HomeMy WebLinkAboutMINUTES-02/18/1986-RegularFebruary 18, 1986
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, February 18, 1986, at 6:30 p.m. in the Council Chambers in the
City of Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Staff Members Present: Shannon, Huisjen, Krajicek, Lewis
Agenda Review: City Manager
Interim City Manager Shannon asked that Item #10, Hearing and First Reading
of Ordinance No. 27, 1986, Vacating the Right -of -Way of Windmill Drive in
Woodwest Seventh Filing, be withdrawn from the agenda and brought back at a
later date.
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 Items #20 and #30, 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 be staff or Council. These items will
be discussed immediately following the Consent Calendar.
4.
This ordinance was unanimously adopted on First Reading on February 4.
These proposed revisions to Chapter 69, of the Code of the City of
Fort Collins, the city's Landmark Preservation Ordinance, would amend
various sectiohs: of the chapter. Major areas of revision include
expanding the Landmark Preservation Commission from five members and
one alternate to; seven members; adding a provision for interim
control of building permits' when landmark designation is under
consideration; clarification of requirements for conceptual/final
review of work proposed on landmarks. and clarification of the appeal
' procedure for Landmark Commission decisions.
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February 18, 1986
5. Second Reading of Ordinance No. 21, 1986, Appropriating Unanticipated I
Revenue in the Community Development Block Grant Fund.
This Ordinance was unanimously adopted on First Reading on February 4.
The City of Fort Collins Community Development Block Grant (CDBG)
Program provided loans and grants to qualified homeowners for housing
rehabilitation. In addition, the CDBG Program provided financing for
three units of the Corner Church Condominiums. Program income has
been received from principal and interest payments and loan and grant
payoffs totaling $61,405. At this time, staff is requesting approval
to appropriate these program income monies to be used for emergency
rehabilitation.
6. Second Reading of Ordinance No. 22, 1986, Appropriating Unanticipated
Revenue in the General Fund.
7.
Fy
The Historic Preservation Office of the Community Development
Department received a grant in the amount of $1,000 from the National
Trust for Historic Preservation. This grant will be used by the
Historic Preservation Office to help finance development of an
educational manual on historic preservation. This manual will be
developed in conjunction with Poudre R-1 School District personnel and
will aid in the introduction of historic preservation into the
curriculum.
This Ordinance was unanimously adopted on First Reading on February 4 '
and appropriates the $1,000 in grant funds for expenditure by the
Historic Preservation Office.
The improvements in the District were accepted at the January 7, 1986
meeting of the City Council. Notice of the assessment has been
published and mailed to the affected property owners.
The District is located on Lemay Avenue from Harmony Road South to the
entrance of the SouthRidge Greens Public Golf Course. Improvements
included the acquisition, construction, and installation of street,
water line, sanitary sewer -line and storm drainage improvements in the
District.
The improvements in the District were accepted at the January 7, 1986
meeting of the City Council. Notice of the assessment has been
published and mailed to the affected property owners. At the January
21, 1986 Council meeting, an Ordinance authorizing the issuance of I
$1,300,000 in Special Assessment Bonds for the Heart Special
Improvement District No. 84 was adopted.
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February 18, 1986
9. Hearing and First Reading of Ordinance No 26 1986 Revising a
Portion of Chapter 99 of the City Code Regarding the Placement of
Utilities Underground.
This revision requires all utilities to be placed underground except
under four specific conditions when utilities may be left or installed
aboveground. The existing ordinance is less specific and more open to
interpretation.
10.
The amended Master plan for Cunningham Corner P.U.D. was approved by
Council on July 2, 1985. That Master plan required the vacation of
Windmill Drive in Woodwest 7th Filing to allow .the construction of
townhomes in Cunningham Corners. The Planning and Zoning Board had
denied the amended Master plan because they agreed with staff that the
connection of Windmill to Horsetooth was needed to provide better
access to Woodwest for emergency vehicles and better circulation from
a traffic engineering and planning standpoint. Council overturned the
decision of Planning and Zoning Board and approved the plan deleting
the extension of Windmill. This is the request to vacate the
right-of-way for the stub of the street while still retaining utility
' and access easements.
The applicant for the vacation of Windmill Drive is the developer of
Cunningham Corners P.U.D., Metcalf Ltd. with Mr. Tom Sibbald
representing the developer.
11.
On February 4, Council approved the first and second Resolutions
pertaining to the formation of the Harmony Trunk Sanitary Sewer
District No. 60. The petitioner is now asking Council for formal
creation of the district.
12. Items Relating to Street Name Changes in Park South P.U.D. and Four
Seasons P.U.D. Second Filing.
A. Resolution Changing the Name of Boulder Street in Park South
P.U.D. to Dennison Avenue.
B. Resolution Changing the Name of Michie Drive in Four Seasons
Second Filing P.U.D. to Wabash Street.
When Four Seasons P.U.D. Fourth Filing;was approved the street system
was changed creating continuous streets with two different names.
' These resolutions change one of the names of each of the streets to
the other name thereby creating a street network that is continuous
and not confusing.
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February 18, 1986
13.
14.
15.
The Poudre Emergency Communication Center has provided these same
services for the Poudre Valley Hospital District for the past six
years under similar agreements.
The agreement provides for the Hospital District to pay to the City
Thirty -Four Thousand Dollars ($34,000) for communication services and
$1,800 for phone expense, payable in four equal installments during
1986. This agreement has been approved by the Poudre Valley Hospital
District.
Care -A -Van provides transportation services to disabled, elderly, and
economically disadvantaged persons. This service complements the City
Transfort system. This contract provides the same level of support
funding as did the 1985 contract. Of the total $68,864 contribution,
$10,500 will be paid from the General Fund and $58,364 is federal
grant money the City has allocated to Care -A -Van to provide
transportation services within the City of Fort Collins. These funds
have been budgeted in the 1986 Transfort budget.
Based upon Care-A-Van's 1986 projected cost per trip of $3.51, the
City can expect that approximately 19,619 trips will be provided.
Since April 1983, Care -A -Van has leased maintenance, office, and
vehicle storage space at the City transit facility located at 6570
Portner Road. During each of the last two years, Care -A -Van has paid
a total of $15,000 annually for these services.
16. Resolution Making Appointment to the Planning and Zoning Board
A vacancy currently exists on the Planning and Zoning Board due to the
resignation of Gary Ross. The Council liaison has conducted
interviews.
In keeping with Council's policy,, the recommendation for this
appointment was announced on February 4. The appointments were tabled
to February 18 to allow additional time for public input. Prospective
appointees are as follows:
Planning and Zoning Board - Linda Lang - regular '
Bernhard Strom - alternate
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February 18, 1986
' 17. Resolution Adopting an Organization and Procedures Manual on
Legislative Matters Affecting the City of Fort Collins and Adopting
the 1986 City of Fort Collins Legislative Program
go
This Resolution formally adopts the Organization and Procedures Manual
on Legislative Matters Affecting the City of Fort Collins, and
formalizes the City of Fort Collins 1986 Legislative Program.
On December 3, after an initial vote of denial (4-3) and at the
request of Councilmember Knezovich who wanted to clarify his vote,
Council voted 4-3 to reconsider the Stuart UGA Amendment. Upon
reconsideration, Council voted 6-1 to table the item to the regular
meeting of December 17th, at which time it was tabled to February 18
at the request of staff and with the concurrence of the applicant.
The applicant has requested the item be further tabled to March 4.
The applicant, Kimbel J. Stuart, is requesting an amendment to the
Fort Collins Urban Growth Area boundary to include approximately 80
acres located south of Horsetooth Road (extended) and west of Taft
Hill Road. This area was part of the larger Foothills Area UGA
boundary amendment request reviewed and denied by the City Council on
November 5, 1985. The resolution for approval of this request
includes the 1.5 units per acre density limitation condition suggested
by the City Council at their October 8, 1985, work session.
19. Routine Deeds and Easements.
a. Powerline easement from Natividad Castaneda located at 302 Cherry.
b. Easement agreements for water treatment plant relocation:
1. Randleman
2. McCormick
3. Linder
4. Custer
5. State of Colorado, Division of Wildlife
6. Udall
7. Lamana/Burke',
Ordinances on Second Reading were read by title by Wanda Krajicek, City
Clerk.
Item #4.
I
Item #5.
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February 18, 1986
Item #6.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item V.
Item #8.
Item #9.
Item #10.
Item #11. Hearing and First Reading of Ordinance No. 28, 1986, Creating
Harmony Trunk Sanitary Sewer Special Improvement District No. 60.
Council member. Ohl son made a motion, seconded by Councilmember Estrada, to '
adopt and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Estrada, Horak, Knezovich, Ohlson, Rutstein, and Stoner.
Nays: None.
THE MOTION CARRIED.
Resolution Making Appointments to the
Public Access Advisory Board. Tabled to March 4th
Following is the staff's memorandum on this item:
"Two vacancies currently exist on the Public Access Advisory Board due to
the resignations of Bear Jack Gebhardt and Jim Welch. The Council liaison
has reviewed the active: applications on file and is recommending the
following appointments be made:
Public Access Advisory Board - Sue Ballou
- John McCoy
In keeping with Council's policy, this Resolution will be tabled until
March 4 for public input."
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to I
adopt Resolution 86-28 inserting the, names of Sue Ballou and -John McCoy.
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February 18, 1986
' Councilmember Knezovich made a motion, seconded by Councilmember Estrada,
to table Resolution 86-28 to March 4th. Yeas: Councilmembers Estrada,
Horak, Knezovich, Ohlson, Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Resolution Supporting the Passage of
House Bill 1267, Regarding the
Purchase of Phantom Canyon for
Use as a State Park, Tabled Until
Following is the staff's memorandum on this item:
"Executive Summary
This Resolution requests the passage of House Bill 1267 and the acquisition
of Phantom Canyon for development as a State Park.
Background
Phantom Canyon is approximately 25 miles northwest
of Fort Collins;
landowners offered
to sell approximately
9,200 acres at this location as an
addition to the state park system in 1984.
The current
proposal contained
in H.B. 1267, is
Recreation in the
for the Director of
Department of Natural
the Division of Parks and Outdoor
Resources to acquire approximately
5,200 acres, at
this location for a
purchase price
of approximately
$7,400,000.
The bill provides further that the Director is authorized to enter into a
purchase and escrow agreement which states that escrowed funds will consist
of amounts donated by the private sources and the amounts appropriated by
the general assembly for acquisition of the property, as follows:
In fiscal year beginning:
July
1,
1986
- $2,500,000
July
1,
1986
- $2,500,000
July
1,
1988
- $1,400,000
The City of Fort Collins Parks and Recreation Department and the Parks and
Recreation Board supported the purchase in 1984, and continue to support
the purchase under the current proposal. The Intergovernmental Relations
Committee has not met to finalize a recommendation to the Council. A
telephone poll of the Committee members indicated possible diverse
opinions. Therefore, the issue`should°be,discussed at the Council meeting,
prior to sending a City of Fort'Collins"position to the House Agriculture,
Livestock, and National Resources, and Appropriations Committees."
' Councilmember Knezovich made a motion, seconded by Councilmember Estrada,
to adopt Resolution 86-29.
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February 18, 1986
Councilmember Knezovich spoke in support of the Resolution and noted Ron
Holliday from the State Parks Department was present to answer questions.
Ron Holliday, Director of the State Parks System, spoke on the proposal and
described the House Bill to be considered on February 19.
Tim Johnson, 2939 Brookwood Place, representing the Sierra Club, read a
statement supporting the purchase of Phantom Canyon for development as a
state park.
Chuck Connelly, 1500 Shadow Mountain Court, expressed support for the
Resolution on behalf of Trout Unlimited.
Bruce Lockhart, 2500 East Harmony Road, urged defeat of the Resolution and
noted he had reservations about the price (too high).
Ron Holliday addressed questions brought up relating to the appraisal. He
noted the entire 9300 acre tract came in at $8 million and the scaled down
version at $6 million.
Councilmember Knezovich urged support of the Resolution noting Phantom
Canyon was a unique area in northern Colorado. He felt the acquisition of
a state park in northern Larimer County would add an economic development
tool for Fort Collins and was an excellent opportunity for the citizens of
Larimer County to get back some of their tax and lottery dollars.
Councilmember Stoner expressed concern that the City was even involved in
this issue, about the maintenance of the road into the proposed park, and
about the way the item appeared on the agenda. He felt Council had not
received enough information on the issue.
Councilmember Horak supported Councilmember Stoner's comments and expressed
concern that the Resolution had not gone through the intergovernmental
committee. He noted he was not convinced that the Parks Department was the
best entity to hold the land or that the best deal had been negotiated.
Councilmember Ohlson agreed with Councilmembers Stoner and Horak and noted
he would oppose the Resolution.
Mayor Rutstein noted she had been convinced that the purchase was worthy of
support by the way�:the deal was structured.
The vote on Councilmember Knezovich's motion to adopt Resolution 86-29 was
as follows: Yeas: Councilmembers Estrada,,Knezovich, and Rutstein. Nays:
Councilmembers Horak, Ohlson, and Stoner.
THE MOTION FAILED.
(Secretary's Note: See continuation of discussion on this item on page
227.)
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February 18, 1986
1
Citizen Participation
A. Proclamation Naming March as Youth Art Month was forwarded to the
appropriate persons.
Bruce Brown, 425 North Whitcomb, asked if interviews by the citizen
advisory committee were to be public or private and asked about the
schedule for the interviews for the City Manager candidates. He suggested
the process be slowed down and extended.
Michelle Creeden, 1917 South Shields #03, spoke of her father's appearance
at the February 4th Council meeting, the treatment of her family by the
Fort Collins Police Department, and the incidents involving her family.
Jim Creeden, 1917 South Shields #03, spoke of the Police Department's
investigation relating to the incidents involving his family. He
complained about the method of handling the investigation and asked for
immediate resolution of the situation.
Interim City Manager Shannon noted the City was doing an extremely thorough
investigation of Mr. Creeden's allegations and added that the investigation
was approximately 90% complete. He noted the City Attorney's office would
review the report and expected the final report would be forwarded to Mr.
Creeden by the middle of next week. He added Mr. Creeden would be advised
of his avenues of recourse should he not find the response from the City
Manager's office to be acceptable.
Spike Hoffman, 2211 West Mulberry, appeared to inform Council that although
he was the operator of the loader on behalf of the Trolley Society, he was
not the one who had damaged the curbing as alleged by some West Mountain
residents. He stated the curb damage had occurred some time before his
work on West Mountain.
Items Relating to the Purchase by
the Downtown Development Authority
of the Property Known as Small
Wonder Located at 185 North College
Following is the staff's memorandum on this item:
"Executive Summary
A. Resolution Approving the Purchase of Property Known as Small Wonder by
the Downtown Development Authority.
Hearing and First Reading on Ordinance
$132,800 in Investment Earnings from
Downtown Development Fund for Purchase
College.
No. 29, 1986, Appropriating
Prior Year Reserves in the
of Property located at 185 N.
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February 18, 1986
The DDA Board of Directors voted 8-0 (with one member absent) in favor of
appropriating $132,800 for purchase of the property located at 185 N.
College.
Background
The DDA is interested in purchasing this property for many reasons
including the following:
0 a prime downtown corner can be improved
the project might spur the redevelopment of an awkward traffic
intersection
• the site offers an excellent opportunity to provide a gateway
into all vacant railway land
These reasons are supported by the objectives and purposes of the DDA Plan
of Development. The Plan of Development was adopted by the Fort Collins
City Council in 1981. One of the primary objectives of the Downtown
Development Authority stated on page five is to..."prevent deterioration
of property values and structures within the District, to prevent the
growth of blighted areas within the District, to assist the City of Fort
Collins in the development, redevelopment and planning of the economic and
physical restoration and growth of the District, to improve the overall
appearance, condition and function of the District ... to relieve traffic
congestion and railroad conflicts."
More specifically stated, the objectives which would be met through
acquisition of this property include:
To improve the visual attractiveness of the District including, but
not limited to, improving public street and alleys by the
installation of new surfacing, curbs, gutters, sidewalks and the
placing of visually integrated street furniture and landscaping,
and the development and improvement of street lighting systems."
"To encourage the renovation and reuse of vacant and deteriorated
structures within the. District."
"To improve the usefulness and accessibility of sites and streets,
thereby promoting the growth of the District and retarding
economic, physical, and social decline in the District."
The DDA sees acquisition of this property as a further step toward its goal
of restoring the downtown, especially since College Avenue is the main
downtown commercial street.
Additionally, the purchase of this land by the DDA is supported by the City
of Fort Collins land Use Policies Plan which was adopted by City Council
August 14, 1979. Policy 37, page thirty-six states, "The City shall
promote the downtown area as a focal point of the community through such
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1
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February 18, 1986
I
means as ... defining and encouraging the location of proper uses in the
area."
The DDA has entered into a contract to purchase the property at 185 North
College Avenue for $132,800. Because of unfavorable loan terms proffered
by lending institutions and time constraints imposed by the purchase
agreement, the Authority voted 8-0 to buy the property using investment
earnings from prior year reserves. However, the DDA will continue to
pursue a favorable loan/financing package and, when obtained, "pay itself
back" for the cost of the acquisition.
Funds for this purchase are indicated on the budget outlined below:
Operations
Revenues:
Taxes
$113,431
Miscellaneous
28,724
Earnings on Investments
247,078
Total Revenues
$389,233
Expenditures:
Personal Services
$113,519
Contractual Services
52,882
Commodities
6,077
Capital Outlay
18,828
' Debt Service
0
Total Expenditures
$191,306
Excess of Revenues Over (Under)
Expenditures
$197,927
Other Financing Sources (Uses):
Proceeds from sale of bonds
$484,609
Transfer from Operations
0
Transfer to City Capital Projects
0
Transfer to Capital Projects
(484,609)
Loan Repayment
(2,500)
Total Other Financing Sources
($2,500)
Excess of Revenues and Other Financing Sources
Over (Under) Expenditures and Other Uses
$195,427'
Funds Available for Purchase of Small Wonder
$195,427
FUTURE USE OF PROPERTY
The Downtown Development Authority has discussed a variety of scenarios for
' redevelopment of this site. Ideally, any future use should blend with the
existing architectural character of College Avenue. The Authority has also
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February 18, 1986
discussed the concept of a park on a portion of the site. The park could I
serve as a location for a Veterans' Memorial.
At the time of redevelopment, the Authority has suggested requesting the
City to redesign the LaPorte -College Avenue intersection to permit the
vacation of the eastbound lanes of LaPorte Avenue. This would expand the
land available for redevelopment and increase the probability of
incorporating a memorial park. While it is premature to discuss details,
DDA financial participation in the redesign of the LaPorte -College
intersection would be a plausible course of action, especially if it would
induce appropriate redevelopment."
Councilmember Ohlson made a motion, seconded by Councilmember Estrada, to
adopt Resolution 86-30.
Robert Steiner, Acting DDA Director, explained the purpose of the two items
Council was to consider. He urged favorable consideration of the items.
Greg Denton, DDA attorney, explained the terms of the lease with Small
Wonder, noting Walt Brown had entered into a contract to purchase the
property to allow the DDA an opportunity to purchase the property. A
second purchaser was intending to put a convenience store at that location.
Mr. Brown assigned the contract to the DDA who had to accept the provisions
in the agreement. They were able to reduce the free rent provision from
nine months to seven months in lieu of relocation expenses and to t
compensate for the delays in closing the sale.
Barbara Schofield, DDA Chairperson, spoke on the status of the DDA's tax
increment funds.
Bruce Brown, 425 North Whitcomb, opposed the project noting he felt it
would cause a bottle neck on LaPorte. He felt a convenience store on that
location might be desirable.
Dick Beardmore, 2212 Kiowa Court, explained the negative impact a
convenience store would have on the site.
Councilmember Estrada felt the project fit nicely on the site and with DDA
resources. He thought a pocket park would rejuvenate the area especially
if coupled with a veterans war memorial..
Councilmember Knezovich felt the" natural`; process should be followed rather
than taking the property off the'tax rolls.:
Councilmember Stoner stated the DDA had looked into this issue in much more
depth and had voted 8-0 to pursue the project. He noted'he would support
the DDA's decision.
Councilmember Horak noted he would not support the project adding he had
not received adequate information on the options for spending the money in I
the downtown.
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February 18, 1986
'
Councilmember Ohlson stated he
would support the proposal and
added it was
an appropriate use and a key
parcel to
be used
for an obvious public
purpose.
Mayor Rutstein stated she would
support the
project
and noted
it could have
a big impact on the downtown.
The vote on Councilmember Ohlson's motion
to adopt
Resolution
86-30 was as
follows: Yeas: Councilmembers Estrada,
Ohlson,
Rutstein,
and Stoner.
Nays: Councilmembers Horak and
Knezovich.
THE MOTION CARRIED.
Councilmember Knezovich made a motion, seconded by Councilmember Estrada,
to adopt Ordinance No. 29, 1986 on First Reading. Yeas: Councilmembers
Estrada, Knezovich, Ohlson, Rutstein, and Stoner. Nays: Councilmember
Horak.
THE MOTION CARRIED.
Resolution Recommending Waiver of the
Off -Site Street Improvements Requirement
for Development in the UGA (Known as Summit
' View Industrial Park PUD, 2nd Filing) Adopted
Following is the staff's memorandum on this item:
"Executive Summary
This is a request to waive the off -site street improvement requirements for
Summit View Industrial Park PUD, 2nd Filing. The PUD Master Plan covers
approximately 22 acres and the Preliminary Phase Plan for a manufacturing
building on part of Lot 1 covers approximately 6.7 of the 22 acres. Alpine
Manufacturing wishes to purchase Lot 1 (including parcel 1 and 2) and
develop part of it as per the PUD Plan. The site is located 1/2 mile north
of Highway 14 and 1 1/2 miles west of Interstate 25, adjacent to the Fort
Collins Airpark. The zoning is I -Industrial.
Background
Surrounding zoning and land uses are as follows:
N: I; Park International PUD (existing industrial uses)
S: I; Summitview Industrial Park
E: I; Unsubdivided (Barker Construction, Sand and Gravel)
W: 0; Airport
The applicants are Richard and Martha Bartlett, owners of the entire Master
' Plan area. Ed and Jean Laudick, potential buyers of Lot 1 of the Bartlett
property, are the owners of Alpine Manufacturing, Inc. and recipients of
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February 18, 1986
industrial development revenue bonds. Material provided by the applicant I
indicates that the company employs approximately 120 people.
The waiver request has been made pursuant to the UGA Agreement requirement
that right-of-way must be constructed as shown on the Master Street Plan
back to the nearest improved arterial (Summit View south to Highway 14 in
this case); or a waiver may be granted, in which case a fee must be paid.
In consideration of any development proposal, it is standard City policy
and a requirement of the subdivision process that appropriate right-of-way
be dedicated for streets shown on the Master Street Plan. Timberline Road
is planned as a major arterial and will bisect the Bartlett property. A
right-of-way dedication of 120 feet is therefore recommended by staff as a
condition of approval for the PUD/subdivision and the waiver.
Alpine Manufacturing, as the potential purchaser, applied for and received
IDRB financing from the City in October. Council approved the inducement
resolution conditioned upon the dedication of the 120 foot right-of-way.
The subdivision proposal had not been submitted at that time for City
review as a County referral. Therefore, staff considered the dedication
applicable to the entire 22 acre tract. Prior to Planning and Zoning Board
review, it became apparent that the applicant intended to dedicate only the
right-of-way that was a part of the proposed 12.5 acre tract (Lot 1,
including parcel 1 and parcel 2). Alpine Manufacturing and the Bartletts
believe the entire 120 foot dedication is excessive.
Waiver Requirements: In order to develop in the UGA, the following I
criteria must be met or waivers to the requirements must be approved:
1. Public water
2. Public sewer
3. Minimum water pressure of 30 psi
4. Public street capacity (improving on and off -site streets
to Master Street Plan standards)
5. 1/6 contiguity to existing development
6. Agreement between City and water and sewer districts on
standard for installation
Summit View Industrial Park, 2nd Filing can meet these criteria with the
exception of public street, capacity,' therefore the waiver is requested.
The Larimer County Commissioners may waive phasing criteria for development
in the UGA provided that:
Such waiver is approved by the governing body of the
adjoining municipality.
The waiver will not result in unplanned expense for provision
of public services, improvements or facilities.
The waiver is consistent with the intent and purpose of the '
County's and City's Comprehensive Plans and Policies.
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February 18, 1986
' 4. The waiver application contains material indicating approval
may be granted without substantial detriment to the intent
and purposes of the Supplementary Regulations applying to the
area.
The waiver application contains material indicating there are
exceptional circumstances applying to the specific piece of
property that do not generally apply to the remaining
property in the UGA.
The waiver application contains material indicating approval
would not impair the public health and safety by creating
undesirable traffic or sanitary conditions or adverse
environmental influences in the area.
Staff has reviewed a Traffic Impact Study (executive summary attached) as
well as supplemental information provided by the applicant. Staff believes
that the waiver request meets the intent of the applicable waiver criteria
and should be approved, subject to the needed right-of-way dedication.
Included among the "minimum waiver conditions for public streets" in the
UGA is the following:
"Where the conditions of the off -site streets, sidewalks, or bike
lanes are found to be deficient, improvements shall be required
' to construct the streets, sidewalks or bike lanes to a level
capable of handling projected traffic volumes with base and
sub -base construction equal to that required by the adjoining
municipality's Master Street Plan."
Staff views the dedication of the Timberline right-of-way as an
"improvement" to this area, which is necessitated by the proposed
development, and without this dedication, Staff does not believe the
minimum waiver conditions for public streets (attached) have been met.
Although the actual construction of Timberline north of Highway 14 is not
anticipated for eight to fifteen years, it is an important section of the
Master Street Plan's arterial network and will benefit Summit View
Industrial Park as well as the community as a whole. If the dedication does
not occur, the City will still have to acquire the needed right-of-way in
the future, either obtained when development is proposed for parcels 3 and
4 or purchased at public expense. The City Traffic Engineer believes that
the proposed impact from Alpine Manufacturing is at the "high end" of what
would be considered acceptable in terms of granting a waiver, but with the
full 120' dedication of Timberline, it is reasonable.
The Intergovernmental Agreement'; for the. Fort Collins Urban Growth Area
requires that streets be improved back to the nearest improved arterial
unless a waiver is granted. In the case of this project, this would mean
reconstruction of Summitview Drive back to Highway 14 (over 1/4 mile of
collector street). Staff estimates that this could cost roughly $200,000.
' For an industrial use, the waiver fee is $5,575 per acre, resulting in a
$69,687.50 fee for the 12.5 acre development. The applicant has discussed
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February 18, 1986
the possibility of reducing the acreage of the platted tract prior to final '
approval by the County. The waiver would apply to the entire 12.5 acre
tract, with the understanding that Alpine Manufacturing will not be
assessed again.
IDRB Requirements: City Council has agreed to finance construction of
Alpine Manufacturing by the issuance of industrial development revenue
bonds (see attached Resolution 85-170). As a condition of issuance of the
bonds, the Resolution requires:
a. 120' right-of-way dedication for Timberline Road,
(Timberline Road is a major arterial on the Master Street
Plan. In addition to the IDRB requirement, staff is
recommending that this dedication be made a condition of the
waiver requested herein.)
b. property will be developed only as a PUD,
(The proposal has been submitted as a PUD Plan. The Master
Plan is the first phase of the County PUD process. It is
similar to the City's Preliminary PUD but requires less
detail. The Preliminary Phase Plan for the manufacturing
building would be similar to the Final PUD step in the City
process. Planning and Zoning Board recommended that a note be '
added to the Master Plan and plat to alert future
developer/subdividers of the PUD requirement. With the
industrial zoning, the land is open to a wide variety of
permitted uses.)
c. compliance with landscaping and buffering requirements of the
City,
(In response to City Staff concerns, the applicant added
evergreen tree plantings at the perimeter of the parking area,
in the parking lot, and west of the building. Street trees
are planned along International Boulevard.)
d. compliance with all energy conservation requirements and
standards of the City,
(This was not. documented in;` the submittal. Planning and
Zoning Board suggested that a note be added to the plans,
stating that the building will meet the City's Non-residential
Energy Code requirements.)
e. comply with all development and building requirements of the
City,
(Parking exceeds the amount recommended by the City, since the '
County's requirements are more restrictive. Both City and
County Building Departments rely on Poudre Fire Authority for
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February 18, 1986
' enforcement of emergency services requirements so these
standards will be consistent. Both City and County use the
'82 Uniform Building Code and adopt amendments concurrently.
f. agreement to annex when eligible.
(The land is not presently eligible for annexation. It lacks
one -sixth contiguity to the City boundary.)
After a considerable amount of discussion, the Planning and Zoning Board's
rationale for not supporting the full Timberline right-of-way dedication
was that the City should be promoting industry such as Alpine Manufacturing
and that a dedication of this magnitude discourages economic growth. The
Board also suggested that the County consider a reduction in the fee and
"make an accurate assessment based on proposed usage". (A copy of the
Board's minutes is attached.)
This proposal requires that the City examine both current and future road
improvement needs. Initially, when the IDRB inducement resolution was
drawn up, the City recognized the need for the 120' Timberline Road
right-of-way as shown on the Master Street Plan. With submittal of the PUD
Plan for Alpine Manufacturing, the City needed to focus on the current need
for improvements to Summitview. The waiver process is designed to address
the current need.
Staff believes that planning for the future is vitally important and that
the 120' dedication helps achieve this. The dedication meets the IDRB
inducement resolution requirements, and the intent of the UGA agreement
waiver process because there is no guarantee that the waiver fee will be
spent in this area. Therefore, a dedication of the full 120' is preferable
to the 60' dedication and fee. Staff recommends that the full 120'
Councilmember Knezovich made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-33.
Harold Fischer, agent for the seller, asked that the City provide and pay
for a survey of the easement along with the staking of the Timberline Road
alignment.
Elaine Kleckner, City Planner, replied that City staff would work on the
alignment with Mr. Fischer and the developers of the parcels so that the
parcels are developable' and marketable.
The vote on Councilmember Knezovich's motion to adopt Resolution 86-33 was
' as follows: Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
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February 18, 1986
THE MOTION CARRIED.
Resolution Endorsing Inclusion of
Chapter 2 of the Poudre River Trust
Land Use Policy Plan as an Element
of the Comprehensive Plan of
the City of Fort Collins. Adopted
Following is the staff's memorandum on this item:
"Executive Summary
The Poudre River Trust Land Use Policy Plan is a planning tool, designed to
articulate community desires for the Downtown River Corridor. It seeks to
balance economic development and preservation concerns. It includes
policies to direct and integrate historic/educational/cultural, natural
resources, recreational, and mixed use development activities. Following
adoption by City Council, the policies contained in Chapter 2 will become
an element of the City's Comprehensive Plan, just as the Goals and
Objectives, Land Development Guidance System, and neighborhood plans become
elements of the Comprehensive Plan. The Implementation Plan portion of the
document will continue to be refined.
1
Background
I
The Plan was first presented
to City Council at the November 26, 1985
worksession. (A copy of the
Staff report is attached
and includes a
general overview of the document
and it's relationship to the Comprehensive
Plan.) Since the worksession,
various City Boards and
Commissions have
reviewed the portions within
their area of expertise.
The following
comments summarize their concerns
and explain how their
suggestions have
been incorporated.
Parks and Recreation Board: The Board endorses the Plan as it pertains to
recreation and finds it in no way contrary to their goals.
Water Board: The Board was concerned about the inference that private
development might be subsidized -:by water/sewer accounts. Infrastructure
improvement programs have beenk, used as economic development tools
throughout the country;, and this%'approach is viewed as having potential in
the Fort Collins downtown river corridor. At the broad Policy Plan level
however, specific funding mechanisms have not been determined. With
adoption, the Plan does not make City assistance in infrastructure
improvement a reality, it merely suggests' this as an approach to
strengthening the economic viability of the area. City participation
could, but does not have to mean subsidizing development costs. For
example, the City could give priority to certain capital projects to
facilitate private development projects. This cooperation.with the private '
sector in terms of timing could assist without a reduction in development
fees.
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February 18, 1986
Implementation of the Plan will include the preparation of an
infrastructure analysis as a part of a cost/benefit analysis, designed to
demonstrate the difference between potential revenues generated in the area
and the cost of providing adequate urban services. With this information
in hand, the City can better determine the appropriate type and amount of
participation in area improvements. By design, the Policy Plan leaves the
type and level of participation open-ended. By suggesting that the City
play a part in infrastructure improvements, it acknowledges and reaffirms
previously adopted goals, objectives and land use policies that direct
development to this part of the City. The Plan says that "the City of Fort
Collins should take a major role in the funding of utility improvement
programs in this area", purposely leaving the specifics to be determined at
a later date. This Water Board comment is good in that it highlights an
issue on which to focus during implementation.
The Board pointed out that the Water and Sewer Utility, not the Natural
Resources Department, coordinates the 208 Water Quality Management
activities. Wording has been changed in order to acknowledge the Water and
Sewer Utilities' role in water quality management.
Storm Drainage Board: The Board's discussion focused on the statement that
"the downtown river corridor should be exempt from storm drainage
development fees". The Plan suggested this policy in recognition of the
fact that improvements to this particular channel will benefit the entire
community, not just the study area, and to act as an incentive for
development. The Board pointed out that without completion of the
hydrology and basin study for this area, the decision to waive fees would
be premature. This wording has been softened and indicates that the
possibility of reduced development fees should be explored.
Natural Resources Advisory Board: The Board supports the Plan and
recognizes the desire to balance development and preservation interests.
They see the need to define acceptable versus unacceptable flood debris
upon implementation of the Plan. Wording has been added to address future
development of these criteria.
Another concern was with the suggestion that off -channel storage ponds be
created. Although desirable from an urban design standpoint, ponding may
create the need for augmentation plans. Natural Resources Department Staff
points out that the Board is not opposed to the ponding, but they do want
to highlight the need for detailed review during implementation.
Landmark Preservation Commission: The group endorsed the Plan and made
several suggestions. They recommended that wording historic "sites", be
changed to "sites, structures, objects, and districts" which conforms with
the general language referenced in` the City's ordinances. This has been
done.
The Commission
felt
that encouragement
of local
designation of historic
'
sites should be
more
strongly stated, and
this has
been done.
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February 18, 1986
Wording has also been changed where policies refer to "demolition
'
criteria". The concern was that this term casts a negative light on
preservation efforts, and that the desire to protect things of historical
significance could be stated more positively.
The Commission pointed out that during implementation, criteria will need
to established to define "contributing" as it relates to historic
preservation.
Cultural Resources Board: The Board reviewed the Plan at a joint meeting
with the Landmark Preservation Commission. They endorsed the plan and
offered the following suggestions.
They questioned the Trust's role in the formation and implementation of the
Policy Plan and felt that this relationship should be clarified. Language
has been added to Chapter 1 to clarify. This chapter explains how the
Policy Plan becomes an element of the Comprehensive Plan and how it is
used.
The Plan suggests an outdoor amphitheater as a cultural addition to the
river corridor. The Board felt that a site in the study area is a
possibility but that other sites throughout the community should be
considered. Wording in the plan has been refined to indicate that the
riverfront is one option worth exploring.
Planning and Zoning Board: As the attached minutes indicate, the Board '
formally recommended that City Council adopt the "Policy Plans" portion of
the Poudre River Trust Land Use Policy Plan as an element of the
Comprehensive Plan. They supported the vision it presents and the Plan's
value as a planning and educational tool."
Councilmember Ohlson made a motion, seconded by Councilmember Stoner, to
adopt Resolution 86-32.
Eldon Ward, consultant for the project, gave a presentation on the
highlights of the plan.
Howard Alden, Poudre River Trust representative, commented on the plan and
asked for Council's support.
Harold Fischer, Coy Ditch trustee, stated he had not received much
information or a copy of the plan.
Jim Schmehl, 2613 Tremont, representing Rocky Mountain Flycasters and
Colorado Trout Unlimited, read a statement supporting the plan.
Tom Schoemaker, Vice -President of the Fort Collins Audubon Society,
supported the land use"policy plan.
Jim Woodward, 400 South Grant, expressed concern about the plan's '
recommendation to expand the DDA boundaries or create :an Urban Renewal
Authority.
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February 18, 1986
' Bruce Lockhart, 2500 East Harmony Road, noted he was opposed to a
Riverfront Urban Renewal Authority and to the permanent creation of a Power
Plant Visual Arts Center.
Councilmember Ohlson noted he supported the plan and appreciated the
efforts of staff, the consultant, and the Poudre River Trust members in
producing the plan. He felt the plan should be adopted in concept to show
support for development of the river.
Councilmember Estrada expressed concern about a commitment to fee waivers
and suggested staff look closely at the concept.
Councilmember Horak noted he supported the plan as a conceptual one.
The vote on Councilmember Ohlson's motion to adopt Resolution 86-32 was as
follows: Yeas: Councilmembers Estrada, Horak, Knezovich, Ohlson,
Rutstein, and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmembers' Reports
Councilmember Ohlson complimented City staff and the Department of Natural
Resources for the production and distribution of the first Fort Collins
recycling directory.
Councilmember Horak reported on the Avery Park neighborhood meeting dealing
with residents's concerns on snow dumping and drainage problems. He noted
the hearing on S.B. 1819 would be held Friday in Washington, D.C. and that
he would be attending and testifying at the hearing.
Mayor Rutstein reminded the public that the. deadline for submitting
applications for the Council vacancy was Thursday, February 20 at 5:00 p.m.
Other Business
Resolution Endorsing S.B. 1819
Designating Portions of the Cache La
Poudre River as Wild and Scenic Approved
Councilmember Horak made a -motion, seconded by Councilmember Estrada, to
adopt Resolution 86-34.
Councilmember Horak noted the Senate Bill was the same as the House Bill
and that he wanted to go on record supporting both.
' The vote on Councilmember Horak's motion to adopt Resolution 86-34 was as
follows: Yeas: Councilmembers Estrada, Horak, Ohlson, Rutstein, and
Stoner. Nays: Councilmember Knezovich.
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February 18, 1986
THE MOTION CARRIED.
Resolution Supporting the Passage of
House Bill 1267, Regarding the Purchase
of Phantom Canyon for Use as a State
Park. Reconsidered and Tabled to March 4
Councilmember Horak made a motion, seconded by Councilmember Knezovich, to
reconsider Resolution 86-29. Yeas: Councilmembers Estrada, Horak,
Knezovich, Ohlson, Rutstein and Stoner. Nays: None.
THE MOTION CARRIED.
Councilmember Horak felt the Resolution should be referred to the
intergovernmental committee for discussion with the Larimer County
Commissioners.
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
table Resolution 86-29 to March 4 to allow review by the intergovernmental
committee or have them submit a report by then.
1
Councilmember Knezovich felt this was a hollow motion and pointed out that
by March 4 the issue will have been decided. '
The vote on Councilmember Horak's motion to table Resolution 86-29 to March
4 was as follows: Yeas: Councilmembers Estrada, Horak, Ohlson, Rutstein
and Stoner. Nays: Councilmember Knezovich.
THE MOTION CARRIED.
Motion to Reconsider Schedule
for City Manager Interviews. Fails
Councilmember Horak made a motion, seconded by Councilmember Ohlson, to
reconsider the schedule of City Manager interviews and that they be
patterned after the process used to select the CSU president.
Councilmember Horak stated his intent was to expand and open the process.
Councilmember Stoner felt it was toolate and inappropriate to consider a
change at this time.
The vote on Councilmember`Horak's motion to reconsider the schedule was as
follows: Yeas: Councilmember Horak. Nays: Councilmembers Estrada,
Knezovich, Ohlson, Rutstein and Stoner.
THE MOTION FAILED.
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February 18, 1986
r�
Adjournment
Councilmember Knezovich made a motion,
adjourn the meeting to 7:00 p.m. on
Yeas: Councilmembers Estrada, Horak,
Stoner. Nays: None.
The meeting adjourned at 10:10 p.m.
ATTEST:
►
City Clerk
1
seconded by
February 21
Knezovich,
Mayor
Councilmember Stoner, to
at the Marriott Hotel.
Ohlson, Rutstein, and
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