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HomeMy WebLinkAboutMINUTES-10/06/2009-RegularOctober 6, 2009 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, October 6, 2009, 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: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Audrey Wayker, 1241 Constitution, urged Council to enforce the occupancy ordinance and to replace the street lights on Constitution Avenue that are not working. The gate to the New Mercer Ditch needs to be repaired by the ditch company. Stacy Lynne, 216 Park Street, asked for greater transparency in the Transfort information provided to the public and for clarification of the number of riders per hour on City buses. Katy Hoffner, Fort Collins resident, stated US Senate Bill 1733 will create clean energy jobs, promote energy independence, and reduce global warming and she urged Council to support the bill. Eric Sutherland, 631 LaPorte Avenue, stated the state requirement for public notice of utility rate increases was not met in 2008. No notice of the proposed rate changes for 2010 has been posted. Part of the proposed rate increase includes payment for additional power purchases from a wind farm in Wyoming and the rate payers of Fort Collins are being asked to pay a disproportionate part of the cost for that wind power. Sue McFadden, 6021 Wild View, asked Council to support US Senate Bill 1733 for clean energy. Gary Wockner, 516 North Grant, requested that Council support the Clean Energy Jobs in American Power Act of 2009 (US Senate Bill 1733) because it supports the City's Climate Action Plan, the Energy Policy and FortZed. Sally Scrivner, 1236 Constitution, asked that the occupancy ordinance not be repealed or weakened. No rezoning of neighborhoods to allow for greater density should be considered by Council. More streetlights should be installed in the Avery Park neighborhood. She did not support the relocation of the sculpture "Transcend" from its current location in downtown Fort Collins. Siu Au Lee, 939 Pioneer Avenue, did not support any changes to the occupancy ordinance. 380 October 6, 2009 Mike Knowles, 623 Monte Vista Avenue, asked that the occupancy ordinance be fully enforced and that any creation of a "Fraternity/Sorority Lodge" zoning request be denied. Pete Seale, 1837 Scarborough Drive, asked if the position of code enforcement officer that is currently vacant will be filled. He opposed any change to the occupancy ordinance. Michelle Hafele, 623 Monte Vista Avenue, stated the occupancy ordinance should be strictly enforced and should not be weakened in any manner. Kevin Nolan, 1 318 Clementine Court, did not support the creation of "Fraternity/Sorority Lodge" zoning or any changes to the occupancy ordinance. Doug Brobst,1625 Independence, supported continued enforcement of the occupancy ordinance and did not want the ordinance to be altered or weakened. Ray Czaplewski, 2012 Huntington Circle, opposed any zoning changes that would weaken the occupancy ordinance. Donna Fairbank, 1712 Clearview Court, asked for greater enforcement of the occupancy ordinance to protect the single-family neighborhoods in Fort Collins. Greg McMaster, 1409 Skyline Drive, stated the occupancy ordinance should be strengthened and enforced and Council should not approve any zoning change that would allow greater density in neighborhoods. He supported licensing of rental properties. Citizen Participation Follow-up City Attorney Roy stated the state statute that requires 30 days notification to electric utility customers before rates are increased or other kinds of regulatory changes are made applies to municipally owned utilities that have customers that live outside the city limits. Three constitutional provisions preclude the state legislature or the Public Utilities Commission from regulating municipally owned utilities in so far as they are providing service to customers within the city. The rationale behind that is that the customers within the city have recourse to their own elected officials if they had concerns with the operations of those utilities, whereas customers outside the city do not have similar recourse. The City has sent out notice to customers who are outside the city limits. Customers inside the city limits may not receive 30 days notice but they do receive 7 days notice and have opportunity to attend two public hearings for first and second reading of utility rate ordinances. The hearing to be held on Second Reading of the electric rate ordinance provides sufficient notice to meet the 30 day requirement. A direct mailing has also been sent to customers outside the city limits. Councilmember Poppaw asked if Council supported consideration of a resolution in support of U.S. Senate Bill 1733. Councilmember Manvel stated a resolution would clarify the City's support of the goals in Bill 1733. 381 October 6, 2009 Mayor Hutchinson noted Council typically does not express opposition or support on national issues because Councilmembers are nonpartisan and are elected to deal with local issues. All citizens have the right to contact their elected representatives and state their concern or support for national issues. Several Councilmembers have nodded.to show support for this resolution so it will be added to an agenda. Councilmember Roy asked if the Code Compliance Officer position, recently vacated, will be filled. City Manager Atteberry stated Derf Green formerly held this position, but has now accepted a job with the Downtown Development Authority. This position is not frozen but will be filled as soon as possible. Jeff Scheick, Director of Planning, Transportation and Development, stated this is a critical position that handles occupancy compliance and rental housing inspection and will be tilled quickly. Councilmember Roy asked that staff respond to complaints about,the street lighting and overgrowth of trees on Constitution Avenue and the gate needing repair on the,New Mercer Ditch, Councilmember Manvel stated his support for the occupancy ordinance. Councilmember Troxell asked for information on the occupancy ordinance two-year review and the stakeholder process. Diane Jones, Deputy City Manager, stated Council will review the occupancy ordinance at a work session on October 27. Staff has worked with a stakeholders group that has examined a variety of options. Outreach meetings have been held with the public. Staff will present various options to Council at the work session and Council will have the opportunity to indicate whether it wants to formally any of those options. The stakeholder group has provided some recommendations that staff will present at the work session. Councilmember Troxell noted one option to change the occupancy ordinance that has been proposed is the "Lodge" concept, which might provide greater flexibility in certain situations. Councilmember Ohlson stated the occupancy ordinance should protect single family neighborhoods and may need to be strengthened. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the September 1 and September 15 2009 Regular Meetings and the September 8 and September 22 2009 Adjourned Meetings 382 October 6, 2009 7. Second Reading of Ordinance No. 085, 2009. Authorizing -the Lease of City -Owned Property at 1506A West Horsetooth Road For Up To Five Years. The City has leased this property since 2003 and desires to continue leasing the property. This Ordinance, unanimously adopted on First Reading on August 18, 2009, will allow the City to keep the property rented for up to five years. 8. Second Readine of Ordinance No. 091, 2009, Appropriating Unanticipated Grant Revenue in the Cultural Services Fund to Be Used for Moving the Archive and Artifact Collections to the New Museum Facility. The City was awarded $155,383 from the National Endowment for the Humanities and the Institute of Museum and Library Services for consultants in the preparation of a move plan to relocate the Museum's Archival and Artifact Collections to the new museum facility. This Ordinance, unanimously adopted on First Reading on September, 15, 2009, appropriates that grant money in the Museum's Collections grant project. 9. Second Reading of Ordinance No. 092, 2009, Amending Chapter 23 of the City Code to Authorize the City Manager to Grant Certain Permits and Licenses to Enter on Real Property. The existing language in the City Code specifies that any disposition of real property, including temporary use and revocable permits, must be approved by City Council. This Ordinance, unanimously adopted on First Reading on September 15, 2009, authorizes the City Manager to grant certain permits or licenses to enter on City property. Pursuant to direction of the City Council on First Reading, the Ordinance is being amended on Second Reading by adding a new "Whereas" clause, and adding a new subparagraph (c) to the proposed new Section 23-116. The new language directs the City Manager to promptly inform the City Council of all permits that he or she issues under the provisions of this Code section. 10. Second Reading of Ordinance No. 093, 2009, Vacating a Portion of Right-of-way for Redwood Street as Dedicated at Reception #2006-0034597 of the Larimer County Records. This Ordinance, unanimously adopted on First Reading on September 15, 2009, vacates a portion of the right-of-way, located on Redwood Street, between Cajetan and Osiander Streets, north of Vine Drive. Some of the parcel that was dedicated as right-of-way is not needed for street purposes. The developer of Old Town North Sunterrace Townhomes has requested the vacation of a portion of the right-of-way to accommodate the setbacks needed for the proposed townhomes. 11. First Reading of Ordinance No. 094, 2009, Appropriating Unanticipated Revenue in the General Fund for Replacing Radio Network Equipment, Fort Collins Police Services, acting as applicant and fiscal agent, has been awarded a joint grant under the U.S. Department of Justice, Office of Justice Programs (OJP) Bureau of 383 October 6, 2009 Justice Assistance (BJA) Recover Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program, in the amount of $444,818. This joint grant was awarded on behalf of the City of Fort Collins, the City of Loveland and Larimer County. Cooperatively, an agreement was reached to utilize these grant funds for the replacement of aging radio network components. This radio system is mission critical to regional law enforcement communications. 12. First Reading of Ordinance No. 095, 2009, Amending Ordinance No. 136 2007 Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No 94. 13 14. The Timberline and Prospect Special Improvement District No. 94 (SID No. 94) made improvements to the Timberline and Prospect intersection that were necessary for development in the area to proceed. It was funded by two contributing developers in the area. No City bonds were issued for the construction. Other undeveloped property receiving benefit from the improvements were assessed their proportionate share of the costs. A certain property owner was inadvertently assessed. This property owner has two parcels which, upon development, will contribute traffic impacts into the Timberline and Prospect intersection. However, at this time, the parcels are just outside City limits. This Ordinance amends the original assessing ordinance to remove these two parcels. A repayment agreement will be filed to require payment when this property develops. In accordance with the Intergovernmental Agreement with Larimer County, this property is eligible for annexation and would be required to annex upon development. Items Relating to the East Harmony Road Bridge Replacement Project. A. Resolution 2009-094 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation for the Construction of the Harmony Road Bridge Replacement. B. First Reading of Ordinance No. 096, 2009, Appropriating Unanticipated Grant Revenue In the Capital Projects Fund for the East Harmony Road Bridge Replacement Project. This funding contract between the City and Colorado Department of Transportation will allow for the replacement of a structurally deficient East Harmony Road Bridge. First Reading of Ordinance No. 097, 2009, Amending Various Provisions of the Fort Collins Traffic Code. The Colorado General Assembly amended certain statutory provisions this legislative session relating to state traffic laws. This Ordinance ensures that the Traffic Code is consistent with state traffic laws. 384 October 6, 2009 15. Resolution 2009-095 Supporting the Reinstatement of the Amtrak Pioneer Route and Requesting That Amtrak Include Fort Collins as a Stop in its National Passenger Rail Svstem. A citizen initiative is reaching out to communities along the North Front Range, such as Fort Collins, Loveland, and Longmont, to garner support for the potential reinstatement of the Amtrak Pioneer passenger rail service along the Burlington Northern Santa Fe (BNSF) railroad corridor. Staff is requesting that the City Council adopt this Resolution to demonstrate to Amtrak the City's support for including the BNSF corridor and a stop in Fort Collins as part of the national study to consider reinstatement of the Amtrak Pioneer passenger rail service. The intent is to share this Resolution with Amtrak and the Colorado Congressional Delegation to demonstrate Fort Collins' support for the future passenger rail service. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 085, 2009, Authorizing the Lease of City -Owned Property at 1506A West Horsetooth Road For Up To Five Years. 8. Second Reading of Ordinance No. 091, 2009, Appropriating Unanticipated Grant Revenue in the Cultural Services Fund to Be Used for Moving the Archive and Artifact Collections to the New Museum Facility. 9. Second Reading of Ordinance No. 092, 2009, Amending Chapter 23 of the City Code to Authorize the City Manager to Grant Certain Permits and Licenses to Enter on Real Property. 10. Second Reading of Ordinance No. 093, 2009, Vacating a Portion of Right-of-way for Redwood Street as Dedicated at Reception k006-0034597-of the Larimer County Records. Ordinances on First Reading were read by title by City Clerk Krajicek. 11. First Reading of Ordinance No. 094, 2009, Appropriating Unanticipated Revenue in the General Fund for Replacing Radio Network.Equipment. 12. First Reading of Ordinance No. 095, 2009, Amending Ordinance No. 136, 2007, Assessing the Cost of Improvements in the Timberline and Prospect Special Improvement District No. 94. 13. First Reading of Ordinance No. 096, 2009, Appropriating Unanticipated Grant Revenue In the Capital Projects Fund for the East Harmony Road Bridge Replacement Project. 385 October 6, 2009 14. First Reading of Ordinance No. 097, 2009, Amending Various Provisions of the Fort Collins Traffic Code. 19. First Reading of Ordinance No. 098, 2009, Amending Section 805 of the Fort Collins Traffic Code Related to Pedestrians Walking or Traveling, in a Wheelchair on a Highway. 21. Items Relating to the Riverwalk Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 099, 2009, Annexing Property Known as the Riverwalk Annexation to the City. C. Hearing and First Reading of Ordinance No. 100, 2009, Amending the Zoning Map ofthe City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk Annexation to the City. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items on the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-" Councilmember Roy asked for clarification of Item # 11 First Reading of Ordinance No. 094, 2009, Appropriating Unanticipated Revenue in the General Fundfor Replacing Radio Network Equipment because the 2010-2011 budget contains a line item for radio systems. Staff Reports City Manager Atteberry stated the Police Services building has been awarded LEED gold certification. City Manager Atteberry noted Fort Collins was featured on Chicago's sustainability web site as one of four cities Chicago can learn from about being green. City Manager Atteberry stated Soapstone Prairie Natural Area has received the Starburst Conservation Award from the Colorado Lottery. Councilmember Reports Mayor Hutchinson stated he has asked the Platte River Board to consider the formation of a citizen advisory board. Platte River will also provide a white paper summarizing the energy efficiency efforts by Platte River and the funds spent to achieve energy efficiencies. October 6, 2009 Ordinance No. 098, 2009, Amending Section 805 of the Fort Collins Traffic Code Related to Pedestrians Walking or Traveling in a Wheelchair on a Highway, Adopted on First Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This Ordinance will change the Fort Collins Traffic Code to allow pedestrians, including wheelchair users, to legally travel in a bike lane or on a road shoulder ifan adjacent side walk is in a condition that substantially interferes with the mode of travel used by the pedestrian. BACKGROUND The current Fort Collins Traffic Code makes it illegal for pedestrians -- including those traveling in wheelchairs -- to use streets in locations where sidewalks exist. The City's Traffic Code is in general compliance with the State Laws of Colorado. The rationale behind the existing Traffic Code and state law is that pedestrians are safest on a sidewalk that is physically separated from the roadway. Several citizens have requested changes to the Code that would allow wheelchair users the option to use on -street bike lanes in lieu of a sidewalk. They have noted that in many instances the condition of sidewalks is such thartravel by wheelchair is difficult or even impossible. Although the intent of the existing law is to promote safe travel by pedestrians, it is apparent that there is a need to provide some flexibility to allow pedestrians to use the streets when the condition ofsidewalks deters safe travel. The Police Department, the Traffic Operations Department and the City A ttorney's Office have worked collaboratively to develop a new version ofthe pertinent section of the Fort Collins Traffic Code that would allow pedestrians to legally use the street to travel if an adjacent sidewalk is in a condition that would substantially interfere with pedestrian travel. Pedestrians would have to return to the sidewalk as soon as the condition which interfered with their travel was no longer present. City staffsolicited input from other communities and organizations around the country and did not find any that had experience allowing wheelchair users to utilize bike lanes where sidewalks are present. The United States Access Board, an independent federal agency that interprets the Americans with Disabilities Act, recommended maintainingpedestrian status for wheelchair users. The Board suggested that any ordinance changes pertain to all pedestrians rather than separating out wheelchair users as a distinct group. This was the approach taken by staff in preparing the new ordinance. Staff has discussed the proposed changes with the Commission on Disability. Commission members provided perspective and comments on the proposed ordinance. Commission member concerns included questions about when a sidewalk is `provided" and what constitutes a "reasonably 387 October 6, 2009 prudent person. " The Ordinance includes language reflecting the concerns of the Commission. Specifically, it was noted that a sidewalk was only considered provided if it was on the side of the street used by a pedestrian. In addition, a "reasonably prudent person" was expanded to say "reasonably prudent person having the same abilities and disabilities as the pedestrian and using the same mode of travel " to address concerns about a lack of perspective regarding the challenges faced by disabled pedestrians. The Commission on Disability voted to support the proposed ordinance. The Commission felt the ordinance addressed its concerns and the needs of the disabled community. , The proposed ordinance was also presented to the Bike Advisory Committee and the Transportation Board. The Bike Advisory Committee voted unanimously to support the proposed ordinance. The Transportation Board voted 9 — 1 in support. The one dissenting voter felt that the ordinance did not address the real issue —the need for improved sidewalk infrastructure. Letters of support from both the Bike Advisory Committee and Transportation Board are included as attachments. Staff recommends adoption of the proposed ordinance. " Jeff Scheick, Director of Planning, Transportation and Development, stated this proposal has received considerable community discussion and participation and is intended to balance the needs of mobility for citizens and the safety of citizens. Staff has not been able to find other communities that have adopted similar rules. The proposed Code change will provide mobility for citizens, as well as safety for all users of the transportation system. Joe Olson, Traffic Engineer, stated pedestrians are not currently allowed in the street when sidewalks are provided. Pedestrians include wheelchair pedestrians. The Commission on Disability has provided much input into the development of the proposed ordinance, which will allow pedestrians to use a street in certain circumstances when sidewalks are provided, but the condition of the sidewalk substantially interferes with the mode of travel. Pedestrians will not be given carte blanche to use the street due to safety concerns. Limitations are placed on the use of wheelchairs in the street because they cannot go as fast as bicycles and should not be compared to bicycles. The difference in speed between wheelchairs moving at pedestrian speed and bicycles increases the accident potential. Pedestrians are not required to have safety equipment for night travel. Bicyclists are required to have lights and reflectors at night. Bicycles have a higher profile than pedestrians and are easier seen. The proposed ordinance is intended to allow people to travel who otherwise would not be able to travel if they were not allowed to use the streets. The need for the proposed ordinance shows the importance of ongoing street and sidewalk maintenance. Terry Schlicting, 1400 West Elizabeth, Commission on Disability Chairperson, stated the Commission supports adoption of the ordinance. People should be encouraged to use the sidewalks but there are times when those in wheelchairs have no choice but to ride in the streets. Mike Devereaux, 2150 Maid Marian Court, stated his support for the proposed ordinance and he thanked staff and Council .for developing the ordinance. , Nancy York, 130 South Whitcomb, stated the City needs to improve mobility opportunities for all its citizens and this ordinance will improve mobility for those with disabilities. 388 October 6, 2009 Bill Jei*ins, 710 Mathews Street, supported adoption of the ordinance because many sidewalks are difficult to navigate for those in wheelchairs. Bike lanes provide a better surface for wheelchairs to travel. The word "substantial" should be removed from the ordinance and those who use wheelchairs should be allowed to make the decision to ride in the bike lane at any time. Shane Miller, 4325 Mill Creek, urged adoption of the ordinance to provide opportunity for mobility to all citizens. The choice of whether to use the sidewalk or a bike lane should be left solely to the pedestrian or wheelchair user. The word "substantial" should be removed from the ordinance because it makes the ordinance difficult to enforce. Cheryl Distaso, 135 South Sunset, stated the word "substantial" in the ordinance should be removed because it makes enforcement too subjective. Wheelchair speed should not be an impediment to using the bike lane. The ordinance should be adopted. Vivian Armendariz, 820 Merganser Drive, stated her wheelchair is not a bicycle and it is not safe for wheelchairs to be in bike lanes. Persons in wheelchairs do not always use common sense when they are in bike lanes. Sidewalks should be fixed instead of allowing wheelchairs in bike lanes. Police officers should receive sensitivity training before enforcing this ordinance. Tim Johnson, 1337 Stonehenge, asked that funding be increased for sidewalk improvement each year and for flashing lights activated by pedestrians in areas where there is no sidewalk and the bike lane is very narrow. Grid transit should be developed as soon as possible. Donita Lindamood, 2925 Alamo Avenue, stated wheelchairs should not be allowed in bike lanes except in certain circumstances. Wheelchairs are low to the ground and drivers do not see them easily. Curb cuts should be installed on all sidewalks. Councilmember Kottwitz asked if wheelchair users will be required to follow the same rules as bicycles when they are in the bike lanes. Olson stated wheelchair users are considered pedestrians and are to follow pedestrian laws. Bicycles are defined by law as vehicles and are required to follow vehicle laws but pedestrians have a different set of laws to follow. Councilmember Kottwitz asked if jaywalking was legal in Fort Collins and why wheelchairs are not currently allowed in bike lanes as a form of jaywalking. City Attorney Roy stated jaywalking is legal but the Code does not allow a pedestrian to jump into traffic or other conditions. This ordinance states if there is a sidewalk on the side of the street a person is traveling on, the pedestrian is supposed to use it. When there is no sidewalk provided, a pedestrian is permitted to get into the roadway and stay as close to the right side as' possible. If no sidewalk is available, a pedestrian walking or in a wheelchair should use the left side of the roadway, facing traffic. If there is an obstacle on the sidewalk that substantially interferes with travel, a pedestrian is allowed to walk in the road. The pedestrian must make a subjective decision as to whether an obstacle on a sidewalk requires traveling in the road. Any officer enforcing this ordinance will make a judgment call as to whether the pedestrian acted appropriately. 389 October 6, 2009 Councilmember Kottwitz asked what the penalty is for disobeying this ordinance. Jim Szakmeister, Police Lieutenant, stated the citation would be a pedestrian violating this ordinance with no points assessed or a traffic surcharge. The pedestrian could get a ticket which would require a fee to be paid, but, usually, the police officer will try to be reasonable and just warn the pedestrian about the dangers of being in the road. Councilmember Troxell asked for the number of infractions involving pedestrians illegally using the roadway instead of the sidewalk. Szakmeister stated there have been very few infractions. The concern is for safety of the pedestrians who might be in the pathway of vehicles whose drivers do not see them. Councilmember Troxell asked if skateboards and longboard users would be cited for using the bike lanes. Szakmeister stated it is possible to issue those users a citation because the use.of skateboards, roller blades, and other types of travel is illegal on the roadway. Olson stated other forms of pedestrian travel such as skateboard and roller blade users are a different topic and are not covered by this ordinance. Councilmember Poppaw asked if the word "substantially" was necessary to accomplish the intent of the ordinance. City Attorney Roy stated the ordinance states, in part, "it shall be unlawful for the pedestrian to walk or travel along and upon the roadway, rather than the sidewalk, except to the extent that a pedestrian's departure from the sidewalk is reasonably necessary to avoid sidewalk conditions that would, in the judgment of a reasonably prudent person having the same abilities and disabilities as the pedestrian and using the same mode of travel, substantially interfere with the pedestrian's mode of travel." It is necessary to state what the reasonably prudent person is supposed to decide. Removing the word "substantially" does not give the entire definition. Councilmember Poppaw stated the addition of the word "substantially" appears to require the person. enforcing the ordinance to make a subjective decision as to whether the decision made by the wheelchair user was a necessary decision. City Roy stated the intent is not to remove subjectivity. The use of the phrase "substantially interferes" includes a criterion used by the reasonably prudent person in making the decision. The pedestrian is not given free rein in exercising judgment. Szakmeister stated Police Services has concerns about safety because a person who can walk could jump out of the way of an oncoming vehicle and a bicycle can be easily maneuvered, but a wheelchair cannot get out of the way as quickly. Councilmember Manvel asked if the City is identifying which areas have problem sidewalks that require wheelchair users to travel in the roadway. Olson stated staff is identifying areas that need sidewalk replacement to prioritize sidewalk needs as part of update to the Transportation Master Plan. Councilmember Manvel asked if any requirements for greater visibility for wheelchair users such as flags or reflective material were considered. Olson stated this ordinance relates to all pedestrians and does not put wheelchair users in a separate category. No requirements for greater visibility were considered. Will October 6, 2009 Councilmember Roy asked if all sidewalks in Fort Collins are wide enough to handle a wheelchair. Olson stated he was not certain if every sidewalk would allow for wheelchair use but the current standard requires a four and one-half foot sidewalk width. Councilmember Kottwitz asked if any pedestrian or driver education to raise awareness is planned. Olson stated no education campaign is currently planned. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 098, 2009, on First Reading. Councilmember Ohlson stated the word "substantially" should be left in the ordinance to provide greater safety for pedestrians and to allow for better enforcement of the ordinance. Police are continually required to use subjective judgment in their day-to-day actions and the ordinance, as, written, will give police the tools needed, when necessary. The disabled community has requested this action for a long time and should be allowed to legally travel in the bike lanes, when necessary. Councilmember Poppaw stated the safety of pedestrians and motorists is important to Council and the ordinance accommodates wheelchair users to provide mobility and allow safe passage for them. Councilmember Roy asked if the width of a sidewalk could be considered an obstacle as a condition of the ordinance. City Attorney Roy stated width of a sidewalk could be addressed on Second Reading, with explicit direction as to when width of a sidewalk is to be considered as a condition that warrants departure from the sidewalk. The current ordinance leaves the decision of whether to stay on the sidewalk to the pedestrian. It is difficult to anticipate every sidewalk issue. Mayor Hutchinson noted adding specific direction concerning sidewalk width or other details would create an unwieldy ordinance that does not allow for judgment to be used. Councilmember Roy stated his support for including width of a sidewalk as a condition. Councilmember Poppaw asked if the width of a sidewalk would fall under the conditions listed in the ordinance. City Attorney Roy noted the list of conditions contained in the ordinance is not.an exhaustive list but are examples. If Council chooses to address the condition of the width of a sidewalk, an explanation should be given as to when it is and is not a justification for leaving the sidewalk because situations will arise frequently, especially in the older parts of town. Width could be interpreted as a condition of that paragraph in the ordinance under certain situations. r Councilmember Troxell stated the ordinance is well balanced and has been developed with much participation from citizen groups, staff and police. He did not support any sensitivity training for police for enforcement of this ordinance. Councilmember Manvel stated the long-term solution is better sidewalks for pedestrians but this ordinance does provide a short term answer for mobility problems faced by many in the community. 391 October 6, 2009 He did not support removal of the word "substantially" from the ordinance because it will allow for better enforcement. Councilmember Kottwitz stated the ordinance allows wheelchairs to leave the sidewalk only under certain conditions when it is dangerous for them to be on the sidewalk. She asked for an education plan to be developed by outside organizations to inform motorists wheelchairs could be present in bike lanes. She supported the ordinance as a way to let individuals make their own choices. Mayor Hutchinson stated this ordinance allows for rare use of bike lanes in situations where there is a true impediment to travel on the sidewalks. This ordinance does not allow for unrestrained use of wheelchairs in bike lanes. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Public Hearing on the!2010-2011- Recommended Biennial Budget for the City of Fort Collins, Hearing was held The following is staffs memorandum for this item. "EXECUTIVE SUMMARY This is the second official public hearing on the City Manager's 2010-2011 Recommended Biennial Budget for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2010-2011 budget. Public input will also be taken during the budget adoption meetings on Tuesday, October 20 and Tuesday, November 3, 2009 at 6: 00 p.m. in the Council Chambers. The City Manager's 2010-2011 Recommended Budget can be reviewed at the Main Library, the Harmony Branch Library, Council Tree Library, or the City Clerk's Office. The recommended budget can also be viewed on the internet at ivww./cgov.com/budke1. Mike Freeman, Chief Financial Officer, noted Council will have its last work session on the budget on October 13 to provide final direction to staff. Council will consider adoption of the budget and the annual appropriation ordinance on First Reading on October 20 and Second Reading on November 3. Steve Yurash, 2920 Waterstone Court, stated the proposed electric rate increase is excessive and the City's funding of the AMI project should be delayed until federal funding can be acquired. The amount of increase designated to improve efficiencies in energy services should be reduced. Cheryl Distaso, 135 South Sunset, stated the funds for downtown landscaping should be reduced to provide funds for other services. She asked Council to consider funding the offer in the advance planning budget that allocates $15,000 for adobe restoration, with matching state funds. 392 October 6, 2009 Carl Bruning, 1908 Greengate Drive, stated his concerns with the cameras mounted on street lights and he asked that the budget for camera radar be reduced to provide more funding for a safe community. Nicole Schryver, Crossroads Safehouse Shelter Director, shared the need of Crossroads Safehouse to expand because its current facility is too small to meet the demands of citizens. Nicol Collichio, Crossroads Safehouse Board member, stated Crossroads Safehouse offers a safe haven for those in abusive situations. The need has grown in the community and Crossroads needs to expand. She asked Council to provide more funding to purchase more housing for Crossroads clients. C. J. Cullins, Fort Collins resident, stated she has received services from Crossroads Safehouse and the organization provides a necessary service for the community.' She asked that more funds be allocated for Crossroads. Stephanie (no last name given), Fort Collins resident, shared her experience with domestic abuse and how Crossroads helped her escape her abusive situation. Mary Ann Paul, 1051 Wild Cherry Lane, Crossroads Safehouse Board President, stated many programs offered by Crossroads Safehouse are federally funded and Crossroads has won several awards for the programs it offers. Columbine East Nursing Home has been donated to Crossroads to be remodeled into the first LEED certified safe house in the country and will allow many more victims to be assisted. Alyce Kaehler, 1615 Whedbee Street, stated the services provided by Crossroads Safehouse are invaluable to the community. She urge Council to provide more funding for the support of Crossroads. Martha Moore, 927 North CR 3, urged Council to increase funding to Crossroads Safehouse because it provides teen education on dating violence prevention and its programs help create a safer community. Ron Young, 5133 Eagle Lake Drive, Crossroads Safehouse Board member, thanked Council for its past support of Crossroads Safehouse and asked for greater funding to allow the remodeling of Columbine East Nursing Home. Crossroads Safehouse provides a service that is greatly needed in the community. Vicki Lutz, Crossroads Safehouse Executive Director, stated the current space occupied by Crossroads Safehouse is no longer Adequate for area needs. She urged Council to include $500,000 in the 2010 budget for Crossroads Safehouse funding so it can complete the remodel of Columbine East Nursing Home and open in seven months. Eric Sutherland, 631 LaPorte Avenue, stated the City has violated the requirement for legal notice of the rate increase notice. He asked that no funds be budgeted for renewable energy to force Platte 393 October 6, 2009 River Power Authority to roll its projects that are producing demonstrable changes into its wholesale rates and charge all member utilities equally. Stacy Lynne, 216 Park Street, stated no answers to questions about the budget have been posted on the City's website. The City has spent too much on meals and flowers. She urged Council to fully fund the request from Crossroads Safehouse. Shane Miller, 4325 Mill Creek, urged Council to provide the funding requested by Crossroads Safehouse. Councilmember Ohlson asked if the funding request by Crossroads Safehouse was part of the BFO process. City Manager Atteberry stated the request was not included in the BFO process and has only been proposed in the last two weeks. Ms. Lutz stated the Board has met with the City Manager over the last eight months to discuss what might be done to facilitate moving into the new facility. The Board hoped the City would allow Crossroads to acquire its current facility, which is currently owned by the City and leased to Crossroads for $1 per year. If Crossroads could acquire the current facility, it would lease or sell the facility and use the proceeds for the new facility. After much discussion with City planners, CDBG and zoning officials, it became apparent acquiring the current facility is not an option for Crossroads. It was only a month ago that Crossroads began applying to major Colorado foundations for funding. Even if Crossroads receives all the funding it has requested, it will still lack about $700,000. At that point, the Board decided to have more discussions with the City regarding equivalent funding to the value of the current facility. City Manager Atteberry stated staff researched many avenues to determine a way to provide the cash value of the current facility to Crossroads. Unfortunately, CDBG requirements and restrictions on the federal funds used for the current facility greatly limit the City's ability to dispose of the current facility and allow Crossroads to use those funds for the new facility. He noted Crossroads is a regional facility and he asked if Crossroads has requested similar funding from the City of Loveland, the Town of Windsor and around the region. Ms. Lutz stated a group in Loveland, the Alternatives to Violence, is committed to opening a facility in Loveland. Loveland's CDBG does provide a small amount of funding for services. City Manager Atteberry stated he would like to meet with the County Manager and other City and Town Managers in the region who benefit from the services offered by Crossroads. CDBG resources could also be redirected for this purpose. Ms. Lutz invited Council and staff to walk through the old and the new facilities. Items Relating to the Riverwalk Annexation and Zoning Adopted on First Reading The following is staff's memorandum for this item. 394 October 6, 2009 "EXECUTIVE SUMMARY A. Resolution 2009-096 Setting Forth Findings of Fact and Determinations Regarding the Riverwalk Annexation. B. Hearing and First Reading of Ordinance No. 099, 2009, Annexing Property Known as the Riverwalk Annexation to the City. C. Hearing and First Reading of Ordinance No. 100, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk Annexation to the City. This is a request to annex and zone 265.65 acres generally located at the southwest quadrant of Interstate 25 and East Harmony Road. The site is bounded by 1-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the south. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and zoned FA-1, Farming District in Larimer County. The requested zoning is T, Transition for the northerly 139.65 acres and P-O-L, Public Open Lands for the southerly 126 acres. BACKGROUND The applicants and property owners have submitted a written petition requesting annexation of 265.65 acres located generally at the southwest quadrant of Interstate 25 and East Harmony Road. The property is a former gravel extraction operation and undeveloped. The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and Larimer County contained in the amended Intergovernmental Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider annexation ofproperty in the GMA when the property is eligible for annexation according to State law. According to the IGA, as amended: "It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the terms of this Agreement. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land located within the GAM which are eligible for voluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes. " 395 October 6, 2009 Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge First and Second Annexations. The parcel, therefore, complies with the requirements ofthe Intergovernmental Agreement —Growth Management Area and is eligible for annexation. One of the stated intents of the IGA is to have urban development occur within the City in order that the provision of urban level services by the County would be minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On August 18, 2009, City Council adopted Resolution 2009-080, which accepted the annexation petition and established that the petition is in compliance with state statutes. The surrounding zoning and land uses are as follows: N.• City — Public Open Lands N: County — Commercial S: County — Farming S: County — Commercial E: County — Farming W.• City — Harmony Corridor W.• City — Urban Estate W.• County — Farming Residential Neighborhood Sign District Arapaho Bend Natural Area Transit Center and Commercial Vacant Recreation and Event Center Active gravel extraction Morningside Townhomes Sunrise Ridge and Old Oak Estates Existing large -lot residential i Staff is recommending placement into the Residential Neighborhood Sign District. This is particularly appropriate for the southerly 126 acres. For the northerly 139.65 acres, however, this designation is appropriate for the T, Transition zone. Future re -zoning into an ultimate zone district will be the result of additional planning activity and any reconsideration out of the Residential Neighborhood Sign District may be made at that time. Zoning - Requested Zoning — Transition The northerly 139.65 are proposed to be zoned T, Transition. The Land Use Code describes this zone district as follows: Purpose. The Transition District is intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District. The owners have indicated that there are no specific and immediate plans for development. While in the Transition zone, the owners and the City of Fort Collins can evaluate various future 396 October 6, 2009 development scenarios. The owners may at any time petition to remove the property from the Transition zone and place it in another zone district. The Transition zone district accomplishes the purpose of annexing the property while placing the ultimate zoning decision in abeyance. Condition of Zoning to Allow Earth Work in the T Zone Section 2.9. 4(1) of the Land Use Code allows the City to add conditions to a zoning request. The site is currently in the County and the owners are operating under a State permit to reclaim the former gravel piton the northerly portion. This basically involves recontouring the site and restoring the ground cover in accordance with the standards of the State Mined Land Reclamation Board. If a permanent water body is created, then it must be certified by the State Engineer and properly augmented with sufficient water rights to compensate for evaporation loss. In addition to reclamation work, the Riverwalk developer would like to conduct overlot grading in order to create developable ground that is out of the 100 year floodway and floodplain. There would be significant cost efficiency if the overlot grading could be done in conjunction with the gravel pit reclamation work. Staff supports the continuation of the reclamation work. Further, staff would support a Project Development Plan application that describes the extent of the earth work necessary to create the developable parcels. Since the Transition zone does not allow new earth work, such work under the Transitional zone would need to be added as an allowable use as a condition of zoning. Staff, therefore, recommends the following condition ofzoning: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth -moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading offill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. Zoning — Requested Zoning — Public Open Land The southerly 126 acres are proposed to be zoned P-O-L, Public Open Land. The Land Use Code describes this zone district as follows: Purpose. The Public Open Lands District is for large publicly owned parks and open lands which have a community -wide emphasis or other characteristics which 397 October 6, 2009 warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation. The City of Fort Collins has entered into purchase contract to acquire the southerly 126 acres for a variety of purposes. a. Flood Control Significant portions of the southerly 126 acres are located within both the 100 year floodway and floodplain, as designated by the Flood Insurance Rate Maps of the Federal Emergency Management Agency. Approximately 80 acres are a former gravel pit and are undergoing reclamation under a permit from the State of Colorado Mined Land Reclamation Board. With .sufficient freeboard, reclaimed gravel pits can serve as effective flood conveyance channels without having to build costly flood control structures. b. Water Storage Development of reclaimed gravel pits as water storage reservoirs can provide the following benefits: • They can serve as sources of raw water for water treatment. • They can be used as compensating reservoirs to accommodate water trades among various entities. • They can supplement effluent discharges from wastewater treatment facilities. • They can add to minimum stream flows in the Poudre River. The location downstream of the Drake Water Reclamation Facility is strategic and will allow the City to meet certain water management objectives and obligations related to the storage and release of the City's reusable effluent as prescribed by City water rights decrees. The City of Fort Collins Water Utility Capital Fund has already appropriated funding for acquisition and development of gravel pit water storage on a regional basis. The Water Utility expects to gain approximately between 1,500 and 2,000 acre feet of water storage upon execution of the terms of the purchase contract. C. Natural Area Reclaimed gravel mines, and their surrounding dry land, are prime candidates for future natural areas. Examples of restored gravel pits converted to natural areas include Riverbend Ponds, Arapaho Bend and McMurry Ponds. Approximately 48 acres of the proposed acquisition will be added to the City's natural areas inventory to be restored to enhance habitat and recreational opportunities. Eagle View Natural Area is to the south and Arapaho Bend Natural Area is to the north. In the future, all three areas are planned to be linked by a trail. Finally, an additional 48 acres of open space along I-25 will mitigate the urbanization expected at the major interchanges. 398 October 6, 2009 Structure Plan and Harmony Corridor Plan The Structure Plan Map indicates three designations: "Employment " in the northwest quarter "Poudre River" in the northeast quarter "Rural Lands" in the southern one-half. The parcel is also contained within the boundary of the Harmony Corridor Plan and designated as "Basic Industrial and Non -Retail Employment Activity Center. " The proposed zoning on the northerly 139.65 acres, T, Transition, acknowledges that further planning efforts are warranted in order to place this area into an ultimate zone district. Until such time, a Structure Plan amendment is not needed. The proposed zoning on the southerly 126 acres, P-O-L, Public Open 'Lands, is consistent with the "Rural Lands" Structure Plan designation. For example, the purpose of the Rural ILands zone district is as follows: "The Rural Lands District is intended for privately owned lands that are planned as rural edge to the community. Rural lands include but are not limited to community separators, clustered residential development, large lot residential, agriculture, natural area buffers and corridors and other open land o similar character and purpose. " The two proposed zone districts, at this time, are consistent with the Structure Plan Map. Compliance with State Law i The annexation has 31.33% of its perimeter boundary contiguous with existing City limits which exceeds the required one -sixth as mandated by State law. Further, the parcel is found to have a community of interest with the City and the parcel is expected to urbanize shortly. Findings of Fact/Conclusion In evaluating the request for the Riverwalk Annexation and Zoning, staff makes the following findings of fact: 1. The annexation ofthis parcel is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the amended Intergovernmental Agreement — Growth Management Area. 2. The parcel meets all criteria included in state law to qualify for annexation by the City of Fort Collins. 399 October 6, 2009 3. The two requested zone districts, T, Transition, and P-O-L, Public Open Lands, are in conformance with the.City's Comprehensive Plan (Harmony Corridor Plan) and the City Structure Plan Map. 4. The Planning and Zoning Board recommends the parcel be placed within the Residential Neighborhood Sign District. 5. On August 18, 2009, City Council adopted Resolution 2009-080, which accepted the annexation petition and determined that the petition is in compliance with State law. Planning and Zoning Board Recommendation On September 17, 2009, the Planning and Zoning Board took the following action: !. The Board voted 7 - 0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. 2. The Board voted 7 — 0 to recommend placement of the northerly 139.65 acres into the T, Transition zone district, subject to the following zoning condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth - moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading offill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirementsfor gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. 3. The Board voted 7 — 0 to recommend placement of the southerly 126 acres into the P-O-L, Public Open Lands zone district.'' Jeff Scheick, Planning, Development, and Transportation Director, stated the site contains 265 acres and is located along Harmony Road and I-25. Council held a pre -application hearing on the development of this property in February 2009. On August 18, Council voted to authorize the acquisition of 126 acres on the southern portion of this parcel for water storage and natural areas. Two separate zonings are proposed forlthe property. Ted Shepard, Chief Planner, stated the annexation was initiated on August 18. The zone district of T-Transition was requested by the applicant because many details have yet to be decided for the development and zoning the property. T-Transition zoning will give the applicant and staff time to complete more planning and analysis of the development. The T-Transition zoning carries the condition that continuing the allowance, of the earthwork that is done under the state permit for the reclamation of the gravel pit and to allow recontouring of the land to fulfill the terms of the III October 6, 2009 agreement the applicant has with the City for the southern half of the property. The southern half of the property is proposed to be zoned POL-Public Open Lands, which is appropriate for natural areas. Jay Stoner, 605 South College, applicant, asked if property located next to his property, housing Harmony Gardens Nursery, will be able to continue its business as a tree nursery once the zoning is completed on the applicant's property. Councilmember Manvel asked for information about the zoning and what businesses will be allowed within the zoning and what restrictions will be put into place with the T-Transition zoning. Shepard stated any use that legally entitled in the County will be grandfathered in as a non -conforming use in the City upon annexation. The Land Use Code also allows a slight increase in the County use, under certain circumstances. T-Transition is a zoning that holds the current County zoning of a property until future decisions are made about the use of the property. City Attorney Roy noted the T-Transition zoning does have a recommended condition to allow moving dirt on the property. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution 2009-096. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 099, 2009 on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. Councilmember Troxell made a motion, seconded by Councilmember Roy, to adopt Ordinance No. 100, 2009 on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2009-093 Adopting the Airport Business Plan for the Fort Collins -Loveland Municipal Airport, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY The goal of the Fort Collins -Loveland Airport Business Plan is to provide a strategic plan for the successful development of the Airport that meets the existing and future needs of the aviation community, the residents of the surrounding communities and the local business community. 401 October 6. 2009 Adoption of the Airport Business Plan will provide the necessary guidance and direction for moving the Airport forward into the future. BACKGROUND The Cities of Fort Collins and Loveland officially adopted the Airport's Updated Master Plan in July of 2006. The FAA funded Master Plan determined the existing and future physical aviation needs to accommodate the anticipated development within the next 20-year time frame. The Business Plan goes beyond where the Master Plan .stops. The Business Plan establishes the strategies necessary for the Cities to achieve the Goals and Objectives of the Airport over the long- term. The Business Plan identifies the vision and goals of the Airport, evaluates governance options to operate the Airport, maximize Federal and State funding to make improvements identified, identifies methods to maximize the development and revenue potential of the Airport property, and develops strategies to implement the plans necessary to accomplish the goals and objectives. The Business Plan establishes the vision of the Airport as follows. "The Fort Collins -Loveland Municipal Airport will be Colorado 's premier regional airport supporting general aviation, regional air carrier services, and business opportunities for both aviation and non -aviation uses. " The development ofthe Business Plan was accomplished through input received from meetings with Stakeholder groups that represent pilots and aircraft owners, Airport businesses, and the surrounding business community. Input was used to develop several working drafts of the Business Plan which were discussed periodically with the Airport Steering Committee over the last 18 months and at the joint meeting of the two City Councils and the County Commissioners on June 30th. A separate document has been prepared that summarizes the process and comments received during the development of the Business Plan. The final Airport Business Plan document represents the culmination of these combined efforts and input. Major elements of the Business Plan document include the following: • Executive Summary • Introduction and Background • Changes at the Airport and Aviation Statistics • Fixed Base Operations Needs • Land Use and Economic Development Opportunities • Governance • Ten Year Airport Finance Plan The formal adoption of the Airport Business Plan does not obligate the City to spend any funds at the Airport. 402 October 6, 2009 It is recommended that the Airport Business Plan be adopted and implemented to maximize the economic benefits of this public transportation facility. " Dave Gordon, Fort Collins -Loveland Airport General Manager, stated the City of Loveland has unanimously adopted the Airport Business Plan. The goal of the Plan is to provide a strategic plan for the successful development of the Airport. The Airport Master Plan, adopted in 2006, is a twenty year forecast of activity and from that Plan, a list of physical needs of the Airport was developed. The Master Plan does not develop a vision of the Airport, address the governance model, funding beyond the FAA or state funding, or how to maximize development and revenue potential. Several stakeholder groups were consulted in the development of the Business Plan, including pilots and plane owners, airport businesses, corporate community and the fixed base operator. Some near -term goals identified include renegotiation of the fixed base operator lease and renegotiation of the agreement that allows access from private property to the Airport. The Plan calls for a more aggressive role in economic development of Airport property by retaining a brokerage firm to market the property. Enhancement of the Airport's website could also be an economic benefit. A ten year financial plan has been developed with the goal of the Airport becoming financially self-sufficient by 2013. Councilmember Ohlson stated currently under the governance of the Airport, the Steering Committee has no voting authority and all decisions go to two sets of elected officials: The Plan proposes to streamline the decision process by giving administrative and leasing authority to the Steering Committee. He asked at what point will elected officials not be making policy decisions. Mike Freeman, Chief Financial Officer, stated the two Mayors and two City Managers comprise the steering committee and the idea is to allow routine Airport business, such as approving and executing leases, to be approved by the Steering Committee. The intergovernmental agreement between Loveland and Fort Collins needs to be updated and this proposal would be addressed in that update. City Mariager Atteberry stated currently, all issues come before both Councils and the proposed streamlining of the decision process would allow greater efficiencies at the Airport. Council will still consider capital improvements, Master Plan issues and the Airport budget. Councilmember Kottwitz asked if adoption of the Plan will include decisions about runway length, how many runways, or more planes using the Airport. Gordon stated the Plan does not include any of those decisions. Councilmember Manvel asked if achieving the goal of self-sufficiency by 2013 will eliminate the request of the yearly budget contribution from the City or if the Airport will no longer seek federal grants. Freeman stated the Airport plans to reduce or eliminate the request of contributions from the Cities of Fort Collins and Loveland. Federal money is essential to fund capital projects and the Airport will continue to seek federal funds. Councilmember Roy asked what tier of service is provided by the Airport. Gordon stated the Airport is in a group of commercial service airports that have service provided for the general public by an aircraft carrier. Those airports are ranked by major, medium and small hubs. The Airport is at the lowest level of commercial service airport by that ranking, which is determined by the number of 403 October 6, 2009 passengers per year. The Airport is the fourteenth commercial service airport in the state of Colorado and there are about 450 commercial service airports in the country. All of those commercial service airports are municipally owned, except one. Freeman noted a privately -owned commercial service airport is not eligible for FAA funding and that is why virtually all airports are publically owned. Councilmember Roy asked if the current aircraft carrier will continue its service at the Airport and if any other airlines were interested in using the Airport. Gordon stated the current carrier is Allegiant Air and it is financially strong and has not indicated it will reduce its current level of service. Charter flights use the Airport on an occasional basis but no other airline has expressed any interest in bringing scheduled service to the Airport. Councilmember Roy asked what economic benefit the Airport provides to the area. Gordon stated a study done by the State of Colorado showed the Airport generates $56 million per year in direct and indirect benefits to the surrounding communities. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2009-093. Mayor Hutchinson noted a goal listed in the Airport Business Plan states the Airport will provide economic development opportunities both on and off Airport property through supportive investment zones and appropriate corporate incentives which will contribute to the economic health of the area. Councilmember Roy stated his concerns that future development will create deficits at the Airport. Mayor Hutchinson stated the Airport Business Plan was developed so that deficits will not be an issue but that development at the Airport will be done in an orderly fashion. Councilmember Troxell stated the Airport is a asset to the region and the comprehensive Business Plan provides guidance for future development at the Airport. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2009-084 Appointing Two Representatives to the Colorado Municipal League Policy Committee, Adopted The following is staff s memorandum for this item. 404 October 6, 2009. "EXECUTIVE SUMMARY Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100, 000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. This Resolution appoints one Councilmember, to be selected at this meeting, and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. This item was postponed on September 1, 2009 to allow time for staff to gather information concerning the number of elected officials and staff currently serving on the Committee. It was postponed again on September 15 because of the lateness of the hour. " Eric Sutherland, 631 LaPorte, stated no unelected officials should be appointed to the Policy Committee. An appointed official should not be allowed to serve on the Platte River Power Authority Board of Directors. Shane Miller, 4325 Mill Creek, stated only elected officials should be allowed to represent the city. Sue Pollack, Fort Collins resident, stated the City Manager is the best choice for the Policy Committee because he is an expert on the position the City takes regarding public policies that will affect Fort Collins. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution 2009-084, and insert the names of Councilmember Poppaw and City Manager Atteberry as the representatives to the Colorado Municipal League Policy Committee. Mayor Hutchinson noted the Council Legislative Committee is composed of Councilmembers Poppaw, Ohlson and himself. The Legislative Committee proposes the City's legislative policy which sets guidelines for legislation Fort Collins considers important and then Council formally approves the legislative policy. The CML Policy Committee reviews legislative proposals and makes recommendations to the CML Executive Board. He is a member of the CML Executive Board and can provide input to CML regarding the interests of Fort Collins. KIN October 6, 2009 Councilmember Manvel stated the Policy Committee members represent the positions of their respective municipalities. The Committee is composed of elected officials and staff from various municipalities: Appointing a Councilmember and a member of staff to the Committee provides a good mix of representation and has served Fort Collins well in the past. Mayor Hutchinson noted the policy of the CML Executive Board is to alternate the position of president between an elected official and an appointed official. The current president of the CML Executive Board is the Town Manager of Frisco. Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to amend the original motion and insert the name of Councilmember Troxell as a representative on the Policy Committee instead of Councilmember Poppaw. Councilmember Kottwitz stated Councilmember Troxell has expressed interest in serving on the Committee. Councilmember Troxell stated he has served on the Policy Committee previously and would be glad to serve again. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Troxell. Nays: Manvel, Ohlson, Poppaw, Roy. THE AMENDMENT TO THE MOTION FAILED. Councilmember Roy stated the CML is an influential voice for municipal interests on state and federal policies and is an important source of information for municipal officials. The City Manager and Councilmember Poppaw will be excellent representatives on the City's behalf. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy. Nays: Kottwitz, Troxell. THE MOTION CARRIED. Adjournment The meeting adjourned at 10:25 p.m. i Mayor ATTEST: V, City Clerk 406