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HomeMy WebLinkAboutMINUTES-05/20/1986-RegularI May 20, 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, May 20, 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: April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Staff Members Present: Burkett, Huisjen, M. Davis, and other staff members. Agenda Review: City Manager City Manager Burkett stated that the Downtown Development Authority had requested that Item #14, Ordinances Relating to Funding Downtown Neighborhood Plan and Design Competition, be withdrawn from the agenda. He also noted that a staff report has been prepared on the Prospect -Shields wetlands issue and he asked Council for direction. ') Marc Middel, 4740 Venturi, requested that Item #13A, Ordinances Related to the Annexation and Zoning of Approximately 4 Acres of Property Known as the Springfield Annexation No. 2, be withdrawn from the Consent Calendar. Bruce Lockhart, 2500 East Harmony Road, requested that Item #19, Resolution 86-83 Authorizing the Filing and Execution of an UMTA Section 9 Operating Assistance and Capital Grant for Transfort, be withdrawn from the Consent Agenda. 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 #27 and #33, Pul]led Consent Items, except items pulled by anyone in the audience or items' thatany 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. -334- 4. May 20, 1986 A. Second Reading of Ordinance No. 50, 1986, Annexing Approximately 3.08 Acres Known as the Stute #3 Annexation. Second Reading of Ordinance No. 51, 1986, Zoning Approximately 3.08 Acres, Known as the Stute #3 Annexation into the B-P, Planned Business Zone, with a PUD Condition. These ordinances were unanimously adopted on First Reading on May 6. The Stutes are requesting annexation and zoning of 3.08 acres, located south of and including Harmony Road, and west of I-25. Annexation #3 has been amended from the 50 acre "flagpole" annexation which was approved by the P&Z Board in 1985 and ultimately denied by City Council at the Stute's request. Larimer County's approval of a gravel pit and batch plant operation east of the site caused the owners to request the denial. Staff recommended that they submit the current request (the 50' strip east of Annexation #2) so that the adjacent property to the east will not be prevented from gaining contiguity. The request meets City and State annexation requirements and the requested B-P zoning is appropriate for the site. Items Relating to Code Changes on Secondhand Dealers and Pawnbrokers ' A. Second Reading of Ordinance No. 52, 1986, Repealing and Reenacting Article II of Chapter 73 of the City Code pertaining to Secondhand Dealers. Second Reading of Ordinance No. 53, 1986, Repealing and Reenacting Article XIII of Chapter 73 of the City Code pertaining to Pawnbrokers. These ordinances were unanimously adopted on First Reading on May 6. These revisions of Chapter 73 of the City Code are in response to 1983 and 1984 amendments of the State statutes. The State has taken the position that regulation of secondhand dealers and pawnbrokers is a matter of statewide concern. In such matters, Article XX, Section 6 of the Colorado Constitution requires that our ordinances be brought into conformity with the State statutes. The statutes do permit local regulation, but require that it. be at least as restrictive as the State statutes. Accordingly, numerous modifications of these ordinances have been made to conform to the State statute and to incorporate additional provisions, which are more restrictive in nature. -335- Cde 7. May 20, 1986 This Ordinance was unanimously adopted on First Reading on May 6 and appropriates $164,600 in unanticipated revenue for telephone equipment and services in the Communications Fund. This revenue was approved and appropriated in the individual departments with the 1986 Budget, but was not appropriated in the Communications Fund, because the accounting procedure was changed after the 1986 Budget was adopted. This Ordinance was unanimously adopted on First Reading on May 6. Alta Vista is a .63-acre park that serves the Alta Vista neighborhood. The park was developed with CDBG funds, but never fully completed. Parks and Recreation would like to make improvements using Parkland Fees that have been generated from the Alta Vista neighborhood, CDBG funds, and money from the City Manager's contingency fund. Council approval is needed to appropriate the Parkland Funds. Second Reading of Ordinance No 56 1986 Appropriating Unanticipated Revenue of $97,942 in the Benefits Fund. This Ordinance was unanimously adopted on First Reading on May 6 and appropriates $97,942 in unanticipated revenue in the Benefits Fund in order to pay insurance premiums associated with the City's new employee benefits program, which was established in April, 1986. The funds are contributed by employees to purchase dental insurance and to establish healthcare and daycare reimbursement accounts. Approximately 12% of this revenue represents joint employer -employee contributions for employees to join a local Health Maintenance Organization (PEAK). Second Reading of Ordinance No. 57, 1986, Vacating a Portion of Utility Easements in The Bridges P.U.D. This Ordinance was unanimously adopted on First Reading Developers of The Bridges P.U.D., are requesting the portion of utility easements* '1ocated in Tract 2 of the The easement was originallyi for, supplying natural buildings, however, the 'd'evelopei^a, has opted for buildings. There will be an easements retained along east sides of Tract 2 for other utilities. There are the easements on the west and north sides of Tract 2. All utilities have been contacted and have indicated no the vacation of this easement. on May 6. The vacation of a Bridges P.U.D. gas to the all -electric the south and no changes in problems with -336- May 20, 1986 10. This ordinance was unanimously adopted on First Reading on May 6. The owner of Lot 2, Fairview Shopping Center, Second Filing is requesting the vacation of all access, drainage, and utility easements in Lot 2. The Planning and Zoning Board approved a replat on March 24, 1986, and the original easements are no longer needed. All utilities have been contacted and have indicated no problems with the vacation. 11. The Resolution authorizing the Mayor to enter into an agreement for the City to continue to provide Larimer County residents with general library services, library outreach services to serve the handicapped, elderly and other isolated persons and to support an adult literacy project was unanimously adopted on May 6. In exchange for providing these services during 1986, the County will pay to the City $106,448. The ordinance, which was also unanimously adopted on First Reading on May 6, appropriates the Outreach and Adult Literacy project funds. ' General Service funds were projected and appropriated with the 1986 Budget. 12. This Ordinance was unanimously adopted on First Reading on May 6 and repeals Article X of Chapter 73 of the Code of the City of Fort Collins which is entitled "Distribution of Handbills". The Ordinance also amends Section 84-3B of the Code of the City of Fort Collins concerning littering by adding a provision so that "littering" does not include "the distribution of handbills in such a manner that the handbills are securely placed or deposited upon real property so as to prevent the same from bei"ng,•blown or scattered by the wind." 13. Ordinances Relatino to the' Annexation and Zoning of Certain Lands to the City. 13A. Hearing and First Reading of Ordinance No. 61, 1986, Annexing Approximately 4 Acres Known as the Springfield Annexation No. ' 2. Hearing and First Reading of Ordinance No. 62, 1986,.Zoning Approximately 4 Acres of Property, Known as the Springfield -337- IBl1 13C. May 20, 1986 Annexation No. 2, into the R-L, Low Density Residential, Zoning District. This is a City initiated request to annex and zone approximately 4 acres of property containing a church, located east of South Shields Street and about one-half mile south of West Horsetooth Road, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L, Low Density Residential, Zoning District. The property owner has several concerns related to the zoning of the property and increased taxes and fees which would have to be paid after the property has been annexed. ■ Hearing and First Reading of Ordinance No. 63, 1986, Annexing Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation. ■ Hearing and First Reading of Ordinance No. 64, 1986, Zoning Approximately 38.47 Acres of Property, Known as the Skyline Acres Annexation, into the R-E, Estate Residential, Zoning District. This is a City initiated request to annex and zone approximately 38.47 acres of property, the Skyline Acres Subdivision containing 19 single-family dwellings, located west of South Shields Street and south of West Horsetooth Road, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-E, Estate Residential, Zoning District. ■ Hearing and First Reading of Ordinance No. 65, 1986, Annexing Approximately 3 Acres of Property Known as the Chadwick Annexation. ■ Hearing and First Reading of Ordinance No. 66, 1986, Zoning Approximately 3 Acres of Property, Known as the Chadwick Annexation, into the R-E, Estate=Residential, Zoning District. This is a City initiated''request`to- annex and zone approximately 3 acres of property, located west of Timberline ' Road and about one-half mile south of Horsetooth Road, the site of a single-family dwelling, which is presently an enclave of county area completely surrounded by incorporated -338- 13D. May 20, 1986 area of the City of Fort Collins. The requested zoning is the ' R-E, Estate Residential, Zoning District. ■ Hearing and First Reading of Ordinance No. 67, 1986, Annexing Approximately 1.434 Acres of property Known as the Western Area Power Administration Annexation. Hearing and First Reading of Ordinance No. 68, 1986, Zoning Approximately 1.434 Acres of Property, Known as the Western Area Power Administration Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a request to annex and zone approximately 1.434 acres of property, containing a power sub -station, located east of Redwood Street and north of Conifer Street, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-P, Planned Residential, Zoning District. 13E. Ordinances Relating to the Annexation and Zoning of Approximately 5.025 Acres of Property Known as the Wickes Annexation ' ■ Hearing and First Reading of Ordinance No. 69, 1986, Annexing Approximately 5.025 Acres Known as the Wickes Annexation. 13F. Hearing and First Reading of Ordinance No. 70, 1986, Zoning Approximately 5.025 Acres of Property, Known as the Wickes Annexation, into the H-B, Highway Business Zoning District. This is a City initiated request to annex and zone approximately 5.025 acres of property, located west of South College Avenue and north of West Harmony Road, the site of Wickes Lumber Company, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the H-B, Highway Business, Zoning District. Annexation. ■ Hearing and First Reading of Ordinance No."71, 1986, Annexing Approximately 9.48 Acres Known as the Concrete Products Company Annexation. ' ■ Hearing and First Reading of Ordinance No. 72, 1986, Zoning Approximately 9.48 Acres of Property, Known as the;Concrete -339- 13G. 13H. May 20, 1986 Products Company Annexation, into the B-P, Planned Business, Zoning District. This is a City initiated request to annex and zone approximately 9.48 acres of property, located east of Wood Street and north of Elm Street, the site of Concrete Products Company and a single-family dwelling, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the B-P, Planned Business, Zoning District. Annexation. Hearing and First Reading of Ordinance No. 73, 1986, Annexing Approximately .801 Acres of Property Known as the Mountain View Animal Hospital Annexation. ■ Hearing and First Reading of Ordinance No. 74, 1986, Zoning Approximately .801 Acres of Property, Known as the Mountain View Animal Hospital Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is a City approximately .801 hospital, located one -quarter mile s an enclave of c incorporated area zoning is the R-L District. initiated request to annex and zone acres of property, containing an animal west of South Shields Street and about uth of West Drake Road, which is presently ounty area completely surrounded by )f the City of Fort Collins. The requested P, Low Density Planned Residential, Zoning Hearing and First Reading of Ordinance No. 75, 1986, Annexing Approximately 4.289 Acres Known as the Thomas Annexation. ■ Hearing and First Reading of Ordinance No. 76, 1986, Zoning Approximately 4.289 Acres, Known as the Thomas Annexation, into the R-L-P, Low Density Planned Residential, Zoning District. This is; a� City' initiated request to annex and zone approximately 4.289 acres ofproperty, containing a single-family dwelling, a green house, and nursery operation, located west of North Lemay Avenue and about one -quarter mile south of Willox Lane, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-L-P, Low Density Planned Residential, Zoning District. -340- 14 15. 13I. May 20, 1986 Hearing and First Reading of Ordinance No. 77, 1986, Annexing Approximately .862 Acres Known as the Webster Annexation. Hearing and First Reading of Ordinance No. 78, 1986, Zoning Approximately .862 Acres, Known as the Webster Annexation, into the R-P, Planned Residential, Zoning District. This is a City initiated request to annex and zone approximately .862 acres of property, containing two single-family dwellings, located east of South Shields Street and north of West Horsetooth Road, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-P, Planned Residential, Zoning District. Ordinances Relating to Funding Downtown Neighborhood Plan and Design Competition, A. Hearing and First Reading of Ordinance No. 83, 1986, Transferring $40,000 from the Oak Park Residential Project Fund to Fund Development of a Downtown Neighborhood Plan. B. Hearing and First Reading of Ordinance No. 84, 1986, Transferring $15,000 from the Hotel Feasibility Study to Fund Design Competition. The DDA Board of Directors in a unanimous vote approved the development of a Downtown Neighborhood Plan and recommended that City Council transfer $40,000 for said plan. They also, in a unanimous vote, approved conducting a design competition for the property located at 185 North College and recommended that City Council transfer $15,000 to fund said competition. The provisions in the Model Trafffc'Codewith regard to the authority to impound vehicles and the dispos'al of abandoned vehicles reference sections of the State statutes which have been repealed in an Act which becomes effective on July 1, 1986. Consequently, it is necessary to amend the Model Traffic Code to refer to the new statutory provisions with regard to this subject. The proposed ordinance also amends the Code provisions to allow the immobilization of vehicles found on public property in addition to those found on the streets and clarifies the right of the vehicle owner to a post -immobilization hearing. -341- ' 16. May 20, 1986 The Developers of the Parkwood East Patio Homes P.U.D., are requesting the vacation of easements dedicated on previous plats of the site. The easements were originally dedicated on the plats of Parkwood East Subdivision, Parkwood East Second Filing and Second Replat of Parkwood East Second Filing. The site has been approved by the Planning and Zoning Board and was replatted again as Parkwood East Patio Homes P.U.D. on March 24, 1986. All utilities have been contacted and indicate no problems with the vacation. 17. Items Relating to The Shores Office Park P.U.D. A. Hearing and First Reading of Ordinance No. 82, 1986, Vacating the Access Portion of an Access and Utility Easement Located at the Shores Office Park P.U.D. B. Acceptance of dedication of a new access easement. ' The developers of the Shores Office Park are requesting the vacation of an access and utility easement on their site. They have revised the location of the buildings on the southern portion and have provided an alternate location for this access and utility easement by submitting a fully executed easement dedication. The approved utility drawing indicates a 6" water main in this easement. Staff recommends vacating the access easement, and retaining the utility easement. All utilities have been contacted and the City Water Department and Mountain Bell lines will be retained in the easement. !E� This resolution approves contracts with the Burlington Northern Railroad for crossing improvements on East Prospect Road. These improvements will include warning lights, gates, and a rubberized crossing surface. The total'cdst of the'improvements is $100,455. Of that total, $32,428.50 will be'.'paid from,the Timberline and Prospect Intersection Project, and the remaining.:E68,026.50 will be paid as part of a federal aid project for railroad crossing safety improvements. This work is being done as part of the Timberline and ' Prospect Intersection Reconstruction Project. -342- 19. 20. 21. 22. May 20, 1986 Transfort is -seeking a grant in the amount of $383,915 from Section 9 of the Urban Mass Transportation Act of 1964, as amended,, to provide operating assistance for Calendar Year 1986 for Transfort and Care -A -Van; and capital purchase of two bus passenger shelters, including freight and installation charges. It has been determined that FY83 Section 9A Formula Funds in the amount of $9,000.00 which are available to Transfort, will not be programmed. Transfort is requesting authorization to transfer these unused capital funds to the State of Colorado for redistribution within the state before they lapse. UMTA has designated the Governor of the State of Colorado as the Administrator of Section 9A Formula Funds. Colorado Department of Highways requires local council action in order to effect legal transfer. In 1974, the City entered into an agreement with the State Board of Agriculture concerning the furnishing of water and sewer service by the City to Colorado State University. Since that time, the agreement has been amended numerous times for the purpose of adjusting the service fees the City charges CSU for water and sewer service. Percentage rate adjustments for CSU correspond to the rate adjustments experienced by all other customers served by the City Water and Sewer Utilities. The amendment also includes charges for replacing existing meters with larger meters at the Foothills Campus. Rate adjustments for CSU are made effective July 1st of each year to accommodate their budgeting cycle. This is a request to waive the one -sixth contiguity to existing development requirement and public sewer requirement for Dry Creek Storage PUD. Robert Whipkey is the land owner and developer. The proposed PUD consists of outdoor storage for boats and autos and an office/residence on 4.9615 acres. The site is located southwest of Highway 287 and Terry Lake and 1/2 mile north of Willox Lane. 1 -343- 23. 24. 25. May 20, 1986 Last November, the Cultural Resources Board asked the Parks and Recreation Board for conceptual support to name more indicative to the location of th Board agreed. The Cultural Resources Board possible new names and recommended three to Board for approval. After much discussion, Board chose the alternate name of "Old Fort the new name for Riverside Park. Roads Project. e rename Riverside Park to a original fort site. The then considered dozens of the Parks and Recreation the Parks and Recreation Collins Heritage Park" as Staff has been unable to reach an agreement with Thelma Bartels for the purchase of the right-of-way required for the widening of County Road 52 in conjunction with the Anheuser-Busch Perimeter Roads construction. The immediate possession of the ROW is necessary for the construction of the project to begin this summer and to complete the perimeter roads by the November 1987 deadline according to the terms of the A-B Master Agreement. Staff is recommending to Council the adoption of a resolution initiating acquisition by Eminent Domain Proceedings. 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 then requested the item be further tabled to March 4. At that time the item was again tabled to April 1, and subsequently tabled again to May 20, 1986. Tabling again to June 3 is now requested because the companion Foothills Residential Zoning District has not yet been considered by the Planning and Zoning Board, but is scheduled for May 19, 1986. 26. Routine Deeds and Easements. a. Easement Agreement with WaTt'er and Dorothy Beckley for Trend -Cedar Village Outfall. Consideration - $10 b. Agreement for Wireline Crossing Permit from Burlington -Northern Railroad at Cherry and Mason Streets. Consideration - $450. -344- May 20, 1986 c. Easements for Street Right -of -Way and Utility Construction in the South Lemay Special Improvement District #86: Consideration None. 1) Lutheran Church - Missouri Synod Foundation 2) Fossil Creek Meadows Development Group 3) MSP Investment Co. 4) Dueck Colorado Properties, Ltd. 5) Donald H. McKendry Ordinances on Second Reading were read by title by Molly Davis, Deputy City Clerk. Item #4. A. Second Readinq of Ordinance No. 50. 1986. Annexina B. Item #5. A. B. Item #6. Item V . Secom Parkl Park. Item #8. Se o Unant Item #9. SeM Utili Item #10. Secom in Lo Item #11. -345- May 20, 1986 Item #12. Second Reading of Ordinance No. 60 1986 Amending Certain Provisions of the Code of the City of Fort Collins Regarding Littering and the Distribution of Handbills Ordinances on First Reading were read by title by Molly Davis, Deputy City Clerk. Item #13A. ■ Hearing and First Reading of Ordinance No 61 1986 Annexing Approximately 4 Acres Known as the Springfield Annexation No 2. ■ Hearing and First Reading of Ordinance No 62 1986 Zoning Approximately 4 Acres of Property Known as the Springfield Annexation No. 2, into the R-L Low Density Residential Zoning District. Item #13B. ■ Hearing and First Reading of Ordinance No 63 1986 Annexing Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation. ■ Hearing and First Reading of Ordinance No 64 1986 Zoning Approximately 38.47 Acres of Prooertv Known as the Skyline Acres Annexation, into the R-E. Estate Residential Zoning ' District. Item #13C. ■ Hearing and First Reading of Ordinance No 65 1986 Annexing .Aporoximately 3 Acres of Prooertv Known as the Chadwick Annexation. ■ Hearing and First Reading of Ordinance No 66 1986 Zoning Approximately 3 Acres of Property Known as the Chadwick Annexation, into the R-E. Estate Residential Zoning District. Item #13D. ■ Hearing and First Reading of Ordinance No 67 1986 Annexing Approximately 1.434 Acres of property Known as the Western Area Power Administration Annexation. ■ Hearing and First Reading of Ordinance No 68 1986 Zoning Approximately 1.434 Acres of Property, Known as the Western Area Power- Administration Annexation, into the R-L-P Low Density Planned Residential Zoning District Item #13E. ■ ' ■ Hearing and First Reading of Ordinance No 70 1986 Zoning Approximately 5.025 Acres of Prooertv Known as the Wickes Annexation, into the H-B. Highway Business Zoning District -346- May 20, 1986 I� L Item #13F. ■ ■ Hearing and First Reading of Ordinance No. 72, 1986, Zoning Aooroximately 9.48 Acres of Property, Known as the Concrete Products Company Annexation, into the B-P. Planned Business, Zoning District. Item #13G. ■ Hearing and First Reading of Ordinance No. 73, 1986, Annexing Aooroximately .801 Acres of Property Known as the Mountain View Animal Hospital Annexation. ■ Hearing and First Reading of Ordinance No. 74, 1986, Zoning Approximately .801 Acres of Prooerty. Known as the Mountain View Animal Hospital Annexation, into the R-L-P. Low Density Planned Residential, Zoning District. Item #13H. ■ ■ Hearing and First Reading of Ordinance No 76 1986 Zoning ft Droximately 4.289 Acres. Known as the Thomas Annexation,I into the R-L-P. Low Density Planned Residential Zoning District. Item #13I. ■ ■ Hearing and First Reading of Ordinance No 78 1986 Zoning Approximately .862 Acres. Known as the Webster Annexation, into the R-P, Planned Residential, Zoning District. Item #15. Hearing and First Reading of Ordinance No. 80. 1986, Amending the Model Traffic Code with Regard to the Procedure for Removal Storage and Disposal of Abandoned and Illegally Parked Motor Vehicles. Item #16. Hearing and First Reading of Ordinance No. 81, 1986, Vacating All Easements for Parkwood East Subdivision' Parkwood East Second Filing. and Second Replat',of Parkwood East Second Filing Item #17. A. Hearing and First Reading of Ordinance No 82 1986 Vacating The Access Portion of an Access and Utility Easement Located at the Shores Office Park P.U.D. Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt and approve all items not removed from the Consent Calendar. Yeas: , Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. `Nays: None. -347- May 20, 1986 THE MOTION CARRIED. Chief Planner Ken Waido noted that Mr. Ray Griffin had been out of the Council Chambers when items were removed from the Consent Calendar, and that Mr. Griffin wished to request that Item #13B, Ordinances Relating to the Annexation and Zoning of Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation, be removed from the Consent Calendar. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to reconsider Item #13B, Ordinances Relating to the Annexation of Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation. Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to table the item until later in the meeting. Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. ' Ordinances Related to the Annexation and Zoning of Approximately 4 Acres of Property Known as the Springfield Annexation No. 2. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 61, 1986, Annexing Approximately 4 Acres Known as the Springfield Annexation No. 2. B. Hearing _and First Reading of Ordinance No. 62, 1986, Zoning Approximately 4 Acres of Property, Known as the Springfield Annexation No. 2, into the R-L, Low Density Residential, Zoning District. This is a City initiated request to annex and zone approximately 4 acres of property containing a church, located east of South Shields Street and about one-half mile south' of West,Horsetooth Road, which is presently an enclave of county area,c6mpletely,;surrounded by incorporated area of the City of Fort Collins. _;The requested zoning is the R-L, Low Density Residential, Zoning District. The.property owner has several concerns related to the zoning of the property and increased taxes and fees which ' would have to be paid after the property has been annexed. -348- May 20, 1986 ' Background OWNER: Stoneybrook North Inc. 1407 South College Avenue Fort Collins, CO This area is a county enclave. The following annexations to the City of Fort Collins created the enclave: North: West Horsetooth Annexation, October 1978 East: West Horsetooth Annexation, October 1978 South: Springfield Annexation, April 1981 West: Horsetooth-Harmony West Annexation, June 1980 This property has, thus, been eligible for involuntary annexation since June of 1984. On January 29, 1986, staff sent a letter to the property owner informing him of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. Staff subsequently talked with the property owner on the telephone and personally met with the owner about the annexation. At staff's request, the property ' owner submitted a letter outlining his concerns with the annexation (letter dated February 26, 1986, copy attached). The major concerns of the property owner included the requested R-L zone; the cost of City utilities and fees; and future development improvements, costs, and fees. Staff has responded to the property owner's concerns (letter dated March 12, 1986, copy attached). Implications of Annexation The property owner outlined several utility questions in his letter on February 26, 1986. The Fort Collins -Loveland Water District provides water service to this property at the present time. This service will remain until the property redevelops or the current use needs a larger service. The present. -use is on a septic tank. The septic tank can remain after annexation as long as it is in good working condition. City sewer service is available about 10 feet north of the property. Redevelopment of the property could cause a change to water service.,and type of sewer. The potential cost of these utilities were addressed,iin'staff's letter to the property owner. Zoning The requested zone for this annexation is the R-L, Low Density Residential, Zoning District. The R-L district designation is for low density residential areas, located throughout the city. The present use on the ' property is a church. This use would become a legal conforming use under the R-L zone. The area is surrounded by property zoned in the R-L and R-L-P zones. -349- ' May 20, 1986 Perhaps, the property owner's greatest concern with the annexation of this property is the proposed R-L zoning designation. The present County zoning on the property is the 0, Open District. The property owner feels the R-L classification to be a down -zoning of the property and requests the property be placed into the B-L, Limited Business, Zoning District. Within the 0, Open District, there are 13 listed uses -by -right and 23 uses permitted by special review. Upon close examination of these uses, several of the uses -by -right could not logically be placed on this property, which is approximately only 4 acres in size. Specifically, uses such as, farm and garden buildings and uses, including the raising of crops, livestock, poultry, and similar farm uses; golf courses and country clubs; stands for the sale of agricultural products produced on the premises; green houses, turf and sod farms, and nurseries; cemeteries; livestock auction facilities; and guest ranches, resort lodges, and resort cabins but not including hotels and motels, would have a difficult, if not impossible, time fitting on the property. In addition, staff feels that none of the 23 uses permitted by special review could logically be placed on the property. These special review uses include such things as shooting ranges; airports and heliports; sawmills and lumber preparation facilities; automobile wrecking yards; fertilizer manufacturing; and dragstrips and raceways. ' Staff feels the B-L zone at this location cannot be supported by the City's Comprehensive Plan. Policy #67 of the LAND USE POLICIES PLAN states: "Only neighborhood scale service centers will be allowed in residential neighborhoods." A neighborhood service center is defined as a commercial area approximately 15-20 acres in size designed to provide 150,000-175,000 square feet of neighborhood oriented goods and services. Such a neighborhood service center has been approved across the street from this property as part of the Pine View PUD Master Plan. In addition to Policy #67 statements from the City's GOALS AND OBJECTIVES document indicate the City should discourage strip commercial development throughout the city and particularly along arterial streets and highways. Staff does not feel the R-L zoning limits potential non-residential uses on the property. One of the listed uses -by -right in the R-L zone is any use located on .-a planned unit development plan as defined, processed and approved through the LAND DEVELOPMENT GUIDANCE SYSTEM. Given a satisfactory site design and successful review by other criteria in the LOGS, the property could be redeveloped to uses which are not permitted as uses -by -right in the 0, Open District. From this perspective then, the zoning of the property into the R-L zone is not a down -zoning of the property but an up -zoning of the property. Findings 1. The annexation of this area as a county enclave is consistent with the ' policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. -350- May 20, 1986 ' 2. The area meets all criteria included in State law to qualify for a county enclave eligible for involuntary annexation by the City of Fort Collins. 3. The R-L zoning district is in conformance with the City's Comprehensive Plan. Recommendation Staff recommends approval of the annexation and requested zoning. Planning and Zoninq Board Recommendation At their regular monthly meeting on March 24, 1986, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and requested R-L zone. A copy of the Board's minutes is attached." Chief Planner Ken Waido made a brief presentation concerning the proposed enclave annexation and the recommended zoning. Councilmember Rutstein made a motion, seconded by Councilmember Estrada, to adopt Ordinance No. 61, 1986 annexing the property on First Reading. ' Marc Middel, 4740 Venturi, the property owner, commented that additional capital improvements would be required by the City and additional City fees would result from annexation. He questioned whether annexation would ensure additional services. Councilmember Stoner noted that the property receives benefits from the City even now, that the UGA Agreement governs development in the County, and that most City fees resulting from annexation would depend on the property being redeveloped. Chief Planner Ken Waido noted the current benefits from City services and the impact of the property on the City. Councilmember Rutstein commented that the property has been an enclave for three years and it'should.be^annexed. Mayor Ohlson pointed out the -requirements of the UGA Agreement concerning annexation. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 61, 1986 on First Reading was as follows: Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. THE MOTION CARRIED. ' Councilmember Rutstein made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 62, 1986 on First Reading. -351- May 20, 1986 Chief Planner Ken Waido spoke about the recommended R-L zoning and stated that the PUD process could be followed for redevelopment on the property. Councilmember Stoner suggested B-P zoning might be more appropriate, and questioned why the Planning and Zoning Board recommendation was unanimous for R-L zoning. Councilmember Rutstein spoke in favor of R-L zoning. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 62, 1985 on First Reading was as follows: Yeas: Councilmembers April, Estrada, Horak, Ohlson, and Rutstein. Nays: Councilmember Stoner. THE MOTION CARRIED. Ordinances Relating to the Annexation of Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation. Adopted on First Reading Following is staff's memorandum on this item: "Executive Summary A. Hearing and First Reading of Ordinance No. 63, 1986, Annexing Approximately 38.47 Acres of Property Known as the Skyline Acres Annexation. B. Hearing and First Reading of Ordinance No. 64, 1986, Zoning Approximately 38.47 Acres of Property, Known as the Skyline Acres Annexation, into the R-E, Estate Residential, Zoning District. This is a City initiated request to annex and zone approximately 38.47 acres of property, the Skyline Acres Subdivision containing 19 single-family dwellings, located west of South Shields Street and south of West Horsetooth Road, which is presently an enclave of county area completely surrounded by incorporated area of the City of Fort Collins. The requested zoning is the R-E, Estate Residential, Zoning District. Background OWNERS: Melvin Bettger Gladys Warren 3603 Richmond 3 Martin Lane Fort Collins, CO Englewood, CO ' William Marlatt Clarence Zollner 3611 Richmond 3614 Richmond Fort Collins, CO Fort Collins, CO -352- May 20, 1986 Leon Spors William Trippel 3621 Richmond 3622 Richmond Fort Collins, -CO Fort Collins, Co Harold Dupper Thaine Michie 3641 Richmond 3642 Richmond Fort Collins, CO Fort Collins, Co Nelvin Joberg Howard Enos 3701 Richmond 3704 Richmond Fort Collins, CO Fort Collins, CO Mae Lee Dwain Howell 3711 Richmond 3712 Richmond Fort Collins, CO Fort Collins, CO James Fugate Ray Griffin 3805 Richmond 3804 Richmond Fort Collins, CO Fort Collins, CO Marvin Bollman Walter Foster 3813 Richmond 3812 Richmond Fort Collins, CO Fort Collins, CO Larry Ekblad Harry Gorman ' 3821 Richmond 3630 Richmond Fort Collins, CO Fort Collins, CO This area is a county enclave. The following annexations to the City of Fort Collins created the enclave: North: Werner Annexation, April 1980 East: West Horsetooth Annexation, October 1978 South: Horsetooth-Harmony West Annexation, June 1980 West: Horsetooth-Harmony West Annexation, June 1980 This area has, thus, been eligible for involuntary annexation since June of 1983. On January 29, 1986, staff sent a letter to all property owners informing them of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. Staff has subsequently talked''wi'ih several,, property owners on the telephone about the annexation. At the;' March Planning and Zoning Board meeting several residents of Skyline Acres asked additional questions in regards to the annexation. Staff responded to the questions in a letter of May 6, 1986 (copy attached). Implications of Annexation I At the present time the Fort Collins -Loveland Water, District serves all homes in the subdivision. City sewer is not available at this time. -353- I May 20, 1986 Zoning The requested zone for this area is the R-E, Estate Residential, Zoning District. The R-E district designation is for low density residential areas usually located in outlying areas. The present use of the property is 19 large lot (typically 1.75 acres in size) single-family dwellings, the Skyline Acres Subdivision. The existing use of the property is not expected to change in the near future. The City's Comprehensive Plan includes direction to provide housing for a wide variety of housing types and densities. The City's R-E zone will allow the current uses to remain as legal conforming uses. Several property owners contacted staff by telephone indicating their desire to maintain large lot single-family residences and requested a zoning designation which would allow for the continuance of that life style. The property owners also desire to keep horses on their property, which is an allowable use in the R-E zone. Staff sees no problems in zoning the property into the R-E zone and feels the zoning would be in conformance with the City's Comprehensive Plan given the use of the property at this time. ' Findings 1. The annexation of this area as a county enclave is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a county enclave eligible for involuntary annexation by the City of Fort Collins. 3. The R-E zoning district is in conformance with the City's Comprehensive Plan. Recommendation Staff recommends approval of the annexation and requested zoning. Planning and Zoning Board Recommendation At their regular monthly meeting of March 24, 1986, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation and the requested R-E zone. A copy of the Board's minutes is attached." ' Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 63, 1986 on First Reading'. Chief Planner Ken Waido gave a brief presentation on the proposed enclave annexation. -354- := I May 20, 1986 ' Ray Griffin, 3804 Richmond Drive, commented that he would not be able to use electrified or barbed wire fences if the property is annexed. He expressed concerns about property values, tax increases, and possible assessments for improvements to Shields Street. Mayor Ohlson asked whether the existing fences would be allowed to remain after annexation. City Attorney Huisjen replied that existing land uses may continue, but such fences may have to be removed for health and safety reasons. He stated that staff would review the fence issue prior to Second Reading of the annexation ordinances. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 63, 1986 on First Reading was as follows: Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Ordinance No. 64, 1986 on First Reading. Chief Planner Ken Waido gave a brief presentation on the recommended R-E I zoning. The vote on Councilmember Rutstein's motion to adopt Ordinance No. 64, 1986 on First Reading was as follows: Yeas: Councilmembers April_, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. Resolution Authorizing the Filing and Execution of an UMTA Section 9 Operating Assistance and Capital Grant for Transfort. Adopted Following is staff's memorandum on this item: "Executive Summary Transfort is seeking a grant in the amount of $383,915 from Section 9 of the Urban Mass Transportation Act of 1964, as amended,, to provide operating assistance for Calendar Year 1986 for Transfort and Care -A -Van; and capital purchase of two bus passenger shelters, including freight and installation charges. -355- i May 20, 1986 Background Operating Assistance Transfort's operating assistance proposal includes its 1986 budget projections and requests that 50% of the eligible operating deficit (expenses less revenues) be reimbursed. The budget estimates are as follows: Transfort Care -A -Van Total Operating Expense $830,727 $116,728 $947,455 Less Farebox and Other Revenues 192,264 -0- 192,264 Net Project Cost $638,463 $116,728 $755,191 City Transfort Match $319,232 -0- $319,232 Care -A -Van Match -0- 58,364 58,364 UMTA Section 9 Request 319,231 58,364 377,595 (50% operating deficit) $638,463 $116,728 $755,191 Capital Two Bus Passenger Shelters The Transfort bus system currently has six shelters in place, and one previously purchased shelter to be installed in the summer of 1986. This grant proposal requests two additional shelters to be installed at high ridership locations. The cost of two shelters, including freight and installation is $7900. Local matching funds will come from capital outlay in the existing 1986 budget. Summary Shown below is the amount requested for reimbursement from UMTA Section 9, the City's commitment in matching funds, and Care-Van's matching funds. o Operating Assistance o Capital - Bus Shelters ($7900) UMTA $377,595 6,320 (80%) $383,915 City Care -A -Van $319,232 $58,364 1,580 (20%) $320,812 $58,364 " Councilmember Rutstein made a motion, seconded by Councilmember Stoner, to adopt Resolution 86-83. -356- May 20, 1986 ' Bruce Lockhart, 2500 East Harmony Road, spoke against expanding Transfort services or adding capital equipment, because of possible cutbacks in federal subsidies. Councilmember Stoner stated that budgetary decisions can be made if federal funding is cut, and that the City should use federal funding as long as it is available. The vote on Councilmember Rutstein's motion to adopt Resolution 86-83 was as follows: Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. City Attorney's Report City Attorney Huisjen noted that under the handbill ordinance, handbills may be left on doors, but the City's Green River Ordinance prohibits knocking on doors to leave a handbill. City Manager's Report I City Manager Burkett introduced Tom Peterson, the City's new Planning Director. City Manager Burkett reported the 1987 budget process has begun, and the Finance Committee would be meeting on May 21. Citizen Participation A. Proclamation Naming the month of May as ABWA Education Month was accepted by Terri Mulford, President of the local ABWA group. B. Proclamation Naming May 18-24 as Public Works Week was accepted by Rita Davis of the Public Works Department. C. Proclamation Naming May 19-25 as Hunger and Homelessness Awareness Week was accepted by Steve Barbier of Neighbor -to -Neighbor, and Jim Aldrich of Catholic Community Services. Councilmember Stoner presented Mr. Aldrich with a $40 donation, which was raised by"participants in the City Challenge Ski Race. D. Presentation of plaque from Humane Society of Fort Collins for I construction of Martinez Park Farm. -357- May 20, 1986 1 Dana Hiatt, President of the Humane Society, presented a plaque to Farm Program Coordinator Claudia Wingfield, and a certificate of apprecia- tion to the Council in recognition of the excellence of the Farm. Barbara Allison, 1212 Lynnwood Drive, spoke concerning the resignation of Councilmember John Knezovich. She also spoke concerning the Transportation Utility Fee and suggested funds not be expended until the court case is settled. Councilmember Horak noted that Transportation Utility Fee funds collected are expended to maintain streets as intended. Resolution Authorizing the City Manager to Execute a Consent Agreement for Airuor Following is staff's memorandum on this item: "Executive Summary ' Passage of this Resolution would provide the consent of the City of Fort Collins to the annexation of the Fort Collins -Loveland Airport to the City of Loveland. The consent of the City of Fort Collins is required for this annexation to satisfy the requirements of the statutes of the State of Colorado. Background Loveland has included the Fort Collins -Loveland Airport and surrounding property as a part of its urban growth area. It is the intention of Loveland to annex property surrounding the Airport to the City of Loveland and to provide municipal services to the extent possible. Loveland has proposed for consideration three different annexation scenarios: (1) an alternative which involves the annexation of a thin strip of land around a portion of the perimeter of the Airport property to allow other properties contiguous to the Airport to annex to the City of Loveland, without inclusion of the Airport development area or operations area, (2) an alternative wherein the Airport property would be annexed with the exception of the runway, taxiways and FBO facilities and the immediate operations area, (3) an alternative wherein the total Airport area is annexed to the City of Loveland, an alternative favored by the Loveland City Council. Alternative #3 is recommended by the City Manager so that .annexation of the ' Airport is complete. Under this annexation proposal, the•City of Loveland would provide services to the entire Airport property, including police and electric. This consolidation of services would result in less jurisdictional confusion. Provision of electricity by the City of Loveland &Ifle May 20, 1986 ' should result in lower operational costs for the Airport and the Fixed Base Operator. Upon annexation of the Airport to the City of Loveland, the Airport would be subject to taxation by the City of Loveland, land use regulation and control. Revenues obtained by Loveland would be used to offset the cost of providing municipal services by Loveland to the Airport property. As the Airport property, develops its industrial park, Fort Collins' debt service payments will be reduced as a result of increased lease revenues. Staff is suggesting that, in the long term, the Airport should logically become the responsibility of the City of Loveland, especially after it gets included in the corporate boundary of Loveland. The draft agreement in the attached packet from Jan Winters further indicates that Loveland will take the lead in studying the manner in which the transaction could take place. The City of Fort Collins has made a strong financial contribution to the Airport already as we realize there are regional benefits to this type of facility. However, we believe future contributions should be minimized as the majority of the benefit will accrue to Loveland." Councilmember Stoner made a motion, seconded by Councilmember Rutstein, to adopt Resolution 86-89. ' City Attorney Huisjen stated that the City's consent is required for this annexation. He noted that the form of the agreement is still under negotiation. Jan Winters, Loveland City Manager, summarized the City services that would be provided by Loveland if the property is annexed. He also briefly discussed plans for other annexations near the airport. Councilmember Rutstein expressed concerns about development of land east of I-25. . Barbara Allison, 1212 Lynnwood Drive, asked what benefit Fort Collins would receive from this annexation and about the impact on existing airport financing. Councilmember Stoner stated that annexation would increase the marketability of the land and the property would receive Loveland City services. He noted that existing bond obligations would continue to be met by both cities. Councilmember April supported the annexation as an incentive for future development at the airport to pay the existing debt. The vote on Councilmember Stoner's motion to`adopt Resolution 86-89 was as ' follows: Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. THE MOTION CARRIED. -359- May 20, 1986 Councilmembers' Reports Councilmember Rutstein reported on the meeting on the Thornton water issue, which was the first step in working on the issue. Councilmember Horak commended staff for their effort on the Thornton water meeting. Mayor Ohlson reported that the state hazardous materials legislation had passed, and the Governor's veto is anticipated. Other Business Mayor Ohlson requested Council input on the selection process for the District 2 Councilmember, noting that one of the applicants would not be in town for an interview on May 27. The consensus was to hold a 15-minute public interview for each of the applicants on May 27. The Deputy City Clerk was directed to coordinate an interview time for the applicant who would not be available on May 27 and to provide the media with at least 24 hours notice of the special interview time. Adjournment Councilmember Rutstein made a motion, seconded by Councilmember April, to adjourn the meeting to May 27 at 5:00 p.m. Yeas: Councilmembers April, Estrada, Horak, Ohlson, Rutstein, and Stoner. Nays: None. The meeting adjourned at 8:20 p.m. • Mayor -360-