HomeMy WebLinkAboutHH-36 ANNEXATION & ZONING - 34-98 - AGENDA - FIRST READINGPAGE I I
Due to Council's consideration of the Ordinance on First Reading after printing of the
agenda, an amended item may need to be provided in the Council's "Read Before the
Meeting" packet on Tuesday, November 17.
34. Pulled Consent Items.
35. Other Business.
36. Adjournment.
NOTE: This meeting needs to adjourn to 6:00 p.m on November 24 for the annual evaluations
of the City Attorney, City Manager and Municipal Judge and second reading of the
District/Precinct boundaries map changes.
MEETING OF BOARD OF COMMISSIONERS OF
THE FORT COLLINS HOUSING AUTHORITY
37. Call Meeting to Order.
38. Roll Call.
39. Resolution No. 3. of the Council of the Citv of Fort Collins. Acting Ex Officio as the Board
of Commissioners of the Fort Collins Housing Authority Establishing a Procedure for
Meetings and Authorizing Additional Persons to Sign Contracts and Checks of the Authority
This Resolution establishes a procedure for the monthly meetings of the Authority and
authorizes additional persons to sign contracts and checks on behalf of the Authority.
40. Other Business.
41. Adjournment.
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Ranch Project is intended to provide rental housing units that will be affordable to
individuals and families with low to medium incomes. The Project is located at the
southwest corner of County Road 9 and Harmony Road. The site is approximately ten acres.
Zoning for the site supports up to 118 units of multi -family housing. On August 6, 1996,
Council approved the inducement resolution for the project. Since the inducement resolution /
was passed, the W.O. Brisirn Companies South ("BriAxn") has replaced the original
developer, Hawthorne. Brisben Company has formed a new limited partnership, Country
Ranch II, to complete the project.
Ordinance No. 216, 1998 will allow the City to move forward and issue the bonds for the
project, up to $6,509,000. The proposal is consistent with the City's adopted policies
regarding issuance of private activity bonds. The project is consistent with the Council goal
of increasing the supply of affordable housing in the City.
32. Items Relating to the 1999 Downtown Development Authority Budget
A. Second Reading of Ordinance No. 206, 1998, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 1999, and Fixing the Mill Levy for the Downtown
Development Authority for 1999.
B. Second Reading of Ordinance No. 207, 1998, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 1999.
Ordinance No.'s 206 and 207, 1998, which were unanimously adopted on First Reading on
November 3, 1998, represent the annual appropriation for 1999 of $290,675, and approve
the Downtown Development Authority Operating Budget for 1999. They also set the DDA
mill levy at 4.05 mills and appropriate the Downtown Development Authority Debt Service
funds for 1999 in the amount of $1,639,048.
33. Second Reading of Ordinance No. 208, 1998, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 1999 and Amending the Budget
for the Fiscal Year BeginningJanuary 1, 1999, and Ending December 31, 1999, and Fixing
the Mill Lew for Fiscal Year 1999.
This Ordinance was considered by the Council on First Reading on November 10, 1998. The
Ordinance amends the 1999 Budget in the amount of $337,984,621 for the City of Fort
Collins and $2,441,126 in 1999 for the Firefighters' Pension Fund. The Net City Budget
which excludes internal transfers between funds and Firefighters' Pension is $243,676,043
for 1999.
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Following creation of the Board, applications for membership were solicited. Interviews
were conducted by Councilmembers Wanner and Bertschy and City Manager Fischbach.
***END CONSENT***
27. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
28. Staff Reports.
29. Councilmember Reports.
Committees that have met since November 3, 1998 include:
Finance Committee Gromth Management Committee
Metropolitan Planning Organization
Poudre School District Liaison Committee
ITEMS NEEDING INDIVIDUAL CONSIDERATION
30. Resolution 98-157 Stating the Intent of the City of Fort Collins to Annex Certain Property
and Initiating Annexation Proceedings for Such Property to Be Known as the Lemav Avenue
3rd Annexation.
The property being considered for annexation is approximately 2.00 acres in size and is
located on the east side of North Lemay Avenue, between East Lincoln Avenue and East
Vine Drive. The property is currently vacant. The proposed zoning for this annexation is
LMN — Low Density Mixed Use Neighborhood. The property being considered for
annexation has, for a period of not less than three (3) years, been completely surrounded by
property contained within the boundaries of the City of Fort Collins.
The proposed resolution states that it is the City's intent to annex this enclave property and
directs that the published notice required by State law be given of the Council's hearing to
consider the needed annexation ordinance. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances on January 5, 1999. Not less than thirty
days prior, published notice is required by State law.
31. Public Hearing and First Reading of Ordinance No 216 1998 Authorizing the Issuance of
$7.9 Million of Private Activity Bonds for the Country Ranch Project and Authorizing the
Execution of Certain Related Documents and Instruments.
In July of 1996, the City received a proposal from Country Ranch Limited Partnership
requesting that the City issue private activity bonds for the purpose of acquiring property,
constructing and equipping a multi -family housing project in Fort Collins. The Country
PAGE 8
APPLICANT:James Construction Company, Inc.
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
OWNER: H. H. Investment Company, A Colorado General Partnership
c/o Thomas J. Morroni
P. O. Box 16383
Denver, CO 80216
25. Resolution 98-155 Authorizing a Ground Lease Agreement of City -Owned Property on
Block 33 to Nightwalker Enterprises, Inc.
When the City purchased the eastern half of Block 32 from Trillium Corporation, the City
assumed the existing month -to -month leases for warehouse space. Nightwalker Enterprises
owned a small storage building on the block and also had a ground lease with Trillium that
was assigned to the City. After the City purchase, staff extended the leases until a need was
identified for the building and/or ground. Due to the impending construction of the Parking
Garage Complex, the Justice Center and the Transportation Center on Block 22, all month -
to -month leases were terminated and buildings were demolished to make room for
construction staging and temporary parking.
At the time of termination, staff met with Lewis Trujillo of Nightwalker. Nightwalker had
not used the warehouse for few years, but did use the space to park its semi -trailers until the
trailers were used for deliveries to the Reservations. The Nightwalker organization has been
trying to find a permanent home for its store and warehouse. An agreement was negotiated
that would allow Nightwalker to utilize approximately 360 square feet of ground space not
in use by the City on Block 33 near the Car Barn to park its trailers until March 31, 1999.
The rent amount to be charged for the total lease term is $360.
26. Resolution 98-156 Making Appointments to the Citizen Review Board.
At its August 4, 1998 meeting, Council adopted on Second Reading Ordinance No. 76,
1998, creating the Citizen Review Board. The Board was created to serve the following
purposes: (1) upon request of the City Manager or Chief of Police, make recommendations
concerning interpretation of police policies and procedures; (2) review internal investigations
where a peace officer is alleged to have used force, discharged a firearm, committed a crime,
when a person sustained severe injury, death, or alleged their civil rights were violated by
a peace officer, or other investigations requested by the City Manager or Police Chief (use
of deadly force would be a mandatory review by the Board even if no complaint is filed); (3)
offer review for outside law enforcement agencies operating within the City; and (4) make
annual reports to the City Council and City Manager concerning activities and
recommendations.
PAGE 7
Fort Collins Police Services has been awarded a grant from the Colorado Department of
Transportation in the amount of $6,000. This funding will pay for the promotion of seat belt
and child safety seat use in Colorado and the enforcement of laws concerning use of
occupant protection restraints.
The funding is for one year and begins in the fiscal year of October 1998, continuing through
September 1999.
23. First Reading of Ordinance No. 213, 1998 Amending Ordinance No. 161, 1998 to Include
a Revised Leeal Description for the Vacation of the Rights -of -Way for Elk Road and Otter
Drive as Dedicated on the South Collins Tech Center, First Filing and the South Collins Tech
Center, Second Filing.
On October 6, 1998 Ordinance No. 161, 1998 was adopted. The intent of the Ordinance was
to vacate the rights -of -way for Elk Road and Otter Drive. The agenda item summary,
ordinance and legal description incorrectly referenced the First and Second Filings of
College Tech Center when they should have referenced the First and Second Filings of
Collins Tech Center.
Because of the incorrect reference, title problems may occur. Therefore, Ordinance No. 213,
1998 is proposed to correctly vacate the rights -of -way.
24. Items Relating to the HH-36 Annexation and Zoning.
A. Resolution 98-154 Setting Forth Findings of Fact and Determinations Regarding the
HH-36 Annexation.
B. First Reading of Ordinance No. 214, 1998, Annexing Property Known as the HH-36
Annexation.
C. First Reading of Ordinance No. 215,1998, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property included in the
HH-36 Annexation and placing said property in the Residential Neighborhood Sign
District.
This is a voluntary request to annex and zone 60.527 acres (including County Road 9 and
County Road 36 right-of-way). The property is located the northwest corner of County Road
9 and County Road 36. The property is currently zoned FA-1 in Larimer County. The
requested zoning in the City is LMN - Low Density Mixed Use Neighborhood. The
requested zoning for this annexation is consistent with the City Structure Plan.
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of the city. For firms meeting the criteria contained in Article VII of Chapter 5 of the City
Code, the City can return a portion of fees paid on expansion of existing firms. Hewlett-
Packard has been working with City staff over the past twelve months to plan a major
manufacturing facility expansion at its Harmony Road location. The expansion includes a
wafer manufacturing plant with requisite "clean room" filtration equipment. The size of the
expansion is expected to be 315,000 square feet. The estimated cost of the expansion
including equipment is $350 million. Hewlett-Packard estimates that it will pay
approximately $2.4 million in impact fees. Under the City's Impact Fee Rebate Program,
Hewlett-Packard can request the rebate of certain impact fees. Staff recommends that a
$88,775.63 rebate be granted by Council. This is due to $88,775.63 of Building Permit and
Plan Check fees that were inadvertently included in the 1996 rebate of fees to Hewlett-
Packard. The Ordinance approves and authorizes the rebate. Actual payment of this rebate
to HP will not occur; rather the rebate amount will be retained by the City to correct the prior
error.
21. First Reading of Ordinance No. 211, 1998, Amending Various Sections of the Citv Code
Relating to the Consolidation of the Office of Electric Utility Services and the Office of
Water, Wastewater and Stormwater Utility Services.
Ordinance No. 198, 1998, which was adopted on Second Reading on November 17, 1998,
consolidated the Office of Electric Utility Services and the Office of Water, Wastewater and
Stormwater Utility Services into one service area, the Office of Utility Services.
In view of this reorganization it is necessary to also make a number of amendments to the
Code to change references to the "General Manager of the Electric Utility" and the "General
Manager of the Water, Wastewater and Stormwater Utility" to the "General Manager of
Utility Services." Also, references to the "Office of the Electric Utility" and "Office of the
Water, Wastewater and Stormwater Utility" should be changed to the "Office of Utility
Services." The necessary changes are detailed in this Ordinance.
22. Items Relating to a Grant Agreement from the Colorado Department of Transportation for
the Fundine of Increased Enforcement and Education of Safety Belt and Child Car Seat Use
in Colorado.
A. Resolution 98-153 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the Colorado Department of Transportation Regarding a Grant to the
City of Fort Collins for Enforcement and Education of Seat Belt and Child Car Seat
Use in Colorado.
B. First Reading of Ordinance No. 212, 1998, Appropriating Unanticipated Revenue in
the General Fund for the Police Services Safety Belt Program.
PAGE 5
limits. The rate changes are as originally projected in the 1998-1999 Biennial Budget and
are necessary to fund capital projects identified in the Water Treatment Facilities Master Plan
and increases in water and wastewater operations and maintenance costs.
18. Second Reading of Ordinance No. 205, 1998 Amendingthe City Code to Adjust the Capital
Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation
Based on the Denver -Boulder Consumer Price Index.
In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital
improvement expansion fees for Library, Community Parkland, Police, Fire, and General
Government services. The purpose of the fees is to have new development pay a
proportionate share of the capital improvements and equipment that will be necessary to
provide services to the development. The Code provisions approved by the Ordinance
provide for the annual adjustment of the fees to keep up with inflation, using the Denver -
Boulder (now Denver -Boulder -Greeley) Consumer Price Index.
Ordinance No. 205,1998, was unanimously adopted on First Reading on November 3, 1998,
and increases the fee schedules for the capital improvement expansion fees and
neighborhood parkland fee by the change in the 1998 Denver -Boulder -Greeley Consumer
Price Index.
19. First Reading of Ordinance No. 210. 1998, Appropriating Prior Year Reserves in the
Transportation Fund.
Since the issuance of the 1992 Highway Users Tax Revenue Bonds, the transportation fund
has maintained a debt service reserve to secure the annual debt service on the bonds. When
the Highway User Tax Revenue Bonds were refunded (Second Reading on November 3,
1998), the City substituted a surety policy for the reserve. As of the closing on the refunding
bonds, the money held in the debt service reserve and interest year to date will be released
and may be used by the Transportation Service Area for capital projects. In addition to the
reserve fund, the transportation fund will experience debt service savings in 1998 and 1999.
The amount of savings is $120,870.
Ordinance No. 210, 1998, appropriates an amount, $527,925, equal to the money carried in
the debt service reserve account plus interest to date, and the annual debt service savings
from the 1998 and 1999 debt service savings. The money from the debt service reserve and
the annual savings on debt service will be used for the deicing materials storage project.
20. First Reading of Ordinance No. 167, 1998, Authorizing a Rebate of Development Fees
Associated with the Construction of a New Manufacturing Facility for Hewlett-Packard
The purpose of the fee rebate program is to promote the economic welfare of the city by
enhancing local employment opportunities and by strengthening the general economic base
PAGE 4
architectural importance, as an interesting example of modest Queen Anne architecture in
Fort Collins. Ordinance No. 200, 1998 was unanimously adopted on First Reading on
November 3, 1998.
14. Second Reading of Ordinance No. 201, 1998, Vacating Portions of the Rights -of -Wad
Plum Street and Orchard Place Dedicated on the Ponderosa Park, Miller Lqyland
Subdivision, and Skyline Mobile Home Park Plats.
This Ordinance was unanimously adopted on First Reading on November 3, 1998 and
vacates the street rights -of -way for Plum Street and Orchard Place.
15. Second Reading of Ordinance No. 202, 1998, Vacating Portions of the Right -of -Way for
Redgate Court as Dedicated on the Gates at Woodridge PUD Fourth Filing
Ordinance No. 202, 1998 was unanimously adopted on First Reading on November 3, 1998
and vacates the street right-of-way for Redgate Court.
16. Postponement of Second Reading of Ordinance No. 203 1998 Adopting and Determining
the Effective Date of the District -Precinct Map for the 1999 Regular Municipal Election to
November 24, 1998.
Following adoption of this Ordinance on First Reading on November 3, staff discovered that
the proposed amendment to the District boundaries, which consisted of moving City Precinct
No. 41 from District No. 3 to District No. 2, would result in the division of County Precinct
No. 5915. Section 7-66 of the City Code requires that, insofar as practicable, boundaries of
election precincts in the city shall correspond with election precincts established by the
County. Although it may be possible to divide County Precinct No. 5915, the portion that
was proposed to be moved does not contain enough registered voters to achieve the
proportional division of registered voters between the districts as required by the City
Charter.
Adoption of the Consent Agenda will postpone Second Reading of the Ordinance to an
adjourned meeting on November 24, 1998, in order to allow for the publication of two
additional notices of the proposed revisions to the Ordinance.
Staff will then present the amended proposal on Second Reading following publication of
notice of the amended proposal on November 10 and November 13.
17.. Second Reading of Ordinance No. 204 1998 Amending Chapter 26 of the City Code
Relating to User Rates and Charges for Water and Wastewater Utilities.
Ordinance No. 204, 1998 was unanimously adopted on First Reading November 3, 1998,
increaing water rates by 6% and wastewater rates by 2% for all customer classes within City
PAGE 3
This Ordinance, which was unanimously adopted on First Reading on November 3, 1998,
appropriates the $202,101 in new federal grant money received in connection with the
program.
9. Second Reading of Ordinance No. 196, 1998, Appropriating Prior Year Reserves in the
General Employees' Retirement Fund.
Ordinance No. 196, 1998 was unanimously adopted on First Reading on November 3, 1998
and authorizes a $1 million appropriation to accommodate terminated vested employees who
have elected to take single sum payments from the GER Plan, thus terminating their
membership in the GER Plan. The Ordinance also authorizes a $ 9 million appropriation for
the employees who have elected to convert their GER Plan benefits to the ICMA Money
Purchase Plan.
10. Second Reading of Ordinance No. 197, 1998, Authorizing a Mail Ballot Election for the
April 6, 1999 Regular City Election.
Ordinance No. 197, 1998, which was unanimously adopted on First Reading on November
3, 1998, authorizes the conduct of the April 6, 1999 regular municipal election by mail ballot,
adopts the Mail Ballot Election Act of the Uniform Election Code governing mail ballot
elections, authorizes the City Clerk to submit a mail ballot plan to the Secretary of State, and
establishes the polling place for in -person voting for the April election.
11. Second Reading of Ordinance No. 198, 1998 Amending Article IV of Chapter 2 of the City'
Code Pertaining to the Administrative Organization of the City, by Consolidating the Offices
of Electric Utility Services and Water. Wastewater and Stormwater Utility Services
Ordinance No. 198, 1998, which was unanimously adopted on First Reading on November
3, 1998,formally consolidates the City's utility service areas, as referenced in the City Code.
12. Second Reading of Ordinance No. 199, 1998, Amending Ordinance No 46 1981 as it
Relates to the Legal Description of the Fort Collins, Colorado Downtown Development
Authority.
This Ordinance, which was unanimously adopted on First Reading on November 3, 1998,
amends Ordinance No. 46, 1981 regarding the legal description of the Fort Collins
Downtown Development Authority.
13. Second Reading of Ordinance No. 200, 1998 Designating the Addie R. Debolt House 630
Peterson Street, as a Historic Landmark Pursuant to Chapter 14 of the City Code
The owners of the property, Randall and Retha Luttrell, are initiating this request for Local
Landmark designation for the Addie R. Debolt House. The building is significant for its
SENT CALENDAR
PAGE 2
The Consent Calendar consists of Item Numbers 7 through 26. 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 #34, 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 July 7, July 21. August 4 and
August 18, 1998.
8. Second Reading of Ordinance No. 195, 1998, Appropriating Unanticipated Revenue in the
General Fund for Police Services and Authorizing the Transfer of Appropriated Amounts
Between Accounts and Projects for the Larimer County Multi -Jurisdictional Drug Task
Force.
For the past eleven years, Fort Collins Police Services has applied to the Colorado Division
of Criminal Justice for federal drug grant monies to help fund the investigation of illegal
narcotics activities. Fort Collins has once again joined with other members of the Drug
Task Force, (Loveland Police Department, Larimer County Sheriff's Department and
Colorado State University Police Department) in one application for funding of the multi -
jurisdictional drug task force to be administered by the City of Fort Collins. As
administrator of the 1998-1999 grant, Police Services will assure funding to other
participating agencies for their share of the federal funds. The City has recently received
notification of a grant award in the amount of $202,101. The participating agencies will be
providing matching funds in the amount of $202,101. Fort Collins' portion of the match is
$87,608. This match is met via the budgeted salary and fringe benefits of an existing officer,
Secretary III and 50% of the budgeted Lieutenant position, all part of the Fort Collins Police
Services personnel currently assigned to the Drug Task Force.
AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
November 17, 1998
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming December 1, 1998 as "HIV/AIDS Awareness Day"
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE.
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