HomeMy WebLinkAboutMINUTES-12/20/2011-RegularDecember 20, 2011
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 20,
2011, 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, Kottwitz, Manvel, Ohlson, Poppaw,
Troxell and Weikunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Agenda Review
City Manager Atteberry withdrew Item No. 20, Resolution 2011-112 Adopting an Updated Policy
for the Review and Approval of Easements on City Natural Areas and Conserved Lands, to January
3, 2012 and recommended consideration of Item No. '30, Resolution 2011-115, Relating to
Assistance for Persons Displaced from Affordable Housing in the Fort Collins Area, immediately
following Item No. 27, Second Reading ofOrdinance No. 167, 2011, Amending Chapter23, Articles
IX and X of the City Code to Update Language Related to the Use of Motorized Devices on City
Trails by People with Disabilities.
Councilmember Manvel withdrew Item No. 22, Resolution 2011-114 Making Appointments to
Various Boards, Commissions, and Authorities of the City of Fort Collins, from the Consent
Calendar.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 6, Postponement of Second Reading of
Ordinance No. 131, 2011, Amending the Appeals Procedure Contained in Chapter 2, Article II,
Division 3 of the City Code Relating to the Procedures for Hearing Appeals to the City Council to
February 21, 2012, from the Consent Calendar
Citizen Participation
Vivian Armendariz, 820 Merganser Drive, opposed the late night Transfort Safe Ride Home
program.
Liz Pruessner, 712 Ponderosa Drive, Natural Resources Advisory Board chairperson, discussed the
Board's Poudre River Initiative and requested that the City develop an action plan for future
generations.
Rich Crisler, Occupy Northern Colorado, opposed the fees charged by the Open Door Mission.
Joe Piesman, 210 East Elizabeth, Natural Resources AdvisoryBoard member, discussed the Board's
Poudre River Initiative.
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December 20, 2011
Citizen Participation Follow-up
Mayor Weitkunat acknowledged receipt of the Natural Resources Advisory Board Poudre River
Initiative and recommendations.
Councilmember Poppaw asked staff to address Ms. Armendariz' concerns regarding prioritizing the
Safe Ride Home bus service over additional disabled bus services. City Manager Atteberry replied
the Safe Ride Home program was a joint proposal between Police Services, ASCSU, and Transfort,
and was approved by Council at the last regular meeting. He stated he would participate in a
discussion with Ms. Armendariz regarding her desires for additional disabled bus service.
Councilmember Poppaw asked staff to address the fact that Chase Eckert from ASCSU participated
in the staffpresentation of the Safe Ride Home item. City Manager Atteberry replied the Leadership
Planning Team discussed the issue and has made a process change to ensure all individuals at the
staff table are expected. In terms of Mr. Eckert, he was present as a partner regarding the item.
Councilmember Poppaw stated the presence of lobbyists at the staff table is inappropriate.
Councilmember Poppaw requested follow up regarding the Open Door Mission accusations. City
Manager Atteberry replied the City does not provide funding for the Mission and stated he would
confer with City Attorney Roy regarding the City's role.
Councilmember Manvel asked if the Open Door Mission is paying appropriate lodging taxes and
submitting to appropriate inspections. He stated the Safe Ride Home program will aid in solving
a public issue for all citizens.
Councilmember Troxell noted the Safe Ride Home buses will be available for all citizens and
defended the CSU student population as valuable community members.
Councilmember Horak noted the Safe Ride Home program is funded jointly by Police Services and
ASCSU and is a beneficial partnership. He stated he read the Natural Resources Advisory Board
Initiative and noted the issue is part of Council's plan.
CONSENT CALENDAR
6. Postponement of Second Reading of Ordinance No. 131, 2011, Amendingthe he Appeals
Procedure Contained in Chapter 2, Article II, Division 3 of the City Code Relatingto o the
Procedures for Hearing Appeals to the City Council to February 21, 2012.
At its meeting of October 4, 2011, City Council considered Ordinance No. 131, 2011,
Amending the Appeals Procedure. It was adopted on First Reading, but Council asked that
staff conduct some outreach on the proposed changes, and Second Reading was scheduled
for December 20.
A public meeting was held on November 30, and approximately fourteen people attended.
Several concerns about the appeals process were raised that are not addressed by the
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December 20, 2011
proposed changes, and there was considerable discussion of the impact of the proposed
amendments.
Staff would like to request that Second Reading of this Ordinance be postponed until
February 21, 2012. This will permit further discussion of the issues raised at the meeting,
and refinement of the proposed amendments to address concerns.
7. Second Readine of Ordinance No. 168. 2011. Ammromriatine Unanticinated Revenue in the
This Ordinance, unanimously adopted on First Reading on December 6, 2011, appropriates
unanticipated revenue of $163,068 from the Discovery Science Center ($160,625) and
LaFarge ($2,443) for the Museum Exhibit Capital Project. '
8. Items Relating to Bobcat Ridge Natural Area.
A. Second Reading of Ordinance No. 169,2011, Authorizing the City Manager to Enter
into a Grant Contract with History Colorado, the Colorado Historical:Society for
Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area.
B. Second Reading of Ordinance No..170, 2011, Appropriating Unanticipated Revenue
in the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat
Ridge Natural Area.
The State of Colorado awarded the City a grant of $93,392 from the State Historical Fund
to fund 75% of the estimated cost of $124,523 to restore two historic structures at Bobcat
Ridge Natural Area: the 1888 pioneer barn and log chicken house. Ordinance No. 169,
2011, authorizes the City Manager to enter into a contract with History Colorado. The
contract requires a twenty-year covenant on the property surrounding the barn and chicken
shed, which states that the City will agree to maintain the buildings, once restored, for
twenty years and will not alter anything on the property without express written permission
of History Colorado.
The City also received a $24,000 grant from the Pulliam Charitable Trust to provide most
of the 25% in funds necessary to match the funds received from the State. Natural Areas
Program funds will be used to fund the remaining $7,131 necessaryto fully fund the prof ect.
Ordinance No. 170, 2011, authorizes the appropriation of the grant funds. Both Ordinances
were unanimously adopted on First Reading on December 6, 201 L
9. Items Relating to the Seckner Brothers Building, 216, Linden Street.
A. Second Reading of Ordinance No. 171, 2011, Appropriating Unanticipated Grant
Revenue in the General Fund for the Exterior Rehabilitation of the Seckner Brothers
Building at 216 Linden Street.
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B. Resolution 2011-109 Authorizing the City Manager to Enter Into an
Intergovernmental Agreement with the State of Colorado for the Use and Benefit of
the Colorado Historical Society for the Administration of the Exterior Rehabilitation
of the Seckner Brothers Building Located at 216 Linden Street.
This Ordinance, unanimously adopted on First Reading on December 6, 2011, appropriates
unanticipated revenue in the amount of $73,890 for the exterior facade rehabilitation of the
Seckner Brothers Building, 216 Linden Street. The City was awarded a State Historical
Fund grant in the amount of $35,000. Matching funds totaling $36,890 are provided by the
Downtown Development Authority ($25,890), a City -funded Zero -Interest Loan ($6,100)
and the remainder by the building's owners, Irwin and Judith Winterowd.
In order to accept the grant and proceed with the project, the City must enter into an
intergovernmental agreement (IGA) with the Colorado Historical Society agreeing to
administer the grant. The City of Fort Collins will only be responsible for -administering the
grant which will be carried out by Community Development and Neighborhood Services
staff. Staff time allocated to administration will. be reimbursed by the grant. The Resolution
authorizes the City Manager to execute the IGA.
10. Second Reading of Ordinance No. 172, 2011, Adopting the 2012 Classified Employees"Pay
Plan.
Ordinance No. 172, 2011, unanimously adopted on First Reading on December 6, 2011,
adopts the 2012 classified employees' pay plan. The 2012 Pay Plan establishes a structure
for employee compensation. It is the framework that sets the minimum and maximum pay
for City positions. The methodology used by the City is based on compensation best
practices. The 2012 Pay Plan uses average actual salary data collected from public and
private sector markets for benchmark positions to determine pay range midpoints within
occupational groups. Ranges for non -benchmark jobs are established using a point factor
system that is calibrated against the benchmark jobs.
11. Second Reading of Ordinance No. 173, 2011, Amending the City Code Concerning the
Issuance of Special Event Permits by the Local Licensing Authority.
Legislators adopted Senate Bill 11-066, which authorizes a local liquor licensing authority
to issue special event permits to qualifying organizations and political candidates without
sending the application to the state authority for approval. This Ordinance, unanimously
adopted on First Reading on December 6, 2011, authorizes, the local licensing authority to
approve special event permit applications locally without obtaining state approval as allowed
under Senate Bill 11-066. Additionally, there is a proposed increase of $25 in the local
application fee to help defray some of the costs associated with the local application process,
which generally exceed the proposed fee of $50 per day of permitted event.
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12. Second Reading of Ordinance No. 174, 2011, Amending Chapter 26 of the City Code to
Adopt and Provide for Technical Revision of the Fort Collins Stormwater Criteria Manual.
The Stormwater Repurposing effort was initiated at a City Council work session in October
2008. The intent of this effort was to review the City's stormwater program in its entirety,
and explore new or reformed methods of water quality and quantity management in each of
the City's stormwater basins. The program review was broken down into 14 categories, with
one specifically identifying the need to update the Stormwater Criteria Manual. This
Ordinance, unanimously adopted on First Reading on December 6, 2011, adopts the Urban
Drainage and Flood Control District (UDFCD) Criteria Manual and will set the standard for
the City of Fort Collins. Exception language that identifies key aspects specific to the City
will be adopted into the City Code concurrently with this action.
13. Second Reading of Ordinance No. 175, 201 L-Designating the Bartlett/Goeke House and
Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Cijy Code.
This Ordinance, unanimously adopted on First Reading on December 6, 2011, designates
the Bartlett/Goeke House and Attached Garage, 160 Yale Avenue, as a Fort Collins
Landmark. The owner of the property, Judith Goeke, is initiating this request.
14. Second Reading of Ordinance No. 176, 2011, Designating the Chestnut/ Wombacher
Residence, Attached Three -Car Garage, and Historic Freestanding Fireplace, 331 South
Shields Street/1200 West Magnolia Street, as Fort Collins Landmarks Pursuant to Chapter
14 of the City Code.
This Ordinance, unanimously adopted on First Reading on December 6, 2011, designates
the Chestnut/ Wombacher Residence, Attached Three -Car Garage, and Historic Freestanding
Fireplace, located at 331 South Shields Street/1200 West Magnolia Street as a Fort Collins
Landmark. The owner of the property, Margaret Wombacher, is initiating this request.
15. Second Reading of Ordinance No. 177, 2011. Designating the Lewis and Mae Tilev/Joanne
F. Gallagher Residence and Attached Garage, 2500 South College Avenue, as a Fort Collins
Landmark Pursuant to Chapter 14 of the City Code.
Ordinance No. 177, 2011, unanimously adopted on First Reading on December 6, 2011,
designates the Lewis and Mae Tiley/Joanne F. Gallagher Residence and Attached Garage,
located at 2500 South College Avenue, as a Fort Collins Landmark. The owner of the
property, Joanne Gallagher, is initiating this request.
16. Second Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding
Digital Signs and Pole Signs.
This Ordinance, unanimously adopted on First Reading on December 6, 2011, amends the
Land Use Code regulations for digital signs and freestanding pole signs. With respect to
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digital signs, the recommended Code changes address such things as brightness, color,
design, and location. Additional design criteria to enhance the appearance of pole signs are
also proposed. Three proposed standards contained in the Ordinance have been amended
for Second Reading based on questions or concerns expressed during the First Reading
hearing on this matter. One additional change is included on Second Reading to allow for
flexibility in determining the compliance period for signs made nonconforming by future
sign code amendments.
17. Second Reading of Ordinance No. 179, 2011, Appropriating Prior Year Reserves in the
General Fund for Transfer to the Transit Services Fund and Appropriating Unanticipated
Revenue in the Transit Services Fund for the Safe Ride Home Weekend Bus Service.
Fort Collins Police Services (FCPS) has had recent discussions with the Associated Students
of Colorado State University (ASCSU) about creating an additional transportation option for
people leaving the downtown area on weekend nights. In this partnership Police Services
hopes to accomplish important goals of reducing the number of people and the associated
problems in the downtown area and increasing traffic safety by giving people an additional
option for leaving downtown safely and decreasing the number of drivers who have been
drinking during this timeframe. The available transportation is unable to meet the demand
for transportation during this timeframe: ASCSU has an interest in providing this service
for students and is willing to invest funds from student fees to address this need. By
combining available funding, these parties are able to provide this service to all members of
our community for a modest fare. The proposal is to enter into a one year contract between
ASCSU and Transfort to provide two fixed bus routes on Friday and Saturday nights, every
weekend during the term of the Agreement, from 11:30 PM to 2:30 AM. An ongoing
assessment will be conducted to determine the effectiveness of this project, any potential
improvements, and explore opportunities for long-term funding. This Ordinance,
unanimously adopted on First Reading on December 6, 2011, appropriates the funds for the
operation of a late night bus service.
18. Resolution 2011-110 Approving a Collective Bargaining Agreement with the Fraternal
Order of Police.
The City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP),
using an interest based bargaining approach, engaged in negotiations regarding the terms
and conditions of a possible bargaining agreement for 2012 and 2013. City staff and the
FOP have tentatively reached an agreement. On November 30, 2011, bargaining unit
members voted to ratify the proposed agreement.
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19. Resolution 2011-111 Authorizing the Filing of Application with the Federal Transit
Administration, an Operating Administration of the United States Department of
Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53,
Title 23 United States Code and Other Federal Statutes Administered by the Federal Transit
Administration.
The City of Fort Collins receives approximately $2.7million annually (five year average) in
federal assistance from the Federal Transit Administration (FTA) for mass transportation
projects. One requirement to receive this federal assistance is that the City retains on file
with the FTA, an Authorizing Resolution from City Council that authorizes the City
Manager or his/her designee on behalf of the City of Fort Collins to:
(a) execute and file application for federal assistance with the FTA
(b) execute federal assistance awards (grants) and cooperative agreements with the FTA
(c) execute and file the annual certifications and assurances and other documents that
are required by the FTA before federal assistance is awarded.
The FTA has requested that the City of Fort Collins update the current Authorizing
Resolution it has on file for the City, dated November 1990.
21. Resolution 2011-113 Authorizing an Intergovernmental Agreement with the Colorado State
Board of Land Commissioners and Larimer County Regarding the Enemy by Design
Planning Process.
Soapstone Prairie Natural Area (Soapstone) and Meadow Springs Ranch (MSR) are owned
by the City of Fort Collins Natural Areas Program and Fort Collins Utilities, respectively.
Soapstone and MSR are considered split estate properties as the City owns the surface estate
and the mineral estate (including oil and gas) is owned by other parties. The State of
Colorado owns approximately 12,400 acres of mineral rights underlying the properties:
3,500 underlying Soapstone and 8,900 underlying MSR.
The Colorado State Board of Land Commissioners (SLB) has contracted with The Nature
Conservancy (TNC) to conduct an Energy by Design (EbD) planning process on Soapstone
and MSR. The goal of the EbD process is to develop a plan that conserves key natural,
recreational, landscape view, agricultural, and cultural resource values while providing
reasonable access to the SLB's and others' mineral estate. This plan also includes strategies
to avoid, minimize, and mitigate surface impacts to key resources. Subject to Council
review and approval of the proposed MOU, the City will be a partner in the planning
process. The Memorandum of Understanding outlines the responsibilities of each party for
the Energy by Design planning process.
22. Resolution 2011-114 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 ofboard members and the expiration of terms of current members. Applications
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December 20, 2011
were solicited during September and Council teams interviewed applicants during October,
November, and December. This Resolution appoints boardmembers to fill current vacancies
and term expirations.
***END CONSENT`**
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 168, 2011, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project.
8. Items Relating to Bobcat Ridge Natural Area.
A. Second Reading of Ordinance No. 169, 2011, Authorizing the City Manager to Enter
into a Grant Contract with History Colorado, the Colorado Historical Society for
Funds to Restore Two Historic Structures at Bobcat Ridge Natural Area.
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B. Second Reading of Ordinance No.170, 2011, Appropriating Unanticipated Revenue
in the Natural Areas Fund Project to Restore Two Historic Structures at Bobcat
Ridge Natural Area.
9. Second Reading of Ordinance No. 171, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for the Exterior Rehabilitation of the Seckner Brothers Building at 216
Linden Street.
10. Second Reading of Ordinance No.172, 2011, Adopting the 2012 Classified Employees' Pay
Plan.
11. Second Reading of Ordinance No. 173, 2011, Amending the City Code Concerning the
Issuance of Special Event Permits by the Local Licensing Authority.
12. Second Reading of Ordinance No. 174, 2011, Amending Chapter 26 of the City Code to
Adopt and Provide for Technical Revision of the Fort Collins Stormwater Criteria Manual.
13, Second Reading of Ordinance No. 175, 2011, Designating the Bartlett/Goeke House and
Attached Garage, 160 Yale Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
14. Second Reading of Ordinance No. 176, 2011, Designating the Chestnut/ Wombacher
Residence, Attached Three -Car Garage, and Historic Freestanding Fireplace, 331 South
Shields Street/1200 West Magnolia Street, as Fort Collins Landmarks Pursuant to Chapter
14 of the City Code.
15. Second Reading of Ordinance No. 177, 2011, Designating the Lewis and Mae Tiley/Joanne
F. Gallagher Residence and Attached Garage, 2500 South College Avenue, as a Fort Collins
Landmark Pursuant to Chapter 14 of the City Code.
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December 20, 2011
16. Second Reading of Ordinance No. 178, 2011, Amending the Land Use Code Regarding
Digital Signs and Pole Signs.
17. Second Reading of Ordinance No. 179, 2011, Appropriating Prior Year Reserves in the
General Fund for Transfer to the Transit Services Fund and Appropriating Unanticipated
Revenue in the Transit Services Fund for the Safe Ride Home Weekend Bus Service.
27. Second Reading of Ordinance No. 167, 2011, Amending Chapter 23, Articles IX and X of
the City Code to Update Language'Related to the Use of Motorized Devices on City Trails
by People with Disabilities.
Ordinances on First Reading were read by title by City Clerk Krajicek.
28. First Reading of Ordinance No. 182, 2011, Amending Section 15-483 of the City Code So
as to Eliminate the Eight -ounce Limitation on the Amount of Medical Marijuana That Can
Be Distributed by Licensees to Other Licensed Medical Marijuana Centers.
29. First Reading of Ordinance No. 183, 2011, Authorizing the Lease of City -owned Property
at 430 North College Avenue and 100 Willow Street to the Colorado State University
Research Foundation.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
City Manager Atteberry stated the City will follow up as appropriate and with diligence regarding
the Open Door Mission allegations.
Glenn Good, Catholic Charities Regional Director, thanked the City for providing warehouse space
for assembly and storage of holiday food and gift baskets. The temporary overflow shelter at the
Knights of Columbus facility has proven to be needed and well used.
Councilmember Poppaw asked about the necessity of individuals to pass a breathalyzer test prior
to being allowed to stay at the shelter. Mr. Good replied individuals are turned away if they do not
pass a breathalyzer but are offered the opportunity to be taken to the detoxification center in
Greeley.
Councilmember Reports
Councilmember Poppaw discussedathe Front Range Recruit graduation for Poudre Fire Authority
graduates.
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Councilmember Manvel discussed the Urban Renewal. Authority and City financial reports
presented at the Finance Committee meeting. He stated the Air Quality Advisory Board heard a
presentation regarding the Master Home Environmentalist Program within the City.
Mayor Weitkunat discussed the Colorado Municipal League Executive Board meeting and the
beginning of the State legislative season.
Resolution 2011-114
Making Appointments to Various Boards, Commissions,
and Authorities of the City of Fort Collins, Adopted as amended
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
Vacancies currently exist on various boards, commissions, and authorities due to resignations of
board members and the expiration of terms ofcurrent members. Applications were solicited during
September and Council teams interviewed applicants during October, November, and December.
This Resolution appoints boardmembers to fill current vacancies and term expirations.
BA C KGR O UNDIDIS C USSION
Section 1 of this Resolution makes 12 appointments to 9 boards and commissions to fill current
vacancies with terms 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 52 appointments to 22 boards and commissions to fill expired
terms to begin on January 1, 2012. Names of those individuals recommended to fill expired terms
have been inserted in the Resolution with the expiration date following the names. -
PUBLIC OUTREACH
Vacancies were advertised in the Coloradoan and the City News (utility bill insert) and flyers were
posted at various City buildings. Vacancies were also posted on fcgov.com, fortcollins.com and in
the City's Neighborhood News Newsletter. Flyers were also mailed to various diverse population
groups/organizations, service organization, major employers, board and commission members,
Active Applicants (applicants on file during 2011) and term limit boardmembers. 122 applications
were submitted to fill 53 vacancies. "
Councilmember Manvel discussed the appointment procedure and asked about the reason for not
reappointing the sitting co-chair of the Land Conservation and Stewardship Board. Councilmember
Kottwitz replied there were several qualified candidates and the decision to appoint a particular
candidate over the sitting member was not political.
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Councilmember Troxell agreed with Councilmember Kottwitz and stated the appointment was made
while looking at the overall balance of the Board.
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Councilmember Manvel stated the City's common practice has been to reappoint sitting members.
Mayor Pro Tem. Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2011-114.
Councilmember Manvel requested a friendly amendment to change the appointment to Linda
Knowlton. The amendment was accepted by Mayor Pro Tern Ohlson and Councilmember Poppaw.
Councilmember Poppaw suggested Ed Reifsnyder be placed on the Board with the next open slot.
Councilmember Manvel agreed with Councilmember Poppaw.
Mayor Pro Tem Ohlson commended Ms. Knowlton on her work on the Board and stated he would
support her reappointment.
Councilmember Troxell suggested interviewers need to be made aware of an office position held
by an incumbent applicant.
The vote on the motion, as amended, was as follows: Yeas: Weitkunat, Kottwiiz, Manvel, Ohlson,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 167; 2011,
Amending Chapter 23, Articles IX and X of the City Code to Update
Language Related to the Use of Motorized Devices on City
Trails by People with Disabilities, Adopted on Second Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
On First Reading, the City Council amended Ordinance No. 167, 2011 to eliminate the provisions
pertaining to implementation of a one year trial period to allow electric assisted bicycles on City
trails. Provisions in the Ordinance to change the City Code to clarify that people with temporary
or permanent mobility disabilities are allowed to operate ebikes and other power driven mobility
devices on trails, and in parks and natural areas, in accordance with City regulations, were
retained. This Ordinance was adopted with these revisions, on FirstReading on November 1 S, 2011
by a vote of 4-2 (Nays: Troxell, Weitkunat).
Changes were made to the Ordinance between First and Second Readings to shorten the title of the
Ordinance, add information about recentADA regulations, and remove a definition that is no longer
needed.
An Optional Version of the Ordinance is also provided on Second Reading that includes Code
revisions to provide for a pilot ebikes program, as originally presented on First Reading. That
version, which also includes shown in bold proposed edits to the title and in "whereas " clauses on
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the first page that improve the explanation of the ADA-related changes, is labeled as "Optional
Version. "
Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, stated this Ordinance
will incorporate into the City Code the necessary changes to comply with the ADA regarding
allowing the use of e-bikes, or other power driven mobility devices, on City trails for individuals
with mobility disabilities.
Ray Martinez, 4121 Stoneridge Court, asked if this Ordinance applies to disabled veterans. Mayor
Pro Tern Ohlson replied in the affirmative.
Eric Sutherland, 3520 Golden Currant, asked how disability is determined and expressed concern
regarding potential speed issues.
Doug Whitman, 311 East Plum, supported allowing all a -bikes on trails.
Linda Knowlton, 3230 Monarch Court, supported the Ordinance as written and opposed allowing
all a -bikes on trails. `
Dottie Spivak, 1914 Lookout Lane, supported the Ordinance as written and opposed allowing all e-
bikes on trails.
Glenn Colton, 625 Hinsdale Drive, opposed allowing a -bikes on trails and supported adoption of the
Ordinance.
Chris VanWoerkam, 8002 Hillsboro Court, supported allowing a -bikes on trails.
Dawn Theis and other Parks and Recreation Boardmembers, supported a one-year trial period
allowing a -bikes on trails.
Rob Kagen, Parks and Recreation Board Vice -Chairperson, stated the Board unanimously supports
a one-year trial period allowing e-bikes on trails.
Shane Miller, 4325 Mill Creek, supported a one-year trial period allowing a -bikes on trails.
Josh Kerson, 2814 West Vine, e-bike designer, thanked Council and staff for work on the item and
supported a one-year trial period allowing a -bikes on trails.
Trudy Haines, Land Conservation and Stewardship Board Chairperson, stated the Board
unanimously opposes the use of e-bikes, on trails.
Councilmember Troxell asked how an e-bike violation would be determined.
Ingrid Decker, Assistant City Attorney, replied regulations would make it unlawful to operate or
park a motorized vehicle or other motorized means of conveyance anywhere in a natural area or
park, other than on established roadways and designated parking areas.
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December 20, 2011
Councilmember Troxell asked if walking an e-bike on a trail would be considered a violation.
Decker replied in the negative.
Councilmember Troxell asked how disallowing a -bikes would affect Fort Collins' reputation as
being bike -friendly. DK Kemp, Bicycle Coordinator, replied in support of the Ordinance.
Councilmember Troxell stated he would like Council to discuss the optional version of the
Ordinance which would allow a one-year trial period allowing a -bikes on trails.
Mayor Pro Tern Ohlson asked about the timeline for the City trial study. Heffernan replied the study
is an action item and has been on staff work plans. The first meeting regarding the study will be
held the following day.
Councilmember Kottwitz asked if respiratory and cardiac illnesses fall under the Americans with
Disabilities Act (ADA). Decker replied the term "mobility disability" does not appear in the ADA.
The Code provision would include any type of disability which would prevent a rider from using
the trails without the means.of electric assistance.
Councilmember Kottwitz asked how that is going to be enforced. Decker replied the City is
obligated to make reasonable accommodations for persons with disabilities and there are limitations
on the number and type of questions which can be asked of a person to determine the nature of his
disability. The Ordinance is written with the intent of enacting the provisions of the ADA.
Councilmember Manvel noted this Ordinance would not change the law to disallow e-bikes, but
rather continue the current ban. He supported a thorough trial study but noted there is overwhelming
public opposition to allowing the a -bikes at this time.
Mayor Weitkunat stated she has received a great deal of public input supporting e-bikes.
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 167, 2011, on Second Reading.
Councilmember Troxell supported a one-year trial allowing a -bikes on trails.
Councilmember Kottwitz expressed concern that many individuals who are opposed to e-bikes maym not necessarily know much about the.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: Troxell.
THE MOTION CARRIED.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
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December 20, 2011
Resolution 2011-115
Relating to Assistance for Persons Displaced from
Affordable Housing in the Fort Collins Area, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
Council appropriated $50, 000 in November 2011 for a relocation assistance program. In light of
recent developments with the Bender Mobile Home Park, staff developed a disbursement plan that,
if approved by Council, will be implemented beginning January 1, 2012.
BACKGROUND /DISCUSSION
Disbursement Plan Overview
Staff is preparing to implement the recently approved budget amendment offer establishing a
program that provides relocation assistance for displaced residents of affordable housing in the
Fort Collins area. In view of recent concerns expressed by the City Council and the Community
regarding the residents of Bender Mobile Home Park, staff has considered that situation in the
course of developing the disbursement program.
Council appropriated $50, 000 in 2012 for a relocation assistance program. Neighbor to Neighbor
is able and willing to administer City relocation assistance funds; however, however, to cover its
client service and administrative costs it will charge 20% fee on the funds provided. This is an
amount allowed by HUD for administration of funds. The fee covers reviewing applications,
determining eligibility, disbursement offunds, all accounting, record keeping, andproviding reports
as requested.
Public Purpose
Providing monetary assistance to displaced low-income residents in the City, and on the fringes of
the City within the City's Growth managementArea promotes the health, safety, and general welfare
ofa population that, without help, is at great risk of becoming homeless and placinggreater burden
on existing human service programs. Providing assistance in extreme cases where other resources
are not available or residents cannot qualify helps to prevent imminent homelessness.
The direct and indirect effects of increased homelessness. in Fort Collins have been considered in
other contexts, including a Council work session earlier this fall. Keeping people in housing and
supporting low-income and affordable housing options supports existing City policies. City Plan
(2011) speaks directly to this issue:
Policy LIV 8.6 — Mitigate Displacement Impacts-- Explore ways to mitigate the impact upon
residents displaced through the closure of manufactured housing parks or conversion of rental
apartments, including single room occupancy units, to condominiums or other uses.
ph to]
December 20, 2011
Proposed Disbursement Plan
Staff recommends a uniform cap not to exceed $2, 000 per household. Applications for assistance
will be processed in the order they are received until all funds have been disbursed. Funds will be
available to low-income residents, defined as being below 50% of the Area Median Income ("I)
for the City of Fort Collins, being displaced by redevelopment on property that is either in the City
or adjacent to the City boundaries and within the Growth Management Area. The disbursement
would be a maximum amount per household, to be used for any of the following purposes:
• moving costs, including costs to move a trailer or move personal belongings
• first month 's rent for new housing
• security deposit for new housing
• temporary storage of belongings
• short-term hotel stays when a lease has been signed for new housing but such housing is not
yet available; and
• in the case of mobile homes, upgrades to mobile homes to enable acceptance at another
park. r
Funds will be paid directly to a service provider or reimbursed upon documentation of valid receipt
and payment. Only insured commercial service providers may receive funds.
The $2, 000 per household cap is consistent with the recent Grape Street relocation and takes into
account typical expenses which would include security deposit, first months rent, moving expenses,
and potential move out expenses.
2012 — Next Steps
In 2012, Advance Planning will monitor and review this relocation assistance program plan. Work
on a Relocation Policy Plan to address displacement of low-income residents is scheduled to begin
in early 2012. Pending approval by City Council of this relocation assistance program, staff will
use data and information from thisprogram to develop and refinepolicy andprogram improvements
in 2012.
Funding for relocation assistance in fiscal years after 2012 will be reviewed as part of the
Budgeting for Outcomes process for 2013-2014.
Application of Program to Bender Park Residents
The Bender Mobile Home Park is located at 912 Wood Street. The property is approximately 17
acres and borders the Poudre River. (See the attached map).
The recent sale of the Bender Mobile Home Park and the state's deadline to vacate due to a failed
septic system increased the urgency and need for a relocation assistance program. State law
requires mobile park residents to be given 6 months notice when the sale of a park will result in a
change in use. These residents were given six months notice and the deadline for vacating the
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December 20, 2011.
mobile home park is April 2, 2012. The state has extended their deadline to vacate or completely
repair the septic system to align with the 6 month change in use notice.
As of November 1, 2011 there were 23 trailers in the park with 17 of those being a primary
residence. Of those 17, approximately 5-7 are able to be moved and accepted by anotherpark. The
remaining trailers cannot be moved and will most likely be abandoned on the property. For those
able to relocate their trailers the average cost is $3, 000 to $5, 000. This includes the disassembling,
transporting, reassembling, and required permitting. Many older trailers could also potentially be
required to install new skirting, siding, and roof upgrades.
For residents to move from the mobile home park into,a rental unit typically requires first and last
month's rent, a cleaning deposit, start up costs and deposits for utilities, and moving personal
belongings. These costs usually range from $ $1,500 to $ 2,500.
In light of the relocation costs and the general intention of the City to assist with a portion of the
displacement and relocation costs, staffsuggests a $2, 000 cap is a meaningful amount that will help
residents budget and offset some of their costs.
Staff is working with local agencies and the developer to assemble assistance for residents.
Neighbor to Neighbor and the Murphy Center are currently assisting residents where they are able
within their existing programs. One household has received first month rent assistance from
Neighbor to Neighbor and at least one other qualifies. Five residents had initial appointments with
a case manager at the Murphy Center but have not returned since the first meeting. The Housing
Authority strongly recommended that all residents complete an application with them although the
wait list for housing is well over a year. Disabled Resource Services also offered their services.
Staff continues to work with the developer in an attempt to leverage and pool funds. To date the
developer has shown a willingness to help individuals as their needs are presented. By helping on.
a one-on-one basis, the developer is able to provide more timely assistance without the paperwork
and documentation required by a City/agency program. Developer assistance to date has included:
• Waived rent on one of two trailers owned by a resident
• Return or non -collection of rent for residents with plans or in process of moving
• Direct funds to help resident move trailer to new park
• To date has provided 20 roll -offs and disposal for residents to dispose of unwanted items
• Has agreed to incur all costs for trailers and items left at time of park closure (estimated
cost to dispose of abandoned trailers is $150042, 000 per trailer.)
As of December 2, 2011 the Northstar Trailer Park had spots for up to four Bender residents. The
Northstar owner and the developer are working together to get these residents moved.
The County was approached and asked to be a partner in assistance but based on current revenue
and funding shortfalls and priorities they will not be offering assistance beyond existing human
services programs.
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December 20, 2011
FINANCIAL /ECONOMIC IMPACTS
Providing relocation assistance in these instances is a long term investment. Helpingpeople remain
in housing prevents future community costs associated with homelessness. If the disbursement plan
is approved by Council, it is likely that a significant portion, if not all funds, will be used by Bender
households in 2012, leaving little or no funding assistance available for additional needs that may
11
arise.
Deputy City Manager Diane Jones stated this Resolution is related to a $50,000 appropriation to
assist residents displaced from affordable housing due to development projects. The
recommendation is that the Neighbor to Neighbor agency conduct the administration of the
relocation assistance program. The recommendation is for a uniform cap on assistance not to exceed
$2,000 per low-income household for residents within or adjacent to City limits who have been
displaced by redevelopment. Approved expenses will be reimbursed based on documentation or
paid directly to vendors as necessary.
Ginny Sawyer, Neighborhood Administrator, stated.this policy has been accelerated based on the
assistance needed at the Bender Mobile Home Park.
Shane Miller, 4325 Mill Creek, suggested some allocation to aid in offsetting possible rent and
utility increases and transportation costs.
Cheryl Distaso, 135 South Sunset, Fort Collins Community Action Network, supported the
Resolution.
Debra Goodson, former resident of the Bender Mobile Home Park, stated the developer, Gino
Campana, should bear a greater responsibility for relocation costs. She thanked the City for
consideration of assistance funds.
Marie Engle, former resident of the Bender Mobile Home Park, stated she is currently homeless and
is a disabled veteran. She thanked the City for consideration of assistance funds and requested
additional aid.
Zach Heath, 2957 Telluride Court, supported the Resolution.
Wiley McCallum, Bender Mobile Home Park resident, supported the Resolution but noted the funds
are inadequate to support moving expenses.
David Bell, Fort Collins resident, supported making the assistance provisions more flexible.
John Anderson, Fort Collins resident, supported the Resolution and flexible provisions.
Bridgette Schmidt, 932 Inverness, supported the Resolution and encouraged sustainable programs
to continue into the future.
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December 20, 2011
Eric Sutherland, 3520 Golden Currant, supported the Resolution and encouraged reform to the tax
structure to improve this type of situation.
Tom Tucker, 3019 Stanford, expressed concern about the program being too broad and supported
administration by City staff rather than Neighbor to Neighbor.
Jerry Gerber, 945 Maple Street, supported the Resolution.
Councilmember Troxell asked about a City Charter provision which appears to conflict with this
appropriation. Deputy City Manager Jones replied the Statement of Public Purpose addresses the
view that it is a legitimate expenditure of the funds in regard to addressing the City's affordable
housing policies and reducing the risk of residents becoming homeless and requiring additional
public service funds. City Attorney Roy replied staff has structured the program in a way that the
City is in a position to make a good faith argument that it does not violate the Charter provisions.
Councilmember Troxell asked if the City had reached out to faith -based organizations for donations
specific to the Bender.Mobile Home Park residents. Sawyer replied no solicitation of funds from
the private sector was completed as the short time frame has required staff time be spent on the aid
program.
Councilmember Troxell asked what analysis has been completed regarding the needs of the Bender
Mobile Home Park residents. Sawyer replied a meeting was held with all residents and appropriate
agencies which resulted in certain gaps in funding. City Manager Atteberry replied he would reach
out to the faith -based community on behalf of the City.
Councilmember Poppaw stated the Interfaith Council has reached out in a tremendous way to the
community's homeless. She stated Mr. Campana should contribute an equal amount of assistance.
Mayor Weitkunat asked about any fee which may be charged by Neighbor to Neighbor for
administering the program. Sawyer replied the agency was selected as it has the ability to accurately
make the disbursements. HUD allows up to a 20% administration fee which will cover staff time.
Councilmember Horak asked if there are other areas in town which may be immediately affected
by this program. Deputy City Manager Jones replied that could be added to Conceptual Review of
proj ect.
Councilmember Manvel asked about the flexibility of the provisions. Deputy City Manager Jones
replied the goal is to ensure the reimbursable costs directly relate to relocation and these include
many of the items mentioned by the speakers.
Councilmember Horak asked for a report regarding what assistance has been provided by Mr.
Campana. Sawyer replied Mr. Campana has expressed interest in aiding individuals as needs arise.
Rent has been waived in some instances and any abandoned mobile homes or other structures will
be disposed of at his expense.
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December 20, 2011
Councilmember Manvel made a motion, seconded by Councilmember Horak to adopt Resolution
2011-115.
Councilmember Manvel noted this situation is likely to occur again in the future and therefore, it
is clear a public purpose is necessary. The public purpose in this instance is clear.
Councilmember Poppaw stated this will help the community prevent homelessness, which should
be a goal. She questioned the lack of support from County Commissioners and suggested the
dwindling number of affordable housing units in the community will need to be addressed in the
near future.
Councilmember Horak offered a friendly amendment to ensure the fee charged by Neighbor to
Neighbor not exceed 20%. Councilmember Manvel accepted the amendment.
Councilmember Kottwitz expressed concern approving this Resolution would be a reactionary
decision based on emotions.
appMpriate policies.
f
Councilmember Troxell stated individual citizens have a responsibility to address this issue;
however, the government does not.
Councilmember Horak stated an overall societal responsibility exists when eliminating affordable
housing. He supported addressing the issue in a more holistic fashion during the next budget cycle
to ensure the public services are not unduly burdened.
Mayor Pro Tern Ohlson stated this issue requires a policy which includes private sector
responsibilities. He expressed disappointment with the County Commissioners' decisions.
Mayor Weitkunat stated difficultly has arisen with regard to the fact this property does not lie within
City limits and there are multiple parties which have not taken their full responsibility for the issue.
She supported development of a policy to address these issues in the future.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak.
Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Ordinance No. 182, 2011,
Amending Section 15483 of the City Code So as to Eliminate the Eight Ounce Limitation
on the Amount of Medical Marijuana That Can Be Distributed by Licensees to Other
Licensed Medical Marijuana Centers. Adopted on First Reading
The following is staffs memorandum for this item.
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December 20, 2011
"EXECUTIVE SUMMARY
All medical marijuana businesses in Fort Collins must cease operation by February 14, 2012. This
amendment would allow existing businesses to sell more than 8 ounces of product to another
licensed business outside the City limits in an effort to eliminate inventory by February 14, 2012.
I:�CK;Ce1.ti1H�`/�7/�]FYKI�CXYC�A`I
During the creation of regulations addressing medical marijuana businesses in Fort Collins limits
were included on both sale of medical marijuana to patients and to other licensed businesses. The
existing Code includes the following:
Sec. I5-483. Prohibited Acts.
(b) It shall be unlawful for any licensee holding a medical marijuana center
licensed, or for any agent, manager or employee thereof, to:
F
(2)sell, give, dispense or otherwise distribute to any patientorprimary
caregiver who is not a licensee more than two (2) ounces of any usable
form of medical marijuana (excluding medical marijuana -infused
products) within any seven-day period of time;
(3)sell, give, dispense or otherwise distribute to another licensed center
more than eight (8) ounces of medical marijuana in any usable form
within any seven-day period of time;
The proposed ordinance maintains the sale limitation to patients but amends the restriction to other
licensed businesses. Knowing that local businesses are needing to eliminate their inventories, staff
feels this amendment will help provide a legal means to do so. The Ordinance would only allow
these sales to licensees outside the City limits.
Should Council approve the amendment on First Reading on December 20, 2011 and on Second
Reading on January 3, 2012, local businesses would have from January 17, 2012 to February 14,
2012 to make these amended sales. "
Ginny Sawyer, Neighborhood Administrator, stated this Ordinance would eliminate the current
limitation of sales between licensed dispensaries to no more than 8 ounces in a week. This would
aid the businesses in eliminating inventory prior to the required February 14, 2012 closing date.
Councilmember Troxell asked if a detailed accounting of the existing stock exists. Jerry Schiager,
Police Captain, replied the locations are all licensed for up to 300 patients; however, individual
plants are not counted.
Councilmember Troxell asked if there is an over -abundance of supply. Schiager replied some of
the inspected businesses have been found to have extra supply. Sawyer replied some businesses
have chosen not to complete their annual renewals which has resulted in some of the extra supply.
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December 20, 2011
Councilmember Horak asked Schaiger if he supported the Ordinance. Schiager replied this
Ordinance will give dispensaries a legitimate means to sell their product . to other licensed
dispensaries throughout the state.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 182, 2011, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak.
Nays: Troxell. '
THE MOTION CARRIED.
Ordinance No. 183, 2011,
Authorizing the Lease of City -owned Property at 430 North
College Avenue and 100 Willow Street to the Colorado
State University Research Foundation, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
Colorado State University (CSU) has leased the City -owned property known as the Old PowerPlant
at 430 North College Avenue for the last 17 years. CSU has used this site as the Engines and
Energy Conversion Lab (EECL). This program has grown over the years and it is CSURF's desire
to construct a new building that will be used to house additional labs, office and incubator
companies sharing the vision of the EECL. A new lease agreement was necessary to accommodate
these changes.
The new lease agreement will be with Colorado State University Research Foundation (CSVRF)
and CSUwill relinquish all rights, title and interest in the original Lease Agreement dated February
15, 1994 and the First Amendment to Lease Agreement dated January 13, 2005.
BACKGROUND /DISCUSSION
History of Site and Current use
The City acquired the property located at 430 North College Avenue in 1912. A municipal landfill
operated on a portion of the site in the mid-1900s. The City constructed the existing facility as a
powerplant. This plant was in operation from 1935 until 1972. From 1972 until 1988, it was used
as a switching station. The next use was as an art gallery in 1988 and 1989. On February 15, 1994,
the City entered into a Lease Agreement with CSU to use the site and the old power plant building
for laboratory and research purposes focusing on internal combustion engine. This Lease
Agreement had an original term of ten years with automatic renewals for three successive five year
periods, or a total 25_years. The rental rate during these years was $1/year.
That Lease Agreement was modified in the summer of 2004. This modification was to add another
five year extension period to the lease, making the lease a total of 30 years. Also included in this
modification, the City agreed to increase the termination notice period to five years. The City
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December 20, 2011
agreed to these changes to assist CSU with fundraising activities for EECL's programs and the
potential of a new building.
New Lease Terms and Definitions
Due to CSU's plan to add the new building on the City -owned property, staffs from CSU, CSURF
and the City started negotiations for a new lease agreement. An agreement has been reached on
the terms of the lease (Attachment 2). A summary of the lease definitions and lease terms is
provided below:
Lease Definitions
City Property — the Power Plant property currently leased to CSU.
Main Building — the existing Power Plant building.
Main Parcel — the Power Plant property that would be leased to CSURF in the new lease.
New Building — the building CSURF plans to build on the Main Parcel.
Parking Parcel — a parcel of City property south of the Main Parcel that CSURF would lease to
build a parking lot on.
Leased Premises — the Main Parcel and Parking Parcel.
CSURF Affiliates — CSU or any person, persons or entity working for CSURF or CSU or their
subsidiary departments, programs or organizations.
Lease Terms
Tenant: CSURF would be the tenant. The current lease to CSU dated February 15, 1994, with an
amendment dated January 13, 2005, would terminate.
Lease Term: CSURF intends to construct a new building and related improvements on the
property. The "Initial Term " of the Lease would be 40 years, with two 20 year extensions at
CSURF's sole option, if CSURF builds the New Building. However, if CSURF does not build the
New Building within eight years, the Initial Term would be 10 years with one five year extended
term at CSURF's sole option, and up to two additional 10 year terms with the City's consent in its
discretion. (Articles II and III)
Rent: "Base Rent "for the Initial Term of the Lease would be $1, 000 and $1, 000 for each extended
term if CSURF builds the New Building. If CSURF does not build the new building, there would be
no additional rent paid for the five year extended term, and rent for each succeeding 10 year term
would be $500. (Article Ii9
Option to Purchase: CSURF has the option to purchase the Leased Premises in the future if the
City and CSURF can agree on terms, and subject to City Council approval. (Article P)
Uses of the Leased Premises: CSURF can build the New Building on the Main Parcel and parking
improvements on the Parking Parcel. The City has the right to approve the final plans for all
improvements. The Main Parcel can be used for instructional, teaching and laboratory and
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December 20, 2011
research purposes focused on developing innovative and alternate energy solutions, developing and
testing entrepreneurial models, and similar purposes. (Article VI)
Maintenance: CSURF is responsible for maintaining the,Leased Premises including the Fountain,
Monument and Grotto located on the property. CSURF also agrees to restore the Fountain. The
City is responsible for any restoration of the Monument and Grotto. (Article VH)
Alterations and Improvements: All alterations, additions and improvements to theLeased Premises
must be approved by the City as owner of the property, and must comply with the "Reasonable Steps
in Vicinity of Poudre River Site " developed in accordance with the EPA's Administrative Order on
Consent for the Northside Aztlan Community Center property cleanup. (Article VIII.)
CSURF agrees to relocate or remove improvements comprising at least 50% of the existing utility
court area adjacent to the Main Building, which lies within the Poudre River Buffer. (Article VIII)
Lease Expiration or Termination: On expiration of the Lease all improvements made by CSURF
r on the Leased Premises would become the property of the City. If CSURF terminates the lease
because of a default by the City, the City would compensate CSURFfor the fair market value of the
New Building. (Article I
Right of First Refusal: If the City wants to sell its interest in the Leased Premises it must first give
CSURF the opportunity to purchase it on the same terms and conditions. (Article XII)
Utilities: CSURF will pay for all utilities used on the Leased Premises. (Article AM
Subletting and Assignment: CSURF can sublease portions of the Leased Premises with the City's
consent, except that City consent is not needed for CSURFto assign the Lease to CSUor to sublease
to CSURFAffiliates. Any money CSURF receives forsubleases must be used to financially support
CSURF s approved activities on the Leased Premises. Any money left over after paying CSURF's
costs and expenses for such activities will be divided equally between the City and CSURF, but the
amount paid to the City will not exceed the fair market rental value of the Leased Premises for any
applicable year. (Article XVI)
Environmental Concerns: The City, CSUand CSURF are each responsibleforremediation ofany
environmental contamination on the property that results from their respective occupancies of the
property. In addition, CSURF would be responsible for proper removal, remediation or special
management or handling of any materials it handles or disturbs on the Leased Premises, during
construction or otherwise. In constructing the New Building and other improvements CSURF is
responsible for proper worker training, arranging for proper treatment and disposal of waste from
the Leased Premises, and for submitting a Voluntary Clean Up Program (VCUP) application to the
Colorado Department of Public Health and Environment (CDPHE) for the area ofconstruction and
complying with the resulting CDPHE Soil Characterization and Management Plan (SCMP). If
CSURF decides not to build the New Building because of environmental contamination issues on
the Leased Premises, CSURF may terminate the Lease on 90 days notice to the City. (Article=)
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December 20, 2011
Parking: If CSURF makes parking improvements on the Parking Parcel the City will be able to use
it forpublic purposes at times other than 8:00 a.m. to 5: 00 p.m. Monday through Friday. The City
and CSURF will work on identifying possible parking spots on the Main Parcel that could also be
available for public parking. (Article X MII)
A copy of the Lease Agreement is attached (Attachment 2).
Follow-up Items from the September 27 Work Session presentation:
Fountain: CSURF is planning to move the fountain to anew location on attached Exhibit D. Staff
from Historic Preservation did not have any information that the fountain had ever been moved
since it was placed at 430 North College Avenue. Along with day to day maintenance of the
fountain, CSURF must also restore the fountain to the specifications of the Landmark Preservation
Commission.
Maintenance of grotto and monument: The grotto could be used for water filtration, with the
proper permits. If CSURF does not utilize the grotto, then it will only be responsible for day-to-day
maintenance ofthe grotto and surrounding landscaping and the monument. Renovation of these two
landmarks would be the responsibility of the City, at its sole option and cost. If CSURF does want
to utilize the grotto, it would not only be responsible for regular maintenance, but would also be
responsible to renovate the grotto and landscaping.
Removal of items in the River Buffer: Exhibit G of the Lease Agreement (Attachment 2) shows the
utility court area and the Lease Agreement specifies that this area will be reduced by at least 50%.
This will be accomplished by, upon, or prior to final completion of the New Building. The design
for the new building has not been completed, so specifics of equipment to be removed cannot be
provided. Exhibit G also shows the proposed Utility Court to be moved farther from the Poudre
River, but still within the River Buffer. This is subject to the City's development reviewprocess, and
approval by the City as property owner.
FINANCL4L /ECONOMIC IMPACTS
Regional Economic Development
As a research institution the EECL has been awarded over $20M in research awards: these
funds are used locally to fund infrastructure at the EECL, students at CSU, research staff,
etc. The EECL currently employs a dozen professional research and support staff, as well
as approximately 50 graduate and undergraduate students
The EECL has actively engaged in the development of "spin-off' enterprises, which have
been awarded over $55M in funding commitments. In addition these spin-off companies
currently employ over 70 professional engineers, managers, and scientists.
Additional companies have been attracted to Fort Collins as the EECL has become an
"anchor "for the clean -tech industry
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December 20, 2011
Additional companies have been (or are in the process of being) accelerated through
partnerships with the EECL (CZero, Van Dyne Superturbo, Spirae). These companies
represent additional 20-30 primaryjobs in the Fort Collins downtown area.
Typical universities will see one start-up company generated for every $IOOM of R&D, the best
universities will see one start -upper $25-$35MofR&D (CalTech, MIT, etc). At the EECL the ratio
is 1 start-up per $7M of R&D investment.
ENVIRONMENTAL IMPACTS
A portion of the Main Parcel had been used in the pastas part of a historical municipal landfill and
the Parking Parcel is a portion of the Poudre River/Azdan site (the Brownfields site to the south of
the Main Parcel). With this knowledge, the City updated its Phase I of the Main Parcel and
followed that with a Phase II Environmental Site Assessment. Since the Parking Parcel is apart of
the Poudre River/Azdan site, CDPHE required the City to update its Soil Characterization and
Management Plan of the Poudre River/Aztlan Site. CSURF and the City have agreed to share the
costs of these reports since these reports are beneficial to both the City and CSURF.
The Phase HAssessment did identify the following: soil contamination, including arsenic, lead and
asbestos; groundwater contamination, including benzene, and poly -aromatic hydrocarbons; and,
soil vapors including methane. Although soil and groundwater contamination was identified at the
site, the contamination may be managed appropriately as to not prohibit construction of a new
building and improvements.
CSURF has agreed to apply to CDPHE for a Voluntary Clean-up Plan ("VCUP'). The
requirements established by CDPHE in the VCUP process will detail to CSURF how potential
contamination will be managed during the project. CDPHE will be the primary source for
information regarding management ofcontamination encountered during the construction project.
Such measures may include an indoor system to mitigate soil vapors from methane contamination. "
Councilmember Troxell withdrew from the discussion of Ordinance No. 183, 2011, Authorizing the
Lease of City -owned Property at 430 North College Avenue and 100 Willow Street to the Colorado
State University Research Foundation, due to a conflict of interest.
Bruce Hendee, Chief Sustainability Officer, stated this Ordinance would extend the lease and allow
for a building addition.
Carol Webb, Regulatory and Government Affairs, stated six environmental assessments have been
conducted on this site since 1993 and discussed the results of those tests. CSURF is pursuing a
voluntary cleanup process through the State.
Ken Mannon, Operations Services Director, discussed the new lease and stated the new building
must be constructed within eight years or the lease will revert to a 10-year term. CSURF has the
option to purchase the property at any time given agreed upon terms and Council approval and is
responsible for all property maintenance as well as removal of contamination that maybe disturbed
during construction.
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December 20, 2011
Eric Sutherland, 3520 Golden Currant, supported the Ordinance.
Josh Kerson, 2814 West Vine, supported the Ordinance.
Brian Wilson, CSU Engines Laboratory Director, supported the Ordinance.
Councilmember Manvel asked about property taxes. Hendee confirmed the property is tax exempt.
Mayor Pro Tern Ohlson asked how and why the 200 foot buffer zone has been ignored on this
property. Helen Matson, Real Estate Services Manager, replied there were two outbuildings when
CSURF started renting the facility and the buffer zones were not considered in the approval process
when Solix began renting space.
Mayor Pro Tern Ohlson expressed concern regarding the dismissal of the buffer zones. City
Manager Atteberry stated he will research the issue.
Mayor Pro Tern Ohlson asked why the utility equipment lies within the buffer zone. Matson replied
the equipment existed in its current location when Real Estate Services took over the lease.
Mayor Pro Tern Ohlson asked when the buildings and equipment would be removed from the buffer
zone if the new building is not constructed. City Manager Atteberry replied that issue will be
pursued and answered prior to Second Reading.
Mayor Pro Tern Ohlson asked about the details of the potential site clean-up. Webb replied clean-up
means materials management and minimizing excavation.
Councilmember Manvel asked about the use of a tunnel shown on the illustrations. Mannon replied
the tunnel was part of the original power plant and 400 feet of the tunnel in front of the building is
being considered to be used for cooling implements. Mr. Wilson replied it is unclear as to whether
or not this option will be used.
Councilmember Horak asked if there are compensation policies for developing within buffer zones.
City Manager Atteberry replied he would return to Council with additional information. .
Mayor Weitkunat noted the benefits of public space as well as buffer preservation.
Councilmember Horak made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 183, 2011, on First Reading.
Councilmember Horak commended the project and use of the building.
Mayor Pro Tern Ohlson commended the project and use of the building but expressed concern
regarding potential new development within the buffer zone. City Manager Atteberry noted the final
design is not complete and stated concerns will be addressed.
Mayor Weitkunat commended the Engines Lab as an asset to the community.
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December 20, 2011
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Resolution 2011-116
Appointing a Representative to the Colorado
Municipal League Policy Committee, Adopted
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
Fort Collins has two representatives on the Colorado Municipal League Policy Committee,
Councilmember Lisa Poppaw and City Manager Darin Atteberry. Councilmember Poppaw has
requested to be replaced as she is unable to attend the meetings. This Resolution will appoint
another Councilmember as the City's representative to the CML Policy Committee.
BACKGROUND /DISCUSSION
The Policy Committee is responsible for reviewing legislative proposals and recommending to the
League Executive Board, positions of support, opposition, no position or amendment to a wide
variety of legislation affecting cities and towns. At each annual conference in June, the Policy
Committee proposes to the membership, revisions to the League's policies which guide League
positions on public policy issues affecting municipalities.*
The Committee meets three or four times a year, before and during legislative sessions as well as
in May prior to the annual conference. The next CML Policy Committee meeting will be held on
February 23, 2012. ".
Councilmember Poppaw made a motion, seconded by Councilmember Kottwitz, adopt Resolution
2011-116 appointing Councilmember Wade Troxell to the CML Policy Committee, replacing
Councilmember Lisa Poppaw. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2011-117
Making an Appointment to the Zoning Board of Appeals, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
A vacancy currently exists on the Zoning Board of Appeals due to the term limit vacancy of Jim
Pisula.
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December 20, 2011
Mayor Karen Weitkunat and Mayor Pro Tem Kelly Ohlson conducted interviews but did not agree
on a recommendation for this vacancy. The Council interview team wishes to submit two names
(Robert V. Long and Rudolph C. Zitti) for Council 's consideration for that position. "
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2011-117, appointing Robert Long to the Zoning Board of Appeals.
Mayor Weitkunat supported the appointment of Rudolph Zitti to the Zoning Board of Appeals.
Mayor Pro Tern Ohlson supported the appointment of Robert Long to the Zoning Board of Appeals.
Councilmember Kottwitz supported Rudolph Zitti.
The vote on the motion was as follows: Yeas: Manvel, Ohlson, Poppaw and Horak. Nays:
Weitkunat, Kottwitz and Troxell.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to extend the meeting
past 10:30 p.m.
Councilmember Poppaw expressed concern regarding late meetings not being good governance.
Councilmember Kottwitz requested information regarding the number of times this Council has
extended meetings beyond 10:30 p.m. and beyond 12:00 a.m.
Mayor Pro Tern Ohlson suggested discussing the item at a retreat and stated all options need to be
considered, including potentially adding a meeting.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Horak and Troxell.
Nays: Kottwitz and Poppaw.
THE MOTION CARRIED.
Ordinance No. 131, 2011,
Amending the Appeals Procedure Contained in Chapter 2, Article II,
Division 3 of the City Code Relating to the Procedures for Hearing
Appeals to the Citv Council, Second Reading Postponed to February 21, 2012
The following is staff s memorandum for this item.
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December 20, 2011
"EXECUTIVE SUMMARY
At its meeting of October 4, 2011, City Council considered Ordinance No.131, 2011, Amending the
Appeals Procedure. It was adopted on First Reading, but Council asked that staff conduct some
outreach on the proposed changes, and Second Reading was scheduled for December 20.
A public meeting was held on November 30, and approximately fourteen people attended. Several
concerns about the appeals process were raised that are not addressed by the proposed changes,
and there was considerable discussion of the impact of the proposed amendments. A summary of the
meeting is attached.
Staff would like to request that Second Reading of this Ordinance be postponed until February 21,
2012. This will permit further discussion of the issues raised at the meeting, and refinement of the
proposed amendments to address concerns. " . .
Eric Sutherland, 3520 Golden Currant, expressed concern relating to the appeals process and
opposed the Ordinance. .r
Councilmember Manvel made a motion, seconded by Councilmember Horak, postponing Second
Reading of Ordinance No. 131, 2011 to February 21, 2012. Yeas: Weitkunat, Manvel, Kottwitz,
Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:45 p.m.
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