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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2013 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JDATE: August 20, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Consideration and Approval of the Minutes of the July 2 and July 16, 2013 Regular Meetings and the July 30, 2013 Special Meeting. July 2, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 2, 2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry recommended Item No. 15, First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years, be postponed to a later date, and that Item No. 19, Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins-Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study and Item No. 20, Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board, be postponed to July 16. Citizen Participation Eleanor Dwight, 1012 Sailors Reef, opposed the tree removal process at Warren Lake and stated sprinklers were broken in the process. Duane Rasmussen, 1033 Sailors Reef, opposed the tree removal process at Warren Lake and showed photos of the site. Howard Stimley, 1037 Sailors Reef, discussed the desires of the Warren Lake residents regarding mitigation for the tree removal. Bree Manetta, 1005 Sailors Reef, opposed the tree removal process at Warren Lake. Wendy Walmsley, 1068 Sailors Reef, opposed the tree removal process at Warren Lake. Chris Hays, Human Relations Commission, announced seminars on mental health and healthy aging issues. Mel Hilgenberg, 172 North College, announced upcoming community events and urged Council to opposed the on-campus stadium. 178 July 2, 2013 Debbie Carroll, Fort Collins resident, discussed the unlawful removal of a child in California and related the case to a Larimer County case. Stacy Lynne, 305 West Magnolia, discussed her driver’s license removal by the state and opposed law enforcement and judicial processes. Bill Mawhiney opposed law enforcement and judicial processes related to his daughter, Stacy Lynne and opposed Councilmembers leaving chambers during citizen participation. Mike Pruznick, 636 Castle Ridge Court, discussed Fort Collins’ economic position and suggested the City reconsider its jobs growth policy. He questioned Councilmembers leaving chambers during citizen participation. Citizen Participation Follow-up Councilmember Poppaw stated she leaves chambers during irresponsible and inflammatory comments and noted Council has no control over child custody cases. Mayor Weitkunat requested an update regarding the tree removal at Warren Lake. City Manager Atteberry replied City staff members have been actively involved in the discussion. Bruce Hendee, Chief Sustainability Officer, stated neighborhood meetings have been held and neighbors were promised a landscape plan and work. He discussed a possible violation of the City Charter which led to a stop work order for the contractor and stated a Warren Lake Reservoir Company shareholder meeting needs to occur prior to approval of a mediation plan. He stated that meeting will hopefully occur within the next week. Councilmember Cunniff asked when restoration will begin, assuming approval at the shareholder meeting. Hendee replied he does not have a specific date but hopefully work will begin within a few weeks. Councilmember Campana asked about the broken sprinkler systems. Hendee replied sprinklers were broken on both the Warren Lake property and on private property. He stated the direct expenditure of City funds on this project would not meet City Charter provisions. Mayor Pro Tem Horak expressed concern regarding the fact that the City owns a majority share in the Warren Lake Reservoir Company and has such little control. City Manager Atteberry replied he intends to ensure the City is represented comprehensively on each of the boards. Councilmember Campana encouraged additional, ongoing communication with the neighborhood. Mayor Pro Tem Horak commented on the lack of following procedure during citizen participation. Councilmember Overbeck commented on the public process of citizen participation. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the June 4 and June 18, 2013 Regular Meetings and the June 11, 2013 Adjourned Meeting. 179 July 2, 2013 7. Second Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. The Fort Collins Housing Authority paid the City of Fort Collins $3,169 as the 2012 payments for public services and facilities. This Ordinance, unanimously adopted on First Reading on June 18, 2013, refunds those payments, also known as Payment in Lieu of Taxes (PILOT), to fund sorely needed affordable housing related activities and to attend to the low- income housing needs of Fort Collins residents. 8. Second Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non- Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association. This Ordinance, unanimously adopted on First Reading on June 18, 2013, formalizes the Natural Areas Department verbal agreement with Paragon Estates Homeowners Association (HOA) for access across an existing two-track road off Trilby Road to the HOA’s pumphouse. The pumphouse is located within an existing irrigation easement on Fossil Creek Wetlands Natural Area. The HOA’s current access has minimal impact to the Natural Area and no additional impacts are anticipated. Access would be solely for maintenance and operation of the facilities associated with the existing irrigation easement. No other access rights are to be conveyed. 9. First Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 10. First Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. The purpose of this Ordinance is to appropriate medical marijuana application and licensing fees to fund the services provided by a contractual Medical Marijuana Licensing Authority. 180 July 2, 2013 11. First Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. This Ordinance appropriates $100,000 split evenly between Stormwater Reserves and Transportation Reserves for 60 feet of frontage restoration between the Block One area of responsibility and the Linden Street bridge. Reimbursement from the City shall be limited to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for reimbursement include design, a conditional letter of map revision (CLOMR) and construction costs. 12. Items Relating to Natural Area Appropriations. A. First Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. First Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. Prior to 2004, the Natural Areas Department was housed within the Capital Projects Fund and, therefore, funds did not lapse from year to year. During 2004, in order to comply with the Governmental Accounting Standards Board, Natural Areas appropriations and funding sources were moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds need to be appropriated into the following year’s budget before they can be spent. The purpose of the previously appropriated funds remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. Natural Areas has received unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number of land conservation efforts. Ordinance No. 090, 2013, will appropriate $7,310,000: $5,380,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas Programming not included in the 2013 budget. Ordinance No. 091, 2013, will appropriate $1,420,000 from prior year reserves in the Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing a new Natural Areas Office building. 13. First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. Staff has identified a variety of proposed changes, additions and clarifications in the 2013 annual update of the Land Use Code. 181 July 2, 2013 14. First Reading of Ordinance No. 093, 2013, Establishing User Fees for Public Use Electric Vehicle Charging Stations. This Ordinance will establish user fee rates for public use electric vehicle charging stations operated through the City’s public electric vehicle (EV) charging station pilot program. These user fees only apply to the public use charging stations owned and operated by the City of Fort Collins Utility Services. The user fees for use of 240 volt “Level 2” charging stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt “Level 3” DC quick charger will be $3.00 per session. These fees are calculated to recover the direct energy and payment processing costs associated with each charging session. While user fees for general fund services can be established administratively by the City Manager, Council must establish all Utility Services rates and fees by ordinance. 15. First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. (This item has been withdrawn from consideration) Feeding Our Community Ourselves, Inc. wishes to lease 212 West Laporte Avenue to house a non-profit café with a minimal food processing facility. The total yearly lease payment for the property will be a minimum of $44,688. The term of the lease shall be for one (1) year, with renewals on a yearly basis for up to four (4) successive one-year terms. With this lease, either party will have the option to terminate at any time upon a one (1) year advance written notice to the other party. The tenant will be responsible for the taxes, all utilities, communication services, trash services and janitorial services. 16. First Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. The purpose of this Ordinance is to amend Ordinance No. 068, 2013,extending the period from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non- Exclusive Utility Easement to Xcel, was adopted in May, and follow-up conversations with Xcel (Public Service Company) require this extension. This easement addresses the location of West Main pipeline at the northwest corner of Harmony Road and Shields Street and provides for the location in the right of way instead of on private property. The City has agreed to pay for any relocation of the approximately 2000 feet of line adjacent to the property that may be necessary in the next twenty years. This is a low-risk option and will be consistent with the location of the pipeline in the Shields Street right of way. In order to document this agreement between the City and Xcel, staff is recommending a Non-Exclusive Pipeline Easement within the Shields Street right of way. 182 July 2, 2013 17. Resolution 2013-056 Authorizing the City Manager to Execute the 2013 Grant Agreement (AIP Project No. 3-08-0023-32-2013) with the Federal Aviation Administration for Improvements at the Fort Collins-Loveland Municipal Airport. This Resolution authorizes the City Manager to execute a Grant Agreement from the Federal Aviation Administration (FAA) for up to $1,536,295. This FAA Grant will be used to for a capital construction project that includes the rehabilitation and repair of the Airport’s primary aircraft apron and perimeter fence completion. 18. Resolution 2013-057 Authorizing the Mayor to Execute an Intergovernmental Agreement Between the City and the Colorado Department of Transportation for the Purpose of Establishing Performance, Monitoring and Mitigation Parameters for the Jefferson Street Corridor. City Council approved the Jefferson Street Alternatives Analysis Study report on June 5, 2012. This included the recommended preferred corridor and intersection alternatives as well as actions needed to amend the Jefferson/Riverside (SH14) Access Management Plan. City staff worked with Colorado Department of Transportation (CDOT) over the past year to finalize an Intergovernmental Agreement (IGA) with CDOT regarding the recommended changes for Jefferson Street. This IGA spells out the conditions CDOT and the City agree to for converting Jefferson Street from a four lane street to a three lane street. This includes the required monitoring of traffic conditions before and after the conversion, mitigation measures to address problems if needed and if all mitigation measures fail the IGA allows CDOT to convert Jefferson Street back to four lanes (as a last measure). 19. Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins-Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study. Staff proposes to enter into an intergovernmental agreement for a joint study to examine options for regional water treatment solutions between the Tri-Districts and the City of Fort Collins. The scope of any cooperative solution is strictly limited to creating a business model of receiving raw water, treating it, and returning a finished potable water product to the member entities at a wholesale rate. Options range from remaining independent, additional intergovernmental agreements, combining facilities, or other options to be determined during the investigation phase of the study. Acquisition and control of water rights or raw water storage is not part of this discussion. 20. Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board. (This item has been withdrawn from consideration) This Resolution appoints Mayor Karen Weitkunat as the liaison to the Planning and Zoning Board, replacing Councilmember Gino Campana. 183 July 2, 2013 21. Resolution 2013-060 Making Appointments to the Citizen Review Board and the Golf Board. A vacancy currently exists on the Citizen Review Board due to the resignation of James O’Neill. Mayor Karen Weitkunat and Mayor Pro Tem Gerry Horak reviewed applicants on file and elected to interview the applicants. After conducting interviews, Mayor Weitkunat and Mayor Pro Tem Horak recommend Austin Saunders to fill the vacancy with a term to begin immediately and set to expire on December 31, 2016. One vacancy currently exists on the Golf Board due to the resignation of Robert Visocky. Since there were no applicants on file, Mayor Pro Tem Gerry Horak and Councilmember Lisa Poppaw elected to readvertise for the vacancy. After conducting interviews, Mayor Pro Tem Gerry Horak and Councilmember Lisa Poppaw recommend Tim Martinez to fill the vacancy with a term to begin immediately and set to expire on December 31, 2014. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 7. Second Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. 8. Second Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non- Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association. 27. Second Reading of Ordinance No. 082, 2013, Appropriating Prior Year Reserves in the General Fund to Be Used for Operation of the Sister Mary Alice Murphy Center of Hope. 28. Second Reading of Ordinance No. 084, 2013 Authorizing the Conveyance of Four Easements, a Temporary Construction Easement and a Revocable Permit on City Right-of- Way and City-Owned Property to Linden Bridges LLC for the Encompass-River District Block One Mixed Use Development. Ordinances on First Reading were read by title by City Clerk Nelson. 9. First Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. 10. First Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. 184 July 2, 2013 11. First Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. 12.Items Relating to Natural Area Appropriations. A. First Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. First Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. 13. First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. 14. First Reading of Ordinance No. 093, 2013, Establishing User Fees for Public Use Electric Vehicle Charging Stations. 16. First Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. 26. Items Relating to Urban Agriculture. A. First Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. First Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City Code Related to the Care and Keeping of Animals. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Poppaw, Cunniff, Overbeck, Campana, Horak and Troxell. Nays: none. THE MOTION CARRIED. Staff Reports Poudre Fire Authority Fire Marshal Bob Poncelow discussed the safety of the City’s 4th of July fireworks show and noted all fireworks are illegal in the city limits. Police Chief John Hutto discussed enforcement policies and procedures regarding violations of fireworks laws. 185 July 2, 2013 Councilmember Cunniff requested additional information be placed on the City’s website regarding contact information for fireworks complaints. Mayor Pro Tem Horak commended work on the fireworks outreach plan. Councilmember Reports Mayor Pro Tem Horak reported on the American Public Power Association conference and the Front Range summit meeting in Loveland. Councilmember Troxell reported on the Innovation After Hours event. Mayor Weitkunat reported on the Highway 287 Coalition meeting and the Colorado Municipal League conference. Items Relating to Urban Agriculture, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. First Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City Code Related to the Care and Keeping of Animals (Option 1 or Option 2). The purpose of this item is to better align the Land Use and City Code with City Plan by allowing urban agriculture land uses in all zone districts, expand the districts where farmers markets are allowed, and allow a broader range and number of animals to be raised in the City. City Plan contains several principle and policy statements aimed at promoting local food production. Several City Departments are coordinating with numerous public, private, and academic entities to implement these principles and policies. However, the Land Use Code is in direct conflict with City Plan as it only allows urban agriculture in four of the twenty-five zone districts as a primary use. While City Council amended the Land Use and City Code in 2008 to allow six chickens hens per lot (Ordinance No. 072, 2008), hundreds of citizens expressed the desire to practice urban agriculture in more zones in the City, allow farmers markets in more areas, and allow for a wider range and number of animals to be raised. Based on City Plan and this feedback, staff proposes Land Use and City Code changes to implement City Plan. The proposed Land Use Code changes include (1) the establishment of an urban agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing farmers markets in more zone districts in the City. Proposed City Code changes include (1) scaling the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, and (3) updating the beekeeping Ordinance to reflect current best practices. 186 July 2, 2013 BACKGROUND / DISCUSSION Urban agriculture includes the production, distribution and consumption of locally produced food in an urban environment. City Plan contains principles and policy statements in support of urban agriculture in three of the seven key issue chapters. Partnerships internal and external to the City are working to implement these policy and principle statements. For example, the Social Sustainability Department and the Gardens on Spring Creek are implementing the Community Gardens Outreach Program (Offer 236.1) to promote access to community gardens in low-income neighborhoods. The Planning Department is coordinating with numerous entities to ensure the Land Use Code and City Codes are not acting as a barrier to implementing urban agriculture in the City. Throughout this year, representatives from the private sector, public sector, and academic sector are coming together to identify how we can implement City Plan strategically through the development of a Local Food Cluster, sponsored by the City’s Economic Health Department. Each of these efforts is critical to implement the urban agriculture portions of City Plan. What is before Council on July 2 is the effort to remove the Land Use and City Code barriers that would allow more urban agriculture practices to take place throughout the City. Currently, the Land Use Code only allows urban agriculture as a primary use in four of the City’s twenty-five zone districts (see Attachment 1: Map of Zone Districts), yet these uses are currently being practiced in numerous other zone districts (see Attachment 2: Map of Urban Agriculture Land Uses). This project aligns with the City Plan Principle SW 3, which states, “The City will encourage and support local food production to improve the availability and accessibility of healthy foods, and to provide other educational, economic, and social benefits.” Based on research, outreach, and City Plan direction, this project has the following objectives: Objective 1: Create an alternate development review process for urban agriculture land uses The first project objective is to create an urban agriculture licensing system that allows urban agriculture to be practiced throughout the City while ensuring neighborhood compatibility. If adopted, urban agriculture will be a permitted use in all zone districts, subject to the licensing requirements set forth in Section 3.8.31 of the Land Use Code. This licensing system creates a process for these land uses to be permitted without requiring the uses to go through development review, which could prove prohibitive for achieving the City Plan principle of encouraging local food production. Based on feedback from Council, a specific application requirement will be to provide more detailed information on the proposed manure management at the site (see Attachment 3 for all submittal requirements). Objective 2: Allows farmers markets to be permitted in additional zone districts Staff is proposing that farmers markets be allowed, in addition to the existing zone districts, in the LMN (Low Density Mixed-Use Neighborhood) and MMN (Medium Density Mixed-Use Neighborhood) zone districts. However, staff is recommending that these uses be allowed only if located within a neighborhood center, park, or central feature or gathering place to ensure that the traffic and other nuisance issues, as identified through the survey, are minimized. Staff is also 187 July 2, 2013 proposing that farmers markets be allowed in the HMN (High Density Mixed-Use Neighborhood) district, which is limited in its geographic extent and would not likely pose the same concerns as in the other zone districts. Objective 3: Scale the number of chickens allowed based on lot size, allow duck hens to be raised, and update the beekeeping standards Staff proposes the following structure for scaling chickens and ducks based on lot size: • Less than 1/2 acre – up to eight chickens and/or ducks, combined (this would allow everyone in the City to have up to eight chickens and/or ducks, similar to the City of Denver); • Between 1/2 acre and 1 acre – up to twelve chickens and/or ducks; and • More than 1 acre – six chickens and/or ducks per each additional ½ acre above a one-acre lot size, however, when more than twelve chickens and/or ducks are requested, then all abutting property owners must be notified prior to the issuance of a license to ensure compatibility with the neighbors. One discussion during the May 14 Council Work Session was whether male ducks (drakes) should be allowed to be raised within the City. While they do not pose the same level of noise concerns that roosters do, CSU experts and Larimer County Department of Health staff presented concerns related to handling ducklings and to the noise concerns that could still arise from allowing drakes. Though raising drakes with hens can be beneficial to the overall health of the animals, staff is recommending that drakes not be allowed within the City at this time. With regard to bees, numerous citizens requested removing the current requirement that hives be only Langstroth-style hives, since it is an antiquated standard. Numerous other communities, including Larimer County, regulate beekeeping based on movable comb hives. Staff is recommending that the hive requirement be updated to reflect more recent best practices and require movable comb hives instead of Langstroth-style hives. In addition, citizens requested additional time to dispose of or combine nucleus colonies. Instead of 30 days to dispose of or combine the colony, staff is recommending allowing residents up to 60 days. Note there are two separate licenses within this discussion: 1. Uban Agriculture License – this license will be managed by the Planning Department and will be for those land uses, e.g., community gardens, market gardens, etc. where the garden or farm is the principal use on the land. As discussed during the May 14, 2013 Work Session, the fee for the licenses will be waived for the first year to allow existing gardens and farms to comply with the proposed regulations. 2. Poultry License (currently the chicken license) – this license will be managed by the Larimer County Humane Society and will be for anyone wishing to obtain chicken hens and/or ducks hens in compliance with the proposed City Code regulations. The fee for this license is $35. Other Objectives and Next Steps: Goats 188 July 2, 2013 In discussions with the community, the public outreach process, and during the Council Work Session on May 14, significant support has been expressed for allowing miniature or pygmy goats to be raised within City limits. However, in May, staff met with representatives from the Larimer County Department of Health, CSU Extension, CanDo (the Coalition for Activity and Nutrition to Defeat Obesity), and Animal Control to obtain their feedback on the proposed code changes. During this discussion, staff learned that there is a disease associated with goats (Q fever) that has the potential to affect residents beyond the individuals actually raising the goats. For example, Q fever is a wind-borne disease that has the potential to affect neighbors who did not choose to be impacted, and can be threatening to sensitive populations. Further, staff learned there is not a vaccine or reliable screening test for this disease. In addition to Q fever, CSU experts also expressed concerns over the increasing number of cases of rabies in the Front Range. As such, they are concerned that increasing the types of animals allowed within the City could increase the number of rabies incidences, especially as there is a not a vaccine labeled for goats in the United States. Staff should note that there is an “off label” vaccine that veterinarians can use in goats in general practice, but the lack of an approved vaccine for goats creates a situation where prevention of transmitting the disease between goats and humans cannot be guaranteed. After the discussion, staff contacted other urban, municipal governments that allow goats, e.g., Denver (allowed since 2011) and Seattle (allowed since 2007). Staff spoke with health experts from those areas as well as representatives from the Center for Disease Control, CSU’s Urban Agriculture Program, and numerous citizens. While all health representatives acknowledged the risks of Q fever, they acknowledged that no Q fever outbreaks have occurred in urban environments and the risk is low that an outbreak would occur in the City, should the City allow goats to be raised. If the City were to move forward with allowing goats, CSU experts have recommended that potential goat owners be required to take a class in animal husbandry, care, and disease prevention and management. They also suggested an inspection of the goat facilities prior to issuing a license should be required. Due to the low number of citizens who have requested an interest in raising goats, to staff’s knowledge, the amount of resources required to coordinate these classes and conduct the inspections, and the potential health risks to the community, staff is not recommending that Council allow goats to be raised at this time. Year-round Growing During the public outreach process, citizens and farmers requested that other issues be addressed, including allowing hoop houses (temporary greenhouses with frames made of conduit, PVC, or wood covered by polyurethane) within the City without a building permit. Staff is currently coordinating the required code changes to allow hoop houses and intends to bring these changes forward with the building code revisions this fall. 189 July 2, 2013 Water Quality During the May 14 Council Work Session, staff was asked to assess if baseline sampling could be conducted to ensure that water quality does not degrade as a result of allowing urban agriculture within the City. Through discussions with Utilities, staff learned we would need to have a better understanding of the types of chemicals being used at the site before we could conduct this sampling. Staff has added questions related to the use, timing, and frequency of chemicals to the submittal checklist. If farmers or gardeners propose to use these chemicals, staff will have a better understanding of what chemicals will need to be tested. As these tests can prove expensive, staff can also provide these applicants with resources regarding alternative, organic treatments to minimize the use of these chemicals. Implementation Report As discussed during the Work Session, staff will provide an implementation report to Council in the summer of 2013 with at least the following information: • Number of urban agriculture and poultry licenses issued; • Average staff time to process a license; • Whether a particular size of operation causes greater impacts than smaller operations; • If any applicants proposed to use synthetic chemicals and if a change in water quality was able to be sampled for (and detected); • If additional demand for goats has arisen and if the City should pursue allowing goats; • If allowing drakes (male ducks) should be considered; • Other key issues that have arisen during the licensing process; and • Any suggested refinements to the urban agriculture regulations. FINANCIAL / ECONOMIC IMPACTS The economic impacts to the City of Fort Collins from producing more food locally have not been quantified, However, Boulder County conducted a study in 2012 and found that if 25% of foods were produced locally, the economic impacts of this 25% shift would provide 1,899 additional jobs, over 80 million dollars in wages, and almost 12 million dollars in additional business taxes would be generated in Boulder County alone (see http://www.fcgov.com/developmentreview/pdf/ua-be- local.pdf for the presentation by Hill Grimmett, former Executive Director of Be Local Northern Colorado). In addition to the broader economic impacts, being able to produce your own food or obtain more food locally supports the City’s goal of a more resilient local economy (Principle EH1). ENVIRONMENTAL IMPACTS Allowing urban agriculture to proliferate within City limits presents the opportunity to have numerous environmental impacts. These benefits include the potential for increased pollinator populations (biodiversity) and the psychological benefits of local food production and being more self-sufficient. In addition, the production of more food locally can reduce greenhouse gas (GHG) emissions by reducing the vehicle miles traveled by the food we consume. For these reasons, and 190 July 2, 2013 many more, urban agriculture presents an opportunity for the City to provide for a local, resilient food economy. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board unanimously (5-0) recommended approval of the Land Use Code amendments related to urban agriculture during its March 21, 2013 meeting (Attachment 4). The Economic Advisory Commission unanimously (9-0) recommended approval of the Land Use Code amendments during its April 17, 2013 meeting (Attachment 5). The Natural Resources Advisory Board unanimously (7-0) recommended approval of the Land Use Code and City Code amendments related to urban agriculture during its May 15, 2013 meeting (Attachments 6 and 7). Staff also met with the Landmark Preservation Commission (Aug 2012), the Fort Collins Housing Authority Development Committee (Aug 2012), the Parks and Recreation Advisory Board (Sept 2012), and the Senior Advisory Board (Sept 2012). All boards expressed general support for the changes. PUBLIC OUTREACH On July 2, 2012, the urban agriculture public engagement plan was submitted to Council. Extensive public outreach, including a project website, online survey (611 responses), public open house (95 attendees), several focus group discussions with local farmers, Homeowners Associations, the Larimer County Humane Society, and discussions with six City Boards and Commissions occurred since the project was initiated (in accordance with the Project’s Public Engagement Plan). Staff also benchmarked existing City regulations with other similar communities, including Austin, Portland, Seattle, Steamboat Springs, Denver, and Wheat Ridge. The attachments related to these outreach efforts were provided to Council during its May 14, 2013 Work Session (available at the project website at http://fcgov.com/urbanagriculture). “ Lindsay Ex, Senior Environmental Planner, stated the goal of this item is to ensure City regulations support urban agriculture land uses and better align with City Plan. She discussed the three objectives of the Plan: create a licensing system that allows urban agriculture to occur in all zone districts throughout the City; better align the Land Use Code by allowing farmer’s markets in additional zone districts; and allow duck hens in addition to chicken hens, update to beekeeping regulations, and to address the question of whether or not to allow goats within city limits. Dennis Stenson, Happy Heart Farm, 2820 West Elizabeth, supported the Ordinances and commented on the growth of the Fort Collins local farming industry. Janice Lynne, 218 South Washington, supported the Ordinances and supported allowing goats within city limits. Sherry Due, 2424 Sheffield Circle East, supported the Ordinances and supported allowing goats within city limits. 191 July 2, 2013 Tom Hoehn, 218 South Washington, supported the Ordinances and supported allowing goats within city limits. Andrea Musselman, 717 Scenic Drive, opposed allowing roosters within city limits. Gerry Becker, Fort Collins resident, supported the Ordinances and supported allowing goats within city limits. Loya Lehnert, 901 Scenic Drive, questioned the regulations regarding Urban Estate zoning. Mike Pruznick, 636 Castle Ridge Court, supported the Ordinances and supported allowing goats within city limits. David Walters, Larimer County resident, supported allowing goats within city limits. Pam Stevens, Fort Collins resident, supported the Ordinances and supported allowing goats within city limits. Dr. Nancy Irlbeck, Wellington resident, supported the Ordinances but expressed concern regarding animal welfare. She opposed allowing goats within city limits. Kristy Pabilonia, DVM, 615 Wood Street, stated a document in which she was cited is incorrect and discussed health concerns regarding consuming raw milk. Dr. Adrienne LeBailey, Larimer County Department of Health and Environment Director, expressed concern regarding Q fever with regard to allowing goats within city limits. John Anderson, Fort Collins resident, supported additional debate on the topic and encouraged Council to adopt the Ordinances on First Reading. He questioned the accuracy of the Health Department’s statements. Cheryl Distaso, Fort Collins Community Action Network, thanked staff for work and transparency on the topic and supported the Ordinances, including allowing goats within city limits. Mayor Weitkunat requested information regarding roosters in the Urban Estates zone. Ex replied there are some zone districts which do allow farm animals and noise complaints would be addressed through the City’s nuisance codes. Beyond horses, there are no specific regulations for keeping farm animals in those zone districts at this time. Bill Porter, Animal Control, replied roosters are permitted in Urban Estate areas and noise complaints are processed through the animal disturbance code. Councilmember Cunniff asked about reduced aggression in altered male goats. Ex replied it is consistent for other communities to allow altered male goats. Councilmember Cunniff asked whether active on-site breeding would occur. Ex replied in the negative but stated birthing could occur on-site. 192 July 2, 2013 Councilmember Cunniff asked whether roosters and drakes would be allowed in other zone districts. Ex replied in the negative. Dr. Irlbeck stated males need to be altered when they are young in order to reduce aggressive behavior. Councilmember Overbeck asked about the cost of altering a goat. Ms. Irlbeck replied the cost is minimal if done when the goat is young and is up to two hundred dollars when older. Councilmember Troxell asked when existing City mowing codes would go into effect, should a garden not be maintained. Ex replied all of the urban agricultural land uses are required to be kept up in accordance with Chapter 20 of the Municipal Code. She noted compliance is always the first goal of the City. Councilmember Troxell asked about the public process involved regarding livestock. Ex replied the Code is currently written to inform neighbors should the individual want to keep a goat and to reduce the setback to less than fifteen feet. Mayor Pro Tem Horak requested information regarding other cities in which goats are allowed. Ex replied there has never been an incidence of a Q fever outbreak in similarly-sized cities allowing goats. Dr. LeBailey replied the bacteria that cause Q fever is considered ubiquitous throughout the world and a large outbreak is typically required prior to recognition of an issue. Councilmember Cunniff requested a comparison of actuarial risks of Q fever to toxioplasmosis, hook worm, or e. coli. Dr. LeBailey replied e. coli does not travel through the air. Mayor Weitkunat stated the Ordinance references a requirement for education and inspections regarding goat keeping and asked where the resources will be found for such programs. Ex replied staff is proposing a way to offset the additional resources through a separate goat license. She noted Dr. Irlbeck has offered to train Humane Society staff to complete pre-inspections to ensure animal welfare concerns are addressed. Mayor Weitkunat asked if follow-up inspections are planned. Ex replied follow-up inspections would occur only if there is a complaint issued. Mr. Porter stated staff is not anticipating a large number of individuals requesting the goat license. Councilmember Overbeck asked about the licensing fee of $35 for poultry. Mr. Porter replied it is currently $35 for a lifetime poultry license and the proposal is the same for goat licenses. Councilmember Overbeck asked if other communities allowing goats have developed classes. Ex replied she was unsure of another community requiring classes, but communities do provide many informational materials. Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 096, 2013, on First Reading. Councilmember Cunniff supported the Ordinance and commended staff on work on the item. 193 July 2, 2013 The vote on the motion was as follows: Yeas: Horak, Weitkunat, Poppaw, Troxell, Overbeck, Cunniff and Campana. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 097, 2013, Option 2, on First Reading. Councilmember Cunniff noted disease is always a risk and suggested the issue could be addressed with the educational component. Councilmember Troxell expressed concern regarding the airborne disease aspect of allowing goats. He stated he could support the item if a review would occur after two years. Councilmembers Cunniff and Poppaw accepted the review requirement as a friendly amendment. Councilmember Poppaw requested regular updates within the two-year time period, as well. Mayor Weitkunat asked about the possibility of limiting goats to only females. Dr. Regan Adams, CSU Extension DVM, stated two goats are recommended because they are herd animals. If milk is the desired use, the goat must have babies. Councilmember Troxell requested opinions regarding information to be collected during the two- year period. Dr. Adams noted there is a concern regarding the soil of land that has been used for goats; that issue would not be resolved with a trial period. Councilmember Poppaw encouraged the implementation of a comprehensive educational program. City Attorney Roy clarified the Ordinance is written such that it would not allow goats to be raised for slaughter, either on or off-site. Should Council have a different intention, it would need to be addressed at Second Reading. Mayor Weitkunat expressed concern regarding the health and safety of the community. The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw and Horak. Nays: Weitkunat, Campana and Troxell. THE MOTION CARRIED. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Ordinance No. 082, 2013, Appropriating Prior Year Reserves in the General Fund to Be Used for Operation of the Sister Mary Alice Murphy Center of Hope, Adopted on Second Reading The following is the staff memorandum for this item. 194 July 2, 2013 “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on June 11, 2013, by a vote of 5-2 (nays: Cunniff, Poppaw), appropriates funding in the amount of $45,000 for the operation of the Sister Mary Alice Murphy Center of Hope, from January to July, 2013 (six months). Other funding partners include United Way ($58,000), Bohemian Foundation ($45,000) and Serve 6.8 ($35,000). The Murphy Center, located at 242 Conifer Street, is the one-stop center in Fort Collins for homeless and near homeless persons. The operation of the Center is an important component in the community’s network of housing and complimentary services so that homelessness is rare, short-lived and non- recurring in Fort Collins. At Council’s direction on First Reading, a new Section was added to the Ordinance, affirming that the provision of funds serves an important public purpose.” Bruce Hendee, Chief Sustainability Officer, briefly discussed the item. Councilmember Poppaw stated this issue is not about the Murphy Center, but rather about backfilling reserves for the United Way, which is rather unorthodox for the City to do. Mike Pruznick, 636 Castle Ridge Court, supported the Ordinance as United Way has done much to support the Center which provides a great deal of community benefit. Councilmember Cunniff requested clarification regarding whether the Center was in danger of closing at the time this request came forward. Hendee replied there was a perception at the time the request came forward that the Center was in danger of closing. Councilmember Cunniff asked why the United Way budget included funds for operation of the Center. Councilmember Poppaw replied the approved 2012-2013 United Way budget had a fiscal year ending on June 30, 3013. The budget states that the Murphy Center program was funded at $469,071 plus additional donor-directed dollars. Councilmember Poppaw expressed concern regarding this item not going through the CDBG process and noted the same amount of money allocated to the Fort Collins Housing Authority could keep six families from homelessness. Gordan Thibedeau, United Way Executive Director, stated the program budget is put together based on program income. He went on to discuss the $180,000 deficit in grant receipts. Councilmember Cunniff asked what $45,000 will be used for at this point. Mr. Thibedeau replied United Way had a net loss of assets in that amount and noted much of United Way funding comes in the form of pledges. The $45,000 will be pushed forward to support the community in this fiscal year. Councilmember Poppaw commended the decision to push the dollars forward and asked about the reserve position of the organization. Mr. Thibedeau replied the organization has six months of operating reserves. 195 July 2, 2013 Councilmember Poppaw expressed process concerns and stated she would not support the Ordinance. Mayor Weitkunat stated she views this as finishing the loan that was given to the Murphy Center to operate and four entities have committed those funds. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 082, 2013, on Second Reading. Yeas: Weitkunat, Horak, Campana and Troxell. Nays: Poppaw, Cunniff and Overbeck. THE MOTION CARRIED. Ordinance No. 084, 2013 Authorizing the Conveyance of Four Easements, a Temporary Construction Easement and a Revocable Permit on City Right-of-Way and City-Owned Property to Linden Bridges LLC for the Encompass-River District Block One Mixed Use Development, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY Encompass – River District Block One Mixed Use Development is a mixed use development at 418 Linden Street consisting of office space, residential space and a restaurant. The property is owned by Linden Bridges LLC. This Ordinance, unanimously adopted on First Reading on June 4, 2013, authorizes the conveyance of several easements that are required for this project for improvements in the right-of-way, bank stabilization and River enhancement, drainage and landscape areas. At Council direction on First Reading, two alternatives for fees for the other proposed easements are provided. BACKGROUND / DISCUSSION Due to questions and concerns raised by Council at the June 4 meeting regarding the easements for the work along the Poudre River, additional information is being provided. The current condition of the City-owned property does not meet City’s vision for the Poudre River. The River bank is nearly vertical with a slope of 2:1; the landscaping is all non-native and is in poor condition. In addition there is quite a bit of old concrete lining the banks. In this condition, the City’s property is not providing a high value habitat. Attachment 2 is a photo showing the existing conditions. The improvements planned by the Developer and approved by the City will provide many benefits to the City. The proposed bank is laid back, with proposed slopes that range from a 2:1 to a 4:1 ratio, which is superior to the current near vertical slope. All the dumped concrete will be removed. All the non-native vegetation will be replaced with native landscaping. Planning staff diligently worked with the Developer to ensure that the landscaping along the river bank and in the buffer area will provide a continuous shrub and tree cover with a sense of enclosure for pedestrians traveling along the proposed pathway. In the finished state, this area will exceed the vision of the 196 July 2, 2013 City, as established by the Poudre River Enhancement Plan, which is an addendum to the Poudre Master Drainage Plan. Details of these improvements are provided in Attachment 3. Along with constructing these new improvements, the Developer will be permanently responsible for all maintenance, with the exception of the scour maintenance of the Linden Street Bridge. Compensation for Easements Staff recommends that the Developer pay $13,449 for the encroachment easements, or the approved policy amount, whichever is less. This amount is not due until the policy is adopted or December 31, 2013. At Council direction, two alternatives for fees for the other proposed easements are provided. • Alternative A Since the value of the enhanced improvements being provided by the Developer exceed the monetary value of the easements, the easement of $17,675 is waived. • Alternative B The Developer will pay the City the total value of the other Easements on City-owned Property, which is $17,675.” Helen Matson, Real Estate Services Manager, discussed the easements and stated staff recommends the developer not pay for the encroachment easements. Bruce Hendee, Chief Sustainability Officer, showed slides and renderings of the area and discussed the plan for the retaining walls and plantings. Matson discussed the two alternatives for easement compensation: Alternative A waives the easement fee of $17,675, and Alternative B requires the developer to pay the City the entire value of the easements on City-owned property. She stated staff recommends Alternative A. Jared Huwa, BHA Design, stated the opinion of the developer is that it is unfair to ask Block One to pay an easement fee for any portion of the City-funded riverbank work. He discussed the developments being created by Block One which are encouraged by City Code. Mike Pruznick, 636 Castle Ridge Court, supported Alternative B but stated he would prefer to have no easements granted at all. Councilmember Cunniff asked about the possibility of the City developing the area. Hendee replied the City’s plan is for a development almost identical to that being proposed. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 084, 2013, Alternative A, on Second Reading. 197 July 2, 2013 Councilmember Cunniff stated he would not support the motion as he would prefer Alternative B, with perhaps a higher valuation. Councilmember Troxell stated this motion sensibly addresses the project put forth by the developer in partnership with the City. Councilmember Campana stated the land in question is undevelopable; therefore, it is difficult to place a value on it. Mayor Pro Tem Horak noted the current condition of the area is less than desirable and holds little habitat value. He stated the proposed development will improve the area. Councilmember Poppaw stated the land would be worth a great deal should it be sold by private industry and stated the City should value its property more. Mayor Pro Tem Horak noted this is a value for an easement, not a purchase. Councilmember Cunniff argued a higher price should be placed on the property. Councilmember Campana stated restoration in the area needs to occur. The vote on the motion was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays: Poppaw, Overbeck and Cunniff. THE MOTION CARRIED. Resolution 2013-061 Approving the Harmony Road Enhanced Travel Corridor Alternatives Analysis: Final Report, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The Harmony Road Enhanced Travel Corridor (ETC) Alternatives Analysis Final Report is the culmination of an 18-month effort. This study has included in-depth review of existing conditions and a comprehensive development of a variety of alternatives, ultimately resulting in recommendations for improved roadway, bicycle, pedestrian and transit facilities for Harmony Road. The study was conducted with extensive public input and feedback; the Final Report is a reflection of guidance from the community on the preferred future for Harmony Road. The draft Final Report, along with all the technical appendices, is available for review at www.fcgov.com/harmony. BACKGROUND/ DISCUSSION This planning effort began in December 2011, culminating with City Council considering approval on July 2, 2013. The Harmony Road ETC Alternatives Analysis is a direct outcome of a near-term 198 July 2, 2013 action item in Plan Fort Collins/ Transportation Master Plan, adopted by City Council in February 2011. This Harmony Road ETC Master Plan is also part of the City Council work plan. Funding for this project was approved by City Council from the voter-approved Keep Fort Collins Great funds for the 2011-12 budget cycle. The purpose of the Harmony Road ETC Master Plan is to augment and update existing transportation plans for the Harmony Corridor and to document the transportation, land use, environmental, economic, and social needs of the corridor and to determine the most appropriate corridor configuration. Enhanced Travel Corridors (ETCs) provide connections between major activity centers like downtown, CSU, Midtown, employment centers, shopping destinations, and neighborhoods. While ETCs share this similar purpose, each individual corridor will have a different, unique way to provide those connections. In some corridors, ETCs may focus on enhancing travel time through the corridor to connect primary destinations (Mountain Vista Corridor and Timberline Corridor), while other ETCs may focus on enhancing infill and redevelopment along the corridor (Mason Corridor and Harmony Corridor). The boundary of this corridor plan is Harmony Road from Interstate 25 (I-25) to Shields Street, as shown in Attachment 1. An influence area one mile on either side of Harmony Road was used for understanding land use, socioeconomic, and other contextual factors that influence the Harmony Road corridor. The Harmony ETC addressed, at a minimum, the following items (presented in no particular order): • Provide mobility and improved safety to/from Fort Collins via this important regional gateway; • Create an updated master plan that supports multiple modes of safe, affordable, easy, and convenient travel to ensure mobility for people of all ages and abilities; • Recommend improvements to support local goals of integrating land-use and transportation planning, with economic development and environmental stewardship; • Address regional connectivity between the City of Fort Collins and regional neighbors and the I-25 corridor; • Link major employment, education, medical campus/offices, commercial, entertainment, and residential areas within southeast Fort Collins; • Provide connectivity to the Mason Corridor, the future enhanced Timberline Corridor and the regional transportation system; • Collaborate among City staff, private sector, and surrounding communities; • Seek citizen input to help develop transportation design options, identify funding and build partnerships; and • Create an updated master plan that supports sustainability to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. • Address the appearance, urban form, and the long term maintenance needs of the corridor. Existing and Future Conditions The findings of the review of existing and future travel conditions for the Harmony Corridor can be summarized as follows: 199 July 2, 2013 • Harmony Corridor as we know it today is the result of numerous plans and programs throughout the years, as well as a result of serving as Colorado State Highway 68 for nearly forty years. • Harmony Road serves as both local commercial and residential land uses within the Harmony Corridor, but also serves as an important regional connection to I-25 with significant thru traffic. • Harmony Road is a wide six-lane facility (currently and planned) with large landscaped setbacks and informal tree plantings creating campus-style settings as envisioned in the 1991 "Harmony Corridor Plan" (last amended in 2006). • Street design elements, such as medians, street lights and plantings have been inconsistent along the corridor, with some of the corridor still maintaining a rural character. • Most of Harmony Road does not incorporate any stormwater quality treatment mitigation as currently required since it was largely constructed before these regulations went into effect. Stormwater issues are currently not being address in a systematic way on Harmony Road. • Traffic volumes are some of the highest in the City (just after College Avenue) ranging from over 19,000 to almost 46,000 vehicles per day depending on location. • Harmony Road has two intersections (Timberline and Lemay) with the highest crash totals in the City. • The type of crashes occurring include, rear-end crashes, sideswipes, and in certain locations bicycle-related crashes and crashes involving signs. • Bus service is provided by three routes (route 1, 16, and 17) with average daily ridership of 1,149 for Route 1, 277 for Route 16 and 158 for Route 17. • The design of much of Harmony Road makes the provision of safe, convenient, and efficient transit service challenging due to long distances between signalized intersections, lack of sidewalk connections to land uses, the lack of curb and gutter, and some physical barriers like drainage ditches. • Harmony Road has six- to ten-foot bike lanes on both sides of the street from I-25 through the Shields Street intersection, with a direct connection to the Mason Trail. • Sidewalks currently exist along the vast majority of the corridor, and most sections of the sidewalk are detached from the roadway. • As a result of indirect pedestrian connections, limited and long distances between signalized street crossings, large setbacks, rights-of-way and some physical barriers like drainage ditches, crossing Harmony Road as a pedestrian is challenging. 200 July 2, 2013 • The corridor is adjacent to some potential historic resources, park and recreation facilities. Any future improvements, must consider air quality or other environmental impacts, as well as impacts to the above mentioned facilities. • Employment and households are going to grow within the Harmony Road corridor area in the future. • Automobile traffic will also grow and congestion will increase along the entire corridor in the future. This growth in traffic is due in part to Harmony’s role as a regional connector and a primary gateway in and out of the southern part of the community. • Harmony Road is identified as an important regional transit connection in the future, as well. Alternatives Development The development of the Harmony ETC Master Plan included the definition, screening, and evaluation of alternatives with the ultimate recommendation of one alternative as the Locally Preferred Alternative (LPA). Alternatives were evaluated based on their ability to meet the project’s Vision and Purpose and Need, environmental impacts, and comparative costs. Screening criteria included a combination of quantitative and qualitative measures directly tied to the Project Vision/Goals and Objectives. Figure 1 shows the alternative development process. Tier 1 alternatives were developed based on information from the Corridor Understanding, the established goals and objectives and public input. Tier 1 alternatives were intended to be broad and capture a wide range of ideas. The range of Tier 1 alternatives included: • No action, keep conditions as currently exist • Enhance the current bus service within the existing roadway • Convert the outside travel lane into a Bus Rapid Transit (BRT) lane, taking away one automobile travel lane in each direction. • Construct a BRT lane within the median, requiring the loss of one automobile travel lane in each direction • Turn the outside travel lane into a BRT lane combined with a High Occupancy Vehicle lane, taking away one automobile travel lane in each direction. • Add a BRT lane to the outside of the existing roadway, widening the corridor and keeping three automobile travel lanes in each direction. • Add a BRT lane within the median but widening the entire corridor to keep three automobile travel lanes in each direction. • Combine the above transit and roadway improvements with bike lanes, shared use paths or protected bicycle facilities like a buffered bike lane. • Combine any of the alternatives with bicycle/pedestrian overpasses or underpasses at strategic locations. • Combine any of the alternatives with intersection improvements. The Tier 2 evaluation process involved a detailed and quantitative comparison between corridor alternatives and against the No Action Alternative. Interdepartmental and agency coordination, as well as public involvement, played a major role in this process. The Technical Advisory Committee 201 July 2, 2013 (TAC) was involved in each step of the evaluation process, as well as during the development and refinement of the LPA. Locally Preferred Alternative The Locally Preferred Alternative (LPA) for the Harmony Road Enhanced Travel Corridor (ETC), extending from Shields Street to I-25, includes a series of multimodal transportation improvements to address the project Purpose and Need, which is: The purpose of the project is to implement multi-modal transportation improvements that enhance mobility and safety along the Harmony Road Corridor. Improvements will support local and regional travel needs, land uses, economic health and environmental stewardship goals Roadway Improvements The LPA includes raised, landscaped medians the full length of corridor. The LPA includes widening the final section of Harmony to six lanes from Boardwalk Avenue to College Avenue. The ultimate widening of Timberline to six lanes from Harmony north is also included. Additionally several intersection improvements were identified to address future operational deficiencies, these include: • Dual protected north and southbound left turn lanes at Boardwalk and Harmony • Channelized southbound to westbound free right at Timberline and Harmony • East and northbound right turn lanes at Ziegler Road and Harmony • Channelized westbound to northbound free right at Ziegler Road and Harmony • Eastbound right turn lane at Lady Moon and Harmony Transit Improvements The transit aspect of the LPA includes Express Bus along Harmony Road between the Harmony Transfer Center and the South Transit Center. The bus would travel in the general purpose lanes along the extent of the route except where queue jumps are provided. Queue jumps are dedicated lanes at the intersections allowing a bus to maneuver around the main stack of traffic so that when the signal light turns green the bus is at the front of the queue. The LPA includes queue jumps at three intersections along Harmony Road at Lemay Avenue, Timberline Road, and Ziegler. Service along Harmony would operate every 20 minutes in the peak period and 30 minutes in the off peak periods, with stops provided approximately every 1/2 mile (locations to be determined through the LPA refinement process). Transit service along Harmony Road between Front Range Community College and College Avenue would be provided by the Route 19. Bicycle Improvements The LPA includes enhancements to the existing bicycle lanes, including green colored pavement on the bike lanes for the full length of the corridor, and a striped buffer between the bike lane and the adjacent travel lane from College Avenue east to I-25. Additionally, many of the sidewalks parallel to Harmony Road have been built as multi-use paths that are 8 to10 feet wide. Staff recommends 202 July 2, 2013 that this parallel system be extended along the length of Harmony Road, to facilitate travel by bicyclists who do not feel comfortable riding on the street. Pedestrian Improvements The existing meandering sidewalk will be retained on both sides of Harmony, with completion of the few missing segments. The LPA also includes enhancements to bicycle and pedestrian crossing (both at-grade and grade separated). Key grade separations that have been identified as high priority are at the crossing of the Power Trail and the crossing of the Mason Trail. FINANCIAL / ECONOMIC IMPACTS The cost of the LPA for Harmony Road, which includes all modes and all recommendations, is approximately $53 million. Certain project elements may be installed in phases over several segments, without completing all design elements in that segment. Project costs are summarized below in the four main travel mode categories: 1. Roadway: $16.8 million (includes design and construction) 2. Transit: $17.7 million (includes design, construction and buses) 3. Bike: $248,200 (includes design and striping) 4. Pedestrian: $18.1 million (includes design, construction and grade separations) Staff will pursue potential local, regional, state, and federal funding opportunities to complete these important, long-term investments for Harmony Road. ENVIRONMENTAL IMPACTS A cursory level environmental inventory of existing conditions and a preliminary assessment of the project impacts was conducted for the for the Harmony Road ETC study area. The level of analysis performed for this project is commensurate with the requirements of the Federal Transit Administration (FTA) for Alternatives Analysis. The LPA is expected to increase total miles of travel in the corridor by approximately 5 percent over No Action, but to the positive, corridor crossing time would decrease by approximately 13 percent and average corridor vehicle speeds would increase by approximately 17 percent. These improvements should reduce tailpipe emissions on the whole. Transit ridership is expected to increase from about 600 daily boardings currently to over 2,000 estimated daily boardings. The improved transit, bicycle facilities and pedestrian facilities will result in a mode shift. On Harmony Road, with a projected 50,000 vehicles per day even a small shift away from an auto trip can make a big difference. For every 1% (or 500 trips) shifted from a car to transit, bicycling or walking on a daily basis, that adds up to over 900,000 vehicle miles saved over a year (based on an average 5 mile trip). BOARD / COMMISSION RECOMMENDATION Staff presented information related to the Harmony Road ETC to the following boards: 203 July 2, 2013 Transportation Board: July 18, 2012; March 20, 2013; June 19, 2013. At its June 19, 2013 meeting, the Transportation Board voted unanimously to recommend approval of the Plan. Bicycle Advisory Committee: July 9, 2012; May 6, 2013. The Committee generally supported the recommendations of the LPA and viewed the buffered bike lanes as an improvement over the existing bike lanes. Planning and Zoning Board Work Session: May 10, 2013. The Planning and Zoning Board generally supported the recommendations of the LPA. Air Quality Advisory Board: May 20, 2013. The Air Quality Advisory Board had numerous questions about the impact of the project on air quality. On one hand the Board felt improving traffic flow had the most potential to improve mobile emissions, while there was also a strong advocacy for increasing mode shift to transit, bicycling and walking to reduce vehicle miles traveled. The Board agreed to provide a brief, bulleted document with ideas regarding air quality issues in this project. City Council Work Session: October 23, 2012 PUBLIC OUTREACH The project team sought comments and input on the key tasks throughout the life of the project. See Attachment 2 for a list of the outreach completed during the project. Technical Advisory Committee This process included on-going coordination among multiple City departments, and various interested community and corridor stakeholders in the form of a Technical Advisory Committee (TAC). The TAC met six times over the course of the project providing guidance and feedback at key decision points. The TAC helped guide the development of the alternatives, vetted the recommendations which ultimately became the Locally Preferred Alternative presented in the Final Report. Public Meetings and Outreach Public meetings were held on May 3, 2012, September 13, 2012, and May 1, 2013 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. “ Mark Jackson, Deputy Director of Planning, Development, and Transportation, discussed the importance of Harmony Road and stated this study addresses improving mobility and safety along the Harmony Road corridor for all users. Aaron Iverson, Senior Transportation Planner, discussed the transit needs of the Harmony Road corridor and showed slides relevant to the issue. He discussed the suggested improvements for each transportation mode. 204 July 2, 2013 Mike Pruznick, 636 Castle Ridge Court, discussed the proposed buffered bike lanes and stated they will not improve bicycle safety along Harmony Road. Eric Sutherland, 3520 Golden Currant, discussed transportation costs and stated the City needs to increase its support of Transfort. Councilmember Troxell noted the enhanced median and Art in Public Places features of West Harmony Road were never completed. He asked if West Harmony is being addressed other than in the initial scope of the study. Iverson replied there are recommendations for Harmony west of College, including landscaped medians from College to Shields. Councilmember Troxell requested information about traffic flow relating to the area around the MAX crossing. Iverson replied the pedestrian overpass or underpass will be key to part of that issue. Jackson clarified the traffic will need to stop only to allow the bus rapid transit vehicle to pass. Iverson noted the sidewalks will be increased to multi-use size throughout the corridor to allow multi-modal travel. Councilmember Troxell suggested potential grade separation for bike lanes. Iverson replied the issue could be considered. Jackson noted this plan makes greater use of the Harmony transfer center at I-25, as well as the new transit center at the southern terminus of MAX. Councilmember Campana asked if speeds were reviewed as part of this item. Iverson replied the calculation of speed limits is quite complicated and stated the speeds will likely decrease as the road begins to function more as a city road than a state highway. Councilmember Campana asked if additional input could have been received from boards. Iverson replied he spoke to the Planning and Zoning Board at two work sessions, for which minutes are not kept. He stated members were generally supportive. He stated the Bicycle Advisory Committee was surprisingly quiet about the issue. Councilmember Campana asked if a Transit Oriented Development Overlay District is slated for Harmony. Iverson replied that is a possibility and further study will be completed. Councilmember Campana requested information regarding the Harmony/I-25 gateway interchange. City Manager Atteberry replied he would gather additional information from Bruce Hendee. Councilmember Cunniff asked if approval of this item would lead to funding sources being sought. Jackson replied in the affirmative and noted Council would receive notification and approve any type of funding. Councilmember Cunniff asked if any analysis of the actual returns of demographics on the survey were completed. Iverson replied there were no specific analyses were completed; demographic and income data was simply collected and reported. 205 July 2, 2013 Councilmember Cunniff asked if there was any type of prioritization for the improvements. Iverson replied staff has some suggested implementation tactics, dependent upon funding and other variables. Councilmember Overbeck commended the bicycle overpass idea and asked about the triple bottom line process. Iverson replied all planning projects attempt to address the three elements: economic, social, and environmental. For this project’s economic aspects, this corridor is still developable and is one of the city’s key commercial corridors. In terms of social gains, this project will make the area more livable. Councilmember Overbeck asked if carbon reduction has been considered. Iverson replied it would be difficult to place an exact number on vehicle miles traveled savings. Councilmember Overbeck questioned the positive impact on environmental issues given a projected increase in traffic. Mayor Weitkunat noted this adoption would approve the final analysis of the report for the enhanced travel corridor. She asked how variable the plan can be in the future. Jackson replied this plan can be quite variable, particularly given the nature of many of the improvements being identified and the flexibility required by funding opportunities. Mayor Weitkunat noted this was formerly a state highway and was meant to handle traffic in and out of the city. Jackson stated there is a tremendous regional impact to the traffic patterns on Harmony. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-061. Councilmember Campana stated this report could be more robust in looking at alternative modes and environmental and social gains. He suggested additional work on the narrative in these areas. Councilmember Overbeck stated he was unsure of his vote as he would like to see additional information regarding the triple bottom line within the plan. Councilmember Campana stated he would support the addition of a memo at a later date to address those issues. Councilmember Cunniff agreed the plan is close and an addendum with a triple bottom line analysis would be beneficial. Jackson assured Council an addendum would be forthcoming. The vote on the motion was as follows: Yeas: Cunniff, Poppaw, Horak, Weitkunat, Campana and Troxell. Nays: Overbeck. THE MOTION CARRIED. 206 July 2, 2013 Other Business Councilmember Campana noted there is a $60 Q fever test available for pregnant goats, which could possibly be included in regulations. Mayor Weitkunat requested that staff look into the animal noise issues in the Urban Estate zone district. Adjournment The meeting adjourned at 11:04 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 207 July 16, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 16, 2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry stated Item No. 14, Items Relating to the Completion of the 2013 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 (HSP) has a revised Resolution and noted the item is a public hearing. City Manager Atteberry stated Item No. 22, Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins-Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study includes an amended Resolution. City Attorney Roy read changes to the Ordinance in Item No. 12, Second Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. Citizen Participation Mel Hilgenberg, 172 North College, discussed upcoming city events and urged Council to further review its tax increment financing policies Bill Mawhinney commended City Clerk Nelson for her professionalism and accused Larimer County officials of corruption. Audrey Macklin, Project Self Sufficiency, thanked Council and the Human Services Commission for renewing the organization’s CDBG grant. She discussed the highlights of the program. George Meyer presented Council with a handout. Tom Tonoli, Project Self Sufficiency Boardmember, thanked Council and staff for renewing the organization’s CDBG grant. 208 July 16, 2013 Joanne Vandewalle, Elderhaus, thanked Council and the CDBG commission for CDBG assistance. Linda Preston, Base Camp Executive Director, thanked Council and the CDBG Commission for CDBG assistance. Stacy Lynne, 305 West Magnolia, discussed the City’s involvement in her son’s custody case. LeAnn Garfield Massey, Respite Care Executive Director, thanked Council and the CDBG Commission for CDBG assistance. Steve Bifield discussed rights of individuals with regard to free speech. Nancy Jackson, Disabled Resource Services Executive Director, thanked the CDBG Commission for its funding recommendation. Bill Reinky, CARE Housing Executive Director, thanked the CDBG Commission for its funding recommendation. John Weins, Larimer County resident, discussed individual liberty. Tom Nichol, Larimer County resident, stated Councilmembers should respect speakers. Val Macri-Lind, Child Safe Executive Director, thanked the CDBG Commission for its funding recommendation and commended the staff in the Social Sustainability Department. Eric Sutherland, 3520 Golden Currant, stated Council is under no obligation to loan tax payer funds to the Urban Renewal Authority for obligations the URA may have to Capstone Development Corporation. Clink Skutchan, Fort Collins Board of Realtors CEO, discussed disbursements for the organization’s Protecting Our Housing Future campaign. Chris Fine, Touchstone Health Partners, thanked the Council and the CDBG Commission for its funding recommendation. Debbie Carroll discussed abuse of the custody system. Mary Tuneberg discussed Stacy Lynne’s son’s custody case. Citizen Participation Follow-up Councilmember Poppaw thanked the recipients of CDBG funding who spoke. CONSENT CALENDAR 6. Second Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. 209 July 16, 2013 This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates federal grant monies received from the Office of National Drug Control Policy and the Department of Justice to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset operating expenses for each participating agency. The Northern Colorado Drug Task Force currently includes Fort Collins Police Services, the Loveland Police Department, and Colorado Adult Parole. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 7. Second Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates medical marijuana application and licensing fees to fund the services provided by a contractual Medical Marijuana Licensing Authority. 8. Second Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on July 2, 2013, appropriates $100,000 split evenly between Stormwater Reserves and Transportation Reserves for 60 feet of frontage restoration between the Block One area of responsibility and the Linden Street bridge. Reimbursement from the City shall be limited to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for reimbursement include design, a conditional letter of map revision (CLOMR) and construction costs. 9. Items Relating to Natural Area Appropriations. A. Second Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. Second Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. Ordinance No. 090, 2013, appropriates previously appropriated funds for the purpose of land conservation, construction of public improvements, restoration of wildlife habitat and other 210 July 16, 2013 natural area program needs to benefit the citizens of Fort Collins. Natural Areas has received unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number of land conservation efforts. This Ordinance appropriates $7,310,000: $5,380,000 from prior year reserves and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose of providing Natural Areas Programming not included in the 2013 budget. Ordinance No. 091, 2013, appropriates $1,420,000 from prior year reserves in the Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing a new Natural Areas Office building. Both Ordinances were unanimously adopted on First Reading on July 2, 2013. 10. Second Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. This Ordinance, unanimously adopted on First Reading on July 2, 2013, makes a variety of changes, additions and clarifications in the 2013 annual update of the Land Use Code. 11. Second Reading of Ordinance No. 093, 2013, Amending Chapter 26 of the City Code to Establish User Fees for Public Use Electric Vehicle Charging Stations. This Ordinance, unanimously adopted on First Reading on July 2, 2013, establishes user fee rates for public use electric vehicle charging stations operated through the City’s public electric vehicle (EV) charging station pilot program. These user fees only apply to the public use charging stations owned and operated by the City of Fort Collins Utility Services. The user fees for use of 240 volt “Level 2” charging stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt “Level 3” DC quick charger will be $3.00 per session. These fees are calculated to recover the direct energy and payment processing costs associated with each charging session. While user fees for general fund services can be established administratively by the City Manager, Council must establish all Utility Services rates and fees by ordinance. 12. Second Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. The purpose of this Ordinance, unanimously adopted on First Reading on July 2, 2013, is to amend Ordinance No. 068, 2013,extending the period from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non-Exclusive Utility Easement to Xcel, was adopted in May, and follow-up conversations with Xcel (Public Service Company) require this extension. This easement addresses the location of West Main pipeline at the northwest corner of Harmony Road and Shields Street and provides for the location in the right of way instead of on private property. The City has agreed to pay for any relocation of the approximately 2000 feet of line adjacent to the property that may be necessary in the next twenty years. This is a low-risk option and will be consistent with the location of the pipeline in the 211 July 16, 2013 Shields Street right of way. In order to document this agreement between the City and Xcel, staff is recommending a Non-Exclusive Pipeline Easement within the Shields Street right of way. 13. Items Relating to Appropriations for Woodward Related Public Improvements. A. First Reading of Ordinance No. 098, 2013, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Natural Areas Fund to the Capital Projects Fund for Woodward Related Public Improvements. B. First Reading of Ordinance No. 109, 2013, Waiving the Application of the Art in Public Places Requirements in Article XII of Chapter 23 of the City Code to Improvements Constructed Pursuant to the City’s Agreement with Woodward, Inc., and the Downtown Development Authority Regarding the Link-N-Green Development. Council approved the public improvement portion of the Woodward incentive package in April 2013. The City of Fort Collins agreed to provide assistance for Woodward’s relocation, construction and expansion. The following are the projects to be funded: Transmission Line Relocation $1,297,080 Right-of-Way Improvements 1,750,000 Open Space Improvements 3,500,000 $6,547,000 The projects will be funded through two sources: $6,047,080 from DDA contributions and $500,000 from 2013 appropriations existing in the Natural Areas Fund. Ordinance No. 109, 2013, exempts the right-of-way improvements under the Woodward Agreement from the requirement to contribute 1% to Art in Public Places because the contribution would not be required if the developer were constructing the Improvements and the City’s management of the right-of-way improvement project is being provided as part of the Woodward incentive package. 14. Items Relating to the Completion of the 2013 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 (HSP). A. Public Hearing and Resolution 2013-062 Approving the Programs and Projects That Will Receive Funds from the Federal Community Development Block Grant Program, and the City’s Human Services Program. B. Hearing and First Reading of Ordinance No. 099, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. 212 July 16, 2013 C. Public Hearing and Resolution 2013-063 Approving the Fiscal Year 2013 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 100, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnership Program. Resolution 2013-062 will complete the 2013 spring cycle of the Competitive Process for allocating $1,685,496 in City financial resources to affordable housing projects, public facility activities, public service programs and administration of the program that will receive funding beginning October 1, 2013. Ordinance No. 099, 2013 appropriates the City’s FY 2013 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2013-063 establishes the major funding categories within the HOME Program for the FY 2013 program year, which also starts on October 1, 2013. Specific projects for the use of HOME funds will be determined in November as a result of the 2013 fall cycle of the Competitive Process. Ordinance No. 100, 2013 appropriates the City’s FY 2013 HOME Participating Jurisdiction Grant from HUD. 15. First Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election. This Ordinance calls a Special Municipal Election to be held in conjunction with the November 5, 2013 Larimer County Coordinated Election, and preserves the opportunity for Council to place initiated or referred issues on the November ballot. If Council decides to place any measures on the ballot it would need to do so no later than at its August 20 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 4) to certify ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit a specific measure to the November 5, 2013 ballot. However, a group of citizens is currently circulating an initiative petition relating to a moratorium on the use of hydraulic fracturing. The deadline to submit the petition to the City Clerk’s Office is August 5, 2013. Adoption of this Ordinance is a required step in preserving the option for City Council to submit the initiated ordinance, and/or any other ballot measures that Council may desire, at the November 5, 2013 Coordinated Election. 16. Items Relating to the Residential Parking Permit Program. A. First Reading of Ordinance No. 102, 2013, Establishing a Residential Parking Permit Zone Program. B. First Reading of Ordinance No. 103, 2013, Amending Various Provisions of the Fort Collins Traffic Code. The purpose of this item is to authorize the City Manager or a designee to implement residential parking permit programs in neighborhoods with parking problems. 213 July 16, 2013 City staff will develop administrative procedures for the program by working with neighborhoods and residents. The Traffic Code ordinance is needed to make the program enforceable. This program will be phased in over a two-year period as problem areas are identified and residents request assistance. 17. First Reading of Ordinance No. 104, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This item is a request to expand the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the Plan of Development of the Authority to include a property in the 100 block of West Laurel Street and adjacent right-of-way on South Mason Street and West Laurel Street. The property includes the current location of Ram Bookstore (northeast corner of West Laurel and South Mason Streets). 18. First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. Feeding Our Community Ourselves, Inc. wishes to lease 212 West Laporte Avenue to house a non-profit café with a minimal food processing facility. The total yearly lease payment for the property will be a minimum of $44,688. The term of the lease shall be for one (1) year, with renewals on a yearly basis for up to four (4) successive one-year terms. With this lease, either party will have the option to terminate at any time upon a one (1) year advance written notice to the other party. The tenant will be responsible for the taxes, all utilities, communication services, trash services and janitorial services. 19. First Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right- of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive, platted two lots and dedicated additional right-of-way for Cambridge Avenue (now known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its current alignment with the approval of Harmony Technology Park Second Filing Development Plans on the west side of Cambridge Avenue, which left the portion to be vacated no longer necessary for street purposes. The adjacent property owners have been contacted regarding this vacation and have no objections. All public and private utilities have been notified of the proposed vacation and they report no objections, provided the area is retained as a utility easement. With this Ordinance, the entire area proposed to be vacated will be retained as a utility easement. 214 July 16, 2013 20. Resolution 2013-064 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The purpose of this item is to adopt the recommendations from the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. 21. Items Relating to the Maintenance of Old Town Plaza. A. Resolution 2013-065 Authorizing the City Manager to Execute the 2013 Old Town Plaza Master Agreement with Restrictive Covenants Between the Downtown Development Authority, Progressive Old Town Square, LLC and the City Regarding Maintenance of Old Town Plaza. B. Resolution 2013-066 Authorizing the City Manager to Execute an Intergovernmental Agreement Regarding Maintenance of Old Town Plaza Between the Downtown Development Authority and the City. The purpose of this item is to consider approval of an agreement between the Downtown Development Authority (DDA), Progressive Old Town Square and the City regarding ownership, operation and maintenance of Old Town Plaza and an agreement between the City and the DDA regarding maintenance and repair of the Plaza. Resolution 2013-065 adopts the 2013 Old Town Plaza Master Agreement with Restrictive Covenants (“Master Agreement”), a three party agreement with the City of Fort Collins, the Downtown Development Authority (and Progressive Old Town Square, LLC (“POTS”). The Agreement redefines the parties’ operation and maintenance obligations for Old Town Plaza, defines POTS’ maintenance payments and how they relate to the purchase of the Kiosk at 13 Old Town Square, acknowledges POTS’ pledge to make a financial contribution towards the renovation of the Plaza, addresses the restrictive covenants set forth during the original construction of the Plaza, and further defines the rules and regulations governing Old Town Plaza. Resolution 2013-066 adopts the Intergovernmental Agreement Regarding Maintenance of Old Town Plaza (“IGA”) between the DDA and the City. The Master Agreement will supersede all previous agreements that defined roles for maintenance and repair/replacement of Plaza infrastructure, and because POTS is being removed from their previous role except for a continuing payment obligation, the City and DDA require an agreement to define their continuing responsibilities related to the operation and maintenance of the Plaza. The approval of these two items by Council will complete a chain of approvals that allow the DDA to acquire the Old Town Plaza Kiosk from POTS and begin steps toward the renovation of Old Town Plaza. 215 July 16, 2013 22. Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort Collins-Loveland Water District For Participation in a Joint Regional Water Treatment Solutions Study. Staff proposes to enter into an intergovernmental agreement to fund a joint study to examine options for regional water treatment solutions between the Tri-Districts and the City of Fort Collins. The Fort Collins-Loveland Water District shall be the lead agency entering into the contract with the consultant. The scope of any cooperative solution is strictly limited to creating a business model of receiving raw water, treating it, and returning a finished potable water product to the member entities at a wholesale rate. Options range from remaining independent, additional intergovernmental agreements, combining facilities, or other options to be determined during the investigation phase of the study. Acquisition and control of water rights or raw water storage is not part of this discussion. The utilities would maintain separate control over their raw water and their distribution systems. 23. Resolution 2013-067 Authorizing the Mayor to Sign Additional Intergovernmental Agreements Regarding Funding of Cache La Poudre Watershed Mitigation in Response to the High Park Fire. The purpose of the requested Intergovernmental Agreements is to establish a mechanism to pay for contractor services administered jointly with the City of Greeley and to ensure the City of Fort Collins will receive reimbursement to the extent possible from the Federal government through the EWP funds. Fort Collins submitted to the United States Department of Agriculture, Natural Resources Conservation Service (“NRCS”) an Application for Federal Assistance, seeking NRCS funding for Emergency Watershed Protection (EWP) the City of Fort Collins, City of Greeley, and Larimer County in July 2012. NRCS provided a Notice of Financial Assistance award for initial federal funding through the NRCS Emergency Watershed Protection program in the amount of $7.2 million in February 2013. 24. Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board. This Resolution appoints Karen Weitkunat as liaison to the Planning and Zoning Board, replacing Councilmember Gino Campana. 25. Routine Easement. Easement for construction and maintenance of public utilities from Edwards Real Estate Holdings, LLC, to relocate existing underground electric services at 1201 Juniper. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 6. Second Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. 216 July 16, 2013 7. Second Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the General Fund to Fund the Costs Associated with the Medical Marijuana Licensing Authority. 8. Second Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of Frontage along the Poudre River Owned by the City of Fort Collins. 9. Items Relating to Natural Area Appropriations. A. Second Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2013 Adopted City Budget. B. Second Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital Project Fund for the Natural Areas Office Building Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. 10. Second Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use Code. 11. Second Reading of Ordinance No. 093, 2013, Amending Chapter 26 of the City Code to Establish User Fees for Public Use Electric Vehicle Charging Stations. 12. Second Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to Public Service Company of Colorado, to Increase the Easement Term from Fifteen to Twenty Years. 31. Items Relating to Urban Agriculture. A. Second Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. Second Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II and III of the City Code Related to the Care and Keeping of Animals. Ordinances on First Reading were read by title by City Clerk Nelson. 13. Items Relating to Appropriations for Woodward Related Public Improvements. A. First Reading of Ordinance No. 098, 2013, Appropriating Unanticipated Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing Appropriations from the Natural Areas Fund to the Capital Projects Fund for Woodward Related Public Improvements. 217 July 16, 2013 B. First Reading of Ordinance No. 109, 2013, Waiving the Application of the Art in Public Places Requirements in Article XII of Chapter 23 of the City Code to Improvements Constructed Pursuant to the City’s Agreement with Woodward, Inc., and the Downtown Development Authority Regarding the Link-N-Green Development. 14. Items Relating to the Completion of the 2013 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 (HSP). B. Hearing and First Reading of Ordinance No. 099, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Program. D. Hearing and First Reading of Ordinance No. 100, 2013, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Home Investment Partnership Program. 15. First Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election. 16. Items Relating to the Residential Parking Permit Program. A. First Reading of Ordinance No. 102, 2013, Establishing a Residential Parking Permit Zone Program. B. First Reading of Ordinance No. 103, 2013, Amending Various Provisions of the Fort Collins Traffic Code. 17. First Reading of Ordinance No. 104, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. 18. First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. 19. First Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right- of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. 30. First Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include Additional Regulations for Development in Close Proximity to Oil and Gas Operations. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items on the Consent Calendar. Yeas: Weitkunat, Horak, Cunniff, Poppaw, Troxell, Campana and Overbeck. Nays: none. THE MOTION CARRIED. 218 July 16, 2013 Consent Calendar Follow-up Councilmember Troxell commended Item No. 18, First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years. Staff Reports Diane Jones, Deputy City Manager, introduced Vanessa Fenley, the new Executive Director of the Homeward 2020 initiative. Ms. Fenley discussed her background and goals for the program. Eric Pearson, Colorado Government Association of Information Technology, presented Fort Collins with an award for its Community Performance Dashboard project. Dan Coldiron, Chief Information Officer, accepted the award on behalf of staff and commended Council and City Manager Atteberry for their leadership vision. Councilmember Reports Councilmember Cunniff reported on the Poudre School District/City/County liaison meeting during which Councilmembers met the new Superintendent. Councilmember Poppaw reported on a meeting with the County Commissioners and commended City Manager Atteberry on hiring talented staff. Mayor Weitkunat reported on the Poudre School District/City/County liaison meeting. She noted she was recently elected to the Colorado Municipal League Board of Directors and recently attended its retreat. Items Relating to Oil and Gas Operations The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 106, 2013, 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 of Fort Collins for a Period of Seven (7) Years. OR First Reading Ordinance No. 107, 2013, 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 of Fort Collins until Midnight, December 31, 2013. B. First Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include Additional Regulations for Development in Close Proximity to Oil and Gas Operations. 219 July 16, 2013 The purpose of this item is two-fold: first, to establish a Moratorium on the acceptance and processing of land use applications related to oil and gas until either December of 2013 or for a period of 7 years and second, to establish requirements for proposed residential developments in close proximity to existing oil and gas operations. Item #1 - Moratorium: Ordinance No. 145, 2012, established 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 or on City-owned lands. Council has determined that the seven (7) months established by Ordinance No. 145, 2012, as the duration of the moratorium is insufficient for City staff and City Council to determine the extent to which oil and gas uses may be locally regulated and to properly investigate, develop, and, if appropriate, adopt and implement any additional local regulations related to oil and gas uses in the City in order to protect and preserve the public’s health, safety and welfare. As the Moratorium established by Ordinance No. 145 expires on July 31, 2013, Council will determine whether to establish a moratorium until December 31, 2013 or for seven (7) years. Item #2 - Regulations for Residential Developments in close proximity to existing Oil and Gas Operations: On May 21, 2013, Council adopted the Operator Agreement with the only existing oil and gas operator, Prospect Energy, that requires stringent public health and safety measures be taken during both existing and planned operations within the City of Fort Collins. Neither this agreement nor state regulations address how proposed residential development must respond to existing oil and gas operations. The Land Use Code (LUC) currently contains buffer standards for proposed residential developments within fifty feet (50’) of existing industrial land uses. In order to better buffer proposed residential developments from existing oil and gas operations, the proposed LUC amendments establish a tiered approach to requirements for new residential developments in close proximity to oil and gas operations. Disclosure to future residents is required for any proposed oil and gas development within one thousand feet (1,000’) of an existing operation. If the development is proposed to be closer than five hundred feet (500’) of an existing oil and gas operation, additional screening and protection measures are required. If the subdivision is proposed to be less than three hundred fifty feet (350’) from an existing operation, a Modification of Standard would be required. BACKGROUND / DISCUSSION Item #1 – Moratorium Local governments have considered the use of moratoriums to postpone new oil and gas operations within their jurisdictions, citing the need to craft and adopt local land use regulations. Council adopted such a moratorium on December 18, 2012. While much work was completed during the first seven (7) months of the moratorium, Council requested that staff prepare an extension of Ordinance No. 145, 2012. Staff suggests the following two options be considered: Option #1 Impose a new seven-year moratorium in order to better determine the potential health impacts of various aspects of oil and gas operations and incorporate any findings into local regulations. The 220 July 16, 2013 moratorium would apply to Prospect Energy as well as all other operators. City-owned lands outside the city limits would be excluded. Option #2 Impose a moratorium until December 31, 2013 in order to re-evaluate Land Use Code (LUC) changes, engage the community in the LUC options, and codify any recommendations. City-owned lands outside the City limits would be excluded, and Prospect Energy would be exempt from the moratorium as long as it operates in accordance with the Operator Agreement approved by the Council by resolution on May 21, 2013. Note: The current moratorium, established by Ordinance No. 145, 2012, will expire July 31, 2013 at midnight. However, the City Code prohibiting hydraulic fracturing would still be in place so any new drilling activity (except for Prospect Energy) would need to secure an operator agreement with the City due to the likelihood that hydraulic fracturing would be used in the drilling process. As highlighted during the June 25, 2013 Work Session (Attachment 1), a great deal of work was completed in developing appropriate regulations to minimize any adverse impacts that oil and gas exploration and extraction may have on the health, safety, and welfare of the City and its citizens including the following: • Staff testimony was given to the Colorado Oil and Gas Conservation Commission (COGCC) rule-making process resulting in greater set-backs from residential areas and water quality monitoring and sampling requirements. While the water quality rules went into effect in May, the setback rules are effective August 1, 2013 and can now be incorporated into Land Use Code amendments. • Local regulations were adopted by Council to prohibit the use hydraulic fracturing in the City limits and the permanent storage of waste products associated with hydraulic fracturing. • Extensive research into best management practices were incorporated into an operator agreement with the only local operator (Prospect Energy) resulting in greater health and safety protections for the residents of Fort Collins. • Staff is addressing citizen concerns by preparing a draft Ordinance for Council consideration scheduled for the July 2, 2013 meeting to enact reciprocal set-backs and buffering requirements for proposed residential developments in close proximity to existing oil and gas operation. The proposed Ordinance also contains disclosure, fencing and screening requirements. • Additional work is needed to incorporate the best management practices, updated COGCC regulations and other research into zoning and land use regulations. Attachment 2 provides a more detailed update of the work requested by Council during the time of the moratorium and the work completed. 221 July 16, 2013 Oil and Gas and Property Values While the state has proposed to study the health effects of oil and gas development, a few studies have also examined the effects of oil and gas development on property values. Staff is aware of a few studies related to oil and gas development and property values: • In one study, negative effects on rural residential property values in Alberta, Canada were found at up to 4 km from the gas development based on presence of sour gas wells and flaring (Boxall et al. 2005, available at http://www.sciencedirect.com/science/ article/pii/S0928765505000084). • A second, unpublished Canadian study examined the effect of sour gas activity on rural residential properties (between 1 and 40 acres in size) using econometric models and found that as the density of oil and gas wells increased, property values could be negatively impacted by up to 10 percent within 4 km of the development (Molik et al. 2003, available at http://www.ekcbm.org/files/Property_Value_Study_0.pdf). • A working paper prepared by BBC Research and Consulting in La Plata County presents results of a modelling effort to evaluate how property values are impacted by proximity to coalbed methane wells. The study indicated that the overall area studied had a less than 1% decrease in sales price (2001, available at http://tinyurl.com/n7nh93u). • Finally, a recent article in KUNC suggested that agricultural property values in Weld County have increased 18 percent from the prior year (http://tinyurl.com/led535j). Note: the Canadian studies and the property values from Weld County were focused on gas development and the La Plata study was focused on coalbed methane. Staff could find no studies that discussed the impacts of oil development on property values, which is what is produced in the Fort Collins Field. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation Oil and gas production is currently limited to the Fort Collins Field (Attachment 3), located in the northeast portion of the city. The Fort Collins Field is regulated by the Colorado Oil and Gas Conservation Commission (COGCC) and the recently adopted Operator Agreement between the City and Prospect Energy. The Fort Collins Field has been in production since about 1924. Initially, the Field existed outside Fort Collins city limits and portions of the Field were annexed into city limits, beginning in 1984 (County Club North Annexation). Prospect Energy has been the owner and operator of the Fort Collins Field since approximately 2009. As the city has developed within the boundaries of its Growth Management Area, residential development has occurred around the field. The Land Use Code, the City’s adopted set of standards for regulating land development, contains provisions for residential developments adjacent to existing industrial land uses (Section 3.8.26 of the Land Use Code). These standards are designed to minimize impacts of industrial uses on future residents by providing landscaping, fencing, or other screening options to better separate these land uses. 222 July 16, 2013 Many citizens have expressed concerns about oil and gas activity in Fort Collins. Some of the concerns expressed reflect a concern about living near oil and gas operations. Currently, the buffer requirements for oil and gas operations are contained within the definition for resource extraction. These standards require screening between the residential development and the operation to separate the land uses. The closer the development is proposed to the industrial use, the more screening is required. The proposed Land Use Code amendments create separate definitions for resource extraction and oil and gas operations. The proposed buffer standards for oil and gas operations (Buffer Yard D) would include the following requirements: • If the subdivision is proposed within one thousand feet (500-1,000') of an existing operation: NDisclosure shall be provided to future residents of the subdivision. The purpose of the disclosure is to inform future residents of the existing operation, the potential hazards associated with the operation, and contact information for the oil and gas operator. • If the subdivision is proposed within three hundred fifty to five hundred feet (350-500') of an existing operation: N If it does not already exist, fencing must be erected between the development and the operation to restrict public access, and N Landscaping, berming, or installation of a wall to aesthetically screen the operation from the future residents shall be provided. • If the subdivision is proposed to be less than three hundred fifty feet (350') from an existing operation: N A Modification of Standard would be required. The applicant would need to demonstrate that the proposed residential development is not detrimental to the public good and that, for example, it is equal to or better than a proposed plan that would comply with the standard (for additional criteria, see Section 2.8.2(H) of the Land Use Code). A map of the areas in the city that could be affected by these proposed changes is attached to this agenda item summary (see Attachment 4). FINANCIAL / ECONOMIC IMPACTS Item #1 – Moratorium: The financial and economic impacts of an oil and gas moratorium were outlined in previous Council Agenda Item Summaries, e.g., the AIS from the December 4 and December 18, 2012 meetings. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation: Increasing the setbacks between proposed residential developments and existing oil and gas operations further minimizes the potential risks of these two land uses in close proximity. However, the financial impacts of amending the Land Use Code include the potential for reduced developable land on property owners. The disclosure requirements are consistent with other City requirements, 223 July 16, 2013 e.g., radon disclosure, and would not have significant financial ramifications. The aesthetic and fencing improvements could add cost to the project’s development; however, these improvements may also increase property values for the future residents and therefore make the lots or homes more desirable. ENVIRONMENTAL IMPACTS Item #1 – Moratorium: The financial and economic impacts of an oil and gas moratorium were outlined in previous Council Agenda Item Summaries, e.g., the AIS from the December 4 and December 18, 2012 meetings. Item #2 – Regulations for Residential Developments in close proximity to existing Oil and Gas Operation: Increasing the setbacks between proposed residential developments and existing oil and gas operations reduces the risks for future residents living in close proximity to oil and gas operations. The disclosure requirement ensures future residents are informed of the potential risks association with the oil and gas operation. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board unanimously (5-0) recommended approval of the Land Use Code amendments regarding reciprocal setbacks and buffering requirements during its November 1, 2012 meeting (Attachment 5). These amendments were discussed within the broader context of Land Use Code regulations for oil and gas. PUBLIC OUTREACH Staff has facilitated public discussion of the proposed amendments within the broader oil and gas issue since 2012. For a specific outline of these outreach efforts, please see the Agenda Item Summary from the December 4, 2012 Regular Meeting. Three pending residential developments would be affected by the proposed regulations. Staff has discussed the proposed regulations with all three developers. Staff has also contacted the Chamber of Commerce and the Board of Realtors to discuss the proposed changes. A meeting is scheduled with the Chamber’s Legislative Affairs Committee on July 19 to discuss the proposed regulations and to provide an overall update on oil and gas issues within the city.” Laurie Kadrich, Community Development and Neighborhood Services Manager, discussed the items before Council. The first item is related to whether the existing moratorium, which would prohibit any kind of new oil and gas permits from coming into the City, should be extended. There are two options under consideration for the extension. Option 1 extends the moratorium for seven years, apply the moratorium to the local operator and have that operator participate in a health study. Option 2 would extend the moratorium until the end of 2013. Kadrich stated the second item before Council relates to reciprocal setbacks and disclosures. She detailed the purpose of the moratorium and the possibility of Land Use Code amendments and related public involvement, as well as staff’s recommendations regarding disclosures and reciprocal setback requirements. 224 July 16, 2013 Mayor Weitkunat requested additional details relating to already-adopted regulations. Kadrich replied the first legal action taken by Council established a moratorium which prohibited any oil and gas company from seeking a new permit to drill within the city limits or on City-owned lands. Following that action, Council requested a specific Code amendment related to the prohibition of hydraulic fracturing processes to be used within the city limits. The exception to that Code would allow a specific operator to continue to operate within health and safety regulations under an operator agreement. Mayor Weitkunat asked if the City Code bans hydraulic fracturing within the City limits. Kadrich replied in the affirmative and stated permanent storage of fracturing waste products is also banned. Gary Wockner, 516 North Grant, Clean Water Action, requested a ban on drilling and fracking and suggested the seven year moratorium apply not only to applications, but also to drilling and fracking in the city limits and on all City-owned lands. Janice Lynne, 218 South Washington, supported the seven year moratorium option. Nancy York, 130 South Whitcomb, supported the seven year moratorium option and opposed current state oversight as being too lenient. Tom Hoehn, 218 South Washington, supported the seven year moratorium option and the Land Use Code changes. Kelly Giddens, Citizens for a Healthy Fort Collins, stated she would not support the moratorium as it does not include City-owned lands. Phil Friedman, 144 North Frey, Fort Collins Sustainability Group, supported the seven year moratorium option and requested that it include all City-owned land. Elizabeth Hudetz, 1407 Ticonderoga Drive, discussed health and environmental issues and opposed fracking in general. Dolores Williams, 415 Mason Court, questioned the health of individuals in the future given the fracking industry and supported the extension of the moratorium. Sean Dougherty, Fort Collins Board of Realtors, discussed the role of realtors in disclosures and stated realtors were never asked to weigh in on the disclosure form. As a resident of Fort Collins, Mr. Dougherty questioned whether or not a continued moratorium would prove negative health effects. Wes Wilson, Be the Change, questioned previously completed health studies regarding oil wells and fracking. Jeffrey Martin, Fort Collins Board of Realtors, stated the Board of Realtors does not have any official position on fracking. He discussed his concerns regarding the implementation of the recommended disclosure forms. Phil Doe, Be the Change, suggested Council examine the impacts of drilling in and near Greeley. 225 July 16, 2013 Clint Skutchan, Fort Collins Board of Realtors, discussed the Board’s concerns regarding the implementation of the recommended disclosure forms. Mary Fischer, 307 Dahlia Court, discussed the disclosure issue and quality of life issues in Fort Collins. Michael Baute, 2825 South Taft Hill, questioned the dichotomy of the City encouraging local organic gardens while potentially allowing fracking. (Secretary’s note: The Council took a brief recess at this point in the meeting.) Councilmember Cunniff asked about the possibility of extending the moratorium to City-owned lands and noted staff has suggested having the ability to have a decision regarding placement of wells on those lands would be preferable to a moratorium. Kadrich replied the initial moratorium included City-owned lands; following that moratorium, discussions were held with Natural Areas staff that have completed the Energy by Design process and support its recommendations. Councilmember Overbeck requested follow-up regarding the Board of Realtors’ concerns. Kadrich stated staff will work to address those concerns prior to Second Reading. Councilmember Troxell asked if there is a time urgency regarding the disclosures. Kadrich replied there is no time urgency; however, the issue was brought up frequently by citizens, and staff would prefer to have the issue worked out prior to any subdivision approvals. Councilmember Troxell asked about existing developments and those currently in progress. Kadrich replied complaints were heard from existing residents, particularly regarding abandoned wells. Lindsay Ex, Environmental Planner, replied the requirements for abandoned wells are the same as those for active wells. She stated the standards apply to any new residential development within the area of existing oil and gas operations. Developments which are already approved and built are not subject to Land Use Code regulations. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 107, 2013, on First Reading, to continue the moratorium until December 31, 2013. Councilmember Troxell noted this does not include the existing operator, Prospect Energy, and does not preclude nor require health monitoring. Councilmember Cunniff agreed additional time is needed to further develop the Land Use Code regulations; however, he stated even Option 1, the seven year moratorium option, does not go far enough and should exclude the drilling of new wells. Mayor Pro Tem Horak stated it would be fair to wait until the completion of the citizen petition drive and suggested any Council action this evening would confuse the issue. Councilmember Campana noted the existing moratorium expires July 31. Mayor Pro Tem Horak replied there is still a ban on hydraulic fracturing, except in the case of a signed operator agreement. 226 July 16, 2013 Mayor Weitkunat requested staff input regarding any other provisions in the extension that did not exist in the previous moratorium. Kadrich replied the reasons for the extension are similar; however it would not apply to City-owned lands. Mayor Pro Tem Horak requested a description of the difference between the existing Ordinance and this Ordinance. Kadrich replied what is left in place after the expiration of the existing moratorium is a City Code that prohibits the use of hydraulic fracturing without an operator agreement being in place. She noted it would be extremely unlikely for any operator to seek a permit without being able to use the hydraulic fracturing process; the Code is more specific than the moratorium. Councilmember Campana stated a moratorium provides additional protection and control for the City. Mayor Pro Tem Horak made a motion to postpone Items A and B indefinitely, depending on the results of the petition drive and potential election. City Attorney Roy clarified the intent of the motion was that the postponement would be until the Council either learns the petition is insufficient or, if it were sufficient, until after the election occurs. Mayor Pro Tem Horak replied in the affirmative. City Attorney Roy stated whichever event occurs first would trigger the items coming before Council and noted the motion to postpone would postpone not just the existing motion, but also Council’s consideration of Part A of this agenda item. The motion made by Mayor Pro Tem Horak died for lack of a second. Mayor Pro Tem Horak stated he would not support the motion on the table. Councilmember Troxell asked why this item is before Council now, given the pre-existing knowledge of the petition process. City Attorney Roy replied the item is on this agenda in order to allow a Second Reading approval to take effect prior to the expiration of the existing moratorium. Councilmember Troxell requested comments relating to the current petition being circulated. Councilmember Cunniff replied he hoped the petition passes, should Council not take action, and noted Council could gain some additional control should it pass its own Ordinance that excluded City-owned lands, given the opinions of the Natural Areas staff. Councilmember Troxell asked if passing the motion on the table would be considered action taken. Councilmember Cunniff replied it is only First Reading. Councilmember Campana stated the extension of the moratorium would not derail or influence the petition process and stated the timing is due to the July 31 expiration. The vote on the motion was as follows: Yeas: Weitkunat, Troxell and Campana. Nays: Horak, Cunniff, Overbeck and Poppaw. THE MOTION WAS DEFEATED. 227 July 16, 2013 Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 106, 2013, establishing a moratorium on the creation of new oil and gas wells and the acceptance or processing of land use applications, permit applications and other applications seeking approval to conduct oil and gas extraction within the City of Fort Collins for a period of seven years, with modified language in the Ordinance. Mayor Pro Tem Horak requested detail regarding the modified language. City Attorney Roy stated his understanding is that the changes would expand the scope of the moratorium to include the creation of any new oil and gas wells. Councilmember Cunniff replied in the affirmative. City Attorney Roy asked if that change actually expands the scope or whether to create any new oil and gas wells, a permit would be required, and if so, it would seem to be prohibited by the existing language. Kadrich stated even the current Land Use today would require the filing of a permit. Councilmember Cunniff modified his motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 106, 2013 as written, establishing a moratorium on the creation of new oil and gas wells and the acceptance or processing of land use applications, permit applications and other applications seeking approval to conduct oil and gas extraction within the City of Fort Collins for a period of seven years. Mayor Pro Tem Horak asked about the consequences of passing this Ordinance and then having a successful petition drive and subsequent election passing the citizen-initiated Ordinance. City Attorney Roy replied any citizen-initiated Ordinance would need to expressly supersede the existing moratorium. A question of interpretation would exist and the item would likely come before Council again regarding resolution of a potential ambiguity. He stated the courts would likely try to harmonize conflicting Ordinances. Mayor Pro Tem Horak asked if the citizen initiative covers City-owned lands. Ms. Giddens replied it covers lands under the City’s jurisdiction. Mayor Pro Tem Horak made a motion to postpone Ordinance No. 106, 2013, until after the verification of the petition signatures and possible November election. The motion failed for lack of a second. Councilmember Troxell stated he agrees in principle with Mayor Pro Tem Horak and stated he would oppose the motion on the table as it puts the City at significant risk. Mayor Weitkunat stated she would oppose the motion as well due to the provision which eliminates Prospect Energy. Mayor Pro Tem Horak stated passing this Ordinance would void the City’s contract with Prospect Energy, thereby putting the City at risk for losing litigation. He stated Prospect Energy is limited to a very small area in which to operate, and that area is limited to existing well pads only. The undeveloped area near Budweiser is also limited in terms of well development. 228 July 16, 2013 Councilmember Cunniff stated other operators are waiting to see whether the undeveloped acreage produces oil and gas resources and stated he would support the motion. Councilmember Overbeck stated he would support the motion as he has spoken to the mineral rights owners in the undeveloped acreage area and those owners are hoping Prospect Energy will drill in that area. Mayor Pro Tem Horak noted the existence of oil and gas in the undeveloped acreage is pure speculation and noted there are only eleven active wells in Larimer County as the resources do not exist. The vote on the motion was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays: Weitkunat, Troxell, Campana and Horak. THE MOTION WAS DEFEATED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 108, 2013. Councilmember Troxell stated significant clarification regarding the disclosure issue needs to occur prior to Second Reading. Kadrich replied staff intends to work with those who spoke regarding the issue and develop a more targeted approach to have the disclosure. Councilmember Troxell asked if the time prior to Second Reading would be enough to include additional public outreach. Ex replied staff had planned to have additional outreach regardless of the outcome of the First Reading vote. Councilmember Troxell expressed concern the disclosure issue has too vague an implementation plan. City Attorney Roy asked if Council’s intent would be that this Ordinance would apply to abandoned wells and whether or not the intent would be to apply the disclosure requirement to existing development. Councilmember Troxell expressed concern there is not enough detail in the Ordinance regarding these issues. Councilmember Campana suggested the disclosure issue could be addressed prior to Second Reading. Councilmember Cunniff stated this is a small step in the right direction and stated staff should be able to address the disclosure issue prior to Second Reading. The vote on the motion was as follows: Yeas: Troxell, Cunniff, Overbeck, Poppaw, Campana, Horak and Weitkunat. Nays: none. THE MOTION CARRIED. 229 July 16, 2013 Items Relating to Urban Agriculture, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition of Provisions Pertaining to Urban Agriculture. B. Second Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City Code Related to the Care and Keeping of Animals. The purpose of this item is to better align the Land Use and City Code with City Plan by allowing urban agriculture land uses in all zone districts, expand the districts where farmers markets are allowed, and allow a broader range and number of animals to be raised in the City. Ordinance No. 096, 2013, amending the Land Use Code, was unanimously adopted on First Reading on July 2, 2013. These changes include (1) the establishment of an urban agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing farmers markets in more zone districts in the City. Ordinance No. 097, 2013, amending City Code, was adopted by a 4-3 vote on First Reading on July 2, 2013 (Nays: Campana, Troxell, Weitkunat). The City Code changes include (1) scaling the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, (3) updating the beekeeping Ordinance to reflect current best practices, and (4) allowing two dwarf or pygmy goats per household for milk production. BACKGROUND / DISCUSSION During First Reading on July 2, 2013, several questions were raised related to the proposed Code changes. These questions are addressed as follows: Farm Animals in the Urban Estate and other Zone Districts During the public testimony portion of the Hearing, several citizens commented about the lack of standards for keeping farm animals in the zone districts in which they are allowed, including the Urban Estate, River Conservation, and the Residential Foothills zone districts. Several Councilmembers directed staff to develop regulations for these zone districts that address the keeping of farm animals. Staff will develop these regulations over the coming months and bring them back to Council after they have been vetted through a public outreach process and a recommendation has been received by the Planning and Zoning Board. Allowing Altered Males within City Limits As discussed during First Reading, the proposed Code language for allowing goats allows either does (female goats) or wethers (altered males) to be raised. Councilmembers asked why wethers would be allowed if no slaughtering was to be permitted. Wethers do not create a nuisance in the same way that bucks (unaltered males) do, e.g., the smells and the noise. As goats are herd animals 230 July 16, 2013 and a minimum of two animals are required to minimize impacts on surrounding neighbors and for the health of the goats, staff recommends that wethers be allowed to be raised as an additional option for families to meet the required two goats per household. Minimizing Risks associated with Goats, particularly Q Fever When considering the potential risks associated with raising goats, Q fever, a disease caused by the bacteria Coxiella burnetii, was discussed as the highest risk to the community. Health professionals at the hearing indicated that the greatest risk associated with Q fever exposure occurred during the birthing process. To address this risk, staff is working with CSU professionals to ensure that the training provided prior to issuing a license addresses ways to minimize exposure to Q fever during the birthing process. Staff expects to have this training ready by September 2013, which would allow the first licenses to be issued shortly thereafter. Councilmembers also questioned if on-site birthing should be prohibited because the greatest risks of exposure are during the birthing process. Staff spoke with the health experts after the hearing and indicated they would not recommend such a policy. This was due to the pregnant doe having to be placed into a separate facility where a resistance to that site’s antibodies would not have been developed. This would put the pregnant doe at greater risk for contracting other diseases, which could threaten the health of the kid. Thus, staff recommends addressing Q fever exposure during the proposed educational training instead of restricting where birthing can occur. The Health Department recommended creating a mechanism whereby citizens can easily identify if goats are being raised nearby. Staff will include the location of any issued license on FCMaps, available at http://gisweb.fcgov.com/FCMaps/, where all development related applications and licenses are also maintained. The Health Department also recommended requiring annual renewal of the goat licenses so the City can maintain an active list of goat owners, should an outbreak occur. The Larimer County Humane Society has committed to annual renewals of the licenses. Research Study on Q fever in Urban Agriculture When staff assessed the problem, we determined the problem to be solved was to better understand the prevalence of Q fever in urban animals. One initial solution was to test every goat licensed in the City for the disease. Based on further research and discussion with CSU experts, a single test would indicate whether Q fever antibodies were present in an animal, but only a shedding test, with samples taken at the time of kidding, could provide the most accurate assessment of the active presence of Q fever. We also learned that a single test in isolation would not provide a complete picture of the risks associated with raising goats in an urban environment. In further discussions with CSU, staff spoke with Drs. Kristy Pabilonia and Ragan Adams regarding the development of a study to assess Q fever in urban goats in a more systematic manner. Dr. Pabilonia conducted an initial literature review and found that published information related to Q fever was based on goat herds or goat farms, and that no studies had been conducted on raising goats in an urban environment. Dr. Pabilonia indicated that limited research funding was available to test licensed goats for Q fever to better develop a risk profile of Q fever occurrence in urban 231 July 16, 2013 situations. The study would include the testing for antibodies and during kidding, so that a complete picture of the rates of Q fever in goats could be established. Should Ordinance No. 097, 2013, be adopted on Second Reading to allow goats to be raised, this research study could be developed and implemented over the next two years and would provide Council with a more thorough and locally-based assessment of the risk of this disease within our community. Staff believes this is the best solution because it provides a systematic and scientifically-based assessment of the risk environment surrounding goats in an urban environment. Council Follow-up Ordinance No. 097, 2013, as adopted on First Reading, required a full review of the regulations two years after adoption. Councilmembers also suggested reporting back to Council at six month intervals to report on any neighborhood concerns or issues that had arisen during that timeframe. Staff is committed to providing written updates to Council every six months on the outcome of the regulations, with a full report planned for July 2015. Staff expects that initial findings from the CSU research study will be available by July 2015 and could guide the two-year follow up discussion.” Lindsay Ex, Environmental Planner, discussed the urban agriculture Ordinances and noted the goal of the project is to identify how the City’s regulations can be supportive of urban agriculture practices when and where they are appropriate. She noted nuisances due to the keeping of farm animals in certain districts where allowed are being addressed by enforcing Chapter 20 of City Code. Ex discussed the development of a training program for the care and keeping of goats and the plan for CSU staff to design a research study. Gerry Becker, Fort Collins resident, stated it is likely Fort Collins has already been exposed to Q fever with no harmful results. Janice Lynne, 218 South Washington, discussed Food Bank data and stated families will use urban agriculture to supplement food needs. She supported allowing backyard dairy goats. Dr. Adrienne Lebailly, Larimer County Health Department Director, opposed allowing backyard dairy goats due to Q fever concerns. Tom Hoehn, 218 South Washington, supported the Ordinance including allowing dairy goats. Kim Meyer-Lee, Larimer County Health Department, noted the proposed CSU study may never occur and questioned whether or not goat owners would be required to participate in a study, whether goats will be tested on an on-going basis, whether the locations of goats will be made public, what would happen should a goat test positive for Q fever, how human risk will be assessed, and how the presence of goats will be disclosed to home buyers. Pam Duncan, 2436 Hollingbourne Drive, expressed appreciation to the Health Department for its concern and commended staff for their work on the item. She supported the Ordinance allowing the keeping of dairy goats. 232 July 16, 2013 Sherri Due, 2424 Sheffield Circle East, stated she gardens and preserves food and supported the Ordinance. She noted other larger municipalities which allow goats have vetted the issue through their health departments. Pam Stevens, 1201 Emigh, noted individuals can have allergies to other types of animals and insects and supported the Ordinance, including allowing goats. Councilmember Cunniff asked if regular testing will occur. Ex replied the Ordinance does not design the CSU study; however, regular testing is certainly an option and the study will be developed collaboratively with the Health Department. Councilmember Cunniff noted there may not be a study if funding does not occur. He asked if regular testing would occur without the existence of such a study. Ex stated she would defer to the experts in the area and would prefer to address the testing issue, should approval for the study not be granted. Councilmember Troxell commended staff work on addressing First Reading issues. He asked what would occur if an animal tests positive for Q fever. Ex replied batch testing would lead to a certain level of anonymity; however, the Centers for Disease Control require that any positive test be reported. She noted CSU researchers have stated a single positive test should be interpreted very cautiously and have recommended a more systematic study. Councilmember Troxell requested an update on the issue of slaughtering. Ex replied no slaughtering will be allowed within the city limits for the purpose of meat. Any slaughter will need to be at the recommendation of a veterinarian or the Humane Society, not the owner. Mayor Weitkunat asked how health concerns have been addressed in the Ordinance. Ex replied the specific changes since First Reading, not all necessarily covered in the Ordinance, include the CSU- initiated comprehensive study looking at Q fever within the City and the requirement that the training course cover animal husbandry and disease prevention and specifically cover the risks of Q fever at the time of birthing. The rabies testing component was part of the original Ordinance. Mayor Weitkunat asked if there is a regular test available for Q fever. Regan Adams, CSU Extension DVM, replied there is an antibody blood test that shows whether or not an animal has been exposed to the bacteria; however, it does not indicate whether or not the animal is actively infected and shedding the organism. That testing is typically done at the time of birthing with a piece of placenta; however, that test can produce false negatives. Councilmember Cunniff asked how the rate of false negatives would compare to other common tests. Dr. Adams replied she could not produce accurate statistics. Dr. Lebailly replied a negative shedding test does not rule out that the goat might not be shedding at another time. A positive test means the goat is shedding at that time. Councilmember Troxell encouraged a research study regardless of the outcome of the vote and stated public policy should not be an experiment in and of itself. He expressed concern regarding the lack of a requirement to notify neighbors. Ex replied all licenses will be mapped and available on-line. 233 July 16, 2013 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 096, 2013. Councilmember Cunniff discussed the benefits of the Ordinance and stated he would like to see future discussion of strict homeowner association covenants being overwritten by this Ordinance. The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Campana, Horak, Weitkunat and Troxell. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 097, 2013. Councilmember Cunniff noted there is no proof Q fever would spread in the kind of urban environment. Councilmember Campana stated he was not comfortable supporting this item on First Reading but, given the additional staff work, will support the item on Second Reading. Councilmember Troxell stated he would not support the item due to health concerns. Mayor Weitkunat stated she would not support the item as the health study is not yet completed. The vote on the motion was as follows: Yeas: Overbeck, Poppaw, Campana, Horak and Cunniff. Nays: Weitkunat and Troxell. THE MOTION CARRIED. Resolution 2013-068 Supporting the Establishment of a Friendship City Partnership Between the City of Fort Collins and San Cristobal de las Casas, Chiapas, Mexico, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The municipality of San Cristobal de las Casas, Chiapas, Mexico is highly interested in pursuing a more formal partnership with the City of Fort Collins and has put forth a Friendship City application highlighting the benefits to both communities. The City of Fort Collins requires a Council resolution of support prior to the communities moving forward with development of goals, project implementation, or visitations. 234 July 16, 2013 BACKGROUND / DISCUSSION Process In 2012, Fort Collins established a Friendship City Partnership process (Attachment 2) to assist in the response and development of more formalized partnerships with international communities. A Friendship City Partnership is an established partnership between the City of Fort Collins and a foreign city that is mutually beneficial. The first step towards establishing a Friendship City Partnership is completing an Application. The Application helps to identify the proposed goals of the partnership, the supporting activities that would be included, and it highlights the areas of interest and strengths or needs for each party. This information is provided to the Fort Collins City Council for its consideration. If City Council determines that the Application outlines a strong fit, a Resolution to formalize the partnership will be considered by City Council. Once a Resolution is in place, the designated representatives for each of the participating organizations will complete an Agreement outlining specific goals and outcomes. The criteria for considering a Friendship City Partnership is based on, but not solely limited to, one or more of the following: Attribute Match: Does the community have similarities to our size, population, demographics, vision, mission, or goals? Goal Match: Does the community have relevant sustainability, cultural and/or economic goals? Connection Match: Does the community have existing local connections with significant community or business interests such as Colorado State University, Front Range Community College, University of Colorado Health Systems, Poudre School District, a targeted cluster industry, etc.? Exchange Match: Does the community currently participate in an on-going exchange program with an organization in the city such as the Poudre School District, service organization, health care organization, etc.? Ethical Match: Does the community strive to be a stable and ethical government? San Cristobal Application San Cristobal has completed an Application outlining our mutual history and areas of interest, including: • Previous exchanges through CSU programs such as the Protected Area Management and Training Courses and a shared graduate program (CSU and El Colegio de la Frontera Sur) in Conservation Leadership. • A mutual interest in the environment, sustainability, and ecology driven by each community’s natural resources, geography, and commitment to stewardship. • Opportunities and interest in sharing best practices around watershed management, recreation management, tourism promotion, and academic partnerships. 235 July 16, 2013 FINANCIAL / ECONOMIC IMPACTS This Resolution has no immediate financial or economic impacts. Should the City move forward, any costs will be mutually agreed upon and approved by the City Manager. ENVIRONMENTAL IMPACTS This Resolution has no environmental impacts, although a Partnership could be heavily focused on environmental processes, programs, and practices.” Diane Jones, Deputy City Manager, introduced the item. Ginny Sawyer, City Manager’s Office, discussed the history of San Cristobal in Fort Collins and reviewed the idea of a Friendship City contract. George Wallace, CSU Professor Emeritus, discussed work done by CSU in the San Cristobal area regarding natural resources. Ryan Finchum, Fort Collins resident, discussed the Master’s exchange program between CSU and San Cristobal. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-068. Councilmember Troxell suggested stronger, more strategic ties could be built with cities around the world. He asked how this relates to the City’s outcome areas. Deputy City Manager Jones replied San Cristobal is interested in many of the same environmental and sustainability issues as Fort Collins. Councilmember Troxell encouraged the engagement of appropriate private and public partners in these types of relationships. Councilmember Overbeck commended the item. Mayor Weitkunat noted this is the first step in developing strategic relationships worldwide. The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Horak, Poppaw, Overbeck, Cunniff and Campana. Nays: none. THE MOTION CARRIED. Other Business Councilmember Campana and other Councilmembers requested staff examine the possibility of a disposable bag ban. 236 July 16, 2013 Councilmember Troxell expressed concern regarding single-family attached units with regard to medical marijuana grow operations. City Manager Atteberry stated the issue should be discussed in the scope of regulations in the near term. Councilmember Cunniff requested additional sources of black mold be discussed within the same topic. Councilmember Troxell questioned whether glass recycling is the highest and best use of the City’s waste stream. Cancellation of August 6, 2013 Meeting Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to cancel the August 6, 2013 Council meeting in order to allow Councilmembers to attend Neighborhood Night Out events. Yeas: Weitkunat, Horak, Troxell, Campana, Poppaw, Overbeck and Cunniff. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 9:51 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 237 July 30, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting - 6:00 p.m. A special meeting of the Council of the City of Fort Collins was held on Tuesday, July 30, 2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell, and Weikunat. Staff Members Present: Williams, Nelson, Roy. Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to go into Executive Session as permitted under City Code Section 2-31(a)(2) to meet with the City Manager, City Attorney and other affected City staff to discuss potential litigation; the way in which particular policies, practices, and regulations of the City may be affected by existing law and related legal issues. Yeas: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell, and Weikunat. Nays: none. THE MOTION CARRIED. Adjournment At the conclusion of the executive session, the meeting was adjourned at 7:13 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 238