HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/01/2005 - REGULAR MEETING AGENDA (SUMMARY) AGENDA
OF THE
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
March 1, 2005
Proclamations and Presentations
5:30 p.m.
A. Proclamation Proclaiming March 2005 as "Women's History Month."
B. Proclamation Proclaiming March 1, 2005 as "Poudre School District K-12 Student Day."
C. Proclamation Proclaiming March 7-11, 2005 as "Disability Awareness Week."
D. Presentation of"Preserve America" Certificate to the Questers Organization.
E. Presentation Recognizing Ilene Yokoyama Reed, Governor's Minority Business Office
Director, for her contributions on behalf of the Governor's Minority Business Advisory
Council.
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 20. 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 #28, Pulled Consent
Items. The Consent Calendar consists of:
1) Ordinances on First Reading that are routine;
L2) Ordinances on Second Reading that are routine;
3) Those of no perceived controversy;
4) Routine Administrative actions.
CONSENT CALENDAR
7. Consideration and approval of the regular Council meeting minutes of February 1, 2005.
8. Second Reading of Ordinance No.019,2005,Amending Chapter 20 of the City Code to Add
a New Article Relating to Nuisance Gatherings.
The Nuisance Gatherings provision creates a new misdemeanor criminal offense directed at
social gatherings or parties that result in nuisance behaviors occurring on neighboring
properties. These amendments would be in conjunction with continued efforts to more
effectively and proactively enforce current nuisance laws, including loud parties, code
compliance issues and the Public Nuisance Ordinance. Ordinance No. 019, 2005, was
adopted 6-0 (Councilmember Bertschy was absent)on First Reading on February 15, 2005.
The motion included direction to incorporate on Second Reading an amendment regarding
party guest responsibility for costs of abatement. Staff has drafted a separate Ordinance(see
Item#16) to specifically address that issue.
9. Second Reading of Ordinance No. 023, 2005,Appropriating Unanticipated Grant Revenue
in the General Fund for the Latimer County Drug Task Force.
The Latimer County Drug Task Force("Task Force")includes Fort Collins Police Services,
Loveland Police Department, Latimer County Sheriff's Department, Drug Enforcement
Administration, and the Colorado State University Police Department.
Fort Collins Police Services applied to the Office of National Drug Control Policy on behalf
of the Task Force for federal grant monies to help fund the investigation of illegal narcotics
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activities in Larimer County. The City has recently received notification of the grant award
in the amount of$45,000. These funds will be used to help offset the overtime costs of each
participating agency.
This appropriation is not a request to identify new dollars for the Fort Collins Police Services
2005 budget. This action appropriates the $45,000 in new federal grant money. As the
administrator of this grant, Fort Collins Police Services will assure participating agencies
receive their share of the funds.Ordinance No.023,2005,was adopted 6-0(Councilmember
Bertschy was absent) on First Reading on February 15, 2005.
10. Second Reading of Ordinance No.024,2005,Amending Various Sections of the City Code
to Define the Term "Growth Management Area" and to Replace the Existing References to
"Fort Collins Urban Growth Area" with Said Term.
This Ordinance, which was adopted 6-0 (Councilmember Bertschy was absent) on First
Reading on February 15, 2005, adds to Chapter 1 of the City Code a definition of the term
"Growth Management Area". The City Charter contains a definition of the term "Fort
Collins Urban Growth Area" and the new"Growth Management Area"definition references
and includes that Charter definition. The term "Growth Management Area" is the more
commonly accepted and currently used term and this change will update the Code
accordingly. Also,there are two references in the City Code to the term"Fort Collins Urban
Growth Area" and these references are revised to instead reference the newly added term,
"Growth Management Area".
11. First 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
the interest as imputed, for the next 27 years. A payment schedule is attached. The Water
Utility will pay the debt primarily from development fees paid to the City.
This Ordinance appropriates the constructive bond proceeds to the Halligan Project.
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12. First 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 appropriates the grant proceeds to the Spring Creek PDM Capital Project.
13. First 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 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.
14. First Reading of Ordinance No. 030, 2005, Amending the Land Use Code by Adding
"Resource Recoverv" Use to the Public Open Lands (P-O-L) Zoning District.
This Ordinance would amend the Land Use Code to add"Resource Recovery"to the P-O-L
zoning district.
Resource recovery is defined as:
"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
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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.
Staff recommends that"resource recovery"be added to the Land Use Code as an allowable
use subject to administrative review.
15. First Reading of Ordinance No. 031, 2005, Amendin¢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 for placement
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 will submit the changes to Colorado Department of Transportation (CDOT) for
approval. As these amendments are not substantive, it is anticipated that CDOT will
approve.
16. First Readinf 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.
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17. First Reading of Ordinance 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 Faun
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.
18. First 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 PropertK
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
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.
19. Resolution 2005-019 Authorizing a Revocable Permit for a Period of Five Years on Property
Owned by the City for the Purpose of Seeding and Irrigating a Future Park Site.
With the intention of providing a future neighborhood park within the recently approved
Trail Head development (the "Development"), the City purchased Tract H (the "License
Area") from Trail Head Inc. (the "Developer").
This proposed License will allow the Developer, at the Developer's expense, to install an
irrigation system and seed the License Area in grass which will be a blend approved by the
City. This "greening" of the future park will be done to coincide with the Developer's
construction of the Development. In addition,the Developer will be responsible for the cost
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of the maintenance of the irrigation system, regular mowing of the grass and the cost of
sufficient water to irrigate the License Area during the term of the License.
Providing this green space will offer an immediate benefit to the property owners as
development occurs and delays the City's obligation for park maintenance for five years.
The City's Park Planning and Development staff will meet with the neighbors to develop a
plan for the park as the year 2010 approaches. The City purchased this 4 acre neighborhood
park site in February, 2005.
20. Resolution 2004-020 Supporting City Participation in the Mark of Distinction for Character
Development through Youth Sports.
In 2001,the City of Fort Collins adopted Resolution 2001-117 naming Fort Collins as a City
of Character. Recognizing that good character is the principal foundation for personal,
family and organizational success,the City has joined Character Fort Collins in its effort to
facilitate the development of good character throughout the community.
An area that has generated specific attention is that of youth sports programs. Organized
youth sports programs are one of the greatest resources available for instilling valuable life
skills in youngsters. Unfortunately, the climate surrounding some of today's programs has
become less than ideal. In an effort to further develop good character in youth sports,
Character Fort Collins, Colorado State University, Poudre School District, Healthier
Communities Coalition of Larimer County and the City of Fort Collins are partnering to
develop a "Mark of Distinction" program. Organized youth sports teams, including
recreational, club and interscholastic, will be eligible to receive the "Mark of Distinction"
based on criteria to be established by the partner organizations. The criteria will promote
character development and ethical behavior of athletes, coaches, parents, fans and team
administrators.
This Resolution confirms the City's participation in this partnership and encourages youth
sports and interscholastic teams and their administrative organizations to pursue the "Mark
of Distinction."
***END CONSENT***
21. Consent Calendar Follow-up.
This is an opportunity for Councilmembers to comment on items adopted or approved on the
Consent Calendar.
22. Staff Reports.
23. Councilmember Reports.
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ITEMS NEEDING INDIVIDUAL CONSIDERATION
24. Items Relating to Out of City Utility Service. (30 minutes - 10 minute staff presentation)
A. Resolution 2005-018 Regarding Utility Service in the Laporte Area.
B. First 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.
At the December 14,2004,City Council Study Session,Council discussed the extension of
City wastewater service near Laporte. Council agreed with the staff recommendation for
Option 4:City provides wastewater treatment through a new wastewater district.Resolution
2005-018 establishes policy for this service and directs staff to cooperate with various
entities that are pursuing formation of a special district in the Laporte area. The agreement
between the City and the special district will be presented to Council for final approval. The
Resolution also provides direction regarding the resolution of outstanding issues related to
an outdated wastewater service agreement with Laporte Water and Sanitation District.
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 will clarify this ambiguity and require that the areas to be served outside the
GMA must be approved by City Council.
25. Items Relating to Section 2-31 and 2-33 of the City Code Pertaining to Executive Sessions.
(30 minutes - 5 minute staff presentation)
A. First Reading of Ordinance No.025,2005,Amending Section 2-31 of the City Code
of the so as to Clarify That City Council Can Provide Direction to City Staff or Other
Persons During to Executive Sessions
This Ordinance 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.
B. First Reading of Ordinance No. 036, 2005, Amending Section 2-33(b) of the City
Code so as to Eliminate City Council'sAbility to Go off the RecordDuring Attorney-
Client Communications that Occur in Executive Session
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This Ordinance amends Section 2-33 of the City Code so as to eliminate the ability of the
Council to go off the record during an executive session to discuss matters that are subject
to the attomey-client privilege.
26. First Reading of Ordinance No. 037, 2005,Repealing and Reenacting Article II of Chapter
10 of the City Code Regarding Flood Hazard Areas. (60 minutes - 10 minute staff
presentation)
The proposed ordinance 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 11)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.
27. First 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 clarifies when restitution can be ordered as a condition of sentencing for
violations of the Municipal Code.
28. Pulled Consent Items.
29. Other Business.
30. Adjournment.
NOTE: This meeting needs to be adjourned to 6:00 p.m. on March 8 to allow the City
Council to consider any business that might come before the Council.
City of Fort Collins