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