HomeMy WebLinkAboutREA ANNEXATION AND ZONING DECEMBER 17 1996 CITY COUNCIL HEARING - 64 93C - AGENDA - CORRESPONDENCE-HEARINGPage 11
Staff is suggesting Councilmembers focus on the twelve ballot packages recommended in
the Final Report. Several of those packages will probably not need any further attention.
Other packages will need further discussion and direction.
Staff is seeking direction from Council on:
I whether there are any additional questions or whether clarifications are needed;
d whether there are any options to be prepared (options in addition to the CRC
recommendations);
whether there are any other proposed amendments to be prepared (amendments not
included in the CRC recommendations).
The proposed Charter amendments are scheduled for consideration on First Reading on
January 7, 1997, with Second Reading on January 21, 1997. Staff anticipates. holding a
public hearing on the amendments at the time of First Reading on January 7. - -
34. Staff Is Seeking Direction from Council on Projects to Include in a Resolution Placine
Building Community Choices on the April Municipal Election Ballot.
It will be important for Council to help staff narrow the project list at this meeting because
much work remains to be done prior to placing the ballot language on the ballot at the
February 4 meeting. No other study sessions or regular meetings are available to complete
this work prior to the January 14 study session. Once the proposed project list is complete,
the process of informing citizens about the details of the program can begin, and the election
campaign can be set in motion. After February 4 (when the items would be placed on the
ballot), staff will be unable to conduct many of these activities because of Campaign Reform
Act restrictions.
Since the last Study Session, staff has conducted a citizen survey. The results of the survey
coincide in many ways with Council's preliminary list. Streets and natural areas projects are
of strong interest to the citizens who were surveyed, and are well represented on the
Council's list. Projects which were of interest to citizens, but were not in the top $84 million
of Council's projects include support of the transit system, the bikeways system. Staff
inadvertently omitted the City Park Pool and Center project from the "multi -voting"
exercise at the October 29 meeting. This project was also an above average priority for
citizens in the survey.
35. Council/Staff Pulled Consent.
36. Other Business.
37. Adjournment.
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Article X of the City Charter requires that the Council either adopt the Citizen Initiated
Ordinance without change within 30 days of the date of the presentation of the City Clerk's
certification of a valid petition to the Council, or submit it to a vote at a regular municipal
election.
32. Other Business
A. Items Relating to the Purchase of Natural Areas.
Resolution 96-153 of the Council of the City of Fort Collins Authorizing the
Purchase of Approximately One -hundred and Sixty Acres of Land for Natural
Area Purposes.
2. Resolution 96-154 of the Council of the City of Fort Collins Authorizing the
Purchase of Approximately Thirty-one Acres of Land for Natural Area
Purposes.
3. Resolution 96-155 of the Council of the City of Fort Collins Authorizing the
Purchase of Approximately Thirty-one Acres of Land and Acceptance of a
Donation for Approximately Sixty-seven Acres of Land for Natural Area
Purposes.
These Resolutions authorize the acquisition of three properties, totalling 249 acres of land,
for natural area purposes. The 98-acre William and Associates property is located south of
the Poudre River and is bisected by the proposed alignment for the Timberline Extension.
The 31-acre Nix property is located immediately west of the William and Associates
property. The 160-acre Franz property is located south of the existing Cathy Fromme Prairie,
east of the Larimer County Landfill. All three properties have significant natural values and
would help meet the objectives of the Natural Areas Policy Plan and several other adopted
plans and policies.
***DISCUSSION ITEMS***
gaf' COUNCIL INFORMATION CENTER
(Study Session format with opportunityfor formal action)
33 Staff is Seeking Direction on Proposed Charter Amendment Ballot Packages I Through 12
That Were Presented by the Charter Review Committee at the November 26 Study Session,
After the November 26 Study Session when the Charter Review Committee presented its
Final Report and Recommendations, staff attempted to capture Council's questions,
concerns, comments and suggestions with regard to the twelve ballot packages recommended
in the Final Report. The November 26 study session summary is included for reference.
Page 9
This is a request to annex and zone 9.39 acres located on the west side of South College
Avenue, south of Harmony Road and the Arbor Plaza Shopping Center, and north of Fossil
Creek Nursery. The Burlington Northern Railroad is adjacent along the west property line.
The requested zoning is CL - Limited Commercial Zoning District with no PUD condition.
The expressed purpose of this request is to develop an automobile sales business for the
Spradley-Barr dealership that currently operates at the southwest corner of South College
Avenue and Drake Road. The property is developed, having been the headquarters for Poudre
Valley REA for many years, and it is in the Business and Commercial Zoning Districts in
Larimer County. This is a 100% voluntary annexation.
APPLICANT: Spradley-Barr
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO. 80525
OWNER: -Poudre Valley REA
7649 REA Parkway
Fort Collins, CO. 80528
31. Items Relating to Citizen Initiated Ordinance Relating to the Establishment of a Permanent
Citizens Review Board to Review Citizen Complaints of Police Misconduct.
A. First Reading of Ordinance No. 155, 1996, Amending Section 2 of the Fort Collins
City Code to Establish a Citizens Review Board and to Provide for its Powers, Duties
and Responsibilities; OR
B. Resolution 96-152 Referring a Citizen Initiated Ordinance Relating to the Registered
Electors of the City at the April 8, 1997, Regular Municipal Election.
On November 5, 1996, the City Clerk received a petition requesting that Council submit a
Citizen Initiated Ordinance relating to the establishment of a permanent Citizens Review
Board to review citizen complaints of Police misconduct.
The petition was found to be insufficient on November 8, 1996, and petition representatives
withdrew the petition. The Charter provides that a petition may be withdrawn and'amended
within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. On
November 25, 1996, petition representatives submitted the amended petition.
On November 27, 1996, the City Clerk verified that the amended petition contained
sufficient signatures for presentation of the petition to initiate an ordinance to Council. The
petition contains the signatures of at least 2,249 registered City electors, which is 10% of the
total number of ballots cast at the 1995 Regular City Election.
Page 8
Establishing a Temporary Delay in The Acceptance of Certain Land Use Applications
Through March 31, 1997.
Option `B": First Reading of Ordinance No. 161, 1996, of The Council of The City of Fort
Collins Providing For The Review and Processing of Pending Land Use Applications and
Establishing a Temporary Delay in The Acceptance of Certain Land Use Applications
Through March 31, 1997. (A provision has been added to ensure that completed
applications for final PUD plans and subdivision plats are not subject to amendment
by the applicant)
Two options are being presented for Council's consideration with regard to the transition
from the City's existing land use regulations into the new land use code. Both options would
establish a temporary delay in the acceptance of new land use applications through March
31, 1997. Both options would also provide that existing preliminary PUD's and preliminary
subdivision plats would remain in effect for one year from the effective date of the ordinance
or their original expiration date, whichever is sooner. Option "A" would require all final
PUD plans and subdivision plats that are filed after the effective date of the new land use
code to conform to all provisions of the new land use code except those pertaining to land
use layout and densities. Option `B" would permit all such plans to be processed under the
existing provisions of the Code.
30. Items Pertaining to the REA Annexation and Zoning
A. Resolution 96-152 Setting Forth Findings of Fact and Determinations Regarding the
REA Annexation.
B. Option A: First Reading of Ordinance No. 162, 1996, Annexing Property Known as
the REA Annexation to the City of Fort Collins, Colorado (without the deletion of
paragraph 4).
Option : First Reading of Ordinance No. 162, 1996, Annexing Property Known as
the REA Annexation to the City of Fort Collins, Colorado (with the deletion of
paragraph 4).
C. Option A: First Reading of Ordinance No. 163, 1996, Amending the Zoning District
Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying
for Zoning Purposes the Property Included in the REA Annexation to the City of Fort
Collins, Colorado, Into the HB-Highway Zoning District, with a PUD Condition.
Option B: First Reading of Ordinance No. 163, 1996, Amending the Zoning District
Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying
for Zoning Purposes the Property Included in the REA Annexation to the City of Fort
Collins, Colorado, Into the CL-Limited Commercial Zoning District.
Page 7
25. Routine Deeds and Easements.
A. Deed of Easement from Miramont Associates, Limited Liability Company, for the
purpose of a slope and utility easement for the widening of Lemay Avenue from
Boardwalk to Fossil Creek. Monetary consideration: $0.
B. Deed of Easement from Miramont Associates, Limited Liability Company, for the
purpose of a temporary construction easement for the widening of Lemay Avenue
from Boardwalk to Fossil Creek. Monetary consideration: $0.
C. Deed of Easement from Oak Farm, Inc., for the purpose of a 15 foot slope and utility
easement for the widening of Lemay Avenue from Boardwalk to Fossil Creek.
Monetary consideration: $0.
D. Deed of Easement from St. Elizabeth's Ann Seton Catholic Archdiocese of Denver
for the purpose of a slope and utility easement for the widening of Lemay Avenue
from Boardwalk to Fossil Creek. Monetary consideration: $0. -
***END CONSENT***
26. Public Pulled Consent Items.
Items pulled from the Consent Calendar will be considered at this time. Items pulled from
the Consent Calendar by Councilmembers or staff may be considered under Item #35.
27. Staff Reports.
28. Councilmember Reports.
Committees that have met since December 4 include:
Growth Management Committee
Legislative Review Committee
Organizational Development Committee
NFRT & AQPC
ITEMS NEEDING INDIVIDUAL CONSIDERATION
29. Items Relating to the Provision for the Review and Processing of Land Use Applicants and
Establishing a Temporary Delay in the Acceptance of Certain Land Use Applicants Through
March 31, 1997 (Options A & B).
Option "A": First Reading of Ordinance No. 161, 1996, of The Council of The City of Fort
Collins Providing For The Review and Processing of Pending Land Use Applications and
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22. Resolution 96-150 Committing the City to Act as Reviewing Entity for the State Income Tax
Credit Program for Qualifying Historic Rehabilitation Projects for 1997,
Staff and the Landmark Preservation Commission recommend adoption of a Resolution
committing the City to act as a reviewing entity for the State Income Tax Credit Program for
qualifying historic rehabilitation projects under Colorado House Bill 90-1033 (CRS 39-22-
514) and that the City waive the $250 initial Application Fee to encourage designation of
local landmarks and preservation of historically significant resources.
23. Resolution 96-140 of the City Council of Fort Collins Adopting the Guidelines for Initiating
and Developing Council Ordinances and Resolutions.
The guidelines are intended to provide a clearer and more explicit signal to the City Manager
and staff concerning starting the actual work on a resolution or ordinance. However,
background work or preliminary information on a particular policy issue or question may be
requested by any member of Council at any time -- typically, a request for preliminary
background information is made at a regular council meeting or at a Study Session as part
of "Other Business" by an individual Councilmember and the request is for a "two -page
memorandum." The "two -page memorandum" is prepared by staff and sent to the full
Council when completed. This preliminary work may or may not result in Council directing
staff to proceed and initiate work on a particular ordinance or resolution.
24. Resolution 96-151 Making Appointments to Various Boards and Commissions.
A vacancy currently exists on the Commission on Status of Women due to the resignation
of Jennie Haarsager. Applications were solicited and Councilmembers Azari and Janett
interviewed the applicants. The interview team is recommending that Rebecca Fosha be
appointed with a term to begin immediately and to expire June 30, 2000.
A vacancy currently exists on the Housing Authority due to the resignation of Brian Kane.
Applications were solicited and interviews were conducted. Councilmembers Azari and
Janett are recommending Sharon Winfree fill the vacancy with a term to begin immediately
and to expire June 30, 1998.
Vacancies currently exist on the Human Relations Commission due to the resignations of
Betty Sutton and Daniel Cordova. Applications were solicited and Councilmembers Azari
and Janett interviewed applicants and are recommending that Joe Jaramillo and Joe Stern be
appointed to the Human Relations Commission with terms to begin immediately and to
expire June 30, 1999.
Page 5
City's other responsibilities as Tenant will be for routine janitorial; maintenance, and
insurance.
20. Items Relating to the Fort Collins Good Samaritan Village Annexation and Zoning
A. Resolution 96-149 Setting Forth Findings of Fact and Determinations Regarding the
Fort Collins Good Samaritan Village Annexation.
B. First Reading of Ordinance No. 158, 1996, Annexing Property Known as the Fort
Collins Good Samaritan Village Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 159, 1996, Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for
Zoning Purposes the Property Included in the Fort Collins Good Samaritan Village
Annexation to the City of Fort Collins, Colorado.
- This is a request to annex and zone 15.210 acres (includes public right-of-way), and zone it -
R-L-P, Low Density Planned Residential with a PUD condition. The existing, 4-story, Fort
Collins Good Samaritan Village building is located on the property which is currently zoned
R-2, Residential in the County. This is a 100% voluntary annexation to the City. The
annexation of this area is consistent with the policies and agreements between County and
the City contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT
COLLINS URBAN GROWTH AREA.
APPLICANT: The Evangelical Lutheran Good Samaritan Society
c/o Ken Merritt
Landmark Engineering
3521 West Eisenhower Blvd.
Loveland, CO 80537
OWNER: The Evangelical Lutheran Good Samaritan Society
4800 W. 57th
Sioux Falls, SD 57117
21. First Reading of Ordinance No. 160. 1996, Amending Chapter 14. Article III by the Addition
of a New Subsection 1448.5 Regarding Administrative Approval of Changes That Are Not
Detrimental to Designated Landmarks,
The Landmark Preservation Commission is recommending that the Landmark Code be
amended to allow for administrative approval of certain kinds of minor building alterations
including color selection, awning recovering and changes that would not affect the historic,
architectural or cultural character of a property (including such changes to rehabilitation
plans previously approved by.the Landmark Preservation Commission).
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City Council met in Executive Session to conduct the performance appraisal of City Attorney
Steve Roy. This Ordinance, which was unanimously adopted on First Reading on December
3, 1996, establishes the 1997 salary of the City Attorney.
16. Second Reading of Ordinance No. 153. 1996, Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Compensation of the City Manager,
City Council met in Executive Session to conduct the performance appraisal of City Manager
John Fischbach. This Ordinance, which was unanimously adopted on First Reading on
December 3, 1996, establishes the salary and compensation provided the City Manager.
17. Second Reading of Ordinance No 154 1996 Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Compensation of the Municipal Judge
City Council met in Executive Session to conduct the performance appraisal of Municipal
Judge Kathleen M. Lane. This Ordinance, which was unanimously adopted on First Reading
on December 3, 1996, establishes the 1997 salary of the Municipal Judge.
18. First Reading of Ordinance No. 156, 1996. Authorizing the Granting of a Non -Exclusive
Storm Drainage Easement on Legacy/Salyer Open Space to Charles L. Meserlian and
Appropriating Unanticipated Revenue in the Conservation Trust Fund - Acquisition and
Development.
The development of "Levon's Warehouse and Office Building" will require stormwater
flows to cross the Legacy/Salyer Open Space. The easement is along the easterly 150 feet
of the site, which will allow storm drainage sheet flows to follow historical patterns across
the Legacy/Salyer Open Space. A topographic survey indicates there is a natural, subtle
depression across the Open Space that would discharge eventually to the Poudre River, about
1200 feet south. Allowing historical drainage patterns across the Legacy/Salyer Open Space
has been approved by City staff from Natural Resources, Stormwater, and CLRS. Staff
believes that sheet flow across the Legacy/Salyer Open Space is more desirable than
construction of an open channel.
South19. First Reading of Ordinance No. 157. 1996 Approving the Terms of the Lease Agreement for
151 • •" Avenue.
In order to have this leased space. become tax exempt, it is necessary to have Council approve
the terms of the lease by Ordinance. Transportation is consolidating its functions in the
downtown area, and as a result, a lease agreement has been negotiated for Transportation
Demand Management (Smartrips) to move into a 2,000 square foot facility at 151 S. College,
Suite H. The gross rental for this facility is $1,500 per month, including taxes, utilities and
insurance. The amount will be determined by the Larimer County Assessor's Office. The
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This Ordinance was unanimously adopted on First Reading on December 3, 1996, and
deletes the requirement of having affordable housing developers provide the City with a
letter of credit or certificate of deposit, until after the project has been completed.
11. Second Reading of Ordinance No 148 1996 Appropriating $55 000 from the Use Tax
Carryover Reserve to Purchase a Surety Bond for the 1993 Sales and Use Tax Revenue
Refunding Bonds,
Ordinance No. 148, 1996, which was unanimously adopted on First Reading on December
3, 1996 appropriates $55,000 in the Use Tax Carryover in order to purchase the surety in
1996.
12. Second Reading of Ordinance No 149 1996 Appropriating Prior Year Reserves in the
Benefits Fund to Cover Medical Insurance Claims
Due to extraordinary claims costs in the City's medical insurance plans, $1,000,000 is being
requested from the City's medical insurance reserve account. Medical insurance reserve
accounts are established for this purpose and are fully funded based on recommendations
from the City's Benefits Consultant. This ordinance, which was unanimously adopted on
First Reading on December 3, 1996, appropriates $1,000,000 from the Benefits Fund prior
year reserves to be used to cover medical insurance claims in excess of what was budgeted
for 1996.
13. Second Reading of Ordinance No 150 1996 Appropriating Unanticipated Revenue in the
General Fund for the Fort Collins Police Services Substance Abuse Prevention Program.
Ordinance No. 150, 1996, which was unanimously adopted on First Reading on December
3, 1996, appropriates the $27,000 in grant funds for expenditure in the Police Services
Substance Abuse Prevention Program.
14. Second Reading of Ordinance No 151 1996 Amending, Chapter 2 Division III of the City
Code Pertaining to the Procedure for Hearing Appeals to the City Council
This Ordinance, which was unanimously adopted on First Reading on December 3, 1996,
amends the appeals provision of the City Code so as to require that any written information
to be submitted to the Council by parties -in -interest for the Council's consideration at the
appeal hearing be submitted no later than 12:00 noon on the Wednesday preceding the appeal
hearing. The purpose of this revision is to give the Council adequate time to review the
submittals.
15. Second Reading of Ordinance No 152 1996 Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Compensation of the City Attorney,
6. CONSENT CALENDAR
Page 2
The Consent Calendar consists of Item Numbers 7 through 25. 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 by the Public will be considered separately under Agenda Item #26,
Public Pulled Consent Items. Items pulled from the Consent Calendar by staff or
Councilmembers may be considered separately under Agenda Item #35,
Council/Staff 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 regular meeting minutes of July 2 and July 16 1996 and
the adjourned meeting minutes of July 9 and July 23. 1996,
8. Second Reading of Ordinance No 145 1996 Vacating a Portion of the Drainage Easement
on Chism Property.
The City received a dedication of a 65 feet wide x 280 feet long drainage easement from
Chism Homes, Inc. along the south property line of the Chism Property located on the east
side of South Shields Street. The drainage easement was dedicated for a proposed channel
identified in the McClelland's & Mail Creek Master Drainage Plan. This Ordinance was
unanimously adopted on First Reading on December 3, 1996.
9. Second Reading of Ordinance No. 146. 1996. Amending Ordinance No. 24. 1996. Reearding
the Landmark ' 1 1 Grant Program.
This Ordinance, which was unanimously adopted on First Reading on December 3, 1996,
amends Ordinance No. 24, 1996, removing one of the criteria of the program that states that
those property owners who have received grants in prior years will be of lower priority for
funding. By removing this requirement, larger and phased projects will not be discouraged
from applying year after year.
10. Second Reading of Ordinance No. 147. 1996, Amending Chapter 26. Article IX. Section 26-
632 of the City Code Regarding the Deferral of Fees for Affordable Housing.
AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
December 17, 1996
Proclamations and Presentations
6:15 p.m.
A. Presentation of FEMA Award for Flood Plain Management.
B. Presentation of Marcile N. Wood Awards by the Commission on the Status of Women.
C. Proclamation Proclaiming December 31, 1996 as "First Night Fort Collins".
Regular Meeting
6:30 p.m.
PLEDGE OF ALLEGIANCE
I . 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