HomeMy WebLinkAboutFOSSIL CREEK 392 - ANNEXATION & ZONING - FIRST READING - 32-09 - AGENDA - CORRESPONDENCE-HEARINGPAGE 7
22. Pulled Consent Items.
23. Other Business.
24. Adjournment.
Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business
commenced before 10:30 p.m. maybe concluded before the meeting is adjourned and (2) the City
Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of
considering additional items of business. Any matter which has been commenced and is still
pending at the conclusion of the Council meeting, and all matters scheduled for consideration at
the meeting which have not yet been considered by the Council, will be continued to the next
regular Council meeting and will be placed first on the discussion agenda for such meeting.
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19. First Reading of Ordinance No. 138, 2009, Amending Section 4 of the City Code Relating to Animals.
Particularly Dogs. (staff: Teresa.Ablao, Jim Szakmeister, Captain Bill Porter, Humane Society;
minute staff presentation; minute discussion)
The proposed changes to the animal provisions of the City Code are primarily intended to better identify
and define behaviors associated with dangerous and vicious animals and specify more appropriate
alternatives for dealing with such animals. Thus, the revisions set forth a number of requirements
regarding the impounding and disposition of animals found to be dangerous or vicious. These
provisions also provide a broader range of conditions that a judge may order in order for animal owners
to keep an animal found to be dangerous or vicious as an alternative to surrendering the animal for
euthanasia or removing it from the jurisdiction. In addition, the proposed revisions address the proper
method of tethering animals.
20. Items Relating to the Fossil Creek 392 Annexation and Zoning. (staff: Steve Olt; minute staff
presentation; minute discussion)
A. Resolution 2009-113 Setting Forth Findings of Fact and Determinations Regarding the Fossil
Creek 392 Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 139, 2009, Annexing Property Known as the Fossil
Creek 392 Annexation to the City.
C. Hearing and First Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392
Annexation to the City.
This is a request to annex and zone 28 acres located on the south side of Carpenter Road (SH 392),
at the southwest corner of Interstate 25 & Carpenter Road. The property is undeveloped and is in the
AP - Airport District in Larimer County. The requested zoning for this annexation is C - Commercial.
Staff is recommending that this property not be included in the Residential Neighborhood Sign District.
A map amendment will be necessary to place this property on the Residential Neighborhood Sign
District Map as an "Area Not in the Sign District". The "Residential Neighborhood Sign District" was
established for the purpose of regulating signs for nonresidential uses in certain geographical areas
of the City which may be particularly affected by such signs because of their predominantly residential
use and character. The subject property is in an identified commercial corridor along 1-25, with the
closest predominantly residential uses approximately 1,000 feet to the west.
21. Resolution 2009-114 Making an Appointment to the Planning and Zoning Board. (staff: Wanda
Krajicek; no staff presentation; minute discussion)
A vacancy currently exists on the Planning and Zoning Board due to the expiration of term of Ruth
Rollins who did not reapply.
Councilmembers Poppaw and Troxell conducted interviews but did not agree on a recommendation
for the Planning and Zoning Board. The Council interview team wishes to submit two names (John
Hatfield and Daniel Lenskold, Sr.) for Council's consideration for that position.
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the application for Determination of Vested Rights should be granted. The proposed resolution would
formalize the determination of vested rights.
15. Resolution 2009-112 Making Appointments to Various Boards. Commissions. and Authorities of the
City of Fort Collins.
Vacancies currently exist on various boards, commissions, and authorities due to resignations of
board members and the expiration of terms of current members. Applications were solicited during
September and Council teams interviewed applicants during October and November. This Resolution
appoints boardmembers to fill current vacancies and term expirations.
END CONSENT
16. Consent Calendar Follow-up.
a. This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
17. Staff Reports.
18. Councilmember Reports.
The method of debate for discussion items is as follows:
• Mayor introduces the item number, and subject; asks if formal presentation will be made
by staff
• Staff presentation (optional)
• Mayor requests citizen comment on the item (five minute limit for each citizen)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all
citizens have an opportunity to speak. Please sign in at the table in the back of the room. The
timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the
end of the speaker's time.
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Letter. Authorization from City Council is needed prior to sending this information to property owners.
This letter is the first official step in the acquisition phase, which must occur prior to the appraisals.
Given the recommended construction schedule for the Project and the fact that acquisitions must be
conducted under procedures for federally funded projects, timely acquisition fo the property interests
is necessary. Therefore, staff requests authorization to utilize eminent domain for the MAX Project,
if necessary, and only if good faith negotiations break down. This Ordinance, unanimously adopted
on First Reading on December 1, 2009, authorizes the use of eminent domain for the MAX Project.
11. Second Reading of Ordinance No. 135, 2009, Appropriating Prior Years Reserves in the Capital
Projects Fund and Authorizing the Transfer of Appropriated Amounts Between Funds for a
Commercial Redevelopment Study for the Midtown Commercial Corridor Area.
Council directed staff to prepare a redevelopment studyfor the Midtown Commercial Corridor at the
June 9, 2009 Work Session. Staff solicited requests for proposal, resulting in 18 responses from
across the nation. Five finalists were interviewed by a selection committee of Economic Health,
Advanced Planning, and Current Planning staff. The selection committee, using the City's purchasing
process, selected a team led by ELS Architecture and Urban Design, supported by Economic and
Planning Systems and Warren Wilson. The Ordinance, unanimously adopted on First Reading on
December 1, 2009, appropriates residual funds from the capital project fund prior year reserves to
cover the cost of the Study and provide additional funds for implementation work.
12. First Reading of Ordinance No. 136, 2009, Amending Section 1-15 (g) of the City Code Relating to
General Penalties.
Currently, drivers of motor vehicles who can be assessed at least one (1) point on a moving violation
are required to pay an additional $35 traffic calming surcharge upon conviction. The City has
experienced a proliferation of bicycles and other nonmotorized users of the City's roadways. It is
recommended that bicyclists and other nonmotor vehicle operators who receive citations for what
would be considered moving violations if committed by an operator of a motor vehicle also be
required to pay the traffic calming surcharge. Examiples of violations where this surcharge would be
applicable are, but not limited to, driving on the wrong side of the road, failure to yield the right-of-way,
driving at night with no lighting, failure to stop for a red light, etc.
13. First Readinq of Ordinance No. 137,2009, Amending Section 24-96 of the City Code Regarding Snow
Emergencies.
This Ordinance amends the City Code Section 24-96 to provide the City Manager with the authority
to declare a snow emergency when conditions warrant. The current Code designates the City
Engineer as the official with the authority to declare a snow emergency.
14. Resolution 2009-111 Approving the Stipulated Determination of Vested Rights Between the City and
South Harmony, LLC.
D� South Harmony, LLC is the developer of Brookfield Subdivision and has completed much of the
project, but there remains about half of the dwelling units to be sold and constructed. The plan has
expired. Accordingly, South Harmony, LLC has filed an application for a Determination of Vested
Rights under Division 2.13 of the Land Use Code and the City Manager and City Attorney agree that
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December 1, 2009, appropriates a total of $3,400,000 in the Building on Basics (BOB), New Museum
Facility Project.
7. Second Reading of Ordinance No 131 2009 Amending Chapter 8 Article I of the City Code to
Establish the Budget Term for the City.
This Ordinance, unanimously adopted on First Reading on December 1, 2009, changes the next two-
year budget term and all future two-year terms of the City budget. The City Council has just adopted
the 2010-2011 City budget. With the adoption of this Ordinance, the next budget term will be 2011-
2012 and future two-year budget terms will begin in the odd -numbered years. The Budget process
will take place in the even -numbered years.
8. Second Reading of Ordinance No. 132 2009 Amending Chapter 14 of the City Code by Replacing
References to the Department of Advance Planning and the Director of Advance Planning to the
Department of Community Development and Neighborhood Services and the Director of Community
Development and Neighborhood Services.
This Ordinance, unanimously adopted on First Reading on December 1, 2009, amends Chapter 14
of the City Code to replace references to the Department of Advance Planning and Director of
Advance Planning to the Department of Community Development and Neighborhood Services and
the Director of Community Development and Neighborhood Services.
9. Second Reading of Ordinance No. 133, 2009, Vacating a Portion of the Harmony Road Right -of -Way
as Originally Dedicated by the Larimer Countv Road Viewers Report
This Ordinance, unanimously adopted on First Reading on December 1, 2009, vacates an unused
section of right-of-wayon Harmony Road, adjacent to the Harmony Ridge Subdivision, east of Seneca
Street. The Harmony Ridge Subdivision Home Owners Association (HOA) has requested this section
of unused right-of-way be vacated back to Harmony Ridge for the purpose of landscape
improvements by the Harmony Ridge HOA. Once vacated, the Harmony Ridge HOA will accept all
responsibility for maintenance of the property and all improvements to the property will be governed
by the City Land Use Code requirements. A blanket utility easement will be reserved for maintenance
of existing utilities.
10. Second Reading of Ordinance No. 134 2009 Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason
Corridor Bus Rapid Transit Project (Phase Three).
The Mason Express ("MAX"), bus rapid transit project is currently within the right-of-way acquisition
phase of the project. Project acquisitions have been broken into four phases, with the possibility of
additional phases as needed. This Ordinance pertains to the third phase (Phase Three) and consists
of six distinct property ownerships. Phases 1 and II were previously adopted by City Council earlier
this year, and acquisitions for these phases are currently underway.
As a federallyfunded transportation project, acquisitions will conform to the provisions of the Uniform
Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law
91-646). In accordance with this act, property owners must be informed about the possible use of
eminent domain and their rights pursuant to Colorado State Statute in the official Notice -of -Interest
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3. CITIZEN PARTICIPATION (limited to 30 minutes)
Individuals who wish to make comments regarding items scheduled on the Consent Calendar or
wish to address the Council on items not specifically scheduled on the agenda must first be
recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the
back of the room. The timer will buzz once when there are 30 seconds left and the light will turn
yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5
minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time
allowed for each individual.
• State your name and address for the record
• Applause, outbursts or other demonstrations by the audience is not allowed
• Keep comments brief; if available, provide a written copy of statement to City Clerk
• Address your comments to Council, not the audience.
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen
Participation.
5. AGENDA REVIEW: CITY MANAGER
The Consent Calendar consists of Items 6 through 15. This Calendar is intended to allow the City Council
to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of
the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items'pulled from the Consent Calendar will be considered
separately under Item No. 22, Pulled Consent Items. The Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
6. Second Reading of Ordinance No. 130, 2009, Appropriating Unanticipated Revenue in the Capital
Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility Project.
The Citywill receive $200,000 from the Energy and Mineral Assistance Program through the Colorado
Department of Local Affairs to facilitate the environmental site improvements for the Fort Collins
Museum and Discovery Science Center Joint Facility. The City will also receive $200,000 from the
Brownfields Revolving Loan Fund through the Colorado Housing and Finance Authority in support of
the environmental site cleanup for this project. A commitment of $3,000,000 was received from the
Downtown Development Authority supporting the construction of the new Fort Collins Museum and
Discovery Science Center Joint Facility. A Grant Agreement with the Downtown Development
Authority will be completed as required. The Ordinance, unanimously adopted on First Reading on
Doug Hutchinson, Mayor
Kelly Ohlson, District 5, Mayor Pro Tern
Ben Manvel, District 1
Lisa Poppaw, District 2
Aislinn Kottwitz, District 3
Wade Troxell, District 4
David Roy, District 6
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Krajicek, City Clerk
City Council Chambers
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
Cablecast on City Cable Channel 14
on the Comcast cable system
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and
will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for
assistance.
REGULAR MEETING
December 15, 2009
none.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
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