HomeMy WebLinkAbout221 W. PROSPECT REZONING - 25-04 - AGENDA - FIRST READINGPAGE 8
C. First Reading of Ordinance No. 174, 2004, Amending Chapter 26, Article VII,
Division 2 of the City Code Relating to Stormwater Fees.
D. First Reading of Ordinance No. 175, 2004, Amending Chapter 26, Article III,
Division 5, of the City Code Relating to the Raw Water Requirement for
Nonresidential Service.
E. First Reading of Ordinance No. 176, 2004, Amending Chapter 26, Article XII of the
City Code Relating to Budget Billing.
This item consists of five Ordinances establishing the Utilities rates for 2005. Overall, rates
for utility services are proposed to increase as follows:
Cost Per Avg
% Increase Household/Month
Wastewater 5.00% $ .85
Electric 4.35% $1.85
Stormwater 7.00% $1.00
26. Pulled Consent Items.
27. Other Business.
A. Motion to cancel the November 2, 2004 Council meeting.
28. Adjournment.
This meeting needs to be adjourned to October 26 to allow the Council to consider any
business that may come before the Council.
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
23. Consideration of the Appeal of the August 26, 2004, Determination of the Planning and
Zoning Board to Disapprove the CDOT Poudre River Rest Area Site Plan Advisory Review.
(1 hour - 10 minute staff presentation)
On August 26, 2004, the Planning and Zoning Board unanimously denied the CDOT Poudre
River Rest Area Site Plan Advisory Review request to construct a 3,300 gross square foot
rest area immediately south of the Colorado Welcome Center, near the intersection of
Prospect Road and the I-25 frontage road, 1/4 mile west of the I-25/Prospect interchange.
The property lies within two zone districts: RC — River Conservation and POL — Public
Open Lands.
On September 9, 2004, a Notice of Appeal was received by the City Clerk's office regarding
the decision of the Planning and Zoning Board. In the Notice of Appeal from the Appellant
Karla Harding, CDOT Region 4 Transportation Director, it is alleged that: "The Planning
and Zoning Board (the "Board") failed to properly interpret and apply relevant law and
failed to conduct a fair hearing."
24. Hearing and First Reading of Ordinance No. 171, 2004, Amending the Zoning Map of the
City of Fort Collins by Changing the Zoning Classification for that Certain Property Known
as the 221 West Prospect Road Rezoning. (45 minutes - 10 minute staff presentation)
This is a request to rezone Lot 10 of the Griffin Subdivision, which is located at the
southeast corner of West Prospect Road and Tamasag Drive and known as 221 West
Prospect Road. This parcel is 26,800 sq. ft. in size (0.62 acres) and is currently zoned E —
Employment. The proposed rezoning would rezone the property into the CC — Community
Commercial zone district. The parcel is designated as part of the Mason Street
Transportation Corridor and is identified as part of the Campus District on the City of Fort
Collins Structure Plan Map.
The 221 West Prospect Road rezoning was presented to the Planning and Zoning Board on
September 16, 2004. The Planning and Zoning Board recommended denial of the rezoning
request.
25. Items Relating to Utility Rates and Charges for 2005. (30 minutes - 10 minute staff
presentation)
A. First Reading of Ordinance No. 172, 2004, Amending Chapter 26, Article IV,
Division 4 of the City Code Relating to Wastewater Fees.
B. First Reading of Ordinance No. 173, 2004, Amending Chapter 26, Article VI,
Division 4 of the City Code Relating to Electric Rates and Charges.
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18. Resolution 2004-124 Adopting a Revenue Allocation Formula to Define the City of Fort
Collins' Contribution to the Poudre Fire Authority Budget for the Year 2005 for Operations
and Maintenance.
In December 1981, the Council entered into an agreement with the Poudre Valley Fire
Protection District, creating the Poudre Fire Authority ("PFA").
According to the Intergovernmental Agreement between the City of Fort Collins and the
Poudre Valley Fire Protection District, the City will contribute funding for maintenance and
operating costs to the Authority based on a Revenue Allocation Formula ("RAF"). The RAF
is to be set annually based upon a percentage of sales and use tax revenues (excluding
dedicated sales and use tax revenues that must be spent on specific projects) and a portion
of the operating mill levy of the City's property tax. Article X, Section 20 of the State
Constitution ("TABOR") limits the rate of growth to a combination of the Denver -Boulder -
Greeley Consumer Price Index and additions to the local property tax base primarily due to
construction and annexation. Although voters passed a ballot measure in November, 1997
allowing the City to retain excess revenues over the growth limits imposed by TABOR, the
RAF is still reviewed annually and proportionately reduced, when necessary, if City
revenues exceed the estimated annual percentage increase in revenues that the City would
be permitted to retain under TABOR.
19. Resolution 2004-125 Supporting the Ci 's Entry into the Great American Main Street
Awards Competition.
This Resolution states City Council's endorsement of the City's entry into the Main Street
Awards competition sponsored by the National Trust for Historic Preservation.
***END CONSENT***
20. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
21. Staff Reports.
22. Councilmember Reports.
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16. Items Pertaining to the College and Trilby Annexation.
A. Resolution 2004-122 Setting Forth Findings of Fact and Determinations Regarding
the College and Trilby Annexation.
B. Hearing and First Reading of Ordinance No. 169, 2004, Annexing 5.76 Acres,
Known as the College and Trilby Annexation.
C. Hearing and First Reading of Ordinance No. 170, 2004, Zoning 5.76 Acres, Known
as the College and Trilby Annexation, into the NC — Neighborhood Commercial
Zoning District.
This is a request to annex and zone 5.76 acres located at the northwest comer of State
Highway 287 (South College Avenue) and Trilby Road. The property is partially developed,
containing one vacant building and parking. There is an undeveloped building pad site on
the property. It is in the C — Commercial Zoning District in Larimer County. The requested
zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties
are currently zoned C - Commercial in Larimer County to the south and east and NC —
Neighborhood Commercial in the City to the west and the north. This is a 100% voluntary
annexation.
Staff is recommending that this property be excluded from the Residential Neighborhood
Sign District.
17. Resolution 2004-123 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Liebl Annexation.
The Liebl Annexation is a request to annex and zone 2.8 acres of land located along the east
side of Timberline Road, south of Kechter Road. The site contains an existing single family
residence and detached garage. The parcel is designated UE — Urban Estate on the Fort
Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The anticipated land use
is a bed and breakfast consistent with the design standards in the UE zone district. The parcel
is currently zoned FA1 - Farming in Larimer County.
The proposed Resolution states it is the City's intent to annex this property and directs that
the notice required by State Statutes be given of the Council's hearing to consider the
annexation ordinance. The public hearing for the annexation ordinance must occur no less
than 30 days and no greater than 60 days from adoption of the Resolution finding
compliance with State Statutes.
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13. First Reading of Ordinance No. 166, 2004, Appropriating Prior Year Use Tax Carryover
Reserves for the Manufacturing Equipment Use Tax Rebate Program. ,
In March 1996, Council approved a temporary rebate program for use taxes paid on
manufacturing equipment. The goal of the program is to maintain the local economic base
by providing modest tax relief to manufacturing concerns in Fort Collins. The program has
provided rebates to manufacturers for use taxes paid during the calendar years 1996 through
2001. The rebate program was discontinued for calendar year 2002 due to challenging
economic conditions. Council reinstated the program in January of 2004 for a two-year
period. Under the rebate program, the payments are made in arrears. This is a rebate of
taxes paid in 2003 and not a tax exemption. Six companies have filed applications this year
for a total of $265,000 in rebates. The source of funding for the rebate program is the sales
and use tax fund, specifically the use tax carry-over reserve.
14. First Reading of Ordinance No. 167, 2004, Adopting a Proposed District -Precinct Man.
This Ordinance adopts the District -Precinct Map for the 2005 regular municipal election for
the purposes of (1) determining the eligibility for District Council offices for the April 2005
election; (2) determining eligibility for any interim appointments to fill any District Council
vacancies which may occur after November 26, 2004; and (3) determining residency for
voting in any special municipal election conducted after November 26, 2004.
15. First Reading of Ordinance No. 168, 2004, Authorizing the Lease of the Natural Area
Located South of Fort Collins Jointly Owned by the City of Fort Collins and the City of
Loveland for Dryland Wheat Farmingfor or up to Five Years.
This natural area was purchased in March of 2000. The City of Loveland, Latimer County,
GOCO Funds and the City of Fort Collins participated in the purchase. An
Intergovernmental Agreement about this property was entered into on March 22, 2000. As
per this Intergovernmental Agreement, the purchasing participants designated that the City
of Loveland has a 75% interest in the Property and the City of Fort Collins has the remaining
25% interest in the Property. Further, the Intergovernmental Agreement specifies that the
City of Loveland is the managing entity for this property.
Since the purchase of this property, the property has been used for dryland farming. Of the
total 785 acres, only 550 acres of land are being used for rotational wheat crops, with 275
acres in crop production annually and the remaining land being fallow. The terms of the
lease will require payment of $10 per acre for the acreage planted. The lease can be
automatically renewed each year on July 31 with a final termination date of July 31, 2008.
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The Citizen Review Board recommends that this language be changed to the following:
"Upon completion of its review, the board shall concurrently convey any observations or
recommendations regarding the administrative investigation conducted by Police Services,
and the findings reached by the investigating and reviewing officers(s), to the City Manager
and the Chief of Police."
Ordinance No. 162, 2004, was unanimously adopted on First Reading on October 5, 2004.
10. Second Readine of Ordinance No. 163, 2004, Authorizing the Execution of an
Administrative Order on Consent By the United States Environmental Protection Agency
and a Related Environmental Covenant in Connection With Environmental Contamination
and Remediation in the Cache La Poudre River Near the Northside Aztlan Community
Center Property.
This Ordinance, which was unanimously adopted on First Reading on October 5, 2004,
authorizes the execution of an Administrative Order on Consent by the United States
Environmental Protection Agency in connection with environmental contamination and
remediation in the Cache La Poudre River Near the Northside Aztlan Community Center
Property.
11. First Reading of Ordinance No. 164, 2004, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2005: Amending the Budget for
the Fiscal Year Beginning January 1, 2005, and Ending December 31, 2005: and Fixing the
Mill Levy for Fiscal Year 2005.
This Ordinance amends the adopted 2005 Budget and sets the amount of $462,762,068 to
be appropriated for fiscal year 2005. The Net City Budget, which excludes internal transfers
between City funds is $363,200,943 for 2005.
This Ordinance also sets the 2005 City mill levy at 9.797 mills, unchanged since 1991.
12. First Reading of Ordinance No. 165, 2004, Amending Section 7.5-61 of the City Code by
Modifying the "Pavement Impact Fee" and Adding a "Utility Locate Coring Fee".
This is a fee adjustment that is necessary in order to catch up with the increased costs of
street construction (inflation) that have occurred since the fee was created five years ago.
The proceeds from the Pavement Impact Fee and the proposed "Utility Locate Coring Fee"
accrue to the Pavement Management Program. These fees are calculated to offset the
adverse impacts of street cuts to the life of the pavement. It is estimated the City will issue
approximately 500 excavation permits in 2005. These fee increases will generate
approximately $15,000 of additional revenue in 2005.
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The Consent Calendar consists of Item Numbers 7 through 19. This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #26, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the Council meeting minutes of September 7 and September
21, 2004.
8. Second Reading of Ordinance No. 161, 2004, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds.
This Ordinance, which was unanimously adopted on First Reading on October 5, 2004,
appropriates prior year reserves and unanticipated revenue in various City funds, and
authorizes the transfer of appropriated amounts between funds. The City Charter permits
the City Council to provide by ordinance for payment of any expense from prior year
reserves. The Charter also permits the City Council to appropriate unanticipated revenue
received as a result of rate or fee increases or new revenue sources.
9. Second Reading of Ordinance No. 162, 2004, Amending Section 2-140 of the City Code
Concerning the Citizen Review Board's Review of Police Internal Investigations.
Under Chapter 2, Division 8 of the City Code, the City's Citizen Review Board is authorized
to review certain kinds of internal investigations conducted by Police Services. In several
subsections of Section 2.140, the Code states that: "upon completion of its review, the board
shall concurrently convey any recommendations concerning the sufficiency and accuracy
of the administrative investigation as conducted by Police Services and any other
observations about the investigation to the City Manger and the Chief of Police. The review
shall be completed and any recommendations conveyed before the Chief of Police makes a
decision regarding the merits of the administrative investigation or the complaint".
AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
October 19, 2004
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming October 23, 2004 as "Make a Difference Day".
B. Proclamation Proclaiming November 8, 2004 as "World Town Planning Day".
C. Proclamation Proclaiming November 15, 2004 as "America Recycles Day".
D. Recognition of Laurel Elementary School Students.
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
"McGraw IB Choristers" Elementary School Choir will sing the National Anthem.
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
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