentations to community groups. Comments from the public have been documented in a "listening log." Following plan adoption, a response will be made in writing to each commenter. City boards have also been involved. The Air Quality Task Force recommends the proposed plan. At its March 2 meeting the Natural Resources Advisory Board voted to recommend that City Council adopt the proposed plan. The Planning and Zoning Board indicated its support for the LOGS components of the plan at its February 25 work session. EFFECTIVENESS ' At its February 22 work session, Council members asked for additional information on the effectiveness of the proposed actions and the expected outcomes. We categorized the effectiveness of the proposed actions as low, medium, or high, 181 March 15, 1994 as indicated in the summary information below. Once adopted, the proposed actions will be further developed and brought forward as necessary for City Council action. More detailed estimates of, emission -reduction effectiveness will be presented at that time. In recommending priorities for the Action Plan, staff and the Air Quality Task Force considered effectiveness and "salability" as key factors, but other factors were also considered. For example, Air Quality Policy Plan (AQPP) policy CP-2 stipulates that implementation priority begins with City leadership, then moves to voluntary programs and finally to ordinances. Also, some actions follow a sequence in which each action builds on the one before. And some actions are needed to implement specific AQPP policies, e.g., the emission sticker ordinance implements policy UT-3, which calls for the fullest possible enforcement of State air quality regulations. PRIORITY ONE -- ACTIONS THAT REDUCE MOTOR VEHICLE EMISSIONS VT-1 EMISSIONS STICKER ORDINANCE -- This ordinance has been on the community's list of concerns for six years and won't be hard to implement. It should be a medium priority, for implementation in 1995. Compliance with emission sticker regulations is estimated to be only 75Y by students at CSU. A local ordinance will increase this to the average compliance level of 90% elsewhere in the City and bring hundreds of cars into the AIR program. It may have a high impact near campus and only a moderate impact city-wide. VT-2&3 EMISSIONS TESTING, REPAIR, AND EDUCATION PROGRAM -- This is a high priority project that should be included in the 1994 work plan. Under a Denver -style IM 240 program, CO emission reduction would be doubled and VOC and NOx emission reduction would be tripled compared to the basic program. Improving the emissions testing and repair program locally has more potential to reduce emissions than any other action we could take. VT-4 ALTERNATIVE FUELS (VT-4.1 Establish a leadership role for the City, and VT-4.2 Conduct a voluntary fuel conversion program) -- This strategy is placed in the high priority category for the 1994 work plan because of the ease in implementation that may result from the existing City program and the high level of interest that has been expressed by businesses in converting to alternative fuels. Effectiveness is low in the near term, high in the long term -- the program relies on substitution of alternative fuel engines during the normal replacement of fleet vehicles. VT-5 STREET SANDING AND SWEEPING -- The use of best management practices is not a new direction, as the City Streets Department is already doing a lot. This strategy is a high priority for the 1994 work plan. Best management practices for street sanding and sweeping can 'significantly reduce PM-10; as much as half of the "brown cloud" in front range urban areas is caused by street sanding. Measured improvements in PM-10 levels in recent years are partly a result of practices that the Streets Department has already implemented. C 182 March 15, 1994 ' VT-6 GASOLINE VAPOR RECOVERY -- It would be a simple process to draft an ordinance based on the Denver regulations, and tankers are already equipped to recover vapors, but this strategy would not be scheduled until 1996, due to staff resource constraints. Effectiveness is moderate -- vapor recovery systems reduce 90% of the emissions from gasoline deliveries, which account for less than ten percent of all organic compound emissions., PRIORITY TWO -- ACTIONS THAT REDUCE COMMERCIAL, INDUSTRIAL EMISSIONS CI-1 POLLUTION PREVENTION PROGRAM -- Pollution prevention should be given high priority in the 1994 work plan. Effectiveness is high -- the potential for eliminating pollution through preventive measures is high and varies by specific applications. This voluntary program for existing sources also lays the groundwork for the mandatory program for new sources, below. CI-2 LOGS: NEW STATIONARY SOURCE REVIEW -- This strategy is part of City Council's policy agenda, and the priority is high, but it is scheduled for implementation in 1995-96 to allow time for implementation of the pollution prevention program for existing sources. Although the applicable AQPP objective is "to reduce total emissions... from commercial and industrial sources," this strategy will act only to reduce the amount of emissions growth caused by new sources. In combination with voluntary pollution prevention by ' existing sources, it is possible that this strategy could result in reduced total emissions from commercial and industrial sources. PRIORITY THREE -- ACTIONS THAT REDUCE RESIDENTIAL EMISSIONS WB-1,2, 3,4 WOOD BURNING INCENTIVES AND EDUCATION -- Expanding ZILCH is a high priority for the 1994 work plan. Developing other incentive measures would be scheduled as low priorities, to be implemented in the 1996 work plan. Proposed changes in the ZILCH program would increase its effectiveness by targeting non -certified stove replacements. Fee and tax reductions would motivate individual action to make changes to gas appliances. Effectiveness of wood burning incentives and education is high -- data indicate a 70Y reduction in peoples' wood consumption and a steady decline in particulate pollution from wood smoke over the past 10 years. WB-5 WOOD STOVE POINT -OF -SALE ORDINANCE -- Priority is low, because we need to exhaust voluntary approaches before moving to regulation. Effectiveness is high -- it reduces the inventory of uncertified wood stoves (estimated at about 4,000), which produce more smoke per unit than certified stoves or fireplaces, over time as homes change hands. This strategy is scheduled in the 1996-97 time frame, however, in the event that incentives and education do not increase the replacement rate of uncertified stoves. 183 March 15, 1994 IA-1&2 INDOOR AIR QUALITY ISSUE PAPER AND EDUCATION PROGRAM -- Medium priority, to be implemented in 1995 work plan. Since one goal is to ' reduce indoor air risk through individual action, effectiveness depends upon the proper design and execution of information programs. IA-3 BUILDING CODE CHANGES TO REDUCE INDOOR AIR POLLUTION -- The 1996 timing for the next building code revision puts this project at a low priority, to be included in the 1996 work plan. It has the potential to improve air quality for indoor environments, where people spend up to 80% of their time. Effectiveness is low in the near term, moderate in the long term, since the strategy affects only new buildings. OTHER ACTIONS IN-1&2 BUILD INTERGOVERNMENTAL PARTNERSHIPS -- Medium, to be implemented in the 1995 work plan. These are "leverage" strategies designed to maximize the combined effectiveness of city, county, state, and - federal resources. DA-1&2 DATA COLLECTION, BIENNIAL REPORT, AND MONITORING PLAN -- High priority, to be included in the 1994 work plan. This action is required to implement policy CC -I which calls for biennial review of air quality indicators. ED-2&3 SCHOOL EDUCATION AND LIFE -CYCLE ACCOUNTING -- The scope of this project and resources constraints this in a low , put project priority, to be implemented in 1996. Effectiveness is speculative, but potentially high in the long term. SL-1&2 STATE LEGISLATION TO IMPROVE AIR QUALITY -- Low priority, 1996 work plan. Legislative changes in the motor vehicle emissions testing and repair program are high priority, however, and are included in VT-2, above. Although effectiveness of legislative activity is hard to predict, some highly effective actions such as changes in motor fuel composition are only available through state legislation." Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-47. Lester Litton, 2909 Mount Royal Court, representative of the Local Legislative Affairs Committee at the Chamber of Commerce, stated the Committee and the Chamber have taken a formal position supporting the Air Quality Action Plan. He stated the Commercial and Industrial portion of the Plan should be presented on the State Legislature level to adopt stricter standards verses the City independently adopting stricter standards by Code. He stated requiring separate filings to the City would create an administrative burden on the business community and City staff. He stated a cost benefit analysis should be conducted prior to the adoption of stricter standards. He believed a business focus group should be formed to review specific strategies for the implementation of the ' Commercial and Industrial portion of the Plan. 184 March 15, 1994 ' Councilmember Janett asked the Chamber to submit its information to the Council for review. Councilmember Kneeland stated the City's Legislative Review Committee lobbies the State Legislature for air quality controls that the City of Fort Collins is interested in participating in. Councilmember Apt stated the City should review the pollutants or toxins that are a factor in Northern Colorado and then proceed with lobbying the State Legislature to add those factors to the bill. Councilmember Horak believed the State of Colorado would not pass a stricter plan and that the City's program is reasonable. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None THE MOTION CARRIED. Staff Reports City Manager Burkett updated the Council on natural area purchases. He stated closings have taken place on 7.6 acres of land adjacent to Greenbriar Park, 4.8 acres located next to Legacy Park, and 25 acres of land adjacent to Lincoln Avenue. Councilmember Reports Councilmember Janett stated the bikelanes on Remington are being constructed and are expected to be completed around April 15th. Construction on the Mountain Avenue bikelines should start soon after and be completed by May 6th. She suggested that a tree cutting ceremony take place for the Shields Street widening project. Councilmember Kneeland announced her appointment to the Economic Health Policy Committee from the National League of Cities.. She stated some top issues to be discussed are economic and environmental health, housing (CDBG funds), and NAFTA. Councilmember Horak stated he attended the National League of Cities meeting and that serves on the Energy, Environment, and Natural Resources Committee. He stated that Committee will review stormwater and watershed management, and endangered species etc. 185 March 15, 1994 Items Relating to Amending Chapter 15 of the City Code Relating to Licenses and Business Regulations The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 36, 1994, Amending Chapter 15 of the City Code Relating to Licenses and Business Regulations. B. Resolution 94-53 Authorizing the Composition of the Site Selection and Vending Committee for the Downtown Concessionaire Location. Outdoor vending in the City has steadily increased over the past few years, and complaints and conflicts concerning these vendors have also increased. Many of these problems cannot be adequately addressed under the current City ordinance. Staff has proposed changes to the current ordinance to help the City better manage outdoor vending. Second Reading of Ordinance No. 36, 1994, which was unanimously adopted on First Reading on March 1, 1994, amends Chapter 15 of the Code and includes the changes proposed by staff. During Council's discussion of Ordinance No. 36, 1994, different options were proposed for the composition of the Committee that will be involved in the selection of sites to be used by concessionaires in the downtown area. Attached are three resolutions containing different options for the composition of the I Committee for selection of concessionaire sites in the downtown area. Whichever option is chosen will be used (with the administrative procedures that were discussed at the'March I meeting) to implement the ordinance. Option A is the original proposal for six committee members. Option B adds one more permanent business representative. • Option C adds one additional member, the DBA Director. Throughout the process of amending the outdoor vendor ordinance, the City has been concerned with fairness so that one side not be given an advantage over the other. Staff believes that the addition of the DBA Director (Option C) will not upset this balance, but instead will make the Committee better. The Director is heavily involved in the special events in the concessionaire area and is a conduit for information to the Downtown Business Community. The current director has attended several of the outreach meetings, and is aware of the competing needs, and concerns of the participants. Therefore, staff believes that fairness would be maintained, and valuable insight would be gained with this addition. Consideration has been given to the fact that the current director may leave someday, and the new director may have a different perspective. Staff believes that the DBA Director is a vital part of making this process work, and will work with whomever is in this position. ID March 15, 1994 A great deal of thought was given to the Committee composition. The Committee mix was discussed with customers, permanent vendors, property owners and outdoor vendors. All had strong feelings about how the Committee should be constructed, and it was normally tilted toward the side they supported. All did feel that no one group should have an advantage over the other. Therefore, staff originally proposed Option A which balanced the representation of indoor and outdoor vendors. At the Council meeting, additional options were proposed. With this additional input and after further consideration, staff recommends Option C and believes that this option will strengthen the Committee and maintain the balance. The options proposed are: Option A 1 Permanent vendor representative. 1 Outdoor vendor representative. 4 City staff representatives from departments directly impacted (Planning, Zoning, Transportation, Treasury). 0 Option B 2 Permanent vendor representatives. I Outdoor vendor representative. 4 City staff representatives directly impacted (Planning, Zoning, Transportation, Treasury). 7 Option C 1 Permanent vendor representatives. 1 Outdoor vendor representative. 1 Director of the Downtown Business Association (DBA). 4 City staff representatives directly impacted (Planning, Zoning, Transportation, Treasury). 7 187 March 15, 1994 The Committee structure will be included in the process and procedural guidelines that were discussed in the meeting on March 1. Those guidelines also address criteria for the RFP, tentative criteria for the site selection committee and mandatory conditions that will be included in either the concessionaire agreements or the rules and regulations adopted by the Financial Officer for implementation of the ordinance. This is the current method used for sales and use tax administration, and it works well due to the varied and changing situations that occur and that must be addressed in a timely manner." Bob Eichem, Treasury Administrator, stated there were no changes in the proposed Ordinance prior to Second Reading. He stated there are three options of the Resolution. Staff recommends Option C because the DBA Director would be a valuable addition to the Committee. Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt Ordinance No. 36, 1994 on Second Reading. Kay Rios, 160 Circle Drive, believed the Oldtown Plaza should not be excluded from the Ordinance. She stated the Plaza's agreement should be reworked. Councilmember Apt asked if the Plaza's agreement could be revised. Councilmember Horak stated that although the City would participate in revising the agreement, the other party does not want to revise the agreement. City Attorney Roy stated it was not in the City's power to change the agreement. He stated the agreement is contained in covenants that were established at the time Old Town was rehabilitated. Councilmember Horak asked,if the City had any recent discussions with the other party regarding revisions to the agreement. City Manager Burkett stated there have been recent discussions and some areas were changed; however, they are not willing to change that specific part of the agreement. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-53, Option C. Councilmember Kneeland stated her appreciation to staff for addressing the needs of Council with the Resolution. Councilmember Janett believed the addition of the DBA Director adds another, viewpoint for the business community at large and provides balance to the Committee. 1 UE March 15, 1994 The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Ordinance No. 41, 1994 Repealing and Reenacting Division 1, Article IV of Chapter 15 of the Code of the City of Fort Collins Relating to Solicitations and Repealing and Reenacting Section 17-42 of the Code Concerning Posting (Options A or B). Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Pursuant to Council's request, in early 1993 City staff formed a Task Force to review the City's Green River Ordinance (Section 15-106 of the Code) which prohibits door-to-door solicitations. The Task Force developed a survey and sent it to 1,000 City residents to determine their concerns about the ordinance. The survey results showed 899 favored keeping the ban on door-to-door solicitations; 6Y favored allowing solicitations for perishable goods; 2Y favored regulating but not banning commercial solicitations and 2% favored repealing the Green River Ordinance. The survey also asked a question about whether the City should adopt an ordinance banning "door hangers" if a "No Solicitation" sign were posted. The results showed 66Y were in favor of such a ban, 34% were opposed. The Task Force drafted changes to the present Green River Ordinance and also drafted a prohibition against "door hangers" when appropriate signs are posted. The door hanger ordinance is included as part of the City's posting ordinance (Code Section 17-42). Adoption of these changes will:. 1. Clarify that door-to-door solicitations at private residences are prohibited (with certain exceptions, see #3 below). 2. Clarify that solicitations at places open to the .public are prohibited only when a "No Solicitation" sign is posted. 3. Clarify that door-to-door solicitations by charitable, political or religious organizations or for newspapers or magazines are permitted unless a "No Trespassing" or "No Solicitation" sign is posted. 4. Clarify that the solicitation of a gift or donation is prohibited when a "No Trespassing" or "No Solicitation" sign is posted. 5. Prohibit "door hangers" when a "No Trespassing," "No Solicitation" or "No Posting" sign is posted. 6. Clarify that "door hangers" are permitted at places that are connected to public rights -of -way by an unobstructed improved walkway (e.g. a house connected to a public sidewalk by a walkway), unless the appropriate sign is posted. W11 March 15, 1994 7. Clarify that attempts to gain an invitation to visit a residence for the purpose of soliciting is prohibited (Option A) or clarify that such attempts made by telephone or otherwise are not prohibited (Option 8). A copy of the proposed ordinance changes and a letter explaining the changes was sent to over 30 persons who have been involved with or expressed an interest in these proposed changes. An open house was also held on March 3, 1994, to receive input and answer questions about the proposed changes. BACKGROUND: The City's Green River Ordinance (Section 15-106 through 15-108 of the City Code) prohibits door-to-door solicitation for the purchase or sale of goods or services without an invitation. The ordinance is designed to protect the privacy and safety interests of City residents. From time to time the City has received complaints about the Green River Ordinance from vendors who feel the ordinance is too restrictive. In response to these concerns, the Council directed City staff to review the Green River Ordinance to determine if it was meeting the needs of City residents and to propose any necessary or desired changes to the ordinance. Task Force Review Process City staff formed a Task Force to review issues related to the Green River Ordinance. The Task Force developed a survey and sent it to a random sample of 1,000 City residents. The survey asked whether the City should keep the existing ban on door-to-door solicitations; change it to allow for introductory solicitations for perishable goods; change it so that commercial solicitations would be regulated but not prohibited, or repeal the ordinance. The survey also included a question asking whether the City should adopt a new ordinance prohibiting the attachment of "door hangers" when a "No Solicitation" sign is posted. This question was asked because the City had received complaints about "door hangers" and because "door hangers" also present safety and privacy issues. Over 400 completed surveys were returned. Eighty-nine percent (89q) of those responding were in favor of keeping the City's ban on door-to-door commercial solicitations in residential neighborhoods. Six percent (6%) were in favor of allowing solicitations for perishable goods. Two percent (2q) were in favor of changing the ordinance so that commercial solicitations would be regulated, but not prohibited, and two percent (2Y) were in favor of repealing the Green River Ordinance. With regard to the question concerning "door hangers," sixty-six percent (66%) of those responding were in favor of the City adopting a new ordinance to prohibit the attachment of "door hangers" when a "No Solicitation" sign is posted at a residence. Thirty-four percent (34%) of those responding were not in favor of such an ordinance. In response to the survey results, input from concerned citizens, and concerns regarding the present wording of the Green River Ordinance, the Task Force drafted proposed changes to the Green River Ordinance and modified the Ordinance pertaining to posting to prohibit "door hangers" when the appropriate sign is posted. 190 March 15, 1994 General Prohibition Proposed Sections 15-106, .15-107, and 15-108 (Option A) comprise the new Green River Ordinance and clarify that door-to-door solicitations at private residences are prohibited and that solicitations at places open to the public, such as offices and public buildings, are permitted unless a "No Solicitation" sign is posted. The privacy and safety interests of private residences are sufficiently compelling to legally support the prohibition against solicitations. However, places that are open to the public do not have the same privacy and safety concerns as private residences and, therefore, the new ordinance requires the posting of a "No Trespassing" or "No Solicitation" sign to prevent solicitations in these places. Exemption for Non-Commercia7.So7icitations The Green River Ordinance has been changed to clarify that it does not prohibit door-to-door solicitations by charitable, political, or religious organizations or newspaper or magazine solicitations unless a "No Solicitation" or "No Trespassing" sign is posted. This change is required because the U.S. Constitution provides charitable, political, and religious organizations and newspapers and magazines greater protection under the First Amendment. However, solicitations by these organizations can be prevented by the posting of a "No Solicitation" or "No Trespassing" sign. This change acknowledges the right of a City resident to prevent solicitations by these organizations by posting a "No Solicitation" or "No Trespassing" sign. The Green River Ordinance has also been changed to allow occupants of private and public premises to prevent solicitations of gifts and donations by posting a "No Trespassing" or "No Solicitation" sign. Door Hangers Prohibited by Posting of Sian The Code change prohibiting door hangers by posting an appropriate sign has been added to the existing posting ordinance (Section 17-42). Door hangers could be prohibited when a "No Trespassing," "No Solicitation" or a sign specifically prohibiting posting is posted. At the open house, representatives of businesses that use door hangers did not want a "No Solicitation" sign to be construed as prohibiting door hangers. They felt many people who post "No Solicitation" signs wish to prevent "door knock" solicitations but do not wish to prevent door hangers. The Task Force believes that door hangers are a form of solicitation, and it is necessary to state in the Ordinance that a "No Solicitation" sign will prohibit door hangers as well as personal solicitation. The proposed door hanger ordinance also clarifies that door hangers are permitted if a sign prohibiting them is not posted and if the premises are connected to the public right-of-way by an unobstructed improved walkway. This clarification is based on the law which recognizes implied permission to enter upon property for lawful purposes if there is an unobstructed, improved walkway connecting the premises to the public right-of-way. 191 March 15, 1994 Options A and B - Whether to Prohibit "Off Premise" Solicitations Input received at the open house from the business community was strongly opposed to the existing prohibition against seeking to obtain an invitation to visit a business or residence by telephone or other methods (Section 15-108). They explained that it is a common business practice to telephone a potential customer to gain permission to call on them. They were surprised that this was a crime under the City Code and questioned the enforceability of the ordinance and the need for it. Police Services agreed the ordinance is difficult to enforce and that there have been few, if any, instances where it has been enforced. The business community did not object to retaining the prohibition against attempting to obtain an invitation to visit by going door to door. The Task Force is not opposed to removing the prohibition against obtaining invitations to visit by telephone or other methods. However, the Task Force believes it is important to retain the prohibition against attempting to gain such invitations by going door to door in order to preserve the integrity of the Green River Ordinance. Both Options A and B preserve the prohibition against attempting to obtain invitations to visit by going door to door. Option A also prohibits these attempts at residences when made by telephone or other methods. Option B does not prohibit these attempts when made by telephone or methods other than going door to door. Summary In summary, the proposed ordinance changes preserve the City's prohibition against door-to-door solicitations at private residences. The changes also prohibit such commercial solicitations at public buildings and offices when a "No Solicitation" sign has been posted. This prohibition is consistent with the desires of the citizens of Fort Collins as shown by the survey responses. In addition, the proposed changes prohibit door hangers at public or private places when an appropriate sign is posted. This too, is consistent with the survey results and provides citizens with the ability to prevent these door hangers by posting the appropriate sign. However, "door hangers" will still be allowed upon premises that have not posted the required sign if there is an improved, unobstructed walkway to a public right-of-way. If Council is in agreement with all of the foregoing, the choice to be made between Options A and 8 is whether to prohibit the "off -premise" solicitation of invitations to visit residences, e.g., by telephone or mail. If so, Option A should be chosen. If not, Option B should be chosen." Diane Jones, Deputy City Manager, stated the Greenriver Ordinance prohibits door- to-door solicitation for the purpose of selling goods or services without an invitation. She stated the Ordinance is designed to protect the privacy and safety interests of the community. She stated a team consisting of staff from the City Attorney's Office, Police Services, the Sales and Use Tax Office, and the City Manager's Office identified some questions and concerns with respect to the wording of the existing Ordinance. She stated the team designed and distributed a survey to approximately 1,000 City of Fort Collins residents which addressed door-to-door solicitations and door hangers.. She stated 89% percent were in favor of keeping the Greenriver Ordinance, 66% believed door hangers should be prohibited, and 34% did not favor the prohibiting of door hangers. 192 March 15, 1994 Marty Heffernan, Assistant City Attorney, explained current Ordinance provisions and the substance of the proposed changes. He outlined the steps for which businesses and citizens to prevent solicitors from coming to the door and the steps to prevent door hangers. Councilmember Kneeland asked how the Ordinance would be enforced. Heffernan stated the Ordinance is enforced on a complaint basis. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 41, 1994 Option A, on First Reading. Barbara Birdsall, 6610 Debra Drive, believed the survey was not valid. She stated less than one half of one percent of the residents in Fort Collins answered the survey. She stated there needs to be separation between door hangers and door-to-door solicitation. She presented letters to Council from citizens regarding their concerns about the proposed changes to the Ordinance. Linda Norton, 2537 Orchard Place, stated she is the President of the Fort Collins Board of Realtors and believed Option A would have an adverse affect on small businesses. She stated the phone solicitation aspect of the Ordinance is redundant since the introduction of the Federal Law regarding Telemarketing occurred in 1993. Jerry Valko, 3133 Birmingham Drive and owner of Welcome -Welcome. He stated this service provides an opportunity for new residents to become better acquainted with the City. He stated the only way to provide this service to the new residents is by contacting them by phone and then they indicate whether they would like to received this service. He stated Option A would close his business. Lisa Clay, 1618 Briarcliff Road and representing the Legislative Affairs Committee at the Chamber of Commerce, stated its support for Option B of the Ordinance. Option B does not allow door-to-door solicitation accept under limited circumstances and is beneficial to the community. She stated it allows door hangers except when there are no trespassing signs visible and those signs only involve 5 percent of the community. She stated the Committee supports phone solicitation because it puts the choice in the citizen's hands. She stated the phone solicitation portion of the Ordinance only affects local businesses, whereas outside of the City solicitors are federally regulated. Susan Kirkpatrick, 2312 Tanglewood Drive, stated she supported Option A of the Ordinance. She stated the proposed changes are an improvement to the current Ordinance. She believed the residents of Fort Collins are not well informed of the Ordinance and are vulnerable to many health and safety concerns. She stated Option A of the Ordinance protects the privacy of the residents in their homes. Susan Meyers, 6465 Hidden Springs Road, stated she supported Option B of the Ordinance. She stated small business owners would be severely affected by Option A of the Ordinance. She stated Option B provides the small business an opportunity to market its services. She stated the small business has difficulty meeting the financial requirements of advertising and must resort to less expensive manners. 193 March 15, 1994 Dan Mackey, 1013 Hinsdale Drive, stated he would support Option C of the Ordinance which would be a compromise between Options A and B. He stated the small business owner would disappear from Fort Collins because of the restrictions that are being placed on them. Paul Thompson, 705 Cherokee Drive, stated that Option A prohibits the citizen from saying yes to solicited materials. He stated the citizens should have the freedom to decide whether or not they would like to receive any type of materials. Andra Ramsey, 1729 West Lake, stated she did not support Option A of the Ordinance. She stated Fort Collins has grown and the adoption of Option A would be a step backwards. Al Baccili, 520 Galaxy Court, stated he supported Option A of the Ordinance. He stated there are sufficient advertising methods for small businesses of this community. Heffernan stated that Option A of the Ordinance restates what has already been adopted and does not prohibit phone solicitations unless the caller asks for an invitation or to demonstrate a product. Councilmember Smith stated he would support Option A of the Ordinance. He stated the Ordinance does not inhibit the business community except when asking for an invitation to the residents home. Councilmember Kneeland stated she would support Option A of the Ordinance. She believed there are other ways to promote business without being in violation of the Ordinance. Councilmember Apt stated he would support Option A of the Ordinance. He believed this Ordinance was not detrimental to the small business owner and did not believe phone solicitation was being restricted. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Kneeland, and Smith. Nays: Councilmember Janett. THE MOTION CARRIED. Items Relating to the Sherman -Lawler First, Second and Third Annexations and Zonings The following is staff's memorandum on this item. "EXECUTIVE SUMMARY SHERMAN-LAWLER FIRST A. Public Hearing and Resolution 94-54 Setting Forth Findings of Fact and Determinations Regarding the Sherman -Lawler First Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 42, 1994, Annexing Property Known as the Sherman -Lawler First Annexation. 194 March 15, 1994 C. Hearing and First Reading of Ordinance No. 43, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Sherman -Lawler First Annexation, into the RP, Planned Residential Zoning District, with two conditions attached: 1) A11 development requests be processed as a Planned Unit Development (P.U.D.). The P.U.D. zoning condition requires that all development proposals be reviewed against the goals and objectives of the City's Comprehensive Plan and the criteria of the Land Development Guidance S stem. 2) The property known as the Sherman -Lawler First Annexation be placed in the Residential Neighborhood Sign District and be subject to all limitations and requirements of the district as defined in Sections 29-593 and 29-593.1 of the City Code. This is a request to annex and zone 0.7416 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Willox Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property consists entirely of a portion of the existing Spaulding Lane road right-of-way that has been dedicated to Larimer County. The property is currently zoned FA, Farming in the County. This is a voluntary annexation: APPLICANTS: City of Fort Collins OWNERS: County of Larimer, State of Colorado BACKGROUND: The applicants, being the City of Fort Collins, have submitted a written petition requesting annexation of 0.7416 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Wi11ox Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property consists entirely of a portion of the existing Spaulding Lane road right-of-way that has been dedicated to Larimer County. The property is currently zoned FA, Farming in the County. This is a 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 Aqreement 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 from a common boundary with the Wi11ox Heights Annexation to the south. SHERMAN-LAWLER SECOND D. Public Hearing and Resolution 94-55 Setting Forth Findings of Fact and Determinations Regarding the Sherman -Lawler Second Annexation and Zoning. 195 March 15, 1994 E. Hearing and First Reading of Ordinance No. 44, 1994, Annexing Property Known as the Sherman -Lawler Second Annexation. F. Hearing and First Reading of Ordinance No. 45, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Sherman -Lawler Second Annexation, into the RP, Planned Residential Zoning District, with two conditions attached: 1) A11 development requests be processed as a Planned Unit Development (P.U.D.). The P.U.D. zoning condition requires that all development proposals be reviewed against the goals and objectives of the City's Comprehensive Plan and the criteria of the Land Development Guidance System. 2) The property known as the Sherman -Lawler Second Annexation be placed in the Residential Neighborhood Sign District and be subject to all limitations and requirements of the district as defined in Sections 29-593 and 29-593.1 of the City Code. This is a request to annex and zone 12.4540 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Spaulding Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property is being used as a large acreage residence. The property is currently zoned FA, Farming in the County. This is a voluntary annexation. APPLICANTS: Sandcreek Associates LLC P.O. Box 9684 'Fort Collins, CO 80525 OWNERS BACKGROUND: Raymond E. and Frances Ray Ford 719 Breakwater Drive Fort Collins, CO 80525 Robert H. and M. F. Pike 403 East Pitkin Street Fort Collins, CO 80524 Judith F. Gunn 9609 North 26th Place Phoenix, AR 85028 The applicants, Sandcreek Associates LLC, have submitted a written petition requesting annexation of 12.4540 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Willox Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property is in residential use. The property is currently zoned FA, Farming in the County. This is a voluntary annexation. 1 196 March 15, 1994 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 wi11 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 from a common boundary with the Sherman -Lawler First Annexation to the south. SHERMAN-LAWLER THIRD G. Public Hearing and Resolution 94-56 Setting Forth Findings of Fact and Determinations Regarding the Sherman -Lawler Third Annexation and Zoning. H. Hearing and First Reading of Ordinance No. 46, 1994, Annexing Property Known as the Sherman -Lawler Third Annexation. Hearing and First Reading of Ordinance No. 47, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Sherman -Lawler Third Annexation, into the RP, Planned Residential Zoning District, with two conditions attached: 1) A11 development requests be processed as a Planned Unit Development (P.U.D.). The P.U.D. zoning condition requires that all development proposals be reviewed against the goals and objectives of the City's Comprehensive Plan and the criteria of the Land Development Guidance System. 2) The property known as the Sherman -Lawler Third Annexation be placed in the Residential Neighborhood Sign District and be subject to all limitations and requirements of the district as defined in Sections 29-593 and 29-593.1 of the City Code. This is a request to annex and zone 8.2402 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Spaulding Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property is being used as a portion of a large acreage residence. The property is currently zoned FA - Farming, R - Residential, and C Commercial in the County. This is a voluntary annexation. APPLICANTS: Sandcreek Associates LLC P.O. Box 9584 Fort Collins, CO 80525 OWNERS: Raymond E. and Frances Ray Ford 719 Breakwater Drive Fort Collins, CO 80525 Robert H. and M. F. Pike 403 East Pitkin Street Fort Collins, CO 80524 197 March 15, 1994 Judith F. Gunn 9509 North 26th Place Phoenix, AR 85028 BACKGROUND: The applicants, Sandcreek Associates LLC, have submitted a written petition requesting annexation of 8,2402 acres located east of Terry Lake Road (Colorado State Highway No. 1) and North College Avenue between Willox Lane and Country Club Road. The requested zoning is the RP, Planned Residential District (with a P.U.D. condition) and staff is recommending that this property be placed in the Residential Neighborhood Sign District. The property is a portion of an existing residential use. The property is currently zoned FA - Farming, R - Residential, and C - Commercial in the County. This is a 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 from a common boundary with the Sherman -Lawler Second Annexation to the south. The surrounding zoning and existing land uses are as follows: N: R; existing single family residential in Larimer County 5: C, M1; existing single family residential in Larimer County E: FA; existing single family residential in Larimer County W: C, M1, R; Terry Lake and vacant land in Larimer County The requested zoning for all three annexations is the RP, Planned Residential District (with a P.U.D. condition). The RP District is for areas planned as a unit to provide variation in use and building placement. The P.U.D. zoning condition requires that all development proposals be reviewed against the goals and objectives of the City's Comprehensive Plan and the criteria of the Land Development Guidance System. The current dedicated road right-of-way use for Sherman -Lawler First Annexation is an allowable use in the RP District and the current residential use for Sherman -Lawler Second and Third Annexations is an allowable use in the RP District. Staff is recommending that tl Neighborhood Sign District, whi signs for non-residential uses may be particularly affected residential use and character. surrounded by existing urban believes that it is important District. ese properties be placed in the Residential �h was established for the purpose of regulating in certain geographical areas of the City which by such signs because of their predominantly These sites are adjacent to and completely and rural residential uses; therefore, staff for these properties to be included in the Findings: 1. The annexation of these areas is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 198 March 15, 1994 11 The areas meet all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. On February 1, 1994, the City Council approved resolutions which accepted the annexation petitions and determined that the petitions were in compliance with State law. The resolutions also initiated the annexation process for the properties by establishing the date, time and place when public hearings would be held regarding the readings of the Ordinances annexing and zoning the areas. The requested RP, Planned Residential District (with a P.U.D. condition) is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexations and requested zonings with conditions stating that all development requests be processed as a Planned Unit Development (P.U.D.). The P.U.D. zoning condition requires that all development proposals be reviewed against the goals and objectives of the City's Comprehensive Plan and the criteria of the Land Development Guidance System and that the properties known as the Sherman -Lawler First, Second, and Third Annexations be placed in the Residential Neighborhood Sign District and be subject to all limitations and requirements of the District as defined in Sections 29-593 and 29-593.1 of the City Code. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board conducted zoning requests at its regular monthly 5-0 to recommend approval of all three the conditions recommended by staff." a public hearing on these annexation and meeting on February 28, 1994, and voted annexations and requested zonings, with Steve Olt, City Planner, stated the Sherman -Lawler Annexations are comprised of three annexations and zonings, but will be handled as one item. He described in detail the differences between the three annexations. He stated the total property consists of 21.43 acres and the requested zoning for all three properties is R-P (Planned Residential) with a PUD condition. Councilmember Apt asked if the property is within the Urban Growth Area. Olt stated the property is within the Urban Growth Area and approximately 2 miles south of the northern Urban Growth Area boundary line. Don Masard, Ford Lane, stated the discussion of annexing this property should have taken place prior to any submittal. He believed that because a property lies within the Urban Growth Area doesn't mean that it automatically should be annexed. He stated Country Club Road is unsafe for residents and is a severe hazard for children attending Tavelli Elementary School. He stated if the annexation were to be adopted that an overall master plan should be developed for the area. 199 March 15, 1994 Janine Hammond, Ford Lane, stated traffic is a major concern for the proposed annexation and believed a formal traffic study should be completed. She stated the increased traffic would have a great effect on the area and proposes several safety concerns. Councilmember Kneeland asked what the residents of the surrounding properties obligations would be if the annexations were adopted. Olt stated those concerns would be reviewed in conjunction with the development proposal. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 94-54. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 42, 1994, on First Reading. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 43; 1994, on First Reading. Councilmember Kneeland believed the neighborhoods development concerns would be addressed adequately during the PUD process. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Resolution 94-55. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 44, 1994, on First Reading. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 45, 1994, on First Reading. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. 200 March 15, 1994 ' Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 94-56. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 46, 1994, on First Reading. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 47, 1994, on First Reading. Councilmember Horak believed that developing this property up to urban standards presents a safer environment for the residents and the children to walk to and from school. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Items Relating to the Willow Springs Annexation and Zoning This is staff's memorandum of this item. "EXECUTIVE SUMMARY A. Public Hearing and Resolution 94-35 Setting Forth Findings of Fact and Determinations Regarding the Willow Springs Annexation. B. Hearing and First Reading of Ordinance No. 32, 1994, Annexing Property Known as the Willow Springs Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 33, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property to be Included in the Willow Springs Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone approximately 119 acres located three- quarters of a mile south of Harmony Road on the west side of Timberline Road. The annexation consists of one parcel of land under single ownership. The property currently contains one farm house with pasture and is zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned ' Residential, with a Planned Unit Development (PUD) condition. This is a voluntary annexation. 201 March 15, 1994 APPLICANT: Trustar, Inc. ' c/o Jim Sell Design 117 East Mountain Avenue Fort Collins, CO 80524 OWNER: Lyal Nelson Estate c/o Rodney Nelson Sonja Rose 6312 East Harmony Road 5429 East County Road #58 Fort Collins, CO 80525 Fort Collins, CO 80524 BACKGROUND: 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 the property in the UGA when the property is eligible for annexation according to State law. One sixth of the property boundary is contiguous to City limits. The property, therefore, is eligible for annexation into the City of Fort Collins. The property is contiguous to City limits along the entire north and west property lines. The property to the north, known as the South Harmony Annexation (406.59 acres), was annexed into the City of Fort Collins in 1985. N On the west, the property is bordered by a sliver of land known as the Union Pacific South Fourth Annexation (76.05 acres) annexed into the City in 1988. Just west of this railroad right-of-way is the Keenland Annexation (617.60 acres) which was annexed into the City in 1980. This portion of the Keenland Annexation is Oak Ridge Village P.U.D., Second Filing, a residential project. Another property just west of the railroad right-of-way is the Lyal Nelson Annexation (5.36 acres) annexed in 1989, and currently vacant. The property to be annexed is made up of one parcel under single ownership. The current owners are: Rodney Nelson Sonja Rose 6312 East Harmony Road 5429 East County Road #58 Fort Collins, CO 80525 Fort Collins, CO 80524 Zoning The property is currently zoned FA-1, Farming, in the County. The proposed zoning for this annexation is R-L-P, Low Density Planned Residential, with a PUD condition. The R-L-P District designation is for areas of low density residential development. The property to the north is in the R-L-P, Low Density Residential Zoning District, is in the City, and is vacant. The property to the west is divided between Oak Ridge Village P.U.D. and the Lyal Nelson Annexation (undeveloped). The property to the east is Timber Creek P.U.D. and Stetson Creek P.U.D., two residential filings being part of the Rock Creek Overall Development Plan (1993). The proposed zoning of the Willow Springs property is compatible with the ' surrounding area. 202 March 15, 1994 . According to Section 1.3 of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA: "new residential development in the UGA shall mitigate potential negative impacts on adjacent existing residential development by maintaining the character and density of the existing development along common boundaries. Greater mitigation will be required along simple property boundaries than where major arterial streets separate projects." Additionally, policy #12 of the City of Fort Collins Land Use Policies Plan states: . "Urban density residential development usually at three or more units to the acre should be encouraged in the urban growth area." Further, policy #13 of the Land Use Policies Plan states: "Rural density residential development usually at one or less units to the acre shall not be allowed in the urban growth area." The property is located on the fringe of urban development and has rural county development on south and a portion of the east side. Staff is recommending a P.U.D. condition because the property has frontage on an arterial street and has special buffering needs along the railroad tracks, issues which are more successfully considered by the P.U.D. process rather than the subdivision code. Also, the P.U.D. condition will guarantee a minimum density of three dwelling units per acre. Residential Neighborhood Sion District Staff recommends that this property be included in the Residential Neighborhood Sign District and the map designating this area be amended to reflect this addition. , Findings 1. The annexation of this property is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. On January 18, 1994, City Council considered and passed a resolution setting forth the intent to annex this property and establishing the date of public hearing for the annexation and zoning ordinances. 4. The requested zoning of R-L-P, Low Density Planned Residential with a P.U.D. condition is in conformance with the policies of the City's Land Use Policies Plan and the INTERGOVERNMENTAL AGREEMENT, and is compatible with the surrounding zoning districts and existing land uses. "3 March 15, 1994 STAFF RECOMMENDATION: ' Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board considered the annexation and zoning request at its regular monthly meeting on February 28, 1994, and voted 5-0 to recommend approval of the annexation and requested zoning, with the condition that the entire property be developed as a planned unit development." Councilmember Janett withdrew from discussion and vote on this item due to a perceived conflict of interest. Ted Shepard, Senior City Planner, stated the request is to annex and zone approximately 119 acres, located on the westside of Timberline Road. He stated the requested zoning is R-L-P, Low Density Planned Residential, with the condition that all development occur as a Planned Unit Development. Jim Sell, representative for the developer, stated the proposed annexation of a 119 acres is part of a 130 acres tract, of which the balance is currently within the city. He stated the section of the 130 acres that lies within the city is zoned R-L-P with a PUD condition. Steve Humann, TST Consulting Engineers, stated the proposed development of the property would provide for the widening of Timberline to a four lane arterial. He stated there is an existing sewer line on the property that has adequate I capacity for the surrounding area. He stated all city facilities are available to the proposed annexation. Sell stated the project meets criteria listed in the Land Use Policies Plan. He stated currently the FA-1 Zone for the property would allow only 1 unit per acre; whereas, the proposed zoning would allow 3 units per acre. Vern Mobley stated he was opposed to the annexation and zoning of the property. He stated the proposed density is too high for the vicinity and proposes a safety issue. He stated he was opposed to any multi -family housing that may be developed on the property. He asked that the adoption of the annexation and zoning requests be delayed until the Fort Collins -Loveland Corridor Study is completed. He urged Council not to support the annexation and zoning requests. Kevin Thomas, 5200 McMurry Avenue, stated he was opposed to the extension of Keenland Drive in Oakridge Village. He stated the traffic flow would increase from 200 vehicles per day to approximately 4,000 vehicle per day. He stated that increased traffic proposes an extreme safety issue for the residents of Oakridge Village. He stated the proposed project would access the Oakridge Village Park which would create increased maintenance, vandalism and various additional costs to the residents of Oakridge. David Osborn, attorney representing the developer, stated that any concerns the surrounding neighborhoods have regarding traffic etc. should be addressed after I the annexation has been approved. He stated those types of concerns should be discussed during the PUD process. 204 March 15, 1994 ' Gary Thomas, 1533 River Road Drive, opposed the annexation. He stated the annexation of the property and the development of the property should be considered jointly. He stated the neighborhood has corresponded with Councilmember McCluskey and the Planning and Zoning Board and has not received any responses to its concerns. Gerry Dusbabek, 1613 Trailwood Drive, stated there are several safety issues regarding Keenland Drive. He stated the development of Keenland Drive should be considered with the annexation and zoning of the proposed project. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 94-35. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 32, 1994, on First Reading. Councilmember Kneeland. stated the annexation is appropriate for that area and believed the surrounding neighborhood concerns would be addressed through the PUD process. Councilmember Apt stated that annexing the property independent from the PUD process is more beneficial for the surrounding neighborhoods. He stated that by considering the annexation and the PUD separately it presents more time for ' public comment on the project. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Kneeland, and Smith. Nays: None. _THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 33, 1994, on First Reading. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Items Relating to Establishing a Development Review Fee Schedule and Reducing Affordable Housing Costs This is staff's memorandum on this item. "FINANCIAL IMPACT To the City: Option A of Ordinance No. 27, 1994, as adopted on first reading would recover 80% of the costs incurred and the revenues received through these for development review (planning) fees, increased fees will be applied to offset ' most of the costs for development review services. As a result, General Fund monies which have been used to cover these costs can now be used for other 205 March 15, 1994 purposes, e.g., to pay some impact fees for eligible affordable housing projects. While this may not be perceived as having a detrimental impact to the General Fund in the short run, subsidizing impact fees may be viewed as a continuing service that will need to be funded in the future. The fee revenues will be part of the spending base subject to growth limits under Article X, Section 20 of the Constitution. Option 8 of Ordinance No. 27, 1994, would reduce the amount of increase to the General Fund, and, therefore, would reduce the amount available to subsidize impact fees for eligible affordable housing projects. To Eligible Affordable Housing Projects: The financial impact would be to reduce some of the development costs for eligible affordable housing projects. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 27, Code of the City of Fort Collins t Schedule and Authorize a Waiver for A and B). 1994, Amending Chapter 29 of the City Establish a Development Review Fee Affordable Housing Projects (Options B. Second Reading of Ordinance No. 28, 1994, Appropriating Additional Funds for Affordable Housing Purposes and Seeking a Recommendation from the Staff and Affordable Housing Board Regarding the Use of Such Funds. The proposed ordinances to be considered by City Council will accomplish the following: Recover between 40% and 80Y of the costs incurred for development review (planning) services: Option A of Ordinance No. 27, 1994, would increase development review fees to 80% of the costs incurred for development review functions in City departments excluding Parks and Recreation, Zoning, Water and Wastewater, and Stormwater. This is the Option adopted by the City Council on First Reading on February 15, 1994. Option 8 of Ordinance No 27, 1994, would increase development review fees to 80% for larger projects, but would impose lower fees for smaller projects. An option varying the fee increase based on size of project was requested by Council on February 15. Second Reading was delayed to March 15 to allow time for this option to be developed. Option B varies the fee schedule based essentially on the same size categories developed in the Neighborhood Compatibility Ordinance. Residential projects of 100 dwelling units or more and commercial projects of 50,000 square feet or more would pay fees at the SOY level. Residential projects between 50 and 100 units, and commercial projects between 25,000 and 50,000 square feet would pay fees at the 64Z level. Residential projects of less than 50 units and commercial projects of less than 25,000 square feet would pay fees at the 40% level. Projects consisting only of change of use or an expansion of existing improvements would also have reduced fees, depending upon the size of the expansion. 206 March 15, 1994 ' 2. Waive development review fees for Affordable Housing projects that meet certain eligibility requirements. 3. Appropriate funds from unanticipated General Fund revenues for affordable housing purposes (Ordinance No. 28, 1994). The wording of this Ordinance has been changed on second reading to specify that,.in any given year, monies appropriated for affordable housing purposes and unexpended by year's end would lapse to the Affordable Housing Reserve. 4. Refer subsidy of affordable housing impact fees to staff and the Affordable Housing Board for additional analysis and recommendations (Ordinance No. 28, 1994). The Affordable Housing Board has made the commitment to complete its work by May 31, 1994, and has appointed a sub -committee which has begun its work on this issue. Planning and Zoning Board Recommendation: At the October 4, 1993, Planning and Zoning Board meeting, the Board voted 4-3 to recommend to recommend that the Cost Recovery Level for Development Review Fees be set at 20% and that fees be based on the "A11 Costs" category, excluding those departments that are currently charging fees that recover development review costs (Parks and Recreation and Zoning). The Board also recommended the following actions be taken: 1. Establish a means of waiving or reducing fees for small scale ' projects; 2. Review fees on an annual basis for inflation, as well as for the costs of providing the service; 3. Record data on the time actually spent on projects; and 4. Address the Appeals Fee under the same basis philosophy (determining costs and establishing level of cost recovery). At the March 7, 1994 meeting, the Planning and Zoning Board reviewed Ordinances No. 27, 1994 Options A and B, and Ordinance No. 28, 1994, and reaffirmed its first recommendation as stated on October 4, 1993. The Board feels the residents of the City are the primary beneficiaries of the development review process, therefore, the cost recovery level for Development Review Fees should be set at 20%. AFFORDABLE HOUSING BOARD RECOMMENDATION 1. At the February 10, 1994, Affordable Housing Board meeting, the Board recommended Council adopt Ordinance No. 27 with the provision that the cost recovery level be set at 50%. The Board also recommended that the distribution plan for whatever funds are available for fee subsidies to affordable housing projects be referred back to the Board and staff for ' the development of an implementation plan by May 31, 1994. This.motion passed on a vote of 6-1. 207 March 15, 1994 The Affordable Housing Board disagrees with the philosophy that there is ' no inherent community benefit to the processing of development applications which necessitates fees to be set at a rate designed to recover 1009 of costs. The Board is disappointed that a stronger case for the "community good" is not being made since, from the Board's perspective, staff and the Planning and Zoning Board reviews development proposals from the perspectives of adopted City/community goals, plans, policies, and ordinances. The Board recommends that a three-tier system of assessing development review fees be established which takes into account affordable housing projects, moderately priced housing, and more expensive housing. This motion passed 7-0." Ron Phillips, Interim Planning Director, stated the Ordinance addresses concerns about whether the new fee schedule is aligned with the economic development goals of the City. He stated staff compiled a graduated scale of projects that would be affected by the new fee schedule. He stated the development review fees would be set at 80% of costs recovered. He provided specific information on the various details of both Ordinances. Councilmember Apt asked about the differences between the various sized projects. Phillips stated the recommendations on the fees were based on the Cost of Development Study. He stated the fees would be the same for various sizes of projects. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt ' Ordinance No. 27, 1994 Option A, directing staff to work with developers on small developments to come up with an appropriate rate structure. Mike Bennett, 607 Strachan Drive - representative of the Legislative Affairs Committee of the Chamber of Commerce, stated that tieing future fee increases to inflation by Ordinance does not promote governmental efficiency or productivity. He stated there is no incentive for the department to control its actual expenses or to lower them if development is reduced or eliminated by economic conditions or governmental regulations. Ed Stoner, 2236 Apache Court - representative of the Board of Realtors, stated a 3 acre parcel versus a 100 acre parcel would take less staff time to evaluate. He stated variable costs must be reviewed whereas the fixed costs are less controversial. He believed Option A is less equitable than Option B. He stated an ideal option would encourage infill and higher density throughout the community. Ed Zdenek, 1210 Kirkwood Drive, stated a fixed fee and an additional fee on an acreage basis should be the preferable alternative. He stated this type of alternative would better address the small developer's needs. Linda Norton, President of the Board of Realtors, believed further study on the affordable housing aspect is needed and should be comprised of local statistics. ' March 15, 1994 ' Ray Spencer, 4112 Clayton Court - representative of Northern Colorado Homebuilders Association, asked Council to table the Ordinance for further study and more citizen participation. He stated the Ordinance discounts the positive impacts that development has on the community. He stated the City should not just try to preserve the quality of life in Fort Collins but strive to make the quality of life better for the community. He stated this Ordinance leans towards no growth or anti -growth sentiment. Bill Bartran, 1601 Lakeridge Court, questioned the connection between higher fees and affordable housing. He stated there are several ways to address the affordable housing issue but joining it with an increase in development fees is not one of those ways. Betty Maloney, 1309 City Park Avenue - representative of the Larimer County Affordable Housing Task Force, believed the City has taken some very positive steps to promote affordable housing. She stated the Task Force endorses the three tiered fee system based on home costs. Lou Stitzel, 521 East Laurel, stated materials costs the same for affordable housing as for any other type of housing; therefore, affordable housing is of the same quality as many of the other housing projects available to the community. The accountability is more strict for affordable housing than it is for profit housing. She supported and urged Council to adopt the Ordinance. Pat Brown, representative of C.A.R.E. Housing, stated its support for the Ordinance. She stated City fees imposed on housing projects have an adverse ' affect on strict budgets. Dick Jeffries, 1609 Wagon Tongue Court - representative of Associated Contractors of Northern Colorado, believed there were a few technical items contained in the Ordinance that need to be addressed. For instance, when payments need to be made or deferred. Councilmember Kneeland clarified the definition of affordable housing for this community is based on the national level but applied to local income. Phillips stated the City definition is based on the national level and the Affordable Housing Board is reviewing the definition further. He stated staff will present the Board's recommendation on this issue near the end of May. Councilmember Janett stated if the rents are higher than the 80% fee structure then there would be a waiver for something that does not exist. Phillips stated that is a concern to staff and believed the rent definition needs to occur prior to the development or funding of an affordable housing project. Councilmember Kneeland asked how this Ordinance would track such projects. City Manager Burkett stated there is a separate fund for affordable housing in the City's budget. He stated the amount of money that goes into the fund and the amount of money that is expended from the fund will be tracked closely. Councilmember Apt asked how the fees would be collected. 209 March 15, 1994 Phillips stated there are a number of administrative issues being addressed by ' the Affordable Housing Board that will be presented to Council at a later date. He stated the issue of collecting the fees will be addressed at that time. Councilmember Janett believed the Ordinance was reviewed in great detail. She stated planning review fees and affordable housing issues should be discussed jointly due to the effects the review fees will have on affordable housing. Councilmember Apt stated he would support the Ordinance and believed there has been extensive review on these issues. He expressed his appreciation to the developers, the community and staff for the efforts put forth on this project. He stated that affordable housing and the review fees are linked. He believed staff is trying to reallocate community resources and use them to benefit the greatest percentage of people and provide affordable housing. Councilmember Horak stated he would support the Ordinance. He stated the main people picking up the costs for these projects are the taxpayers. The vote on Councilmember Kneeland's motion to adopt Ordinance No. 27, 1994 on Second Reading was as follows: Yeas: Councilmember Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Smith to adopt Ordinance No. 28, 1994 as amended on Second Reading. The vote on Councilmember , Kneeland's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, Kneeland, and Smith. Nays: None. THE MOTION CARRIED. Ordinance No. 49, 1994 Amending the Code of the City by the Addition of a New Section 29-441 Establishing a Procedure for the Acceptance of Applications for the This is staff's memorandum on this item. "EXECUTIVE SUMMARY The order in which the City accepts petitions for annexation, requests for zoning and development proposals for annexed property, or property under consideration For annexation, was discussed by the City -Council on December 7 and 21, 1993. This was in conjunction with the discussion on the proposed annexation and zoning of the REA property on South College, and the second reading of Ordinance No. 132, 1993, which put the latest annexation of Fossil Creek Estates (Phases 2 and 3) in the T, Transition Zone. A majority of the Council gave clear direction to staff that they do not want any future development proposals reviewed or considered until the annexation and zoning process for the property under ' consideration is complete. 210 March 15, 1994 In light of this direction by the City Council, an administrative policy was implemented in late December as follows: 1. No development review applications will be accepted prior to final Council approval of the annexation ordinance and zoning of the land under consideration. 2. If the land is zoned T, Transition at the time of annexation, no development review applications will be accepted until final Council approval is given for zoning which allows development of the land under consideration. If the land remains unzoned at the time of annexation, no development review applications will be accepted until final Council approval is given for zoning which allows development of the land under consideration. Since this is a policy issue, it is appropriate for the City Council to formalize the policy by amending the City Code. This is particularly necessary since State law specifically allows development plans to be considered simultaneously with the annexation and zoning process. The proposed ordinance provides that if a proposed annexation is within the boundaries of a neighborhood or corridor planning area where the plan has been completed and adopted by Council, a development proposal may be reviewed and acted upon concurrently with the annexation and zoning process. Otherwise, no ' subdivision application will be processed until zoning for the property has been approved by the Council on second reading. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board recommended on January 31, 1994, that the City Council table the proposed ordinance and begin a public discussion process involving homeowners associations, neighborhood groups, the development community, etc., to review this issue in depth and determine what is necessary. The Board also recommends that the present administrative policy be held in abeyance until this process can be completed. The Board recommends the process take no more than 90 days. The vote on this recommendation was unanimous, 5-0. The Board reviewed the proposed ordinance again on February 28, 1994, and reconfirmed the previous recommendation with the additional provision that if the Council proceeds to adopt the ordinance, the Board does support the provision which allows for the earlier review of subdivision proposals when the property in question is included within an approved planning area." Ron Phillips, Interim Planning Director, stated the proposed Ordinance disallows a subdivision application to be processed prior to the annexing and zoning of property. .He stated a development proposal may be reviewed and acted upon concurrently with an annexation and zoning of property only if the property is within an adopted neighborhood or corridor plan. He stated the Planning and Zoning Board recommends Council to table the proposed Ordinance: He stated the f� Board desires some public discussion process involving homeowners associations, neighborhood groups, and the development industry for further review of this issue and to determine the necessary steps to take. 211 March 15, 1994 Councilmember Janett asked if a preliminary PUD could be submitted prior to an annexation or zoning. Phillips stated the process for a PUD could not commence until after the annexation and zoning of property took place. City Attorney Roy stated a the preliminary process could start; however, the project could not receive final approval until the property has been annexed and zoned. Councilmember Kneeland made a motion, seconded by Councilmember Smith, to postpone Ordinance No. 49, 1994, to begin public discussion involving homeowners associations, neighborhood groups, the development community etc. and not to exceed 90 days for that process. Councilmember Apt stated he would not support the motion. He stated the guidelines that have been in place since December are a step in the right direction. He believed a slower process is warranted. Councilmember Kneeland believed public process is necessary for this Ordinance. She stated Council, staff, the public and the development community need to spend the time to review and create an Ordinance which is acceptable to everyone. Councilmember Horak stated he would support the motion. He believed public process is necessary. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Horak, Janett, Kneeland, and Smith. Nays: Councilmember Apt. , THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Janett, to continue with the current administrative policy, which was implemented in December 1993, dealing with annexations and zonings and added if a proposed annexation is within the boundaries of a neighborhood or corridor planning area where the plan has been completed and adopted by Council, a development proposal may be reviewed and acted upon concurrently with the annexation and zoning process. Don Masard, Ford Lane, believed Council should not place any policy changes on the annexation and zoning procedures until the public process has been completed. Councilmember Kneeland stated she would not support the motion. She believed the project needs to be reviewed further prior to any implementation of a temporary administrative policy. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, and Smith. Nays: Councilmember Kneeland. THE MOTION CARRIED. WIN March 15, 1994 Other Business Councilmember Kneeland asked about the timeframe for implementing the Neighborhood Ambassador Program. City Manager Burkett stated Council received a memo regarding the program and will provide a brief memo regarding the schedule and implementation of that program. The meeting adjourned at 10:25 p.m. or ATTEST: City Clerk 213