HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/06/2010 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE M DATE: April 6, 2010 k, AGENDA ITEM SUMMARY -.,,
STAFF: Wanda Krajicek FORT COLLINS •
SUBJECT
Consideration and Approval of the Minutes of the March 2 and March 16, 2010 Regular Meetings and the March 9,
2010 Adjourned Meeting.
March 2,2010
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 2, 2010,
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, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, expressed concern about Council and City staff poorly
addressing feed-in tariffs.
Tom Weatherly,2550 Custer Drive,discussed home utility reports and expressed doubt about their
accuracy.
Brian Shaver, 261 Pine, stated home owners should be allowed to enroll to receive home utility
reports and expressed concern that residential utility usage details are not City business.
Stacy Lynne, 216 Park Street, stated the City uses social engineering to coerce residents and
expressed concern about the home utility reports as they relate to the International Council on Local
Environmental Initiatives (ICLEI) and the Global Reporting Initiative.
Barb Haggerty, 5133 Millstone Way,expressed concern about home utility reports and asked about
the costs for the program.
Rudy Zitti, 1626 Fantail Court, expressed concern about home utility reports relating to privacy
issues. He asked Council to re-evaluate its overreaching policies.
Vivian Armendariz, 820 Merganser Drive,thanked Joe Olson from the Engineering Department for
adding time to pedestrian crosswalks. She expressed concern regarding Council comments
regarding citizen input.
Cheryl Distaso, 135 South Sunset, Center for Justice, Peace, and Environment, stated her
organization is researching accessibility issues in Old Town businesses and has secured funding for
businesses needing temporary,portable ramps. The Center for Justice,Peace,and Environment will
also be working with the City's Historic Preservation Department to provide adobe workshops.
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Bruce Lockhart, 2500 East Harmony, encouraged citizens to attend the Plan Fort Collins event.
Shane Miller, 4325 Mill Creek, stated all forms of government are social engineering.
Bill Jenkins, 710 Mathews Street, urged Council to adopt item No. 9 on the agenda,Appropriating
Unanticipated Grant Revenue in the Transportation Services Fund to be Used for the 2010-2011
Fort Collins Bike Program, without any changes. He expressed support for Council's work.
Rick Price,Bike Fort Collins Boardmember, 1925 Wallenberg Drive,expressed support for Council
and pride in Fort Collins and thanked City staff for repairing potholes at Whitcomb and Prospect.
Citizen Participation Follow-up
Mayor Hutchinson asked that home utility reports be placed on the agenda for a Leadership Team
discussion and review by Council.
Councilmember Roy expressed concern regarding City staff s discussion of feed-in tariffs,or grid-
sharing. He thanked City staff for repairing potholes along Prospect.
Councilmember Kottwitz expressed concern regarding home utility reports and asked if it would be
possible for residents to opt-in to the program rather than opt-out. She asked why the information
is being gathered and asked about funding sources. She also asked if other utilities are doing similar
surveys. City Manager Atteberry replied there are other utilities across the country doing the survey
and noted the funds are coming from Utilities, not the General Fund. Other questions will be
answered at a later date.
Councilmember Manvel stated the home utility reports are designed to help lower power
consumption which will help lower utility rates but perhaps the execution of the reports needs to be
changed.
Agenda Review
City Manager Atteberry stated the utility customer billing staff is not collecting information or data
on residents or their homes through the home utility reports or surveys.
City Manager Atteberry stated Council had new information regarding Item#8, Items Relating to
the FC Bike Library Program, and recommended Council postpone Item#9,Items Relating to the
FC Bikes Program, until March 16, 2010. Agenda Item#26,First Reading of Ordinance No. 024,
2010, Appropriating $350,000 from Prior Year Reserves, Committed to Police, in the Capital
Expansion Fund for Crossroads Safehouse,and Item#27,Items Relating to Medical Mar�uana also
contain Ordinance revisions.
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March 2, 2010
CONSENT CALENDAR
6. Second Reading of Ordinance No. 009, 2010, Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Program.
This Ordinance, unanimously adopted on First Reading on February 23,2010, appropriates
funding in the amount of$15,000 from a grant received from the Bohemian Foundation for
salaries associated with the continued operation of the RESTORE Program within
Restorative Justice Services.
7. Second Reading of Ordinance No. 010,2010,Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utili1y Enterprise, Sewer Revenue Refunding
Bonds, Series 2010A, in the Maximum Aggregate Principal Amount of$4,100,000, in the
Wastewater Utili Fund.
This Ordinance,unanimously adopted on First Reading on February 16,2010,appropriates
the Wastewater Utility Enterprise Fund proceeds from bonds issued by Ordinance No. 005
of the Board of the Wastewater Utility Enterprise. The bonds will refund,pay and discharge
all of the outstanding Sewer Revenue Bonds, Series 2000. The bonds being refunded have
interest rates of 5.00% to 5.50%; the new bonds should result in an average interest rate of
less than 4.00%. Overall, the transaction should yield cashflow savings of approximately
$300,000 and net present value savings of at least $275,000.
8. Items Relating to the FC Bike Library Program.
A. Resolution 2010-017 Repealing Resolution 2010-007 and Authorizing the Mayor to
Enter into an Intergovernmental Agreement with the State of Colorado Department
of Transportation for the Purpose of Obtaining a Congestion Mitigation and Air
Quality Grant in Support of the FC Bike Library Program.
B. Second Reading of Ordinance No. 011, 2010, Appropriating Unanticipated Grant
Revenue in the Transportation Services Fund to Be Used for the 2010-2011 Fort
Collins Bike Library Program.
The Colorado Department of Transportation (CDOT) has revised the FC Bike Library
funding contract with the City of Fort Collins for 2010-I1. Originally, CDOT had
programmed the contract for both fiscal years 2010 and 2011. However, on March 1, 2010,
CDOT notified the City that it can only contract for one year at a time. Therefore, the
funding contract between the City and CDOT is only for 2010 and will be amended to
extend funding for 2011. This change in contract administration does not change the overall
two year funding amount;it just divides it into two one year segments. The funding contract
and work plan for FY2011 will be provided to City Council for review next year. Resolution
2010-017 repeals Resolution 2010-007 to clarify the authorization granted under this
Resolution is only for the year 2010 and that the amount of funding provided by the CDOT
Congestion Mitigation &Air Quality (CMAQ) grant is in the amount of$82,790.
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The City contracts with Bike Fort Collins,a local non-profit cycling organization,to manage
and operate the Fort Collins Bike Library program which includes the continual
improvement, refinement, and expansion of the Fort Collins Bike Library. Expansion
includes incorporating additional bicycles and check-out stations into the FCBL program and
incorporating additional community partners such as schools, businesses, and non-profit
organizations.
This Ordinance, unanimously adopted on First Reading on February 23,2010, appropriates
these grant funds and has been amended to reflect the funding for 2010 in the amount of
$82,790.
10. Second Readinu_of Ordinance No.013,2010,Approving an Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth
Management, and Related Issues, Extendine the Deadline for the City of Fort Collins to
Accomplish an Amendment to the City's Growth Management Area Boundary
Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-
owned Van bg o Open Space PropeM.
On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an
intergovernmental agreement regarding annexations, growth management, and related
issues. The agreement resolved certain differences that had arisen between the City and
Town concerning a variety of planning and growth management issues. The agreement set
one-year deadlines for the City to amend its Growth Management Area boundary and for the
Town to exercise a purchase option to acquire the City-owned Vangbo Open Space property.
Ordinance No. 013, 2010, unanimously adopted on First Reading on February 16, 2010,
extends those deadlines for six months (with the possible extension for an additional six
months) and one year respectively.
11. Second Reading of Ordinance No. 014,2010,Vacating a Portion of Corbett Drive Ri hg t-of-
way as Dedicated on the Plat of Front Range Village.
The center of the roundabout at Corbett Drive and Council Tree Avenue in the Front Range
Village Shopping Center, located at the northeast corner of Ziegler Road and Harmony
Road, is proposed for vacation. The shopping center desires to place a Christmas tree and
other decorations in the landscaped area of the roundabout during the holiday season. The
City's holiday policy does not allow for this. This Ordinance,unanimously adopted on First
Reading on February 16, 2010 vacates the center of the roundabout, at the request of Front
Range Village. The center of the roundabout is currently maintained by Front Range Village
and that will not change with this request.
12. First Reading of Ordinance No. 017, 2010, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the North
College Avenue and East Willox Lane Improvements Project.
This Ordinance transfers $1,881,271 in existing appropriations from the Street Oversizing
Fund into the Capital Projects Fund for construction of the College Avenue and Willox Lane
Improvement Project to construct arterial improvements related to the Marketplace
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March 2, 2010
development. The improvements are needed to construct College Avenue to current City
standards and to provide bicycle, pedestrian and bus facilities. Improvements to Willox
Lane will add dedicated turn lanes and construct new commercial access for the
development. The project is jointly funded by the North College Urban Renewal Authority,
the Street Oversizing Program, and developer contributions.
13. First Reading of Ordinance No. 018,2010,Establishing Rental Rates and Delivery Charges
for the Citv's Raw Water for the 2010 Irrigation Season.
This Ordinance approves rates for the rental and delivery of the City's raw water supplies.
The Water Utility uses these rates to assess charges for agricultural use, for various
contractual raw water obligations and for raw water deliveries to other City departments.
The proposed rate for each type of water is based on several factors including market
conditions and assessments charged by irrigation companies.
14. First Reading of Ordinance No. 019,2010,Amending Chapter 26 of the City Code Relating
to Right of Entry and Nuisance Abatement and Article VII of Chapter 26 Relating to
Stormwater Oualityand Enforcement.
Staff has identified changes to the City Code that are necessary to reflect recent changes to
permits and policies issued by the Colorado Department of Public Health and Environment
(CDPHE) and to improve enforcement mechanisms related to stormwater quality. The
Ordinance will allow authorized City employees to investigate and abate imminent hazards
to the City's Utilities systems and to recover costs of abatement from responsible parties.
The Ordinance also includes amendments that are specific to Article VII of Chapter 26
related to stormwater to impose more stringent limitations than those required by CDPHE
related to stormwater discharges,to allow stop work orders to be issued on construction sites
for stormwater violations of the City Code,and to address proper maintenance and operation
of private stormwater quality facilities.
15. First Reading of Ordinance No. 020,2010 Amending Chapter 26 of the City Code Relating
to Industrial Pretreatment Local Limits and Requirements.
This Ordinance amends the City Code to provide legal authority to implement and enforce
revised Federal pretreatment regulations. The Ordinance also contains revised pollutant
local limits applicable to industrial wastewater dischargers. The modifications and revised
local limits were developed based upon Environmental Protection Agency (EPA) Region
VIII requirements and guidance and will be subject to EPA approval between the First and
Second Reading of the Ordinance.
16. First Reading of Ordinance No. 021, 2010, Authorizing the Conveyance of Three Non-
Exclusive Utility Easements on City Property to Owest Corporation.
In 1995 and 2004, the City of Fort Collins conveyed various easements on City property
known as Avery Park to Qwest Corporation ("Qwest") for installation of utility
improvements. Qwest recently discovered the utility improvements were erroneously
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installed outside the granted easement area. Qwest is requesting the City convey new
easements to reflect the actual location of the installed equipment. Qwest has also expressed
interest in acquiring a new easement along the boundary of the City's property for additional
utility improvements already installed by Qwest. In exchange, Qwest will terminate the
existing easements.
17. First Reading of Ordinance No. 022, 2010, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority.
This item is a request to expand the boundaries of the Downtown Development Authority
(DDA) and to amend the Plan of Development of the Authority to include properties in the
600 block of South Mason and 200 block of West Myrtle. The properties include the
Avogadro's Number restaurant and site; the small shopping center at the southeast corner
of Mulberry and Mason Streets which currently contains the Larimer County Democratic
headquarters, a salon and a smoothie bar; and 2 rental residences.
18. First Reading of Ordinance No.023,2010,Authorizing the Conveyance of a Perpetual,Non-
exclusive Easement to Larimer County Canal No. 2 Irrigating Company.
This Ordinance authorizes the granting of an easement by the City to the Larimer County
Canal No. 2 Irrigating Company. The easement will allow for the continued use of the City
Ditch for irrigation flows. Similar terms have been in place for over 100 years, and will
avoid disruption of the right to run those irrigation flows.
19. Resolution 2010-014 Makin Fg indings of Fact and Conclusions Pertaining to the Appeal by
the Rigden Farm Master Association of the December 9, 2009 Determination of the
Landmark Preservation Commission to Deny the Association's Request for Permission to
Install Fiber Cement Siding on the Rigden Farm "Barn."
On December 23, 2009, a Notice of Appeal was filed regarding the December 9, 2009
decision of the Landmark Preservation Commission to deny the request to install fiber
cement siding on the historic Rigden Farm Barn.
On February 16, 2010, City Council voted 7-0 to uphold the decision of the Landmark
Preservation Commission. In order to complete the record regarding this appeal, Council
should adopt a Resolution making findings of fact and finalizing its decision on the Appeal.
20. Resolution 2010-015 Authorizingthe e City Manager to Execute the 2010 Grant Agreement
with the Federal Aviation Administration for Improvements at the Fort Collins-Loveland
Municipal Airport.
This Resolution authorizes the City Manger to execute a grant from the Federal Aviation
Administration for Entitlement funds in the amount of$500,000. These funds will be used
for design services for a capital construction project that will be done this summer. The
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March 2, 2010
capital project will rehabilitate the Airport's primary runway and is anticipated to cost
approximately $6.5 million.
21. Resolution 2010-016 Making Appointments to Various Boards and Commissions.
This Resolution appoints new members to the Air Quality Advisory Board,the Community
Development Block Grant Commission,the Parks and Recreation Board,and the Women's
Commission.
22. Routine Deed
General Warranty Deed from LN Real Estate, LLC, for a small strip of right-of-way as part
of the City's North College Avenue and Willox Lane Intersection Improvement Project next
to the North College Marketplace development. Monetary consideration: $10.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
6. Second Reading of Ordinance No. 009, 2010, Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Program.
7. Second Reading of Ordinance No. 010, 2010, Appropriating Proceeds from the Issuance of
City of Fort Collins, Colorado, Wastewater Utility Enterprise, Sewer Revenue Refunding
Bonds, Series 2010A, in the Maximum Aggregate Principal Amount of$4,100,000, in the
Wastewater Utility Fund.
8. Second Reading of Ordinance No. 011, 2010,Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to Be Used for the 2010-2011 Fort Collins Bike Library
Program.
10. Second Reading of Ordinance No.013,2010,Approving an Amendment to the Fort Collins-
Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth
Management, and Related Issues, Extending the Deadline for the City of Fort Collins to
Accomplish an Amendment to the City's Growth Management Area Boundary and
Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-
owned Vangbo Open Space Property.
11. Second Reading of Ordinance No. 014,2010,Vacating a Portion of Corbett Drive Right-of-
way as Dedicated on the Plat of Front Range Village.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 017, 2010, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the North
College Avenue and East Willox Lane Improvements Project.
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March 2, 2010
13. First Reading of Ordinance No. 018,2010,Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2010 Irrigation Season.
14. First Reading of Ordinance No. 019,2010,Amending Chapter 26 of the City Code Relating
to Right of Entry and Nuisance Abatement and Article VII of Chapter 26 Relating to
Stormwater Quality and Enforcement.
15. First Reading of Ordinance No. 020,2010 Amending Chapter 26 of the City Code Relating
to Industrial Pretreatment Local Limits and Requirements.
16. First Reading of Ordinance No. 021, 2010, Authorizing the Conveyance of Three Non-
Exclusive Utility Easements on City Property to Qwest Corporation.
17. First Reading of Ordinance No. 022, 2010, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority.
18. First Reading of Ordinance No.023,2010,Authorizing the Conveyance of a Perpetual,Non-
exclusive Easement to Larimer County Canal No. 2 Irrigating Company.
26. First Reading of Ordinance No. 024, 2010, Appropriating $350,000 from Prior Year
Reserves, Committed to Police, in the Capital Expansion Fund for Crossroads Safehouse.
27. Items Relating to Medical Marijuana.
A. First Reading of Ordinance No. 025, 2010, Adding an Article to Chapter 15 of the
City Code Governing the Licensing, Location and Operation of Medical Marijuana
Dispensaries.
B. First Reading of Ordinance No. 026, 2010, Making Amendments to the City Land
Use Code Relating to Medical Marijuana.
Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to adopt the Consent
Calendar as modified, including the postponement of Item No. 9 to March 16, 2010. Yeas:
Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Roy asked that City staff respond to questions he submitted earlier regarding Item
#13, First Reading of Ordinance No. 018, 2010, Establishing Rental Rates and Delivery Charges
for the City's Raw Water for the 2010 Irrigation Season, prior to Second Reading.
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Staff Reports
City Manager Atteberry stated the Northern Colorado Community Foundation, not the City, is
funding a speaking engagement by Thomas Frey and encouraged residents to attend the Plan Fort
Collins event.
Councilmember Reports
Councilmember Poppaw stated she attended the Governors Arts Council awards,for which the City
was nominated.
Mayor Hutchinson discussed the Platte River Power Authority's long-term innovative climate action
plan.
Ordinance No. 024, 2010,
Appropriating $350,000 from Prior Year Reserves, Committed to Police, in the
Capital Expansion Fund for Crossroads Safehouse Adopted as Revised on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
In the fall of 2009, Crossroads Safehouse requested assistance from the City in funding the
renovation of its new, expanded domestic violence shelter. Council directed staff to investigate
options for funding Crossroads. Following further scrutiny of HUD regulations, a professional
appraisal of the existing shelter(which is owned by the City), a review of Crossroads'financials and
business plan for its new facility, and an evaluation of the City's capital improvement expansion fees
the following is recommended:
1. That the City Council appropriate $350,000 from Police Capital Improvement Expansion
Fees for the renovation and construction of Crossroads'new facility; and
2. That the sale of the existing Safehouse facility be deferred until at least 2014, at which time
existing obligations to HUD will be fulfilled, the City will own the building free and clear,
and Council can formally consider the option of selling the building and using a portion of
the revenues to repay the Police Capital Expansion Fund.
BA CKGR O UND/DISC USSION
In the fall of 2009, Crossroads Safehouse requested$500,000 in City funding to be used for the
renovation of Crossroads' new regional facility. City Council discussed this request at length
during the 201012011 City budget hearings and directed the City Manager to investigate funding
options and bring forward a recommendation at the earliest date possible.
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Since that time, staff has analyzed information and looked at the feasibility of various funding
options. The City owns the existing Safehouse facility and leases it to Crossroads for S11year. At
the time of Crossroads'initial funding request, the suggestion was made that the City sell the facility
and use the proceeds for the new regional facility. However, the purchase and upgrade of that
building has been funded by Community Development Block Grants (CDBG) and, as a result, the
use and sale of the facility fall under a number of Housing and Urban Development (HUD)
regulations. Much effort has gone into discerning which HUD regulations would apply, were the
City to pursue this option, and just what, if any, equity the City might have in the existing facility.
In addition to analysis of the HUD regulations, staff has:
• completed a review of Crossroads'financial status, including past audits, projections for
the new expanded facility, and capital campaign contributions and pledges to date
• toured the new facility and analyzed the renovation plans and budget
• hired a professional real estate appraiser to assess the value of the existing City-owned
facility currently occupied by Crossroads.
The following summarizes the findings from the analysis:
1. Crossroads currently has sufficient funding and has planned for ongoing funding of the
expanded facility, including increased operational expenses.
2. The renovation plans and budget for the expanded facility are well founded, thorough, and
based on sound practices.
3. The real estate appraisal of the existing facility indicates the market value of the property
ranges from$556,000 fora "quick sale"to S1.16 million. This value is based on the market
for private group homes and includes analysis of comparable sales both locally and along
the entire Front Range. Most contracts would probably be contingent upon approval of a
proposed new use through the City's land use requirements.
4. CDBG monies are expected to be invested in real property for at least five years, after which
time the CDBG investment is considered to have served its use and the activity is "closed
out. " In the case of the current Crossroads facility, the closeout of the activity will occur
in 2014. This means that:
a. If the property is sold prior to 2014, the entire value of the property (minus a small
amount the City put into it for rehabilitation) must be returned to the CDBG
program.
b. If the property is sold after 2014, the entire proceeds from the sale of the property
would go to the City.
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5. The question was raised as to whether equity in the existingfacility can be transferred to the
new facility. The short answer is that this is not possible without first selling the existing
facility. If the building is sold prior to 2014, the proceeds from the sale would be returned
to the CDBG program and then distributed through the CDBG open competitive process for
"eligible activities. " Crossroads could apply for funds through the CDBG competitive
process.
Staff also explored whether the City could lend Crossroads money for the renovation of the
new facility and then use proceeds from the sale of the existing building to pay the City back.
However, CDBG funds are prohibited from being used to pay off existing loans; this is not
an option if the building is sold before 2014.
6. In the case of Crossroads Safehouse, there is a clear nexus between the Council's goals for
a safe community, the services provided by Crossroads, the need for a larger facility for
those services, and the mission of Police Services.
Based on the above findings, staff is recommends the following:
First, that $350,000 be appropriated for the construction and renovation of the new Crossroads
facility usingfunds from the Police Capital Expansion Fee balance. Crossroads initially requested
$500,000 from the City; however, the new facility will draw clients from across the state. This
recommendation takes into consideration the percentage of Fort Collins residents that will be
served. This contribution of$350,000 would be contingent on Crossroads raising 90%of the total
needed for the capital campaign prior to beginning construction.
Secondly,staffrecommends that the marketing and sale ofthe existing Safehouse facility be deferred
until 2014 and reevaluated at that time. There are several reasons for this:
• By late 2014 the community will have received its benefit from CDBG program funds and
thus the entire equity of the building will be available to the City.
• The economic climate and real estate market is expected to improve in the comingyears;the
City will likely be able to sell the building at a higher price than possible in today's market.
• It will be very difficult to market the property while Crossroads occupies it due to security
concerns. The address of the Safeho use is confidential and cannot be advertised to potential
buyers using conventional marketing techniques.
• If the building is marketed now, there is the risk of having.a contract on the building and
nowhere for Crossroads to move in the event its capital campaign does not progress on the
planned timeline. Crossroads does not have funds to pay rent to anew owner.
• The community's needs will continue to evolve in the coming four years and so will the
Council's policies around meeting those needs. As the fall of 2014 nears, Council can
assess options and decide what course of action to take. It may make sense to sell the
building at that time and use a portion of the revenue to repay the Police Capital Expansion
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Fund. Another option might be to utilize the building for some other City or community
need. In the meantime, staff will explore alternatives for interim use of the building once
Crossroads has vacated it.
Staff believes this is a good solution for the City and the community.
FINANCIAL IMPACT
The December 31, 2009 balance in the Capital Expansion Fund reserve for Police is estimated at
$1,803,000. These funds are collected when new development occurs and are used to help pay debt
service on the new Police building. Should Council wish to appropriate$350,000 in one-time funds
for Crossroads'new facility, staff recommends it be taken from this funding source.
SUSTAINABILITY:ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
From an economic standpoint, these recommendations strengthen the partnership that the City and
Crossroads Safehouse have had for over 30 years. The move to the new facility will also open up
a number of options for use or sale of the existing facility.
The plans for the new Safehouse have received national recognition for innovative environmental
design; it will be the first "green" domestic violence shelter in United States.
The public purpose served by this expenditure is clear. In 2009, 436 women and children were
sheltered at the Crossroads Safehouse for a total of 8,553 nights of housing. An additional 138
individuals were turned away because the shelter was full. The expanded facility will enable
Crossroads to serve all those in need. It will serve not only Fort Collins residents but others from
the region and across the state. "
City Attorney Roy read language changes made to Ordinance No. 024, 2010.
Tess Heffernan, Policy and Project Manager, stated the City has owned the existing Crossroads
Safehouse facility since 1979, and rents it to Crossroads Safehouse for $1 per year. The facility is
no longer adequately sized for its needs and the organization has been gifted a new building.
Crossroads asked the City for $500,000 to put toward its capital campaign for renovations of the
new facility. This Ordinance is a result of Council direction to investigate funding options for
Crossroads. Because Community Development Block Grant(CDBG)funds have been used for the
existing facility,it falls under HUD regulations which will not allow the existing building to be sold
until the fall of 2014 without putting all of the proceeds from the sale back into the CDBG program.
An appraisal on the existing, City-owned building showed it might be worth as much as $1.16
million, given the appropriate market. Staff recommends that Council consider appropriating
$350,000 for the new facility from the Police Capital Expansion Fee balance and defer the sale of
the existing facility in order realize the full value of the sale in 2014.
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Eric Sutherland, 3520 Golden Currant, expressed concern about the City's priorities with respect
to lending $5.2 million to build the RMI2 facility. Funding the new Crossroads Safehouse facility
should be a priority.
Shane Miller, 4325 Mill Creek, requested a financial analysis of the number of crimes that might
be deferred or prevented by this facility. He expressed support for Crossroads and asked if another
use for the existing facility would be allowed by CDBG until it is sold.
Councilmember Kottwitz asked if Crossroads was financially prepared to take on the operations and
maintenance of the new facility without future City involvement. Heffernan replied in the
affirmative.
Councilmember Kottwitz asked what the Police Capital Expansion Fee could fund. Atteberry
replied it is an impact fee paid by new business and residential development and the fund has not
been used for operating expenses but for capital improvements within Police Services. City staff
believes this is a reasonable use of the funds and noted they could be repaid with proceeds from the
sale of the existing building. The existing building is planned to have an interim use between now
and its sale.
Councilmember Kottwitz asked if the Police Capital Expansion reserves would be depleted should
Council approve this appropriation and what will be the remaining balance. Heffernan replied the
balance of the fund, as of the end of 2009, was $1.8 million.
Councilmember Troxell clarified Crossroads needs to have written commitments for 90% of its
monetary needs prior to having access to the $350,000 from the City. He asked where Crossroads
is in the process of fundraising. Vicki Lutz, Crossroads Executive Director,replied Crossroads has
raised 76% of the $5.3 million of its capital campaign.
Councilmember Roy asked for information regarding how residents could make private donations
to Crossroads. Ms. Lutz replied the Crossroads Outreach Center is located at the corner of Myrtle
and College.
Councilmember Troxell asked about the schedule for the new facility. Lutz replied they are
currently removing asbestos and gutting the building and hope to have funding for construction
beginning in May.
Councilmember Ohlson made a motion, seconded by Councilmember Roy,to adopt Ordinance No.
024, 2010, as revised, on First Reading.
Councilmember Roy expressed support for Crossroads and stated he would be supporting the
motion.
Councilmember Kottwitz thanked staff for finding the money from an appropriate source.
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Councilmember Poppaw expressed gratitude to Crossroads and stated the residents who use the
services deserve a safe facility.
Councilmember Manvel expressed support for Crossroads and the service it provides to the
community.
Mayor Hutchinson expressed support for the item and use of the reserve funds.
The vote on the motion was as follows: Yeas:Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Medical Marijuana, Adopted as Revised on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 025, 2010,Adding an Article to Chapter 15 of the City Code
Governing the Licensing, Location and Operation of Medical Marijuana Dispensaries.
B. First Reading of Ordinance No. 026, 2010, Making Amendments to the City Land Use Code
Relating to Medical Mar�juana.
City staff has prepared two ordinances regulating medical marijuana businesses for Council's
consideration. Second Reading of these ordinances is scheduled for March 16, 2010.
The first proposed ordinance establishes a licensing process for all medical marijuana businesses
as well as location requirements for medical marijuana dispensaries (MMDs)and their associated
cultivation sites, and requirements governing the operation of these facilities. The regulations also
address the cultivation of marijuana by patients and primary caregivers who serve no more than
one patient and do not constitute an MMD. The second ordinance provides zoning regulations for
medical maryuana businesses.
The overall purpose of the regulations that would be imposed by the ordinances is to protect the
rights of patients and primary caregivers as afforded by Amendment 20 and to also protect the
public health, safety, and welfare of the community. The uniqueness and newness of this industry
set it apart from other licensed business models and these regulations focus on serving the
community as a whole, and not on protecting particular business models.
A moratorium on the issuance of new licenses to medical marijuana businesses went into effect on
December]], 2009 and is scheduled to expire on March 31, 2010. If approved on Second Reading
as scheduled, the ordinances would take effect prior to the expiration of the moratorium.
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BA CKGR O UND/DISC USSION
Regulating the medical mar�juana industry is a unique challenge for the City. Marijuana use,
production, and sale is illegal under federal law, and the State of Colorado has not yet created a
framework to regulate the medical marijuana industry. In this environment the medical marijuana
industry has grown exponentially in a very short time. The number ofauthorized medical marijuana
patients has grown from 5,000 in March 2009 to an estimated 60,000 today. The number of medical
marUuana businesses has grown in numerous Colorado communities to meet this increasing demand
and in the past year the number of medical marijuana businesses issued sales tax licenses in Fort
Collins has increased from 3 in 2009 to 95 currently active.
This is a very new industry for local government to regulate, and for this reason the ordinance
proposed by staff is different from other local business regulations. While some of the components
are borrowed from the licensing ofpawn shops and liquor establishments, many of the components
are unique to this use. Staff has attempted to provide a framework that establishes a clear and legal
method for people to provide and consume medical marijuana while curtailing unlawful use and
guarding against the secondary effects of MMDs.
Staff has researched this issue, collected public input, and considered the concerns of patients,
primary care-givers, dispensary operators, other businesspeople and neighborhood residents. Staff
believes that local regulations are needed to meet the unique aspects of this industry while
addressing larger community concerns. The approach proposed by staff is innovative in relation
to other local jurisdictions in regulating areas that are important to our city.
Key Definitions
Some of the definitions in the proposed ordinances are taken from Amendment 20 or other sources.
Others have been developed by staff in order to implement the regulatory approach that staff is
recommending, which is different in a number of respects from other models that were reviewed.
For example, the term "medical marijuana business"has been developed to capture all components
of a medical marUuana operation including, cultivation, delivery, and retail sales and operations.
The terms "medical marijuana dispensary"and "medical maryuana cultivation facility" are also
newly defined terms that are used in the regulations to address individual aspects of the business.
License Requirements
As discussed at the February 9, 2010 work session, an extensive licensing process is proposed as
the first component of the regulations. Other requirements include payment of an application fee
and an annual license fee. The fees would cover costs associated with the background check,zoning
review, mapping required to determine ifseparations are met, application coordination, and routing
to other departments. The initial non-refundable application fee is estimated to be approximately
$500. If the applicant meets all application, licensing, and zoning requirements, the proposed
licensed premises would be inspected and, upon approval, an annual fee of approximately $700
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would be collected. The purpose of this fee would be to cover the cost of compliance checks by
Police Services and other applicable City departments each year.
The first step in the licensing process would be to conduct a background check on the applicant,
manager, and all of the financial interest holders in the proposed medical marijuana business.
Applicants would have to be at least 21 years of age. No license would be issued to persons who,
within the last ten years, have been releasedfrom anyform ofcourt supervision for a felony criminal
conviction or any crime involving fraud or intent to defraud, or to a person who has had an medical
marijuana business license revoked or who has submitted any fraudulent information in connection
with the application.
Prior to issuance of the license, the proposed premises would be inspected for compliance with all
building and f re codes. In order to ensure compliance with all applicable regulations, no person
or entity would be licensed to operate more than three local medical mar�juana businesses.
All medical marijuana businesses operating in the City would have to be licensed, even if they are
just delivering to patients in the City from an out-of-town business establishment. City sales tax
would be collected on all such transactions.
Inspections
Licensed premises, including cultivation facilities, would be subject to inspection by both Police
Services and any other department concerned with compliance issues. Books, records, and
inventory would need to be made available. At no time could the City release or make public any
confidential record of the state, includingpatient information, except as otherwise required by law.
Location and Land Use Code Requirements
The City's Land Use Code (L UC)will be amended to specifically identify MMDs as a permitted use
in those zone districts where MMDs are considered to be compatible with neighboring uses. Staff
recommends that the various sections of Article 4 of the LUC be amended by adding a medical
maryuana dispensary to the list ofpermitted Basic Development Review uses in the Downtown (D),
River Downtown Redevelopment (RDR), Community Commercial (CC), Community Commercial-
North College (CCN), Community Commercial-Poudre River(CCR), Commercial(C), and Service
Commercial (CS)zones. Cultivation facilities will be limited to Industrial (1)zones.
In addition to the zoning designations, staff is recommending separation requirements be included
in the licensing regulations. The purpose of these is twofold. First, the 1,000 foot separation
requirement from other MMDs is intended to avoid "clusters" of MMDs so as to minimize their
cumulative impact on any particular area of the community. Second, community feedback and
model ordinances from other communities suggest that separation requirements from such uses as
schools,places of worship,parks and recreation areas are advisable because of the concern that
exposure ofyouth to MMDs could decrease theirperception ofharm related to the use ofmar�juana
or other drugs.
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The home occupation regulations in Section 3.8.3 of the LUC currently allow medical marijuana
businesses to operate from dwelling units. The current regulations prohibit retail sales activities
of medical marijuana products on the premises, but do not prohibit the storage of inventory or the
cultivation of marijuana on the premises. Based on public input received during the moratorium
and concerns for the safety of the home occupation license holder and neighbors, staff believes that
neither the keeping of inventory nor the cultivation activities associated with a medical marijuana
business are appropriate uses ofproperty in a residential neighborhood.
In the proposed LUC Ordinance, those persons who were issued a home occupation license prior
to the effective date of the moratorium will have to modify their business activity, if necessary, so
that the dwelling unit is used only as a business office. The Home Occupation license will not be
renewed at the time of its expiration.
Operations
The following requirements would apply to the MMDs.
• Each dispensary would have to be operated by the licensee or a designated manager.
• On-site sales would be allowed only to patients and primary caregivers. Sales could include
marijuana in any usable form, starter plants, seeds, paraphernalia, and other retail
merchandise. No mature marijuana plants could be sold or maintained at the MMD.
Quantities of marijuana sold to patients or primary caregivers would be limited to amounts
permitted under Amendment 20 for personal medical use, with a limit of two ounces per
customer per week.
• Access to the licensed premises would be limited to those lawfully entitled under Amendment
20 to possess and use medical marijuana, as well as others whose presence is reasonably
necessary to conduct business, assist patients, or repair, improve or inspect the licensed
premises.
• Food products containing marijuana would have to contain warning labels explaining legal
limitations on possession and use. If the food has not been inspected by state or county health
officials, the label would have to so indicate.
• No on-site consumption of marijuana would be permitted.
• No on-site cultivation of marijuana plants would be permitted.
• Security requirements would include safes and video cameras.
• Hours of operation would be limited to 8AM to 8PM.
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• Detailed transaction records would be required, and books and records would be subject to
inspection by the City to ensure compliance with applicable regulations.
• All normal Sign Code requirements would have to be met. In addition, if the term "marijuana"
or an equivalent symbol (e.g., marijuana leafi was used on a sign, or in any advertising, it
would have to be preceded by the word "medical. "
Limitations on Cultivation Sites
The following would apply to cultivation facilities:
• Cultivation facilities would be allowed only in the Industrial zone.
• To the extent permitted under the Colorado Open Records Act, the location of the site would
not be made available by the City for public inspection.
• The cultivation site would have to be operated by the licensee or by a primary caregiver
employed by the licensee.
• No signs indicating the nature of the operation would be permitted.
• No outdoor cultivation would be allowed.
• No on-site consumption or sales would be allowed.
• Marijuana grown at the site could be distributed only through the retail outlet of the same
MMD or delivery business.
Limitations on Cultivation by Persons Exempt from Licensing
Patients and primary caregivers who are exempt from licensing would be allowed to cultivate,grow
or process marijuana with the following restrictions:
• No outdoor growing.
• No more than 12 marijuana plants may be grown, with a maximum of 6 being mature.
• No patient or primary caregiver may have more plants than they are entitled to possess under
Amendment 20.
Grandfathering
At the February 9, 2010 work session, a majority of Council requested bringing forward a
grandfathering option that would make all of the proposed regulations effective immediately except
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the new location requirements. Those would not apply to existing medical marijuana businesses
until Council decides by ordinance that they should apply. The purpose of delaying that decision
would be to determine two things:
a. whether the City's other medical marUuana business regulations and any new state laws have
significantly reduced the number of existing MMDs that would not meet the new location
requirements; and
b. how harmful it would be to grandfather those that are left.
Pending that decision about grandfathering, no new medical marijuana businesses would be
allowed to submit an application for a license. The medical marijuana businesses that were
established prior to the effective date of the ordinance would need to apply for a license and pay the
application fee before April 30, 2010. Those that fail to apply by that date and those that apply but
are denied licenses because they do not meet the non-locational requirements (such as the
background check) would need to cease operations. Those that meet the licensing requirements
would be issued a provisional license. They would not have to pay the $700 annual license fee
unless and until Council decides that they can remain in operation at their current location. Once
Council decides whether to grandfather existing businesses, applications will be accepted for new
businesses.
FINANCIAL IMPACT
The medical marijuana regulation program is intended to be self-funding. Staff has considered the
time and costs involved in medical marijuana business licensure and has estimated the fees
accordingly. In an effort to save applicants money, the fee structure has been divided into two parts.
The initial application fee which is presently estimated to be $500, would be due at the time of
submittal. This fee would cover the estimated costs of administrative processing, zoning, location,
and mapping research as well as background checks.
If the application proceeds, staff would then perform on-site inspections of all licensed facilities.
Prior to issuing the license, a second fee of$700 would be due. This fee would cover the anticipated
costs of annual inspections, including compliance checks throughout the year. It would be charged
annually upon renewal of the license. The amount of both these fees could be adjusted as deemed
necessary by the City Manager but the amount of the fee would not exceed estimated costs.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
As noted above, the fee structure has been estimated to cover staff time and out-of-pocket costs. The
proposed regulations also take into consideration local business concerns regarding clustering and
appearance issues that some feel could deter redevelopment. While some will argue that not
allowing outdoor cultivation misses a sustainability aspect, community feedback and staff findings
show the risks outweigh the benefits. "
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City Manager Atteberry thanked City staff for work on this item.
City Attorney Roy discussed revisions to the Ordinance relating to separation requirements, noting
they pertain only to medical marijuana dispensaries, not cultivation facilities. The goal of the
regulations is to strike a balance between the implementation and intent of Amendment 20, to
accommodate and allow for the use and possession of medical marijuana by patients and primary
caregivers. The regulations are also designed to protect the safety and security of those persons as
well as the general public and to acknowledge the fact that marijuana is still an illegal, controlled
substance under federal and state law.
Ginny Sawyer,Neighborhood Administrator,discussed the provisions of the Ordinance noting they
include a licensing process,zoning and separation requirements,and retail operation and cultivation
facility requirements. Licenses, which will require an application fee and annual fee, will be
required for all medical marijuana businesses, including both retail and cultivation facilities.
Individual patients or primary caregivers with only one patient will not require licenses. License
fees will fund City staff requirements. Background checks of the applicant, designated manager,
and all interest holders will be required. Licenses would not be issued to any person convicted of
a felony or any crime related to fraud or distribution of a controlled substance within the last 10
years or to any person or entity which has had a medical marijuana business license revoked or has
submitted false information. Dispensaries would be allowed in seven zones, cultivation facilities
would be allowed only in the I-Industrial zone and home occupation licenses would only be granted
for a home office, not for on-site growing or storage. Sawyer discussed separation requirements
between dispensaries and schools, recreation facilities, parks, places of worship, and other
dispensaries and noted sales would be limited to 2 ounces per patient per week. Sawyer discussed
the cultivation facility provisions and public outreach program which included interviews,individual
meetings, focus groups, and an open house.
City Attorney Roy stated the issues receiving the most feedback were separation requirements, the
extent to which these businesses should be allowed in residential areas, and whether the exemption
for small primary caregivers is adequate or should be broadened to include primary caregivers with
two, or up to five, patients.
Tim Gordon, Medicinal Gardens, 420 South Howes Street, asked that separation requirements be
reduced to 500 feet and include only schools.
Scoot Crandall, Team Fort Collins Executive Director, expressed concern regarding health issues
resulting from marijuana use.
Russ Orsbom, 420 South Howes Street, expressed support for medical marijuana.
Dr. Bruce Cooper, Medical Director of the Health District of Northern Larimer County, stated
medical marijuana should be tightly regulated and expressed concern regarding public health and
safety issues related to cultivation and dispensaries in residential areas.
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Alfred Reaud, 1104 Columbine Court, opposed the 1000 foot separation requirement regarding
churches and expressed concerns relating to patient privacy.
Alan Donnigan, 3161 Birmingham Drive, opposed cultivation facilities in residential areas.
Michael Harmon,315 Gordon Street,stated he is a medical marijuana patient and expressed support
for the regulations.
Jim Tilmant, 5703 Pebble Beach Court, expressed concern that the Colorado constitutional
guarantees regarding medical marijuana have been ignored.
Donna Lawson, 346 East Mountain, stated she is a caregiver and co-owner of a dispensary. She
expressed support for regulations but asked Council to re-consider the separation requirements.
Dr.Nancy Smith,420 South Loomis,Center for Family Care Director,expressed concern regarding
the effect of medical marijuana dispensaries on the community's youth.
David Mansor, 601 Mansfield Drive, expressed support for medical marijuana.
Dr. Donald Beard, 1216 Morgan Street, retired pediatrician, expressed support for regulation.
Kirk Scramstad, 821 Colorado Street, expressed concern regarding cultivation regulations.
Ray Czaplewski, 2012 Huntington Circle, expressed support for the regulations.
Travis Cutbirth, 420 South Howes, Medicinal Gardens, encouraged Council to consider 500 foot
distance requirements for entities other than schools and discussed possible residency requirements
for primary caregivers.
Eric Sutherland,3520 Golden Currant,expressed concern about the effects of marijuana and alcohol
on individuals and communities.
Ian Leverette, Compassionate Outreach and home occupation license holder, expressed concern
regarding fear taking over decision making.
Joe Dice, The Grow Shop, expressed concern regarding provisions related to criminal records.
Amanda Broz, 802 '/2 Smith Street, expressed concern that the provisions stigmatize medical
marijuana patients.
Dori Mann, 1801 Creekwood Drive, expressed concern that the 1000 foot separation requirement
is not enough.
Jamison Coppola, Front Range Baptist Academy, stated the separation requirements should be at
least 1000 feet.
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Bob Powell, Fort Collins resident, expressed concern regarding the unintended consequences of
Amendment 20. He urged Council to adopt the regulations.
Rob Haas,Fort Collins resident,asked Council to limit the number of plants and expressed concern
regarding degradation of neighborhoods.
Dr. Michael Smith, 420 South Loomis, expressed support for the regulations.
Lloyd Walker, 1756 Concord Drive,expressed support for the regulations and asked that MMDs not
be included as acceptable home occupations.
Nick Dice, owner of a medical marijuana dispensary, stated several of the regulations are too
stringent.
Mike Moeckler, 1740 South College, owner of Campus East Dispensary, expressed concern
regarding patient confidentiality.
Matthew Burke,Fort Collins resident,expressed concern that several ofthe regulations are too strict.
Sandra Dennis, 1740 South College,Campus East Dispensary employee,expressed concern that the
regulations are too restrictive.
Sam Leischer, Fort Collins resident, expressed support for this new industry and stated the
regulations are too restrictive.
Kim Lurbe, owner Nature's Medicine, expressed concern that some of the regulations are too
restrictive.
Scott Friedman, caregiver and grower, stated the 12 plant maximum for in-home growth is not
enough but expressed support for other regulations.
Shane Miller,4325 Mill Creek, stated marijuana has low risks relative to most ingested medicines.
He discussed statistics relating to medical marijuana.
Charles(no last name given), stated he is a new Fort Collins resident and discussed the relationship
between medical marijuana and fitness.
Monte Barry,415 South Howes Street,stated the 12 plant limit and separation requirements are too
restrictive.
Steven (no last name given), asked that regulations be placed on doctors who issue medical
marijuana cards.
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Councilmember Kottwitz asked if medical marijuana falls under DUI and DWAI regulations. Jerry
Schiager, Police Services, replied driving under the influence of medical marijuana is illegal.
Councilmember Kottwitz asked if medical marijuana providers need to follow HIPPA. City
Attorney Roy replied state confidentiality requirements are at issue and the City's proposed
regulations do not violate those.
Councilmember Kottwitz asked about regulations for medical marijuana in food. Schiager replied
the proposed regulations require a warning label that the food products have not been inspected and
contain marijuana.
Councilmember Kottwitz asked what would happen to existing dispensaries that do not meet
separation requirements from one another. Schiager replied staff would return to Council a few
months after commencing the licensing program with information regarding violations of separation
requirements. Council would then be charged with resolving those issues.
Councilmember Kottwitz asked if it is possible to move growing plants from one facility to another.
Schiager replied soil-potted plants would likely be easy to move, though hydroponic systems may
not.
Councilmember Kottwitz asked why outdoor growing is not allowed under the regulations. Schiager
replied it is for security reasons and noted the fencing requirements would likely violate the City's
fence code.
Councilmember Kottwitz asked about the hours of operation limitations. Schiager replied the
limitations prevent an evening sales and use atmosphere.
Councilmember Kottwitz asked what is funded by the application and annual fees. Schiager replied
approximately $100 per application fee pays for police staff time for background checks, and
approximately $400 per annual license renewal fee provides staff time for inspections and
compliance checks.
Councilmember Ohlson asked why a records check would include a list of patient names. Schiager
replied the local interest is in verifying the transactions to individuals.
Councilmember Ohlson asked if the City regulates participation in any other businesses based on
prior criminal records. Teresa Ablao, Assistant City Attorney, replied other regulated industries,
including alcohol and pawnbrokers, discuss good moral character which references prior criminal
records as a whole. Councilmember Ohlson asked why proposed regulations for this industry
include no prior convictions for the past 10 years. Ablao replied the timeframe for alcohol licenses
could be as much as a lifetime. City Attorney Roy stated the regulations are aiming to be less
restrictive and more objective in terms of limitations regarding criminal history.
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Councilmember Ohlson asked if the proposed application and renewal fees are similar to those of
other businesses. Ablao replied the local fees for liquor licenses are approximately the same.
Councilmember Manvel asked if the 10 year requirement was to be from the date of conviction or
the date of release. City Attorney Roy replied it is from the last date of court-ordered supervision.
Councilmember Ohlson asked why the regulations do not allow growing in MMDs, and, if the
regulations are not going to allow that, why more time cannot be allowed to move those aspects of
the business. Schiager replied that regulation came from discussions with MMD operators and is
due primarily to security concerns. The timeline regarding moving the growing operations is
somewhat flexible and dependent upon Council's decision. City Attorney Roy asked that Council
provide clear direction on which regulations grace periods are desired.
Councilmember Ohlson expressed concern that, given the separation requirements,there is little to
no land available for MMDs or cultivation facilities. Steve Dush,Current Planning Director,replied
there are 408 acres of total available land within the City that would be available for MMDs.
Councilmember Manvel expressed concern that MMDs would be allowed in zones which,though
not solely residential,may contain residences,such as the Old Town North area. City Attorney Roy
noted the grandfathering decision and decision regarding separation requirements will both play a
role in determining the number of facilities the City can and will accommodate.
Councilmember Manvel noted there are few existing available buildings in the I-Industrial zone for
cultivation operations and expressed concern that new buildings may need to be constructed. Dush
replied the vacancy rate was not examined,just the available acreage.
Councilmember Manvel asked how the limited access provision would be enforced. Schiager
replied there would be enforcement likely based upon complaints.
Mayor Hutchinson suggested Council make a motion, then consider amendments regarding
separation requirements, exemptions regarding the number of patients for primary caregivers, a
variance to the amount of time that needs to have passed since an applicant's sentencing for those
with criminal records, and the amount of time for businesses to come into compliance.
Councilmember Troxell made a motion,seconded by Councilmember Poppaw,to adopt Ordinance
No. 025, 2010, as revised, on First Reading.
Councilmember Manvel suggested the separation requirement remain at 1000 feet from schools and
be changed to 500 feet for all other protected interests, such as churches and recreation facilities,
and between MMDs.
Councilmembers Kottwitz and Poppaw expressed concern regarding separation requirements from
childcare centers.
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Mayor Hutchinson suggested staff prepare maps showing 1000 foot separation from schools, child
care facilities, and places of worship and 500 feet from recreation areas, rehabilitation facilities,
residential zoning, and between MMDs.
Councilmember Ohlson expressed concern that some of these separation regulations are essentially
a"back-door" way to push MMDs out of the City altogether.
Councilmember Poppaw stated her goal is to protect children and the aspects of the community
which existed prior to MMDs. She suggested the 1000 foot separation from recreation facilities
remain.
Dush stated there would be eight existing MMDs that would meet the separation requirements, as
proposed. Should the distance drop to 500 feet,there would be 22 existing MMDs that would meet
the requirements. There are currently 95 licensed MMDs,though they may not all be in operation.
Councilmember Ohlson suggested primary caregivers be allowed to have five or less patients rather
than just one, but only be allowed to grow the same number of plants in-home.
Schiager noted the home occupation license would come into play with a licensed MMD that would
grow off-site and operate its office from home.
City Attorney Roy clarified that,with the existing proposed regulations, primary caregivers would
be allowed to grow up to 12 plants in-home and would not be required to hold a medical marijuana
business license or home occupation license if they are providing only for themselves or up to one
patient. The issue would be increasing the number of patients to up to five.
Councilmember Manvel asked if caregivers could purchase medical marijuana from a grower and
sell it to their patients. Schiager replied in the affirmative.
Councilmember Ohlson made a motion,seconded by Councilmember Roy,to amend Ordinance No.
025, 2010,to allow primary caregivers to have up to five patients in their homes without triggering
the need for a home occupation or medical marijuana business license and still limiting the number
of plants allowed in-home to 12.
Councilmember Poppaw asked for a report regarding the increase in traffic which would result from
increased patient numbers. Dush replied caregivers often deliver medicine but estimated an increase
of eight trips per day.
Councilmember Troxell expressed concern about the potential increase in patient numbers and stated
he would vote against the amendment.
Peter Barnes, Zoning Administrator, stated home occupations are allowed in all zones throughout
the City and vehicular trips to and from those businesses are not regulated.
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Schiager expressed concern that regulating in-home primary caregivers,particularly if they have up
to five patients,would be difficult given they are not subject to home occupation licenses or medical
marijuana business licenses.
Councilmember Ohlson asked if three unrelated persons living in the same home could all legally
be caregivers. Schiager replied that situation is legal but they would still only be able to grow 12
plants in the dwelling unit.
Councilmembers Ohlson and Roy withdrew their motion to amend Ordinance No. 025, 2010.
Councilmember Troxell noted individuals in the medical field cannot have a felony criminal record
and be licensed. He expressed support for the criminal record aspects of the regulations as written.
Councilmember Roy made a motion,seconded by Councilmember Ohlson,to amend Ordinance No.
025, 2010, to allow citizens to participate in the medical marijuana profession five years after the
end of any court-ordered sentence for a felony conviction.
Councilmember Ohlson stated he would like to see these provisions be changed to be a bit more
subjective, similar to the Liquor Licensing Authority. Ablao replied the regulations for medical
marijuana businesses were not written that way because medical marijuana business licensing does
not provide for a hearing, hearing officer, or licensing authority to make those decisions.
The vote on the motion was as follows: Yeas: Roy. Nays: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw and Troxell.
THE MOTION FAILED.
Councilmember Kottwitz stated she would like to allow MMDs more time to meet the regulations
than the proposed April 30 date.
Councilmember Poppaw asked how grandfathering would impact the decisions made with the
Ordinances.
City Attorney Roy stated the two time issues include the April 30 deadline for existing sales tax
license holders to apply for the medical marijuana business license. Once granted a medical
marijuana business license, the business is immediately subject to the other regulations. The
grandfathering issue comes at the end of this process when it will be determined how many existing
MMDs qualify for a new license, depending upon state regulations. Should an existing business
qualify for a new license,Council will be able to determine if it is going to grandfather that business
despite the separation requirements.
Councilmember Kottwitz asked that an expanded timeframe for relocating cultivation facilities be
researched prior to Second Reading.
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Councilmember Manvel asked about the provision to keep the locations of grow sites out of the
public record. Schiager replied there would be an application page noting the property address that
would be kept confidential. City Attorney Roy replied the information would be kept confidential
unless otherwise required by law.
Councilmember Ohlson stated he would support the motion to adopt Ordinance No. 025, 2010, on
First Reading but expressed concern that,if existing businesses are not grandfathered,the 1000 foot
separation requirements may be too stringent.
Councilmember Roy expressed gratitude to City staff for working with all interested parties and
thanked citizen participants. He expressed disappointment that fear has been a driving factor in
discussing the item. He stated he would not support the motion.
Councilmember Kottwitz stated the purpose of the regulations is to protect the community and
ensure patients receive the best, most economical treatment.
Councilmember Poppaw thanked City staff and Council for the discussion.
Councilmember Troxell commended staff and the fact that the regulations take the City's youth into
consideration.
Councilmember Manvel thanked staff and expressed concern regarding separation between MMDs
and residences.
Mayor Hutchinson expressed support for the work done to achieve the overall goal of protecting the
public health,safety,,and welfare as well as the rights of patients and their primary caregivers,while
discouraging the unlawful use and distribution of marijuana.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Troxell. Nays: Roy.
THE MOTION CARRIED.
Councilmember Manvel made a motion,seconded by Councilmember Poppaw,to adopt Ordinance
No. 026, 2010, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Troxell. Nays: Roy.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Councilmember Roy, to extend the meeting
past 10:30 p.m. Yeas: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
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THE MOTION CARRIED.
Items Relating to the FC Bike Library Program, Adopted on Second Readine
The following is staff's memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2010-017 Repealing Resolution 2010-007 and Authorizing the Mayor to Enter into
an Intergovernmental Agreement with the State of Colorado Department of Transportation for
the Purpose of Obtaining a Congestion Mitigation and Air Quality Grant in Support of the FC
Bike Library Program.
B. Second Reading of Ordinance No. 011, 2010, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund to Be Used for the 2010-2011 Fort Collins Bike Library
Program.
The Colorado Department of Transportation (CDOT) has revised the FC Bike Library funding
contract with the City of Fort Collins for 2010-11. Originally, CDOT hadprogrammed the contract
for both fiscal years 2010 and 2011. However, on March 1, 2010, CDOT notified the City that it can
only contract for one year at a time. Therefore, the funding contract between the City and CDOT
is only for 2010 and will be amended to extend funding for 2011. This change in contract
administration does not change the overall two year funding amount; it just divides it into two one
year segments. The funding contract and work plan for FY2011 will be provided to City Council
for review next year. Resolution 2010-017 repeals Resolution 2010-007 to clarify the authorization
granted under this Resolution is only for the year 2010 and that the amount offunding provided by
the CDOT Congestion Mitigation &Air Quality (CMAQ) grant is in the amount of$82,790.
The City contracts with Bike Fort Collins, a local non-profit cycling organization, to manage and
operate the Fort Collins Bike Library program which includes the continual improvement,
refinement, and expansion of the Fort Collins Bike Library. Expansion includes incorporating
additional bicycles and check-out stations into the FCBL program and incorporating additional
community partners such as schools, businesses, and non-profit organizations.
This Ordinance, unanimously adopted on First Reading on February 23, 2010, appropriates these
grant funds and has been amended to reflect the funding for 2010 in the amount of$82,790. "
Stacy Lynne, 216 Park Street, expressed doubt that there is demand for bicycle rental in the City.
She expressed concern regarding the cost of snow removal on the City's trails and asked that
Council not accept grants for bike programs as those are taxpayer dollars.
Alfred Reaud, 1104 Columbine Court, expressed support for bicycle path snow removal and the
City's trail program.
Shane Miller, 4325 Mill Creek, supported the use of taxpayer monies to fund bike programs.
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City Manager Atteberry stated it is responsible for City staff to compete for federal and state grants
for all types of uses.
Councilmember Roy asked about progress regarding providing bicycles for low-income residents
or those without credit or debit cards.
David Kemp, Bicycle Coordinator, replied accommodations have been made for every individual
wishing to rent a bike. Additionally,there is one station on the CSU campus which does not require
a credit card for rentals.
Councilmember Roy asked that the web page contain information reflecting that fact.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-017. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy,made a motion,seconded by Councilmember Poppaw,to adopt Ordinance No.
011, 2010, on Second Reading.
Councilmember Manvel expressed support for the program and its expansion.
Mayor Hutchinson discussed the overwhelming bicycle support in the community.
The vote on the motion was as follows: Yeas:Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy,
and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Poppaw asked that City staff and Council pursue registering lobbyists in the City.
Adjournment
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn until the
conclusion of the City Council work session on March 9,2010,and reconvene at that date and time
in order to consider a possible executive session for the purpose of discussing pending litigation and
related legal issues with the attorneys for the City as permitted under Section 2-31(a)(2) of the City
Code. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Nays: none.
THE MOTION CARRIED.
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The meeting adjourned at 11:50 p.m.
Mayor
ATTEST:
City Clerk
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March 9,2010
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting- 8:30 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, March 9,
2010, at 8:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Hutchinson,Kottwitz,Manvel,Ohlson,Poppaw,Roy
and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Executive Session Authorized
Councilmember Ohlson made a motion,seconded by Councilmember Manvel,to go into executive
session, as permitted under Section 2-31(a)(2) for the purpose of meeting with the City Attorney,
City Manager,and other affected members of City staff to discuss pending litigation and related legal
issues. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
("Secretary's note: The Council went into executive session at this point in the meeting.)
Adjournment
At the conclusion of the executive session, the meeting was adjourned at 9:15 p.m.
Mayor
ATTEST:
City Clerk
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f
March 16, 2010
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 16, 2010,
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, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
(Councilmember Kottwitz attended the meeting at 8:45 p.m.)
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Fred Kirsch, 509 South Bryan, Community for Sustainable Energy, asked questions regarding the
Platte River Power Authority, noting that increased efficiency and reduced power usage would
enable surplus sales. '
Phil Friedman, 201 South Grant Avenue, discussed the wind energy surcharge increase and
expressed concern that the increase may decrease the number of program participants.
Bruce Lockhart, 2500 East Harmony Road, discussed the environmental aspects of various energy
generation facilities.
Cheryl Distaso, 135 South Sunset, Center for Justice, Peace, and Environment, discussed the
program to provide downtown businesses and bus stops with portable wheelchair ramps.
Citizen Participation Follow-up
Councilmember Ohlson suggested the Natural Resources Advisory Board examine the wind energy
issue.
Councilmember Roy asked about outreach for Plan Fort Collins. Deputy City Manager Jones
replied there have been focus groups and postings on the City website.
Agenda Review
Deputy City Manager Jones withdrew Item No. .19, First Reading of Ordinance No. 033, 2010,
Authorizing an Option to Lease, and a subsequent lease of, City-Owned Property at Fossil Creek
Community Park to Clear Wireless, LLC for the Installation of a Wireless Service Tower and
Related Equipment, and the Grant of Associated Easements.
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CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the February 16, 2010, Regular Meeting and
the February 23, 2010 Adjourned Meeting_
7. Second Reading of Ordinance No. 017, 2010, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the North
College Avenue and East Willox Lane Improvements Project.
This Ordinance, unanimously adopted on First Reading on March 2, 2010, transfers
$1,881,271 in existing appropriations from the Street Oversizing Fund into the Capital
Projects Fund for construction ofthe College Avenue and Willox Lane Improvement Project
to construct arterial improvements related to the Marketplace development. The
improvements are needed to construct College Avenue to current City standards and to
provide bicycle, pedestrian and bus facilities. Improvements to Willox Lane will add
dedicated turn lanes and construct new commercial access for the development. The project
is jointly funded by the North College Urban Renewal Authority, the Street Oversizing
Program, and developer contributions.
8. Second Reading of Ordinance No. 018, 2010, Establishing Rental Rates and Delivery
Charges for the City's Raw Water for the 2010 Irrigation Season.
This Ordinance, unanimously adopted on First Reading on March 2, 2010, approves rates
for the rental and delivery of the City's raw water supplies. The Water Utility uses these
rates to assess charges for agricultural use,for various contractual raw water obligations and
for raw water deliveries to other City departments. The proposed rate for each type of water
is based on several factors including market conditions and assessments charged by
irrigation companies.
9. Second Reading of Ordinance No. 019, 2010, Amending Chapter 26 of the City Code
Relatingto o Right of Entry and Nuisance Abatement and Article VII of Chapter 26 Relating
to Stormwater Quality and Enforcement.
This Ordinance,unanimously adopted on First Reading on March 2,2010,allows authorized
City employees to investigate and abate imminent hazards to the City's Utilities systems and
to recover costs of abatement from responsible parties. The Ordinance also includes
amendments that are specific to Article VII of Chapter 26 related to stormwater to impose
more stringent limitations than those required by CDPHE related to stormwater discharges,
to allow stop work orders to be issued on construction sites for stormwater violations of the
City Code, and to address proper maintenance and operation of private stormwater quality
facilities.
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10. Second Reading of Ordinance No. 021, 2010, Authorizing the Conveyance of Three Non-
Exclusive Utility Easements on City Propertyto Qwest Corporation.
In 1995 and 2004, the City of Fort Collins conveyed various easements on City property
known as Avery Park to Qwest Corporation ("Qwest") for installation of utility
improvements. Qwest recently discovered the utility improvements were, erroneously
installed outside the granted easement area. This Ordinance,unanimously adopted on First
Reading on March 2, 2010, conveys new easements to Qwest to reflect the actual location
of the installed equipment and a new easement along the boundary of the City's property for
additional utility improvements already installed by Qwest. In exchange, Qwest will
terminate the existing easements.
11. Second Reading of Ordinance No. 022, 2010,Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority:
This Ordinance, unanimously adopted on First Reading on March 2, 2010, expands the
boundaries of the Downtown Development Authority (DDA) and amends the Plan of
Development of the Authority to include properties in the 600 block of South Mason and
200 block of West Myrtle. The properties include the Avogadro's Number restaurant and
site;the small shopping center at the southeast corner of Mulberry and Mason Streets which
currently contains the Larimer County Democratic headquarters,a salon and a smoothie bar;
and 2 rental residences.
12. Second Reading of Ordinance No. 023, 2010, Authorizing the Conveyance of a Perpetual,
Non-exclusive Easement to Larimer County Canal No. 2 Irrigating Company.
This Ordinance, unanimously adopted on First Reading on March 2, 2010, authorizes the
granting of an easement by the City to the Larimer County Canal No.2 Irrigating Company.
The easement will allow for the continued use of the City Ditch for irrigation flows. Similar
terms have been in place for over 100 years, and will avoid disruption of the right to run
those irrigation flows.
13. Second Reading of Ordinance No. 024, 2010, Appropriating $350,000 from Prior Year
Reserves. Committed to Police, in the Capital Expansion Fund for Crossroads Safehouse
In the fall of 2009, Crossroads Safehouse requested assistance from the City in funding the
renovation of its new, expanded domestic violence shelter. This Ordinance, unanimously
adopted on First Reading on March 2, 2010, appropriates $350,000 from Police Capital
Improvement Expansion Fees for the renovation and construction of Crossroads' new
facility. This contribution of $350,000 will be contingent on Crossroads obtaining
commitments from other funding sources for 90%of the total funding needed for the capital
renovation of the Crossroads facility prior to beginning the construction.
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14. First Reading of Ordinance No. 027, 2010, Appropriating Prior Year Reserves.
City Council authorized expenditures in 2009 for various purposes. The authorized
expenditures were not spent or could not be encumbered in 2009 because:
• There was not sufficient time to complete bidding in 2009 and therefore, there was
no known vendor or binding contract as required to expend or encumber the monies.
• The project for which the dollars were originally appropriated by Council could not
be completed during 2009 and reappropriation of those dollars is necessary for
completion of the project in 2010. .,
• To carry on programs, services, and facility improvements in 2010 with unspent
dollars previously appropriated in 2009.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2009 and reflect no change in Council policies.
15. First Reading of Ordinance No.028,2010,Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the
2010 Adopted City Budget.
The purpose of the previously appropriated funds remains the same: land conservation,
construction of public improvements,restoration of wildlife habitat and other natural areas
program needs to benefit the citizens of Fort Collins.
16. First Reading of Ordinance No.029,2010,Amending Sections 7.5-24 and 7.5-25 of the City
Code Reearding the Refunding of Capital Improvement Expansion Fees for Abandoned
Development Projects.
Municipal Code Section 7.5 Article II imposes certain fees, titled Capital Improvement
Expansion Fees (LIEF) for the purpose of funding the provisions of additional capital
improvements as the City's population increases. The imposition of CIEFs ensures that new
growth and development in the City bear a proportionate share of the costs of capital
expenditures necessary to provide community park, library, police, fire and general
government and transportation capital improvements. There is no Code section that speaks
to the refunding of collected CIEFs to an owner/developer who has requested a refund due
to the abandonment of the project and permit. The Code only provides that CIEFs may be
refunded if they are not appropriated within seven years or expended within ten years from
the date collected. This Ordinance establishes that CIEFs can be refunded to the owner of
the property for which the fees were paid, in the event of project and permit abandonment.
1
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7. Items Relating to a Review of the City's Stormwater Management Program.
A. First Reading of Ordinance No. 030, 2010 Amending Section 26-492 of the Code
Declaring the Purpose of the Stormwater Utility.
B. First Reading of Ordinance No. 031, 2010 Adopting Landscape Design Standards
and Guidelines as an Addendum to the City's Storm Drainage Design Criteria and
Construction Standards.
These Ordinances adopt a revised stormwater purpose statement and new landscape design
standards and guidelines for stormwater and detention facilities. The revised purpose
statement was expanded to include a balanced approach to the triple bottom line components
of economic,environmental,and social aspects of stormwater management. The landscape
design standards and guidelines were developed to provide direction to improve stormwater
quality and aesthetics of stormwater facilities.
18. First Reading of Ordinance No. 032, 2010, Authorizing an Option to Lease, and a
Subsequent Lease of, City-Owned Property at Collindale Golf Course to Clear Wireless,
LLC for the Installation of a Wireless Service Tower and Related Equipment, and the Grant
of Associated Easements.
Clear Wireless,LLC has requested to lease 625 square feet of City-owned property on South
Lemay Avenue at the Collindale Golf Course to install a 50-foot tower and related
equipment to enhance wireless service in the area. Additionally, Clear Wireless is
requesting utility and access easements that are necessary for the operation and maintenance
of its tower and equipment.
19. First Reading of Ordinance No. 033, 2010, Authorizing an Option to Lease, and a
subsequent lease of, City-Owned Property at Fossil Creek Community Park to Clear
Wireless,LLC for the Installation of a Wireless Service Tower and Related Equipment, and
the Grant of Associated Easements.
Clear Wireless, LLC has requested to lease 625 square feet of City-owned property, in the
southeast area ofFossil Creek Community Park,near the maintenance buildings along South
Lemay Avenue,to install a 50-foot tower and related equipment to enhance wireless service
in the area. Additionally, Clear Wireless is requesting utility and access easements that are
necessary for the operation and maintenance of its tower and equipment.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 017, 2010, Authorizing the Transfer of Existing
Appropriations from the Street Oversizing Fund to the Capital Projects Fund for the North
College Avenue and East Willox Lane Improvements Project.
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March 16, 2010
8. Second Reading of Ordinance No. 018, 2010, Establishing Rental Rates and Delivery
Charges for the City's Raw Water for the 2010 Irrigation Season.
9. Second Reading of Ordinance No. 019, 2010, Amending Chapter 26 of the City Code
Relating to Right of Entry and Nuisance Abatement and Article VII of Chapter 26 Relating
to Stormwater Quality and Enforcement.
10. Second Reading of Ordinance No. 021, 2010, Authorizing the Conveyance of Three Non-
Exclusive Utility Easements on City Property to Qwest Corporation.
11. Second Reading of Ordinance No.022,2010, Expanding the Boundaries of the Fort Collins
Downtown Development Authority and Amending the Plan of Development of the
Authority.
12. Second Reading of Ordinance No. 023, 2010, Authorizing the Conveyance of a Perpetual,
Non-exclusive Easement to Larimer County Canal No. 2 Irrigating Company.
13. Second Reading of Ordinance No. 024, 2010, Appropriating $350,000 from Prior Year '
Reserves, Committed to Police, in the Capital Expansion Fund for Crossroads Safehouse.
23. Second Reading of Ordinance No. 012, 2010, Appropriating Unanticipated Grant Revenue
in the Transportation Services Fund to Be Used for the 2010 Fort Collins Bikes Program.
25. Items Relating to Medical Marijuana. -
A. Second Reading of Ordinance No.025,2010,Adding an Article to Chapter 15 of the
City Code Governing the Licensing, Location and Operation of Medical Marijuana
Businesses.
B. Second Reading of Ordinance No.026,2010,Making Amendments to the City Land
Use Code Relating to Medical Marijuana.
Ordinances on'First Reading were read by title by City Clerk Krajicek.
14. First Reading of Ordinance No. 027, 2010, Appropriating Prior Year Reserves.
15. First Reading of Ordinance No.028,2010,Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the
2010 Adopted City Budget.
16. First Reading of Ordinance No. 029,2010,Amending Sections 7.5-24 and 7.5-25 of the City
Code Regarding the Refunding of Capital Improvement Expansion Fees for Abandoned
Development Projects.
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March 16, 2010
17. Items Relating to a Review of the City's Stormwater Management Program.
A. First Reading of Ordinance No. 030, 2010 Amending Section 26-492 of the Code
Declaring the Purpose of the Stormwater Utility.
B. First Reading of Ordinance No. 031, 2010 Adopting Landscape Design Standards
and Guidelines as an Addendum to the City's Storm Drainage Design Criteria and
Construction Standards.
18. First Reading of Ordinance No. 032, 2010, Authorizing an Option to Lease, and a
Subsequent Lease of, City-Owned Property at Collindale Golf Course to Clear Wireless,
LLC for the Installation of a Wireless Service Tower and Related Equipment,and the Grant
of Associated Easements.
24. First Reading of Ordinance No. 034,2010,Adopting a Development Agreement Extending
the Term of Vested Property Rights for Rigden Farms, LLC and Rigden Development,LLC
for Phases 1I and III of Rigden Farm Filing Six Final Plan for Ten Years.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve the Consent Calendar as modified. Yeas: Hutchison, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Roy noted the significance of the Crossroads Safehouse funds appropriation.
Councilmember Ohlson asked that Items Relating to a Review ofthe City's StormwaterManagement
Program be a discussion item on Second Reading.
Staff Reports
Holly Carroll,Poudre Library District Executive Director,and Mike Liggett,Poudre Library District
Board of Trustees President, discussed and presented the video Community Report and Annual
Report for the Library District.
Councilmember Reports
Councilmember Manvel discussed the importance of the national Census forms and encouraged
residents to complete them.
Items Relating to the FC Bikes Program, Adopted on Second Reading
The following is staffs memorandum for this item.
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March 16, 2010
"EXECUTIVE SUMMARY
A. Resolution 2010-018 Repealing Resolution 2010-008 and Authorizing the Mayor to Enter
into an Intergovernmental Agreement with the State of Colorado Department of
Transportation for the Purposes of Supporting the City's FC Bikes program for Fiscal
Year 2010 Funding Period Utilizing Congestion Mitigation Air Quality Funds.
The Colorado Department of Transportation (CDOT) has revised the FC Bikes Program funding
contract with the City of Fort Collins for 2010-11. Originally, CDOT hadprogrammed the contract
for both fiscal years 2010 and 2011. However, on March 1, 2010, CDOT notified the City that it can
only contract for one year at a time. Resolution 2010-018 repeals Resolution 2010-008 to clarify
the authorization granted under this Resolution is only for the year 2010 and that the amount of
fundingprovided by the CDOT Congestion Mitigation&Air Quality(CMAQ)grant is in the amount
of$150,000 provided that the City expends matching funds in the amount of$37,500 for the 2010
budget year. This change in contract administration does not change the overall two year funding
amount; it just divides it into two one year segments.
B. Second Reading of OrdinanceNo. 012,2010,Appropriating Unanticipated GrantRevenue
in the Transportation Services Fund to Be Used for the 2010 Fort Collins Bikes program
(Option #I or#2). ,
On March 2, 2010, Council requested that the Congestion Mitigation and Air Quality (CMAQ)
grant for the City's FC Bikes Program be amended. The amendment was to utilize $15,000 to
$20,000 of the grant monies to issue a request for proposals (RFP) to:
• hire a coordinator to write a Bike Safety Education Plan
• act as a liaison to help coordinate the Safe Routes to Schools grant
• develop the concept of a Master Cyclistprogram(in the context of the Bike Safety Education
Plan)
• explore the use of BOB funds to help build a Bike Safety Town in one of the City's parks
Staff explored the possibility of adding the objectives of the proposed amendment to the FC Bikes
scope of work with the Colorado Department of Transportation and the North Front Range
Metropolitan Planning Organization. Both organizations advised staff against adjusting the scope
of work because some of the activities within the proposed amendment were not permissible using
CMAQ funding and that the proposed changes to the scope of work would further delay the funding
to June 2010 and/or jeopardize the funding altogether. The Bicycle Advisory Committee also
discussed the proposed amendment at its March 8, 2010 regular meeting. A motion was passed(6-
2) recommending that the Ordinance be approved by the Council in its original form without
amendment(Option #1).
C. Resolution 2010-019 Directing City Manager to Pursue the Concept of a "Master Cyclist"
program and a "Bike Safety Town" in the Development of the Bike Safety Education
Plan.
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Resolution 2010-019 directs staff to create a Bicycle Safety and Education Plan,develop the concept
of a master Cyclist program, explore the use of annual Building on Basics revenues to potentially
assist in the construction of a "Bike Safety Town"in one of the City's parks and coordinate the Bike
Safety and Education Plan Project closely with the Safe Routes to School program. "
David Kemp, Bike Coordinator, discussed the grant-funded FC Bikes Program.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-018.
Councilmember Manvel expressed support for the FC Bikes Program and for the additional
emphasis on safety aspects of biking.
The vote on the motion was as follows: Yeas: Hutchison, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Option#1 of
Ordinance No.012,2010,on Second Reading. Yeas:Hutchison,Manvel,Ohlson,Poppaw,Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-019.
Councilmember Roy thanked staff for bringing this Resolution forward.
The vote on the motion was as follows: Yeas: Hutchison, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 034, 2010,
Adopting a Development Agreement Extending the Term of Vested Property
Rights for Rigden Farms, LLC and Rigden Development, LLC for Phases II
and III of Rigden Farm Filing Six Final Plan for Ten Years, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This proposed Ordinance adopting a Development Agreement Extending the Term of Vested Rights
for Rigden Farm Filing Six, is part of a larger settlement of a dispute between the Rigden Farm
developers and the City.
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BA CKGR O UND/D IS C USSION
Litigation has arisen between Rigden Farms, LLC, Rigden Development, LLC(hereafter referred
to as "Rigden')and the City regarding the development of Rigden Farm Filing Six in particular and
other portions of Rigden Farm in general. In an effort to resolve the dispute behind the litigation,
Rigden and the City engaged in mediation, and a tentative settlement agreement has been reached.
One of the elements of settlement is the establishment of an extended vested right for Rigden Farm,
to run for ten years, essentially until April 30, 2020.
Rigden contends that the length of time that it has taken for the public infrastructure to be
constructed around Rigden Farm allegedly caused Rigden to be subject to the current recession and
has made it difficult, if not impossible for Rigden to meaningfully market the property at the present
time. Therefore,Rigden has sought an extension of the vested right that it had for the property prior
to its expiration so that it can engage in development and/or marketing efforts.
Section 2.2.11(D)(3) of the Land Use Code establishes a three-year term of vested right, but also
authorizes the City Council to adopt a development agreement which would extend the term of
vested right,provided that the development agreement is adopted by ordinance of the City Council
as a legislative act and also provided that the City Council determines that it will likely take more
than three years to complete all engineering improvements for the development, and only if
warranted in light of all relevant circumstances including, but not limited to, the size and phasing
of the development, economic cycles, and market conditions. Given the current economic cycle and
market condition, Rigden is asking the City Council to make this finding and authorize the ten year
vesting. While City staff disputes Rigden's contention that it has breached any legal duty to Rigden
or that Rigden has suffered economic harm as a result of any acts or omissions of the City, staff
believes that the extension of the vesting period for Rigden Farm is reasonable under the
circumstances, especially in view of the size of the development, the level ofRigden's investment in
the property and the recent economic downturn.
The attached Ordinance would make the necessary finding and would approve a "Development
Agreement Regarding Vested Rights" which would essentially afford Rigden until April 30, 2020,
to undertake and complete the development in accordance with the approved site specific
development plan and engineering drawings. "
Steve Roy stated this item has come before Council as part of a tentative settlement of a dispute
involving the Rigden Farm development. The item will extend the term of vested property rights
for the development.
Steve Dush,Current Planning Director,stated the request is for a vested rights extension for a period
often years for the Rigden Farm Development. Approximately 75%of the development has already
been completed.
Councilmember Roy made a motion,seconded by Councilmember Troxell,to adopt Ordinance No.
034, 2010, on First Reading.
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March 16, 2010
Councilmember Ohlson expressed concern about extending vested rights for as long as ten years.
The vote on the motion was as follows:Yeas: Hutchison,Manvel,Poppaw,Roy and Troxell. Nays:
Ohlson.
THE MOTION CARRIED.
Items Relating to Medical Marijuana, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 025, 2010, Adding an Article to Chapter 15 of the City
Code Governing the Licensing, Location and Operation of Medical Marijuana Businesses
B. Second Reading of Ordinance No. 026, 2010, Making Amendments to the City Land Use
Code Relating to Medical Marijuana.
Ordinance No. 025, 2010, adopted on First Reading on March 2, 2010, by a vote of 6-1 (nays:Roy),
establishes a licensing process for all medical marijuana businesses as well as location
requirements for medical marijuana dispensaries(MMDs)and their associated cultivation sites,and
requirements governing the operation ofthesefacilities. The regulations also address the cultivation
Of marijuana by patients and primary caregivers who serve no more than one patient and who do
not need to obtain a City medical marijuana license. Ordinance No. 026, 2010, adopted on First
Reading on March 2, 2010, by a vote of 6-1 (nays: Roy),provides zoning regulations for medical
marijuana businesses.
BA CKGR O UND/D IS C USSION
The overall purpose of the regulations that would be imposed by the ordinances is to protect the
rights of patients and primary caregivers as afforded by Amendment 20 and to also protect the
public health, safety, and welfare of the community. The uniqueness and newness of this industry
set it apart from other licensed business models and these regulations focus on serving the
community as a whole, and not on protecting particular business models.
A moratorium on the issuance of new licenses to medical marijuana businesses went into effect on
December]], 2009 and is scheduled to expire on March 31, 2010. If approved on Second Reading
as scheduled, the proposed regulations would take effect prior to the expiration of the moratorium.
However, the location requirements imposed by the two ordinances would not apply to existing
MMDs pending a decision by the Council as to whether to "grandfather"those existing businesses.
On Second Reading, staff is providing, at Council's request, additional information about optional
spacing requirements. Those options, and the anticipated effect they would have on existing MMDs,
are shown on the attached maps.
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In addition, staff has made several changes to Ordinance No. 025, 2010, as a result ofpublic input
and further staff analysis. The most significant changes are as follows:
• The wording of the second-to-last "whereas"clause has been modified, and language has
been added to Section 15-450, to clarify that the Ordinance is not intended to track the
language ofAmendment 20 or "implement"that constitutional provision, since that is the
responsibility and prerogative ofthe state legislature. Instead, theproposed regulations are
intended to locally regulate the possession and use of medical marijuana in a manner that
acknowledges and protects the rights of patients and primary caregivers, while also
protecting the health, safety, and welfare of the public and curtailing, to the extent
reasonably possible, the possession, use, distribution or transportation of marijuana for
unlawful purposes. Compliance with the proposed regulations does not necessarily ensure
compliance with Amendment 20. However, it is not the City's intent in adopting these
regulations to authorize or make legal any act that is not permitted under federal or state
law. Persons handling medical marijuana must be cognizant of their rights and
responsibilities under all applicable law and make their decisions accordingly.
• A definition of"dwelling unit"has been added because, in Section 15-452, the twelve plant
cultivation limit has been revised so that it applies per dwelling unit rather than per parcel
of property.
• The definition of'financial interest" has been re-arranged and expanded to include all
creditor interests whether or not they are evidenced by a promissory note or other written
document.
• Section 15-453 has been revised in two respects: to specify the forms of identification that
are acceptable;and to limit the financial interest holders that must be disclosed to those that
hold a ten percent or more interest in the business or in the entity that is applying for a
license.
• A new subsection has been added to Section 15-456stating that the City will issue a license
for each medical marijuana facility that will be operated by the licensee.
• A new subsection has been added to Section 15-458 requiring any person delivering medical
marijuana to have in his or her possession a copy of the business license under which he/she
is operating and to display the license upon request of a law enforcement officer.
• Section 15-469(3) and (4) have been revised to clarify that no more than two ounces of
medical marijuana can be bought or sold within any seven day period of time.
• Section 15-476 has been revised to state that a licensee is entitled to notice and a hearing
before the City Manager decides not to renew or to suspend or to revoke a license.
• The implementation provisions of the Ordinance have been revised in two significant
respects:
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• The language in Sections 3 and 4 has been revised to clarify that "existing businesses"
means those businesses that obtained a sales and use tax license prior to the effective date
of the moratorium ordinance and that actually commenced operations prior to the effective
date of Ordinance No. 025, 2010.
• Section 4 has been revised to allow existing businesses until May 31, 2010, to submit an
application for a license.
A new Section 10 has been added which terminates the moratorium as of the effective date of the
Ordinance."
Deputy City Manager Jones discussed the history of the moratorium and the goals of the proposed
regulations. ;
Ginny Sawyer,Neighborhood Administrator, noted no City ordinance will determine what is or is
not criminal under federal or state law and detailed the changes and clarifications made to the
Ordinances on Second Reading.
City Attorney Roy noted grandfathering will come into play regarding whether existing medical
marijuana dispensaries will be able to continue operating in their current locations. If so,theywould
be subject to all other regulations.
Ian Leverette,Compassionate Outreach and home occupation license holder,asked for clarification
on the home occupation provisions and urged Council to reconsider the regulations relating to felony
convictions.
Scoot Crandall, Team Fort Collins Executive Director, expressed concern regarding public health
issues relating to medical marijuana.
Reverend Brandon Baker,Fort Collins resident,asked that language relating to churches be removed
from the regulations.
Don Cruickshank, 123 East Drake, medical marijuana dispensary owner, expressed concern that
some of the regulations are too strict.
Janet Kramer, 1325 East Prospect Road, caregiver, thanked staff and expressed concern regarding
the lack of available locations for cultivation facilities.
Joe Dice,The Grow Shop,expressed concern regarding the proposed zoning regulations and the lack
of available locations for cultivation facilities.
Nick Dice, 1240 West Elizabeth,dispensary owner,expressed concern regarding a lack of outreach
to dispensary owners and disagreed with many of the proposed regulations.
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Michael Stolting, 1240 West Elizabeth,expressed concern regarding medical marijuana dispensaries
being regulated differently than pharmacies for other prescription drugs.
Rob Haas,Fort Collins resident, expressed concern regarding the impacts of residential growing on
neighborhoods and houses and urged Council to limit the plants allowed in a residence to 12.
Dr. Dan Korb, 310 West Oak, child adolescent psychologist, expressed concern regarding medical
marijuana impacts on youth.
Phillip Hales, 220 Fishback Avenue, expressed discontent with the medical marijuana regulations.
Alfred Reaud, 1104 Columbine Court, asked that the proposed distance regulations from churches
and recreation facilities be decreased.
Carrie Cortiglio, Health District of Northern Larimer County, 120 Bristlecone Drive, expressed
concern regarding mental health impacts of medical marijuana on adolescent users and supported
strict regulation of dispensaries.
Adam Titelbaum, 1508 West Lake, medical marijuana patient, encouraged Council to grandfather
existing medical marijuana dispensaries to allow them to remain in their current locations.
Karby Allington-Goldfain, 3545 Sunflower Way, supported the regulations.
Lloyd Walker, 1756 Concord Drive, supported the regulations.
Russ Orsbom, 420 South Howes Street, medical marijuana dispensary employee, discussed the
demographics of medical marijuana patients and stated patients would prefer to use medical
marijuana over narcotics.
Tim Gordon,Medicinal Gardens,420 South Howes Street,thanked staff for work on the regulations.
He opposed distance regulations and regulations regarding the amount of marijuana that can be
distributed per patient per week. He encouraged Council to postpone a vote on the regulations.
Kirk Scramstad, 123 East Drake, opposed the regulations relating to the amount of medical
marijuana that can be distributed per patient per week.
Charles (no last name given), Fort Collins `resident, discussed the relationship between medical
marijuana and fitness.
Travis Cutbirth, Medicinal Gardens, 420 South Howes Street, opposed strict regulations.
Carly Rockwell, 1801 Creekwood, read a book she wrote about medical marijuana.
Brian Fisher, Fort Collins resident, opposed the 1000 foot distance requirements.
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Dr.Nancy Smith,420 South Loomis, Center for Family Care Director,cited statistics regarding the
number of medical marijuana users and expressed concern regarding the impact of medical
marijuana on youth.
Cyndy Odenwald, 2824 Redwing Road, supported the regulations.
Brett Barney, attorney for Coloradans for Medical Marijuana Regulation, noted children cannot
acquire medical marijuana from dispensaries. He urged Council to grandfather existing medical
marijuana dispensaries and suggested a secondary licensing scheme that would allow on-site
consumption for patients living in federally-subsidized housing.
Michael Moeckler, Campus East Dispensary, 1740 South College, opposed the regulations and
expressed concern regarding privacy issues.
Douglas Anderson, medical marijuana dispensary owner, opposed the regulations.
Evan Stafford,417 East Plum,expressed concern that the distance regulations would effectively ban
dispensaries from Fort Collins and urged Council to postpone a vote on the regulations.
Ken Correla, 301 Smokey Street, dispensary owner, opposed regulations that would not allow
growing on-site.
Jim Webber, Clinical Director for the Day Drugs and Alcohol Programs at Colorado State
University, expressed concern regarding the impact of medical marijuana on CSU students and
supported the regulations.
Donna Lawson, 305 Yale Way, caregiver and medical marijuana patient, urged Council to
grandfather existing dispensaries.
Dorry Mann, 1801 Creekwood Drive, supported the regulations on behalf of her daughter.
Noah (unidentifiable last name), Fort Collins resident, opposed the regulations.
Kimber Haas,northern Colorado resident, supported regulating medical marijuana in the same way
as other prescription drugs.
Bruce Lockhart,2500 East Harmony Road,discussed Council's handling of the medical marijuana
issue.
Joey Simental, Abundant Healing, 351 Linden, discussed discrimination with respect to medical
marijuana and opposed the regulations.
Emily Johnson, Fort Collins resident, opposed the regulations.
Bailey Stanfield,2323 Sunburst, supported the regulations, specifically the distance requirements.
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Dustin Jesch,Colorado resident,medical marijuana patient and dispensary owner,expressed concern
that growing operations are proposed to be in separate locations from dispensaries.
Kim Lurbe, owner Nature's Medicine, expressed concern that some of the regulations are too
restrictive.
Derek Golden, 1335 West Elizabeth Street, caregiver, discussed the benefits of medical marijuana
for various conditions.
Halley Bowl, caregiver and CNA, discussed the relationships between caregivers and patients and
expressed concern regarding wholesale and retail taxes. She urged Council to postpone a vote.
Eli(no last name given),dispensary owner and caregiver,opposed the regulations and urged Council
to postpone a vote.
Steve Ackerman, 721 North Taft Hill Road, opposed the regulations.
Cassandra Dennis,patient and medical marijuana dispensary employee,opposed the regulations and
encouraged youth education relating to medical marijuana.
Monte Barry, 415 South Howes Street, opposed the zoning regulations stating they effectively ban
medical marijuana dispensaries.
Ann(no last name given),Fort Collins resident,discussed sales tax revenue statistics and supported
the regulations.
Councilmember Kottwitz asked for an approximate number of medical marijuana cardholders in
Fort Collins. Jerry Schiager,Police Services,replied there are 19,000 card holders in Colorado with
approximately 40,000 applications waiting to be processed. Larimer County accounts for about 9
to 10% of the state; therefore, there are likely approximately 6,000 card holders in Larimer County
and perhaps 4,000 in Fort Collins.
Councilmember Kottwitz asked if focus groups had been held. Schiager replied focus groups had
been held with patients,dispensary owners,business owners,and residents. An open house was also
held.
Councilmember Poppaw thanked the citizens who spoke and asked if there was consideration of a
two-year review of the ordinances after establishment. Sawyer replied that could be included.
Councilmember Poppaw asked about limiting purchases to four versus two ounces of medical
marijuana per patient per week. Schiager replied the two ounces initially seemed workable; more
recent conversations have shown logic in increasing that amount without much concern that it would
potentially be sold on the black market.
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City Attorney Roy replied the limit per person is the same for patients, primary caregivers, and
dispensaries.
Councilmember Manvel expressed concern that the regulations do not allow commerce between
entities. Schiager replied that a person distributing marijuana must have a caregiver relationship
with patients; therefore, what is produced must be distributed to patients. Wholesale growing
without any relationship with the patient is likely not within the intent of Amendment 20.
City Attorney Roy stated Amendment 20 creates an affirmative defense and an exception to state
criminal laws. At the local level, the goal is to fashion regulations that stay within existing law.
Councilmember Poppaw asked about the average age of medical marijuana cardholders. Schiager
replied the average age is approximately 40.
Councilmember Poppaw asked who performs site inspections and who views patient information.
Schiager replied facility inspections would be performed to ensure building codes are met, and
compliance inspections would be conducted by law enforcement. Law enforcement is prohibited
from making patient names public. The interest is not the medical records but the transaction
records.
Councilmember Poppaw asked if grandfathering could be done on an individual basis. City
Attorney Roy replied spot grandfathering, based upon certain criteria, may be possible.
Councilmember Ohlson noted users of other prescription drugs are not counted. He asked how
much a mature marijuana plant averages in production and its monetary value. Schiager replied a
12-plant growing operation, with six mature and six immature plants, as per the proposed
regulations, would produce 4 ounces per plant. A year-long cycle would result in seven harvests of
24 ounces each, which is 168 ounces per year. A wholesale value is likely around $4,000 for that
amount, possibly more if it is being sold by the gram or quarter-ounce.
Councilmember Ohlson asked about the growing limits in residential areas. Sawyer replied, in
residential areas, a single patient, or a caregiver with no more than one patient, would be allowed
to have up to 12 plants in his home. There is no requirement that the City be notified of these types
of operations.
Councilmember Ohlson noted there is one existing dispensary that meets the distance regulations
as proposed. Sawyer replied that is correct, under the assumption that no dispensaries would be
allowed in residential zones. An option which has distance requirements of 500 feet from schools,
childcare centers, places of worship, recreation and rehab facilities, but no distance requirements
from residential zones leaves 15 existing dispensaries meeting the criteria.
Councilmember Ohlson clarified there could be four to eight ounces of sales per week between
dispensaries. Schiager replied in the affirmative. City Attorney Roy noted the state does not clearly
express how much a person is allowed to purchase; however, the presumptive limit per patient, or
per primary caregiver, is two ounces.
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Councilmember Ohlson asked about the reasoning behind eliminating on-site growing at
dispensaries, given it would allow for quality control. Schiager replied the discussion between
dispensary operators and City officials resulted in that regulation as a safety precaution.
Councilmember Poppaw asked if landlords could choose to not rent to growing operations. Schiager
replied in the affirmative.
Councilmember Ohlson asked Carrie Cortiglio,Health District of Northern Larimer County, about
the current position of the Health District regarding alcohol, bars, and breweries. Ms. Cortiglio
replied her board has never taken a position on illegal alcohol use.
Mayor Hutchinson noted medical marijuana is legal and Council should focus on complying with
that law while not encouraging unlawful distribution and use.
Councilmember Poppaw asked about distance requirements for establishments that sell or serve
alcohol. Schiager replied that is a state requirement and it is 500 feet from schools. City Attorney
Roy replied schools include colleges and universities in that regulation; however, Fort Collins has
limited the college and university aspect to two types of liquor-licensed establishments: retail
package stores and liquor-licensed drug stores.
Councilmember Manvel noted security should be as tight or tighter at a dispensary than a growing
facility. Schiager replied the assumption was that industrial space would be available for growing
operations and separating that from the retail operation seemed logical. It is possible that retail
buildings exist that could house both.
Councilmember Kottwitz asked about education requirements for medical marijuana distributors.
Schiager replied there are no such requirements. The Colorado Department of Health and
Environment has been given the responsibility for implementing Amendment 20 but there are no
regulations relating to dispensaries or who can run them.
Councilmember Roy asked how many medical marijuana transactions have happened that would
have otherwise been black market. Schiager replied it is all "underground" right now; there is no
way for the transactions to be regulated at this point.
Councilmember Roy asked about the proceeds from transactions. Schiager replied the sales tax
revenue data is just beginning to come in.
Councilmember Roy asked about the feasibility of postponing the vote. City Attorney Roy replied
Council could wait until the state acts, and then determine what types of local regulations might be
needed. Council could also very specifically identify the desired changes and return for a vote at
a date certain. The moratorium could be extended until a decision on the regulations has been made.
Mayor Hutchinson suggested Council could move to postpone until after the state regulations have
been put in place.
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City Attorney Roy suggested resolving the on-site growing issue and separation requirements on
April 20.
Councilmember Troxell stated the regulations have been well researched in terms of what might
make the most sense for Fort Collins and encouraged adopting the Ordinances on Second Reading.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw,to adopt Ordinance
No. 025, 2010, as revised, on Second Reading.
Councilmember Ohlson expressed support for strong effective regulations, but did not support the
motion stating the ordinances surreptitiously ban the industry from Fort Collins. He suggested
postponing a vote.
Councilmember Kottwitz stated she would not support extending a moratorium which would be
required if the vote is postponed.
Councilmember Manvel expressed concern that there are no available locations for production
facilities. He stated he would support moving forward with a vote, assuming some issues are
resolved.
City Attorney Roy stated the first deadline, assuming adoption on Second Reading, would be the
end of May for existing medical marijuana businesses to submit applications for new licenses. As
long as they have submitted an application,they can stay in business. After decisions on provisional
licenses have been made, likely around the end of June, some dispensaries will need to shut down.
At that point, the state legislature will have acted and staff will be able to make recommendations
relating to separation requirements.
Councilmember Poppaw made a motion,seconded by Councilmember Troxell,to modify the zoning
and spacing restrictions to citywide, 1000 feet spacing for primary and secondary schools, and 500
feet for all other affected uses, including universities. This is map #9A.
Councilmember Kottwitz expressed support for the compromise.
Councilmember Roy noted that compromise would, without any type of grandfathering, allow six
existing dispensaries to continue operation.
Councilmember Manvel asked if existing businesses which do not fall into acceptable locations
given these distance requirements,would be allowed to move to acceptable locations rather than risk
not being grandfathered. City Attorney Roy replied they would be able to do that, assuming they
meet all new Land Use Code requirements in the new location.
Councilmember Manvel asked about availability for growing locations. Schiager replied 1,529 acres
of available industrial land for grow operations exists, not all of which is developed. Adding
commercial zones would increase available land significantly; however, that option was not
thoroughly researched in terms of impacts.
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Councilmember Marvel stated he would not support the motion unless the issue is resolved.
Deputy City Manager Jones suggested the Ordinance could be adopted without this piece, which
could be considered after license applications have been processed.
Sawyer stated April 20 would be a logical date for staff to return with options for cultivation
facilities.
City Attorney Roy suggested the deadline for applications from existing dispensaries may need to
be pushed back should Council move forward with the Ordinance and postpone a decision regarding
cultivation facilities.
Councilmember Roy expressed discontent with the regulation discussion.
Councilmember Kottwitz noted grandfathering is always an option, with respect to cultivation and
dispensaries.
Councilmember Manvel asked what percentage of the marijuana being sold by Fort Collins
dispensaries is being produced at dispensaries. Schiager replied that is a difficult number to
determine. ,
Councilmember Ohlson asked if the grandfathering issue could be discussed at this time. City
Attorney Roy replied there are legal ramifications which may better be discussed in executive
session. The grandfathering issue will be whether or not allow those businesses that fall into
separation boundaries to continue in their current locations, or at least some of them, regardless of
the separation and zoning requirements that would apply to new businesses.
Councilmember Poppaw expressed support for spot grandfathering within a set of criteria.
Councilmember Marvel clarified that existing dispensaries could not change locations without
applying for a new license during a moratorium.
City Attorney Roy stated there are two remaining issues, should Council pass the regulations with
the new distancing requirements as per map #9A: the possibility of on-site grows in Commercial
zones, and site-specific grandfathering. Staff could return on April 20 with a recommendation and
revised language regarding on-site grows but needs direction on whether to work on the
grandfathering issue or wait on state regulations.
Councilmember Ohlson expressed support for the motion and Council's negotiation.
Councilmember Poppaw thanked staff and citizens.
City Attorney Roy suggested revising the motion to extend the date for existing businesses to apply
for licenses to June 30 and extend the date to September 1, at the latest, to come back with the
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grandfathering discussion. Councilmembers Troxell and Poppaw agreed to amend the motion as
suggested.
Councilmember Manvel asked that Ordinance language referencing non-flowering plants be
changed to include seedlings and seeds. City Attorney Roy replied the changes would be made by
April 20.
Councilmember Manvel asked for reasoning behind changing the language from"per week"to"per
seven day period." Schiager replied the change was made in order to be more precise.
Councilmember Kottwitz expressed support for Council's negotiation.
Councilmember Troxell stated he would support the motion. �
Councilmember Roy thanked staff for work on the item. He stated he would not support the motion
as the regulations seem to be too prohibitive.
Councilmember Manvel expressed support for the motion.
City Attorney Roy stated Assistant City Attorney Ablao will be leaving the City and thanked her for
her service.
Mayor Hutchinson stated the regulations protect the public health, safety, and welfare, as well as
the rights of patients and their primary caregivers while discouraging the unlawful use and
distribution of marijuana.
The vote on the motion was as follows: Yeas: Hutchinson,Kottwitz,Manvel, Ohlson,Poppaw and
Troxell. Nays: Roy.
THE MOTION CARRIED.
City Attorney Roy stated the May 31 date in Ordinance No. 026, 2010, would need to be changed
to June 30.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw,to adopt Ordinance
No. 026, 2010, as amended, on Second Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw and Troxell. Nays: Roy.
THE MOTION CARRIED.
Other Business
Councilmember Roy asked for information regarding chronic wasting disease on Soapstone Prairie.
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Adjournment
The meeting adjourned at 11:20 p.m.
Mayor
ATTEST:
City Clerk
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