HomeMy WebLinkAboutMINUTES-05/01/2012-RegularMay 1, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 1, 2012, 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: Horak, Manvel, Ohlson, Poppaw, Troxell and Weikunat.
Councilmembers Absent: Kottwitz
Staff Members Present: Atteberry, Harris, Roy.
Agenda Review
City Manager Atteberry stated the title of Item No. 13, Resolution 2012-030 Finding Substantial
Compliance and Initiating Annexation Proceedings for the 912 YYood Street Annexation, has been
changed to Wood Street Annexation, as a specific address cannot be used in an annexation title.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 7, Second Reading of Ordinance No. 033,
2012, Amending Chapter 26 of the City Code to Allow for On -Bill Utility Financing, from the
Consent Calendar.
Citizen Participation
Mel Hilgenberg, 172 North College Avenue, discussed the canal on the Brinks property, opposed
the proposed on -campus stadium, requested that the City work with CSU regarding a proposed on -
campus parking garage, opposed the Jefferson roundabout, and asked about the status of the alley
naming project.
Carl Patton, 619 Skysail Lane, thanked Council for questioning Dr. Frank at its work session and
urged Council to consider a ballot referendum in opposition to the stadium in November. He
discussed the SOS Hughes newsletter.
Bob Overbeck, 302 Parker, thanked the City for providing free mulch to residents and thanked
Council for questioning Dr. Frank at its work session. He provided examples from Kalamazoo, i
Michigan, in which an on -campus stadium has reduced property value.
Virginia Farver, 1214 Bellview Drive, opposed the AMI Smart Meters based on possible health
concerns. She requested a moratorium be placed on meter installation pending further investigation
of health impact.
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May 1, 2012
Josh Kerson,1304 Duft Drive, requested that Police funding be increased to allow training regarding
enforcing excessive truck emissions.
Eric Sutherland, 3520 Golden Currant, discussed the City's Utility using debt to fund the Smart
Meter program. He stated the tiered rate/Smart Meter combination is contradictory.
Doug Brobst, 1625 Independence Road, thanked Council for questioning Dr. Frank at its work
session and asked how many site selection sub -committee meetings have occurred and how many
have been face-to-face. He urged Council to consider a ballot referendum in opposition to the
stadium in November.
Chester McQueary, 613 Princeton Road, urged Council to allow citizens to have a say regarding the
proposed on -campus stadium via a ballot referendum.
Citizen Participation Follow-up
Mayor Pro Tem Ohlson expressed frustration regarding the perceived lack of funding for Police
Services and asked that City Manager Attebetry work with Police Services to alleviate complaints
relating.to funding issues. City Manager Atteberry replied he will work with Chief Hutto regarding
the issue.
Mayor Pro Tem Ohlson supported the idea of placing a referendum regarding the proposed on -
campus stadium on the November ballot.
CONSENT CALENDAR
6. Consideration and Approval of the -Minutes of the April 3 and April 17, 2012 Regular
Meetings.
7. Second Reading of Ordinance No. 033. 2012, Amending Chapter 26 of the City Code to
Allow for On -Bill Utility Financing_
This Ordinance, unanimously adopted on First Reading on April 17, 2012, revises language
in Chapter 26 of the City Code to enable Utilities to provide financing and on -bill servicing
of loans for energy efficiency, water efficiency and renewable energy projects. ' Utilities is
proposing to pilot a new program element for 2012, providing on -bill financing for
residential' customers participating in the Home Efficiency Program, the Solar Rebate
Program and for customers who need to repair or replace a water supply line. The primary
goal of the on -bill financing pilot is to facilitate more efficiency upgrades in the residential
sector. These upgrades reduce our need for future energy resources, reduce our
environmental footprint, promote local economic health by investing in our built
environment and improve the health, comfort and safety of our homes.
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8. First Reading of Ordinance No 035 2012 Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi -jurisdictional Northern Colorado Drug Task Force.
The City has received three grant awards from the Office of National Drug Control Policy
and the Department of Justice in the amount of $201,579 for the operation of the Northern
Colorado Drug Task Force (NCDTF) to help fund the investigation of illegal narcotics
activities in Larimer County.
First Reading of Ordinance No. 036 2012 Appropriating Additional Unanticipated Grant
Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery
Building at the Intersection of College and Mountain Avenues.
Unexpected costs, including higher bid prices and additional work requested by the owner,
have resulted in the Avery Building restoration and renovation project costing more than
originally provided for. The original cost of $430,270 was funded by a State Historic Fund
grant for $215,135, matched by an equal amount provided by the property owner, Avery
Building, LLC. The property owner has now provided the City with additional revenue in
the amount of $220,000 to cover the additional costs. The award -winning project is nearing
completion, and is expected to be finished at the end of May 2012.
10. First Reading of Ordinance No. 037, 2012, Authorizing the Convevance of a Permanent
Non -Exclusive Utility Easement on.City Parks Property to Maple Hill Master Association.
In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill,
located in northeast Fort Collins, near Turnberry and Country Club Road. The City
purchased this tract for a future public neighborhood park as well as for access, drainage and
utility easements. Maple Hill Homeowners Association has requested a utility easement for
an eight -foot wide irrigation easement through the comer of Tract I.
11. Items Relating to the Wild Plum Farm No. 1 Annexation.
A. Resolution 2012-028 Setting Forth Findings of Fact and Determinations Regarding
the Wild Plum Farm Annexation No. 1.
B. Hearing and First Reading of Ordinance No. 038, 2012, Annexing Property Known
as the Wild Plum Farm Annexation No. 1.
This is a request to annex 0.64 acres located on the east side of North Taft Hill Road,
approximately 1,750 feet north of West Vine Drive. The property is developed and is in the
FA — Farming Zone District in Larimer County. The surrounding properties are currently
zoned FA — Farming in the Larimer County to the north, west and south; and, Urban Estate
in the City (Lincoln Middle School) to the east. The zoning ordinance will come forward
on May 15, 2012.
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12. Items Relating to the Wild Plum Farm No. 2 Annexation.
A. Resolution 2012-029 Setting Forth Findings of Fact and Determinations Regarding
the Wild Plum Farm Annexation No. 2.
B. Hearing and First Reading of Ordinance No. 040, 2012, Annexing Property Known
as the Wild Plum Farm Annexation No. 2.
This is a request to annex 3.32 acres located on the east side of North Taft Hill Road,
approximately 1,750 feet north of West Vine Drive. The property is developed and is in the
FA - Farming District in Larimer County. The surrounding properties are currently zoned
FA — Farming in the Larimer County to the north, west and south; and, Urban Estate in the
City (Lincoln Junior High School) to the east. The zoning ordinance will come forward on
May 15, 2012.
13. Resolution 2012-030 Findine Substantial Compliance and Initiatiniz Annexation Proceedings
for the 912 Wood Street Annexation.
The applicant, Sidehill Investment LLC., the property owner, has submitted a written
petition requesting annexation of 17.34 acres located on the east side of Wood Street,
approximately 1,320 feet east of North Shields Street. The property is developed and is in
the O - Open District in Larimer County. The requested zoning for this annexation is UE —
Urban Estate. The surrounding properties are currently zoned O — Open in the Larimer
County to the south and west, and POL — Public Open Lands in the City (Lee Martinez Park
and McMurry Natural Area) to the east and north.
This annexation request is in conformance with the State of Colorado Revised Statutes as
they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer
County and City of Fort Collins Intergovernmental Agreements.
The only known issue with this annexation is the previously expressed concern by
communitymembers and one Councilmember with the LOMR-Fill (Letter of Map Revision -
Fill) process that occurred while the property is still in the County. While the floodplain
regulations for the Poudre River Basin generally match across the City and the County, the
City conditions its approval of LOMR-Fill applications in a way that the County does not.
In this instance, the LOMR-Fill was approved by the County and portions of the site have
been removed from the floodplain prior to annexation. Remaining portions of the site that
are in the floodplain will be required to comply with the City's floodplain regulations.
14. Resolution 20.12-031 Makin,4 Findings of Fact Regarding the Appeal of the February 16,
2012,.Planning and Zoning Board Denials of Two Stand-alone Modifications Concerning
the Proposed Remington Annex Located at 705.711 and 715 Remington Street.
On March 1, 2012, an appeal of the February 16, 2012 decision of the Planning and Zoning
Board to deny the Remington Annex, Modification of Standards was filed by Christian and
Robin Bachelet of Remington Annex, LLC.
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May 1, 2012
On April 17, 2012, 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.
***END CONSENT***
Ordinances on Second Reading were read by title by Interim City Clerk Harris.
Second Reading of Ordinance No. 033, 2012, Amending Chapter 26 of the City Code to
Allow for On -Bill Utility Financing.
20. Second Reading of Ordinance No. 034, 2012, Amending Section 26-464 of the City Code
to Establish a Medical Assistance Program for Electric Customers.
Ordinances on First Reading were read by title by Interim City Clerk Harris.
8. First Reading of Ordinance No. 035, 2012, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi jurisdictional Northern Colorado Drug Task Force.
First Reading of Ordinance No. 036, 2012, Appropriating Additional Unanticipated Grant
Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery
Building at the Intersection of College and Mountain Avenues.
10. First Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent,
Non -Exclusive Utility Easement on City Parks Property to Maple Hill Master Association.
11. Hearing and First Reading of Ordinance No. 038, 2012, Annexing Property Known as the
Wild Plum Farm Annexation No. 1.
12. Hearing and First Reading of Ordinance No. 040, 2012, Annexing Property Known as the
Wild Plum Farm Annexation No. 2.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell discussed Item No. 14, Resolution 2012-031 Making Findings of Fact
Regarding the Appeal of the February 16, 2012, Planning and Zoning Board Denials of Two Stand-
alone Modifications Concerning the Proposed Remington Annex Located at 705, 711 and 715
Remington Street, and stated the historic preservation process needs to change in order to recognize
truly deserving properties.
Councilmember Manvel agreed with Councilmember Troxell that the process needs to be reworked.
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Councilmember Horak noted Council recently received information regarding the Historic
Preservation process, but no outline of future plans for process changes was given. He asked about
the future work plan. Karen Cumbo, Director of Planning, Development, and Transportation
Services, replied a short cover memo outlined the short-term and long-term actions and stated work
has already begun on some of the short-term actions.
Staff Reports
Mason Corridor
Helen Migchelbrink, City Engineer, provided a brief update regarding the Mason Street Corridor
Project. She stated major impacts on downtown traffic will begin in July. The railroad will
completely shut down its main line on July 23-29, 2012 to replace track.
Claire Thomas, Publicity Marketing Specialist, stated construction alerts will be placed on the City's
web page and Twitter account. Businesses on Mason Street have been invited to a business access
meeting, to be held Monday, May 7, 2012. Input has been gathered regarding the art projects to be
placed along the Corridor. The kick-off event will occur on Thursday, June 7, 2012, at the Midtown
Arts Center.
Councilmember Manvel asked what portion of the project will be opened for bids on May 18th.
Migchelbrink replied those bids will be for just over a third of the total funding, approximately $30
million.
Councilmember Horak commended Thomas on her public involvement work and enthusiasm. He
asked what barriers will exist to prevent individuals from crossing the street during construction.
Thomas replied the railroad will be staging equipment for several days prior to closure, but the entire
section from Cherry Street to Laurel Street will be closed for seven days. Migchelbrink replied
Type III barriers, or Jersey barriers, as well as cones and plates will be used to ensure public safety.
Additionally, traffic control individuals and potentially police will be involved.
Councilmember Horak expressed concernregarding public safety during the closure. -City Manager
Atteberry replied the issue will be explored and discussed further. He commended Thomas on her
professionalism and commended Migchelbrink on her work for the City.
Poudre River Library District Annual Report
Holly Carroll, Poudre River Public Library District Executive Director, provided abrief presentation
regarding the Library District's annual report. She discussed the remodel of the main library and
stated the grand reopening is June 17, 2012. She stated the Harmony Library remodel was funded
by Front Range Community College. The new Administrative Center has moved to 301 East Olive.
Carroll announced that 76% of the area residents have active library cards.
Mike Liggett, Poudre River Public Library District Board of Trustees President, cited the many
varied programs making the Library District so valuable to the community.
Ms. Carroll discussed the additions and deletions from the Library collection.
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Councilmember Manvel commended the Library District and its services. He asked if the decrease
in the main library collection will be permanent or if the collection will gradually increase.
Mayor Pro Tern Ohlson expressed concern about the collection decrease and asked what physically
happened to the books that were removed. Mr. Liggett replied there were some troubling cuts to the
collection. The majority of books go to the Friends of the Library sale; those unable to be sold are
recycled. Ms. Carroll stated the Library District has a contract with an agency that picks up the
books for recycling.
Mayor Pro Tern Ohlson commended Ms. Carroll and Mr. Liggett's work with the Library District
Councilmember Reports
Councilmember Manvel reported on the joint Fort Collins/Loveland/Larimer County regional
quarterly meeting he attended along with Mayor Weitkunat and Councilmember Horak. He stated
the Regional Crime Lab, a regional transit study, and the Larimer County Humane Society were
discussed.
Mayor Weitkunat discussed the regional meeting and appreciated the fact that representatives from
Berthoud were also at the meeting.
Councilmember Horak provided an update regarding the Platte River Power Authority and reported
on the hiring process for a new General Manager. He discussed the planned rate increases for the
upcoming years.
Mayor Weitkunat reported on the Human Relations Commission and Women's Commission awards.
She announced the receipt of the Larimer County Bar Association's 2012 Professionalism Award
by City Attorney Steve Roy.
City Attorney Steve Roy thanked the Mayor for the recognition and commended his fellow
employees at the Attorney's Office.
Resolution 2012-032
Recognizing the Veterans Plaza Time Capsule and Directing a Future
City Council to Open the Time Capsule on Veterans Day 2111 Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMJL4RY
A time capsule containing donated items was buried at Veterans Plaza in Spring Canyon Community
Park in 2011. This Resolution formalizes its burial and requests that it be opened 100 years from
now by a future City Council on Veterans Day 2111 with the media and community present.
BACKGROUND /DISCUSSION
The Veterans Plaza at Spring Canyon Community Park contains soilfrom over 100 battlefields, U.S.
Military Cemeteries, and other installations worldwide —places like Omaha Beach and Afghanistan.
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The Veterans Plaza is a unique, public venue that honors and pays tribute to all military men and
women with ties to Northern Colorado. The plaza features:
• Paved walkingpaths, native rock, shade trees, and an amphitheater with performance stage.
• Flags representing America, Colorado, and our country's military prisoners of war, and
members killed in action or missing in,action..
• A bronze statue of a soldier holding a young boy on his shoulder, showing him the promise
of the future.
• A "Victory Garden".
• Stone walls embedded with large LCD monitors, which scroll the names of veterans and
allow visitors to search for information on specific veterans.
On Veterans Day 2011, a time capsule was placed at Veterans Plaza. The capsule contains donated
items that represent the Fort Collins community and veterans in general, and is buried at on the
north side of the pedestal on which the statue stands. The genesis of this idea stems from former Fort
Collins City Councilmember Diggs Brown who wanted to commemorate the veterans who have
served the United States. This Resolution asks that a future Fort Collins City Council open the time
capsule 100 years from now on Veterans Day 2111 with the media and community present as they
were in 2011. "
Josh Jones, City Manager Graduate Management Intern, discussed the history of the time capsule
and Veteran's Plaza and stated the Resolution directs a future Fort Collins City Council to open the
time capsule on Veterans Day, 2111.
Ray Martinez, 4121 Stoneridge Court, Veteran's Plaza Committee, thanked Council for following
through with the Veterans Plaza project and recognized the importance of the time capsule.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Troxell, to adopt Resolution
2012-032.
Councilmember Troxell commended the project and recognized former Councilmember Diggs
Brown's inception of the idea.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 034, 2012, '
Amending Section 26-464 of the City Code to Establish a Medical
Assistance Program for Electric Customers, Adopted on Second Reading
The following is staff s memorandum for this item.
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May 1, 2012
"EXECUTIVE SUM3MRY
The Medical Assistance Program is apilotprogram which is aimed atprovidingfinancial assistance
for customers who are in the tiered residential electric rate class and who have electrical durable
medical equipment in their household. Theprogram is focused on providinga discount to qualifying
customers by reducing the cost associated with the electrical needs of durable medical equipment.
The program also provides a discount for those eligible customers with qualifying medical
conditions who use air conditioning during the summer billing months. The pilot program will
include an .income limitation of 60% of the Area Median Income. The amount of the discount is
consistent with 150 kWh per month of electric energy usage to those customers with durable medical
equipment and consistent with an additional 350 kWh per month of electric energy usage for those
with qualifying medical conditions who use air conditioning during the summer billing months.
Staff will prepare a report for the City Council on the first year of the pilot program before.June
2013.
This Ordinance was adopted on First Reading by vote of 5-1(Nays: Troxell; Kottwitz absent). On
Second Reading, the Ordinance has been amended in the following ways:
One of the recital clauses has been amended to reference increased wholesale energy costs
as the basis for the assistance program and another recital clause is deleted.
The Code language has been re -worded and reformatted to actually establish the discounted
rates, rather than simply stating the maximum amounts of the discounts, and to clarify that
the discounts may apply either to electrical durable medical equipment or air conditioning,
or both, depending upon which is medically necessaryfor that particular customer. "
Lance Smith, Utilities Strategic Financial Planning Manager, discussed the pilot program details.
Changes made since First Reading include a note that increased wholesale energy costs are part of
the basis for the program; the discount is rate based and is pro -rated based on usage; and a statement
that the discount is consistent with expected usage for durable medical equipment of 150 kilowatt
hours per month and air conditioning of 350 kilowatt hours per month.
Lori Clements, Customer Support Manager, stated customers who have specifically inquired about
this program will continue to be contacted as well as other organizations serving affected
populations.
Eric Sutherland, 3520 Golden Currant, opposed the details of the program and stated it invites abuse
and is not what was requested.
Holly (no last name given), Highlands Ranch resident, spoke representing Colorado Citizens Smart
Meter Awareness, asked how this program will function once the AMI system is installed.
Brian Janonis, Utilities Executive Director, stated a new evaluation of rate structures, including
possibly time of use rates, will be considered once the AMI system is installed at the end of 2013.
Councilmember Troxell asked how this program will be applied should time of use rates be
implemented. Janonis replied this program would need to be modified as it involves a specific rate
schedule. This pilot program will be evaluated before June 2013.
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May 1, 2012
Councilmember Manvel noted the pilot program will provide a great deal of insight into the number
of users and the effectiveness of the program.
Mayor Pro Tern Ohlson asked if a combination of total consumption and time of use rates could be
an option. Janonis replied tiered time of use rates do exist and staff will provide several options for
Council to consider after the implementation of the AMI program.
Mayor Weitkunat discussed a memo from the Women's Commission which questioned the income
limitation of 60% of the average area median income and suggested tapering off assistance rather
than stopping at a set point. The Commission also asked if the self-sufficiency standard for Larimer
County was considered.
Smith stated the income threshold was determined based on what has been used for housing and
utility assistance, which are typically about 150% of the federal poverty level. The 60% of the area
median income represents 185% of the federal poverty level. He stated he is unfamiliar with the
self-sufficiency scale but noted there is a financial appeal that can be made to participate in the
program.
Janonis stated a payment assistance program also exists for hardship cases. Clements noted the
program is funded by other customers who donate money to aid customers who are in danger of
having power turned off. Additionally, the City works with public assistance organizations to help
people in need.
Mayor Weitkunat asked that staff address the Women's Commission's concern relating to assistance
for those in the second and third tiers. Smith replied the assistance could have been staggered over
more than one tier, but ultimately the assistance is going to be reached by more customers if it is in
the first tier rather than the second or third tiers. The air conditioning assistance does span the first
and second tiers.
Councilmember Manvel noted a gradual tapering of assistance could be preferable; however, the
simplicity and practicality of the 60% figure is more reasonable.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 034, 2012, on Second Reading.
Councilmember Manvel stated 80% of utility bills will be lower under tiered rates and this
Ordinance shows sensitivity to address the higher rates for populations in need, which would have
occurred with or without tiered rates.
Councilmember Troxell stated he would not support the motion as the program was developed
without a need and he suggested the tiered rates are going to present a problem in the summer.
Councilmember Manvel noted this debate is not about tiered rates but is about a medical assistance
program. There is a utility expense challenge in this community and individuals with medical
necessity deserve this assistance. He urged Councilmember Troxell to support the motion.
Councilmember Troxell noted the payment assistance program was never explored as an option to
aid in payments for those with medical equipment needs.
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May 1, 2012
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak.
Nays: Troxell.
THE MOTION CARRIED.
Ordinance No. 033, 2012,
Amending Chapter 26 of the City Code to Allow for
On -Bill Utilitv Financing, Adopted on Second Reading
The following is staffs memorandum for this •item" �, y.i
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"EXECUTIVE SUMAfARY
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This Ordinance, unanimously adopted on, YFirst. Reading,6n April 17, 2012, revises language in
Chapter 26 of the City Code to enable Utilitt es,to; provide f nancing and on -bill servicing of loans
for energy efficiency, water efficiency and renewable energyprojects. Utilities isproposing to pilot
a newprogram elementfor 2012, providing on -bill financingfor residential customers participating
in the Home Efficiency Program, the Solar Rebate Program and for customers who need to repair
or replace a water supply line. The primary goal of the on -bill financing pilot is to facilitate more
efficiency upgrades in the residential sector. These upgrades reduce our need for future energy
resources, reduce our environmental footprint, promote local economic health by investing in our
built environment and improve the health, comfort and safety of our homes. "
Eric Sutherland, 3520 Golden Currant, stated the money spent by the City on energy efficiency
programs is being misspent and he opposed the program.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 033, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tern Ohlson asked about a photo sent to Council by Gary Wockner showing new fencing
along the Poudre River. He requested information regarding what is allowed by easements and the
ways in which impacts are minimized for those holding easements. City Manager Atteberry replied
he would return with additional information.
Councilmember Horak discussed a packet of information he received which referenced housing
impacts around the CSU campus. He stated those individuals have suggested a moratorium or
examination of the Code regarding density. He suggested Council examine the density issues in the
near future and requested a staff response to the materials submitted.
Councilmember Horak received support from multiple Councilmembers and City Manager
Atteberry stated he would provide a response to Council.
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The meeting adjourned at 8:10 p.m.
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Interim City Clerk
Adjournment
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