HomeMy WebLinkAboutMINUTES-12/16/2008-RegularDecember 16, 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, December 16,
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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
(Councilmember Brown excused from Council meetings from October 28, 2008 through April 7,
2009, authorized by Resolution 2008-104.)
Staff Members Present: Attebcny, Krajicek, Roy.
Ann Lane, Colorado Chapter of the American Planning Association, presented two awards to the
Planning Department for its "Plan Van" and the Development Review Guide.
Citizen Participation
Eric Sutherland, 631 LaPorte Avenue, stated the Green Energy Program allows wind and other forms
of renewable energy to be paid for through voluntary subscriptions but the Program does not comply
with City Code. He opposed the purchase of renewable energy credits to reduce greenhouse gas
emissions.
Gail Zirtzlaff, 2048 Manchester Drive, shared her complaints about the lack of response from Police
Services and to the treatment she had received from Police Services and the Latimer County
Sheriff's Department.
Vivian Armendariz, 820 Merganser Drive, stated she had concerns about the safety of using
wheelchairs in bike lanes and she asked that any ordinance that allowed wheelchairs in bike lanes
be very clear about the conditions that must be met to allow riding wheelchairs in the bike lanes.
She requested an expansion of Dial -A -Ride so riders can attend City public meetings when they are
held outside the Dial -A -Ride area.
Cheryl Distaso, 135 South Sunset, stated the Transit Strategic Plan open house and the Transfort
route change meeting will be held simultaneously at CSU when students are gone for winter break
and not available to make comments on proposed route changes. She requested an extension of the
public comment time on the route changes and for one more public open house to be held.
Nancy York, 130 South Whitcomb, requested the public comment period be extended on the
proposed Transit Strategic Plan and the Transfort route changes. She urged Council to expand the
transit system to create a regional system.
305
December 16, 2008
Yvonne Longacre, 1550 Blue Spruce, stated Transfort buses are not well labeled and the routes are
not easy to figure out which has led to difficulties when her family has used Transfort.
Citizen Participation Follow-up
Mayor Hutchinson stated the Green Energy Program does contribute to greenhouse emission control
but it is difficult to quantify the contribution. Platte River Power Authority is changing its policy
regarding renewable energy credits. He requested a memo from the City Attorney regarding the
compliance of the Green Energy Program with City Code.
Councilmember Roy asked for an extension of the public comment period for the Transit Strategic
Plan. City Manager Atteberry stated the Plan schedule will allow for an extension of time for the
public comment period.
Councilmember Ohlson asked that any advertising for City programs such as the Green Energy
Program contain only facts and no stretching of the truth. City Manager Atteberry stated staff
provides objective information in any advertising it produces.
Councilmember Ohlson asked if the City Manager would be willing to meet with Ms. Zirtzlaff to
help address her concerns about her treatment from Police Services. City Manager Atteberry stated
he has met with Ms. Zirtzlaff and heard her concerns. He has spoken with the Police Chief about
the issues and he has received an audio tape of the interaction between her and the officer in
question, but he has not yet listened to it.
City Manager Atteberry stated the issue of wheelchairs in bike lanes has been debated in previous
years and the decision was made not to allow that practice. Council has asked staff to examine the
issue again and staff is in the process of that evaluation. Once the evaluation is complete, staff will
let Council know its determinations. It is not appropriate for any staff, including the Police Chief,
to respond before the evaluation is complete.
Work Session Held
At this point in the meeting, Council adjourned to the conclusion of the work session.
Council reconvened the meeting at 9:40 p.m.
Agenda Review
City Manager Atteberry stated Item 410 Items Relating to the Issuance of City of Fort Collins
Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series
2008A, now includes the principal amounts, listed on page 9, as $3,496,000 at an interest rate of
1.125% for 2009, 2010 and 2011. He recommended Item #28 Items Relating to the Gateway First,
Second and Third Annexations become the first discussion item.
914V
December 16, 2008
CONSENT CALENDAR
6. Second Reading of Ordinance No. 143, 2008, Appropriating Unanticipated Grant Revenue
in the Recreation Fund for General Operating Support of the Adaptive Recreation
Opportunities Passport Project Program.
The City was awarded an $88,811 grant from the Department of Education via a sub -award
from Colorado State University. This Ordinance, unanimously adopted on First Reading on
December 2, 2008, appropriates that grant money in the Passport Project Program.
7. Second Reading of Ordinance No. 144, 2008, Authorizing the Appropriation of 2009 Fiscal
Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal
Airport.
The 2009 annual operating budget for the Airport totals $722,700 and will be funded from
Airport operating revenues, contributions from the Cities of Fort Collins and Loveland
($85,000 from each city), and interest earnings. This Ordinance, unanimously adopted on
First Reading on December 2, 2008, appropriates the City of Fort Collins' contribution,
which is a 50% share of the 2009 Airport budget and totals $361,350. This Ordinance also
appropriates the City of Fort Collins' 50% share of capital funds, totaling $791,115 for the
Airport from federal and state grants, passenger charges, contributions from Fort Collins and
Loveland and the Airport General Fund.
Second Reading of Ordinance No. 145, 2008, Appropriating Unanticipated Grant Revenue
From the Office of National Drug Control Policy and the Office of Community Oriented
Policing Methamphetamine Initiative in the General Fund for the Larimer County Drug Task
Force.
The City has received two grants for the Larimer County Drug Task Force. The first is from
the Office of National Drug Control Policy for January I -December 31, 2009 in the amount
of $105,000. The second is from the Office of Community Oriented Policing
Methamphetamine Initiative in the amount of $133,280. This Ordinance, unanimously
adopted on First Reading on December 2, 2008, appropriates the funds from the two grants.
9. Second Reading of Ordinance No. 146, 2008. Appropriating Unanticipated Grant Revenue
in the General Fund and Authorizing the Transfer of Appropriated Amounts Between
Accounts and Projects for Police Services.
Police Services received federal funding to apply to the purchase an armored rescue vehicle
for the use of the Police Services SWAT Team. After the initial grant award notifications
were received, an additional $30,302 was awarded from the 2005 State Homeland Security
Program. This Ordinance, unanimously adopted on First Reading on December 2, 2009,
appropriates the unanticipated $30,302 for this purchase.
307
December 16, 2008
10. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2008A.
A. Second Reading of Ordinance No. 147, 2008, Authorizing the Issuance of City of
Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax
Increment Revenue Bonds, Series 2008A, Dated Their Delivery Date, in the
Aggregate Principal Amount of $10,488,043, for the Purpose of Financing Certain
Capital Improvements, Capital Projects and Development Projects Within the
Downtown Development Authority Area; Providing for the Pledge of Certain
Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the
Bonds; Approving Documents in Connection Therewith; and Ratifying Action
Previously Taken and Appertaining Thereto.
B. Second Reading of Ordinance No. 148, 2008, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2008A, for the Purpose
of Making Certain Capital Improvements, Capital Projects and Development Projects
Within the Downtown Area of Fort Collins, Authorizing the Transfer of
Appropriations Between Funds and Appropriating Expenditures from the DDA Debt
Service Fund to Make the 2008 Payment on the Bonds.
These Ordinances, unanimously adopted on First Reading on December 2, 2008, authorize
the issuance of $10,488,043 in Tax Increment Bonds and the appropriation of the proceeds
of the issuance to be used for projects and programs such as initiating a green building TIF
facade/grant program, the 2009 funding for Beet Street and additional improvements to the
downtown area.
11. Second Reading of Ordinance No. 149, 2008, Amending Section 2-575 of the City Code
Relating to Councilmember Compensation.
Article II, Section 3 of the City Charter directs that the compensation of Councilmembers
shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer
Price Index. In 2008, Councilmembers were compensated $650 per month, and the Mayor
received $970 per month.
This Ordinance, unanimously adopted on First Reading on December 2, 2008, amends
Section 2-575 of the City Code to set the 2009 compensation of Councilmembers at $675 per
month and the compensation of the Mayor at $1,005 per month, as required by the City
Charter.
12. Second Reading of Ordinance No 150 2008 Authorizing a Revocable Permit to the Fort
Collins Fire Museum Foundation for Access to City -Owned Property at 330 North Howes
Street for up to Five Years.
The property at 330 North Howes Street (the "Car Barn") currently houses Poudre Fire
Authority ("PFA") and City Museum antique fire fighting equipment. This Ordinance,
December 16, 2008
unanimously adopted on First Reading on December 2, 2008, authorizes a permit that allows
the Fort Collins Fire Museum Foundation continued access to the restoration equipment
stored in the Car Barn.
13. Hearing and First Reading of Ordinance No. 160, 2008, Amending Chapter 9 of the City
Code and Adopting by Reference the 2006 International Fire Code, with Amendments.
The City of Fort Collins has historically adopted the Uniform Fire Code (UFC) as a model
for the identification, correction and prevention of fire safety hazards. Currently, the City
is administering the 1999 Edition. Adoption of the 2006 International Fire Code would
replace the now outdated 1999 UFC currently in use.
14. First Reading of Ordinance No. 161, 2008, Amending the City Code to Establish Marking
Requirements.
Markings can have a negative and lasting (up to several months) impact on the aesthetics of
a given area especially on decorative surfaces. This Ordinance is proposed as an addition to
Chapter 23, Article V of the City Code requiring the use of chalk -based paint in the Old
Town Area and on decorative surfaces throughout the city, except under certain conditions.
Markings are defined in the proposed ordinance to include any mark to show the location of
underground facilities or to mark other design or construction -related specifications, features
orlimits. Markings made with water -based paint must be properly removed within forty-five
days of the request, except under certain conditions. In a situation that requires markings to
be made utilizing water -based paint, the person making the request through the Colorado
notification association will be responsible for their removal. If the person making the
request is unknown, such as when an engineering company contracts directly with a locate
company instead of through the notification association, then the person causing the marking
to be made will be responsible for removing the marking.
15. Resolution 2008-127 Making Findings of Fact and Conclusions Pertaining to the Appeal by
Randy Whitman of the July 17, 2008, Determination of the Planning and Zoning Board to
Deny the Whitman Storage Facility - Request for a Modification of Standard.
On August 19, 2008, an appeal of the July 17, 2008 decision of the Planning and Zoning
Board to deny the Whitman Storage Facility — Modification of Standard was filed by the
Appellant Randy Whitman.
On December 2, 2008, City Council voted to uphold the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal, the Council should adopt a
Resolution making findings of fact and finalizing its decision on the appeal.
16. Resolution 2008-128 Making Findings of Fact and Conclusions Pertaining to the Appeal by
Randy Whitman of the October 16, 2008, Determination of the Planning and Zoning Board
to Deny the Whitman Storage Facility — Addition of Permitted Use.
309
December 16, 2008
On November 5, 2008, an appeal of the October 16, 2008 decision of the Planning and
Zoning Board to deny the Whitman Storage Facility— Addition of Permitted Use was filed
by the Appellant Randy Whitman.
On December 2, 2008, City Council voted to uphold the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal, the Council should adopt a
Resolution making findings of fact and finalizing its decision on the appeal.
17. Resolution 2008-129 Agreeing to Act as a Reviewing Entity for Commercial, Non-profit, and
Income -producing Residential Properties for the State Income Tax Credit Program for
Oualif3drig Rehabilitation Projects.
This Resolution states the City's intent to act as a reviewing entity for State Tax Credit
projects involving commercial, non-profit and income -producing residential properties
within the city limits. The provisions of the State Tax Credit legislation require that each
Certified Local Government (CLG) adopt a resolution stating whether the CLG will act as
a reviewing entity, which remains in effect until it decides otherwise.
18. Resolution 2008-130 Adopting. the Seventh Amendment to the City of Fort Collins General
Employees' Retirement Plan as Amended and Restated December 31, 2001.
By adoption of this Resolution, Council would incorporate mandatory technical tax law
changes from the final Treasury Regulations under Internal Revenue Code Section 415,
effective January 1, 2008 into the General Employees' Retirement Plan ("Plan").
The General Employees Retirement Committee ("GERC") met on November 13, 2008 and
held a discussion on this item. The GERC recommends that the City Council approve the
Seventh Amendment to the Plan.
19. Resolution 2008-131 Making Appointments to Various Boards, Commissions, and
Authorities of the City of Fort Collins.
Vacancies currently exist on various boards, commissions, and authorities due to resignations
of board members and the expiration of terms of members. Applications were solicited
during September. Council received copies of the applications and Council teams
interviewed applicants during October and November.
Section 1 of this Resolution makes 17 appointments to 14 boards and commissions to fill
current vacancies with terns to begin immediately. Names of those individuals
recommended to fill current vacancies have been inserted in the Resolution with the
expiration date following the names.
Section 2 of this Resolution makes 45 appointments to 24 boards and commissions to fill
expired terms to begin on January 1, 2009. Names of those individuals recommended to fill
310
December 16, 2008
expired terms have been inserted in the Resolution with the expiration date following the
names.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 143, 2008, Appropriating Unanticipated Grant Revenue
in the Recreation Fund for General Operating Support of the Adaptive Recreation
Opportunities Passport Project Program.
7. Second Reading of Ordinance No. 144, 2008, Authorizing the Appropriation of 2009 Fiscal
Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal
Airport.
8. Second Reading of Ordinance No. 145, 2008, Appropriating Unanticipated Grant Revenue
From the Office of National Drug Control Policy and the Office of Community Oriented
Policing Methamphetamine Initiative in the General Fund for the Larimer County Drug Task
Force.
9. Second Reading of Ordinance No. 146, 2008, Appropriating Unanticipated Grant Revenue
in the General Fund and Authorizing the Transfer of Appropriated Amounts Between
Accounts and Projects for Police Services.
10. Items Relating to the Issuance of City of Fort Collins Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2008A.
A. Second Reading of Ordinance No. 147, 2008, Authorizing the Issuance of City of
Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax
Increment Revenue Bonds, Series 2008A, Dated Their Delivery Date, in the
Aggregate Principal Amount of $10,488,043, for the Purpose of Financing Certain
Capital Improvements, Capital Projects and Development Projects Within the
Downtown Development Authority Area; Providing for the Pledge of Certain
Incremental Ad Valorem Tax Revenues to Pay the Principal of and Interest on the
Bonds; Approving Documents in Connection Therewith; and Ratifying Action
Previously Taken and Appertaining Thereto.
B. Second Reading of Ordinance No. 148, 2008, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2008A, for the Purpose
of Making Certain Capital Improvements, Capital Projects and Development Projects
Within the Downtown Area of Fort Collins, Authorizing the Transfer of
Appropriations Between Funds and Appropriating Expenditures from the DDA Debt
Service Fund to Make the 2008 Payment on the Bonds.
311
December 16, 2008
11. Second Reading of Ordinance No. 149, 2008, Amending Section 2-575 of the City Code
Relating to Councilmember Compensation.
12. Second Reading of Ordinance No. 150, 2008, Authorizing a Revocable Permit to the Fort
Collins Fire Museum Foundation for Access to City -Owned Property at 330 North Howes
Street for up to Five Years.
23. Second Reading of Ordinance No. 157, 2008, Amending Section 2-606 of the City Code and
Setting the Salary of the Municipal Judge.
24. Second Reading of Ordinance No. 158, 2008, Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney.
25 Second Reading of Ordinance 159, 2008, Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager.
28. Items Relating to the Gateway First, Second and Third Annexations
C. Hearing and Second Reading of Ordinance No. 151, 2008, Annexing Property
Known as the Gateway First Annexation to the City of Fort Collins, Colorado.
D. Hearing and Second Reading of Ordinance No. 152, 2008, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Gateway First Annexation to the City of Fort Collins, Colorado.
Ordinances on First Reading were read by title by City Clerk Krajicek.
13. Hearing and First Reading of Ordinance No. 160, 2008, Amending Chapter 9 of the City
Code and Adopting by Reference the 2006 International Fire Code, with Amendments.
14. First Reading of Ordinance No. 161, 2008, Amending the City Code to Establish Marking
Requirements.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt all items
on the Consent Calendar. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
Consent Calendar Follow-up
CouncilmemberTroxell noted many citizens were interviewed forthe various board and commission
vacancies and he thanked the citizens for participating.
312
December 16, 2008
Items Relating to the Gateway First, Second and Third Annexations,
Gateway First Annexation Adopted on Second Reading, Gateway Second
and Third Annexations continued to January 6, 2009
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Gateway First Annexation
A. Resolution 2008-133 Rescinding Resolution No. 2008-111.
R Resolution 2008-134 Setting Forth Findings of Fact and Determinations Regarding the
Gateway First Annexation.
C. Hearing and Second Reading of OrdinanceNo.151,2008,AnnexingPropertyKnownasthe
Gateway First Annexation to the City of Fort Collins, Colorado.
D. Hearing and Second Reading of OrdinanceNo.152,2008,AmendingtheZoningMapofthe
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Gateway First Annexation to the City of Fort Collins, Colorado.
Gateway Second Annexation
A. Resolution 2008-135 Rescinding Resolution No. 2008-112.
B. Resolution 2008-136 Setting Forth Findings of Fact and Determinations Regarding the
Gateway Second Annexation.
C. Hearing and Second Reading of OrdinanceNo.153,2008,AnnexingPropertyKnownasthe
Gateway Second Annexation to the City of Fort Collins, Colorado.
D. Hearing and Second Reading of Ordinance No. 154, 2008, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Gateway Second Annexation to the City of Fort Collins, Colorado.
Gateway Third Annexation
A. Resolution 2008-13 7 Rescinding Resolution No. 2008-113.
B. Resolution 2008-138 Setting Forth Findings of Fact and Determinations Regarding the
Gateway Third Annexation.
C. Hearing and Second Reading of OrdinanceNo.155,2008,AnnexingPropertyKnownasthe
Gateway Third Annexation to the City of Fort Collins, Colorado.
313
December 16, 2008
D. Hearing and Second Reading of Ordinance No. 156, 2008, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Gateway Third Annexation to the City of Fort Collins, Colorado.
Resolutions 2008-111, 2008-112, and 2008-113 make findings that the petition for annexation for
the Gateway Annexation, containing a total of approximately 256.3 acres, substantially complies
with the Municipal Annexation Act (the "Act'), the CityofFort Collins Comprehensive Plan (City
Plan), the Larimer County and City ofFort Collins Intergovernmental Agreements, the CityofFort
Collins Land Use Code, and the Harmony Corridor Plan; that notice was duly given; and that a
hearing was held regarding the annexation in accordance with the Act.
These Resolutions were prematurely presented to, and adopted by, the Council on December 2,
2008, before the public hearing on the annexations had actually been held. For that reason, staff
recommends that Council rescind those Resolutions, hold the statutorily required hearing on the
annexations, and then consider new Resolutions making findings and determinations with regard
to each of the annexations.
The Ordinances, adopted unanimously on First Reading on December 2, 2008, will annex the
property into the City limits and place the property into the POL-Public Open Lands Zoning
District. "
Ken Waido, Chief City Planner, stated the Gateway Annexation includes portions of the Arapaho
Bend Natural Area and portions of 1-25 and will be considered in three parts.
City Attorney Roy stated his recommendation that Council leave the hearing open for an hour, but
delay asking questions and taking Council action until later in the meeting, since staff intends to
recommend that Council continue consideration of Gateway Second and Third Annexations to the
January 6, 2009 meeting. The Mayor can request citizen input at that time.
Council left the item open and continued with the meeting.
Ordinance No. 157, 2008,
Amending Section 2-606 of the City Code and Setting the Salary
of the Municipal Judge, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session on November 18 and November 25, 2008 to conduct the
performance appraisal of Municipal Judge Kathleen M. Lane. Ordinance No. 157, 2008, adopted
on First Reading on December 2, 2008 by a vote of 5-1(Nays: Poppaw), establishes the 2009 salary
of the Municipal Judge at $93,045.
314
December 16, 2008
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
158, 2008 on Second Reading.
Mayor Hutchinson stated the Council made a commitment two years ago to bring the compensation
of the Municipal Judge, City Attorney and City Manager to a level of average market value. Data
from comparable cities was used to determine the pay range for each employee and it was
determined the three employees were receiving below average pay compared to comparable cities.
The three employees are high performing employees and Council decided it was a fair and just
decision to bring their compensation to average market value. Average pay is measured against
comparable markets. The City Manager was measured against a nationwide market and the City
Attorney and Municipal Judge were measured against cities along the Front Range.
Councilmember Poppaw objected to the raises in view of the uncertain economy. She believed each
employee had been high performing but it was the wrong time to award a raise of this magnitude.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and
Troxell. Nays: Poppaw.
THE MOTION CARRIED.
Items Relating to the Contract and Compensation of the City Attorney,
Adopted on Second Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 158, 2008, Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney.
B. Resolution 2008-125 Approving the Seventh Addendum to the City Attorney's Employment
Agreement.
City Council met in Executive Session on November 18 and November 25, 2008 to conduct the
performance review of City Attorney Steve Roy. Ordinance No. 158, 2008, adopted on First Reading
on December 2, 2008 by a vote of 5-1 (Nays: Poppaw), establishes the 2009 salary of the City
Attorney at $161,650.
Resolution 2008-125 would approve certain changes to the City Attorney's employment contract.
BACKGROUND
This item presents for City Council consideration on Second Reading, Ordinance No. 158, 2008,
fixing the CityAttorney's 2009 salary, as well as Resolution 2008-125, which would amend the City
Attorney's employment contract as follows:
315
December 16, 2008
decrease the City Attorney's annual vacation leave to 32.5 days per year; and
state that the City Atiorney's rate of vacation accrual will be pro -rated on a bi-weekly basis
in accordance with the number ofpay periods in each year (without increasing the amount
of annual vacation leave).
Resolution 2008-125 would approve these changes. "
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
158, 2008 on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays:
Poppaw.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2008-125. Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays: Poppaw.
THE MOTION CARRIED.
Ordinance 159, 2008,
Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager, Adopted on Second Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session on November 18 and November 25, 2008 to conduct the
performance appraisal of City Manager Darin Atteberry. Ordinance No. 159, 2008, adopted on
First Reading on December 2, 2008 by a vote of 5-1 (Nays: Poppaw), establishes the salary of the
City Manager at $190,571. "
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
159, 2008 on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Roy and Troxell. Nays:
Poppaw.
THE MOTION CARRIED.
Consideration of the Appeal to City Council of the
Water Board's August 28, 2008 Denial of the Floodplain
Variance for a School in the Poudre River 500-year Floodplain
The following is staffs memorandum on this item.
316
December 16, 2008
"EXECUTIVE SUMMARY
On August 28, 2008, the Water Board considered an application for a variance from the City Code
to allow the change o1 use in the Poudre River 500 year floodplain for an existing structure, located
at 720 East Vine Drive, to a critical facility (a charter school) and to allow the same structure to be
expanded in the future on 720 East Vine Drive and onto 724 and 750 East Vine for the same use.
The Water Board unanimously denied the variance request.
The Appellants, representing the Nature School, filed an amended Notice of Appeal with the City
Clerk's Office on September 30, 2008, seeking redress o1 the action of the Water Board which is the
subject of this appeal.
BACKGROUND
The Rocky Mountain Raptor Program is proposing a school with an environmental curriculum in
an existing structure and that structure is anticipated to be expanded in the future as enrollment
expands. The property is located in the Poudre River 500 year floodplain.
• City Code Section 10-16 includes schools in the definition of critical facilities.
• City Code Section 10-81(a) prohibits critical Jacilities in the Poudre River 500 year
floodplain.
• City Code Section 10-81 (b)prohibits the change o1 use of an existing structure in the Poudre
River 500 year floodplain to a critical facility.
• City Code Section 10-46(6) prohibits a change of use or the expansion of an existing
structure for use as a critical facility.
ACTION OF THE WATER BOARD
At the August 28, 2008 regular meeting of the Water Board, the Board considered a request for a
variance to the City Code to allow a change of use in the Poudre River 500 year floodplain for an
existing structure located at 720 East Vine Drive to a charter school and to allow the existing
structure to be expanded onto property located at 724 and 750 East Vine Drive with a future
addition for use as a school. The Board considered the testimony of the applicants and staff and
voted 8-0 to deny the variance request.
ALLEGATIONS OFAPPEAL
On September 30, 2008, an amended Notice of Appeal was received by the City Clerk's Office from
representatives of the Nature School.
The Appellants allege that:
The Board failed to conduct a fair hearing in that evidence presented by staff was
substantially false or grossly misleading.
317
December 16, 2008
The Board failed to properly interpret and apply City Code as set out in Section 2-48(b)(1).
SUMMARY OF RELEVANT ISSUES
Specific A llegations of Substantially False or Grossly Misleading Eviden ce, and Staffs Response:
The amended Notice oJAppeal from representatives of the Nature School allege thefollowing issues
and staff offers the subsequent analysis and response based on the record:
Allegation #1
Data and photographs from other drainages, specifically Spring Creek, have no direct bearing on
the hydraulic conditions of the site in question. Yet, these photos were used to imply a greater level
of risk than we believe exists on our site. In fact, we used data and photographs supplied by the
SWU staff to demonstrate that, contrary to SWU's allegation, our site would NOT have been flooded
during the 1904 food.
Staff Response
The photos presented for Spring Creek (Slide 16 of staff presentation) showed the debris blockage
during the 1997.flood and were presented as a relative situation that can result in a more complex
scenario at the proposed school site. As discussed on page 3 of the Staff Memo and on pages 22-25
of the hearing transcript, debris blockage at the College Avenue bridge on the Poudre River, similar
to what happened in 1997 at the College Avenue bridge at Spring Creek, would result in more water
overtopping College Avenue and flowing down Vine Drive to the proposed school site. The debris
blockage scenario would result in increased depths and flows and therefore, increase the risk at the
proposed school site beyond what is shown in the official floodplain modeling and mapping.
Information related to flooding in other drainages, i. e., Spring Creek and the Big Thompson River,
shows that large flood events can and do happen in this area and that the proposed school site is
subject to the same types of large flood events. As stated in the Staff Memo on page 3 and as
discussed on pages 23-25 of the hearing transcript, this information was given as examples of the
possibility of large flood events, their magnitude and their potential impacts.
On page 3 of the Staff Memo, the Poudre River Flood History Handout (Attachment 3 of the Staff
Memo) and page 21 of the hearing transcript, staff discussed the flood history on the Poudre River
and showed an historic photograph with a high water mark on the homes as a result of the 1904
flood on the Poudre River. During the discussion ofthis photograph, staffmade the statement that
it was "highly likely" that the proposed school site would have been flooded in the 1904 flood.
In response to the Appellants' assertion on appeal that these points were false and misleading, staff
has done additional historical research into the 1904 flood on the Poudre River. Newspaper
descriptions of the flood and the related property ownerships at the time that staff has identified in
this additional research strengthens the evidence that the site of the proposed school was
significantly impacted by the 1904 flood, which occurred on May 20, 1904.
W.
December 16, 2008
A May 25, 1904, Fort Collins Weekly Courier article, which is provided with this Agenda Item
Summary as Attachment 9, provides a contemporaneous description of the 1904 food, and
specifically describes flooding observations in the vicinity o] the proposed school site. An historic
map denoting the property ownerships in the vicinity o] the school site in 1915 is attached as
Attachment 10, and provides a reference point for understanding some of the statements:
"The water covered and rushed over all the bottom lands from bluff to bluff, tearing
out culverts, headgates and carrying away almost every moveable thing that stood
in its way. The river at this point was over a mile wide. "
"The rush of water was so sudden and unexpected that people had no time to think
o] anything but personal safety, and are thankful that they were permited to make
their escape. A wall of water said to have been 10 or 12 feet high burst out through
Poudre Carton about 4 o'clock in the afternoon and spreading out over the bottom
land farms swept away everything moveable.... These [bridges] were soon followed
by the College Avenue bridge and the railway bridge on the Wellington branch o] the
C&S railroad. The northern approach to the Linden Street steel bridge was under
water and for a time fears for the safety of the structure itself were entertained. It
stood the test, however, and is standing today, as is the Chestnut street bridge. While
the food was at its zenith communication between the north and south sides of the
river was entirely cut off. "
"The Russian village near the sugar factory was under wafer and all the inhabitants,
except one.family, living in the old Judge Remington house, which stood on higher
ground, had to fee for their lives. The water flooded the lower floor of the
Remington house, but the occupants stuck to it and passed the night there. "
"It is impossible at the present time to make a satisfactory estimate of the damage
caused, but it will not fall far short o] a million dollars and may largely exceed that
sum. "
"Water swept around the sugar factory and prevented the entire force employed
there now, including Manager Booraem, Superintendent Westein from getting to
their homes. Along in the evening they waded north to the bluff, finding shelter for
the night at William Lindenmeier's. " [Staf] note: see blue -shaded area on
Attachment 10 denoting William Lindenmeier property and green -shaded rectangle
denoting sugarfactory location.]
"The beets on the Peter Anderson farm will have to be replaced. " [Staff note: see
pink -shaded area on Attachment 10 map denoting NE corner of Vine and LeMay.]
"Two Russian houses on the Lindenmeier place were washed into the middle o] the
road. "
319
December 16, 2008
"There were six inches of water in the sugar factory and eighteen on the north side.
The stored sugar escaped by only six inches. "
"The dancing pavilion in the grove on the north bank of the river collapsed and fell
into the raging flood and was carried away, taking with it a new piano which the
owner had just installed. "
Allegation #2
The city's use of the term 'flash flood" in this instance, is grossly misleading, when by the city's
own modeling, a 500 year event would appear as a relatively shallow sheet flow at low velocities.
Staff Response
On page 7 of the Staff Memo and page 21 of the hearing transcript, staff described the expected
characteristics of a flood at this site and addressed Section 10-28(e)(9) related to conditions for a
variance. A 500 year flooding event on the Poudre River would likely be from heavy rainfall or
rain -on -snow. A flash flood, resultingfrom the rainfall event, would typically be short in duration
and the rate of rise would probably be extremely fast and thus, there may be very little to no
warning. An event of this magnitude would also contain debris that would magnify the event.
When the term ' lash flood" is used, it does not indicate the depth q/flooding, but rather the rapid
rate of rise. The National Weather Service describes a "dash flood" as:
Flash floods occur within a few minutes or hours of excessive rainfall, a dam or
levee failure, or a sudden release of water held by an icejam. (Source: Flash Flood
Safety - What You Need to Know NOW!, National Weather Service,
www.nss/.noaa.govledulsafety/flashflood. html)
As described in the 1904 Courier article, cited above and attached as Attachment 9, the 1904
flooding illustrated this concept well. The rush of water was sudden and unexpected, and those
affected had little time to prepare, react or respond to the oncoming flood.
Staff used the term flash flood only once in the Staff Memo on page 21, and did not use the term
during the staff presentation to the Water Board.
Allegation #3
SWU's description of the hydraulic mechanism at College Ave. and Vine Dr. during the projected
500 year event was speculative and imprecise.
Staff Response
The information concerning overtopping of College Avenue and Vine Drive presented in the Staff
Memo on pages 2-3 and in the hearing transcript on pagel8 and pages 22-23 is based on the
320
December 16, 2008
floodplain modeling and mapping. Staffdescribed the College Avenue bridge as being undersized
since it cannot pass even the 100 yearflood. The floodplain map (Attachments 4 and 5 of the Staff
Memo) was used to illustrate the overtopping location at the College Avenue and Vine Drive
intersection and staff described that the floodplain mapping and modeling makes the assumption
that the College Avenue bridge is fully open and functioning during a flood. There is no debris
blockage assumed. Staffpresented photos of the College Avenue bridge and upstream railroad
trestle (Slide 14 of staff presentation) to illustrate the possibility of debris blockage on both the
College Avenue bridge and the railroad trestle. Staffdescribed that, in the event ofdebris blockage,
additional water would overtop College Avenue and flow down Vine Drive toward the proposed
school. A photo of the low spot at the Vine Drive and College Avenue intersection was used to
illustrate this scenario (Slide 14 ofstaffpresentation).
The applicantpresented no technical information contradicting the modeling and mappingpresented
by staff.
Allegation #4
The Cityprovided an approximate flood depth at the proposed school site, with no specific water
surface elevation reference, and provided no information regarding flow velocities, flood duration
or hydrographic timing.
Staff Response
As stated on page 3 of the Staff Memo and on page 19 of the hearing transcript, staff reviewed the
flood information for the property. Staff stated on pagel9 of the hearing transcript, "The depth of
flow for the 500 year floodplain is approximately one foot based off the current mapping and
modeling. " The 500 yearflows were described as being total of 24,100 cubic feet per second (cfs)
with approximately 1,100 cfs breaking out and going through the proposed school site. On page 7
of the Staff Memo, the hydrograph of aflood due to rainfall was described as typically being of short
duration with an extremely fast rate of rise. On pages 21-22 of the hearing transcript, staff
described the April 1999f1ood that was a result of rain -on snow, as being of short duration — only
lasting one day.
Contrary to the Appellants' assertions, the floodplain depth offlow and mapping for the site was
provided to them by staff several months before the hearing.
Allegation #5
SWU alleged that no detailed structural analysis had been provided regarding the building at the
proposed site. Given the generalized nature of SWU's hydraulic information, the generalized
statement that the building appears to be structurally sufficient is appropriate.
Staff Response
Sections 10-28 and 10-29 of City Code outline the criteria the Water Board must consider when
approving a variance. Section 10-28(e)(3) addresses the susceptibility ofthe proposed facility and
321
December 16, 2008
its contents to flood damage and the effect ofsuch damage on the individual owner. On pages 1-3
of the applicant's variance submittal, the applicant addressed this section of code and made the
following statement:
"The building has the structural integrity to withstand the projected flooding event;
some items on the floor inside the building could potentially become wet.... No
major damage is anticipated. "
On page 6 of the Staff Memo and on pages 30-31 in the hearing transcript, staff discussed the point
that the applicant has not provided any details or analyses to substantiate these claims and that no
design plans for the addition have been submitted. Staffstated on page 31 of the hearing transcript
that the risk of flood damage extends beyond just a single owner; it extends to the teachers and
students who will be occupying the school as well as the emergency responders and parents trying
to reach the school to help the children. Therefore, as stafffuriher noted at the time, the impact of
building damage and life -safety issues are community issues that need to be considered.
Allegation #6
The applicant demonstrated that the risk to life and safety at the proposed site during a 500-year
flood event would be no greater, and in fact less, than the risk currently being accepted elsewhere
in the Fort Collins area for similarly classified,facilities.
Staff Response
As stated on page I of the Staff Memo and pagel5 of the hearing transcript, Section 10-81(b) and
10-46(6) of City Code do not allow for a change of use of any existing structure to a critical facility
so as to result in anew non -conforming structure or use. As stated on page 5 of the Staff Memo and
page 32 ofthe hearing transcript, staffexplained that thepurpose offloodplain regulations is to be
proactive by not creating newproblems for thefuture by allowing new high risk development or uses
in the floodplain and that the critical facilities regulation is the epitome of these goals.
Allegation #7
SWU's use of information from other parts of the U.S. was grossly misleading by implying that a
500 year flood would occur considerably more frequently. Additionally, by making reference to
flood damage that occurred in otherdrainages, SWUimplied that the predicted flood risk at this site
would be considerably higher than their own data would indicate.
Staff Response
As documented on page 3 of the Staff Memo and on page 22 of the hearing transcript, staff clearly
stated that the probability of a 500 year flood is 0.2 % in any given year and that there is the same
probability each year of the event occurring. However, statistically speaking, this also means that
there is the possibility that two 500 yearfloods can occur back-to-back or that they can be stretched
out over a much, much longer period of time, On page 3 of the Staff Memo and page 24 of the
322
December 16, 2008
hearing transcript, staffpresented information to illustrate the risk associated with large floods.
This included information on the 1997 Spring Creek Flood in Fort Collins and the 1976 Big
Thompson Flood. As an example of not waiting 500 years between floods, it was discussed that the
some areas of the Midwest that were flooded this past year have had more than one 500 year flood
within a 10-15 year period.
On page 3 of the Staff Memo and on pages 22 and 23 of the hearing transcript, Staff explained how
debris blockage at the College Avenue bridge can affect the risk at the proposed school site. There
is a high probability of debris blockage at the College Avenue bridge or upstream railroad trestle,
which would result in more water overtopping the College Avenue bridge and heading down Vine
Drive. The 1,100 cfs expected through the site in the 500 year flood may actually be a much greater
amount of water or this same scenario could occur in an even smaller event.
Allegation #8
The fact that the proposed site lies within the 500 year floodplain is not contested. However,
specific information mitigating thefact that the site is in the 500 yearfloodplain was not considered
by the Water Board, which was only interested in enforcing the code without due attention to the
merits of the request. The motion to deny the request for variance was passed without any
discussion of the technical merits of the variance request, or regarding the proposed school's value
to the community versus actual risk. We believe that the risk to life and safety during the projected
500 yr event was grossly overstated.
Staff Response
A 11points presented by the applicant in this appeal were presented to and heard by the Water Board
during the variance hearing. The Water Board asked questions of both staffand the applicant prior
to making their motion to deny the variance request.
STAFF SUMMARY
Staff believes the Board did not fail to hold a fair hearing and that the Board did not consider
evidence that was substantially false or grossly misleading.
Specific Allegations that the Water Board Failed to Properly Interpret and Apply the City Code
and staffs response:
The Appellant has offered no specific allegation or explanation regarding its claim that the Water
Board failed to properly interpret and apply the City Code, except to state that it resulted from the
failure of the Board to conduct a fair hearing and "the failure of staff to adequately inform and
prepare the Water Board about the issue. "
Options Available/StaffRecommendation/Possible Conditions of Approval
The City Code states that, after reviewing the grounds stated in the notice of appeal, the record on
appeal and the relevant criteria for considering these kinds of variance requests, the Council must
323
December 16, 2008
remand the matter to the Water Board for rehearing if it finds that the Appellant was denied a fair
hearing. If the Council f nds that the Appellant received a fair hearing, then the Council must decide
whether to uphold or overturn the Board's decision; provided, however, that the Council may also
remand the matter to the Board for rehearing to consider any issues raised on appeal that the
Council believes may warrantfurther consideration by the Board. (Becausethe Water Board denied
the application, the option of modifying the Board's decision is not available to the Council in this
case)
Staffcontinues to recommend denial ofthe variance request because ofthe life -safety risk associated
with a school in the floodplain. It is staffs professional opinion that the only way to truly mitigate
the impact a flood has on a school is to locate it outside the 500 year floodplain. However, if the
Council believes that the variance request should be granted or that the matter should be remanded
to the Board for rehearing in order for the Board to consider particular issues raised on appeal,
staff will assist the Board in evaluating any mitigation conditions the Board might develop and
recommend to be imposed upon any approval of the variance so as to help mitigate some of the risks
presented by locating this facility within the 500 year floodplain.
RELEVANT CODE PROVISIONS FOR COUNCIL REFERENCE:
Section 10-16 of the City Code defines critical facilities as:
"Critical facilities shall mean ... hospitals, nursing homes, group homes, residential
care facilities, congregate carefacilities and housing likely to contain occupants who
may not be sufficiently mobile to avoid death or injury during a flood; schools;
daycare facilities, ... "
Section 10-81(a) Critical Facilities. In any portion of the Poudre River 500 year floodplain or zone
X shaded area, critical facilities are prohibited.
Section 10-81 (b) Change of Use. No person shall change the use of any structure or property
located in the Poudre River 500 yearfloodplain or zone Xshaded area so as to result in a new use
or new nonconforming structure that is inconsistent with the requirements of this article.
Section 10-46(6). No person shall change the use ofan existing structure that is not a critical facility
to use as a critical facility contrary to the provisions of Article II of Chapter 10 of this Article, or
change the use of a critical facility to another type of critical facility, or increase the physical area
in use for a nonconforming critical facility, contrary to the provisions of this article. "
City Attorney Roy explained the appeal process. He noted Council is reviewing, at the request of
the appellant, a decision of the Water Board and that review consists of reviewing the record on
appeal. No new evidence is admissible on an appeal, except in response to questions from the
Council. Presentations to Council are limited to parties -in -interest, which consist of the appellant,
persons who appeared before the Water Board or submitted written comments to the Board or were
within the notice area. Council's decision is to be based upon the record and the relevant criteria in
the City Code and the presentation of the parties.
324
December 16, 2008
Councilmember Roy stated he had received a voice mail from a citizen wanting to talk about the
appeal, but he did not listen to the message. He has also received an email from another citizen
regarding the appeal and he asked what the proper response should be to these types of contacts.
City Attorney Roy stated City Code has a provision that discourages ex parte contacts between
persons who may be interested in the outcome of the appeal and any individual Councilmembers.
Council is acting as a judge and not a legislative body and is to base its decision upon the evidence
and argument presented at the Board hearing so that all the parties -in -interest can hear and respond
to the information that is presented. Written materials are to be submitted to the City Clerk by noon
Wednesday before Council hears the appeal.
Marsha Hilmes-Robinson, Floodplains Administrator, stated the appeal concerns the location of the
proposed Nature School, to be located at 720-750 East Vine, which is within the Poudre River 500-
year floodplain. The request was for a City Code variance to allow a change of use at 720 East Vine
to a charter school and to allow the existing structure to be expanded onto property located at 724-
750 East Vine with a future addition to be used as a school. Staff recommended denial of the
variance to the Water Board based on the standards for floodplain variances found in the City Code.
The Board unanimously voted to deny the request.
The definition of "critical facilities" specifically includes schools. The Code states that critical
facilities are prohibited in the 500-year floodplain. The Code also prohibits a change of use to a
critical facility and does not allow a non -conforming critical facility to expand. The only regulation
required by City Code is the prohibition of critical facilities in the 500-year floodplain.
The existing building is currently leased by the Rocky Mountain Raptor Program. The request would
change the use of the building to a school. The future addition would be approximately 10,000
square feet. The 500-year floodplain for Poudre River extends north of Vine Drive and east of
Lemay Avenue and the proposed site sits within the boundaries of the River's 500-year floodplain.
Mayor Hutchinson asked if any Councilmembers have visited the site. Councilmember Manvel
stated he has visited the site since it is in his district. He has spoken with the appellants about the
project prior to the Water Board hearing but he did not learn any information that has not been
presented in the appeal materials. City Attorney Roy stated any party -in -interest who believes
Councilmember Manvel's site visit or contact with the appellant will interfere with his decision
making needs to now speak. No one responded.
Mayor Hutchinson stated he visited the site two years ago but he did not learn anything significant
about the site at that time.
Judy Scherplez, Executive Director of the Rocky Mountain Raptor Program, appellant, stated the
Nature School is aproposed charter school that would offer schoolchildren an environmentally -based
integrated curriculum and would allow the students to interact with nature and the Rocky Mountain
Raptor Program on a daily basis. At the time of the Water Board hearing, Board members expressed
their support for the project and suggested City Code might be excessively restrictive in this case.
A 500-year flood event at this site would be less than one foot of water at an extremely slow flow
rate. The one -foot depth at one foot/second is a common occurrence in the area with severe summer
325
December 16, 2008
thunderstorms and do not typically present unusual hazards. There is a 0.2% chance/year that such
an event will occur on the site. The site is outside the 100-year floodplain and the flood peak of 12
inches or less would recede quickly. The flood flows would not be deep or rapid. Parts of the
building would be above the maximum flood depth and the addition to the building would be above
the floodplain. The most common time for flooding is May through August and does not occur when
school is in session. The warning systems in the area would provide at least 2 hours notice in the
event of any flood event. The school building is 3000 feet from the Poudre River and is four feet
above the previously documented maximum flood elevation. Other schools within the Poudre
School District are located within the 100-year floodplain and are at greaterrisk but the risk has been
mitigated with emergency management plans. The City has a flood warning system that would give
at least two hours warning.
City Code gives mitigation guidelines for building in the 100-year floodplain but not for building
in the 500-year floodplain. The Nature School has developed its own emergency management plan.
An evacuation plan has been developed to remove the children from the building before floodwaters
would come. The building is structurally sound and would not beat risk. Any water that came into
the building would be a low depths and would recede quickly. The proposed project will not
endanger public health, safety or general welfare. An alternate location for the school is not an
option because much of the curriculum will be centered on the Raptor Program that adjoins the site.
Access to the property during times of flooding would not be an issue because the depths of water
would be one foot or less and high -clearance school buses and vehicles could maneuver through the
floods. The evacuation plans calls for the children to be removed from the site before the flood
waters arrive. The benefits of the proposed school outweigh any minor risks and does not add an
additional threat to public safety.
Mickey Willis, appellant, stated the only 500-year floodplain in Fort Collins is in the Poudre River
Basin. The request for a variance is to change the use of an existing building to a school. The
building has never been flooded. There is only a 0.2% chance that a 500-year flood will occur in any
given year and the plans developed by the school will provide a reasonable expectation of safety to
the public. There is no stormwater management plan for this part of Fort Collins so this proposal
should not be restricted simply because there is no plan. The Poudre School District has denied the
application for the Nature School because the school would be located in a 500-year floodplain and
he asked Council to overturn the Water Board's decision so the application for this charter school
could go forward.
Councilmember Roy asked if all the materials provided to Council for the appeal were within the
appeal guidelines. Carrie Daggett, Deputy City Attorney, stated some of the information given to
the Water Board was presented using different wording, but the basic points made and the
information presented now is consistent with the discussion held during the Water Board hearing.
The appellant has asserted that false and misleading information was considered by the Board, and
any additional information that goes towards answering that assertion would be permitted.
Councilmember Roy asked for clarification of the flooding history of the site. Hilmes-Robinson
stated in 1904, the Poudre River did flood the sugar factory, located south of the site, with 6 inches
326
December 16, 2008
of water and 18 inches of water were on the north side, closer to Vine Drive. Using newspaper
accounts of the flood, staff has determined that the site was flooded.
Mayor Hutchinson stated the transcript of the Board hearing notes the appellant did not have any
mitigation plans.
Councilmember Poppaw noted the appellant stated City Code gives mitigation guidelines for
building in a 100-year floodplain but staff had stated mitigation is not done for critical facilities.
Hilmes-Robinson clarified that the City Code does not give any mitigation guidelines for critical
facilities in a 100 or 500-year floodplain. Any type of building other than a critical facility does not
have any requirements for building in a 500-year floodplain. Critical facilities are not allowed to be
built in a 500 or 100-year floodplain because of the higher level of risk associated with those
facilities.
Councilmember Ohlson asked what other issues the Water Board should be directed to consider if
the appeal is remanded to the Board. Bob Smith, Water Planning and Development Manager, stated
mitigation consists of two components. One component is the structure, contents and the inhabitants
of the building. A new structure, such as the proposed addition can be elevated and an existing
structure can be flood proofed to keep the water out. Another component is the actions of the
inhabitants of the building and those attempting to reach the building and access becomes a critical
issue. In the event of a flood, Vine Drive would be wet and emergency personnel and parents
attempting to reach their children would be put at risk, trying to reach the building. If the building
is flood proofed, the recommendation is for the inhabitants to stay inside and not evacuate. Hilmes-
Robinson stated staff did not feel the risk associated with the school could not be fully mitigated.
Many unknowns exists with a flood event with how high the water will be, the amount of debris and
placing children in an area where a flood might occur is not advisable.
Councilmember Manvel asked if an office building could be built at the site with no mitigation
measures. Hilmes-Robinson answered in the affirmative. Adults would occupy an office building
and could respond in a safe manner. A school full of children poses an inherent risk because parents
would attempt to rescue their children, regardless of safety risks.
Councilmember Manvel stated Poudre School District has several schools located in a floodplain
and those schools have not been relocated. Hilmes-Robinson stated that information was incorrect
and there are no schools within a floodplain within city limits. Poudre School District has one
school, located in Larimer County, in the Poudre River 100-year floodplain. The standard in the
Code was adopted in 1995 as a proactive measure to try to mitigate future damages. There are
existing structures that do not meet the standards in the Code, but new buildings must meet Code
requirements to prevent losses.
Mayor Hutchinson asked if schools were added to the list of critical facilities after the 1997 flood.
Hilmes-Robinson stated schools were not originally on the list, but it was interpreted that schools
should be part of the list because of the clause concerning inhabitants that are insufficiently able to
evacuate on their own.
327
December 16, 2008
Councilmember Ohlson stated the City has allowed too many buildings to be built within the
floodplain in the past 25 years and this restriction seems extreme, since the major flood times are
months when the school will not be in session.
Councilmember Roy asked how many critical facilities have been allowed in the 500-year floodplain
since the standards were put into place.
City Manager Atteberry stated the proposed school would be a great addition to the community and
staff has spent considerable time trying to make this plan work. Hilmes-Robinson stated five years
ago, Wingshadow School requested to be located in the Dry Creek Floodplain and was granted a
variance. It was located in the City's mapped floodplain, not the FEMA mapped floodplain. The
Dry Creek diversion project was beginning and the floodplain was going to be eliminated in the near
future when the Wingshadow School requested its variance. The floodplain has been eliminated
from that site and Wingshadow School is no longer in operation. Other schools have looked at sites
located in a floodplain and have chosen alternative sites. Poudre School District consults with the
City when it is considering a new school site. Zach Elementary is one school built since the time of
the critical facilities regulation and the building is completely outside of the floodplain.
Councilmember Manvel asked if changes to the Poudre River since the 1904 flood would affect the
peak discharges projected in the event of a flood. Hilmes-Robinson stated FEMA published the
figures in 2006 and takes into account the existing operational features located along the River,
including water storage facilities and undersized bridges. The undersized bridge across the Poudre
at College and Vine is a critical breakpoint because the overflow that would take place as a result
of the blockage of the bridge would be magnified and cause additional water beyond what is mapped.
Councilmember Manvel asked if it is possible to build a building that contained the mitigation
measures required in a 100-year floodplain to protect the contents and people in the event of a flood.
Hilmes-Robinson stated it is impossible to build any building with absolute certainty that it would
be safe from a flood. The recommendation is for any buildings erected in the 500-year floodplain
to include all mitigation possible, but that mitigation is not required. The proposed addition to the
school could be built with mitigation measures included, but the existing building would not have
those measures. There are no stormwater projects planned that would remove the site from the
floodplain so the new building would still be within the floodplain. Elevating the structure would
not mitigate the access problems that would occur in the event of a flood because the approach roads
would be under water. Jim Hibbard, Water Engineering Field Operations Manager, stated the City
does have a flood warning system but staff is not comfortable relying on that system to notify private
entities that have based their mitigation measures on the City's warning system. The Wingshadow
School received its variance with the condition that it provide its own flood warning system with a
private provider so it was independent from the City. The Wingshadow School had an emergency
management plan written by an emergency management professional and had identified shelters and
transportation. The Nature School has not provided any information regarding its emergency
management plan.
Mickey Willis, appellant, stated Dunn Elementary School is in the middle of a 100-year floodplain
and would have no access in the event of a flood. The Waldorf River Song School bought a building
328
December 16, 2008
at 309 Hickory and operated from 2000 to 2005 and then sold the building to the Family Center, a
preschool that is currently operating on that site, which is in a floodplain. Those critical facilities
were approved through the City's process. The Nature School does have an emergency management
plan, based on the one developed by Wingshadow School. Mr. Willis noted that Mike Gavin,
Director of the Emergency Management Office of Fort Collins, has stated the denial of the variance
was ridiculous as the Poudre School District has an emergency management plan for each of its
schools that deals with response to flooding.
City Manager Atteberry stated he has received a letter from Mr. Gavin, supporting the staff s
position and opposing authorization of the variance. The letter was not entered into the record
because it was new evidence, but Mr. Willis has represented Mr. Gavin's position incorrectly to
Council.
Councilmember Ohlson made a motion, seconded by Councilmember Troxell, that Council finds
the Water Board conducted a fair hearing. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to remand the matter
to the Water Board for further consideration by the Board of flood proofing the existing structure,
elevating and flood proofing any new structures, and examining emergency notification systems and
response procedures and evacuation plans. The Board is to determine whether to grant the variance
based on consideration of those factors and any other relevant information presented to the Board
in that proceeding.
Councilmember Manvel noted the Board discussed the fact that an emergency management plan was
not presented to the Board at the time of the hearing in August.
Councilmember Roy stated the school is a critical facility that should not be located in a floodplain
and any mitigation measures will not change that fact.
Councilmember Troxell stated the floodplain designation has been developed to safeguard people
and property and a critical facility should not be allowed in a floodplain.
Councilmember Manvel stated additional mitigation measures can development to greatly reduce
any additional threat to public safety. The Nature School could provide great benefit to the
community and minimizing any flooding threat with a plan would meet the criteria for allowing a
variance.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, and Ohlson,. Nays: Poppaw,
Roy and Troxell.
THE MOTION FAILED.
329
December 16, 2008
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to uphold the decision
of the Water Board, which held a fair hearing and did not consider substantially false or grossly
misleading evidence relevant to its findings and that the Board did not fail to properly interpret and
apply the provisions of the City Code in denying the variance.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Poppaw, Roy and Troxell.
Nays: Ohlson.
THE MOTION CARRIED.
City Attorney Roy reminded Council that Item #28 Items Relating to the Gateway First, Second and
Third Annexations is still pending and Council should return to discussion of that item. Staff
recommends adoption of the resolutions and ordinances relating to the Gateway First Annexation
and to postpone consideration of Gateway Second and Third Annexations to January 6, 2009.
Mayor Hutchinson asked for citizen input on Item #28 Items Relating to the Gateway First, Second
and Third Annexations. No citizens responded.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2008-133. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2008-134. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
151, 2008 on Second Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
152, 2008 on Second Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to continue the hearing
on Gateway Second and Third Annexation until January 6, 2009. Yeas: Hutchinson, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
330
December 16, 2008
Suspension of Rules
Councilmember Manvel made a motion, seconded by Councilmember Roy, to suspend the rules and
extend the meeting. Yeas: Hutchinson, Manvel, Ohlson, and Roy. Nays: Poppaw, Troxell.
THE MOTION CARRIED.
(**Councilmember Ohlson left at this point in the meeting.)
Resolution 2008-132
Documenting City Council's Comments on the North I-25
Draft Environmental Impact Statement, Adopted
The following is staffs memorandum on this item.
"FINANCIAL IMPACT
Adoption of this Resolution does not create a financial impact for the City. The North I-25 DEIS
document includes mention of various funding options and strategies for funding the future
implementation of the various recommended improvements.
EXECUTIVE SUMMARY
The Colorado Department of Transportation (CDOT) is conducting the North 1-25 Environmental
Impact Statementfor thelnterstate 25 corridorfrom Northern Colorado to the Denver Metropolitan
area. CDOT released the draft North I-25 EIS (DEIS) document for public comment on October 31,
2008for a 60-day review period. Public comments can be submitted to CDOT on the DEIS through
December 30, 2008. City staff from multiple departments has reviewed the DEIS document and
provides the enclosed comments. Staff is requesting comments from City Council on December 16th
to share with CDOT as part of the formal comment process on the DEIS.
City staff will continue to work with CDOT during 2009 to provide additional input and comments
as part of Final EIS document process. In addition, City staff will conduct thorough outreach to
City Boards and Commissions in early 2009 to gather additional input and comments from the Fort
Collins community representatives. This on -going information and input from staff, City Boards,
Commissions, and Council will be forwarded to CDOT as part of the City of Fort Collins' overall
comments on the North I-25 EIS document, including recommendations for preferred improvements.
Staff is not asking City Council to make a formal recommendation for a preferred alternative at this
time. Once staffhas received input from the City Boards and Commission, they will bring this item
back to City Council in early 2009 for a formal action on the preferred alternative. There will be
another round offormal comment period for the Final EIS document, which is anticipated to be
released by CDOT in mid-2009.
331
December 16, 2008
BACKGROUND
The Colorado Department of Transportation (CDOT), Federal Highway Administration (FHWA),
and the Federal Transit Administration (FTA) has commissioned the North 1-25 Environmental
Impact Statement (EIS). The regional study area extends from Wellington at the north end to Denver
Union Station on the south, and from US 287 and the Burlington Northern and Santa Fe (BNSF)
Railway routes on the west to US 85 and the Union Pacific Railroad (UPRR) routes on the east. The
regional study area spans portions of seven counties: Adams, Boulder, Broomfield, Denver,
Jefferson, Larimer, and Weld. The regional study area includes 38 incorporated communities and
three transportation planning regions (TPRs): the Denver Regional Council of Governments
(DRCOG), the North Front Range Metropolitan Planning Organization (NFRMPO), and the Upper
Front Range Regional Planning Commission (UFRRPC). Major population centers in the regional
study area include Fort Collins, Greeley, Loveland, and the communities in the northern portion of
the Denver metropolitan area (Denver Metro Area). Please see Attachment 1 for a map of the study
area. The map of the study area is enclosed as part of the Executive Summary document.
The purpose of CDOT's North 1-25 Environmental Impact Statement (EIS) is to identify the type of
facility improvements that will meet long-term travel needs between the Denver Metro Area and the
rapidly growing population centers along the I-25 corridor north to the Fort Collins - Wellington
area. To meet long-term travel needs, the project must improve safety, mobility and accessibility,
and provide modal alternatives and interrelationships. The need for the project is driven by the
following four categories:
• Increased frequency and severity of crashes
• Increasing traffic congestion leading to mobility and accessibility problems
• Aging and functionally obsolete infrastructure
• Lack of modal alternatives
The project needs relate differently to highway and transit components of the solutions. Highway
alternatives were evaluated in addressing all four of these needs. Transit alternatives were
evaluated in addressing two of the needs: increasing traffic congestion leading to mobility and
accessibilityproblems, and lack of modal alternatives. Specific measures were developed for each
of the needs in order to provide a means for evaluating the effectiveness of each alternative. The
alternative packages that address these stated needs are included in the "North 1-25 EIS Executive
Summary" document (Attachment 1).
CDOThas involved many cities,counties, and other agencies that are stakeholders within the North
I-25 EIS study area. Since CDOT began the North I-25 EIS process, City Transportation staff has
participated on the "Technical Advisory Committee" and City Council representatives have
participated on the "Regional Elected Officials Advisory Committee". CDOT staff and their
consultant team also held many public open house and meetings over the last several years of the
EIS process.
CDOTstaffwill be submitting summary information from the last round ofpublic meetings on the
Draft EIS (DEIS) document prior to the City Council meeting on December 16th and they will be
332
December 16, 2008
available to give Council a presentation highlighting the DEIS document and next steps. CDOT's
website for the DEIS is: http://www.dot.state.co.usINorth]25eisldeis.cfm. A hard copy of the North
I-25 DEIS document has also been on display for public review during the public comment period.
Summary of Staff Comments
Overall, CDOT's DEIS document is very thorough and adequately addresses the purpose and needs
identified during the scoping phase of the EIS process. The EIS determines the direction for the
future of transportation improvements for Northern Colorado.
Attached is a summary ofstaff comments from multiple City departments on the DEIS document and
proposed packages ofhighway and transit improvements (Attachment 2). Please note that these are
high level, summary comments and not intended to serve as a detailed overview of the I-25 EIS.
Staff comments address the pros and cons of each of the proposed CDOT packages and comments
include how well each of the packages compare with the Ciry's adopted Master Plans and policy
documents. The City departments that have provided comments on the DEIS document include:
• Transportation
• Natural Resources
• Parks and Recreation
• Historic Preservation
• Regulatory and Government Affairs Division.
CDOT's DEIS document includes two packages of alternatives. Package "A" includes adding
general purpose lanes and interchange improvements along l-25 from Mulberry/SH14 south to the
Denver Metro Area to increase traffic capacity and improve safety. To address transit needs,
Package A includes adding regional commuter rail service along the existing Burlington Northern
Santa Fe railroad corridorfrom Downtown Fort Collins to Longmont to connect with Denver's new
FasTracks commuter rail system as well as regional bus transit service between Fort Collins and
Windsor/Greeley. The regional commuter rail stations in Fort Collins would be located at the
Downtown Transit Center, Colorado State University, and the City's future South Transit Center.
The regional bus service would connect to the City's existing and/or future transit stops along
Harmony Road.
Package "B" includes adding "High Occupancy/Tolled Express Lanes" (HO/T or TEL) along the
center ofl-25 from Harmony Road south to the Denver Metro Area. These HOT lanes are designed
to improve travel time for carpools, vanpools, and transit service as well as employ the use of
congestion pricing, allowing people in single occupant vehicles to choose to pay the toll to drive in
the less congested lanes. Package B includes the same interchange improvements shown in Package
A. The transit improvements shown in Package B include regional Bus Rapid Transit service
beginning at the City's future South Transit Center and traveling east via Harmony Road to I-25,
and then using the HO/T lanes to travel along the center oft-25 to downtown Denver. Regional BRT
stations in Fort Collins would be located at the South Transit Center, intersection of Harmony and
Timberline roads, and at the Harmony and I-25 Transportation Transfer Center (park & ride).
333
December 16, 2008
Transportation Planning
From a transportation perspective, there are many advantages of the proposed highway and
interchange improvements shown in the North 1-25 DEIS to address traffic safety and capacity needs
both for existing conditions and for the long-range future.
Package A's general purpose lanes offer the most flexibilityfor addressingfuture traffic capacity
needs for all vehicle types (passenger cars, trucks, etc.), however Package Bs High
Occupancy/Tolled Express Lanes support the use of carpooling, vanpooling, transit, and congestion
pricing opportunities.
Regardingfuture transit improvements, the regional commuter rail transit system shown along the
existingBNSF railroad tracks in PackageA more effectively addresses community transit access due
to the proximity of proposed rail service to the existing Fort Collins' population centers and major
activity centers such as Downtown and CSU. However, the regional Bus Rapid Transit service
shown in Package B is also workable due to the link it will provide to the City's existing and future
local transit system along Harmony Road and at the City's future South Transit Center. Both the
regional Commuter Rail and Bus Rapid Transit alternatives will greatly improve Fort Collins'
access via transit to the neighboring Front Range cities as well as to the Denver Metro Area.
Given the strong inter -relationship of land use and transportation planning, Transportation staff
is requesting that additional travel demand forecast modeling be completed by CDOT as part of the
determination ofa preferred alternative. This updated modeling analysis should factor in updated
land use data to reflect the various land use patterns, and changes in land use, that are expected
along each of the corridors based on the proposed transportation improvements shown in each
package ofalternatives.
All of the proposed improvements (highway and transit) come at a steep price tag and CDOT,
FHWA, and FTA will need to work collaboratively with all of the North Front Range communities,
counties, and metropolitan planning organizations to strategize workable financing options for any
of these proposed future regional transportation infrastructure improvements.
Natural Resources
Natural Resources supports efforts to enhance multi -modal travel systems and supports the
Transportation Planning staffs 1-25 comments.
In terms of impacts to Natural Areas, the most troubling issue noted is the possibility ofa chain link
fence installation along the commuter rail through Natural Areas in the southwest portion of Fort
Collins. The fence would be highly disruptive to wildlife movement.
CDOT needs to update its EIS maps to accurately reflect the size and location of the City of Fort
Collins'Natural Areas and Parks. Also, there is concern regarding impacts to large trees, riparian
habitat, and other wildlife areas and corridors. Another area of concern is noise impacts to open
space areas and note that any efforts to mitigate road noise (barriers) should consider wildlife
334
December 16, 2008
movement (deer, antelope) and create wildlife crossings across]-25 especially north of Fort Collins
and including the Wellington area. Any barriers within the more "metro" area should provide
occasional openings to permit the movement of wildlife across the interstate.
Water quality is another important area of concern in terms of increases to stormwater contaminant
loading within the Cache La Poudre watershed for both Alternatives A and B. Also, concerns
include impacts to floodplains and wetlands. For example, impacts to natural vegetation and
wetlands along Spring Creek and Fossil Creek need to be avoided or mitigated. Wetlands in these
areas are highly valued by wildlife including sensitive aquatic species. Natural Resources
recommends that more detailed analysis and site specific impacts, including analysis of threatened
species, need to be identified and revised, site specific mitigation plansfor each drainage should be
conducted for the public and with input from appropriate stakeholders.
Regarding the Air Quality section of the DEIS, staff notes that a key issue for local air quality
improvement is to reduce the growth of vehicle miles traveled, which depends, in turn, upon land
use changes that support use of transit, cycling, and walking. For that reason, we believe that land
use densification and transit -oriented development should be a key criteria in deciding among the
alternatives.
Regarding greenhouse gases, several communities in the I-25 corridor DEIS study area, including
Fort Collins, Boulder, and Denver, have adopted policies and/orplans to reduce their contribution
to greenhouse gas emissions. The State of Colorado also has a Climate Action Plan. Regional
transportation planning and projects are one of the major avenues for reducing greenhouse gas
emission from the transportation sector. The reduction of transportation carbon emissions, which
is directlyproportional to vehicle miles traveled, is critical to the success ofthese community efforts
and the EISshould identify how theselected package impacts carbon emissions and the stated goals.
Also, the DEIS refers to ozone designation inconsistently throughout the Air Quality chapter. All
text should reflect the November 2007 non -attainment designation area for the 8-hour ozone
standard. In addition the new, more stringent 8-hour ozone standard promulgated in March 2008
should be discussed. The Air Quality analysis does not address PM2.5, presumably because there
are no non -attainment areas with the project study area. However, discussion ofparticulate matter
levels in the Affected Environment chapter (page 3.5-7) acknowledges that PM2.5 24-hour maximum
concentrations show a steady trend of increasing in many areas. In light of this, PM2.5 impacts of
alternatives should be addressed.
Parks and Recreation
The only Parks and Recreation facility that is impacted by both Alternatives A and B is the Archery
Range located near I-25 and Prospect Road. With Package A, the Archery Range impact is 0.09
acre and with Package B, the impact is 0.14 acre. Construction would need to be coordinated to
minimize impacts with the use of Best Management Practices (BMPs) to limit erosion, public safety
and City vegetation requirements used to repair disturbed areas. Coordination and mitigation
measures would be refined in more detail as the specifics of the preferred alternative are developed.
335
December 16, 2008
Regulatory and Government Affairs Division
Both Packages A and B are projected to increase stormwater contaminant loading by approximately
50% for all modeled contaminants within the Cache La Poudre watershed above the current
situation or under the no -action alternative. Runoff intensity and volume and higher pollutant
loading are some issues commonly associated with increased imperviousness.
With Packages A and B, a much larger percentage runoff from the roads and other impervious
surfaces will be treated via water qualityponds or other BMPs than the current situation or the no -
action alternative.
Advance Planning —Historic Preservation Office
The City of Fort Collins Historic Preservation Office has reviewed those sections of the North I-25
Draft EIS document pertaining to historic properties within the Fort Collins Growth Management
Area. Staff concurs with the findings that there will be no adverse affects on any historically
designated or eligible properties arising from the implementation of the North I-25 project.
More detail of staffs comments on each of these areas is provided in the attached summary.
City staff will continue to be actively involved with CDOT, FHWA, and FTA throughout the
development of the final EIS document in 2009 and will make every effort to convey the input and
concerns from the Fort Collins' City organization, City Council, Boards and Commissions, and
community members to influence the final recommendations for these significant regional
improvements.
Based on recent staff discussions with CDOT, there will be additional opportunities for staff input
as well as input from City Boards, Commissions, and Council during the development of the Final
EIS document in 2009.
Next Steps
Staff will assemble all comments from City staff and Council and submit a report to CDOT by the
December 30, 2008 deadline. Based on the many staff comments from City departmentsit is likely
more comments will be receivedfrom Council and the community. Consequently, there is much more
work to be done with CDOT and their partnering agencies as they develop the preferred alternative
by Spring 2009 and complete the final North I-25 EIS document by the end of 2009.
Staff will bring the North I-25 EIS information to City Boards and Commissions during the first
quarter of 2009 to gain their input and feedback regarding CDOT's DEIS document and the
proposed packages of improvements.
To date, CDOT's DEIS document is adequate in addressing the important transportation needs for
Northern Colorado's future. The document includes two packages ofpossible highway and transit
336
December 16, 2008
improvements to link Fort Collins to our neighboring communities within the North Front Range
as well as to the Denver Metro Area.
CDOT staff and their consulting team have incorporated input from City staff to ensure that the
proposed alternatives are coordinated with our local adopted land -use and transportation plans and
policy documents. However, CDOT needs to provide more detailed information regarding the
environmental impacts noted by City's Natural Resources and Regulatory and Government Affairs
staff.
Staff is committed to continuing to work with CDOT, FHWA, and FTA throughout the completion
process for the EIS in 2009 to ensure that Fort Collins concerns are addressed in the selection of
the preferred alternative and in the Final EIS document.
Timeline
December 30, 2008 — Public comments are due to CDOT on the DEIS document, including the
packages of highway and transit alternatives.
1st Quarter 2009 — City staff present North I-25 DEIS, including packages of alternatives to City
Boards & Commissions. Local agencies work with CDOT to determine a preferred alternative.
2nd — 4th Quarter 2009 — CDOT finalizes preferred alternative and develops Final EIS document
for public review. "
Diane Jones, Deputy City Manager, stated concerns had been expressed that the staff review of the
CDOT DEIS was not comprehensive. The CDOT process is different from the US Army Corp of
Engineers DEIS process for the NISP project that Council recently considered. Staff had not been
involved in the DEIS process for NISP before the DEIS was released. A technical advisory
committee, composed of staff, and aregional coordinating committee, composed of elected officials,
have been working with CDOT staff to develop the North I-25 DEIS. Earlier staff comments and
concerns are reflected in the DEIS. Other concerns are not included and work continues on the
analysis. The summary of comments provided by staff are general in nature and are not intended to
serve as a detailed overview of the DEIS at this point in time. A more detailed review is intended
to be presented to Council during the first quarter of 2009 and will culminate with Council's formal
comments on the final EIS in March 2009. Council's review this spring will also focus on reviewing
the package options and providing its recommendation as to a preferred package.
Kathleen Bracke, Director of Transportation Planning and Special Projects, stated CDOT has spent
years developing the DEIS and City staff has been involved with CDOT's technical advisory
committee for quite some time. More work is yet to be done and staff intends to include all
comments from staff, Council and the community. Staff will review the DEIS with the City's boards
and commissions the first part of 2009 and will present more information to Council in February.
Carol Parr, Project Manager for the CDOT North I-25 EIS project, stated the Draft Environmental
Impact Statement (DEIS) has been completed and it is out for public review until December 30th.
337
December 16, 2008
Work on the final EIS will continue through 2009 and it will go out for public and agency review
and a record of decision on one of the first phases of implementation will occur in mid-2010. The
project began in 2004 with many interchange and small group meetings held with different
municipalities and other groups. The purpose of the EIS is to address the long-term travel needs
between Denver and the north Front Range. Safety concerns, aging infrastructure such as the
interchanges, mobility and accessibility and modal alternatives were examined.
Mayor Hutchinson asked if Council was submitting comments on the Plan or choosing a preferred
package at this time. Parr stated Council comments were all that were requested at this time.
Councilmember Manvel noted the resolution has been revised to allow staff and the City Manager
to make additional comments, if any, as may be needed to reflect Council direction and
Councilmember feedback prior to the December 30 deadline. These comments are to present
questions for CDOT to consider and are not intended to designate a preferred package. Bracke stated
all Council comments and questions received before December 30 will be submitted to CDOT.
Councilmember Roy asked if comments could be submitted after the first of the year. Parr stated
comments received after December 30 will not be considered as formal comments but they will be
considered.
Councilmember Roy asked what issues were considered in developing the EIS. Parr stated
community visions and values are taken into consideration, along with economic and environmental
issues.
Councilmember Poppaw asked if CDOT wanted to know at this point if Council greatly preferred
one package over the other. Parr stated CDOT will examine both packages, even if the Council was
definite in which package it preferred. Representatives from the communities can attend the
meetings and voice their community's preferences.
Councilmember Manvel noted he would be attending the meetings as Fort Collins representative and
wanted to know Council's preferences.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution
2008-132, as revised. Yeas: Hutchinson, Manvel, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adjourn the meeting
to the conclusion of the Wastewater Utility Enterprise Board meeting. Yeas: Hutchinson, Manvel,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
("Council adjourned to hold the Wastewater Utility Enterprise Board meeting, then reconvened the
Regular Council meeting.)
338
December 16, 2008
Executive Session Authorized
Councilmember Poppaw made a motion, seconded by Councilmember Roy, to go into executive
session to meet with the City Attorney, City Manager and other affected members of City staff
regarding litigation and potential litigation and to discuss related legal issues, as permitted under
Section 2-31(a)(2) of the City Code. Yeas: Hutchinson, Manvel, Poppaw, Roy and Troxell. Nays:
none.
THE MOTION CARRIED.
(**Secretary's note: The Council went into executive session at this point in the meeting.)
Adjournment
The meeting adjourned at 12:35 a.m.
A
ayor
ATTEST:
1"ACity Clerk ."QN
339