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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/17/2012 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JDATE: July 17, 2012 STAFF: Rita Harris AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Consideration and Approval of the Minutes of the June 5, 2012 Regular Meeting and the June 26, 2012 Adjourned Meeting. June 5, 2012 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 5, 2012, 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: Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weitkunat. Councilmembers Absent: Horak Staff Members Present: Atteberry, Jensen, Roy. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. Citizen Participation John Fye, 1405 Briarwood Road, stated he is the Republican candidate for the Colorado House of Representatives House District 53. He opposed the placement of a GPS tracking device by the Sheriff’s Office on a citizen’s vehicle. Mel Hilgenberg, 172 North College, thanked the City for the placement of downtown flowers and requested that the City enter into a partnership to renovate the horse-drawn school bus. He suggested term limits be removed or increased and suggested a retail sales tax be placed on internet sales. He promoted the legalization of all organic drugs, with heavy taxing and regulations. Cheryl Distaso, 135 South Sunset, Fort Collins Community Action Network, encouraged Council to adopt a resolution that urges Congress to pass a constitutional amendment that would overturn the U.S. Supreme Court decision in the Citizens United case. She read part of the suggested resolution. Nancy York, 130 South Whitcomb, completed the reading of the suggested resolution regarding the Corporation Separation Movement. George Meyer, non-Fort Collins resident, discussed corruption within the City organization. Melanie Schure, 2613 Adobe Drive, supported the Corporation Separation Movement resolution. Sean Dougherty, Fort Collins resident, appreciated the accessibility of Council and staff and requested thorough vetting of the extension of term limits. 410 June 5, 2012 Stan Schure, 2613 Adobe Drive, supported the Corporation Separation Movement resolution. Sarah Burnett, 714 Gilgalad Way, opposed intense multi-family housing projects for which the City has no standards. She requested that Council schedule a work session to examine the issue and develop new standards. She suggested Council place a moratorium on these types of project until standards can be developed. Stacy Lynne, 305 West Magnolia, stated she was illegally arrested and wire-tapped by the Sheriff’s Office and that her son was inappropriately removed from her home. Bill Malinny, Fort Collins resident, continued on Ms. Lynne’s behalf. Jean Heintz, Fort Collins resident, continued on Ms. Lynne’s behalf and stated crimes were committed within City limits. Jim Hartman, Fort Collins resident, continued on Ms. Lynne’s behalf. Heather Meyer, 6738 Colony Hills Lane, discussed the large community need for United Way funding. Russ Harvey opposed the recent incident relating to Stacy Lynne and the Larimer County Sheriff’s Office. Debbie Carrow opposed the recent incident relating to Stacy Lynne and the Larimer County Sheriff’s Office. Maureen Paterson requested that Council investigate the situation relating to Stacy Lynne and her son. John Maulsby, Wellington resident, stated Stacy Lynne’s issues with the Sheriff’s Office began after she started to publicly discuss ICLEI. Betty Aragon, 140 2nd Street, opposed the Ride the Rockies event and the negative impacts of such event on the Buckingham neighborhood. Jeffery Martin, Fort Collins Board of Realtors president, discussed term limits and opposed the placement of the issue on the November ballot due to the cost of the election. Marcella Lozano, 212 East Lincoln, opposed the Ride the Rockies event due to its negative impact on the neighborhood. Elaine Bueno, 217 2nd Street, opposed events in and near the neighborhood surrounding the breweries. Naun Ruiz, 122 East Lincoln, opposed the Ride the Rockies event and suggested it be moved to another park. He stated traffic laws are not enforced on Lincoln Avenue. John Anderson, Fort Collins resident, supported the Corporation Separation Movement resolution. 411 June 5, 2012 Zach Heath, 135 South Sunset, supported the Corporation Separation Movement resolution. Clint Skutchan, Fort Collins Board of Realtors Chief Executive Officer, discussed a poll conducted by the Board of Realtors and hoped the results helped add to the dialog regarding good governance. Dee Amick, 221 Park Street, supported Ms. Lynne and her fight for her son’s custody. Bill Miller, 322 Scott Avenue, supported the reversal of Citizens United ruling. Austin Motinhaupt supported Ms. Lynne and her fight for her son’s custody. Maury Wallace suggested Jaden Lynne was illegally abducted. Stacy Christine supported Ms. Lynne and her fight for custody of her son. Chuck Churchman, Denver resident, supported Ms. Lynne and her fight for her son’s custody. John Weiss discussed the Timothy Masters case and compared it to that of Stacy Lynne. Citizen Participation Follow-up Mayor Weitkunat asked for staff input regarding the role of the City in County issues, specifically relating to the Stacy Lynne case. City Attorney Roy replied Council has the ability to make laws and policy for the City. The City Manager is the head of the City government and the Chief of Police answers to the City Manager. The Larimer County District court system is separate and apart from the City government, and the Council has no authority to overturn that decision. Additionally, the Council has no jurisdiction over Larimer County’s law enforcement activities. The City Police are empowered to enforce the penal laws of the state as well as the City, and if there is an allegation of criminal misconduct on the part of any person within the City limits, Police Services has the authority to investigate those allegations and the discretion to make a determination as to whether probable cause exists to present, in the case of state laws, potential prosecution to the District Attorney. It is the District Attorney, not the City, who is ultimately responsible for determining whether those kinds of crimes should be prosecuted. In considering the allegations that have been made, the potential role of the City government would be limited to the possibility of investigating and presenting to the District Attorney for potential prosecution, any criminal conduct that may have occurred on the part of any person within the city limits. Mayor Weitkunat asked about the questions regarding security, safety and enforcement near the breweries and about the Ride the Rockies event. City Manager Atteberry replied he and staff would conduct an after-event review with neighbors. Councilmember Kottwitz asked about the citizen comment regarding the lack of sidewalks in the neighborhood but the addition of a new bike path. She requested the City have adequate resources available for the neighborhood when the Ride the Rockies event occurs and asked if DUI charges apply to bicycles. City Manager Atteberry replied it is illegal to ride bicycles while under the influence. He stated an asphalt layer was put down for cyclists and walkers for safety reasons. Councilmember Kottwitz suggested staff follow-up with the neighborhood regarding the issue. 412 June 5, 2012 Councilmember Manvel also requested staff follow up with the neighborhood regarding events and enforcement surrounding the breweries. He supported the possible formation of a resolution regarding the Corporation Separation Movement, despite it being a national issue. Councilmember Poppaw agreed with Councilmember Manvel. Mayor Weitkunat opposed the consideration of such a resolution given it is a federal issue and its development would take staff time and resources. Councilmember Manvel noted the citizens who spoke have already drafted a potential resolution and stated he would support additional citizen participation. Mayor Pro Tem Ohlson requested additional examination of the sidewalk issue in the Buckingham, Alta Vista, and Andersonville neighborhoods. City Manager Atteberry replied Bruce Hendee, Chief Sustainability Officer, will be heading up a team to examine the issue of neighborhood improvements in the area. Mayor Pro Tem Ohlson agreed with Councilmembers Manvel and Poppaw regarding the possible consideration of a resolution relating to the Corporation Separation Movement. City Attorney Roy requested clarification as to the intent of the resolution. Councilmember Manvel replied the presentation of the citizen-suggested resolution is a good place to start the discussion. City Manager Atteberry noted Police Chief Hutto has heard the discussions this evening and the two will be meeting regarding the issue. Mayor Pro Tem Ohlson stated work session time needs to be devoted to the multi-family housing issue and regulations. He suggested the formation of new regulations be fast-tracked. Councilmember Poppaw supported a moratorium to allow adequate time to look at the issue. Councilmember Manvel also supported a moratorium given the potential cumulative impact of several of these projects in a limited geographic area. Mayor Weitkunat noted the development of the Land Use Code in the 1990s resulted in intentionally-placed high density zoning along the CSU corridor. She expressed concern regarding revisiting the issue. Councilmember Troxell agreed with Mayor Weitkunat’s concerns and stated government intervention in market dynamics sometimes results in negative impacts. Councilmember Poppaw stated a moratorium would give staff and Council the ability thoroughly consider the issue. Councilmember Kottwitz supported gathering much public input regarding the issue, prior to creating a moratorium. 413 June 5, 2012 Mayor Pro Tem Ohlson noted any projects currently in process would not be affected by a potential moratorium. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the May 1 and May 15, 2012 Regular Meetings and the May 22, 2012 Adjourned Meeting. 7. Second Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Turnberry Road Improvements Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The Turnberry Road Improvements Project is a compilation of the City approved, developer required improvements along the three frontages of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions. A new two lane arterial roadway east of the existing roadway between Country Club Road and Brightwater Drive will be constructed. In addition, a pedestrian underpass for a City Parks Trail will be constructed under Turnberry Road as part of this project. The project will also relocate and upgrade utility infrastructure, including the installation of storm sewer and street light improvements as per the approved development plans. Except for the pedestrian underpass which is funded by the Parks Planning Department and the relocation of a water main funded by the East Larimer County (ELCO) Water District, the project will be funded through developer contributions and the Street Oversizing Program. The improvements are in accordance with both the Master Street Plan and the Mountain Vista Subarea Plan. This Ordinance, unanimously adopted on First Reading on May 15, 2012, appropriates revenue for this project. 8. Second Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. This Ordinance, unanimously adopted on First Reading on May 15, 2012, zones 3.96 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The requested zoning for these annexations is Urban Estate. Horse boarding facilities are an allowed use in the Urban Estate zone district. Additionally, as a condition on the requested Urban Estate zoning, staff is recommending the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. 9. Second Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance, unanimously adopted on First Reading on May 15, 2012, appropriates $43,319 for 2012 Cultural Development and Programming activities (Fort Fund) and 414 June 5, 2012 $145,407 for the Fort Collins Convention and Visitors Bureau (FCCVB) from unanticipated revenues and unspent appropriations in the General Fund Lodging Tax Reserves. Approximately $908,908 in Lodging Tax revenue was collected in 2011 that was distributed to the FCCVB (70%), Cultural Development and Programming – Fort Fund (25%), and Tourism Programming - Fort Fund (5%). After 2011 expenditures and miscellaneous revenue, there is unanticipated revenue and unspent appropriations of $43,319 for Cultural Development and Programming -Fort Fund and $145,407 for FCCVB available for activities in 2012. 10. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program and the City’s Human Services Program. A. Second Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnership Fund. C. Resolution 2012-037 Allocating Appropriated Monies from the 2012 Affordable Housing Fund for the Fort Collins Housing Authority’s Supportive Housing Project. Ordinance No. 044, 2012, appropriates the City’s FY 2012 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Ordinance No. 045, 2012, appropriates the City’s FY 2012 HOME Participating Jurisdiction Grant from HUD. Both Ordinances were unanimously adopted on First Reading on May 15, 2012. Resolution 2012-037 will complete the 2012 spring cycle of the Competitive Process, by allocating City financial resources to the Fort Collins Housing Authority’s Supportive Housing project. The additional allocation addresses a $131,892 funding shortfall in currently available and allocated spring Competitive Process monies allowed for Council action on request and/or CDBG Commission recommendations for the Housing and Public Facility funding category. This action would fill the funding gap for the Housing Authority’s requested amount of $455,000 for its Supportive Housing project. 11. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities. A. Second Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. Second Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. 415 June 5, 2012 The Finance Department currently administers three rebate programs for low income, senior and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985 respectively. Ordinance No. 046, 2012, will change the income qualification for the Property Tax rebate from 30% of area median income (AMI) to 50% of AMI to increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate income qualifications and will update the application period to August 1st through October 31st. The income qualification for the Utility Refund will be changed from 30% of area median income (AMI) to 50% of AMI to allow for an increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income qualifications. The application period will be updated to August 1 through October 31. No Code amendment is needed to make these changes because Code Section 26-613 states that applicants for utility rebates must meet the same qualifications requirements as applicants for property tax rebates. A Whereas clause has been added to Ordinance No. 046, 2012, that mentions that a utility refund program is available that follows the same guidelines as the property tax rebate guidelines. Ordinance No. 047, 2012, will update the rebate amount of Sales Tax on Food from $40 to $54 per member of qualifying household, index the rebate amount moving forward to the local CPI and will update the application period to August 1 through October 31. The Ordinances have been amended on Second Reading to add a provision that the City Manager will submit an annual report to City Council by March 31, 2013, reviewing the status of the programs, who is being reached and how participation in the programs has been increased. Both Ordinances were unanimously adopted on First Reading on May 15, 2012. 12. Second Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. Although there has not been a great deal of oil and gas drilling in Larimer County until recently, the discovery of the resource-rich Niobrara formation in this region, and the increased use of horizontal hydraulic fracturing (“fracking”) and directional drilling increase the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the recent legislative discussions as well as drilling activity, and proposes the development of regulations, and a moratorium on any oil and gas drilling until those regulations are adopted. This Ordinance, unanimously adopted on First Reading on May 15, 2012, establishes a moratorium until February 15, 2013 or upon the receipt by the City Council of a recommendation from City staff and legislative action taken by the City Council, whichever occurs first. 416 June 5, 2012 13. First Reading of Ordinance No. 049, 2012, Appropriating Prior Year Reserves in the Light & Power Fund and in the Water Fund for the Fort Collins Museum of Discovery Art in Public Places Project. This Ordinance appropriates $590,000 from the Art in Public Places (APP) Reserves in the Water Fund and Light & Power Fund for APP artist Ned Kahn to create unique educational art experiences as part of the exhibits at the Fort Collins Museum of Discovery. The artist will begin working with the project team to develop unique, inspiring educational displays using the themes of water, sustainability and energy. $45,000 was previously appropriated in 2012 towards the design phase of this project. When completed, the final design concepts will be brought to Council for consideration and approval prior to fabrication and installation. 14. Items Relating to the Water and Sewer Line Relocations Required to Facilitate the Construction of a New Bridge over the Poudre River at Mulberry Street. A. First Reading of Ordinance No. 050, 2012, Appropriating Unanticipated Grant Revenue in the Water and Wastewater Funds to Relocate Certain Utility Facilities to Accommodate the Colorado Department of Transportation’s Proposed Construction of a New Bridge over the Poudre River at Mulberry Street. B. Resolution 2012-038 Authorizing the City Manager to enter into a Grant Agreement with Colorado Department of Transportation for the Funding of Design, Construction, and Project Management for State Highway 14 (Mulberry) Bridge- Related Utility Relocations. The Colorado Department of Transportation (CDOT) is working with the City of Fort Collins Engineering Department to design and construct a new five or six lane bridge over the Poudre River on Mulberry Street. At this time construction on the bridge is scheduled to begin during the summer of 2013. As the bridge design progressed, it was discovered that the Fort Collins Utilities Department has a 42-inch sanitary sewer and a 12-inch water main that cross under the river parallel to and adjacent to the existing bridge. Both the sanitary sewer and the water main are in conflict with the alignment of the new proposed bridge. This Ordinance appropriates funds from existing water and sewer funds to relocate utility lines in conflict with the proposed new CDOT Bridge over the Poudre River at Mulberry Street. The Resolution allows the City Manager to enter into a Grant Agreement with CDOT who will reimburse the Utilities Department based on actual design, construction, and project management costs. Relocation work will not proceed until authorization of work is issued by the CDOT project manager. 15. First Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2012 annual update of the Land Use Code. 417 June 5, 2012 16. Items Relating to the Wood Street Annexation and Zoning. A. Resolution 2012-039 Setting Forth Findings of Fact and Determinations Regarding the Wood Street Annexation. B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort Collins. This is a request to annex and zone 17.3443 acres located on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is developed and is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned O – Open in Larimer County to the south and west, as well as E – Employment in the City to the west (City of Fort Collins Fleet Services Building), and POL – Public Open Lands in the City (Lee Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. 17. First Reading of Ordinance No. 054, 2012, Designating the Lory/Coffin/Klender Residence and Garage, 621 East Locust Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Thomas Klender, is initiating this request for Fort Collins Landmark designation for the Lory/Coffin/Klender Residence and Garage at 621 East Locust Street. The property is eligible for designation as a Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural significance to Fort Collins. 18. First Reading of Ordinance No. 055, 2012, Authorizing the Lease of City-owned Property at 1715 West Mountain Avenue to the Fort Collins Housing Authority. The Housing Authority has leased the City-owned property at 1715 West Mountain Avenue since January 1977. The Authority constructed its administrative headquarters on the property 35 years ago and is currently in the process of remodeling its headquarters. To secure permanent financing for this project, a new lease agreement is necessary. 19. First Reading of Ordinance No. 056, 2012, Authorizing the Lease of City-owned Property at 425 10th Street to the Museo de las Tres Colonias. The property at 425 10th Street was donated to the City in 2002 for a living history museum recognizing and remembering the contributions of Hispanics, Latinos, and Mexicans in Northern Colorado. Poudre Landmarks Foundation has leased the property since 2002 and 418 June 5, 2012 has completed its renovation of the house. The new lease agreement will be with the Museo de las Tres Colonias and the Poudre Landmarks Foundation will relinquish all rights, title and interest in the original Lease Agreement dated July 18, 2002. 20. Resolution 2012-040 Naming the MAX Bus Rapid Transit Station located near Bay Farm, Natural Resources Research Center, Whole Foods and Mason Trail. MAX Bus Rapid Transit (BRT) will serve two Transfort transit centers and twelve MAX BRT stations. MAX stations are named according to cross-street location. This methodology is based on best practices in transit operations as well as emergency response location identification. The station located near the Bay Farm/Natural Resources Research Center/Whole Foods/Mason Trail area is unique in that it is not directly related to a cross-street. In order to have a strong identity that is easy to remember and reflects the general vicinity of the station, staff recommends Spring Creek Station as the preferred option, per the City’s Administrative Naming Policy 2.6 (geographic location). 21. Resolution 2012-041 Making an Appointment of Steering Committee Members for the North Front Range Transit Vision Project. The Cities of Loveland and Fort Collins, the Town of Berthoud, Larimer County, and the North Front Range Metropolitan Planning Organization (NFRMPO) are conducting a study to develop a recommendation for regional decision making and funding structure for regional transit services. This study will take place between now and early 2013, and will ultimately provide a recommendation based on Steering Committee and other stakeholder direction. Each agency will have three representatives to serve on the Steering Committee which will include one elected official and two citizens. This Resolution confirms the appointment of Councilmember Ben Manvel and Fort Collins citizens Yvonne Myers and Gary Thomas, as Steering Committee members to direct the project’s progression and ultimately provide a recommendation based on the Steering Committee and other stakeholder direction. The citizen members recommended for participation on the Steering Committee have expressed an interest in Public Transportation or served as members of the Citizen Financial Advisory Committee during the 2009 Transfort Strategic Operating Plan. 22. Resolution 2012-042 Approving the Stipulated Determination of Vested Rights Between the City and Dry Creek, LLC. Dry Creek, LLC is the developer of Dry Creek Subdivision, First Replat, and has completed most of Phases Two and Three of the project, but the public sidewalks remain to be constructed. The plan expired on November 2, 2011. Accordingly, Dry Creek, LLC has filed an application for a Determination of Vested Rights under Division 2.13 of the Land Use Code and the City Manager and City Attorney agree that the application for Determination of Vested Rights should be granted. The proposed resolution would formalize the determination of vested rights. 419 June 5, 2012 ***END CONSENT*** Ordinances on Second Reading were read by title by Deputy City Clerk Jensen. 7. Second Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Turnberry Road Improvements Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. 8. Second Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. 9. Second Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. 10. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program and the City’s Human Services Program. A. Second Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnership Fund. 11. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities. A. Second Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. Second Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. 12. Second Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. Ordinances on First Reading were read by title by Deputy City Clerk Jensen. 13. First Reading of Ordinance No. 049, 2012, Appropriating Prior Year Reserves in the Light & Power Fund and in the Water Fund for the Fort Collins Museum of Discovery Art in Public Places Project. 420 June 5, 2012 14. First Reading of Ordinance No. 050, 2012, Appropriating Unanticipated Grant Revenue in the Water and Wastewater Funds to Relocate Certain Utility Facilities to Accommodate the Colorado Department of Transportation’s Proposed Construction of a New Bridge over the Poudre River at Mulberry Street. 15. First Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use Code. 16. Items Relating to the Wood Street Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort Collins. 17. First Reading of Ordinance No. 054, 2012, Designating the Lory/Coffin/Klender Residence and Garage, 621 East Locust Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 18. First Reading of Ordinance No. 055, 2012, Authorizing the Lease of City-owned Property at 1715 West Mountain Avenue to the Fort Collins Housing Authority. 19. First Reading of Ordinance No. 056, 2012, Authorizing the Lease of City-owned Property at 425 10th Street to the Museo de las Tres Colonias. 28. Items Relating to Implementation of the Outdoor Vendor Study. A. First Reading of Ordinance No. 057, 2012, Making Various Amendments to the Land Use Code Relating to Outdoor Vendors. B. First Reading of Ordinance No. 058, 2012, Amending Article XIV of Chapter 15 of the City Code Regarding Licensing of Outdoor Vendors. Mayor Weitkunat withdrew Item No. 12, Second Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant, withdrew Item No. 11, Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities, from the Consent Calendar. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. 421 June 5, 2012 Councilmember Kottwitz requested additional information prior to Second Reading regarding mandated indoor bicycle parking, part of Item No. 15, First Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use Code. Mayor Weitkunat stated the new regulation would require 80% of bicycle parking on multi-family lots to be enclosed. She questioned the 80% figure and the idea that a new solid structure would be required. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Mayor Pro Tem Ohlson asked about the development process for the land relating to Item No. 16, Items Relating to the Wood Street Annexation and Zoning. City Attorney Roy replied there is need for additional direction from Council regarding a proposed amendment to the Code to address the issue. Mayor Pro Tem Ohlson stated he would first give staff the opportunity to bring the item forward, then he will try to obtain Council support for the issue, should that not occur. City Attorney Roy clarified this has to do with a County Letter of Map Revision-Fill being sufficient for development of properties that are subsequently annexed into the City. Mayor Pro Tem Ohlson agreed. Councilmember Manvel supported the vesting in Item No. 22, Resolution 2012-042 Approving the Stipulated Determination of Vested Rights Between the City and Dry Creek, LLC. Staff Reports City Manager Atteberry introduced Gordon Thibedeau, United Way Executive Director. Mr. Thibedeau, and Haley Katz, United Way Resource Development Manager, announced the City organization was ninth in giving within the County and stated City gifts had increased by 33%. Mr. Thibedeau, offered a special thanks to Crystal Shaffi and the City United Way committee. Councilmember Reports Councilmember Troxell reported on a Poudre Fire Authority event he attended with Councilmember Manvel at Fire Station #1 and commended the work of the firefighters. Mayor Weitkunat discussed the importance of the Fort Collins-Loveland Municipal Airport with regard to firefighting aircraft support. She announced a WWII event to be held July 6-7, 2012. 422 June 5, 2012 Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City, Failed on Second Reading The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY Although there has not been a great deal of oil and gas drilling in Larimer County until recently, the discovery of the resource-rich Niobrara formation in this region, and the increased use of horizontal hydraulic fracturing (“fracking”) and directional drilling increase the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the recent legislative discussions as well as drilling activity, and proposes the development of regulations, and a moratorium on any oil and gas drilling until those regulations are adopted. This Ordinance, unanimously adopted on First Reading on May 15, 2012, establishes a moratorium until February 15, 2013 or upon the receipt by the City Council of a recommendation from City staff and legislative action taken by the City Council, whichever occurs first.” Chester McQueary, 613 Princeton Road, opposed fracking and supported the Ordinance. Doug Flanders, Colorado Oil and Gas Association, opposed the Ordinance and requested that the City engage in an open dialogue with local operators and work within the local designee process to address concerns. He stated Colorado oil and gas rules are the toughest in the nation. Mary Griggs, professional environmental engineer for Prospect Energy, stated her job is to protect the environment at drill sites and she opposed the moratorium. Ward Giltner, Black Diamond Minerals co-founder, stated his company operates the Fort Collins field, which was originally part of unincorporated Larimer County. He opposed the moratorium, particularly with regard to the Fort Collins field. He stated fracking has been happening since the 1940’s. James Sack, 2945 Bassick Street, supported the moratorium citing a possible decrease in property values and an excessive use of water. Jon Eckstrom, Noble Energy, stated his company will invest $8 billion in the region and has paid millions in property taxes as well as community contributions. He opposed the moratorium. Steve Zelenack, 4098 Trouble Trail, stated one of the wells referenced is on his property, though it does not bother him. He stated drilling has to be done responsibly and using best practices. Mike Glenn, Noble Energy District Manager, appreciated Council’s examination of the issue and stated he has found a great deal of misinformation in other public meetings. He offered tours and education to Council to provide accurate information regarding the process. 423 June 5, 2012 Lesley Manring-Borchers, Greeley resident, stated Noble Energy’s jobs will be temporary and that they are not welcome in Greeley and Weld County. She stated there have been over a thousand spills or other incidents relating to fracking in Weld County. She supported permanent jobs relating to clean energy. Eric Jacobson, Noble Energy well engineering manager, stated environmental protection can co- exist with successful fracking. He stated the process uses less water than golf course irrigation. He stated the company has created real jobs for Weld County and has been a community contributor. He opposed the moratorium. Lynn Welker, QEP Resources, stated her company is a responsible corporate citizen and recommended communication between operators and City officials. She opposed the moratorium. Travis Yeh, Colorado Oil and Gas Association Research Analyst, suggested Council table the moratorium and do some research regarding robust Colorado oil and gas rules and regulations. Tom Hain, Fort Collins resident, supported the moratorium in order to allow time to investigate best practices. Councilmember Troxell asked what the City hopes to learn and accomplish during the moratorium. Karen Cumbo, Planning, Development, and Transportation Director, stated best practices in other communities will be examined, and a process will be developed in terms of negotiating agreements with operators and establishing a permitting process that provides for inspection and impact management. She stated staff is interested in working with the operators and would like to be responsive in understanding the input from all citizens. Additionally, the City needs to find a mechanism to manage this process within its boundaries. Councilmember Troxell asked how the moratorium would help with these tasks and whether or not the local government designee process would be prevented by the moratorium. Cumbo stated a local government designee currently exists; this allows the City to be notified and comment if a permit application is presented. The County passes on applications that exist within the City’s Growth Management Area. Cumbo stated the work could be done without a moratorium; however, increasing regional pressure has required preparation. Councilmember Troxell asked if any permit inquiries have occurred since First Reading. Cumbo replied areas outside the City’s boundaries have been monitored by the Natural Areas Department. Loveland’s emergency ordinance was the result of an active application in the Centerra area. Councilmember Troxell noted the City’s Natural Areas within the County are not under the legal jurisdiction of the City. Mayor Weitkunat asked if there is any method or opportunity to work with Black Diamond regarding the existing well, separate from this Ordinance. Cumbo replied there are two different portions of the Code that could apply. If it is considered to be a new well, then the application would need to go through a development plan process. If it is an expansion of an existing well, it is an expansion of a legal non-conforming use, and requires a different City process. City Attorney Roy replied a rational basis for exempting an existing company from the moratorium needs to exist; an exemption would need to be able to be defended. 424 June 5, 2012 Mayor Pro Tem Ohlson asked for clarification of staff’s recommendation on Second Reading of this Ordinance. Cumbo stated staff recommends approval of the moratorium. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 048, 2012, on Second Reading. Councilmember Kottwitz clarified the moratorium would not apply to the Soapstone Natural Area property, only to areas within city limits. She stated the comparison of this to Rocky Flats is misleading to the public and added that she would not support the moratorium. Councilmember Manvel stated he would support the moratorium as its implementation would not have much practical impact on the companies involved given there are no pending applications within the City limits. Councilmember Troxell asked how the state regulatory framework positively supports local decision making. Cumbo replied the local government designee system provides the opportunity to comment on applications; however, if an approved state permit exists, a local permit is essentially perfunctory. Councilmember Troxell requested comment regarding the stringent state government process that allows for local jurisdiction protections. Cumbo replied Fort Collins does not have enough experience to provide comment but there are other communities that have struggled with this issue in terms of the ability to manage permits on a local level. The interest in the moratorium will be to ensure the impacts are addressed. Councilmember Troxell asked about public education regarding drilling and fracking. Cumbo replied staff has been having conversations with Loveland and Longmont regarding implementing a public education process similar to theirs. Mayor Pro Tem Ohlson asked if the moratorium could be ended at any time, once regulations are in place. City Attorney Roy replied a new Ordinance would need to be passed in order to end the moratorium as the current Ordinance provides for a eight month time period at the outside and would automatically end should necessary and appropriate regulations be adopted before then. Mayor Weitkunat asked if staff is pursuing oil, gas, and fracking information and processes regardless of the moratorium. Cumbo replied in the affirmative. Councilmember Kottwitz asked if the moratorium implementation could be postponed until after the work session. Mayor Pro Tem Ohlson replied he would prefer the moratorium occur prior to the work being scoped out by staff. City Manager Atteberry clarified the intent of the work session is to discuss process rather than substance, including engaging with the industry representatives. Councilmember Troxell noted an emergency moratorium could be enacted at a point in the future if the moratorium is not enacted with this Ordinance. City Manager Atteberry agreed that is an option but stated staff is still recommending implementation of the moratorium with this Ordinance. Mayor Pro Tem Ohlson stated this is an extractive process and people need to defend the environment against the power of corporations. 425 June 5, 2012 Councilmember Manvel agreed with Mayor Pro Tem Ohlson. Mayor Weitkunat stated she would not support the moratorium given there are no pending applications or notifications. Councilmember Manvel asked about the possibility of continuing the item until it can be voted upon by the full Council. City Attorney Roy replied a motion could be made to continue the item to a date certain. Councilmember Manvel asked if he could vote against the moratorium and then move to reconsider at a later meeting. City Attorney Roy replied the moratorium could be brought before Council for reconsideration, either through a motion to reconsider the vote on Second Reading, or a motion to bring forward a new Ordinance. The vote on the motion was as follows: Yeas: Ohlson, Manvel and Poppaw. Nays: Weitkunat, Kottwitz and Troxell. THE MOTION FAILED TO PASS. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Resolution 2012-043 Approving the Jefferson Street Alternatives Analysis Study, Authorizing Revisions to the Jefferson Street/SH14 Access Management Plan and Existing Intergovernmental Agreement, Directing Staff to Update the City’s Transportation Master Plan Capital Improvement Plan and Directing Staff to Pursue a New Intergovernmental Agreement with the Colorado Department of Transportation, Adopted The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY The Jefferson Street/SH14 Alternatives Analysis Study is a joint effort of the City of Fort Collins, Downtown Development Authority (DDA), and the Colorado Department of Transportation (CDOT). This Alternatives Analysis Study included the development and evaluation of a thorough set of design options for the Jefferson Street/SH14 corridor, including the intersection of Jefferson/SH14 and Mountain/Lincoln Avenue, and the intersection of Jefferson and Linden streets. In response to concerns raised by community stakeholders and partnering agencies, City staff has revised the recommendation for the proposed intersection improvements at this intersection of Jefferson Street and Mountain Avenue to be improvements to the existing signalized intersection, rather than the previous roundabout recommendation. City staff continues to recommends reconfiguring Jefferson Street from the existing four lane configuration to a “3-lane” street, with landscaped medians, on-street parking, pedestrian streetscape and urban design features from North College to Mountain Avenue. This corridor 426 June 5, 2012 alternative is agreeable to the City, CDOT, Downtown Development Authority, and Larimer County, and has strong support from the community. This Resolution will include the Jefferson Street Alternatives Analysis Study report documenting the recommended preferred corridor and intersection alternatives as well as actions needed to amend the Jefferson/Riverside (SH14) Access Management Plan and Transportation Capital Improvement Plan to reflect these changes for Jefferson Street. Staff will also be seeking City Council support for entering into an Intergovernmental Agreement with CDOT regarding the recommended changes for Jefferson Street. BACKGROUND / DISCUSSION The Jefferson Street Alternatives Analysis Study began in May 2010. This current planning process builds upon prior studies along the Jefferson Street/SH14 corridor and provides more in-depth, detailed technical analysis and design to address City, DDA, and CDOT requirements. This Study has several purposes, including finding the most suitable solution to improve the air quality, livability, and urban character of the Jefferson Street corridor, enhancing the experience for pedestrians, bikes, and transit, and maintaining mobility of autos and trucks along this busy arterial/highway road. The project seeks to balance interests among different agencies and organizations including the City, CDOT, DDA, Colorado Motor Carriers Association, Larimer County, adjacent railroads, local business/property owners, and the general public. The Jefferson Street project budget is comprised of a combination of City ($250,000), DDA ($500,000), and federal Congestion Mitigation & Air Quality (CMAQ) funding ($1 million). The Alternatives Analysis study used approximately $400,000 of the project budget. The majority of the project budget ($1.3 million) will be used to fund final engineering and design of the proposed improvements. This project process included the development and evaluation of many options such as traditional roadway and intersection designs, roundabouts, and other innovative, context-sensitive design solutions based upon local, state, and national best-practices. Through Project Management Team (PMT) and Executive Oversight Committee (EOC) meetings, the participating agencies have agreed to the following purpose statement that highlights the key goals for the project: The purpose of the Jefferson Street Alternatives Analysis project is to improve the air quality, livability, and urban character of the Jefferson Street Corridor while enhancing the experience for pedestrians, bikes, and transit and maintaining mobility of autos and trucks. The Corridor begins at College Avenue and extends along Jefferson Street and includes the Mountain Avenue/Riverside Avenue/Lincoln Street, and Linden Street intersections. Corridor Alternatives The project team has developed a set of conceptual alternatives for the Jefferson Street corridor project to address the project purpose, goals, and objectives. 427 June 5, 2012 • The corridor alternatives include several “3 lane” options for Jefferson Street between North College Avenue and Mountain Avenue. The “3 lane” Options A and B include raised, landscaped medians. Option A includes a raised landscaped median along the full length of the corridor, with openings at the Jefferson/Linden intersection. Option B shows partial medians along the corridor with more openings at streets such as at Pine and Chestnut streets as well as at major driveways. The “3 lane” Option C includes designated on-street bicycle lanes instead of the medians (both the medians and bikelanes do not fit within the available corridor width). All of the “3 lane” options include two travel lanes in the northwest bound direction and one travel lane in the southeast bound direction. The determination for which direction has the two lanes versus the one lane was made based on traffic analysis as well as the need to maximize on-street parking opportunities along the “Old Town” side of Jefferson Street. The “3 lane” options include streetscape, urban design, and gateway improvements along the corridor and at the intersections. In addition, the 3 lane options allow for more functional on-street parking because there is enough width to provide a safety buffer area between the parked cars and the vehicle travel lanes. The 3 lane options also allow for opportunities to improve the transit stops along Jefferson. • The project team has developed a “4 lane” option which shows two lanes in each direction on Jefferson Street between North College and Mountain Avenue. Due to the width required for standard travel lanes, there is limited space remaining for other project elements such as on-street parking, buffer areas, medians, transit stops, and/or streetscape improvements. • The team has also provided a combination “3 & 4 lane” option that includes 3 lanes between North College Avenue and Linden Street and then shows the 4 lane option between Linden and Mountain. • The cost of the corridor improvements is approximately $4.5 million. Table 1: Summary Overview of Corridor Alternatives Alternative Lanes Medians Bike Lanes Parking Streetscape Areas 3 Lane Alt - Option A Full Median 3 Yes Full Corridor No 36-38 Spaces Median, Sidewalk 3 Lane Alt - Option B Partial Median 3 Yes Partial Corridor No 36-38 Spaces Median, Sidewalk 3 Lane Alt - Option C Bike Lanes 3 No Yes 33 Spaces Sidewalk 4 Lane Alt 4 No No 38 Spaces Sidewalk Combination 3 and 4 Lane Alt 3/4 Yes Partial Corridor No 38 Spaces Median, Sidewalk Intersection Alternatives The project team has also developed two alternatives for both the Jefferson/Linden intersection and the Jefferson/Mountain intersection. 428 June 5, 2012 1. Jefferson/Linden intersection options include keeping the existing designated left turn lanes for vehicles to turn left off of Jefferson Street to Linden Street as well as an option that would remove the left turn lanes to create more opportunities for on-street parking and provide raised medians to serve as pedestrian refuge islands at the intersection. 2. Jefferson/Mountain/Lincoln/Riverside intersection options include improvements to the existing signalized intersection as well as a roundabout intersection alternative. Table 2: Jefferson / Lincoln Intersection Alternatives Overview Alternative Cost Operating / Maintenance Cost Level of Service Air Quality Savings (Carbon Monoxide) Right-of- Way Signalized $2.7 million $3,600 per year for signals B No Change from Existing 2,000 sq. ft. Roundabout $4.3 to $5.3 million Depends on cost of RR gate arm B 495 KG/yr - Short Term 809 KG/yr - Long Term 6,000 sq. ft. Final engineering and design of the Jefferson Street improvements can move forward in mid-2012 based upon approval of the recommendations by the City Council. The schedule for construction of the Jefferson Street corridor improvements will be based upon the approved preferred alternative and implementation/phasing plan as well as the securing necessary funding. FINANCIAL / ECONOMIC IMPACTS The cost of the recommended preferred alternatives, including both the corridor and intersection improvements, for Jefferson Street is approximately $7.2 million. Funding is currently available to complete the next phase of the design/engineering work for these improvements. Additional funding is need for the construction phase. Staff will continue to pursue potential local, regional, state, and federal funding opportunities to complete this important, long-term investment project for Downtown Fort Collins. The recommended Jefferson Street improvements will have a direct economic impact on over 35 businesses fronting Jefferson Street. The investment in the public infrastructure will support private investment along the corridor, which has a number of areas with potential for redevelopment and/or reinvestment. This project will also help strengthen the connection between Downtown, the River District, and the Lincoln Avenue corridor which are economic catalyst areas for the City. ENVIRONMENTAL IMPACTS Transforming this corridor from the existing four lane highway configuration to a more urban, pedestrian-oriented, context sensitive design solution will be a major enhancement for the Downtown environment and supports the City Plan, Transportation Master Plan, and Downtown River District Plan goals for the heart of the community. The improvements to Jefferson Street will calm traffic traveling through the corridor improving the pedestrian environment and encouraging 429 June 5, 2012 the use of walking, biking, and transit access to/from the corridor which will result in air quality improvements. In addition, in response to City Council suggestions, staff has researched potential opportunities to address noise concerns along the corridor. One consideration is to explore the use of rubberized asphalt for the roadway paving along the corridor. This technique is used by other agencies to help reduce roadway noise. The specifics regarding this type of paving material will need further exploration during the engineering/final design phase of the Jefferson Street project. Other project elements to aid in noise reduction could include features to promote traffic calming, reduce speeding, and minimize vehicles accelerating and decelerating at the intersections and throughout the corridor. Improvements to the existing signalized intersection which will include amenities to address pedestrian-scale improvements, urban design, and entry way features in support of the quality Downtown experience we are seeking to achieve with this project in accordance with the community’s expectations and sustainability goals. STAFF RECOMMENDATION To be responsive to input received from partnering agencies as well as local and regional community stakeholders, City staff has revised its project recommendation for the preferred intersection alternative to be improvements to the existing signalized intersection rather than the roundabout option previously discussed with City Council in February 2012. City staff recommends improvements to the existing signalized intersection include amenities to address all modes of transportation, as well as urban design and entry way features in support of the quality Downtown experience. Staff continues to recommend the 3-lane corridor alternative for Jefferson Street from North College to Mountain Avenue. This corridor alternative is agreeable to the City, CDOT, Downtown Development Authority, and Larimer County as well as strong support from the community. Transforming this corridor from the existing four lane highway configuration to a more urban, pedestrian-oriented, context sensitive design solution will be a major enhancement for the Downtown environment and support City Plan and Transportation Master Plan goals for the future of the heart of the community. To move forward with the recommendations from the Jefferson Street Alternatives Analysis Study, staff recommends City Council approval of the following: 1. Jefferson Street Alternatives Analysis Study report documenting the recommended preferred corridor and intersection alternatives. 2. Revisions to the Jefferson Street/SH14 Access Management Plan and existing Intergovernmental Agreement with the Colorado Department of Transportation to reflect the 3-lane corridor alternative with raised, landscaped medians and on-street parking for Jefferson Street (SH14). 3. Directing staff to update the City’s Transportation Master Plan Capital Improvement Plan to include the Jefferson Street corridor and intersection improvements per the Study recommendations. 430 June 5, 2012 4. Staff is seeking approval from City Council to pursue entering into a new Intergovernmental Agreement (IGA) with CDOT in order to implement the recommended 3 lane corridor improvements (if approved by City Council). CDOT has requested this new IGA with the City in order to support converting Jefferson Street from the existing four lane highway to the proposed “3-lane” configuration. The IGA would include specific performance measures for monitoring the Jefferson Street (SH14) corridor before and after physical improvements are constructed and identify inter-agency responsibilities for addressing any concerns and/or potential changes. If City Council approves staff pursuing this IGA, staff will continue working with CDOT to develop the specific IGA and bring this document forward for City Council approval at a later date (anticipated by September 2012). BOARD / COMMISSION RECOMMENDATION Staff presented information related to the Jefferson Project and proposed alternative to the following boards or commissions: Downtown Development Authority: February 9, 2012: The Downtown Development Authority voted to support the 3-Lane with a median alternative and the Roundabout alternative Transportation Board: February 15, 2012 and May 16, 2012: The Transportation Board voted to support the 3-Lane with a median alternative and improvements to the Signalized Intersection. Planning and Zoning Board: February 10, 2012: The Planning and Zoning Board voted to support the 3-Lane with a median alternative and improvements to the Signalized Intersection. Economic Advisory Commission: February 15, 2012: The Commission supported the 3-Lane with a median alternative and the Roundabout alternative A copy of the minutes from each board or commission is included as Attachment 2. PUBLIC OUTREACH The project team sought comments and input on the key tasks throughout the life of the project. See Attachment 3 for a list of the outreach completed during the project. Stakeholder Coordination This process included on-going coordination among multiple City departments, City boards and commissions, City Council, CDOT, DDA, Larimer County, and various interested community and corridor stakeholders, including but not limited to area property/business owners, residents, bicycle/pedestrian advocacy groups, trucking industry representatives, UPRR, and Public Utilities Commission representatives. Business and Property Owner Meetings One-on-one coordination was needed with affected business/property owners to determine the impacts and mitigation measures needed at each property. During the development and screening of alternatives, the consultant project manager and the City project managers provided outreach 431 June 5, 2012 to business/property owners along the corridor to update them on the status of the project and seek their input. After the final screening of alternatives, when a preferred alternative has been recommended, directly impacted business/property owners were contacted to follow up on questions and concerns related to the project and work through remaining details for particular sites along the corridor. Public Meetings Public meetings were held on June 2, 2011, October 17, 2011, February 16, 2012 and May 30, 2012 to actively engage the corridor property owners, businesses, residents, and general public in the process. The meetings were conducted as part of the public review process for the alternatives screening process and to help determine the preferred corridor recommendation. City Council and Board Meetings Presentations were made on behalf of the project to the City Council at their work sessions on August 9, 2011 and February 28, 2012. Updates were also provided to Boards and Commissions, including the Transportation Board, Bicycle Advisory Committee, Planning and Zoning Board, and DDA Board meetings throughout the Study process. The work session summaries are attached (Attachment 1).” Kathleen Bracke, Director of Transportation Planning and Special Projects, introduced project team members and discussed the area of the project on Jefferson Street, between College Avenue and Mountain Avenue, which is also part of State Highway 14. She provided a brief presentation regarding the recommended improvements and stated the cost estimate for the project is approximately $7.2 million. Mel Hilgenberg, 172 North College, thanked Council and staff for work on the item urged Council to accelerate the timeline for the project. He expressed appreciation for the roundabout idea being eliminated. Eric Sutherland, 3520 Golden Currant, stated the focus on these two city blocks demonstrates the City’s lack of proper prioritization. Matt Robenault, Downtown Development Authority Executive Director, expressed support for the recommended improvements, noting they will link the river district to the downtown area, and stated the Downtown Development Authority will spend $500,000 on the project. Carl Glasser, 215 Jefferson Street, stated he participated in the technical advisory committee as a representative of the Jefferson Street businesses. He supported the three-lane alternative and requested that the third lane be used for parking in the evenings and on weekends. Ray Burgener, Burgener Trucking, opposed any potential roundabout and commended the balance and work between the City and the trucking industry. Councilmember Troxell requested a description of the way in which the design accommodates the connection to the River district. Bracke replied the signalized intersection will have enhanced features for all modes of transportation. 432 June 5, 2012 Councilmember Troxell commended staff for work on the item. Councilmember Manvel asked when these improvements may occur. Bracke stated adoption of this Resolution and beginning the engineering phase will make the project more competitive for funding. Given the extensive engineering and utility coordination needed, the soonest the project could be done would be approximately 2015. Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Resolution 2012-043. Mayor Pro Tem Ohlson appreciated hearing positive comments about staff and the City organization. Councilmember Manvel asked about the possible use of a lane for parking during off-peak hours. Bracke replied that option can be examined and evaluated. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Items Relating to Implementation of the Outdoor Vendor Study, Adopted on First Reading The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 057, 2012, Making Various Amendments to the Land Use Code Relating to Outdoor Vendors. B. First Reading of Ordinance No. 058, 2012, Amending Article XIV of Chapter 15 of the City Code Regarding Licensing of Outdoor Vendors. These Ordinances address actions needed to implement the Outdoor Vendor Study staff recommendations. Ordinance No. 057, 2012 amends the Land Use Code. First, it adds a new section in Article 3, Supplementary Regulations for Outdoor Vendors. Second, it amends Article 4 by adding Outdoor Vendors as a permitted use in non-neighborhood zoning districts. Finally, it amends Article 5 to add a new definition for “Outdoor Vendor”. Ordinance No. 058, 2012 amends Chapter 15 of the City Code regarding licensing and regulations for outdoor vendor businesses. It revises the definition for outdoor vendors and exemptions, adds new definitions for outdoor vendor types, and revises licensing requirements. BACKGROUND / DISCUSSION 433 June 5, 2012 Over the past several years, the types, products, and distribution of outdoor mobile vendors have evolved to include more options. Vendors have expressed the desire for the City to be more accommodating, with less restrictive license and permit requirements. On the other hand, the City has also received complaints from existing local merchants concerned about potential unfair competition from mobile vendors, and the need for a level playing field in licensing and permitting. In September 2011, staff was initially directed to evaluate the issues relating to food truck vendors, and whether potential changes may be warranted to the Outdoor Vendors section of the City Code, and related sections of the Land Use Code. In the course of the study, staff found the need to add other vendor types to the scope of the study. For example, transportation vendors such as pedicabs, conference bikes, horse-drawn carriages, and valet parking services were added for consideration in the study, as were non-food vendors such as holiday tree sellers and various non-profit fundraisers. Staff Assessment of Potential Options for Outdoor Vendors The staff team initially researched the relevant topics in other cities, both in Colorado, and across the nation (see Attachment 5). This assessment helped identify a range of options for staff to explore. Staff also reviewed existing Land Use Code and City Code requirements, resulting in recognition that these regulations significantly limited outdoor vendor operations within the City and appeared overly restrictive in certain ways. A range of alternative outdoor vendor options were developed and included in the on-line survey for feedback. Staff then developed draft recommendations that were presented at a public open house meeting on May 9, 2012. The proposed new requirements identified by staff involve new locations for food truck vendors to operate, distance buffers from existing restaurants and schools, and other operational requirements. Issues Resolved by Code Changes: • Existing City Code requirements currently restrict a license to one location, and do not allow vendors to operate within a public street. Certain food vendors would like to operate in multiple locations and offer their products directly from public streets. • Also, existing vendor licensing is currently only available for one-month periods. Vendors desire more efficient time frames of semi-annual or annual licensing. • The Land Use Code currently has one permitted use category that has been applied to outdoor food vendors – Fast Food Restaurant – but needs better clarification to distinguish between restaurants and outdoor mobile food vendors. In other words, a new definition of the use is needed to better recognize outdoor vendor types. • For private property, current Land Use Code standards treat many vendors as a principal use required to make site improvements under Change of Use requirements, due to the lack of any other provisions to specifically recognize outdoor vendors. This requirement is burdensome or prohibitive for vendors operating on a temporary basis. 434 June 5, 2012 • Vendors’ desire to operate from public streets raised questions about safety and impacts on other public right-of-way functions. • Vendors’ desire to operate food trucks in parks and neighborhoods raised questions about effects on the functions and livability of these areas. While outdoor food vendors desired to also operate within public parks, long-standing park policy does not support allowing these vendors inside parks on a regular basis, except authorized as part of special events. Vendors have been prohibited from conducting their business in parks in order to avoid commercializing them. Parks are intended to be places of respite from an often hectic and commercialized world and allowing vendors into them on a regular basis would undermine this purpose. Fundamental questions from existing business owners have been raised of potential competition and need for a level playing field, between brick and mortar restaurants, which bear costs and requirements of development, ownership, and maintenance of real property, and mobile food trucks. 1. Will the study ensure a level playing field between brick-and-mortar restaurants and mobile food trucks? Staff response: No, the two types of businesses fundamentally operate on slightly different playing fields. The proposed City requirements for mobile food trucks are an attempt to update and clarify the rules of operation for these uses, but they do not necessarily ensure parity with requirements for development, construction, and ownership of a restaurant building. There is one main similarity for comparison purposes. This is the fact that mobile food trucks are accompanied by a commissary kitchen, which involves development, construction, and property ownership requirements similar to those associated with a restaurant. However, various differences between the two types of businesses make it difficult or impossible to fully weigh overhead costs and requirements for purposes of comparing the playing field for competition. For example, the number of food trucks sharing in the costs of a commissary kitchen varies. Also, a mobile food vendor may operate out of a brick-and-mortar restaurant. 2. How will the study address potential competition between existing brick and mortar restaurants and mobile food trucks? Staff response: To some extent, competition for customers will remain between brick and mortar restaurants and mobile food trucks. Food trucks are currently allowed on private property. The recommendations from the study provide additional opportunities for food vendors to operate within the public right- of-way and on select public lots Downtown with limitations. The proposed requirements include a 200 foot separation between existing restaurants and food truck vendors citywide. This requirement will ensure a food truck operator can not vend within a half-block of the front entrance of an existing restaurant. In developing this recommendation, staff 435 June 5, 2012 looked at precedents in other cities’ requirements. Most of the cities reviewed have a separation distance in the range of 50 – 300 feet. Staff also conducted an on-line survey that tested different separation distances, and specifically asked restaurant businesses to respond to this issue. Most respondents selected no separation requirement. However, staff determined a moderate separation is still warranted to alleviate potential competition of food trucks vending close to restaurants. While the proposed separation requirement will not eliminate competition between food businesses, it will remove immediate impacts of mobile food trucks operating within close proximity and view from front entrances of existing brick and mortar restaurants. DESCRIPTION OF PROPOSED ORDINANCES • Ordinance No. 057, 2012 Ordinance No. 057, 2012 amends the Land Use Code related to outdoor vendor regulations in Articles 3, 4, and 5. Article 3 - General Development Standards This proposed LUC amendment adds a new subsection to the Supplemental Regulations in Section 3.8 that will include outdoor vendor standards. These proposed standards would regulate location of operation, type of use, signage, operation, and compliance with related Municipal Code regulations. Article 4 - Districts For outdoor vendors on private property, the Outdoor Vendors use would be added to the list of permitted uses in all non-neighborhood zoning districts within Article 4 Districts, as an accessory/miscellaneous use. Article 5 - Terms and Definitions A new definition for Outdoor Vendors will be added to Section 5.1.2, Article 5 of the Land Use Code to describe all types of Outdoor Vendors operating in the City. • Ordinance No. 058, 2012 Ordinance No. 058, 2012 amends Article XIV of Chapter 15 of the City Code regarding licensing of outdoor vendors. The key City Code sections to be amended are as follows: • Section 15-381 incorporates new definitions for five outdoor vendor types, and includes a list of activities that are exempt from the outdoor vendor provisions of this section. • Section 15-382 describes license and operating requirements for outdoor vendors. • Section 15-383 combines two existing Code sections for application and license fee requirements. 436 June 5, 2012 • Section 15-385 includes revised standards for review and approval of outdoor vendor applications. • Section 15-386 includes bond requirements which may be modified or eliminated. • Section 15-387 includes requirements for issuance of an outdoor vendor license. • Section 15-388 includes general and specific requirements that restrict and govern the operation of outdoor vendors. FINANCIAL / ECONOMIC IMPACTS The revenue received in 2011 from outdoor vendor licenses and downtown concession agreements was $3,080. Based on the fact that the license fees will not increase significantly, the estimated revenue moving forward is $4,300 annually. The small increase is attributable to an assumed increase in vendors and the possibility for additional downtown concession locations. The administrative costs are not expected to increase dramatically as licenses will be issued for six months or annually instead of the current monthly licensing process. ENVIRONMENTAL IMPACTS New regulations for outdoor vendors will provide additional options for locating mobile vending in Fort Collins, allowing customers more choice in purchasing food, goods and services, and other products. With outdoor vendors locating closer to where potential customers are, a reduction in travel distance to and from these vending locations is realized, along with a corresponding reduction in vehicle emissions. Food vendors in fixed locations can utilize propane heating systems as an alternative to vehicle engine and generator gas fuel use. BOARD / COMMISSION RECOMMENDATION At its May 17, 2012 meeting, the Planning and Zoning Board voted 7-0 to recommend that City Council adopt Ordinance No. 057, 2012, making various amendments to the City of Fort Collins Land Use Code relating to outdoor vendors. The Council Finance Committee will consider these recommendations at its June 4, 2012 meeting. The minutes will be provided in the Council “Read-Before” packet on June 5, 2012. The Downtown Business Association Board held its monthly meeting on May 9, 2012. A staff presentation on the Outdoor Vendor Study was provided. A draft (unsigned) recommendation memo is included in Attachment 6. The final signed copy will be provided in the Council “Read-Before” packet on June 5, 2012. PUBLIC OUTREACH As part of the Study, staff met with existing and potential new outdoor vendors, business owners, and other interests to listen and learn about issues and ideas for new provisions relating to outdoor vendors operating in Fort Collins. 437 June 5, 2012 An on-line survey was administered between April 2 and May 4, 2012 which included 583 respondents (see Attachment 3). Notice of the public survey was distributed to outdoor vendors, the Downtown Business Association, Downtown Development Authority, Chamber Local Legislative Affairs Committee, and North/South Fort Collins Business Associations. Public notice was generated through press release, webpage postings, and local news media. The results of this survey provided important information for staff to assess potential options for outdoor vendor zoning use provisions, operational and other licensing requirements. Staff presented draft recommendations at a public open house meeting on May 9.” Pete Wray, Senior Planner, provided a brief presentation regarding the outdoor vendor study and the public outreach process. Peter Barnes, Zoning Supervisor, stated the existing regulations in the City Code and Land Use Code are limiting and restrictive, and are focused primarily on private property. Changes are being proposed to Articles 3, 4, and 5 of the Land Use Code, to add general operating requirements, location regulations, use considerations, sign regulations, and definitions. Wray stated the bulk of the new requirements fall under the City Code changes. Those changes include definitions for outdoor vendor types and license and operating requirements. The outdoor vendor types have been listed as mobile food trucks, push carts, neighborhood mobile food vendors, miscellaneous good and services, and transportation related services. Staff is recommending a 200 foot separation between any brick and mortar restaurant and an outdoor vendor; however, this separation requirement would be void if the restaurant is closed, such as during late night hours. Ryan Martin, mobile food truck operator, commended staff on the regulations and supported the changes. Michael Murphy, Street Gourmet, supported the changes and regulations and complimented staff on its work. Councilmember Troxell noted there are sometimes purposeful co-locations between mobile vendors and brick and mortar restaurants; he asked if those opportunities will be precluded by these regulations. Jessica Ping-Small, Sales Tax Manager, replied those issues could be discussed prior to Second Reading. Councilmember Troxell asked if the PUC is involved in mobile food truck regulation. Wray replied the types of vendors managed by these regulations are not regulated by the PUC. Councilmember Manvel asked if the existing push carts downtown are affected by these changes. Ping-Small replied in the negative; those carts currently operate under a downtown concession agreement and will continue to do so. Additional downtown concession agreements on private lots are being proposed. Downtown concession agreements do not have the 200 foot separation requirement. Councilmember Manvel asked if sounds or music will be allowed in neighborhood food trucks. Ping-Small replied the City Code changes in the Ordinance require the trucks to follow all noise ordinances in terms of decibel levels. 438 June 5, 2012 Councilmember Kottwitz stated she would like to eliminate the 200 foot separation requirement. She asked if the fifteen minute maximum time in neighborhoods could be changed to allow for specific events in neighborhoods. Ping-Small replied vendors could apply for exemptions for specific events. Mayor Pro Tem Ohlson commended staff’s work on the item and asked about County health inspections for the vendors. Ping-Small replied the Larimer County Health Department has been consulted and licenses will not be issued without an initial health inspection and approval from the County. The trucks will need to divulge their general locations in order to be found by health inspectors. Mayor Pro Tem Ohlson asked about requirements for cleaning sidewalks. Ping-Small replied the push carts do currently have a cleaning fee as part of their concession agreements. Mobile vendors will have regulations regarding cleaning up after themselves. Mayor Pro Tem Ohlson asked about regulations for engine idling. Wray replied the present Code language does not address time of idling for trucks. Most of the mobile food trucks turn off their engines, but do use generators to provide power. He stated the issue could be examined prior to Second Reading. Councilmember Kottwitz made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 057, 2012. Councilmember Kottwitz commended staff for work on the item and stated she is very impressed with the vetting. Councilmember Troxell commended staff on their thoroughness. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 058, 2012. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. THE MOTION CARRIED. City Manager Atteberry stated Item No. 29, Resolution 2012-044, Adopting an Economic Health Strategic Plan for the City of Fort Collins could be postponed. Council agreed with the agenda change and the item was postponed to June 26, 2012. Resolution 2012-045 Authorizing the Mayor to Enter Into an Intergovernmental Agreement to Assist in the Operation and Maintenance of a Regional Crime Laboratory, Adopted The following is staff’s memorandum for this item. 439 June 5, 2012 “EXECUTIVE SUMMARY The members of the Northern Regional Laboratory Group (NRLG) are currently operating under an Intergovernmental Agreement titled “Intergovernmental Agreement Regarding Shared Facilities and Forensic Operating Guidelines of the Northern Regional Lab Group”. The Agreement has been in place since November 2008. Since that time the NRLG has sought to combine the entire lab function in one location to improve the overall functionality of the group. In order to do so, a new Intergovernmental Agreement (IGA) has been drafted to cover this change when is occurs. Weld County is seeking acceptance of this IGA and has submitted an RFP for land and construction of the building. All other entities involved in the regional lab have already signed this IGA. BACKGROUND / DISCUSSION The NRLG is comprised of the Fort Collins Police Services, Greeley Police Department, Loveland Police Department, Weld County on behalf of its Sheriff’s Office, the 8th Judicial District Attorney’s Office, Larimer County on behalf of its Sheriff’s Office and the 19th Judicial District Attorney’s Office. The NRLG was created to promote improved identification, collection, timeliness, quality, accuracy, consistency, court delivery and cost effectiveness of forensic services to the northern region of Colorado by pooling resources, information, expertise, equipment and money among the members. In November 2008 the Parties entered in to an intergovernmental agreement, entitled “Intergovernmental Agreement Regarding Shared Facilities and Forensic Operating Guidelines of the Northern Regional Lab Group” to formally establish the forensic work group. Since then, Weld County, in cooperation with the other NRLG members, has sought to purchase or build a stand- alone facility that would act as a host facility for the NRLG and allow the NRLG to bring together in one location the various forensic disciplines among the Parties that currently are spread throughout various northern Colorado law enforcement agencies. On August 17, 2010, in anticipation of a potential purchase by Weld County of a building, or of land and the construction of a building for a regional forensics lab, Council adopted Resolution 2010- 050, that expressed the City’s intent to support Weld County’s application for grant funds. As Weld County moves forward with its commitment to purchase land and construct a building to host the NRLG forensic disciplines, the NRLG members seek to more fully commit to participation in the NRLG and the sharing of operation and maintenance costs. Weld County is ready to move forward with its commitment to the regional forensics lab and has submitted an RFP to purchase land and build a dedicated lab building. Construction of a building will assist in pooling resources, information, expertise, equipment and functionality among the members. This pooling will increase the speed and accuracy that critical evidence is analyzed in cases handled by Police Services. By leveraging of the resources provided by the other Regional Lab entities, this regional partnership offers enhanced forensic services to Fort Collins Citizens at a reduced cost to the City. The combined building will enhance the already increased service the City receives from the Regional Lab. By participating in the Regional Lab, Fort Collins provides only a portion of the forensic expertise needed for all criminal case investigation. Without participation in the Regional Lab, Police Services would need to increase current staffing levels as well as expend training costs to maintain staff knowledge in areas covered by other agency lab personnel. The 440 June 5, 2012 facility will house in one location all Northern Regional Laboratory Group (NRLG) members’ staff of forensic examiners. The purpose of this Resolution is to authorize the Mayor to enter into a new Intergovernmental Agreement for a combined laboratory. FINANCIAL / ECONOMIC IMPACTS The actual financial impact at this point is unknown. Estimates derived from comparable facilities do not exceed $75,000 per participating agency. Weld County has received earmark funding to cover two years of operating expenses. Fort Collins Police Services would submit for funding in future budget processes.” Police Chief John Hutto clarified this crime lab will not provide additional functionality, but will be a facility that will allow resources to be pooled and physically located in a single space. Operations and maintenance will be split between five different entities: the Larimer and Weld Counties, and the Cities of Fort Collins, Loveland, and Greeley. Eric Sutherland, 3520 Golden Currant, suggested the Larimer County Sheriff’s Office needs to provide more thoughtful treatment to citizens of Fort Collins. Councilmember Manvel asked about the building being used by the Weld County Coroner. Police Captain Don Vagge replied the building being built will house the Crime Lab, and some facilities for the Coroner are being considered; however, those will be managed separately. The operations and maintenance costs being discussed are to be only applied to the part of the building dedicated to the Crime Lab function. Councilmember Manvel asked about funding for the interior fittings. Captain Vagge stated there is an operating board for this facility, which would be making those types of decisions. Councilmember Manvel noted the agreement language appears to place Weld County in the decision-maker role and questioned the requirement that Fort Collins pay one-fifth of any costs deemed appropriate by other entities. Captain Vagge replied the governing board, which has been in place under the existing IGA since 2008, provides for equal voting rights regarding the functionality and services provided by the lab. Councilmember Manvel asked about the use of the new lab space at the Police Services building. Chief Hutto replied the lab space was never intended to be a full-service lab space. Councilmember Manvel requested input from the City Attorney regarding the lack of mention of shared governance in the agreement. City Attorney Roy replied he would need to examine the existing IGA and Council has the ability to continue the item to June 26th. Mayor Pro Tem Ohlson suggested the agreement be cleaned up, even if passed by Council. City Attorney Roy suggested that if Council is comfortable accepting the uncertainty about the specific issue of decisions regarding interior finishes, he would recommend approving the item and revisiting it at a later date with an amendment. 441 June 5, 2012 Councilmember Manvel agreed with City Attorney Roy and asked that a revision be brought forth if necessary. Councilmember Troxell asked what agency is providing funding for the next two years. Captain Vagge replied both grants, totaling $800,000 were federal earmarked funds. Weld County has put forward $4 million for land purchase and building construction. Councilmember Troxell suggested staff examine the requirements of the grants regarding governance. Councilmember Manvel made a motion, seconded by Mayor Pro Tem Ohlson, to adopt Resolution 2012-045. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. Extension of the Meeting Councilmember Manvel made a motion, seconded by Councilmember Troxell, to extend the meeting past 10:30 p.m. Yeas: Weitkunat, Manvel, Ohlson, Poppaw and Troxell. Nays: Kottwitz. THE MOTION CARRIED. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities, Adopted on Second Reading The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. Second Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. The Finance Department currently administers three rebate programs for low income, senior and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985 respectively. Ordinance No. 046, 2012, will change the income qualification for the Property Tax rebate from 30% of area median income (AMI) to 50% of AMI to increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate income qualifications and will update the application period to August 1st through October 31st. The income qualification for the Utility Refund will be changed from 30% of area median income (AMI) to 50% of AMI to allow for an increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income qualifications. The application period will be updated to August 1 through October 31. No Code amendment is needed to make these changes 442 June 5, 2012 because Code Section 26-613 states that applicants for utility rebates must meet the same qualifications requirements as applicants for property tax rebates. A Whereas clause has been added to Ordinance No. 046, 2012, that mentions that a utility refund program is available that follows the same guidelines as the property tax rebate guidelines. Ordinance No. 047, 2012, will update the rebate amount of Sales Tax on Food from $40 to $54 per member of qualifying household, index the rebate amount moving forward to the local CPI and will update the application period to August 1 through October 31. The Ordinances have been amended on Second Reading to add a provision that the City Manager will submit an annual report to City Council by March 31, 2013, reviewing the status of the programs, who is being reached and how participation in the programs has been increased. Both Ordinances were unanimously adopted on First Reading on May 15, 2012. “ Eric Sutherland, 3520 Golden Currant, asked why the utility rebates are coming from the General Fund and stated this item could have been designed better. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 046, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 047, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. THE MOTION CARRIED. Other Business Mayor Weitkunat asked when Item No. 29, Resolution 2012-044, Adopting an Economic Health Strategic Plan for the City of Fort Collins, will be heard. City Manager Atteberry replied it will be the first business item on the June 26, 2012 agenda. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to cancel the June 19, 2012 meeting, as permitted under Section 2-28(a) of the City Code, due to the Colorado Municipal League conference. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. THE MOTION CARRIED. Adjournment Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00 p.m. on June 26, 2012, in order to consider several items of additional business. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none. 443 June 5, 2012 THE MOTION CARRIED. The meeting adjourned at 11:03 p.m. _________________________________ Mayor ATTEST: _____________________________ Deputy City Clerk 444 June 26, 2012 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting - 6:10 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, June 26, 2012, at 6:10 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kottwitz, Ohlson, Poppaw, Troxell and Weikunat. Councilmembers Absent: Manvel. Staff Members Present: Atteberry, Harris, Roy. Agenda Review City Manager Atteberry recommended Council adjourn this meeting to July 10, in order to consider Item No. 6, First Reading of Ordinance No. 061, 2012, Authorizing the Conveyance of a Non- Exclusive Drainage and Landscaping Easement and an Access Easement on City Property to Cornerstone Associates, LLC. CONSENT CALENDAR 4. First Reading of Ordinance No. 059, 2012, Appropriating Prior Year Reserves in the General Fund for the Police Radio Replacement Project. This Ordinance will appropriate $1,054,889 from the General Fund Reserve to help fund the replacement of Police radio equipment that has reached its useful life. The total cost to replace the equipment is approximately $1,694,181. The use of reserves combined with funding in Police Services 2012 operating budget will fund the purchase without having to obtain additional financing. The equipment will be procured via City purchasing regulations and procedures to ensure the City realizes all cost savings. 5. Items Relating to the Analysis and Design of Specific West Vine Basin Stormwater Improvements. A. Resolution 2012-046 Authorizing the Execution of a Supplemental Intergovernmental Agreement between the City and Larimer County for the Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. B. First Reading of Ordinance No. 060, 2012, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. 445 June 26, 2012 The City of Fort Collins and Larimer County are proposing to supplement an existing Intergovernmental Agreement (IGA) that addresses stormwater improvements within the West Vine Basin in northwest Fort Collins and portions of Larimer County. In 1997, the City and County entered into an IGA that addressed stormwater basin master plans for both the Dry Creek and West Vine basins. Except to the extent that the 1997 IGA addresses the development of a Dry Creek project to create a local improvement district and other related actions, the 1997 IGA is still in effect. The proposed supplemental IGA is drafted to allow the City and County to collaborate on the funding and construction of certain stormwater improvements in the West Vine basin and in light of circumstances that have changed since 1997. With the supplemental IGA, the City and the County are proposing to equally share engineering costs associated with the analysis and design of the West Vine Basin stormwater outfall channel (Outfall Channel) and the Forney stormwater detention pond (Forney Pond). 6. First Reading of Ordinance No. 061, 2012, Authorizing the Conveyance of a Non-Exclusive Drainage and Landscaping Easement and an Access Easement on City Property to Cornerstone Associates, LLC. Cornerstone Associates, LLC (the “Developer”) is planning a 1.97 acre affordable housing project called the Legacy Senior Residences PDP (the “Development”) located at 360 Linden Street. The Development requires off-site drainage and landscaping improvements and access improvements on adjacent City-owned property which is maintained as the Old Fort Collins Heritage Park, adjacent to the Northside Aztlan Community Center. In order to facilitate the installation of the planned improvements, the Developer has requested a 11,198 square foot non-exclusive drainage and landscaping easement and 321 square foot non-exclusive access easement from the City on the City property. 7. Resolution 2012-047 Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund to Commission an Artist to Create Art for the North College Improvement Project. This Resolution approves expenditures of $68,025 for materials, fabrication, installation and contingency for a project with artist Andy Dufford of Chevo Studios to create five stone and metal monuments for the North College Improvement Project. 8. Resolution 2012-048 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District. This Resolution authorizes the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2010 and 2011 from the Poudre Valley Fire Protection District (the “District”) in accordance with state law. The properties will continue to receive fire protection services from the Poudre Fire Authority. 9. Resolution 2012-049 Making Appointments to the Golf Board, Parks and Recreation Board, and the Land Conservation and Stewardship Board. This Resolution makes appointments to fill current vacancies on the Golf Board, Parks and Recreation Board and the Land Conservation and Stewardship Board. 446 June 26, 2012 10. Resolution 2012-050 Approving the Appointment of Wanda Nelson as City Clerk and Expressing Appreciation for the Interim Services of Rita Harris as Interim City Clerk. This Resolution approves the City Manager’s appointment of Wanda Nelson as City Clerk, replacing former City Clerk Wanda Krajicek, who retired in March 2012. ***END CONSENT*** Ordinances on First Reading were read by title by Interim City Clerk Harris. 4. First Reading of Ordinance No. 059, 2012, Appropriating Prior Year Reserves in the General Fund for the Police Radio Replacement Project. 5B. First Reading of Ordinance No. 060, 2012, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not postponed on the Consent Calendar. Yeas: Horak, Ohlson, Weitkunat, Poppaw and Troxell. Nays: none. THE MOTION CARRIED. (Secretary’s note: Councilmember Kottwitz was not present in the Chambers at the time of the previous vote.) Resolution 2012-044 Adopting an Economic Health Strategic Plan for the City of Fort Collins, Adopted The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY On February 15, 2011, City Council adopted revisions to City Plan, the City’s Comprehensive Plan. City Plan updated the economic health vision for the City to “a healthy and resilient economy.” The Economic Health Strategic Plan began in May 2011 funded through the Keep Fort Collins Great tax increase passed by the citizens in November 2010. The Economic Health Strategic Plan continues the evolution of the City’s previous economic health planning efforts from 2005 and 2010. BACKGROUND/DISCUSSION Fort Collins enjoys an economic, social, and environmental vitality that is the envy of many communities its size. The high quality of place attributed to Fort Collins comes from the lively historic downtown and the city’s impressive parks, trails, and open space networks. These community assets make Fort Collins an attractive community for both a well educated workforce and high tech industry. 447 June 26, 2012 Fort Collins includes a wide array of economic engines, including Poudre Valley Health System, Hewlett Packard and Woodward, employing almost 13,000 workers representing a diverse economic base. Combine these economic engines with a major land grant university in Colorado State University and the result is a burgeoning culture of entrepreneurship. This innovation ecosystem has produced a number of home-grown companies whose products now reach markets across the world, including New Belgium Brewery, Otterbox, Envirofit, and Spirae. The City implements a broad array of programs and services focused on preserving and enhancing economic health and resiliency. A brief history of these efforts includes: • Mid-2000s and earlier – Economic activities were not a specific focus; efforts centered on delivery of high-quality community assets such as parks, trails, and open space • 2005 – City Council embraced a new direction in response to the economic downturn of 2001-2003; City Council created the Economic Vitality and Sustainability Action Group, which sought to balance the community’s values of stewardship and quality of place • 2006 – City Council adopted an Economic Action Plan that defined the City’s more active role in Economic Health • 2011 – City Council adopted revisions to City Plan that articulates a series of Principles and Policies related to Economic Health In the past seven years, the Economic Health Office (EHO) has completed many of the items in the 2006 Action Plan, including a target industry study, a sales tax analysis tool, hiring an economic staff lead, improving the development review process, and creating an economic health communication plan. It has also adopted the principles and policies set forth in the City Plan. About the Plan In May 2011, the City, with the assistance of the TIP Strategies team, began work on the 2012 Economic Health Strategic Plan (EHSP). The EHSP is an extension of the City’s previous economic health planning efforts and represents the evolution of the City’s approach to Economic Health. The EHSP process started with a review of the public input collected as part of the Plan Fort Collins Initiative. This input was augmented with a targeted input strategy aimed at the City’s primary economic development partners and stakeholders. Through a series of interviews and focus groups that included 60 people, 2 stakeholder workshops, and a public open house, TIP and City staff gathered the input to inform this Plan’s understanding of Fort Collins, its culture, its values, and its priorities. From the first meeting, it was clear that this was not to be an ordinary plan. The Plan would need to reflect the unique community character of Fort Collins. Innovation and entrepreneurship, along with an emphasis on the local economy, would form the foundation of the Plan. Furthermore, the existing focus of the Economic Health Office was reinforced as business retention, expansion, and incubation. The City’s role in business attraction would focus on the proactive recruitment of companies that fill specific gaps in the target industry clusters. At the same time, the consulting team was tasked with providing a data-driven analysis to understand the economy, the regional workforce, and the city’s economic drivers. To create the 448 June 26, 2012 Plan, the team drew upon these sources of input, along with experience and knowledge of how other communities have tackled the issues that Fort Collins faces. The end result is the Economic Health Strategic Plan. The Plan presents a citywide - and community-driven - response to economic health. The intent of the Plan is to maximize the efficiency and effectiveness through leveraging community stakeholders and business relationships. It will require the support of stakeholders and a collaborative approach. This outcome creates a stronger EHSP because it recognizes the ability of the City to leverage community organizations and stakeholders invested in economic health. These include Colorado State University, the Small Business Development Center, Larimer County Workforce Center, Northern Colorado Economic Development Corporation, Rocky Mountain Innosphere, UniverCity Connections, the Chamber, and many others. The final section of this Plan addresses implementation and outlines a series of tasks and community partners that might assit in implementation. Finally, the Plan also recognizes that numerous private sector stakeholders share an interest in the health and resiliency of the local economy. In many cases, these same stakeholders have a vested interest in the economic health of Fort Collins. A collaborative approach allows for the City to engage these stakeholders and ensure that the community’s values and character are conveyed in the Fort Collins story that is shared with an external audience. This engagement permits the City to influence economic outcomes and development patterns to a greater degree. SUMMARY OF ECONOMIC HEALTH FRAMEWORK Guiding Principles “A Healthy, Resilient Economy” The collaboration of government, academia, companies, and non-profits is the foundation of this approach. 1. Create more and better economic opportunity for residents. 2. Diversify the tax base to help insulate Fort Collins from economic shocks. 3. Preserve Fort Collins’ unique quality of place and culture. Vision “Fort Collins will be a model city for economic health by cultivating quality of place, innovation, and stewardship.” The vision should be the unifying thread / theme across the principle projects, collaboration, research, and City policies geared toward promoting economic health in Fort Collins. Goals 1. Facilitate a stronger support network for existing employers, new businesses, and small business. 449 June 26, 2012 2. Enhance the innovation ecosystem and economy that supports companies at all stages and aligns with City goals. 3. Create a system for talent development, retention and recruitment that responds to and anticipates employers’ needs. 4. Develop community assets and infrastructure necessary to support the region’s employers and talent. IMPLEMENTATION The 2012 Economic Health Strategic Plan builds upon both the 2005 Economic Action Plan and the Plan Fort Collins comprehensive plan. The objectives and strategies laid out in this Plan are framed in realistic and manageable expectations. In keeping with the broader goals of the community, they also have the ability to be transformative by fostering local business and innovation. For this to occur, the City must embrace an organizational structure that will allow for the application of appropriate economic opportunities, track progress towards implementation, and monitor strategies. Organizational Structure Economic Health Office staff will enhance relationships with community partners to leverage the City’s resources for Plan implementation. Fort Collins is fortunate to have multiple service providers that can take the lead on many of the initiatives with the City playing a support role. There are approximately 15 full-time employees working in organizations related to economic development, including the Northern Colorado Economic Development Corporation, the Fort Collins Area Chamber of Commerce, Rocky Mountain Innosphere, the Workforce Investment Board, the Convention and Visitors Bureau, the Poudre River Public Library, and the Larimer County Small Business Development Center. By forging stronger, formal partnerships with these organizations, the City of Fort Collins can leverage its resources and free City staff to focus on strategic initiatives. The City of Fort Collins should formalize partnerships with memoranda of understanding and in some cases through contracts with organizations to provide economic health services. Many of the existing service providers have additional funding sources to supplement City funding. They also already have or are in a position to build the expertise needed to create more robust basic programs. Under this new model, the City will need to define its role and the role of its service providers in administering the economic health program. Staff’s recommendations for the role of the City are on the following pages. Next Steps Upon the adoption of the 2012 EHSP by the City Council, the City will initiate the implementation process. The steps for initiating the process are as follows: 1. Form an EHSP implementation team. 2. Designate a team leader for each strategy a. Evaluate resources needed to implement each strategy b. Create a work plan that prioritizes strategies, sets performance targets, and outlines what, if any, additional resources will be needed 450 June 26, 2012 3. Establish regular dates for the implementation team to meet 4. Adopt mechanisms and tools for tracking implementation progress, sharing information, and communicating. FINANCIAL/ECONOMIC IMPACTS As the City’s guiding document related to Economic Health activities, the Plan will have a significant impact on the community’s economy. Specifics are hard to quantify given the policy nature of the Plan. The Plan does not have an explicit impact on the finances of the City. However, it does call for the City to engage in several new aspects of Economic Health. These new efforts may impact the budget of the City. Any impacts will occur through the City’s Budgeting For Outcomes process. ENVIRONMENTAL IMPACTS It is hard to quantify the explicit impacts of the Plan on the environment. However, the vision of the Economic Health Strategic Plan explicitly recognizes the need to balance the health and resiliency of the economy with quality of place and environmental stewardship. The Plan achieves this balance by focusing on innovation in target industry clusters such as Clean Energy and Water Innovation. BOARD/COMMISSION RECOMMENDATION The Economic Advisory Commission recommends adoption of the Resolution (Attachments 6 and 7). PUBLIC OUTREACH Through a series of interviews and focus groups that included 60 people, 2 stakeholder workshops, and a public open house, TIP and City staff gathered the input to inform this Plan’s understanding of Fort Collins, its culture, its values, and its priorities. A public open house was conducted on February 2, 2012. Approximately 30 citizens attended. A complete summary of public input is included in the appendix of the attached Plan.” Josh Birks, Economic Advisor, stated funding for the update to the Economic Action Plan was requested in the 2011-2012 budget cycle and work on the update started in May 2011. The Economic Advisory Commission and Council have been part of the update discussion throughout the process. The four key goals of the Plan are (1) to facilitate a stronger support network for existing employers, new businesses, and small business; (2) enhance the innovation ecosystem and economy that supports companies at all stages and aligns with City goals; (3) create a system for talent development, retention and recruitment that responds to and anticipates employers’ needs; and (4) develop community assets and infrastructure necessary to support the region’s employers and talent. Eric Sutherland, 3520 Golden Currant, expressed concern that this Plan does not address the correct issues which should be of concern to the City, such as community safety and street paving. 451 June 26, 2012 Mayor Weitkunat discussed the specific action items which were a part of the 2006 Economic Action Plan development. She requested a staff response to Mr. Sutherland’s comments. Birks stated the Plan does not specifically address community safety and street paving but the value of quality of place is a large part of the Plan. City Manager Atteberry stated quality of life and quality of services are the primary economic goals for the City. Mayor Weitkunat requested staff input regarding Mr. Sutherland’s comments about public resources to be used for outcomes in the Plan. Birks stated the Plan outlines the toolbox of available resources, but does not place specific dollar amounts on items as that is dependent on values created by particular projects in terms of tax increment financing. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2012-044. Councilmember Troxell commended staff for work on the Plan and expressed appreciation for the public-private collaboration aspects. He stated this is a strong Economic Plan for the City’s future. Mayor Weitkunat stated the Plan pulls on the strengths of the community. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Other Business Emergency Ordinance No. 065, 2012, Banning Open Burning in the City, Adopted The following is staff’s memorandum for this item. “EXECUTIVE SUMMARY Fire danger is at an all-time high, which is evident with the High Park fire and others in the State. Governor Hickenlooper and the Larimer County Board of Commissioners have implemented bans on open fire and the sales and use of fireworks. Poudre Fire Authority (PFA) staff has worked with the Governor and the Commissioners to impose these bans. By the adoption of the International Fire Code, the City of Fort Collins already bans the sales, use and possession of fireworks. The county-wide ban covers the areas within the Poudre Valley Fire Protection District; however, there is no ban imposed within the City that can be enforced by City personnel or the PFA. Staff feels that a citywide fire ban is necessary to ensure that provisions of the state-wide ban are applicable within the City and can be enforced by Police Services and the PFA, to protect the safety and welfare of its citizens and property. 452 June 26, 2012 BACKGROUND/DISCUSSION On June 14, 2012 Governor Hickenlooper issued an executive order banning open burning in the State of Colorado as a result of high temperatures, dry conditions, the High Park fire and numerous other reported wildfires burning in the state. This ban prohibits campfires, warming fires, charcoal grill fires at locations other than private residences and other activities that pose a significant risk of starting a fire. The Larimer County Board of Commissioners imposed a total ban of open fire and the sales and use of fireworks on June 19, 2012. The sales, use, and possession of fireworks in the City of Fort Collins have been banned since the ban was prescribed in the Fire Code over 20 years ago. Within the City and consistent with the county-wide and state-wide bans, the proposed fire ban would prohibit all open burning except for liquid-fueled or gas-fueled stoves, grills or fireplaces; wood-burning fireplaces contained within buildings; charcoal grills at private residences; and commercial, professional and municipal fireworks displays where specific written approval has been granted by the Fire Chief. This proposed City ban is more restrictive than the Governor’s Order in that it does not contain the exception for permanent fire pits or fire grates within developed campgrounds, picnic grounds, or recreation sites. Any fires (including charcoal grills) in those areas, including parks or natural areas, pose a significant risk as many of those areas abut open spaces where we do not have well irrigated grasses, but rather very dry native grass, that can be easily ignited with a single spark. There is also an increased risk within those areas of the charcoal or coals being left unattended and a subsequent wind may well spread the embers to combustible vegetation. Charcoal grills do pose a risk at private residences as well, but the risk is typically less. Most homes have well irrigated lawns and are surrounded by homes with well irrigated lawns. Further, experience shows that the use of charcoal grills at a home is usually attended and monitored by the homeowner and the coals properly disposed of. Commercial, professional and/or municipal fireworks displays would be allowed with specific written approval from the Fire Chief. The City Park fireworks display provides a safe environment for citizens to enjoy fireworks. The fallout zone of the fireworks as mandated in the national standards (we actually exceed the standards) includes irrigated lands, non-combustible surfaces and City Park Lake. Other commercial and professional displays will be inspected and approved or denied on a case-by-case basis by the Fire Chief. FINANCIAL/ECONOMIC IMPACTS No additional costs are anticipated.” City Manager Atteberry introduced Poudre Fire Authority Chief Tom DeMint and Fire Marshal Bob Poncelow. Chief DeMint stated this Emergency Ordinance would implement the statewide fire ban within the City of Fort Collins. He discussed the extreme fire danger throughout the local area and state. 453 June 26, 2012 Marshal Poncelow noted Larimer County has restricted all open burning. The City’s Ordinance would allow the use of gas or liquid fueled appliances, fires in fireplaces and structures, fires in charcoal grills at private residences, and commercial and professional fireworks displays. It would ban the use of charcoal grills in parks. Councilmember Poppaw asked if the City’s professional fireworks display is still supported, particularly given that fire resources are currently stretched and given that condoning the display could inadvertently cause citizens to believe private fireworks are acceptable. Marshal Poncelow replied commercial displays are allowed based on the national standards. It is likely off-duty crews would be on duty for the display at City Park. The Country Club is also planning a professional fireworks display and will hire its own off-duty firefighters for its display. Chief DeMint assured Council the City Park display meets and exceeds the national standards for safety. City Manager Atteberry noted the Poudre Fire Authority Board is also in support of allowing the display. Councilmember Troxell noted the Emergency Ordinance has only one reading and asked why it was being used rather than an Administrative Order. City Attorney Roy replied both options were discussed; however, the Chief was more comfortable having Council’s endorsement of the ban. Additionally, this Ordinance gives the Council the opportunity to authorize Police Services to enforce the ban, which would not have been available to the Chief administratively. Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Emergency Ordinance No. 065, 2012. Councilmember Troxell asked about the ending time of the ban. City Attorney Roy replied the revised version of the Ordinance states that it can be rescinded in one of two ways: at the time the Fire Chief finds it is no longer necessary by filing a written notice to that effect in the Office of the City Clerk, or when Council amends or rescinds the Ordinance, whichever occurs first. City Attorney Roy read the Ordinance into the record. Councilmember Horak suggested that signage be placed at parks and natural areas regarding the fire ban and that fire staff or other officials be available to answer questions and provide information to citizens. City Manager Atteberry stated he would report back to Council tomorrow regarding the action plan. Mayor Weitkunat noted the Emergency Ordinance allows enforcement to take place. Councilmember Kottwitz requested additional assurance that the fireworks display would be cancelled should conditions warrant such a decision. Chief DeMint replied all national standards are exceeded for the City show; however, there are always risks involved. He assured Council the display could be cancelled at any time given changes in circumstances. Councilmember Poppaw asked how many PFA staff members typically attend the fireworks display. Marshal Poncelow replied overtime, off-duty crews will be utilized for the fireworks display. There 454 June 26, 2012 are currently no PFA employees working the High Park fire, though staff members could be called for other fires at any time. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Chief DeMint provided a brief update regarding the High Park fire, which is currently at 87,250 acres in size with 55% containment. At this point, 257 homes have been lost. He thanked the firefighting crews from all over the country who have aided with the fire and thanked the community for its support. Councilmember Horak noted the decision to create Poudre Fire Authority has served the citizens well. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Horak, to cancel the July 3, 2012 City Council meeting as permitted under Section 2-28(a) of the City Code. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Adjournment Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Horak, to adjourn to 6:00 p.m. on Tuesday, July 10, 2012, for the purpose of considering any additional business that may come before the Council at that time. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 7:26 p.m. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk 455