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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J ITEM NUMBER: 6 AGENDA ITEM SUMMARY DATE: August 19, 2008 FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek SUBJECT Consideration and Approval of the Minutes of the July 1,2008 Regular Meeting and the July 8,2008 Adjourned Meeting. July 1,2008 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting-6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 1, 2008, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy,and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Mayor Hutchinson introduced Susan Kirkpatrick, Executive Director of the Colorado Department of Local Affairs. She presented two NAHRO Awards of Excellence in Affordable Housing to the Fort Collins Housing Authority for its acquisition and rehabilitation of The Villages on Elizabeth, an apartment complex. One award recognized the work of Jeff Valoric,Facilities and Maintenance Manager for his role in the redevelopment of several Fort Collins Housing properties. The other award recognized the design and development of The Villages on Elizabeth. Citizen Participation Vivian Armendariz,820 Merganser Drive,spoke about Dial-A-Ride issues and the lack of customer service from City staff. Nancy York, 130 South Whitcomb,urged Council to consider a resolution calling forthe withdrawal of U.S. troops from the war in Iraq. She did not support building new parking structures in the downtown area as they would be too expensive to build and would encourage people to drive and not use Transfort. She requested an analysis of the amount of money that leaves Fort Collins in the form of fuel. Citizen Participation Follow-up Councilmember Roy asked for further information about Ms.Armendariz's concern about customer service for Dial-A-Ride. Councilmember Manvel stated many millions of dollars leave Fort Collins for fuel, but an exact number would be difficult to compute. New routes have been added to Transfort and other work has been done to improve public transportation, but it is an expensive undertaking. Agenda Review City Manager Atteberry stated Item #19, Second Reading of Ordinance No. 073, 2008, Making Various Amendments to the City of Fort Collins Land Use Code,has been revised. Item#22,First Reading ofOrdinance No. 076, 2008,Appropriating Funds in the Downtown DevelopmentAuthority 372 July 1, 2008 Fund for Expenditure in Accordance with the Downtown Plan of Development, will be moved to discussion. Item#24,Items Relating to the I-251SH 392Interchange and Improvements Project,is being withdrawn to August 19, 2008 to allow more time to complete details in the funding for the Study. City Attorney Roy explained the wording change to Ordinance No. 073,2008,Section 2,Paragraph (H) which establishes a new pre-application hearing. The paragraph now reads "...for the purpose of receiving preliminary comments from the City Council regarding the applicant's overall proposal in order to assist the developer in determining whether to file a development application or annexation petition. However, if the only legislative action involved in the proposal is a possible financial partnership with the City or the provision of some financial incentive to the applicant from the City,the City Manager must agree that the proposed partnership or financial incentive warrants Council consideration in order for a hearing before the Council to be scheduled. All pre-application hearings scheduled by the City Manager under this provision will be held in accordance with the provisions..." The rest of the Ordinance is unchanged. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the May 20 and June 3, 2008 Regular Meetings and the June 24, 2008 Adjourned Meeting_ 7. Second Reading of Ordinance No. 059, 2008. Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance, unanimously adopted on First Reading on June 3, 2008, appropriates lodging tax revenues that were in excess of 2007 budgeted lodging tax receipts to Cultural Development and Programming("CDP"),Visitor Events, and the Convention and Visitors Bureau("CVB") accounts. 8. Second Reading of Ordinance No. 060, 2008,Appropriating Unanticipated Revenue in the General Fund for the Purchase, Training and On-going maintenance of the E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. This Ordinance, unanimously adopted on First Reading on June 3, 2008, appropriates the funds provided to Fort Collins Police Services by Larimer Emergency Telephone Authority (LETA)to purchase equipment,train users and maintain equipment for emergency services dispatching. 9. Items Relating to the Completion of the Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant(CDBG)and Home Investment Partnership (HOME) Programs, and the City's Human Services Program and Affordable Housing Fund. 373 July 1, 2008 A. Second Reading of Ordinance No.061,2008,Appropriating Unanticipated Revenue in the Community Development Block Grant Program. B. Second Reading of Ordinance No.062,2008,Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the HOME Investment Partnership Program. These Ordinances, unanimously adopted on First Reading on June 3, 2008, complete the spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities. 10. Postponement of Second Reading of Ordinance No. 064, 2008, Amending Sections 23-83 and 24-2 of the City Code Pertaining to Awnings and Canopies over Sidewalks to September 16, 2008. Staff has been approached by a local business seeking permission to install a retractable shade and rain awning over its permitted eating area encroachment to accommodate patrons during periods of inclement weather. Current City Code language precludes the issuance of an encroachment permit to allow the installation ofthe awning.This Ordinance,unanimously adopted on First Reading on June 3,2008,allows an encroachment permit to be issued in this instance as well as for other businesses who seek to place awnings over permitted patio encroachments. Staff is requesting postponement of Second Reading of the Ordinance to September 16, 2008,in order to incorporate changes in the Ordinance requested by Council. These changes will address historic preservation issues, awning color and type, attachment specifications, approval criteria and administration procedures. 11. Second Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code Concerning the Obligation for Construction of Streets. This Ordinance, unanimously adopted on First Reading on June 3, 2008, clarifies that developers need to dedicate to the City the street rights-of-way for the local portion of street adjacent their developments. It also clarifies that when the City constructs a street, it has a right to seek reimbursement from nearby benefitted properties(adjacent properties)as well as properties that abut the street constructed by the City. 12. Second Reading of Ordinance No.066,2008,Authorizing the Purchasing Agent to Enter into a Lease-Purchase Financing Agreement for Vehicles and E ui ment. This Ordinance, unanimously adopted on First Reading on June 3, 2008, authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with Koch Financial Corporation at 3.70%interest rate. The agreement is for an original term from the execution date of the agreement to the end of the current fiscal year. The agreement provides for renewable one-year terms thereafter, to a total term of five (5) years, subject to annual 374 July 1, 2008 appropriation of funds needed for lease payments. The total lease terms, including the original and all renewal terms, will not exceed the useful life of the property. This lease- purchase financing is consistent with the financial policies of the City of Fort Collins. 13. Second Reading of Ordinance No. 067,2008,Expanding the Boundaries of the Fort Collins Downtown Development Authority(DDA) and Amending the Plan of Development of the Authority. This Ordinance, unanimously adopted on First Reading on June 3, 2008, changes the boundaries of the DDA District and amends the Plan of Development of the Authority to include the property located at 800 East Lincoln Avenue,owned by Odell Brewing Company, 14. Second Reading of Ordinance No. 068, 2008, Designating the Myers House, 902 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No.068,2008,unanimously adopted on First Reading on June 3,2008,designates the Myers House, 902 Mathews Street, as a Fort Collins Landmark. The owners of the property, Dale and Mary Eggleston, are initiating this request. 15. Second Reading of Ordinance No. 069, 2008, Designating the W. A. Hall House and Detached Garage,910 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No.069,2008,unanimously adopted on First Reading on June 3,2008,designates the W. A. Hall House and Detached Garage, 910 Mathews Street, as a Fort Collins Landmark. The owners of the property,Dale and Mary Eggleston,are initiating this request. 16. Second Reading of Ordinance No.070,2008,Desi ng ating the Poole House,309 East Locust Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinance No.070,2008,unanimously adopted on First Reading on June 3,2008,designates the Poole House, 309 East Locust Street, as a Fort Collins Landmark. The owners of the property, Dale and Mary Eggleston, are initiating this request. 17. Second Reading of Ordinance No. 071, 2008, Desi ating the H. H. Hale House and Detached Garage,529 South Whitcomb,as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code Ordinance No.071,2008,unanimously adopted on First Reading on June 3,2008,designates the H. H. Hale House and Detached Garage, 529 South Whitcomb, as a Fort Collins Landmark. The owners of the property,Dale and Mary Eggleston,are initiating this request. 18. Postponement of Second Reading of Ordinance No. 072, 2008,Amending Section 5.1.2 of the Land Use Code Pertaining to the Definition of Farm Animals and Amending Section 4- 117 of the Cijy Code Pertaining to Chickens to September 2, 2008. 375 July 1, 2008 This Ordinance, adopted on First Reading by a vote of 5-2 (Nays: Brown, Troxell)amends Section 5.1.2 which is the definition of"Farm Animals." The effect of the change would allow up to six chicken hens in all zones of the City. Chickens are presently included in the definition and, therefore, are allowed only in the zones which allow Farm Animals (RUL, UE, RF). Staff is requesting a postponement of Second Reading of this Ordinance to September 2, 2008,to provide more time to address issues that have been raised by Council and citizens. Some issues that are being addressed include a potential permit process for having hens, deciding who would provide enforcement, air quality, economic impacts, human health concerns,exterior property maintenance code and potential predator increases in city limits. Staff is coordinating with Police,Natural Resources and other groups to address these issues. 19. Second Reading of Ordinance No. 073, 2008, Making Various Amendments to the City of Fort Collins Land Use Code. This Ordinance,unanimously adopted on First Reading on June 3,2008,makes a variety of proposed changes,additions and clarifications identified by staff in the Spring 2008 biannual update of the Land Use Code. The amendments approved on First Reading include a provision establishing a new process whereby the City Council could hold a preliminary conceptual hearing with regard to land use proposals that entail not only specific project development plans, but also legislative decisions of the Council pertaining to annexation, property acquisition, amendments to the City's comprehensive plan, and/or public-private partnerships. The ordinance presented on Second Reading adds an additional sentence to this provision stating that, if the only legislative action involved in the proposal is a possible financial partnership with the City or the provision of some financial incentive to the applicant from the City, the City Manager must agree that the proposed partnership or financial incentive warrants Council consideration in order for a hearing before the Council to be scheduled. 20. First Reading_of Ordinance No. 074, 2008 Appropriating Prior Year Reserves in the Light and Power Fund for Capital Expansion at the Portner Substation and Capital Additions to the Timberline Substation. To meet the electric needs of current and future customers, the Utilities plans to build two new distribution substations at existing sites on Portner Road(west of the Transfort facility) and Timberline Road(south of Prospect). Funds for the Portner Substation were budgeted in 2008 and the Timberline Substation was planned for 2010. Two transformers are needed at each substation. The Utilities recently received bids for the substation transformers and the bids were 33% higher than budgeted. Vendors have indicated that the cost of transformers and electrical switchgear will continue to escalate at a rapid rate over the next two years due to increasing copper and core steel costs. To avoid future increases, the Utilities now propose to purchase all four transformers needed for the two substations based on the current bid. An appropriation of$4,017,604 is needed to purchase the transformers, 376 July 1, 2008 install foundations,and supplement the original switchgear budget. The funds are available from prior year reserves in the Light and Power Fund. 21. First Reading of Ordinance No. 075,2008,Appropriating Unanticipated Grant Revenue in the Light and Power Fund for Energy Star/Energy Efficiency Programs and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget. This Ordinance appropriates funds received from three grants received from the State of Colorado's Governor's Energy Office totaling $75,000. Combined with the Utilities matching funds, $50,000 will be used for each of three programs: ENERGY STAR for New Homes,Home Performance with ENERGY STAR(for existing homes)and Residential Solar Program(Photovoltaic). 22. First Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown Development Authority Fund for Expenditure in Accordance with the Downtown Plan of Development. The Downtown Development Authority(DDA)is asking Council to appropriate$2,800,000 from the Downtown Development Authority Operations and Maintenance 2004A DDA Bond Project and the 2007A Bond Project fund for the purchase of the Elks building. The DDA Board has authorized the expenditure on this project. 23. First Reading of Ordinance No. 077, 2008, Amending Sections 2-30, 2-32 and 2-34 of the City Code Pertaining to Notice of Public Meetings of the City Council and City Council Committees. This ordinance makes several amendments to the provisions of the City Code dealing with the public notice requirements for regular and special meetings of the City Council. 24. Items Relating to the I-25/SH 392 Interchange and Improvements Project. A. Resolution 2008-058 Authorizing the Mayor to Execute an Amendment to the Intergovernmental Agreement Regarding Highway 392 Interchange Between the City, the Town of Windsor and Metro Acquisitions, LLC. B. First Reading of Ordinance No. 078, 2008, Authorizing the Transfer of Existing Appropriations from the General Fund to the Capital Projects Fund for the I-25 and SH392 Interchange and Improvements Project. This resolution authorizes an amended Intergovernmental Agreement between the Town of Windsor,City of Fort Collins,and the Developer(Metro Acquisitions,LLC)to share the cost of filing a Justification for Separate Action and processing a 1601 study for the 125 and SH 392 Interchange. Ordinance No. 078,2008 appropriates Fort Collins' portion of the cost for these processes. 377 July 1, 2008 The amended Intergovernmental Agreement divides the cost between Windsor,Fort Collins, and the Developer and increases the capped contribution from Fort Collins from$38,391 to $53,690. 25. First Reading of Ordinance No. 079,2008,Amending Section 4.5(b)of the Land Use Code of the City Pertaining to Shelters for Victims of Domestic Violence. This Ordinance will amend the permitted use list of the Low Density Mixed-use Neighborhood(L-M-N)to cap the number of residents in a Shelter for Victims of Domestic Violence allowed as a Basic Development Review at 15 clients. Also, the Ordinance will add Shelters for Victims of Domestic Violence allowed as a Type Two Review but with an unlimited number of clients. 26. First Reading of Ordinance No. 080, 2008, Authorizing the Conveyance of a Stormwater Filtration and Detention Easement at the Gardens on Spring Creek(Horticulture Center)to Colorado State University. CSU has approached the City with an interest in constructing a water quality control project to treat storm flows from CSU's main campus. The majority of the project will occur on CSU's property adjacent to the City's Horticulture Center property. However,due to design constraints, CSU is requesting a stormwater easement to accommodate a portion of this project on City property. The University has requested that the City convey a 28,581 square foot permanent easement for stormwater filtration and detention over a portion of the Horticulture Center property. 27. First Reading of Ordinance No.081,2008,Authorizing_the Conveyance of a Sanitary Sewer Easement and a Temporary Construction Easement on City Properly to New Belgium Brewing Company Inc. The City of Fort Collins Streets Department owns a parcel of land at 625 Ninth Street. The owner of the adjacent property, New Belgium Brewery, Inc., has asked the City to convey a sanitary sewer easement and a temporary construction easement on its property to connect the Brewery's new building to the City of Fort Collins sewer system. The Brewery has agreed to pay the City a fee of$1000 for the easements and to restore the easement areas when construction is complete. 28. First Reading of Ordinance No. 082, 2008, Vacating a Street Rieht-of-Way on Block 142 Established as Part of the 1873 Map of the Town of Fort Collins. This Ordinance vacates Lincoln Place right-of-way, located within Library Park, in preparation for the City's conveyance of a portion of the block to the Fort Collins Regional Library District. 378 July I, 2008 29. Resolution 2008-059 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create Art Elements for the Soapstone Prairie Natural Area Project. This Resolution approves expenditures of$26,595 for design, materials, installation and contingency for a project with the artist Robert Tully to create sculptural elements for the Soapstone Prairie Natural Area Project. 30. Resolution 2008-060 Establishing Fee Increases Charged by Fort Collins Police Services Relating to the Release of Criminal Justice Records. Approval of the change in the Fee Schedule will allow Fort Collins Police Services to comply with HB 08-1076, which will become effective August 6, 2008. 31. Resolution 2008-061 Making an Appointment to the Natural Resources Advisory Board. A vacancy currently exists on the Natural Resources Advisory Board due to the resignation of Ryan Staychock. Councilmembers Manvel and Troxell reviewed the applications on file and are recommending Phil Friedman to fill the vacancy with a term to begin immediately and set to expire on December 31, 2009. 32. Routine Easements. A. Easement for construction and maintenance of public utilities from Edwin and Rebecca harper Trust, and Scott Harper, for a right-of-way easement to provide additional electric power source for the southwest enclave annexation,located at 120 Palmer Drive. Monetary consideration: $2300. B. Easement for construction and maintenance of public utilities from Carl and Sharon Schell,for a right-of-way easement to underground existing overhead electric system for the southwest enclave annexation, located at 128 East Trilby. Monetary consideration: $900. C. Easement for construction and maintenance of public utilities from Grandbois Properties, for a right-of-way easement to underground existing overhead electric system for the southwest enclave annexation,located at 6520 South College Avenue. Monetary consideration: $6000. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 059, 2008, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. 379 July 1, 2008 8. Second Reading of Ordinance No. 060, 2008,Appropriating Unanticipated Revenue in the General Fund for the Purchase, Training and On-going maintenance of the E911 and Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center. 9. Items Relating to the Completion of the Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant(CDBG) and Home Investment Partnership (HOME) Programs, and the City's Human Services Program and Affordable Housing Fund. A. Second Reading of Ordinance No.061,2008,Appropriating Unanticipated Revenue in the Community Development Block Grant Program. B. Second Reading of Ordinance No.062,2008,Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the HOME Investment Partnership Program. 11. Second Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code Concerning the Obligation for Construction of Streets. 12. Second Reading of Ordinance No.066,2008,Authorizing the Purchasing Agent to Enter into a Lease-Purchase Financing Agreement for Vehicles and Equipment. 13. Second Reading of Ordinance No. 067,2008,Expanding the Boundaries of the Fort Collins Downtown Development Authority(DDA)and Amending the Plan of Development of the Authority. 14. Second Reading of Ordinance No. 068, 2008,Designating the Myers House, 902 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 15. Second Reading of Ordinance No. 069, 2008, Designating the W. A. Hall House and Detached Garage, 910 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 16. Second Reading of Ordinance No.070,2008,Designating the Poole House,309 East Locust Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 17. Second Reading of Ordinance No. 071, 2008, Designating the H. H. Hale House and Detached Garage,529 South Whitcomb,as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 19. Second Reading of Ordinance No. 073, 2008, Making Various Amendments to the City of Fort Collins Land Use Code. 380 July 1, 2008 36. Second Reading of Ordinance No. 063, 2008, Appropriating Prior Year Reserves in the Stormwater Fund For Review of Stormwater Best Management Practices and Implementation of Low Impact Development Demonstration Projects. Ordinances on First Reading were read by title by City Clerk Krajicek. 20. First Reading of Ordinance No. 074, 2008 Appropriating Prior Year Reserves in the Light and Power Fund for Capital Expansion at the Portner Substation and Capital Additions to the Timberline Substation. 21. First Reading of Ordinance No. 075,2008, Appropriating Unanticipated Grant Revenue in the Light and Power Fund for Energy Star/Energy Efficiency Programs and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget. 22. First Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown Development Authority Fund for Expenditure in Accordance with the Downtown Plan of Development. 23. First Reading of Ordinance No. 077, 2008, Amending Sections 2-30, 2-32 and 2-34 of the City Code Pertaining to Notice of Public Meetings of the City Council and City Council Committees. 25. First Reading of Ordinance No. 079, 2008,Amending Section 4.5(b)of the Land Use Code of the City Pertaining to Shelters for Victims of Domestic Violence. 26. First Reading of Ordinance No. 080, 2008, Authorizing the Conveyance of a Stormwater Filtration and Detention Easement at the Gardens on Spring Creek(Horticulture Center)to Colorado State University. Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Item #19 as revised and all items not withdrawn from the Consent Calendar. Yeas:Brown,Hutchinson,Manvel, Ohtson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Staff Reports Mark Jackson, Transportation Group Director, introduced Joe Olson, new City Traffic Engineer. City Manager Atteberry noted Allstate Insurance recently named Fort Collins as the second safest city for driving in the United States for the third consecutive year. City Manager Atteberry stated the "Tour de Mason," a tour of the Mason Corridor for developers, investors, and real estate brokers was well received, with 125 individuals attending the tour. 381 July 1, 2008 Kelly DiMartino, Communications and Public Involvement Director, stated the branding project, which included development of a new logo for Fort Collins, began in 2005 with a citizen advisory committee that recommended a community branding initiative, which was funded in the 2007 budget. The research done for this project is now used to market tourism, business retention and expansion, and other recruitment efforts. Part of the branding initiative looked at the City logo. A logo communicates a message and tells a story to the community and external audiences. It is an identifier and helps people clearly recognize City vehicles,employees,correspondence or property. The current logo has been used for 35 years and the branding initiative indicated it was time to update the logo image. Much of the City's equipment and signs is ready to be replaced within the existing maintenance schedule, so timing is right to make a logo change. When the new logo was first unveiled,many concerns were raised by the community. The decision was made to put the new logo on hold and ask the community for more input. Staff led an extensive public participation process that produced thousands of comments and public input. Linden, a local design firm, volunteered its time to help to sift through public feedback and it also did some design work on a potential logo. The themes that developed from the feedback were that Fort Collins is a friendly place,vibrant, environmentally conscious and is a beautiful community and the logo should reflect those themes. Three logo options were designed and community input was gathered. The input was evenly divided between the three choices. After reviewing the comments, the City Manager chose the revised version of the new logo which will be placed on City property in phases over a period of eight years. City Manager Atteberry stated the current logo needs to change as it does not meet the needs of the City. Asking the public for input has resulted in a much better product than the new logo first proposed. He thanked Linden for its work in the process. Councilmember Brown asked for the schedule to replace the logo on City property. DiMartino stated a schedule has been developed that would replace letterhead over a two-year period,uniforms would be replaced over a three-year cycle and building signage will take up to eight years to completely replace. City Manager Atteberry stated all electronic communication will use the new logo immediately. Purchase of many items containing the City logo has been on hold until this decision was made, so the new logo should be quickly visible to the public. Councilmember Reports Councilmember Poppaw attended the Columbine Health System's Lifestyle Run/Walk, and the proceeds were donated to the Larimer County Parkinson Support Group. Councilmember Manvel attended Colorado Municipal League conference sessions. One session discussed the problems of municipal finance and the loss of sales tax bases. Another session was about the redevelopment of Villa Italia in Lakewood as a multi-use area. Mayor Hutchinson stated he was re-elected to the CML Executive Board for a two-year term. 382 July 1, 2008 Ordinance No. 063,2008, Appropriating Prior Year Reserves in the Stormwater Fund For Review of Stormwater Best Management Practices and Implementation of Low Impact Development Demonstration Projects,Adopted on Second Reading The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Council has asked for a review of the City's Stormwater Best Management Practices. City staff has requested assistance from Colorado State University. This Ordinance, adopted on First Reading on June 3, 2008 by a vote of 6-0 (Councilmember Troxell withdrew due to a conflict of interest), appropriates$303,012 from Stormwater reserves to fund the services to be provided by the Urban Water Center at Colorado State University. " Councilmember Troxell withdrew from the discussion of this item due to a conflict of interest. Councilmember Ohlsonasked ifCSU's recommendations and suggestions that result fromthis Study would be impartial and will list the best information possible to have state-of-the-art best practices management implemented. City Manager Atteberry stated the City does enjoy a strong relationship with CSU, but it does not hesitate to disagree with the City if necessary. Jim Hibbard, Water Engineering and Field Service Manager, stated the process has already started and CSU staff has been honest and open with staff,pointing out things that need to be done better. The manager of the project, Dr. Larry Roesner, Director of the Urban Water Center, is well credentialed and has years of experience in both the private sector and higher education. His staff and graduate students will provide expertise that will lead to changes in stormwater practices. Councilmember Roy asked for a history of the worksites where CSU has gathered its expertise. Hibbard stated CSU is currently conducting a study on life cycle costing of stormwater best management practices, commissioned by the Colorado Stormwater Council. Dr. Roesner has devoted many research hours and projects to stormwatcr best management practices and,in private practice, has worked across the United States and internationally, on best management practice research projects. Councilmember Roy asked if changes that might result from this Study would affect the Red Fox Meadows Project, currently underway. Hibbard stated Dr. Roesner has already advised staff on several components of the Red Fox Meadows Project and his suggestions have been incorporated into the Project. Councilmember Ohlson made a motion,seconded by Councilmember Roy,to adopt Ordinance No. 063, 2008 on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 383 July 1, 2008 Resolution 2008-062 Repealing Resolution 2004-082 and Adopting a New West Nile Virus Management Policy,Adopted The following is staff s memorandum on this item. "FINANCL4L IMPACT The West Nile virus management program is currently funded at$235,228 for 2008 and$239,932 for 2009. Many of the recommendations detailed within this Agenda Item Summary have little or no financial impact. The estimate for implementation of the remaining recommendations is as follows: 2008 one time 2009 one time 2010/on oin Additional public education $11,000 $ 11,000 $11,000 Quality Control $8,000-10,600 $8,000-10,600 $8,000-10,600 Testing of samples (status NA-CDC $21,000-42,000 $21,000-42,000 quo) contribution One time technical research $3,000 NA NA Budget for adulticiding $49,500 (if/when needed (ongoing budget) Budgetfor reverse 9-1-1 $18,500 i/when needed on oin bud et EXECUTIVE SUMMARY The overall goal ofthe West Nile Virus Management Policy is to reduce the risk ofhuman West Nile virus infection while limiting adverse human health and environmental impacts. In December 2007 the City Manager formed a West Nile Virus Technical Advisory Committee for the purpose of reviewing and making recommendations about the City's policy and practices related to West Nile virus mitigation. The Committee has finalized its review and made a number of recommendations. City Council discussed the Committee's findings at work sessions on April 22, 2008 and June 10, 2008 and directed staff to bring forward a resolution formally adopting a West Nile Virus Management Policy. BACKGROUND West Nile virus was first detected in Colorado in late summer of 2002 and an initial outbreak of infection occurred in the Fort Collins area in 2003. The City's policy for responding to West Nile virus evolved through a series of operational experiences and reviews with City Council, beginning in 2003. The City employs abroad based,prevention focused management program that includes public information and education, adult and larval mosquito population monitoring, and direct larval control (also known as Iarviciding). Additionally, the City has implemented adult mosquito control by spraying (also known as adulticiding) as an emergency response to increasing human health risks in some years. 384 July 1, 2008 It is generally accepted that West Nile virus will be present in the Fort Collins area for the foreseeable future. Following the 2007 season, the City Manager decided to form a Technical Advisory Committee for the purpose of reviewing and making recommendations about the City's currentpolicy and response plans. The Committee has met regularly since January 2008 discussing the various program components, reviewing research and consulting with outside experts. Program Recommendations The Committee's findings and recommendations were discussed by City Council at work sessions on April 22, 2008 and June 10, 2008. Many thoughtful recommendations were made by the Committee during the course of the last six months. After careful deliberation, the City Manager and staff consider the following to be those of highest priority: 1. Adopt a written West Nile Virus Management Policy. Currently the City has a detailed operational plan explaining how the threat of West Nile virus is managed, and a 2004 resolution establishing guidelines for undertaking measures to help control the West Nile virus. The proposed WestNile Virus Management Policy includes a stated goal and outlines key elements for the City Manager to implement, including public education, larviciding, mosquito management and use of adulticides. Two policy options for Council consideration are discussed in detail later in this document. 2. Enhance public education and outreach in order to better inform citizens about the threat of West Nile virus and how they can protect themselves. Work is underway to increase the effectiveness of West Nile virus messaging and reach a broader audience through print ads, radio spots, the internet, etc. By adding a seasonal public relationsfield technician, the City could more effectively reach citizens at a variety of outdoor venues, providing samples of approved repellents and distributing materials on West Nile virus. The City's contractor, Colorado Mosquito Control, has committed to upgrading their website to include more information on mosquito test results and locations, and to ensuring the information is kept current, especially during times of higher risk. 3. Provide a mechanism for oversight into the process so that all operations, including adulticiding, are not the responsibility of a single contractor. The desire for independent oversight was identified by both the Technical Advisory Committee and City Council. Staff recommends that some or all of three components be implemented: a. Add a seasonal City employee charged with conducting Quality Control of larviciding and adulticiding operations. This trained individual would assess the efficacy of larvicide treatments and adult mosquito surveillance (trapping) independent of the contractor and report the results directly to the City. If adulticiding occurs, he/she also would set traps to determine the reduction ofCulex 385 July 1, 2008 mosquito densities and check to ensure that treatments are done at the proper time and under the proper conditions. b. Retain a separate contractor for adulticiding services, should they be needed. There are only two other local companies licensed by the State of Colorado to conduct adulticide operations. Both companies have been contacted and each has stated that they do not have the capability to meet Fort Collins'adulticiding needs. Staff will continue to investigate the possibility of working with other companies in the region or state, and seek further advice from the Technical Advisory Committee. While it is feasible that changes could be made this season, the more likely outcome is that options would need to be developed this year and implemented in 2009. C. Continue the practice of having an independent party test mosquito samples to determine infection rates and verify identifications of the mosquitoes in the pools. The Centers for Disease Control(CDC) has donated these services to the City since 2003, however this will end at the end of 2008. City staff will continue to actively explore options for 2009 and beyond. One promising proposal is being developed by the Colorado State University Department of Microbiology, Immunology & Pathology. Depending on the cost of continued testing, the City may have to consider reducing the number of sites. Staff hopes to consult further with the Technical Advisory Committee to evaluate options. 4. Conduct one-time research to better determine the source of infected adult mosquitoes. A technical researcher can determine if there is a benefit to extending the buffer zone around some areas of the city, and whether or not backyard larval habitats are a significant source of infected mosquitoes. This, in turn, would help guide decisions about other potential larviciding practices (e.g. use of helicopters for larviciding, different products, etc.) 5. Amend the Code definition of"public nuisance"to include stagnant water creatingpotential larval habitats for disease carrying mosquitoes. Though voluntary compliance is currently very high, this would provide the means to mitigate a problem property should an owner not respond to requests to do so. The primary emphasis would be to educate the public and proactively mitigate problem sites. Code enforcementstaffanticipate that the number ofcases generated by thisprovision would be less than 20 over the course of a summer, and that they would be able to handle this increase with existing code compliance staff as currently budgeted. 6. Conduct a survey to assess current public awareness of West Nile virus and opinions about the use of adulticides. The survey questions and methodology would require professional review to ensure objectivity. One low-cost and effective option is to include questions about West Nile virus on the next City-wide citizen survey, scheduled for late 2008 or early 2009. 386 July 1, 2008 7. The City Manager should appoint an ongoing Technical Advisory Committee to annually review the prior season and make recommendations to improve the efficacy of the program. Existing Committee members have expressed interest in participating in this effort. 8. Document the current design of the surveillance program and trapping grid, including the number of trap sites, types of traps used and number of trap nights per week This provides data that contributes to decisions regarding the level of risk This recommendation was discussed by the Committee early in the year and Colorado Mosquito Control staff have since compiled this information. 9. Change the current policy on adulticiding to include additional review by a West Nile virus advisory panel, and include funding for adulticiding in the ongoing City budget in future years. This recommendation (also referred to as "Option C" in the June 10, 2008 work session materials) is discussed in more detail in the following section. Many ofthese recommendations can be implemented at little or no cost. Others require additional funding, as outlined in the table below. The current funding for the West Nile virus management program comes from a combination of the General Fund, Storm Water Fund, and Natural Areas Fund. The Natural Areas fund has agreed to contribute the $11,000 recommended for additional public education(item 2), the Storm Water Fund has agreed to contribute $10,000 towards the cost of laboratory testing(item 3c), and the remaining costs would need to be covered by the Community Opportunities funds in the General Fund. The ongoing costs for adulticide operations would be considered for the 2010-2011 budget using the Budgeting for Outcomes process. Cost of recommendations Recommendation 2008 one time 2009 one time 2010/ongoing 2. Additional public $11,000 $11,000 $11,000 education 3a. QualitV Control $8,000-10,600 $ 8,000- 10,600 $ 8,000-10,600 3c. Testing of samples None- CDC $21,000-42,000 $21,000-42,000 statusquo) contribution 4. One time technical $3,000 NA NA research 3c. Budget for adulticiding $49,500 (if/when needed on oin 3d. Budget for reverse 9-1-1 $18,500 i/when needed on oin Current budget and funding sources Fund Source 2008 2009 General Fund $ 135,8341 $138,561 387 July 1, 2008 Storm Water Fund 9,9971 10,19 Natural Areas Fund 89,3971 91,174 Total $235,2281 $ 239 932 Use of A dulticides and Policy Options Despite efforts to mitigate the threat of West Nile virus through public education, mosquito trapping and testing, and larval control, the City has deemed it necessary to apply adulticides in some years in order to avert a public health emergency. Much of the analysis of the Technical Advisory Committee focused on weighing the risks of West Nile virus against the risks of the pesticides used in adulticiding. The Committee reviewed a number of studies(some recently published), consulted with outside experts and brought their individual expertise and experience to the table. The Director of the Larimer County Department of Health and Environment is the local authority in evaluating public health risks. As the season progresses, the Director uses a number of data sources to assess the developing threat and consults with a variety of people and organizations, including staff from the CDC, Lorimer County and Colorado State University. Data sources include: • The number and location of infected mosquitoes. • The number ofhuman cases. • Blood donor data from the State blood bank. • The Vector Index, a measure of the density of infected mosquitoes in the community. • Historic data on epidemic years, non-epidemic years and in-between years. • Weather, including how it influences monitoring and impacts the Vector Index. Ifthe Director deems it necessary, he/she recommends to the City Manager that the City implement adulticiding operations. The decision ofwhether or not the City will apply adulticides resides with the City Manager. If the City Manager decides to proceed, City adulticide operations are based on the following protocols: • Adulticiding is targeted to areas where trapping and testing data indicate high levels of infected Culex mosquitoes. • The City uses truck-based adulticide applications, not aerial applications. • Public notice ofadulticiding operations isprovidedthrougha number ofchannels, including subscription notification services and reverse 9-1-1. • The City does not spray near individuals who are registered with the State of Colorado as being chemically sensitive. There are currently 10 local residents on the State Pesticide Sensitive Registry. • The City does not allow individual members of the public to "opt out" of the spraying program. People were permitted to opt out in 2003, but this practice was later discontinued because it reduces the efficacy of adult mosquito control. 388 July 1, 2008 Adopting the West Nile Virus Management Policy Two separate versions ofthe West Nile Virus Management Policy and corresponding resolution are being presented for Council consideration. Each version includes a broad-based policy with the goal of reducing the risk of human West Nile virus infection while limiting adverse human health and environmental impacts. The two versions differ in their approach to adulticiding. At the June 10, 2008 work session Council was presented with four options for adulticiding, labeled Option A, B, C and D. Council directed staff to bring Options B and C forward for further consideration. Option B states that adulticiding is considered only as an emergency response to demonstrated increases in West Nile virus risk, and the recommendation comes from the Director of the Lorimer County Department of Health and Environment. It also clarifies that the final decision of whether or not to adulticide remains with the City Manager. Option C is the same as Option B with one difference: Option C adds a review by a City Manager-appointed three person advisory panel. Attachment 1 discusses the role of the proposed West Nile virus advisory panel (Option Q in more detail. While Option Cis not the first choice ofevery member ofthe Technical Advisory Committee, all agreed that Option C would be an acceptable alternative, with the caveat that the funds needed for adulticiding should be included in the ongoing budget in future years. Council, staff and citizens have invested a great deal of time studying and discussing the City's response to the threat of West Nile virus. A memorandum summarizing several follow-up itemsfrom the June 10, 2008 work session on this topic, and responses to Council questions, is included as Attachment 2. In closing, staff would like to again recognize and thank the members of the Technical Advisory Committee for the many hours of study and discussion they have devoted to this analysis. Our community has benefited greatly from their expertise, and we are grateful for their many contributions to this important issue. " Wendy Williams, Assistant City Manager, stated 2003 was the first year the West Nile virus was detected in Fort Collins and a policy was developed that was intended to manage the spread of the disease and focus on prevention. The current Policy attempts to reduce the infection rate in a way that minimizes the impacts on human health and the environment. The Policy focuses on public education, mosquito surveillance, trapping, testing and larval control. Some adulticiding has occurred related to emergency response and is not done routinely. In 2007, a severe outbreak occurred and adulticiding did occur. As a result, Council directed the City Manager to establish an advisory group to examine the City's program. The group reviewed the City's practices and the literature available on West Nile Virus. Tess Heffernan,Policy and Project Manager,discussed the program recommendations are proposed, based on the direction received from Council at work sessions and the research done by the technical advisory group. One recommendation is to formally adopt a written policy that clearly defines the 389 July 1, 2008 program elements and clarifies that the City Manager oversees the operation of the program. Another recommendation is to devote additional resources to public education. One set of recommendations provides oversight so all the operations are not the responsibility of a single contractor. An additional seasonal staff,independent of the contractor, should be added to conduct quality control operations to test the results of larviciding and adulticiding. A separate contractor should be retained to adulticide. This recommendation cannot be implemented this year as there are only three licensed contractors that can adulticide and two of those contractors have stated they do not have the capability to treat Fort Collins. The third is the current contractor. Independent testing on mosquito samples should be continued. The Center for Disease Control has done mosquito testing, free of charge, for the City since 2003, but that service will no longer be offered after this year. Another recommendation is to conduct research so the source of infected mosquitoes can be better understood to aid in larviciding. The City Code should be amended to include stagnant water that creates a potential habitat for mosquito breeding in the definition of a public nuisance. A survey should be conducted to examine current public awareness and opinions about West Nile Virus and adulticiding. An ongoing technical advisory committee should be appointed to annually review the prior season so the efficacy of the program continues to improve. The current design of the surveillance program and trapping grid has been documented by Colorado Mosquito Control, the contractor,at the recommendation of the advisory group. Another recommendation is to change the policy on adulticiding to include an additional level of review by a West Nile Virus advisory panel. The technical advisory committee has reviewed literature and research and spoken with outside experts on adulticiding to develop a policy that balances the human health risks from West Nile Virus and the human and ecological health risks from the pesticides to reduce the adult mosquito populations. The decision to apply adulticides is made by the City Manager after the Larimer County Department of Health and Environment recommends implementing adulticide operations. Adulticiding is done by fogging trucks driving city streets and trails and targets only those areas where there are high levels of Culex mosquitoes. The public is notified but individuals do not have the option of"opting out" of the spraying operation. The City does not spray near residents listed on the State Pesticide Sensitive Registry. The City has a process to avoid any pesticide application within 300-400 feet of the property of those residents on the Registry. Mike Calhoon, Parks Crew Chief, stated wind speed and direction is taken into account when spraying near those listed on the Registry. Spraying is done at night. Heffernan stated two options of the West Nile Management Policy are presented to Council for its consideration. Both options include the goal ofreducing the risk ofhuman West Nile Virus infection while limiting adverse human health and environmental impacts and focus on public education, ongoing mosquito monitoring and testing, aggressive larval control, periodic program evaluation and, when needed, adulticiding as an emergency response to an elevated risk. Option B includes a recommendation for adulticiding that comes from the Latimer County Department of Health and Environment. In Option C, the recommendation for adulticiding comes from the Larimer County DHE and adds a review of that recommendation by a 3-person,City appointed,advisory committee. The final decision to adulticide rests with the City Manager in both options. 390 July 1, 2008 Vivian Armendariz, 820 Merganser Drive, supported spraying mosquitoes to control West Nile Virus. Yvonne-Ruth Longacre, 1550 Blue Spruce Drive, asked what pesticide is used in adulticiding. Kevin Cross, 300 Peterson,did not support either option of the Policy as both authorize spraying of adult mosquitoes. The pesticide is a known carcinogen and is toxic to fish and beneficial insects. All citizens should be given the option to opt out of the spraying program. Greg McMaster, 1409 Skyline Drive, Air Quality Advisory Board vice-chair, stated the Board recommends Council adopt Option C, give consideration to allowing citizens to opt out of the adulticiding program and reevaluate the West Nile Virus Policy as new information and technology emerges. William Grush,6332 Westchase Road,stated individuals should not be allowed to prevent spraying in entire neighborhoods. He did not support an opt out option from a spraying program. Randy Marshall,6239 Westchase Road,did not support an opt out option from a spraying program. Clint Skutchan,719 Great Plains Court,Executive Director of the Larimer County Medical Society, stated the Society supports spraying of adult mosquitoes to reduce the number of human West Nile Virus cases in the area and using an advisory panel to review any recommendation from Larimer County Department of Health to spray adult mosquitoes. The advisory panel should include medical professional who would review the recommendation from the public health perspective. Nancy York, 130 South Whitcomb, supported spraying only in specific areas where the greatest number of infected mosquitoes are located and allowing people to opt out of any spraying program. Councilmember Poppaw asked how long the permethrin stays on yards and outside equipment. Dr. Chet Moore, West Nile Technical Advisory Committee member, stated the length of time before permethrin breaks down depends on where it is and how it is applied. Ultra-low volumes are used for mosquito control and it dissipates quickly,within 24 to 36 hours. If the insecticide is bonded into the soil or in sediment in a water body, breakdown is quite slow. Councilmember Troxell stated natural permethrins exist in the environment and asked what is a person's daily exposure to permethrins without any spraying. Dr.Moore stated the relative amount of permethrin exposure that comes from mosquito control operations is very small compared to exposure to permethrins in food or in lawn and garden applications. Organic crop production uses natural permethrins. Agriculture applications of permethrin run 20-40 times higher than the amount of permethrin used for mosquito control. Large volumes of water containing permethrin are applied in agricultural settings which puts a large amount of water-based material that binds to the crop. When used for mosquito control,permethrin is fractured into tiny droplets that drift through the air and is used in ultra-low volumes so the concentration is considerably less. 391 July I, 2008 Councilmember Roy asked how a person might ingest permethrin from spraying and how long it would last in the body. Dr. Moore stated a person involved in activities outside while spraying is occurring could inhale permethrin or have contact through their skin but they would probably not come in contact with the pesticide if they were inside with the windows closed. Dr. Adrienne LeBailey, Director of Larimer County Department of Health and Environment, stated the body breaks permethrin down into less toxic metabolites very rapidly. Councilmember Roy requested information from a toxicologist about how long permethrin lasts in a human body. He asked if homeowner associations had also applied pesticides and if the City would spray in those same areas and what the dosage would be with a private application. Heffernan stated some neighborhoods do spray to control nuisance mosquitoes and not for disease control. Two of the three licensed contractors in the City have stated they would not spray a homeowner association area if they knew the City would be spraying. There is no guarantee that spraying would not be duplicated. Calhoon stated any application in an HOA would be restricted by the label rate, which is the same dosage the City's contractor uses. The contractor must be licensed to apply the pesticide application. Councilmember Brown asked what would qualify someone to register with the State Chemical Sensitivity Registry. Calhoon stated the application for the Registry is through the Colorado Department of Agriculture and requires documentation from a physician that a chemical sensitivity exists. It is an extensive application. Councilmember Brown asked if allowing people to opt out would negate the benefits of spraying across the city. Dr. Moore stated allowing areas not to be sprayed creates holes where infected mosquitoes could exist. Those mosquitoes could then fly to other areas and continue transmitting the virus. An opt out option would make the spraying program less effective. Councilmember Poppaw asked if spraying only specific areas and not the entire city would create the same effect as allowing people to opt out since mosquitoes could move to another area. Dr. Moore stated the surveillance and testing program should map where there is much virus activity. Adulticiding is used to eliminate virus-infected mosquitoes by targeting the area that has the largest concentration of infected female mosquitoes bit the intent is not to kill all mosquitoes. An area with a large population of Culex mosquitoes that are not infected with West Nile virus would not need to be sprayed; however, those mosquitoes could move to another area and be a problem later. Allowing people to opt out of a spraying program creates many small holes scattered through the community whereas the strategy of spraying certain areas that have high populations of infected mosquitoes will cover a large area, approximately one-fourth of the area of the city. Councilmember Brown stated one house in the Westchase neighborhood was listed on the Registry and he asked why the remainder of the neighborhood outside of the 300 foot buffer was not sprayed in 2007. He asked if there was an option for someone to ground spray an area around a home listed on the Registry. Calhoon stated in 2007, the wind speed changed the night the application was sprayed after the truck had passed the Westchase neighborhood. The trucks doing the spraying 392 July 1, 2008 operation keep moving on their routes and typically do not backtrack. The ultra-low application process used for spraying is not designed for hand-application. Councilmember Brown asked if the current population of mosquitoes contained many Culex mosquitoes. Calhoon stated the Culex population was low at the moment, but will increase as the Poudre River levels drop. Councilmember Brown asked for the time frame for spraying, once Larimer County DHE recommends that action and how quickly would the advisory panel give its recommendation to the City Manager. Heffernan stated the City needs to spray within 24 hours of the recommendation so the advisory panel would need to give its recommendation within that time. Councilmember Ohlson asked what was the size of the buffer around a chemically-sensitive home. Calhoon stated the size of the buffer depends on wind speed and direction as the intent is to not allow any spray to drift onto the excluded property. Councilmember Ohlson stated citizens need to be informed if they live in an area that was not sprayed due to the presence of a chemically-sensitive property and asked if this information would be provided as those citizens need to take greater precautions. Calhoon stated notification was not given last year to those households located in a zone that was not sprayed. Heffernan stated one suggestion given to provide this information is to send a letter early in the mosquito season to households in close vicinity to a home on the Registry, stating those households would not be in the spraying zone. Councilmember Manvel asked what percentage of streets were sprayed in 2007. Calhoon stated the entire city was sprayed in July 2007. In August,a smaller section in the northeast section of the city was sprayed. The data gathered from the monitoring stations determines what areas need to be sprayed. Councilmember Manvel stated the State's Chemical Sensitive Registry specifically states it does not pertain to mosquito spraying. Calhoon stated the Registry excludes the public health application to prevent the creation of holes in a spraying application done for public health reasons and limit the efficacy of the application. Councilmember Poppaw asked if a certain number of homes in an area could opt out of the spraying program without affecting the efficacy of the program. Calhoon stated an opt out option needs to contain parameters that would limit the distance from the property opted out so a mapping strategy of spraying could be done. If the limit was a property line,the property would still be sprayed even if the sprayer was turned off as it drove past the property. The application is designed to float in a fog and it would get on the opted out property. A large buffer zone is created around a chemically sensitive home to prevent the fog from landing on that property. Councilmember Poppaw asked how many homes opted out of the spraying done in 2003. Heffernan stated approximately 3% of homes were not sprayed in 2003. 393 July 1, 2008 Councilmember Poppaw asked if using reverse 911 to notify people of spraying in their area would include cell phone numbers and the message in Spanish and other languages. Heffernan stated the message could be given in Spanish. Reverse 911 does not call cell phones so a large number of people would not be notified. The City offers a registry for people who want to be notified of any spraying in the City. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Manvel asked if a person can contract West Nile more than once and what percentage of the people in Fort Collins have contracted West Nile. Dr. LeBailley stated it was not clear whether a person can contract West Nile more than once. There are regional variations in the West Nile virus that could possibly re-infect a person. More people have been infected than have become sick as only 20-25%of people bitten and infected have signs of illness. Approximately 5% of the population has been infected. It is unknown what the long term affects of West Nile virus are and even people who were infected but were asymptomatic could develop problems in the future. Councilmember Manvel asked if the spray trucks could sound an alarm or make noise to alert residents when they are in a neighborhood. Calhoon stated a beeper or an alarm from the truck could be a possibility. The trucks usually begin spraying around 8:30 p.m. and run for several hours. City Manager Atteberry stated a beeper or alarm noise late in the evening might cause complaints from many residents so caution would be needed in using any form of alarm. Councilmember Poppaw asked how the residue from the spray could be removed from one's property. Dr.Roger Nasci,CDC Entomologist,stated there is no evidence that any residue from the pesticide spray poses any significant health risk. Washing outdoor furniture and equipment with water should be sufficient to remove residue. Councilmember Troxell asked if more harm would be done by spraying than by not spraying. Dr. LeBailley stated a CDC study has indicated metabolites from ultra-low volume pesticide spraying do not linger in the human body and spraying for public health is a greater benefit than not spraying. One study from Sacramento County published May 2008,examined the effectiveness of adulticide spraying and showed the rate of West Nile virus disease was six times lower in the area if adulticide spraying was done than in an area that was not sprayed. Personal responsibility plays a part in avoiding West Nile virus as people need to use repellents or stay inside at night. The risk of spraying is less than the risk of contracting West Nile virus and brings a public health benefit to the community. The West Nile virus can cause encephalitis and paralysis that can impair a person for a long time. The fever caused by the virus can have long term effects. About 75%of people infected may not have acute symptoms that appear. Councilmember Ohlson asked if the City sprays less than the recommended amount of pesticide and if the City does any nuisance spraying on parks or golf courses. Calhoon stated the product label does allow for a larger amount of pesticide to be sprayed than City chooses to use while maintaining efficacy of the pesticide. No nuisance spraying is done on City property and a local private golf course also does not do nuisance spraying. 394 July 1, 2008 Councilmember Ohlson asked what steps were being taken to lessen the amount of permethrin in other chemical applications on City property. City Manager Atteberry stated an assessment is being done throughout the City to determine what chemicals are being used on City property. Councilmember Ohlson asked what measures were in place to ensure the most up-to-date techniques and technologies are used in the application of pesticides. Heffernan stated the science and information surrounding adulticiding continues to improve and the technical advisory panel wants to continue meeting on an on-going basis to review new literature and scientific findings to improve the efficacy of the City's program. City Manager Atteberry stated periodic review of new information is important in aiding his decision about spraying. Councilmember Ohlson asked for information on how other communities regulate or control private nuisance spraying of mosquitoes and how to prevent spraying by both an HOA and the City at the same time. City Manager Atteberry noted Fort Collins is a front-runner in its policy on controlling the West Nile virus and other communities in Colorado have contacted Fort Collins about the steps the City has already taken. Staff would consult other communities about their policies. Councilmember Ohlson stated prevention was an important part of lessening the risk of West Nile virus and he asked if insect repellant could be made available to low-income households on a no-cost or low-cost basis. Heffernan stated the Technical Advisory Committee considered ways to provide information about repellants to the public, but did not specifically discuss providing repellants to low-income households. Funds are included in the proposed budget for this project to allow for the purchase of free samples to be given to the public and raise awareness of the need to use insect repellants. Mayor Hutchinson asked if spraying specific areas with known populations of infected Culex mosquitoes gives protection to people in the community even if their front yard was not sprayed. Calhoon answered in the affirmative. Councilmember Roy asked what percentage of mosquitoes are killed in a spraying operation in a targeted area. Heffernan stated she did not have that information. Councilmember Manvel made a motion,seconded by Councilmember Ohlson,to adopt Resolution 2008-062, Option C. Councilmember Manvel noted the Policy being adopted does not include the details of a spraying operation. Councilmember Poppaw offered a friendly amendment to the Resolution to add a"whereas clause" above the last"whereas clause"that reads"Whereas,the City Council has determined that,in order to accommodate persons who do not wish to have adulticides in the vicinity of their homes,the City Manager shall include a program for receiving notification from such persons and modifying the City's spraying program to exclude their residences as part of the implementation of the West Nile Virus Management Policy. The amendment would also add to the West Nile Virus Management 395 July 1, 2008 Policy(at the end of the next to last paragraph), the following sentence: "In any program to apply adulticides,the City Manager will respond to requests from citizens for exclusion of their residences from the spraying area by designing the City's spraying program to avoid spraying at or adjacent to those residences to the extent reasonably practicable." Councilmember Manvel did not accept the friendly amendment. The City is helping the public with its program and is only spraying in a minimal way when necessary. Preventative measures can help but are not foolproof in preventing mosquito bites. The City does not have many choices to combat the spread of infected mosquitoes and spraying after the recommendation from the County is received and reviewed by a professional advisory committee is an appropriate response in protecting public health. Councilmember Roy stated there is no body of data to indicate the long-term effects of pesticide spraying on human health and adding more chemicals to the environment does not seem to be a wise move. Personal responsibility is important and people need to use preventative measures in preventing the disease. He did not support adulticide spraying in any form. Councilmember Brown thanked the members of the advisory committee for donating their time and expertise to develop the Policy. He requested the buffer zones around chemically sensitive households that are excluded from spraying be tightened so more homes around the excluded property are not excluded by default. Adoption of the resolution will aid in protecting the public health of the residents. Councilmember Poppaw stated it is important to many citizens to have the option to opt out of spraying. The Air Quality Board also recommended allowing an opt-out option. Councilmember Ohlson stated the majority of citizens wants a Policy that includes public education and outreach, high level monitoring for a high number of infected mosquitoes, larviciding, and adulticiding as a last resort, done in the safest possible way. Councilmember Troxell stated the City has benefitted from the expertise available on the technical advisory committee and the Policy that has been developed will help protect the citizens. Councilmember Poppaw asked what citizens should do to protect themselves from being bitten by infected mosquitoes. Adulticide spraying is not the only solution to preventing West Nile virus. Calhoon stated adulticiding does not eliminate all mosquitoes,so there is always a risk when people go outside. People are most vulnerable at dawn and dusk and should wear long sleeves and pants, insect repellant or stay inside at those times. They should also remove standing water from their property to eliminate breeding places for mosquitoes. Mayor Hutchinson asked if the wetland located next to Westchase neighborhood was larvicided. Calhoon answered in the affirmative. 396 July 1, 2008 Mayor Hutchinson stated waiting until the benefits of spraying outweigh the risks was a wise decision. The decision to spray will be made based on data gathered and reviewed by experts and will be used as a last resort. Larviciding and personal responsibility are key elements of the Policy. The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and Troxell. Nays: Roy. THE MOTION CARRIED. Ordinance No. 076,2008, Appropriating Funds in the Downtown Development Authority Fund for Expenditure in Accordance with the Downtown Plan of Development. Adopted on First Reading The following is staff s memorandum on this item. "FINANCL9L IMPACT The DDA Board has authorized expenditure on the purchase of the Elks Building, 140 East Oak Street, in the amount of$2,800,000. The funds are currently available but require appropriation by City Council. EXECUTIVE SUMMARY The Downtown DevelopmentAuthority(DDA)is asking Council to appropriate$2,800,000from the Downtown Development A uthority Operations and Maintenance 2004A DDA Bond Project and the 2007A Bond Project fund for the purchase of the Elks building. The DDA Board has authorized the expenditure on this project. BACKGROUND The Downtown Development Authority (the "DDA') was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. Subsequent to that Plan, the City has adopted the Downtown Plan and the Downtown Strategic Plan. All three documents cite the need for and the pursuit ofa downtown hotel. The Elks building will be torn down(saving and recycling as much material as possible and minimizing the impact of local landfills)and the surface area will become public parking in conjunction with the hotel development. While the DDA originally intended to build a convention center on the Elks site, the hotel developer has agreed to add 7,000 square feet of meeting space within the hotel proper (in addition to the 5,000 square feet it has already committed to build). The DDA intends, with City Council approval, to use the saved funds for improvements to six alleys, the planning, design and construction of a year-round community 397 July 1, 2008 market, and to ensure the DDA planned amphitheater is built to the maximum benefit of the community. " City Manager Atteberry stated the purchase of the Elks Building is a significant step forward for the downtown area. The funds being used for this purchase are DDA funds and Council is required to approve those appropriations. The Elks Building will be demolished at a later date and be converted into a surface parking lot which would serve as a placeholder for a future use, possibly as a convention center. Acquiring this property and using it as a parking lot instead of immediately planning to build a convention center would allow the DDA to then focus on other priorities which are six alley improvements,a year-round community market place,and construction of a downtown amphitheater. Councilmember Manvel asked why it was necessary to acquire the Elks Building now if it was not being developed as a convention center. Matt Robenalt,DDA Project Manager,stated the proposal is to construct the underground parking facility beneath the existing Elks Building and engineer it so that a future convention facility could be constructed on top of the parking facility. The interim use would be surface parking on the roof of the underground parking facility. Purchase of this property is not providing Council approval of the proposed downtown hotel but the facility is integral to the downtown hotel project. If the hotel project does not go forward,the DDA would still demolish the Elks Building and use the property for parking. Councilmember Troxell asked for the length of time to construct the parking lot after the Elks Building was demolished and if the parking facility would be landscaped. Robenault stated the parking facility would be landscaped to the standards of the downtown zoning district. Once the Building was demolished, the project would probably be on hold until the hotel developer began construction on the overall site. The property would be fenced and gravelled during the interim time. City Manager Atteberry stated the site would not sit vacant for a long period of time. There is a development process for surface parking lots,including landscaping,curbs,guttering and pedestrian access, that needs to be followed. Councilmember Troxell stated most of the Building was destroyed in an explosion in the 1970s and he asked if there were historical or architectural aspects of the old building that were retained that should be taken into account before the Building is demolished. Joe Frank, Advance Planning Director,stated the explosion was mainly on College Avenue and did not cause much damage to the Elks Building. There are not any historical or architectural parts to the Building that need to be retained. The DDA has committed to deconstructing the Building and recycling those materials. City Manager Atteberry noted if the Building was acquired and left standing, it would need significant remodeling to make it useful to lease and generate revenues. Councilmember Troxell asked if the $2.8 million included the cost of demolition. City Manager Atteberry stated that was only the cost to purchase the property. Demolition estimates have not been received yet. 398 July 1, 2008 Councilmember Ohlson asked if purchasing the Elks Building at this point before the work session scheduled on the downtown hotel was appropriate. City Manager Atteberry stated the closing date for the sale of the Elks Building is set for August 22. If Council does not indicate its support for the downtown hotel after the work session on July 22,it could decide not to proceed with the purchase. The DDA Board might choose to continue with the purchase of this property,even if the downtown hotel development does not proceed, as the property could be developed for structured parking or other public/private partnerships with mixed-use development. Robenault stated the DDA Board would probably be interested in acquiring the property even if the hotel development does not proceed. While the Council consideration of this purchase might premature as it comes before the work session scheduled for July 22,the closing date for the sale was set to allow for other real estate transactions by the Elks are scheduled to occur and the approval of the appropriation is needed before the closing date. Councilmember Poppaw asked if the Elks would be renting the building for six months after the sale is completed. Robenault stated the sales agreement allows the Elks to stay in the building for up to six months and they would pay all the standard lessee fees such as utilities and insurance. Councilmember Troxell asked if the$2.8 million is currently available for this purchase and for an explanation of the request of the DDA for the issuance of City of Fort Collins taxable-subordinate tax increment revenue bonds in 2008 to fund project commitments. Robenault stated the DDA makes commitments to projects and does not release funds until projects are completed. Bonds are issued in anticipation of completion of those projects. The request for the issuance of these bonds will come from the DDA Board to Council in September and will be used to cover debt for projects the DDA has committed to over the past year. Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2008-076. Yeas: Brown,Hutchinson, Manvel, Ohlson, Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Brown reminded citizens to remember those serving in the military around the world while they are celebrating the Fourth of July. Councilmember Ohlson made a motion, seconded by Councilmember Roy,to adjourn the meeting to the conclusion of the Council work session on July 8, 2008 for the purpose of considering a possible executive session. Yeas: Brown,Hutchinson,Manvel,Ohlson,Poppaw,Roy and Troxell. Nays: none. THE MOTION CARRIED. 399 July 1, 2008 Adjournment The meeting adjourned at 10:00 p.m. Mayor ATTEST: City Clerk 400 July 8, 2008 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting- 10:10 p.m. An adj ourned meeting of the Council of the City of Fort Collins was held on Tuesday,July 8,2008, at 10:10 p.m.in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Brown, Hutchinson, Ohlson, Poppaw, Roy, and Troxell. Councilmembers Absent: Manvel Staff Members Present: Atteberry,Krajicek, Roy. Executive Session Authorized Councilmember Ohlson made amotion,seconded by Councilmember Roy,to adjourn into Executive Session under Section 2-31(a)(2)of the City Code for the purpose of meeting with the attorneys for the City to discuss potential litigation and related legal issues. Yeas: Councilmembers Brown, Hutchinson, Ohlson, Poppaw, Roy and Troxell. Nays: None. THE MOTION CARRIED. ("Secretary's Note: The Council adjourned into Executive Session at 10:10 p.m. and reconvened following the Executive Session at 10:50 p.m.) Adjournment The meeting adjourned at 10:50 p.m. Mayor ATTEST: City Clerk 401