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HomeMy WebLinkAboutMINUTES-07/15/2003-RegularJuly 15, 2003 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, July 15, 2003, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Jan Gilligan, Fort Collins Museum Foundation President, invited Council and members of the audience to the first annual Native American music festival to be held on August 30, 2003 and spoke regarding upcoming events at the Museum. Jason Bowman, 3521 Fieldstone, commended Council for passage of the ordinance relating to homeowners' association covenants because it would allow conservation of resources. Al Baccili, 520 Galaxy Court, spoke in favor of repeal of the long-term open space sales tax. Kelly Ohlson, 2040 Bennington Circle, refuted and rebutted Mr. Baccili's comments regarding the open space sales tax. Citizen Participation Mayor Martinez thanked those who spoke during Citizen Participation. Agenda Review City Manager Fischbach stated item #17 Resolution 2003-084 Malting Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Administrative Hearing Officer Relating to the Bella Vista Project Development Plan would be withdrawn from the Consent Calendar and would be the first discussion item. July 15, 2003 CONSENT CALENDAR Postponement of Items Relating to the Peterson Annexation to August 19 2003 A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson Annexation to the City of Fort Collins, to August 19, 2003. B. Postponementof Second Reading of Ordinance No. 052,2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Peterson Annexation, to August 19, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the Structure Plan for the property known as the Peterson Annexation, and Council also unanimously adopted Resolution 2003-042, setting forth findings of fact and determinations regarding the Peterson Annexation. This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a half mile east of I-25 and south of Vine Drive. This requested zone district is Urban Estate. A Structure Plan amendment is also requested to change the designation of the property from Rural Open Lands/Stream Corridor to Urban Estate. Staff is requesting postponement of Ordinance No. 051, 2003 and Ordinance No. 052, 2003, to August 19, to allow Larimer County to complete its final plat review before annexation. Postponement of Items Relating to the Streamside Annexation to August 19 2003. A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins, to August 19, 2003. B. Postponement of Second Reading of OrdinanceNo. 054,2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation, to August 19, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the Structure Plan for the property known as the Streamside Annexation, and Council also unanimously adopted Resolution 2003-044, setting forth findings of fact and determinations regarding the Streamside Annexation. This is a request for a 100% voluntary annexation of approximately 73.67 acres, located just over half a mile east of I-25 and south of Vine Drive. This requested zone district is Urban July 15, 2003 Estate. A Structure Plan amendment is also requested to change the designation of the property from Rural Open Lands/Stream Corridor to Urban Estate. Staff is requesting postponement ofOrdinance No. 053, 2003 and Ordinance No. 054, 2003, to August 19, to allow Larimer County to complete its final plat review before annexation. 9. Postponement of Second Reading of Ordinance No. 094 2003 Authorizing the Transfer of Appropriated Amounts to be Used to Construct Interim Roadway Improvements on County Road 11 and Douglas Road, to July 22, 2003. Due to a publication error, staff is requesting postponement of the Second Reading of Ordinance No. 094, 2003. This Ordinance will be considered at an adjourned meeting on July 22, 2003. This Ordinance, which was unanimously adopted on First Reading on July 1, 2003, transfers existing appropriations from the Lemay Avenue Project into the North East Area Overlay Project, Phase 2 to construct interim roadway improvements on County Road I 1 and Douglas Road. 10. Postponement of Second Reading of Ordinance No 095 2003 Authorizing the Appropriation of Funds for Expenditures for Capital Improvements and Operating Expenses at the Fort Collins -Loveland Airportto July 22 2003 Due to a publication error, staff is requesting postponement of the Second Reading of Ordinance No. 095, 2003. This Ordinance will be considered at an adjourned meeting on July 22, 2003. The Airport's budget for 2003 did not include any cant' -over capital projects or new capital projects due to the change in management at the Airport. This Ordinance, which was unanimously adopted on First Reading on July 1, 2003, appropriates funds for capital improvements and operating expenses at the Fort Collins -Loveland Airport. 11. Postponement of Items Relating to the Swift Addition to Fossil Lake P.U.D. Annexation to July 22, 2003. A. Postponement of Second Reading of Ordinance No. 096, 2003, Annexing Property Known as Swift Addition to Fossil Lake P.U.D. Annexation to the City of Fort Collins, to July 22, 2003. July 15, 2003 B. Postponement of Second Reading of Ordinance No. 097,2003, Amendingthe Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Swift Addition to Fossil Lake P.U.D. Annexation, to July 22, 2003. Due to a publication error, staff is requesting postponement of the Second Reading of Ordinance No. 096, 2003 and Ordinance No. 097, 2003. These Ordinances will be considered at an adjourned meeting on July 22, 2003. On July 1, 2003, Council unanimously adopted Resolution 2003-080 Setting Forth Findings of Fact and Determinations Regarding the Swift Addition to Fossil Lake P.U.D. Annexation. On July 1, 2003, Council also unanimously adopted Ordinance No. 096, 2003 and Ordinance No. 097, 2003, annexing and zoning approximately 55 acres of privately owned property known as the Fossil Lake P.U.D. — Swift Addition, which is a County -approved development in the Fossil Creek Reservoir Planning Area. The recommended zoning is a combination of the LMN — Low -Density Mixed Use Neighborhood Zoning District, and the UE — Urban Estate Zoning District. 12. Postponement of Second Reading of Ordinance No. 098 2003 Authorizing the Transfer of a 151-acre Portion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program in Exchange for a Total Payment Amount of $1 890 306 to July 22 2003. In 2000, the City of Fort Collins Natural Areas program purchased 174-acres of the RR Farm along with 3.6 shares of the Lake Canal water for the Running Deer Natural Area. In discussion at the City Council study session regarding the draft I-25 Corridor Plan on August 27, 2002, there was general support for the City's Natural Areas program to purchase the 151-acre portion of the RR Farm from Utilities. This 151-acre transfer to the Natural Areas program would include the 2.4 shares of Lake Canal water associated with this portion of the RR Farm. This Ordinance, which was unanimously adopted on First Reading on July 1, 2003, authorizes the transfer of a 151-acre portion of the Resource Recovery Farm from the Wastewater Utility to the Natural Areas Program. 13. First Reading of Ordinance No 099 2003 Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to have criminals help defray the costs of policing. rd July 15, 2003 State statutes specify that the proceeds from such seizures are to be used for law enforcement purposes, and require that the governing body (City Council) of the seizing agency (Police Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and United States Supreme Court have consistently upheld the constitutionality of these statutes. 14. First Reading of Ordinance No. 100, 2003, Designating the Giddings House 704 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code. The owners of the property, Kevin Mabry and Kathlene Waller, are initiating this request for Fort Collins Landmark designation for the Giddings House. Due to the residence's excellent physical integrity, and high degree of architectural and historical significance, it may be regarded as individually eligible for landmark designation under City of Fort Collins Landmark Preservation Standards (A) - Association with events that have made a significant contribution to the broad patterns of history; (B) — Association with the lives of persons significant in our past; and ©) - Embodies the distinctive characteristics of a type, period, or method of construction. The property contains a historic residence, and a carriage house which was converted to a dwelling in the 1970s. The carriage house is not a part of these designation proceedings. 15. First Reading of Ordinance No. 101, 2003, Amending Section 1409 of the Fort Collins Traffic Code Relating to Compulsory Insurance. The Colorado General Assembly, in Senate Bill 03-239, amended the State law pertaining to compulsory insurance by repealing and reenacting in a new section. Current citations to Colorado Revised Statutes contained in the FCTC are therefore no longer correct and need to be updated consistent with the State statutes. There are no substantive changes to the compulsory insurance section of the Fort Collins Traffic Code by this amendment. 16. First Reading of Ordinance No. 102, 2003 Calling a Special Municipal Election to Be Held in Conjunction with the November 4, 2003 Larimer County Coordinated Election This Ordinance calls a Special Municipal Election to be held in conjunction with the November 4, 2003 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. 5 July 15, 2003 17. Resolution 2003-084 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Administrative Hearing Officer Relating to the Bella Vista Proiect Development Plan. On May 7, 2003, an appeal of the April 24, 2003 decision of the Administrative Hearing Officer to approve the Bella Vista Project Development Plan was filed by the Appellants Paul Thomas Kitze, Jeff Emmel, David and Cindy Leary, Shawki Ibrahim, Lynn Carlisle, and Philip and Dorothy White. On July 1, 2003, the City Council voted to uphold the decision ofthe Administrative Hearing Officer. In order to complete the record regarding this appeal, Council should adopt a resolution making findings of fact and finalizing its decision on the appeal. 18. Resolution 2003-085 Adoptiniz the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The guidelines for the Cultural Development & Programming and Tourism Programming accounts (Fort Fund) provide a three -tiered funding system. Organizations may apply for grants from these accounts to fund community events. Tier #1 was established as an annual programming fund for organizations whose primary purpose is to present three or more public events annually. These groups may apply for funding from Tier #1 each April. Tier #2 allows organizations that are not eligible for Tier #1 support to apply for funding of events that are not fund-raising in nature and do not generate more than $5,000 in proceeds after expenses. Tier #3 allows organizations that are not eligible for Tier #1 support to apply for funding of events that generate more than $5,000 in proceeds after expenses and are fund- raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each January and June. 19. Routine Easements. A. Deeds of easement from 22 West Mulberry Street property owners, to provide sufficient right-of-way for necessary curb, gutter and sidewalk improvements. Monetary consideration: $700. ***END CONSENT*** Ordinances on First Reading were read by title by City Clerk Krajicek. 13. First Reading of Ordinance No. 099 2003 Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. 0 July 15, 2003 14. First Reading of Ordinance No. 099, 2003, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. 15. First Reading of Ordinance No. 101, 2003 Amending Section 1409 of the Fort Collins Traffic Code Relating to Compulsory Insurance. 16. First Reading of Ordinance No 102 2003 Calling a Special Municipal Election to Be Held in Coniunction with the November 4, 2003 Larimer County Coordinated Election 23. Items Relating to Harmony Corridor Plan B. First Reading of Ordinance No. 103, 2003, Amending the Harmony Corridor Standards and Guidelines to Regulate and Guide the Development of a Lifestyle Shopping Center in the Harmony Corridor. C. First Reading of Ordinance No. 104, 2003, Amending the Land Use Code to Allow for the Potential Development of a Lifestyle Shopping Center in the Harmony Corridor. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt and approve all items not removed from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Consent Calendar Follow-up Mayor Martinez commented regarding item #13 First Reading of Ordinance No. 099, 2003, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. Councilmembers Bertschy and Weitkunat spoke regarding item #18 Resolution 2003-085Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Staff Reports City Manager Fischbach reported on the City purchase of the Swift Conservation Easement, employee participation in bus rodeos, professional planning certifications earned by Kathleen Reavis and Troy Jones, bike to work week turnout, and the commencement of Thursday night markets. He presented an update on the Council request status report and gave a water supply update. He stated conservation efforts had resulted in decreased demand and that there was an increased supply in spite July 15, 2003 of the continuing hot weather. He stated he had not lifted the watering restrictions because of the continuing drought and the need to continue to build a conservation ethic. Councilmember Reports Councilmember Kastein reported on the North Front Range Transportation and Air Quality Planning Council discussions relating to approval of a boundary change to the Metropolitan Planning Organization to accommodate growth in urban areas reflected in the 2000 census data and to approve a change in the payment schedule for participating entities. Mayor Martinez expressed a concern that City residents might perceive the continuing watering restrictions as "teaching them a lesson" and asked if restrictions were really needed. City Manager Fischbach stated the intent was to conserve a precious resource and that the new tiered pricing system would also have an effect. He stated minimizing the amount of water used would continue to be important because of water storage issues. He stated this was a complex issue and that many types of efforts were needed to address the issue. Councilmember Bertschy stated he had received many comments from citizens complimenting the City on not lifting the restrictions. He expressed appreciation for the support of the citizenry for conservation efforts. City Manager Fischbach noted that the East Larimer County Water District was continuing to follow the City's restrictions and that the Fort Collins -Loveland Water District had not. Councilmember Kastein stated he would like to see information regarding what the tiered block pricing was costing residents and suggested that be itemized on utility bills. Mayor Martinez asked for a report from the City Forestry Department regarding impacts of the watering restrictions on trees. Councilmember Roy thanked the City staff who made a tour possible for him and Councilmember Hamrick to see the efforts being made at Halligan Reservoir to determine the presence of an endangered species (the Preble's Meadow Jumping Mouse). Councilmember Bertschy stated he and Councilmember Weitkunat also participated in the same tour at an earlier time. City Manager Fischbach stated he and Councilmember Tharp had also participated in the same tour last year. E July IS, 2003 Resolution 2003-084 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Administrative Hearing Officer Relating to the Bella Vista Proiect Development Plan Adopted The following is staff s memorandum on this item. "Executive Summary On May 7, 2003, an appeal of the April 24, 2003 decision of the Administrative Hearing Off cer to approve the Bella Vista Project Development Plan was filed by the Appellants Paul Thomas Kitze, JeffEmmel, David and Cindy Leary, Shawki Ibrahim, Lynn Carlisle, and Philip and Dorothy White. On July 1, 2003, the City Council voted to uphold the decision oftheAdministrative Hearing Officer. In order to complete the record regarding this appeal, Council should adopt a resolution making findings offact and finalizing its decision on the appeal. BACKGROUND: The Appellants' notice of appeal was based on the allegations that the Hearing Officer failed to conduct a fair hearing and made certain errors in interpretation and application of the City's Land Use Code. At the July 1, 2003 hearing on this matter, Council considered the testimony of City staff, the Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing, Council determined that the Administrative Hearing Officer did conduct a fair hearing and that the Hearing Officer did properly receive all relevant evidence offered by the appellants. City Council determined that the Administrative Hearing Officer conducted a fair hearing and did not fail to properly interpret the Land Use Code. Accordingly, the Council upheld the decision of the Administrative Hearing Officer. " ("Secretary's Note: Councilmember Kastein left the meeting at this point.) City Manager Fischbach introduced the agenda item. City Attorney Roy stated this was a Resolution that would bring finality to the hearing held at the last meeting with regard to the Bella Vista project. He stated the Resolution would formalize the findings made at the conclusion of the hearing. July 15, 2003 Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Resolution 2003-084. The vote on the motion was as follows: Yeas Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Kastein withdrawn) THE MOTION CARRIED ("Secretary's Note: Councilmember Kastein returned to the meeting at this point.) Items Relating to the Harmony Corridor Plan, Adopted. The following is staffs memorandum on this item. "Executive Summary A. Resolution 2003-086 Amending the Harmony Corridor Plan (an Element of the Comprehensive Plan of the City) to Allow for the Potential Development of a Lifestyle Shopping Center in the Harmony Corridor. B. First Reading of OrdinanceNo.103,2003,AmendingtheHarmonyCorridorStandardsand Guidelines to Regulate and Guide the Development of a Lifestyle Shopping Center in the Harmony Corridor. C. First Reading of Ordinance No. 104, 2003, Amending the Land Use Code to Allow for the Potential Development of a Lifestyle Shopping Center in the Harmony Corridor. The City has initiated certain amendments to the Harmony Corridor Plan to allow a Lifestyle Shopping Center on the vacant property adjacent to the LSI Logic facility at the northwest corner ofHarmony Road and Ziegler Road. The property is currently designated in the Harmony Corridor Planfor Basic Industrial and Non -Retail Employment uses. Theproposed amendment wouldpermit on the property, in addition to the current list ofemployment land uses, a Lifestyle Shopping Center. In addition, certain amendments areproposed to the Harmony Corridor Standards and Guidelines, which implement the Plan, including adding new definitions, along with a few additional design standards and guidelines that establish uses, size and character. BACKGROUND: Over the past several years, staffand the public have discussed the possibility ofan additional, new regional shopping center somewhere in Fort Collins. Information obtained through the City Plan Update process shows that there is sufficient market demand for onefuture regional shopping center 10 July 15, 2003 somewhere in the region. Over the past few years, three regional shopping center developers have approached City staffabout locating in Fort Collins. Staff evaluated available large vacantparcels within Fort Collins and from that analysis the property at the northwest corner of Harmony Road and Ziegler Drive emerged as the best available site. From a market perspective, the preferred location is somewhere near the southern end of the city near 1-25. Most recently, a national developer has approached the City to propose an outdoor regional retail center (Lifestyle Shopping Center) on the subjectproperty. Theproperty is approximately 140 acres in size. The proposed Lifestyle Center is estimated to include approximately 80 acres, leaving the remaining 60 acresfor basic employment and secondary uses. The size ofthe Lifestyle Center would be expected to fall between approximately 250,000 — 450,000 square feet, with an upper limit of 800,000 in the event the shopping center was highly successful. No further details on either the retail, residential or employment phases have been provided at this early stage in the process. To permit a shopping center at this location requires an amendment to the Harmony Corridor Plan as well as certain amendments and additions to the Harmony Corridor Design Standards and Guidelines. Theprocess to amend the Harmony Corridor Plan has included numerous opportunities for citizen review and comment including opportunities to learn more about and ask questions at a City -sponsored neighborhood meeting and a public open house. In addition, information about the proposed amendment has been published on the City's Web site and the amendment has been well covered in the local news media. Staff also met with the original citizen's advisory committee for the Harmony Corridor Plan, as well as the Downtown Development Authority, Chamber of Commerce, City boards and commissions, and other interested groups and individuals. See attachments #3 and #4. Finally, on June 10, the City Council held a Study Session on the proposed amendment during which several issues and concerns were raised (see attachment #5). The key considerations of economic impacts and employment land inventory are analyzed in a Lifestyle Center Economic Impact Analysis Final Report (see attachment #6)_ And, City staff evaluated preliminary traffic considerations (See attachment #7). Planning and Zoning Board Recommendation On June 19, the Planning and ZoningBoard voted 7-0 to approve a recommendation to City Council to adopt the items relating to the Harmony Corridor Plan Amendments (see attachment #8). A part of the Board's discussion was regarding the recommended definitions and standards. In particular, the discussion focused on the issue ofwhether the definitions and standards sufficiently "tied down" the uses and character that were portrayed in the various images and literature provided by City staff and the developer. While the Board generally felt comfortable with the definitions and standards as presented, they encouraged and authorized the City staff to further investigate possible improvements. July IS, 2003 Subsequently, the staff further evaluated the definitions and standards including getting help from outside experts. The product of this further work is a set of new, improved definitions and design standards. Staffreviewed the updated information with the Planning and Zoning Board at a recent Study Session. Both the Board and City staff are very comfortable with the new information. Staff Recommendation Staff is recommending approval of the proposed amendment to the Harmony Corridor Plan and Standards and Guidelines for the following reasons: • A Lifestyle Center at this location will significantly strengthen our community as a center for retail trade in the region • The trade area and demographics to support this type of Center clearly points to Fort Collins as the best location • A Lifestyle Center will f ll a market need that is not currently met elsewhere in Northern Colorado • A Lifestyle Center will significantly contribute to Fort Collins' quality of life by providing more choice in shopping • A Lifestyle Center will protect and enhance our retail tax base • The proposed site is currently the best site in our communityfor a Lifestyle Center from a market standpoint • The proposed site is an infill site which is ready for and capable of handling a Lifestyle Center • A Lifestyle Center would significantly contribute to the shopping opportunities for residents and employees who live and shop in the Harmony Corridor • The City has adequate development requirements and standards in place to insure compatibility with surrounding residential neighborhoods • The inventory of land for employment is adequate to allow for projected job growth " CouncilmemberKastein stated hewould be withdrawing from participation in discussion and voting on this agenda item due to a perceived conflict of interest. He stated he had determined that technically there was no conflict of interest but that there was the appearance of a conflict of interest due to his employment with LSI Logic and the potential sale of property by that company in connection with the Lifestyle Center project. ("Secretary's Note: Councilmember Kastein left the meeting at this point.) City Manager Fischbach introduced the agenda item. Greg Byrne, CPES Director, stated this was a decision point with regard to amendment of the Harmony Corridor Plan. He stated the proposed amendment would permit, but not require, a 12 July 15, 2003 Lifestyle Shopping Center. He stated there was a shortage of commercial zoning in Fort Collins and that this was a key issue identified during the City Plan update process. He stated the proposed development proposal had triggered an extensive evaluation of land use, transportation and economic effects. He stated staff was guided by characteristics adopted by the Council in December to guide the completion of the City Plan update. He stated one of those characteristics was expansion of the economic base and employment options, including retail trade. He stated the Planning and Zoning Board had considered the amendment and unanimously recommended the adoption of the plan changes. He stated the Board had discussed the amounts and types of retail at the site and the size of public spaces in the development. He stated other staff members would present information regarding land use, transportation and economic impacts of the proposed amendment. Pete Wray, City Planner, spoke regarding land use issues and presented visual information regarding the site and its surroundings and the current and proposed uses. He described the proposed location of the Lifestyle Shopping Center and the current LSI Logic site and showed slides depicting the proposed Shopping Center. Mark Jackson, Transportation Planner, spoke regarding transportation issues relating to the proposed amendment. He spoke regarding anticipated traffic access and circulation and presented visual information showing the site and the overall traffic context. He stated a reconstructed interchange at Harmony and I-25 made this an attractive site for development in this corridor. He stated a preliminary traffic analysis was completed regarding the traffic that would be generated by this site for office/employment as compared with a retail center. He stated the retail center would generate more traffic and that the traffic patterns would be different than the peak hour patterns of office/employment. He stated the major concerns expressed by English Ranch residents related to cut -through traffic to avoid arterial congestion and that those issues would need to be addressed by any development on this site. He stated improvements would be needed at several intersections, particularly at the primary access points and that the specifics would be determined at the time an actual development application was made and a full transportation impact study was done. Clark Mapes, City Planner, spoke regarding economic impacts of the proposed amendment and spoke regarding the findings of the City Plan update. He stated the update included a finding that northern Colorado would support more than one lifestyle center and that this lifestyle center would capture some sales that would otherwise leave the City. He stated the revenue potential was between $1.3 and $2.4 million in new net sales for the City. He stated there could be a potential loss to the City of between $1 and $2 million in total sales tax. He stated this shopping center would bring new competition to the market and would mean lost sales for some retail stores, including the Foothills Fashion Mall. He stated it was not anticipated that there would be any significant impact on the downtown because of location, distance and the unique nature of the downtown. He stated staff had concluded after a review of the employment land inventory that there was sufficient vacant land within the Growth Management Area for future employment. He spoke regarding the time schedule, key tasks and public outreach associated with amending the Harmony Corridor Plan. He stated staff 13 July 15, 2003 was recommending the amendment because it would (1) add a unique new element to a diverse economy, (2) fill a market void not currently met in northern Colorado, (3) protect and maintain the City's retail tax base, and (4) allow an infill development with good access along a State highway. John Davis, 2625 Newgate Court (English Ranch neighborhood), spoke in support of the amendment to the Harmony Corridor Plan. He stated he had no concern with regard to cut -through traffic. Marie Kilia, Harvest Subdivision resident, supported the Harmony Corridor Plan amendment because it would allow a Lifestyle Center to be built that will offer new jobs to the area; it will help to keep sales tax dollars in Fort Collins; it will be an additional amenity offered to prospective companies talking about relocating here; and it will mean that the site would be available for retail should this developer decide not to proceed at this time. Al Koppel, 1219 Ticonderoga Drive Golden Meadows resident, asked that this project be expedited and placed on a fast track with adequate City staffing so that this opportunity is not lost. Les Kaplan stated he was a former member of the advisory committee for the Harmony Corridor Plan, a representative of a property that was part of the Hewlett-Packard master plan, and a citizen who would like to see Fort Collins maintain its prominence in northern Colorado and promote a prominent sales tax situation. He stated this procedure for amending the Harmony Corridor Plan was unusual because it was initiated by the staff rather than the applicant. He stated staff should be complimented for taking the initiative and acknowledging that Fort Collins needs to have more regional shopping properties to expand the regional tax base of the City. He reminded the Council that this amendment to the Harmony Corridor Plan had not received the same scrutiny and public hearing process that was received by the original plan. He urged the Council to have be open minded and apply the same type of flexibility in amending the Harmony Corridor Plan in the future if a property were to come forward that would be appropriate for a retail land use. He stated this property was only one of the candidate sites on Harmony Road and that it should not be elevated as the only possible property on Harmony Road appropriate for a lifestyle center or for expanded retail development. He stated the property he represented in the Hewlett-Packard plan could be an appropriate site for retail development and that he would like to see the same flexibility on such other sites as was shown for this site. David Silverstein, Bayer Properties principal of Birmingham, Alabama, introduced himself to the Council and stated his company would like to bring a successful project to Fort Collins as was done in Birmingham. He spoke regarding the benefits of the Birmingham project to the community, including sales tax capture and enhanced quality of life. He commended the City staff for their hard work. Laura Johnson stated economic development was justifiable and important part of a City's fabric but that "community" should also be emphasized. 14 July 15, 2003 Councilmember Hamrick asked about the reference in the written information to "mixed use dwellings" that would be permitted in conjunction with the retail based mixed uses in the center and asked for a further explanation regarding mixed use buildings and dwellings. Mapes stated these would be dwellings with two stories and upstairs apartments or offices. Councilmember Hamrick stated he was encouraged by that because it would provide flow -through visitors and traffic for the commercial center. City Manager Fischbach stated this would be similar to the riverfront project in Portland. Councilmember Hamrick asked if level of service impact on the interchange at I-25 would be measured. Jackson stated the developer would be required to discuss the parameters of the traffic study with the City's traffic engineer at the time of application. Councilmember Hamrick asked if the developer would be required to pay to mitigation some of the traffic safety impacts in the impacted neighborhoods. Jackson replied in the affirmative. Councilmember Hamrick asked how long it would take to reach the projected sales net figure. Byrne suggested that the question be directed to the developer. Mr. Silverstein stated the project would not be started until there were sufficient pre -leases to make the project a success and that the City should begin to receive high level sales tax revenues immediately upon opening. He stated it was anticipated that the project would be at a high occupancy level at grand opening. Byrne stated the revenue projections were based on a center of 250,000 to 500,000 square feet and that the actual size of the center would be unknown until an application would be submitted. He stated the project could open in phases. Councilmember Bertschy asked about architecture and style and asked for confirmation that this would not be a long, linear strip mall such as one in Littleton. Mapes stated the intent was that this not be a mall such as the one in Littleton. Councilmember Bertschy stated he hoped to see a transit system that would link the commercial shopping centers and asked how transit would be addressed. Jackson stated this was identified as a major transit corridor in City Plan and transportation plans. He stated at the time of application and site design that the City would work carefully with the developer to ensure that the design would not preclude transit and that it would actually work in favor of transit. He stated preliminary conversations with the developer have indicated an interest in maximizing transit. Mapes stated transit requirements were covered in the Land Use Code. Councilmember Tharp asked about Mr. Kaplan's comment that the Harmony Road Corridor Plan was being changed only to accommodate this particular site and asked if there was an advantage to looking at whether the amendment should be expanded to cover other parcels in the corridor. Byrne stated staff did not feel that the time was right to do that based on the economic consultant's 15 July 15, 2003 conclusion that there would be one center of this type in northern Colorado. He stated this amendment was a response to a proposal that had merit and that staff did not believe that this was the time to add multiple sites for potential lifestyle centers. He stated staff also believed that it was smart to be responsive and approach such questions in the future with an open mind. He stated the property represented by Mr. Kaplan was one of the six that had been proposed to this and other developers. Councilmember Tharp stated she would like to see transit connecting the downtown, the mall and a lifestyle center and would like to see transit encouraging traffic between all three spots. Councilmember Weitkunat made a motion, seconded by Councilmember Tharp, to adopt Resolution 2003-086. Councilmember Hamrick stated he would support the motion. He stated he believed that this was the right time and the right place for this development. He stated he was encouraged by the staff comments at the Planning and Zoning Board meeting regarding efforts that would be made to address traffic safety concerns in the surrounding neighborhoods. He stated this would have the less impact on community quality of life than many other types of developments. Councilmember Weitkunat stated she would support the motion. She noted that this was an amendment to a plan that was 11 years old and that such plans need to change as the community changed. She stated this was a valid place for an adjustment to the plans. She stated this was a potential development and that this action would merely set the stage to create the development. Councilmember Roy stated a project such as this would provide employment opportunities. He stated this was a progress and forward thinking change in light of the changing economic situation. He stated transit would be a critical issue for this site. Councilmember Tharp stated her original concern was whether the City had a good mix of land available for primary jobs and retail and that she had been convinced by the staff that there was adequate land available for primary jobs other than retail. She stated she therefore saw this as an appropriate move. She stated she would like to see the City continue to attract key primary jobs because of recent job losses. She stated she felt that this would be a good use as long as there was adequate land elsewhere for employment. Councilmember Bertschy stated he would support the Resolution. He stated this proposal would fit City Plan to a "T" because it showed that City Plan worked and could be flexible and that infill development would be the way of the future in Fort Collins. He stated it would help the City enhance its quality of life and maintain some of the economic niche the City has had. He stated this could reduce vehicle miles traveled to other locations. He stated he saw this as a step to continue to make Fort Collins a great place to live. 16 July 15, 2003 Mayor Martinez stated he fully supported this project. He stated transportation would be an issue for the project and that a private shuttle funded by the private sector could be an option. He stated he felt that this was a good direction for the City to take and that this was an important project for the community. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Kastein withdrawn) THE MOTION CARRIED Councilmember Bertschy made a motion, seconded by Councilmember Tharp, to adopt Ordinance No. 103, 2003 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Kastein withdrawn) THE MOTION CARRIED Councilmember Weitkunat made a motion, seconded by Councilmember Tharp, to adopt Ordinance No. 104, 2003 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Martinez, Roy, Tharp and Weitkunat. Nays: None. (Councilmember Kastein withdrawn) THE MOTION CARRIED ("Secretary's Note: Councilmember Kastein returned to the meeting at this point.) Resolution 2003-087 Accepting the Report of the Fort Collins Fluoride Technical Study Group (April 2003) and Affirming the City's Present Practice of Water Fluoridation Adopted The following is staffs memorandum on this item. "Executive Summary The Fort Collins Water Board recommends that the City discontinue water fluoridation. The Larimer County Board of Health and the Health District of Northern Larimer County recommend continuing the practice of water fluoridation. 17 July 15, 2003 At the May 27, 2003 City Council study session, information on fluoridation was provided by the Fluoride Technical Study Group (FTSG), the Fort Collins Water Board, the Health District of Northern Larimer County and the Lorimer County Board of Health. As a result of the information provided to Council and the subsequent discussion at the meeting, a majority of Councilmembers expressed an interest in: 1. Continuing, in general, the practice of water fluoridation; and 2. Having the staff research the possibility of reducing the amount of fluoride added to the water. (Note: This research was completed and it was determined that there is insufficient justification to lower the level offluoride below 0.9 parts per million. The present level is 1.0 parts per million.) Since the time of the meeting, the Council express an interest in taking formal action on the issue offluoridation with the consideration of the following two options: Option A: Resolution 2003-087 Accepting the Report of the Fort Collins Fluoride Technical Study Group (April 2003) and Affirming the City's Present Practice of Water Fluoridation. Option B: First Reading of Ordinance No. 105, 2003, Amending Section 26-50 of the City Code so as to Cease Fluoridation of the City's Water Supply. BACKGROUND: In 1954, an ordinance was presented to the voters that would have allowed fluoridation. It failed. In July, 1966, the City Council adopted a resolution authorizing fluoridation and directing the Director of Public Works to fluoridate. In September, 1966, a group of citizens petitioned the Council to adopt an ordinance prohibiting fluoridation unless the voters approved fluoridation. Later that month, the Council adopted such an ordinance. In 1967, the Council submitted to the voters an ordinance authorizing the Council to add fluoride to the water. The ordinance was approved by the voters. While this voter -approved ordinance authorized fluoridation, it differed from the previous, Council -adopted ordinance in that it did not direct the Utility to fluoridate the water. 01 July 15, 2003 The Council's authority to fluoridate was later added to the City Code, and the City began fluoridating its water. In 1986, as part ofa recodification of the Code provisions dealing with water, another sentence was added to the Code by the Council actually directing the Utility to fluoridate its water to the levels established by the Colorado State Department of Heath. Current Situation In 2001, the Water Board was asked to review the issue offluoridation of the city water supply and to make a recommendation to City Council. After the Board's review, it recommended that the City discontinuefluoridation. This recommendationprompted localpublic healthprofessionals and local dental care professionals to express concern about the lack ofa scientific review ofthe health effects offluoridation. As a result, the City agreed to work cooperatively with the Health District of Northern Larimer County (formerly the Poudre Health Services District) to evaluate the available scientific information about the benefits and risks of water fluoridation. A Technical Study Group was formed consisting ofa variety ofexperts, advocates for and against fluoridation, and stafffrom the City and the Larimer County Board ofHealth. For over a year, the Technical Study Group reviewed and evaluated a vast amount of scientific information regarding the benefits and risks ofwaterfluoridation. The Study Group also conducted four public meetings as part of its process of soliciting and reviewing information. In early 2003, the Study Group completed its review and reported its findings to the Fort Collins Water Board, the Larimer County Board ofHealth, and the generalpublic. The Executive Summary and Introduction of the report is attached. In brief, the Study Group found that: • water fluoridation is an effective mechanism in reducing and preventing dental caries (cavities); • there does not appear to be any conclusive evidence of any significant health risks associated with water fluoridation; • it appears that the benefits offluoridation exceed the associated costs; and it does not appear that the contaminants normally found in hydrofluorosilicic acid (HFS) used to fluoridate the city's drinking water pose a health risk to the community. As ofthis date, the Larimer County Board ofHealth, the Health District ofNorthern Larimer County Board and the Fort Collins Water Board have reviewed the Study Group's findings and made recommendations to the Fort Collins City Council. The Board ofHealth has recommended that the City continue with water fluoridation (recommendation attached). The Fort Collins Water Board has recommended that the City discontinue water fluoridation (recommendation attached). The 19 July 15, 2003 Health District of Northern Larimer County Board voted to strongly support the continuation of water fluoridation. " Mayor Martinez explained the rules of conduct for this hearing. City Manager Fischbach introduced the agenda item and the individuals who would be making brief presentations to the Council. Doug Yadon, Water Board member, summarized the major points expressed by nine of 11 Water Board members who recommended the discontinuation of water fluoridation in Fort Collins. He stated there was evidence that fluoridation, even at low concentrations, could be harmful to sensitive populations. He stated the lifelong effects of cumulative overexposure to fluoride were not known and that the relative benefit of water fluoridation was significantly less than in previous decades. He stated the primary mission of the Water Utilities was to provide safe and clean drinking water to its customers and that adding fluoride to the City's water did not make it safer. He stated the majority of Water Board members strongly supported the concept of publicly supported preventative dental care and treatment efforts for the at -risk population. He stated the risk to the public and Water Utility personnel associated with the transport and handling of HFS would be eliminated if water fluoridation was to be discontinued. He stated capital and operational cost savings to the Water Utility and its customers was a minor consideration in the Board's recommendation to discontinue water fluoridation. Dr. Bruce Cooper, Medical Director at Poudre Health District, member of the Fluoride Technical Study Group, described the public process, study parameters and findings of the Study Group. He stated the Study Group responded to statements made by the public at the public hearings and made the following findings: (1) that dental caries continued to be a problem for high risk groups that did not have access to dental care, (2) that exposure to water fluoridation in Fort Collins could be expected to reduce cavity levels in all age groups, (3) that minor and severe fluorosis did not occur until there were much higher levels of fluoride than the current levels, (4) that the available evidence showed that there was no effect on cancer rates, specifically bone cancer rates, or on bone fractures and disorders or on thyroid or immune functions, (5) that there was no credible evidence or biologically plausible theory that water fluoridation was unsafe, and (6) that fluoride separates into three separate natural and well -studied substances and it is not considered to be a safety issue. He stated the study group conducted an exhaustive review of the evidence to address issues raised at the public meetings and that the group reached a consensus that water fluoridation is likely to be both effective and cost effective in Fort Collins at the current time and that there was an acceptable level of safety. He stated the study group's findings were presented to the Board of Health and the Water Board. Blair Troutwein, local attorney and Larimer County Board of Health member, stated the Board of Health strongly recommended that the City continue to fluoridate its water supply within the range 20 July 15, 2003 designed for optimal dental health benefit. He stated the Board of Health concluded that 50 years of scientific evidence supported water fluoridation and that it outweighed substantially any known risk. He stated the Board of Health concluded that there was a small risk of cosmetic dental fluorosis and that the bigger risk to small children was swallowing toothpaste. He stated the Board of Health saw no studies that showed a relationship between water fluoridation and significant diseases such as cancer and bone or joint diseases. He stated many groups such as the American Dental Association continued to support fluoridation of water. He stated the Board of Health was convinced that optimal water fluoridation resulted in a reduction of cavities and that reduction outweighed monetary concerns and any known risks. He stated fluoridation worked better by ingestion with small children and by topical use later in life. He stated the lowest levels of lead in blood in Colorado are in Fort Collins, Larimer County and El Paso County. He stated changing fluoridation could expose the population to other risks and that none of the alleged side effects are proven over 50-60 years of use in the United States. He stated the trend in the country is to increase the number of communities that fluoridate water. He stated the Board of Health recommended that the Council consider using the lower range of accepted fluoride in water as opposed to the current fluoridation level and that there be continued study of the issue of HFS at the water plant. He stated the Board of Health recommended that dentists in the area not prescribe fluoride supplements to children in areas where there was a fluoridated water supply. He stated the Board of Health recommended that there be an education program regarding the use of fluoride products by children under the age of 6. He stated the Board of Health also wanted to encourage nutritional programs recommending balanced diets. Lee Theilen, representing the Board of the Poudre Health District, stated the Board voted unanimously 5-0 to state as follows: "We urge the City of Fort Collins to continue its commitment to the health and well being of residents by continuing to fluoridate our community's water." She stated the Board discussed and debated whether to take a position and determined after looking at the results of the technical study that it would be irresponsible not to take a position. She stated prevention was always better than treatment and that in Fort Collins fluoridation meant 4,500 cavities per year avoided at a minimum (a 25% reduction). She stated the issue was health of the population and looking for the best public policies for the community. She stated fluoridation was favored by the American Water Works Association, the Larimer County Board of Health, the medical society, the dental community, the Centers for Disease Control, and the World Health Organization. She stated the only downside demonstrated convincingly was a cosmetic effect of dental fluorosis and that there were significant benefits demonstrated on the positive side. ("Secretary's Note: The Council took a brief recess at this point.) Councilmember Tharp made a motion, seconded by Councilmember Weitkunat, to limit citizen participation to two minutes each. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: Councilmember Roy. 21 July 15, 2003 THE MOTION CARRIED Mayor Martinez stated each participant would have two minutes to speak. The following individuals spoke in favor of continued fluoridation: Nancy Gurld, public health professional. Dan Felzien, State Fluoridation Specialist, Colorado Department of Public Health and Environment. Jim Heaton, 416 North Roosevelt. Sheryl Ankerstar, 1113 Hawkeye, public health nurse. Dr. Zachary Kaplan, 4785 Hogan Drive. Tom Pixley, Fort Collins general dentist. Greg Evans, pediatric dentist, 2961 Silverplume Drive. Dr. Paul Sherrick, orthodontist and acting president of the Larimer County Dental Association. Dr. Adrienne LeBailley, Larimer County Health Department. The following individuals spoke in opposition to continued fluoridation: Shaun Fowler, 1812 Enfield. Willow (no last name stated), allied health worker and herbalist. Elizabeth Nance, 209 South Sherwood Street. Yvonne Longacre, paralegal in constitutional law. Dr. C. Cherny, 707 Columbia Road. Bree Bidline, 615 West Myrtle Street, representing the Poudre Canyon Sierra Club. Eric Levine, 145 North Meldrum. Dennis Gallegos, 1030 East Vine Drive. Richard Jones, 1512 Elm, chemist. Ken Tharp, 601 Birky Place. Stephanie Gallegos, 1030 East Vine Drive. Paul Clopper, 2407 Ute Court, former Water Board member. Randy Kavner, Fort Collins resident. Jerry Gerber, former Fort Collins resident and Kansas City resident during the past four years. Lynn Mosher, Fort Collins resident and mother of an autistic child. Dan Mode, Loveland resident. Elena Sparrell, second day resident of Fort Collins and licensed acupuncturist. Leo Buccellato, 2238 Iroquois Drive. Eileen Pinedo, 1013 Greenfield Court. Laura Johnson, 712 West Myrtle Street. Sarah Bush, 638 South Meldrum Street. Judith Volt, Fort Collins resident. Lee Yates, Loveland health food store manager. 22 July 15, 2003 Nancy York, 130 South Whitcomb. Patty Caputo, clinical nutritionist and organizer of Clean Water Advocates. Dr. Jack Pudo, clinical nutritionist and chiropractor. Mayor Martinez stated citizen participation was concluded. Mayor Martinez asked about the quality of the research done by the technical study group. Ms. Theilen stated the technical study was viewed as "state of the art" by the Center for Disease Control. Mayor Martinez asked if fluoride was being used in Europe in water or in salt or other forms. Mr. Troutwein stated some places in Europe fluoridate water and those that did not fluoridate had other systems in place. He stated there was forced fluoridation in place in Europe. Councilmember Roy asked how much water a 10-year old should drink to have the best chance to reduce cavities. Dr. Cooper stated the child should drink enough water to quench his or her thirst with a one milligram/liter concentration of fluoride. He stated the same benefit of small frequent exposures of fluoride could not be obtained through daily brushing of teeth. Councilmember Roy asked how much water a 10-year old would have to drink to be overexposed to fluoride. Dr. Cooper stated the weight of the child and dosage would have to be determined and that there was a balance between any adverse health effects (dental fluorosis) and benefits of low dose exposure to fluoride. Councilmember Roy asked about the effect of cavities on different age groups. Dr. Cooper stated about 20% of two to four year old children could be expected to have cavities and about 80% of 17 year old children would have evidence of at least one cavity. He stated the average was about 7 to 8% cavities. Councilmember Roy asked how many cavities per year were prevented by the use of fluoride in Fort Collins. Ms. Theilen stated the estimate was that 4,500 cavities per year were prevented by the use of fluoride in the municipal water supply. Councilmember Roy asked when the FDA approved HFS as an additive to the City's water to help combat cavities. Mr. Troutwein stated under the Clean Water Act the EPA develops the National Primary Drinking Water regulations and sets the maximum contaminant levels for drinking water. He stated the maximum level was set at 4 milligrams per liter and that the City fluoridated at 1 milligram per liter. He stated the FDA had been given jurisdiction over food and drugs and was involved with respect to bottled water. 23 July 15, 2003 Councilmember Roy asked when the FDA approved the use of HFS in the City's water since he saw the City as using it as medical practitioners as a drug. Mr. Troutwein stated fluoride when added to water was under the jurisdiction of the EPA rather than the FDA. Councilmember Tharp asked about the apparent concern about low income children who have significantly higher levels of cavities and asked why water fluoridation was not effective for such children. Dr. Cooper stated the question was what the levels would be without fluoridation and that in "control communities" that do not fluoridate there were significantly higher levels of cavities in that same population. He stated 25% of the people in this country suffered from 80% of the caries (cavities). Councilmember Tharp asked if that level of caries could be addressed by better nutrition, hygiene and prenatal care. She stated it was conceivable that those actions would result in the same level of decrease in caries as was accomplished by adding fluoride. Dr. Cooper stated those were all important endeavors that would require behavior change. He stated the most cost effective method of reducing caries was community water fluoridation. Councilmember Tharp asked how the Health Department addressed those issues. Mr. Troutwein stated the Health Department has attempted to address those issues through various programs and that some of the programs have been at risk during these economic times. He stated people with cavities come from all levels and that it was a public health issue for all of society. He stated there was a difference between fluoride issues and some other issues. Councilmember Kastein asked about arsenic poisoning issues. Dr. Cooper stated arsenic red and other substances were in HSF concentrated liquid. He stated the amounts of these substances were strictly regulated by the National Sanitation Foundation and State laws. He stated these substances were also in raw water and that the Water Quality Laboratory monitored concentrations of arsenic, lead, etc. in finished water. He spoke regarding the regulated levels and stated the City was well below the maximum levels. He stated arsenic levels increased by an extremely small amount when HSF was added to water and that it was believed that it was negligible and was not related to an increased cancer or other risk. Councilmember Kastein asked if there was arsenic specifically because of HSF or because of fluoride gathering arsenic as it traveled through people's systems. Dr. Cooper stated it was specifically because of HSF. Councilmember Kastein asked if studies had been done to say that the levels of arsenic in the population had not increased for at -risk individuals. Dr. Cooper stated the EPA sets the maximum levels to be several levels lower than what they believed the health factors to be and that the City's levels were well below the maximum levels. 24 July 15, 2003 Councilmember Kastein asked if a person who drinks abnormally large quantities of water was at higher risk. Dr. Cooper stated there were several known cases of skeletal fluorosis in the United States in a half century in several individuals who drank excessive amounts of water. He stated in our community there would be no adverse health effects among people who drink three to four times as much water as the average individual because of the margin of safety in one milligram per liter. Councilmember Kastein asked about Dr. Cooper's reference to the average number of cavities as 7 with fluoridated water and 8.5 with non -fluoridated water. Dr. Cooper stated this reference was from a 1986-87 survey of thousands of U.S. school children. Councilmember Kastein asked about the longterm costs of additional cavities for an individual. Dr. Cooper stated caries were treated with drillings and fillings and that the average cost in this community was probably around $100 for a single surface filling. He stated there were many 17 year olds who had twice as many cavities and 20% had no cavities at all. He stated the impact of accumulation of cavities would continue throughout life and the mean number of cavities for adults could be as high as 60 to 80 surfaces. Councilmember Weitkunat asked about the toxicity and heavy metals in an 8 ounce of water and how long fluoride would stay in the individual's system. Dr. Cooper stated fluoride was concentrated topically in saliva and in the surface of the tooth and that 50% of the fluoride swallowed would be cleared through the kidneys and 50% would be distributed to teeth and bone. Councilmember Hamrick asked whythe Board of Health recommended loweringthe amount ofHFS in the water supply system and stated appeared to be contrary to Dr. Cooper's statement that people could drink three to four times the amount of water without harm. Dr. Cooper stated we are drinking only one part of HFS per 10 billion liters of water. He stated during the warm months it becomes effective to drop the dosage of fluoride slightly because less was needed for strengthening teeth. He stated the issue was not that people drink more water during warm weather. Councilmember Hamrick asked if a person gets more fluoride than the recommended dose if there is a risk of dental fluorosis to some groups. Dr. Cooper replied in the affirmative and stated the risk was higher for younger people and that the risk was almost nonexistent after age 8 or 9. Councilmember Hamrick asked what percentage of people in Fort Collins were at risk for dental fluorosis. Dr. Cooper stated there had been no surveys of the local communities regarding caries rates or dental fluorosis. He stated regional data from the 1980s showed that there was about a 20% incidence of very mild dental fluorosis among children. Councilmember Hamrick asked how many people that would be. Dr. Cooper stated this was 20% of children from 5 to 17 years old. He stated dental fluorosis affects individuals for life and that there was some evidence that it moderated over time. 25 July 15, 2003 Councilmember Hamrick stated he was interested in a number because of references to 4,500 cavities being prevented through fluoridation. He stated he would be interested in the cost to the sensitive population that gets dental fluorosis and asked what the cost would be to limiting that situation for that population. Dr. Cooper stated a CDC survey of American school children looked at the issue of dental fluorosis. He stated dental fluorosis was a cosmetic tooth condition and that most people with the condition are not even aware of it. He stated the estimate of people who would be concerned about it was about 2%. He stated there were various methods to treat the condition. Councilmember Hamrick asked about references in a Health District staff survey done in 2002 for the oral health program that one in three third graders in low income populations had evidence of untreated cavities. He asked how the other factors (nutrition, diet, behaviors, etc.) that influenced dental hygiene could be controlled to determine that fluoride impacts a certain percent ofpopulation. Dr. Cooper stated studies control for those factors in a variety of ways, such as establishing a control community with comparable socioeconomic levels, and obtaining specific information from individual children regarding health habits, access to dental care, tooth brushing, use of fluoride supplements, etc. He stated a fluoridated community could have a caries rate higher than a non - fluoridated community because of other factors. Councilmember Hamrick stated Council has heard that more study is needed because of uncertainty regarding the health hazards of HFS, and the study from the NFST indicated that there were no known health consequences. He asked why both the EPA and the National Toxicology Program called for further studies of HFS. Dr. Cooper stated the National Toxicology Program reviews substances based on nominations from any agency, entity or public member and that several citizens nominated HFS for study. He stated the National Toxicology Program did an initial assessment and made a conditional decision to study HFS. He stated the EPA expected to find complete disassociation and, if so, it was expected that the National Toxicology Program would not go ahead with its study. Councilmember Roy asked about fluoride in the ecosystem and environment and the implications of using fluoride in 35,000 acre-feet of water that ends up in waterways and on lawns, etc. He asked if there were implications in rising levels of fluoride for fish and wildlife. Dr. Cooper stated one expert on the issue stated there was no known effect and it was not an issue of concern. Councilmember Roy stated if topical application made a difference for humans that it made sense that it had implications in the natural environment. He asked for confirmation that the HFS purchased by the City was industrial waste from Cargill. Dr. Cooper stated the three substances used across the United States to fluoridate water came from by-products of the fertilizer industry. Councilmember Roy asked what percentage of a 100 pound bag would be HFS. Dr. Cooper stated HFS came as a liquid in large trucks. 26 July 15, 2003 Councilmember Roy asked what percentage of a tank would be HFS. Dr. Cooper stated his assumption was that it would be 100%. Mayor Martinez asked about the point of Councilmember Roy's question. Councilmember Roy stated his personal opinion was that the use of fluoride in the City water supply was misguided and that other substances were being introduced through this industrial waste. He stated the issue was what was being put in the water and why. He expressed a concern that the answers to these questions were not known. He stated it was his opinion that the City was misguiding adding this material to the water supply. He stated adding industrial waste to the water supply was adding impurities and subsidizing removal of harmful and poisonous substances from other locations. Mayor Martinez asked if the material added to the water was dangerous after it was diluted. Dr. Cooper stated the technical study group discussed the health issues related to adding fluoride at one mg/liter and found that there were no adverse health effects. Councilmember Bertschymade a motion, seconded by Councilmember Kastein, to adopt Resolution 2003-087. Councilmember Hamrick asked about recommendations of the FTSG regarding sensitive populations and what the City would do to educate the sensitive population regarding risks. Councilmember Weitkunat suggested the inclusion of information on fluoridation in City utilitybills. Mayor Martinez stated he would favor including factual information rather than theoretical information. He stated he would not favor issuing warnings unless substantiated by agreed upon facts. Dr. Cooper spoke regarding the findings of the technical study group regarding dental fluorosis and formula for infants. Mayor Martinez asked if there was a process for the City to inform people about those findings. City Manager Fischbach stated staff could prepare a report regarding what the City would do with regard to the recommendations of the technical study group. Councilmember Hamrick stated he was interested in knowing the number of affected people in sensitive populations in Fort Collins in order to help with the cost -benefit analysis. He stated a cost - benefit analysis was done for discontinuing fluoridation and that such an analysis was not done for continuation of fluoridation. He stated those two costs needed to be weighed. Mayor Martinez asked if the argument was that the City should provide dental care. 27 July 15, 2003 Councilmember Hamrick stated if it was more cost effective to pay for dental hygiene programs for those who need it that it would make sense to pay for that rather than fluoridating the entire community. Councilmember Bertschy suggested that the staff report to Council answer the question about how the City could accomplish that. Councilmember Kastein stated programs that do not require a behavior change are often more cost effective than programs that require a behavior change. Councilmember Roy thanked the groups, boards and citizens who participated in the review and discussion process. He stated it is difficult to know whether the use of chemicals will be beneficial in the long term. He urged the Council to vote against continuing fluoridation because long term risks were unknown and because there were health risks to City employees. He stated the worst thing to do would be to put an entire population at risk for the benefit of a few. He stated these are difficult economic times and that it was projected that $500,000 would be needed for improvements and that $100,000 would be needed each year to keep the program going. He stated this would cost the City $22.22 for each of the 4,500 cavities. He questioned the continuation of fluoridation from the ethical perspective and stated this would be a decision to mass medicate the entire population without regard to dosage. He stated the mission of the Water Utility should be to deliver clean and safe water to the City. Councilmember Bertschy thanked the citizens who participated in the discussion on both sides of the issue. He stated the letter received from the Health District expressed his feelings on the issue: "Water fluoridation is a complex and sometimes emotional issue. We are deeply concerned about the increase in dental caries that would occur in our community if the City of Fort Collins discontinued water fluoridation. We are hopeful on July 15'h when Council considers fluoride in a public meeting that science and the health of the public will continue to be the foundation for the Council's decision." He stated the issue was trust and noted that many individuals have staked their professional reputations in taking positions. He stated the scientific process involved research and statistical analysis and that the evidence is in favor of fluoridation. He stated the overwhelming preponderance of research supports continued fluoridation and that he did not see it as a difficult decision to continue fluoridation. Councilmember Tharp stated she was influenced by the Water Board report that fluoride can be harmful to small populations. She stated a number of studies are inconclusive, that the report of the technical study group had many qualifiers, that people can be overexposed to fluoride from a variety of sources, that she was not convinced of the relative benefit in light of the number of caries and the cost involved, that there are other contaminants involved, that this is a form of medication, and that the necessary behavioral changes have not been addressed. She stated the cost savings did not impress her one way or the other. She stated she was convinced that the Water Board looked at this M July 15, 2003 issue in detail. She stated she did not believe that the City should continue to fluoridate water because of the limited benefit and potential harm to small groups. Councilmember Weitkunat stated this was a difficult decision and that public opinion was very valuable. She stated one of the most important pieces of evidence was looking at the statistics that were presented. She stated 75% of the public water service jurisdictions in Colorado were fluoridated and that number was rising. She stated many credible entities support community fluoridation. She stated she personally did not see a need to fluoridate but that as a public official she felt that public health had to be considered. She stated information was presented to show that this was a cost effective and positive program for the entire community. Councilmember Hamrick stated he would not support continued fluoridation of the City's drinking water. He stated the Council should protect public health and that he would not support legislating medication of the population with a substance that had questionable safety and effectiveness. He stated he would support a moratorium on fluoridation until more information could be obtained on HFS. Councilmember Kastein thanked those who provided input. He stated good science had been used to evaluate the issue and that Council received an excellent report from a group that Council formed to look at the issue. He stated this group recommended continued fluoridation. He stated fluoridation was mainstream public health and that other ways to get the same effect would require behavior changes. He stated adding fluoride to water gets the public benefit without requiring any change by people. He stated there are purported health risks and that such risks are not proven. He stated the City did not "mass medicate" without regard to dosages. He stated he believed it to be the job of the Council to continue fluoridation. Mayor Martinez stated many other entities and organizations support fluoridation. He stated there were no autopsy reports of people dying of fluoride. He stated the decision needed to be based on scientific facts as they are known at this time. He stated the Council must make a decision in favor of the public health. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez and Weitkunat. Nays: Councilmembers Hamrick, Roy and Tharp. THE MOTION CARRIED The consensus of the Council was to continue the meeting. 29 July 15, 2003 Resolution 2003-088 Making an Appointment to the Natural Resources Advisory Board, Adopted. The following is staff s memorandum on this item. "Executive Summary A vacancy exists on the Natural Resources Advisory Board due to the resignation of Steve Ryder. Councilmember Hamrick and Mayor Martinez reviewed the applications on file and did not reach an agreement for the vacancy. The Council interview team wishes to submit two names for Council's consideration for that position. Applications are attached for the two applicants being considered. " Clint Skutchan, Natural Resources Board applicant, reaffirmed his desire to serve on the Board and spoke regarding his background and experience. Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt Resolution 2003-088 inserting the name of Clint Skutchan. Councilmember Kastein stated he was influenced by Mr. Skutchan's appearance at the meeting and stated he would support his appointment. Councilmember Tharp stated she would support the appointment of a backup choice to fill a vacancy. Councilmember Hamrick supported the appointment of Joann Thomas to the Board. Mayor Martinez supported the appointment of Mr. Skutchan to the Board. Councilmember Weitkunat supported appointing the previous backup choices to fill vacancies. Councilmember Roy supported the appointment of Ms. Thomas to the Board. Councilmember Bertschy spoke in favor of following the process. Mayor Martinez stated he would vote for Mr. Skutchan. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Tharp and Weitkunat. Nays: Councilmembers Hamrick and Roy. 30 THE MOTION CARRIED Other Business July 15, 2003 Councilmember Bertschy made a motion, seconded by Councilmember Hamrick, to cancel the August 5, 2003 Council meeting due to Neighborhood Night Out activities. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED Adjournment Councilmember Bertschy made a motion, seconded by Councilmember Roy, to adjourn the meeting to July 22, 2003 at 6:00 p.m. to allow Council to consider additional business. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Hamrick, Kastein, Martinez, Roy, Tharp and Weitkunat. Nays: None. THE MOTION CARRIED The meeting adjourned at 10:40 p.m ATTEST: VOAL)�. Citv Clerk 31 r� Mayor