HomeMy WebLinkAboutMINUTES-12/06/1983-RegularDecember 6, 1983
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 5:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, December 6, 1983, at 5:3.0 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner.
Staff Members Present: Arnold, Huisjen, Lewis, Krajicek, Meitl, C. Smith
Agenda Review: City Manager
City Manager Arnold announced there had been a request for two Executive
Sessions to discuss legal matters and also personnel matters.
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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #27, Pulled Consent Items, except items pulled by anyone
in the audience or items that any member of the audience is present to
discuss that were pulled by staff or Council. These items will be dis-
cussed immediately following the Consent Calendar.
4. Consider Approving the Minutes of the Adjourned meeting of November
the regular meeting of November 15, and the Specia eeting o
November 23.
5. Second Reading of Ordinance No. 152, 1983, Vacating All Easements and
Rights of Way in Cunningham Corner PUD with the Exceptions of Tracts A
and B, the North 30 Feet of Windmill Drive and the Rights of Way of
Shie ds Street and Horsetooth Roa .
This Ordinance was adopted unanimously on First Reading on November
' 15.
December 6, 1983
Cunningham Corner PUD was approved by Council on June 5, 1979. Since
that time, the property has changed hands a number of times. The
present owners have new expectations for the property and have re -
platted a portion of the area. The previous street layout is no longer
valid, thus the request for the vacation.
Upon review, staff found a number of areas where the rights of way and
easements should remain in place. The applicant has agreed to these
and the final request does contain the exceptions.
6. Second Reading of Ordinance No. 156, 1983, Appropriating Unanticipated
Revenue in theFund or the Purchase of Landon Which to
Construct a Parking Garage.
This Ordinance was adopted unanimously on First Reading on November
15.
On May 3, 1983, Council approved Ordinance 53, 1983 authorizing the
issuance of Tax Increment Bond Anticipation Notes on behalf of the
Downtown Development Authority. The ordinance permits the use of
revenue from these notes to fund the acquisition of property and land
assembly.
On July 5, 1983, Council appropriated a portion of the Bond Antici-
pation Note proceeds (Ordinance 90, 1983) to finance the design of the
parking structure. This is continuing on schedule. Negotiations to
purchase property have been undertaken. An option to purchase, valid
through the end of 1983, has been accepted by one of the property
owners and negotiations continue with the others. The timing of this
action is directly tied to both the deadline in the option and to a
provision of the Implementation Agreement (Section VI 2) with Old Town
Associates which states that the parking facility will be completed by
the end of 1984.
7. Hearing and First Readino of Ordinance No. 157. 1983. Vacatino a
The Front Nine at Southridge Greens PUD plat was approved with a 10
foot temporary construction easement at the rear of all lots for
Mountain Bell to use for installing their cables. Once their lines
are in place, they only need a six foot utility easement for mainte-
nance. The Developer is requesting this vacation so that he can
commence construction of homes.
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' 8. Hearing and First Readin
Portion ot an Access, Dra
000inq Center .
December 6, 1983
1 of Ordinance No. 158, 1983, Vacating a
nage an Utility Easement at Dra a rossing
A 24-hour walk up banking facility is planned for the Drake Crossing
Shopping Center PUD. The planned location is currently a portion of a
blanket access, drainage and utility easement which must be vacated
prior to the commencement of construction. All affected utilities
have been contacted and have indicated no problem with the vacation
request.
9. Hearing and First Reading of Ordinance No. 159, 1983, Rezoning ap-
proximate y acres ocated at t e nort east corner o Harmony Road
and Boar wa Drive, rom - - ow Density Resi entia , to B-P,
Planned Business(Harmony PresbyterianChurch).
The applicants, Larsen Associates, are seeking to rezone approximately
5.2 acres of property located north of Harmony Road and east of
Boardwalk Drive from R-L-P, Low Density Planned Residential, to B-P,
Planned Business.
Staff recommends adoption of the Ordinance on First Reading, granting
approval of the rezoning with a condition the property be developed as
' a planned unit development. The Planning and Zoning Board voted to
recommend approval with the same condition.
10. Hearing and First Reading of Ordinance No. 160, 1983, Appropriating
Prior Year Reserves an Unanticipatedevenue in arlous Funds.
As part of the budget process, staff identified funds which require a
supplemental appropriation for 1983 expenditures. The following
explains what the appropriations are for:
A. Rockwell Ranch Fund
The financing for this appropriation is:
From Prior Year Reserves
Revenue Distribution $ 880
B. Self -Insurance Fund
The financing for these appropriations is:
From Prior Year Reserves
Medical Claims -Expenses $350,000
' From Unanticipated Revenue
Medical Claims Expenses $150,000
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December 6, 1983
11. Hearing and First Reading of Ordinance No. 161, 1983, Authorizing the
Transfer of Appropriated Amounts Between Capital Projects for Street-
light Conversions.
This ordinance authorizes the transfer within the Capital Projects
Fund for the streetlight conversion project:
FROM: Capital Reserve $42,935
TO: Streetlight Conversion $42,935
12. Hearing and First Reading of Ordinance No. 162, 1983, Appropriating
Funds from Prior Year Reserves in the Parking Fund for the Jefferson
Street Parking Lot Capital Project.
In reviewing the landscaping and the general aesthetics of Old Town,
contiguous to the lot, the staff and the Parking Commission determined
that the old style street lights, Washington #18 style, would be
appropriate for installation in the new lot. The new street lights
and installation were not included in the original estimates for
construction of the Jefferson Street Parking Lot, and they are esti-
mated to cost $10,300.
At their November 10 meeting, the Parking Commission approved a motion
to recommend that City Council approve this appropriation. There is
$27,227 remaining in the prior year reserves in the Parking Fund. The
1984 budget expenditures are covered by 1984 projected revenues.
There are sufficient reserves to cover the $10,300, and this ordinance
appropriates $10,300 in the Jefferson Street Parking Lot.
13. Resolution Approving an Addendum to Renewal 'Contract with General Code
Publishers for Supplementation of City Code.
In 1971, the City entered into a contract with General Code Publishers
of Spencerport, New York for codification and supplementation of the
City Code. That contract was last renewed for a one-year term in
1982, with expiration on December 31, 1983. We have received an
Addendum to this contract for Code services for the period ending
December 31, 1984. Funds are budgeted in the City Clerk's office for
codification and supplementation costs to keep the Code up to date.
14. Resolution Creating a Solar Services Agency within Fort Collins Light
and Power.
During a November 8, 1983 work session, the City Council received and
reviewed a Light and Power Utility Study of Municipal Solar Utilities
and the applicability of an MSU to the City of Fort Collins. The
Utility recommended and the City Council, by consensus, agreed that an
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IDecember 6, 1983
information model MSU should be created within and be maintained by
the Light and Power Utility. The accompanying resolution would
accomplish the Council and Utility desires by establishing an infor-
mation model MSU which would be known as the "Solar Services Agency."
15. Resolution Making an Appointment to the Governing Board of the Poudre
Fire Authority.
In 1981, the City entered into an intergovernmental agreement with the
Poudre Valley Fire Protection District to create the Poudre Fire
Authority. That agreement provides for the appointment of two repre-
sentatives to the governing board of the Authority to represent the
City, to serve for terms to run at the discretion of the Council. The
Fire District also appoints two representatives, and these four
members then select a fifth boardmember.
Bill Elliott was appointed to the Board in 1982 for a term to run
until December 31, 1983. The attached Resolution re -appoints him for
a term to expire on December 31, 1984. Kelly Ohlson has been ap-
pointed to the Board for a term running until December 31, 1984.
' 16. Routine Deed of Easement.
The following is a routine Deed of Easement which has been approved by
the affected departments and legal staff:
Deed of Easement from Fossil Creek Meadows Development Group needed
for street and utility right-of-way and for access or emay/Harmony
Special Improvement District No. 78, which is being conveyed for a
consideration of $1. This is one of a series of parcels acquired for
this project.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #7. Hearing and First Reading of Ordinance No. 157, 1983, Vacating a
Temporary Construction Easement at the Front Nine at Southrige
Greens PUD.
Item 48. Hearing and First Reading of Ordinance No. 158, 1983, Vacating a
Portion o inqShoopccDPrUaDi.nage ti ity asement at Drake
CenterCrossinq
Item 719. Hearing and First Reading of Ordinance No. 159, 1983, Rezoning
approximately 5.2 acres located at the norteast corner o
'Harmony Roa an oar wa rive, rom R- - ow ensity
dentia , to B-P, P anne Business Harmony Presbyterian urc
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Item 1-110. Hearin
ating
Funds.
December 6, 1983 '
and First Reading of Ordinance No. 160, 1983, Appropri-
rior Year Reserves and Unanticipated Revenue in Various
Item #11. Hearing and First Reading of Ordinance No. 161, 1983, Authorizi
the Transfer of Appropriated Amounts Between Capital Projects f
Streetliqht Conversions.
or
Item #12. Hearing and First Reading of Ordinance No. 162, 1983, Appropri-
ating Funds from Prior Year Reserves in the Parking Fund for the
Jefferson Street Parking Lot Capital Project.
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #5. Second Reading of Ordinance No. 152, 1983, Vacating All Easements
and Rights of Way in Cunningham Corner PUD with the Exceptions of
Tracts A and B, the North 30 Feet of Windmill rive an t e
Rights of Way of Shields treet and orsetoot Roa .
Item #6. Second Reading of Ordinance No. 156, 1983, Appropriating Unanti-
cipated Revenue in the D.D.A. Fun or t e Purchase of Land on
Which to Construct a Parking Garage. '
Councilmember Clarke made a motion, seconded by Councilmember Ohlson,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich, Ohlson, and
Rutstein. Nays: None. (Councilmember Stoner abstained)
THE MOTION CARRIED.
Ordinance Providing for the Issuance
of Industrial Development Revenue Bonds (IDRB's)
for the Baker Instrument Company (BIC) Building
Partnership Project in the Principal Amount of
$910,000, Adopted on Second Reading
Following is the staff's memorandum on this item:
"This Ordinance was unanimously adopted as amended on November 15 on First
Reading. The Ordinance needs additional amendments on Second Reading as
outlined by bond counsel.
On September 20, 1983, the Council passed Resolution 83-153, inducing the
BIC Building Partnership to acquire.land and construct a 17,500 square
foot, two -level building to be utilized as a combination of office, light
assembly manufacturing, and warehouse space. '
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December 6, 1983
This Ordinance will issue the IDRB's in accordance with the Inducement
Resolution:
8 First Interstate Bank of Fort Collins, N.A. will purchase the
entire issue.
The interest rate will be 75% of the bank's prime for the first
five years with a floor at 7 1/2% and a ceiling of 12%.
After the first five years, the floor and ceiling shall be re-
moved."
Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 153, 1983 on Second Reading.
Tom Metier, bond counsel, noted there were several minor amendments to be
made to the ordinance. He then read those changes into the record and
explained them in detail.
Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to
' amend Ordinance No. 153, 1983 on Second Reading as described by Mr. Metier.
Yeas: Councilmember Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Stoner's motion to adopt Ordinance No. 153, 1983
on Second Reading as amended by Councilmember Rutstein's motion was as
follows: Yeas: Councilmember Clarke, Elliott, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinance Providing for the Issuance
of Industrial Development Revenue Bonds
(IDRB's) for The Lakes Building Partnership
Project in the Principal Amount of $450,000,
Adopted on Second Reading
Following is the staff's memorandum on this item:
"On November 1, 1983, the Council passed Resolution 83-188, inducing
The Lakes Building Partnership to acquire land and construct a facility to
' house the Seven Lakes Recovery Program which is concerned with the treat-
ment of alcoholism and other substance dependency problems.
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December 6, 1983
This Ordinance will issue the IDRB's in accordance with the Inducement
Resolution.
First Interstate Bank of Fort Collins, N.A., will purchase the entire
issue.
The basic terms of the Bank's commitment include:
Thirty-year amortization with monthly installments at an estimated
rate of 9.5%.
1 The bonds will bear interest at 80% of the Bank's prime rate
during the first five years with a floor of 6% and a ceiling of
14.5%. The floor and ceiling will be removed after the first five
years.
e The exact amount of bonds to be purchased by the Bank for the
building will be determined by the Bank based on an MAI appraisal.
The bonds will be collateralized by a first deed of trust and lien
on all fixed assets and assignment of the lease, including rent
payments, between the company, as lessor, and Seven Lakes recovery '
program as lessee. The bonds will be personally guaranteed
by the partners of the Lakes Building Partnership.
The Bonds will never constitute a debt or liability of the City of Fort
Collins.
The Ordinance, if passed on First Reading, will be scheduled for Second
Reading and adoption on December 20, 1983, with a bond closing scheduled
for December 30, 1983. The closing is scheduled so the bonds may be issued
prior to the possible effective date of pending Federal legislation."
Councilmember Horak made a motion, seconded by Councilmember Rutstein, to
adopt Ordinance No. 166, 1983 on First Reading.
Tom Metier, bond counsel, outlined the amendment proposed for this ordi-
nance. He read the amendment into the record noting on page 7, the figure
$3,598.11 should be changed to $3,592.11.
Councilmember Elliott made a motion, seconded by Councilmember Stoner, to
amend Ordinance No. 166, 1983 on First Reading as described by Mr. Metier.
Yeas: Councilmember Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein,
and Stoner. Nays: None.
THE MOTION CARRIED.
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IDecember 6, 1983
The vote on Councilmember Horak's original motion to adopt Ordinance No.
166, 1983 on First Reading as amended by Councilmember Elliott's motion was
as follows: Yeas: Councilmember Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
City Manager's Report
City Manager Arnold reported on the snow removal costs associated with the
recent Thanksgiving snow storm. He noted approximately $60,000 had been
spent over the weekend.
Councilmembers' Reports
Councilmember Horak reported on the recent National League of Cities
conference in New Orleans. He noted he served on the Energy and Environ-
ment Policy Committee which had prepared a report explaining acid rain. He
noted he had been on a panel dealing with microcomputers and their applica-
tions. He suggested staff investigate the scheduling of recreational
' activities as one of those applications.
Councilmember Horak also reported on his appointment to Congressman Brown's
committee dealing with the wild and scenic designation of the Poudre
River.
Mayor Knezovich reported on the final meeting of the airport ad hoc commit-
tee and the discussion with the Airport Authority on the ground rules for
the lease between the cities and the Authority.
He reported on the adoption of the PRPA 1984 Budget.
Councilmember Horak made a motion, seconded by Councilmember Clarke, to
adjourn into Executive Session to discuss personnel matters. Yeas:
Councilmember Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and
Stoner. Nays: None.
THE MOTION CARRIED.
Hearing on Appeal of Planning and
Zoning Board Decision Relating to
the Fox Meadows Complex I PUD -
Preliminary Plan. Preliminary Plan Denied
I
Following is the staff's memorandum on this item:
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December 6, 1983
"Staff recommends approval of the preliminary plan of Fox Meadows Complex I
PUD. At the October 24, 1983, meeting, the Planning and Zoning Board
approved the plan (4-2, Dow and Crews .voting no) with the condition that at
the time of final approval, the applicant provide information regarding
adequacy of parking, shift work and the nature of the assembly operation.
An appeal has been received concerning the decision of the Planning and
Zoning Board on this matter and Council needs to hear the appeal in accor-
dance with guidelines set out in the attached memorandum from the City
Attorney's Office.
The applicant is seeking preliminary approval of a planned unit development
consisting of a 50,000 square foot building on 4.63 acres. The proposed
use is for offices and assembly of electronic equipment. The site is
currently zoned RMP, Medium Density Planned Residential, and is vacant.
The property is located on the southeast corner of the intersection of
Timberline Road and Bighorn Drive (approximately 800 feet south of Horse -
tooth Road). The surrounding zoning and land uses are as follows:
N: R-M-P; vacant (proposed office, manufacturing and warehouse in the
rest of the Fox Meadows Master Plan) '
S: T; existing single-family residence
E: R-L-P; existing single-family residences (Fox Meadows Subdivision)
W: R-H; vacant (proposed office/industrial/warehousing as part of the
South Collins Tech Center PUD)
Land Use Data:
Gross area: 4.63 acres 201,705 square feet
Net area: 3.55 acres Floor area: 50,000 square feet
Coverage
Building 28,800 square feet 14.3%
Parking & drives 53,760 square feet 28.2%
Street ROW 49,501 square feet 24.5%
Open Space 66,579 square feet 33.0%
Parking
Standard 158
Handicap 2 (H)
Motorcycles 5 (MC)
Total 165
Employee 155 or .775 space/employee
Visitor 10
Maximum Building Height: 28 feet '
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December 6, 1983
Discussion
Relationship to adopted official plans. Timberline Road is a major
arterial street as designated on the Master Street Plan.
Utilities. All utilities are available at the site to handle the
proposed use.
Background. The property was originally zoned T-Transition and annexed
on December 5, 1978, as part of a larger property known as the Fox
Meadows Annexation. On May 8, 1980, the property was rezoned from
T-Transition to R-M-P, Medium Density Planned Residential. On March
22, 1982, the Planning and Zoning Board approved a Master Plan (by a
vote of 6-1) and preliminary plan for the site. The Master Plan
area consists of 15.3 acres and is located south of Horsetooth Road,
east of Timberline and west of Fox Meadows Subdivision. Approved uses
in the Master Plan consisted of recreational; office; manufacturing;
and warehousing.
The preliminary plan of the first phase was also approved (7-0 vote) on
' March 22, 1982 and consisted of a 46,200 s.f. health club. The appro-
val of the Master and Preliminary plans was appealed to the City
Council by a number of neighborhood residents on the basis of incompat-
ibility with the single family homes and negative traffic impacts as a
result of the extension of Bighorn Drive. The City Council, on a 6-1
vote, upheld the approval by the Planning and Zoning Board.
Comments
A. Land Use. The applicant is proposing a 50,000 square foot building on
acres. The proposed use is for the assembly of electronic equip-
ment and necessary office area. Approximately 1 story (25,000 square
feet) will be used for the assembly operation; 1 story will be for
office use accessory to the assembly operation. The applicant has
agreed to restrict the number of employees on the site to 200 employees
during the daytime shift and 80 employees during the second shift. The
applicant has also agreed to limit both shifts to between 7:00 a.m. and
12:00 p.m. The proposed assembly/office use was reviewed against the
criteria of the "Industrial Uses" land use category of the Land Devel-
opment Guidance System and achieves 11 out of a possible 16 points for
a total of 69%. A minimum of 50% is necessary for approval. The
points awarded were based upon the following analysis:
Criterion a - "North Fort Collins" - The project is not located in
I
north Fort Collins and therefore no points were awarded.
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December 6, 1983
Criterion b - "Industrial Center" - The project is part of the planned
office/industrial park known as Fox Meadows Master Plan.
The project is also defined as a major employment center
as it will employ a total of more than 100 full time
employees during a single 8-hour shift and therefore
meets this criteria. Full points were awarded.
Criterion c - "On Arterial Street" - The project is located adjacent to
Timberline Road which is a major arterial and future
major truck route. The project was awarded full points.
Criterion d - "Energy Conservation" - At the preliminary plan stage,
the applicant has committed to the following energy
features in the site plan;
a. Building entry plaza has been oriented to the south/
southeast to maximize solar exporsure.
b. Airlock entries are proposed.
c. Alternative energy savings, cooling and lighting '
systems are being explored with greater detail to be
presented at final plan stage.
d. Insulation standards will be applied in excess of
City code requirements.
Partial credit was given.
Traffic and Circulation. In reviewing the transportation impacts of
the proposal, the staff identified two major issues: Compatibility of
the proposal with long term traffic plans for the area; and, circula-
tion and curb cut design. In terms of the first issue, the City has
definite plans for future traffic circulation in the Horsetooth/
Timberline area. Timberline Road is designated as a major arterial
street in the Master Street Plan and will eventually be a six -lane
facility, which would be an important north -south corridor on the east
side of the City. Currently, the City is planning to build Timberline
Road to a seventy foot cross section, but acquire right-of-way to the
120 foot designation so that in the future, as the need develops, we
will have the capability to widen Timberline Road. The applicant has
agreed to dedicate this additional ROW and participate in the improve-
ment of this road as it abuts their property. A traffic signal is
planned at the corner of Horsetooth Road and Timberline Road in 1985,
and at the corner of Harmony Road and Timberline road in the summer of
1984. Both of these signals should have a major impact on traffic '
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' December 6, 1983
circulation in the area by providing more gaps for access off side
streets and will make it easier for vehicles entering and leaving those
streets. It is City staff's feeling that the local street, Bighorn
Drive, should be connected to the east from Timberline Road into the
residential subdivision. It is felt that this will be of a significant
positive benefit to the residents of that neighborhood by providing
alternative access out of the neighborhood besides the current access
onto Horsetooth Road. The extension will provide direct access from
the subdivision to a north -south arterial which is currently lacking.
The applicant has agreed to the full dedication and construction of the
extension of Bighorn Drive.
The proposal has been designed to have a single curb cut to Bighorn
Drive and no curb cuts to Timberline Road other than of Bighorn Drive.
The traffic study prepared by the applicant (see letter to Leo Gormally
from Mathew Delich, P.E., dated October 5, 1983) indicates that addi-
tional curb cuts are not justified. The intersection of Bighorn Drive
and Timberline Road will provide for full turning movements. Bighorn
Road will be designed to include a separate right turn lane to allow
for easy right turn egress. Timberline Road will provide for a sepa-
rate left turn lane to ease those ingress movements and allow for the
free flow of traffic on the arterial. Signalization of Horsetooth/
Timberline intersection should improve the ease of ingress and egress
' at the Bighorn/Timberline intersection. The proposed site plan
is consistent with City standards and the construction of the proposal
should not significantly impact the surrounding local and arterial
street system.
C. Parking Supply. The project has provided 160 parking spaces plus 5
motorcycle spaces and bicycle parking racks. The applicant estimates
that 10 spaces will be required for visitor parking and 150 spaces for
employee parking. The City's office -street parking regulations require
for each institutional, business, commercial or industrial use, at
least two parking spaces be provided for each three employees on the
major shift. The applicant has agreed the maximum number of employees
during the major shift will be 200 employees. Based upon the City' s
Parking Code, the minimum number of employees spaces that would need to
be provided is 133 spaces. The applicant is providing 17 more spaces
than the code would require in addition to the 10 visitor parking
spaces. The Department of Planning and Development has prepared a
report known as "Off-street Parking Supply: Peak Demands, Prevailing
Standards and Recommended Guidelines for Commercial and Industrial
Uses". This report has provided staff and the Planning and Zoning
Board with a basis for reviewing the adequacy of off-street parking
supply in non-residential projects. This report recommends a range of
.6 - .8 spaces per employee for industrial uses or .75 space per
employee as a single guideline. The subject property is providing .75
' spaces for each employee 1.775 spaces per employee including motorcycle
spaces).
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December 6, 1983 '
Staff feels the applicant is providing adequate visitor and employee
parking based upon the information provided by and committed to by the
applicant.
Neighborhood Compatibility. The Land Development Guidance System is
designed to permi-t--c-o—ns-i-cFerable flexibility on the kind of development
that can take place on a specific site. The L.D.G.S. leaves it largely
to the market place to determine the specific use. The City regulates
the external features of the project - that is, how it impinges on the
surrounding area. Criteria are included which protects new and exist-
ing neighborhoods against intrusive and disruptive development and
assures that all new projects are to a level of design quality.
The L.D.G.S. provides four specific criteria for the Planning and
Zoning Board, City Council and staff to determine the compatibility of
a project with the neighborhood. Those criteria are: Social Compati-
bility; Neighborhood Character; Land Use Conflicts; and, Adverse
Traffic Impact. In order to better define those impacts, a neighbor-
hood meeting on the proposal was required (see "Summary of Neighborhood
Meeting"). In reviewing compatibility of the proposed office/assembly
use, three major issue areas were identified. These are:
Adverse impact of the extension of Bighorn Drive to Timberline I
Road;
Adverse impacts of the parking lot on the adjacent single family
homes; and,
Adverse impacts associated with storage and removal of toxic
waste.
Extension of Bighorn Drive. Currently, Bighorn Drive is a "stub
street" with six homes fronting directly on it. The developers of
the Fox Meadows subdivision and the City planned that Bighorn Drive
would eventually be extended to Timberline Road. Both utilities
and street pavement were stubbed to the edge of the single family
subdivision to allow for the future extension. Both the Planning
and Zoning Board, City Council and Staff felt the connection would
provide an alternative means of access by the homeowners to the
subdivision without having to rely entirely upon access to Horse -
tooth Road. The connection will save the Poudre Fire Authority at
least 1.5 minutes in response time which can literally mean the
difference between life and death for residents of the neighbor-
hood. Further, the connection between the proposed employment
center and the single family subdivision will provide vehicle,
pedestrian, and bicycle direct access for those residents who are
employees of the project rather than forcing them to use surround-
ing arterial streets. '
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' December 6, 1983
The additional traffic that may be expected to use the existing
portion of Bighorn Drive as a result of the extension is well
within acceptable guidelines for local residential streets.
At the current time, the six homes along Bighorn Drive can be
expected to generate approximately 40 trips per day. With the
extension of Bighorn Drive, this number may increase to as much as
350-400 trips per day. Staff projects that a very small portion of
the trips on Bighorn Drive would be generated by the commercial
use. Because of the convenience and attractiveness of Timberline
Road, commercial traffic using Bighorn Drive would include a very
small number of vehicles taking Arctic Circle to Horsetooth Road
and those employees who are residents of the Fox Meadows Subdivi-
sion. The major portion of the trips along the existing portion of
Bighorn Drive will be from the residential neighborhood. Staff
predicts that approximately 61 homes in the Fox Meadows Subdivision
would find the extension of Bighorn Drive as an attractive and
convenient means to enter and exit the subdivision. Most residen-
tial streets in Fort Collins handle approximately 250-800 trips per
day depending upon their location and design without negatively
impacting adjacent homes. While the number of trips along the
existing portion of Bighorn Drive may increase from approximately
40 to 400.trips per day, the impact is well within acceptable
' guidelines and conditions that can be reasonably expected along
other local residential streets in the community that serve the
function that Bighorn Drive will serve.
Some design features have been built into the plan to serve as a
- definition between the use of Bighorn Drive for the commercial
activities associated with the office/assembly use and the needs
of the residents to the east of this proposed development. These
features include physically narrowing down the street pavement
width from fifty feet to forty feet at the curb cut to the commer-
cial use; providing a subdivision identification sign at the
property line of the single family development; and erection of
City sign "Not Trucks Beyond This Point" at the east end of the
subject property. Both Bighorn Drive and Timberline Road will be
designed for full turning movements which should reduce the delay
time for persons leaving and entering the area.
In summary, staff feels the traffic impact as a result of increased
volumes along the existing portion of Bighorn Drive is well within
guidelines for similar residential- streets. Further, the connec-
tion of Bighorn Drive will provide a better means of access for the
residents of the neighborhood as well as emergency equipment.
b. Parking Lot Compatibility. An issue identified by both staff and
'
the neighborhood was the impacts of parking and circulation of
vehicles in the parking lot and the parking lot lighting. In an
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December 6, 1983
attempt to mitigate these impacts, the applicant has committed to
providing a minimum of 30-40 foot landscaped buffer between the
paved parking area and the adjacent single family lots to the
east. Within this buffer area extensive shrub, evergreen and
tree plantings will be provided in addition to a minimum five foot
earth berm along the length of the property line. A six foot wood
fence is existing along the lot lines of the single family homes.
In addition, the site plan provides for extensive interior land-
scaped islands which should break up the expanse of pavement
and help visually screen the parking lot. The applicant has
agreed to install larger than minimum size vegetation along the
east property line in order to provide a more immediate screening
and buffering effect. A 29-foot buffer area is provided along
the south property line which will also include extensive shrub,
evergreen and tree plantings. Also, in the truck turn -around area
at the south end of the building, a six-foot sound abatement wall
will be provided for sound attenuation purposes.
Truck traffic and the main circulation of cars has been deliberate-
ly oriented to the center of the project to avoid unwanted engine
noises projecting onto adjacent properties. Interior signage will ,
be provided in the parking area to direct truck traffic away form
the eastern property line. Berming and landscaping provided along
Bighorn Drive should discourage children from entering the parking
lot.
The applicant has indicated on the site plan that the parking lot
lighting will be a maximum of 15' to 18' in height and located a
minimum of 80' from the property lines. Lighting standards will be
selected to minimize the glare of light off the site. The exten-
sive vegetation and berming being provided along the property
lines should contribute to minimizing this impact.
Staff feels the applicant has provided sufficient evidence to
indicate the impacts of automobiles and parking lot lighting will
be mitigated through appropriate selection of lighting standards,
setbacks, berming and landscaping. The applicant will provide
exact details of lighting standards and landscape materials at the
time of final approval of the PUD.
Toxic Waste. The applicant has researched several "high-tech"
companies interested in moving to the site as to the potential
production of toxic waste normally associated with the assembly of
electronic equipment (see attached letter from John Dengler to
Larry Donner, dated November 22, 1983). The toxic wastes that may '
be expected to be generated would include "9-10 barrels of actual
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December 6, 1983
waste materials including methanol, some phosphorus and light oil
lubricants". The applicant has indicated these substances would be
removed from the site once every 15 working days, and would be
stored interior to the building. The Poudre Fire Authroity has
reviewed this information and feels the amount and type of sub-
stances being described should not present an unacceptable problem
or hazard to adjacent properties. Staff is concerned about the
amount of phosphorus being used due to its flammability but is
confident that its handling and disposal can be worked out at the
final planning stages and/or at issuance of a building permit
for the proposed structure. The applicant is willing to place
conditions on the planned unit development that the project cannot
exceed these amounts or introduce new waste materials unless these
changes are approved by the City. The applicant has further agreed
that the City shall have the opportunity at the time of building
permit review to examine the applicant's plans for handling and
removal of these toxic wastes.
In summary, staff feels the applicant has provided sufficient
evidence to demonstrate that the handling and removal of toxic
wastes on the site should not negatively impact the adjacent
neighborhood.
Public Notification. The L.O.G.S. requires that written notice be
provided to all owners of record of real property within 500 feet of
the property lines of the planned unit development. The written
notices are sent approximately 30 days before the hearino. The Code
further states that failure to deliver the notice does not affect the
validity of any hearing or determination by the Planning and Zoning
Board. The applicant prepares the list of affected property owners and
City staff prepares and mails the notices. In addition, staff posts a
sign on the site of the planned unit development and publishes a map
and description of each Planning and Zoning Board item in the Colo-
radoan newspaper. On projects perceived as having significant neigh-
borhood impact, a neighborhood meeting is required.
While all of the above procedures were followed for the Fox meadows
Complex I, a number of affected property owners did not receive their
notices of the Planning and Zoning Board hearing in the mail. Given
this situation, staff waived the appeal fee of $75.00 so these resi-
dents could have a full and complete hearing on the item.
Planning and Zoning Board Hearing. The detailed minutes of the October
9 he
o the P anning and Zoning Board of the Fox Meadows
Complex I PUD are attached."
Im
December 6, 1983 '
Director of Planning and Development Curt Smith briefly described the
proposal and showed slides depicting the site. He outlined the procedure
at the Planning and Zoning Board level.
John Dengler, architect and planner for the project, addressed the issues
brought up at the Planning and Zoning hearing relating to features to be
incorporated into the final site plan. He addressed the use of the site
and noted no manufacturing of electronic equipment would be done on the
site while the assembly of such equipment might occur. He noted the
parking lot had been redesigned to provide better compatibility. He spoke
about the number of employees on the site noting the companies contacted
were considering approximately 150 employees with an ability to expand to
200. He addressed the by-products of the assembly process and added they
would be trucked from the site approximately every 15 working days. He
estimated 9-10 barrels would be accumulated in this time period and in the
worst conditions would consist of methanol, phospherous, and light oil
lubricants. They would be transported to the toxic dump site in southwest
Weld County. He spoke of the traffic flow to and from the site and its
impact on the neighboring residential subdivisions. He addressed the issue
of shift operation and stated each of the companies considering the site is
predicting a single shift operation initially. If a second shift is added,
it would be limited in numbers.
Vic Cooper, 2206 Bighorn Road,
Fox Meadows
neighborhood representative,
'
spoke to the concerns of the
neighborhood.
lie presented letters from
neighborhood residents who were
not able to
attend the meeting and asked
that this industrial use not be
approved next
to the residential neighbor-
hood.
Larry Donner, Poudre Fire Authority, spoke to the possibility of accidental
toxic spills into the City's sanitary sewer system. He also addressed the
possibility of spills occurring on the site but not into the sewer system.
.Dater Utilities Director Mike Smith spoke to the City's requirements and
regulations prohibiting the discharge of toxic materials into the sewers.
He noted these concerns are addressed during the building permit and
inspection process.
John Dengler spoke of the many meetings with City departments to address
the compatibility issue. He noted the project had scored more than the
minimum amount required when weighed against the LDGS point system. He
added the project plans had been revised many times to address the issues
that arose. He stated he felt the project was well -planned and compatible.
Lisa Cooper, 2206 Bighorn Road, stated the neighborhood residents were
still not satisfied with the compatibility. She expressed concern about
the possibility of accidents involving toxic materials occurring so near
their neighborhood. I
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I
December 6, 1983
Councilmember Stoner stated he felt the project failed on No. 1 of Point
Chart A as far as the compatibility of the neighborhood. He added he felt
the site plan was great and the buffering was good except for the intended
use of the site from 7:00 a.m. to 12:00 midnight. He felt this use was
imcompatible next to single-family residences. He stated he would be in
favor of the project if it was strictly an office use without the manufac-
turing capabilities and without the shift possibilities.
Councilmember Clarke noted he felt the site plan was excellent and added he
felt the planners had tried to address the concerns of the neighborhood.
He stated the LOGS had been implemented with the understanding the projects
would be carefully monitored. He felt the impact of having a major employ-
ment center on this small piece of property close to single-family resi-
dences needed to be studied cautiously and conservatively. He stated he
felt although the plan was excellent, it was in the wrong place and fails
the compatibility criteria.
Councilmember Elliott made a motion, seconded by Councilmember Rutstein, to
uphold the decision of the Planning and Zoning Board with regard to the Fox
Meadows Preliminary Plan.
Councilmember Elliott stated he felt the project failed the LOGS criteria
' for compatibility with the neighborhood. He stated he felt Bighorn Road
should be extended as soon as possible and that another more compatible use
should be found for this site.
Councilmember Horak called Council's attention to Planning and Zoning Board
member Tim Dow's comments at the Planning and Zoning hearing. He added he
felt this particular development was not compatible with the surrounding
neighborhood.
The vote on Councilmember Elliott's motion to uphold the decision of the
Planning and Zoning Board with regard to the Fox Meadows Preliminary Plan
was as follows: Yeas: None. Nays: Councilmembers Clarke, Elliott, Horak,
Knezovich, Ohlson, Rutstein, and Stoner.
THE MOTION FAILED.
Mayor Knezovich stated the decision of the Planning and Zoning Board had
been overturned.
Resolution Establishing a Schedule
and Timetable for Reviewing the
Annexation and Development proposals
of Anheuser-Busch, Adopted
I
Following is the staff's memorandum on this item:
!m
1
December 6. 1983
"At the November 23rd Special Meeting, Council reviewed a proposed Resolu-
tion which would establish a schedule for the Anheuser-Busch review pro-
cess. Three scheduling options have been presented and publicized, and
Council will hold a public hearing before adopting the Resolution and one
of the options at this meeting.
Attached are the proposed Resolution and three options for Council con-
sideration on the review process for A-B. These options are scheduled out
in detail. All provide great opportunities to involve the public, to air
whatever issues arise, and to decide issues in a deliberate, thoughtful
time frame, without unreasonably delaying decisions. The three options can
be summarized as:
Council Decides
(1) Council makes the annexation decision. As is normal, the public
may petition for an election on the subject.
Council Decides Then Has a Public Vote
(2) Council makes the annexation decision and immediately refers the '
decision to the electorate for concurrence.
Council Defers Decision
(3) Council defers action on the annexation ordinance and calls an
election first.
Council needs to use its collective judgment .to decide what course of
action to follow. But I recommend Option #2."
City Manager Arnold summarized the three options being presented and noted
their purpose was to notify the public well in advance as to the sequence
of events relating to the A-B annexation and development proposals.
The following persons spoke to the issue:
1. Manuel Pinada, rural Larimer County, expressed concern that only
City residents would be allowed to vote on the issue.
2. Chuck Patton, 1229 Teakwood, expressed concern that college
students were allowed to vote on an issue concerning long range
planning for Fort Collins. He favored option #1.
3. Homer Bolinger, 1920 Mowhawk, suggested the hearings be postponed
because of the holiday season. I
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I
December 6, 1983
4. Harry Deines, 1707 Country Club Road, urged Council to schedule a
referendum election to get the voters' opinion.
5. Gary Ross, Planning and Zoning Board member, questioned why this
project was being handled differently than other annexations or
PUD's. He favored Option #1.
6. Glenn Brink, 85 Circle Drive, favored Option #1 but suggested
Council vote against the annexation and let the Busch supporters
circulate the petitions to call a referendum election.
7. Jerry Dusbabek, 930 Driftwood, favored Option #1.
8. Wayne Kirchner, 1820 Orchard Place, favored Option #1.
Councilmember Rutstein made a motion, seconded by Councilmember Horak, to
adopt Resolution 83-203 with the selection of Option #2 as the preferred
option. '
Councilmember Stoner suggested the words "or disapproval" in Section 2 of
the Resolution be added so that an election would be called upon the
"approval or disapproval" of the annexation ordinance.
' Councilmember Horak suggested the fifth Whereas clause relating to election
costs be deleted from the Resolution.
Councilmember Rutstein noted she would accept both suggestions as friendly
amendments to her motion.
Councilmember Stoner asked if other referenda items could be placed on the
ballot relating to the same issue but with different terminology.
City Attorney Huisjen replied that he felt if it dealt with the same
subject it would be inappropriate. He added that other ballot issues
approved by Council should deal with single issues and it would not be
proper to have another measure that deals with the same issue but perhaps
with reverse language.
Councilmember Elliott stated he actually preferred Option #1 since that is
the normal process; however, he noted he would support Option #2 in the
interest of expediency and since it appeared there would be an election in
any case.
Councilmember Rutstein noted she had proposed Option #2 because with this
option the public would know what the Council decision was prior to the
election. She added she also wanted to make sure two elections were not
necessary since there is a possibility of a capital improvements election
in the spring.
December 6, 1983 '
Councilmember Clarke stated he had a problem with Option #2 in that Council
would adopt an Ordinance and then refer it to the voters for their concur-
rance. He noted he would rather have the Council go on record with their
decision and then adopt a Resolution stating the Council would support the
people's decision by approving the PUD, Master Plan, etc.
Councilmember Horak felt with Option #2, Council could focus on the sub-
stance of the issue, not the process to trigger the election.
Mayor Knezovich felt the best decision for the entire community was to
schedule an election containing one question on A-B combined with the
capital improvements election and any other issues the community brings
forth on May 1.
The vote on Councilmember Rutstein's motion to adopt Resolution 83-203 was
as follows: Yeas: Councilmembers Clarke, Elliott, Horak, Knezovich,
Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Rutstein, to
adjourn into Executive Session for the purpose of discussing legal matters
and personnel matters. Yeas: Councilmembers Clarke, Elliott, Horak, '
Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Ordinances Relating to the Salaries of the
the City Attorney, City Manager, and Municipal
Judge, to be considered on December 13
Following is the staff's memorandum on this item:
"A. Hearing and First Reading of Ordinance No. 163, 1983, Fixing the
Salary of the City Attorney.
B. Hearing and First Reading of Ordinance No. 164, 1983, Fixing the
Salary of the City Manager.
C. Hearing and First Reading of Ordinance No. 165, 1983, Fixing the
Salary of the Municipal Judge.
City Council has met in Executive Session to perform the annual evaluations
of the City Attorney, City Manager, and Municipal Judge. These three
ordinances will establish the 1984 salaries for these three individuals.
Council needs to determine the dollar amount to be inserted in the blanks '
in each ordinance."
1WRE
11
December 6, 1983
At the conclusion of the Executive Session, Mayor Knezovich stated these
three ordinances would be considered at the adjourned meeting to be held on
December 13.
Adjournment
Councilmember Clarke made a motion, seconded by Councilmember Stoner,
to adjourn the meeting to 3:00 p.m. on December 13. Yeas: Councilmembers
Clarke, Elliott, Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays:
None.
The meeting adjourned at 12:00 a.m.
City Clerk
P
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