HomeMy WebLinkAboutMINUTES-12/18/2012-RegularDecember 18, 2012
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was field on Tuesday; December 18,
2012, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was
answered by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell
and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Steve Johnson, Larimer County Commissioner, discussed the coordination and cooperative efforts
among various entities relating to the High Park Fire and recognized the City for its efforts.
Pamela Shaddock, Senator Udall's Office, recognized the City for the 100th Anniversary of City
Park.
Matt Robbins, Colorado Lottery Community Relations Specialist, presented the City with the.
Starburst Award to recognize excellence in the use of lottery funds for the Fossil Creek Trail.
Agenda Review
City Manager Atteberry withdrew Item No. 18, Resolution 2012-121 Excusing the Absence of
Councilmember Aislinn Kottwitz From Attendance at Meetings of the City Council During the
Period From November 8, 2012 Through January 15, 2013 from the Agenda. '
Citizen Participation
Rob Kagen, 1225 Buttonwood Drive, thanked Council for the opportunity to serve on the Parks and
Recreation Board.
Bill Mullaney discussed his views of corruption within the City.
Stacey Lynne, 305 West Magnolia, discussed her son's custody case.
Mel Hilgenberg, 172 North College, supported saving the Jack Benny hand prints in front of Cache
la Poudre Bank, requested alley names, and requested parabolic mirrors be' installed at the exits of
the downtown parking structures.
Eric Sutherland, 3520 Golden Currant, discussed the Sandy Hook school shooting and opposed tax
increment financing being used for the Rocky Mountain Innosphere.
231
December 18, 2012
Jack Daniels, 172 North College, stated Fort Collins has much to offer as a community
Paul Patterson, 2936 Eindborough Drive, requested a review of the City's Addition of a Permitted
Use process and suggested suspending the use of the process until the review is conducted.
Michelle Haefle, 623 Monte Vista Avenue, suggested suspending the use of the Addition of a
Permitted Use process in single-family neighborhoods until a review is completed.
Leo Buccellato, Fort Collins resident, discussed corruption in government and omissions in the
public process.
Citizen Participation Follow-up
Mayor Weitkunat stated the Planning and Zoning Board will be discussing the Addition of a
Permitted Use process.
Mayor Pro Tern Ohlson stated the Planning website and information needs to be more readily
available for the public.
Councilmember Horak stated the Planning issue needs to be addressed immediately.
City Manager Atteberry stated the concerns regarding the parking garage will be addressed.
CONSENT CALENDAR
6. Second Readine of Ordinance No. 138, 2012, Appropriating Unanticipated Revenue in the
Capital Proiects Fund, Mason Corridor Project.
The design of the MAX Bus Rapid Transit (BRT) Project included enhancements to the
University Station at the request of Colorado State University (CSU), including decorative
fencing, enhanced landscaped plaza, walkway lighting, spare conduit installation'. and
upsizing of the storm drainage system to accept CSU storm water runoff. These items are
not eligible for reimbursement from the Federal Transit Administration as part of the MAX
BRT Project, and therefore will be funded by CSU. This Ordinance, unanimously adopted
on First Reading on December 4, 2012, appropriates the identified funds of $806,380 to
construct the improvements concurrently with the BRT project.
Second Reading of Ordinance No. 139, 2012, Adopting the 2013 Classified Employees' Pav
Plan.
This Ordinance, unanimously adopted on First Reading on December 4, 2012, adopts the
2013 Pay Plan, which establishes a pay range 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 2013 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.
232
December 18, 2012
8. Second Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater
Criteria Manual To Modify the Requirements for Emergency Work.
A recent review of specific permit elements included in the City of Fort Collins' Stormwater
Management Program identified an inconsistency with state interpretation of the
requirements. This inconsistency is due to the Fort Collins Design Criteria Manual allowing
emergency work to be exempted from the sediment and erosion control Best Management
Practices (BMPs) requirements of the Manual. Except for emergency firefighting activities,
the Municipal Separate Storm Sewer System (MS4) permit does not allow exemptions from
the requirements. This Ordinance, unanimously adopted on First Reading on December 4,
2012, clarifies that emergency work will be exempt only from advance submittal
requirements, but not requirements for measures to prevent and control erosion.
9. Second Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012 to
Correct the List of Properties That Are Subject to the Special Fee Imposed by Said
Ordinance.
This Ordinance, unanimously adopted on First Reading on December 4, 2012, amends
Ordinance No. 117, 2012, that established a special fee to be paid by the owners of property
within close proximity to the reconstructed interchange at the intersection of Interstate 25
and State Highway 392. The spreadsheet mistakenly included a parcel of property in Zone
A that is actually located within the Town of Windsor. This property should not have been
shown as being subject to the Fort Collins Fee Ordinance. This Ordinance removes that
parcel of property and slightly adjusts the area of the property owned by Terry and Mary
Van Cleave to more accurately reflect the actual property size.
10. Second Reading of Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager.
City Council met in executive session on November 13, 2012, to conduct the performance
review of City Manager Darin Atteberry. Ordinance No. 146, 2012, establishes the salary
of the City Manager at $207,063.
11. Second Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney.
City Council met in Executive Session on November 13, 2012 to conduct the performance
review of City Attorney Steve Roy. Ordinance No. 147, 2012, establishes the 2013 salary
of the City Attorney at $170,662.
12. Second Reading of Ordinance No. 148, 2012, Amending Section 2-606 of the City Code and
Setting the Salary of the Municipal Judge.
City Council met in executive session on November 13, 2012, to conduct the performance
review of Municipal Judge Kathleen Lane. Ordinance No. 148, 2012, unanimously adopted
on First Reading on December 4, 2012, establishes the 2013 salary of the Municipal Judge
at $99,253.
233
December 18, 2012
13. First Reading of Ordinance No. 150, 2012, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Property Interests Necessary to Construct Public Improvements
Related to the Mason Corridor Bus Rapid Transit Project.
Mason Corridor Bus Rapid Transit (MAX BRT) Project staff has identified two additional
real estate acquisition interests which are necessary to construct the MAX BRT Project. As
with prior acquisitions/acquisition phases, City Council authorization for eminent domain
(if necessary) is the first step in the acquisitions process.
As a federally funded transportation project, acquisitions will conform to the provisions of
the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as
amended (Public Law 91-646). In accordance with this act, property owners must be
informed about the possible use of eminent domain and their rights pursuant to Colorado
State Statute in the official Notice -of -Interest Letter. Authorization from City Council is
needed prior to sending this information to property owners. This letter is the first official
step in the acquisition process, which must occur prior to the appraisals. Given the
construction schedule for the Project and the fact that acquisitions must be conducted under
procedures for federally funded projects, timely acquisition of the required property interests
is necessary. Therefore, City staff requests authorization to utilize eminent domain for the
MAX Project, if necessary, and only if good faith negotiations break down.
The acquisitions that are the subject of this Ordinance concern two sets of property interests
(more specifically, two signboard easements, leasehold interests and improvements) located
within the alignment of planned BRT Project improvements on Burlington Northern Santa
Fe Railway (the `BNSF") property. (Note: As background, on November 6, City Council
upheld an appeal to an August 9, 2012 Zoning Board of Appeals (ZBA) decision, thereby
disallowing a ZBA variance that would have permitted the relocation of one of the off -
premise signboards which is the subject of this Ordinance).
14. Items Relating to the 2012 Streets and Stormwater Site Development Initiatives.
A. First Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the
Latimer County Urban Area Street Standards Pertaining to "Streetscape Standards"
for the City of Fort Collins.
B. First Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code
and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions
Implementing Low Impact Development Principles.
Ordinance No. 151, 2012 replaces the City of Fort Collins Streetscape Design Standards &
Guidelines document with a new version entitled "City of Fort Collins Streetscape
Standards". Ordinance No. 152, 2012 updates the City's Low Impact Development Criteria
and Policy regarding the control and treatment of stormwater runoff from streets and site
development.
The Streetscape Standards relate to the treatment of parkway strips (between the curb and
sidewalk), medians, intersections, roundabouts, and key gateway intersections. The update
234
December 18, 2012
primarily involves raising the bar for the quality of streetscape development in arterial
medians and at key gateway intersections.
The City's Low Impact Development (LID) Criteria and Policy addresses the City's
requirements and incentives formore distributed storm water runoff management and control
which relies mainly on filtration and infiltration to treat and manage the stormwater runoff.
This approach will apply to private site development projects as well as to public street
projects.
15. Resolution 2012-118 ApprovingFee ee Agreements Between the City and Certain Property
Owners in the Community Activity Center Adjacent to the Interchange at the Interstate 25
and State Highway 392.
On November 6, 2012, Council adopted Ordinance No. 117, 2012, establishing a special fee
to be paid by the owners of certain properties located west of Interstate 25 and within close
proximity to the reconstructed interchange at the intersection of Interstate 25 and State
Highway 392. This ordinance included the option for the property. owners to elect to enter
into a settlement agreement with the City and the Town of Windsor as outlined in the
attached draft agreements. The ordinance also required the property owners electing to enter
into such agreement to notify the City Manager in writing of their desire to do so on or
before November 30, 2012, and that the agreements need to be approved by the City Council
on or before December 31, 2012.
To date, the City has received written notice from all of the properties within the City's
jurisdiction electing to pay the fee pursuant to the terms and conditions of a written
agreement with the City. This resolution authorizes the City Manager to sign said
agreements with the property owners.
16. Resolution 2012-119 Adol2tine an Undated City Investment Policy.
The purpose of the Interagency Loan Program is to support City services, missions, and
values by making loans to outside entities such as the Urban Renewal Authority and the
Downtown Development Authority while maintaining an adequate rate or return for the City.
The 2012 Updated Investment Policy includes the following significant changes:
I . A Purpose Statement was added to the Inter -agency Loan Program
2. The name changed from Inter -fund Borrowing Program to Inter -agency Loan
Program
3. The loan must be evidenced by a promissory note
4. The interest rate is the higher of Municipal Bonds or Treasury Bill rate plus 0.5%
5. A nexus is not required for utility funds
6. Approval from oversight board is required
7. Maximum loan term is 25 years
S. Restrictions on total loans made to Governmental and Enterprise funds.
235
December 18, 2012
17. Resolution 2012-120 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 ofboardmembers and the expiration of terms of current members. Applications
were solicited during September, and Council teams interviewed applicants during October,
November, and December. This Resolution appoints members to fill current vacancies and
term expirations.
18. Resolution 2012-121 Excusing the Absence of Councilmember Aislinn Kottwitz From
Attendance at Meetings of the City Council During the Period From November 8, 2012
Through January 15, 2013.
Under the City Charter, a Council seat is considered vacant if the Councilmember misses
regular and special meetings for 60 consecutive days, unless excused by resolution of the
Council. Due to illness, Councilmember Aislinn Kottwitz was last able to attend meetings
of the City Council on November 6, 2012, and will be unavailable to resume such
attendance until at least January 15, 2013.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
6. Second Reading of Ordinance No. 138, 2012, Appropriating Unanticipated Revenue in the
Capital Projects Fund, Mason Corridor Project.
Second Reading of Ordinance No. 139, 2012, Adopting the 2013 Classified Employees' Pay
Plan.
8. Second Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater
Criteria Manual To Modify the Requirements for Emergency Work.
9. Second Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012, to
Correct the List of Properties That Are Subject to the Special Fee Imposed by Said
Ordinance.
10. Second Reading of Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and
Setting the Salary of the City Manager.
11. Second Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City Code and
Setting the Salary of the City Attorney.
12. Second Reading of Ordinance No. 148, 2012, Amending Section 2-606 of the City Code and
Setting the Salary of the Municipal Judge.
236
December 18, 2012
23. Second Reading of Ordinance No. 149, 2012, Amending Division 2 of the Land Use Code
to Allow for the Processing of Applications for the Development of Property Not Yet under
the Full Ownership and Control of the Applicant or Developer.
24. Second Reading of Ordinance No. 145, 2012, Establishing a Moratorium on the Acceptance
or Processing of Land Use Applications, Permit Applications, and Other Applications
Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City
of Fort Collins.
Ordinances on First Reading were read by title by City Clerk Nelson.
13. First Reading of Ordinance No. 150, 2012, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Property Interests Necessary to Construct Public Improvements
Related to the Mason Corridor Bus Rapid Transit Project.
14. Items Relating to the 2012 Streets and Stormwater Site Development Initiatives.
A. First Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the
Larimer County Urban Area Street Standards Pertaining to "Streetscape Standards"
for the City of Fort Collins.
B. First Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code
and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions
Implementing Low Impact Development Principles.
25. First Reading of Ordinance No. 153, 2012, Designating the Whitcomb Street Historic
District as a Fort Collins Landmark District, Pursuant to Chapter 14 of the City Code.
26. First Reading of Ordinance No. 154, 2012, Amending Article IV of Chapter 15 of the City
Code relating to Door -to -Door Solicitation.
27. First Reading of Ordinance No. 155, 2012, Amending Section 2-483 of the City Code So as
to Make the Conflict of Interest Provisions Contained in Article IV, Section 9 of the City
Charter Applicable to the Members of the Board of Commissioners of the Fort Collins Urban
Renewal Authority.
Eric Sutherland, 3520 Golden Currant, withdrew Item Nos. 10, 11, and 16; Second Reading of
Ordinance No. 146, 2012, Amending Section 2-596 of the City Code and Setting the Salary of the
City Manager, Second Reading of Ordinance No. 147, 2012, Amending Section 2-581 of the City
Code and Setting the Salary of the City Attorney, and Resolution 2012-119 Adopting an Updated
City Investment Policy from the Consent Calendar.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt all items
not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw,
Horak, and Troxell. Nays: none.
THE MOTION CARRIED.
237
December 18, 2012
Consent Calendar Follow-up
Councilmember Troxell asked about an item related to parking lots and low -impact development
in Item No. 14, Items Relating to the 2012 Streets and Stormwater Site Development Initiatives. He
requested information prior to Second Reading regarding how this directly impacts the decreased
costs related to stormwater detention ponds.
Staff Reports
Dean Klingner, Interim Engineering Capital Projects Manager, updated Council on the Tumberry
Road Improvement Project.
Councilmember Reports
Mayor Pro Tern Ohlson reported on the City's assistance with a request from Disabled Resource
Services for a permanent home.
Mayor Weitkunat stated Fort Collins has been recognized by the National League of Cities for forty-
five years of participation in the organization.
Ordinance No. 149, 2012,
Amending Division 2 of the Land Use Code to Allow for the Processing of
Applications for the Development of Property Not Yet under the Full Ownership
and Control of the Applicant or Developer, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The Land Use Code (LUC) presently requires that all submittal requirements must be met before
an application can be processed. One of those submittal requirements is that the applicant must
own or control all of the property that is the subject of the application. This Ordinance, adopted
on First Reading on December 4, 2012 by a vote of 4-1 (Nays: Ohlsonr Weitkunat recused; Kottwitz
absent) amends the LUC to give the Director discretion to allow applications to proceed through
the review process under certain circumstances even if not all of the subject property is yet
controlled by the applicant. The applicant would have to show that, at the time of application, the
applicant has ownership of, or the legal right to ,use and control, the majority of the property to be
developed. The Director would then have to determine that reviewing the application would not be.
contrary to the public interest, and the applicant would need to agree not to record any documents
related to the processing of the application until the applicant had gained control of the entire
property. The applicant would also be required to indemnify the City against any third parry claims
related to the processing of the application. "
Mayor Weitkunat recused herself from the discussion of this item due to a possible conflict of
interest.
Laurie Kadrich, Director of Community Development and Neighborhood Services, stated the
Planning and Zoning Board recommended adoption of this Ordinance and recommended
238
December 18, 2012
strengthening the language in one section in order to make it clear that if a project was denied
through this process, that the actual owner of a property would still be able to seek an application
and not be affected by the six-month delay.
Ross Conniff, 2267 Clydesdale, suggested this option appears a bit heavy handed. He asked if other
cities have a similar process.
Eric Sutherland, 3520 Golden Currant, stated applications to the Urban Renewal Authority for tax
increment assistance are not to be received by the URA until the development review process for
the project has achieved certain objectives. He expressed concern that this takes away from property
owners' power.
Councilmember Horak asked if other cities have used a similar process. Kadrich replied she has not
checked with other cities specifically but stated other cities in which she has worked have allowed
applications to go forward under these circumstances.
Councilmember Poppaw read from an email from a citizen who was concerned that this could lead
to rampant permitted speculation solely for personal profit. Kadrich replied developers often have
purchase contracts which are dependent upon development approvals and the development process
is quite expensive; therefore, she does not believe this change will result in speculation as described.
Councilmember Poppaw asked if a trial period for this change would be an option. City Attorney
Roy replied it is an option.
Councilmember Manvel asked if the City's expenses are covered in the process if the submittal
terminates unsuccessfully. Kadrich replied the actual development process costs are covered. The
initial planning or discussion time leading up to the development is not covered; however, that is
no different than any other project.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 149, 2012, on Second Reading, with the addition of the language as mentioned by Kadrich.
Mayor Pro Tern Ohlson questioned why Land Use Code change suggestions made by Council could
take six to twelve months to enact when this change has moved much more quickly. City Manager
Atteberry replied this tool was developed for the Foothills Mall project, which has a certain level
of urgency. However, the tool could be used for additional projects.
Councilmember Troxell stated he would support the Ordinance as it is well -crafted.
The vote on the motion was as follows: Yeas: Manvel, Poppaw, Kottwitz; Horak and Troxell. Nays:
Ohlson.
(Secretary's note: Councilmember Kottwitz left the meeting at 7:15 p.m. and Mayor Weitkunat
returned at this point in the meeting.)
239
December 18, 2012
Ordinance No. 145, 2012,
Establishing a Moratorium on the Acceptance or Processing of Land Use
Applications, Permit Applications, and Other Applications Seeking
Approval to Conduct Oil and Gas Extraction or Related Operations
Within the City of Fort Collins, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
On December 4, 2012, Council considered regulation of oil and gas exploration and production and
unanimously voted to impose a six-month moratorium on the submission, acceptance, consideration
and approval of any all applications for City licenses, permits and other approvals related in any
way to oil and gas uses within the City. The moratorium will allow staffand Council time to further
investigate the extent of the City's authority to regulate such uses. In order to give the newly seated
Council time to consider the regulations to be developed during the moratorium, staff is
recommending that the moratorium be extended on Second Reading to seven months rather than six.
BACKGROUND /DISCUSSION
Local governments have considered the use afmoratoriums to postpone new oil and gas operations
within their jurisdictions, citing the need to craft and adopt local land use regulations and/or to
allow the state to address its rulemaking process as it relates to setbacks and water quality
regulations.
Current State Efforts Related to Oil and Gas regulation
The Colorado Oil and Gas Conservation Commission (COGCC) is currently considering
amendments to existing and proposed area of rulemaking: (1) water sampling and monitoring, and
(2) addressing well setbacks and noise. The Citysecured Party Statusfor both rulemaking hearings,
making Fort Collins the only city with such status. Party Status provides the City with an
opportunity to submit written comments on the state's proposals, recommend alternatives, and. a
greater length of time to speak before the Commission.
Water Quality:
The proposal under consideration adopts an industry -sponsored voluntaryprogram and makes that
program mandatory. Under this proposed program, baseline groundwater quality, samples would
be collected from two existing groundwater features, such as permitted and registeredgroundwater
wells or groundwater seeps and springs, which are located within 112 mile of the surface location
Of new oil and gas well pads, or additional wells on existing well pads. These samples will be
collected before drilling begins. A second sample will be collected from each groundwater feature
within one to three years after drilling -is completed. Fort Collins submitted comments on this
proposal, asking that additional samples are collected and for more frequent monitoring of water
wells to ensure water contamination does not occur. If the state's rules on water quality monitoring
are amended, the City may also need to modify proposed Land Use Code regulations as presented
in Option A or B or in development submittal requirements.
►m
December 18, 2012
Setbacks:
The state is reviewing its existing setback rules, with new rules anticipated by early 2013. Setbacks
for new wells from existing homes are an important consideration for several reasons — there is
uncertainty about emissions from well sites and the process of drilling and maintaining a well site
could cause noise, traffic and lighting impacts. The current setbacks for new wells are 150 feet from
an occupied structure, 350 feet from a high density area and 500 feet from some structures like
hospitals, schools, and nursing homes. Many groups recommend increasing the state setbacks from
homes to 1,000 or even 2, 000 feet. At the Commission hearing on setbacks, the City of Fort Collins
will seek additional setback distance from occupied buildings, greater powers for residents in
influencing site location proposals, and protection for community assets like natural areas and
parks.
City Council direction for additional work during moratorium
Monitor COGCC and present City Council recommendations (attachment 2) during the
rulemakingprocess as described above.Incorporate, as needed, any changes into proposed
Land Use Code (LUC) amendments.
Monitor COGCCand present City Council recommendations (attachment 2) to any relevant
bills considered during the 2013 State of Colorado Legislative Session, especially as any
further legislation is considered related to air or water quality.
Develop maps that address thefollowing:
o Identify the geological formations present within the City and the Growth
Management Area
0 Identify the locations of oil and shale gas deposits including the various formations
Map the locations of all wells within those areas and locations currently seeking
permits to drill and include mineral ownership information where available
Visually extend the setback criteria into the Growth Management Area
Identify areas currently exempt from drilling, and areas that would be exempt if
additional setback criteria were adopted by the COGCC
• Evaluate the impact ofproposed regulations on existing and future oil and gas operations
and consider code amendments as needed for addressing the differences in oil extraction
compared togas or methane production. Staffshould specifically consider whether soil gas
testing is needed for both.
• Update the Best Practice Matrix dated August 27, 2012 to include LUC Option A and B as
well as more specific information on street maintenance, financial consequences, local
impact fee, cultural resources, reclamation, and water source disclosure.
• Propose an intergovernmental agreement with Larimer County that ensures any oil andgas
activity within the GMA would be considered new development and as such annexed into the
city and permitted under the city's development process.
• Negotiate andpresent aproposalfor adopting an operator agreement with ProspectEnergy,
the owner and operator of the Fort Collins Field.
241
December 18, 2012
Re-engage the boards and stakeholder groups. and seek their recommendations regarding
the proposed LUC amendments (Option A or Option B).
Provide additional information regarding surface use agreements, especially as the
agreement relates to habitat fragmentation and restoration; include examples.
Identify areas that may be considered for a Designated Outside Activity Area, and have
setbacks from oil and gas activities in alignment with High Density Area setbacks.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading. In addition, in order to give the
newly seated Council time to consider the regulations to be developed during the moratorium, staff
is recommending that the moratorium be extended on Second Reading to seven months rather than
six. "
Laurie Kadrich, Director of Community Development and Neighborhood Services, stated the
moratorium for new applications or new activity within the city limits, or on City -owned lands
outside of the city limits, would run from December 28, 2012 through June 30, 3013. The purpose
of the moratorium is to allow the gathering of additional information that might influence the Land
Use Code process or other processes related to regulation in the city limits or on City -owned lands.
Additionally, this time will allow for new state regulations to be discussed. Kadrich reviewed
Council's recommendations for state regulations.
Ross Cunniff, 2267 Clydesdale, supported themoratorium and additional efforts to protect thehealth
and safety of the community.
Becky Boutz, Laporte resident, supported the moratorium and discussed potential health risks of
fracking.
Scott Hall, Prospect Energy, stated his company has gone above and beyond state regulations and
desires good community relations. He requested Council consider exempting the area in which his
company is drilling from the moratorium, during which time he has given his word that no
additional drilling or fracking will occur.
Rico Moore, Fort Collins resident, supported a ban on fracking.
Danny Esser, 2133 Ford Lane, requested the placement of a charter amendment to ban fracking on
the April ballot and supported a minimum of a nine month moratorium.
Valerie Cotton, Fort Collins resident, supported the moratorium.
Bill Jenkins, 710 Mathews Street, supported the moratorium as a step toward banning fracking.
Alex Barnett, 1601 Dogwood Court, discussed the nation's ability to juggle oil and gas exploration
with environmental impacts and public health. He supported the moratorium.
Philip Friedman, 201 South Grant, supported the moratorium and its possible extension.
242
December 18, 2012
Tom Hoehn, Fort Collins resident, supported the moratorium and requested that Council consider
working with the state to attain the research of independent groups regarding air and water quality
impacts of £racking.
Kevin Cross, 300 Peterson, Fort Collins Sustainability Group, supported the moratorium and
thanked Frack Free Fort Collins for its work. He requested that the moratorium be extended to nine
months and requested a charter amendment be placed on the April ballot to ban fracking.
Janice Lynne, Fort Collins resident, discussed air pollution resulting from fracking, supported the
moratorium, and requested the placement of a charter amendment to ban fracking on the April
ballot.
Bernadette Kissel, Fort Collins resident, expressed concern about the potential water use issues
resulting from fracking.
Bob Overbeck, 302 Parker Street, supported the moratorium.
Lea Pace, 2409 West Mulberry, supported a ban on fracking in Fort Collins.
Rose Lew, 2014 Westview Road, supported the moratorium.
Marley Hesser, 2133 Ford Lane, supported the moratorium and requested the placement of a charter
amendment to ban fracking on the April ballot.
Matt Martinez, Fort Collins resident, supported the extension of the moratorium to one year and
requested the placement of a charter amendment to ban fracking on the April ballot.
Warren Snyder, 1630 Collindale Drive, supported the extension of the moratorium to one year and
requested the placement of a charter amendment to ban fracking on the April ballot.
Mayah Hesser, 2133 Ford Lane, requested the placement of a charter amendment to ban fracking
on the April ballot.
Fred Kirsch, 2248 Shropshire Avenue, Community for Sustainable Energy, requested the placement
of a charter amendment to ban fracking on the April ballot.
Cheryl Distaso, 135 South Sunset Street, Fort Collins Community Action Network, supported the
extension of the moratorium to nine months and requested the placement of a charter amendment
to ban fracking on the April ballot.
Paul (last name indiscernible), supported the moratorium and opposed fracking in Fort Collins
Nancy York, 130 South Whitcomb, supported the extension of the moratorium to nine months and
requested the placement of a charter amendment to ban fracking on the April ballot.
City Attorney Roy discussed the revisions made to the Ordinance since First Reading. The period
of the moratorium has been extended to seven months in order to allow the newly seated Council
additional time to consider the issue prior to its first work session on the topic. Additionally, Section
243
December 18, 2012
3 of the Ordinance contains additional language relating to the termination of the moratorium. City
Attorney Roy noted Prospect Energy has submitted for consideration a version of the Ordinance
which excludes certain properties from the application of the moratorium.
CouncilmemberManvelasked about the timeline for state regulations. Dan Weinheimer, Policy and
Project Manager, replied the state legislative session lasts until May 9, 2013. The Colorado Oil and
Gas Conservation Commission rule -making is set to conclude January 7 or 8, 2013.
City Attorney Roy stated the Ordinance already contains a provision that would exempt maintenance
operations at existing oil wells and associated facilities. The proposed addition from Prospect
Energy would exempt certain lands, as described.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 145, 2012, including the extension of the moratorium to seven months, on Second Reading.
Councilmember Horak stated the City will work with Prospect Energy to create an operator
agreement during the period of the moratorium and thanked the citizens who have submitted
comments regarding the issue and encouraged them to stay involved in the process. He noted the
majority of developed Fort'Collins would not allow oil and gas development given the existing
setback rules.
Councilmember Manvel noted oil and gas extraction is still allowed on open lands and natural areas.
Mayor Pro Tern Ohlson asked about the time table for a charter amendment for the April election.
City Clerk Nelson replied it is not too late to get an amendment on the ballot.
Mayor Pro Tern Ohlson stated he would be supportive of the placement of a charter amendment on
the ballot and would also be supportive of a tracking ban. He encouraged citizens to be mindful of
the Council election in April.
Councilmember Troxell noted Fort Collins has never had an application for oil and gas drilling
within city limits. The existing operation was annexed into the city. He requested regular reports
from staff regarding the state process.
Councilmember Poppaw asked how recently any of the wells within the Growth Management Area
have been tracked. Weinheimer replied the most recent well to have been £racked in the Growth
Management Area was in October.
Councilmember Horak noted the importance of working with the Latimer County Commissioners.
regarding regulation and noted the geologic features in this area are different than those in Weld
County.
Councilmember Poppaw supported a ban on fracking.
Mayor Weitkunat supported the moratorium to allow the City to control its own destiny and become
a state leader in terms of regulations.
244
December 18, 2012
The vote on the motion was as follows: Yeas: Weitkunat, Manvel; Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 153, 2012,
Designating the Whitcomb Street Historic District as a Fort Collins Landmark District,
Pursuant to Chapter 14 of the City Code, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The Whitcomb Street Historic District contains 14 properties, which, together, form a cohesive
entity associated historically, architecturally, and developmentally with the 100 block of South
Whitcomb Street. The proposed district is generally bound on the north by Mountain Avenue, on
the south by Oak Street, and by alleys on the east and west sides. It consists ofthe twelve properties
that comprise the 100 Block of South Whitcomb Street and two properties historically associated
with the 100 Block of South Whitcomb Street, now addressed as 601 West Mountain Avenue and 612
West Oak Street. The period of significance dates from the oldest construction in 1889, to 1940,
when the newest ofthe historic dwellings was built on the last subdivided lot, seventy-two years ago.
Owners often of thefourteen properties have consented in writing to establishment ofthe Whitcomb
Street Historic District, desiring to protect their investments from redevelopment activities and to
become eligible for financial programs available to historic properties. Owners offour properties
are in opposition to the district, preferring to not have additional restrictions placed on their
properties, including review of exterior alterations or demolitions.
BACKGROUND /DISCUSSION
At the April 11, 2012 Landmark Preservation Commission meeting, Mr. Kevin Murray formally
submitted an application for the Whitcomb Street Historic District, on behalf of himself and other
property owners within the proposed district. Subsequently, the Commission held hearings to
consider the proposed district on August 8, 2012 and on October 10, 2012.
At its October 10, 2012 hearing, the Landmark Preservation Commission found that the area
proposed for designation forms a cohesive unit; that a large percentage of the primary historic
resources within the district are contributing to the district; that the district contains a
preponderance ofintegrity, and that the district is historically and architecturally significant to Fort
Collins under all three Standards. The Commission voted 7-0 to adopt Resolution No. 3, 2012,
recommending that Council approve the designation of the Whitcomb Street Historic District as a
Fort Collins Landmark District.
All of the properties comprising the Whitcomb Street Historic District, with the exception of a new
residence at 122 South Whitcomb Street, currently under construction, qualify for designation under
Standards I and 2 (social/developmental history and significant people). Under Standard 3
245
December 18, 2012
(architecture), all of the properties qualify except for 122 South Whitcomb and the dwelling at 113
South Whitcomb Street, significantly altered through a pop-up addition circa 1994.
FINANCIAL / ECONOMIC IMPACTS
Recognition of the Whitcomb Street Historic District as a Fort Collins Landmark District enables
owners of the thirteen contributing properties to qualify for federal, state and local incentive
programs available only to designated properties. Additionally, based upon research conducted by
Clarion Associates, and the experience of the Sheely Drive Historic Landmark District, it is likely
that all property owners, including the owners of the new residence at 122 South Whitcomb Street,
would see an increase in property valuefollowing landmark district designation. Clarion Associates
attributed this increase to the fact that future owners also qualify for thefinancial incentives; the
perception that designated properties are better maintained; the appeal of owning a recognized
historic landmark; and the assurance of predictability that design review offers. "
Karen McWilliams, Historic Preservation Planner, discussed the boundaries and period of
significance of the Whitcomb Street Historic District. Certain properties in the area will not be
included in the District. There are other Historic Districts within the city. She showed photos of
the properties to be included in the District and discussed the benefits of historic designation. wners
of ten of the fourteen homes to be placed in the District approve of the creation of the Historic
District. Owners of four properties are in opposition to the creation of the District and are opposed
particularly to the requirement that exterior renovations be approved. McWilliams presented the
Landmark Preservation Commission's findings.
Kevin Murray, 117 South Whitcomb, supported the creation of the Historic District.
Lane Kaley, 118 South Whitcomb, supported the creation of the Historic District.
Virginia Cross, 129 South Whitcomb, supported the creation of the Historic District.
Walter Hickman spoke on behalf of his father, Scott Hickman, 112 South Whitcomb, and opposed
the creation,of the Historic District.
John Volkins, 126 South Whitcomb, supported the creation of the Historic District.
Dan Manier, 125 South Whitcomb, supported the creation of the Historic District.
Bill Whitley, 1402 Waxwing Lane, supported the creation of the Historic District.
Veronica Lim, 108 South Whitcomb, supported the creation of the Historic District.
Suzanne Murray, 117 South Whitcomb, supported the creation of the Historic District.
Nancy York, 130 South Whitcomb, supported the creation of the Historic District.
Heather Manier, 125 South Whitcomb, supported the creation of the Historic District.
Dave Costlow, 121 South Whitcomb, opposed the creation of the Historic District.
246
December 18, 2012
Mayor Weitkunat asked why a property owner would not want to be part of a Historic District.
McWilliams replied historic landmark designation requires the review of any exterior renovations
to the property, per the Secretary of the Interior standards. Laurie Kadrich, Director of Community
Development and Neighborhood Services, noted the homeowner is unable to make a change if it
does not meet those standards. Additionally, the District requirements would need to meet historic
standards, as well.
Mayor Weitkunat asked about the decision maker for individually -eligible properties and
contributing versus non-contributing properties. McWilliams replied staff makes a recommendation
as to whether or not a property is individually eligible, contributing, or not contributing. to a District.
That information is acted upon by the Landmark Preservation Commission which creates a formal
Resolution to come before Council.
Councilmember Troxell asked about the zoning of the neighborhood. McWilliams replied the
neighborhood is in the Low -Density Mixed -Use Neighborhood zone.
Councilmember Troxell requested information regarding the financial benefits of historic
designation. McWilliams replied residential property owners can take advantage of twenty percent
state tax credits, zero interest rehabilitation loans annually of up to $7,500 of City funds that are
matching the property owners' funds, and design assistance program funds of $2,000 per property
per year. Additionally, staff assists with applications for state tax credits.
Councilmember Troxell asked who prepared the document for the Landmark District designation.
McWilliams replied the application submitted to the Landmark Preservation Commission was
initially prepared by members of the neighborhood, primarily by Kevin Murray. Staff then prepared
supplemental research and assessments.
Councilmember Troxell asked if third party validation exists. McWilliams replied verification
comes from professional staff with experience in this type of research.
Councilmember Troxell asked about standards for landmark designation. McWilliams replied there
are four standards for landmark designation in Fort Collins which mirror the national standards. One
is architecture, a standard which twelve of the fourteen Whitcomb properties meet. The,second is
community development and broad patterns of development. Thirteen of the properties meet that
standard, and thirteen of the properties meet the third standard for associated history.
Councilmember Troxell asked about the property selection. McWilliams replied the only property
excluded from the proposed district, per the application, is the property at 529 West Mountain
Avenue, which was at one time addressed on Whitcomb, but was built later than the rest of the
Whitcomb Street properties and in a completely different architectural style. That property is also
on the very edge of the proposed district.
Kadrich noted national standards do not allow gaps or holes within a District; therefore, the four
objecting property owners cannot be excluded.
Councilmember Troxell asked what constitutes continuity within the proposed District. McWilliams
replied the block of homes have similar styles, though each has had some changes.
247
December 18, 2012
Councilmember Troxell requested photos of each home and a larger map of the area prior to Second
Reading. He argued the point has yet to be made as to why this area should be a Historic District.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 153, 2012, on First Reading.
Councilmember Manvel stated there is plenty. of proof as to why this should be designated as
historic. He noted this designation would not freeze the area and disallow renovations.
Mayor Pro Tern Ohlson agreed with Councilmember Troxell regarding the graphics in the
presentation. He stated he would support the motion and commended the neighbors for their efforts
with the application. He stated Nancy York is a current community member of significance.
Councilmember Horak asked about the alternatives for individual designation versus district
designation and asked about size requirements for a District.
Councilmember Manvel asked about the history of the Laurel School Historic District.
Mayor Weitkunat expressed concern that the block does not represent an entire District. She stated
she would like to have all of the neighbors in agreement; however, stated she would support the
motion.
Mayor Pro Tern Ohlson noted individual designations would still allow. for properties in the area to
be scraped and rebuilt in a fashion not consistent with the area.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak.
Nays: Troxell.
THE MOTION CARRIED.
Ordinance No. 154, 2012,
Amending Article IV of Chapter 15 of the City Code relating
to Door -to -Door Solicitation, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
City Council adopted Ordinance No. 060,, 2011, which took effect on May 27, 2011. It established
a permitsystem regulating residential door -to door solicitation. The City's goal in regulating door-
to-door solicitation was to help protect the safety and privacy of residents in their dwellings. Since
implementing the permit system, staff has identified certain changes that they recommend be made
to the provisions to ensure that the permit system is working properly and effectively, and also to
allow staff to respond quickly and efficiently to violations of the Ordinance.
W.
December 18, 2012
BACKGROUND /DISCUSSION
In 2011, the "Green River Ordinance " was replaced to bring the City's regulations more in line with
the approach that many other Colorado cities had taken regarding residential solicitation. From
an administrative perspective, the first year of the ordinance has proceeded fairly smoothly.
However, certain aspects surrounding an out-of-state solicitation vendor in the summer of 2012
raised questions about the ordinance.
Under the Ordinance, residents have the following options for dealing with solicitors at their door:
Post a "No Trespassing" or "No Solicitation" sign, which prohibits all door-to-door
solicitation whether commercial or non-commercial. ,
Complete the online no -solicitation form, which prohibits commercial solicitations only.
Take no action, which allows all commercial and non-commercial solicitation.
The following are the Sales Tax Office and Police Services statistics to date:
4,439 households have signed up online for the no -solicitation list.
44 companies have been issued two-year permits to solicit in the City of Fort Collins. Ofthe
44 companies, 7 have out -of --state addresses.
Licensing and Citation Statistics
2011
2012 YTD
Number of Calls to
Police Services
97*
114*
Total Citations Issued
17
22
Number of Repeat Offenders
Issued 2 citations
I
I
Number of Citations Issued to Solicitors with a
Permit
4**
4***
Number of Badges Suspended or Revoked
2
6
Number o Permits Suspended or Revoked
0
1
*The remaining calls were closed under the following circumstances: unable to
locate; unfounded; warning; gone on arrival.
**The badges in connection with 2 of these citations w� re suspended.
***The permit and badges in connection with all 4 citations were revoked.
There'are currently three kinds of remedies available to the Cityfor violation of the Ordinance:
Suspension or revocation of the identification badge of individual solicitors.
Suspension, revocation, or non -renewal of the permit; and/or
Criminal prosecution of the solicitor(s) and/or permit holder.
Staff has met to discuss the Solicitation Ordinance and is recommending the following process
improvements:
A weekly report will be generated by Police Services itemizing all solicitation calls that will
be sent directly to the Sales Tax office, along with copies of all police reports and citations
issued will be sent to Sales Tax for monitoring of repeat offenders.
249
December 18, 2012
The Sales Tax office will review the reports when received and take appropriate actions to
warn, suspend, or revoke the permit holders. This process will foster better communication
between staff at the Sales Tax Office and Police Services, and facilitate a quicker response
time to handle violations.
Tighter policies and procedures should be put in place, including criteria to determine how
and when a permit or badge holder will be suspended or revoked.
The criteria in the policies and procedures used to determine if a violation warrants a suspension
or revocation will include the following:
• Inadvertently vs. knowingly violating the Ordinance
• Repeated violations
• Prior warnings
• Any threatening, harassing or intimidating behavior
• Misrepresentation
• Likelihood offuture violations
In addition, staff is making the following recommendations to amend the Ordinance:
• Clarify that the owners of multi family dwellings and other buildings housing multiple
occupants may post a sign prohibiting solicitation on behalf of all such occupants.
• Authorize the Financial Officer to suspend a badge and/or permit.
• Require those that supervise solicitors to complete a criminal background check
• Incorporate more clearly defined due process requirements.
• Limit the requisite criminal background check to the ten (10) years immediately preceding
the permit application.
• Eliminate the current requirement ofa sales tax deposit.
• Add a misdemeanor offense for displaying a badge unlawfully after suspension or
revocation.
• Add a provision requiring a$50 deposit for a badge, to be refunded at the expiration of the
term of the badge or upon revocation or voluntary relinquishment.
In addition to proposing these Code amendments, management staff will be working with the City
Attorney's Office to review and possibly revise prosecution policies.
PUBLIC OUTREACH
On December 5, 2012, staff issued a letter to all permitted solicitation vendors notifying them of the
proposed changes to the City's door-to-door solicitation ordinance.
In the spring of 2013, staff will initiate an outreach campaign which will educate citizens on the
requirement to update their inclusion on the no -solicitation list which will expire on the two- year
anniversary of the ordinance in May of 2013. The outreach will also educate citizens about the
pending updates to the ordinance and provide a refresher on the methods to stop solicitors from
knocking on their door. "
250
December 18, 2012
Jessica Ping -Small, Sales Tax Manager, discussed the history of the solicitation ordinance within
the City and discussed violations of the existing permit -system solicitation ordinance. Staff is
recommending that supervisors of solicitors be required to get a background check and that all
background checks be limited to the previous ten years. Staff is also recommending that repeat
violators, who have previously lost a badge, receive a misdemeanor offense. Additionally, staff is
recommending a $50 deposit per solicitor badge. Policy improvements include regular
communication with Police Services.
Ross Conniff, 2267 Clydesdale, stated citizens do not know who to call regarding a violation. He
suggested a clarification regarding the placement of handbills on doors and approaching
homeowners outside homes.
Eric Sutherland, 3520 Golden Currant, requested additional clarification as to why there is a
distinction made between multi -family and single-family units in this Ordinance.
Councilmember Manvel asked about the seemingly low number of recent complaints. Ping -Small
replied current complaints are immediately transferred to Police Services in order to track each call;
therefore the number is believed to be accurate.
Councilmember Manvel asked about the difference between a single-family and multi -family
residences. City Attorney Roy replied the Ordinance that banned solicitation meant the government
was making the choice for the property owner. From a policy standpoint, if Council prefers to allow
each tenant to make a choice, that alternative can be examined.
Mayor Pro Tern Ohlson stated he has not heard of any issues with multi -family posting. City
Attorney Roy replied this is not a change in law or a change in enforcement practices from the way
in which it has been interpreted and applied historically. This clarification came from a citizen
inquiry as to how the phrase "at or near the entrance to the premises" was interpreted. Staff made
the decision to interpret the phrase to be consistent with past practices.
Mayor Pro Tem Ohlson asked if all entrances at each complex will be posted. Ping -Small replied
the Ordinance specifically says "at or near all entrances to such a building that face a public street
or right-of-way, and thereby prohibit solicitation at any dwelling unit contained in such building."
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 154, 2012, on First Reading.
Councilmember Manvel stated he would support the motion, but would like additional information
regarding the multi -family dwelling issue prior to Second Reading.
Councilmember Troxell stated he would support the motion.
Mayor Pro Tern Ohlson stated he would not support the motion as he does not support the ability
of one entity to make the decision for many multi -family units.
Councilmember Poppaw stated she would not support the motion for the same reason.
251
December 18, 2012
Councilmember Horak made a motion, seconded by Councilmember Poppaw to amend the motion
to remove the multi -family provision.
City Attorney Roy requested the latitude to examine the issue prior to Second Reading.
The vote on the motion to modify the Ordinance to remove the multi -family provision was as
follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak. Nays: Troxell.
THE MOTION CARRIED.
Mayor Weitkunat supported the changes to the Ordinance.
The vote on the motion to adopt the Ordinance as amended on First Reading was as follows: Yeas:
Weitkunat, Manvel, Ohlson, Poppaw, Troxell and Horak. Nays: none.
THE MOTION -CARRIED.
Ordinance No. 155, 2012,
Amending Section 2-483 of the City Code So as to Make the Conflict of
Interest Provisions Contained in Article IV, Section 9 of the City Charter
Applicable to the Members of the Board of Commissioners of the
Fort Collins Urban Renewal Authority, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance would amend the City Code so that the ethical rules that apply to the City Council
will also apply to the URA Board of Commissioners. The City Council Ethics Review Board has
recommended this change since, in Fort Collins, the URA Board consists of the members ofthe City
Council itself.
BACKGROUND / DISCUSSION
Article IV, Section 9 of the City Charter contains certain conflict of interest rules that apply to all
Officers and employees ofthe City. Under those rules, an "officer or employee " ofthe City is defined
as "any person holding a position by election, appointment or employment in the service ofthe city,
whether part-time or full-time, including a member of any authority, board, committee or
commission ofthe city, other than an authority that is: (1) established under the provisions ofthe
Colorado Revised Statutes; (2) governed by state statutory rules of ethical conduct; and (3)
expressly exempted from (the Charter conflict of interestprovisions) by ordinance ofthe Council. "
The Fort Collins Urban Renewal Authority ("URA') has been established by the City Council under
the provisions contained in Title 31, Article 25, Part I of the Colorado Revised Statutes. The
statutory ethical rules that apply to officers and employees of URAs are different than those
contained in the Charter. Because City Code Section 2-483 presently exempts the URA from the
provisions of Article IV, Section 9 of the Charter, the state statutory rules, rather than Charter
conflict of interest rules, apply to the officers are employees of the URA.
252
December 18, 2012
The state statutory conflict ofinterest rule most directly applicable to the URA is the rule contained
in C.R.S. § 31-25-104(3), which prohibits commissioners and other officers and employees of
authorities and their immediate family membersfrom acquiring any interest in any project or in any
property included or planned to be included in any project, or from having any interest, direct or
indirect, in any contract for materials or services to be furnished or used in connection with any
project This state ethical rule is less restrictive than the conflict of interest rules contained in the
Charter, in that the Charter rules not only prohibit of and employees of the Cityfrom having
any financial interest in decisions that may come before them but also from having any 'personal
interest" in such decision, as that term is defined in the Charter.
Under state law, an authority may either be comprised of the members of the governing body that
create the authority or of other appointed members. In Fort Collins, the URA Board consists of the
Council itself.
The City Council Ethics Review Board, which is authorized under City Code Section 2-569(c)(4)
to propose any revisions to the City rules of ethical conduct, has recommended that, in view of the
fact that the City Council has designated itself as the board of commissioners of the Authority, the
City Code should be amended so as to apply the same ethical rules of conduct to the Authority as
apply to the Council. The ordinance would make that change. "
City Attorney Roy stated the City Charter conflict of interest rules exclude the members of an
Authority of the City, if the Authority was established by the City under state law, if state law
establishes its own conflict of interest or ethical rules for that Authority, and if the City Code
specifically exempts the Authority from the Charter conflict of interest rules. At this point, all of
those conditions are true for all of the Authorities established by the City. The Urban Renewal
Authority Board consists of the City Councilmembers. The Council Ethics Review Board has
recommended that the Code be modified to eliminate the exemption of the Urban Renewal Authority
Boardmembers from the Charter ethical rules.
Eric Sutherland, 3520 Golden Currant, stated there is conflict of interest language in the state
statutes that embodies Urban Renewal Authorities.
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 155, 2012, on First Reading.
Mayor Weitkunat stated she would not support the motion as the URA should be differentiated per
state statute.
The vote on the motion was as follows: Yeas: Manvel, Ohlsoh, Poppaw, Horak and Troxell. Nays:
Weitkunat.
THE MOTION CARRIED.
Resolution 2012-122
Accepting Advisory Opinion and Recommendation
No. 2012-3 of the Ethics Review Board, Adopted
The following is the staff memorandum for this item.
253
December 18, 2012
"EXECUTIVE SUMMARY
Under City Code Section 2-569, City Councilmembers maypresent to the Council Ethics Review
Board inquiries regarding the application of state or local ethical rules to actual or hypothetical
situations involving potential conflicts of interest. On December 7, 2012, the Ethics Review Board
met for the purpose of responding to an inquiry submitted to the Board by Mayor Weitkunat and
CouncilmemberManvel. The question submitted is whether, in the Board's opinion, either ofthem
has a conflict of interest in participating in upcoming decisions of the City Council regarding the
possible redevelopment of the Link-n-Greens property by Woodward, Inc. The Mayor and
Councilmember Manvel presented the question because of the proximity of their respective
businesses to the redevelopment site. As required by the Code, the Board has forwarded its opinion
and recommendation to the full Council for its consideration. The Board opinion indicates that
neither Mayor Weitkunat or Councilmember Manvel has a conflict of interest in this, situation.
Adoption of the Resolution would indicate that the majority of the Council agrees with the Board's
opinion and recommendation. "
Mayor Weitkunat and Councilmember Manvel recused themselves from the discussion of this item
due to potential conflicts of interest.
City Attorney Roy discussed the inquiries submitted -by Mayor Weitkunat and Councilmember
Manvel.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-122. ,
Councilmember Horak noted the properties in question, owned by Mayor Weitkunat and
Councilmember Manvel, were deemed to be outside the area of influence of this potential
redevelopment as they are on the south side of Riverside Avenue.
The vote on the motion was as follows: Yeas: Ohlson, Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 146, 2012,
Amending Section 2-596 of the City Code and Setting
the Salary of the City Manager, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
City Council met in executive session on November 13, 2012, to conduct the performance review
of City Manager Darin Atteberry. Ordinance No. 146, 2012, establishes the salary of the City
Manager at $207,063. "
Eric Sutherland, 3520 Golden Currant, opposed the Ordinance, stating City Manager Attebeny, as
the Director of the Urban Renewal Authority, is pledging millions of dollars of tax increment funds
to a private entity.
254
December 18, 2012
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 146, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell.
Nays: none.
THE MOTION CARRIED.
Ordinance No. 147, 2012,
Amending Section 2-581 of the City Code and Setting
the Salary of the City Attorney, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
City Council met in Executive Session on November 13, 2012 to conduct the performance review
of City Attorney Steve Roy. Ordinance No. 147, 2012, establishes the 2013 salary of the City
Attorney at $170,662. "
Eric Sutherland. 3520 Golden Currant, opposed the Ordinance, citing the lack of a redevelopment
agreement made with the Rocky Mountain Ionosphere.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 147, 2012, on Second Reading.
Councilmember Poppaw thanked City Manager Atteberry and City Attorney Roy for their service
to the community.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Resolution 2012-119
Adopting an Updated City Investment Policy, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of the Interagency Loan Program is to support City services, missions, and values by
making loans to outside entities such as the Urban Renewal Authority and the Downtown
Development Authority while maintaining an adequate rate or return for the City.
The 2012 Updated Investment Policy includes the following significant changes:
1. A Purpose Statement was added to the Inter -agency Loan Program
2. The name changed from Inter fund Borrowing Program to Inter -agency Loan Program.
3. The loan must be evidenced by it promissory note
255
December 18, 2012
4. The interest rate is the higher of Municipal Bonds or Treasury Bill rate plus 0.5%
5. A nexus is not required for utility funds
6. Approval from oversight board is required
7. Maximum loan term is 25 years
8. Restrictions on total loans made to Governmental and Enterprise funds.
BACKGROUND /DISCUSSION
The Inter fund Borrowing Program was originally adopted in 2008 by Resolution 2008-121.
FINANCIAL /ECONOMIC IMPACTS
The updated policy will address guideline changes for how the City address the financing needs of
related entities that are supported by the City but do not possess the financial strength of the City
of Fort Collins. In challengingfinancial markets, the Inter -agency Loan Program may also enhance
the yield the City earns on its investment portfolio.
BOARD / COMMISSION RECOMMENDATION
The City Council Audit and Finance Committee reviewed this policy on October 15, 2012. "
Eric Sutherland, 3520 Golden Currant, stated approved agreements should be executed.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2012-119.
Councilmember Manvel expressed appreciation for the updates.
Mayor Weitkunat noted the Finance Committee approved these changes.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.'
Adjournment
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, that the Council
cancel the January 1, 2013 City Council meeting which, under Section 2-28(a) of the City Code,
would need to be held the preceding night, which is New Year's Eve, if it were not cancelled. Yeas:
Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none.
The meeting adjourned at 10:30 p.m
ATTEST:
City Clerk
256