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HomeMy WebLinkAboutMINUTES-05/16/2000-RegularMay 16, 2000 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 16, 2000, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Councilmembers Absent: Wanner Staff Members Present: Fischbach, Harris, Roy Agenda Review City Manager Fischbach noted that Item #17, First Reading of Ordinance No. 59, 2000, Making Various Amendments to the City of Fort Collins Land Use Code, and Item #22 Resolution 2000-71 Concerning Flood Protection Improvements for the Buckingham Neighborhood, were withdrawn from the Consent Calendar. CONSENT CALENDAR Second Reading of Ordinance No. 43, 2000, Appropriating Unanticipated Revenue in the General Fund for the Library Outreach Program. Latimer County provides funds to six library service providers in the County. This year, the County is paying $120,120 to the City for library services for County residents. Of this amount, $30,030 will be used for the City's library outreach program. This program brings library services to the homebound, the economically disadvantaged and services remote book drops throughout the community. Resolution 2000-62, which was unanimously adopted on May 2, 2000, authorized the Mayor to enter into an Agreement to provide library services to County residents and for outreach service. Ordinance No. 43, 2000, which was also unanimously adopted on First Reading on May 2, 2000, appropriates $30,030 for outreach services. 317 May 16, 2000 8. Second Reading of Ordinance No. 44, 2000, Amending the General Form for Petitions for Initiative, Referendum. and Recall. The City Charter requires Council to prescribe by ordinance the general form of petition for initiative, referendum, and recall. Ordinance No. 44, 2000, which was unanimously adopted on First Reading on May 2, 2000, amends the general form by splitting the combined form into three (3) individual forms, reformatting the signature lines to provide more adequate space to provide all required information, clearly indicating required attachments, and eliminating from the Affidavit of Circulator the statement that the circulator is a registered elector. (The U.S. Supreme Court has held that it is impermissible to require that petition circulators be registered electors.) Items Relating to an Intergovernmental Agreement with Great Outdoors Colorado for the "Expansion of the CathFromme Prairie" Conservation Project. A. Second Reading of Ordinance No. 45, 2000, Authorizing an Intergovernmental Agreement with Great Outdoors Colorado for the "Expansion of the Cathy Fromme Prairie" Conservation Project and Authorizing the Execution of a Declaration of Convenants, Conditions, and Restrictions on a 139-acre Portion of the Cathy Fromme Prairie, as Required Thereby. B. Second Reading of Ordinance No. 46, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund 1/4 Cent Natural Areas Capital Project for Reimbursement Toward the Purchase Price of a 139-acre Portion of the Cathy Fromme Prairie Acquired in 1995. In September 1995, the City of Fort Collins was awarded a $400,000 grant from Great Outdoors Colorado to be used for the acquisition of a 139-acre portion of the Cathy Fromme Prairie. The property was acquired from G. D. McGarvey and Lee A. Stark in January 1997. Staff has been working with Great Outdoors Colorado to close out the grant and receive the reimbursement of funds for the property. Ordinance No.'s 45 and 46, 2000, which were unanimously adopted on First Reading on May 2, 2000, complete the grant requirements and funds are expected to be received in June 2000. Since the Ordinances were adopted on First Reading, Great Outdoors Colorado has determined that Larimer Land Trust, rather than Larimer County, will be the third -party steward empowered to enforce the requirements ofthe Declaration of Covenants, Conditions and Restrictions. 318 May 16, 2000 10. Items Relating to Intergovernmental Agreements with Great Outdoors Colorado and Larimer County for the "Cathy Fromme Prairie" Conservation Project. A. Second Reading of Ordinance No. 47, 2000, Authorizing an Intergovernmental Agreement with Great Outdoors Colorado for the "Cathy Fromme Prairie" Conservation Project and Authorizing Execution of a Declaration of Covenants, Conditions, and Restrictions on an 80-acre Portion of the Cathy Fromme Prairie as Required Thereby. B. Second Reading of Ordinance No. 48, 2000, Authorizing an Intergovernmental Agreement with Larimer County Regarding the 80-acre Portion of the Cathy Fromme Prairie Acquired from Dan Jensen and Authorizing the Conveyance of an 11% Undivided Interest in the Property to Larimer County as Required Thereby. C. Second Reading of Ordinance No. 49, 2000, Appropriating Unanticipated Revenue in the 1/4 Cent Sales Tax for Natural Areas Capital Fund received from Larimer County and from a grant from Great Outdoors Colorado for the "Cathy Fromme Prairie" Conservation Project. hi September 1995, the City of Fort Collins and Larimer County were awarded a $235,000 grant from Great Outdoors Colorado to be used for the acquisition of an 80-acre portion of the Cathy Fromme Prairie. Larimer County also pledged $60,000 toward the purchase price of $520,000. The property was acquired from D. Jensen Enterprises in January 1995. These Ordinances, which were unanimously adopted on First Reading on May 2, 2000, approve the grant agreement required by Great Outdoors Colorado, provide for the long-term ownership and management of the property by the City of Fort Collins and Larimer County and provide for the reimbursement of funds for the purchase of the property, which is expected in June 2000. Since the Ordinances were adopted on First Reading, Great Outdoors Colorado has determined that Larimer Land Trust, rather than Larimer County, will be the third -party steward empowered to enforce the requirements ofthe Declaration of Covenants, Conditions and Restrictions. 11. Second Readine of Ordinance No. 50, 2000, Authorizine the Purchase of 6 Acres at 3301 East Prospect Road for Natural Area Purposes and Authorizing the Lease of the Property to the Seller, MBI Corporation, for a Period of up to Four Years. Natural Resources and CSU have acquired the "Flatiron" gravel mine property to the south and west of this parcel for natural area purposes. The land was acquired over time at bargain prices and by donation. This 6-acre parcel with Flatiron's old office building had previously not been acquired due to the higher land value. This parcel is now one of the last pieces in the puzzle in the effort to preserve the entire river bottom on the east side of the Poudre 319 May 16, 2000 River, from Timberline Road southeast to I-25. Ordinance No. 50, 2000, was unanimously adopted on First Reading on May 2, 2000. 12. Second Reading of Ordinance No. 51, 2000, Amending Chapter 12, Article II, of the City Code Pertaining to Garbage and Refuse and Chapter 20, Article III of the City Code Pertaining to Weeds, Brush Piles and Rubbish. Portions of Chapters 12 and 20 of the City Code contain very similar language and cover similar types of nuisances. Chapter 12, Article II covers garbage and refuse and defines terms such as owner, occupant, property, refuse and rubbish. The bulk of Article II (Division 1) covers the prohibited accumulations of refuse and rubbish, while the remainder (Division 2) deals with the collection and removal ofrefuse and rubbish. Chapter 20, Article III, also covers rubbish, as well as weeds and brush piles. It contains many of the same definitions as Section 12, Article II. These Code provisions are so similar in nature, and contain so much duplicate language, it was felt they should be consolidated, making it easier for both staff and citizens to reference. Toward that end, redundant provisions in Sections 12-16 through 12-21 are being repealed; certain other provisions pertaining to rubbish accumulation are being transferred to Chapter 20; and the remaining provisions in Chapter 12 relating to rubbish collection are being consolidated in one division, which will remain in Article II of Chapter 12. Ordinance No. 51, 2000, was unanimously adopted on First Reading on May 2, 2000, and amends certain sections of the City Code pertaining to garbage, refuse, weeds, brush piles and rubbish. 13. Items Relating to the Citv's Fiscal Year 2000-2001 Community Development Block Grant and Home Investment Partnerships Programs. A. Second Reading of Ordinance No. 52, 2000, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 53, 2000, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnerships Fund. Ordinance No. 52, 2000 and Ordinance No. 53, 2000, were unanimously adopted on First Reading on May 2, 2000, and appropriate funds to be received for the CDBG and HOME programs, and transfer into the federal 2000-2001 fiscal year programs unexpended program funds from prior year CDBG programs. Will May 16, 2000 14. First Reading of Ordinance No. 55, 2000, Appropriating Prior Year Reserves in the General Fund for Promotion of Convention and Visitor Activities and for Cultural Development and Programming Activities. This Ordinance appropriates 1999 lodging tax receipts dedicated to the Convention and Visitors Bureau, Cultural Development and Programming (CDP), Visitor Events, and Tourism Capital. In addition, it appropriates unexpended 1999 appropriations for CDP and visitor events. 15. First Reading of Ordinance No. 56, 2000, Authorizing the Revision of the Legal Description of that Easement Conveyed to Wyoming Interstate Company Pursuant to Ordinance No. 58, 1999 to Accommodate Minor Field Changes During Construction. In May of 1999, Council adopted Ordinance No. 58, 1999 conveying an easement to Wyoming Interstate Company for pipeline construction across Meadow Springs Ranch. The "as -built" drawings show that the Wyoming Interstate Company's line of construction falls outside of the previously acquired construction easement. This minor field change was needed to accommodate a straight boring under Interstate 25. The Wyoming Interstate Company would like to resolve the issue and correct the legal description contained in the easement. After Council approval of the revised easement it will be re -recorded. 16. First Reading of Ordinance No. 58, 2000, Amending the Code of the City to Increase the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee. Adoption of this Ordinance will increase the Neighborhood and Community Parkland fees due to increased costs related to park development. Neighborhood Parkland fees would increase $122 (from $956 to $1,078) and Community Parkland fees would increase $152 (from $1,053 to $1,205) for an average size home. The increase is based on current costs incurred by the City to construct new parks at the same level of service as existing parks. The Neighborhood Parkland and Community Parkland fees were set in 1996 and reflected existing park acquisition and development costs. The fee is adjusted annually by the Denver -Boulder Consumer Price Index. The costs requiring the fee increase were not included in the original fees and are not covered by the Consumer Price Index adjustments. 17. First Reading of Ordinance No. 59, 2000, Making Various Amendments to the City of Fort Collins Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the Spring biannual update of the Land Use Code. On May 4, 2000, the Planning and Zoning Board voted 7-0 to recommend adoption of the proposed changes to City Council. 321 May 16, 2000 18. First Reading of Ordinance No. 60, 2000, Authorizing the Placement of Fill Material on Certain Real Property Owned by the City Without Review of Such Activity as "Development" Within the Meaning of the City's Land Use Code. This Ordinance authorizes Lagunitas Landings, Inc. to place fill material on a four -acre parcel it is purchasing from the City without the need for review of such activity under the City's Land Use Code. Although the Land Use Code calls for review of any such activity as "development," the City has authorized the placement of the fill on the property in connection with its sale of the property to Lagunitas, and City staff have determined that the fill material and the activity involved will not be injurious to adjacent property owners or detrimental from a natural resources standpoint. 19. Resolution 2000-68 Adopting the Recommendation of the Cultural Resources Board Regarding Fort Fund Disbursements. On November 30, 1998 revised guidelines for the Cultural Development & Programming and Tourism accounts (Fort Fund) were adopted and approved through the City Manager's office. These newly adopted guidelines created a three -tiered funding system for organizations that apply for grants from Fort Fund. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $2,500 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier 41 support to apply for funding of events that generate more than $2,500 in proceeds after expenses and are fund-raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 20, Resolution 2000-69 Approving an Exemption to the Use of a Competitive Process for Completion of the Northern Colorado Regional Communities I-25 Corridor Plan. This request is for an exemption to the competitive purchasing process requirements in order to contract with Clarion Associates, as the lead consultants for the preparation of the Northern Colorado Regional Communities I-25 Corridor Plan. The cost of preparing the Northern Colorado Regional Communities I-25 Corridor Plan is shared amongst the seven funding jurisdictions. The City's share ($137,280) was provided for in the 1999 budget. The contract amount will not exceed $220,000. 322 May 16, 2000 21. Resolution 2000-70 Approving. an Intergovernmental Agreement for the Joint Ownership and Operation of the Fort Collins -Loveland Municipal Airport. Through the proposed Intergovernmental Agreement (IGA), the Cities of Fort Collins and Loveland agree to continue sharing equally in the revenues and expenses arising out of Airport operations. Each of the Cities currently contributes $60,000 annually to the Airport's budget. These funds are then used to leverage state and federal (FAA) grants for capital improvements to Airport facilities pursuant to atwenty-year (with five-year intervals) Airport Improvement Program (CIP) and Operating and Development Policy. The current IGA was adopted by both Councils in January 1991, following the dissolution of the Airport Authority, and then modified with approval of both Councils in 1994 and 1996. Under the current IGA, full control and decision -making authority was placed with the Councils in Fort Collins and Loveland according to terms of joint ownership. 22. Resolution 2000-71 Concerning Flood Protection Improvements for the Buckingham iam Nei¢hborhood. The floodplain for the Cache la Poudre River encompasses the Buckingham neighborhood due to a flow split off of the main stem of the river just to the west of the Buckingham neighborhood. This floodplain includes some 76 residential and commercial structures. Inclusion in the floodplain presents the potential of flooding to the area and the hazards associated with it. These hazards include possible damages to private property and the potential loss of life. This area is also subject to floodplain regulations, which restrict the types of improvements that can be done to existing and new structures in the floodplain. 23. Resolution 2000-72 Making Findines of Fact and Conclusions Regardingthe he Appeal of a Decision of the Water Utility Hearing Officer Denying the Application of Earle and Maxine Horton for a Xeriscape Certification and Grass Height Variance. On May 2, 2000, Council voted 7-0 to make the finding that, based upon a review of the City Code sections relevant to the appeal, the City's xeriscape certification and grass height variance program was improperly adopted. Accordingly, the Council found that the Hearing Officer incorrectly determined that the Water Utility's xeriscape certification and grass height variance program was a valid regulatory scheme. Based upon this finding, the Council voted 7-0 to modify the decision of the Hearing Officer. The Council directed the City Manager to repeal the City's current xeriscape certification and grass height variance program. Additionally, the Council directed the City Manager to provide research and information to the Council regarding the possible future adoption of an ordinance delegating authority to the Water Utility to adopt a xeriscape certification and grass height variance program. Finally, Council directed the City Manager to hold all pending applications for xeriscape certification in abeyance until the City adopts a new xeriscape certification program, or until the City Council determines that such a program will not be adopted. In 323 May 16, 2000 order to complete the record regarding the appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. 24. Resolution 2000-73 Updating the List of Names for Arterial and Collector Streets. With the various annexations in southeast Fort Collins over the years, there are segments of five roads that are now located entirely within the City boundaries. These roads are "section line" roads and, as such, are classified on the Master Street Plan as arterials. Section 24-91 of the City Code requires that all new arterials are to be named from the list of street names approved by the City Council. This list is a collection of names of citizens that the city would like to honor posthumously. The list is adopted by the City Council and names can be added only by a resolution of the City Council. The list of names has not been updated or amended since its adoption in 1985. With the adoption of both the Harmony Corridor Plan and the Fossil Creek Reservoir Area Plan, staff believes the southeast area of the city will rapidly develop. The time is ripe to begin the street renaming process in this area before future residents and employers would be impacted with street name changes. Staff has conducted three meetings with the property owners in the southeast area and has recommended names for the five affected arterials for Council to consider. 25. Resolution 2000-74 Making Appointments to the Youth Advisory Board. Two vacancies currently exist on the Youth Advisory Board due to the resignations of Steven Hill and Benjamin Brooks. Mayor Martinez and Councilmember Kastein reviewed the applications on file and are recommending Sarah Smith to fill the vacancy created by Steve Hill with a term to begin immediately and set to expire on June 30, 2001. The Council interview team is recommending Sarah April to fill the vacancy created by Benjamin Brooks to begin July 1, 2000 and set to expire on June 30, 2002. 26. Routine Deeds and Easements. A. Easement for construction and maintenance of public utilities from James Scott Christopher, located at 640 Peterson, to underground existing overhead electric services. Monetary consideration: $10. B. Easement for construction and maintenance of public utilities from Karen L. Wheeler, located 134 Sylvan Circle, to install an oval vault to underground existing overhead electric system. Monetary consideration: $170. 324 May 16, 2000 C. Easement for construction and maintenance of public utilities from Darrell Floyd Anderson, located at 126 Sylvan Circle, to install an oval vault to underground existing overhead electric system. Monetary consideration: $170. D. Deed of dedication for easement from James and Janet Gulley for a slope easement, located on the northwest comer of Trilby and Shields Streets. Monetary consideration: $10. E. Deed of dedication for easement from Mike and Cheryl Peregoy for a grading and drainage easement, located on the northwest corner of Trilby and Shields Streets. Monetary consideration: $10. F. Deed of dedication for easement from Dalco, LLLC for grading, utility, drainage and landscaping easement, located on the southwest corner Trilby and Shields Streets. Monetary consideration: $10. G. Deed of dedication for easement from Dalco, LLLC for temporary grading and drainage easement, located on the southwest corner of Trilby and Shields Streets. Monetary consideration: $10. H. Deed of dedication for easement from Dalco, LLLC for temporary turnaround easement, located on the southwest comer of Trilby and Shields Streets. Monetary consideration: $10. I. Deed of dedication for easement from Stephen D. Joyce for a utility and slope easement, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. Deed of dedication for easement from Stephen D. and David G. Joyce for a sight distance easement, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. K. Deed of dedication for right-of-way from Stephen D. and David G. Joyce, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. L. Deed of dedication for easement from Storm Mountain Corporation for a storm sewer easement, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. M. Deed of dedication for right-of-way from Hoffman Trust, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. 325 May 16, 2000 N. Deed of dedication for easement from Daniel Lloyd and Shirley E. Ellsworth for a slope and grading easement, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. O. Deed of dedication for easement from Link-N-Greens for a slope easement, located at the intersection of Mulberry Street and Lemay Avenue. Monetary consideration: $10. Ordinances on Second Reading were read by title by Chief Deputy City Clerk Hams. 7. Second Reading of Ordinance No. 43, 2000, Appropriating Unanticipated Revenue in the General Fund for the Library Outreach Program. 8. Second Reading of Ordinance No. 44, 2000, Amending the General Form for Petitions for Initiative. Referendum, and Recall. 9. Items Relating to an Intergovernmental Agreement with Great Outdoors Colorado for the "Expansion of the Cathy Fromme Prairie" Conservation Project. A. Second Reading of Ordinance No. 45, 2000, Authorizing an Intergovernmental Agreement with Great Outdoors Colorado for the "Expansion of the Cathy Fromme Prairie" Conservation Project and Authorizing the Execution of a Declaration of Convenants, Conditions, and Restrictions on a 139-acre Portion of the Cathy Fromme Prairie, as Required Thereby. B. Second Reading of Ordinance No. 46, 2000, Appropriating Unanticipated Revenue in the Capital Projects Fund 1/4 Cent Natural Areas Capital Project for Reimbursement Toward the Purchase Price of a 139-acre Portion of the Cathy Fromme Prairie Acquired in 1995. 10. Items Relatingto o Intergovernmental Agreements with Great Outdoors Colorado and Larimer County for the "Cathy Fromme Prairie" Conservation Project. A. Second Reading of Ordinance No. 47, 2000, Authorizing an Intergovernmental Agreement with Great Outdoors Colorado for the "Cathy Fromme Prairie" Conservation Project and Authorizing Execution of a Declaration of Covenants, Conditions, and Restrictions on an 80-acre Portion of the Cathy Fromme Prairie as Required Thereby. B. Second Reading of Ordinance No. 48, 2000, Authorizing an Intergovernmental Agreement with Larimer County Regarding the 80-acre Portion of the Cathy Fromme Prairie Acquired from Dan Jensen and Authorizing the Conveyance of an 11 % Undivided Interest in the Property to Larimer County as Required Thereby. 326 May 16, 2000 C. Second Reading of Ordinance No. 49, 2000, Appropriating Unanticipated Revenue in the 1/4 Cent Sales Tax for Natural Areas Capital Fund received from Larimer County and from a grant from Great Outdoors Colorado for the "Cathy Fromme Prairie" Conservation Project. 11. Second Reading of Ordinance No. 50, 2000, Authorizing the Purchase of 6 Acres at 3301 East Prospect Road for Natural Area Purposes and Authorizing the Lease of the Property to the Seller, MBI Corporation, for a Period of up to Four Years. 12. Second Reading of Ordinance No. 51, 2000, Amending Chapter 12, Article II, of the City Code Pertaining to Garbage and Refuse and Chapter 20, Article III of the City Code Pertaining to Weeds, Brush Piles and Rubbish. 13. Items Relating to the City's Fiscal Year 2000-2001 Community Development Block Grant and Home Investment Partnerships Programs. A. Second Reading of Ordinance No. 52, 2000, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 53, 2000, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnerships Fund. Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris. 14. First Reading of Ordinance No. 55, 2000, Appropriating Prior Year Reserves in the General Fund for Promotion of Convention and Visitor Activities and for Cultural Development and Programming Activities. 15. First Reading of Ordinance No. 56, 2000, Authorizing the Revision of the Legal Description of that Easement Conveyed to Wyoming Interstate Company Pursuant to Ordinance No. 58, 1999, to Accommodate Minor Field Changes During Construction. 16. First Reading of Ordinance No. 58, 2000, Amending the Code of the City to Increase the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee. 17. First Reading of Ordinance No. 59, 2000, Making Various Amendments to the City of Fort Collins Land Use Code. 327 May 16, 2000 18. First Reading of Ordinance No. 60, 2000, Authorizing the Placement of Fill Material on Certain Real Property Owned by the City Without Review of Such Activity as "Development" Within the Meaning of the Ci1ys Land Use Code. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow -mg Councilmember Mason highlighted Item #24, Resolution 2000-73 Updating the List of Names for Arterial and Collector Streets, and asked about the process for future naming of County roads. City Manager Fischbach spoke regarding the review of the street naming policy. CouncilmemberKastein spoke regarding the evaluation of the street naming policy. Councilmember Weitkunat commented regarding Item #14, First Reading of Ordinance No. 55, 2000, Appropriating Prior Year Reserves in the General Fund for Promotion of Convention and Visitor Activities and for Cultural Development and Programming Activities, and Item #19 Resolution 2000-68 Adopting the Recommendation ofthe Cultural Resources Board Regarding Fort Fund Disbursements, and suggested looking at where lodging tax monies are going and how the City funds arts in general in the community. Councilmember Bertschy requested a report from Arts Alive. Councilmember Mason requested a report on all funding mechanisms for the arts. Staff Reports City Manager Fischbach noted that the petitions to place the public nuisance ordinance on the ballot were insufficient. Councilmember Reports Councilmember Weitkunat reported on Growth Management Committee discussions regarding the South Taft Hill Road widening project, the growth management initiative, population triggers, and street naming. Councilmember Weitkunat also reported on a meeting with the Zoning Board of Appeals and commended the Board for its work. Councilmember Byrne reported on the North Front Range Transportation and Air Quality Planning Council discussions regarding the 2025 Regional Transportation Plan. 328 May 16, 2000 Councilmember Kastein reported on the discussions of the Poudre School District, City and County liaison meeting regarding the 2000 legislative session, the Poudre School District bond issue on the November ballot, Building Community Choices money for ballfields and parks, and Poudre High School traffic light issues. Ordinance No. 59, 2000 Making Various Amendments to the City of Fort Collins Land Use Code. Adopted on First Reading The following is staffs memorandum on this item. "Executive Summary Staff has identified a variety of proposed changes, additions and clarifications in the Spring biannual update of the Land Use Code. On May 4, 2000, the Planning and Zoning Board voted 7-0 to recommend adoption of the proposed changes to City Council. BACKGROUND: The Land Use Code was first adopted in March of 1997. Subsequent revisions have been made on a biannual basis to make changes, additions, deletions and clarifications that have been identified in the preceding six months. The proposed changes are offered in order to resolve implementation issues and to continuously improve the "user -friendliness " of the Code. Following is a brief synopsis of three substantive issues. A summary of all the issues follows the Ordinance. SUBSTANTIVE ISSUES: Amend the "maximum" parking standard for "General Office" of 3.0 spaces per 1,000 square feet ofgross leasable area. Problem Statement. The "General Office" land use is required to not exceed a maximum of 3.0 spaces/1,000 sq. ft. Office developers and tenants have indicated that the present maximum is too restrictive and should be raised. The latest trend in office development is to provide more employees per square foot than in the past. This is accomplished by efficiencies in office modules and equipment. 329 May 16, 2000 Proposed Solution: The proposed solution is to apply performance standards to increase the amount ofparking in the Harmony Corridor zone only. The objective is to allow an increase in parking and yet at the same time try to influence typical low-rise suburban office park design so that the principles of new urbanism can be implemented. The ratio of 3.0 can be raised to a maximum of 4.5 (which matches the ratio allowed for the ,'medical office" category) based on satisfying a range ofperformance criteria. There would be two ways to raise the parking maximum: Raise the ratio by 1.5 by constructing a parking structure capable of containing at least as many spaces as would be the difference between 3.0 and 4.5 spaces per 1, 000 sq. ft. Or, in lieu of a parking structure, provide any of the following three performance standards, either individually or in combination, each worth a .5 raise in the ratio with the possible maximum being capped at 4.5 spaces/1,000 sq. ft.: Raise the ratio by .5 by providing no more than 50% ofthe total parking between the front door and the street (as defined by big box standards). Raise the ratio by .5 by providing at least 50% of the total parking at the rear of the building (as defined in big box standards). Raise the ratio by .5 by providing parking lot perimeter landscaping in excess of what is required in 3.2.1 (Landscaping) by 50%. 2. Adopt new standards and permitting for stockpiling dirt prior to approval of a P.D.P. (Project Development Plan) and modify the definition of "development" accordingly. Problem Statement: Presently, the City experiences frequent problems with developers and their contractors wanting to stockpile currently available fill dirt on development sites and other properties in anticipation of future developments. The Land Use Code defines stockpiling off ll material as "development, " thereby requiring the approval of a P.D.P. prior to stockpiling. The opportunities to acquire fill material, however, do not always coincide with the timing for development. Therefore, a process to allow for controlled stockpiling of fill material is needed to provide flexibilityfor the optimum use of fill resources. M9111 May 16, 2000 Proposed Solution: Staff proposes to initiate a Stockpiling Permit that would allow for stockpiling of f ll materials on property prior to any development. The permit process would setup controlled conditions to keep stockpiling from being a nuisance or a hazard for the public. It is proposed that the City Engineer issue the permit and coordinate the input from all other departments. Since the majority of the impact from stockpiling involves erosion control, the Erosion Control Inspector would do the necessary inspection. The following are examples of the kinds of requirements the City Engineer might impose as a condition of allowing stockpiling: • Prevent the fill from being placed in a floodway, floodplain or other drainage area; • Require limited grading of the stockpile to stabilize the stockpile and prevent erosion from wind and water; • Protect natural habitats and features; • Protect neighboring properties; • Protect other public improvements. The Stockpiling Permit would not allow general grading, compaction and other construction activities. The Permit Fee would be nominal to cover some of the costs its administration. 3. Amend the Group Home section to(]) allow Group Homes in the Commercial zone district and (2) create a new "Large Group Care Facility "for over eight clients and removing the cap of 10 on the maximum number of clients. Problem Statement: Not allowing Group Homes in the Commercial zone was an inadvertent omission. The present cap of 20 clients does not accurately reflect modern trends in residential care/treatment programs. There are numerous residential structures that are capable of converting to Large Group Care Facilities but would be artificially capped. Proposed Solution: Add Group Homes to the Commercial zone district. Create and define anew land use called "Large Group Care Facility" that allows for more than eight clients. Lift the cap of 20 so as to remove an arbitrary number and allow the existingperformance standards in the Code to effectively review and evaluate this new use." City Manager Fischbach noted that there have been discussions relating to the portion of the ordinance concerning parking regulations. He spoke in support of adoption of the ordinance to allow flexibility to the parking ratios. He stated that a task force could be appointed to look at the parking issues. 331 May 16, 2000 Ted Shepard, Chief Planner, stated that this is the biannual update of the Land Use Code and spoke regarding the work on these issues. Les Kaplan, developer, spoke in support of creation of a task force to examine parking issues. He stated that adequate parking is a public interest issue and that restricting parking prevents new office construction at desirable close -in locations. He spoke regarding the benefits of adequate minimum parking requirements. Will Arduino, Public Affairs Manager at Hewlett-Packard, spoke regarding the need for minimum rather than maximum parking requirements and supported the creation of a task force to address parking issues. He spoke regarding the need for H-P to provide adequate parking for employees. Dan Bemth, Planning and Zoning Board member, spoke regarding the possible unintended consequences of establishing maximum parking requirements. He asked for additional discussion regarding parking issues. Mike Hauser, President of the Fort Collins Chamber of Commerce, expressed concerns regarding the parking issues and suggested additional discussion regarding these issues to ensure equity. He noted the impact of intemet sales on local businesses and stated that limitations on parking could contribute to driving businesses out of Fort Collins. He supported the creation of a task force. Bruce Hendee, BHA Design, 4803 Innovation Drive, spoke regarding the disincentives to business ofmaximum parking requirements and the impact of the requirement of 50% additional landscaping. Roland Mower, Fort Collins Economic Development Corporation, spoke regarding the impact of maximum parking requirements on new businesses. He supported the creation of a task force to look at parking issues. Councilmember Weitkunat asked if there is an immediate need to make parking code changes for the Harmony corridor. Shepard spoke regarding contacts with current and potential businesses on Harmony Road. City Manager Fischbach spoke regarding the number of projects in the planning stage. Councilmember Weitkunat asked if there is a process for a modification or variance regarding the parking requirements. Shepard spoke regarding the modification process. Councilmember Byme asked if Fort Collins is the only community with maximum parking requirements. Shepard stated that the purpose of a minimum requirement would be to protect the negative impact associated with spillover parking and that the key issue is location of the development. 332 May 16, 2000 Councilmember Byrne asked about the rationale and intent for maximum parking requirements and the impact of more intense uses. Shepard stated that one issue is the relationship between intensification of office buildings and the demand for services. Councilmember Kastein asked about the additional 50% landscaping requirement. Shepard spoke regarding the rationale for additional landscaping and the qualitative standard for parking. Mr. Hendee spoke regarding the landscaping at Hewlett-Packard and the problem of interpretation if definitions are not clear. City Manager Fischbach suggested that Council adopt the ordinance and allow staff to continue to work on the parking issues. CouncilmemberKastein asked about comments made regarding parking orientation. Shepard spoke regarding interpretations of requirements in campus type settings. Councilmember Mason spoke regarding the City Plan goal of greater predictability and problems relating to parking orientation. He supported language to clarify what the back and front of a property are and what specifically constitutes a 50% increase in landscaping. Councilmember Bertschy asked if there is any flexibility in the current requirements to account for the variability of businesses, structures, buildings and parking needs. Shepard spoke regarding the ability to make modifications. Councilmember Weitkunat stated that there is a need to increase the parking requirement to what is needed to ensure adequate parking and questioned the need for a maximum requirement if a parking structure is built. She stated that none of the options solve the problem and that she would support increasing the maximum requirement to 5 spaces per 1000 in the Harmony corridor with adequate performance criteria. Shepard spoke regarding the rationale for maximum parking requirements and performance criteria. City Manager Fischbach stated that the recommended changes have gone through a public process and that he would not recommend last minute changes to the proposed Ordinance. Councilmember Kastein spoke in support of establishing a task force to look at the parking issues. Mayor Martinez asked about the public process. Shepard outlined the public input process to solicit input from potentially affected interests. Councilmember Bertschy spoke in favor of adopting the 4.5 per 1000 parking requirement as a substantial improvement over the current requirement because of pending projects. Councilmember Mason stated that he would like to hear additional information before making the changes recommended by Councilmember Weitkunat and noted that there are public policy issues. Councilmember Kastein suggested a study session to look at the public policy issues 333 May 16, 2000 Mayor Martinez asked if medical offices must meet the proposed performance standards. Greg Byrne, CPES Director, stated that the proposed performance standards would apply only to the Harmony corridor and office users and that the intent is to look at broader parking issues from a public policy perspective. Councilmember Mason spoke regarding the tendency of some businesses to put in more parking than needed. Councilmember Weitkunat spoke in support of increasing the requirement to 5 per 1000 to meet the need. Mayor Martinez asked if the landscaping change would increase the cost per parking space. Shepard spoke regarding the different performance options. Mr. Hendee stated that the increase in the landscaping requirement would increase the cost per parking space. Mayor Martinez supported simplification of performance standards. City Manager stated that the recommendation is to approve the change as a substantial improvement and to continue to look at the parking and landscaping issues within a public participation process. Councilmember Byrne made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 59, 2000 on First Reading and amend the Ordinance to direct the City Manager to put together a representative task force with business owners to work on the issue of Harmony business parking in order to put together further refinements. Councilmember Byrne spoke regarding automobile dependency and the need to develop rules that will not impact business performance and that will promote transit oriented development. Councilmember Mason suggested a friendly amendment to include potentially affected interests and others on the task force. The motion maker and seconder accepted the friendly amendment. Councilmember Mason stated that the downtown area is already high intensity urban development and allowing parking on side streets is more acceptable than it would be in the Harmony corridor. Councilmember Kastein spoke in favor of a Council discussion of parking policy. Councilmember Bertschy stated that there should be a good public process to determine the true need. Councilmember Weitkunat spoke regarding the ongoing process of making realistic changes to City Plan and stated that she would prefer to make changes to reflect actual need. Mayor Martinez stated that this Ordinance would be an improvement and supported looking at the overall policy issues at a study session. 334 May 16, 2000 The vote on the motion to adopt Ordinance No. 59, 2000 on First Reading and to amend the Ordinance to direct the City Manager to put together a representative task force with potentially affected interests and others to work on the issue of Harmony business parking in order to make further refinements was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason and Weitkunat. Nays: None. THE MOTION CARRIED. Resolution 2000-71 Concerning Flood Protection Improvements for the Buckingham Neighborhood, Adopted The following is staffs memorandum on this item: "Financial Impact Final costs for the project are unknown at this time, and as final costs are identified City Council will be advised and asked to take appropriate action through either inclusion in the budget process or through a separate appropriation. Executive Summary The floodplain for the Cache la Poudre River encompasses the Buckingham neighborhood due to a flow split off of the main stem of the river just to the west of the Buckingham neighborhood. This floodplain includes some 76 residential and commercial structures. Inclusion in the floodplain presents the potential of flooding to the area and the hazards associated with it. These hazards include possible damages to private property and the potential loss of life. This area is also subject to floodplain regulations, which restrict the types of improvements that can be done to existing and new structures in the floodplain. The draft Cache la Poudre Drainageway Master Plan identified improvements to protect the Buckingham neighborhood from the hazards of flooding and remove the property from the floodplain and its regulations. These improvements include the construction of a berm or levee to the west of the Buckingham neighborhood between the main channel of the river and the neighborhood. Duringpublic outreach for the floodplain regulations for the Cache la Poudre River, concerns were raised with regard to the flood hazards and the effects of the floodplain regulations on the Buckingham neighborhood. This Resolution would identify the construction of the improvements to protect the Buckingham neighborhood as a high priority and would direct staff to pursue the design and construction of the necessary improvements as soon as reasonably possible. " 335 May 16, 2000 Bob Smith, Stormwater Utility Manager, presented a brief presentation regarding the agenda item City Manager Fischbach stated that the intent of the Resolution is to address concerns of the Buckingham neighborhood. Councilmember Weitkunat stated that the Resolution should not be considered prior to implementation of the floodplain regulations and that is unfair to remove one of the affected properties from the regulations when other properties will not be removed. Mayor Martinez asked if there are other residential neighborhoods that would be affected by the regulations. City Manager Fischbach stated that there are not. Councilmember Byrne stated that other properties could make changes that would allow them to be removed from the floodplain and asked about impacts to downstream properties. Smith stated that improvements would not be allowed to impact properties downstream. Councilmember Byrne asked about cost estimates and funding for improvements. City Manager Fischbach stated that there are no cost estimates and that funding would be contingent upon Council approval. Smith stated that funding sources would need to be determined. Councilmember Mason spoke regarding policy discussions that will soon occur regarding floodplain regulations and stated that the main purpose in adopting the Resolution is to send a message to the neighborhood that the City is interested in working on the neighborhood floodplain issues. Councilmember Bertschy asked for clarification that Buckingham is currently in the floodplain. Smith stated that the neighborhood is complying with floodplain regulations and the National Flood Insurance Program. Councilmember Weitkunat expressed a concern with selectively removing this property from the floodplain. City Manager Fischbach spoke regarding the affected properties and stated that there is no residential property affected in the entire floodplain within the City limits except Buckingham. Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Resolution 2000-71. Councilmember Byrne spoke regarding infrastructure in the area and stated that he would support the Resolution. Councilmember Kastein spoke about equity issues and the removal of properties from the floodplain. Councilmember Weitkunat stated that this property should be removed from the floodplain and that her issue is doing this prior to the adoption of the floodplain regulations. 336 May 16, 2000 Councilmember Bertschy spoke about the importance of sending a strong message to the neighborhood that the City is concerned about their protecting property values. Mayor Martinez noted that no other residential neighborhoods are affected. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez and Mason. Nays: Councilmember Weitkunat. THE MOTION CARRIED. Other Business Councilmember Kastein noted that he has received a letter regarding the Taft Hill Road extension. Adjournment The meeting adjourned at 7:48 p.m. f Mayor ATTEST: City Clerk .' 337