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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/24/2009 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE F ITEM NUMBER: 6 AGENDA ITEM SUMMARY DATE: March 24, 2009 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT Consideration and Approval of the Minutes of the February 3,February 17,March 3 and March 17, 2009 Regular Meetings. i February 3,2009 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,February 3,2009, 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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. (Councilmember Brown excused from Council meetings from October 28, 2008 through April 7, 2009, authorized by Resolution 2008-104.) Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation John Clarke, 1505 West Prospect, stated the proposed changes to the 3-unrelated ordinance will cause unintended consequences and the proposed changes need further public input before Council considers the ordinance. Matt Worthington, ASCSU member, stated students want to have input into any changes made to the 3-unrelated ordinance but they have not been allowed a voice in the process. Al Bacilli,520 Galaxy Court,opposed the pay for performance philosophy the City has implemented for its employees. Wes Kenney, Fort Collins resident, stated the Fort Collins Symphony adds cultural and economic benefits to the community. Kristin Sommer, Fort Collins resident, played her flute to demonstrate how symphony music enhances a community. Terese Kepter, Executive Director,Fort Collins Symphony,asked Council to contribute $50,000 to support the Symphony and to waive the fees charged at the Lincoln Center. D.L. Roberts, 1400 Red Feather Road, Livermore, stated the CSU wind farm planned for Maxwell Ranch violates the agreement the Maxwell family made with CSU and he did not support the development of the wind farm. Nina Jackson, 8530 Red Mountain Road, Livermore, stated her concerns with the information provided by the Colorado State University Research Foundation about the Maxwell Ranch Wind Farm. She asked for clarification of the City's functions regarding the distribution of energy produced by the Wind Farm. 388 February 3, 2009 Delores Williams,415 Mason Court,stated the Maxwell Ranch was deeded to CSU for agricultural use only and the proposed wind farm does not meet that requirement. Eric Sutherland, 631 LaPorte Avenue,stated more information is needed about the Maxwell Ranch Wind Farm, including who will be purchasing and using the energy generated. Mark Settle, 2850 Kansas Drive, stated the occupancy limits placed on housing by the 3-unrelated ordinance cause hardships for students and make housing unaffordable. Shaun Reed,3207 Killdeer Drive,CSU student,stated the 3-unrelated ordinance is unfair to students and the process needs greater input from students. Lisa Billings, Livermore, stated her concerns with the lack of information from CSU to residents living near the Maxwell Ranch Wind Farm. Don Fairbanks,830 Bonita Avenue, stated more input is needed to address the issues raised by the 3-unrelated ordinance. Any proposed changes should receive input from all affected parties, including students. Glen Billings, Livermore, stated CSU has not provided adequate information about the Maxwell Ranch Wind Farm and needs to be more transparent to the public. Residents in the area of the Wind Farm have many questions that CSU has not answered. Katy Freudenthall, Director of Community Affairs, ASCSU, expressed concerns with moving the discussion about the 3-unrelated ordinance to May 5, which is the week before CSU finals. She asked if an earlier date could be chosen for the discussion. Mary Smith, 1618 Sagewood Drive, stated trash districting has been an issue for many years and needs to be addressed now. Trash trucks cause damage to neighborhood streets and decrease air quality. Tim Holt, Fort Collins resident, stated zoning in neighborhoods around the CSU campus needs to be changed to allow for more boarding houses which would help provide affordable student housing. Cheryl Distaso, 135 South Sunset, stated a sound test for the Buckingham neighborhood should be scheduled in the winter as well as in the spring if the proposed Oxbow Music Venue will be used as a year-round venue. David Ambrose, CSU student, stated the 3-unrelated ordinance punishes students as a group and makes it difficult to find affordable housing. Students contribute financially to the city and should be heard in the discussion about occupancy limits. Whitney Ruffin,700 East Drake,stated the 3-unrelated ordinance forces students to live further from campus and adds to traffic congestion. 389 February 3, 2009 Bob Morain, 4206 Monmouth Court, stated more public input is needed on the 3-unrelated ordinance. Dan Palmer,Fort Collins resident, CSU student, stated more discussion with CSU students and the community is needed to improve the 3-unrelated ordinance. Zoning regulations need to be changed to allow more boarding houses. Citizen Participation Follow-up Mayor Hutchinson stated the item concerning the 3-unrelated ordinance has been withdrawn from the agenda. The item only contained three small text changes in the ordinance and was not intended to examine the effectiveness of the ordinance. One change addressed the issue of handling repeat offenders, one clarified the wording of the regulation and one clarified the definition of family. Open forums and public meetings about the ordinance will be held after the ordinance has been in effect for two school years. The item was withdrawn to address possible unintended consequences that would result from the text changes. Councilmember Troxell stated a review of the 3-unrelated ordinance is needed now after it has been in effect for two years. The review should not be delayed until two "school"years are completed. He asked for a review of the 3-unrelated ordinance within one month. Mayor Hutchinson stated the review will occur after two full school years,which is the timetable that has been in place since the ordinance went into effect. Having the review within one month does not allow enough time for staff to provide a thorough and complete evaluation of the data now being gathered on the effectiveness of the ordinance. Ample notice will be provided for public input when the review begins. Councilmember Ohlson stated the item concerning the 3-unrelated ordinance was withdrawn from the agenda at the last minute because an issue arose that needed to be resolved. There are legitimate exceptions in limited circumstances that need to be allowed within the 3-unrelated ordinance. Staff needs time to resolve the issue, which means the text changes will be considered in early May. He suggested Council either address the proposed text changes in April or wait until the fall when the overall review of the ordinance will occur. City Manager Atteberry stated staff has been meeting with Ms. Freudenthall and other students to gather their input into this ordinance which the City wants to include as part of its review. There has not been any intent to exclude the students from the process and staff is listening to their concerns. Councilmember Ohlson asked for a timeline of the review process of the 3-unrelated ordinance to be provided to Council and the public. He requested staff look at zoning changes to some neighborhoods, any possible changes to the regulations regarding boarding houses and decriminalizing noise complaint charges without decreasing the effectiveness of the ordinance. Councilmember Ohlson asked for more information about development of the wind farm on the Maxwell Ranch. City Manager Atteberry stated the City owns natural areas land next to the Maxwell Ranch and has only been involved in the project as an adjacent property owner. The City 390 February 3, 2009 has no land use regulatory authority over the Maxwell Ranch as it is located far north of the City's boundaries. Council will not be involved in any decisions regarding purchase of energy generated at the site. The Mayor might have some input as a member of the Platte River Power Authority Board. Councilmember Manvel stated the Larimer County Commissioners have some regulatory powers over large electrical projects, if they choose to exercise them and those citizens concerned about the wind farm should contact the Commissioners. He noted staff is committed to performing sound tests before Council considers downtown cultural district noise standards so all interested parties will know exactly what 70 decibels means. Councilmember Roy stated a sound test should be done both in the winter and the summer to provide adequate information to neighborhood residents. He asked for information regarding the Fort Collins Symphony's $10,000 debt to the City. He stated that millions of taxpayer dollars have been spent for the open spaces by Maxwell Ranch with the intent of preserving viewsheds and he asked for more information about the Maxwell Ranch project. He noted that pay for performance was put into place to provide a system hold employees accountable with the City organization. City Manager Atteberry stated he will meet with members of the Symphony organization and provide further information to Council. Agenda Review City Manager Atteberry stated Item#19 First Reading of Ordinance No. 015, 2009, Amending the City Code and the Land Use Code Relating to Occupancy Limits has been withdrawn from the Agenda. He noted staff is working with the Town of Timnath to get an improved Exhibit 1 for Item #I I Items Relating to an Intergovernmental Agreement Between the City of Fort Collins and the Town of Timnath and he recommended Council allow staff to substitute the new exhibit into the agreement when it is available. Councilmember Troxell withdrew Item #12 First Reading of Ordinance No. 013, 2009, Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund. CONSENT CALENDAR 6. Second Reading of Ordinance No. 005, 2009,Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds. The City has received a $4,051 grant from the Colorado Department of Public Health and Environment for continuing radon education and outreach. This grant requires a local match of$4,051 that will be provided from the existing 2009 Air Quality Improvement Budget. 391 February 3, 2009 This Ordinance, unanimously adopted on First Reading on January 20, 2009, appropriates the grant revenue and authorizes the transfer of the matching funds. 7. Second Reading of Ordinance No. 006, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for Continuation of the Restorative Justice RESTORE Program. This Ordinance,unanimously adopted on First Reading on January 20,2009,authorizes the appropriation of $15,000 from a grant received from the Bohemian Foundation for salaries associated with the continued operation of the RESTORE Program. 8. Second Reading of Ordinance No. 007 2009, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service on Bond Series 2008A for the Year 2009. This Ordinance, unanimously adopted on First Reading on January 20, 2009, appropriates the tax increment revenue in the Downtown Development Authority Debt Service Fund for the payment of debt service for the year 2009 to the City of Fort Collins for the 2008A Taxable Subordinate Tax Increment Revenue Bonds. 9. Items Relating to a Volunteer Handicap Parking Enforcement Program. A. Second Reading of Ordinance No. 008,2009,Relating to Changes in the City of Fort Collins Traffic Code to Implement a Volunteer Handicap Parking Enforcement Program. B. Second Reading of Ordinance No. 009,2009, Appropriating Prior Year Reserves in the Transportation Services Fund for the Volunteer Handicap Parking Enforcement Program. Ordinance No. 008, 2009, will allow citizen volunteers to observe violations of handicap parking spaces, and provide evidence of the violation to a Parking Services enforcement officer. The officer will confirm vehicle ownership information with the Department of Motor Vehicles and issue a citation by mail to the owner of the offending vehicle. In Colorado,vehicle owners are prima facie responsible for parking citations,regardless of who was driving the vehicle. Ordinance No. 009,2009,appropriates the funds to implement the Program. Both Ordinances were unanimously adopted on First Reading on January 20,2009. 10. Second Reading of Ordinance No. 010, 2009, Amending Ordinance No. 058, 2007, Which Amended the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Rigden Farm Tract A Rezoning. This Ordinance corrects an error discovered in Ordinance No. 058, 2007, which states that the property should not be included in the Residential Neighborhood Sign District. Adoption of this Ordinance changes Section 2 to read that the property was to be included in the Residential Neighborhood Sign District. 392 February 3, 2009 11. Items Relating to an Intergovernmental Agreement Between the City of Fort Collins and the Town of Timnath. A. Second Reading of Ordinance No. 011, 2009, Approving an Intergovernmental Agreement Between Timnath and Fort Collins Regarding Growth Management Areas and Associated Issues Authorizing Disposition of Property as Provided Therein. B. Second Reading of Ordinance No. 012, 2009, Appropriating $1.2 Million in Prior Year Reserves in the Stormwater Fund and Self-Insurance Fund and Irrevocably Pledging an Additional$800,000 in Undesignated Reserves to be Contributed to the Town of Timnath, Colorado for Improvements to the Boxelder Overflow Project. Fort Collins and Timnath have negotiated a proposed intergovernmental agreement (IGA) to resolve certain differences that have arisen between them regarding a variety of planning and growth management issues. The IGA is intended to firmly establish the Growth Management Areas (GMA) for each municipality. In addition, the IGA authorizes the conveyance of an easement on Arapaho Bend Natural Area for a portion of the Boxelder Overflow Project, and the potential sale of the Vangbo Natural Areas property to Timnath. It also authorizes a contribution by Fort Collins to Timnath's Boxelder Overflow Project. The IGA terminates overlapping annexations by Timnath and Fort Collins in the vicinity of Harmony and I-25. Furthermore, the IGA makes clear that the Riverwalk property, at the southwest corner of I-25 and Harmony will stay within the Fort Collins' GMA. Both Ordinances were unanimously adopted on First Reading on January 20, 2009. 12. First Reading of Ordinance No.013,2009,Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund. This project will modernize and transform a portion of the electrical distribution system in the City by developing and demonstrating a coordinated and integrated system of mixed distributed electric resources, including renewable generation (solar), rotary- and inverter- based generation, and demand response methods, that will reduce peak loads on multiple distribution feeders in the downtown area by up to 30%and deliver improved efficiency and reliability. 13. First Reading of Ordinance No. 014, 2009, Amending Section 2-119 of the City Code Pertaining to the Functions of the Building Review Board. This Ordinance will amend Section 2-119 of the City Code to correct an error in Section 2- 119(5)that incorrectly references the"1976 Uniform Code for the Abatement of Dangerous Buildings." Through an oversight,this previously adopted model code(no longer in effect) which has been replaced by the 2006 International Property Maintenance Code, was inadvertently referenced. 393 February 3, 2009 14. Resolution 2009-008 Adopting the City's 2009 Legislative Policy Agenda. Each year,the Legislative Review Committee(LRC)develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council members and staff to determine positions on pending legislation and as a general reference for state legislators and our congressional delegation. 15. Resolution 2009-009 Authorizing a Revocable Permit to the Board of Governors of the Colorado State University System for Access to City-owned Property. This permit will enable Colorado State University to acquire the City's Cable 14 TV signal and retransmit it onto the CSU campus. Council action is required to authorize a permit for the use of City right-of-way. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 005, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds. 7. Second Reading of Ordinance No. 006, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for Continuation of the Restorative Justice RESTORE Program. 8. Second Reading of Ordinance No. 007, 2009, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service on Bond Series 2008A for the Year 2009. 9. Items Relating to a Volunteer Handicap Parking Enforcement Program. A. Second Reading of Ordinance No.008,2009,Relating to Changes in the City of Fort Collins Traffic Code to Implement a Volunteer Handicap Parking Enforcement Program. B. Second Reading of Ordinance No. 009,2009,Appropriating Prior Year Reserves in the Transportation Services Fund for the Volunteer Handicap Parking Enforcement Program. 10. Second Reading of Ordinance No. 010, 2009, Amending Ordinance No. 058, 2007, Which Amended the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Rigden Farm Tract A Rezoning. 394 February 3, 2009 11. Items Relating to an Intergovernmental Agreement Between the City of Fort Collins and the Town of Timnath. A. Second Reading of Ordinance No. 011, 2009, Approving an Intergovernmental Agreement Between Timnath and Fort Collins Regarding Growth Management Areas and Assogiated Issues Authorizing Disposition of Property as Provided Therein. B. Second Reading of Ordinance No. 012, 2009, Appropriating $1.2 Million in Prior Year Reserves in the Stormwater Fund and Self-Insurance Fund and Irrevocably Pledging an Additional$800,000 in Undesignated Reserves to be Contributed to the Town of Timnath, Colorado for Improvements to the Boxelder Overflow Project. Ordinances on First Reading were read by title by City Clerk Krajicek. 12. First Reading of Ordinance No.013,2009,Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund. 13. First Reading of Ordinance No. 014, 2009, Amending Section 2-119 of the City Code Pertaining to the Functions of the Building Review Board. 21. First Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project. Councilmember Manvel made a motion,seconded by Councilmember Troxell to adopt and approve all items not withdrawn from the Consent Calendar and to allow staff to substitute Exhibit 1 to the Agreement in Item#11. Yeas:Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays:none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Manvel noted Item#7 Second Reading of Ordinance No. 006, 2009,Appropriating Unanticipated Grant Revenue in the General Fund for Continuation of the Restorative Justice RESTORE Program provides a great benefit to the community by holding those who shoplift accountable for their actions. Staff Reports City Manager Atteberry stated City employees have earned the United Way award for the greatest increase in actual number of employees donating to the United Way. City Manager Atteberry stated the December 2008 sales tax collection was only 1/2% lower than December 2007 sales tax. 395 February 3, 2009 City Manager Atteberry noted all free publications have been moved from free-standing newsracks into the condominiums provided by the DDA. A few paid publications will still be in free-standing newsracks because the condos currently do not have the coin mechanisms needed to collect the payments for the publications. , Mike Freeman,Chief Financial Officer, stated FortZED emerged from the UniverCity Connections group. ZED stands for zero energy district and the idea is to create as much alternative power as the district uses. Funding requests to the Department of Energy and the Governor's Energy Office have been submitted to jump-start this project. The federal stimulus package will have large sums available for smart grid projects. The partners of FortZED have put a proposal together to expand the footprint of the district from 5 megawatts to 50 megawatts which will increase the size of the project significantly. The proposal submitted for federal stimulus funds requests $250 million and other funding has been identified to contribute to the district, as well. It is unknown at this time whether any stimulus funds will be awarded to FortZED. Councilmember Reports Councilmember Manvel stated he has attended meetings with the Colorado Department of Transportation regarding the North I-25 Environmental Impact Statement and long-term transportation possibilities to provide mass transit from Northern Colorado to Denver. Items Relating to Contracts with Platte River Power Authority, Postponed Indefinitely The following is staff s memorandum on this item. "EXECUTIVE SUMMARY A. First Reading of Ordinance No. 016, 2009, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 017, 2009, Authorizing an Amended and Restated Contract With Platte River Power Authority for the Supply of Electric Power and Energy. The Organic Contract between the four member cities of Estes Park, Fort Collins, Longmont and Loveland was originally signed in 1975 and last amended in 1998. The Organic Contract forms Platte River Power Authority. A change to the Organic Contract requires the approval of all four member municipalities. Most of the changes to the Organic Contract are in the nature of updates intended to reflect current organizational practices, as detailed more fully below. In addition, staff and Platte River have negotiated changes to update the Contract for the Supply of Electric Power and Energy and termination of the Transmission Facilities Agreement. Changes to the Contract for the Supply of Electric Power and Energy incorporate relevant terms from the Transmission Facilities Agreement. The most significant change to the Contract is a provision which allows the City to develop generation resources up to 3,000 kilowatts to supply Cityfacilities; this is approximately 60%of City facilities demand. The agreement does not limit the size or ability 396 February 3, 2009 of customers to install generation resources for their own use, nor for third party developers to install generation at a customer's site. BACKGROUND October 28, 2008 work session During the October 28, 2008 work session, Council discussed both the Amended Energy and Power Supply Contract between the City of Fort Collins and Platte River Power Authority, and the Amended and `Restated Organic Contract between the Cities of Fort Collins, Longmont, Loveland and Estes Park. Discussion in reference to the Energy Supply Contract centered on new language that allows the City to develop and own generation to serve the electric energy demands of its own facilities. The previous Energy Supply Contract limited the Ciry's ability to self generate to zero. The revised contract proposes a limit of one percent of the peak load within Fort Collins, which amounts to approximately 3,000 kW of generation (about 60% of the load for all city facilities). Council expressed concern over the 1% cap and asked why it couldn't be 201o, 3% or even greater. Joe Wilson, Platte River's General Counsel,provided a detailed explanation. Previous bonds sold by Platte River were sold with a commitment to the buyers that Platte River would be the sole provider to the four cities. Platte River has been aware of the cities desire to support,provide, and develop renewable resources. Discussions with Platte River's Bond Counsel resulted in an agreement that the 1%cap could be considered de minimis. At the request of the Utilities Executive Director, Platte River requested information from their Bond Counsel on the potential to increase the limit on generation for City facilities up to 10%. A copy of the response is attached. (Attachment 9) Council also commented on a document Brian Moeck provided before the meeting detailing Platte River's commitment to environmental concerns and stewardship. Council complimented Platte River on its efforts and asked if language could be added to the "whereas" clauses and the 11 urpose"section ofthe Organic Contract reflective ofPlatte River's commitment to environmental stewardship. The suggested changes have been incorporated into both Contracts. The following statements have been included: WHEREAS, the Municipalities are committed to the delivery ofelectricity that is both affordable to their customers and generated in a manner that reflects good stewardship of the environment; and WHEREAS, during its existence the Authority has developed a portfolio of generation resources and demand side managementprograms thatdeliver affordable power and energy in conformance with relevant environmental regulations; and WHEREAS, the Municipalities acting in concert through the Authority wish to continue their commitment to provide electric power and energy with cost effective and environmentally responsible resource options that enhance the sustainability of the Northern Colorado region; 397 February 3, 2009 (Note: The additional language added to the PURPOSES section at 2.1(i) is underlined below to indicate the change) 1.1 PURPOSES The purposes of the Authority are to conduct its business and affairs for the benefit of the Municipalities and their inhabitants (i) to provide the electric power and energy requirements of the Municipalities and the retail customers within the Municipalities in a cost effective manner that reflects high standards of environmental stewardship and sustainability: Revisions to the Organic Contract In June 1975, the municipalities of Fort Collins, Longmont, Loveland and Estes Park established Platte River Power Authority to develop both energy resources for the production of electric energy and transmission infrastructure to deliver electric energy to the four member municipalities. The Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity dated June 17, 1975 defined the roles of each of the municipalities within the organizational structure of Platte River, defined membership on the Board of Directors, and established the by-laws within which the Board operates. In July 1998, the Organic Contract was amended to allow Platte River to provide additional functions, services or facilities to any combination of two or more of the member municipalities. An example of an expanded service is Platte River's provision and management of the Banner Customer Information System used by both Longmont and the City of Fort Collins. The modification also allowed Platte River to enter into telecommunication activities, which they continue to manage for the City. The amendments that staff and Platte River are presenting to Council in the Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity(the "Updated Organic Contract') add to the services that Platte River may provide to Fort Collins by noting that Platte River will assist Fort Collins in reaching its renewable energy requirements. Additionally, language has been added which specifically details that Platte River will provide services and products that improve the efficiency ofgeneration, transmission and use of electrical energy. The proposed changes also bring current the expiration dates of the terms of the Platte River appointed directors. Those dates are as follows; December 31, 2011 for Estes Park, December 31, 2008 for Fort Collins, December 31, 2010 for Longmont and December 31, 2009 for Loveland. Additional changes allow board members to participate in Board meetings via teleconferencing. Changes also provide authority to the Board to appoint an interim Platte River General Manager if and when a vacancy exists in that office. The previous provision automatically designated the Board Chairman. The Updated Organic Contract also extends the term of the Contract from an end date of 2040 to 2050. 398 February 3, 2009 Revisions to the Amended Contract for the Supply of Electric Power and Energy Fort Collins and Platte River are proposing an Amended Contract for the Supply of Electric Power and Energy (the "Updated Energy Supply Contract'). The Transmission Facilities Agreement between Platte River and Fort Collins, dated February 22, 1980, will be terminated with the execution and some of its terms are incorporated into the Updated Energy Supply Contract, while others are addressed in Appendix B to the Updated Energy Supply Contract. The Updated Energy Supply Contract obligates Platte River to sell and deliver and Fort Collins to purchase and receive all electrical energy which Fort Collins requires; in effect, it is an all- requirements contract with an exception as described below. The Contract defines the roles and responsibilities of each of the entities with respect to providing electric energy, the disposition of excess energy, the responsibility to maintain adequate rates, and required compliance with Western Area Power Administration requirements for the purchase offederally generated power. The above noted exception to the all-requirements obligation addresses the amount of generation the City can develop to provide service to City-owned facilities. The contract as it currently stands limits the amount ofgeneration the cities could develop for their own use. The member cities were able to keep any generation resources they owned prior to the establishment of Platte River, which allowed Longmont and Loveland to continue to own and operate their small hydro-electric plants. Fort Collins had no such resources. The amended Contract designates municipal generation up to 1%ofpeak as de-minimus. The amendment will have a very positive effect on the City. Fort Collins will be able to develop approximately 3000 kilowatts of renewable generation. The total load associated with city facilities is about 5000 kilowatts, so more than half of this could be met with municipal generation(renewable or other resources). 3000 kilowatts is enough generation to power approximately 1,000 to 1,200 homes. Depending on the resource developed, 3000 kilowatts of generation could reduce carbon dioxide emissions by between 7,000 to 19,000 tons per year. The amended Contract does not limit the amount or size of generation customers can install at their homes or businesses. The option for customers to develop their own generation has always existed and is not impacted by this amended contract. Fort Collins and Platte River jointly occupy all of the substations serving the City. The proposed changes clarify that each party has license to occupy any substation where the parties jointly use facilities. The language ofthe Updated Energy Supply Contract clarifies the planning requirements and the timelines needed to insure that adequate time is given for the siting, design and construction of new transmission and substation facilities. For example, it reduces from four years to two years the prior notification the City must give Platte River of the need for a new substation if no new transmission is required. If new transmission is required, the City must give Platte River four years notification. The Energy Supply Contract term is also extended from 2040 to 2050. This is of critical importance because the power supply agreements between Platte River and the cities are security for Platte River bonds and these agreements must have terms beyond the terms of the bonded indebtedness. 399 February 3, 2009 Appendix B to the Updated Energy Supply Contract specifies the responsibilities of each entity as either the owner or joint user of a facility. The responsibilities for site work, foundation construction, and operation and maintenance tasks are defined in Appendix B. Platte River purchases energy from the Western Area Power Administration (WAPA) on behalf of the Cities. The WAPA General Power Contract Provisions have been added as an exhibit to the Energy Supply Contract. The amendments to both agreements give additional flexibility to both Platte River and the City in addressing Governor Ritter's goal to reduce the City's carbon emissions by 20%below 2005 levels by 2020 and 80% below 2005 levels by 2050. Both the City and Platte River have committed themselves through formal resolutions to reaching these goals. The development or acquisition of additional renewable resources along with the implementation of energy efficiency programs and services by Platte River, and the City's ability to develop renewable resources for its own use, provide both Platte River and the City new avenues towards this goal. Additionally, the amendments provide clarity to the roles and responsibilities of each entity. " Brian Janonis, Utilities Executive Director, stated the contracts provide the City with the ability to self-generate up to 3000 kilowatts of renewable energy. The contracts clarify some longstanding issues regarding responsibilities at the substations and they support the City's environmental objectives. Brian Moeck,General Manager of Platte River Power Authority,stated an extension of the contracts is requested every 10 years. The existing contracts expire in 2040 and the request is for a 10 year extension to 2050 for financing purposes. The City's Electric Board has reviewed and unanimously approved the contracts. Councilmember Troxell asked about the process to amend the contracts in the future. Moeck stated the contracts do not have any language that gives a time frame to readdress the contracts. A request to consider a change may be brought forward at anytime through the members on the Platte River Board. Councilmember Poppaw asked if a provision could be added to the contract that would require a review after five years and if such a provision would be too onerous for Platte River. Moeck stated it would be possible to include a five year review in the contract. He suggested asking the Electric Board to review the contract annually and the Board could come to Council with any suggestions for change. This would allow for the opportunity to address any requested changes on a more flexible basis. Mayor Hutchinson noted Council can discuss any potential changes at any time. Councilmember Poppaw stated an annual review by the Electric Board would be beneficial but she also wanted a written provision that would require Council to review the contract after a certain period of time. City Attorney Roy stated the Organic Contract and the Electric Supply Contract contain provisions that address the ability of the parties to amend the contracts at any time. He noted 400 February 3, 2009 the contract may not be terminated as long as Platte River has bonds, notes or other obligations outstanding. A provision could be added to the contract that stated a periodic review will be conducted or an internal policy could be developed to require such a review. After a review, any changes the City chooses to propose could then be considered by Platte River and the other parties to the contract. The Energy Supply Contract contains language that states the Contract remains in effect until it is terminated and it does not have specific language about the parties's ability to amend the contract during the term of the agreement. If all the parties to an agreement want to amend an existing agreement, changes can be made to the agreement at any time. Mayor Hutchinson allowed public comment at this time. Eric Sutherland, 631 LaPorte, stated the contracts do not reflect changes in the energy industry and do not contain 21 st century policy. The issue of parity and who will pay for renewable energy in the future should be addressed in these contracts. Councilmember Ohlson asked what the result would be if the contract is not adopted at this time. Moeck stated the City will continue to receive service under the existing contract until the end of that contract. If Council votes to never renew the contract,that would need to be disclosed on the current bond issue. If the intent is to continue working on the contract, a disclosure will not be required. Councilmember Olson stated one proposed change to the Energy Supply Agreement would allow the City to develop its own generation resources up to 1% of its annual peak demand for City facilities and he asked for the consequences of changing that percentage to 2%or 3%. Moeck stated a request was given to Platte River to consider a change of 10%and ask bond counsel for the results of that request. A letter from bond counsel stated under current conditions asking for any increase in the percentage from the rating agencies is not recommended for fear it might have a negative impact on the bond rating request. Allowing 1% generation was negotiated many months ago and any increase will affect the bond rating. Councilmember Ohlson asked if the Whereas clauses in the Organic Contract could be amended to strengthen environmental responsibility and address the issue of climate change. City Attorney Roy requested specific direction from Council as to what the Contract should say that would be acceptable to Council. Councilmember Ohlson stated the wording should be strengthened regarding environmental protection and further consideration of the ordinances should be postponed until the language is strengthened. City Attorney Roy asked it the matter is time sensitive. Moeck stated his preference that Council adopt the ordinances on first reading and make any necessary changes before second reading in such a way that the contract remains fundamentally the same. Councilmember Ohlson noted the contract will remain in effect until 2050 and he wanted strong language about environmental issues. Councilmember Roy stated a letter from Mr. Moeck states "Platte River is an entity discrete from the member municipalities which have no control over the actions of Platte River except through 401 February 3, 2009 their representation on the Board of Directors" and he asked if Mr. Moeck was balancing requests from the cities or from the 8-member Board. Moeck stated he reports-to the Board, which is composed of 2 members from each participating municipality. The Board provides most of the direction he is given,but Platte River also recognizes it serves 250,000 customers and it cares about the issues that concern those citizens. Councilmember Roy asked if the Contract could be adopted if this Council does not support the Contract. Moeck stated the existing Contract stays in place unless all four municipalities agree to the amended Contract. City Attorney Roy stated the Contract is a four party agreement and cannot be modified without the consent of all parties. If one of the parties does not approve the amended Contract, the existing Contract will remain in force until 2040. Councilmember Roy stated his concerns about the length of the contract and that it did not seem to contain enough forward-:thinking ideas for a contract that will be in effect until 2050. Moeck stated the Organic Contract creates Platte River Power Authority and discusses the governance model. The issues such as climate change are more directly related to the Energy Supply Contract, which is a two-party agreement between Fort Collins and Platte River. Councilmember Poppaw supported postponement of consideration until the language in the Contract can be improved. Council wants to adopt the Contract, provided it contains the proper language. Councilmember Manvel stated the Organic Contract can be modified with unanimous approval of the four member municipalities. The old Contract will continue in effect if one party does not approve the new Contract. Any change to the Energy Supply Contract would be between Fort Collins and Platte River. Fort Collins could effect a change with the approval of any one other party of the four member municipalities. Changing the Energy Supply Contract does not take unanimous approval of all four municipalities. Moeck stated if the City wants to increase from its own generation from 1% to 2%, Platte River would choose to get bond counsel approval. Platte River does try to keep the Energy Supply Contracts to each of the four cities the same. If bond counsel agreed to a higher percentage at some time in the future, Platte River would want to offer that same higher percentage to all four parties. A majority of the Board of Directors would be needed to approve a new Energy Supply Contract. If the Board vote is a tie vote, the vote becomes a "weighted"vote. If the Fort Collins Boardmembers and another party vote for the new Agreement; those votes become the majority. Mayor Hutchinson noted achieving 1%of the City's own generation resources is an ambitious goal. Achieving 1% with a 3,000 kW solar project would take 15 acres of solar panels and cost approximately $30 million. Councilmember Poppaw stated the amount of energy that would be generated by 1% is approximately 3000 kW or 60%of City facility demands. She asked if the remaining 40%of energy demands of City facilities could be provided by renewable energy by a contract with Platte River and if the Platte River Board needed to get permission to generate the remaining 40%in such a manner. Moeck stated the first 60%or the remaining 40%of generation of energy for City facilities could be done by renewable energy by Platte River as long as the City paid for such projects. Projects for 402 February 3, 2009 individual communities that are not done for all four communities are paid by the individual communities. Such projects are generally of a size that requires Board approval. No special project requested by a member community has been denied by the Board. The issue is fairness and whether all four communities should pay for the project or only the communities who are benefitting from the project. Councilmember Poppaw asked for clarification on the issue of parity of payments and how payments for projects are divided between the member cities and if any cities are receiving benefits for which they are not paying. Moeck stated one issue that has been raised concerned the new bond issue paying for transmission for Loveland and Longmont. That transmission line has already been built in Fort Collins. All of the transmission and generation is a pooled resource and the cost is charged equally through a tariff that is the same for all four cities. The renewable portfolio is a pooled resource that is either delivered energy or renewable energy credits and each city requests the amount of renewable energy from that pool. Each community requests a different amount,but pays the same dollars per megawatt hour and the same cents per kilowatt hour. There is also the issue of a customer information system,installed years ago,that benefits Fort Collins and Longmont and those two communities are paying for that service. A fiber optics system has been built around all the cities with additional fibers added for Fort Collins and Longmont. Longmont wanted to own and operate that system itself. The fibers in Loveland and Fort Collins are leased to those that want to lease them and Platte River sends those two cities the funds received from the leasing. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Roy asked for information on Platte River's role in the Windy Gap Project. Moeck stated Platte River owns the rights to 16,000 acre-feet from the Windy Gap Diversion Project on an annual basis. Platte River currently transfers 5,150 acre-feet of water when the water is available, of which 4,200 acre-feet goes to Fort Collins first, then the water is used in Anheuser-Busch's manufacturing process. The City gets the use of the totally consumable water and Platte River, in return,take treated effluent from the City's system to Rawhide Plant Hamilton Reservoir for cooling purposes. Both Platte River and the City rely on water from the Windy Gap Project. Councilmember Roy asked if the Contract contained a provision that would use the Windy Gap Project to support a second power plant. Moeck stated the Rawhide Energy Plant was originally designed for three coal units of equal size and the water was acquired in the Windy Gap Project for use at a second plant. However, air quality regulations have changed and it would now be very difficult to build a second coal unit. Platte River does not have any plans to build a second coal unit. Councilmember Roy asked if the Windy Gap Firming Project was necessary for Platte River operations. Moeck stated in the drought of 2001-2002 taught Platte River that the Windy Gap Project does not always provide the water needed each year. The Firming Project will buy a piece of a new reservoir so Platte River can store Windy Gap water to ensure the 5,150 acre-feet of water are available each year rather than counting on the water coming from the Diversion Project itself. Both Projects provide assurance that Platte River can meet its obligations to Fort Collins to provide the 4,200 acre-feet that goes through the City's system and Platte River then takes 4,200 acre-feet at the end. 403 February 3, 2009 Mayor Hutchinson noted the Contract does not contain any reference to the Windy Gap Project. Councilmember Ohlson stated the perceived lowest costs are not always the actual lowest cost especially when health, air quality and environmental costs are included. He asked that the these issues be acknowledged as being of equal importance. City Manager Atteberry suggested Council postpone its vote on the Contract until these issues are addressed. Councilmember Ohlson asked for a review of the Contract every five years to be included within the City's timeframe, even if it is not included in the Contract or the Energy Supply Contract. City Manager Atteberry noted the power industry and Fort Collins Utilities are changing rapidly and a periodic review would be a good idea that can be done at a local level. Council could amend the duties of the Electric Board to include a periodic review of the Contract. Councilmember Roy made a motion, seconded by Councilmember Manvel; to postpone to a later date,consideration of Ordinance Nos. 016 and 017,2009 until staff and Platte River have modified thelanguage. Councilmember Troxell noted the Electric Board voted to approve the Contract by a vote of 4-0, with two members recusing themselves and one member absent. The proposed agreements provide the flexibility to provide for the innovations and changing needs in the delivery of electric services of the future of Fort Collins. Platte River has a remarkable record in providing electric power and environmental stewardship. It has provided renewable energy to Fort Collins and the other member cities for over 10 years. The extra language being requested is not necessary and he did not support a postponement. City Attorney Roy clarified that the intent of the motion was to postpone consideration of both ordinances. Councilmembers Roy and Manvel agreed the intent was to postpone both ordinances. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: Troxell. THE MOTION CARRIED. Items Relating to an Intergovernmental Agreement between the City of Fort Collins, the Town of Windsor and the Colorado Department of Transportation, Adopted on First Reading The following is staff s memorandum on this item. "FINANCIAL IMPACT The Transportation Commission's approval of the System Level Study on January 21, 2009 and the approval of the Intergovernmental Agreement(IGA)will allow the project to be designed and ready for construction. Design funding in the amount of$1,937,878 was earmarked for this project by CDOT. Of that amount, $169,355 will be withheld for CDOT review, the remaining funds of 404 February 3, 2009 Sl,768,523 will cover the cost of consultant design and City and Town review. The total amount appropriated will be S1,768,523. The total cost of the design will be funded by CDOT so no local match is required. The preliminary cost of the interchange construction is estimated to cost an additional 522.7 million(not including right-of-way). The cost of constructing the interchange and right-of-way acquisition is not part ofthis IGA. Ifconstruction funding becomes available, a second IGA will be required. EXECUTIVE SUMMARY A. Resolution 2009-010Approving an Intergovernmental Agreement with the Town of Windsor . and the Colorado Department of Transportation Concerning the Design of the Interstate 25/State Highway 392 Interchange. B. First Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project. The City Council and the Windsor Town Board have held three joint work sessions to discuss the 1-25 and State Highway 392 Interchange Improvements and System Level Study(1601 Process). The System Level Study for this interchange was approved by the Transportation Commission on January 21, 2009. This approval, along with a signed IGA, will allow the project to move into the final design phase. This agreement outlines the disbursement of the 51,937,878 million available from CDOT for the design of the interchange. Ordinance No. 018, 2009, authorizes the appropriation of Sl,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund for the design of the 1-25 and SH392 Interchange Improvements. BACKGROUND The 1-25 and State Highway 392 Interchange is an integral, yet poorly functioning part of the state transportation network. In January 2006, the City of Fort Collins (City) and the Town of Windsor (Town) entered into an Intergovernmental Agreement(IGA) to develop a plan for the improvement of the interchange, including implementation strategies. A plan was presented to the City, the Town, and affected interest groups. A joint task force (staff from the Town, City, and a potential Developer)was formed to focus on the specific financing tools to use for funding scenarios of the interchange improvements. The System Level Study includes three possible funding scenarios. The two-year process to develop the 1-251SH 392 Interchange Improvement Plan was completed in early 2008. The Study established a foundation for implementing the needed interchange improvements and developing some financing tools available to the Town and the City. The next step was the completion of a CDOT approved System Level Study. The City and Town chose to move forward with the System Level Study. A System Level Study is a CDOT mechanism for seeking approval from the Federal Highway Administration (FHWA) to reconstruct or modify 405 February 3, 2009 an interchange on the Interstate Highway System. The Study included conceptual design, environmental clearance, and a financing package. Staff representatives from Fort Collins and Windsor worked in collaboration with a consultant team to complete the requirements of CDOT and FHWA. The System Level Study was approved by the Transportation Commission on January 21, 2009. Completion of these requirements allows the project to be designed and ready for implementation when construction funding is available. This IGA between the Town, City and CDOT identifies the process for administrating the$1,937,878 million that is available from CDOT. The IGA identifies the scope ofworkfor the design, describes how the design contract will be managed, and defines funds for CDOT`s design review. The scope of work includes provisions specifying that any additional wetlands mitigation beyond levels required by the National Environmental Policy Act(NEPA), as well as retaining walls along SH-392 west of the interchange will be the financial responsibility of the City of Fort Collins. With the Transportation Commission approval of the System Level Study and the approved IGA, the interchange design can begin immediately and will allow the project to be ready for construction in the Fall 2009, qualifying the project for potential stimulus package funding. " Mark Jackson, Transportation Group Director, stated the System Level Study was unanimously approved by the Transportation Commission and the Project is ahead of schedule. The next step is the design phase, which, if completed in a timely fashion, could allow the Project to receive funds from the federal stimulus package funding. This resolution is requesting approval of an intergovernmental agreement between the City, Windsor and the Colorado Department of Transportation(CDOT). The IGA is required by CDOT and will allow CDOT to disburse the $1.9 million in state and federal funds that are set aside for the interchange design work. Staff from Fort Collins and Windsor will take the lead on the design and CDOT will reimburse the communities for their costs. The scope of work includes wetlands mitigation,retaining walls,and special treatments on the west side of the interchange. Accelerating the design process of the interchange will not compromise the design process,which will begin as soon as the three parties sign the IGA. The goal is to have the design completed by July 2009. Councilmember Ohlson asked if funding from the federal stimulus package will remove the private sector from its share of the costs. Jackson stated any development project at the interchange would be assessed development impact fees, either before the development or in a pay-back agreement. Councilmember Ohlson asked if the placement of the frontage roads is included in the agreement. Jackson stated the upcoming meetings between Fort Collins and Windsor will discuss the placement of the frontage roads as part of the design process. Councilmember Manvel made a motion,seconded by Councilmember Troxell,to adopt Resolution 2009-010. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 406 February 3, 2009 Councilmember Manvel made a motion,seconded by Councilmember Roy,to adopt Ordinance No. 018,2009 on First Reading. Yeas: Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 013, 2009, Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund, Adopted on First Reading The following is staffs memorandum on this item. "FINANCIAL IMPACT Resolution 2008-106 authorized the City Manager to execute an agreement with the Department of Energy to enter into subcontract agreements with project partners that outline, per the grant submittal, how matching funds are contributed and Department of Energy (DOE) funds are distributed among the partners. The total budget for the project is $11.1 million as follows: Total project budget: $11,052,949 Total matching funds: $ 4,729,569 Funds requested from DOE: $ 6,323,380 The Ordinance appropriates $6,323,380 of unanticipated grant revenue. EXECUTIVE SUMMARY This project will modernize and transform a portion of the electrical distribution system in the City by developing and demonstrating a coordinated and integrated system of mixed distributed electric resources, including renewable generation (solar), rotary- and inverter-based generation, and demand response methods, that will reduce peak loads on multiple distribution feeders in the downtown area by up to 30% and deliver improved efficiency and reliability. BACKGROUND The applicant for the overall project is the City of Fort Collins. The project will address the research, development, and demonstration of a coordinated and integrated system of 3.5 MW of mixed distributed resources in Fort Collins to achieve a 20-30%peak load reduction on multiple distribution feeders. The City has worked with several cooperating government and private entities to create a unique combination of world-class research facilities, global industry leaders and local entrepreneurs to develop and plan the project. Project partners working with the City to provide matching contributions and to implement the project included Colorado State University, Larimer County, the Governor's Energy Office, New 407 February 3, 2009 Belgium Brewing Company, Advanced Energy, Brendle Group, Caterpillar, Eaton, Spirae, and Woodward Governor. The DOE grant funding for the project totals$6,323,380, and the matching funds required for the project total$4,729,569. The grant will be disbursed over a three year period. Utilities staffwill administer the grant requesting reimbursements for the City and projectpartners, filing the appropriate federal grant reports, tracking grant expenditures, and coordinate activities among the partners. The City of Fort Collins Utilities will request funding from the Department of Energy and reimburse partners for their agreed upon contributions. " Councilmember Troxell withdrew from the discussion of Item 412, First Reading of Ordinance No. 013, 2009,Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund, due to a conflict of interest. Eric Sutherland, 631 LaPorte, stated it was unclear how the Fort Collins Utilities will be shaped by this grant and how benefits from FortZed will improve the entire community. Other communities have more progressive energy policies than Fort Collins that do benefit their entire communities and not just one district. FortZed creates one area that is "zero energy" but will not benefit the whole city. Councilmember Ohlson asked for information from Mr. Sutherland regarding the energy policies developed by other communities and what changes should Fort Collins consider making to become more progressive in the energy field in the next five years. Mr. Sutherland stated he would provide that information to Council and staff. Councilmember Manvel stated the goals of FortZed could be made clearer and more information should be made available to the public. Brian Janonis, Utilities Executive Director, stated more information on the goals and objectives of FortZed would be provided to Council and to the public through the City's website. Mayor Hutchinson stated the City needs to make a greater effort to publicize its efforts in moving towards greater use of renewable energy. City Atteberry stated those interested could look at the "Utilities of the 21 st Century" and see where best management practices are occurring within the Fort Collins Utilities which has been moving towards greater use of renewables and sustainability for some time. Councilmember Roy made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No. 013, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson,Poppaw, and Roy. Nays: none. Withdrawn: Troxell. THE MOTION CARRIED. 408 February 3, 2009 Adjournment The meeting adjourned at 9:20 p.m. Mayor ATTEST: City Clerk 409 February 17, 2009 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, February 17, 2009, 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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. (Councilmember Brown excused from Council meetings from October 28, 2008 through April 7, 2009, authorized by Resolution 2008-104.) Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation JoAnn Ginal, 316 East Magnolia Street, Human Relations Commission member, read the duties of the Human Relations Commission. Jennifer Lowe,2774 Nottingham Square,Human Relations Commission Chair,read language from a"Freedom to Marry" Proclamation. Lynne Hull, 510 Whedbee, did not support the City's extermination of prairie dogs. Carole Hossan,504 Edwards,stated the City should not exterminate prairie dogs but should relocate them instead. Tom Griggs, 520 North Sherwood Street, stated the the "Freedom to Marry" Proclamation should have been read by the Mayor. Sandy Lemborg,6851 Poudre Canyon,asked why prairie dogs were to be exterminated in the natural areas instead of relocating them. Kay Linder, 2105 Sage Drive, stated the prairie dogs located in the City's natural areas should not be exterminated. Craig Chapin, LaPorte resident, invited Council to attend the "Freedom to Marry" rally to be held in Old Town Square. Cheryl Distaso, 135 South Sunset, expressed her disappointment that the Mayor did not sign the "Freedom to Marry" Proclamation. 1 February 17, 2009 Nancy York, 130 South Whitcomb, stated development fees charged to new development should reflect the higher costs of road materials so development continues to pay its share of fees. Diane Kaufman, 5007 Whitewood Court, expressed her support for "Freedom to Marry Day" Proclamation. Lin Chambers, Fort Collins resident, stated the Mayor should have signed the "Freedom to Marry Day"Proclamation. Citizen Participation Follow-up Mayor Hutchinson thanked those who spoke about the "Freedom to Marry" Proclamation. Proclamations are to be celebratory in nature and are not meant to advocate any particular position. Clearer guidelines for proclamations will be developed in the future. Councilmember Roy thanked the Human Relations Commission for supporting"Freedom to Marry" Day. He asked for clarification of the City Policy regarding relocating and exterminating prairie dogs. City Manager Atteberry stated the decision to exterminate prairie dogs was not made in a cavalier fashion. The City's Wildlife Management Guidelines recognize that, under certain circumstances, extermination is necessary. Other methods are used, whenever possible. Marty Heffernan, Executive Director of CPRE,stated the natural areas where the prairie dogs will be exterminated are essentially environmentally destroyed due to an overpopulation of prairie dogs, creating dust and erosion issues on the land. The areas are in an urban setting and neighbors living next to the natural areas are upset by the amount of dirt blowing onto their properties from the erosion on the natural areas. Different techniques have been attempted to revegetate the areas and control the prairie dog populations, but the alternative methods have not worked in these areas. The prairie dogs need to be eradicated so the vegetation can be re-established in these areas. In the future,prairie dogs can be reintroduced into the areas. Relocating the prairie dogs to Soapstone Prairie would be difficult and would have little success. Prairie dogs multiply rapidly and,when they are reintroduced into the areas, will establish themselves quickly. Councilmember Poppaw thanked the Human Relations Commission for its work to create an inclusive community. Councilmember Ohlson asked for the number of prairie dogs to be exterminated and if the most humane method of extermination would be used. Heffernan stated the fumigation method is the most humane method and is used at a time before new pups are in the dens. Agenda Review City Manager Atteberry stated there were no changes to the Agenda. 2 February 17, 2009 CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the January 20,2009 Regular Meeting and the January 13 and January 27, 2009 Adjourned Meetings. 7. Second Reading of Ordinance No. 014, 2009, Amending Section 2-119 of the Cites Pertaining to the Functions of the Building Review Board. This Ordinance,unanimously adopted on First Reading on February 3,2009,amends Section 2-119 of the City Code to correct an error in Section 2-119(5)that incorrectly references the "1976 Uniform Code for the Abatement of Dangerous Buildings." Through an oversight, this previously adopted model code(no longer in effect)which has been replaced by the 2006 International Property Maintenance Code, was inadvertently referenced. 8. Second Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project. The City Council,the Windsor Town Board and the Colorado Department of Transportation have approved an intergovernmental agreement(IGA)concerning the design of the Interstate 25/State Highway 392 Interchange. The IGA identifies the scope of work for the design, describes how the design contract will be managed, and defines funds for CDOT`s design review. Ordinance No. 018,.2009, unanimously adopted on First Reading on February 3, 2009, authorizes the appropriation of$1,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund for the design of the I-25 and SH392 Interchange improvements. 9. First Reading of Ordinance No.020,2009,Appropriating Unanticipated Grant Revenue and Transferring Prior Year Reserves in the Larimer County Drug Task Force Reserve to the General Fund for the Larimer County Drug Task Force. Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Larimer County Drug Task Force for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. In addition,because of the significant decrease in federal funds available for drug enforcement, the Drug Task Force is transferring$210,000 from its forfeiture reserve account to its 2009 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. This appropriation is not a request to identify new dollars for the Police Services' 2009 budget. This action appropriates the $45,150 and $21,536 in new federal grant money and. authorizes the transfer of $210,000 from the forfeiture reserve account for unfunded operating expenses for 2009. 3 February 17, 2009 10. Items Relating to the Contract with the Colorado Department of Transportation for the Jefferson Street/State Highway14 Project. A. Resolution 2009-012 Authorizing the Mayor to Enter into an Agreement with the Colorado Department of Transportation to Enable the City to Receive Congestion Mitigation & Air Quality (CMAQ) Funding for the Jefferson Street Project. B. First Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue for Transfer From the Transportation Services Fund to the Capital Projects Fund - Building on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project. This Council action authorizes the City to enter into an agreement with the Colorado Department of Transportation (CDOT) to receive the CMAQ funding for an Alternatives Analysis study and recommended improvements to Jefferson Street/SH14, from North College Avenue to Mountain Avenue. This project includes the intersection of Jefferson, Riverside, Mountain, and Lincoln streets. This funding from CDOT may be used for any or all of the following phases of the project: Alternatives Analysis study, preliminary/final design, engineering, right-of-way, and construction. The City's matching funds are being provided by existing Building on Basics intersection funds. In addition, the Downtown Development Authority Board of Directors has approved$500,000 in funding for this project to help the project achieve the improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. 11. Items Relating to the Contract with the Colorado Department of Transportation for the Downtown River District Streetscape Improvement Project, Phase I - Linden Street, Jefferson/SH 14 to the Poudre River. A. Resolution 2009-013 Authorizing the Mayor to Enter into an Agreement with the Colorado Department of Transportation to Enable the City to Receive Enhancement Funding for the Linden Street Streetscape Project. B. First Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue in the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase I. This Resolution authorizes the City to enter into an agreement with the Colorado Department of Transportation (CDOT) to receive the Transportation Enhancement funding for improvements to the Linden Street streetscape project. This funding from CDOT may be used for any or all of the following phases of the project: design: engineering,right-of-way, and construction for the segment of Linden Street from Jefferson Street/SH 14 north to the Poudre River bridge. The City's matching funds are being provided by existing Building on Basics Pedestrian Plan funds. In addition,the Downtown Development Authority Board of Directors has approved $500,000 in funding for this project to help the Project achieve the 4 February 17, 2009 improvements envisioned in the Downtown River District Project approved by the City and DDA in 2008. 12. Items Relating to State of Colorado, Department of Local Affairs, Energy and Mineral Impact Assistance Program, Grant Funds. A. Resolution 2009-021 Authorizing a Grant Agreement with the State of Colorado, Department of Local Affairs, to Receive Grant Funds for the Acquisition and Installation of Energy Efficient Equipment. B. First Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Acquisition and Installation of Energy Efficient Equipment. The proposed Department of Local Affairs (DOLA) project offers a unique opportunity to build off of significant energy initiatives already under way in the region. One of the most ambitious projects currently under development in Colorado is FortZED (Fort Collins Zero Energy District), an initiative that would convert downtown Fort Collins and the main campus of Colorado State University into a district that generates more energy than it uses on an annual basis. The DOLA project consists of the acquisition and installation of energy efficient equipment for the City of Fort Collins, Larimer County, Poudre Regional Library District and Fort Collins Housing Authority. These New Energy Community Partners will enter into an agreement identifying the City of Fort Collins as the contract management/grant administrator for the other partners. This project aligns with the City's efforts towards creating a sustainable environment through regional and local collaboration. 13. Resolution 2009-014 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. 14. Items Relating to Grants for the Fort Collins-Loveland Municipal Airport. A. Resolution 2009-015 Authorizing the Airport Manager to Serve as the Project Director and to Execute a Grant Agreement with the State of Colorado for Funding of Airport Projects at the Fort Collins-Loveland Municipal Airport. B. Resolution 2009-016 Authorizing the City Manager to Execute a Capital Funding Grant Agreement with the Federal Aviation Administration for Improvements at the Fort Collins-Loveland Municipal Airport. 5 February 17, 2009 The FAA Grant is in the amount of$324,621. The FAA anticipates offering the remaining $675,379 later this year which will then reach the Airport's annual$1 million of Entitlement Grant funds. The State Grant is in the amount of $250,000. The State Grant includes an amount of $26,315 which is half of the Cities total match for the $1 million FAA Grant. The local match in the amount of$82,236 is based on the Cities receiving the remaining FAA funds that will total the $1 million of Entitlement funds. 15. Resolution 2009-017 Authorizing the Grant of a Revocable Permit on City Property to Mr. Leslie A. Peterson. The proposed Revocable Permit will allow the Grantee and his contractors to cross a defined area of the City property to access Grantee's landlocked property. The City's Code Enforcement staff has requested the Grantee remove some debris from his property and he needs permission to cross the City's property to be able to complete the tasks requested by Code Enforcement. 16. Resolution 2009-018 Authorizing the Grant of a License to Enter to the Poudre River Public Library District. The City negotiated an agreement to construct the new Southeast Branch Library ("SE Library") with Front Range Retail Company ("FRRC") as part of the Front Range Village Shopping Center. This unit will be conveyed to the City once the SE Library is substantially complete. Prior to the execution of the agreement with FRRC,the City and the Poudre River Public Library District, formerly known as the Fort Collins Regional Library District ("District") entered into an Intergovernmental Agreement("IGA")which specified that the City would convey the SE Library to the District when the SE Library was fully completed and all payments have been made to FRRC. There is an expected gap of 4-6 weeks between the two closing dates. This License is necessary so that the District has time to prepare for its planned opening date of March 28, 2009. 17. Resolution 2009-019 Ratifying the Reappointment of Michelle Kalkowski to the Poudre River Public Library District Board of Trustees. Resolution 2007-026 ratified the initial appointments to the Library Board of Trustees on March 6,2007. Seven Trustees were appointed to the Board with initial terms ranging from 1 to 5 years. The initial term of Trustee Michelle Kalkowski is concluding and she needs to be reappointed to the Board or replaced. The Library Trustee Selection Committee, comprised of Councilmembers Manvel and Poppaw and Commissioners Rennels and Johnson,unanimously recommends the reappointment of Michelle Kalkowski to the Library Board of Trustees for a four-year term. 6 February 17, 2009 18. Resolution 2009-020 Making Appointments to Various Boards and Commissions. A vacancy currently exists on the Senior Advisory Board due to the resignation of Bud Herin. Mayor Doug Hutchinson and Councilmember Lisa Poppaw reviewed the applications on file and are recommending Linda Iverson to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy currently exists on the Telecommunications Board due to the resignation of Jason Rist. Councilmembers David Roy and Wade Troxell reviewed the applications on file. The Council interview team is recommending Sean Rees to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy currently exists on the Water Board due to the resignation of Doug Yadon. Councilmember David Roy and Mayor Pro Tem Kelly Ohlson reviewed the applications on file and are recommending Brian Brown to fill the vacancy with a term to begin immediately and set to expire on December 31, 2011. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 014, 2009, Amending Section 2-119 of the City Code Pertaining to the Functions of the Building Review Board. 8. Second Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project. 22. Second Reading of Ordinance No. 013, 2009, Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund. Ordinances on First Reading were read by title by City Clerk Krajicek. 9. First Reading of Ordinance No.020,2009,Appropriating Unanticipated Grant Revenue and Transferring Prior Year Reserves in the Larimer County Drug Task Force Reserve to the General Fund for the Larimer County Drug Task Force. 10. First Reading of Ordinance No. 021,2009,Appropriating Unanticipated Grant Revenue for Transfer From the Transportation Services Fund to the Capital Projects Fund-Building on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project. 11. First Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue in the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase I. 7 February 17, 2009 12. First Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Acquisition and Installation of Energy Efficient Equipment. Councilmember Troxell made a motion,seconded by Councilmember Roy to adopt and approve all items on the Consent Calendar . Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Troxell stated Item#15 Resolution 2009-017Authorizing the Grant ofa Revocable Permit on City Property to Mr. Leslie A. Peterson provides an opportunity to clean a property that is landlocked and inaccessible. Councilmember Manvel noted Item #17 Resolution 2009-019 Ratifying the Reappointment of Michelle Kalkowski to the Poudre River Public Library District Board of Trustees reappoints Ms. Kalkowski to the Library Board and there is one more position to be filled on the Board. Councilmember Roy stated Item #10 First Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue for Transfer From the Transportation Services Fund to the Capital Projects Fund-Building on Basics-Intersection Improvements, Jefferson Street/State Highway 14 Project and Item #11 First Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue in the Capital Project Fund for the Building on Basics Pedestrian Plan Project, Linden Street Streetscape Project, Phase I have huge implications for continued growth in the Downtown area and will expand the Downtown area. Councilmember Ohlson asked for an update on the new library building. Michelle Kalkowski, Library Board Trustee, stated the new library will open March 28. Impact fees collected by the City provided the funds to build the new library. Staff Reports City Manager Atteberry stated Melissa Emerson, Neighborhood Services, Mike Freeman, Chief Financial Officer and Patty Bigner, Utilities Customer Relations Manager, will be presenters at upcoming national conferences. Councilmember Reports Councilmembers Manvel and Troxell attended the CSU/City liaison meeting and discussed the 3- unrelated ordinance, transit issues, the CSU Community Elections Committee, and the upcoming meeting between Council and ASCSU. 8 February 17, 2009 Ordinance No. 013, 2009, Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund, Adopted on Second Reading The following is staff s memorandum of this item. "EXECUTIVE SUMMARY A grant has been received from the Department of Energy for a project that will address the research, development, and demonstration of a coordinated and integrated system of 3.5 MW of mixed distributed resources in Fort Collins to achieve a 20-30%peak load reduction on multiple distribution feeders. The City has worked with several cooperating government and private entities to create a unique combination ofworld-class research facilities, global industry leaders and local entrepreneurs to develop and plan the project. This Ordinance, adopted on First Reading 5-0 (Troxell withdrew) appropriates $6,323,380 of unanticipated grant revenue from the Department of Energy for the project. " Councilmember Troxell withdrew from the discussion of Item #22, Second Reading of Ordinance No. 013, 2009, Appropriating Unanticipated Federal Department of Energy Grant Revenue in the Light and Power Fund, due to a conflict of interest. Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No.013,2009,on Second Reading. Yeas: Hutchinson,Manvel, Ohlson,Poppaw,and Roy. Nays: none. Withdrawn: Troxell. THE MOTION CARRIED. Resolution 2009-022 Adopting the Update to the Parks and Recreation Policy Plan as an Element of the City's Comprehensive Plan, Adopted The following is staff s memorandum on this item. "EXECUTIVE SUMMARY This Resolution will adopt the 2008 Update to the Parks and Recreation Policy Plan as a guiding document for the work of the Park Planning and Development, Recreation, and Park Maintenance Departments, including the development of future City parks, trails, recreation facilities, and programs. This Update to the 1996 Parks and Recreation Policy Plan will become an element of the City's Comprehensive Plan. BACKGROUND The citizens of Fort Collins have been enjoying their park and recreation system for nearly 100 years. The current Policy Plan was completed in 1996 The proposed Plan Update will guide staff 9 February 17, 2009 over the next ten years in the development and stewardship of the City's parks, trails, and recreation facilities and programs, and enable staff to provide exceptional service to the Fort Collins community. The Update addresses the City's challenge to utilize limited resources to provide parks, trails, and recreation services (the System) to a growing community. With the increasing costs to operate and maintain the System, it is imperative that Fort Collins take into consideration the additional costs associated with building-out and operating planned future parks, trails, and indoor recreation facilities. Long term sustainability is dependent on prioritized decision-making, identification of core services, and maximized use of resources. The Update includes new goals and objectives on enhanced sustainability and green practices for park, trail and recreation facility development, and operation and maintenance. The goal is to design and develop parks, trails, and facilities in a way that minimizes negative impacts or damage to the environment. Environmental concerns are not secondary; the City will protect the environment as it continues to develop parks, trail, and recreation facilities. GreenPlay LLC was hired by the 'City to lead the development of the Plan Update. GreenPlay conducteda thoroughpublic engagementprocess, including meetings with user groups, City boards, a statistically valid mail-in survey, open houses, news releases, and use of the City's web page. In September 2007, staffpresented to Council the findings from the community involvementprocess. The purpose of the work session was to find out if Council had any specific questions or concerns staffshould address. Council asked staff to prepare three options for building-out the park system, with different operation and maintenance needs. In April 2008, staffpresented an update on the planning process with an emphasis on the three park build-out options. At the work session, Council indicated it was in favor of the "Current Build-Out Option. " The discussion on the build-out ofthe parksystem included the option ofcontinuing the development of parks at the present rate of about one per year. The nineteen remaining parks would be constructed over aperiod ofeighteen years. This option includes an increased emphasis on reducing operation and maintenance costs through creative design and irrigated turf area reduction. This "Current Build-Out Option" was supported by City Council and is included in the Update. A "Reduced Build-Out Option"was considered that developed a park every other year and reduced the number offuture parks to fourteen. This option would result in an operation and maintenance cost savings, but reduces parkland in developing sections of the community. This option was not supported by Council, partially due to the unfairness of the resulting reduced level of service for future residents. An "Austere Build-Out Option"was considered that developed a park every other year and reduced the number offuture parks to eleven. The option also included a severe reduction in the quantity 10 February 17, 2009 of park features. This option saved the most operation and maintenance costs, but was not supported by Council due to its severe service level reduction. The City's General Fund is recommended as the continued source for operation and maintenance funds for parks and trails. The use of additional Conservation Trust Funds (Lottery)for operation and maintenance needs was not supported by Council. Instead, Council was interested in including parks and trails operation and maintenance costs in a future discussion regarding unfunded needs. The build-out of the City's very popular trail system is shown on the Master Plan map. New trails are shown to provide service to yet to be developed areas of the community. The Conservation Trust Fund(Lottery) is recommended as the source of funds for future trail development. Future recreation facilities are identified in the Action Item section of the Update. Recreation centers are planned at Fossil Creek, Spring Canyon, and the Northeast,Community Parks. Funding for development of the facilities would be from capital programs. Operation and maintenance costs would be covered by the General Fund and user fees. GreenPlay used the Geo-Referenced Amenities Standards Program (GRASP) to inventory the existing parks, trails and recreation facilities. GRASP allows for the quantity and quality of facilities to be analyzed, resulting in a more complete review of the current level of service. The analysis shows there is a good distribution of parks and trails in the community, they are well maintained, and they contain a good mix of facilities and features. The analysis also confirmed a fairly obvious point, that indoor recreation facilities are lacking in the south part of the city. GRASP will be used to help ensure the quantity and quality offuture facilities remains comparable with the existing service levels. The Plan contains a community profile and demographics section. Staff expects continued steady population growth with a slightly higher than average population of teens and young adults and an increased older population. It is also important to note that the City's Hispanic community will continue to increase in numbers and as a percentage of the population. GreenPlay provided an analysis of community recreation trends. The agingpopulation and a more diverse population provide both opportunities and challenges for programming and participation. The City has the opportunity to provide additional active recreation facilities and programs to improve health and combat obesity. GreenPlay also gathered information on various recreation fee policies that the City will use to develop a recreation fee policy. A large event venue for large community gatherings (festivals for example) and for large group events received enough public support from the survey to indicate a large outdoor event facility should be explored as an action item. The annual demand for this type offacility has convinced staff it would be heavily used. 11 February 17, 2009 A multi-field sports park did not receive significant support during the public process and is not recommended as an action item. The tennis court level of service need requires additional public input and studies to determine user counts, court rehabilitation cost and options, and is therefore, listed as an action item. Based on feedback from the proponents of a velodrome, the Plan now reads as follows on page 79: "The Fort Collins Velodrome Association (FCVA) encourages the City to continue to examine the feasibility of a public/private partnership for a community cycling park in or near the Fort Collins downtown area, including recreational opportunities, competitive courses, and a site for a velodrome. Bicycle racing in general, and track cycling inparticular, could be emerging sports thatpoint tofuture support with appropriate facilities. This park could be a multi-use campus for other sports, such as tennis, volleyball, roller skating and skiing, running, walking, and perhaps ice skating, as well as other non-sport gatherings. This cyclingpark aligns with the City's objective of providing recreational opportunities for residents to promote their health and well being. Locating such a park in or near downtown Fort Collins could be an effective economic strategy, as Fort Collins brands itself with `Bicycling as a Way of Life. The Policy Plan was presented to the Economic Advisory Commission on February 4, 2009. An action item will be included in the Plan to research the economic benefits of special facilities, such as sports complexes or cycling parks. " Marty Heffernan, Executive Director of CPRE, stated the Parks and Recreation Plan has not been updated since 1996. The Plan provides guidance to staff in the development of the Parks and Recreation system and needs to be updated every 10 years to ensure the Parks and Recreation system is meeting the community's needs. Craig Foreman,Park Planning and Development Manager,stated the updated Plan will become part of the City's Comprehensive Plan. There was much public involvement in developing the update. Chris Dropinski,Greenplay,LLC Consultant,stated a Geo-Referenced Amenities Standards Program (GRASP)was used to inventory the existing parks,trails and recreation facilities. GRASP measures the quantity and the quality of the existing facilities. It also factors in whether other providers,such as a school system,are in the area. The GRASP method measures what services are received at each home in a community. . Foreman stated the Parks and Recreation Board has been deeply involved in the development of the Update. Greenplay hosted focus groups to get community feedback on current programs and what the community would like to see in the future. A mail-in survey was also sent to many Fort Collins households to gather more public input. Most of the public input was very positive and showed that 12 s February 17, 2009 the Parks and Recreation system is very important to the community, is meeting people's needs and the community wants the quality of the parks system to continue as the community grows. Heffernan noted the 2008 Community Scorecard included questions about the Parks and Recreation system and the survey gave higher marks to the system than were received in the Parks and Recreation survey. Adult and youth recreation programming are areas that can be improved. Parks and trails are well distributed throughout the city,but there is a lack of indoor facilities in the south side, which makes it difficult to provide programs throughout the city. Foreman stated the Plan includes the option to build out the parks system at the rate of approximately one new park per year. Funding for maintenance and operation(O&M)of the Parks and Recreation system will continue to come from the General Fund. The Conservation Trust Fund will be used for trail build-out and not for O&M. Heffernan stated staff is committed to building new parks at the current level of service and to design the new parks in a way that is less costly to maintain and using best practices to keep costs down. Councilmember Ohlson asked why sustainability practices are not listed as a firm goal in the Plan. Heffernan stated staff is committed to using best environmental practices into the construction of parks, recreation facilities as well as in the maintenance and operation of the facilities. New goals, listed on page 11 and page 78, have been added to the Plan that address the environmental issues. The wording in the Plan can be changed from "should" to "shall"to create a best practices Plan. City Manager Atteberry noted page 11 of the Plan includes a goal that reads "parks, trails and recreation facilities and programs will focus on enhanced sustainability and green practices." That goal has seven objectives containing the word "shall" to emphasize sustainability and green practices. Councilmember Ohlson stated the goals on page 11 appear to be different than the goals stated on page 78. Heffernan stated the goals listed on page 78 should have been changed to agree with the goals on page 11. Staff will make those changes to ensure consistency in the Plan. Councilmember Poppaw asked for the goal concerning Art in Public Places,listed on page 78,to be added to the list of goals on page 11. Heffernan stated the Art in Public Places could be added to page 11. Councilmember Manvel asked why,according to data provided in the Plan,the level of service for the community is only average for Fort Collins when compared to other communities,even though Fort Collins citizens rate the City's parks system highly. Ms. Dropinski stated the GRASP method is new and has only been used in a few communities. The communities used for comparison in the Plan were chosen because they had a few similarities to Fort Collins. The intent is to build a database that will enable comparisons to be made broadly across the United States, but not enough data is available yet for broader comparisons. The City does have a strong parks system when compared to other communities, using more traditional data. 13 February 17, 2009 Councilmember Manvel asked for more information about Appendix E,which addresses the pricing of various services. Ms. Dropinski stated there is a correlation between who is paying for services and who benefits from the services. Many current activities were not traditional to parks and recreation departments in the past and the issue of pricing those services is important. Certain activities benefit the community, in general and the taxpayers, in general, pay for those activities. Having a park in a neighborhood is a community benefit because it has an effect on home values and quality of life in the community. Some activities or services provide more individual benefits and should carry a fee and not be paid by the community at large. Art classes or food services provided at a park provide individual benefits,but should not be subsidized by tax dollars. Heffernan stated the City has a fee policy that places a value on services based on community benefit or individual benefit. The BFO process has required the Parks and Recreation Department to"sell"its service and generate a certain amount of fees to pay for the services,because the BFO offer is based on a certain amount of funding provide by the General Fund and the rest of the funding to come from fees to support the services provided. The fees charged have to support the BFO offer and some programs have had fees raised to the point where participation has decreased because of cost. A balance has been struck between what people are asked to pay for services and the value of those services. Councilmember Manvel asked if a recreation facility would be a money loser. He noted the Farm at Lee Martinez Park takes in more money than is spent at that location while the Senior Center and the Northside Aztlan Community Center take in only a portion of the funds needed to operate. Heffernan stated the community places a high value on providing healthy recreational outlets for young people, older citizens and low income populations. The City has a scholarship program for those who qualify for a reduced or waived fee for a program. Softball programs,ice skating,special recreation events are activities people are willing to pay full cost. The City provides information about reduced or waived fees for programs on its website and is working with Poudre School District to provide the information through the schools. Parks and Recreation has $110,000 designated for scholarship program. Last year,$150,000 was awarded for reduced or waived fees. No one is turned away, but increased marketing of the scholarship program might bring in more applicants than the City can afford. Mayor Hutchinson asked what has been done to ensure recreational centers do not encroach on private recreational facilities in the area that provide sports venues, as the City looks to provide recreation centers for the south part of the city. Heffernan stated the City should be sensitive to private facilities when considering the location of a new recreation center so it does not compete with those private enterprises. The City's focus is generally on the non-competitive activities that are associated with a wide percentage of the citizens to allow them different options to be outdoors, recreate and gather together. Mayor Hutchinson asked if any research has been done into establishing a possible private,for-profit recreation center that would meet the needs of the community. Heffernan stated a recreation center generally does not make a profit. The City has done some programming with local private centers, using their facilities and paying rent. Ms. Droprinski stated one way recreation departments have worked with the private sector is within the medical community by setting up massage centers or sports rehabilitation. The private entity would partner with a recreation facility, help pay for some of the capital costs associated with building the space or would lease the space, once it is built. 14 February 17, 2009 City Manager Atteberry stated the City attempted to establish a partnership with Integrity Center to utilize the Youth Activity Center, but the business model did not work. The City does partner with Odie's Sports,the Edge Sports Center,and Triple Crown Sports,where City programs are promoted. The City is open to any other partnerships that might be proposed. Councilmember Troxell stated the private sector could help provide desired amenities such as a velodrome,soccer complexes, and disc golf which would also enhance the City's economic health. Heffernan stated Parks and Recreation has been interested in partnerships with private entities but must stay focused on its mission,which is to serve the broad recreational needs of the Fort Collins community, to build community, get people moving, active and enjoying one another. Parks and Recreation will take advantage whenever an opportunity is presented that creates a better economic environment for Fort Collins and will meet the mission goal. One example is that the City's ballfields are completely booked for the entire year for the recreational programs and tournaments. Many people will come to Fort Collins to participate in tournaments which will contribute to the City's economy. Councilmember Troxell asked how desired amenities are chosen to be included in the parks system. Heffernan stated impact fees for a neighborhood park and community park are collected on new residential construction. The fees are collected for a number of years and, as the area is built out, Parks and Recreation develops a park for the area. The Parks Planning Department will hold open houses, meet with neighborhood and review the Policy Plan, the current level of service and determine the best park to build in the neighborhood location. A neighborhood park serves one square mile and a community park serves four square miles. The Plan lists the areas where the parks will be placed and the size of the parks. Councilmember Poppaw stated maintaining accessibility to parks and programming is an important component of the Plan. Councilmember Roy asked about the partnerships with Poudre School District and CSU,in using different facilities. Heffernan stated the partnerships with PSD and CSU were developed to share facilities for the greater good of the community. The City uses many PSD gymnasiums for the recreational basketball program. The City pays the cost of having a PSD official present at each facility to ensure the facility is well cared for, but that cost is much lower than a rental cost. PSD also allows the City to use French Field for certain football and track events. CSU allows the City to use the Student Recreation Center gymnasium for the basketball programs. Councilmember Roy noted the City does not use any PSD facilities from May to September and asked if any discussion has been held with PSD to allow use of its facilities during the summer months. Heffernan stated the City primarily uses PSD indoor facilities. At this point, the City is able to manage its outdoor needs within the parks system and has not needed to use any PSD outdoor facilities. Councilmember Roy stated the Plan appears to lack any language addressing provisions for economic-disadvantage or at-risk youth. Heffernan stated the current scholarship program does address this issue. Recreation staff is dedicated to helping as many youth as possible participate in 15 February 17, 2009 the City's programs. It is a balance between programs paying their own way and serving the underprivileged and at-risk population. Councilmember Ohlson asked why the a table listing the priorities for the Parks and Recreation Master Plan did not seem to match the statistically valid survey of city residents. The survey showed that one of the most important concerns for the City to address that would increase citizens utilization of the Parks and Recreation facilities was more open space and trails, but the priorities listed in the table included in the Plan do not emphasize this concern. Ms.Dropinski stated the table referred to addressed priorities listed by focus groups and was not taken from the survey. Focus groups wereheld early in the Plan process to identify the issues in the community. The survey was developed from the issues raised by the focus groups. The Plan was developed using the data from the survey, the current participation in programs, where the system is experiencing pressures from use, and trends in the industry. Councilmember Ohlson asked what surprises were discovered about the City's parks and recreation system. Ms. Dropinski stated interest was high for community gathering places, community awareness of City programs was not as strong as it could be,and that a sports complex did not seem to be high on the list of citizens' desires for the parks system. Staff has made a tremendous effort to resolve the O&M issue and has developed many ways to address the issue. Fort Collins is ahead of other communities regarding the efforts made to fund O&M costs,address sustainability and have a system that can provide a level of service the community wants. Councilmember Ohlson stated the Plan contains many ideas and possibilities that may never be put into place. He asked what the net cost of a major recreational center would be if the City were to build a new recreation center on the south side. Heffernan stated gross operating costs would be about$1 million per year. Parks and Recreation currently recovers about 65%of its costs through fees. A new facility on the south side would have a large pool,rooms that could be rented and other facilities that would produce revenue to help in paying the costs of operating the facility. Councilmember Troxell asked what steps need to be taken to bring a value-based program, such as a YMCA,to the city,which would help address the issue of providing for disadvantaged youth. City Manager Atteberry stated he will be meeting with a group working to bring a YMCA to the community. Heffernan stated the Parks and Recreation staff does an excellent job of delivering high- quality service to the community. The staff is open to discussion of any alternatives that might be brought to the city. City Manager Atteberry noted the City is actively working with PSD to help in providing an after- school program at the Northside Aztlan Community Center. Transportation and funding are large issues yet to be resolved before this program can be offered. Heffernan stated the after-school program currently offered by PSD may be reduced or eliminated and the City is working with PSD to provide after-school tutoring and recreational opportunities to the youths in the PSD program. Councilmember Manvel asked if the sample Sponsorship Policy and Partnership Policy provided in the appendices were developed specifically for Fort Collins. Ms. Dropinski stated the sample Policies were templates and were not specific to any community,but were provided as a guide to be 16 February 17, 2009 used and adapted to a specific community. The templates ask a series of questions and those answers will reflect the values of the community. Heffernan stated the templates were included as supporting documents but it was not essential to include the templates in the Plan. Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2009-022. Councilmember Manvel asked if the revisions requested earlier in the discussion would be included in the Plan. City Attorney Roy clarified that the revisions to the Plan will be changing the language in Chapter 8, page 78, Goal 2, under the 3rd objective listed, from"should"to "shall or will" and to move the second bullet, which addresses public art, from page 78 to page 11. Councilmembers Roy and Poppaw stated the revisions were acceptable. Councilmember Ohlson thanked the Parks and Recreation Board and staff for the development of the Plan. Councilmember Roy noted public participation helped shape the Plan to meet the needs of the community. He asked how much it cost to use the consultant to help develop the Plan. Councilmember Troxell stated the community greatly values its parks and supports a strong parks and trails system. Mayor Hutchinson stated the Plan provides direction for the future and implementation will depend on funding available. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Riverwalk Pre-Application Hearing with City Council The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The applicants, Stoner and Company and Turnkey LLC, will present a conceptual plan showing its intent to develop a mix of land uses on the 293 acres located generally at the southwest quadrant oft--25 and Harmony Road. The proposed uses include retail, office, employment, education, hotel, health and wellness and a large central water feature. Development is intended to be compact and 17 February 17, 2009 urban in character in order to provide a sufficient number of residents and employees to support transit. The site is located within the City of Fort Collins Growth Management Area and within the boundary of the Harmony Corridor Plan. Only 25 acres are currently located within the Fort Collins city limits at this time. BACKGROUND The properties that make up the Riverwalk are located within the Fort Collins Growth Management Area but only 25 acres (west of Strauss Cabin Road) are currently located within the Fort Collins city limits at this time and are zoned H-C, Harmony Corridor. The Structure Plan Map designates the remaining 268 acres as follows: • Employement • Poudre River • Rural Lands The surrounding zoning and land uses are: N: City—Public Open Lands Arapahoe Bend Natural Area N: County—Commercial Transit Center and Commercial S: County—Farming Vacant S: County—Commercial Recreation and Event Center E: County—Farming Active gravel extraction W.• City—Harmony Corridor Morningside Townhomes W.• City— Urban Estate Sunrise Ridge and Old Oak Estates W: County—Farming Existing large-lot residential EXISTING LAND USES Most of the site is undergoing reclamation as a former gravel extraction operation. The site presently contains areas designated by FEMA as both the 100 year floodplain and floodway. Consequently, approximately 3.5 million cubic yards are required in order to satisfy the requirements of FEMA to allow land development. PROPOSED USES The proposed land use concept is to create a Transit-Oriented Development with a diverse mix of land uses in a cohesive urban cluster organized around central body of water. Mid-rise residential buildings and multiple parking structures are envisioned to minimize surface parking and promote a pedestrian friendly environment. In addition to the aforementioned land uses, there would be opportunities for both active and passive recreation. For example, an outdoor amphitheater is also indicated. There would be connections to the City's future trail system and to both Arapaho Bend and Eagle View Natural Areas. Multi-modal travel would be encouraged with potential connections to future Transfort and, possibly, future bus rapid transit or light rail associated with CDOT upgrades along the I-25 corridor. 18 February 17, 2009 CITY PROCESS/DECISION POINTS: The City's development review process is outlined and defined on the Development Review At-A- Glance flow chart available both at the Development Review Center and online. After the Pre- application hearing, the process would be as follows: 1. Harmony Corridor Plan and Structure Plan Amendments. 2. Annexation and zoning of approximately 268 acres and rezoning of approximately 25 acres. 3. Overall Development Plan for the entire parcel. 4. Project Development Plan for Phase One. 5. Final Compliance Plan for Phase One. 6. Building Permit Application for Phase One." Mayor Hutchinson noted a pre-application hearing is held to allow Council to review major projects, especially those that involve annexation, amendment of any element of the City's Comprehensive Plan or proposed financial partnership with the City. The purpose of the hearing is to give the property owners a chance to explain their vision of the project and to give Councilmembers an opportunity to ask questions and highlight any issues or concerns Council might have with the project. No decisions are made at a pre-application hearing. Council will make relevant decisions when and if an application is submitted and each decision will be made on appropriate criteria from the City Code and Land Use Code. The hearing is to provide an overview of the project and is not intended to delve into details. Anyone wishing to comment on the project will be given opportunity to do so and will also have additional opportunities to comment either before the Planning and Zoning Board, Council or both, if the developer submits an application. If the project is submitted, there may be steps along the way where Council will need to make quasi-judicial decisions and Councilmembers must remain impartial to make those decisions. No ex parte contacts will be allowed. After this hearing, it will be the property owners' decision whether or not to pursue the submission of an application. Ted Shepard,Chief Planner,stated the site contains 293 acres,with 25 acres currently inside the City and zoned Harmony Corridor. Three Councilmembers have toured the site. Russ Hackstaff, CEO of Turnkey LLC, stated a rail line exists close to the property, which is important to the plan to provide the transit focus of this project, The railway provides the potential for commuter rail at some point in the future. Addition of light rail or bus rapid transit along 1-25 has been discussed and the possibility exists to create a network of commuter rail, light rail, high speed rail and other transit, that, over time,will help the area reduce its carbon footprint,cut traffic and get people out of their cars. Transit-oriented development and transit nodes will be essential to develop this network. Northern Colorado will be instrumental in developing new transit. Riverwalk will be a transit-oriented development and transit node. Bruce Hendee,landscape architect,BHA Design,stated an integrated systems approach will be taken with the entire project. Sustainability is a key component. The project is unique, follows national and international development trends and is based on transit-oriented design. It is designed to encourage transit use for mobility. Mass transit is a fundamental tenet of City Plan and the Climate 19 February 17, 2009 Action Plan. The Mason Corridor and the Transportation Master Plan contain the beginnings of transit-oriented development(TOD)and there is a transit-oriented development ordinance is in the Land Use Code. The Riverwalk Project is a unique project that will demonstrate an organic, evolving, sustainable design which is continuously updated, based on the latest information on sustainable and social systems. The development hopes to incorporate technologies, such as those provided by AVA Solar, in a context that can be used as a demonstration for individuals and companies from around the world. Harmony Road is an enhanced corridor in the City's Transportation Master Plan and eventually connects with the Mason Corridor. The idea is to develop Harmony with a similar Corridor concept as the Mason Corridor. I-25 is proposed as an enhanced travel corridor, based on Option B of the proposed North I-25 EIS and would include dedicated bus rapid transit(BRT)lanes. The project site would be an important link in these corridors. The project is named "Riverwalk" because of its relationship to water but the intent is not bring a formalized river walk. The name of the project could change. The site sits at the intersection of I-25 and Harmony Road, with a transit center to the north. It is located at the convergence of two natural areas,the Poudre River Basin and the Fossil Creek Basin. The development is designed to bring together the two elements of transit and natural areas in a manner that is compatible to each. Each component brings a sustainable element as high density development is as important to sustainability concepts as natural areas. Riverwalk is designed to be a highly integrated community,bringing together uses such as primary employment,research,public uses, schools, health and wellness, retail, lodging and a variety of mixed housing levels. The site would be defined by highly walkable places designed to enhance a culture where walking becomes the norm rather than the exception. Parking lots would be dramatically reduced through parking structures. Buildings could be 10-12 stories tall. The project would employ community-supported agriculture and employ concepts of the slow-food movement. The central transit hub would serve as an organizing element and be a major point of dispatch for pedestrians. Exceptional architecture in urban design is essential to creating a successful,walkable community. There would be no traffic signals within the site. The control points within the site would incorporate modern roundabouts. The goal is to create a net-zero energy project, incorporating multiple renewable strategies and investigating cross-renewable energy techniques such as wind, solar, ground-source heating and biological energy forms, such as algae. If appropriate, the developers would like to be part of the Smart Grid system. The project would have local and national businesses, with an emphasis on building the local economy. One element under consideration to be added to the design is a significant open park space that would serve as a gathering place for festivals, summer concerts or other types of gatherings. Water will serve as a major feature and organizing element of the project. The central portion of the project will serve as the floodplain and floodway. A side channel of the Poudre River flows north-south through the property during a major flood event. It is not the major floodway of the Poudre River,but carries lower velocities south, which currently overtop Harmony Road and I- 20 February 17, 2009 25. As part of the project, Harmony Road will be improved to eliminate the overtopping while creating a handsome gateway into the city. The improvements will include a pedestrian underpass to be created under Harmony Road which will provide a vital link between the Cache la Poudre Trail and the Fossil Creek Trail. The addition of pedestrian bridges and extensive pedestrian walkways within the project will link the site together in a manner that will make a complete pedestrian community. The detailing and development of the natural areas will include water edges and storm drain systems that incorporate the latest technologies and the best management practices in developing an integrated system of drainage, natural area and wildlife habitat. The edges of the project will be designed to be compatible with wildlife and to stay back from the edges of the water. The goal is to have as much native vegetation as possible. The"downtown"area of the project would be designed as pedestrian friendly with sidewalk cafes. The area would not compete with Fort Collins Downtown area as the site location is on the southeast edge of town. A marketplace would be located in the project where people could buy locally produced goods. Jay Stoner, developer, stated the guiding principles in developing the site include environmental integrity, social enrichment and economic vitality. Transit development is necessary to get people out of their cars. Green design and construction will be important components. The goal is to make the project be net zero in its carbon footprint. A sustainable water system is proposed that will keep ground water moving. High density building will prevent urban sprawl. The proposed urban housing mix will go from affordable lofts to luxurious penthouses. Affordable housing will be included in the project and is a cornerstone of TOD development. The architectural guidelines will require green building and use of renewable energy. The development will be a place where one can live, work and play. Businesses currently located in the downtown area could expand into the development and grow. National companies are also interested in moving into the development. Revenues will be generated by the project which will help the economic health of the area. The goal is to develop a regional asset that will enhance the area. Kelly Smith,5102 Daylight Court,stated the development offers a great opportunity to create an area that will benefit Fort Collins. Glenn Colton, 625 Hinsdale Drive, stated the proposed project is divergent from City Plan policies and principles and is not in the best interest of the community. Chelsey Clark, Broe Group and Great Western Railway representative, stated the Railway and the Broe Group support the project and believe it is a creative and innovative project that will bring transit oriented development to northern Colorado. Eric Sutherland,631 LaPorte,stated the creation of a zero energy or carbon neutral"island"will not benefit the entire community and will not provide climate solutions. Utility scale renewable energy projects,like utility scale wind projects,serve the entire community. The proposed development will not benefit the community. 21 February 17, 2009 Andrea Agnew, 1171 East Mulberry, supported the project as one that will benefit the community. Tim Johnson, 1337 Stonehenge Drive, stated the site is inappropriate for this type of development because it is located between an industrial transportation corridor, a 100-year floodplain and 100- year floodway. Karen McManus,416 Grant, stated she was a proponent of keeping agricultural land in production and finding new lands to produce food. She supported the project as it incorporates the concept of locally produced goods. Scott Hart, 2815 East Harmony Road, Pillar Capital Group, stated the project will grant an opportunity to place Fort Collins at the epicenter of a new global financial economy and will greatly benefit the community. The development will bring new businesses to town with jobs and dollars that will have a long-term impact on the local economy. Tom Griggs, 520 North Sherwood, stated the project will contain tall buildings that will harm the viewsheds and the site is not the right location for such a development. Maury Dobbie, Northern Colorado Economic Development Corporation, stated the project is innovative and could bring employers to the development who will provide primary jobs. The project, if done properly, could become a regional asset. Mayor Hutchinson noted Council will not make any decision at this hearing but will only gather information and share any concerns or issues it has with the project. Mr.Hendee stated net metering is applied on an individualized basis and is one example of the trend of decentralized energy development that is growing rapidly in this country. Achieving net zero on the project site is a worthy goal that will be difficult to reach. The issue of the floodplain that runs through the site is being addressed by the engineering company, TST. The project will help solve the floodplain problem where the floodplain crosses over Harmony Road. The proposed channel on the site allows for the floodplain and removes a water augmentation issue that is currently at the site. The plan calls for removal of open water currently on the site through a gravel mining permit and would restore it to ground water condition. Mr. Stoner stated the site is not actually located on the Poudre River but is a secondary overflow in the event of a 100-year flood that backs up on the highway. The site is a good location for a tranist oriented development such as this project as it will be located at the intersection of two major transportation corridors, I-25 and Harmony Road. Mr.Hackstaff stated the buildings will be 10-12 stories as a maximum height and would be clustered together in a way that would provide variety in the view. Councilmember Manvel asked what outlets for water would-be built at the south end of the property, in the event of a 100-year flood. Mr.Hackstaff stated there are two issues with the floodway through the site. One area is located at Harmony Road, where floodwater would overtop Harmony. The 22 February 17, 2009 other floodway is at I-25,in the area of the old Kechter overpass. Resolution of these issues is in the early design stage. One idea is to raise Harmony Road and have the floodway below the road. the site would be raised,as well. At the outlet side of the property,the floodway would go to the current floodway,but the Kechter bridge and interchange would be improved to handle the water. Culverts will probably be installed under Kecther Road and under I-25. Councilmember Manvel asked if there was much variation in the water level on the site through the year. Mr. Hendee stated the water level is fairly constant under normal conditions. In the event of a 100-year flood, the water level could rise up to 5 feet, so the design would include a channel that would contain the floodwater. Mayor Hutchinson asked if the floodplain would be mitigated before the development was put into place. Mr. Hendee stated by Code, the development would not be allowed to be placed in a floodplain. The plan is to fill the augmentation area that was originally the gravel mine pit and no part of the site would be in a floodplain after the mitigation. Councilmember Roy asked if the idea of rail through the core-to-core or bus rapid transit on the highway were better. Mr. Hackstaff stated 1-25 is a backbone for the region and will be the center of any future transit. There is a potential that Great Western Railway will allow use of its rail as commuter rail for the side communities. The future holds great changes in the area of transit and transit systems will see additional advancement. I-25 is the area that seems most likely to have transit systems develop. Mr. Hendee stated in the long term, it is more logical to have transit along the I-25 corridor from Denver to northern Colorado instead of using the Mason Corridor, which would require areas east of I-25 to have a different transit system. Councilmember Roy noted the Mason Corridor is under development. Mr. Hackstaff stated the rail system has many interlinks and could serve I-25, the Airport, the Downtown area and link to the Mason Street Corridor. Councilmember Roy asked if buildings designed to a"human"scale were more livable and attractive than larger architectural features. Mr. Hendee stated when tall buildings are broken down at the street level,they become livable. Every big city around the world has tall buildings. Breaking down the scale of the building at the pedestrian level means projecting signs from the storefront,awnings, and creating patios and cafes that extend beyond the storeface. The height of the building does not really affect the ability to create a livable urban space, except when large parking lots are included around a tall building. When the design compresses and compacts the buildings to create a continuous experience,people will walk much farther because they do not run into the interruptions of parking lots. Structured parking is needed along with taller buildings. Mr. Stoner stated the attractiveness of this project would be its density which allows all aspects of daily activities to be located close and easily accessible. One design idea is vertically mixed types of development where one building has a complete community such as retail,offices,and housing. The structure may wrap around the parking structure. The density and diversity will make the development attractive. Councilmember Roy asked for the amount of total assets for the development, how many jobs are projected for the site and how many people could live on the site. Mr. Stoner stated the site contains 23 February 17, 2009 about 4.5 million square feet for a variety of uses which could be worth $1 billion in assets. The preliminary projection is for 20% of the total square footage to be developed for housing. It is not known at this time how many jobs would be located on the site. Councilmember Poppaw asked for a list of the 10 owners and for identification of whether staff or the applicant provided the various attachments to Council. City Manager Atteberry stated the list will be provided to Council. Councilmember Poppaw asked what public financing tools were being considered. Mr.Stoner stated the Riverwalk development is not dependent upon public financing but conversations with the City will need to be held concerning public improvements that are proposed along with the development, such as fixing the storm drainage problem on Harmony Road. Councilmember Troxell stated the net zero energy component of the Plan would help Fort Collins reach its goals set in the Climate Action Plan. Mr. Stoner stated net zero energy is a reality in parts of Europe and they are consulting with consulting with companies in Poland and Germany to gain their expertise. Mr. Hendee stated the energy design of the project will allow for cross-over strategies to be developed. Councilmember Troxell stated the integrated systems approach of this project will benefit Fort Collins. Councilmember Ohlson asked if noise from 1-25 will be an issue for those who would live on the site. Mr.Hendee acknowledged that noise is an issue that is and they are working towards a solution that might include earthwork along I-25,placement of buildings to provide some sound attenuation, placement of residential units so they do not face 1-25, sound mitigation within the buildings, and other strategies to be determined. Councilmember Ohlson asked if the development would be asking public/private partnerships and revenue sharing. Mr. Stoner stated they would like to talk with the City about public/private financing tools at a later date. Public financing could be a tool to provide public improvements and benefits for the entire community. There is a need for a metro district and a public improvement fee to assist with funding the parking structures and transit. Councilmember Ohlson stated this project did not seem to be an urban renewal project. City Manager Atteberry stated staff has expressed concerns about use of a URA to fund this project. Councilmember Ohlson stated the site is currently zoned Poudre River Rural Lands with some employment zoning . Rezoning will be needed for the project to move forward, which will be a major change from the current Plan. Mr. Hendee stated the issues that have been raised about the project can be overcome. The project can be a great development and will reinforce many great efforts in the area of sustainability and energy that are underway in Fort Collins today. He asked if any of the issues raised seemed insurmountable to Council. 24 February 17, 2009 Councilmember Ohlson stated viewsheds are very important and he asked if any ofthe buildings will block western views. Shepard stated the issue of building heights was raised during the site tour. The valley wall is a natural area and is protected under City Code and development of the valley floor must be in relation to the valley wall protection. Another project is proposed at the top of the bluff. Both projects must take into account the fact that the valley wall is a natural feature. Mr. Hendee stated viewsheds will be carefully considered as the design of the development continues. Councilmember Ohlson asked if the design of various buildings will be different at street level to provide variety. Mr. Hendee stated the design of the buildings is not yet determined, but consideration can be given to providing variation on the storefronts. Councilmember Ohlson asked what must be done to remove the site from a 100-year floodway. Don Taranto,TST Engineering,stated the project must go through the FEMA process to remove the site. The property would be removed from the 100-year floodplain and between Harmony Road and Kechter,a floodway will be created that will channel floodwater through the area and will not disturb any property upstream or downstream, as it relates to the flood. This process will fix the problem of flood water overtopping Harmony Road. The water would be channeled underneath the road. The floodway will be reconfigured through the property in a manner that handles a flood better than occurs on the site today. Councilmember Troxell stated the project will go through several reviews in the City's process. Council has received a large number of formal letters regarding the project and he asked if they could be made part of the formal record. City Attorney Roy stated the letters are part of the record. Communications, such as letters, that are made part of the record at the hearing, are acceptable because everyone affected by the communication has access. Ex parte contacts are not allowed. Mayor Hutchinson stated since City Plan was adopted 10 years ago, changes have occurred that should be considered and some adjustments to the Plan may required. Economic changes lead to changes in energy use and transportation options. Council needs to be open to considering change in City Plan that will accommodate these changes. The Timnath side of I-25 will change and a feathered edge between the two cities, as envisioned in City Plan, may not be possible. Adjournment The meeting adjourned at 10:55 p.m. Mayor ATTEST: City Clerk 25 March 3, 2009 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, March 3, 2009, 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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. (Councilmember Brown excused from Council meetings from October 28, 2008 through April 7, 2009, authorized by Resolution 2008-104.) Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Lauren Walquist, 301 East Magnolia, stated she is a Fort Collins Symphony intern and requested Council provide funding for the Symphony. Dan Murphy,2024 Huntington Circle,Fort Collins Symphony member,requested support from the City for the Symphony as the Symphony provides many economic benefits to the community. Wes Kinney, 1033 Pinnacle Place, Fort Collins Symphony Music Director, stated the Symphony provides many benefits to the community and deserves funding support from the City. Terese Kaptor, 1008 Sailors Reef,Fort Collins Symphony Executive Director,thanked Council for providing sponsorship for the upcoming Symphony fundraiser. The Symphony is a professional orchestra with paid musicians. Fort Collins receives many economic benefits from those that are members of the symphony and those who attend performances. Cheryl Distaso, 135 Sunset, stated the changes in Transfort schedules are scheduled to take effect on March 9, which is an inappropriate date to make such a change. The changes should take effect later in May, after CSU has completed its spring semester. She wanted changes made to Citizen Participation time during Council meetings so that citizens could respond to Council comments made at the end of Citizen Participation time. Mike Devereaux, 2150 Maid Marian Court, stated his concerns about certain bus stops that are not handicap-accessible. Power wheelchairs should be allowed in bike lanes. Pete Seal, Fort Collins resident, stated the 3-unrelated ordinance has greatly improved the quality of life in his neighborhood and he did not want Council to repeal the ordinance. 26 March 3, 2009 Katy Freudenthall, Director of Community Affairs, ASCSU, thanked Council and staff for asking students to participate on a task force reviewing the 3-unrelated ordinance. Neighborhood relations between students and home owners have improved due to education and outreach from the City and CSU and not because of the 3-unrelated ordinance. She requested that the changes to Transfort routes be delayed until the end of the spring semester. Citizen Participation Follow-up Councilmember Ohlson asked why the Transfort route changes were occurring mid-semester and if those changes could be delayed. City Manager Atteberry stated route changes historically have been made twice a year, during CSU breaks. These route changes were delayed from January to March to allow more public comment on the proposed changes. Councilmember Manvel asked how many Transfort bus stops were not handicap accessible and the proposed steps to make all stops handicap accessible. Councilmember Troxell stated the 3-unrelated ordinance makes it hard for students to find affordable housing and should be repealed. Councilmember Roy asked that the consideration of the Poudre School District population be given in any decision to implement Transfort route changes. Councilmember Poppaw thanked Laurel elementary students for attending the Council meeting. Agenda Review The City Manager stated there were no changes to the Agenda. CONSENT CALENDAR 6. Second Reading of Ordinance No. 020, 2009, Appropriatine Unanticipated Grant Revenue and Transferring Prior Year Reserves in the Larimer County Drug Task Force Reserve to the General Fund for the Larimer County Drug Task Force. The City has received two grant awards for the operation of the Larimer County Drug Task Force.The first is from the Office of National Drug Control Policy in the amount of$45,150. The second is the Edward Byrne Memorial Justice Assistance Grant FY 2008 in the amount of$21,536. These grants will be used for Task Force operating expenses. This Ordinance, unanimously adopted on First Reading on February 17, 2009, appropriates these funds. 7. Second Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue for Transfer From the Transportation Services Fund to the Capital Projects Fund -Building on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project. The City has entered into an agreement with the Colorado Department of Transportation (CDOT)to receive the CMAQ funding for an Alternatives Analysis study and recommended 27 March 3, 2009 improvements to Jefferson Street/SH 14,from North College Avenue to Mountain Avenue. This Ordinance, unanimously adopted on First Reading on February 17, 2009 appropriates the funding from CDOT to be used for any or all of the following phases of the project: Alternatives Analysis study, preliminary/final design, engineering, right-of-way, and construction. The City's matching funds are being provided by existing Building on Basics intersection funds. 8. Second Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue in the Capital Project Fund for the Building on Basics Pedestrian Plan Project,Linden Street Streetscape Project, Phase I. The City has entered into an agreement with the Colorado Department of Transportation (CDOT)to receive the Transportation Enhancement funding for improvements to the Linden Street streetscape project. This Ordinance, unanimously adopted on First Reading on February 17, 2009, appropriates this funding from CDOT to be used for any or all of the following phases of the project: design: engineering, right-of-way,and construction for the segment of Linden Street from Jefferson Street/SH 14 north to the Poudre River bridge. The City's matching funds are being provided by existing Building on Basics Pedestrian Plan funds. 9. Second Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Acquisition and Installation of Energy Efficient Equipment. The City will receive a $778,000 grant from the Energy and Mineral Impact Assistance program funds through the Colorado Department of Local Affairs to facilitate a number of energy efficiency, retro-commissioning, renewable energy projects. The Bohemian Foundation has committed $430,000 in community support of this grant. Additional individual partner contributions total approximately $1,292,678. This Ordinance, unanimously adopted on First Reading on February 17, 2009, appropriates a total of $1,208,000 in the Light and Power Fund. 10. First Reading of Ordinance No. 024, 2009, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Residential Solar Rebate Program and Authorizing the Transfer of Matching_Funds Previously Appropriated in the Light and Power Operating Budget. The Ordinance appropriates funds received from additional grant funding received from the State of Colorado's Governor's Energy Office totaling$25,000. Combined with the Utilities matching funds, $50,000 will be used for the Residential Solar Rebate Program (Photovoltaic). 28 March 3, 2009 11. Resolution 2009-023 Finding_Substantial Compliance and Initiating Annexation Proceedings for the Mountain View School Second Annexation. The applicant,Vignette Studios,on behalf of the property owner,Poudre School District,has submitted a written petition requesting annexation of 1.46 acres located on the north side of LaPorte Avenue, midway between North Taft Hill Road (to the east) and North Overland Trail (to the west). The property is partially developed as a Poudre School District parking lot and is in the FA, Farming District in Larimer County. The requested zoning for this annexation is LMN, Low Density Mixed-Use Neighborhood. The surrounding properties are currently zoned RL, Low Density Residential in the City to the south and LMN, Low Density Mixed-Use Neighborhood in the City to the west, east, and north. Existing Poudre School District facilities are to the west and south; and, property to the east and north are undeveloped;however,the Sanctuary West residential development proposal is under review by the City. 12. Routine Easements. A. Easement for construction and maintenance of subsurface public utilities from Scotch Pines Village, LLLP, to install concrete vault and subsurface to upgrade existing underground electric system, located at Drake Road and Lemay Avenue. Monetary consideration: $684. B. Easement for construction and maintenance of public utilities from Scotch Pines Village, LLLP, to install electric padmount switch to upgrade existing underground electric system,located at Drake Road and Lemay Avenue. Monetary consideration: $996. ***END CONSENT' Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 020, 2009, Appropriating Unanticipated Grant Revenue and Transferring Prior Year Reserves in the Larimer County Drug Task Force Reserve to the General Fund for the Larimer County Drug Task Force. 7. Second Reading of Ordinance No. 021, 2009, Appropriating Unanticipated Grant Revenue for Transfer From the Transportation Services Fund to the Capital Projects Fund-Building on Basics - Intersection Improvements, Jefferson Street/State Highway 14 Project. 8. Second Reading of Ordinance No. 022, 2009, Appropriating Unanticipated Grant Revenue in the Capital Project Fund for the Building on Basics Pedestrian Plan Project,Linden Street Streetscape Project, Phase 1. 29 March 3, 2009 9. Second Reading of Ordinance No. 023, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Acquisition and Installation of Energy Efficient Equipment. Ordinances on First Reading were read by title by City Clerk Krajicek. 10. First Reading of Ordinance No. 024, 2009, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Residential Solar Rebate Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget. 16. First Reading of Ordinance No. 025, 2009, Amending Chapters 17 and 24 of the City Code for the Purpose of Permitting and Regulating the Placement of Portable Signs on Sidewalks in Certain Areas of the City 17. Items Relating to an Amended and Restated Organic Contract and Contract for the Supply of Electric Power and Energy. A. First Reading of Ordinance No. 026, 2009, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. B. First Reading of Ordinance No. 027, 2009, Authorizing an Amended and Restated Contract With Platte River Power Authority For the Supply of Electric Power and Energy. 18. Items relating to adoption of the South College Corridor Plan. C. Hearing and First Reading of Ordinance No. 028, 2009, Amending the Land Use Code for the Purpose of Implementing the South College Corridor Plan. D. Hearing and First Reading of Ordinance No. 029, 2009,Amending the Zoning Map by Changing the Zoning Classification for that Certain Property Known as the South College Corridor Plan Rezonings. F. Hearing and First Reading of Ordinance No. 030, 2009, Amending the Zoning Map and the North College Corridor Plan to Comport with the Changes Which Have Been Made to the City's Comprehensive Plan and Land Use Code as a Result of the Adoption of the South College Corridor Plan. Councilmember Manvel made a motion,seconded by Councilmember Poppaw to adopt and approve all items on the Consent Calendar. Yeas: Hutchinson,Manvel, Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. 30 March 3, 2009 Staff Reports City Manager Atteberry noted Ryan Burke, Graphics Specialist, has recently been recognized by Character Fort Collins for the character quality of creativity. Brian Janonis, Utilities Executive Director, stated Fort Collins Utilities is the first municipal utility registered as a member of the International Global Reporting Initiative (GRI), an organization that developed the leading reporting framework to benchmark organization performance and commitment to sustainable practices. The Utility used GRI as a step to implement the 21 st Century Initiative. Ordinance No. 025,2009, Amending Chapters 17 and 24 of the City Code for the Purpose of Permitting and Regulating the Placement of Portable Signs on Sidewalks in Certain Areas of the City, Adopted on First Reading The following is staff s memorandum on this item. "FINANCIAL IMPACT The allowance ofportable signs in the right ofway will require minimal time for the administration of a permit process that may generate enough revenue to pay for the current staff time required to issue and administer the permits. Compliance and enforcement of the proposed Code language will be handled with simultaneous inspections ofother permitted downtown amenities including outdoor seating areas and news racks. Estimated revenue from the permiltingprocess is$1000.00 annually. EXECUTIVE SUMMARY The City of Fort Collins Municipal Code currently prohibits the placement of portable signs in the public right-of-way(ROW). Portable signs,generally known as "sandwich board, " "a frame"signs or pedestal signs are a common type of advertising device in many downtown areas and other areas that are predominantly pedestrian oriented. There has been interest expressed by some in the downtown business community in legalizing the use of such signs in the downtown area. The purpose would be to display menus and other information for businesses in a way that would enhance the pedestrian experience in business areas. City staff has reviewed the request with extensive input from the downtown businesses and has surveyed other communities to determine how they handle the sign issue. Furthermore, staff has worked with the Colorado Department of Transportation (CDOT) to alleviate concerns with the state highway issues. From this research City staff believes that it would be workable to allow the use of pedestrian oriented portable signs in the right-of-way of certain designated locations to be regulated through a permitting process. 31 March 3, 2009 BACKGROUND THE ISSUE Currently, portable signs are prohibited by City Code. Council has been provided a proposed ordinance that would allow controlled placement of portable signs in the rights of way. Business owners in pedestrian oriented areas indicate that portable signs are an important tool to maintain a healthy business environment. The goal is to find a solution that fosters a healthy business climate, maintains a safe environment for pedestrians and prevents visual clutter. OUTREACHAND RESEARCH This matter was discussed with City Council at the January 13, 2009 work session. Council suggested that all pedestrian business oriented areas be reviewed and considered for portable sign placement. Locations throughout Fort Collins have been evaluated for compatibility with this proposed ordinance change. In staying consistent with the philosophy of allowing placement of portable signs in the right of way, the boundary for portable signs is based on business locations that have on streetparking and ample sidewalk or right of way width to allow placement. The focus of the sign is to be displayed towards a sidewalk user's viewpoint and not a vehicular viewpoint. A boundary map is attached for review of those findings. (Attachment 3) The matter was presented to the Downtown Business Association Board (DBA) on February 11, 2009. The DBA acknowledged Council's comments and is committed to the idea that portable signs should possess aesthetic characteristics of downtown Fort Collins. The DBA also remains supportive of this approach and is devoted to educating and proactively assisting business owners and City staff in the placement of signs in front of their respective businesses. On February 12, 2009, City staff met with the Commission on Disability to share the idea of permitting portable signs in the right of way. The board and executive staff members were very pleased and supported the minimum clearance requirements and safety components of the proposed code language presented to them. City staff has thoroughly researched and assisted the City Attorney's office in the development of Code language that both provides safe parameters for the placement ofportable signs in the right of way and maintains aesthetic conditions of the signs. Furthermore, control over stability and dimensional standards have been carefully considered and researched to provide that safety and mobility are not compromised. Staff has followed the recommendation from the January 13, 2009 Work Session and has incorporated a "review clause" that requires the City Manager to report to City Council on the status of the portable sign ordinance prior to the two year anniversary of the effective date of this proposal. At that time Council could opt to continue the practice of allowing portable signs in the right of way, modify the ordinance or disallow the placement-of portable signs. 32 March 3, 2009 ENFORCEMENT City staff is prepared to administer and manage portable signs in the right of way. Permitting will be similar to what is required of printed media publishers requesting placement of their materials in the public rights of way. Existing electronic databases will be utilized to manage and track all sign placement. A permit will be required, and each sign owner will be required to provide insurance with their application, along with a$10 application fee. Permits will be approved for one year from the time of approval. Placement of portable signs will periodically be inspected once approved. With the exception ofpedestrian oriented areas, staffhas enforced sign placement in the right ofway on both a proactive and reactive basis. If staff observes a sign, staff will typically address it at the time it is observed. Additionally, staff frequently responds to citizen inquiry and, on average, follows up in 24 to 48 hours. PROPOSED CODE REVISIONS Staff has determined that signs could be placed in the downtown right of way and still maintain ample clearance for pedestrian travel and other sidewalk amenities. In addition, the proposed regulations would manage clutter by controlling the placement of portable signs. A summary of requirements that are proposed for portable signs are as follows: a. An annual revocable permit will be required. Permits will be issued only to the owner or proprietor of the business adjacent to the location where the portable sign will be displayed. b. The applicant must include a dimensioned drawing that will define where the sign will be placed within the limits of the proposed ordinance. Applicants must provide the minimum insurance requirements. Cost of permits will be $10.00 per year. C. No more than one portable sign will be allowed per store front. Signs will not be allowed to have more than two displaying sides. An exception to this is that any businesses that possess an outdoor seating area may split their sign and attach half of their sign to each end of the patio. Businesses that have permitted patio encroachments must securely place their signs on or within the limits of the encroachment. d. Clearance on the sidewalk must provide no less than seven feet of clear passable space for basic user travel. e. Signs may be no more than 30 inches wide, 30 inches deep, and 60 inches high from ground to top. Displaying sides shall not exceed six square feet per side. f. Signs shall be displayed only during hours when the business is open and placed only in locations where the displayed message is directed to pedestrian traffic along a sidewalk. 33 March 3, 2009 g. Signs must be placed either within 32 inches of the buildingface or placed near the curb, but no closer than two feet from the curb and they may not obstruct pedestrian traffic. h. Signs will be required to meet material and visual appearance specifications. i. Signs will only be permitted in those areas where on-street parking blocks the sight of the signs to passing motorists. A geographic boundary will be established that defines the area in which portable signs may be placed. j. Maintenance of the sign(s) will be the sole responsibility of the permittee. Neither the City nor its staff will be responsible for the maintenance of any permitted sign. If a sign appears to be improperly maintained, the permittee will be required to immediately remove the sign and make the appropriate repairs. These proposed parameters include requirements that are consistent with other safety criteria used to regulate the placement of objects in the public right-of-way, namely news racks and outdoor eating areas. Safety, appearance and maintenance of portable signs are important elements to consider and would be reflected in any such proposed ordinance. These efforts attempt to balance the individual business needs of the downtown area with the needs of pedestrians for a safe passageway. CURRENT REGULATIONS Under City Code Sections 17-42 and 24-1, the placement of advertising signs within the public rights-of-way is prohibited. Violation of these sections can result in the sign being removed by City stafffollowing 24 hours of notification. It is currently estimated that there are 50 portable signs in the downtown during the peak season for pedestrian traffic. If the Council decides to legalize portable signs, Ordinance No. 025, 2009 will amend the City Code to allow portable signs. ADDITIONAL RESEARCH Staff is committed to thoroughly researching any applicable pedestrian corridors identified in City Plan and the Master Transportation Plan and will report back to City Council between first and second reading in a read before memo. " City Manager Atteberry stated the ordinance has been revised and provided to Council for its consideration. The original ordinance allowed for illumination of portable signs, with certain criteria. The revision prohibits any illumination of portable signs. City Attorney Roy read the revisions to the ordinance.Subsection(10)has been added to Section 24- 154(b)and reads: "in any location where the sign is not sufficiently illuminated by ambient light to be readily visible to pedestrians." Ambient light is light from other sources and not for the purpose of illuminating the portable sign. Section 24-155 (d)has been revised to read: "Portable signs shall not be illuminated except by ambient light that exists for other purposes, nor shall they be made of . any material with a retroreflectivity measurement in excess of two (2) minicandelas, or of any 34 March 3, 2009 material that glows or emits.light." Most objects reflect light and the purpose of the revision is to put limits on the amount of reflection a portable sign can have. Mark Jackson, Transportation Group Director, stated staff has developed a plan that can be implemented, enforced and is acceptable to the business community. Portable signs are used in pedestrian oriented areas and are currently prohibited under City Code. These portable sign regulations are designed to protect the aesthetics of the downtown area, protect and enhance the pedestrian environment, yet allow businesses to advertise. The proposed Code change includes criteria about the construction, placement and maintenance of portable signs on sidewalks. An annual permit will be required. A review of this process will occur in two years to evaluate the program, gather feedback from the business community and make any changes needed. Shannon Wilson,Pendleton Store Manager, 107 South College,thanked staff for its outreach to the business community and finding a solution to the issue of placement of portable signs that is acceptable to the business community. Portable signs are an asset to businesses and provide needed exposure to pedestrians. Matt Robenalt, Downtown Development Authority Director, thanked Council and staff for discussing the issue of portable signs with the DDA. The DDA has passed a resolution that supports the use of sidewalk signs,with reasonable standards. The proposed ordinance contains the standards requested by the DDA. David Short, Downtown Business Association, stated the proposed Code changes will enable the placement of portable signs that will be very beneficial to businesses in the downtown area. The DBA supports adoption of the ordinance. Patty Spencer, DDA Boardmember, stated the proposed ordinance contains standards that will preserve the pedestrian environment in the downtown area and supports downtown retailers during tough economic times. Councilmember Roy asked about the permit process. Tracy Dyer,-Chief Construction Inspector, stated inspection and engineering staff will implement the permit process. The intent is to work with each applicant to ensure there is a clear understanding of the guidelines for the placement of the portable signs. The cost will be $10 per year for each permit. Councilmember Poppaw asked about enforcement ofthe Code for placement ofportable signs. Dyer stated staff will educate businesses about proper construction and placement to keep the need for enforcement to a minimum. Helen Migchelbrink, City Engineer. stated anyone who believes a sign is placed incorrectly can report the sign to the City and an inspector will respond to the complaint. Councilmember Troxell asked why portable signs will be allowed only in the downtown area. Jackson stated on-street parking is available in the downtown area which acts as a visual buffer for the portable signs. The signs will be oriented to pedestrian traffic, which is a large factor in the downtown area. Staff will investigate the possibility of allowing portable signs in other pedestrian areas of the city when City Plan and the Master Transportation Plan are reviewed. 35 March 3, 2009 Councilmember Troxell asked if the annual permit will be issued on a calendar basis and if the permit must be displayed by the business. Dyer stated the permit will be issued annually, based on the date it is first approved. A copy of the permit will be kept by the City's Engineering Department for public inspection. The business is not required to display the permit. Councilmember Manvel stated the portable signs will be allowed in the downtown area and mid- town to Laurel Street. Councilmember Ohlson asked for information on other areas of the city that would be appropriate to include in the portable sign regulations to allow other businesses to use this form of advertising. Jackson stated staff will provide information to Council about current policies that define pedestrian districts by second reading of the ordinance. A complete review will occur when City Plan and the Master Transportation Plan are updated. Councilmember Ohlson noted the proposed Code change is only for the downtown area and he asked if the current Code regulations that prohibit portable signs will enforced throughout the rest of Fort Collins. Dyer stated staff will fully enforce the Code citywide. Councilmember Ohlson made a motion, seconded by Councilmember Manvel,to adopt Ordinance No. 025, 2009, as revised, on First Reading. Councilmember Ohlson stated the regulations that have been developed to allow portable signs in the downtown area will benefit the downtown businesses and protect the aesthetics of the area. Councilmember Roy thanked staff for its work in developing the regulations that will benefit businesses and maintain the standards of the downtown area. Councilmember Manvel stated portable signs will add to the ambiance of the downtown area. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Items Relating to an Amended and Restated Organic Contract and Contract for the Supply of Electric Power and Energy, Adopted on First Readine The following is staff s memorandum on this item. "EXECUTIVE SUMMARY A. First Reading of Ordinance No. 026, 2009, Authorizing an Amended and Restated Organic Contract for Platte River Power Authority. 36 March 3, 2009 B. First Reading of Ordinance No. 027, 2009,Authorizing an Amended and Restated Contract With Platte River Power Authority For the Supply of Electric Power and Energy. The Organic Contract between the four member cities of Estes Park, Fort Collins, Longmont and Loveland was originally signed in 1975 and last amended in 1998. The Organic Contract forms Platte River Power Authority. A change to the Organic Contract requires the approval of all four member municipalities. Most of the changes to the Organic Contract are in the nature of updates intended to reflect current organizational practices, as detailed more fully below. In addition, staff and Platte River have negotiated changes to update the Contract for the Supply of Electric Power and Energy and termination of the Transmission Facilities Agreement. Changes to the Contract for the Supply of Electric Power and Energy incorporate relevant terms from the Transmission Facilities Agreement. The most significant change to the Contract is a provision which allows the City to develop generation resources up to 3,000 kilowatts to supply City facilities; this is approximately 60%of City facilities demand. The agreement does not limit the size or ability of-customers to install generation resources for their own use, nor for third party developers to install generation at a customer's site. BACKGROUND February 3, 2009 Council Meeting On February 3, 2009, Council requested that staff and Platte River Power Authority revise the suggested changes to the "whereas" clauses and the purpose statement contained in the Organic Contract. The statements have been revised to directly state Platte River's commitment to environmental stewardship. The requested changes to the Organic Contract are below: WHEREAS, the Municipalities are committed to the delivery ofelectricity that is generated in a manner that reflects good stewardship of the environment; and WHEREAS, it is the intent of the Municipalities that the Authority demonstrate its commitment to environmental stewardship through practices incorporated into its fundamental operations; and WHEREAS, the Authority's Board of Directors adopted Resolution number 25-08 in 2008 directing the Authority's General Manager to develop a plan outlining how the Authorityproposes to achieve the goals of the Colorado Climate Action Plan and to work toward achieving them; and WHEREAS, in December 2002, the Authority's Board of Directors implemented an updated Environmental Policy and Principles document which requires the Authority to consider environmental factors as an integral part of planning, design, construction and operations decisions; and 37 March 3, 2009 WHEREAS, the Municipalities acting in concert through the Authority wish to continue their commitment to provide electric power and energy with cost-effective energy resource options in a manner that reflects good stewardship of the environment; and WHEREAS, the Municipalities acting in concert through the Authority wish to continue their commitment to provide electric power and energy with environmentally responsible resource options that enhance the sustainability of the Northern Colorado region; and The additional language added to Section 2.1(1), 2.2(i) and 2.2(vi) is underlined below. 2.1 PURPOSES The purposes of the Authority are to conduct its business and affairs for the benefit of the Municipalities and their inhabitants (i) to provide the electric power and energy requirements of the Municipalities and the retail customers within the Municipalities in a reliable and cost effective manner that reflects high standards of environmental stewardship and sustainability; 2.2 FUNCTIONS, SERVICES, OR FACILITIES (i) acquiring, constructing, owning, reconstructing, improving, rehabilitating, repairing, operating and maintaining electric generating plants, transmission systems and related facilities, or interests therein, for the purpose of producing, transmitting and delivering to the Municipalities, electric power and energy to the extent of their requirements, including renewable energy requirements and demand side resources; (vi) developing products and services to improve the efficiency of generation, transmission and use of electrical energy and to minimize the associated environmental impacts; In response to direction given at the February 3, 2009 Council meeting, language was added to the Power Supply Agreement as detailed below: Article 3: Covenants of Platte River (c) Platte River shall consider the environmental impacts of the planning, design, construction, and operating decisions associated with the performance of its obligations under this Agreement. 38 March 3, 2009 October 28, 2008 work session During the October 28, 2008 worksession, Council discussed both the Amended Energy and Power Supply Contract between the City of Fort Collins and Platte River Power Authority, and the Amended and Restated Organic Contract between the Cities of Fort Collins, Longmont, Loveland and Estes Park. Discussion in reference to the Energy Supply Contract centered on new language that allows the City to develop and own generation to serve the electric energy demands of its own facilities. The previous Energy Supply Contract limited the City's ability to self generate to zero. The revised contract proposes a limit of one percent of the peak load within Fort Collins, which amounts to approximately 3,000 kW of generation (about 60% of the load for all city facilities). Council expressed concern over the 1% cap and asked why it couldn't be 2%, 3% or even greater. Joe Wilson, Platte River General Counsel, provided a detailed explanation. Previous bonds sold by Platte River were sold with a commitment to the buyers that Platte River would be the sole provider to the four cities. Platte River has been aware ofthe cities'desire to support,provide, and develop renewable resources. Discussions with Platte River's Bond Counsel resulted in an agreement that the 1%cap could be considered de minimis. At the request of the Utilities Executive Director, Platte River requested information from its Bond Counsel on the potential to increase the limit on generation for City facilities up to 10%. A copy of the response is attached. Council also commented on a document Brian Moeck distributed before the meeting detailing Platte River's commitment to environmental concerns and stewardship. Council complimented Platte River on its efforts, and asked if language could be added to the "whereas" clauses and the "purpose"section ofthe Organic Contract reflective of Platte River's commitment to environmental stewardship. Revisions to the Organic Contract In June of 1975, the municipalities of Fort Collins, Longmont, Loveland and Estes Park established Platte River Power Authority to develop both resources for the production of electric energy and transmission infrastructure to deliver electric energy to the four member municipalities. The Organic Contract Establishing Platte River PowerAuthority as a Separate Governmental Entity dated June 17, 1975, defined the roles of each of the municipalities within the organizational structure of Platte River, defined membership on the Board ofDirectors, and established the by-laws within which the Board operates. In July of 1998 the Organic Contract was amended to allow Platte River to provide additional functions, services or facilities to any combination of two or more ofthe member municipalities. An example ofan expanded service is Platte River's provision and management ofthe Banner Customer Information System used by both Longmont and the City of Fort Collins. The modification also allowed Platte River to enter into telecommunication activities, which it continues to manage for the City. 39 March 3, 2009 The amendments that staff and Platte River are presenting to Council in the Amended and Restated Organic Contract Establishing Platte River Power Authority as a Separate Governmental Entity(the "Updated Organic Contract') add to the services that Platte River may provide to Fort Collins by noting that Platte River will assist Fort Collins in reaching its renewable energy requirements. Language has been added which specifically details that Platte River will provide services and products that improve the efficiency ofgeneration, transmission and use of electrical energy. The proposed changes also bring current the expiration dates of the terms of the Platte River appointed directors. Those dates are as follows: December 31, 2011 for Estes Park, December 31, 2008 for Fort Collins, December 31, 2010 for Longmont and December 31, 2009 for Loveland. Additional changes allow Board members to participate in Board meetings via teleconferencing. Changes also provide authority to the Board to appoint an interim Platte River General Manager if and when a vacancy exists in that office. The previous provision automatically designated the Board Chairperson. The Updated Organic Contract also extends the term of the Contract from an end date of 2040 to 2050. Revisions to the Amended Contract for the Supply of Electric Power and Energy Fort Collins and Platte River are proposing an Amended Contract for the Supply of Electric Power and Energy (the "Updated Energy Supply Contract'). The Transmission Facilities Agreement between Platte River and Fort Collins dated February 22, 1980 will be terminated with the execution of the Updated Energy Supply Contract. Some of its terms are incorporated into the new Contract while others are addressed in Appendix B to the Updated Energy.Supply Contract. The Updated Energy Supply Contract obligates Platte River to sell and deliver and Fort Collins to purchase and receive all electrical energy which Fort Collins requires. In effect, it is an all- requirements contract with an exception as described below. The Contract.defines the roles and responsibilities of each of the entities with respect to providing electric energy, the disposition of excess energy, the responsibility to maintain adequate rates, and required compliance with Western Area Power Administration requirements for the purchase of federally generated power. The above-noted exception to the all-requirements obligation addresses the amount ofgeneration the City can develop to provide service to City-owned facilities. The contract as it currently stands limits the amount ofgeneration the cities could developfor their own use. The member cities were able to keep any generation resources they owned prior to the establishment of Platte River, which allowed Longmont and Loveland to continue to own and operate their small hydro-electric plants. Fort Collins had no such resources. The amended contract designates municipal generation up to 1%ofpeak as de-minimus. The amendment will have a very positive effect on the City. Fort Collins will be able to develop approximately 3000 kilowatts of renewable generation. The total load associated with city facilities is about 5000 kilowatts, so more than half of this could be met with municipal generation (renewable or other resources). Three thousand kilowatts is enough generation to power approximately ],000 to 1,200 homes. Depending on the resource developed, three thousand kilowatts ofgeneration could reduce carbon dioxide emissions by between 7,000 to 19,000 tons per year. The amended contract does not limit the amount or size of generation customers can install at their homes or businesses. The option for customers to develop their own generation has always existed and is not impacted by this amended contract. 40 March 3, 2009 Fort Collins and Platte River jointly occupy all of the substations serving the City. The proposed changes clarify that each party has license to occupy any substation where the parties jointly use facilities. The language ofthe Updated Energy Supply Contract clarifies theplanning requirements and the timelines needed to insure that adequate time is given for the siting, design and construction of new transmission and substation facilities. For example, it reduces from four years to two years the prior notification the City must give Platte River of the need for a new substation if no new transmission is required. If new transmission is required the City must give Platte River four years notification. The Energy Supply Contract term is also extended from 2040 to 2050. This is of critical importance because the power supply agreements between Platte River and the cities are security for Platte River bonds and these agreements must have terms beyond the terms of the bonded indebtedness. Appendix B to the Updated Energy Supply Contract specifies the responsibilities of each entity as either the owner or joint user of a facility. The responsibilities for site work, foundation construction, and operation and maintenance tasks are defined in Appendix B. Platte River purchases energy from the Western Area Power Administration (WAPA) on behalf of the Cities. The PAPA General Power Contract Provisions have been added as an exhibit to the Energy Supply Contract. The amendments to both agreements give additional f exibility to both Platte River and the City in addressing Governor Ritter's goal to reduce the City's carbon emissions by 20%below 2005 levels by 2020 and 80% below 2005 levels by 2050. Both the City and Platte River have committed themselves through formal resolutions to reaching these goals. The development or acquisition of additional renewable resources along with the implementation of energy efficiency programs and services by Platte River, and the City's ability to develop renewable resources for its own use, provide both Platte River and the City new avenues towards this goal. Additionally, the amendments provide clarity to the roles and responsibilities of each entity. Brian Janonis, Utilities Executive Director, stated language has revised in the Organic Contract to reflect concerns expressed by Council at its February 3, 2009 meeting. Brian Moeck, General Manager of Platte River Power Authority, stated the Organic Contract has been revised to include more about Platte River's environmental performance and responsibility. Platte River has a mission of providing reliable energy at a competitive price and meeting its environmental responsibility. The demand for electricity has increased dramatically over the past 10 years. Platte River has installed natural gas peaking resources to meet the increasing demand and the integrated resource plans have reflected the addition of natural gas peaking resources as well as the investing in efficiency or demand-side management. About 75%of the City's energy generation comes from fossil fuels. The State Health Department issues an operating permit for Platte River and sets very high standards of operation. Rawhide Plant is the lowest sulfur dioxide emitting plant in Colorado because of investments at the Plant. The Plant operates well within the standards set by the State Health Department. Platte River has invested in turbine efficiency,lighting efficiencies and modifications to burners and control systems at Rawhide and in environmental controls at the 41 March 3, 2009 Craig Plant. Investments have been made at the Medicine Bow Wind Renewable Energy Project and in efficiencies programs that work directly with customers in all four cities. Eric Sutherland,631 LaPorte,stated Platte River has achieved AA bond ratings which reflects good management. Fort Collins is the only member city of Platte River that has a renewable energy portfolio standard and must,by state law,meet a certain level of renewables in its mix. The member cities pay the same wholesale rates except for renewable energy costs. He asked why all four member cities are not obligated to share in the cost of meeting Fort Collins' renewable portfolio standard as mandated by the State. If Fort Collins does manage, by prudent use of resources, to purchase renewable energy that power this community,it would insulate all four member cities from impending carbon regulations and provide economic benefit to the member cities. The cost should be shared by the member cities. Sue Radford, 2732 Wakonda, shared her concerns with the use of coal for energy production. It is important to move away from use of coal to meet the impending carbon emission regulations. Councilmember Manvel asked for an explanation of the difference in the amount of emissions permitted at the Rawhide Plant as compared to other plants in the state. Moeck stated each plant has different permit limits based on age of the plant and the technology installed and are allowed to operate at different levels from the Rawhide Plant. The improvements made to the Rawhide Plant in 2005 that reduced its emissions allowed the Plant to enter into a voluntary agreement with the State Health Department that lowered the Plant's emission limits. Councilmember Manvel asked for an explanation of the 4%purchases listed in the existing resources of Platte River. Moeck stated Platte River sometimes needs to purchase additional energy from other utilities because resources are off-line. Councilmember Manvel asked why the cost of renewable energy is not shared by the four member cities. Moeck stated the requirement for Fort Collins to have a renewable energy portfolio has been in place for about a year. For years, all the member cities have had voluntary programs where renewable energy has been marketed to the customers. A pool has been created that has a separate rate but each city pays the same rate per kilowatt hour for the renewable energy. Each city requests a different amount based on the amount of renewable energy the citizens request. Councilmember Roy asked about the funding provided for energy efficiency programs and what could be done to increase that funding. Moeck stated Platte River staff provides technical support to member city staff for larger,industrial commercial customers to identify projects that will improve the efficiency and reduce the demand for electricity and energy consumption. Platte River will provide a financial incentive to those customers for such projects. Since 2001,$4.8 million has been invested in energy efficiencies. About 70% of those funds have been spent in Fort Collins. Councilmember Roy stated the other members should share in the cost if Fort Collins,or any of the other member cities, pursues an aggressive renewable energy program and the Platte River policy should be changed to reflect the shared benefits received from those programs. 42 March 3, 2009 Councilmember Manvel asked if Fort Collins could change the Platte Riverpolicy so that energy will be charged at the same rate, regardless of method of generation. Moeck stated Fort Collins has a voice on the Platte River Board and the Board could vote to make such a change. Councilmember Poppaw asked if the other member cities will be required to have a renewable energy portfolio in the future. Moeck stated the State places that requirement on a municipality when it has 40,000 customers. Longmont will likely reach that level in the next 3-5 years. Councilmember Manvel asked if the other member cities receive the same percentage of hydro and wind power as Fort Collins. Moeck stated each member city receives approximately the same amount of hydro-produced power. Councilmember Poppaw asked if the other member cities have costs that are not borne by the entire Platte River organization. Moeck stated Fort Collins and Longmont pay for the costs of a customer information and billing system maintained by Platte River while the other two members do not bear that expense. The goal is to provide the same service to each member city, but if one city requests different uses than the other three, then that city must pay the costs. Mayor Hutchinson clarified that the renewable energy rate is the same for each city but each city buys a different amount. Moeck stated Fort Collins has requested and paid for more energy from renewable sources than the other three cities combined. Each member city pays the same rate per kilowatt hour charged for that energy. Councilmember Ohlson made a motion, seconded by Councilmember Manvel,to adopt Ordinance No. 026, 2009 on First Reading. Councilmember Ohlson stated the changes made to the Organic Contract are positive and reflect what Platte River is doing and will continue to do. Councilmember Poppaw stated the Contract reflects the environmental responsibility of Platte River and the values of this community. Councilmember Manvel thanked Mr. Moeck for his efforts in amending the Contract. Councilmember Troxell stated Platte River is a partner in FortZed and provides reliable energy, competitive pricing and environmental quality. Mayor Hutchinson noted public awareness and Council input have helped to create a Contract that will benefit each member community. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 43 March 3, 2009 Councilmember Manvel made a motion, seconded by Councilmember Poppaw,to adopt Ordinance No. 027, 2009 on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Items relating to the Adoption of the South College Corridor Plan, Adopted on First Readine The following is staff s memorandum on this item. "FINANCIAL IMPACT No direct financial impacts exist as a result of adopting the South College Corridor Plan (SCCP). However, the SCCP identifies short and long-term strategies the City may be involved in over time. EXECUTIVE SUMMARY A. Resolution 2009-024 Adopting the South College Corridor Plan as an Element of the Comprehensive Plan of the City. The proposed South College Corridor Plan was prepared by a City staff and consultant team with extensive public input over the past year. The primary elements of the SCCP include vision, goals and policies, implementation, and Framework Plan map. Several related items are being proposed in conjunction with the proposed SCCP, including: B. Resolution 2009-025 Amending the City Structure Plan Map to Comport with the South College Corridor Plan. C. Hearing and First Reading of Ordinance No. 028, 2009, Amending the Land Use Code for the Purpose of Implementing the South College Corridor Plan. D. Hearing and First Reading of Ordinance No. 029, 2009, Amending the Zoning Map by Changing the Zoning Classification for that Certain Property Known as the South College Corridor Plan Rezonings. E. Resolution 2009-026 Amending Figure GM-8 of the City Plan Principles and Policies to Comport with the South College Corridor Plan. F Hearing and First Reading of Ordinance No. 030, 2009, Amending the Zoning Map and the North College Corridor Plan to Comport with the Changes Which Have Been Made to the City's Comprehensive Plan and Land Use Code as a Result of the Adoption of the South College Corridor Plan. 44 March 3, 2009 BACKGROUND OVERVIEW OF THE SOUTH COLLEGE CORRIDOR PLAN (Item A —Resolution 2009-024 Adopting the South College Corridor Plan as an Element of the Comprehensive Plan of the City) The South College Corridor Plan was initiated in 2007 at the direction of City Council during the Southwest Enclave Annexation process. The study area includes only the commercial and primarily vacant lands along South College Avenue between Harmony and Carpenter roads. Neighborhoods were not included in the study area because no changes were contemplated for those areas; however,neighborhood residents were closely involved in the planningprocess and the SCCPgoals, policies and actions reflect the input of many participants including residents. The South College Corridor Plan provides a specific vision and policy framework for commercial areas and undeveloped land, transportation system, appearance and design, communitypartnerships and natural resources of the Corridor. The primary objective is to tailor City Plan(2004)principles and policies to the specific circumstances of this area. If adopted, the SCCP will become an element of City Plan. The SCCP itself is divided into chapters covering the following topics: • Citizen Summary • Chapter 1 - Plan Foundations • Chapter 2 -Existing Conditions and Issues • Chapter 3 - Vision • Chapter 4 -Framework Plan, Goals, and Policies • Chapter 5—Implementation • Appendices The draft SCCP document contains several sections in the Vision, Goals and Policies that were changed to respond to City board comments in January. These changed sections are on pages 36, 38, 46 and 49 and highlighted with underlining(additions) and strikeout (deletions). Presented below is a brief summary of the contents of each chapter. Chapter I —Plan Foundations The Plan Foundations sets the contextfor the South College Corridor Plan. It describes the purpose of the SCCP and related planning documents. One important related plan is the South College Avenue (US 287) Access Control Plan Update Report (ACP). The ACP, which was approved by the City Council, Colorado Department of Transportation and Larimer County in 2002, describes specific transportation improvements along the Corridor. The SCCP provides a brief overview of the ACP in the Plan Foundations chapter. 45 March 3, 2009 The SCCP supports the improvements contained within the ACP, and recommends that the City and CDOT work closely with property and business owners when specific improvements are initiated. Chapter 2—Existing Conditions and Issues The second chapter lays the foundation for the SCCP by describing characteristics and issues of the study area related to land use, business activity, transportation system, appearance and design, community partnerships,financing and utilities. Chapter 3— Vision The Vision chapter includes the following vision statement: "South College will evolve over time as a healthy business district to become a clearly recognizable part of Fort Collins with upgrades to streetscapes and buildings, new uses that support neighborhoods and the Mason Corridor, stronger multi-modal connections, and active civic partnerships. " The fundamental direction is for the Corridor to include some of the basic urban elements which are missing today. The Vision chapter addresses the issues listed in the previous Issues chapter, with accompanying concept sketches and photos. Chapter 4—Framework Plan, Goals, and Policies The statements in the Framework Plan, Goals, and Policies chapter are intended to organize, guide, and stimulate efforts to implement the vision and address the identified issues. The Framework Plan map illustrates the general,preferred land use and transportation networkfor development and redevelopment projects in the South College Corridor, consistent with the vision and goals. Its land use pattern is a guide for zoning regulations; and its transportation network accommodates related transportation plans (namely the Master Street Plan) as well as recommending a new off-street trail network. The Framework Plan map includes several changes to the current land use designations provided in the City Structure Plan. A notable highlight of the Framework Plan is its identification of a distinct gateway concept for currently undeveloped land around the South College Avenue/Carpenter Road intersection. The gateway designation(called the South College Gateway Area)provides for a striking impression of the southern entry into Fort Collins, with concepts for a special streetscape and architectural design. The Framework Plan chapter also includes goals that are categorized to correspond to the facets of the Vision and include supplemental clarification of the Framework Plan. The goals are as follows: 46 March 3, 2009 Land Uses & Business Activity • Retain the eclectic business mix while supporting new uses that strengthen the South College market. • Encourage neighborhoodserving retail and commercial uses in locations convenient to adjacent neighborhoods. • Capitalize on Mason Corridor and Transit-Oriented Development (TOD) opportunities. A Complete Transportation System • Improve traffic safety along the highway for all users. • Create a complete street network of local and collector roads. • Make walking and bikingpractical and enjoyable methods to access and traverse the Corridor. • Strengthen the existing transit network and support the expansion of regional and local transit links. Community Appearance & Design • South College's image will evolve from a highway defined by heavy vehicle traffic to a healthy business district defined by retail activity. • Create new public spaces. • Create a sense of arrival into the community. Community Partnerships & Financing • Increase collaboration and mutual understanding between Corridor business owners,property owners, and residents. • Leverage and stimulate investment with infrastructure projects. Natural Resources & Drainageways • Natural resources within and adjacent to the South College Corridor will be protected and enhanced to the maximum extent feasible. • Solve drainage system needs to allow street and development projects while maintaining natural drainageways. Chapter S—Implementation The final chapter, Implementation, is intended to provide detail on how the Framework Plan and vision,goals and policies would be accomplished. Eight strategies that would do the most to further the SCCP are described in detail, as follows: • Strategy 1: Foster Community Partnerships 47 March 3, 2009 • Strategy 2: Provide Opportunities for Business Expansion • Strategy 3: Coordinate the Implementation of Transportation Improvements • Strategy 4: Develop Public Funding Strategy for Capital Improvements • Strategy 5: Create Gateway at South College and Carpenter • Strategy 6: Improve Neighborhood Shopping Opportunities • Strategy 7: Develop the Recommended Trails • Strategy 8: MAX Bus Rapid Transit and Transit Oriented Development on the Mason Corridor Other actions, along with responsible partners and the timeframe for implementation, are listed in an implementation table. Public Process The public process for the South College Corridor Plan was extensive. The SCCP goals,policies, strategies and maps area reflection of that extensive input. Public participation activities included: • six public meetings, with mail and email announcements to properties and businesses within the Corridor and to residences in neighborhoods adjacent to the Corridor • business forum; April 2008 • meetings with individual stakeholders throughout the planning process • 2,200 piece survey to households and businesses • website • three project newsletters sent to businesses, property owners and residents • monthly Planning and Zoning Board updates • Transportation, Land Conservation Stewardship, and Parks and Recreation Board meetings in January 2009 • Planning and Zoning Board Hearing on January 15, 2009 City boards supported adoption of the South College Corridor Plan. The Planning and Zoning Board, Land Conservation Stewardship Board, and Transportation Board voted unanimously to recommend approval ofthe SCCP. The Parks and Recreation Board opted not to vote on the SCCP. See Attachment 1 for minutes of these Board meetings. PROPOSED CHANGES TO CITY STRUCTURE PLAN (Item B—Resolution 2009-025Amending the City Structure Plan Map to Comport with the South College Corridor Plan) The vision for the Corridor provides for a broad mix of commercial uses, new neighborhood shopping opportunities, and housing. The Framework Plan supports the vision by identifying several areas for change. The Planning and Zoning Board voted unanimously in favor of the changes. 48 March 3, 2009 Attachment 2 shows the existing City Structure Plan. Attachment 3 shows the proposed City Structure Plan, with letters "A"through "E"correspondingto the recommended changes described below. Area A: Change Commercial Corridor District to a combination of Medium Density Mixed-Use Neighborhood and Open Lands,Parks, Stream Corridors This undeveloped 29-acre area has significant development constraints, including sloping topography and several important natural features including a unique rock outcropping, and riparian habitats near Fossil Creek. A Commercial Corridor District, which is the current City Structure Plan designation, are described in City Plan as a place that "include[s] a wide range of community and regional retail uses, as well as offices, business, and personal services, and to a lesser extent, residential uses...typically the location of highway businesses and auto-related uses...convenient access...accessible by all modes of travel. " The proposed Medium Density Mixed-Use Neighborhood designation is described as a `place for denser attached, small-lot, and multiple- family housing built around a Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District. Secondarily, these neighborhoods may also contain other moderate intensity uses which can help to form a transition and a link between surrounding Low Density Mixed-Use Neighborhoods and the commercial area. " The South College Corridor Plan envisions new residential development occurring on vacant or underutilized lands to increase market support for neighborhood-serving retail uses; and Area A offers a good opportunity to achieve this, to accommodate the vested multi family project, and to provide other secondary uses to form a transition between the Skyview subdivision and commercial uses along South College Avenue. Area B: Change Low Density Mixed-Use Neighborhood to Commercial Corridor District Area B is a vacant, 19-acre property adjacent to the South 13 subdivision and the Huntington Hills and Fossil Creek Meadows neighborhoods. The South 13 subdivision is made up ofan eclectic mix of service commercial and industrial enterprises, such as warehouses, auto body shops, small appliance repair, sign shops, and offices. The Plan envisions business diversity with existing service commercial and retail uses encouraged to remain, expand and reinvest in buildings and property. There are a limited number of areas within Fort Collins where these kinds of commercial and small industrial uses can locate, and Area B would provide one such location in keeping with the context and SCCP vision. Area C. Change Urban Estate Neighborhood to Commercial Corridor District This vacant, 6.4 acre area is adjacent to commercial land uses to the west and north, the Prairie Dog Meadows Natural area to the south, and a private school to the east. Many of the businesses along the Kel-Mar Strip have outdoor storage and vehicle loading/unloading abutting and/or 49 March 3, 2009 directly visible from the site. Access to the site would need to come from anew collector (Aran . Street) behind the Kel-Mar Strip in the location of an existing alley. The existing Urban Estate designation, which is almost exclusively residential, may not be the best fit for these properties due to the setting and visual character of the area. The change would provide additional flexibility to add new non-residential land uses, offering another location to achieve the vision of supporting new uses that strengthen the South College market. Area D: Change Low Density Mixed-Use Neighborhood to Commercial Corridor District This 9.6 acre site at the southwest corner of Trilby and College contains four properties currently consisting of a veterinary clinic, various construction-related companies and offices, a landscape supply yard, and a single-family house. The vision is to acknowledge and encourage expansion or reinvestment related to existing development. These properties offer an opportunity to provide an appropriate transition between the highway and residential neighborhoods to the west and south. Area E: Change Urban Estate Neighborhood to Commercial Corridor District This mostly vacant, 7.3 acre area is situated within the South College Gateway Area. It is currently outside city limits. The vision for the gateway is a distinctive entry into Fort Collins defined by the relationship of buildings to the street and the attention to detail in the right-of-way. Together with development of the Neighborhood Commercial District(N-C) along the west side of College, these properties would provide an opportunity to create a unique, high quality entry. The concept of the gateway is reinforced by City Plan Policy CAD-2.3 Entryways, which states, "Community entryways will be enhanced and accentuated at key entry points to the City including interstate interchange areas, and other major arterial streets leading into the City. " The site is not well suited to single-family residential, as it at the intersection of two major arterials. The designation would be appropriate as a transition between residential properties in the Victoria Estates subdivision, the highway, and existing and future commercial to the south and west. Minor changes to the City Structure Plan map Four areas are proposed for minor changes to the City Structure Plan map. They are considered minor because they fix minor inconsistencies with actual conditions in specific locations. The four are briefly described below: Replace Open Lands, Parks, Stream Corridors with Commercial Corridor District south of Harmony Road between the UPRR and South College Avenue: No stream corridor exists; the property is occupied by the Arbor Plaza shopping center. • Replace Open Lands, Parks, Stream Corridors with Commercial Corridor District on the Discount Tire property at College Avenue/Fossil Creek Parkway: This is a commercial property. 50 March 3, 2009 • Replace Low Density Mixed-Use Neighborhood with Commercial Corridor District on the west side of College north of Skyway: These properties are commercial. • Replace Urban Estate Neighborhood with Commercial Corridor District on the east side of College south of Trilby: These properties currently are commercial. PROPOSED CHANGES TO THE LAND USE CODE (Item C — Ordinance No. 028, 2009, Amending the Land Use Code for the Purpose of Implementing.the South College Corridor Plan) Two proposed revisions to the Land Use Code are recommended to implement the South College Corridor Plan, as follows: • Add a new Division 3.11 - Development Standards for the South College Gateway and amend related Divisions 4.23 N-C and 4.24 C-L, and 5.1.2 Definitions. • Amend and rename Division 4.22 Commercial North College District(C-N)to Division 4.22 Commercial Service (C-S). In addition, a Code change that was not recommended for approval by the Planning and Zoning Board has been withdrawn by staff. That was,a very specific proposal to amend the M-M-NDistrict, Division 4.6(D) (4)Secondary Uses, to exempt a site specified in the South College Corridor Plan from the15% limitation on secondary uses. These three items are explained further below. Proposed New Division 3.11 -Development Standards for the South College Gateway City Plan goals call for edges that are clearly defined to help distinguish between what is city and what is not. Given thatparcels on the northwest and northeast sides of the College/Carpenter Road , intersection are vacant, an opportunity exists to implement an edge that would better define the entry into Fort Collins. Defining a gateway is integral with the proposed City Structure Plan amendment to change the northeast corner of the intersection of College and Carpenter Roads from Urban Estate to Commercial Corridor (Limited Commercial), which would allow for commercial development that could create the gateway as envisioned. The gateway development standards consist of setbacks, landscaping, building placement, and architectural design. The standards would apply to new development on both sides of South College Avenue extending approximately 1000 feet north of Carpenter Road. Two related changes include amending divisions 4.23 N-C and 4.24 C-L districts to reference the new Section 3.11,Development Standards for the South College Gateway and amending Division 5.1.2 Definitions to add a definition of the South College Gateway Area with a map. Proposed amendment renaming Division 4.22 Commercial - North College District (C-N) to Division 4.22 Commercial Service (C-S). 51 March 3, 2009 The South 13 Subdivision is located south of Fossil Creek Parkway and the Fossil Creek Meadows subdivision on the east side of South College Avenue. The area contains a variety of commercial and light industrial uses, including numerous warehouses, storage yards, appliance repair companies, auto body shops, offices, and an indoor recreation facility. This area was annexed along with the rest of the South College Corridor frontage in 2006 as part of the Southwest Enclave Annexation, and was zoned Commercial. The vision for this area in the South College Corridor Plan is to maintain and expand the opportunities for these types of uses. The zone district that appears most appropriate for this type ofland use activity is the Commercial-North College(C-N)zone but the C-Nzone would need some minor revisions to allow its application to any areas other than North College. Staff is recommending the new name "Service Commercial". By amending the C-NDistrict, a new zone district would not need to be created just for this particular area. Explanation of withdrawn Land Use Code change to exempt an M-M-Nsite specified in the South College Corridor Plan from the 15% limitation on secondary uses Staffproposed a change to Land Use Code Division 4.6(D) (4) which limits secondary uses in the Medium-Density Mixed Use Neighborhood District (M-M-N) to the Planning and Zoning Board. The M-M-NDistrict identifies residential uses,parks and community facilities as primary uses. All other uses,are considered secondary uses and are limited to15% of the total gross area of a development plan containing 10 or more acres. The purpose is to emphasize residential uses while allowing certain mixed uses in the zone district. A policy in the South College Corridor Plan calls for an exemption to the limitation on secondary uses for the privately-owned area west of South College Avenue, between Retail Grove Natural Area and Crestridge Drive (also known as the Vineyard ChurchlWaterstone site). This recommendation was based on the site's unusual topographical and natural resource constraints and better consistency with City Plan goals. Staff proposed that the Code be amended to implement the exemption. The Planning and Zoning Board voted 4-3 against the change. The Board did not disagree with allowing secondary uses to occupy more than 15%of the site, but felt that the Land Use Code should not be amended to provide the exemption. The Board recommended that if the exception proved to be needed in the future, the way to implement the SCCP recommendation would be for the developer to seek a modification of the Code standard as part of a Project Development Plan. Staff is comfortable with this direction and is no longer proposing the amendment to Division 4.6. PROPOSED REZONINGS (Item D — Ordinance No. 029, 2009, Amending the Zoning Map by Changing the Zoning Classification for that Certain Property Known as the South College Corridor Plan Rezonings) Changes to the zoning of seven areas would help to support the SCCP vision. 52 March 3, 2009 Attachment 4 shows the existing Zoning Map. Attachment 5 shows the proposed ZoningMap, which contains references to the areas described below: • Redtail Grove Natural Area - the southernmost property within the Retail Grove Natural Area from Community Commercial (C-C) to Public Open Lands (P-O-L). • Area AI - two properties, the Vineyard Church site and Waterstone project site, from Community Commercial (C-C) to Medium Density Mixed-Use Neighborhood(M-M-N). • Area A2—Larimer Center for Mental Health property from Community Commercial(C-C) to Commercial (C). • Area BI -South 13 subdivision from Commercial (C) to Service Commercial (C-S). • Area B2 - Vacant property directly east of South 13 from Low Density Mixed-Use Neighborhood(L-M-N) to Service Commercial (C-S). • Area C- Two vacant properties east of Kel-Mar strip, and south of East Skyway Drive from Urban Estate (U-E) to Limited Commercial (C-L). • Area D-four properties at the southwest corner of South College Avenue and Trilby Road from Low Density Mixed-Use Neighborhood(L-M-N) to Limited Commercial (C-L). Land Use Code Requirements for Rezoning The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) indicates the following: (2) Mandatory Requirements for Quasi-judicial Zonings or Rezonings.Any amendment to the Zoning Map involving the zoning or rezoning of six hundred forty(640)acres of land or less (a quasi-judicial rezoning)shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (a) consistent with the City's Comprehensive Plan; andlor (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. (3) Additional Considerations for Quasi-Judicial Zonings or Rezonings. In determining whether to recommend approval ofany such proposed amendment, the Planning and Zoning Board and City Council may consider the following additional factors: (a) whether and the extent to which the proposed amendment is compatible with existing and proposed uses surrounding the subject land and is the appropriate zone district for the land; (b) whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. 53 March 3, 2009 Justification for the proposed rezonings These rezoning requests are being made in conjunction with the adoption hearing on the South College Corridor Plan to help implement its vision and goals, along with the related changes to the City Structure Plan. The justification for the rezonings matches the Justification for the City Structure Plan changes, and is contained within the South College Corridor Plan, specifically the Framework Plan map which shows the subject areas and their new land use designations. Consistency with City Plan, the City's Comprehensive Plan As indicated above, any request to rezone less than 640 acres is considered a quasi-judicial rezoning and the first "criterion"for approving the request is consistency with the City's Comprehensive Plan. The main consideration in this regard is the City Structure Plan map, which sets the basic land use framework showing how Fort Collins should grow and evolve. Since the City Structure Plan map is proposed for amendment as part of the South College Corridor Plan implementation, the proposed rezonings are a consistent part of the same package. Findings of Fact In evaluating the request for rezoning, staff makes the following findings of fact: • Retail Grove NaturalArea(southern arcel):Communiby Commercial(C-C)to Public Open Lands (P-O-L)— 4.7 acres The City Structure Plan designates this site as Open Lands, Parks and Stream Corridors. The South College Corridor Plan and its Framework Plan designate this site as Public Open Lands. The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the City's Comprehensive Plan. • Area A 1:CommuniU Commercial(C-C)to Medium Density Mixed-Use(M-M-N)—28 acres The South College Corridor Plan and its Framework Plan designate this area as Medium Density Mixed-Use Neighborhood(M-M-N)with an exception to the 15%limitation on secondary uses. The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the Comprehensive Plan. Staff met with one of the two property owners about the change. The representative of the Vineyard Church property expressed some concern about a decrease in value of the property with the change because fewer uses would be allowed in the M-M-N than the C-C. The other property is currently for sale, and staff has not received any comments from that owner. • Area A2: Community Commercial (C-C) to Commercial (C) — I acre The South College Corridor Plan and its Framework Plan designate this area as Commercial(C). The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the Comprehensive Plan. 54 March 3, 2009 Staff contacted a representative from the owner, Larimer Center for Mental Health, about the change and did not receive any objection about the change. • Area BI: Commercial (C) to Service Commercial (C-S)—29.2 acres The South College Corridor Plan designates this site as Service Commercial (C-S). The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the Comprehensive Plan. At Framework Plan open houses, a majority of attendees preferred this change. Owners were notified as part of the South College Corridor Plan process about the change inland use designation. Several owners expressed support for the change. Staff has not received any negative comments from owners on the change. • Area B2• Low Density Mixed-Use (L-M-N) to Service Commercial (C-S) —24.6 acres The South College Corridor Plan and its Framework Plan designate this site as Service Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the Comprehensive Plan. At Framework Plan open houses, a majority of attendees preferred this change. Staffnotified the owner as part of the South College Corridor Plan process, but has not received any comment. • Area C: Urban Estate (U-E) to Limited Commercial (C-L) — 6.4 acres The South College Corridor Plan and its Framework Plan designates this site as Limited Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of the SCCP as an element of the Comprehensive Plan. At Framework Plan open houses, attendees were split between the existing and proposed land use designations. Staff notified the two affected owners about the change, and received one response in favor. The other owner has not commented. • Area D: Low Density Mixed-Use (L-M-N) to Limited Commercial (C-L)— 10.5 acres The South College Corridor Plan and its Framework Plan designate this site as Limited Commercial. The rezoning would be consistent with the Comprehensive Plan with the adoption of the Plan as an element of the Comprehensive Plan. At Framework Plan open houses, attendees were split between the existing and proposed land use designations. Staff notified each owner and received strong support for the change. 55 March 3, 2009 PROPOSED CHANGE TO CITY PLAN'S TARGETED REDEVELOPMENT AND INFILL MAP (Item E—Resolution 2009-026 Amending Figure GM-8 of the City Plan Principles and Policies to Comport with the South College Corridor Plan) The Redevelopment and Infill Map (City Plan Figure GM-8) shows three types of redevelopment areas: Targeted Redevelopment Areas, Areas Identified by Subarea Plans, and Potential Intensification Areas per Zoning without a Subarea Plan. A portion of the South College Corridor south of Fossil Creek Parkway is identified on the City Plan map as a potential intensification area per zoning without a subarea plan. Since the proposed SCCP would continue to allow land use intensification along the Corridor, the Redevelopment and Infill map needs to be amended so that the area is shown as a redevelopment/infll area identified by a subarea plan. PROPOSED CHANGES TO CITY'S ZONING MAP REPLACING REFERENCES TO COMMERCLAL-NORTH COLLEGE WITH SERVICE COMMERCIAL (Item F—Ordinance No. 030, 2009,Amending the Zoning Map and the North College Corridor Plan to Comport with the Changes Which Have Been Made to the City's Comprehensive Plan and Land Use Code as a Result of the Adoption of the South College Corridor Plan) To establish consistency with the aforementioned Land Use Code and Zoning Map amendments, the Zoning Map would be changed to replace any reference to Commercial North College (C-N) with Service Commercial(C-S). The North College Corridor Plan would also be changed to replace any reference to C-N with C-S. " Jeff Scheick, Director of Planning, Development and Transportation, stated the South College Corridor Plan has been developed as a result of the Southwest Enclave Annexation and represents 18 months of a public involvement process. The Plan includes land use, transportation, environmental and other elements within the Corridor. Timothy Wilder, Senior City Planner, stated the South College Corridor Plan, if adopted, will become a part of City Plan. The South College Corridor Plan fulfills the commitment to respond to issues raised during the Southwest Enclave Annexation process and nearly all the Plan area is within City limits. Existing residential neighborhoods were not included in the Plan area because there are no expected changes within those residential neighborhoods. Residents within the neighborhoods were notified of the Plan process and many chose to participate. A series of natural areas exist along the Corridor and serve as breaks between developments. The Plan provides a specific South College vision and a focus for land use issues. The Plan clarifies and emphasizes some of the recommendations contained within earlier Plans. The Plan is intended to be used as a guide for land use decision making and it clarifies infrastructure improvement priorities. The intent of the Plan is to integrate the South College Corridor into the Fort Collins community,yet retain and enhance some of its positive attributes such as the natural areas, small,eclectic store fronts, service 56 March 3, 2009 businesses and other elements. Structure Plan changes and rezonings are recommended to implement the Plan. Approximately 160 businesses are located along College Avenue and existing commercial areas make up about 50% of the study area. A survey of the area indicated that 75% of the property owners are not considering redevelopment or major expansion of their properties. The Plan focuses on strengthening the market through new development,reinvestment in higher quality buildings and minimizing low activity uses. The Plan identifies new neighborhood shopping opportunities and a primary goal is to support the neighborhood commercial district and provide a supermarket. The Plan also supports the Mason Corridor with the location of new transit oriented development near the proposed South Transit Center. The Plan builds on existing Natural Area and Stormwater Plans and there is strong community support to continue protection of the natural areas. The overall Transportation vision is to transition to a more multi-modal system and upgrade infrastructure to existing standards. Kathleen Bracke,Director of Transportation Planning and Special Projects,stated the South College Corridor Plan builds upon the South College/US 287 Access Control Plan, which provides the framework for improvements to the highway corridor to enhance safety and accessibility for the area. The South College Corridor Plan is consistent with both the short term and long term goals of the Access Control Plan. Any transportation improvements in the future will include ongoing dialog with existing and future business and property owners in the area. Transit in the Plan area is addressed in the Plan with proposed safety improvements to existing Transit stops. Bicycle and pedestrian connectivity and safety in the area will be also be improved with on-street sidewalks and bike lanes as well as off-street multi-use paths throughout the area to connect neighborhoods, existing business areas and the City's trail system. Wilder stated the Plan includes appearance and design upgrades such as basic improvements along the street in the public environment and, over time, building facade upgrades along with parking improvements for the private sector to enhance the Corridor's appearance. The Plan includes the creation of the South College Gateway,a unique entryway into the community. The proposed Land Use Code changes will incorporate the Gateway concept. The Plan's vision includes community partnerships and the area needs to become much better organized before any broad financing mechanisms can be discussed. One recommendation of the Plan is to form a business organization that could help advocate on behalf of the area,provide a forum for local concerns and enable the City to work cooperatively with groups of businesses. A public funding strategy will be needed to address the large costs associated with the infrastructure improvements. Hans Breuer,2709 Stonehaven Drive,pastor of Vineyard Church,expressed his church's concerns about downzoning the church's property from CC to MMN. Vineyard Church does not want the zoning of its property to be changed, but if the decision is made to change the zoning, the church supports staffs recommendation to rezone the property to MMN with an exemption from limitation on secondary uses and does not support the Planning and Zoning Board's recommendation which removes the exemption. 57 March 3, 2009 Brian Schumm,7203 Woodrow Drive,expressed his concerns with the proposed rezoning. The Plan will impact residential properties and the proposed rezonings will negatively impact his property. Rezoning any property other than City property should not be considered until the property owner submits a request to rezone. Bill Veio, real estate developer, stated his objections to the proposed Plan as it does not correctly identify his property located in the Plan area. Jim Palmer, Palmer Properties, stated the Plan sets a vision that promotes the stabilized growth of the South College Corridor and he supported adoption of the Plan. Councilmember Ohlson asked what issues were difficult to resolve in developing the Plan. Wilder stated constructing the public process so it was meaningful for business owners and residents and implementing the Access Control Plan were difficult issues to resolve. Some sites were difficult to classify for land use designation. City Plan sets the framework for targeted redevelopment areas and much staff discussion centered around whether this area should be a targeted redevelopment area and what is the City's role in redevelopment. It took 18 months to develop the Plan and the City used EDAW as a consultant and EPS for a market study. Councilmember Ohlson asked how staff developed the Plan and determined which properties to rezone. Wilder stated the process used a variety of methods to develop the Plan. Public open houses were held to determine public interest in a variety of options presented for the area. The Plan was developed using City Plan principles and policies, the context of the area, property owner input, citizen input, and existing natural features. Councilmember Ohlson asked for an explanation of the Planning and Zoning Board decision regarding the rezoning of Vineyard Church. Wilder stated the Board was concerned with the site- specific application of the exemption from thel5% limitation on secondary uses. The Board felt there were better mechanisms, such as modifications of standards, for the church to use if it wants to build a church on that site. The Plan will support the church's request for modification of standards. Mayor Hutchinson stated the Plan will allow flexibility of uses, such as would be requested by Vineyard Church. Councilmember Manvel asked why the Vineyard Church property needs to be rezoned from CC to MMN. Wilder stated the property is designated as Commercial Corridor on the Structure Plan but is zoned Community Commercial. The rezoning is requested so the site's zoning will correspond with the Structure Plan designation. The purpose of the Community Commercial district is to provide a high density center for a variety of activities and should have good connections into adjacent neighborhoods. The church's site will not allow those neighborhood connections. The site best fits the MMN zoning designation. Mayor Hutchinson asked if it was appropriate for staff to bring rezoning requests forward or should any rezoning requests be considered only at the property owner's request. Wilder stated some of the 58 March 3, 2009 proposed rezonings were requested by developers and property owners and staff did look at those properties and decided, based on citizen comments, City Plan policies and site characteristics whether rezoning was warranted and how the requested rezoning fit into the overall framework of land use along the Corridor. Councilmember Troxell asked how many properties will be downzoned in the development of the Plan. Wilder stated only the Vineyard Church property has been downzoned. Councilmember Troxell asked for an explanation of the exemption for the limitation of secondary uses that the Planning and Zoning Board did not support. Wilder stated the Land Use Code currently allows primary uses, then secondary uses which are typically retail uses, institutional uses, and others. The Code limits secondary uses to 15%of the site. Staff did recommend that the limitation on secondary uses not apply to the Vineyard Church property, but the Planning and Zoning Board did not agree with that exemption. Councilmember Troxell asked what additional costs Vineyard Church will incur if it is required to request a modification of standard. Wilder stated the church would pay for the cost of the modification and the time for the modification to be processed by the City. Councilmember Troxell asked MMN is a better zoning designation for the Vineyard Church site than CC. Wilder stated staff believed CC designation was not a good fit for the site. Councilmember Troxell asked for a response to Mr. Schumm's statement that rezonings should not occur until requested by the property owner. Wilder stated Mr.Schumm has objected to the proposal to redesignate the properties south of Skyway from the current designation of Urban Estate to Limited Commercial. Staff has considered different options for the sites in question and has had mixed feedback from public open houses. The properties will have access from Aron Street on the west, which is a more commercial oriented collector street and the properties to the north are commercial,as well. Staff believes the designation of Limited Commercial for the properties south of Skyway is appropriate for those reasons. Councilmember Manvel asked why the zoning in area B-2 of the Plan will go from LMN to CS as it seems to be creating a commercial area that will protrude into a residential area. Wilder stated the area is adjacent to the Huntington Hills neighborhood but backs up to a number of warehouses and semi-industrial properties. The CS designation in area B-2 will allow commercial uses as well as residential. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2009-024. Councilmember Roy stated the Plan has been developed in partnership with large groups of citizens and includes considerable feedback. 59 March 3, 2009 Councilmember Manvel stated the Plan will incorporate the area into the City and provides a framework for future development. Staff has worked diligently with the citizens of the area to develop the Plan. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2009-025. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No. 028,2009 on First Reading. Yeas: Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No. 029,2009 on First Reading. Yeas: Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No. 030,2009 on First Reading. Yeas: Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2009-026. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Executive Session Authorized Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into executive session,as permitted under Section 2-31(a)(2)of the City Code,to meet with the City Attorney,City Manager and other affected members of City staff to discuss potential litigation and related legal issues. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 60 March 3, 2009 Adjournment The meeting adjourned at 9:45 p.m. Mayor ATTEST: City Clerk 61 March 17, 2009 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting- 6:00 p.m. Adjourned to March 24, 2009 A regular meeting of the Council of the City of Fort Collins was to be held on Tuesday, March 17, 2009, 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: none Councilmembers Absent: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell. (Councilmember Brown excused from Council meetings from October 28, 2008 through April 7, 2009, authorized by Resolution 2008-104.) Staff Members Present: Krajicek Pursuant to Article II, Section 11 of the City Charter, City Clerk Wanda Krajicek adjourned the meeting to Tuesday, March 24, 2009 at 6:00 p.m. The meeting adjourned at 6:03 p.m. Mayor ATTEST: City Clerk 62