HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2008 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE M ITEM NUMBER: 6
AGENDA ITEM SUMMARY DATE: July 1, 2008
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and Approval of the Minutes of the May 20 and June 3, 2008 Regular Meetings and
the June 24, 2008 Adjourned Meeting.
May 20,2008
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, May 20, 2008,
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: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy,and Troxell.
Staff Members Present: Atteberry, Harris, Roy.
Citizen Participation
The following citizens urged Council to adopt a resolution calling for the withdrawal of U.S.troops
from Iraq:
Joe Kissell, 913 West Oak
Don Flick, 520 North Sherwood
Ann Ruddy, 3724 Kentford Road
Monte Barry, Park Lane Towers
Zach Heath, 408 East Elizabeth
Cheryl Distaso, 135 South Sunset
Joe Stern, 421 South Howes
Tony Baltic, 322 South Grant
Steve Raymer, Fort Collins Mennonite Fellowship pastor
Margaret Smith, 1980 Welch Street
Paul Smith, Fort Collins resident
Nancy York, 130 South Whitcomb
John Anderson, Erie resident
Lisa Olivas, Fort Collins resident
Lloyd Walker, 1756 Concord Drive,stated the 3-unrelated ordinance has been effective in assisting
and preserving the quality of life in his neighborhood. He requested a public progress report on the
effectiveness of the ordinance throughout Fort Collins.
Dolores Williams,415 Mason Court, stated the 3-unrelated ordinance resulted in a"taking"of real
estate property and should not be legal. She also urged Council to adopt a resolution calling for the
withdrawal of U.S. troops from Iraq.
Citizen Participation Follow-up
Councilmember Ohlson stated Council consideration of a resolution calling for the withdrawal of
troops from Iraq would not have any effect on decisions made at the national level. Those citizens
who have spoken regularly at Council meetings about this resolution have made a greater impact
than a Council resolution would have. He believed the war in Iraq was a colossal mistake.
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Councilmember Manvel stated while the war in Iraq has been very costly, any resolution passed by
Council will not bring about a quick resolution of the war.
Councilmember Poppaw stated a resolution passed by Council regarding the war would not have any
impact. The cost of the war is staggering,does have a local impact and the citizens that share those
costs with Council have done much to keep the war in the public eye.
Councilmember Roy stated the 3-unrelated ordinance has had a positive effect by lessening the
impact of large numbers of renters in a neighborhood. He thanked the citizens for continuing their
efforts to end the war in Iraq.
Councilmember Ohlson stated the 3-unrelated ordinance is not considered a"taking" of real estate
property but is a reasonable regulation. A "taking" is when a property owner is not allowed the
reasonable, economic use of one's property, which this ordinance does not do.
Agenda Review
City Manager Atteberry stated there were no changes to the published Agenda.
A citizen pulled Item#10 Second Reading of Ordinance No. 045, 2008,Authorizing the Conveyance
of Non-exclusive Drainage Easement Interests and a Temporary Construction Easement for a
Drainage Channel for J-B Investments, Inc., on a Portion of the City-Owned Timnath Community
Separator.
CONSENT CALENDAR
6. Second Readine of Ordinance No. 041, 2008, Amending Section 2-272 of the City Code
Pertaining to the Duties and Functions of the Land Conservation and Stewardship Board
This Ordinance, unanimously adopted on First Reading on April 15, 2008, modifies the
duties of the Land Conservation and Stewardship Board as contained in Section 2-272 of the
City Code. The proposed modification will broaden the scope of the Board's functions to
include review of City plans or projects, or projects or those of other public or private
entities, that could have some impact on properties that are either owned by the Natural
Areas Program or are of interest to the Program,if such review is requested by either the City
Manager or the City Council.
The Ordinance was amended on First Reading to expand the kinds of plans and projects that
the Board may review and clarify that the duties of the Board do not include review of land
use proposals submitted to the City for approval under the Land Use Code. The revised
language was reviewed and clarified after First Reading to exclude from the new Board role
development projects for which applications have been submitted to the City for approval
under the Land Use Code.
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7. Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Ca ital Projects Fund for Building
on Basics - Harmony, Seneca to College Avenue Project.
This Ordinance,unanimously adopted on First Reading on May 6,2008,appropriates funds
for the widening of Harmony Road. The proposed improvements include widening West
Harmony Road between Seneca and College Avenue to 4-lane arterial street standards
including bike lanes, sidewalks and a reconstruction of the Harmony/Shields intersection.
Construction is planned in 2008 for West Harmony from Seneca to the Burlington Northern
Railroad, including the Harmony/Shields intersection.
8. Second Reading of Ordinance No. 043, 2008, Appropriating Prior Year Reserves in the
General Fund to Purchase Property Located at 225 Maple Street.
The City has acquired all of Block 32,with the exception of the property at 225 Maple Street.
The Civic Center Master Plan includes two City office buildings on this block. The new
office building has not been planned,but this property will be used either as the building site,
a parking garage, or a park adjacent to the new building. This Ordinance, unanimously
adopted on First Reading on May 6, 2008, appropriates the funds necessary to acquire the
property and pay associated expenses for the purchase.
9. Second Reading of Ordinance No.044,2008, Authorizing the Conveyance of Real Property
Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb
Street.
The property owners at 525 North Whitcomb Street wish to purchase from the City a small
offsetting portion of Lot 1 of the Utility Service Center development, located immediately
adjacent and north of 525 North Whitcomb Street to compensate for a historical
encroachment by a neighboring property at 523 North Whitcomb . This Ordinance,
unanimously adopted on First Reading on May 6, 2008, authorizes this conveyance.
10. Second Reading of Ordinance No.045,2008,Authorizing the Conveyance ofNon-exclusive
Drainage Easement Interests and a Temporary Construction Easement for a Drainage
Channel for J-B Investments, Inc., on a Portion of the City-Owned Timnath Community
Separator.
J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of
the intersection of I-25 and Prospect Road,is requesting 4 non-exclusive drainage easements
across the 105 acre City property formerly known as the Vangbo Property, located in the
Timnath Community Separator Area, on the east side of the I-25 East Frontage Road. In
addition,J-B Investments is requesting a 20-foot temporary construction casement adjacent
to the 30-foot drainage easement contiguous to the northern boundary. This Ordinance,
unanimously adopted on May 6, 2008, authorizes the conveyance of these easements.
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11. Second Reading of Ordinance No. 046, 2008, Re-authorizing the Issuance and Sale by the
City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds
Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic
Development Revenue Bonds, Series 2008b (Custom Blending Inc Project) in the
Combined Aggregate Principal Amount Not to Exceed $5 000 000 for the Purpose of
Financing the Acquisition, Construction and Equipping of a Manufacturing Facility in the
City of Fort Collins,Colorado,and to Pay Certain Costs of Such Bond Issue•Approving and
Authorizing Execution of a Trust Indenture, Loan Agreement Promissory Note and Bond
Purchase Agreement with Respect to the Bonds:Makin Findings indings and Determinations with
Respect to the Project and the Bonds: Authorizing the Execution and Delivery of Related
Documents• and Repealing All Action Heretofore Taken in Conflict Herewith.
On March 4, 2008 the City Council adopted Ordinance No. 022, 2008, authorizing the
issuance of variable rate economic development bonds for Custom Blending, Inc. That
Ordinance provided Custom Blending a"60 day window,"beginning on March 14th,to issue
bonds. As a result of difficult financial markets and ongoing negotiations related to the site,
the bond issue has been delayed and will not be completed by May 13th. This Ordinance,
unanimously adopted on First Reading on May 6,2008, will re-authorize the bond issuance
and provide Custom Blending a new "60 day window" beginning May 30th to issue the
bonds.
This Ordinance will re-authorize the issuance of an amount not to exceed $5,000,000 of
economic development revenue bonds for the Custom Blending, Inc. project (a small
manufacturing company)from the annual statewide allocation the City receives. This is not
the receipt of dollars, but the right to issue tax exempt bonds for purposes prescribed in the
Internal Revenue Code by the federal government. Economic development revenue bonds
are one type of bond that can be issued for private activity purposes. For fiscal year 2008,
the City of Fort Collins received a private activity bond allocation of$5,504,218. These
bonds are not an obligation of the City of Fort Collins.
12. Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the
General Fund for Review and Analysis of the Draft Environmental Impact Statement for
Northern Integrated Supply Project.
Staff has been preparing for several months for the release of a Draft Environmental Impact
Statement("DEIS")associated with the Northern Integrated Supply Project("NISP"). The
DEIS was issued on April 30,2008,and staff will now proceed to analyze NISP based on the
DEIS rather than predictions of what the DEIS would contain. The DEIS contains
approximately 700 pages of detailed analysis,together with numerous technical reports and
other appendices,and preparation of meaningful comments will require substantial effort and
the assistance of qualified consultants to provide input regarding potential impacts to the City
and along the Poudre Corridor from NISP. The Ordinance, unanimously adopted on First
Reading on May 6,2008, appropriates $225,000 in General Fund reserves to assist with the
costs associated with review of and commenting on the DEIS. Utilities and Natural Areas
will also provide additional funding for this work from already-appropriated monies.
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13. Second Reading ofOrdinance No.048,2008,Authorizing the Lease of Portion Of Running
Deer Natural Area To Hageman Earth Cycle, Inc.
Running Deer Natural Area was purchased in 3 transactions between 1998 and 2000.
Included in the purchase was a 15-acre parcel leased to Hageman Earth Cycle by the previous
owners for the operation of an organic material drop off site, material processing, and sale
of landscape products. This portion of Running Deer has been leased to Hageman Earth
Cycle since 2001. This Ordinance, unanimously adopted on First Reading on May 6,2008,
authorizes a new lease for one year with up to nine renewals.
Since adoption on First Reading, staff has reviewed and revised the proposed Lease
Agreement with Hageman Earth Cycle, in order to more fully address concerns that were
raised in the Council's discussion of the item. In addition to clarifying that the Lease may
only be renewed by mutual agreement,the Lease Agreement has also been modified to more
specifically outline the requirements for stormwater planning and improvements on the
Premises, and to set an interim deadline for that process. In addition,the Lease Agreement
has been revised to make clear that any composted materials brought to the Premises must
be from a legally compliant composting facility. Finally,a term has been added to the Lease
requiring Hageman Earth Cycle, Inc., to provide a written report to the City upon request,
regarding the actions taken by Hageman to identify and arrange for use of one or more
relocation sites for Hageman's operations on the Premises and adjoining property.
In addition, the Ordinance has been revised to direct the City Manager to at least annually
review the status of compliance with lease and regulatory requirements and efforts by the
Lessee to identify and arrange for a relocation site,and to report the outcome to the Council.
14. Items Relating to the Adoption of the 2006 International Building Code (IBC) 2006
International Energy Conservation Code (IECC) and Local Amendments.
A. Second Reading of Ordinance No. 049, 2008, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Adopting the 2006 International
Building Code®, with Amendments.
B. Second Reading of Ordinance No. 050, 2008, Amending Chapter 5, Article I1,
Division 2, of the City Code For the Purpose of Adopting the 2006 International
Energy Conservation Code®, with Amendments.
The 2006 IBC and the 2006 IECC are the most up-to-date editions of the model building
codes available that apply to newly constructed commercial, industrial and multi-family
buildings(3 or more units),and new additions to such existing buildings. These Ordinances,
unanimously adopted on First Reading on May 6,2008, replace the obsolete 1997 Uniform
Building Code (UBQ and companion energy code regulating multi-family and commercial
buildings.
Ordinance No. 050, 2008 was revised between First and Second Reading to add some
technical provisions that had been omitted. Specifically these short amendments address
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increased below-grade wall insulation and concrete slab-on-ground insulation required in
new multi-family and commercial buildings, that were recommended by the code review
committee. Additionally, a few words of superfluous and redundant language in another
amendment were removed.
15. First Reading of Ordinance No.051,2008,Appropriating Prior Year Reserves in the General
Fund from Police Seizure Activities for Police Services.
This Ordinance appropriates funds to be used by Police Services to purchase new equipment
and pay for training as well as to fund partnerships with community groups that seek to
promote positive youth activities, anti-violence, anti-drug, and diversity activities. It also
appropriates funds from the Latimer County Drug Task Force Reserve to be used to purchase
equipment and attend training specifically designed to obtain information from cell phones
during the course of drug/non-drug investigations.
16. Items Relating to the Shields and Vine Enclave Annexation and Zoning,
A. Hearing and First Reading of Ordinance No. 052,2008,Annexing Property Known
as the Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado.
B. Hearing and First Reading of Ordinance No. 053, 2008,Amending the Zoning Map
and Classifying for Zoning Purposes the Property Included in the Shields and Vine
Enclave Annexation to the City.
This is a request to annex an enclave of 4.84 acres at the northwest corner of North Shields
Street and West Vine Drive and place the properties CL — Limited Commercial Zone
District. The annexation area has been surrounded by the City of Fort Collins for more than
three years;therefore,no annexation petition is required for this annexation. This annexation
request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations,the City of Fort Collins Comprehensive Plan, the Larimer County and City of
Fort Collins Intergovernmental Agreement,the City of Fort Collins Land Use Code,and the
Northwest Subarea Plan. There are no issues or known controversies associated with this
annexation.
17. Items Pertaining to the Fossil Creek Reservoir Open Space Annexation
A. Resolution 2008-045 Setting Forth Findings of Fact and Determinations Regarding
the Fossil Creek Reservoir Open Space Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 054, 2008,Annexing Property Known
as the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 055, 2008,Amending the Zoning Map
and Classifying for Zoning Purposes the Property Included in the Fossil Creek
Reservoir Open Space Annexation to the City.
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This is a 100%voluntary request to annex 328.75 acres knows as the Fossil Creek Reservoir
Open Space and place the properties POL — Public Open Lands Zone District. This
annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations,the City of Fort Collins Comprehensive Plan,the Larimer County and
City of Fort Collins Intergovernmental Agreement,the City of Fort Collins Land Use Code,
and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies
associated with this annexation.
18. First Reading of Ordinance No. 056, 2008, Vacating a Portion of Rijzht-of-Wav for Big
Dipper Drive.
This Ordinance vacates a portion of right-of-way for Big Dipper Drive. Big Dipper Drive
right-of-way was originally dedicated as 60 feet in width (30 feet on each side of the
centerline). This proposed roadway will be constructed by the Old Oak Estates development
as a local residential street connecting Strauss Cabin Road with Northern Lights Drive. The
current standards for a local residential street require a total of only 51 feet of right-of-way
(25.5 feet on each side of the centerline). The developer has requested that the"excess"4.5
of right-of-way on the north side,adjacent to their property,be vacated by the City.A utility
and drainage easement will be retained and a new standard 9-foot utility and drainage
easement will be dedicated on the old Oak Estates Plat.
19. First Reading of Ordinance No. 057, 2008 Authorizing the Lease of City-Owned Property
at 906 East Stuart Street for Up to Five Years.
The City has leased 906 East Stuart to River Song Waldorf School since August 2006. River
Song has metthe national Community Development Block Grant Funding("CDBG")criteria
by serving a majority(51%or more)of low-moderate income clients below 80%of the Area
Median Income. This Ordinance requests authorization to lease the property to River Song
Waldorf School for up to five years.
20. First Reading of Ordinance No. 058, 2008, Desiiznatina the George W. and Estella Bell
House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to
Chanter 14 of the Cites
The Bell House, 1108 West Mountain Avenue, was constructed in the late 1800s or early
1900s. The home is a good example of late 19th—early 20th century Vernacular Domestic
Architecture, with classical details. The home and its associated front gable wood frame
garage retain a preponderance of integrity, and the property significantly portrays the
architectural characteristics predominant in Fort Collins at the turn of the last century.
21. Resolution 2008-046 Authorizing the Lease of City-Owned Property at 1506B West
Horsetooth Road, for up to Two Years.
The City acquired this property as part of the Affordable Housing Land Bank Program(the
"Land Bank Program"). The total property is composed of 8.3 acres of development land.
Currently this site has one single family residence,one building with an efficiency apartment
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and garage, and horse facilities. One of the goals of the Land Bank Program is to hold land
for a minimum of ten years. Leasing the property during this time period generates revenue
for the program, eliminates ground maintenance and discourages vandalism in empty
structures. The lease for 1506B West Horsetooth Road is for the efficiency apartment.
22. Resolution 2008-047 Naming an Alley Located in Downtown Fort Collins the"Montezuma
Fuller Alley."
The alley naming will allow buildings to have legal entries on the alley. It will simplify
driving directions for residents, emergency personnel and delivery people.
23. Resolution 2008-048 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements.
The Cultural Development and Programming and Tourism Programming accounts (Fort
Fund) provide grants to fund community events. This resolution will adopt the
recommendations from the Cultural Resources Board to disburse these funds.
24. Resolution 2008-049 Nominating Mayor Doug Hutchinson as a Candidate to the Executive
Board of the Colorado Municipal League.
This Resolution formally endorses the nomination of Mayor Doug Hutchinson as a candidate
to the Executive Board of the Colorado Municipal League. Mayor Hutchinson is an active
participant and continues to represent the City well as a member of the Colorado Municipal
League Executive Board.
25. Resolution 2008-050 Making Appointments to the Building Review Board and the Parks and
Recreation Board.
A vacancy currently exists on the Building Review Board due to the resignation of David
Carr who was appointed to serve on the CDBG Commission effective June 1, 2009.
Councilmembers Ohlson and Roy reviewed the applications on file and are recommending
Jim Schilling to fill the vacancy with a term to begin immediately and set to expire on
December 31, 2009.
Two vacancies currently exist on the Parks and Recreation Board due to the death of Walt
Peeples and the resignation of Cathy Kipp. Applications were solicited and Councilmember
Ohlson and Mayor Hutchinson conducted interviews. The Council interview team is
recommending Fred Bitting and Shirley Christian to fill the vacancies with terms to begin
immediately and set to expire on December 31, 2012.
***END CONSENT***
Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris.
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6. Second Reading of Ordinance No. 041, 2008, Amending Section 2-272 of the City Code
Pertaining to the Duties and Functions of the Land Conservation and Stewardship Board.
7. Second Reading of Ordinance No. 042, 2008, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for Building
on Basics - Harmony, Seneca to College Avenue Project.
8. Second Reading of Ordinance No. 043, 2008, Appropriating Prior Year Reserves in the
General Fund to Purchase Property Located at 225 Maple Street.
9. Second Reading of Ordinance No.044,2008, Authorizing the Conveyance of Real Property
Located at the Utility Service Center to an Adjacent Property Owner at 525 North Whitcomb
Street.
10. Second Reading of Ordinance No.045,2008,Authorizing the Conveyance ofNon-exclusive
Drainage Easement Interests and a Temporary Construction Easement for a Drainage
Channel for J-B Investments, Inc., on a Portion of the City-Owned Timnath Community
Separator.
11. Second Reading of Ordinance No. 046, 2008, Re-authorizing the Issuance and Sale by the
City of Fort Collins, Colorado of Variable Rate Economic Development Revenue Bonds,
Series 2008a (Custom Blending, Inc. Project) and of Taxable Variable Rate Economic
Development Revenue Bonds, Series 2008b (Custom Blending, Inc. Project) in the
Combined Aggregate Principal Amount Not to Exceed $5,000,000 for the Purpose of
Financing the Acquisition, Construction and Equipping of a Manufacturing Facility in the
City of Fort Collins, Colorado,and to Pay Certain Costs of Such Bond Issue;Approving and
Authorizing Execution of a Trust Indenture, Loan Agreement, Promissory Note and Bond
Purchase Agreement with Respect to the Bonds;Making Findings and Determinations with
Respect to the Project and the Bonds; Authorizing the Execution and Delivery of Related
Documents; and Repealing All Action Heretofore Taken in Conflict Herewith.
12. Second Reading of Ordinance No. 047, 2008, Appropriating Prior Year Reserves in the
General Fund for Review and Analysis of the Draft Environmental Impact Statement for
Northern Integrated Supply Project.
13. Second Reading of Ordinance No.048,2008,Authorizing the Lease of a Portion Of Running
Deer Natural Area To Hageman Earth Cycle, Inc.
14. Items Relating to the Adoption of the 2006 International Building Code (IBC), 2006
International Energy Conservation Code (IECQ and Local Amendments.
A. Second Reading of Ordinance No. 049, 2008, Amending Chapter 5, Article II,
Division 2, of the City Code for the Purpose of Adopting the 2006 International
Building Code®, with Amendments.
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B. Second Reading of Ordinance No. 050, 2008, Amending Chapter 5, Article II,
Division 2, of the City Code For the Purpose of Adopting the 2006 International
Energy Conservation Code®, with Amendments.
Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris.
15. First Reading of Ordinance No.051,2008,Appropriating Prior Year Reserves in the General
Fund from Police Seizure Activities for Police Services.
16. Items Relating to the Shields and Vine Enclave Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 052,2008, Annexing Property Known
as the Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado.
B. Hearing and First Reading of Ordinance No. 053, 2008,Amending the Zoning Map
and Classifying for Zoning Purposes the Property Included in the Shields and Vine
Enclave Annexation to the City.
17. Items Pertaining to the Fossil Creek Reservoir Open Space Annexation.
B. Hearing and First Reading of Ordinance No. 054,2008,Annexing Property Known
as the Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 055,2008,Amending the Zoning Map
and Classifying for Zoning Purposes the Property Included in the Fossil Creek
Reservoir Open Space Annexation to the City.
18. First Reading of Ordinance No. 056, 2008, Vacating a Portion of Right-of-Way for Big
Dipper Drive.
19. First Reading of Ordinance No. 057, 2008, Authorizing the Lease of City-Owned Property
at 906 East Stuart Street for Up to Five Years.
20. First Reading of Ordinance No. 058, 2008, Designating the George W. and Estella Bell
House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
Councilmember Troxell made a motion,seconded by Councilmember Roy,to adopt and approve all
items not withdrawn from the Consent Calendar . Yeas: Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Troxell noted Item #7 Second Reading of Ordinance No. 042, 2008, Authorizing
the Transfer of Existing Appropriations from the Street Oversizing Fund to the Capital Projects
Fund for Building on Basics-Harmony, Seneca to College Avenue Project is a long overdue project
that will improve Harmony Road and greatly benefit all of Fort Collins and he requested information
on the installation of a signal at the Westbury intersection. City Manager Atteberry stated a signal
will be located at that intersection, but currently there is no funding for the signal.
Councilmember Ohlson thanked Mayor Hutchinson for his willingness to serve on the Colorado
Municipal League Executive Board.
Councilmember Manvel noted Item #22 Resolution 2008-047 Naming an Alley Located in
Downtown Fort Collins the "Montezuma Fuller Alley" is the first alley naming for the downtown
area.
Staff Reports
City Manager Atteberry stated Channel 14 offers live video streaming and video playback of Council
meetings with more than 3000 video views each month. He recognized the Channel 14 staff for their
quality of work.
City Manager Atteberry noted a Transfort survey showed overall ridership is up 14.5% from first
quarter of 2007 and that statistics showed improvements in ridership safety from 2007 to 2008.
Jeff Scheick, Planning, Development and Transportation Director, gave a presentation on the road
construction currently underway on East Harmony.
Councilmember Reports
Councilmember Ohlson reported Governor Ritter was signing a bill into effect that extends the life
of the Downtown Development Authority.
Resolution 2008-051 Establishing City Greenhouse Gas Reduction Goals, Adopted
The following is staff s memorandum on this item.
"FINANCL4L IMPACT
The short-term financial impact will be assessed through the development of the updated Climate
Plan that will be brought for Council consideration later this year. The timing and magnitude of
the financial impacts, including costs and savings, will be established as Council makes decisions
about how and when to implement strategies presented in the updated Climate Plan. Additional
resources will be needed to manage the annual reporting and biennial review process.
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EXECUTIVE SUMMARY
In 1999, Fort Collins City Council adopted a community-wide greenhouse gas reduction goal "to
reduce greenhouse gas emissions 30% below predicted 2010 levels, by 2010" and a plan to meet
it. Biennial progress reports have shown that good progress is being made but that Fort Collins is
not on track to meet the goal. At a February 26, 2008 work session, Council reviewed a series of
measures developed by the Fort Collins Climate Task Force designed to help meet the 2010 goal.
Council supported continued efforts to reduce local greenhouse gas emissions but expressed interest
in establishing a new, longer-term goal that aligns with the newly established statewide goal. This
resolution sets a goal to reduce Fort Collins greenhouse gas emissions 20% by 2020 and 80% by
2050, both when compared to 2005 emissions levels. It also calls for the preparation of an updated
Climate Plan addressing how progress can be made on interim milestones and calls for an annual
progress report and biennial review of progress on the new goal.
BACKGROUND
I. Original 2010 Greenhouse Gas Goal
In 1999, City Council adopted Resolution 1999-137, setting the goal to reduce citywide greenhouse
gas emissions 30%below predicted 2010 levels, by 2010. The 1999 Fort Collins Local Action Plan
to Reduce Greenhouse Gas Emissions outlines how to accomplish that goal.
Fort Collins has made good progress reducing emissions since adopting the original goal.
Highlights include conversion oftraff:c signals from incandescents to LEDs, implementing the still-
growing Climate Wise business program, offering numerous energy conservation programs to
residents and businesses, increasing Fort Collins percent of renewable energy through voluntary
wind subscriptions and rate-based green power programs, and increased community recycling
opportunities including installation of a centralized recycling drop-off facility. Benefits to the
communityfrom implementing measures in the 1999 Local A ction Plan have been wide-ranging and
include air pollution reduction, reduced waste in the landfill, increased supportfor local businesses
and the economy, and generally improved quality of life.
By 2006, over 243,000 tons of greenhouse gases were reduced through these efforts, or about 8
percent of emissions in that year. Recognizing that Fort Collins was not on track to meet the 2010
goal, City Council authorized a Climate Task Force(CTF)to develop an updated plan for the 2010
goal and to recommend a future direction for climate protection. The CTF developed an interim
package of measures that were designed to meet the 2010 goal. At a February 26, 2008 work
session, Council reviewed the interim Short-Term Provisional Package and raised questions about
the appropriateness of the 2010 goal. Council decided to step back and revisit the community's
greenhouse gas goal in hopes offending an approach that reflects longer-term thinking yet remain
appropriately aggressive in the short-term.
II. Consideration of a New Greenhouse Gas Goal
At a Council work session on March 26, 2008, Council was presented with information about three
alternative future greenhouse goals, including a pair ofstatewide goals identified in the Colorado
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Climate Action Plan. City staff and the Climate Task Force recommended that Fort Collins adopt
the same goals identified for the state of Colorado:
• Reduce greenhouse gas emissions 20% below 2005 levels, by 2020.
• Reduce greenhouse gas emissions 80%below 2005 levels, by 2050.
At the work session, Council expressed support for a Resolution to bring forward these goals for
adoption.
Two important factors set this pair of goals above other alternatives:
1. Consistency
2. Need.
1. Consistency
The Colorado Climate Project was convened in 2007 to bring Coloradans together to reduce the
state's contribution and vulnerability to climate change. In October 2007, the Climate Action Panel
(CAP) recommended setting goals for reducing Colorado's emissions "in the vicinity of a 20%
reduction in greenhouse gas emission by 2020 and an 80%reduction by 2050, both compared to 200
levels, "along with numerouspolicy recommendations to reduce emissions. The goals recommended
by the CAP were meant to be consistent with the parallel goal of an efficient, robust Colorado
economy. The CAP believes these goals are realistic because:
(1) the panel's quantified recommendations would achieve most ofthe reduction needed to meet
the goal,
(2) the remaining unquantifred CAP recommendations would provide additional reductions, and
(3) other measures beyond the CAP recommendations are available now and more will become
available in the future.
In November 2007, Governor Ritter released the Colorado Climate Action Plan that established the
same goals to reduce Colorado's emissions 20%below 2005 levels by 2020 and 80%below 2005
levels, by 2050. On April 22, 20008 Colorado Executive Order D00408 formally established these
goals for the State of Colorado.
Local alignment with the statewide goals can increase cohesion ofefforts and reduce confusion and
lack offocus that could result when different goals are established by different entities. Even the
terminology ofgoals can be confusing to the public. Adopting the same goals that have been set for
the state may help diminish this confusion.
In addition, the recommended 2020 goal is in alignment with the directive provided to Platte River
Power Authority in the Colorado Climate Action Plan that utilities should seek to lower their
emissions 20%below 2005 levels by 2020. The recommended 2020 goal is also in alignment with
discussion currently underway by the City of Fort Collins Energy Policy Update Committee.
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May 20, 2008
2. Need
Significant thought went into the selection ofstatewide goals, including considerations ofshort-term
feasibility and longer-term efforts needed to avert the worst impacts of climate change.
• The state 2020 goal is largely built upon a plan of action strategies, and state
leaders believe it is achievable in parallel with a robust Colorado economy.
• The recommended 2050 goal is grounded in scientific basis indicating that
reductions ofgreenhouse gas emissions by at least of80%are needed by mid-century
to avoid the most catastrophic impacts of climate change.
In addition, the Fort Collins Community could realize tremendous ancillary economic,
environmental, and social benefits when continuing to taking responsible steps to combat climate
change, such as:
• Support local businesses and stimulate economic development
• Provide economic stimulation of research and development activities
• Reduce home and business energy costs for heating, cooling and lighting
• Reduce home and business motor vehicle fuel costs
• Reduce dependence on foreign fuel sources
• Reduce vulnerability to energy prices increases and volatility
• Reduce peak energy demand and improve utilization of the electricity system
• Diversify energy supply and reduce loads on transmission system
• Reduce air pollution emissions including ozone precursors and fine particles
• Improve public health
• Improve local visibility
• Reduce waste and increase landfill diversion rates
• Reduce vehicle miles traveled and road congestion
• Reduce water consumption in the community
• Increase Fort Collins'ability to adapt to a changing climate
• Provide opportunities for regional, state and national leadership and recognition.
III. Current Emissions Projections
The following table provides the current best estimates for Fort Collins greenhouse gas emissions
levels and future projections. It is important to keep in mind that the emissions inventory and
reduction quantification methodologies and data availability may continue to change with time,
requiring updates to the numbers.
Table 1. Fort Collins GHG Emissions,Projections, and Reductions Needed(517108)
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May 20, 2008
Year Emissions Inventory Source Emissions Inventory Emissions Inventory if
Tons CO2e Achieve Linear
Reductions from 2008
to 2020
1990 Calculated om existing data 1,366,000
2005 Calculated from existing data 2,540,000
2006 1 Calculated from existing data 2,551,000
2007 Calculated om existing data 2,653,000
2008 Future Projection 2,727,000 2,727,000
2009 Future Projection 2,782,000 2,669,000
2010 Future Projection 2,838,000 2,611,000
2011 Future Projection 2,894,000 2,553,000
2012 Future Projection Z951,000 2,495,000
2013 Future Projection 3,008,000 2,437,000
2014 Future Projection 3,065,000 2,379,000
2015 Future Projection 3,123,000 2,321,000
2016 Future Projection 3,179,000 2,263,000
2017 Future Projection 3,235,000 Z205,000
2018 Future Projection 3,292,000 2,147,000
2019 1 Future Projection 3,349,000 2,089,000
2020 1 Future Projection 32407,000 2,032,000
IV. Relationship of 2010 Goal to 2020 Goal
The original 2010 greenhouse gas emissions goal would be successfully met if the community-wide
emissions in the year 2010 were 2.466 million tons CO2e or less, according to the 2010 emissions
projections when the goal was set in 1999. The Climate Task Force was charged with developing
an updated plan to meet the 2010 goal and recommending a future direction for climate protection.
They are working to bring forward an updated plan that, if implemented, will begin to turn Fort
Collins emissions trajectory from growth to reduction. Achievement of the 2010 emissions target
of 2.466 million tons CO2e will necessarily occur at some point between now and 2020 if actions
are implemented to reduce emissions and progress is being made on a 2020 goal.
V Climate Planning and Reporting on a New Greenhouse Gas Goal
In order to make progress on a goal, it is important to develop implementation plans, monitor
progress and update plans as necessary. The proposed resolution calls for the development of an
updated climate action plan that identifies interim milestones and strategies for achieving those
milestones. It is not an efficient use ofresources now to develop a detailed implementation plan that
addresses the entire path from the present to 2020 in light of evolving technology, market and
regulatory conditions. However, the Resolution calls for the development and proposal to Council
of an updated climate action plan that identifies interim milestones and sets the community on
course to meet the 2020 goal. The Resolution also calls for annual progress reports to be prepared
and biennial review of progress relative to interim milestones. Selecting even years for milestones
will allow the opportunity to recommend actions in the next budget cycle. For example, a review
of progress in 2010 would be completed in spring of 2011 and implementation actions could be
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May 20, 2008
recommendedfor inclusion in the 201212013 budget cycle during the summer andfall of2011. The
Climate Task Force endorses an annual reporting and biennial review schedule.
VI. Anticipated Next Steps
May- Climate Task Force completes recommendations to City Manager.
June and July Staff develop recommendations, taking into consideration CTF
recommendations.
July 22 Council work session on draft updated Climate Plan.
August Public Outreach/Board and Commission review.
Sept. 16 Council action to adopt updated Climate Plan.
Fall 2008 forward Subsequent Council actions to adopt specific GHG recommendations. "
Lucinda Smith,Senior Environmental Planner,stated the City was not on track to meet its 2010 goal
of reducing greenhouse gas emissions. The Climate Task Force was formed to update the Climate
Plan to meet the 2010 goal and to recommend a future direction for climate protection in Fort
Collins. The Task Force recommends a 20%reduction in greenhouse gas emission by 2020 and an
80%reduction by 2050. These goals are aligned with the goals set by the State of Colorado in the
Colorado Climate Action Plan in 2007. Actions that reduce greenhouse gas emissions also bring
about air pollution reduction,reduce ozone precursors,reduce reliance on fossil fuels and lessen the
pressure on the landfill, which will benefit the community.
Steve Wolley, 1406 Kenwood Court, Climate Task Force member, stated the Climate Task Force
was also asking Council to include in the proposed Resolution,a commitment to continue to strive
to meet the original 2010 goal, as set in 1999, by 2012. The commitment is to lower emissions
below 2.5 million tons and, if met, will keep the City on track to meet the 2020 and 2050 goals.
Zack Heath, 408 East Elizabeth, urged Council to include the Climate Task Force additional
recommendation in the proposed resolution as interim goals are necessary to meet the 2020 goals.
Lisa Olivas, Fort Collins resident, supported the addition of the 2012 goal to the resolution.
Toni Carsten, 2343 Marshwood Drive, supported the recommendations of the Climate Task Force
and the addition of the 2012 goal to the resolution.
Eric Sutherland,631 LaPorte Avenue,stated the City needed to incorporate procedures and protocols
to ensure every City department is engaged in reducing greenhouse gases.
Delores Williams, 415 Mason Court, spoke in support of the resolution.
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May 20, 2008
Kevin Cross, 300 Peterson, spoke on behalf of the Fort Collins Sustainability Group, which
supported the proposed resolution and its alignment with the State of Colorado greenhouse gas goals
and the addition of the 2012 goal, as proposed by the Climate Task Force.
Nancy York, 130 South Whitcomb,urged Council to adopt the goals in the proposed resolution and
add the recommended 2012 goal to the resolution.
Eric Levine, 514 North Shields, supported the goals proposed by the Climate Task Force and urged
Council to add the 2012 goal to the resolution.
Cheryl Distaso, 135 South Sunset, supported the proposed goals and urged Council to adopt the
resolution.
(**Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Brown asked how reduction in greenhouse gas emissions would provide cost
savings to citizens. Smith stated several strategies recommended by the Climate Task Force have
an up-front cost and investment but, over time, will provide a net cost savings. Energy efficiency
and vehicle miles of travel reduction are examples that will require investing in energy efficiency
upgrades and expanding the infrastructure for transit, but the savings will occur over time.
Councilmember Brown asked if the greater expense of producing wind energy was figured into the
proposed recommendations. Smith stated a series of strategies will be presented to Council with
different costs and savings and Council will be able to select the ones it wants to make progress on
greenhouse gas reduction. Renewable energy strategies have a cost and do not necessarily bring a
savings, but they provide other values such as reducing greenhouse gas emissions and dependence
on foreign fossil fuel. John Stokes,Natural Resources Director,stated the ClimateWise program was
implemented in the past several years and is a voluntary business outreach program that helps
businesses reduce energy costs, improve recycling, and resolve transportation issues. Businesses
have saved millions of dollars through the ClimateWise program and is an example of a cost
effective program with a high return to the community.
Councilmember Manvel asked if the 2012 goal proposed by the Climate Task Force was an
achievable and economically feasible goal for the City. Smith stated the goal is achievable and the
Climate Task Force has developed some strategies to enable the City to meet that goal. Council will
need to decide whether implementing the proposed strategies is economically feasible and how the
costs will be shared between the City and the citizens.
Councilmember Poppaw asked if the Climate Task Force had collaborated with the 21 st Century
Utility group. Smith stated both initiatives are important and two members of the Climate Task
Force are working on the City's Energy Policy Committee,which is interacting with the 21 st Century
Utility group. City Manager Atteberry noted the Climate Task Force started its work months ago
and the 21 st Century Utility group started only recently.
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May 20, 2008
Councilmember Troxell asked which groups had approved the addition of the 2012 goal. Smith
stated staff has not officially reviewed the amended version of the resolution but the Climate Task
Force has specifically requested Council add the 2012 goal to the resolution. The goal set forth in
1999 did include a local action plan to reduce emissions that identified strategies that, if
implemented, would achieve the goal in 2010. Some strategies in the 1999 Plan were out of local
control. The Climate Task Force has focused on activities that are in local control but its
recommendations do not identify every step needed to reach the 2020 goals.
Mayor Hutchinson stated the Leadership Team asked staff to prepare an alternative resolution that
includes the addition of the 2012 goal. City Attorney Roy read the alternative version of the
resolution,which included adding"Whereas,the Fort Collins Climate Task Force has recommended
that Council include in this Resolution an additional goal to the effect that the Fort Collins
community reduce its current greenhouse gas emissions so that,by the end of 2012,such emissions
do not exceed 2.466 million tons." Section 2 would be revised to read"that,pending attainment of
such goals, the Council hereby expresses its intent to reduce current community-wide greenhouse
gas emissions by the end of 2012 to a level not to exceed 2.466 million tons." Section 4 would add
"including the milestone for the year 2012 referenced in Section 2 above."
Councilmember Ohlson asked what the difference was between stating Council"expresses its intent"
and stating the reduction as a goal. City Attorney Roy stated"expresses its intent"was an attempt
to be acceptable to as many Councilmembers as possible. There is no legal difference in terms of
the message expressed. The proposed phrase leaves the formal goals for the years 2020 and 2050,
but does not establish the reduction by 2012 as a third goal. The language sets it as a milestone that
will be the subject of a report from the City Manager. The resolution sets policy but is not legally
enforceable against the City.
Mayor Hutchinson noted the Colorado Climate Project goals were used to set realistic goals for the
City. Using the 2020 and 2050 goals that track with the state's goals will enable the City to work
better with the state and removes confusion over various goals. The 2012 milestone does not match
with the state's goals and should not be called a goal.
Councilmember Ohlson asked for progress reports on the City's efforts to reach the 2012 goal. City
Manager Atteberry stated staff would provide Council with strategies and progress reports on a
regular basis. Smith stated staff will present an updated Climate Plan to Council at the July 22 work
session that will include milestones for the year 2012 and recommendations for strategies to reach
that milestone.
Councilmember Ohlson requested a comparison of Fort Collins to other cities across the country
regarding actions taken to fight climate change.
Councilmember Manvel was concerned about referring to the reduction by 2012 as an"intent"and
not a"goal"and he stated having only the 2020 and 2050 reductions as"goals"was clearer and less
confusing and did match with the State's goals. He asked that staff treat the "intent" as a"goal."
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May 20, 2008
Mayor Hutchinson noted the new language added to the alternative version of the resolution
specifically directs the City Manager bring an execution plan to Council that includes the milestone
for 2012.
Councilmember Roy asked if Section 1 contained any assurances that the City would meet the 2010
goals by 2012. City Attorney Roy stated nothing in the resolution establishes a guarantee that any
of the goals will be met. The resolution is divided into the primary goals, which are the long-term
goals,and steps along the way to attain the long-term goals,referred to as milestones,to demonstrate
the progress being made. Section 1 contains the two goals with an explicit milestone expressed in
Section 2. The other sections are statements of intent as to how the goals can be accomplished
together with the requirement that the City Manager report to Council about the progress being made
by identifying interim milestones and reporting on the efforts to reach those.
Mayor Hutchinson stated the two goals being adopted in the resolution match the State's goals which
were set with much input from experts around the state who worked for a year to develop them.
Those goals are aggressive and are based on science. The milestones are interim measures to ensure
that progress is made toward the big goals.
Councilmember Ohlson stated the wording in the alternative version of the resolution did establish
the intent of Council to move forward with efforts to reduce greenhouse gas and staff will provide
progress reports on actions taken to achieve these goals.
Councilmember Poppaw expressed her disappointment that the 2010 goal would not be met.
Mayor Hutchinson noted the City has already put practices in place that reduce emissions and will
continue to improve practices as well as put new ones into action. Stokes stated one way staff knows
the 2010 goal will not be met is that progress is being measured. The City is ahead of many other
cities because it monitors progress made.
Councilmember Troxell made a motion, seconded by Councilmember Brown, to adopt the
alternative version of Resolution 2008-051.
Councilmember Manvel stated the expression of intent in Section 2 of the resolution clearly stated
that a milestone is now in place and he supported the alternative version of the resolution.
Councilmember Roy thanked the Climate Task Force and the Fort Collins Sustainability Group for
the work done to move the City forward.
Councilmember Poppaw stated this resolution contained achievable goals and she supported the
alternative version of the resolution.
Councilmember Ohlson stated a unified Council vote on this issue sends a strong message that
Council strongly supports these goals.
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May 20, 2008
Councilmember Troxell stated this resolution was supported by staff, Climate Task Force and
Natural Resources Advisory Board and the milestones brought forward should be based in reality
and achievable.
Councilmember Manvel stated emissions have increased since 2005 and setting the milestone of
reducing emissions by 2012 will be challenging but will be good for the community.
Councilmember Brown stated the goals were attainable and he supported the resolution.
Mayor Hutchinson stated the resolution set goals that were important and achievable and sets forth
a process that sets milestones and also establishes a reporting procedure on progress made towards
the goals.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 045,2008,
Authorizing the Conveyance of Non-exclusive Drainage Easement Interests
and a Temporary Construction Easement for a Drainage Channel
for J-B Investments, Inc., on a Portion of the City-Owned
Timnath Community Separator. Adopted on Second Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of the
intersection of I-25 and Prospect Road, is requesting 4 non-exclusive drainage easements across
the 105 acre City property formerly known as the Vangbo Property, located in the Timnath
Community Separator Area, on the east side of the I-25 East Frontage Road. In addition, J-B
Investments is requesting a 20 foot temporary construction easement adjacent to the 30 foot
drainage easement contiguous to the northern boundary. This Ordinance, unanimously adopted on
May 6, 2008, authorizes the conveyance of these easements. "
City Manager Atteberry stated the citizen who pulled this item misunderstood the content of the item
and is no longer present.
Councilmember Manvel made a motion,seconded by Councilmember Roy,to adopt Ordinance No.
045, 2008, on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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May 20, 2008
Other Business
Mayor Hutchinson stated ballots for the proposed citizen-initiated Charter amendment would be
mailed by the end of the week and he urged citizens to vote on the issue.
Adjournment
The meeting adjourned at 9:20 p.m.
Mayor
ATTEST:
City Clerk
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June 3, 2008
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, June 3, 2008, 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: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy,and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
George Hoffman, 1101 Valley Oak Court, opposed raising the sales tax.
Fred Kirsch,509 South Bryan Avenue,Community for Sustainable Energy,stated his group supports
a quality public transportation system and works to improve Fort Collins system as it does fall short
of citizen expectations. He urged Council to address the public transportation issue.
Jennifer Bell, Disabled Resource Services, thanked the Community Development Block Grant
Commission(CDBG)for providing funding for the services the Disable Resource Services provides
to the disabled community.
Joe Kissell, 913 West Oak, urged Council to adopt a resolution calling for the withdrawal of U.S.
troops from the war in Iraq.
Linda Preston, B.A.S.E. Camp Executive Director,thanked the CDBG for its support and funding
that enables B.A.S.E. Camp to provide after-school activities for children.
Vickie Lutz, Crossroads Safehouse Director,expressed her appreciation to the CDBG and Council
for supporting Crossroads Safehouse programs.
Helen Somersall, Fort Collins Catholic Charities Regional Director, thanked the CDBG for
providing funding for the Mission Homeless Shelter. She also thanked Council for approving the
opening of a City building for use as a day homeless shelter during cold weather.
Vivian Armendariz, 820 Merganser Drive,thanked the City for the opportunity to participate in the
CityWorks 101 class and expressed her concerns with the process used to determine Dial-A-Ride
eligibility.
Sherry Pelton, Respite Care Executive Director, expressed her gratitude to the CDBG and Council
for funding provided for Respite Care which provides short term care for families with
developmental disabilities.
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June 3, 2008
Jerri Howe, Matthews House Executive Director, thanked the CDBG for providing funding that
serves youth aging out of foster care,youth on parole with the Division of Youth Corrections, and
homeless youth who have no family support.
Tracy Mead, Education and Life Training Center Executive Director, expressed gratitude to the
CDBG for providing funding used to provide employment skills training to individuals striving to
improve their job situations.
Jeffrey Bassinger,Northern Colorado AIDS Project Executive Director,thanked the CDBG for its
grant which allows the AIDS Project to provide services to people living with HIV and AIDS.
Ben Schrader,928 Pioneer Avenue,asked Council to consider a resolution calling for the withdrawal
of troops from the war in Iraq.
Mary Carraher, Project Self-Sufficiency, thanked the CDBG and Council for funding that allows
Project Self-Sufficiency to serve more families and grow by 50%.
Monte Barron,Park Lane Towers,urged Council to adopt a resolution calling for the withdrawal of
U.S. troops from the war in Iraq.
Citizen Participation Follow-up
Councilmember Roy noted the City Manager was instrumental in providing the City building used
as a day homeless shelter during cold weather.
Councilmember Poppaw thanked all applicants who applied for CDBG grants as the work of those
organizations help to better the community.
Councilmember Manvel stated Council is working to improve public transportation and has
approved the addition of two Transfort routes in the past year. The Mason Corridor will be a major
component of improved public transportation.
Councilmember Ohlson thanked the organizations who applied for CDBG grants and for their work
to improve the lives of Fort Collins residents.
Mayor Hutchinson stated the Mason Corridor Transportation System will be a key part to providing
a viable transit system.
Agenda Review
City Manager Atteberry pulled Item#16 Items Relating to Review ofStormwater Best Management
Practices and Pilot Testing of Low Impact Development Stormwater Practices as Councilmember
Troxell has stated he has a possible conflict of interest with this item.
Councilmember Roy pulled Item#25Items Relatingto the Fort Collins-Loveland Municipal Airport.
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June 3, 2008
Councilmember Ohlson pulled Item #17 First Reading of Ordinance No. 064, 2008, Amending
Sections 23-83 and 24-2 of the City Code Pertaining to Awnings and Canopies over Sidewalks.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the May 6, 2008 Regular Meeting and the
May 13, 2008 Adjourned Meeting
7. Second Reading of Ordinance No. 051, 2008, Appropriating Prior Year Reserves in the
General Fund from Police Seizure Activities for Police Services.
This Ordinance,unanimously adopted on First Reading on May 20,2008,appropriates funds
to be used by Police Services to purchase new equipment and pay for training as well as to
fund partnerships with community groups that seek to promote positive youth activities,anti-
violence, anti-drug, and diversity activities. It also appropriates funds from the Latimer
County Drug Task Force Reserve to be used to purchase equipment and attend training
specifically designed to obtain information from cell phones during the course of drug/non-
drug investigations.
8. Items Relating to the Shields and Vine Enclave Annexation and Zoning
A. Second Reading of Ordinance No. 052, 2008, Annexing Property Known as the
Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado .
B. Second Reading of Ordinance No. 053, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Shields and Vine
Enclave Annexation to the City.
These Ordinances, unanimously adopted on First Reading on May 20, 2008, annex an
enclave of 4.84 acres at the northwest corner of North Shields Street and West Vine Drive
and place the properties in the CL—Limited Commercial Zone District.
9. Items Relating to the Fossil Creek Reservoir Open Space Annexation.
A. Second Reading of Ordinance No. 054, 2008, Annexing Property Known as the
Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 055, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir
Open Space Annexation to the City.
These Ordinances, unanimously adopted on First Reading on May 20, 2008, annex 328.75
acres knows as the Fossil Creek Reservoir Open Space and place the properties in the POL
—Public Open Lands Zone District.
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June 3, 2008
10. Second Reading of Ordinance No. 056, 2008, Vacating a Portion of Right-of-Way for Big
Dipper Drive.
This Ordinance,unanimously adopted on First Reading on May 20,2008,vacates a portion
of right-of-way for Big Dipper Drive,located at the northwest corner of Strauss Cabin Road
(County Road 7)and Big Dipper Drive. A utility and drainage easement will be retained and
a new standard 9-foot utility and drainage easement will be dedicated on the old Oak Estates
Plat.
11. Second Reading of Ordinance No.057,2008,Authorizing the Lease of City-Owned Propertv
at 906 East Stuart Street for Up to Five Years.
The City has leased 906 East Stuart to River Song Waldorf School since August 2006. River
Song has met the national Community Development Block Grant Funding("CDBG")criteria
by serving a majority(51%or more)of low-moderate income clients below 80%of the Area
Median Income. This Ordinance,unanimously adopted on First Reading on May 20,2008,
authorizes the lease of the property to River Song Waldorf School for up to five years.
12. Second Reading of Ordinance No. 058, 2008, Desi natine the George W. and Estella Bell
House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
Ordinance No. 058, 2008, unanimously adopted on First Reading on May 20, 2008,
designates the George W.and Estella Bell House and Garage, 1108 West Mountain Avenue,
as a Fort Collins Landmark. The owner, Gillian Bowser, is initiating this request.
13. First Reading of Ordinance No.059,2008,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Pro ramming Activities and the Fort Collins Convention
and Visitors Bureau.
This Ordinance appropriates lodging tax revenues that were in excess of 2007 budgeted
lodging tax receipts to Cultural Development and Programming ("CDP"), Visitor Events,
and the Convention and Visitors Bureau("CVB")accounts. Lodging tax revenue for 2007
was estimated to be$731,600 and the 2007 budget appropriated an equal amount. However,
actual receipts totaled $837,773 for 2007 and the difference of $106,173 has not been
appropriated.
14. First Reading of Ordinance No. 060, 2008, Appropriating Unanticipated Revenue in the
General Fund for the Purchase. Training and On-going maintenance of the E911 and
Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center.
Latimer Emergency Telephone Authority(LETA)provides funds to the Fort Collins Police
Services to be used for equipment and training to process E911 calls. This Ordinance
appropriates those funds.
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June 3, 2008
15. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant(CDBG)and Home
Investment Partnershig (HOME) Programs, and the City's Human Services Program and
Affordable Housing Fund.
A. Resolution 2008-052 Approving the Programs and Projects that Will Receive Funds
from the Federal Community Development Block Grant (CDBG) and Home
Investment Partnership(HOME)Programs,and the City's Human Services Program
and Affordable Housing Fund.
B. Resolution 2008-053 Approving the FY 2008 Home Investment Partnerships
Program for the City of Fort Collins.
C. Hearing and First Reading of Ordinance No.061,2008,Appropriating Unanticipated
Revenue in the Community Development Block Grant Program.
D. Hearing and First Reading of Ordinance No.062,2008,Appropriating Unanticipated
Revenue and Authorizing the Transfer of Appropriations Between Program Years
in the Home Investment Partnerships Fund.
These Resolutions and Ordinances will complete the spring cycle of the competitive process
for allocating City financial resources to affordable housing programs/projects and
community development activities.
16. Items Relating to Review of Stormwater Best Management Practices and Pilot Testing of
Low Impact Development Stormwater Practices.
A. Resolution 2008-054 Authorizing the City Manager to Execute an Intergovernmental
Agreement with Colorado State University for Review of Stormwater Best
Management Practices.
B. First Reading of Ordinance No.063,2008,Appropriating Prior Year Reserves in the
Stormwater Fund For Review of Stormwater Best Management Practices and
Implementation of Low Impact Development Demonstration Projects.
Council has asked for a review of the City's Stormwater Best Management Practices. City
staff has requested assistance from Colorado State University. This item authorizes the City
Manager to execute an intergovernmental agreement with the Urban Water Center at
Colorado State University for services related to the Best Management Practices review and
appropriates $303,012 from Stormwater reserves to fund the contract.
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June 3, 2008
17. First Reading of Ordinance No. 064, 2008, Amending Sections 23-83 and 24-2 of the City
Code Pertaining to Awnings and Canopies over Sidewalks.
Staff has been approached by a local business seeking permission to install a retractable
shade and rain awning over its permitted eating area encroachment to accommodate patrons
during periods of inclement weather. Current City Code language precludes the issuance of
an encroachment permit to allow the installation of the awning. The amendments to City
Code will allow an encroachment permit to be issued in this instance as well as for other
businesses who seek to place awnings over permitted patio encroachments.
18. First Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code
Concerning the Obligation for Construction of Streets.
This Ordinance clarifies that developers need to dedicate to the City the street rights-of-way
for the local portion of street adjacent their developments and clarifies that when the City
constructs a street, it has a right to seek reimbursement from nearby benefitted properties
(adjacent properties) as well as properties that abut the street constructed by the City.
19. First Reading of Ordinance No. 066, 2008,Authorizing the Purchasing Agent to Enter into
a Lease-Purchase Financing Agreement for Vehicles and Equipment.
This Ordinance authorizes the Purchasing Agent to enter into a lease-purchase financing
agreement with Koch Financial Corporation at 3.70%interest rate. The agreement is for an
original term from the execution date of the agreement to the end of the current fiscal year.
The agreement provides for renewable one-year terms thereafter, to a total term of five (5)
years, subject to annual appropriation of funds needed for lease payments. The total lease
terms, including the original and all renewal terms, will not exceed the useful life of the
property. This lease-purchase financing is consistent with the financial policies of the City
of Fort Collins. All equipment shall be purchased following the City's purchasing ordinances
and procedures to ensure that the City realizes all cost savings. The vehicles and equipment
financed under the agreement will comply with applicable City policies, and will be in
accordance with the goal of optimizing City resources without impacting service to the
community.
20. First Reading of Ordinance No. 067, 2008, Expanding the Boundaries of the Fort Collins
Downtown Development Authority(DDA)and Amending the Plan of Development of the
Authority.
This annexation would change the boundaries of the DDA District and amend the Plan of
Development of the Authority to include the property located at 800 East Lincoln Avenue,
owned by Odell Brewing Company.
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June 3, 2008
21. First Reading of Ordinance No. 068, 2008, Designating the Myers House, 902 Mathews
Street, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code.
The owners of the property, Dale and Mary Eggleston, are initiating this request for Fort
Collins Landmark designation for the property. The Myers House qualifies for individual
Landmark designation under Landmark Standard(3). The building on the property embodies
many distinctive characteristics of the Bungalow variation of the Craftsman architectural
style popular during the early twentieth century. The large partially enclosed front porch,
front gabled roof,wide eaves,and large chimney exemplify this design and make the Myers
House a contributing element of the Laurel National Register District that is worthy of
Landmark Designation.
22. First Reading of Ordinance No. 069,2008,Desi ng ating the W.A Hall House and Detached
Garage,910 Mathews Street,as a Fort Collins Landmark Pursuant to Chanter 14 of the City
Code.
The owners of the property, Dale and Mary Eggleston, are initiating this request for Fort
Collins Landmark designation for the property. The W.A.Hall House and Detached Garage
qualify for individual Landmark designation under Landmark Standard(3). The buildings
embody many distinctive characteristics of the Bungalow variation of the Craftsman
architectural style popular during the early twentieth century.Notable features include square
cut shingles in the gable ends, narrow horizontal lap siding, and 4 over 1 light paired
windows. Additionally, its front gabled roof, wide eaves, and porch with square, slightly
sloped columns sitting on a solid balustrade exemplify this once popular home design. The
property is also listed on the National and State Registers of Historic Places as a contributing
element to the Laurel School National Register District.
23. First Reading of Ordinance No. 070, 2008, Designating the Poole House, 309 East Locust
Street, as a Fort Collins Landmark Pursuant to Chanter 14 of the City Code.
The owners of the property, Dale and Mary Eggleston, are initiating this request for Fort
Collins Landmark designation for the property. The Poole House qualifies for individual
Landmark designation under Landmark Standard (3). The building embodies many
distinctive characteristics of the Minimal Traditional style with Craftsman elements like
divided upper light windows and exposed rafter tails.Popular during and after the economic
depression of the 1930s, the Minimal Traditional style of architecture rejected the steeper
pitch and more decorative detailing of the Tudor and Craftsman styles in favor of a more
modest and practical design. Despite some alterations, the Poole House retains enough
significant features to be a compatible element of the Laurel School National Register
District and to qualify for recognition as a Fort Collins Landmark.
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24. First Reading of Ordinance No. 071,2008,Designating the H.H. Hale House and Detached
Garage,529 South Whitcomb,as a Fort Collins Landmark Pursuant to Chanter 14 of the City
Code.
The owners of the property, Dale and Mary Eggleston, are initiating this request for Fort
Collins Landmark designation for the property. The Hale House and Detached Garage
qualify for individual Landmark designation under Landmark Standard (3). The buildings
on the property embody many distinctive characteristics of the Mediterranean Renaissance
architectural style of the early twentieth century. The house's flat roof with castellated
parapets and heavy tile combines with its stucco walls, arched windows, and arched porch
entrance to represent a relatively unaltered example of this form of construction. Popular in
Colorado during the 1920s, homes of this style are relatively uncommon in Fort Collins.
25, Items Relating to the Fort Collins-Loveland Municipal Airport.
A. Resolution 2008-055 Authorizing the Execution of Grant Agreement 08-FNL-01
with the State of Colorado for Funding of Airport Projects at the Fort Collins-
Loveland Municipal Airport.
B. Resolution 2008- 056 Authorizing the Execution of Grant Agreement 08-FNL-02
with the State of Colorado for Funding of Airport Projects at the Fort Collins-
Loveland Municipal Airport.
C. Resolution 2008-057 Authorizing the City Manager to Execute a Capital Funding
Grant Agreement with the Federal Aviation Administration for Improvements at the
Fort Collins-Loveland Airport.
The State of Colorado is offering the Cities two airport improvement grants in the amounts
of$153,916 and$131,500. The Federal Aviation Administration is also offering the Cities
an airport improvement grant in the amount of$741,606. These funds will be combined with
Airport funds to complete Airport work related to taxiway improvements, the purchase of
equipment for snow removal,mowing the Airport grounds and the collection of weather data
and the reimbursement of costs related to soils remediation.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 051, 2008, Appropriating Prior Year Reserves in the
General Fund from Police Seizure Activities for Police Services.
8. Items Relating to the Shields and Vine Enclave Annexation and Zoning.
A. Second Reading of Ordinance No. 052, 2008, Annexing Property Known as the
Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado .
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June 3, 2008
B. Second Reading of Ordinance No. 053, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Shields and Vine
Enclave Annexation to the City.
9. Items Relating to the Fossil Creek Reservoir Open Space Annexation.
A. Second Reading of Ordinance No. 054, 2008, Annexing Property Known as the
Fossil Creek Reservoir Open Space Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 055, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Fossil Creek Reservoir
Open Space Annexation to the City.
10. Second Reading of Ordinance No. 056, 2008, Vacating a Portion of Right-of-Way for Big
Dipper Drive.
11. Second Reading of OrdinanceNo.057,2008,Authorizingthe Lease of City-Owned Property
at 906 East Stuart Street for Up to Five Years.
12. Second Reading of Ordinance No. 058, 2008, Designating the George W. and Estella Bell
House and Garage, 1108 West Mountain Avenue, as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
Ordinances on First Reading were read by title by City Clerk Krajicek.
13. First Reading of Ordinance No.059,2008,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and the Fort Collins Convention
and Visitors Bureau.
14. First Reading of Ordinance No. 060, 2008, Appropriating Unanticipated Revenue in the
General Fund for the Purchase, Training and On-going maintenance of the E911 and
Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center.
15. Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant(CDBG)and Home
Investment Partnership (HOME) Programs, and the City's Human Services Program and
Affordable Housing Fund.
C. Hearing and First Reading of Ordinance No.061,2008,Appropriating Unanticipated
Revenue in the Community Development Block Grant Program.
D. Hearing and First Reading of Ordinance No.062,2008,Appropriating Unanticipated
Revenue and Authorizing the Transfer of Appropriations Between Program Years
in the Home Investment Partnerships Fund.
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16. First Reading of Ordinance No. 063, 2008, Appropriating Prior Year Reserves in the
Stormwater Fund For Review of Stormwater Best Management Practices and
Implementation of Low Impact Development Demonstration Projects.
17. First Reading of Ordinance No. 064, 2008, Amending Sections 23-83 and 24-2 of the City
Code Pertaining to Awnings and Canopies over Sidewalks.
18. First Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code
Concerning the Obligation for Construction of Streets.
19. First Reading of Ordinance No. 066, 2008,Authorizing the Purchasing Agent to Enter into
a Lease-Purchase Financing Agreement for Vehicles and Equipment.
20. First Reading of Ordinance No. 067, 2008, Expanding the Boundaries of the Fort Collins
Downtown Development Authority(DDA) and Amending the Plan of Development of the
Authority.
21. First Reading of Ordinance No. 068, 2008, Designating the Myers House, 902 Mathews
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
22. First Reading of Ordinance No. 069,2008,Designating the W. A.Hall House and Detached
Garage,910 Mathews Street,as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
23. First Reading of Ordinance No. 070, 2008, Designating the Poole House, 309 East Locust
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
24. First Reading of Ordinance No. 071,2008,Designating the H.H. Hale House and Detached
Garage,529 South Whitcomb,as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
29. First Reading of Ordinance No. 072, 2008, Amending Section 5.1.2 of the Land Use Code
Pertaining to the Definition of Farm Animals and Amending Section 4-117 of the City Code
Pertaining to Chickens.
30. First Reading of Ordinance No.073,2008,Making Various Amendments to the City of Fort
Collins Land Use Code.
Councilmember Roy made a motion,seconded by Councilmember Troxell,to approve all items not
removed from the Consent Calendar. Yeas: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Manvel commended the CDBG Commission for its work in designating grant
funding and he thanked the applicants for their work to improve the community.
Councilmember Ohlson asked for the benefits and costs to citizens to apply for landmark
designations for their properties. Karen McWilliams, Historic Preservation Planner, gave a report
on the benefits to citizens who place landmark designation on their properties,stating the designation
contributes to an increase in property values,promotes neighborhood pride and provides identity to
the community. Once a property has received landmark designation,major changes to the property
that would remove or destroy the historic attributes of the property are not allowed.
Staff Reports
Jeff Scheick,Planning,Development and Transportation Director,spoke on the City's efforts to aid
Windsor after the tornado struck on May 22. Poudre Fire Authority,Police Services,Utilities,Parks,
Forestry, Streets,Traffic,Communications and Neighborhood and Building Services contributed to
a community-wide effort to aid Windsor. Larry Schneider,Streets Superintendent,stated the Streets
department assisted in tree removal and helped to clear Windsor streets by Thursday evening. He
commended City staff for a quick and effective response.
City Manager Atteberry stated the ClimateWise Program was selected by the Harvard-Kennedy
School of Government as one of the top 50 innovative programs of 2008. He stated Fort Collins was
recently placed on two national lists as a"best place to live."
Councilmember Reports
Councilmember Troxell stated citizens have already received their ballots in the mail for the June
10 election and he urged voters not to believe all that was written in mailings done by the FOP.
Mayor Hutchinson stated he had just returned from an international conference held in Germany that
discussed the global economy and collaborations between educational institutions, cities and
businesses for economic health.
Items Relating to Review of Stormwater Best Management Practices and
Pilot Testing of Low Impact Development Stormwater Practices,Adopted on First Readies
The following is staff s memorandum on this item.
"FINANCL4L IMPACT
The proposed three year agreement with Colorado State University is for$303,012 and will be paid
from Stormwater Fund Prior Year Reserves.
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June 3, 2008
EXECUTIVE SUMMARY
A. Resolution 2008-054 Authorizing the City Manager to Execute an Intergovernmental
Agreement with Colorado State University for Review of Stormwater Best Management
Practices.
B. First Reading of Ordinance No. 063, 2008, Appropriating Prior Year Reserves in the
Stormwater Fund For Review of Stormwater Best Management Practices and
Implementation of Low Impact Development Demonstration Projects.
Council has asked for a review of the City's Stormwater Best Management Practices. City staffhas
requested assistance from Colorado State University. This item authorizes the City Manager to
execute an intergovernmental agreement with the Urban Water Center at Colorado State University
for services related to the Best Management Practices review and appropriates $303,012 from
Stormwater reserves to f end the contract.
BACKGROUND
City Council has asked for a review of the City's Stormwater Best Management Practices (BMPs).
City staff has requested assistance from Colorado State University. The first phase includes:
• Review of current stormwater BMPs, and
• Recommended changes in practice and design criteria, including appropriate Low Impact
Development (LID)practices.
Any proposed changes will be considered by City Council in the first quarter of 2009.
The second and concurrent phase is:
• Monitoring performance of certain existing stormwater water quality facilities;
• Recommending performance and operational changes for existing facilities;
• Monitoring results ofperformance modifications; and
• Pilot testing of selected LID practices and BMP renovation demonstration projects.
The total length of the agreement will be three years, with the results of the second phase used for
continuous improvement to stormwater BMPs. This review of stormwater practices and the
proposed agreement with Colorado State University also support the Utilities 21st Century
Initiative to implement sustainable utility practices.
The Urban Water Center at Colorado State University is a nationally recognized leader in
developing protocols for control of urban runoff to create sustainable urban stream systems from
both hydrologic and ecologic perspectives. Recently, the Colorado Stormwater Council, a non-
profit organization of Municipal Stormwater Discharge permit holders, of which Fort Collins is a
member, commissioned a significant study with the Urban Water Center to study the Performance
and Whole Life Costs of Stormwater BMPs. This study uniquely positions the University to perform
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the work requested by the City. In addition, the availability of graduate students, under the
supervision of Dr.Larry Roesner, Director of the Urban Water Center,results in substantially lower
cost to the City. Finally, the proposed agreement will strengthen the relationship between the City
and the University, support the goals of the UniverCity Connections Program and connect the
University to the City, Downtown, and the Poudre River. "
Councilmember Troxell withdrew from the discussion of this item due to a conflict of interest.
Councilmember Manvel made a motion,seconded by Councilmember Roy,to adopt Ordinance No.
063, 2008 on First Reading.
Councilmember Ohlson asked for interim reports on the review of Stormwater Best Management
Practices. City Manager Atteberry stated staff was excited to begin this review to look for
improvements. Jim Hibbard,Water Engineering and Field Service Manager,stated staff would bring
changes to Council in phases, with the first phase already underway. Public outreach will occur in
the fall and staff will then bring revisions and new criteria for Council consideration. The next phase
will be monitoring existing water facilities to examine ways to improve the water quality. CSU's
Urban Water Center will review the data collected and will make recommendations. The Urban
Water Center does use graduate students will be supervised by Director Dr. Larry Roesner and they
will do much of the routine work such as water sampling and statistical analysis.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and
Roy. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion seconded by Councilmember Poppaw,to adopt Resolution
2008-054. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: none.
THE MOTION CARRIED.
Ordinance No. 072,2008,
Amending Section 5.1.2 of the Land Use Code Pertaining to the Definition
of Farm Animals and Amending Section 4-117 of the
City Code Pertaining to Chickens.Adopted on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
This is a citizen-initiated requestfor a Text Amendment to the Land Use Code. The proposal would
amend Section 5.1.2 which is the definition of"Farm Animals. " The effect of the change would
allow up to six chicken hens in all zones of the City. Chickens are presently included in the
definition and, therefore, are allowed only in the zones which allow Farm Animals(R UL, UE, RF).
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BACKGROUND
The Land Use Code allows for a Text Amendment to be initiated by a citizen. Presently, chickens
are allowed in the R UL, UE and RF zones, with no restrictions. The request would broaden the
allowance to all zones, but subject to limitations. These restrictions would apply to all zones except
the R UL, UE and RF and be placed in the Animal Control section of the City Code. The limitations
would require that only chicken hens be allowed, with a limit of six. Roosters would be prohibited.
Further, chicken hens must be contained within a secured enclosure at least 15 feetfrom all property
lines. Finally, no slaughtering would be permitted.
• Larimer County Humane Society
As with all aspects ofanimal control within the City, the Larimer County Humane Society would be
charged with enforcement. The L.C.H.S. has indicated it has no problem with the proposal.
• City of Fort Collins Police Department
The Police Department opposes the revision due to concerns with disease, noise and the incursion
of non-urban pets.
• Staff Evaluation
Staff has worked with the applicant and researched other cities to find a reasonable compromise that
would allow the responsible raising of chicken hens and yet protect the peace and quiet of
residential neighborhoods. Amending the definition of Farm Animals in the Land Use Code would
address the land use issue.
The enforcement issue, however, is covered under the Animal Control section ofthe City Code. The
City of Fort Collins Police Department contracts out animal control services to the Lorimer County
Humane Society which would have primary responsibility for responding to any complaints
regarding chicken hens in neighborhoods. Based on input from these enforcement agencies,
additional restrictions with regard to chicken hens are added as an amendment to Section 4.117 of
the City Code:
1. No more than six chicken hens may be allowed and only for the purpose ofproducing eggs.
2. No roosters are allowed.
3. No slaughtering is allowed.
4. Chicken hens shall be kept within a secure enclosure.
5. Enclosures shall be located at least fifteen (15)feet from the nearest property line. "
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June 3, 2008
Ted Shepard, Chief Planner, stated this item was a citizen-initiated request for a text amendment.
The proposal would amend Section 5.1.2 of the Land Use Code to allow up to six chicken hens in
all zones of the city.
The following citizens spoke in support of adoption of the ordinance:
Will Walters, 1701 Tanglewood
Chris Hutchinson, 1320 Whedbee
Katie Wallace, 527 North Loomis
Judy Scherpelz, Rocky Mountain Raptors Program Executive Director
Gailmarie Kimmel, 331 Park
Theresa Gomez, Fort Collins resident
Richard Alaimo, 806 Cambridge
Dan Brown, 2709 William Neal Parkway
Nick Tompkins, 1100 West Mulberry
Teresa Redmond Ott, 4508 Terry Lake Road
Hilary Foushee, 301 South Sherwood
Vivian Armendariz, 820 Merganser Drive
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Manvel asked if the details of the ordinance were provided by the citizen who
initiated the text amendment. Shepard stated the details in the ordinance were decided through a
collaborative effort by the Land Use Code team with input from the citizen. The restriction requiring
enclosures to be 15 feet from the nearest property line was proposed to make it easier to measure
compliance with the ordinance. The distance of 15 feet was designed to address the problem of odor.
Councilmember Troxell asked if staff expected large numbers of citizens to begin raising chickens.
Shepard stated raising chickens would not be a project for everyone as there is an expense to build
the proper enclosure and the time needed to care for the chickens.
Councilmember Troxell stated many of the citizens who spoke in favor of allowing chickens in the
city supported raising chickens as part of a sustainable lifestyle and removing solid waste from the
wastestream. He asked if staff could estimate the number of people who wanted to raise chickens.
Shepard stated staff did not know how much waste would be kept out of the landfill or the
economics of any payback citizens might receive from raising their own eggs. Staff approached this
amendment from a land use perspective and consideration of mitigating impacts.
Councilmember Troxell asked if large numbers of chickens would impact the goals set by the City
to reduce greenhouse gas. Shepard stated the impact was unknown. City Manager Atteber y stated
staff would provide that information for Second Reading.
Councilmember Troxell asked ifNeighborhood Services was involved in determining the restrictions
placed in the ordinance. Shepard stated Police Services, Zoning and Inspection, Neighborhood
Services and the Humane Society provided input. Police Services does not support this ordinance.
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Zoning, Neighborhood Services and the Humane Society are neutral on the issue. The impact of
urban wildlife,such as foxes and raccoons,that would be predators of chickens,was not considered.
Councilmember Troxell asked if a building permit would be required to erect a chicken coop and
would a coop comply with the proposed Exterior Property Maintenance Code. Shepard stated no
permit was required as a coop is not habitable by humans. A chicken coop would be in the same
category as a shed or garage and must comply with the Code. City Manager Atteberry noted City
Code states a building permit is not required if an improvement is 120 square feet or less and if the
peak of the roof is 8 feet or less and if the structure is not attached to the dwelling unit
Councilmember Troxell asked what limit would be placed on roaming chickens. Shepard stated the
chickens must be secured within an enclosure at all times and cannot run around in the back yard.
Councilmember Troxell asked for information about disposing of the chickens when they die and
if there was a penalty for slaughtering hens. Shepard stated a business located on East Mulberry
cremates pets with the price determined by the weight of the animal. The penalty for slaughtering
would be consistent with any other violation of the animal control ordinance. The restrictions in the
ordinance are amendments to City Code to allow for enforcement and penalties under the animal
control section of the Code. City Attorney Roy stated,violation of this Code provision is treated as
a misdemeanor criminal offense, punishable by a fine not to exceed $1000 or imprisonment of up
to 6 months.
Councilmember Brown asked if a citizen could bum chicken carcasses in their back yard. Shepard
stated the ordinance does not allow for slaughter of chickens. City Manager Atteberry stated more
information about burning and open fires would be provided by Poudre Fire Authority and the
Zoning Department by Second Reading.
Councilmember Brown stated chickens strip the grass from ground and asked if an exemption would
be granted for those back yards that do not have grass. He also asked if a permit would be required
to raise chickens. Shepard stated no permit would be required. City Manager Atteberry noted the
Exterior Property Maintenance Code standards apply to front yards, not back yards.
Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to adopt Ordinance
No. 072, 2008, on First Reading.
Councilmember Manvel asked why permits were not required to raise chickens as knowledge is
necessary to properly raise chickens. He suggested a permitting process be created that would
include a class for residents to learn the details and responsibilities of raising chickens. Shepard
stated a permit system would not be cost effective as more staff expense and time would be
expended to administer a permit system than any revenue generated by such a program.
Councilmember Roy stated there would be a great benefit locally if citizens were allowed to raise
their own eggs as less water and resources would be used. He supported adding a permitting process
to teach citizens about raising chickens.
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June 3, 2008
Councilmember Poppaw stated allowing citizens to raise their own eggs improves sustainability at
a lower cost.
Councilmember Manvel stated chickens will attract more mice and vermin and predators such as
foxes and raccoons. He supported adding a permit process that requires residents to become
educated on raising chickens before a permit is issued. The advantages to allowing chickens in the
city include lessening the amount of waste sent to the landfill and reducing the number of eggs
bought from"factory" chickens which require more water and fuel to produce and transport to the
local grocery store. He noted this ordinance would not override any HOA restrictions that do not
allow chickens in certain neighborhoods.
Councilmember Brown stated he was concerned about the spread of vermin in the backyards of
neighboring properties,complaints about odor and dust from chicken coops and problems with Code
compliance.
Councilmember Troxell stated his concerns over the number of chickens that might be allowed in
the city, the impact to neighborhoods, urban wildlife and the impacts on the greenhouse gas
reduction goals. He did not support allowing chickens in all zone districts.
Mayor Hutchinson stated the City was taking steps toward accommodating sustainable living by
allowing this change to the Code.
The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, and Roy.
Nays: Brown, Troxell.
THE MOTION CARRIED.
Ordinance No. 073,2008,
Making Various Amendments to the City of
Fort Collins Land Use Code,Adopted on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the 2008 annual
update of the Land Use Code.
BACKGROUND
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a regular basis to make changes, additions, deletions and clarifications that have
been identified since the last update. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and"user friendliness"
of the Code.
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On May 15, 2008, the Planning and Zoning Board considered the proposed changes and voted 7—
0 to recommend approval of 13 of the changes except, with regard to the changes proposed to
Section 2.1.2 of the Land Use Code, the Board defeated a motion recommending approval with
conditions by a vote of 4-2 (1 member abstained). The proposed change to Section 2.1.2 that the
Board does not recommend would establish a new process whereby the City Council could hold a
preliminary conceptual hearing with regard to land use proposals that entail not only specific
project development plans, but also legislative decisions of the Council pertaining to annexation,
property acquisition, amendments to the City's comprehensive plan, and/or public private
partnerships.
Quasi-judicial decisions such as the review and approval of a project development plan call for
different legal procedures and safeguards than decisions regarding such matters as annexations and
amendments to the City's comprehensive plan, which are legislative in nature. The quasi-judicial
procedures and safeguards are intended to ensure that: (1) the particular parties affected by such
decisions have notice and an opportunity to be heard, (2) the decisions are based solely upon
specific criteria and the evidence presented at the quasi-judicial hearings, and(3)the decisions are
made by an impartial tribunal that is able to fairly and objectively apply the appropriate criteria.
The application of these principles to situations involving both quasi-judicial and legislative
decisions sometimes unnecessarily impedes the effective flow ofinformation regarding the legislative
aspects of these more complex proposals and prevents the Council from providing timely feedback
to applicants about the feasibility ofproceeding with more formal proposals, so that they can make
decisions in that regard without having to expend substantial amounts of time and money.
The staff believes that it may be in the best interests of the City in these situations to create an on-
the-record opportunity, prior to the time that a formal application is presented to the City, for
Council to: (1)gather information about such proposals; (2)hear from the prospective applicants,
as well as interested members of the community, about the advisability of the proposals from a
planning, land use, environmental and economic development standpoint; and (3) share their
individual ideas and concerns about such proposals.
The City Manager and City Attorney have recommended aprocedure for creating such aforum. The
Planning and Zoning Board's primary concern about the proposal is that, although this kind of
conceptual hearing before the Council would not result in any formal action on the part of the
Council, Councilmembers'remarks at the hearing might tend to predetermine, or at least influence,
the eventual outcome ofthe project development plan. For example, a developmentplan that is filed
with the City and reviewed by the Board is supposed to be reviewed under the Land Use Code
criteria. If, at this earlier hearing, Councilmembers have indicatedgeneral approval for the concept
proposed by the developer, the Board is concerned that there may be undue pressure on them to
approve the project or perhaps even undue pressure on the Council, in the event of an appeal. On
the other hand, the Board is also concerned that negative comments by Councilmembers at the
conceptual hearing may unnecessarily deter applicants from even pursuing a formal application. "
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Ted Shepard, Chief Planner, stated this item was the annual update to the Land Use Code. The
Planning and Zoning Board approved all the changes,except one,by a vote of 7-0. The controversial
item would allow for a pre-submittal discussion that a potential applicant could possibly have with
City Council for non-binding comments. Cameron Gloss, Current Planning Director, stated all
quasi-judicial decisions for land development applications come before the Planning and Zoning
Board or an administrative hearing officer to make an impartial decision on the development plan.
Impartiality is maintained by ensuring the Board or hearing officer do not receive any comments
outside of the formal hearing process. Off-the-record comments cannot be presented to the decision
maker. Council has the authority, as the legislative body of the City, to evaluate other land
development related requests such as annexation of land into the City,rezoning applications,changes
to the City's Comprehensive Plan or other Subarea Plans, and discussions of public-private
partnerships. Council is not bound by the same rules for quasi-judicial proceedings as the Planning
and Zoning Board. A problem can arise when there is a quasi-judicial action and a legislative action
that are intertwined, such as making a decision on a property where a rezoning has been requested
and an amendment to the Comprehensive Plan is required but there is also a specific development
plan that will come through the review process for a public hearing and decision. Staff was asked
to develop a process where a developer who is proposing a complex project could have a non-
binding review by City Council before the application is submitted to the review process. Citizens
could provide input at a public hearing,Council could comment on the development plan and give
direction to the developer, but the comments and direction would be non-binding. That process is
described in the proposed ordinance. The Planning and Zoning Board has not recommended
approval of this process. The Board is concerned there might be undue pressure on Board members
to approve an application if an item comes before Council and Council indicates its support. Other
situations might arise where Council might feel pressured to support an application that had been
through this process but then is brought before Council on appeal of the Planning and Zoning Board
decision. The proposed ordinance limits each application to only one public hearing under this
process.
City Manager Atteberry stated his support for this process that would give Council an opportunity
to interact with a proposed project in its early stages.
Councilmember Ohlson stated City Plan was developed to provide predictability to developers and
neighborhoods if they abided by the Code and he asked if Item#795-Amend 1.3.4(A)-Addition of a
Permitted Use would allow additions that are not currently allowed to go into certain parcels and,
therefore, might remove the predictability provided by City Plan. Shepard stated staff does not
believe adding a specific land use to a zone district would dilute the vision of City Plan. The
permitted use list for zone districts have proven to be very predictable but also stifling. Good ideas
have been presented for certain parcels of land that would not jeopardize City Plan. Rezoning such
a property is not a viable option and not predictable. Rezoning should be based on a Subarea Plan
and not done in a spotty fashion. Adding the use to a zone would allow that use zone-wide and city-
wide, which might not be appropriate. The change provided by this Item allows the Planning and
Zoning Board to act appropriately and allow a development that makes perfect sense for a parcel but
might not be allowed under the current permitted use. This amendment give the Board the option
to have some flexibility and add conditions to allow a development to move forward.
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June 3, 2008
Councilmember Roy made a motion, seconded by Councilmember Brown,to adopt Ordinance No.
073, 2008, on First Reading.
Mayor Hutchinson noted Item#795 would allow some flexibility for approval of some projects that
would greatly benefit the City but do not exactly fit within the permitted uses of a zone district. The
proposed pre-submittal hearing would allow Council to address some of the larger issues coming
before it in terms of land use and future development on a step-by-step basis and would be an
improvement to the process.
Councilmember Troxell stated the proposed pre-submittal hearing would allow developers to get
feedback from Council on proposed developments early in the development process. The hearing
is not intended to usurp staff or the Planning and Zoning Board's role in the land use process but
would improve overall communication.
Councilmember Ohlson stated the concerns raised by the Planning and Zoning Board need to be
addressed about the proposed pre-submittal hearing. The Board should make its decision about a
project independent of Council's feedback at a hearing and provide the reasons for its decision to
Council.
Councilmember Roy stated opportunity should be given for a pre-submittal hearing as it would
provide a reasonable accommodation early in the discussion of a development. The hearing process
can be revised if the concerns raised by the Board prove to be valid.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson,Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 064,2008,
mending Sections 23-83 and 24-2 of the City Code
Pertaining to Awnings and Canopies over Sidewalks,Adopted on First Reading
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
Staffhas been approached by a local business seeking permission to install a retractable shade and
rain awning over its permitted eating area encroachment to accommodate patrons during periods
of inclement weather. Current City Code language precludes the issuance of an encroachment
permit to allow the installation of the awning. The amendments to City Code will allow an
encroachment permit to be issued in this instance as well as for other businesses who seek to place
awnings over permitted patio encroachments.
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June 3, 2008
BACKGROUND
Outdoor eating areas which encroach into the public right ofway have become increasingly popular
in the downtown area. All of these outdoor eating areas are allowed by the City via encroachment
permits. Business owners may seek to make these seating areas more viable during rainstorms or
intensely hot, sunny days by installing retractable awnings. Current Code language restricts the
length and height of the awnings to eight (8)feet extended from the building line and six and one-
half(6112)feet in height from the sidewalk. The amendment of City Code Section 23-83 is being
proposed to allow awnings to cover the entire seating area. The amendment allows for awnings and
canopies to extend to the vertical line of an established,permitted railing or fence with a minimum
vertical clearance ofseven (7)feet within the fencing or railing area that would not cause harm or
obstruct the general traveling pedestrians with the City's rights-of-way.
The revision to City Code Section 24-2 is being proposed to correct a safety issue and to bring the
Code into alliance with similar language in the Land Use Code and The Lorimer County Urban
Area Street Standards. Current height restrictions of 6.5 feet do not sufficiently address the
reasonably safe overhead clearance for pedestrians. The recommended amendment will increase
the height to eight(8)feet and will also bring the City Code in compliance with current construction
standards and Land Use Code language. "
Councilmember Ohlson asked if additional signage would be allowed and how the historic facades
of buildings would be maintained with the addition of awnings. He asked for information on fencing
surrounding restaurant patio seating. Helen Migchelbrink, City Engineer, stated awnings can
currently come down to a 6 1/2 foot clearance,which is too low, and this Code amendment changes
the clearance to 8 feet, which would be safer. The Code currently allows an awning to project out
8 feet and the proposed change would allow the awning to extend to the end of the patio. Awnings
on historic buildings are covered under the historic preservation rules and an application for an
awning encroachment permit on an historic building would have to go through all the steps required
by the Historic Preservation Commission. This proposed Code amendment does not change that
process. Tracy Dyer, Chief Construction Inspector, stated any proposed awning that would exceed
the 8-foot vertical and 8-foot horizontal line would violate the sign code. Any awning that extends
past the set parameter cannot contain any sign or advertising for the business and must be a solid
color or blank awning.
Councilmember Ohlson asked if awning materials and appearance were specified in the ordinance.
Migchelbrink stated the proposed amendment does not address color,texture or age and appearance
of material and does not limit the number of awnings allowed in the downtown area. Any permitted
patio area could seek a permit to cover the patio with an awning.
Councilmember Ohlson asked for the addition of type of material used in awnings to the specifics
of the ordinance as he did not want any plastic awnings to be allowed. Migchelbrink stated this
amendment addressed safety issues and not the materials used.
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June 3, 2008
Councilmember Roy asked if the awnings would stay in place year-round or if they would be
removed during the winter months. Migchelbrink stated the awning would be a retractable awning
but no restrictions about length of use were in place.
Councilmember Roy asked how many square feet of patio encroachment exist in the downtown area.
Migchelbrink stated staff would gather that information for Council. Encroachment permits are not
done on a square-foot basis but are done on a"clear pedestrian"space so staff needs to estimate the
square footage.
Councilmember Manvel stated the City should have a level of control over awnings as they are an
encroachment on public right-of-way and he asked if a process was developed to assess proposed
awnings regarding appearance and placement. Migchelbrink stated the proposed amendment does
not address these cosmetic issues but those changes could be made for Second Reading.
City Attorney Roy stated the City does have control over the right-of-way and there is room for
discretion on maintenance and appearance of awnings. Criteria can be added to the ordinance to
address the issues raised. The Charter specifically states the Council may grant permits to private
entities to occupy public spaces in the city but all of those permits are revocable at the pleasure of
the Council. This Code provision goes further and puts permit holders on notice that the permits are
revocable at the pleasure of the Council or the City Manager. If an awning proves to be contrary to
the best interests of the city, the Council and the Manager can revoke the permit.
Councilmember Manvel stated criteria relating to appearance and maintenance should be included
in the ordinance.
Councilmember Troxell asked if signs placed on sidewalks by restaurants were in violation of the
sign code and if signage was allowed on the awnings. Migchelbrink stated the restaurant signs are
within the code. Signage is allowed on the awnings and would not violate any CDOT requirements
for College Avenue (Highway 287).
City Manager Atteberry noted the issues of materials,appearance and maintenance of awnings would
be handled administratively. The Planning Department has developed some guidelines for the
permitting process and will review the applications for permits. Engineering will issue the permit,
using the guidelines developed by Planning. Those guidelines include color of awnings,construction
of railing around a patio area, and other details. The guidelines could be incorporated into the
Ordinance as Code language. The review process would ensure an awning is put in place that was
compatible with the appearance of the Downtown area.
Councilmember Ohlson made a motion, seconded by Councilmember Troxell,to adopt Ordinance
No. 064, 2008 on First Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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June 3, 2008
Items Relating to the Fort Collins-Loveland Municipal Airport,Adopted
The following is staff s memorandum on this item.
"FINANCL4L IMPACT
The Airport's 2008 approved budget contains the necessary appropriations for the expenditure of
these funds and the Airport's matchingfunds. The local matching funds necessary for the two State
Grants and the FAA grant total$91,091.00 and will come from the Airport's fund balance.
EXECUTIVE SUMMARY
A. Resolution 2008-055 Authorizing the Execution of Grant Agreement 08-FNL-01 with the
State of Colorado for Funding ofAirport Projects at the Fort Collins-Loveland Municipal
Airport.
B. Resolution 2008- 056 Authorizing the Execution of Grant Agreement 08-FNL-02 with the
State of Colorado for Funding ofAirport Projects at the Fort Collins-Loveland Municipal
Airport.
C. Resolution 2008-057 Authorizing the City Manager to Execute a Capital Funding Grant
Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-
Loveland Airport.
The State of Colorado is offering the Cities two airport improvement grants in the amounts of
$153,916 and$131,500. The Federal Aviation Administration is also offering the Cities an airport
improvement grant in the amount of$741,606. These funds will be combined with Airport funds to
complete Airport work related to taxiway improvements, the purchase of equipment for snow
removal, mowing the Airport grounds and the collection of weather data and the reimbursement
of costs related to soils remediation.
BACKGROUND
Airport improvements and the acquisition ofequipment are needed for the proper maintenance and
operation of the Airport facilities and for improving access to an existing hangar area. The two
grants from the State and the one from the FAA will be used jointly to complete these projects. The
work accomplished with these funds will include:
• Initial construction work to build Taxiway Echo which will provide additional aircraft
access into an existing aircraft hangar area. Additional hangars are now being constructed
in this area which requires secondary access to accommodate the additional aircraft. The
work to be completed under this project will include the lowering of existing underground
utilities and grading for the taxiway which will be constructed next year when additional
funds are anticipated from the State and FAA.
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June 3, 2008
• Purchase of additional snow removal equipment. The equipment will greatly improve the
speed of snow removal operations, improve runway safety and reduce closures of the main
runway. The equipment will consist of a front end loader with attachments consisting of a
high-speed snow blower, snow blade and front-end bucket. This equipment can also be used
for summer projects.
• Purchase of new 15 foot wide pull-behind mower and ride-on mower with a 6 foot mowing
deck The Airport's existing 15 foot mower and small ride-on mower are very old and worn
out. This equipment will replace the old equipment and be used for mowing approximately
300 acres of Airport land.
• Purchase of weather observation equipment. This equipment will be used for back-up
weather reporting when the FAA automated weather station is out of service. Current
weather reporting is required for commercial service and charter aircraft fights. There
have been recent flight delays caused by the automated weather station being out ofservice.
An Airport employee is a certified weather observer and will use this equipment to issue
weather reports when needed.
The Airport's 2008 approved budget contains the necessary appropriations for the expenditure of
these funds and the Airports matching funds. The local matching f unds necessary for the two State
Grants and the FAA grant total$91,091, and will come from the Airport's fund balance.
The Airport's 2008 approved budget also contains additional FAA Discretionary grant funds that
were anticipated to be received in 2008.However, due to Congressional inaction to approve a multi-
year Airport Improvement Bill those funds are not expected. It is expected, however, that a short-
term extension of the Bill will be approved that could still provide the Airport an additional
$258,394.00 this year, which would total the 1 million of entitlement grant fords the Airport would
normally expect to receive. Since the discretionaryfunds will not be received this year the Airport's
capital expenditure budget will be reduced to reflect this. An appropriate Ordinance will be
submitted to the Council in the near future for the purpose of removing the appropriated funds
associated with the FAA discretionary funds.
The two State Grants and the FAA Grant are on file at the City Clerk's office and have been
reviewed by the City Attorney's office. "
Councilmember Roy stated the Airport has had soil contamination from a self-fueling facility. He
asked how long the self-fueling facility was in operation. Dave Gordon,Airport Manager,stated the
facility was put in place approximately 20 years ago and operated for about four or five years, but
is no longer in business.
Councilmember Roy asked who did the environmental study on the soil contamination. Gordon
stated an electrical contractor discovered the soil contamination during excavation of an electrical
line and digging in the contaminated area was immediately stopped. The City of Loveland has two
or three companies under contract that are on-call for environmental situations such as this. The
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June 3, 2008
Airport entered into a contract with Stewart Environmental, experts in this type of remediation and
environmental contamination issues. Stewart Environmental analyzed the problem, put in
monitoring wells and collected water samples from the area to determine the extent of the
contamination. The extent of contamination was determined and the monitoring wells were tested
on a quarterly basis over a two year period. The project was monitored by the State and an
environmental specialist from the City of Loveland. The monitoring wells were 25 feet deep and
core samples of the dirt were taken as the wells were drilled.It was determined that the lowest depth
of contamination was 17 feet.
Councilmember Roy asked how much of the soil contamination would be remediated. Gordon stated
none would be remediated in the form of removal of the dirt. The property where the contamination
occurred is in the center of the Airport property and the State felt the dirt could be left in place
because the plume of contamination would not migrate off the Airport property. Over time,the soil
will recover itself.
Councilmember Roy asked for more information about the direction of water flow under the
contaminated area.
Councilmember Ohlson asked why the Airport does not feel it is necessary to clean up the
contaminated area and what the cost would be to remove the contamination. Gordon stated the
contamination was not close to the Airport boundary where it might migrate onto private property
and the State and the experts recommended leaving the contamination in place. He would provide
the cost of clean up at a later date.
Councilmember Troxell made a motion, seconded by Councilmember Manvel,to adopt Resolution
2008-055. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion,seconded by Councilmember Manvel,to adopt Resolution
2008-056. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2008-057. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry noted a joint work session ofthe City Councils of Fort Collins and Loveland
is planned to discuss Airport issues.
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June 3, 2008
Other Business
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to cancel the June
17, 2008 regular meeting, as permitted by Section 2-28(a) of the City Code. Yeas: Brown,
Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Ohlson made a motion,seconded by Councilmember Manvel,to go into Executive
Session, as permitted by Section 2-31(a)(2)of the City Code,to meet with attorneys for the City to
discuss potential litigation and related legal matters. Yeas: Brown, Hutchinson, Manvel, Ohlson,
Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council went into Executive Session at this point in the meeting.)
Councilmember Ohlson made a motion, seconded by Councilmember Roy,to adjourn the meeting
until 6:00 p.m. on June 24, 2008 for the purpose of considering a possible executive session to
conduct the mid-year performance reviews of the City Attorney,City Manager and Municipal Judge.
Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 10:45 p.m.
Mayor
ATTEST:
City Clerk
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June 24,2008
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting-6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday,June 24,2008,
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: Brown, Hutchinson, Manvel, Poppaw, Roy, and Troxell.
Councilmembers Absent: Ohlson
Staff Members Present: Atteberry, Krajicek, Roy.
Executive Session Authorized
Councilmember Poppaw made a motion, seconded by Councilmember Roy, to adjourn into
Executive Session under Section 2-3 1(a)(1)(a) of the City Code for the purpose of discussing the
performance and proposed compensation and benefits of the City Manager, City Attorney and
Municipal Judge. Yeas: Councilmembers Brown, Hutchinson, Poppaw, Roy and Troxell. Nays:
None.
THE MOTION CARRIED.
("Secretary's Note: The Council adjourned into Executive Session at 6:00 p.m. and reconvened
following the Executive Session at 9:10 p.m.)
Adjournment
The meeting adjourned at 9:10 p.m.
Mayor
ATTEST:
City Clerk
371