HomeMy WebLinkAboutMINUTES-03/05/2013-RegularMarch 5, 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; March 5, 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, Poppaw, Troxell and Weitkunat.
(Secretary's note: Councilmember Kottwitz arrived at 8:48 p.m.)
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated Item No. 20, First Reading of Ordinance No. 044, 2013, Authorizing
the Conveyance to Woodward, Inc. of Two Non -Exclusive Permanent Drainage Easements and a
Temporary Construction Easement on City -Owned Property, has been postponed to the adjourned
meeting on March 18, 2013. He recommended reversing the order of Item Nos. 32, First Reading
of Ordinance No. 046, 2013, Amending Chapter 12 of the City Code to Establish a Disposable Bag
Fee, and 33, First Reading of Ordinance No. 047, 2013, Enacting Water Rates Adjustments for the
Water Supply Shortage Response Levels Established in the Water Supply Shortage Response Plan
and Amending the Plan.
City Manager Atteberry noted a Resolution has been added under Other Business which temporarily
appoints Councilmember Horak to the North Front Range Metropolitan Planning Organization.
Citizen Participation
Ed Faillache, 1508 West Elizabeth, supported mayoral term limits being the same as those of
Councilmembers.
Kevin Jones, FortCollins Area Chamber of Commerce, supported Item No. 21, expanding the
boundaries of the Downtown Development Authority.
Virginia Farver, 1214 Belleview Drive, expressed concern regarding possible health effects of
emissions from wireless devices, including AMI meters.
John Anderson, Fort Collins resident, discussed environmental protection and encouraged living
with the earth rather than on it.
Devin Himing, 2214 Fossil Creek Parkway, opposed the means by which citizens are allowed to
participate in Planning and Zoning Board processes.
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Stan Schure, 2613 Adobe Drive, discussed allegations relating to a petition submitted to Council
from the oil and gas industry.
Mel Hilgenberg, 172 North College, reported on local theater, commended Kelly Ohlson on 30 years
of public service, requested Council revisit the petition signatures opposed to CSU's on -campus
stadium, and requested an investigation into Urban Renewal, TIF, and the Ionosphere project.
Jack Daniels, 172 North College, commended the City on its credit rating and expressed gratitude
that he lives in Fort Collins.
Eric Sutherland, 3520 Golden Currant, discussed the Charter of the City and a potential conflict
between its wording and the placement of the URA's debt.
Citizen Participation Follow-up
Councilmember Poppaw requested a staff response to the Colorado Oil and Gas Association
(COCA) petition issue. City Clerk Nelson replied there is no investigation at this time; CODA has
asked to withdraw the petition, which the City has viewed solely as a document of support. She
stated staff would look into the issue further at Council's request.
Councilmember Poppaw stated she would like to determine whether or not there would be any
potential wrongdoing as the petition contained falsified information. City Clerk Nelson stated staff
would look into the issue.
Councilmember Horak noted the mayoral term limit was set by citizens and the Charter and any
future change to the Charter would go to a vote of the citizens. Regarding the Planning and Zoning
Board process, he recognized that applicants do get the opportunity to speak longer and offer
rebuttal, where as citizens do not receive that opportunity. He noted appeal hearings have time
allotted more equitably and noted staff is looking into making the process more equitable at the
Planning and Zoning Board level.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the February 5, 2013 Regular Meeting,
Second Reading of Ordinance No. 026, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds for the Art in Public Places Program.
In 2012, Article XII of Chapter 23 of the City Code relating to Art in Public Places (APP)
was amended by Ordinance No. 078, 2012. Part of those changes included an administrative
policy change to move APP art projects from lapsing to non -lapsing capital project accounts
to improve the accountability and transparency of APP projects. This Ordinance,
unanimously adopted on First Reading on February 19, 2013, will complete that process by
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moving all reserved APP funds as of December 31, 2012 to new non -lapsing capital project
accounts or to a lapsing administration and maintenance account.
S. Items Relating to the North College Improvements Project - Conifer Street to Willox Lane
A. Second Reading of Ordinance No. 027, 2013, Authorizing the Acquisition by
Eminent Domain of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox.
B. Second Reading of Ordinance No. 029,2013, Authorizing the Conveyance of Parcels
of Real Property on North College Avenue to the Colorado Department of
Transportation.
The North College Improvements Project —Conifer to Willox is a multimodal improvement
project that extends from Conifer Street to Willox Lane. This project will construct
improvements in accordance with the City of Fort Collins North College Corridor Plan and
the US 287/SH 14 Access Management Report. The project is planned to begin construction
in 2014, addressing the remaining section of the North College Corridor. The project budget
consists of both federal and local funds. These Ordinances, unanimously adopted on First
Reading on February 19, 2013, will enable the City to acquire certain lands adjacent to the
project area. The acquisitions include both rights -of -way and permanent and temporary
easements. Timely acquisition of the property is necessary to meet the anticipated
construction schedule. This project is one of the highest ranked roadway projects in the
City's Capital Improvements Plan.
9. Items Relating to the Removal of Signs.
A. Second Reading of Ordinance No. 030, 2013, Making Certain Amendments to
Chapter 17, Article III, Section 17-42 of the City Code Regarding Signs in the Right -
of -Way..
B. Second Reading of Ordinance No. 031, 2013, Amending the Land Use Code
Regarding the Removal of Election Signs.
Ordinance No. 030, 2013, amends City Code Section 17-42 to eliminate the 24-hour
notification requirement that the City must provide before removing signs that are illegally
placed in the right-of-way. It also recommends providing notice to the business or entity
identified on the sign after its removal, and holding the sign for ten (10) days to allow the
owner the opportunity to retrieve the sign before disposal, unless the sign is insignificant in
value or it advertises or promotes an event or activity that has already occurred. Also
recommended is the ability for staff to immediately dispose of the sign if it is a repeat
violation within a 12-month period. This section applies to all signs placed in the right-of-
way.
March 5, 2013
Ordinance No. 031, 2013, amends Section 3.8.7(L)(1) of the City's Land Use Code to extend
the length of time allowed to remove election signs from private property from four (4) days
after an election to five (5) days after an election. This section applies only to election signs
on private property. These Ordinances were unanimously adopted on First Reading on
February 19, 2013.
10. Items Relating to the State Highway 14-Mulberry Pedestrian Bridge Relocation Project for
the Poudre Trail.
A. Resolution 2013-016 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation to Receive Funding for
the State Highway 14 - Mulberry Pedestrian Bridge Relocation Project for the
Poudre Trail.
B. First Reading of Ordinance No. 034, 2013, Appropriating Unanticipated Revenue
from the Colorado Department of Transportation into the Mulberry to Lemay
,Pedestrian Bridge-Poudre Trail project in the Capital Projects Fund.
The City's Engineering and Park Planning Departments were awarded a grant from the
federally funded North Front Range Metropolitan Planning Organization totaling $368,000
for the relocation of two existing steel pedestrian bridges and the construction of a new
concrete section of the Poudre trail. The general vicinity of the project is between Mulberry
Street and Lemay Avenue, along the north side of the Poudre River. This project will build
the trail, bridge abutments and piers to receive one of the relocated pedestrian bridges.
Adoption of the Ordinance appropriates the grant money for the project and adoption of the
Resolution authorizes the Mayor to sign the grant agreement.
11. First Reading of Ordinance No. 035, 2013, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2013 Irrigation Season.
This Ordinance approves procedures and rates for the rental and delivery of the City's raw
water supplies. The Water Utility uses these rates to assess charges for agricultural use, for
various contractual raw water obligations and for raw water deliveries to City departments
and other entities. The proposed rate for each type of water is based on several factors,
including market conditions and assessments charged by irrigation companies. Rentals in
2013 will be substantially limited and different than past years due to fire and drought
related water supply issues.
12. First Reading of Ordinance No. 036, 2013, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing of Vehicles and Equipment for Various City Departments.
The City of Fort Collins is lease -purchasing vehicles and equipment for various city
departments. The cost of the items to be lease -purchased is $2,543,005. Payments at the
2.23% interest rate will not exceed $269,450 in 2013. Money for 2013 lease -purchase
payments is included in the 2013 budget requests. The effect of the debt position for the
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purpose of financial rating of the City will be to raise the total City debt by 2.0%. A
competitive process was used to select Pinnacle Public Finance for this lease. Staff believes
acceptance of this lease rate is in the City's best interest.
13. First Reading for Ordinance No. 037, 2013 RePealing Ordinance No. 65, 1999. Resolution
96-73 and Resolution 88-81; Making Certain Amendments to the City Code and Land Use
Code to Allow for the Discretionary Waiver of City Fees for Certain Kinds of Housing
Authority Projects to Be Constructed in the City and Authorizing an Agreement Between
the City and the Housing Authority with Regard to Such Waivers
Colorado statutes and a City ordinance exempt projects of the Fort Collins Housing
Authority (FCHA) from City taxes and fees and, for many years, the City has waived fees
for such projects. For the most part, the projects have been relatively small.
In 2011, the Housing Authority partnered with CAREHousing, a non-profit agency, on an
affordable housing project in the Provincetown subdivision. Although the interest of the
Housing Authority in the project was small (technically a .001 % partner), a waiver of City
fees for the CARE Housing Provincetown Project was requested and granted by the City
Council. The fee waiver totaled $557,378. The magnitude of the waiver, as well as the fact
that the Housing Authority held only a minor ownership interest in the project, prompted
staff to examine the fee waiver policy for future Housing Authority projects. At a
subsequent work session of the Council, staff was directed to provide some options for
future projects, especially those in which the Housing Authority has only a minor interest.
Staff presented options and a recommendation to City Council on July 10, 2012. City
Council generally supported the direction to make Fort Collins Housing Authority fee
waivers optional and to limit waivers to certain kinds of project. Council also asked for
some additional information and to discuss the options and recommended approach with the
Economic Advisory Commission.
14. First Reading of Ordinance No. 038, 2013, Extending the Contract of the City's Employee
Wellness Progxam Software Provider.
In 2008, the City of Fort Collins utilized a competitive bid process and contracted with the
Mayo Foundation for Medical Education and Research (Mayo) to provide services
associated with the assessment and management of existing and potential health risks of City
employees. These services allow the City of Fort Collins Human Resources Department to
collect and analyze data and support efforts to manage rising healthcare costs. Services
provided by Mayo include employee health risk assessments, health information and
education, support for behavior modification, and disease management. These services are
an integral part of the City's wellness and employee health benefit programs: Additionally,
some organizations are integrating these services with an Onsite Employee Medical Clinic.
There maybepossible cost savings, efficiency and effectiveness benefits associated with this
model. As the first step toward evaluating costs, benefits and options associated with a
possible Onsite Employee Medical Clinic, the Citywill release a Request for Proposal (RFP)
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in the spring of 2013. Vendors will be asked to respond to the City's interest in evaluating
proposals that incorporate these services into the Clinic model. This extension will allow
the City to evaluate options associated with a Clinic while continuing usage of services
provided by Mayo.
15. First Reading of Ordinance No. 039, 2013 Amending the City Code and Creating a Parking
Advisory Board. -
At the City Council meeting on January 15, 2013, several City Councilmembers indicated
an interest in a possible parking commission or board as a way to continue implementation
of the recently -adopted Parking Plan.. This agenda item summary provides detailed
information about the creation of a parking advisory board.
16. First Reading of Ordinance No. 040, 2013, Amending Section 2.2.11(C) of the Land Use
Code Regarding the Period ofTime that Project Development Plans and Plats for Large Base
Industries Remain in Effect.
This Ordinance amends Land Use Code (LUC) Section 2.2.11(c), regarding a Project
Development Plan and Plat to allow for the approval of a final plan within a twenty-five (25)
year period of time for a Large Base Industry to be constructed in phases and as defined in
Article 5 of the LUC.
17. First Reading of Ordinance No. 041, 2013, Amending the Land Use Code to Address Certain
Recommendations Contained in the Student Housing Action Plan.
The Student Housing Action Plan (SHAP), adopted by City Council on February 26, 2013,
has identified both near -term and long-term action items to address concerns with
compatibility between multi -family development and existing neighborhoods. This
Ordinance will (1) improve understanding of compatibilityby modifying the LUC to include
good examples (photos, drawings) of what is allowed in certain zones; (2) amend MMN
district development standards and LUC Sec. 3.8.30 multi -family standards to specify that
no vehicular use area can be placed in the said setback from single- and two-family
dwellings. Also, consider landscape requirements for this setback; and (3) better define and
amend the LUC Sec. 3.8.16 (E) (2) requirement that 4+ bedroom`developments need to
provide additional open space, recreation areas, parking areas and public facilities as are
necessary to adequately serve the development and retain the parking exemption in the TOD
Overlay Zone.
18. First Reading of Ordinance No. 042, 2013, Authorizing the Conveyance of a Non -Exclusive
Drainage Outfall Easement and a Temporary Construction Easement on Archery Range
Natural Area to Cottonwood Land and Farms, LLC.
Cottonwood Land and Farms is requesting a twenty -foot wide permanent non-exclusive
drainage easement and a twenty -foot wide temporary construction easement, both
approximately sixty feet in length across a small portion of Archery Range Natural Area.
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The purpose of the easement is to install a 12-inch buried pipe to convey water from
Cottonwood's East Rigden Pit to the Cache la Poudre River. The buried outfall pipe crossing
Archery Range is part of a larger 2,700 linear foot drainage outfall pipe constructed on
adjacent properties. The project site is located generally on the "Rigden Pit" property and
the "Port of Entry Pit" property northeast of Horsetooth Road and Ziegler Road.
Alternatives to this preferred alignment proved prohibitive both from an economic and
engineering standpoint. .
19. First Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non -Exclusive
Drainage Easement on Salver Natural Area to Charles Meserlian
The Hickory Commons project is a proposed live/work residential development located
immediately north of Salyer Natural Area along Hemlock Street. The site is currently
undeveloped, and the proposed project will include impermeable surfaces that will increase
stormwater runoff from the site. Stormwater will be collected in a retention pond, and then
released at a controlled rate through a buried pipeline within the existing Hemlock Street
right-of-way. There will be no impacts to Salyer Natural Area; the easement only allows
stormwater to cross the property to the Cache la Poudre River and does not involve
construction of any improvements on NAD property.
20. First Reading of Ordinance No. 044, 2013, Authorizing the Conveyance to Woodward Inc
of Two Non -Exclusive Permanent Drainage Easements and a Temporary Construction
Easement on City -Owned Property.
The proposed Woodward Link-N-Greens Campus ("Woodward") will be a master -planned
campus providing the ability to retain and grow primary jobs for the community. The
campus will accommodate Woodward's continued growth of its current operations in Fort
Collins. It also includes adjacent commercial services that can be used by Woodward
employees and the public with close access to downtown and the Mulberry corridor. The
planned campus will help to improve the river corridor through the site including restoration
of the natural river corridor landscape, habitat, and appropriate recreation opportunities.
The proposed use is compatible with existing and anticipated development, and supports the
city's vision for this area. Fort Collins' City Plan (Plan Fort Collins) identifies this site in*its
Targeted Infill and Redevelopment Areas Map and denotes the Lincoln Avenue Area as one
of its "Catalyst Project Areas". These Areas are identified as locations in the city having
potential to showcase opportunities to embrace the Plan Fort Collins vision themes of
Innovate, Sustain, and Connect. They are viewed as potential places for public/private
initiatives using a triple bottom line approach addressing economic, environmental, and
social factors in a balanced manner.
For this development, Woodward has requested that the City grant Woodward two
permanent drainage easements for stormwater flows, one which would include construction
of a buried drainage pipe and the other for a graded swale. In addition, a temporary
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construction easement is needed for grading, landscaping, and associated restoration work
on City -owned property adjacent to the Poudre River.
21. Items Relatingto o Expanding the Boundaries of the Downtown Development Authority.
A. First Reading of Ordinance No. 045, 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development
of the Authority to Include Property Presently Known as the Max Flats Properties.
B. First Reading of Ordinance No. 049, 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development
of the Authority to Include Property Presently Known as the Link-N-Greens
Property.
This item is a request to expand the boundaries of the Fort Collins Downtown Development
Authority (DDA) and amend the Plan of Development of the Authority to include a property
in the 200 block of West Mulberry Street and a property in the 700 block of East Lincoln
Avenue. The properties include the former locations of Mason Automotive and King's Auto
(southwest corner of Mulberry and Mason Streets) and the Link-N-Greens golf course.
22. Resolution 2013-017 Accepting the Proposed Donation of the Downtown Development
Authority and Lisa Cameron Art in Action Sculpture.
This Resolution accepts the donation of a five paneled painted steel sculpture that was
created during the DDA Art in Action Project. This sculpture will become part of the City's
Art in Public Places collection.
23. Resolution 2013-018 Supporting the Grant Application for a School Play Yard Grant from
the State Board of the Great Outdoors Colorado Trust Fund for the Completion of Linton
Elementary Play -round.
The City, in cooperation with Poudre School District, is applying for a Great Outdoors
Colorado School Play Yard Grant for the completion of the playground at Linton Elementary
School. The City is eligible to sponsor Poudre School District for this grant application and
Great Outdoors Colorado requires this resolution expressing City Council support to be
submitted as part of the grant package. No City finances are needed for this grant.
24. Resolution 2013-019 Ratifying the Appointment of Jennifer Birks to the Poudre River Public
Library District Board of Trustees.
On December 19, 2012, Trustee President Michael .Liggett wrote a letter informing the
Selection Committee of the term expiration of Michelle Kalkowski. On February 20, 2013,
the Library Trustee Selection Committee, comprised of Mayor Karen Weitkunat and
Councilmember Lisa Poppaw and Larimer County Commissioners Lew Gaiter and Steve
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Johnson, met and unanimously recommend the appointment of Jennifer Birks for a four-year
term.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
Second Reading of Ordinance No. 026, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds and Authorizing the Transfer of Appropriated
Amounts Between Funds for the Art in Public Places Program.
8. Items Relating to the North College Improvements Project - Conifer Street to Willox Lane.
A. Second Reading of Ordinance No. 027, 2013, Authorizing the Acquisition by
Eminent Domain of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox.
B. Second Reading of Ordinance No. 029,2013, Authorizing the Conveyance of Parcels
of Real Property on North College Avenue to the Colorado Department of
Transportation.
Items Relating to the Removal of Signs.
A. Second Reading of Ordinance No. 030, 2013, Making Certain Amendments to
Chapter 17, Article III, Section 17-42 of the City Code Regarding Signs in the Right -
of -Way.
B. Second Reading of Ordinance No. 031, 2013, Amending the Land Use Code
Regarding the Removal of Election Signs.
29. Second Reading of Ordinance No. 032, 2013, Amending the City Code to Impose a Ban on
Oil and Gas Operations and Hydraulic Fracturing and Certain Storage of Waste Within the
City (Option 1 or 2).
30. Second Reading of Ordinance No. 033, 2013, Making Amendments to the City of Fort
Collins Land Use Code Pertaining to Implementation of the Eastside and Westside
Neighborhoods Character Study
31. Second Reading of Ordinance No. 023, 2013, Amending the City Code to Prohibit the
Disposal of Cardboard in the Community's Waste Stream and to Amend Requirements for
Recycling Applicable Solid Waste Collection.
Ordinances on First Reading were read by title by City Clerk Nelson.
10. Items Relating to the State Highway 14-Mulberry Pedestrian Bridge Relocation Project for
the Poudre Trail.
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A. Resolution 2013-016 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation to Receive Funding for
the State Highway 14 - Mulberry Pedestrian Bridge Relocation Project for the
Poudre Trail.
B. First Reading of Ordinance No. 034, 2013, Appropriating Unanticipated Revenue
from the Colorado Department of Transportation into the Mulberry to Lemay
Pedestrian Bridge-Poudre Trail project in the Capital Projects Fund.
11. First Reading of Ordinance No. 035, 2013, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2013 Irrigation Season.
12. First Reading of Ordinance No. 036, 2013, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing of Vehicles and Equipment for Various City Departments.
13. First Reading for Ordinance No. 037, 2013 Repealing Ordinance No. 65, 1999, Resolution
96-73 and Resolution 88-81; Making Certain Amendments to the City Code and Land Use
Code to Allow for the Discretionary Waiver of City Fees for Certain Kinds of Housing
Authority Projects to Be Constructed in the City; and Authorizing an Agreement Between
the City and the Housing Authority with Regard to Such Waivers.
14. First Reading of Ordinance No. 038, 2013, Extending the Contract of the City's Employee
Wellness Program Software Provider.
15. First Reading of Ordinance No. 039, 2013 Amending the City Code and Creating a Parking
Advisory Board.
16. First Reading of Ordinance No. 040, 2013, Amending Section 2.2.11(C) of the Land Use
Code Regarding the Period of Time that Project Development Plans and Plats for Large Base
Industries Remain in Effect.
17. First Reading ofOrdinance No. 041, 2013, Amending the Land Use Code to Address Certain
Recommendations Contained in the Student Housing Action Plan.
18. First Reading of Ordinance No. 042, 2013, Authorizing the Conveyance of a Non -Exclusive
Drainage Outfall Easement and a Temporary Construction Easement on Archery Range
Natural Area to Cottonwood Land and Farms, LLC.
19. First Reading of Ordinance No. 043, 2013, Authorizing the Conveyance of a Non -Exclusive
Drainage Easement on Salyer Natural Area to Charles Meserlian.
21. Items Relating to Expanding the Boundaries of the Downtown Development Authority.
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A. First Reading of Ordinance No. 045, 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development
of the Authority to Include Property Presently Known as the Max Flats Properties.
B. First Reading of Ordinance No. 049, 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development
of the Authority to Include Property Presently Known as the Link-N-Greens
Property.
32. First Reading of Ordinance No. 046, 2013, Amending Chapter 12 of the City Code to
Establish a Disposable Bag Fee.
33. First Reading of Ordinance No. 047, 2013, Enacting Water Rates Adjustments for the Water
Supply Shortage Response Levels Established in the Water Supply Shortage Response Plan
and Amending the Plan.
34. First Reading of Ordinance No. 048, 2013, Amending Chapter 10 of the City Code Relating
to Development in the Poudre River Floodplain.
Councilmember Troxell withdrew Item Nos. 6, Consideration and Approval of the Minutes of the
February 5, 2013 Regular Meeting, 15, First Reading of Ordinance No. 039, 2013 Amending the
City Code and Creating a Parking Advisory Board and 17, First Reading of Ordinance No. 041,
2013, Amending the Land Use Code to Address Certain Recommendations Contained in the Student
Housing Action Plan from the Consent Calendar.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Manvel, Ohlson,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Horak noted the positive future impact of Item No. 10, Items Relating to the State
Highway 14-Mulberry Pedestrian Bridge Relocation Project for the Poudre Trail. He asked how
actively the City is pursuing a complete switch to electric fleet vehicles. City Manager Atteberry
replied he would respond at a later date. He mentioned the pedestrian bridge is tied to a CDOT
improvement project which will also involve replacing and enhancing that section of roadway.
Councilmember Horak stated the City of Fort Collins has been working with North Poudre and other
irrigation companies to ensure there is seater available for as much irrigation as possible, relating
to Item No. 11, First Reading of Ordinance No. 035, 2013, Establishing Rental Rates and Delivery
Charges for the City's Raw Water for the 2013 Irrigation Season.
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Mayor Pro Tern Ohlson stated he would like to meet with staff regarding developments requesting
easements on natural areas and Poudre River water quality. City Manager Atteberry replied he
would arrange that meeting.
Staff Reports
Lawrence Pollack, Budget and Perfonnance Management Manager, discussed the new Community
Dashboard website, which is a result of work of the Futures Committee. He stated the data will be
updated quarterly and will be used not only as a report, but a management tool. He reviewed the
on-line metric itself.
City Manager Atteberry stated this scorecard has about thirty-five community metrics tied to it. He
commended Pollack's work on the tool.
Councilmember Horak commented that the metric is a means to determine whether or not funds are
well -spent and whether or not increases or decreases in spending affect change.
Councilmember Troxell stated the metrics will attach to outcomes and should play a role in Council
decisions.
Councilmember Reports
Councilmember Horak discussed Platte River Power Authority's six-month review of its new
manager and stated there will be a strategic planning process looking at the next source of
electricity. Councilmember Horak stated he met with Warren Lake residents regarding tree removal.
The City, as majority owner of Warren Lake Reservoir did a poor job'of notifying citizens of the
need for this procedure. Jon Haukaas and Bruce Hendee met with citizens, as well.
Councilmember Troxell reported on the CSU-City Liaison Committee meeting and stated the SLICE
program at CSU is adopting a street in the Avery Park neighborhood. He commended the
collaboration between CSU and the City.
Consideration and Approval of the Minutes
of the February 5, 2013 Regular Meeting, Approved
Councilmember Troxell stated two items on this agenda dealt with conveyance of easements to Xcel
within the City's Utility properties, as well as construction easements across four natural areas, to
construct a high-pressure line for communities further south of Fort Collins. He noted Xcel
executed eminent domain proceedings on a property at Harmony and Shields, as was discussed at
last week's meeting, and asked if the City Manager could address why Xcel's use of eminent
domain was not part of these items.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve the minutes of February 5, 2013.
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City Manager Atteberry replied he would respond under separate cover, but noted he and
Councilmember Troxell have met with Ms. Carrie Gillis regarding the issue. He has sent a letter
to Xcel regarding its use of eminent domain and will share the response with Council when it is
received.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 039, 2013
Amending the City Code and Creating a Parking
Advisory Board, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
Atthe City Council meeting on January 15, 2013, several City Councilmembers indicated an interest
in a possible parking commission or board as a way to continue implementation of the recently -
adopted Parking Plan. This agenda item summaryprovides detailed information about the creation
of a parking advisory board.
BACKGROUND I DISCUSSION
During the public process for- the recently -completed Parking Plan, several ideas were discussed
about how to include more citizen input into the public parking decision -making process, including
topics such as a new governance model (authority or district), an advisory group, an ad hoc
committee, or continued informal engagement between city staff and stakeholders. Most of the
discussion and consensus has coalesced around the idea of an advisory group, which is the
recommendation ofstaff.
Purpose
The primary reason a parking advisory board is needed is to make recommendations to City Council
and staff about implementation of the adopted Parking Plan. A board is also needed to provide an
avenue for on -going stakeholder input and involvement in parking decisions that affect the public,
while retaining decision -making authority at the City Council level. A board is also needed to
support and advocate forparkinginitiatives and programs, to help educate the public about parking
issues, and to work with other boards or organizations that have an interest in parking issues.
The Parking Plan includes both short- and long-term action items. A parking advisory board may
be called upon to make recommendations about many of these items, including (but not limited to)
topics such as:
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• New parking infrastructure
• New parking funding alternatives
• The role of parking in economic development
Optimization of parking resources, both on- and off-street
• Fines and fees
• Enforcement methods and programs
• Integration of parking policies with alternative modes and sustainability initiatives
• Operational innovations, new parking technology, and best practices
Public/private partnership opportunities
• Parking offers in the "Budgeting far Outcomes" process
Benefits
A new parking advisory board can provide multiple benefits to citizens, City staff members,
businesses, and other entities that have an interest in parking. Examples:
a. Aboard can provide city staff with a formal organization to work with to evaluate the
impacts of new parking initiatives on the Downtown business community, and to receive
public input as decisions are considered.
b. A board could provide more opportunity for on -going, direct stakeholder involvement.
C. Byinvolvingthebusiness community, the City could benefitfromthe information, experience
and wisdom of those whose livelihoods are impacted by the parking system, thus improving
the program.
d. A board would create a group that has enough time and frequency of meetings to become
educated and informed about parking issues, technology, best practices, and so on.
e. A board can work with City staff to identify the pros and cons of various parking decisions.
f A board could be an advocacy group to support and promote acceptance of parking
decisions among the broader stakeholder community.
g. A board can help increase the credibility of the parking program with the Downtown
business community.
A possible concern about this option is that it may not satisfy Downtown stakeholders who have
gone on record in support of a new governance entity with decision -making authority.
Membership
The membership ofa parking advisory board should include broad -based community representation
to insure credibility and objectivity. Parking entities exist in many other communities, and typically
have participation ranging from 5 to 15 members. A larger membership will provide broader
representation. Fewer members can be more efficient. A workable compromise is 9 members,
which is staffs recommendation. A City Council member can act as a liaison between the board
and City Council.
The following is a list of potential members that may have an interest in parking issues. This list
is provided for consideration when members of the parking advisory board are selected.
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• Downtown Business Association board member
Downtown Business Association member at large
• Downtown Development Authority member
• A downtown property owner
• A downtown employee
• A downtown resident
• Colorado State University representative (student, faculty or both)
• Business owner who is not part of DBA or DDA
• City resident who does not live in Downtown
• An "alternative modes" advocate
• Developer, realtor or real estate broker
• A representative of the disabled community
Additional steps
After a new parking advisory board is created, some other steps must be completed, such as:
Solicitation ofparties interested in membership in a new parking entity, including screening
of applicants and ultimate selection by City Council.
Development of by-laws that define how the board will function.
Election of officers of the board.
Adoption of a work plan, and eventually, an annual report of the board's progress.
FINANCIAL I ECONOMIC IMPACTS
The new parking advisory board will need staff support, some of which may have a cost. Costs
could include mealsfor meetings, supplies and materials, andpossible transcription costs depending
on how meeting minutes are recorded. These costs will be incorporated into the existing budget for
Parking Services.
A bigger issue is that a new parking advisory board will influence or inform the discussion of
financing newparking infrastructure and otherparking resources. Currently, the City does not have
a revenue source that can be used to build new parking_ The Parking Plan discusses options such
as a parking impact fee, existing General Improvement District Revenues, user fees, and others, with
the conclusion that none of these is adequate in the near -term to meet future needs.
The only viable funding sources identified in the Parking Plan that are capable of generating
sufficient revenues for new infrastructure are a new tax measure (such as Building On Basics or
Keep Fort Collins Great funds), or on -street pay parking (a new user fee). A new parking advisory
board could be instrumental in defining community direction for either or both of these funding
sources.
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ENVIRONMENTAL IMPACTS
The recently -completed Parking Plan discussed a concept that linked parking management to
environmental initiatives. First, there is general direction in the plan to use sustainable
management practices in the way parking operations are conducted. But more specifically, the plan
pointed out that a parking advisory board or similar entity could help focus this objective by adding
sustainability as a key guiding principle or lens through which all operational and strategic
decisions are considered.
While City staff is attempting to ingrain this approach into everyplanning and operational program
under the City's umbrella of influence, the same thing has not always been true in the broader
parking stakeholder community. A new parking advisory board can incorporate environmentally
sound principles into its work plan. That approach could provide a broad shift in attitude
throughout the Downtown business community that cannot be accomplished by City staffalone. The
result could be anew approach to parking engagement by businesses and users ofparking resources
that would view parking as an effective way to achieve the "triple bottom line" through parking
management practices.
BOARD / COMMISSION RECOMMENDATION
Due to the short interval between the adoption of the Parking Plan and this item, there was no time
to present this item at meetings of various boards and commissions. However, this topic of a
possible "newparkingorganization "was discussed extensively throughout the Parking Plan public
participation process. The following organizations took positions on this topic as noted below:
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 drafting the 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 parkingpolicy with strong City oversight. The dissenting vote was based on a concern with the
creation of a new parking organization with governance powers.
Downtown Business Association (DBA)
On February 23, 2012, the Downtown Business Association sent a letter to City Council expressing
support for the recommendations of the Parking Plan Expert Advisory Panel, including "the
development of an appropriate governance model (i.e. an Authority, District, Zone) comprised of
downtown stakeholders (local businesses, city representatives, real multi family residential real
estate owners, et al) to be brought back to Council and ultimately adopted. "
Councilmember Troxell expressed concern that this item was placed on the Consent Calendar and
expressed concern regarding the way this Board is being formed.
March S, 2013
Michael Short, Downtown Fort Collins Business Association Executive Director, stated this item
has the support of the Downtown Business Association, as well as the Downtown Development
Authority.
Councilmember Troxell expressed concern there was no time to present this item to various boards
and commissions for feedback. The public process is being shortchanged and he questioned the lack
of citizen involvement.
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Ordinance
No. 039, 2013, on First Reading.
Councilmember Horak requested a friendly amendment to replace the use of "chairperson" with
"chair." Councilmember Manvel and Mayor Pro Tern Ohlson accepted the amendment.
Councilmember Horak stated the item should include a definition of "downtown area" prior to
Second Reading.
Councilmember Troxell requested some type of public outreach prior to Second Reading.
Mayor Pro Tem Ohlson stated this is a good news item and is long overdue. He noted there are
existing neighborhoods in and around downtown that are being negatively affected and encouraged
an expansive look at those areas. Two of the most important stakeholder groups were not included:
affected neighborhood individuals in and around downtown, and an environmental or sustainability
representative. He requested those additions be made prior to Second Reading. Laurie Kadrich,
Community Development and Neighborhood Services Director, replied there are neighborhood
representatives identified on the list, but there is not an environmental representative. The intent of
the Ordinance was to have a broad -based representation.
Councilmember Troxell requested information regarding the economic impacts of staff support for
this Board. City Manager Atteberry replied there will be direct costs; however, there may also be
efficiencies gained which may result in savings.
Councilmember Horak appreciated Councilmember Troxell's concerns but stated this item needed
to occur.
Mayor Weitkunat noted Council will have the ability to ensure the placement of a balanced Board.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 041, 2013,
Amending the Land Use Code to Address Certain Recommendations
Contained in the Student Housing Action Plan, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The Student Housing Action Plan (SHAD), adopted by City Council on February 26, 2013, has
identified both near -term and long-term action items to address concerns with compatibility between
multi family development and existing neighborhoods. This Ordinance will (1) improve
understanding ofconipatibility by modifying the LUC to include good examples (photos, drawings)
of what is allowed in certain zones; (2) amend MMN district development standards and LUC Sec.
3.8.30 multi family standards to specify that no vehicular use area can be placed in the said setback
fi-om single- and two family dwellings. Also, consider landscape requirements for this setback; and
(3) better define and amend the L UC Sec. 3.8.16 (E) (2) requirement that 4+ bedroom developments
need to provide additional open space, recreation areas, parking areas and public facilities as are
necessary to adequately serve the development and retain the parking exemption in the TOD
Overlay Zone.
BACKGROUND /DISCUSSION
Several LUC amendments have been adopted by Council during the last several months as a
response to concerns expressed by Council, citizens, and concerns identified during the Student
Housing Action Plan process regarding adverse impacts of multi family developments adjacent to
existing single-family neighborhoods. Thus far the following L UC amendments have been adopted:
• Adding land use standards from the MAIN Zone District to Article 3 (General Development
Standards) to enhance compatibility between multi family developments with existing single-
family neighborhoods.
• Eliminating a loophole in the NC zone district (which is intended to be a mixed -use
commercial area) that allowed for developments smaller than 10 acres to be entirely
multifamily housing.
• Create a threshold of 50 dwelling units or 75 bedrooms for multifamily developments that
will require a Planning and Zoning Board Hearing (Type II) rather than an administrative
hearing (Type 1).
Some of the more complex proposed LUC changes were reviewed during the October 9, 2012
Council Work Session and moved into the SHAP process for further evaluation and public
discussion. The near -term SHAP Action Items have been divided into two phases. Phase I is being
proposed with this report and Phase 2 consists of the following:
SHAP Action Items Phase 2:
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4. Confirm that the uses, development standards and density allowances in theNCB district are
consistent with the intent and purpose of the district appropriate sub -area plans in that it
provides a transition between residential neighborhoods and commercial -use areas. This
change will require incorporating the results of the Easiside/Westside Neighborhood
Character Study which is not yet complete.
Staff believes that this item (#4) warrants public processing and staff work beyond the scope of the
current package of Land Use Code changes.
For example, additional work may include the following tasks, all of which require effective public
engagement with stakeholders:
• Review the adopted vision, goals, and policies for the neighborhood
Understand the context and existing character in the affected areas (including both physical
data and stakeholder issues, attitudes, and concerns)
Analyze and understand the effects of current zoning, including variance requests
• Analyze and understand the effects of any ideas for changes to zoning allowances or
geographic boundaries, which likely will require some degree ofgraphic modeling
• Develop recommendations
The NCB Zone's Purpose statement refers to adopted subarea plans as its basis. Three such plans
provide the specific policy basis for the zoning allowances and boundaries that have raised
questions and issues. Ideally, this item would be addressed in the context of larger neighborhood
plan evaluations.
The three plans are also included in the 2013-2014 planning work program. The West Central
Neighborhood Plan is scheduled to be updated in 2013, and the East Side and West Side
Neighborhood Plans are scheduled for updates in 2014. NCB issues have always been anticipated
to be addressed in these plan updates.
The NCB zone was created along with the NCL and NCM zones in 1991. In 2004,'the three zones
were updated with "carriage house" standards. In the NCL and NCM zones, recent planning
projects (the 2010 and 2012 Eastside and Westside neighborhood Character studies) have
highlighted the sensitivity ofzoning changes.
5. Define different multi family housing types (rather than just the broad multi family
definition). The requirement for multiple housing types could be used as a gradient of
development between proposed multi family and existing single-family.
In order to propose these revisions, a variety of housing types such as tri-plex, four Alex, and
possibly 5-6 plexes will need to be developed, defined, and applied to zone districts with
corresponding review and approval procedures. These proposed revisions should be presented to
stakeholders such as neighborhood groups and developers. These LUC revisions are anticipated
to be proposed with the annual LUC package presented to the Planning and Zoning Board in May.
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BOARD / COMMISSION RECOMMENDATION
At its February 21, 2013 meeting, the Planning and Zoning Board voted 6-0 to recommend adoption
of the Ordinance. After considerable deliberation, the Planning and Zoning Board recommended
removal of the TOD parking exception for 4+ bedroom units as recommended by staffand outlined
in the staff report on page IL The Planning and Zoning Board thought that there was not enough
data regarding development in the TOD to warrant changes to the City's vision.
PUBLIC OUTREACH
The Student HousingAction Plan (SHAP) has done extensive outreach to stakeholders since summer
2011 and was recommended_for approval by the Planning and Zoning Board on January 17, 2013.
These proposed LUC revisions were presented to stakeholders on February 4, 2013. Some of the
attendees thought that the proposed revisions were too restrictive while others thought they were
not restrictive enough. "
Councilmember Troxell expressed concern regarding the placement of this item on the Consent
Calendar and encouraged additional discussion regarding student housing versus multi -family
housing. He stated affordable housing is directly impacted with some of these definitions and the
four -bedroom issue.
Joe Rowan, 621 Gilgalad Way, noted student housing is not defined in the Land Use Code and
student housing cannot be separated from multi -family housing; therefore, the Student Housing
Action Plan may not be able to withstand challenges.
Patrick Edwards, 1731 Valley Forge, stated it would be wise to obtain additional student input and
noted students live in neighborhoods, they do not just impact them.
Joel Rovnak, 1308 Bennett Road, stated these changes would give hope to neighbors as they will
have the opportunity to present their case. The communities around CSU are important for all
citizens, not just students. The proposed changes relating to four -bedroom units are not designed
to hinder affordable housing development.
Jeffrey Martin, Fort Collins Board of Realtors Chair, commended staff for work on the item. He
stated the Board supports the SHAP with minor changes. He recommended taking additional time
before adoption and opposed increasing the parking requirements in the Transit Overlay District.
Clint Skutchan, Fort Collins Board of Realtors, expressed concern regarding the speed of the Land
Use Code changes. He requested additional data regarding four -bedroom units prior to enacting
these regulations.
Mayor Weitkunat stated the Student Housing Action Plan has already been brought before Council
and this Ordinance would begin to enact Phase One. She requested staff input regarding the Transit
Overlay District and the four -bedroom units. Laurie Kadrich, Community Development and
Neighborhood Services Director, replied the discussion relating to these changes began last May as
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a result of citizen concerns relating to the compatibility of multi -family and large-scale
developments with existing single-family neighborhoods. A series of Land Use Code changes
designed to help mitigate these impacts were developed, separate from the SHAP process. The
items among those which needed further discussion were rolled into the SHAP last fall. The
merging of these two processes has led to confusion.
Seth Larson, City Planner, stated staff has recommended an increase in parking for four plus
bedroom units from two and half spaces to three spaces per unit. Staff has also recommended four -
bedroom units have required parking in the TOD overlay zone. That item was not recommended
for approval by the Planning and Zoning Board.
Mayor Weitkunat noted this Ordinance reflects the Planning and Zoning Board direction.
Councilmember Manvel noted the decision maker will have the ability to assess the impacts of four -
bedroom units on a development and enact various regulations. Larson replied it is a non -
prescriptive standard.
Councilmember Troxell noted this applies to all multi -family developments and asked about the
requirement for open space. Larson replied open space or green area amenities would be required
as part of developments.
Councilmember Troxell expressed concern this item has not been properly vetted.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 041, 2013, on First Reading.
Mayor Pro Tern Ohlson stated Council opted to delay these items in order to roll them over into the
SHAP process and stated he would support the motion.
Councilmember Troxell stated he would not support the motion as the item has been hurried.
Mayor Weitkunat stated she would support the motion; however, there may be some issues related
to the four -bedroom units. She stated she trusts appropriate changes will be made if necessary.'
Councilmember Troxell disagreed that potential changes should be pushed into the future.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak.
Nays: Troxell.
Ordinance No. 032, 2013,
Amending the City Code to Impose a Ban on Oil and Gas Operations
and Hydraulic Fracturing and Certain Storage of Waste Within
the City (Option 1 or 2), Adopted Option 2 on Second Reading
The following is the staff memorandum for this item.
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"EXECUTIVE SUMMARY
On February 5, 2013 City Council directed staff to prepare City Code changes prohibiting the use
of hydraulic fracturing and certain storage of waste within the city limits. Those changes are
reflected in Ordinance No. 032, 2013. On February 19, 2013, Council amended Ordinance No. 032,
2013 to include a ban on oil and gas operations as well as hydraulic fracturing. The amended
Ordinance was adopted on First Reading by a vote of 5-2 (nays: Kottwitz, Troxell). Council also
directed staff to prepare methods to repeal Ordinance No. 145, 2012 which would remove the
moratorium on the submission, acceptance, consideration and approval ofall applications for City
licenses, permits and other approvals in any way to oil and gas uses within the City, or at a
minimum permit oil and gas operations if Council authorizes an "operator agreement "for such.
BACKGROUND /DISCUSSION
Ordinance No. 032, 2013 — Ban
On February 26, 2013 Council directed staff to prepare two options for consideration at the March
5, 2013 meeting. Option I is the amended version from the February 19, 2013 meeting and
subsequently bans all oil and gas operations in the city limits —see definition below. Option 2 is
the original option requested by Council on February 5, 2013 and limits a ban to hydraulic
fracturing. Both options permit oil and gas operations and hydraulic fracturing to occur when a
Council authorized operator agreement is in place, prohibit storage of waste within the city.
Option 1
Second Reading of Ordinance No. 032, 2013 amending the Ciry Code to impose a ban on oil and
gas operations and hydraulic fracturing and certain storage of wastes within the City (except with
a Council -approved operator agreement).
Or
Option 2
Second Reading of Ordinance No. 032, 2013 amending the City Code to impose a ban on hydraulic
fracturing and certain storage ofwastes with in the City (except with a Council -approved operator
agreement).
"OIL AND GAS OPERATIONS" as defined by the Colorado Oil and Gas
Commission: means exploration for oil and gas, including the conduct of seismic
operations and the drilling of test bores; the siting, drilling, deepening,
recompletion, reworking, or abandonment of an oil and gas well, underground
injection well, or gas storage well; production, operations related to any such well
including the installation of flowlines and gathering systems; the generation,
transportation, storage, treatment, or disposal ofexploration and production wastes;
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and any construction, site preparation, or reclamation activities associated with such
operations.
During the Council discussion, questions arose regarding whether the existing moratorium was
needed if either of the above mentioned options were adopted. The following is the information
provided previously regarding the put pose of the moratorium and the work directed by Council to
be completed during the time of the Moratorium. .
Ordinance No. 145, 2012 - Moratorium
On December 4, 2012, Council considered regulation ofoil andgas exploration and production and
unanimously votedto 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 and on City -owned lands. The moratorium was intended to
allow staffand Council time to further investigate the extent ofthe City's authority to regulate such
uses and is set to expire July 31, 2013.
City Council direction for- additional work during moratorium:
• Monitor and present City Council recommendations to the Colorado Oil and Gas
Conservation Commission (COGCQ during the rulemaking process as described above.
Incorporate, as needed any changes into proposed Land Use Code (LUC) amendments.
• Monitor and present City Council recommendations 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 materials including additional location maps that identify the geologicalformations
present within the City and the Growth Management Area. 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. Include mineral ownership
information.
• Extend the set -back criteria into the Growth ManagementArea and create new mapping that
identifies areas currently exempt from drilling and those that would be ifadditional set -back
criteria were adopted by the COGCC.
• Evaluate the impact of regulations proposed on existing and future oil and gas operations
and consider code amendments as needed for addressing the differences in oil extraction
compared to gas or methane production. Specifically consider whether soils 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 resource rule in reclamation areas and water sourcing.
• Propose an intergovernmental agreement. with Larimer County that ensures that any oil and
gas 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 Prospect Energy,
the owner and operator of the Fort Collins Field.
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• Re-engage the boards and stakeholder groups and seek their recommendations regarding
Option A or Option B.
• Provide additional information regarding surface use agreements especially as the
agreement relates to habitat fragmentation and restoration; include photos and examples.
• Identify areas that may be considered for a Designated Outside Activity area and as such
further exempt fi-om oil and gas activities.
Staff has begun work on many of these items, however, there is still work to be completed for the
drafting ofLUC amendments and it is uncertain what actions the Colorado Air Quality Control
Commission will be enacting as part of proposed revisions to regulations affecting oil and gas
owners and operators. As part of this process, the Colorado Department of Public Health and
Environment (CDPHE) is holding stakeholder meetings through May 2013. CDPHE is the agency
that governs air quality once an oil or gas well is in production. Revisions made by the COGCC
will be in effect beginning in May for water quality and in August for set -backs. There may also be
changes during the 2013 General Assembly that affect local regulations for oil and gas operations.
Staff was also directed to provide information on whether the City is working with the Lorimer
County Board of Health regarding air quality impacts from oil and gas development. Lucinda
Smith, Director of Environmental Services provided the following:
"City staff has been in touch with Doug Ryan, Larimer County Department of Health and
Environment, about oil and gas issues. Both City and County staff are supportive of the
upcoming Front Range emissions study. This study is awaiting funding and will enable CSU to
conduct a three (3) year study of oil and gas emissions very similar to the current ongoing study
in Garfield County. The project is expected to begin in July 2013 and continue through June
2016 While no contact between City staff and the Larimer County Board of Health has
occurred, staff members are sharing information that is of concern to the boards. "
Longmont Resolution Options
Staff was also asked to provide options for'Council consideration regarding Resolution 2013-012
(City of Longmont).
Staff suggests the following options:
Provide Longmont a copy of the Resolution
Extend an offer to workjointly on legislative changes related to providing clarity on home
rule authority
File an amicus brief. "
Laurie Kadrich, Community Development and Neighborhood Services Manager, reviewed Council's
prior action and discussed the difference between hydraulic fracturing and oil and gas operations.
She stated Council's original moratorium Ordinance included City -owned property and is in effect
until July 31, 2013. Kadrich reviewed new state regulations.
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March S. 2013
The following citizens supported a ban on hydraulic fracturing:
Ross Cunniff, 2267 Clydesdale
Lynda Blake, 5551 Cornerstone Drive
Johnny Ruse, CSU student
Becky Boutz, Laporte resident
Patrick Edwards, 1731 Valley Forge
Devin Himing, 2214 Fossil Creek Parkway
Rafael Millan, 400 Smith Street
Linda Vrooman, 912 Cheyenne
Dolores Williams, 415 Mason Court
Bob Overbeck, 302 Parker Street
Kelly Giddens, Wellington resident
David Bell, Fort Collins resident
James Sack, 2945 Bassick Street, Food and Water Watch volunteer
Julius Lisi, 3804 West Prospect
Richard Bender, Bellvue resident
Lea Pace, 2409 West Mulberry
Maya Hesser, 2133 Ford Lane
Stan Schure, 2613 Adobe Drive
Jan Nimlo, Bellvue resident
Rose Lew, 2014 Westview Road
Kendra Griffin, 616 Cowan
Janice Lynne, 218 South Washington
Jeena Bassett, Lafayette resident
Tom Hoehn, 218 South Washington
Jim Jeffries, Fort Collins resident
Cleo Deoletis, former Fort Collins resident
Danny Hesser, 2133 Ford Lane
Karen Snider, 135 South Sunset
Rico Moore, 721 West Myrtle
Elizabeth Huddetz, 1407 Ticonderoga
Wes Wilson, Denver resident
John Gascoyne, 718 West Mountain
Eric Verlo, Colorado Springs resident
Bernadette Kissel, 6126 Crane
Dian Sparling, 324 Jackson
Chris MacWaters, 211 North Sherwood
Hunter Buffington, Fort Collins Sustainability Group
Jack Dawkins, Denver resident
Joe Kissell, 913 West Oak
Scott Longmore, 3431 Sundisk Court
Cindy Roberts, Larimer County resident
Matthew Niemerg, 2806 Chaparral Drive
AJ Feldmann, 220 1 st Street
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March 5, 2013
Shoshana Leis, 1205 Columbine Court
Susan Hall, Broomfield resident
Carole Hossan, 504 Edwards
Phil Doe, Littleton resident
Harry Rose, 504 Edwards
Gary Wockner, 516 North Grant, Clean Water Action
Cara Blake, 718 Justice Drive
Matthew Martinez, Frack Free Fort Collins
Kristi Douglas, Commerce City resident
Monte Barry, 415 South Howes
Jodee Brekke, Commerce City resident
Randy Webb, What the Frack Arapahoe
Chris Maldonado, Fort Collins resident
Melanie Schure, 2613 Adobe Drive
John Drigot, 3321 Snowbrush Court
Jennifer Renan, Boulder County resident
Joe Rowan, 621 Gilgalad Way
Nancy York, 130 South Whitcomb
Ward Luthe, Fort Collins resident
Kevin Cross, 300 Peterson, Fort Collins Sustainability Group, supported Option I of the Ordinance
with the amendment that the moratorium would remain in effect until July to allow for time to
regulate oil and gas on City -owned natural areas.
The following citizens opposed a ban on hydraulic fracturing:
Matt Lepore, Colorado Oil and Gas Conservation Commission Director, stated his agency is
listening to citizen concerns, but noted oil and gas development has been part of the state's history
for over 100 years and argued misinformation exists about the risks of oil and gas development. He
stated this ban would be contrary to existing state law and encouraged cooperation with Prospect
Energy and the state to establish regulations.
Stan Dempsey, Colorado Petroleum Association President, opposed a ban on drilling and tracking
and supported the local government designee process.
Issac Bass, Noble Energy Environmental Health and Safety Specialist, opposed any type of ban.
Ed Haynes, 1300 Patterson Place, opposed a ban on hydraulic fracturing.
Rudy Zitti, 1626 Fantail, opposed a ban on hydraulic fracturing.
Scott Hall, Prospect Energy, opposed a ban on hydraulic fracturing.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
March 5, 2013
Councilmember Manvel noted Council has received hundreds of emails regarding the topic and
asked about the possibility of drilling being allowed on the approximately eleven percent of City
area wherein the State's new buffer setback regulations would not apply. Kadrich replied some
exceptions can be made under the current and proposed rules. Dan Weinheimer, Policy and Project
Manager, replied there may be variances which could be sought through the State and noted the
State has stated it has never gone against the will of local communities.
Mayor Pro Tern Ohlson stated the map showing 89% of the City area is drill free is inaccurate and
stated the impacts of drilling operations do not stop at the buffer zone. He stated a major loophole
allows drillers to apply for and receive exemptions allowing them to drill within the 500 foot buffer
within high density population areas with the landowner's permission. He stated a second loophole
allows drillers to reopen old completed wells and redrill them regardless of location.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 032, 2013, Option 2, on Second Reading.
Mayor Pro Tern Ohlson asked if this motion would eliminate the moratorium. City Attorney Roy
replied this Ordinance would enact the ban on hydraulic fracturing in ten days. The moratorium
would continue to exist until July 31, or such earlier date as the Council may terminate it by
Ordinance.
Mayor Pro Tern Ohlson asked what good could come from continuing the moratorium. City
Attorney Roy replied the moratorium applied to all City -owned property with the exception of
existing wells.
Councilmember Horak stated the moratorium would allow Council time to be able to develop
regulations, should the ban not stay in effect.
Councilmember Troxell noted there have been no permits requested in Fort Collins for oil and gas
drilling. He stated the existing wells, which were annexed in, have been operated respectfully and
responsibly. He stated he would prefer to engage with the State's process involving the local
designee and will oppose the ban.
Councilmember Manvel stated this process should not be continued until it is proven safe, rather
than continued until it is proven unsafe.
Mayor Pro Tern Ohlson opposed the Colorado Oil and Gas Conservation Commission and stated
he would support the motion.
Councilmember Kottwitz stated wells will not be drilled near homes or schools and expressed
frustration with the State regarding the City not being able to use home rule on this issue; however,
she stated she would not support the ban.
Councilmember Poppaw stated she was elected to protect the quality of life in Fort Collins and
health and safety of its citizens and would therefore support the ban.
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Councilmember Horak asked if staff would still be working to develop regulations. Kadrich replied
the project team would continue to work on regulations, unless directed otherwise. She stated work
is still being done on the Operator Agreement with Prospect Energy, who has proven to work safely.
Mayor Weitkunat stated this issue is about local control and Council must protect the health and
safety of Fort Collins residents. She stated she would support the ban, despite fundamentally
disagreeing with it.
The vote on the motion to adopt Ordinance No. 032, 2013, Option 2, on Second Reading was as
follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Horak. Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Kadrich noted Council had asked staff to provide options regarding support of Longmont's ban on
hydraulic fracturing. She detailed three options for Council to consider: sending a copy of the
Resolution to Longmont, extending an offer to workjointly on legislative policy issues with the City
of Longmont and other cities, and filing a brief on any lawsuits going forward.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt the first two
options.
Councilmember Kottwitz clarified option 2 involves working on the home rule issue.
Councilmember Troxell asked how this relates to the LGD process. Weinheimer replied Loveland
does have an LGD and stated it might be possible to work together on legislation.
Councilmember Kottwitz asked why we need a Resolution to accomplish these tasks. Kadrich
replied Council was asked to bring back some specific options for the delivery of the information
contained in the Resolution adopted at the previous Council meeting. City Manager Atteberry noted
staff has not received direction to work with Loveland's LGD.
Councilmember Troxell asked how this issue fits with the Colorado Municipal League. City
Manager Atteberry replied the City of Fort Collins has regular conversations with CML regarding
local control issues.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Horak. Nays: Troxell.
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Mayor Pro Tem Ohlson, to extend the meeting
past 10:30 p.m.
City Manager Atteberry noted the appointment of Councilmember Horak to serve as alternate
representative to the North Front Range Transportation/Air Quality Planning Council -Metropolitan
Planning Council is time sensitive.
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CouncilmemberTroxell requested a review of upcoming Council meetings. City Manager Atteberry
reviewed the most recent schedule.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and
Troxell. Nays: Kottwitz.
THE MOTION CARRIED.
Resolution 2013-020
Amending Resolution 2011-044 to Appoint Councilmember Gerry Horak
to Serve as Alternate Representative to the North Front Range
Transportation/Air Quality Planning Council - Metropolitan Planning
Council for the March 7, 2013 Meeting to be Held in Evans, Colorado, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The North Front Range Metropolitan Planning Organization (NFRMPO) is an association of 15
local governments working together to improve regional transportation and air quality.
Councilmember Ben Manvel is the City's appointed representative to this organization, with
Councilmember Wade Troxell as alternate. Neither Councilmember Manvel nor Councilmember
Troxell is able to attend the March 7 NFRMPO meeting, and Councilmember Gerry Horak is
available to attend as an alternate. The NFRMPO Articles of Association require the appointment
ofprimary and alternate members be made in writing. This Resolution will appoint Councilmember
Horak as an alternate to the NFRMPO for the March 7 meeting. "
Councilmember Manvel made a motion, seconded by Councilmembers Poppaw and Troxell, to
adopt Resolution 2013-020.
Joe Rowan, 621 Gilgalad, questioned whether or not Council should have voted to move the item
on the agenda. He also questioned the extensive number of items on Council's agenda prior to the
election.
Councilmember Troxell asked about the agenda for the remainder of the meeting. City Manager
Atteberry replied the ultimate decision will be left to Council and discussed the items remaining.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 033, 2013,
Making Amendments to the City of Fort Collins Land Use Code
Pertaining to Implementation of the Eastside and Westside
Neighborhoods Character Study, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The Eastside and Wesiside Neighborhoods Character Study represents an assessment of
neighborhood compatibility issues related to impacts of larger new construction projects. In
comparison to the previous 201012011 Study, which focused on building size impacts, this Study
takes a broader look at the character and context of the neighborhoods including building size and
design compatibility.
The discussion by Council on First Reading on February 26, 2013, focused on two options identified
by staff for consideration in the Ordinance. Option A included a package of Land Use Code
amendments with a revised Floor Area Ratio (FAR)formula; Option B included the same standards
as A, except no change to the existing FAR. This Ordinance was adopted (with Option A) on First
Reading on February 26, 2013, by a vote of 4-3 (Nays: Kottwitz, Troxell, Weitkunat). "
Pete Wray, City Planner, detailed the read -before information received by Council.
Clint Skutchan, Fort Collins Board of Realtors, suggested a phased approach for these items,
particularly the floor area ratio standard.
Patrick Edwards, 1731 Valley Forge, urged Council to consider potential future citizen petitions.
Meg Dunn, 720 West Oak, noted tall neighboring houses block winter sun and do not provide shade
in the summer, as opposed to trees. She supported Option A.
Harry Rose, 504 Edwards, supported Option A.
Louise Ann Levy, 1006 Akin Avenue, supported Option A.
Carole Hossan, 504 Edwards, supported Option A.
Chris Maldonado, Fort Collins resident, supported Option A.
Bob Overbeck, 302 Parker, supported Option A.
Ross Cunniff, 2267 Clydesdale, supported Option A.
Lynn Stutheit, 508 East Plum, supported Option A.
Jill Kuch, 709 Stover, opposed new regulations as taking away diversity.
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Ann Magennis, 708 Peterson, supported Option A
Michelle Hafley, Fort Collins resident, supported Option A.
Dave Lingle, 517 East Laurel Street, expressed frustration that Council has not taken into account
the public process, including the recommendations ofthe Planning and Zoning Board, Zoning Board
of Appeals, and Landmark Preservation Commission, which recommended Option B.
Dian Sparling, 324 Jackson,. supported Option A and the public process.
Tammy (last name indecipherable), Fort Collins resident, supported Option A.
Bob Bailey, 1306 West Mountain, suggested Fort Collins should lead the way in the small house
movement and supported Option A.
Joe Rowan, 621 Gilgalad, stated these regulations are essentially imposing an HOA and suggested
the residents of the neighborhoods should be able to vote for any new regulations.
Dave Radlof, 1 120 West Mountain Avenue, supported Option A.
Nancy York, 130 South Whitcomb, supported Option A and the public process.
Jim Wurz, 425 North Sherwood, supported Option A.
Councilmember Troxell asked if there was any differentiation in the public process in terms of the
definition of solar access. Abe Barge, Winter & Company, replied the solar access discussion
focused on the issue of large new construction or additions that caused a great deal of shading on
neighboring properties, especially one-story properties.
Councilmember Troxell noted east -west solar access is not addressed. He questioned the potential
cumulative effects of the regulations, particularly when including the FAR. He noted there are a
number of land use requirements already in place and nothing prohibits downsizing. Mr. Barge
agreed there are no restrictions on downsizing.
Councilmember Troxell requested a summary of the Building Review Board discussion and
outcomes. Wray replied the Board had a number of good questions; however, the Board expressed
frustration it was not involved in the process earlier and did not proceed with a recommendation.
Councilmember Troxell asked why the Board was not involved in the process earlier and expressed
frustration with the rushed process. Wray replied staff did not anticipate going before the Building
Review Board as part of this process because the issue is Land Use Code changes and the Board was
not included in the 2010-2011 discussions either.
Councilmember Troxell asked if a phasing proposal, such as that suggested by Mr. Skutchan, has
been discussed.. Wray replied staff has recommended, and included in the Ordinance, a provision
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to allow a two -month window for existing projects that are in various stages of design to complete
the project and submit for development approval or building permit under existing regulations.
Councilmember Troxell suggested there should be no rush with this item; it should be able to
transcend Councils.
Mr. Barge stated all of these design variables are organized to work as a set and incrementally
implementing them could lead to disappointing results.
Mayor Weitkunat stated the controversial issue has always been the revised floor area ratio. She
stated she understood the phasing plan to add that component at a later time. Nore Winter, Winter
& Company, replied his understanding of the phasing plan was that it began with a phasing
implementation of the items in Option B, then perhaps later looking at the FAR.
Wray stated the phasing plan would delay implementation for two to four months, then phase in the
items in Option B. He stated one of the results of further delaying the FAR is, conceivably, projects
could come forward with four or five thousand square feet with the existing FAR.
Councilmember Marvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 033, 2013, Option A, including the corrections from the read -before packet, on Second Reading.
Councilmember Manvel stated the majority of citizens in these neighborhoods want these changes
and the new FAR would not limit sizes that dramatically.
Councilmember Kottwitz expressed concern regarding how long this item has been in the works and
questioned Council's ability to develop regulations to protect diversity. She questioned adopting
regulations for one area of town that would also apply to other areas. She stated she wanted to
protect Old Town, but disagreed this is the way to do it. She noted staff and the boards and
commissions do not support these regulations.
Councilmember Troxell stated he would not support the motion as citizens have already petitioned
against FAR changes. He argued the proposal has not been properly vetted and stated the diversity
of Old Town makes it unique.
Councilmember Kottwitz stated realtors and developers add a great deal to this community and
expressed appreciation for their attention to community issues. -
Mayor Weitkunat stated the FAR piece has no known result and it remains the controversial issue.
She stated it is inappropriate to pit developers and realtors against citizens. She noted there are three
boards and commissions which have recommended Option B.
Councilmember Horak noted listening can result in different conclusions. He stated the phasing
option presented by Mr. Skutchan had some good ideas but had not been vetted through the entire
process. He noted Council voted to repeal the last ordinance based on a citizen petition which was
based on the process of the major changes made at second reading, more than the substance of the
regulations. He stated he would support the motion.
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The vote on the motion was as follows: Yeas: Manvel, Ohlson, Poppaw and Horak. Nays:
Weitkunat, Kottwitz and Troxell.
THE MOTION CARRIED.
Ordinance No. 023, 2013,
Amending the City Code to Prohibit the Disposal of Cardboard in
the Community's Waste Stream and to Amend Requirements for
Recycling Applicable Solid Waste Collection, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on February 12, 2013 by a vote of 5-2 (nays: Kottwitz,
Troxell), will prohibit placing corrugated cardboard boxes/packaging in trash containers for
disposal in landfills by any type of waste generator- in Fort Collins, including commercial,
industrial, and residential customers.
BACKGROUND /DISCUSSION
Staff has prepared an Implementation Plan (Attachment 2), which lays out details and a schedule
for applying new,restrictions to the disposal of cardboard in the waste stream. Elements include:
education/outreach activities; a notification system to warn residents and businesses when
cardboard -in -the -trash incidents occur; and, description ofsituations likely to result in enforcement
activities, who will be held accountable, and how enforcement will be administered by the City.
Stafffollowed up with local trash/recycling companies to evaluate how much money an ordinance
restricting disposal ofcardboard in the waste stream will cost them. Companies that offer services
in Fort Collins vary in size and corporate structure and responses varied widely. Up to $10,000
could potentially be spent by each company over the next couple years to educate customers about
cardboard restrictions and recycling options. To provide more dumpsters and carts to customers
for cardboard recycling, as much as $250, 000 and as little as $20, 000 may be spent on new
equipment. Each company cited a 3-year return on investment period. A concern to some
companies is the roll -out period for providing new containers to customers, since it may take 2-3
months for manufacturers to fill orders (addressed in the Implementation Plan as a timing
consideration).
Council requested a broader definition for ways that cardboard can be diverted from landfill
disposal, in addition to conventional recycling processes. Information is included in the
Implementation Plan about alternative ways to manage waste cardboard, and staff is working on
gettinga "cardboard box exchange "established on the City's website that will be publicized as part
of the education and outreach program.
A suggestion was to modify the ordinance for when groups of customers need to come into
compliance, granting more time for multi family complexes. However, it will be easier to bring all
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customers into the program from the outset, in terms of informing the public about the new
restrictions. As described in thelmplementation Plan, entities will be given individualized attention
and options for coming up to speed on a collection program that works best and addresses their
unique concerns. For instance, if employees hide cardboard under the trash instead of recycling
it, a business owner may elect to invite City staff to provide training for workers. For multi family
complexes or businesses, if non -authorized dumping results in cardboard in the trash, City staffcan
help managers identify perpetrators (leaving address labels on delivery boxes is a surprisingly
common oversight made by illegal dumpers) and will help by sending a warning letter explaining
that City Code treats "theft of service" as a punishable offence in Fort Collins. Finally, for all
situations, good signage is an extremely important tool for eliciting the best recycling practices;
staff will work closely in providing customized signage for a variety of business and multifamily
locations that clearly communicates the "do's and don'ts" of the Ordinance, and why cardboard
in the waste stream is prohibited throughout the community. "
Susie Gordon, Senior Environmental Planner, reviewed the objectives of this Ordinance. She
discussed staff s new implementation and enforcement plan which has been devised in response to
questions on First Reading.
Patrick Edwards, 1731 Valley Forge, compared this regulation to littering regulations and opposed
the Ordinance.
Eric Sutherland, 3520 Golden Currant, asked if there were any reports or statistics regarding the ban
on electronic waste. He opposed the Ordinance and stated prohibitions do not work.
Bob Overbeck, 302 Parker, supported the Ordinance.
Ross Cunniff, 2267 Clydesdale, supported the Ordinance and requested consideration of recycle
pick-up every week.
Hunter Buffington, Fort Collins Sustainability Group, supported the Ordinance.
Nancy York, 130 South Whitcomb, supported the Ordinance and encouraged a strong educational
component.
Joe Rowan, 621 Gilgalad, opposed the Ordinance and questioned who would be responsible for
cardboard being placed in business dumpsters by unauthorized individuals.
Councilmember Troxell commended the additional work done on the implementation and
enforcement response plan.
Suspension of Rules
Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to suspend the rules
to extend the meeting past 12:00 a.m. to finish only this item. Yeas: Weitkunat, Poppaw, Horak,
Marvel and Ohlson. Nays: Kottwitz and Troxell.
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THE MOTION CARRIED.
Councilmember Troxell requested a definition of Kraft paper. Gordon replied it is an industrial term
for the outer layers of corrugated cardboard.
Councilmember Troxell asked if paper board is exempted from these regulations. Gordon replied
in the affirmative.
Councilmember Troxell noted paint on cardboard allows it to be thrown in the trash. Gordon replied
liquid saturation causes the cardboard to be rejected.
Councilmember Troxell asked why the Building Services Department will be in charge of
construction sites instead of the Environmental Services Department. Gordon replied the Building
Services staff regularly inspects construction sites for recycling compliance.
Councilmember Troxell asked how reuse is being encouraged. Gordon replied ari exchange site is
being considered for things like shipping and packaging boxes.
Councilmember Troxell asked if financial incentives are budgeted. Gordon replied there is a plan
to use some of the money from the Road to Zero Waste project from the BFO process. There is
$10,000 available, which is planned to aid the commercial sector in getting recycling systems
established.
Councilmember Troxell asked about the budget impact of staffing for the ,implementation and
education phase, given that the Ordinance will go into effect in ten days. Gordon replied the budget
will be reprioritized. Lucinda Smith, Environmental Sustainability Director, noted Council provided
an additional enhancement offer during the budgeting process, part of which was to specifically
support business and multi -family recycling. A portion of that will. go specifically for the cardboard
recycling issue.
Councilmember. Troxell asked about a potential conflict between the wording which prohibits
burying cardboard and composting: Gordon replied the Code chapter regarding trash prohibits
burying solid waste.
Councilmember Troxell asked about trash haulers' subjectivity regarding the 25% regulation.
Gordon replied trash haulers are able to make a visual observation as they empty bins. She noted
it is in the best interest of the trash haulers to communicate with customers regarding these issues.
Councilmember Troxell stated this Ordinance would make the hauler the enforcer. Gordon replied
haulers are already the enforcer for paint, electronic waste, and other materials that are not allowed
in the landfill.
Councilmember Troxell stated this is different, because there is a judgment call regarding the 25%.
He asked how complaints will be handled.
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Bruce Hendee, Chief Sustainability Director, noted waste diversion is not all that precise. The
enforcement will be very gradual; only after repeated violations will a notice be issued. The goal
is to establish a normative standard.
Councilmember Troxell asked about the responsibility of trash haulers in the implementation plan.
Gordon replied the licensing provision for trash haulers is a different chapter of the Code. If there
is a problem that has occurred on the part of the hauler, there is direct contact from City staff. She
outlined the Code requirements of trash haulers. City Attorney Roy reviewed the penalties for
violations.
Councilmember Poppaw asked how much time the haulers will have to get up to speed on the issue.
Gordon replied the haulers have been in the loop since September and are prepared to begin
implementation.
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 023, 2013, on Second Reading. Yeas: Weitkunat, Marvel, Ohlson, Poppaw and Horak. Nays:
Kottwitz and Troxell.
THE MOTION CARRIED.
Adjournment
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00
p.m. on Monday, March 18, 2013, so that the Council may consider any additional business that may
come before it. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays:
none.
THE MOTION CARRIED.
The meeting adjourned at 12:33 a.m.
ATTEST: OF FOR
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