HomeMy WebLinkAboutMINUTES-09/03/2013-RegularSeptember 3, 2013
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, September 3,
2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Harris, Daggett.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
Mel Hilgenberg, 172 North College, announced the fall address of CSU's President Tony Frank.
He also stated he is a candidate for the Poudre School District Board of Education, and supported
taxes and fees on marijuana.
Min Meisel Staubo, Fort Collins resident, stated her daughters have been removed from her
custody and discussed the case under Judge Fields.
Eric Staubo, 3179 San Luis, continued Ms. Staubo's statement regarding her custody case.
Rosemary VanGorder, 3508 Shore Road, continued the discussion of Ms. Staubo's custody case.
Kathleen Baumgartner, Feeding Our Community Ourselves, discussed the lease for the FOCO
Cafe and stated the organization's goal is to be good stewards of the donations it has received.
Lawrence Budd, 1436 Glen Haven Drive, discussed excessive water use at the Walmart at
Mulberry and Lemay and stated a City employee should be assisting with the issue.
Stacy Lynn, 305 West Magnolia, discussed Ms. Staubo's custody case and encouraged an
investigation of the County Court system.
Citizen Participation Follow-up
Councilmember Troxell asked about the postponement of the FOCO Cafe lease item and
suggested City Manager Atteberry meet with Ms. Baumgartner regarding the issue.
September 3, 2013
Councilmember Overbeck requested staff follow-up regarding the watering issue at Walmart.
Councilmember Cunniff supported the FOCO Cafe and stated he is certain a lease agreement can
be reached.
CONSENT CALENDAR
6. Postponement of Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of
City -Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves Inc
for Up to Five Years to November 15, 2013.
This Ordinance, unanimously adopted on First Reading on July 16, 2013, authorizes a
lease for City -owned property at 212 Laporte Avenue to Feeding Our Community
Ourselves, Inc. to house a non-profit cafe with a minimal food processing facility. Staff
is requesting postponement of Second Reading to November 15, 2013, to allow more
time for the City and the prospective tenant to mutually agree to the lease terms of the
lease agreement, based on the timing of deconstruction of 212 Laporte Avenue per the
City's Block 32 Master Plan. The Block 32 Master Plan will be presented to City
Council at the October 8, 2013 Work Session.
7. Second Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant
Revenue in the General Fund for the Restorative Justice Program.
The purpose of this item is to appropriate grant money to fund Restorative Justice
Services within Community Development and Neighborhood Services.
Ordinance No. 110, 2013, unanimously adopted on First Reading on -August 20, 2013,
appropriates a grant in the amount of $45,000 from the Colorado Division of Criminal
Justice (DCJ) Juvenile Diversion fund for salaries associated with the continued
operation of Restorative Justice Services, which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all
other offenses.
8.. Second Reading of Ordinance No. 111, 2013, Appropriating Unanticipated Revenue in
the General Fund for Building Remodel Costs at 281 North College Avenue.
The purpose of this Ordinance, unanimously adopted on First Reading on August 20,
2013, is to appropriate unanticipated building permit and plan check fee revenues to
facilitate co -location efforts for Community Development and Neighborhood Services
(CDNS) staff.
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September 3, 2013
9. Second Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant
Revenue into the Transportation Services Fund for the Safe Routes to School Program
and Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating
Budget to the Grant Program.
The purpose of this Ordinance is to request appropriation of unbudgeted funds received
through a grant for the Safe Routes to School Program.
This Ordinance, unanimously adopted on First Reading on August 20, 2013, appropriates
a federal grant in the amount of $22,700, through the Colorado Department of
Transportation'(CDOT) for the 2013-14 Safe Routes to School (SRTS) program. This
funding will allow the City's Safe Routes to School Program (administered and staffed
by FC Moves) to enhance its pedestrian and bicycle safety education programs.
10. Second Reading of Ordinance No. 113, 2013, Authorizing the City Manager to Extend
the Term of the Agreement Between the City and Kubra Data Transfer for Utilities
Electronic Customer Billing Software.
The purpose of this item is to request a one-year extension of the contract for Fort Collins
Utilities' e-Bill vendor, from October 23, 2013, to October 23, 2014, with the option to
extend for additional one year periods not to exceed four additional one-year renewals.
This Ordinance, unanimously adopted on First Reading on August 20, 2013, authorizes
an extension that will give the Fort Collins Utilities staff time to complete necessary
research and development for future .e-Bill services, as well as support alignment of
customer interface services related to advanced meters and related customer software
systems.
11. Second Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base
Industry as Contained in Article 5 of the Land Use Code.
This Ordinance, unanimously adopted on First Reading on August 20, 2013, amends the
definition of Large Base Industry in the Land Use Code to expand the types of firms that
may qualify beyond manufacturing to also include firms that provide products or services
for local and regional users that are not manufactured but are of comparable economic
value to manufactured goods, or by establishing corporate offices.
12. Second Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013,
Which Amended the Land Use Code by the Addition of a Temporary Planned
Development Overlay Zone District for One Additional Year.
The purpose of this item is to extend the pilot for the Planned Development Overlay
District for one additional year.
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September 3, 2013
This Ordinance, unanimously adopted on First Reading on August 20, 2013, provides for
an additional twelve months for the Planned Development Overlay District (PDOD) pilot.
The PDOD is a unique zoning mechanism designed to address the challenges of infill and
redevelopment, blending the concepts of Planned Unit Developments (PUDs) and
performance -based zoning. The pilot was originally established by Ordinance No. 024,
2013 and provided a six-month timeframe to accept PDOD development submittals; it is
currently set to expire on September 9, 2013. However, Ordinance No. 024, 2013
provided City Council the ability to extend the pilot in the event that an insufficient
number of PDOD projects were submitted. Since there have been no submittals and none
are expected within the remaining month of the pilot, Council is asked to consider
extending the pilot by an additional year.
13. Second Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Kechter Road and Timberline Road Intersection Improvements
Project.
The purpose of this item is to obtain authorization from City Council to use eminent
domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Kechter Road and Timberline Road intersection.
The Kechter Road and Timberline Road Intersection Improvements will construct interim
safety and congestion mitigation improvements at the intersection. The project is
planned to begin construction in the spring of 2014 and be completed within sixty (60)
days. To construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The acquisitions include right-of-way and a
permanent easement from owners of the property at the southeast corner of the
intersection. Timely acquisition of the property is necessary to meet the anticipated
construction schedule. Staff fully intends to negotiate in good faith with the affected
owners and is optimistic that all property negotiations can be completed prior to the start
of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project only if such action is deemed necessary. This Ordinance was
unanimously adopted on First Reading on August 20, 2013.
14. Second Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox Access
Road.
The purpose of this item is to obtain authorization from City Council to use eminent
domain, if deemed necessary, to acquire property interests needed to construct rear access
road improvements associated with the North College Improvement Project — Conifer to
Willox.
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September 3, 2013
This project will construct an access road on the west side of College Avenue between
Hickory Street and the mobile home park located at 1601 North College Avenue. To
construct these improvements, the City will need to acquire certain property interests,
adjacent to the project area. The acquisitions include permanent easements and
temporary easements. Timely acquisition of the property interests is necessary to meet
the anticipated, construction schedule. Staff fully intends to negotiate in good faith with
all affected owners and is optimistic that all property negotiations can be completed prior
to the start of the Project. Staff is requesting authorization of eminent domain for all
property acquisitions for the Project only�if such action is deemed necessary. This
Ordinance was unanimously adopted on First Reading on August 20, 2013.
15. Second Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned
Property at 328 West Mountain Avenue and '108 North Meldrum Street to Poudre
Landmarks Foundation, Inc.
The purpose of this item is to continue leasing the Avery House and Carriage House.
This Ordinance, unanimously adopted on First Reading on August 20, 2013, authorizes
the lease of the Avery House and the Carriage House, located at 328 West Mountain
Avenue and 108 North Meldrum Street, respectively, to the Poudre Landmarks
Foundation ("The PLF"). The term of the Lease is for fifteen (15) years, with a yearly
lease payment of $25, or $375 for the full term of the lease. The PLF maintains the
interior of the buildings and the City will continue to pay all utility costs, as budgeted.
16. First Reading of Ordinance No. 122, 2013, Authorizing the City Manager to Extend the
Term of the Agreement Between the City and Maya Foundation for Health Risk
Assessment Software for the City's Wellness Program.
The purpose of this item is to request a one-year extension of the contract with the Mayo
Foundation for Medical Education and Research (Mayo) to provide services associated
with the assessment and management of existing and potential health risks of City
employees from April 1, 2014 to March 31, 2015, with the option to extend for additional
one (1) year periods not to exceed four (4) additional one-year renewals. This extension
will allowed continued use of services provided by Mayo while staff assesses costs,
benefits, services and other options associated with an Onsite Employee Medical Clinic
and the potential to consolidate health risk assessment services now provided by Mayo
with the Clinic.
17. First Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority.
This purpose of this item is to expand the boundaries of the Fort Collins Downtown
Development Authority (DDA) and amend the Plan of Development of the Authority to
include a commercially zoned property in the 800 block of Buckingham Street.
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September 3, 2013
The property, which includes one parcel owned by Colorado Iron.and Metal Inc. and one
parcel owned by Odell Investments, LLC, is vacant land with no address.
18. First Reading of Ordinance No. 124, 2013,•Authorizing a Patio Lease and Conveyance of
an Access Easement on City Property to 201 S College, LLC.
The purpose of this item is to authorize the conveyance of a patio lease and a permanent
access easement on Oak Street Plaza to the owners of the Old Post Office Building
adjacent to the park.
201 S College, LLC is the owner of the lower level of the building located at 201 South
College Avenue, also known As the Old Post Office Building. The building also houses
the Museum of Contemporary Art on the main floor. The building is located directly
adjacent to Oak Street Plaza Park. The owner of the lower unit of the building has
requested a patio lease on a portion of the City property adjacent to the north side of their
building in anticipation of leasing the unit as a restaurant. The lease area will be used by
the unit owner and their tenant for dining and art display purposes only and will be
limited to a 10-year term with an option to renew for up to two (2) additional 5-year
terms. In addition, the owner has requested an access easement across the park leading
from their north entrances out to College Avenue. This access easement will provide the
owner and their tenant legal access in and out of the lower unit.
19. Resolution 2013-076 Amending the Master Street Plan as Related to the Crowne on
Timberline ProiecL
The developer of the Crowne on Timberline project, which is . in the . vicinity of
Timberline Road and Zephyr Road, Ifas identified a street on the site plan as a collector
street. The developer has requested the City add this collector street to the Master Street
Plan, which requires an amendment through City Council action. Based on traffic
analysis and planned connectivity in this area staff supports the addition of this collector
to the Master Street Plan.
20. Resolution 2013-077 Authorizing the Purchasing Agent to Enter Into a Professional
Services Agreement with McGladrey LLP, Certified Public Accountants, for Auditing
Services.
The purpose of this item is to authorize the Purchasing Agent to enter into a professional
services agreement with McGladrey LLP for auditing services.
A Request for Proposal (RFP) for audit services was issued to cover the next five years.
The selection process resulted in the selection of the McGladrey LLP. The auditor
selection process was designed to ensure that the selected firm exceeds the minimum
requirements and has knowledge and experience in auditing similar entities.
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September 3, 2013
An annual external audit by an independent certified public accountant is required by
State Statute, City, Charter and most grant agreements.
21. Resolution 2013-078 Appointing Two Representatives to the Colorado Municipal League
Policy Committee.
The purpose of this item is to appoint Councilmember Wade Troxell and City Manager
Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League
Policy Committee.
Appointments to the Colorado Municipal League (CML) Policy Committee are made
each fall and members serve for a one-year period from approximately September
through August. Each member municipality of the League is entitled to a representative,
and all cities over 100,000 are entitled to designate two representatives.
The Policy Committee is responsible for reviewing legislative proposals and
recommending to the League Executive Board, positions of support, opposition, no
position or amendment to a wide variety of legislation affecting cities and towns. At each
annual conference in June, the Policy Committee proposes to the membership, revisions
to the League's policies which guide League positions on public policy issues affecting
municipalities.
The Committee meets three or four times a year, before and during legislative sessions as
well as in May prior to the annual conference. The first CML Policy Committee meeting
will be held on Friday, October 18.
22. Routine Easement.
Easement for construction and maintenance of public utilities from GCP College Ave,
LLC, to install a transformer for new electric service at 216 North College Avenue.
***END CONSENT***
Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris.
7. Second Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant
Revenue in the General Fund for the Restorative Justice Program.
8. Second Reading of Ordinance No. 111, 2013, Appropriating Unanticipated Revenue in
the General Fund for Building Remodel Costs at 281 North College Avenue.
9. Second Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant
Revenue into the Transportation Services Fund for the Safe Routes to School Program
and Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating
Budget to the Grant Program.
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September 3, 2013
10. Second Reading of Ordinance No. 113; 2013, Authorizing the City Manager to Extend
the Term of the Agreement Between the City and Kubra Data Transfer for Utilities
Electronic Customer Billing Software.
i l . Second Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base
Industry as Contained in Article 5 of the Land Use Code.
12. Second Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013,
Which Amended the Land Use Code by the Addition of a Temporary Planned
Development Overlay Zone District for One Additional Year.
13. Second Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Kechter Road and Timberline Road Intersection Improvements
Project.
14. Second Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox Access
Road.
15. Second Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned
.Property at 328 West Mountain Avenue and 108 North Meldrum Street to Poudre
Landmarks Foundation, Inc.
Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris.
16. First Reading of Ordinance No. 122; 2013, Authorizing the City Manager to Extend the
Term of the Agreement Between the City and Mayo Foundation for Health Risk
Assessment Software for the City's Wellness Program. ,
17. First Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority.
18. First Reading of Ordinance No., 124, 2013, Authorizing a Patio Lease and Conveyance of
an Access Easement on City Property to 201 S College, LLC.
28. First Reading of Ordinance No. 125, 2013, Establishing a Temporary Ban on Marijuana
Establishments Within the City of Fort Collins.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt and
approve all items on the Consent Calendar. Yeas: Campana, Horak, Weitkunat, Troxell,
Cunniff, Overbeck and Poppaw. Nays: none.
279
THE MOTION CARRIED.
Consent Calendar Follow-up
September 3, 2013
Councilmember Conniff discussed Item No. 18, First Reading of Ordinance No. 124, 2013,
Authorizing a Patio Lease and Conveyance of an Access Easement on City Property to 201 S
College, LLC and requested the City have some control over the patio fence and pedestrian flow.
City Manager Atteberry concurred.
Mayor Weitkunat discussed Item No. 9, Second Reading of Ordinance No. 112, 2013,
Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe
Routes to School Program and Transferring Appropriations in the Keep Fort Collins Great Fund
from the Operating Budget to the Grant Program and noted the program was granted funds from
the BNSF Railroad.
Councilmember Campana discussed Item No. 6, Postponement of Second Reading of Ordinance
No. 094, 2013, Authorizing the Lease of City -Owned Property at 212 Laporte Avenue to Feeding
Our Community Ourselves, Inc.,for Up to Five Years to November 15, 2013, and suggested the
possibility of the fact this location may not be the appropriate one given the level of tenant finish
needed. City Manager Atteberry stated the City would like to partner with the Cafe in any way
possible and stated he would report back to Council regarding the location.
Staff Reports
City Manager Atteberry reported on the success of the recent large community events, including
the USA Pro Cycling Challenge. He recognized the local organizing committee members and
staff who assisted with the event.
Eric Thompson, Co -Chair of the local organizing committee, discussed the success of the USA
Pro Cycling event in the Northern Colorado area. He stated a full report will be compiled soon.
Mayor Weitkunat commended the collaboration and partnership during the race event and
thanked the railroad for its assistance in halting operations.
Councilmember Reports
Councilmember Poppaw read a letter from the Fort Collins Housing Authority thanking Council
for its funding of affordable housing preservation.
Mayor Pro Tern Horak reported on the Platte River Power Authority wholesale rate increase,
noting the increase is less than expected. He also reported on meetings with the Colorado
Department of Transportation regarding increasing traffic lanes on I-25 from Highway 66 to
Highway 14. Additionally, Mayor Pro Tern Horak reported on the CSU Community Welcome
event.
September 3, 2013
Mayor Weitkunat reported on Hunger Action month and the food drive for the Larimer County
Food Bank and the City's historic homes tour.
Ordinance No. 120, 2013,
Amending the City Code to Adjust the Amounts of the Capital Improvement
Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect
Inflation in Associated Costs of Service, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to update the Capital Improvement Expansion fees to include current
infrastructure costs and updated methodology.
Capital Improvement Expansion (CIE) Fees were first implemented in 1996. In 2012, staff
initiated a comprehensive review of the original study. The goal of the review was to ensure that
the methodology first implemented was still applicable and to assess the fee structure to confirm
that it was consistent with the current level of service. This Ordinance was unanimously adopted
on First Reading (6-0; Campana recused) on August 20, 2013.
BACKGROIUND /DISCUSSION
During First Reading on August, 20, 2013, City Council requested additional information
regarding the impact of the fee update on the overall project valuation of the sample building
permits presented. Included is a table with the additional information requested:
Permit Comparison
Residential or
%
Total Fees on
%
Total
%
Commercial
Change
Permit
Change
Project
Change
CIE Fees
PROPOSED
Valuation
PROPOSED
w/Updated
Fee*
Legacy Senior
$264K
12%
$776K
4%
$8.3M
0.35%
ousing
The Summit Permit
228K
6%
795K
%
$5.8M
0.24%.
I*
Spine Correction
7K
5%
115K
%
543K
0.55%
Center
5,500 sq ft.
Cargill Greenhouse
$16K
85%
115K
7%
I.1M
0.70%
13,700 sq ft.
*Valuation reported on building permit application"
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September 3, 2013
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 120, 2013, on Second Reading.
Councilmember Cunniff thanked staff for the commercial fees analysis.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Cunniff, Overbeck and
Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 125, 2013,
Establishing a Temporary Ban on Marijuana Establishments
Within the Citv of Fort Collins, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to establish a temporary ban on marijuana cultivation facilities,
marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana
stores (collectively "marijuana establishments') in the City of Fort Collins through March 31,
2014.
The City Council recommended proceeding with a temporary ban at a work session on July 30,
2013.
BACKGROUND /DISCUSSION
On November 6, 2012, Colorado voters approved Amendment 64, which allows for the licensing
of marijuana establishments in Colorado, including marijuana cultivation facilities, marijuana
testing facilities, marijuana product manufacturing facilities, and retail marijuana stores.
Under Amendment 64, local municipalities have three options in regard to marijuana
establishments:
(1) adopt an ordinance prohibiting them; (2) refer a prohibition question to the voters; or (3)
allow them and impose local restrictions on their time, place, manner and number.
Amendment 64 requires local municipalities to adopt an ordinance specifying the entity that is
responsible for processing applications submitted for a license to operate a marijuana
establishment by October 1, 2013.
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September 3, 2013
Additionally, Amendment 64 allows an applicant to apply directly to a local jurisdiction if the
state fails to issue a license by January 1, 2014, or within ninety (90) days of an application
being filed.
The Colorado Department of Revenue ("DOR') has adopted emergency rules for the regulation
of the state retail marijuana industry by the DOB's Marijuana Enforcement Division, which are
set to expire on October 1, 2013.
A question imposing an excise and sales tax on marijuana and marijuana products will appear
on the November 2013 ballot.
During the July 30, 2013 work session, Council determined that having additional time to
determine the degree and extent of the state rules, to analyze the results of the November ballot
question on taxation, and to conduct outreach within the community would be beneficial. Staff is
proposing a six month temporary ban to complete such efforts.
FINANCIAL /ECONOMIC IMPACTS
There are no immediate financial impacts with the exception of potential medical marijuana
businesses that are anxious to begin operations in Fort Collins. Pursuant to state law, January 1,
2014 is the earliest date that a currently existing medical marijuana business can obtain a
marijuana establishment license. Approximately nine months later, October 1, 2014, is the
earliest date that a marijuana establishment that was not a previously existing medical
marijuana business can -obtain a license. "
Ginny Sawyer, Policy and Project Manager, stated this ban would extend until the end of March
2014 and would allow time for state rules to go into effect, taxation initiatives to be voted upon,
and public outreach to be completed. She outlined the four classifications of marijuana
businesses: retail stores, manufacturing facilities, testing facilities, and cultivation facilities.
Councilmember Cunniff asked about the impact of -the outcome of the November taxation
question on the City's regulations. Sawyer replied the state response to that initiative may
impact local communities, given the taxation would supply funding mechanisms.
Councilmember Cunniff stated he would like to see the impact on the City's proposed fee
structure given a passage or failure of the taxation initiative. City Manager Atteberry replied the
failure of the initiative could result in an examination of the legislation statewide.
Councilmember Conniff stated he would prefer a shorter ban.
Councilmember Troxell supported the six month ban and asked about the public outreach plan.
Sawyer replied staff is hoping to work with the CSU Center for Deliberation for a large-scale
community outreach.
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September 3�2013
Councilmember Troxell stated Council needs to be deliberate about the impacts to the
community and consider health and safety issues.
Councilmember Overbeck asked about additional public outreach processes. Sawyer replied the
community dialogue model utilizes students in a program center at CSU to help develop and
facilitate the public outreach process.
Councilmember Overbeck suggested a December rather than a February work session. He asked
when the discussion regarding the inclusion of CSU began. Sawyer replied it began in the last
two weeks and City Manager Atteberry noted CSU has been actively involved in this issue over
the years.
City Manager Atteberry noted a more expedited process is Council's prerogative to implement.
Councilmember Poppaw stated she would prefer an expedited process.
Councilmember Campana stated the voters have requested a thorough examination of the issue
and staffs opinion of the six month ban is justified.
Mayor Pro Tem Horak suggested staff return with two plans relating to the timing of the process
after First Reading.
Mayor Weitkunat noted one key aspect of Amendment 64 was the ability for municipalities to
adopt their own regulations or prohibition and making those regulations should not be rushed.
Mayor Pro Tern Horak suggested a status report at the work session on November 12th.
Councilmembers Cunniff, Overbeck, and Campana agreed.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 125, 2013, on First Reading.
Mayor Pro Tern Horak clarified there will be an interim work session on November 12th in order
to decide how long the ban should last.
The vote.on the motion was as follows: Yeas: Weitkunat, Troxell, Cunniff, Overbeck, Poppaw,
Campana and Horak. Nays: none.
THE MOTION CARRIED.
Ordinance No. 121, 2013,
Amending Section 3.2.2(k) of the Land Use Code Regarding Minimum
Parking Requirements in the Transit -Oriented Development
Overlay Zone District, Adopted on Second Reading
The following is the staff memorandum for this item.
KV
September 3, 2013
"EXECUTIVE SUMMARY
This Ordinance implements interim minimum parking requirements for multi family dwellings in
the TOD Overlay Zone. This requirement will sunset in one year, in which time a TOD Parking
Plan will be created. Council has three options to consider on Second Reading:
Option #1 - Proposed 60% Ratio (Unanimously adopted on First Reading on August 20,
2013),
• Option #2 - 60% of existing parking requirements outside the TOD Overlay Zone.
• Option #3 — 70% of existing parking requirements outside the TOD Overlay Zone.
BACKGROUND /DISCUSSION
At the August 20, 2013 City Council meeting, staff was asked to prepare an alternative proposal
for establishing minimum parking requirements for mixed -use and multi family developments in
the Transit -Oriented Development (TOD) Overlay Zone. The staff proposal presented to
Council was to create minimum parking requirements based on a percentage (6091o) of the total
number of bedrooms. Council asked that staff apply the recommended ratio of 60% to the
existing minimum parking requirements for mixed -use and multifamily developments outside the
TOD Overlay Zone, which is based on the number of bedrooms per dwelling unit. Please see
charts below to illustrate the difference and the attached analysis ofprojects in the TOD Overlay
Zone.
Option #1 - Proposed 60% Ratio (Adopted on First Reading):
Multi family dwellings and mixed -use dwellings within the Transit -Oriented Development
(TOD) Overlay Zone shall provide a minimum number of parking spaces in an amount
equal to or greater than 60% of the number of proposed bedrooms in the development.
Existing Minimum Parking Requirements Outside the TOD Overlay Zone:
Number of Bedroonrs/Dwelling Unit
Parking Spaces Per Dwelling Unit
One or less
1.5
Two
1.75
Three
2.0
Four and above
3.0
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September 3, 2013
Option #2 - 60% of existing parking requirements outside the TOD Overlay Zone to be
applied to mixed -use and multi -family within the TOD Overlav Zone (as reauested):
Number of BedromnVDwelling Unit
Parking Spaces Per Dwelling Unit
One or less
0.9
Two
1.1
Three
1:2
Four and above
1.8
Option #3 - 70% of existing parking requirements outside the TOD Overlay Zone to be
annlied to mixed -use and multi -family within the TOD Overlav 7.nne ta.c reaueetedl
Number of BedroonislAvelling Unit
Parking Spaces Per Dwelling Unit
One or less
1.1
Two
1.2
Three
1.4
Four and above
2.1
Seth Lorson, City Planner, provided an analysis of the projects currently within the TOD and
reviewed the options available to Council.
Paul Patterson, 2936 Eindborough, asked why the discussion has been limited to three options
and supported, adoption of the 70%,parking standard.
Councilmember Cunniff stated an 80% parking standard should be considered and supported a
more conservative approach. He stated options two and three are too low.
Mayor Pro Tern Horak expressed concern regarding the ability for affordable housing projects to
be located in transit -heavy areas. He suggested postponement until all effects are considered.
Councilmember Campana discussed a student housing project he completed at the minimum
parking standard and stated there have been a large number of complaints relating to too little
parking. He stated the existing parking standards are too low given the current transit options
and suggested an alternative compliance options for creative solutions.
Laurie Kadrich, Community Development and Neighborhood Services Director, noted the
recommendation for an Ordinance this evening is a temporary measure and is derived from
comments from the Planning and Zoning Board. She stated there is an alternative compliance
option within this Ordinance which could be used to deal with an affordable housing
development.
Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Option
#3 of Ordinance No. 121, 2013, on Second Reading.
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September 3, 2013
Mayor Pro Tern Horak asked about the alternative compliance provision. Kadrich replied this
temporary measure, if approved, would allow for alternative compliance based on a parking
study.
The vote on the motion was as follows: Yeas: Weitkunat, Horak, Campana And Troxell. Nays:
Conniff, Poppaw and Overbeck.
THE MOTION CARRIED.
Other Business
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to ask the Mayor to
write a letter in support for potential funding for a third lane on I-25 north of Longmont. Yeas:
Cunniff, Overbeck, Poppaw, Campana, Horak, Weitkunat and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 7:48 p.m.
ATTEST:
)Vew ll TMS
Chief Deputy City Clerk
Adjournment
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