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Home My WebLink AboutMINUTES-01/15/2013-RegularJanuary 15, 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, January 15, 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: Horak, Manvel, Ohlson, Troxell and Weikunat. Staff Members Present: Atteberry, Nelson, Roy. (Secretary's Note: Councilmember Kottwitz arrived at 6:02 p.m. and Councilmember Poppaw arrived at 6:31 p.m.) Agenda Review City Manager Atteberry recommended that Item No. 15, Items Relating to Public Service Company of Colorado's Request for Utility Easements and Temporary Construction Easements Across Four Natural Areas Owned by the Natural Areas Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline, be placed on the Discussion Agenda. He stated the Mason Minute staff report and Item No. 26, Hearing and Resolution 2013-003 Making Findings Ratifying and Confirming the Approval of the Midtown Urban Renewal Plan, Including the use of Tax Increment Financing in a Portion of the Urban Renewal Area, and Ratifying and Confirming the Authorization to Acquire Real Property by Eminent Domain for Subsequent Transfer to a Private Party, have been withdrawn from the agenda. Citizen Participation John Fye, 1405 Briar -wood Road, discussed the right to bear arms in quotes from founding fathers. Bill Mullaney discussed alleged crimes in the Larimer County justice system and relating to City officials. Stacy Lynne, 305 West Magnolia, discussed Judge Field and opposed the Judge's refusal to recuse herself from Ms. Lynne's custody case. Mary Vivo, Women's Resource Center, thanked the City for its continued support of women in the area. Jennifer Hahnke, Women's Resource Center, announced Walk with a Doc, a national free program. Dolores Williams, 415 Mason Court, supported a ban on fracking. 257 January 15, 2013 Mike Pruznick, 636 Castle Ridge Court, discussed mid -year board vacancies and opposed the Avago tax incentive package. Jamie Grim, 300 South Sherwood, stated Congressman Polis has opened an office in Fort Collins at 300 East Horsetooth. Mayah Hesser, 2133 Ford Lane, opposed fracking: Leo Buccellato, 2238 Iroquois Drive, supported a ban on fracking. Marley Hesser, 2133 Ford Lane, supported the placement of a charter amendment to ban fracking on the April ballot. Rico Moore, 721 West Myrtle, supported the placement of a charter amendment to ban fracking on the April ballot. Eric Sutherland, 3520 Golden Currant, stated public trust is lost when officials are not completely honest. Fred Kirsch, Fort Collins resident, Community for Sustainable Energy, supported a ban on fracking and stated a petition has been circulated in support of the placement of a charter amendment to ban fracking on the April ballot. Devin Himing, 2214 Fossil Creek Parkway, discussed similarities between the nuclear weapons industry and the fracking industry. David Bell, Fort Collins resident, supported the placement of a charter amendment to ban fracking on the April ballot. Janice Lynne, 218 South Washington, supported the placement of a charter amendment to ban fracking on the April ballot. Matthew Martinez, Frack Free Fort Collins, invited Council to attend its forum regarding fracking with State Senator John Kefalas, and State Representatives JoAnn Ginal and Randy Fisher in February. He supported the placement of a charter amendment to ban fracking on the April ballot. Cheryl Distaso, 135 South Sunset, Fort Collins Community Action Network, supported the placement of a charter amendment to ban fracking on the April ballot. Eric Levine, 1601 North College, Fort Collins Sustainability Group, supported the placement of a charter amendment to ban fracking on the April ballot. Rose Lew, 2014 Westview Road, supported the placement of a charter amendment to ban fracking on the April ballot. Ross Conniff, 2267 Clydesdale, Energy Board Chairperson, supported the placement of a charter amendment to ban fracking on the April ballot and discussed the Energy Board's 2013 work plan. 258 January 15, 2013 Danny Hesser, 2133 Ford Lane, supported a ban on fracking: Susan Hall, Broomfield resident, supported the placement of a charter amendment to ban tracking on the April ballot and stated water should not be traded for oil. I , Nancy York, 130 South Whitcomb, supported the placement of charter amendment to ban fracking on the April ballot. Citizen Participation Follow-up Councilmember Kottwitz asked about the issue relating to Mr. Pruznick's Water Board appointment concerns. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the November 27, 2012 Adjourned Meeting and the December 4 and December 18, 2012 Regular Meetings. 7. Second 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 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. This Ordinance, unanimously adopted on First Reading on December 18, 2012, authorizes the use of eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 8. Postponement of Second Reading of Items Relating to the 2012 Streets and Stormwater Site Development Initiatives to February 5, 2013. A. Second 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. Second 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. 259 January 15, 2013 Staff is requesting postponement of Second Reading of these Ordinances to February 5, 2013, in order to allow time to further explore methods as to what process and/or approval methods should be required in order for individual property owners to change landscaping in the parkways adjacent to their homes. 9. First Reading of Ordinance No. 001, 2013, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Pro rg am. The Recreation Division was awarded a seven month sub -grant from the Coalition for Activity and Nutrition to Defeat Obesity (CANDO) in the amount of $54,052. The Recreation Division will utilize these funds to hire a part-time program coordinator, two bilingual program staff and to fund program participant admissions to the Northside Atzlan Community Center. 10. First Reading of Ordinance No. 002, 2013, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. A grant in the amount of $36,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Accountability Incentive Block Grants (JAIBG) 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. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm caused by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. 11. First Reading of Ordinance No. 003, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Unit. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month grant in the amount of $32,000 for the period from January 1, 2013 to December 31, 2013, by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. This grant will fund part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for some of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 12. First Reading of Ordinance No. 004, 2013, Authorizing the Lease of City -owned Property at 208 North Howes Street and a Portion of 230 Laporte Avenue for up to Five Years. This Ordinance will authorize a lease of City -owned property located at 208 North Howes Street and a portion of 230 Laporte Avenue for up to five years. 260 January 15, 2013 13. First Reading of Ordinance No. 005, 2013, Approving a Fifth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath's possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. In late February 2012, a third amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries. Another extension is needed, and Ordinance No. 005, 2013, will extend the period of time within which the parties' Growth Management Area boundaries are to be amended for an additional six months.. If the City Manager and the Timnath Town Manager decide that additional time is needed to complete the boundary amendments, and if they also agree that both municipalities have been working diligently to accomplish the amendments, they can agree to additional extensions without having to bring the matter back to their governing bodies. 14. Items Relating, to the Hansen Farm Annexation and Zoning, A. Resolution 2013-001 Setting Forth Findings of Fact and Determinations Regarding the Hansen Annexation. B. Hearing and First Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation. C. Hearing and First Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins, Colorado. The applicant and property owner; HTC, LLC (McWhinney), has submitted a written petition requesting annexation of 69.42 acres into the City, located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is primarily vacant with the exception of a farmhouse (single-family dwelling). It is in the FA1 — Farming Zone District in Larimer County. The requested zoning for this annexation is NC — Neighborhood Commercial (6.33 acres), MMN — Medium Density Mixed -Use Neighborhood (16.69 acres), and LMN — Low Density Mixed -Use Neighborhood (46.40 acres). The surrounding properties are currently zoned FA 1 - Farming in Larimer County to the south, east and west; beyond which, to the west, is the Union Pacific Railroad and the Southridge Golf Course and, to the south, is LMN — Low Density 261 January 15, 2013 Mixed -Use Residential and MMN —Medium Density Mixed -Use Neighborhood; RL— Low Density Residential and LMN— Low Density Mixed -Use Residential to the north in the City. 15. Items Relating to Public Service Company of Colorado's Request for Utility Easements and Temporary Construction Easements Across FourNatural Areas Owned by the Natural Areas - Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline. A. First Reading of Ordinance No. 008, 2013, Authorizing the Conveyance of a Non - Exclusive Utility Easement and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of Colorado. B. First Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a Non -Exclusive Utility Easement, and a Temporary Construction Easement on Colina MariposaNatural Area to Public Service Company of Colorado. C. First Reading of Ordinance No. 010, 2013, Authorizing the Conveyance of a Non - Exclusive Utility Easement and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado. D. First Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non -Exclusive Utility Easements on Kingfisher Point Natural Area to Public Service Company of Colorado. Public Service Company of Colorado (PSCo), an Xcel Energy company, is requesting easements within four Natural Areas owned by the City of Fort Collins Natural Areas Department (NAD) to construct, operate, and maintain approximately 2.6 miles of high pressure gas pipeline. The proposed project is part of the larger West Main Natural Gas Pipeline Replacement Project (West Main Project) that encompasses Larimer, Weld, and Boulder Counties. The project will replace an existing eight inch gas pipeline that is 83 years old and at the end of service life with a 16 inch high pressure gas pipeline. The proposed project will traverse the city north to south and will impact the road surface and traffic along Shields Street, Horsetooth Road, and Timberline Road. As proposed, approximately 2.6 miles of the gas transmission pipeline will require new easements to cross four City Natural Areas: Coyote Ridge, Colina Mariposa, Hazaleus, and Kingfisher Point. Existing easements for the gas pipeline are located within Kingfisher Point and portions of Coyote Ridge. The portion of the pipeline to be constructed within NAD properties will affect approximately 31 acres. All areas impacted by the proposed project will be restored as outlined in NAD's Resource Protection Standards. Existing vegetation not otherwise avoided by boring is dominated by non-native grasslands that have low resource value. Restoration of the alignment will utilize only native grasses and forbs. PSCo recognizes the impacts this project will have on the City of Fort Collins streets and traffic and on the Natural Areas. PSCo is offering $2,000,000 as mitigation for the impacts and as compensation for the easements across the four natural areas. Additionally, PSCo is 262 January 15, 2013 offering "in kind" projects and services as additional compensation valued by PSCo at approximately $650,000. If the Natural Area easements are not granted, PSCo will construct the pipeline in the street right-of-way which would have greater impacts on traffic, on the street infrastructure and on the ease and safety of future maintenance work due to the proximity to other utilities in the street right-of-way. The $2,000,000 in mitigation funds, which includes $166,362 in compensation to Natural Areas, may be used to fund the construction of a 10 foot wide concrete regional trail along the east side of Shields Street from Fossil Creek Drive south towards Loveland across natural areas that are being disturbed due to the gas line project or the City Council may decide to use the funds for other purposes: If Council decides to use the funds for other purposes, Natural Areas would legally need to receive the $166,362 in compensation. 16.. First Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non -Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. Public Service Company of Colorado ("PSCo"), has planned the West Main High Pressure Natural Gas Line Replacement Project to install an underground 16-inch high pressure gas transmission pipe from southwest Loveland north through Fort Collins to Vine Street. As part of this Project, PSCo is requesting a utility easement and a temporary construction easement across the eastern portion of two properties owned by the City for stormwater purposes located adjacent to McClelland Drive. Construction of the pipeline will occur during a similar timeframe as the construction of the MAX BRT improvements within McClelland Drive. The majority of the pipeline will be bored underneath the City property to avoid above -grade disturbances. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 7. Second 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. 22. Items Relating to Medical Marijuana. A. Second Reading of Ordinance No. 142, 2012, Repealing and Reenacting Chapter 15, Article XVI of the City Code in Accordance with a Voter Approved Citizen -Initiated Ordinance Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses. B. Second Reading of. Ordinance No.143, 2012, Amending the Land Use Code in Accordance with a Voter Approved, Citizen -Initiated Ordinance Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses. 23. Second 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. 263 January 15, 2013 24. Second Reading ofOrdinance No. 154, 2012, Amending Article IV of Chapter 15 of the City Code Relating to Door -to -Door Solicitations (Option A or Option B). 25. Second 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. Ordinances on First Reading were read by title by City Clerk Nelson. 9. First Reading of Ordinance No. 001, 2013, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. 10. First Reading of Ordinance No. 002, 2013, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. 11. First Reading of Ordinance No. 003, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Unit. 12. First Reading of Ordinance No. 004, 2013, Authorizing the Lease of City -owned Property at 208 North Howes Street and a Portion of 230 Laporte Avenue for up to Five Years. 13. � First Reading of Ordinance No._ 005, 2013, Approving a Fifth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. 14. Items Relating to the Hansen Farm Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 006, 2013, Annexing Property.Known as the Hansen Annexation. C. Hearing and First Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins, Colorado . 15. Items Relating to Public Service Company of Colorado's Request for Utility Easements and Temporary Construction Easements Across Four Natural Areas Owned by the Natural Areas Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline. A. First Reading of Ordinance No. 008, 2013, Authorizing the Conveyance of a Non - Exclusive Utility Easement and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of Colorado. B. First Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a Non -Exclusive Utility Easement, and a Temporary W'111 January 15, 2013 Construction Easement on Colina Mariposa Natural Area to Public Service Company of Colorado. C. First Reading of Ordinance No. 010, 2013, Authorizing the Conveyance of a Non - Exclusive Utility Easement and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado. D. First Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non -Exclusive Utility Easements on Kingfisher Point Natural Area to Public Service Company of Colorado. 16. First Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non -Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. Councilmember Manvel made a motion, seconded byCouncilmemberTroxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Troxell asked about the hiring duration relating to Item No. 9, First Reading of Ordinance No. 001, 2013, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. Marty Heffernan, Community Services Director, replied this grant is designed to provide unique funded fitness opportunities. Existing hourly staff will provide the majority of the staffing needs and some funding will be used to provide additional hours to those staff members. Councilmember Manvel expressed appreciation relating to Item No. 10, First Reading of Ordinance No. 002, 2013, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund,for the Restorative Justice Program. Councilmember Reports Mayor Weitkunat reported on a meeting between the City, Larimer County and Poudre School District. She stated the interim school superintendent has been meeting with Sheriff Smith and Police Chief Hutto regarding school security and safety. Items Relating to Public Service Company of Colorado's Request for Utility Easements and Temporary Construction Easements Across Four Natural Areas Owned by the Natural Areas Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline, Adopted on First Reading The following is staff s memorandum for this item. 265 January 15, 2013 "EXECUTIVE SUMMARY A. First Reading of Ordinance No. 008,2013, Authorizing the Conveyance ofallon-Exclusive Utility Easement and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of Colorado. B. First Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a Non -Exclusive Utility Easement, and a Temporary Construction Easement on Colina Mariposa Natural Area to Public Service Company of Colorado. C. First Reading of Ordinance No. 010, 2013, Authorizing the Conveyance ofa Non -Exclusive Utility Easement and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado. D. First Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non - Exclusive Utility Easements on Kingfisher Point Natural Area to Public Service Company of Colorado. Public Service Company of Colorado (PSCo), an Xcel Energy company, is requesting easements within four Natural Areas owned by the City of Fort Collins Natural Areas Department (NAD) to construct, operate, and maintain approximately 2.6 miles of high pressure gas pipeline. The proposed project is part of the larger West Main Natural Gas Pipeline Replacement Project (West Main Project) that encompasses Lorimer, Weld, and Boulder Counties. The project will replace an existing eight inch gas pipeline that is 83 years old and at the end ofservice life with a 16 inch high pressure gas pipeline. The proposed project will traverse the city north to south and will impact the road surface and traffic along Shields Street, Horsetooth Road, and Timberline Road. As proposed, approximately 2.6 miles of the gas transmission pipeline will require new easements to cross four City Natural Areas: Coyote Ridge, Colina Mariposa, Hazaleus, and Kingfisher Point. Existing easements for the gas pipeline are located within Kingfisher Point and portions of Coyote Ridge. The portion of the pipeline to be constructed within NAD properties will affect approximately 31 acres. A11 areas impacted by the proposed project will be restored as outlined in NAD's Resource Protection Standards. Existing vegetation not otherwise avoided by boring is dominated by non-native grasslands that have low resource value. Restoration ofthe alignment will utilize only native grasses and forbs. PSCo recognizes the impacts this project will have on the City of Fort Collins streets and traffic and on the Natural Areas. PSCo is offering $2,000,000 as mitigation for the impacts and as compensation for the easements across the four natural areas. Additionally, PSCo is offering "in kind "projects and services as additional compensation val ued by PSCo at approximately $650, 000. If the Natural Area easements are not granted, PSCo will construct the pipeline in the street right- of-way which would have greater impacts on traffic, on the street infrastructure and on the ease and safety of future maintenance work due to the proximity to other utilities in the street right-of-way. The $2,000,000 in mitigation funds, which includes $166,362 in compensation to Natural Areas, may be used to fund the construction of a 10 foot wide concrete regional trail along the east side 266 January 15, 2013 of Shields Street from Fossil Creek Drive south towards Loveland across natural areas that are being disturbed due to the gas line project or the City Council may decide to use the fundsfor other purposes. If Council decides to use the funds for other purposes, Natural Areas would legally need to receive the $166,362 in compensation. BACKGROUND /DISCUSSION In late 2011, PSCo approached NAD to discuss the West Main Project and the need to replace an existing naturalgas pipeline located within several City -owned Natural Areas. This discussion also revealed several major streets within the City would be impacted by the project. As such, Cirystaff from several departments worked with PSCo to discuss the proposed alignment and to discuss alternative alignments that minimized impacts to the City. The proposed Project is an important part of PSCo 's service plan to upgrade the existing natural gas transmission system along the northern Colorado Front Range with new natural gas pipelines that meet current safety, service, capacity, and reliability requirements while also meeting the increasing demandfor natural gas in Lorimer County. The existing 83 year old natural gaspipeline has reached the end of its service life, requires safety upgrades, and cannot reliably meet the growing system demands to deliver natural gas. A component of the reviewprocess is to evaluate potential impacts to natural and cultural resources found within the Natural Areas along the proposed route. In addition, NAD requested PSCo evaluate alternate routes that avoided or minimized impacts to Natural Areas. A summary of the natural resource surveys and alternate route analysis is provided below. Biological and Vegetation Resources Four separate field surveys were conducted within the Natural Areas to understand the natural resource values within the proposed and alternate alignments. The survey area for the project is a 1000 foot wide strip centered on the proposed alignment. The initial site survey was conducted between March 22 and April], 2012, with a follow-up survey on April 13, 2012. The purpose of this survey was to perform a general reconnaissance of the land to be affected by the project, both within and outside ofthe Natural Areas. Each Natural Area along the route was surveyed. At the request of NAD, a second survey (June 18, 2012) occurred within Coyote Ridge and Cathy Fromme Prairie to conduct a formal wetland delineation of the area. Additionally, a general biological survey was conducted to help identify alternate pipeline alignments that reduced impacts to natural resources. y The third field survey was conducted (August 3-9, 2012) to determine if habitat suitable for threatened and endangered species was found within or near any alignment. Species considered for this survey included Ute ladies'tresses (Spiranthes diluvialis Sheviak), Colorado butterfly plant (Guara neomexicana ssp. coloradensis) and the Preble's meadowjumping mouse (Zapus hudsonius preblei). No species or suitable habitat was found within the survey area. The U.S. Fish and Wildlife Service concurred with PSCo's determination that federally listed species are unlikely to be adversely affected by the project. 267 January 15, 2013 The fourth survey (September 25 and October 6, 2012) was conducted to delineate wetlands on the remaining Natural Areas in the project area. Five basic vegetation types were identified in the surveys: native mixed grass prairie; agricultural lands; riparian, palustrine emergent wetlands, and disturbed/developed lands. Native grasslands were limited along the alignments and described as low-qualitypatches ofnative grass species often interspersed or surrounded by development. The vast majority ofgrasslands within the alignment are dominated by non-native species, predominately smooth brome (Bromus inermis). Wetlands are found along drainages crossed by the proposed alignment. PSCo intends to avoid impacts to the wetlands by boring beneath the wetlands. Surface disturbance from the bores will occur in the upland areas dominated by non-native grasses. The US Department of Army, Corps of Engineers reviewed the project in accordance with Section 404 of the Clean Water Act and determined that a Department of Army permit would not be required for the project. Cultural Resource Surveys A file search was conducted by the Colorado Historic Society's Office of Archaeology and Historic Preservation (OAHP) to evaluate known cultural resources within one mile of the proposed and alternate routes. The OAHP database contains records ofall cultural resources investigations that have been conducted. The Class T.survey revealed one potentially eligible site located within 500 feet of the proposed alignment. This site is the Colorado Central Railroad (5LR173.1) located on the eastern side of Shields Street in the County -owned Long View Open Space. This site is not within the proposed alignment and will not be impacted by the project. If any previously unknown historic or prehistoric site or artifact is discovered during construction activities, all land altering activities will be suspended until such time that appropriate measures can be taken to ensure compliance with the National Historic Preservation Act. Alternative Alignment Analysis Several alternatives to the proposed alignment were evaluated as outlined in the Natural Area and Conserved Lands Easement Policy (Easement Policy). Each is summarized below: Taft Hill Road. The project was initially proposed to enter into the City along Taft Hill Road and cross portions of Coyote Ridge and Cathy Fromme Prairie and would require approximately one mile ofnew gas pipeline to be constructed across Cathy Fromme Prairie to connect with the existing valve stations located along Shields Street. This connection would also have resulted in a new above ground valve set or regulator station within Cathy Fromme Prairie. Cathy Fromme Prairie. The project was initially proposed to cross the eastern portion of Cathy Fromme Prairie just to the west of Shields Street. PSCo proposed to construct the gas pipeline by boring under a large portion of the property. However, upon completion of biological, geotechnical, cultural and utility surveys and an engineeringfeasibilityassessment, the decision was made to avoid this site and construct the gas pipeline within the existing Shields Street alignment. The assessment indicated that it was not feasible to bore underneath Cathy Fromme without January'15, 2013 extensive surface grading and subsequent impacts to native vegetation, and the removal ofseveral mature trees on the north side of Fossil Creek. Long View Farm Open Space. Inconsideration of a possible trail construction project following the gas. pipeline project, NAD requested that PSCo evaluate crossing Long View Farm east of Shields Street as opposed to crossing Coyote Ridge located west of Shields Street. This would place the gas pipeline project in the same location as the proposed alignmentfor a planned regional trail. This alignment was not feasible due to lack ofavailable space caused by the Union Pacific Railroad rights -of -way and Platte River Power Authority's buried transmission line and related induced current hazards. U.S. 287. This alternative was eliminated primarily based on the fact it is more than one mile from the existing natural gas pipeline and would require considerable additional connection facilities (new gas pipelines and regulator stations). Parallel Union Pacific Railroad near Timberline Road. This alternative would have minimized impacts to the streets by avoiding Timberline Road by aligning the natural gas pipeline parallel and adjacent to the Union Pacific right -of --way west firom Horsetooth to Prospect Road, although it would not have reduced impacts to the natural areas. This alternative was eliminated based on the proximity of other utilities which precluded the siting of the natural gas pipeline immediately west ofthe existing railroad, and the railroad right-of-way occupies the undeveloped portion immediately east ofthe existing railroad. Natural gas pipelines are prohibited within the railroad right-of-way. Based on the alternative route evaluation, the current proposed alignment was selected and will cross Coyote Ridge (1 mile), Colina Mariposa (I mile), Hazaleus (0.62 mile) and Kingfisher Point (0.56 mile in right-of-way adjacent to Kingfisher and 0.16 mile within Kingfisher). The easement request and impacts to natural -resources are discussed below for each Natural Area Coyote Ridge Natural Area Existing Easements PSCo has an existing easement (dated May 31, 1929) in the northeast quarter of Section 27, T6N, R69W (see Attachment 2). This easement is considered a "blanket" easement in that it allows for parallel pipelines to be constructed anywhere within this quarter section for the transportation of oil and gas. As discussed in the Easement Policy, properties owned by the City are often subject to easements granted by prior owners. In these circumstances, the Policy directs staff to work with the easement owner to try -and establish terms and conditions or specific project plans consistent with the terms of the Policy in connection with any such prior easements or rights -of -way. Though PSCo does not require anew easement to cross this portion of Coyote Ridge, PSCo has worked with NAD staff to reduce the size of the easement necessary to construct and maintain the gas pipeline (50 foot wide) and to replace the existing easement with a new easement that is more consistent with City standards. Also, PSCo conducted all the required surveys to help establish two alignment alternatives. The preferred alignment shown in Attachment 2 is in the general location of the current gas pipeline. However, this alignment is within the buffer areas of two mammal dens and 269 January 15, 2013 two raptor nests. If the dens and/or nests are occupied during the construction period, PSCo will consult with NAD to determine if the best approach is to move to an alternative alignment outside of the buffer zones, construct during allowable timeframes (outside of nesting or denning seasons), or bore beneath the den and nest area, staying outside of the buffer zones. Once the pipeline is constructed, the legal description describing the new 50 foot utility easement alignment, which will be within the existing blanket easement, will be prepared, and PSCo will then vacate or terminate the existing blanket easement. New Easements PSCo is requesting a new 50 foot wide non-exclusive utility easement (6.035 acres) and one temporary construction easement over three locations as shown in Attachment 2. The locations of the temporary construction easements include a 25-foot wide area paralleling the permanent easement (3.018 acres), and two 60, 000 square foot areas (2.674 acres total) to support the boring operation and for equipment and material storage. The proposed permanent easement is located adjacent to and paralleling the existing Shields Street rights -of -way and is outside ofthe anticipated future roadway. Shields Street will be widened to an arterial 4-lane street according to the 2010- 2011 update of the Master Street Plan. The proposed easement is located within a wheat field and no native vegetation exists. All topsoil will be removed prior to construction, stored on site, and replaced after project completion. The site will return to agricultural activities until -restored to native grasslands by NAD in the future. Colina Mariposa Natural Area Existing lease PSCo leases land from the Cityfor the existing "Shaft" valve set (See Attachment 3). The lease was entered into in 1993 by the previous owner of the property, and features an annual term with the abilityfor PSCo to perpetually renew the lease as long as they pay the lease payment on time. New Easements PSCo is requesting one permanent exclusive utility easement for the area of the "Shaft" valve set to replace the existing, lease (0.135 acre), one 50 foot wide permanent non-exclusive easement (6.033 acres), and one temporary construction easement over six locations as shown in Attachment 3. The temporary construction easement includes a 25 foot wide area paralleling the permanent non-exclusive easement (2.924 acres), five small areas totaling approximately 0.177 acres to allow for construction access, and a 28, 576 square foot (0.656 acre) area to support boring operations and for material and equipment storage. The proposed permanent non-exclusive easement is located adjacent to the existing Platte River Power Authority easement and underground transmission line. Vegetation within the easements consists of non-native grasses dominated by smooth brome. Few scattered low quality patches of native mixed grass occur within the area. Two wetlands were delineated within the easement alignment on this property. PSCo will bore underneath the wetlands to avoid impacts to this sensitive habitat. Upland areas impacted by the project will be restored to native grasslands as outlined in the General Resource Protection Standards. 270 January 15, 2013 Hazaleus Natural Area New Easements PSCo is requesting a 50 foot wide permanent non-exclusive utility easement (3.811 acres), one 25- foot wide temporary easement across the western boundary of Hazaleus and one temporary construction easement overfive locations as shown in Attachment 4. The temporary construction easements consist of a 25 foot wide area paralleling the permanent non-exclusive easement (1.905 acres), a 60, 000 square foot area (L 337 acre) and a 95,800 square foot area (2.199 acre) to support boring operations and for equipment and material storage, and three small areas totaling approximately 0.09 acres for temporary construction access. The proposed permanent easement is located adjacent to the existing rights -of -way paralleling Shields Street and is outside of the future roadway as described in the 2010-2011 update of the Master Street Plan. The proposed easements are located within an upland non-native plant community dominated by smooth brome. Two delineated wetlands are located within the easement alignment. PSCo will bore underneath the delineated wetlands and avoid impacts to these sensitive habitats. The project site does occur within the 114 milebuffer area of a red-tailed hawk' nest. If the nest is occupied, construction activity will not occur in the buffer area between March 1 and July 15. Uplands impacted by the project will be restored as outlined in the General Resource Protection Standards. Kingfisher Point Natural Area Existing Easements and Right of Way The existing gas pipeline is found within an existing undeveloped road right-of-way and a license area across Kingfisher Point that was in place when the City purchased the property (see Attachment 5). The intent of the project is for the gas pipeline to remain in the same general alignment. However, PSCo must obtain approval from the Army Corps of Engineers and the City Floodplain Administer to cross an existing levee along the Cache La Poudre River. If approval is not obtained, the proposed alignment must be routed around the levee and the easement alignment modified. NAD plans to seek the vacation of the existing old road right-of-way across Kingfisher Point, which contains three utility lines. One is a PSCo buried electrical line, and the remaining two are City of Fort Collins buried utility lines. PSCo has no object to such vacation. The existing License agreement will be terminated as well, once the new easements are in place. Vegetation within the gas pipeline alignment is a mixture of non-native and native dominated grasslands and grass/shrubland mix. Construction of the pipeline will utilize two methods: open trenching within the existing road right-of-way paralleling Timberline Road from the levee south to the Kingfisher property boundary; and boring beneath the existing undeveloped road right-of-way from the levee north and underneath the Cache la Poudre River to the north bank. The use ofboring will avoid disturbance to the restored grassland on Kingfisher Point, the Poudre River Trail, and riparian and riverine habitat along the Cache la Poudre. Open trenching will impact native grasslands and shrublands that occur within the existing right-of- way adjacent to Timberline Road. Impacts to the site will be restored using native grasses and 271 January 15, 2013 shrubs as outlined in the General Resource Protection Standards. Also, Timberline Road is identified to be widened io an arterial 4-lane road according to the 2010-2011 update of the Master Street Plan. The restored site will be impacted if Timberline is widened as planned. New Easements Two 50 foot wide permanent non-exclusive utility easements will be required once the existing right of way is vacated and the License Agreement is terminated. One easement will be for the gas pipeline constructed as part of the West Main Project and the second will be for PSCo's existing underground electrical line. Though PSCo does not require new easements to cross this portion of Kingfisher Point, PSCo has worked with NAD staff to replace outdated and less desirable agreements with contemporary easement agreements that are more consistent with City standards. FINANCIAL / ECONOMIC IMPACTS PSCo recognizes the impacts this project will have on the City of Fort Collins streets and traffic and on the Natural Areas. PSCo is offering $2,000,000 as mitigation for the impacts and as compensation for the easements across the four Natural Areas. The value of the total compensation for the easements is $172,672, broken down as follows: easements value appraised at $83,557 (permanent easement valued on average at $5,515/ac; temporary at $880/ac); Ecosystem Impact Fees were calculated to be $23,155; and the Restoration Maintenance Fees were calculated to be $65, 940. As outlined in the Easement Policy, PSCo has provided $7, 500 to reimburse NAD for staff time and expense to administer the easement process. Staff continues to track time spent on this project and will be reimbursed for any additional time. As such, the total compensation value to NAD may need to be adjusted upward to cover additional staff time and expense to administer the easement process. The $2,000,000 in mitigation funds, which includes $172,672 in compensation to Natural Areas, may be used to fund the construction of a 10 foot wide concrete regional trail along the east side of Shields Street from Fossil Creek Drive south to Loveland across Natural Areas that are being disturbed due to the gas line project or for other uses as determined by City Council. Additionally, PSCo is offering the following "in kind "projects and services as additional mitigation valued by PSCo at approximately $650, 000: • $155,200 - Value of an existing utility easement across Meadow Springs Ranch that PSCo will Quit Claim to the City. • $60, 000 — PSCo provided surveys, engineered plan and profile, and geotechnical information to the Cityfor future trail planning and design. • $120, 000 —PSCo will attempt to acquire rights -of -way for the regional trail across private properties south of Fossil Creek. This value includes the staff time to obtain and the anticipated cost to acquire the easements. • $317, 000- PSCo will terminate or vacate the existing blanket easement across Coyote Ridge and existing defined license area across Kingfisher Point in exchange for the defined easements across the properties. PSCo has identified the value added to the City by removing substantial encumbrances to the title of NAD property. 272 January 15, 2013 ENVIRONMENTAL IMPACTS The proposed alignment for the project was selected based on the mitigation hierarchy to avoid, minimize and mitigate impacts to natural resources. Several alignment alternatives were evaluated based on engineering feasibility and anticipated impacts from the project. The current alignment was selected as it avoids several impacts relative to alternate alignments. Site specific surveys were conducted to better understand vegetation and wildlife resources within and near the proposed alignment. This information was used to refine the site selection, establish timing limitations if needed, and to help identify key natural resources to avoid. This information was used to identify areas where construction techniques such as boring can be used to avoid impacts. Some impacts from a project of this scope and scale are inevitable, and PSCo will be compensating the City for the lost Ecosystem Goods and Services from the project. All areas impacted,by the proposed project will be restored as outlined in NAD's General Resource Protection Standards. Existing vegetation not otherwise avoided by boring is dominated by non- native grasslands that have low resource value. Restoration of the alignment will utilize only native grasses and forbs. If approved by City Council the 10-foot wide concrete regional trail will be constructed across Hazaleus and Colina Mariposa Natural Areas within the area disturbed by the gas line project, which will eliminate the disturbance of constructing the trail in the future. BOARD / COMMISSION RECOMMENDATION The West Main Project was discussed with the Land Conservation and Stewardship Board (LCSB) during the October 10, 2012, September 12, 2012, and August 10, 2012 meetings (see Attachment 7). NAD staff will request a formal recommendation from the LCSB to City Council at its January 9, 2013 meeting. The recommendation and minutes from this meeting will be provided to Council in the Read -Before packet provided for the January 15, 2013 City Council meeting. PUBLIC OUTREACH Three open houses were held in Larimer County to share the overall plan with the public. A total of 3,409 property owners within 750 feet of the preferred and alternate pipeline routes within Fort Collins were notified of the meetings. Open houses were held as follows: 1. February 29, 2012 at the Walt Clark Middle School in Loveland from 4 to 7 pm. 2. March 8, 2012 at the Fort Collins Marriott in Fort Collins from 4 to 7 pm 3. October 25, 2012 at the Lincoln Center in Fort Collins from 4 to 7 pm A Meeting Summary Report for each open house is provided as Attachment 6. In addition, a West Main project website(www.xcelenergywestmainpipeline.com) was created to provide updated information on the project and related open houses. " 273 January 15, 2013 Mark Jackson, Planning, Development, and Transportation Deputy Director, discussed the easement request and noted it is part of a much larger project. He stated staff has worked with Xcel to determine a preferred alignment to minimize impacts to major roads and residential areas. Daylan Figgs, Senior Environmental Planner, stated four natural areas are included in this request. Two techniques are being employed to reduce impacts to high resource areas: timing limitations and horizontal boring. Figgs discussed the input received from the Land Conservation and Stewardship Board, which recommended approval of the easements. Mayor Weitkunat complimented staff on the presentation. Councilmember Horak asked about the decision to realign the work from Horsetooth to Drake. Jackson replied the original route would have impacted primary arterials that have residences along them, as well as businesses and schools. Additionally, those, streets were recently repaired. Drake Road is in need of repair and the McClelland route was selected as construction will already be occurring as part of the MAX project. While there will still be impacts to residences and businesses, those impacts are not as great as they would have been. Councilmember Horak asked about public outreach for the project. Jackson replied Xcel is committed to a full public information and outreach plan. The City is also working closely with Xcel on this plan. Councilmember Horak asked how mitigation for additional police and other needs is being addressed. Randy Blank, Xcel Pipeline Project Manager, stated this is a two-year project within Fort Collins and the north end of McClelland is the approximate termination point for 2013. The north and east areas will occur in 2014. Impacts to McClelland will be complete by September 1, 2013. Traffic is proposed to remain in a limited capacity on all roads during construction, with the exception of McClelland. Councilmember Troxell asked if the City has an operating or franchise agreement with Xcel and asked if this line supplies Fort Collins directly. Blank replied this line is the main supplier of natural gas to Fort Collins. City Manager Attebeny replied the operating agreement question would be, addressed later. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 008, 2013, on First Reading. Mayor Pro Tern Ohlson commended the Xcel project team on working with the City to minimize impacts. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 009, 2013, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. OIL'] January 15, 2013 THE MOTION CARRIED. Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 010, 2013, on First Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 011, 2013, on First Reading. Councilmember Horak emphasized the importance to public outreach regarding roadway impacts. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. , . 1• THE MOTION CARRIED. Resolution 2013-002 Adopting "The Parking Plan: Downtown and Surrounding Neighborhoods" as an Element of the City's Comprehensive Plan and Adopting Related Changes to the Transportation Master Plan, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY The Parking Plan: Downtown and Surrounding Neighborhoods (the Plan) updates City parking policies contained in the adopted 2004 Downtown Strategic Plan. The Plan provides a vision for a comprehensive and integrated parking program, evaluates existing conditions, identifies key parking issues, and proposes principles, policies and action items on a variety of parking topics. The Plan will serve as a guide for addressing long-term parking issues by City staff, City Council, and the community. BACKGROUND /DISCUSSION The Plan provides a vision and approach, for parking in the downtown and neighborhoods adjacent to downtown and Colorado State University. The key concept is that parking is part of a larger strategy for enhancing the downtown, and the parking program will support business, economic, and neighborhood vitality. Parking management strategies will work together and be integrated with other community economic, environmental, and social goals. A summary of key recommendations, drawn from the Plan's principles, policies, and actions, are as follows: On -Street Parking Management Continue existing level of on -street parking enforcement. 275 January 15, 2013 • Provide a pay -by -cell phone option to allow customers to"extend parking time beyond the two-hour limit. • Enhance collaboration between the City and downtown employers to shift employees away from on -street parking in high demand locations. • Mitigate spillover impacts through a neighborhood parking permit program. • When the issue ofover-occupancy becomes untenable to downtown employers (as measured by a set of performance "triggers'), shift to on -street pay parking that maximizes customer convenience and payment options. Public Parking Infrastructure • Establish public -private partnerships resulting in smaller, distributed parking garages around the downtown where public parking is needed. • Develop a long-term funding plan for public parking infrastructure based on community, downtown, and development funding sources. • Create andfund a parking infrastructure fund to be ready when public private opportunities present themselves. • Promote the conversion of surface parking to structured parking over time. • Promote the use of parking reduction measures such as MAX Bus Rapid Transit. • Provide electrical vehicle charging stations in public facilities, both on- and off-street. Parking for New Development Establish a fair and equitable method of accounting for the parking impacts of new development. In lieu of establishing minimum parking requirements, the new approach includes the following components: (1) a parking impact fee correlated to the amount of new parking provided and the level of parking mitigation; (2) new Transportation Impact Study requirements for providing information about changes in parking demand, parking impacts, and parking mitigation measures; and (3) the potential for public private partnerships for the creation of new parking infrastructure that serves multiple need. Organization, Customer Service, and Bicycle Parking Continue direct engagement with the City and downtown stakeholders on parking decision - making. Enhance the downtown experience through a clear and identifiable marketing, education, and communication strategy. Provide effective bicycle parking requirements and facilities. Changes to Content from the Preview Draft Plan The content of the draft Parking Plan has not changed significantly since the July 16, 2012 preview draft, exceptfor Policy 5.2 — Cost of Residential Permit Program (RPP). Based on the acceptance of budget offer 69.1 in the City Manager's Recommended Budget, the language was amended to reflect the sharing of program costs between the City and permit holders. 276 January 15, 2013 FINANCIAL / ECONOMIC IMPACTS The Plan includes several action items that will require funding in order to be accomplished. The following Budgeting for Outcome offers were funded for 2013-14: Neighborhood permit program (Offer 69.1) Electric Vehicle Public Charging Stations Pilot Program (Offer 113.1) Several other action items were not funded: Parking Infrastructure Fund (Offer 242.1) Parking Plan Implementation —Implements a variety of action items including a funding plan (including a parking impact fee), public private partnership criteria, vehicle and bicycle parking data collection, Transportation Impact Study requirements, and a marketing/communications program (Offer 67.10) Other action items, as indicated in the Plan, will be submitted in the 2015-16 BFO funding cycle unless another source of funds is made available before that time. The Parking Plan contains an evaluation of economic impacts ofparking alternatives on pages 25- 34. ENVIRONMENTAL IMPACTS There are a number of ways in which parking impacts the environment. One major issue is that of vehicles trolling for parking spaces, which can worsen congestion and air quality and create an unsafe environment for pedestrians. A second issue is the "heat-island" effect of large expanses ofasphaltparking lots, which absorb sunlight and increase air andsurface temperatures. Increased temperatures lead to more energy used to keep buildings cool, increase amounts ofozone pollution, and decreased health and comfort. A third issue is stormwater runoff and reduced water quality from surface parking lots. Finally, large parking lots can create an unfriendly environment for pedestrians and bicyclists and walking distances become longer. The Plan contains a section on Sustainability and Parking (page 14) and a Triple Bottom Line analysis which identifies the environment impacts of three parking alternatives (pages 25 - 34). The Plan addresses the environmental impacts through a high -quality, integrated, and comprehensive parking management program. The Plan recommends giving top priority to on- streetparking in high demand locations to Downtown patrons (Principle 2) and shift employees into lower demand parking locations (Principle 3). The Plan recommends shared parking (Policy 6.5), reducing overall downtown parking ratios (Policy 7.1), efficient use of parking (Policy 7.2), structured parking (Policy 7.3), a `park once" approach to enhance pedestrian linkages (Policy 7.4), support downtown transit and provide mobility options (Policies 7.5 — 7.11), and bicycle parking improvements (Policies 9.1— 9.4). 277 January 15, 2013 BOARD / COMMISSION RECOMMENDATION Downtown Development Authority (DDA) On August 9, 2012, the Downtown Development Authority voted 4-1 to draft a letter to City Council thanking City stafffor the workperformed in draftingthe parking plan; asking them to consider the recommendations of the Parking Plan Expert Advisory Panel; and recommending the creation of a hybrid organization such as an authority, commission, or district, of downtown stakeholders to set parking policy with strong City oversight. The dissenting vote was based on a concern with the creation of a new parking organization. The letter, dated September 13, 2012 stated that the DDA Board strongly encourages the City Council to consider the more challenging path to achieve an optimized parking management program for the Downtown and neighborhoods by adopting the stronger recommendations of the parking advisory panel as part of the Plan. These recommendations include the "shift to a stakeholder participatory governance structure" and "on -street pay parking in the form recommended in the [Expert Advisory] panel's report ". , Transportation Board On August 15, 2012, the Transportation Board voted 4-2, with one abstention, to recommend approval of the overall Parking Plan with the exception of the neighborhood and development fees. The dissenting votes were based on concerns with the proposed neighborhood permit program and parking impact fees. Planning and Zoning Board On August 16, 2012, the Planning and Zoning Board unanimously voted to recommend approval of the Draft Parking Plan to City Council. Air Quality Advisory Board On September 19, 2012, the Air Quality Advisory Board unanimously voted to recommend City Council adopt the Plan with the following three modifications: Accelerate the implementation ofpaid downtown parking. Implement clear requirements for new development to address the parking requirements for employees, customers, residents and service providers. These can include setting the requirements for the support of minimum parking equivalents and for the support of alternative modes of transportation. 3. Engage Colorado State University in order to understand and support its strategy for providing student parking on and near campus. These modifications are intended tofurther the complex balance among business owners, community interests, and citizens. W. January 15, 2013 PUBLIC OUTREACH City Council has previously held two work sessions and several small group meetings on the Plan, asking questions and providing policy direction. In addition, the Plan included four rounds of public outreach which included public open houses, stakeholder interviews, meetings with City boards and commissions, (Transportation Board, Downtown Development Authority, Planning and Zoning Board, Air Quality Advisory Board, and Economic Advisory Commission) community organization meetings (Downtown Business Association, Chamber of Commerce, UniverCity Connections), and a questionnaire. Many comments were received and changes were made based on the extensive feedback. The public process is described in more detail in the Plan on pages 83 - 86 and Appendices C, D, and E. " Timothy Wilder, Senior City Planner, discussed the public outreach conducted throughout the process.. He discussed the key recommendations of the Parking Plan. The Planning and Zoning Board and the Air Quality Advisory Board both recommended adoption of the Parking Plan. The Transportation Board also recommended adoption, but had some reservations regarding two issues. The Downtown Development Authority did not support the plan and had reservations regarding a parking organization and pay parking issues. Short-term action items are those for which funding sources have been identified. Long-term action items are those for which there is no known funding at this point. The Resolution for consideration will make the Parking Plan an element of City Plan and would provide updates to the Transportation Master Plan, based on the Parking Plan's recommendations. Eric Sutherland, 3520 Golden Currant, questioned the definition of "world class city." Bryan Payne, 4033 Berwick Lane, suggested parking in the garages should be changed to two free hours, with on -street parking being limited to one free hour. He asked if the electric car charging stations are free to use. Michael Short, Downtown Business Association Executive Director, acknowledged the work done by Randy Hensley and Timothy Wilder and commended the process by which the plan was developed. He supported the original recommendation of the creation of parking organization with a governance board comprised of public and private stakeholders. Patty Spencer, Downtown Development Authority Boardmember, encouraged Council to consider adoption of the stronger recommendations of the Parking Advisory Panel. Rich Shannon, Pinnacle Consulting Group, encouraged Council to oppose the Parking Plan as presented as it is missing the parking organization aspect. Lorna Reeves, Downtown Business Association President, encouraged the creation of a downtown parking organization and opposed the adoption of the Parking Plan as presented. Jim Reidhead, 707 West Mountain, Downtown Business Association Boardmember, stated the Parking Plan as presented is not the Plan recommended by the Parking Advisory Panel, nor is the plan endorsed by the DBA or DDA. 279 January 15, 2013 Ed Stoner, 2301 Eddy Lane, encouraged Council to adopt the recommendation of the Parking Advisory Panel, including the joint parking organization, rather than the proposed Parking Plan. Mayor Weitkunat asked about the differences between the staff recommended Plan and the Parking Advisory Panel recommendation. Wilder replied the Expert Advisory Panel Report was commissioned in 2011 and covered a wide range of issues. The Report was viewed as a key piece of information and most of its recommendations were included in the Parking Plan, with the exception of the parking organization. Randy Hensley, Parking Services and Transportation Budget Manager, stated he does not view the lack of inclusion of a formal parking organization as reason not to adopt the entire proposed Parking Plan. He stated he would support the formation of an ad -hoc committee. Councilmember Horak stated he would like Council to be presented with a Resolution creating a parking commission. Following the formation of that commission, the Parking Plan should be revisited. " Mayor Pro Tern Ohlson asked for clarification from Councilmember Horak. Councilmember Horak replied he would prefer a commission be created to first review the Plan prior to its adoption. Councilmember Manvel agreed regarding the formation of a commission; however, he supported adoption of the Parking Plan as presented. Councilmember Troxell stated he would support adoption of .the Plan as is with continued engagement to arrive at a formal parking district. Mayor Weitkunat agreed with Councilmember Troxell and stated a formal parking district or commission would need to include members from all aspects of the community. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-002. Councilmember Manvel stated staff should look into possibilities regarding a formal parking district or commission. Mayor Pro Tent Ohlson noted there was significantly more input regarding the possibility of a parking commission than any other parking issue. Councilmember Kottwitz agreed with Councilmember Horak's suggestion to not adopt the Plan until a formal commission has been formed and reviewed the Plan. Councilmember Horak stated he would support adoption of the Plan, though it may make more sense to let a commission review it first. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. MCI January 15, 2013 Items Relating to Medical Mariivana. Adopted on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 142, 2012 XVI of the City Code in Accordance with c Repealing and Reenacting Chapter 15, Article Voter Approved Citizen -Initiated Ordinance Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses. B. Second Reading of Ordinance No. 143, 2012, Amending the Land Use Code in Accordance with a Voter Approved, Citizen -Initiated Ordinance Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses. These ordinances are. being presented to the City Council as a result of the passage of a citizen - initiated measure, Measure 301, on November 6, 2012. The stated purpose of Measure 301 is to strictly regulate, control, and permit a limited number of state -authorized medical marijuana businesses within the City of Fort Collins. Both Ordinances were adopted on First Reading on December 4, 2012 by vote of 5-1 (Nays: Troxell). Ordinance No. 142, 2012, repeals the sections of Chapter 15 of the City Code that were enacted to ban such businesses and replaces those sections with Measure 301. Ordinance No. 143, 2012, addresses changes specific to the Land Use Code that are also necessary to implement Measure 301. On February 21, 2012, the City Council adopted Ordinance No. 010, 2012, which deleted all references in the Land Use Code to medical marijuana businesses, disallowing any medical marijuana businesses in any zone district within the city limits. In order to fully implement Measure 301, it is necessary to put the previous references to such businesses back into the Land Use Code, thereby once again allowing those businesses in certain zone districts. BOARD / COMMISSION RECOMMENDATION At its December 20, 2012 meeting, the Planning and Zoning Board unanimously voted to recommend approval of Ordinance No. 143, 2012. " Ginny Sawyer, Neighborhood Administrator, briefly discussed the Ordinances and noted the Planning and Zoning Board unanimously voted to recommend adoption of Ordinance No. 143, 2012. Steve Ackerman, Fort Collins resident, asked about the process used to determine license fees. He opposed the rate of the fee and compared it to that of a liquor license, which is a much lower fee. Eric Sutherland, 3520 Golden Currant, suggested implementing taxes on electrical consumption for marijuana grows. Mayor Weitkunat requested information regarding licensing fees. Sawyer replied the fees are set individually by municipalities and are based on staff time required for processing licenses and inspection; Fort Collins' fees are not out of line with other communities. 281 January 15, 2013 Mayor Pro Tern Ohlson requested assurance there will be a review of cost -recovery consistency for all types of businesses. . Councilmember Troxell asked if the possession of marijuana is still against federal law. City Attorney Roy replied the possession, use, and distribution of marijuana is against federal law. Councilmember Troxell asked if the City collecting fees from illegal businesses puts those funds at risk. City Attorney Roy replied the City is not undertaking any special precautions in the way in which it collects and handles fees related to this process. Councilmember Troxell asked if the City is taking any special precautions with the industry in terms of the health and safety.ofits employees, specifically relating to the petitions themselves. City Clerk Nelson replied her staff would photocopy or wear gloves for any type of instance where a physical paper may be deemed potentially harmful. Sawyer replied staff has been in touch with Police Services and Poudre Fire Authority in terms of chemicals and safety. Police Captain Don Vagge replied there are no specific safety concerns with routine inspections. Personal protective devices are wom when large-scale grows have been dismantled. Councilmember Troxell asked about the community safety implications of cash businesses. Vagge stated his understanding was that the banking industry will not allow these businesses to run their proceeds through the usual banking stream. Increased criminal activities are certainly possible with cash -heavy businesses. Councilmember Troxell asked about the implications of these Ordinances with regard to multi- family businesses. Sawyer replied Amendment 64 allows growing for any citizen; therefore, the City Ordinance that bans growing in multi -family residences will most likely need to be repealed. Nothing related to growing is part of these Ordinances as it is not part of Measure 301. Councilmember Troxell .stated an election complaint was filed with regard to Measure 301 and Amendment 64 and asked about the disposition of that complaint. City Attorney Roy replied the status has not changed since his last report to Council; an agreement is being reached among the attorneys as to how one person involved might be interviewed. The investigation has not yet been brought to closure. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 142, 2012, on Second Reading. Councilmember Kottwitz expressed concern with the fact that marijuana is illegal federally and that there are safety and health concerns. However, she stated she would support the Ordinance as it is an initiative passed by the citizens of Fort Collins. Councilmember Troxell stated he would not support the Ordinance as marijuana is still against federal law and the health and safety of City employees are put at risk. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak. Nays: Troxell. THE MOTION CARRIED. 282 January 15, 2013 Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 143, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Horak. Nays: Troxell. THE MOTION CARRIED. (Secretary's Note: The Council took a brief recess at this point in the meeting.) 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 Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on December 18, 2012 by a vote of 54 (Nays: Troxell), will designate the Whitcomb Street Historic District as a Landmark District. The proposed District contains 14 properties and is generally bound on the north by Mountain Avenue, on the south by Oak Street, and by alleys on the east and west sides. Owners often ofthefourteen 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. " Karen McWilliams, Historic Preservation Planner, discussed Council's adopted policies with regard to Historic Preservation within Fort Collins. She reviewed Fort Collins' existing Historic Districts and the Laurel School National Register District. The Whitcomb Street Historic District consists of fourteen properties with ten owners consenting to the District formation. The District is located in the NCM — Neighborhood Conservation Medium Density District. Nancy York, 130 South Whitcomb, supported the Historic District designation. Myrne Watrous, 723 West Olive, supported the Historic District designation and suggested that each homeowner apply for individual landmark status: Kevin Murray, 117 South Whitcomb, opposed the Historic District designation. Dave Costlow, 121 South Whitcomb, opposed the Historic District designation. John Volkins, 126 South Whitcomb, supported the Historic District designation. Lane Kaley, 118 South Whitcomb, supported the Historic District designation. Councilmember Troxell commended the staff presentation and requested additional information regarding the NCM zoning district. Laurie Kadrich, Director of Community Development and Neighborhood Services, stated the NCM district is Neighborhood Conservation Medium Density. 283 January 15, 2013 The basic permitted uses are subject to development review and include single-family and two- family dwellings, shelters for victims of domestic violence, and limited commercial and retail uses. Councilmember Troxell asked about the definition of "conservation" in the district name. Kadrich replied the designation is intended to preserve the character of areas that have a predominance of developed single-family and low- to medium -density multi -family housing, and have been given this designation in accordance with an adopted sub -area plan. Councilmember Troxell asked how the conservation aspect is maintained within the City's normal processes. Kadrich replied it is maintained through the review of any kind of requested permits or development. Councilmember Troxell asked what percentage of consenting homeowners is required for a Historic District. McWilliams replied Fort Collins does not have a percent, but puts the burden on City Council to make a decision. The National Register's standard is just over fifty percent. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 153, 2012, on Second Reading. Mayor Pro Tern Ohlson commended staff s response to the request for additional information. CouncilmemberHorak commended the staff memo and presentation provided in response to Council questions. He stated he would support the motion but could understand a lack of support from non - consenting neighbors. Councilmember Troxell stated he would not support the motion as there are no standards regarding what the City.is trying to preserve and why. Councilmember Manvel stated he would support the motion. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak. Nays: Kottwitz and Troxell. THE MOTION CARRIED. Ordinance No. 154, 2012, Amending Article IV of Chapter 15 of the City Code Relating to Door -to -Door Solicitations, Adopted Option B on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY Ordinance No. 060, 2011, which took effect on May 27, 2011, established a permit system 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. However, certain aspects surrounding an out-of-state solicitation vendor in the summer of 2012 raised questions about the ordinance. This Ordinance, adopted on First Reading on December 18, 2012 WE January 15, 2013 by a vote of 5-1 (Nays: Troxell), amends various provisions of Chapter 15, Article IV of the City Code to ensure that the permit system is working properly and effectively, and will allow staff to respond quickly and efficiently to violations of the Ordinance. The Ordinance as presented on First Reading was amended by the Council to eliminate a proposed provision that would have enabled the owners of properties that have multiple dwelling units to prohibit solicitations at the entire property by posting a no solicitation or no trespassing sign at or near all entrances to the building thatfront on a public street or right-of-way. Council then directed staff to prepare two options dealing with this issue for Council's consideration on Second Reading. The first of these options (Options A) would leave the Code silent as to whether such signs must be posted by the property owner or the individual occupants in order to prohibit solicitations at such buildings. The second option (Option B) would specify that the individual occupants of a multi- family dwelling would need to post a sign if they want to prohibit solicitations. Because staff believes that the issue should be clarified in the Code, it recommends Option B. " Jessica Ping -Small, Revenue and Project Manager, summarized the changes to the Ordinance and reviewed the two options developed by staff since First Reading regarding multi -family dwellings. Option A leaves the Code silent as to whether the property owner or occupant must post a sign to prohibit solicitors. Option B specifies that the occupant must choose to post a sign to prohibit solicitors and the property owner may not post a sign. Staff is recommending Option B. Ross Cunniff, 2267 Clydesdale, questioned the status of solicitation in homeowner's association controlled areas. He questioned the implementation of the Ordinance and requested a more clear interpretation on the City's web page. Eric Sutherland, 3520 Golden Currant, stated a unique differentiation for multi -family housing should not be made. Councilmember Kottwitz agreed with Mr. Cunniff regarding the clarity of the City's web page. Mayor Pro Tern Ohlson stated he would like the City's entire website to be examined for clarity. He stated Option B would treat multi -family units the same as single-family homes. He asked if homeowner's associations would be allowed to post no solicitation signs. Ping -Small replied in the negative. :1 Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Option B of Ordinance No. 154, 2012, on Second Reading.. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. 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 Second Reading The following is staff s memorandum for this item. 285 January 15, 2013 "EXECUTIVE SUMMARY This Ordinance adopted on First Reading on December 18, 2012 by a vote of 5-1 (Nays: Weitkunat) amends 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 of the City Council itself. " Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 155, 2012, on Second Reading. Mayor Weitkunat stated she would not support the motion. The vote on the motion was as follows: Yeas: Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: Weitkunat. THE MOTION CARRIED. Other Business Councilmember Horak requested consideration of a parking commission as an agenda item in February. Adjournment Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00 p.m. on January 22, 2013, to consider a possible Executive Session. Yeas: Weitkunat, Manvel, Ohlson, Kottwitz, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 9:40 p.m. ATTEST: City Clerk FONT :o