HomeMy WebLinkAboutMINUTES-08/19/2008-RegularAugust 19, 2008
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, August 19, 2008,
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.
Councilmembers Absent: Poppaw
Staff Members Present: Atteberry, Krajicek, Roy.
Mayor Hutchinson noted Item #20 Items Relating to Contracts with Platte Raver Power Authority
will be continued until Council discusses the item during a work session.
Citizen Participation
Lori Brunswig, 1901 Ridgewood Road, stated she had worked with Maury Albertson at CSU and
wished him a happy 90th birthday and noted that August 30, 2008 has been proclaimed as "Maury
Albertson Day."
Nancy York, 130 South Whitcomb, stated the City is subsidizing development and she suggested
adding a transit access fee to the development fees the City now charges. She asked if the City Code
change in Item #19 First Reading of Ordinance No. 098, 2008, Amending Chapter 26 of the City
Code Relating to the Provision of Electric Service would allow her to share in the energy produced
by her neighbor's solar collector.
Eric Sutherland, 631 LaPorte Avenue, wanted Council to make a decision on Item #20 at the present
time and did not agree with the decision to postpone. Fort Collins needs to take advantage of every
opportunity it has to reduce demand for electricity drawn from the electric grid and the PRPA
contracts that would have been discussed in Item #20 will greatly limited that opportunity.
Rick Coen, 412 Garfield, stated use of solar energy is a growing business in Colorado. The federal
government offers a 30% tax credit to encourage more use of solar energy.
Olivia Abeyta-Gonzalez, 415 South Howes, representative of the Northside Aztlan Community
Center Advisory Council, stated there is a proposed plan by the Parks and Recreation Department
to allow the sale of alcohol at the Northside Aztlan Community Center for events such as weddings.
The Advisory Council has not yet reached a decision about whether to support the plan but believes
citizens in the community should have the option to voice their opinions on the proposal. She
expressed concerns about allowing alcohol sales at a community center.
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August 19, 2008
Dan Bihn, 421 South Howes, Electric Board vice -chair, stated he had voted in favor of the proposed
Code change in Item #19 on the agenda, but he does not now support that change.
Mark Mahacek, 2300 North Shields, stated he was concerned about the implications from the Code
change in Item #19 and he asked Council to examine the proposal carefully.
Craig Kirby, Fort Collins resident, did not support the proposed Code change in Item # 19 as it would
make the sale of renewable electric energy in any form, such as solar photovoltaic and wind turbines,
by a third party illegal under City Code.
Mary Smith, 1618 Sagewood Drive, stated she recently appeared with Councilmember Troxell on
the Cross Currents program, sponsored by the City and the League of Women voters to discuss the
concept of trash districting. She did not approve of his manner of speaking during the program.
Bruce Lockhart, 2500 East Harmony, stated he did not support the use of wind power as it does not
provide much benefit. He did not believe trash districting was necessary in Fort Collins.
Citizen Participation Follow-up
Mayor Hutchinson noted continuing Item #20 to a work session will allow Council time to gather
more information to make an informed decision about the PRPA contracts.
Councilmember Manvel asked about the proposal to allow alcohol consumption at the Northside
Aztlan Community Center. City Manager Atteberry stated the proposed policy change is an
administrative decision that will not allow for the sale of alcohol at the NACC but will allow alcohol
to be served at private events held at the Center. The intent is to make City facilities more attractive
for room rental for private events. It will be in a controlled environment and alcohol will be strictly
regulated. Marry Heffernan, Executive Director of Culture, Parks, Recreation and Environment,
stated one issue is the possible change to the City's internal administrative policies to allow people
who rent rooms at City facilities to serve alcohol without selling it, which will help the NACC,
Gardens at Spring Creek and the new Museum/Science Center raise additional revenues by
increasing rentals. This policy change has been discussed with the NACC Advisory Board and most
members were in favor of the change. The other issue is the possible sale of alcohol at these
facilities. Lincoln Center and the Senior Center already have a concessionaire who sells alcohol at
those facilities. Some groups would like to offer the sale of alcohol as it would help their events.
Staff has discussed the possibility of securing a concessionaire who would sell alcohol at the NACC,
but no decision has yet been reached. City Manager Atteberry noted the administrative policy could
be changed, if it proves to cause problems for the facilities.
Councilmember Troxell thanked Ms. Smith for her participation in the Cross Currents program
discussion and representing her point of view.
Councilmember Roy asked for a definite time when the decision will be made about changing the
City's policy to allow alcohol to be served at NACC. City Manager Atteberry stated more discussion
will be held with the NACC Advisory Council and the decision should be made within two weeks.
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August 19, 2008
Agenda Review
City Manager Atteberry stated Item #9 Items Relating to Relocating Certain Provisions of the City
Code Regarding Unreasonable Noise and Nuisance Gatherings to Chapter 17, Relocating
Provisions Regarding Snow Removal to Chapter 20, and Making Amendments to the Penalty
Provisions for Civil Infractions has been amended between First and Second Reading. City Attorney
Roy stated Ordinance No. 084, 2008 relocates the unreasonable noise provisions of the Code from
a chapter that deals with property conditions to another chapter dealing with behavioral offenses.
On First Reading all the substantive provisions of the Code section were moved, but a definition of
unreasonable noise in another section that was not moved. The definition of "unreasonable noise"
now reads: Sec. 17-129. Unreasonable noise prohibited. (b) "For purposes of this Section,
unreasonable noise shall mean any sound of such level and duration as to be or tend to be injurious
to human health or welfare, or which would unreasonably interfere with the enjoyment of life or
property, but excludes all aspects of the employer -employee relationship concerning health and
safety hazards within the confines of a place of employment." Adoption of the Consent Agenda will
approve this amendment to the Ordinance.
City Atteberry stated Item #201tems Relating to Contracts with Platte River Power Authority will
be removed from consideration and a work session will be scheduled to discuss the issue as it relates
to electric power generation and the City's long-term relationship with Platte River Power Authority.
City Atteberry recommended delaying consideration of Item #38 Resolution 2008-078 Giving
Preliminary Approval to the Use of City -owned Property as the Site of a Downtown Amphitheater
and Directing the City Manager to Workwith the Downtown DevelopmentAuthority, the Beet Street
Board of Directors and Larimer County to Develop a Plan for Utilizing Such Site for that Purpose
to allow staff more time to refine details related to a business plan, the capacity of the facility, noise
issues, costs, ownership issues and long-term operations and maintenance.
Howard Abraham, 3362 Florida Drive, Loveland, pulled Item #23 First Reading of Ordinance No.
103, 2008, Adopting Minimum Standards for Commercial Aeronautical Activities at the Fori
Collins -Loveland Municipal Airport.
Eric Sutherland, 631 LaPorte Avenue, pulled Item #19 First Reading of Ordinance No. 098, 2008,
Amending Chapter 26 of the City Code Relating to the Provision of Electric Service.
Bruce Lockhart, 2500 East Harmony, pulled Item #26 Resolution 2008-072 Adopting the Cultural
Plan, Including the Cultural Facilities Plan.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the July 1, 2008 Regular Meeting and the Julv
8, 2008 Adjourned Meeting_
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August 19, 2008
7. Second Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown
Develol2ment Authority Fund for Expenditure in Accordance with the Downtown Plan of
Development.
Ordinance No. 076, 2008, unanimously adopted on First Reading on July 1, 2008,
appropriates $2,800,000 from the Downtown Development Authority Operations and
Maintenance 2004A DDA Bond Project and the 2007A Bond Project fund for the purchase
of the Elks Building, 140 East Oak Street. The DDA Board has authorized the expenditure
on this project.
8. Second Reading of Ordinance No. 083, 2008, Amending Chapter 3 of the City Code to
Include Art Gallery Permits.
This Ordinance, unanimously adopted on First Reading on July 15, 2008, amends the City
Code to include the fees and approval process for Art Gallery Permits.
9. Items Relating to Relocating Certain Provisions of the City Code Regarding Unreasonable
Noise and Nuisance Gatherings to Chapter 17, Relocating Provisions Regarding Snow
Removal to Chapter 20, and Making Amendments to the Penalty Provisions for Civil
Infractions.
A. Second Reading of Ordinance No. 084, 2008, Relocating Certain Provisions of the
City Code Regarding Unreasonable Noise and Nuisance Gatherings to Chapter 17
and Relocating Certain Provisions Regarding Snow Removal to Chapter 20.
B. Second Reading of Ordinance No. 085, 2008, Amending Certain Sections ofthe City
Code and the Land Use Code Pertaining the Penalties for Civil Infraction Violations
Ordinance No. 084, 2008, relocates certain provisions within Chapter 17 and 20 of the City
Code in order to place them logically within the Code for consistency and clarity of
enforcement mechanisms. On Second Reading, minor changes were made to delete the
reference to the old unreasonable noise citation and replace it with the new section number
and also to add "from the sidewalk" to the title of Section 20-102 relating to the removal of
snow and ice.
Ordinance No. 085, 2008, clarifies the penalties for civil infractions. Under this Ordinance,
the third and subsequent violations of the same Code provision within atwelve-month period
of time could be charged and prosecuted as criminal misdemeanors. On Second Reading,
Section 20-102 has been revised to make that provision consistent with the other provisions
that were approved on First Reading.
10. Second Reading of Ordinance No. 086, 2008, Extending the Contracts of the City's Service
Providers for Employee Benefits Programs to December 31, 2009.
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The vendors providing life insurance, dental insurance, vision insurance, and transplant
insurance for City employees have serviced the City of Fort Collins for many years. This
Ordinance, unanimously adopted on First Reading on July 15, 2008, approves an extension
of the current agreements with these vendors for an additional year to allow for sufficient
time and resources for a competitive process to be completed in 2009.
11. Second Reading of Ordinance No. 087, 2008, Authorizin¢ the Lease of the Prairie Ridge
Natural Area for Drvland Wheat Farmingfor or up to Three Years.
This Ordinance, unanimously adopted on First Reading on July 15, 2008, authorizes the lease
of the Natural Area owned jointly by the Cities of Loveland and Fort Collins, located south
of Fort Collins and west of Taft Hill Road. The property has been leased to the same tenant
for eight years and will be used for rotational wheat crops.
12. Second Reading of Ordinance No. 090,2008, Authorizing the Conveyance of Two Waterline
Easements and Two Temporary Construction Easements on City Property to the North Weld
County Water District and the East Larimer County Water District.
The North Weld County Water District and East Larimer County Water District are in the
process of acquiring the necessary easements for their waterline transmission project
("NEWT") which is scheduled to begin construction in January 2009. The City of Fort
Collins Parks Department owns two parcels of land on which the Districts have requested
an easement for their project. The North Weld County Water District has agreed to pay the
City a fee of $1000 for the easements and will restore the easement areas when construction
is complete. This Ordinance, unanimously adopted on First Reading on July 15, 2008,
authorizes the conveyance of the two easements.
This Ordinance has been revised on Second Reading to add the East Larimer County Water
District as a grantee. The NEWT project is being constructed jointly by both the North Weld
County Water District (NWCWD) and the East Larimer County Water District (ELCO).
Both entities are requesting the use of the waterline easement included in Ordinance No. 090,
2008.
13. First Readine of Ordinance No. 091, 2008, Appropriating Unanticipated Grant Revenue in
the General Fund for the Poudre Valley Health System "Choose the Right Road" Driving
Program.
The Poudre Valley Health System has been awarded a $25,000 grant from the Alcohol and
Drug Abuse Division of the Colorado Department of Human Services. These funds will be
disbursed by the Colorado Department of Human Services and directed through the City of
Fort Collins, pursuant to State of Colorado requirements, then paid to the Poudre Valley
Health System. The grant period will run from July 1, 2008 through June 30, 2009.
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August 19, 2008
14. First Readintzof Ordinance No. 092, 2008, Appropriating Unanticipated Grant Revenue in
the General Fund for the Restorative Justice Program and Authorizing the Transfer of
Matching Funds Previously ppropriated in the Police Services Operating Budget.
This Ordinance appropriates funds received from a grant in the amount of $17,259 from the
Division of Criminal Justice, Juvenile Diversion, for salaries associated with the continued
operation of the Restorative Justice Program. It also appropriates the required cash match
of $5,753 from the Police operating budget.
15. Items Relating to the Civic Center Parking Structure.
A. First Reading of Ordinance No. 093, 2008, Authorizing an Amendment to the
Intergovernmental Agreement Between the City and Larimer County and the Fort
Collins, Colorado Downtown Development Authority Pertaining to the Civic Center
Parking Structure.
B. First Reading of Ordinance No. 094, 2008, Appropriating Prior Year Reserves in the
General Fund for Repayment to Larimer County for the County's Contribution
Toward the Fort Collins, Colorado Downtown Development Authority's Share of
Financing the Civic Center Parking Structure.
In accordance with an Intergovernmental Agreement (IGA) approved in August 1998
between Larimer County, the City of Fort Collins and the Fort Collins Downtown
Development Authority (DDA), the County paid the City $3,070,000 for its share of the
development and construction of the Civic Center Parking Garage. The County also paid
$1,274,000 for half of the annual debt service assigned to the DDA starting in 2007 until the
related financing is completely paid off in 2018. At the time of the IGA, the DDA was
expected to sunset in 2006.
With the passage of Senate Bill 170 during the 2008 session of the state legislature and with
the adoption of Ordinance No. 101, 2008 (Item #21 on this agenda), the authority of the
DDA to use tax -increment financing has been extended to 2031. As a result, the DDA will
continue to pay its share of the debt service on the Civic Center Parking Garage and the
County should be repaid the contribution it made on behalf of the DDA in 1998.
16. Items Relating to the I-25/SH 392 Interchange and Improvements Project.
A. Resolution 2008-058 Authorizing the Mayor to Execute an Amendment to the
Intergovernmental Agreement Regarding Highway 392 Interchange Between the
City, the Town of Windsor and Metro Acquisitions, LLC.
B. First Reading of Ordinance No. 078, 2008, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Existing Appropriations from the General Fund to the
Capital Projects Fund for the I-25 and SH392Interchange and Improvements Project.
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August 19, 2008
This Resolution authorizes an amended Intergovernmental Agreement between the Town of
Windsor, City of Fort Collins, and the Developer (Metro Acquisitions, LLC) to share the cost
of filing a Justification for Separate Action and processing a 1601 study for the I-25 and SH
392 Interchange. Ordinance No. 078, 2008 appropriates Fort Collins' portion of the cost for
these processes.
The amended Intergovernmental Agreement divides the cost between Windsor, Fort Collins,
and the Developer and increases the capped contribution from Fort Collins from $38,391 to
$53,690.
17. Items Relating to Bernard Ranch Phase 1.
A. First Reading of Ordinance No. 095, 2008, Authorizing the Conveyance of a
Conservation Easement on City Natural Area Property (Bernard Ranch Phase 1) to
Latimer County; and Authorizing a Related Grant Agreement with the Board of the
Great Outdoors Colorado Trust Fund.
B. First Reading of Ordinance No. 096, 2008, Appropriating Unanticipated Grant
Revenue in the Natural Areas Fund for Land Conservation.
Ordinance No. 095, 2008, authorizes the conveyance of an 880-acre conservation easement
on Bernard Ranch, Phase 1, from the City's Natural Area Program to Latimer County and
authorizes entering into a grant agreement with the Board of the Great Outdoors Colorado
Trust Fund. The City will receive a $265,792 grant from Great Outdoors Colorado to
support the conservation of the property. The grant requires that a conservation easement
be placed on the property and conveyed to a qualified third party. The conservation easement
acknowledges and protects the natural qualities of the property. It also allows continued
ranching and other compatible activities.
Ordinance No. 096, 2008, appropriates the funds to be received from GOCO into the Natural
Areas Program for further land conservation efforts.
18. First Reading of Ordinance No. 097, 2008, Amending the City Code by Repealing Sections
Relating to Massage Therapy.
This Ordinance repeals all provisions of the Code relating to the practice of massage,
including the provisions establishing the Massage Licensing Authority.
19. First Reading of Ordinance No. 098, 2008, Amending Chapter 26 of the City Code Relating
to the Provision of Electric Service.
Proposed changes to Chapter 26 of City Code clarify that the City's Utility is the sole
provider of retail electric service within the City. An exception has been added to clarify that
a property owner can provide electric serve to his or her own property when certain
conditions are met. Clarification has been added about when franchise requirements must be
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August 19, 2008
met. Additionally, language specifying that parallel generation must be through a qualifying
facility to ensure safe operation in coordination with the City's electric system has been
added.
20. Items Relating to Contracts with Platte River Power Authority.
A. First Reading of Ordinance No. 099, 2008, Authorizing an Amended and Restated
Organic Contract for Platte River Power Authority.
B. First Reading of Ordinance No. 100, 2008, Authorizing an Amended and Restated
Contract With Platte River Power Authority for the Supply of Electric Power and
Energy.
The Organic Contract between PRPA and member cities of Estes Park, Fort Collins,
Longmont and Loveland was originally signed in 1975 and last amended in 1998. A change
to the Organic Contract requires the approval of all four member municipalities. The
proposed changes add renewable resources as atype of resource PRPA will develop and adds
a requirement that PRPA will develop products and services in support of efficiency
improvements. The expiration dates of the appointed Board of Directors are also made
current. Changes also allow the Directors to participate in PRPA Board meetings by
teleconference. Also, the updates to the Organic Contract provide the PRPA Board with the
authority to appoint an interim PRPA General Manager if necessary. The contract term will
be extended from 2040 to 2050.
In addition, staff proposes changes to update the Contract for the Supply of Electric Power
and Energy which include amending it to add terms currently contained in a Transmission
Facilities Agreement. Changes to the Organic Contract call for termination of the
Transmission Facilities Agreement.
21. First Reading of Ordinance No. 101, 2008, Extending the Period During Which the Fort
Collins, Colorado Downtown Development Authority MAY Allocate and Collect in the
Downtown Development Authority Tax Increment Fund a Portion of Property Taxes.
The Downtown Development Authority (DDA) is asking Council to extend the period during
which a portion of the property taxes may be allocated, in accordance with the provisions of
Senate Bill 170-08, and when collected, paid into the DDA's Tax Increment Fund. This
extension is for 20 years.
22. First Reading of Ordinance No. 102, 2008, Authorizing the Conveyance of Two Waterline
Easements on City Property o the City of Greeley and the East Larimer County and North
Weld County Water Districts.
The City of Greeley, along with the North Weld County Water District and East Larimer
County Water Districts, (the "Districts") are in the process of acquiring the necessary
easements for their waterline transmission projects ("GWET" and "NEWT") which are
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scheduled to begin construction in January 2009. The City of Fort Collins Engineering
Department owns a parcel of land at 1000 North College Avenue on which the City of
Greeley and the Districts have requested easements for their projects. The City property was
purchased for the future intersection of the realigned East Vine Drive and North College
Avenue as shown on the Master Street Plan. In addition to the $2000 compensation, the City
of Greeley has also agreed to demolish the existing building, as requested by City Staff, and
reseed the ground after construction is complete.
23. First Reading of Ordinance No. 103, 2008, Adopting Minimum Standards for Commercial
Aeronautical Activities at the Fort Collins -Loveland Municipal Airport.
The Airport has not previously adopted minimum standards for commercial aeronautical
operations occurring at or around the Airport. However, the FAA recommends that all
federally funded airports adopt minimum standards. This Ordinance authorizes the adoption
of those minimum standards.
24. Resolution 2008-070 Authorizing the City Manager to Execute a Capital Funding Grant
Agreement with the Federal Aviation Administration for Improvements at the Fort Collins -
Loveland Airport.
This Resolution approves an FAA Grant Agreement in the amount of $258,394. These funds
will be used for completing a portion of security fencing and access control gates on the Fort
Collins -Loveland Airport. The bids for this work were received earlier this spring.
25. Resolution 2008- 071 Approving the Final Draft Report for the Downtown River District
Project.
The Downtown Development Authority (DDA) and the City of Fort Collins, along with the
consulting team of HDR Engineering and BHA Design, jointly developed the Downtown
River District design project to address existing deficiencies and the lack of sufficient public
infrastructure to support infill development and redevelopment in the Downtown River
District area. The Downtown River District design project and report was co -sponsored and
managed by the City and the DDA.
26. Resolution 2008-072 Adopting the Cultural Plan, Including the Cultural Facilities Plan..
This Resolution will adopt the Cultural Plan as a guiding document for the work of the
Cultural Services Department and for community -wide efforts in ensuring that arts, culture,
and science thrive in this community, add to the excellent quality of life, help drive the local
economy and tourism, and become an integral part of Fort Collins' unique identity.
Adoption of the Plan does not bind Council to implementation of any specific
recommendation, and any recommendation measure in the plan that requires Council action,
including funding requests, would be brought to Council for consideration on a case -by -case
basis.
August 19, 2008
27. Resolution 2008-073 Authorizing the Execution of an Amendment Extending the Term of
an Intergovernmental Agreement Between the City of Fort Collins, the City of Longmont.
and Platte River Power Authority Relating to the Operation of a Joint Customer Information
System.
In January 1998, the cities of Longmont and Fort Collins entered into a 10-year
intergovernmental agreement with Platte River Power Authority to purchase and operate a
joint customer information system on behalf of the two cities. The amendment to the
intergovernmental agreement is necessary to extend the term of the agreement for 2 years.
During the additional two year period, the parties intend to consider further amendments to
the intergovernmental agreement.
28. Resolution 2008-074 Authorizing an Intergovernmental Agreement Between the City and
the Fort Collins Regional Library District to Lease Back Library Park to the City of Fort
Collins.
In December 2007, the City, Larimer County and the Library District entered into an
Intergovernmental Agreement ("IGA") detailing distribution of City -owned assets used to
provide library services to the Library District. Under this IGA, the City agreed to convey
a portion of Library Park to the Library District along with the Main Library building. The
Library District agreed its portion of Library Park will still be used as a park until the Library
District needs the land for other purposes. The Library District asked if the City would be
willing to continue to manage Library Park during the interim period.
29. Resolution 2008-075 Establishing Fees Charged by Fort Collins Municipal Court Relating
to the Release of Criminal Justice Records.
The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and
other penalties. The Colorado Criminal Justice Records Act allows criminal justice agencies
to "assess reasonable fees, not to exceed actual costs, including but not limited to personnel
and equipment, for the search, retrieval and copying of criminal justice records." The Act
also requires that the amount of such fees in this instance be set by City Council. Approval
of the change in the Fee Schedule will allow Fort Collins Municipal Court to comply with
HB 08-1076, which became effective August 6, 2008.
30. Resolution 2008-076 Reestablishingphone Exchange Access Facility Charge and a
Wireless Communications Access Charge for the Larimer Emergency elephone Authority
Effective January 1, 2009.
This Resolution authorizes telephone and wireless telephone service providers to collect a
telephone exchange access facility charge and wireless communications access charge for
Emergency 911 telephone services.
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31. Resolution 2008-077 Authorizing the Lease of 913 Square Feet of City -owned Provertv
Located at 200 West Mountain Avenue, Suite A. For Up to Two Years as Part of the Rocky
Mountain Innovation Initiative ("RMI2") Program.
Since the summer of 2004, the City has leased space to RMI2 and its participating companies.
Currently, RM12 leases space in Suites A and C at 200 West Mountain Avenue and 321
Maple Street. This Resolution is a request for authorization to amend the lease between
RM12 and the City to include the 913 square feet of conference room and restroom space in
Suite A.
32. Routine Easements.
A. Easement for construction and maintenance of public utilities from Poudre School
District, for a right-of-way and easement to install padmount switch gear to
underground existing electric system, located at Rock Creek and Ziegler. Monetary
consideration: $1224.
B. Deed of dedication for sanitary sewer easement from JAMN, LLC, for a sanitary
sewer, located near Taft Hill Road and County Road 38E intersection. Monetary
consideration: $0.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown
Development Authority Fund for Expenditure in Accordance with the Downtown Plan of
Development.
8. Second Reading of Ordinance No. 083, 2008, Amending Chapter 3 of the City Code to
Include Art Gallery Permits.
9. Items Relating to Relocating Certain Provisions of the City Code Regarding Unreasonable
Noise and Nuisance Gatherings to Chapter 17, Relocating Provisions Regarding Snow
Removal to Chapter 20, and Making Amendments to the Penalty Provisions for Civil
Infractions.
A. Second Reading of Ordinance No. 084, 2008, Relocating Certain Provisions of the
City Code Regarding Unreasonable Noise and Nuisance Gatherings to Chapter 17
and Relocating Certain Provisions Regarding Snow Removal to Chapter 20.
B. Second Reading of Ordinance No. 085, 2008, Amending Certain Sections of the City
Code and the Land Use Code Pertaining the Penalties for Civil Infraction Violations.
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August 19, 2008
10. Second Reading of Ordinance No. 086, 2008, Extending the Contracts of the City's Service
Providers for Employee Benefits Programs to December 31, 2009.
11. Second Reading of Ordinance No. 087, 2008, Authorizing the Lease of the Prairie Ridge
Natural Area for Dryland Wheat Farming for up to Three Years.
12. Second Reading of Ordinance No. 090, 2008, Authorizing the Conveyance ofTwo Waterline
Easements and Two Temporary Construction Easements on City Property to the North Weld
County Water District and the East Larimer County Water District.
36. Second Reading of Ordinance No. 088, 2008, Amending Chapter 20 of the City Code by
Adding Regulations Pertaining Specifically to Dirt Yards and Dilapidated Fences.
37. Second Reading of Ordinance No. 089, 2008 Amending Chapter 26 of the City Code to
Reflect the Adoption of the Boxelder Regional Stormwater Master Plan.
Ordinances on First Reading were read by title by City Clerk Krajicek.
13. First Reading of Ordinance No. 091, 2008, Appropriating Unanticipated Grant Revenue in
the General Fund for the Poudre Valley Health System "Choose the Right Road" Driving
Program.
14. First Reading of Ordinance No. 092, 2008, Appropriating Unanticipated Grant Revenue in
the General Fund for the Restorative Justice Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Police Services Operating Budget.
15. First Reading of Ordinance No. 092, 2008, Appropriating Unanticipated Grant Revenue in
the General Fund for the Restorative Justice Program and Authorizing the Transfer of
Matching Funds Previously Appropriated in the Police Services Operating Budget.
16. First Reading of Ordinance No. 078, 2008, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Existing Appropriations from the General Fund to the Capital
Projects Fund for the I-25 and SH392 Interchange and Improvements Project.
17. Items Relating to Bernard Ranch Phase 1.
A. First Reading of Ordinance No. 095, 2008, Authorizing the Conveyance of a
Conservation Easement on City Natural Area Property (Bernard Ranch Phase 1) to
Larimer County; and Authorizing a Related Grant Agreement with the Board of the
Great Outdoors Colorado Trust Fund.
B. First Reading of Ordinance No. 096, 2008, Appropriating Unanticipated Grant
Revenue in the Natural Areas Fund for Land Conservation.
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August 19, 2008
18. First Reading of Ordinance No. 097, 2008, Amending the City Code by Repealing Sections
Relating to Massage Therapy.
21. First Reading of Ordinance No. 101, 2008, Extending the Period During Which the Fort
Collins, Colorado Downtown Development Authority May Allocate and Collect in the
Downtown Development Authority Tax Increment Fund a Portion of Property Taxes.
22. First Reading of Ordinance No. 102, 2008, Authorizing the Conveyance of Two Waterline
Easements on City Property to the City of Greeley and the East Larimer County and North
Weld County Water Districts.
Councilmember Roy made a motion, seconded by Councilmember Manvell to adopt Item #9 as
revised and all items not withdrawn from the Consent Calendar. Yeas: Brown, Hutchinson, Manvel,
Ohlson, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Ohlson noted Item #13 First Reading of Ordinance No. 091, 2008, Appropriating
Unanticipated Grant Revenue in the General Fund for the Poudre Valley Health System "Choose
the Right Road" Driving Program and Item #14 First Reading of Ordinance No. 092, 2008,
Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice
Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police
Services Operating Budget provide grant monies for programs that assist the public. Item 431
Resolution 2008-077 Authorizing the Lease of 913 Square Feet of City -owned Property Located at
200 West Mountain Avenue, Suite A, For Up to Two Years as Part ofthe Rocky Mountain Innovation
Initiative ("RMI") Program provides extra space for a program that assists in the start-up of new
technology companies. He asked for more information on Item #22 First Reading of Ordinance No.
102, 2008, Authorizing the Conveyance of Two Waterline Easements on City Property to the City
of Greeley and the East Larimer County and North Weld County Water Districts as many citizens
have raised concerns about the location of the proposed waterline. He asked for information about
the Downtown Development Authority's tax increment financing and the Urban Renewal
Authority's tax increment financing and how they differ. He also asked if the maximum amount of
funds allowable by DDA's tax increment financing has been collected.
Councilmember Roy asked for an overview of historic structures and sensitive riparian areas that
might be affected by the installation of the Greeley waterline. He noted Item #16 Items Relating to
the I-251SH 3921nterchange and Improvements Project was a step forward for improvements to
regional transportation.
Councilmember Manvel stated the Consent Agenda contains much work done by City staff that is
not publicized such as a conservation easement that has been granted on the Bernard Ranch which
is part of the Soapstone Natural Area. The City and County are working diligently to protect the
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August 19, 2008
viewsheds of the Natural Area. The Downtown River District Project provides an exciting plan for
the downtown area.
Staff Reports
City Manager Atteberry stated the Planning Department recently received two awards from the
Colorado Chapter of the American Planning Association. He noted the Gardens on Spring Creek
has received a grant of $25,000 from the Gates Family Foundation for the development of the
"Garden of Eatin"'project. He stated the 8th annual "Great Sofa Roundup" occurred on August 1 st
with 400 sofas donated and only 50 sofas went to the landfill.
Joe Olson, Traffic Engineer, gave a presentation on the updating of traffic signal timing. Federal
funds are being used for the evaluation of the signal system and no City funds will be used for the
retiming of the signals. It will take about 12 months for the project to be completed. A consultant
will be hired to perform the evaluation so it can be done in a short amount of time. The changes will
be made from the Traffic Operations Center and can be made quickly after the evaluation is
completed.
Councilmember Reports
Councilmember Ohlson stated the Downtown Development Authority Board has approved up to
$200,000 for a "quiet zone" study dealing with railroads. The DDA is also funding enhancements
to decorations and entertainment for the holiday season.
Councilmember Roy held a District 6 community meeting regarding the Canal Importation Ponds
and Outfall Project to inform citizens of the details of the Project and how it will affect them.
Councilmember Manvel stated the state implementation plan for regional air quality is due in early
September. He noted Neighborhood Night Out was a success with over 100 neighborhoods
participating.
Ordinance No. 088, 2008,
Amending Chapter 20 of the City Code by Adding Regulations Pertaining
Specifically to Dirt Yards and Dilapidated Fences. Adopted on Second Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 5-2 (nays: Brown, Troxell), addresses
physical deterioration ofpropertiesthat affect the well-being ofneighborhoodsinFort Collins. The
proposed regulatory tools would enhance the City's ability to provide the community with improved
preventative measures.
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The Ordinance was amended by Council on First Reading so that it applies only when violations are
visible from the public street andlor sidewalk (not from the alley or a neighboring property). Staff
is recommending the following additional change on Second Reading. In Section 20-30 and 20-31,
the term 'yard" is now defined by referencing the same definition of that term that is used in the
Article dealing with weeds and rubbish violations. In Section 20-32, language has been added to
clarify that:
• fences and walls should be repaired with materials that are comparable to those used in the
original construction of the fence or wall and not materials comparable to those that may
have been used in repairs made after the original construction.
• the provisions of the section dealing with repair do not prohibit or limit a property owner's
ability to replace any fence or wall.
Staff will also continue to work on the most efficient and cost-effective way to administer a grant
program for low-income, owner -occupied properties. Amy Irwin, Lorimer Home Improvement
Program (LHIP) coordinator, has stated they would be willing to administer this program as
another section of the current LHIP program. They already have a system in place for income
verification that will work well for this program. Administrative dollars will be required to do this,
but the costs would be low since it will be in collaboration with Neighborhood Services.
Neighborhood Services will be responsible for informing the homeowner about the violation and
how to contact LHIP for assistance. LHIP would verify income, provide a list of contractors to use
for the work and process payment to the contractor. Neighborhood Services would follow-up with
re -inspections to verify compliance. If Neighborhood Services administered this program, rather
than collaborating with LHIP, resources would be needed for program start-up (staffing, forms,
income qualification formula and process, etc.)
At Council direction, staff is exploring the implications of changing the name of the Nuisance
Chapter of the City Code. "
City Attorney Roy read two changes to the Ordinance that have been made between First and Second
Reading. An addition to Section 20-30 states "For the purposes of this Section and Section 20-31,
the term "yard" shall mean the open space between buildings and property lines at the front, rear and
sides of a property." Section 20-32 now states "Repair of fences and walls shall be made with
materials that are comparable in composition, color, size, shape, design and quality to those
originally used to construct the fence or wall being repaired. Nothing herein shall be construed to
prohibit or restrict the replacement of a fence or wall." The proposed change is to clarify that any
fence repair must be made with materials that are comparable to the original construction of the
fence and not any shabby repairs that might have occurred in the interim. Nothing in the Ordinance
is meant to preclude anyone from replacing a fence or wall.
Jeff Scheick, Director of Planning, Development and Transportation, stated more than 80% of yard
must be covered by ground cover such as plants and landscaping material. Dilapidated fences have
broken, loose, damaged or missing parts. The Code change will only apply to violations visible from
the public street and/or sidewalk. Yards or fences that can only be viewed from an alleyway or
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adjacent property would not be subject to the conditions in this Ordinance. Neighborhood Services
staff will continue to offer other methods of assistance for these situations such as mediation and
neighborhood meetings. A new program is being developed to provide financial assistance for the
purchase of materials to help low-income home owners who cannot afford to repair their properties.
Enforcement will be the last option used. No additional staff will be needed to manage the
requirements. One key element to provide assistance is the use of the Larimer County Home
Improvement Home Program (LHIP). The Program has the means and the resources to administer
the assistance program and is willing to do so. Neighborhood Services will be responsible for
performing the inspections, informing the home owner about the violations and howto get assistance
from LHIP for the needed improvements. LHIP will verify income, work closely with the home
owner about the process, assist with contacting a contractor to perform the work and process
payment to the contractor. Neighborhood Services will do an inspection to confirm compliance.
It will not be cost-effective for Neighborhood Services to develop an assistance program as more
staff will be needed to administer such a program. Neighborhood Services staff will interact with
the home owners and provide outreach and materials through the remainder of the year.
Implementation would begin in 2009.
Eric Kronwall, 1119 Monticello Court, stated gardens are not excluded from the Ordinance.
Lloyd Walker, 1756 Concord Drive, supported the proposed Code change and requested that the
removal of dead or dangerous trees be added to the Code.
Vivian Armendariz, 820 Merganser Drive, did not support the Ordinance as it place a great burden
on low-income property owners and the assistance program will require too much red tape.
Cheryl Distaso, 135 South Sunset, was concerned the Code changes would place an unnecessary
burden on low-income property owners. The intent of the City to provide assistance to low-income
property owners is not clearly stated in the Ordinance.
Councilmember Troxell asked for data regarding the increase in crime in neighborhoods that will
be most affected by the Ordinance. Beth Sowder, Neighborhood Services Manager, stated she did
not have data related to increases in crime in specific neighborhoods. National studies have shown
a correlation between deteriorated properties and increased crime.
Councilmember Troxell asked how gardens or yards that are xeriscaped would be assessed. Sowder
stated the intent is not to have gardens considered as a violation of the Ordinance. City Attorney Roy
stated while the Ordinance does not explicitly exempt gardens, it does allow for administrative
decisions to be made that could address that issue.
Councilmember Troxell asked how many complaints have been received regarding dead yards and
dilapidated fences. Sowder stated no specific number of complaints was available as records are not
kept of complaints dealing with properties that are not currently in violation of the Code. Parking
on yards can create dead yards and staff does proactively enforce the "parking in yards" ordinance.
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Councilmember Troxell asked how this ordinance would be in the "best interest of the health, safety
and welfare" as stated in one whereas clause. Sowder stated it would reduce particulates in the air
and dust erosion. Scheick stated dilapidated fences include rotting posts and materials that can lead
to an unsafe condition where a fence could fall on someone passing by.
Councilmember Troxell asked if undeveloped property needs to be covered by sod or other materials
and does it need to be irrigated to remain green. Sowder stated most undeveloped lots have natural
grasses and weeds for cover. City Attorney Roy stated undeveloped lots would also be required to
comply with this Ordinance.
Councilmember Roy asked for more information regarding current City Code related to removal of
dead trees. Schieck stated Forestry staff does enforce the removal of privately owned dead or dying
trees when there is an epidemic disease problem or if a tree poses a significant threat to City right-of-
way and risks the public's safety. Trees that poses a threat to right-of-way are detected through
proactive observations by City staff and reactive responses to citizen requests or complaints.
Councilmember Brown asked how repeat violations will be handled. Sowder stated the intent is to
work closely with property owners that are in violation to prevent repeat violations and develop a
long-term solution. City Manager Atteberry stated it is the responsibility of the property owner to
care for yards. Volunteer organizations and neighbors can help those who are unable to care for their
properties.
Councilmember Ohlson asked if the funds available for assistance could be used to provide paint for
a home that is in need of paint when the low income homeowner voluntarily requests the funds for
paint. City Manager Atteberry stated the grant program could possibly provide funds for voluntary
improvements but the organization and administration of the program needs to be put in place first.
Assisting home owners to comply with the Ordinance will be a first priority for those funds.
Councilmember Brown asked if churches and other organizations had indicated they were willing
to assist property owners. Sowder stated United Way and Volunteers of America have been
contacted. Churches have been quite willing to assist with snow shoveling for those who physically
cannot. This community has many volunteers who are willing to help others. Staff will work with
homeowners to provide help. Scheick stated the community has a good record of neighbors helping
neighbors and there is no reason why that should not continue.
Councilmember Brown asked what options a homeowner has if he cannot afford to water the lawn
and who is responsible for a rental property if the tenants do not maintain the yard. Sowder stated
the ultimate responsibility lies with the homeowner. City Attorney Roy stated the Ordinance states
"no owner or occupant" so either could be held responsible for a yard. Felix Lee, Director of
Neighborhood and Building Services, stated different materials could be used to cover a yard if the
homeowner cannot afford to water grass.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to Adopt Ordinance No.
088, 2008 on Second Reading as amended.
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August 19, 2008
Councilmember Manvel offered a friendly amendment to add a whereas clause that states "while the
imposition of such requirements may result in increased maintenance costs for property owners in
the City, Fort Collins is a city that cares for all its residents and has many strong volunteer programs
that provide valuable assistance to citizens in need, which programs can assist low income residents
in complying with such regulations." The amendment expresses the intent to seek volunteer help
to assist residents who cannot afford to bring their yards and fences into compliance.
Councilmember Roy accepted the friendly amendment.
Councilmember Troxell asked if the friendly amendment could be codified to ensure Neighborhood
Services must use non-profit organizations and other volunteer help as a part of the enforcement of
this ordinance. City Attorney Roy stated the ordinance itself does not impose any obligation on
anyone nor the new whereas clause. It is an expression of intent and if Council decides the language
is not strong enough, second reading of the ordinance needs to be set aside to a later date for Council
and staff to determine what the City is obligated to do with regard to requiring the use of volunteers.
Councilmember Troxell stated no data has been given to establish that a dirt yard or dilapidated
fence affects the health, safety and welfare of citizens. This ordinance classifies a dirt yard or
dilapidated fence as a nuisance, based only on aesthetics. City Attorney Roy stated the courts have
said aesthetic concerns can amount to a nuisance so the City is defining what the law permits. It is
Council's decision to determine what constitutes a nuisance and what needs to be regulated in the
interests of the public, health, safety and welfare.
Councilmember Manvel stated national studies have been done that show that neglect of individual
properties can accelerate the deterioration of neighborhoods. Cleaning up neighborhoods decreases
crime.
Councilmember Troxell stated many neighborhoods are controlled by HOAs and no data has been
presented to show the need for this ordinance or that dirt yards are a public nuisance. The problem
of dirt yards seems to be based on aesthetics alone.
Councilmember Manvel stated older neighborhoods do have problems with yards and fences and
neglected properties can lower values in an entire neighborhood. This ordinance can make a
difference in older neighborhoods.
Councilmember Roy stated healthy neighborhoods cannot be neglected, dangerous or appear to be
abandoned. His district has numerous houses that have been a chronic problem to neighbors who
live nearby. Lower income neighborhoods have asked the City to help resolve the problems with
these chronically neglected properties. Neglected properties affect all of Fort Collins.
Councilmember Brown offered a friendly amendment that would require the ordinance to sunset in
two years and return to Council for another vote. This would allow time to gather data to show that
this regulation is necessary, helps to clean up neglected properties and that volunteer organizations
are helping to assist those that cannot maintain their properties.
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Councilmembers Roy and Manvel did not accept the friendly amendment.
Councilmember Ohlson stated national studies have shown that repair of buildings and
neighborhoods does remove neglect and encourages others to repair properties. It has happened in
Fort Collins when older buildings were repaired and broken windows replaced, the surrounding
buildings were repaired, as well. This ordinance will help to maintain and improve affordable family
neighborhoods.
Councilmember Troxell stated the ordinance was not necessary and was a move in the wrong
direction to regulate properties based on aesthetics.
Councilmember Roy stated this ordinance could improve the quality of life for citizens.
Mayor Hutchinson stated many communities have ordinances that regulate the appearance of
properties. This ordinance focuses on regulating problems that do exist in Fort Collins and are
visible from the street or sidewalk.
City Attorney Roy asked if additional language should be added to the ordinance to clarify the intent
is for the regulations to apply both to properties with buildings and to vacant lots. He suggested
adding "for the purposes of this Section and Section 20-31, the term "yard" shall mean the open
space between buildings, if any, and property lines at the front, rear and sides of a property, whether
the property is developed or undeveloped."
Councilmember Roy asked for the difference between a vacant lot and an abandoned lot. City
Attorney Roy stated there is no difference as the ordinance will apply to all lots, whether they have
buildings, are vacant or abandoned.
Councilmember Ohlson stated he was more concerned with the condition of fences than with a dirt
vacant lot. Sowder stated the definition offered by the City Attorney will apply to all properties in
Fort Collins. If an open field has more than 20% without ground cover, enforcement of the Code
would be necessary. The proposed definition reaches beyond the original intent of the ordinance.
Mayor Hutchinson stated requiring a fence to be maintained around a vacant lot is acceptable, but
the intent is not to address ground cover on vacant lots. City Attorney Roy asked if the intent is to
have the fence maintenance requirement apply to all properties and have the dirt yard requirement
apply only to properties that have one or more dwelling units.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
City Attorney Roy proposed that the definition for "yard" now read "for the purposes of this Section
and Section 20-31, the term "yard" shall mean the open space between buildings and property lines
at the front, rear and sides of any property containing the kinds of buildings for which a Certificate
of Occupancy would be required under the provisions of the City's Land Use Code." The intent is
to exclude sheds or buildings not used to house people on a regular basis. This will exclude
agricultural lots and properties with approved lots but are not yet developed. Requiring 80% of a
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August 19, 2008
lot to be covered with ground cover would only apply to lots that have buildings that require a CO.
The ordinance specifically addresses all fences so no additional language is needed.
Sowder noted the proposed definition will exclude a vacant lot within a neighborhood that does not
have a building on it.
Councilmember Manvel asked if regulations were already in place to address a vacant lot that has
been scraped in preparation for development. Lee stated the development process does include
erosion control to address that issue.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, and Roy. Nays:
Brown, Troxell.
THE MOTION CARRIED.
Ordinance No. 089, 2008
Amending Chapter 26 of the City Code to Reflect the Adoption of the
Boxelder Creek Regional Stormwater Master Plan. Adopted on Second Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Ordinance No. 089, 2008, adopted on First Reading by a vote of 5-2 (nays: Poppaw, Roy), amends
City Code to reflect the adoption of the Boxelder Creek Regional Stormwater Master Plan. The
Master Plan contains $12.5 million in regional flood control projects which benefit the Town of
Wellington, Larimer County, and the City of Fort Collins. These improvements will be funded by
the participating agencies. "
Bob Smith, Water Planning and Development Manager, stated the proposed ordinance incorporates
the Boxelder Creek Regional Stormwater Master Plan into the City Code. The Plan has already been
adopted by resolution on July 15, 2008. The Master Plan identifies regional improvements in the
Boxelder Creek Basin with the costs shared by Wellington, Larimer County and the City, as outlined
in the intergovernmental agreement. The IGA forms a stormwater authority for Boxelder Creek and
is a way to provide financing for construction of the improvements and maintenance. All parties
have approved the IGA. The next step will be the formation of the Board.
Lori Brunswig, 1901 Ridgewood Road, stated the stormwater utility has a $36.6 million bond debt
and the interest each year is $1.8 million. She did not support adoption of the Master Plan as the
financial cost is too great.
Mayor Hutchinson asked for a review of the financial impact to Fort Collins stormwater rates. Jim
Hibbard, Water Engineering Field Operations Manager, stated the City's estimated portion would
be approximately $1.9 million, which will be spread out over the next 5-10 years. The total cost of
the regional improvements is estimated at $9.5 million. Staff does not believe this Plan will affect
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August 19, 2008
the long-term rates of the utilities. There have been no rate increases in stormwater rates since 2004.
Councilmember Manvel stated many scenarios were considered in the development of this Plan and
the financing is outlined in the Plan. Hibbard stated the Master Plan does recommend using a
stormwater authority as the financing vehicle and development of an Authority has been approved.
The 2004 city-wide Master Plan did reference the Boxelder/Cooper Slough Basin and this Master
Plan supplements the 2004 Plan, adds regional components and restates some of the original
projects.
Councilmember Manvel asked if the Utilities General Manager had the authority to adopt additional
master drainage plans by reference without Council approval. Hibbard stated when a Plan is
developed, it contains conceptual ideas that can change when a project is actually designed. The
authority granted to the Utilities General Manager allows for design changes in context with the
Master Plan. The intent is not to allow the Utilities to adopt a new Master Plan without Council
approval.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 089, 2008 on Second Reading.
Councilmember Manvel stated the Master Plan raised policy questions about financing options and
ensuring that development pays its way. The Plan does meet all current policy requirements.
Councilmember Troxell stated this Plan provides protection of life and property and is reflective of
a long effort and cooperation between different entities
Councilmember Ohlson stated stormwater fees in the City are too high and the proposed projects
show a lack of respect for natural waterways that are important part of the landscape. This Plan is
not about health and safety but opening more land up for development that will not pay for the cost
of the improvements.
Councilmember Roy stated the Stormwater Authority adds another layer of government to manage
this Plan and is not in the best interests of the citizens.
Mayor Hutchinson stated this Plan is the result of over two years of staff work and cooperation
between entities and meets all the policy requirements of the City.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, and Troxell. Nays:
Ohlson, Roy.
THE MOTION CARRIED.
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Ordinance No. 098, 2008,
Amending Chapter 26 of the City Code Relating to the
Provision of Electric Service,
Postponed on First Reading Pending a Work Session Discussion
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Proposed changes to Chapter 26 of City Code clarify that the City's Utility is the sole provider of
retail electric service within the City. An exception has been added to clarify that a property owner
can provide electric serve to his or her own property when certain conditions are met. Clarification
has been added about when franchise requirements must be met. Additionally, language specifying
that parallel generation must be through a qualifying facility to ensure safe operation in
coordination with the City's electric system has been added.
BACKGROUND
New technologies which allow the construction of small distributed generation resources have
developed rapidly over the past few years. Wind, solar, biomass, biogas, diesel, and natural gas
are some ofthe types of energy sources that can be used to generate electricity. The Utility is in full
support of the development of these resources, but it is important that the public, utility personnel,
operational stability and the viability of the City Utility are all preserved. The proposed Code
change preserves the right of the City to be the sole retail seller of electricity to its citizens while
supporting any opportunity an individual or business may have to develop its own resources under
certain conditions. The change also ensures that if the generator is to be interconnected with the
City system, it will be safe and properly protected from damage from or to the City electric
infrastructure.
The proposed revisions to the Code ensure that the City Council continues to have the authority to
regulate the distribution and sale of electric energy to Fort Collins residents.
The proposed Code amendment provides flexibility in the development of private generation
resources. For example, CSU is currently planning to construct a new parking garage on Prospect
Avenue. In the future, it intends to add photovoltaic solar panels on the roof of the structure. The
site is not contiguous with the campus and would normally be served from Light and Power
facilities. However, CSU would prefer to interconnect the solar array with its system in order to get
both the highest financial benefit by offsetting retail electric rates, as opposed to selling excess
capacity at wholesale rates, and to obtain the benefit ofa renewable resource on its system. Today,
CSU would have to franchise its electrical system to the City to interconnect the solar array with
its system. The proposed Code amendment will allow CSU to obtain a revocable permit to cross
Lake Street and connect to its system, if City Council approves a request for such permit.
The Code amendment also recognizes that there may be situations where the City Utility is unable
to serve a customer, either because of the size of the facilities in an area or because of the lack of
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facilities in the area. The City would evaluate the economics of extending or improving facilities
versus the revenues lost by letting another entity serve them. Staff is not aware of any existing
circumstances it believes meet this test.
The Code amendment also recognizes that a customer may develop parallel generation resources
and can interconnect them within the customer's property, provided that the generation facility
meets the definition of a "qualifying facility ". A qualifying facility is defined in the Code as:
Qualifying facility shall mean an electric -generating facility operated in parallel
with the City of Fort Collins electric distribution system that has been inspectedfor
compliance with City interconnection requirements, has been issued a "Permit to
Operate" by the City and is operated under a valid "Interconnection Agreement"
with the City of Fort Collins.
Parallel generation facilities must also comply with the City's interconnection requirement to ensure
that the facility is being operated safely and that there is no potential for a backfeed situation in
which its generation energizes the City system during an outage. "
Steve Catanach, Light and Power Operations Manager, stated the advent of new technologies such
as use of wind and solar power, and biomass as applicable to distributed generation have affected
the utility industry. It is important to develop alternative resources but it is also important to ensure
public and personnel safety along with the operational stability and the viability of the electric
system. The existing Code language is very confusing and tends to focus on the ability of others to
cross City rights -of -way with electric wires and directs changes or operation of a distributed
generator toward franchising within the City. The proposed Code change will clarify Council's
authority to regulate the distribution of electricity within the City. The Code change does restrict the
ability of a third party to sell retail electrical energy to a City customer. This restriction is to honor
the agreement the City has with Platte River Power Authority (PRPA.) In order to support the
development of renewables, PRPA has agreed to purchase energy from a third party generator and
pass it back through the City.
Brian Moeck, PRPA General Manager, stated PRPA does not want to inhibit customer's ability to
install distributive generation equipment. The proposed Code change does not prevent the
development of renewable energy. Any customer has the ability to install generation on their
property to serve their own needs. Any excess generation can be placed into the grid, run the meter
backwards and the customer will be reimbursed at retail rates. This Code change does allow a third
party renewable developer to bring the same benefits such as financing, tax advantages and the
warranties to a customer that they would receive in other service territory. PRPA has a long-term
agreement with the City that states PRPA is the all -requirements provider of electricity. PRPA does
not want other providers to come into the City and sell at retail prices. A developer who wants to
develop renewable energy would be required to sell the energy to PRPA rather than selling it directly
to the customer. PRPA uses the long-term agreements with its member cities as collateral for bond
holders and credit rating agencies as a guaranteed revenue stream. The long-term agreements help
PRPA get an AA credit rating with lower interest rates that, in turn, are reflected in lower charges
to the customers.
August 19, 2008
Catanach stated the proposed Code change does provide some exceptions to the sole provider
condition. A property owner would have the ability to serve their own property across public rights -
of -way with the issuance of a permit. Council would have the ability to determine if there is a
necessity, because of lack of capacity on the system or because of inability to reach a customer, to
allow another franchised utility to serve that customer. The Code change also provides guidelines
on parallel generation and how a parallel generator needs to be connected to the City's system to
ensure personnel and public safety and to protect facilities.
Eric Sutherland, 631 LaPorte Avenue, did not support the proposed Code change as it does not assist
in creative development of new technologies to create clean energy. Some new innovations will
yield real benefits but do not create enough current to be interconnected with the existing grid and
would be prohibited by the Code change. Competition from small distributive energy generation
sources will not create a scenario that will lower PRPA's bond rating.
Dan Bihn, 421 South Howes, asked if PRPA will be required to buy back all privately generated
electricity.
Rick Coen, 412 Garfield, stated interconnection standards are needed for connections from third
party generators to the grid. PRPA has stated it will not block third party generation but the
proposed change does put PRPA in the middle of a complex process.
Bruce Lockhart, 2500 East Harmony Road, stated there does not seem to be any need for the
proposed Code change. Production of electricity is becoming easier and this change makes the
process too cumbersome.
Councilmember Brown asked if PRPA bond covenants were issued in outstanding bonds or future
bonds. Mr. Moeck stated they were issued in both outstanding bonds and future bonds.
Commitments have been made through official statements that PRPA has a valid, long-term power
supply agreement with the City and three other cities that helps establish the credit rating and helps
sell the bonds. If other utilities were authorized to serve a section of the City, that would be a clear
violation of the power supply agreement and violate the covenants under the bonds already issued
which would have an impact on PRPA's bond rating. PRPA is mostly concerned with the third
generation producers of 1 megawatt or more.
Councilmember Brown asked if a property owner generates power on his property and wants to sell
to a neighbor, must the power be run through PRPA's line, even though PRPA would not profit from
the transaction. Mr. Moeck stated PRPA would buy the power output from a renewable source and
sell it at the same cost to the city, who would then remarket the energy back into retail. That enables
PRPA to remain the sole power provider. The proposed Code change would prevent someone from
selling energy directly to a neighbor.
Councilmember Manvel asked if the practice of PRPA buying third party generation and selling it
to the City was included in the ordinance. He questioned whether the practice of buying third party
generation and selling it back to the City on a large scale would hurt PRPA's bond rating. Mr.
Moeck stated buying third parry generation was a practice of PRPA and is not part of the ordinance.
August 19, 2008
Joe Wilson, PRPA General Counsel, stated buying from a third party and reselling the energy is a
financial transaction and PRPA might lose a potential margin on sales. PRPA is willing to accept
that loss to promote renewable resources. PRPA maintains the bond covenants through the buy -sell
transaction by providing all requirements to the municipalities.
Councilmember Manvel asked if the buy -sell transaction policy should be included in the proposed
Code change. Mr. Wilson stated Council has broad discretion over the City's service territory and
Council would have recourse if it decides PRPA is not appropriately following through with policies
and practices.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to postpone
consideration of this ordinance on First Reading until a work session can be held that will provide
more background information on this item before Council makes its decision.
Mayor Hutchinson asked if the proposed ordinance inhibits or prevents cleaner energy sources to be
developed in innovative ways. Catanach stated the Ordinance does not inhibit innovation and does
not prohibit someone from providing power to a neighbor but the ordinance does prevent someone
from establishing a retail business where they are a direct provider to the neighbors. Mr. Moeck
stated the ordinance promotes cleaner energy development and can be modified at a later date if
technologies are developed that need to be handled differently. There is no intent to stifle the
development of renewable energy.
Councilmember Roy asked that the work session include a discussion on the steps Utility and PRPA
staff will take to encourage innovation and new ideas for a 21st century utility. City Manager
Atteberry stated a work session will provide opportunity to discuss steps already taken by PRPA and
Light and Power staff and will continue to do. As one of four partners with PRPA, Fort Collins
needs to work regionally to encourage the other communities to view these areas as more important.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 103, 2008,
Adopting Minimum Standards for Commercial Aeronautical Activities
at the Fort Collins -Loveland Municipal Airport, Adopted on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
The Airport has notpreviously adopted minimum standardsfor commercial aeronautical operations
occurring at or around the Airport. However, the FAA recommends that all federally funded
airports adopt minimum standards. This Ordinance authorizes the adoption of those minimum
standards.
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August 19, 2008
BACKGROUND
The purpose ofminimum standards is to provide a minimum level ofsafety and service to the general
public and to provide a "level playing field" for the aeronautical businesses that operate and
compete at the Airport. The FAA recommends through its Grant Assurances, that airports adopt
minimum standards as away to ensure fair competition and non-discriminatory practices. The
Cities have not previously adopted minimum standards for Airport businesses.
The minimum standards only serve to regulate commercial aeronautical businesses wishing to
operate at the Airport. The minimum standards set abase level ofservices and conditions that must
be met or exceeded to be an approved business. Businesses that are controlled by the Minimum
Standards include Fixed Base Operators (FBO), Retail Self Service Fueling Operators (RSFO) and
a host of Specialized Aviation Service Operators (SASO). SASO businesses include, but are not
limited to, aircraft repair shops, fight training, aircraft sales, aircraft charter, flying clubs, aircraft
rental, aircraft radio repair/sales, aircraft painting, to name a few. The standards regulate such
things as: hours of operation, minimum amounts of insurance, leased areas, hangar space, auto
parking, restrooms, trained staff, FAA certifications and regulatory requirements such as TSA
security standards.
The minimum standards will require that a license be granted annually to each aeronautical
business operating at the Airport. The annual license fee is set at $300. The license fee will be in
place ofthe 1 % ofgross sales, which will be discontinued upon approval ofthe minimum standards.
The minimum standards have been circulated for public comments and some changes have been
made as a result of the comments.
The minimum standards will be updated on a regular basis to provide for current or future changes
necessary to accommodate operational or regulatory changes; such processes will require public
comments and hearings before adoption. In addition, these standards do not impact or in any way
superseded any requirements in the City ofLoveland development and building standards required
for development and construction of the Airport grounds. "
Howard Abraham, 3362 Florida Drive, Loveland, President of the Fort Collins/Loveland Pilots
Association (FNL), stated the FNL objects to Article 3 in the Minimum Standards which deals with
self-service refueling for aircraft. Self-service should not involve situations where the self-service
provider must provide maintenance and other aviation related services other than self-service.
Lisa McAbe, Fort Collins -Loveland JetCenter Manager, asked that any changes or updates made to
the current draft of the Minimum Standards be made public before Council adopts them.
Councilmember Ohlson asked if the FNL was aware of Council's consideration of the Minimum
Standards. Dave Gordon, Fort Collins/Loveland Airport Manager, stated the Standards have been
developed through a long process. A draft of the Standards was provided to the pilots, businesses
at the Airport and the general public two years ago. A large outreach process was also done to gather
input. Changes were made as a result of that input. Two years ago negotiations were started with
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August 19, 2008
Airpark ofthe Rockies for a new "Through the Fence" agreement. Those negotiations required some
changes to the Minimum Standards to allow the agreement to comply with the Standards. Several
meetings of the Airport Steering Committee included discussion of the "Through the Fence"
agreement. Those meetings were public meetings and members of the FNL were present at those
discussions. When a new draft of the Minimum Standards was developed as a result of those
discussions, it was provided to the FNL and the public. Mike Freeman, Chief Financial Officer,
stated the changes made to the Minimum Standards over the last two years have nothing to do with
Article 3. Staff does have a difference of opinion as to how self -fueling should work on Airport
property. For a fixed -base operator, the majority of revenue is generated through fuel sales. In the
past 18 months, additional fuel sales have moved off of Airport property and into private hangars
where fuel sales are permitted. This has greatly impacted the fixed -base operator. The Minimum
Standards are needed to set the standard as to how business will be done and to articulate
expectations from the Airport to users but they can be changed in the future.
Mayor Hutchinson noted this issue needs to be resolved with all parties participating, including the
Airport Steering Committee, before either the Loveland Council or City Council makes a change.
He suggested remanding the issue to the Airport Steering Committee for resolution but that Council
move forward now with adoption of the Minimum Standards on First Reading.
Councilmember Ohlson stated changes could occur between First and Second Reading to help
resolve the issue. City Manager Atteber y suggested delaying Second Reading to September 16 to
allow time for resolution.
Councilmember Manvel asked if a hangar is built on leased property at the Airport reverts to the City
at the end of the lease agreement and how the terms of the "Through the Fence" agreement are made
comparable to properties located on the Airport property. Gordon stated the specifics for the
"Through the Fence" agreement are under negotiation to determine what is parity for the fees an
operator or landowner off -Airport pays to the Cities for providing access to the Airport.
Councilmember Manvel asked if the general license clauses such as the termination clause were
federally required. Gordon stated the FAA does not require a termination clause but it does
recommend the Airport owners maintain the ability to control the use of their property. It is typical
for Airport leases to have a definite term. Upon expiration of the term, the lessee can take the
improvements off the Airport property and put the property back to its original condition or they can
leave the improvements.
Councilmember Roy made a motion, seconded by Councilmember Brown, to adopt Ordinance No
103, 2008 on First Reading with Second Reading to be held on September 16.
Councilmember Manvel asked why a change was proposed from the current license fee of 1 % of
gross sales to a flat $300 license fee. Freeman stated figuring the fee based on 1 % of gross sales was
difficult to enforce as there are no auditors available to audit Airport businesses. Business owners
and operators have provided feedback that a flat fee would be much more manageable and easier to
enforce. The administration of a flat fee is much simpler. The fee change will not greatly affect the
income that is generated by licensing.
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August 19, 2008
Councilmember Ohlson stated the issue of controlling the number of fuel dispensing tanks at the
Airport is also an environmental issue. Freeman stated there are several issues surrounding fuel
dispensing at the Airport such as liability issues, finance issues and environmental issues.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2008-072
Adopting the Cultural Plan, Includine the Cultural Facilities Plan, Adopted
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution will adopt the Cultural Plan as a guiding document for the work of the Cultural
Services Department and for community -wide efforts in ensuring that arts, culture, and science
thrive in this community, add to the excellent quality of life, help drive the local economy and
tourism, and become an integral part of Fort Collins' unique identity. Adoption of the Plan does
not bind Council to implementation of any specific recommendation, and any recommendation
measure in the plan that requires Council action, including funding requests, would be brought to
Council for consideration on a case -by -case basis.
BACKGROUND
Cultural Services staff began the process of creating a Cultural Plan in 2005. Significant cultural
initiatives, like Beet Street and UniverCity Connections, were developed during the planning process
and the process was modified to accommodate and encompass these initiatives. A Community
Cultural Survey was conducted in 2005, a survey ofschool district educators was completed and the
work on the Cultural Facilities Plan involved an extensive outreach process. In August 2007, staff
and the consultants, Pfeiffer Partners and Webb Management Services, presented the draft Cultural
Facilities Plan to Council (Work Session Summary attached). Since that time, staff and the
consultants have worked to refine the goals, action items and recommendations ofthe Cultural Plan.
Staff has reviewed the Plan with the Cultural Resources Board, Youth Advisory Board, Parks and
Recreation Board, the Art in Public Places Board, and the Senior Advisory Board. Staff has also
worked closely with the UniverCity Connections Arts and Culture Task Group and with the DDA.
A public open house was held on May 5, 2008 to gain further insight from the community, including
organizations and citizens involved in the arts, culture and science.
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August 19, 2008
In May of 2008, staff presented the final draft of the Cultural Plan to Council (Work Session
Summary attached). At the Work Session, Council indicated they were generally in favor of the
goals of the Plan and requested some changes and additions to the Plan. The Cultural Plan draft
has been updated to reflect Council comments and concerns as follows:
Council Comments/Concerns
Changes/Updates Made
Review Prioritization of Goals with
Reordered Goals 1-6 to reflect prioritization. Goal
most important goals first
1 was moved to Goal 5. (page 3, page 10 and
throughout)
Concern about "Funding" an arts
Deleted the phrase "and fund" from Goal 2. It now
council
reads "Develop an Arts Council to promote and
support the business of the arts. " (page 3, page 10
and throughout)
Updated Recommendation 2.1 to read "Develop an
Arts Council for Fort Collins that can be sanctioned
or politically supported by the City. " (page 22)
Updated Recommendation 2.2 to read "Research
and develop a funding mechanism for an Arts
Council in order for it to be sustainable and
successful. " (page 22)
Placing "Quality of Life " in the
Re -worded Goal 5 to place "quality of life" in the
forefront
forefront. It now reads "Employ arts, culture, and
participatory science to improve Fort Collins'
quality of life, strengthen the local economy, and
increase tourism. " (page 3, page 10 and throughout)
Identify the appropriate role for the
Added "The City of Fort Collins' Role " section to
City in creating a climate for success
the Executive Summary. (page 4)
for arts, culture, and science as part of
the Executive Summary
Additional history of Colorado State
Added three bullets to the History Section. (page 5)
University
Additional mention of Building on
Added mentions to eighth bullet on page 6; fourth
Basics
paragraph on page 8; "Public Funding" on page
14; and last bullet on page 23.
Current figures
Updated public opinion survey to 2005 (page 7);
updated Fort Fund statistics to 2008 (page 7)
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August 19, 2008
Council Comments/Concerns
Changes/Updates Made
Add a recommendation for an
Added this recommendation to Goal 4, 4.4.C. (page
ombudsman to help arts and cultural
26)
groups applyfor grants.
Concern about providing 'free " space
Modified Recommendation 5.3. D. to read "The City
to artists
and other entities could offer unused space in
buildings for a nominal fee to artists. "
Review and soften the language in the
Reviewed and updated throughout the Plan
plan to allow for flexibility.
including 4.1 which now reads "Research and
develop sustained and on -going support for arts,
culture and science organizations... " and 4. LA.
now reads "Consider creating a Scientific and
Cultural Facilities District in Larimer County. "
(page 25)
Concern that adopting the plan would
Addressed in the AIS Executive Summary and
bind Council to implementation
Resolution.
Review previous Work Session
Developed AIS attachment showing three prioritized
Summary
lists of Cultural Facilities: austere, modest, andf ll
list of recommendations.
Minor grammatical and formatting changes "
Bruce Lockhart, 2500 East Harmony Road, stated the Plan contains proposals for many new cultural
facilities and he did not support any tax increase to build new facilities.
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Resolution
2008-072.
Mayor Hutchinson noted this is a non -binding Plan and is not groundwork to ask for a tax.
Councilmember Roy stated the Plan pulls together the River District, Beet Street, the DDA and plans
for North College with a cultural identity that will be unique to Fort Collins.
Councilmember Ohlson asked what changes have been made to the Plan to encourage participation
from lower -income community members. Jill Stilwell, Cultural Services and Facilities Director,
stated the education section of the Plan is the primary area where participation of lower -income
community members is encouraged.
Councilmember Ohlson stated there were many organizations and groups in the arts but they almost
never come together as a unified voice on what needs to be accomplished in the arts and culture.
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August 19, 2008
Stilwell stated the Plan was created to bring many groups together and to provide a guiding
document. The Plan includes a recommendation to develop an Arts Council that will help bring the
arts community together.
Councilmember Ohlson asked for highlights from the Plan. Stilwell stated this is the first Cultural
Plan created and is a major accomplishment for the community. It sets forth many goals regarding
facilities, an Arts Council, visibility, funding and arts education. The planning process was
collaborative as it brought together the City, local arts and culture and science organizations, artists,
community leaders, citizens and UniverCity. This will be a guiding document to further the
collaborative effort within arts, culture and science. The completion of the Cultural Facilities Plan
helps the City understand the needs of the community for future cultural facilities and what could
be supported. A big priority is for a 1800-seat performing arts center that would help the cultural
life grow. The community has a large number and a great diversity of organizations and artists and
they play an important role in cultural offerings and building the community.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and
Troxell. Nays: none.
" aqW&COUCOWtont7RI911a
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into Executive
Session as permitted under Section 2-31(a)(2) of the City Code, for the purpose of meeting with
attorneys for the City to discuss potential litigation and related legal issues. Yeas: Brown,
Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 11:25 p.m.
ATTEST:
Adiournment
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