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HomeMy WebLinkAboutMINUTES-05/20/2008-RegularMay 20, 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, May 20, 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. Staff Members Present: Atteberry, Harris, Roy. Citizen Participation The following citizens urged Council to adopt a resolution calling for the withdrawal of U.S. troops from Iraq: Joe Kissell, 913 West Oak Don Flick, 520 North Sherwood Ann Ruddy, 3724 Kentford Road Monte Barry, Park Lane Towers Zach Heath, 408 East Elizabeth Cheryl Distaso, 135 South Sunset Joe Stern, 421 South Howes Tony Baltic, 322 South Grant Steve Raymer, Fort Collins Mennonite Fellowship pastor Margaret Smith, 1980 Welch Street Paul Smith, Fort Collins resident Nancy York, 130 South Whitcomb John Anderson, Erie resident Lisa Olivas, Fort Collins resident Lloyd Walker, 1756 Concord Drive, stated the 3-unrelated ordinance has been effective in assisting and preserving the quality of life in his neighborhood. He requested a public progress report on the effectiveness of the ordinance throughout Fort Collins. Dolores Williams, 415 Mason Court, stated the 3-unrelated ordinance resulted in a "taking" of real estate property and should not be legal. She also urged Council to adopt a resolution calling for the withdrawal of U.S. troops from Iraq. Citizen Participation Follow-up Councilmember Ohlson stated Council consideration of a resolution calling for the withdrawal of troops from Iraq would not have any effect on decisions made at the national level. Those citizens who have spoken regularly at Council meetings about this resolution have made a greater impact than a Council resolution would have. He believed the war in Iraq was a colossal mistake. 324 May 20, 2008 Councilmember Manvel stated while the war in Iraq has been very costly, any resolution passed by Council will not bring about a quick resolution of the war. Councilmember Poppaw stated a resolution passed by Council regarding the war would not have any impact. The cost of the war is staggering, does have a local impact and the citizens that share those costs with Council have done much to keep the war in the public eye. Councilmember Roy stated the 3-unrelated ordinance has had a positive effect by lessening the impact of large numbers of renters in a neighborhood. He thanked the citizens for continuing their efforts to end the war in Iraq. Councilmember Ohlson stated the 3-unrelated ordinance is not considered a "taking" of real estate property but is a reasonable regulation. A "taking" is when a property owner is not allowed the reasonable, economic use of one's property, which this ordinance does not do. Agenda Review City Manager Atteberry stated there were no changes to the published Agenda. A citizen pulled Item #10 Second Reading of Ordinance No. 045, 2008, Authorizing the Conveyance of Non-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments, Inc., on a Portion of the City -Owned Timnath Community Separator. CONSENT CALENDAR 6. Second Reading of Ordinance No. 041, 2008, Amending Section 2-272 of the Cites Pertaining to the Duties and Functions of the Land Conservation and Stewardship Board. This Ordinance, unanimously adopted on First Reading on April 15, 2008, modifies the duties of the Land Conservation and Stewardship Board as contained in Section 2-272 of the City Code. The proposed modification will broaden the scope of the Board's functions to include review of City plans or projects, or projects or those of other public or private entities, that could have some impact on properties that are either owned by the Natural Areas Program or are of interest to the Program, if such review is requested by either the City Manager or the City Council. The Ordinance was amended on First Reading to expand the kinds of plans and projects that the Board may review and clarify that the duties of the Board do not include review of land use proposals submitted to the City for approval under the Land Use Code. The revised language was reviewed and clarified after First Reading to exclude from the new Board role development projects for which applications have been submitted to the City for approval under the Land Use Code. 325 May 20, 2008 7. Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building on Basics - Harmon, Seneca to College Avenue Project. This Ordinance, unanimously adopted on First Reading on May 6, 2008, appropriates funds for the widening of Harmony Road. The proposed improvements include widening West Harmony Road between Seneca and College Avenue to 4-lane arterial street standards including bike lanes, sidewalks and a reconstruction of the Harmony/Shields intersection. Construction is planned in 2008 for West Harmony from Seneca to the Burlington Northern Railroad, including the Harmony/Shields intersection. 8. Second Reading of Ordinance No. 043, 2008, Appropriating Prior Year Reserves in the General Fund to Purchase Property Located at 225 Maple Street. The City has acquired all of Block 32, with the exception of the property at 225 Maple Street. The Civic Center Master Plan includes two City office buildings on this block. The new office building has not been planned, but this property will be used either as the building site, a parking garage, or a park adjacent to the new building. This Ordinance, unanimously adopted on First Reading on May 6, 2008, appropriates the funds necessary to acquire the property and pay associated expenses for the purchase. 9. Second Reading of Ordinance No. 044, 2008, Authorizing the Conveyance of Real Property Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb Street. The property owners at 525 North Whitcomb Street wish to purchase from the City a small offsetting portion of Lot 1 of the Utility Service Center development, located immediately adjacent and north of 525 North Whitcomb Street to compensate for a historical encroachment by a neighboring property at 523 North Whitcomb . This Ordinance, unanimously adopted on First Reading on May 6, 2008, authorizes this conveyance. 10. Second Reading of Ordinance No. 045, 2008, Authorizing the Conveyance ofNon-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments. Inc., on a Portion of the City -Owned Timnath Community Separator. J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of the intersection ofI-25 and Prospect Road, is requesting 4 non-exclusive drainage easements across the 105 acre City property formerly known as the Vangbo Property, located in the Timnath Community Separator Area, on the east side of the I-25 East Frontage Road. In addition, J-B Investments is requesting a 20-foot temporary construction easement adjacent to the 30-foot drainage easement contiguous to the northern boundary. This Ordinance, unanimously adopted on May 6, 2008, authorizes the conveyance of these easements. 326 May 20, 2008 11. Second Reading of Ordinance No. 046, 2008, Re -authorizing the Issuance and Sale by the City of Fort Collins Colorado of Variable Rate Economic Development Revenue Bonds, Series 2008a (Custom Blending. Inc. Project) and of Taxable Variable Rate Economic Development Revenue Bonds Series 2008b (Custom Blending, Inc. Project) in the Combined Aggreizate Principal Amount Not to Exceed $5,000,000 for the Purpose of Financing the Acquisition, Construction and Equipping of a ManufacturingFacility in the City of Fort Collins, Colorado, and to Pay Certain Costs of Such Bond Issue; Approving and Authorizing Execution of a Trust Indenture, Loan Agreement, Promissory Note and Bond Purchase Agreement with Respect to the Bonds; Makin Findings indings and Determinations with Respect to the Project and the Bonds; Authorizing the Execution and Delivery of Related Documents; and Repealing. All Action Heretofore Taken in Conflict Herewith. On March 4, 2008 the City Council adopted Ordinance No. 022, 2008, authorizing the issuance of variable rate economic development bonds for Custom Blending, hic. That Ordinance provided Custom Blending a "60 day window," beginning on March 14th, to issue bonds. As a result of difficult financial markets and ongoing negotiations related to the site, the bond issue has been delayed and will not be completed by May 13th. This Ordinance, unanimously adopted on First Reading on May 6, 2008, will re -authorize the bond issuance and provide Custom Blending a new "60 day window" beginning May 30th to issue the bonds. This Ordinance will re -authorize the issuance of an amount not to exceed $5,000,000 of economic development revenue bonds for the Custom Blending, Inc. project (a small manufacturing company) from the annual statewide allocation the City receives. This is not the receipt of dollars, but the right to issue tax exempt bonds for purposes prescribed in the Internal Revenue Code by the federal government. Economic development revenue bonds are one type of bond that can be issued for private activity purposes. For fiscal year 2008, the City of Fort Collins received a private activity bond allocation of $5,504,218. These bonds are not an obligation of the City of Fort Collins. 12. Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the General Fund for Review and Analysis of the Draft Environmental Impact Statement for Northern Integrated Supply Project. Staff has been preparing for several months for the release of a Draft Environmental Impact Statement ("DEIS") associated with the Northern Integrated Supply Project ("NISP"). The DEIS was issued on April 30, 2008, and staff will now proceed to analyze NISP based on the DEIS rather than predictions of what the DEIS would contain. The DEIS contains approximately 700 pages of detailed analysis, together with numerous technical reports and other appendices, and preparation of meaningful comments will require substantial effort and the assistance of qualified consultants to provide input regarding potential impacts to the City and along the Poudre Corridor from NISP. The Ordinance, unanimously adopted on First Reading on May 6, 2008, appropriates $225,000 in General Fund reserves to assist with the costs associated with review of and commenting on the DEIS. Utilities and Natural Areas will also provide additional funding for this work from already -appropriated monies. 327 May 20, 2008 13. Second Reading of Ordinance No. 048, 2008, Authorizing the Lease of a Portion Of Running Deer Natural Area To Hageman Earth Cycle, Inc. Running Deer Natural Area was purchased in 3 transactions between 1998 and 2000. Included in the purchase was a 15-acre parcel leased to Hageman Earth Cycle by the previous owners for the operation of an organic material drop off site, material processing, and sale of landscape products. This portion of Running Deer has been leased to Hageman Earth Cycle since 2001. This Ordinance, unanimously adopted on First Reading on May 6, 2008, authorizes a new lease for one year with up to nine renewals. Since adoption on First Reading, staff has reviewed and revised the proposed Lease Agreement with Hageman Earth Cycle, in order to more fully address concerns that were raised in the Council's discussion of the item. In addition to clarifying that the Lease may only be renewed by mutual agreement, the Lease Agreement has also been modified to more specifically outline the requirements for stormwater planning and improvements on the Premises, and to set an interim deadline for that process. In addition, the Lease Agreement has been revised to make clear that any composted materials brought to the Premises must be from a legally compliant composting facility. Finally, a term has been added to the Lease requiring Hageman Earth Cycle, Inc., to provide a written report to the City upon request, regarding the actions taken by Hageman to identify and arrange for use of one or more relocation sites for Hageman's operations on the Premises and adjoining property. In addition, the Ordinance has been revised to direct the City Manager to at least annually review the status of compliance with lease and regulatory requirements and efforts by the Lessee to identify and arrange for a relocation site, and to report the outcome to the Council. 14. Items Relating to the Adoption of the 2006 International Building Code (IBC). 2006 International Energy Conservation Code (IECC) and Local Amendments. A. Second Reading of Ordinance No. 049, 2008, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Adopting the 2006 International Building Code®, with Amendments. B. Second Reading of Ordinance No. 050, 2008, Amending Chapter 5, Article II, Division 2, of the City Code For the Purpose of Adopting the 2006 International Energy Conservation Code®, with Amendments. The 2006 IBC and the 2006 IECC are the most up-to-date editions of the model building codes available that apply to newly constructed commercial, industrial and multi -family buildings (3 or more units), and new additions to such existing buildings. These Ordinances, unanimously adopted on First Reading on May 6, 2008, replace the obsolete 1997 Uniform Building Code (UBQ and companion energy code regulating multi -family and commercial buildings. Ordinance No. 050, 2008 was revised between First and Second Reading to add some technical provisions that had been omitted. Specifically these short amendments address 328 May 20, 2008 increased below -grade wall insulation and concrete slab -on -ground insulation required in new multi -family and commercial buildings, that were recommended by the code review committee. Additionally, a few words of superfluous and redundant language in another amendment were removed. 15. First Reading of Ordinance No. 051, 2008, Appropriating Prior Year Reserves inthe General Fund from Police Seizure Activities for Police Services. This Ordinance appropriates funds to be used by Police Services to purchase new equipment and pay for training as well as to fund partnerships with community groups that seek to promote positive youth activities, anti -violence, anti -drug, and diversity activities. It also appropriates funds from the Latimer County Drug Task Force Reserve to be used to purchase equipment and attend training specifically designed to obtain information from cell phones during the course of drug/non-drug investigations. 16. Items Relating to the Shields and Vine Enclave Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 052, 2008, Annexing Property Known as the Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 053, 2008, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Shields and Vine Enclave Annexation to the City. This is a request to annex an enclave of 4.84 acres at the northwest corner of North Shields Street and West Vine Drive and place the properties CL — Limited Commercial Zone District. The annexation area has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins Land Use Code, and the Northwest Subarea Plan. There are no issues or known controversies associated with this annexation. 17. Items Pertaining to the Fossil Creek Reservoir Open Space Annexation. A. Resolution 2008-045 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek Reservoir Open Space Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 054, 2008, Annexing Property Known as the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 055, 2008, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir Open Space Annexation to the City. 329 May 20, 2008 This is a 100% voluntary request to annex 328.75 acres knows as the Fossil Creek Reservoir Open Space and place the properties POL — Public Open Lands Zone District. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with this annexation. 18. First Reading of Ordinance No. 056, 2008, Vacating a Portion of Right -of -Way for Bi¢ Dipper Drive. This Ordinance vacates a portion of right-of-way for Big Dipper Drive. Big Dipper Drive right-of-way was originally dedicated as 60 feet in width (30 feet on each side of the centerline). This proposed roadway will be constructed by the Old Oak Estates development as a local residential street connecting Strauss Cabin Road with Northern Lights Drive. The current standards for a local residential street require a total of only 51 feet of right-of-way (25.5 feet on each side of the centerline). The developer has requested that the "excess" 4.5 of right-of-way on the north side, adjacent to their property, be vacated by the City. A utility and drainage easement will be retained and a new standard 9-foot utility and drainage easement will be dedicated on the old Oak Estates Plat. 19. First Reading of Ordinance No. 057, 2008, Authorizine the Lease of City -Owned Property at 906 East Stuart Street for Up to Five Years. The City has leased 906 East Stuart to River Song Waldorf School since August 2006. River Song has metthe national Community Development Block Grant Funding ("CDBG") criteria by serving a majority (51 % or more) of low -moderate income clients below 80% of the Area Median Income. This Ordinance requests authorization to lease the property to River Song Waldorf School for up to five years. 20. First Reading of Ordinance No. 058, 2008, Designating the George W. and Estella Bell House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The Bell House, 1108 West Mountain Avenue, was constructed in the late 1800s or early 1900s. The home is a good example of late 19th — early 20th century Vernacular Domestic Architecture, with classical details. The home and its associated front gable wood frame garage retain a preponderance of integrity, and the property significantly portrays the architectural characteristics predominant in Fort Collins at the turn of the last century. 21. Resolution 2008-046 Authorizing the Lease of City -Owned Property at 1506B West Horsetooth Road, for up to Two Years. The City acquired this property as part of the Affordable Housing Land Bank Program (the "Land Bank Program"). The total property is composed of 8.3 acres of development land. Currently this site has one single family residence, one building with an efficiency apartment 330 May 20, 2008 and garage, and horse facilities. One of the goals of the Land Bank Program is to hold land for a minimum of ten years. Leasing the property during this time period generates revenue for the program, eliminates ground maintenance and discourages vandalism in empty structures. The lease for 1506B West Horsetooth Road is for the efficiency apartment. 22. Resolution 2008-047 Naming an Alley Located in Downtown Fort Collins the "Montezuma Fuller Alley." The alley naming will allow buildings to have legal entries on the alley. It will simplify driving directions for residents, emergency personnel and delivery people. 23. Resolution 2008-048 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 24. Resolution 2008-049 Nominating Mayor Doug Hutchinson as a Candidate to the Executive Board of the Colorado Municipal League. This Resolution formally endorses the nomination of Mayor Doug Hutchinson as a candidate to the Executive Board of the Colorado Municipal League. Mayor Hutchinson is an active participant and continues to represent the City well as a member of the Colorado Municipal League Executive Board. 25. Resolution 2008-050 Making Appointments to the Building Review Board and the Parks and Recreation Board. A vacancy currently exists on the Building Review Board due to the resignation of David Carr who was appointed to serve on the CDBG Commission effective June 1, 2009. Councilmembers Ohlson and Roy reviewed the applications on file and are recommending Jim Schilling to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. Two vacancies currently exist on the Parks and Recreation Board due to the death of Walt Peeples and the resignation of Cathy Kipp. Applications were solicited and Councilmember Ohlson and Mayor Hutchinson conducted interviews. The Council interview team is recommending Fred Bitting and Shirley Christian to fill the vacancies with terms to begin immediately and set to expire on December 31, 2012. itiiiti 4 ► I •ZK•l, M =1: r iiiiiii Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris. 331 hG?llptIA 110.0i 6. Second Reading of Ordinance No. 041, 2008, Amending Section 2-272 of the City Code Pertaining to the Duties and Functions of the Land Conservation and Stewardship Board. Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building on Basics - Harmony, Seneca to College Avenue Project. Second Reading of Ordinance No. 043, 2008, Appropriating Prior Year Reserves in the General Fund to Purchase Property Located at 225 Maple Street. Second Reading of Ordinance No. 044, 2008, Authorizing the Conveyance of Real Property Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb Street. 10. Second Reading of Ordinance No. 045, 2008, Authorizing the Conveyance ofNon-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments, Inc., on a Portion of the City -Owned Timnath Community Separator. 11. Second Reading of Ordinance No. 046, 2008, Re -authorizing the Issuance and Sale by the City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds, Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic Development Revenue Bonds, Series 2008b (Custom Blending, Inc. Project) in the Combined Aggregate Principal Amount Not to Exceed $5,000,000 for the Purpose of Financing the Acquisition, Construction and Equipping of a Manufacturing Facility in the City of Fort Collins, Colorado, and to Pay Certain Costs of Such Bond Issue; Approving and Authorizing Execution of a Trust Indenture, Loan Agreement, Promissory Note and Bond Purchase Agreement with Respect to the Bonds; Making Findings and Determinations with Respect to the Project and the Bonds; Authorizing the Execution and Delivery of Related Documents; and Repealing All Action Heretofore Taken in Conflict Herewith. 12. Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the General Fund for Review and Analysis of the Draft Environmental Impact Statement for Northern Integrated Supply Project. 13. Second Reading of Ordinance No. 048, 2008, Authorizing the Lease ofa Portion OfRunning Deer Natural Area To Hageman Earth Cycle, Inc. 14. Items Relating to the Adoption of the 2006 International Building Code (IBC), 2006 International Energy Conservation Code (IECQ and Local Amendments. A. Second Reading of Ordinance No. 049, 2008, Amending Chapter 5, Article II, Division 2, of the City Code for the Purpose of Adopting the 2006 International Building Code®, with Amendments. 332 May 20, 2008 B. Second Reading of Ordinance No. 050, 2008, Amending Chapter 5, Article II, Division 2, of the City Code For the Purpose of Adopting the 2006 International Energy Conservation Code®, with Amendments. Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris. 15. First Reading of Ordinance No. 051, 2008, Appropriating Prior Year Reserves in the General Fund from Police Seizure Activities for Police Services. 16. Items Relating to the Shields and Vine Enclave Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 052, 2008, Annexing Property Known as the Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 053, 2008, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Shields and Vine Enclave Annexation to the City. 17. Items Pertaining to the Fossil Creek Reservoir Open Space Annexation. B. Hearing and First Reading of Ordinance No. 054, 2008, Annexing Property Known as the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 055, 2008, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir Open Space Annexation to the City. 18. First Reading of Ordinance No. 056, 2008, Vacating a Portion of Right -of -Way for Big Dipper Drive. 19. First Reading of Ordinance No. 057, 2008, Authorizing the Lease of City -Owned Property at 906 East Stuart Street for Up to Five Years. 20. First Reading of Ordinance No. 058, 2008, Designating the George W. and Estella Bell House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt and approve all items not withdrawn from the Consent Calendar . Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 333 May 20, 2008 Consent Calendar Follow-up Councilmember Troxell noted Item #7 Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building on Basics - Harmony, Seneca to College Avenue Project is a long overdue project that will improve Harmony Road and greatly benefit all of Fort Collins and he requested information on the installation of a signal at the Westbury intersection. City Manager Atteberry stated a signal will be located at that intersection, but currently there is no funding for the signal. Councilmember Ohlson thanked Mayor Hutchinson for his willingness to serve on the Colorado Municipal League Executive Board. Councilmember Manvel noted Item #22 Resolution 2008-047 Naming an Alley Located in Downtown Fort Collins the "Montezuma Fuller Alley" is the first alley naming for the downtown area. Staff Reports City Manager Atteberry stated Channel 14 offers live video streaming and video playback of Council meetings with more than 3000 video views each month. He recognized the Channel 14 staff for their quality of work. City Manager Atteberry noted a Transfort survey showed overall ridership is up 14.5% from first quarter of 2007 and that statistics showed improvements in ridership safety from 2007 to 2008. Jeff Scheick, Planning, Development and Transportation Director, gave a presentation on the road construction currently underway on East Harmony. Councilmember Reports Councilmember Ohlson reported Governor Ritter was signing a bill into effect that extends the life of the Downtown Development Authority. Resolution 2008-051 Establishing City Greenhouse Gas Reduction Goals, Adopted The following is staff s memorandum on this item. "FINANCIAL IMPACT The short-term financial impact will be assessed through the development of the updated Climate Plan that will be brought for Council consideration later this year. The timing and magnitude of the financial impacts, including costs and savings, will be established as Council makes decisions about how and when to implement strategies presented in the updated Climate Plan. Additional resources will be needed to manage the annual reporting and biennial review process. 334 May 20, 2008 EXECUTIVE SUMMARY In 1999, Fort Collins City Council adopted a community -wide greenhouse gas reduction goal "to reduce greenhouse gas emissions 30% below predicted 2010 levels, by 2010" and a plan to meet it. Biennial progress reports have shown that good progress is being made but that Fort Collins is not on track to meet the goal. At a February 26, 2008 work session, Council reviewed a series of measures developed by the Fort Collins Climate Task Force designed to help meet the 2010 goal. Council supported continued efforts to reduce local greenhouse gas emissions but expressed interest in establishing a new, longer -term goal that aligns with the newly established statewide goal. This resolution sets a goal to reduce Fort Collins greenhouse gas emissions 20% by 2020 and 80% by 2050, both when compared to 2005 emissions levels. It also calls for the preparation of an updated Climate Plan addressing how progress can be made on interim milestones and calls for an annual progress report and biennial review ofprogress on the new goal. BACKGROUND L Original 2010 Greenhouse Gas Goal In 1999, City Council adopted Resolution 1999-137, setting the goal to reduce citywide greenhouse gas emissions 30% below predicted 2010 levels, by 2010. The 1999 Fort Collins Local Action Plan to Reduce Greenhouse Gas Emissions outlines how to accomplish that goal. Fort Collins has made good progress reducing emissions since adopting the original goal. Highlights include conversion oftraffic signalsfrom incandescents to LEDs, implementing the still - growing Climate Wise business program, offering numerous energy conservation programs to residents and businesses, increasing Fort Collins percent of renewable energy through voluntary wind subscriptions and rate -based green power programs, and increased community recycling opportunities including installation of a centralized recycling drop-off facility. Benefits to the communityfrom implementing measures in the 1999 Local Action Plan have been wide-ranging and include air pollution reduction, reduced waste in the landfill, increased support for local businesses and the economy, and generally improved quality of life. By 2006, over 243, 000 tons of greenhouse gases were reduced through these efforts, or about 8 percent of emissions in that year. Recognizing that Fort Collins was not on track to meet the 2010 goal, City Council authorized a Climate Task Force (CTF) to develop an updated plan for the 2010 goal and to recommend a future direction for climate protection. The CTF developed an interim package of measures that were designed to meet the 2010 goal. At a February 26, 2008 work session, Council reviewed the interim Short -Term Provisional Package and raised questions about the appropriateness of the 2010 goal. Council decided to step back and revisit the community's greenhouse gas goal in hopes offznding an approach that reflects longer -term thinking yet remain appropriately aggressive in the short-term. IL Consideration of a New Greenhouse Gas Goal At a Council work session on March 26, 2008, Council was presented with information about three alternative future greenhouse goals, including a pair of statewide goals identified in the Colorado 335 May 20, 2008 Climate Action Plan. City staff and the Climate Task Force recommended that Fort Collins adopt the same goals identified for the state of Colorado: Reduce greenhouse gas emissions 20% below 2005 levels, by 2020. Reduce greenhouse gas emissions 80% below 2005 levels, by 2050. At the work session, Council expressed support for a Resolution to bring forward these goals for adoption. Two important factors set this pair ofgoals above other alternatives: 1. Consistency 2. Need. 1. Consistency The Colorado Climate Project was convened in 2007 to bring Coloradans together to reduce the state's contribution and vulnerability to climate change. In October 2007, the Climate Action Panel (CAP) recommended setting goals for reducing Colorado's emissions "in the vicinity of a 20% reduction in greenhouse gas emission by 2020 and an 80% reduction by 2050, both compared to 200 levels," along with numerouspolicy recommendations to reduce emissions. The goals recommended by the CAP were meant to be consistent with the parallel goal of an efficient, robust Colorado economy. The CAP believes these goals are realistic because: (1) the panel's quantified recommendations would achieve most ofthe reduction needed to meet the goal, (2) the remaining unquantified CAP recommendations would provide additional reductions, and (3) other measures beyond the CAP recommendations are available now and more will become available in thefuture. In November 2007, Governor Ritter released the Colorado Climate Action Plan that established the same goals to reduce Colorado's emissions 20% below 2005 levels by 2020 and 80% below 2005 levels, by 2050. On April 22, 20008 Colorado Executive Order D00408 formally established these goals for the State of Colorado. Local alignment with the statewide goals can increase cohesion of efforts and reduce confusion and lack of focus that could result when different goals are established by different entities. Even the terminology ofgoals can be confusing to the public. Adopting the same goals that have been setfor the state may help diminish this confusion. In addition, the recommended 2020 goal is in alignment with the directive provided to Platte River Power Authority in the Colorado Climate Action Plan that utilities should seek to lower their emissions 20% below 2005 levels by 2020. The recommended 2020 goal is also in alignment with discussion currently underway by the City of Fort Collins Energy Policy Update Committee. 336 May 20, 2008 2. Need Significant thought went into the selection ofstatewide goals, including considerations ofshort-term feasibility and longer -term efforts needed to avert the worst impacts of climate change. The state 2020 goal is largely built upon a plan of action strategies, and state leaders believe it is achievable in parallel with a robust Colorado economy. The recommended 2050 goal is grounded in scientific basis indicating that reductions ofgreenhouse gas emissions by at least of80%are needed by mid-century to avoid the most catastrophic impacts of climate change. In addition, the Fort Collins Community could realize tremendous ancillary economic, environmental, and social benefits when continuing to taking responsible steps to combat climate change, such as: • Support local businesses and stimulate economic development • Provide economic stimulation of research and development activities • Reduce home and business energy costs for heating, cooling and lighting • Reduce home and business motor vehicle fuel costs • Reduce dependence on foreign fuel sources • Reduce vulnerability to energy prices increases and volatility • Reduce peak energy demand and improve utilization of the electricity system • Diversify energy supply and reduce loads on transmission system • Reduce air pollution emissions including ozone precursors and fine particles • Improve public health • Improve local visibility • Reduce waste and increase landfill diversion rates • Reduce vehicle miles traveled and road congestion • Reduce water consumption in the community • Increase Fort Collins' ability to adapt to a changing climate • Provide opportunities for regional, state and national leadership and recognition. III. Current Emissions Projections The following table provides the current best estimates for Fort Collins greenhouse gas emissions levels and future projections. It is important to keep in mind that the emissions inventory and reduction quantification methodologies and data availability may continue to change with time, requiring updates to the numbers. Table 1. Fort Collins GHG Emissions, Projections, and Reductions Needed (517108) 337 May 20, 2008 Year Emissions Inventory Source Emissions Inventory Tons CO2e Emissions Inventory if Achieve Linear Reductions from 2008 to 2020 1990 Calculated om existing data 1,366,000 2005 Calculated rom existing data 2,540,000 2006 1 Calculated rom existing data 2,551,000 2007 Calculated rom existing data 2,653,000 2008 Future Projection 2,727,000 2,727,000 2009 Future Projection 2, 782, 000 2,669,000 2010 Future Projection 2,838,000 2,611,000 2011 Future Projection 2,894,000 2,553,000 2012 Future Projection 2,951,000 2,495,000 2013 1 Future Projection 3,008,000 2,437,000 2014 Future Projection 3,065,000 2, 379, 000 2015 Future Projection 3,123, 000 Z321,000 2016 Future Projection 3,179, 000 2,263,000 2017 Future Projection 3,235,000 2,205,000 2018 Future Projection 3,292,000 2,147, 000 2019 Future Projection 3,349,000 2,089,000 2020 Future Projection 3,407,0 00 2,032,0 00 IV Relationship of 2010 Goal to 2020 Goal The original 2010 greenhouse gas emissions goal would be successfully met if the community -wide emissions in the year 2010 were 2.466 million tons CO2e or less, according to the 2010 emissions projections when the goal was set in 1999. The Climate Task Force was charged with developing an updated plan to meet the 2010 goal and recommending a f eture direction for climate protection. They are working to bring forward an updated plan that, if implemented, will begin to turn Fort Collins emissions trajectory from growth to reduction. Achievement of the 2010 emissions target of 2.466 million tons CO2e will necessarily occur at some point between now and 2020 if actions are implemented to reduce emissions and progress is being made on a 2020 goal. V. Climate Planning and Reporting on a New Greenhouse Gas Goal In order to make progress on a goal, it is important to develop implementation plans, monitor progress and update plans as necessary. The proposed resolution calls for the development of an updated climate action plan that identifies interim milestones and strategies for achieving those milestones. It is not an efficient use ofresources now to develop a detailed implementation plan that addresses the entire path from the present to 2020 in light of evolving technology, market and regulatory conditions. However, the Resolution calls for the development and proposal to Council of an updated climate action plan that identifies interim milestones and sets the community on course to meet the 2020 goal. The Resolution also calls for annual progress reports to be prepared and biennial review ofprogress relative to interim milestones. Selecting even years for milestones will allow the opportunity to recommend actions in the next budget cycle. For example, a review of progress in 2010 would be completed in spring of 2011 and implementation actions could be 338 May 20, 2008 recommendedfor inclusion in the 201212013 budget cycle during the summer andfall of2011. The Climate Task Force endorses an annual reporting and biennial review schedule. VI. Anticipated Next Steps May- Climate Task Force completes recommendations to City Manager. June and July Staff develop recommendations, taking into consideration CTF recommendations. July 22 Council work session on draft updated Climate Plan. August Public Outreach /Board and Commission review. Sept. 16 Council action to adopt updated Climate Plan. Fall 2008 forward Subsequent Council actions to adopt specific GHG recommendations. " Lucinda Smith, Senior Environmental Planner, stated the City was not on track to meet its 2010 goal of reducing greenhouse gas emissions. The Climate Task Force was formed to update the Climate Plan to meet the 2010 goal and to recommend a future direction for climate protection in Fort Collins. The Task Force recommends a 20% reduction in greenhouse gas emission by 2020 and an 80% reduction by 2050. These goals are aligned with the goals set by the State of Colorado in the Colorado Climate Action Plan in 2007. Actions that reduce greenhouse gas emissions also bring about air pollution reduction, reduce ozone precursors, reduce reliance on fossil fuels and lessen the pressure on the landfill, which will benefit the community. Steve Wolley, 1406 Kenwood Court, Climate Task Force member, stated the Climate Task Force was also asking Council to include in the proposed Resolution, a commitment to continue to strive to meet the original 2010 goal, as set in 1999, by 2012. The commitment is to lower emissions below 2.5 million tons and, if met, will keep the City on track to meet the 2020 and 2050 goals. Zack Heath, 408 East Elizabeth, urged Council to include the Climate Task Force additional recommendation in the proposed resolution as interim goals are necessary to meet the 2020 goals. Lisa Olivas, Fort Collins resident, supported the addition of the 2012 goal to the resolution. Toni Carsten, 2343 Marshwood Drive, supported the recommendations of the Climate Task Force and the addition of the 2012 goal to the resolution. Eric Sutherland, 631 LaPorte Avenue, stated the City needed to incorporate procedures and protocols to ensure every City department is engaged in reducing greenhouse gases. Delores Williams, 415 Mason Court, spoke in support of the resolution. 339 May 20, 2008 Kevin Cross, 300 Peterson, spoke on behalf of the Fort Collins Sustainability Group, which supported the proposed resolution and its alignment with the State of Colorado greenhouse gas goals and the addition of the 2012 goal, as proposed by the Climate Task Force. Nancy York, 130 South Whitcomb, urged Council to adopt the goals in the proposed resolution and add the recommended 2012 goal to the resolution. Eric Levine, 514 North Shields, supported the goals proposed by the Climate Task Force and urged Council to add the 2012 goal to the resolution. Cheryl Distaso, 135 South Sunset, supported the proposed goals and urged Council to adopt the resolution. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Brown asked how reduction in greenhouse gas emissions would provide cost savings to citizens. Smith stated several strategies recommended by the Climate Task Force have an up -front cost and investment but, over time, will provide a net cost savings. Energy efficiency and vehicle miles of travel reduction are examples that will require investing in energy efficiency upgrades and expanding the infrastructure for transit, but the savings will occur over time. Councilmember Brown asked if the greater expense of producing wind energy was figured into the proposed recommendations. Smith stated a series of strategies will be presented to Council with different costs and savings and Council will be able to select the ones it wants to make progress on greenhouse gas reduction. Renewable energy strategies have a cost and do not necessarily bring a savings, but they provide other values such as reducing greenhouse gas emissions and dependence on foreign fossil fuel. John Stokes, Natural Resources Director, stated the ClimateWise program was implemented in the past several years and is a voluntary business outreach program that helps businesses reduce energy costs, improve recycling, and resolve transportation issues. Businesses have saved millions of dollars through the ClimateWise program and is an example of a cost effective program with a high return to the community. Councilmember Manvel asked if the 2012 goal proposed by the Climate Task Force was an achievable and economically feasible goal for the City. Smith stated the goal is achievable and the Climate Task Force has developed some strategies to enable the City to meet that goal. Council will need to decide whether implementing the proposed strategies is economically feasible and how the costs will be shared between the City and the citizens. Councilmember Poppaw asked if the Climate Task Force had collaborated with the 21 st Century Utility group. Smith stated both initiatives are important and two members of the Climate Task Force are working on the City's Energy Policy Committee, which is interacting with the 21 st Century Utility group. City Manager Atteberry noted the Climate Task Force started its work months ago and the 21 st Century Utility group started only recently. May 20, 2008 Councilmember Troxell asked which groups had approved the addition of the 2012 goal. Smith stated staff has not officially reviewed the amended version of the resolution but the Climate Task Force has specifically requested Council add the 2012 goal to the resolution. The goal set forth in 1999 did include a local action plan to reduce emissions that identified strategies that, if implemented, would achieve the goal in 2010. Some strategies in the 1999 Plan were out of local control. The Climate Task Force has focused on activities that are in local control but its recommendations do not identify every step needed to reach the 2020 goals. Mayor Hutchinson stated the Leadership Team asked staff to prepare an alternative resolution that includes the addition of the 2012 goal. City Attorney Roy read the alternative version of the resolution, which included adding "Whereas, the Fort Collins Climate Task Force has recommended that Council include in this Resolution an additional goal to the effect that the Fort Collins community reduce its current greenhouse gas emissions so that, by the end of 2012, such emissions do not exceed 2.466 million tons." Section 2 would be revised to read "that, pending attainment of such goals, the Council hereby expresses its intent to reduce current community -wide greenhouse gas emissions by the end of 2012 to a level not to exceed 2.466 million tons." Section 4 would add "including the milestone for the year 2012 referenced in Section 2 above." Councilmember Ohlson asked what the difference was between stating Council "expresses its intent" and stating the reduction as a goal. City Attorney Roy stated "expresses its intent" was an attempt to be acceptable to as many Councilmembers as possible. There is no legal difference in terms of the message expressed. The proposed phrase leaves the formal goals for the years 2020 and 2050, but does not establish the reduction by 2012 as a third goal. The language sets it as a milestone that will be the subject of a report from the City Manager. The resolution sets policy but is not legally enforceable against the City. Mayor Hutchinson noted the Colorado Climate Project goals were used to set realistic goals for the City. Using the 2020 and 2050 goals that track with the state's goals will enable the City to work better with the state and removes confusion over various goals. The 2012 milestone does not match with the state's goals and should not be called a goal. Councilmember Ohlson asked for progress reports on the City's efforts to reach the 2012 goal. City Manager Atteberry stated staff would provide Council with strategies and progress reports on a regular basis. Smith stated staff will present an updated Climate Plan to Council at the July 22 work session that will include milestones for the year 2012 and recommendations for strategies to reach that milestone. Councilmember Ohlson requested a comparison of Fort Collins to other cities across the country regarding actions taken to fight climate change. Councilmember Manvel was concerned about referring to the reduction by 2012 as an "intent" and not a "goal" and he stated having only the 2020 and 2050 reductions as "goals" was clearer and less confusing and did match with the State's goals. He asked that staff treat the "intent" as a "goal." 341 May 20, 2008 Mayor Hutchinson noted the new language added to the alternative version of the resolution specifically directs the City Manager bring an execution plan to Council that includes the milestone for 2012. Councilmember Roy asked if Section 1 contained any assurances that the City would meet the 2010 goals by 2012. City Attorney Roy stated nothing in the resolution establishes a guarantee that any of the goals will be met. The resolution is divided into the primary goals, which are the long-term goals, and steps along the way to attain the long-term goals, referred to as milestones, to demonstrate the progress being made. Section 1 contains the two goals with an explicit milestone expressed in Section 2. The other sections are statements of intent as to how the goals can be accomplished together with the requirement that the City Manager report to Council about the progress being made by identifying interim milestones and reporting on the efforts to reach those. Mayor Hutchinson stated the two goals being adopted in the resolution match the State's goals which were set with much input from experts around the state who worked for a year to develop them. Those goals are aggressive and are based on science. The milestones are interim measures to ensure that progress is made toward the big goals. Councilmember Ohlson stated the wording in the alternative version of the resolution did establish the intent of Council to move forward with efforts to reduce greenhouse gas and staff will provide progress reports on actions taken to achieve these goals. Councilmember Poppaw expressed her disappointment that the 2010 goal would not be met. Mayor Hutchinson noted the City has already put practices in place that reduce emissions and will continue to improve practices as well as put new ones into action. Stokes stated one way staff knows the 2010 goal will not be met is that progress is being measured. The City is ahead of many other cities because it monitors progress made. Councilmember Troxell made a motion, seconded by Councilmember Brown, to adopt the alternative version of Resolution 2008-051. Councilmember Manvel stated the expression of intent in Section 2 of the resolution clearly stated that a milestone is now in place and he supported the alternative version of the resolution. Councilmember Roy thanked the Climate Task Force and the Fort Collins Sustainability Group for the work done to move the City forward. Councilmember Poppaw stated this resolution contained achievable goals and she supported the alternative version of the resolution. Councilmember Ohlson stated a unified Council vote on this issue sends a strong message that Council strongly supports these goals. 342 May 20, 2008 Councilmember Troxell stated this resolution was supported by staff, Climate Task Force and Natural Resources Advisory Board and the milestones brought forward should be based in reality and achievable. Councilmember Manvel stated emissions have increased since 2005 and setting the milestone of reducing emissions by 2012 will be challenging but will be good for the community. Councilmember Brown stated the goals were attainable and he supported the resolution. Mayor Hutchinson stated the resolution set goals that were important and achievable and sets forth a process that sets milestones and also establishes a reporting procedure on progress made towards the goals. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 045, 2008, Authorizing the Conveyance of Non-exclusive Drainage Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B Investments, Inc., on a Portion of the City -Owned Timnath Community Separator. Adopted on Second Reading The following is staff's memorandum on this item. "EXECUTIVE SUMMARY J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of the intersection of I-25 and Prospect Road, is requesting 4 non-exclusive drainage easements across the 105 acre City property formerly known as the Vangbo Property, located in the Timnath Community Separator Area, on the east side of the I-25 East Frontage Road. In addition, J-B Investments is requesting a 20 foot temporary construction easement adjacent to the 30 foot drainage easement contiguous to the northern boundary. This Ordinance, unanimously adopted on May 6, 2008, authorizes the conveyance of these easements. " City Manager Atteberry stated the citizen who pulled this item misunderstood the content ofthe item and is no longer present. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No. 045, 2008, on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. MAI May 20, 2008 Other Business Mayor Hutchinson stated ballots for the proposed citizen -initiated Charter amendment would be mailed by the end of the week and he urged citizens to vote on the issue. Adjournmen The meeting adjourned at 9:20 p.m. ATTEST: