HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/15/2005 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
March 15, 2005
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming March 31, 2005 as "Cesar Chavez Day."
B. Proclamation Recognizing Joseph Akmakjian as the 2005 North Central Colorado Goodwill
Ambassador for the Muscular Dystrophy Association.
C. Presentation Recognizing Fort Collins as a"Take Pride in America Community."
Regular Meeting
6:00 p.m.
PLEDGE OF ALLEGIANCE
1. CALL MEETING TO ORDER.
2. ROLL CALL.
3. CITIZEN PARTICIPATION (limited to 30 minutes)
4. CITIZEN PARTICIPATION FOLLOW-UP:
This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised
during Citizen Participation.
5. AGENDA REVIEW: CITY MANAGER
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6. CONSENT CALENDAR.
The Consent Calendar consists of Item Numbers 7 through 24 . This Calendar is
intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent
Calendar and considered separately. Agenda items pulled from the Consent
Calendar will be considered separately under Agenda Item #31, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 026,2005,Amending Chapter 7.5 and Chapter 26 of the
City Code to Establish Requirements and Procedures for Utility Service Outside the Fort
Collins Growth Management Area.
Chapter 26 of City Code outlines a process in which water or wastewater service can be
provided outside city limits if certain conditions are met. City Plan Policy GM-5.1
discourages extension of utilities outside the City's Growth Management Area ("GMA")
unless the extension is consistent with City Plan and has a community benefit. Ordinance
No. 026, 2005, which was unanimously adopted on First Reading on March 1, 2005, will
clarify this ambiguity and require that the areas to be served outside the GMA must be
approved by City Council.
8. Second Reading of Ordinance No. 027, 2005, Appropriating Bond Proceeds in the Water
Fund.
A $4,150,781.22 non-interest bearing bond was issued to the City of Fort Collins Water
Utility Enterprise to acquire from the North Poudre Irrigation Company(NPIC)the property
and rights it owns that were necessary to proceed with the permitting and development of
the Halligan Reservoir Enlargement Project, however, no appropriation was done at that
time. The transfer and sale of the property to the City of Fort Collins closed on January 22,
2004. Because the debt consists of a non-interest bearing bond,the value of the investment
in the property is calculated at the net present value of the payment streams required in the
bond obligation, which results in an appropriation for $2,476,446.24 in constructive bond
proceeds. The City will commit to the annual payments, which includes the principal and
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the interest as imputed, for the next 27 years. The Water Utility will pay the debt primarily
from development fees paid to the City.
This Ordinance, which was unanimously adopted on First Reading on March 1, 2005,
appropriates the constructive bond proceeds to the Halligan Project.
9. Second Reading of Ordinance No. 028, 2005, Appropriating Unanticipated Revenue in the
Storm Drainage Fund for Projects to Reduce Peak Flows in the Spring Creek Basin.
The Spring Creek Stormwater Basin Master Plan identified several capital projects to reduce
the risk of flooding in the Spring Creek Basin. A $2,697,188 State of Colorado Division of
Emergency Management("CDEM")Grant has been awarded to the City for the construction
of some of the stormwater projects in the Spring Creek Basin. The projects to be constructed
with the grant include expansion of the Taft Hill, Rolland Moore and Southern Railroad
Detention Ponds and the stabilization of the Burlington Northern Railroad embankment. The
performance period for the grant is December 16, 2004 through December 31, 2006.
This new grant was made available from the CDEM through an agreement with the Federal
Emergency Management Agency for Pre-Disaster Mitigation ("PDM") projects. The Fort
Collins projects were selected through a nationwide competitive process and may be the first
in the nation to be awarded the PDM grant for a capital project.
The Ordinance, which was unanimously adopted on First Reading on March 1, 2005,
appropriates the grant proceeds to the Spring Creek PDM Capital Project.
10. Second Reading of Ordinance No. 029, 2005, Amending Chapter 15 of the City Code
Relating to the Definition of Outdoor Vendor Licensees Downtown Plan Area
Concessionaires.
Chapter 15, Article XIV of the City Code defines various terms used in that Article which
pertain to the licensing of"outdoor vendors." This Ordinance, which was unanimously
adopted on First Reading on March 1,2005, would establish a distinction between outdoor
vendors and "downtown plan area concessionaires." Staff recommends adoption of the
Ordinance, as it was the original intent to differentiate between the two different operations
when the Outdoor Vendor Ordinance was revised in 1994. The amendment to the Code
would reflect what the working procedure has been since1994.
11. Second Reading of Ordinance No. 030, 2005, Amending the Land Use Code by Adding
"Resource Recovery"Use to the Public Open Lands (P-O-L) Zoning District.
This Ordinance,which was unanimously adopted on First Reading on March 1,2005,would
amend the Land Use Code to add "Resource Recovery" to the P-O-L zoning district.
Resource recovery is defined as:
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"The process of obtaining materials or energy,particularly from solid waste".
Resource recovery complements existing uses in the Land Use Code related to waste
diversion, including recycling and composting facilities,but permits additional alternatives
to landfilling.
In the short-term, adding Resource Recovery to the P-O-L district will allow the Natural
Resources Department(NRD)to lease existing facilities at the Resource Recovery Farm to
Frontline Bioenergy for experimental research in extracting hydrogen from biomass
(specifically chipped tree branches). The 150-acre Resource Recovery Farm (RRF) is
located just south of East Prospect Road at I-25.
12. Second Reading of Ordinance No.031,2005,Amending Various Sections of the Fort Collins
Traffic Code.
At the time of the adoption of the Traffic Code,it was the understanding of staff and Council
that the Traffic Code would most likely be subject to future amendments, not only for the
purpose of clarification and correction of errors,but also for the purpose of ensuring that the
Traffic Code remains consistent with State traffic laws. The proposed amendments will:
• Renumber the speeding in a construction and school zones sections forplacement
in the speeding section of the Traffic Code, a more logical placement for these
provisions; and
• Renumber the funeral procession provision for placement in a more appropriate
section of the Traffic Code; and
• Provide a definition for "street rod" consistent with State statute.
Staff submitted the changes to Colorado Department of Transportation(CDOT)for approval.
CDOT has approved the ordinance changes as written.
Ordinance No. 031, 2005 was unanimously adopted on First Reading on March 1, 2005.
13. Second Reading of Ordinance No. 032, 2005, Adding Restitution Requirements to Section
1-15 of the City Code Relating to the General Penalty for City Code Violations and Traffic
Infractions.
This Ordinance, which was unanimously adopted on First Reading on March 1, 2005,
clarifies when restitution can be ordered as a condition of sentencing for violations of the
Municipal Code.
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14. Second Reading of Ordinance No. 033, 2005, Authorizing the Conveyance of a Non-
Exclusive Easement to LaFarge West, Inc. Over,Across and Under a Portion of the Poudre
Trail.
The City has constructed the Poudre Trail east and west of Taft Hill Road. The latest
segment was constructed west of Overland Trail on a strip of land that was donated by
LaFarge West, Inc. LaFarge still owns land abutting both sides of the Trail. The property
on both sides is being used for water storage and LaFarge has a need to connect between the
ponds on both sides of the trail. LaFarge is requesting easements for underground pipe
installation to convey water in 3 locations on the City-owned property. Each easement will
be 85 feet by 100 feet. City staff has reviewed the request and has no objections to the
requested easements. Ordinance No. 033,2005,was unanimously adopted on First Reading
on March 1, 2005.
15. Second Reading ofOrdinance No.034,2005,Authorizing the Lease of City-Owned Property
at 3829 East Prospect Road, Fort Collins, Colorado, to Frontline Bioenergy.
Vacant buildings suitable for industrial uses are located on the Resource Recovery Farm
property (RRF),which was transferred from Utilities to the Natural Areas program for use
as open space in 2003. Frontline BioEnergy, which is working to develop innovative
technology and integrate systems that convert biological waste materials (biomass) into
useful energy products such as hydrogen through thermal or microbial processes, is
interested in using certain of the buildings at RRF. Frontline BioEnergy offers proven
research methods, design and manufacturing expertise, and system integration. In
furtherance of the City Council adopted policy of encouraging development of and
implementing hydrogen-related projects in Fort Collins, and funds have been budgeted for
Utilities' use for hydrogen fuels projects. Utilities has proposed to use a portion of those
funds to assist Frontline BioEnergy in acquiring this lease space from the Natural Areas
program for the start-up of its operations.
The lease would include the following: both levels of the office, consisting of 2,106.88
square feet, 2,450.09 square foot section of the shop, and an outside area on which the
tenant would construct a temporary open front pole shed, together with a small amount of
parking area. Ordinance No. 034, 2005, was unanimously adopted on First Reading on
March 1, 2005.
16. Second Reading of Ordinance No. 035, 2005, Authorizing the Conveyance of a Non-
exclusive Easement Interest to North Weld County Water District for an Existing Waterline
Across the Vehicle Storage Building Property.
The Vehicle Storage Building Property is located at 701 Wood Street. There is an existing
North Weld County Water District waterline across the property that was installed in the
1960s without recorded documentation that City staff or North Weld County Water District
Staff can locate. The line was in place at the time the City acquired the property, and City
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staff likely knew of the existence of the waterline, as it continues across a number of other
properties owned by the City.
Both parties acknowledge that an easement document defining and providing notice of the
waterline easement needs to be executed and recorded. Ordinance No. 035, 2005, was
unanimously adopted on First Reading on March 1, 2005.
17. Second Reading of Ordinance No. 037, 2005, Repealing and Reenacting Article II of
Chapter 10 of the City Code Regarding Flood Hazard Areas.
This Ordinance, which was unanimously adopted on First Reading on March 1, 2005,
modifies the City Code to reflect changes to the floodplain regulations that balance risk with
regulation for floodplains citywide,excluding the Poudre River floodplain. Regulations for
the floodway(areas of the highest risk) are more restrictive than for areas in the floodplain
fringe and moderate risk areas. Regulations are more restrictive for new development and
less restrictive for existing development. Residential development has more restrictive
regulations than non-residential development. Areas of the lowest flood hazard, moderate
risk floodplains, are not subject to any restrictions.
Other changes to the Code include the incorporation of restrictions for erosion buffer zones,
which have previously been addressed in stormwater master plans. Revisions were also
made to bring the Code into compliance with current FEMA criteria. To make the City Code
more user friendly and easier to understand,the entire Flood Hazard article(Article II)was
rewritten and more details were added to clarify specific types of development activities and
the applicable floodplain requirements. The section regarding the Poudre River floodplain
has no policy changes but was changed to be in the same format.
Public outreach was completed during the formulation of the floodplain regulation changes
which included mailings, open houses, boards and commissions review and newspaper
articles.City Council discussed this item at its January 13,2004,and February 8,2005,study
sessions.
18. Items Related to Grant Funding for a Compressed Natural Gas Backup Compressor at the
Transfort Alternative Fueling Station.
A. Resolution 2005-021 Authorizing the Execution of an Intergovernmental Agreement
with the Colorado Department of Transportation for the Construction and Installation
of a Compressed Natural Gas Backup Compressor at the Transfort Alternative
Fueling Station.
B. First Reading of Ordinance No.038,2005,Appropriating Unanticipated Revenue in
the Equipment Fund and Authorizing the Transfer of Existing Appropriations in the
Equipment Fund for Construction and Installation of a Compressed Natural Gas
Backup Compressor at the Transfort Alternative Fueling Station.
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These actions are necessary to move forward with the installation of a backup Compressed
Natural Gas facility which will provide additional fast fueling capability and a redundancy
system in the event of a main compressor malfunction. This system will be critical in
Transfort's fueling capability, as Transfort continues to acquire additional Natural Gas
buses.
19. Resolution 2005-022 Establishing Rental Rates and Delivery Charges for the City's Raw
Water for the 2005 Season.
This Resolution approves rates for the rental and use of the City's raw water supplies. The
Water Utility uses these rates to assess charges for agricultural use, for various contractual
raw water obligations and for raw water deliveries to other City departments. Each year
prior to the irrigation season,the City's Water Board("the Board")makes a recommendation
to the Council regarding the raw water charges. The Board discussed the proposed rental
rates and charges at its February 24,2005 meeting. The proposed rate for each type of water
is based on several factors including market conditions and assessments charged by
irrigation companies.
20. Resolution 2005-023 Authorizing the One-Year Extension of a Lease of the City Ditch on
City-owned Property at 2005 North Overland Trail in Larimer County.Colorado to Larimer
County Canal No. 2 Irrigating Company.
This Resolution authorizes the extension of a lease to Larimer County Canal No.2 Irrigating
Company of the City Ditch on the City's old Water Works Property at 2005 North Overland
Trail Road. Although the original 1906 lease provided for an automatic renewal of the lease
for an additional 99-year term at the Ditch Company's option, the Council's authorization
at the time only authorized the lease for the initial 99 years. Pending resolution of this
matter for the long term, an extension for one year will allow the continued use of the City
Ditch for irrigation flows on the same terms as have been in place for the past 99 years, and
will avoid disruption of the right to run those irrigation flows in the City Ditch for the 2005
irrigation season.
21. Resolution 2005-024 Extending the Term of the Ad Hoc Compensation and Benefits
Committee.
The Committee has recommended that the Council extend its existence in order to allow the
City Manager to communicate with City employees regarding the Committee's
recommendations. The extension would be through April 26, 2005.
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22. Resolution 2005-025 Appointing Arbitrators to the Collective Bargaining Panel Pursuant to
Section 2-624 of the City Code.
Citizen-Initiated Ordinance No. 1, 2004, which was approved by City voters in April of
2004, created Section 2-624 of the City Code which provides for the establishment of a
permanent panel of arbitrators whose role will be to hear requests for binding arbitration.
This Resolution establishes the panel of arbitrators.
23. Resolution 2005-026 Filling a Vacancy on the Economic Vitality and Sustainability Panel.
On September 21, 2004 City Council adopted Resolution 2004-113 and endorsed the
establishment of an Economic Vitality and Sustainability Panel which shall: (a) serve as a
forum for the continued discussion of economic vitality and sustainability issues;(b)provide
information and advice to City Council, the City Manager and the Economic Advisor on a
regular basis; (c) provide guidance in the creation and implementation of a formal action
plan; (d) facilitate partnerships that lend organizational support for the implementation of
economic vitality and sustainability partnership strategies;and(e)report to City Council,on
an annual basis, progress achieved towards improving the economic vitality and
sustainability of the Fort Collins community.
Resolution 2005-026 appoints Gary Amato as a member of the Economic Vitality and
Sustainability Panel. Mr. Amato replaces former member Hank Gardner, who was forced
to resign his position due to schedule conflicts.
24. Routine Easements.
A. Easement from construction and maintenance of public utilities from Mulhge,LLC,
to install a 3 phase switch cabinet and padmount transformer to underground the
overhead electric system, located at 1412 East Mulberry. Monetary consideration:
$1500.
B. Easement dedication from FC Timberline Development,LLC,for a new screen wall
at 4502 John F. Kennedy Parkway. Monetary consideration: $0.
C. Sidewalk easement from The Landings Community Association, Inc., located on
Tract D, Whaler's Cove, Second Replat. Monetary consideration: $500.
***END CONSENT***
25. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on
the Consent Calendar.
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26. Staff Reports.
27. Councilmember Reports.
ITEMS NEEDING INDIVIDUAL CONSIDERATION
28. Second Reading of Ordinance No. 025, 2005, Amending Section 2-31 of the City Code so
as to Clarify That City Council Can Provide Direction to City Staff or Other Persons During
Executive Sessions. (5 minutes - no staff presentation)
This Ordinance,which was adopted as amended 6-1 (Nays: Councilmember Tharp)on First
Reading, amends Section 2-31 of the City Code pertaining to executive sessions to clarify
that Council can provide direction to City staff or other persons during the course of an
executive session with regard to the matters that are permissible for discussion in executive
session.
29. Resolution 2005-027 Expressing City Council's Support of the April 5,2005 Ballot Measure
to Renew the City's Street Maintenance Sales and Use Tax for Ten (10) Additional Years.
(20 minutes - 5 minute staff presentation)
On February 1, 2005, City Council placed a renewal of the City's Street Maintenance sales
and use tax on the April 5,2005 City election ballot. The current 1/4 cent sales tax has been
in place since voters approved it in 1997. The tax is set to expire December 31, 2005. By
seeking voter approval of the tax extension, uninterrupted funding of the program can be
assured. Ballot Issue No. 3 asks for voter approval to extend the tax for 10 years, with a
term running from January 1, 2006 through December 31, 2015.
The Street Maintenance Program provides funding for the repair and renovation of the City's
street system. All 475 miles of city streets are covered by the program including arterials,
collectors and residential streets. The program covers major maintenance and preventative
maintenance of streets including repairs, renovations and reconstruction when necessary.
Maintenance is also performed on curbs, gutters, bridges, sidewalks, parkways, shoulders
and medians.
The purpose of this resolution is to express City Council's support of Ballot Issue No. 3.
Renewal of the sales tax is a key component of the City's financial stability and the City's
ability to maintain a high quality, efficient transportation system.
30. Resolution 2005-028 Amending the Growth Management Area(GMA)Boundary to Include
the Fossil Creek Cooperative Planning Area CPA). (30 minutes - 5 minute staff
presentation)
This is a request to amend the Fort Collins Growth Management Area (GMA) boundary to
include the Fossil Creek Cooperative Planning Area(CPA), an area of approximately 2.25
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square miles. The CPA was identified as a location for a possible amendment to the GMA
boundary in the recently adopted update to City Plan (May 2004) and City Structure Plan
map. If approved by the City Council, the boundary amendment will be forwarded to the
Board of Commissioners of Latimer County for approval as amendment to the
Intergovernmental Agreement for the Fort Collins GMA.
31. Pulled Consent Items.
32. Other Business.
33. Adiournment.
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