HomeMy WebLinkAboutMINUTES-06/05/2007-RegularJune 5, 2007
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, June 5, 2007, 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: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Mayor Hutchinson recognized the Poudre High School National Science Bowl winners and
presented each winner a Key to the City.
City Manager Attebeny recognized the graduates of CityWorks 101, which was an eight -week class
that provided citizens with an in-depth perspective of City operations.
Citizen Participation
Nancy York, 130 South Whitcomb, urged Council to adopt a resolution calling for the withdrawal
of the United States from Iraq.
Matt Lawrence, 318 West Laurel, asked Council to pass a resolution calling for the withdrawal of
troops from Iraq as this was a local issue since a local man was recently killed in Iraq.
Jerry Dusbabek, 1125 Doral Place, stated his concerns with establishing an RTA that would tax Fort
Collins residents but build new exit ramps at the Windsor and Loveland exits to benefit businesses
outside of Fort Collins and remove more tax dollars from Fort Collins.
Zach Heath, 408 1/2 East Elizabeth Street, urged Council to consider a resolution calling for the
withdrawal of troops from Iraq as there seemed to be many citizens interested in this debate.
Monte Barry, 415 South Howes, asked Council to adopt a resolution urging the United States to
withdraw from Iraq immediately since the reasons for the war were all based on lies.
Joe Kissell, 913 West Oak, spoke against the war in Iraq and urged Council to adopt a resolution
calling for immediate withdrawal of U.S. troops as the war is draining the United States of money
and resources that could be used for the benefit of American people in need, such as Community
Block Development Grant funds.
Mary Smith, 1618 Sagewood Drive, invited the Council and City Manager to a public forum held
June 13th, hosted by State Representative John Kefalas, to discuss residential trash hauling and
recycling in Fort Collins.
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Citizen Participation Follow-up
Mayor Hutchinson stated a resolution urging withdrawal from the war in Iraq was not an issue
Council should address. It is a national issue and every citizen has a duly elected United States
Congressional Representative and Senator who are responsible for that national issue and should be
contacted. Council is a non -partisan group, elected on local issues to govern the City. No one ran
for office based on a position on a national issue.
Councilmember Roy stated it is appropriate for citizens to ask Council to consider this resolution.
Council often deals with issues dealing with national monies on a local level.
Agenda Review
City Manager Atteberry recommended Item #16 Resolution 200 7-05 7 Making Findings of Fact and
Conclusions Pertaining to the Appeal of Peter Schultz Regarding the Decision of the Building
Review Board as Contained in Resolution 2007-1 of the Building Review Board Pertaining to 505
Locust Street be withdrawn from the Consent Calendar to allow Councilmember Manvel to
withdraw from voting on this Resolution as he did not participate in the discussion of the item.
Mary Rose Bekkela, 13617 Elmore Road, Longmont, requested Item #15 Items Relating to the
Loveland -Fort Collins Municipal Airport be removed from the Consent Calendar.
CONSENT CALENDAR
Second Reading of Ordinance No. 065, 2007, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitor's Bureau.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates
lodging tax revenues that were in excess of 2006 budgeted lodging tax receipts to Cultural
Development and Programming ("CDP"), Visitor Events, and the Convention and Visitors
Bureau ("CVB") accounts. Lodging tax revenue for 2006 was estimated to be $610,521 and
the 2006 budget appropriated an equal amount. However, actual receipts totaled $841,586
for 2006 and the difference of $231,065 has not been appropriated.
Second Readingof f Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding
Certificates of Particivation ("COPs"). Series 2007 Representing Assigmnents of the Right
to Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated
as of May 1. 2007, Between the Fort Collins Leasing Corporation and the City of Fort
Collins for the Purpose of Refunding the 1998 and 1999 COPS and for Costs of Issuance of
the 2007 Refunding COPS.
The Finance Department monitors the interest rate environment for opportunities to refinance
the City's debt and achieve savings for the organization. This Ordinance, unanimously
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adopted on First Reading on May 15, 2007, appropriates in the Fort Collins Leasing
Corporation Debt Service Fund, $14,595,000 of proceeds from the 2007 Refunding COPS
issued for the purpose of refunding the 1998 and 1999 Certificates of Participation that were
originally issued for the construction of the City's Mason Street Parking Structure, the 215
North Mason Office Building and an off -site Police Facility and the payment of costs
associated with the 2007 refunding transaction. This refunding resulted in $997,419 in
savings to the City over the next 11 years. The refunding was also structured to realize
$759,907 of those savings in fiscal year 2007.
8. Second Reading of Ordinance No. 067, 2007, Amending Section 2-462 of the City Code to
Allow for Inclusion of a Member of the Larimer County Board of Commissioners on the
Board of Directors of the Downtown Development Authority.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, amends the City
Code to increase the number of members on the Downtown Development Authority Board
of Directors from nine to eleven, and designates that one of the additional seats will be
occupied by a member of the Larimer County Board of Commissioners.
9. Items Relating to the North College Avenue Improvements Project.
A. Second Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two
Parcels of Real Property on North College Avenue to the Department of
Transportation, State of Colorado.
B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a
Parcel of Real Property at North College Avenue and Willow Street to the Adjacent
Property Owner.
C. Second Reading of Ordinance No. 070, 2007, Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund To Record the Transfer of Real Property from
the Neighborhood Parkland Fund to the Capital Project Fund - North College Avenue
Improvements Project.
In 2003, the City completed the North College Avenue Improvements Project. This Project
included improvements to paving, sidewalks, pedestrian lighting, crosswalks, and drainage
in the area between North College Avenue and Jefferson Street. These Ordinances,
unanimously adopted on First Reading on May 15, 2007, complete the final transactions
needed for this project.
10. Second Reading of Ordinance No. 071, 2007, Vacating a Portion of Right-of-way as
Dedicated on the Plat of Rigden Farm Filing One.
The Rigden Farm development site is located south of Drake Road, east of Timberline Road
and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an
unnamed street would extend westerly beyond Kansas Drive between Custer Drive and
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Limon Drive. The street stub for this anticipated street was dedicated with Rigden Farm,
Filing One. Rigden Farm, Twelfth Filing Brooklyn Park Row Houses for which an
Administrative Hearing was held on February 12, 2007 shows that the street stub is no longer
needed and will be removed. Therefore, the right-of-way for the street stub is no longer
necessary. This Ordinance, unanimously adopted on First Reading on May 15, 2007, vacates
the right-of-way.
11. Items Relating to the CoMlletion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizingthe Federal Community Develooment Block Grant(CDBG)Program and
HOME Investment Partnership (HOME) Program Grants, and the City's Human Services
Program.
A. Second Reading of Ordinance No. 072, 2007, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Program.
B. Second Reading of Ordinance No. 073, 2007, Appropriating Unanticipated Revenue
in the HOME Investment Partnership Program.
Adoption of these ordinances, unanimously adopted on First Reading on May 15, 2007
completes the spring cycle of the competitive process for allocating City financial resources
(CDBG/HOME/Human Services funds) to affordable housing programs/projects and
community development activities.
12. Second Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and
Unanticipated Revenue Designated for Library Improvements in the Capital Improvement
Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the Citv's
Capital Projects Fund to Construct a Southeast Branch Library.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, appropriates an
additional $1.1 million for the branch library project. Staff is now estimating the cost of the
branch libraryproject, including furnishings, technology, books and materials at $6.6 million.
This is $1.1 million more than previously estimated. Funding is available from library
capital expansion impact fees, from library equipment and savings reserves and from
donations to the library. Adoption of this Ordinance appropriates $1.1 million from these
sources to the branch library project. Actual costs maybe less than estimated. The City will
only pay actual costs. Staff will work hard to contain actual costs without compromising the
quality of the project.
13. Second Reading of Ordinance No. 075, 2007, Appropriating Unanticipated Revenue from
the Fort Collins Regional Library District for Continuation of Library Services for Fiscal
Year 2007.
When Council approved the 2007 Budget last November, $1.2 million was also appropriated
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for library services. This appropriation was intended to serve as funding during the transition
of the library services from City operations to District operations. The District and the City
will need to approve an intergovernmental agreement prior to fall operations commencing
under the direction of the District. This ordinance, unanimously adopted on First Reading
on May 15, 2007, allows funding of library services to continue under City direction for
2007. The City will also be reimbursed for expenses incurred during the first quarter of
2007. From that point forward, the City will be reimbursed on a monthly basis. These
reimbursements will occur within thirty days after the close of the month during which the
charges were incurred.
14. Second Reading of Ordinance No. 076, 2007, Authorizing the Lease of Property at the Fort
Collins -Loveland Municipal Airport to Alliance Equinment Company. RLLLP, for the
Storage of Construction Equil2ment and Supplies.
This Ordinance, unanimously adopted on First Reading on May 15, 2007, authorizes a lease
to Alliance Equipment Company, RLLLP of two acres of Airport property for outdoor
storage of construction equipment and supplies.
15. Items Relating to the Loveland -Fort Collins Municipal Airport.
A. Resolution 2007-056 Authorizing the Execution of a Grant Agreement with the State
of Colorado for Funding of Airport Projects at the Fort Collins -Loveland Municipal
Airport.
B. First Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds
for the Fort Collins -Loveland Municipal Airport for Additional Capital and
Operating Expenses.
A grant from the State of Colorado in the amount of $250,000 has been offered to the Cities.
Approval of the grant is requested at the June 5th meeting in order to meet the State's
deadline for encumbering these funds prior to the end of the month, which is its fiscal year
end. The funds will be used for half of the Cities' matching funds for the FAA Grant and
partial reimbursement for a snow plow blade, equipment storage building, clean up of
contaminated soils, and pavement maintenance.
Additional appropriations in the amount of $592,110 are needed for Airport improvements.
16. Resolution 2007-057 Makina Findings of Fact and Conclusions Pertaining to the Appeal of
Peter Schultz Regarding the Decision of the Building Review Board as Contained in
Resolution 2007-1 of the Building Review Board Pertaining to 505 Locust Street
On April 11, 2007, Peter Schultz filed a Notice of Appeal to City Council appealing the
February 22, 2007 decision of the Building Review Board (hereafter `BRB") regarding the
use and occupancy of the building at 505 Locust Street as a duplex.
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On May 15, 2007, City Council voted to modify the decision of the BRB as stated in this
Resolution. In order to complete the record regarding this appeal, the Council should adopt
a Resolution making findings of fact and finalizing its decision on the appeal.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 065, 2007, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitor's Bureau.
Second Reading of Ordinance No. 066, 2007, Appropriating Proceeds from the Refunding
Certificates of Participation ("COPs"), Series 2007 Representing Assignments of the Right
to Receive Certain Revenues Pursuant to an Amended and Restated Lease Agreement dated
as of May 1, 2007, Between the Fort Collins Leasing Corporation and the City of Fort
Collins for the Purpose of Refunding the 1998 and 1999 COPs and for Costs of Issuance of
the 2007 Refunding COPs.
8. Second Reading of Ordinance No. 067, 2007, Amending Section 2-462 of the City Code to
Allow for Inclusion of a Member of the Larimer County Board of Commissioners on the
Board of Directors of the Downtown Development Authority.
9. Items Relating to the North College Avenue Improvements Project.
A. Second Reading of Ordinance No. 068, 2007, Authorizing the Conveyance of Two
Parcels of Real Property on North College Avenue to the Department of
Transportation, State of Colorado.
B. Second Reading of Ordinance No. 069, 2007, Authorizing the Conveyance of a
Parcel of Real Property at North College Avenue and Willow Street to the Adjacent
Property Owner.
C. Second Reading of Ordinance No. 070, 2007, Appropriating Unanticipated Revenue
in the Neighborhood Parkland Fund To Record the Transfer of Real Property from
the Neighborhood Parkland Fund to the Capital Project Fund - North College Avenue
Improvements Project.
10. Second Reading of Ordinance No. 071, 2007, Vacating a Portion of Right-of-way as
Dedicated on the Plat of Rigden Farm Filing One.
11. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant (CDBG) Program and
HOME Investment Partnership (HOME) Program Grants, and the City's Human Services
Program.
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A. Second Reading of Ordinance No. 072, 2007, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Program.
B. Second Reading of Ordinance No. 073, 2007, Appropriating Unanticipated Revenue
in the HOME Investment Partnership Program.
12. Second Reading of Ordinance No. 074, 2007, Appropriating Prior Year Reserves and
Unanticipated Revenue Designated for Library Improvements in the Capital Improvement
Expansion Fund and Prior Year Reserves in the General Fund for Transfer to the City's
Capital Projects Fund to Construct a Southeast Branch Library.
13. Second Reading of Ordinance No. 075, 2007, Appropriating Unanticipated Revenue from
the Fort Collins Regional Library District for Continuation of Library Services for Fiscal
Year 2007.
14. Second Reading of Ordinance No. 076, 2007, Authorizing the Lease of Property at the Fort
Collins -Loveland Municipal Airport to Alliance Equipment Company, RLLLP, for the
Storage of Construction Equipment and Supplies.
Ordinances on First Reading were read by title by City Clerk Krajicek.
15. First Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for the
Fort Collins -Loveland Municipal Airport for Additional Capital and Operating Expenses.
21. First Reading of Ordinance No. 078, 2007, Amending the City of Fort Collins Land Use
Code To Implement Transit Oriented Development.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson,
Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Ordinance No. 062, 2007,
Amending Chapter 26 Article IV of the City Code
to Revise Wastewater Pretreatment Program Requirements. Adopted on Second Reading.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance changes City Codeprovisions in order toprovide specific City Code supportfor two
programs currently in place, one new issue and some definition changes to align the Code with
current EPA language. The regulating of mercury waste into the wastewater system, and the
regulating of RV waste discharged into the wastewater system are programs that are currently in
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place. The proposed zero discharge changes are an outcome of the annual EPA Industrial
Pretreatment Program audit during which the EPA recommended the use ofzero discharge permits
to monitor certain businesses and directed the City to update some definitions.
Ordinance No. 062, 2007 was unanimously adopted on First Reading on May 1, 2007 and postponed
on Second Reading to June 5, 2007. It modifies the following wastewater industrial discharge
provisions of the City Code:
• Section 26-206 Definitions
Grab Sample —As directed by the EPA, the definition will be updated to be consistent with
the EPA definition. This modification will be more restrictive as a time limitation will be
specified where one did not previously exist.
Zero -Discharge - A definition of zero -discharge permit will be added to Code.
RV Wastewater - A definition of RV wastewater will be added to Code.
• Section 26-318 Sampling and analysis
As recommended by the EPA, the required period of records retention for industrial
pretreatment will be changed from three to five years.
• Section 26-343 Discharge limitations
Language will be added to provide the General Manager with authority to request records
from dental practices and obsolete language concerningdate ofinercuryprogram initiation
will also be deleted. This modification does not increase requirements on dental offices but
does clarify the General Manager's authority. This modification also provides a second
disposal option for dentists that is not currently available. It allows amalgam waste to be
disposed ofat licenced hazardous wastefacilitiesprovided it has been labeled appropriately.
Existing Code limits amalgam waste disposal to recycling facilities.
• Sections 26-308 and 26-309
Code will be modified to state that, when applicable, a zero -discharge permit may be issued
as the result of an industrial discharge permit application. The City Code modification
provides support for existing permit application requirements. "
Councilmember Troxell thanked staff for the background information provided and stated he had
concerns regarding mercury in the wastewater and the requirements for dentists to install a filter to
keep mercury out of the wastewater system. There was no documented evidence that mercury in the
wastewater system was traceable to dentists. The date presented in the background information did
not pinpoint the source of mercury in the wastewater. Some dentists do not discharge into the
wastewater system but have technologies to capture amalgam that is in their systems, but it is not a
filter. Regulating the dental community by requiring them to install a filter at the cost of $1500 per
dentist with no provision for any exemption to the requirement for the expensive filter was a
concern. This was over -regulation and imposed extra cost for implementing the solution to a
problem that does not seem to exist. Brian Janonis, Water Resources/Treatment Services Manager,
stated staff did not measure dental discharges directly from any specific dentist, but relied on
national surveys and national information, including a study done by the American Dental
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Association. The pretreatment ordinance has been effect since July 1, 2005 and since that time, there
has been a 30% reduction in mercury loading into the wastewater treatment plants.
Councilmember Troxell stated there were other contributors of mercury to the wastestream.
According to one website, there had been over 100,000 compact fluorescent light bulbs (CFLs) sold
this year in the Fort Collins -Loveland area. These bulbs each contain 5 milligrams of mercury that
could contribute to the presence of mercury in the wastestream. These CFLs could be an even
greater contributor of mercury to the wastestream than dentists as there are many fewer dentists in
the area. This seems to be regulating health care professionals in the community that do not need
to be regulated and yet the City encourages citizens to use CFLs that could contribute much more
mercury to the wastestream. There needs to be a way to be less punitive to professionals and
proactive to help the environment.
Councilmember Ohlson asked if adoption of the ordinance was bringing the City into compliance
with federal regulations or were the standards going "above and beyond" the federal regulations.
Janonis stated these revisions were bringing the City into compliance with the federal guidelines for
the pretreatment program.
Councilmember Ohlson asked if adopting the ordinance puts the City into compliance with either
federal requirements or with just requests or guidelines from the federal government. Janonis stated
at the last pretreatment audit by federal inspectors, the City was cited for exceeding the mercury
loading limits in the wastestream. The audit stated the City must take steps to control the mercury
limits.
Councilmember Ohlson asked for clarification as to why it is a good thing to allow hazardous waste
disposal of mercury as opposed to the recycling and reuse. Janonis stated there is a worldwide glut
of mercury on the market now, there is less and less demand for mercury and it is just stored in
warehouses. The European Union is recommending phasing out of the use of mercury totally
because of its hazardous nature and the best way to do that is to take it off the market by taking it to
a hazardous materials facility where it would be stored indefinitely in a safe manner.
Councilmember Ohlson asked if this was a better method rather than recycle and reuse. Janonis
stated that was correct. The material is so hazardous that it is better to take it out of the system.
Councilmember Manvel stated the revision to the standards allowed a choice for dentists to either
continue in their current method of disposal or disposing of amalgam at a licensed hazardous waste
facility. He asked if a dentist who does not put the amalgam waste into the City's wastewater is
required to install the $1500 filter. Janonis replied that no filter would be required in that case. The
Code pertains to dental amalgam that will reach the wastewater treatment system.
Mayor Hutchinson asked if an exemption would be necessary for a dentist who does not put the
amalgam waste into the City's wastewater. Janonis answered that an exemption would not be
needed.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
062, 2007 on Second Reading.
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June S, 2007
Councilmember Troxell stated his concern about City policies that encourage the use of products
such as the CFLs that use greater amounts of mercury which could impact the wastewater system.
Councilmember Manvel stated the City did need to encourage citizens to handle CFLs along with
the disposal of electronics which have heavy metals, in a responsible fashion.
City Manager Atteberry recommended staff prepare a report as to ways the City can keep hazardous
materials out of the wastestream, either the water system or the County Landfill.
Councilmember Ohlson stated mercury is not wanted in the water system and he supported the
motion.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Manvel, Ohlson,
Poppaw, and Roy. Nays: Brown, Troxell.
THE MOTION CARRIED.
Ordinance No. 078, 2007,
Amending the City of Fort Collins Land Use Code
To Implement Transit Oriented Development. Adopted on First Reading.
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified Transit Oriented Development (T.O.D.) as a development pattern that supports
compact urban growth, infill and re -development and multi -modal transportation. As a component
of the Spring 2007Land Use Code Update, T.O.D. represents a significant addition to the Codefor
a geographic specific area defined primarily as the Commercial zone south of Prospect Road. Key
standards address land use, density, height and compatibility. This addition to the Land Use Code
builds upon the establishment of the T.O.D. District and de -regulation of the required minimum
number of parking spaces for multi family adopted by Council in the Fall of 2006
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended 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 both the overall quality and "user friendliness "
of the Code. Since T.O.D. is a time -sensitive issue with regard to a Federal grant application, this
item has beenforwarded to Council independent ofother more minor Land Use Code changes which
will be considered by Council on June 19, 2007. "
Anne Aspen, City Planner, stated the goals of the Transit Oriented Development (T.O.D.) Overlay
are to facilitate T.O.D. development; to implement existing policies that promote infill and
redevelopment; and to "till the soil" for the Mason Corridor. Staff did in-depth research of other
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communities and discovered five consistent ingredients for successful T.O.D. development:
compact development; district orientation; a diversity of uses, especially mixed -use; a priority on
pedestrians; and ample civic spaces.
More public outreach has been conducted and staff has met with the local legislative action
committee at the Chamber of Commerce and an active group of citizens. Staff has focused its
attention on the part of the T.O.D. Overlay Zone that is south of Prospect. Aspen presented a map
showing the T.O.D. that encompassed areas of Downtown, CSU campus and the 1/4 mile walking
areas around the stations on the Mason Corridor. South of Prospect is primarily the C-Commercial
Zone District.
The ordinance contains two issues that are brought as clean-up from the Fall 2006 Land Use Code
amendments. One adds two parcels to the north end of the Overlay Zone that were overlooked when
staff initially defined the outline of the T.O.D. Overlay Zone. One parcel is a potential site for the
Discovery Center and the other is a small development parcel on Cherry Street. The other clean-up
item adds mixed -use units to the minimum parking requirements for multi -family development
units.
Councilmember Ohlson asked about the reasoning for adding the Cherry Street Station property and
the neighboring site on Cherry to the T.O.D. Overlay Zone and why is changing the parking
standards for the mixed -use dwellings a good idea. The objective perfonnance standards to allow
buildings to increase in height needed to be higher. It was too general to say that by adding certain
parking or 10% affordable housing, then the building can be built up to three stories for different
purposes. He also asked for further information about the enhanced streetscape standards and why
side parking has been removed from the standards. These are substantive changes, not housekeeping
issues. He asked for more information on the Planning and Zoning Board's comment that these
changes would "allow a bit more architectural creativity, including pre-fab architectural metal
panels." He questioned why there was a change in the requirement for display windows. He
requested the answers in writing.
Councilmember Manvel asked if Section 3.10.2.,which does not allow enclosed mini -storage, would
allow bike containers such as are found in the parking structures.
Councilmember Troxell asked what was the impact of the Code changes on auto dealers as there
were several auto dealers located on College, south of Prospect. He noted staff had called the Land
Use Code "user friendly" and questioned the meaning of that term. He stated the Land Use Code
should be predictable and consistent, not arbitrary.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
078, 2007, on First Reading.
Councilmember Roy stated his concern with the criteria regarding building heights and asked for
clarification on that standard.
Councilmember Ohlson stated considering the T.O.D. Overlay is important as it affects the potential
for $54 million in federal funding for the Mason Corridor. He stated the Land Use Code was
June 5, 2007
developed to be more "user friendly" and predictable but part of being more predictable is that the
Code is more proscriptive. That does not mean there are not alternatives to meeting the Code
requirements as long as the alternatives were equal to, or better than, the Code requirements but there
would not be a lessening of the Code requirements.
The vote on the motion was as follows: Yeas:
Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Councilmembers Brown, Hutchinson, Manvel,
Items Relating to the Loveland -Fort Collins Municipal Airport,
Adopted on First Reading.
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Adoption of this ordinance would appropriate the City's 112 share of the grant proceeds from the
State of Colorado Division of Aeronautics ($125, 000); reimbursement funds from tenants of the
Airport Industrial Park ($155,000); and Fort Collins -Loveland Airport prior year reserves
($16, 055), to be used for additional capital and operating expenditures that were not included in the
Airport's 2007 Budget.
EXECUTIVE SUMMARY
A. Resolution 2007-056 Authorizing the Execution of a Grant Agreement with the State of
Colorado for Funding of Airport Projects at the Fort Collins -Loveland Municipal Airport.
B. First Reading of Ordinance No. 077, 2007, Authorizing the Appropriation of Funds for the
Fort Collins -Loveland Municipal Airport forAdditional Capital and Operating Expenses.
A grant from the State of Colorado in the amount of $250,000 has been offered to the Cities.
Approval of the grant is requested at the June 5th meeting in order to meet the State's deadline for
encumbering these funds prior to the end of the month, which is its fiscal year end. The funds will
be used for half of the Cities' matching funds for the FAA Grant and partial reimbursement for a
snow plow blade, equipment storage building, clean up of contaminated soils, and pavement
maintenance.
Additional appropriations in the amount of $592,110 are needed for Airport improvements.
BACKGROUND
The Airport's 2007 Budget included the FAA $1 Million Entitlement Grant as well as the 5%
matchingfunds. However, the Airport's Budget did not include the $250,OOOState Grant, which was
not known at the time of the budget preparation. It is now being offered to the Cities and work
associated with the Grant is included in the Supplemental request. The grant contract is on file with
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the City Clerk's office and is available upon request.
The Capital projects to be completed with these funds have been identified as high priority by the
Cities, FAA and State Division of Aeronautics. Notable projects being completed with these funds
include: construction of a new taxiway which will open up a new area of the Airport for
development; reconstruction of the cross wind runway; drainage improvements to mitigate storm
water run offproblems; reconstruct failing taxiways in the hangar area; and purchase of a storage
facility for Airport snow removal equipment.
Also included in the request are funds to hire a new Airport Operations and Maintenance
Supervisor. It has been determined that the current Airport staffing structure does not include
enough adequately trained personnel to meet the minimum FAA requirements for FAR Part 139
Certificated Airports. In order to meet minimum requirements the new position is being created.
The supplemental request of $27, 000 will be used for salary and benefits from August 1st to the end
of the year. This full time, benefited position will be included in next year's budget.
An additional appropriation in the amount of $592,110 is needed to cover the expenditures. The
revenue sources are the $250, 000 State Grant, reimbursement in the amount of $310, 000 from the
Industrial Park tenants for 100% of the cross wind runway reconstruction expenses and $32,110
from the Airport's fund balance. "
Mary Rose Bekkela, 13617 Elmore Road, Longmont, representative of the Falcon T Hangar
Association located at the Fort Collins -Loveland Airport, stated the Association has been
renegotiating its lease for the past nine months. It has been given very broad reasons as to why the
Airport cannot renegotiate the lease. She stated Dave Gordon, Airport Manager, had been unable
to inform the Association what are the plans, according to the Airport Master Plan, for its area of the
T Hangars but the pavement in that area is to be redone. That is part of the funding included in the
Capital Expense Analysis. The Analysis contained a large amount of funds for repaving in that area
of the hangars, yet it was unclear what will happen in the future for that particular area of the Airport.
She questioned the amount of funds being allocated for items that may not necessarily exist in the
future.
Mike Freeman, Interim Chief Financial Officer, stated that it had not yet been determined exactly
how all the properties on site at the Airport will be developed according to the Airport Master Plan.
The capital improvements listed on the Capital Expense Analysis need to occur, whether or not the
T Hangars are reconstructed. There are many lease issues at the Airport that are being addressed by
the two cities and the Airport Steering Committee. Two long-standing lease proposals were
approved by the Airport Steering Committee last month but the Steering Committee has agreed to
cease consideration of any other leases until the uncertainty of the future of the hangars is resolved.
Ms. Bekkela stated there are many lease issues, but nothing is being resolved. There are situations
where the City owns portions of an entire string of hangars and private parties own portions of that
same string of hangars. The Assessor has valued the Association's hangar at $43,000 so there is
value in that property. The leases should be negotiated before money is spent refurbishing taxiways
in front of the hangar. As an owner, she pays rent on the land the hangar sits on, as well as an apron
rent. When the paving is done, part of the paving will be hers to pay for as part of her lease.
June 5, 2007
Mayor Hutchinson asked how the lease negotiation related to the Airport grant appropriation being
considered. It seemed lease negotiations should come before the Airport Steering Committee, but
did not pertain to this grant appropriation ordinance. Freeman stated that was correct. The item
before Council was requesting appropriation of prior year's revenue and new grant revenue this year.
Lease negotiation is separate from this issue.
Mayor Hutchinson stated he and City Manager Atteberry are on the Airport Steering Committee and
it is diligently working on the lease issues and implementing the Airport Master Plan. The lease
negotiation issue should be directed to the Airport Steering Committee but it is not relevant to
consideration of the appropriation of grant proceeds for general purposes.
Councilmember Manvel asked if there was a timeline for resolution of the issues with the lease
holders. Ms. Bekkela stated her understanding was the repaving would be done this summer. Her
lease was up in September so she would have to pay for a portion of the repaving through her rent.
If her lease is not renewed, then the appropriation would directly affect her.
Mayor Hutchinson reiterated that lease negotiation was a subject forthe Airport Steering Committee.
City Manager Atteberry agreed it was an issue for the Airport Steering Committee and not for
Council consideration.
Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Resolution
2007-056. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Councilmember Brown made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 077, 2007 on First Reading. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Resolution 2007-057
Making Findings of Fact and Conclusions Pertaining to the Appeal
of Peter Schultz Regarding the Decision of the Building Review
Board as Contained in Resolution 2007-1 of the Building
Review Board Pertaining to 505 Locust Street, Adopted.
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
On April 11, 2007, Peter Schultz filed a Notice of Appeal to City Council appealing the February
22, 2007decision ofthe Building Review Board (hereafter "BRB') regarding the use and occupancy
of the building at 505 Locust Street as a duplex.
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June 5, 2007
On May 15, 2007, City Council voted to modify the decision of the BRB as stated in this Resolution.
In order to complete the record regarding this appeal, the Council should adopt a Resolution
making findings offact and finalizing its decision on the appeal.
The Appellants' notice of appeal was based on the allegations that the following decisions of the
BRB were incorrect:
Its determination NOT TO REQUIRE the principle "Party -in -Interest " and owner of the
"Subject Premises ", Jeanne Bolton, to obtain a permit to convert the propertyfrom a single
family dwelling unit into a two-family dwelling or "duplex".
2. Its determination NOT TO REQUIRE Ms. Bolton to obtain a permit for alterations and
improvements to the property, such as the installation of stair railing, wiring for smoke
alarms, and the enlargement of basement exit windows.
3. Its determination NOT TOREQUIREfire-rated barriers within the dwelling and NOT TO
REQUIRE one or more permits thereafter.
4. Its determination NOT TO REQUIRE the payment of unspecified fees for conversion and
related alterations to the building from a single-family dwelling into a duplex; as well as the
BRB's determination that it DOES NOT HAVE JURISDICTION to consider and decide
this particular question.
At the May 15, 2007 hearing on this matter, Council considered the testimony of City staff, the
appellant and applicant and their counsel. In subsequent discussions at this hearing, Council voted
to uphold and further modify the decision of the BRB to include the following findings and
conclusions:
The incorrect references to the Uniform Building Code in the BRB's Resolution 2007-1 are
to be modified to the International Residential Code.
2. The BRBs decision that the Building Officialproperly required issuance ofbuildingpermits
for certain improvements is upheld.
3. The BRB's decision in Resolution 2007-1, that the BRB lacked jurisdiction under the
International Residential Code (IRC) to consider the appellant's appeal is upheld insofar
as that decision was made solely upon Section R112.2 of the IRC, which limits appeals to the
BRB to either applicants or holders of a building permit.
4. The decision of the BRB is modified to state that the Rental Housing Code affords the BRB
jurisdiction to provide final interpretations of all provisions of the Rental Housing Code.
Furthermore, that the BRB should have examined the applicability of the City's Land Use
Code and Building Codes to ascertain whether the applicant was or is required to obtain
formal City approval for conversion of the subject property to a duplex.
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June 5, 2007
5. Based upon the Council's examination of IRC Section R101.2, the present owner has
engaged in no activity toward the conversion of the propertyfrom a single family to a duplex
to trigger the application of the IRC. Furthermore, upon examination of the definition of
"development " in Article 5 of the Land Use Code, the owner has not engaged in any activity
that would constitute "development "as the owner has not increased the intensity of the use
of the land with the addition of more dwelling units, having purchased the property in 1984
as a duplex.
6. Although the BRB had jurisdiction under the Rental Housing Code to consider the question
as to whether or not the applicant is required to obtain either a building permit or
development approval and pay related fees, no building permit or development approval was
required because no conversion of the building from a single-family residence to a duplex
was sought by the applicant. All required building permits for alterations were obtained in
accordance with City law."
Councilmember Manvel withdrew from Item # 16 Resolution 2007-05 7MakingFindings ofFact and
Conclusions Pertaining to the Appeal of Peter Schultz Regarding the Decision of the Building
Review Board as Contained in Resolution 2007-1 of the Building Review Board Pertaining to 505
Locust Street due to a conflict of interest.
Felix Lee, Director of Neighborhood and Building Services, stated there were some questions raised
at the appeal as to the current procedure for conversions and how staff should consistently treat non -
documented conversions. Some concerns raised during the appeal were whether staff should
consider implementing a different process for older conversions that were done prior to accurate
records or should consideration be given to retroactively collecting all fees for undocumented
conversions to include development review fees, building permit fees, capital expansion fees, plant
investment fees and other fees. Currently, a conversion proposal must go through a development
review process that determines if the conversion is allowed in its current zoning. If so, depending
on the property's zoning, the proposal goes through an administrative review involving the hearing
officer, or has a public hearing before the Planning and Zoning Board. Some zones only require a
building permit process with no other review necessary. Since 1964, the zoning ordinance has
required some accommodation for off-street parking. Once the conversion proposal received
approval, then a permit process might be required for construction work and applicable fees would
be charged, including building permit, capital expansion and plant investment fees for the utility
infrastructure. After fees were paid and construction was completed, there would be a final
inspection and a certificate of occupancy would be issued.
One possible solution to address the issue of undocumented conversions is to amend the Land Use
Code and the Rental Housing Standards to change the wording from "maximum number of
occupants per dwelling unit" to "maximum number of occupants per legal dwelling unit." A legal
dwelling unit would be one that had been through the City's development process. Another proposal
for conversions done after 1965 is to require an owner to provide proof of legal conversion if a
complaint of over -occupancy is received. Proof would consist of an approved development review
and permit records, including a certificate of occupancy.
A suggested approach for undocumented conversions would be, if the conversion occurred before
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June 5, 2007
1965 or some other chosen year and if required documentation cannot be obtained, requiring the
property, at the minimum, to meet minimum health and safety standards in the Rental Housing
Standards, to obtain the necessary building permit and certificate of occupancy and to pay any
applicable fees, based on conversions or alterations required as a result of an inspection. If the
conversion occurred after 1965, undocumented conversions would be assessed all fees in place at
the time the property was converted as was the case at the appeal. An update of the Rental Housing
Standards is scheduled for the August 14 work session and it will include these proposed changes.
City Attorney Roy stated this proposed change to the Rental Housing Standards is not part of the
Resolution before Council. The Resolution is a summary of the decision made at the appeal hearing
and the reasons why the decision was made. The appeal was about how the existing Code provision
should be interpreted. This proposed change is an attempt to clarify what kind of follow-up staff
should work on and what issues should be explored with regard to possible revisions to the Code.
He asked Council to take formal action on the Findings Resolution, then address the proposed
changes and whether it was the direction Council wanted to take.
Mayor Hutchinson stated the proposed solutions were responsive to the questions raised during the
appeal and sets the stage for later discussion.
Councilmember Roy stated he had concerns with dwellings built before 1965 that have been
converted, especially those located in the Old Town area. The proposed requirements on those older
conversions seemed minimal. He asked if the fees assessed on an undocumented conversion, based
on the fees in place at the time the property was converted would be assessed in 1965 dollars or in
2007 dollars i.e., would inflation be included.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2007-057. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Ohlson suggested the City form a communitytask force to discuss holiday displays.
He asked for a community task force to be formed to study the issue of trains going through the City,
looking at the issue of whistle noise, the length of trains, the number of trains, the switching yards,
and the possibility of overpasses or underpasses. He asked the City to consider contributing Open
Space funds to Hermit Park. The County has been raising money from both the public and private
sectors to purchase this area.
City Manager Atteberry stated Tess Heffernan is the staff responsible for the holiday display
community task force. She has developed an outline of the scope of work for the task force and that
outline will be provided to Council. A task force to discuss the problems caused by trains will be
formed. Many complaints regarding the trains are received by the Manager's Office. City Manager
Atteberry had recently sent a letter to the railroads, asking them to be "careful" about the use of
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June 5, 2007
whistles. There is potential for the City to partner with Larimer County in the purchase of Hermit
Park, a premier area. He will discuss the option with Natural Resources and report to the Council.
Mayor Hutchinson stated there was a narrow window of time to approve Open Space funds and
asked if a resolution was needed to approve the use of the Open Space funds. City Attorney Roy
stated the only Council action required would be appropriation of the funds, unless there is specific
language in the ballot language that approved Open Space funds to the contrary. The acquisition of
the property interests would not normally require Council approval; it is the disposition of property
interests that requires Council approval.
City Manager Atteberry stated, since Council wished to move forward with contributing Open Space
funds for the acquisition of Hermit Park, he would confer with Natural Resources and Larimer
County and report to the Council.
Councilmember Ohlson stated the 2002 ballot language for Open Space funds might require Council
approval for contribution of Open Space funds.
Councilmember Manvel asked if this would be a contribution to the County for the purchase of
Hermit Park, where the County would own the land or would the City have a property interest in the
area. City Attorney Roy stated he believed the ballot language stated the funds were for acquisition
of property interest but he would clarify that issue.
Councilmember Brown expressed his thanks to all military personnel and, in honor of Memorial
Day, proposed the designation of an upcoming park or a redesignation of a current City park as a
Veteran's Park to honor the heroes who have served the United States.
Councilmember Ohlson stated Edora Park has a Veteran's Memorial already and might be a good
place to consider the proposal.
Councilmember Poppaw urged the holiday display task force to include input from the Human
Relations Commission in the task force outreach.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, that the Council
adjourn and reconvene after the conclusion of the work session for the purpose of considering other
business. Yeas: Councilmembers Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: None.
THE MOTION CARRIED.
(**Secretary's Note: The Council adjourned to the work session at 7:45 p.m. and reconvened
following the work session at 11:50 p.m..)
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, that the Council
adjourn to 6:00 p.m., Tuesday, June 12, 2007 for the purpose of considering additional business,
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June 5, 2007
including a possible executive session relating to personnel matters. Yeas: Councilmembers Brown,
Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: None.
THE MOTION CARRIED.
Adiournment
The meeting adjourned at 11:55 p.m.
r
Mayo
ATTEST:
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