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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/17/2013 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the November 5 and December 3, 2013 Regular Council Meetings and the November 12 and November 26, 2013 Adjourned Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve tine minutes from the November 19 and December 3, 2013 Regular Council meetings and the November 12 and November 26, 2013 Adjourned meetings. ATTACHMENTS 1. November 12, 2013 (PDF) 2. November 19, 2013 (PDF) 3. November 26, 2013 (PDF) 4. December 3, 2013 (PDF) 400 November 12, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting - 6:00 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 12, 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. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adjourn into executive session for the purpose of conducting the annual performance reviews of the City Attorney, City Manager and Municipal Judge as permitted under Section 2-31(a)(1)(a) of the City Code. Yeas: Horak, Manvel, Ohlson, Poppaw, Troxell, and Weikunat. Nays: none. THE MOTION CARRIED. Adjournment At the conclusion of the executive session, the meeting adjourned at 9:15 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk November 19, 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, November 19, 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, Overbeck, Poppaw, Troxell and Weitkunat. Councilmembers Absent: Horak Staff Members Present: Atteberry, Jensen, Roy. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. CONSENT CALENDAR 1. Consideration and Approval of the October 15, 2013, Regular Council Meeting. 2. Postponing Indefinitely the Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of City-Owned Property at 212 W. Laporte Avenue to Feeding Our Community Ourselves, Inc. For Up to Five Years. Staff is requesting this item be postponed indefinitely. Feeding Our Community Ourselves, Inc. ("FoCo Cafe") was seeking approval to lease 212 West Laporte Avenue to house a non-profit cafe. Due to the proposed design and development of the Block 32- 42 Master Plan, 212 West Laporte will no longer be available to lease. FoCo Cafe Is currently seeking other sites to lease. 3. Second Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle. This Ordinance, unanimously adopted on First Reading on November 5, 2013, appropriates funding for a Police Scene Response Vehicle from the Camera Radar Reserve Account. Police Services has identified a suitable replacement vehicle, manufactured by Lynch Diversified Vehicles. The new scene response vehicle will cost $171,476, to be funded from the Camera Radar Reserve account. November 19, 2013 402 4. Second Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller Property, 315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. This Ordinance, unanimously adopted on First Reading on November 5, 2013, designates the Miller Property, 315 Whedbee Street as a Fort Collins Landmark. The owners of the property, Maggie and Bryan Dennis, are initiating this request. 5. First Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. The purpose of this item is to appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, to transfer a matching amount of $4,973 from the 2013 General Fund, and to combine these in the Natural Resources Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City Budget. 6. First Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. The purpose of this item is to shift $53,100 accumulated during 2013 in the Waste Innovation Program Fund (WIP) account into the City’s General Fund account for an approved Streets Department project to buy a new piece of equipment called a Power Screen, for use at the Hoffman Mill Road Crushing Facility. The Power Screen will significantly increase the Streets Department’s ability to screen ground-up asphalt, concrete aggregates, and fill dirt, from the current maximum of 300 tons/day to 400 tons an hour. On an annual basis, the Mill Road Crushing Facility averages 100,000 tons of recycling. Products generated by the Facility are used on City streets paving projects or sold to the public. 7. Items Relating to the Drake-Shields Intersection Improvement Project. A. Resolution 2013-092 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation in Support of the Drake/Shields Intersection Improvements Project. B. First Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. November 19, 2013 403 The purpose of this item is to appropriate unanticipated federal grant revenue for intersection improvements partially funded through Building on Basics funding. 8. Resolution 2013-093 Amending the City Council's Financial Management Policies by Updating the Revenue and Debt Policies Sections Contained Therein. The purpose of this item is to approve an updated City Debt Policy and Revenue Policy. Neither policy has been updated in many years. Since the last update, staff has developed a new framework for updating, controlling, formatting and publishing financial policies. The most significant change to the Revenue Policy is the inclusion of six revenue principles that provide staff and City Council a foundation for making sound financial decisions that provide citizens of Fort Collins a diverse, stable and fair revenue stream equipped to provide the services necessary to keep Fort Collins great. Under the new Debt Policy, the City’s discrete governmental funds are limited to $70M in additional debt, compared to $150M under the existing policy. 9. Resolution 2013-094 Adopting the City's 2014 Legislative Policy Agenda. The purpose of this item is to adopt the City Council's 2014 Legislative Policy Agenda. Each year the Legislative Review Committee (LRC) develops a legislative agenda to assist in the analysis of pending legislation. The Legislative Policy Agenda is used as a guide by Council and staff to determine positions on legislation pending at the state and federal levels and as a general reference for state legislators and congressional delegation. ***END CONSENT*** Ordinances on Second Reading were read by title by Deputy City Clerk Jensen. 3. Second Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene Response Vehicle. 4. Second Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller Property, 315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 11. Second Reading of Ordinance No. 158, 2013, Amending Article III of Chapter 12 of the City Code Pertaining to Smoking in Public Areas. 12. Second Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin. 13. Items Relating to the Adoption of the Colorado Water Conservation Board Floodplain Regulations. November 19, 2013 404 A. Second Reading of Ordinance No. 160, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Conform to Colorado Water Conservation Board Floodplain Regulations. B. Second Reading of Ordinance No. 161, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Clarify Certain Provisions. C. Second Reading of Ordinance No. 162, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Revise Certain Requirements. Ordinances on First Reading were read by title by Deputy City Clerk Jensen. 5. First Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Natural Resources Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. 6. First Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. 7. First Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. 14. First Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt all items on the Consent Calendar. Yeas: Overbeck, Campana, Weitkunat, Cunniff, Troxell and Poppaw. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Cunniff requested design details prior to Second Reading regarding Item No. 7, First Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. Additionally, he encouraged interested citizens to look at Council’s Legislative Policy Agenda, adopted by Resolution 2013-094, Adopting the City's 2014 Legislative Policy Agenda. November 19, 2013 405 Councilmember Reports Mayor Weitkunat reported on the National League of Cities, Congress of Cities meeting in Seattle and discussed her site tour of the Pike Place Market, noting it originally began as an Urban Renewal Authority. Councilmember Troxell reported on the Universities Communities Council meeting and the Sustainable Cities Initiative and stated he attended a number of economic development sessions at the National League of Cities meeting. Councilmember Cunniff reported on the closing session and other site visits he attended at the National League of Cities meeting. Councilmember Poppaw stated Fort Collins won 5 th place for the Digital Cities Award. Councilmember Campana stated the National League of Cities meeting showed Fort Collins as a leader in many areas and reported on an urban forest site visit. Councilmember Overbeck reported on a meeting with the Denver Tourism Bureau and the Mile High Holidays program which they are funding. Mayor Weitkunat reported on a National League of Cities session regarding trains and the idea of eliminating train horn noise in cities. Additionally, she discussed the 16-day campaign to end violence against women. Resolution 2013-195 Approving the Programs and Projects that will Receive Funds from the Federal Community Development Block Grant and HOME Investment Partnership Programs and the City's Affordable Housing Fund, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to approve the programs and projects recommended for funding to complete the 2013 Fall Competitive Process allocating City financial resources to affordable housing and community development activities utilizing funds from the federal Community Development Block Grant (CDBG) program, the HOME Investment Partnership (HOME) program and the City's Affordable Housing Fund (AHF). BACKGROUND / DISCUSSION Resolution 2013-095 establishes which programs and projects will receive funding with Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and November 19, 2013 406 Affordable Housing Fund (AHF) dollars for the Fiscal Year 2013 program year which began on October 1, 2013. A combined total of $1,114,166 was available for funding in the fall cycle. The CDBG Commission presents to the City Council a list of recommendations as to which programs and projects should receive funding. The following table summarizes the total amount and sources of available CDBG, HOME and AHF funds for distribution during the 2013 fall cycle of the Competitive Process: Available Funding AMOUNT FUNDING SOURCE $100,000 FY 2013 CDBG Entitlement Grant Spring Cycle Carryover $469,033 FY 2013 HOME Participating Jurisdiction Grant $232,086 FY 2013 HOME Program Income $313,047 FY 2013 Affordable Housing Fund $1,114,166 Total Available Funding FINANCIAL / ECONOMIC IMPACTS The Community Development Block Grant (CDBG) Program, and the Home Investment Partnership (HOME) Program provide federal funds from the Department of Housing and Urban Development (HUD) to the City of Fort Collins. These monies can be allocated to housing and community development related programs and projects, thereby reducing the demand on the City’s General Fund budget to address such needs. The total amount of CDBG funds available for allocation for the fall cycle of the Competitive Process is $100,000 and $701,119 from HOME funds. The City’s General Fund contributes $313,047 of Affordable Housing Fund dollars for the fall cycle of the Competitive Process. Through the provision of affordable housing, more of Fort Collins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. ENVIRONMENTAL IMPACTS Affordable housing programs help provide for a healthy environment. By offering affordable housing options for lower income people, more of Fort Collins’ work force can live in the community instead of being forced to live outside the community and commute into the city for work. This helps reduce traffic congestion and, thus improves air quality. Affordable housing developers, including for-profit and non-profit agencies, are utilizing green building practices in both new construction and major rehabilitation of existing housing unit projects. November 19, 2013 407 All affordable housing projects utilizing CDBG and HOME funds are required to pass a HUD Environmental Review which covers such items as noise impacts, floodplains, hazardous materials, etc. BOARD / COMMISSION RECOMMENDATIONS The CDBG Commission presents recommendations as to which programs and projects should receive funding from the available funding sources presented above. The following tables present the allocations recommended by the Commission to the City Council within each major category: Affordable Housing Category APPLICANT PROJECT / PROGRAM FUNDING REQUEST COMMISSION’S RECOMMENDATI ON UNFUNDE D BALANCE PERCENT OF REQUEST FUNDED HO-1 City of Fort Collins: Homebuyer Assistance Program - AHF $100,000 $100,000 $0 100% HO-2 City of Fort Collins: Homebuyer Assistance Program - HOME $100,000 $100,000 $0 100% HO-3 CARE Housing: Provincetowne Phase II $375,000 $0 $375,000 0% HO-4 Housing Authority of Loveland: Larimer Home Improvement Program $30,000 $30,000 (Grant) $0 100% HO-5 Housing Catalyst: Cunningham Corner Rehab $887,842 $849,651 $38,191 96% HO-6 JAG Properties: Acquisition of Six-Plex $250,000 $0 $250,000 0% HO-7 Neighbor to Neighbor: Coachlight Plaza $34,515 $34,515 $0 100% Affordable Housing Total $1,777,357 $1,114,166 $663,191 62% All funding recommendations in the Affordable Housing category are in the form of a “Due on Sale Loan + 5% Simple Interest” unless noted as a grant. November 19, 2013 408 Public Facility Category APPLICANT PROJECT / PROGRAM FUNDING REQUEST COMMISSIONER’S RECOMMENDATI ON UNFUNDE D BALANCE PERCENT OF REQUEST FUNDED PF-1 Crossroads Safehouse: Roof Project $50,000 $0 $50,000 0% PF-2 Respite Care: Basement Lift System $50,000 $0 $50,000 0% Public Facility Total $100,000 $0 $100,000 0% The CDBG Commission has recommended all (100%) of the available funding amount of $1,114,166 be allocated. Because there are not enough funds available to fund all proposals, the Commission has recommended that the two public facility proposals receive $0 funding, citing affordable housing as a priority over these much needed projects. Of the five affordable housing proposals being funded, four are recommended for full funding, and the fifth (Housing Catalyst: Cunningham Corner Rehab) is receiving a recommendation for funding at 96% of the request. The justifications for the CDBG Commission’s recommendations can be found in Attachment 5. PUBLIC OUTREACH HUD regulations require a 30-day public comment period on the proposed allocation of CDBG and HOME funds as recommended by the CDBG Commission. Staff placed an ad in the Coloradoan newspaper presenting the list of recommended funding for programs/projects and indicated the public comment period would begin on October 21, 2013, and end on November 19, 2013. The ADA and Title VI compliant notice was also posted on the Social Sustainability web site and with four partner agencies in Fort Collins. To date, no public comments have been received.” Sharon Thomas, Community Development Block Grant (CDBG) Home Program Administrator, discussed the competitive process and criteria for grant distribution. She provided an overview of the grant requests received and noted there are not enough funds available to fund all of the proposals received. Councilmember Cunniff asked about the fact that the public facilities programs did not receive funding. Kay Rios, CDBG Commission Chair, replied those two requests did not fit with Council’s priorities. Councilmember Cunniff asked if non-housing programs have been funded with CDBG funds in the past. Rios replied in the affirmative and stated those programs were likely funded in the past due to availability of funds. November 19, 2013 409 Bob Browning, CDBG Commission Vice-Chair, stated public facilities programs have been funded in the past, generally when they do not interfere with housing project due to established Council priorities. Additionally, the public facilities programs have additional sources of funding. Councilmember Poppaw made a motion, seconded by Councilmember Troxell, to adopt Resolution 2013-195. Councilmember Troxell commended the recommendations. Councilmember Campana thanked the CDBG Commission for its work on the process. Councilmember Poppaw thanked Ms. Rios and Mr. Browning for their effort and service to the Commission. Councilmember Overbeck commended the Commission for its work. Mayor Weitkunat commended the Commission and discussed the importance of the affordable housing piece. Councilmember Cunniff noted the Crossroads Safehouse and Respite Care should be considered for funding in other arenas. He commended the Commission for its work. Councilmember Poppaw commended the non-profit organizations for their work in the community. The vote on the motion was as follows: Yeas: Campana, Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 158, 2013, Amending Article III of Chapter 12 of the City Code Pertaining to Smoking in Public Areas, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 5, 2013, expands the City’s Smoking Ordinance to include smoke-free outdoor dining areas, bar patios, and Transfort’s public transit facilities, shelters, benches, and platforms. Staff has gathered additional feedback and information since the November 5 City Council meeting. November 19, 2013 410 BACKGROUND / DISCUSSION Since the November 5 Council meeting, staff has been gathering some additional information from the Colorado jurisdictions who already have experience with smoking bans on outdoor dining areas or bar patios. Edgewater and Arvada have already provided information, and requests have been made to get information from others. The information received includes:  Edgewater - After passage of the law, they had some on-going issues at a few locations where patrons continued to smoke on patios and in doorways within the 20 foot perimeter. This was primarily due to a change in policing in Edgewater which resulted in a relaxing of enforcement. The Police Chief was supportive of the ordinance and met with representatives from Jefferson County Public Health. They also went to the offending businesses and did some outreach to better explain the regulations. This has greatly improved their compliance rate. They believe that outreach and an educational approach to the businesses will help them be able to enforce no smoking in their establishments’ patios, seating areas, and entryways.  Arvada - Since their ordinance was adopted, they have issued fewer than 5 tickets. The City Manager’s Office and the Police Department have engaged in efforts to communicate the ordinance requirements and provide a warning prior to enforcement. This process seems to be effective. They continue to provide education when they receive a complaint, and they send periodic reminder letters from the City Manager to all business owners in their Olde Town area. Their Olde Town presents a challenge because of the upsurge of new patios along the street and the increasing volume of pedestrian traffic, but overall the patrons of bars and restaurants are respectful of the law and of each other. Smokers step into an alley or away from the business when taking a smoke break. Non-smokers appreciate their effort and understand the constraints of the area. Olde Town and other businesses are thriving. Additional outreach efforts have included in-person visits with bars and restaurants that currently allow smoking on their outdoor dining area or patio (that staff was aware of). The following places were contacted and feedback varied. Maya Cove: Met with the owner. He said he would support whatever City Council decided, and he thinks it will level the playing field for some of the businesses. He also expressed that he thought smoking should be banned everywhere. Pitchers: Met with manager in duty. Staff explained the proposed changes and City Council meeting date and time. Staff left a business card for questions and has not received a call from anyone. Pappy’s: Met with manager on duty. Staff explained the proposed changes and City Council meeting date and time. Staff left a business card for questions, and has not received a call from anyone. November 19, 2013 411 Mulligan’s: Met with manager on duty. Staff explained the proposed changes and City Council meeting date and time. Staff left a business card for the owner but has not heard from them. Road 34: Staff left a business card and basic information with the bartender. The Manager was out until October 30. Staff has not received a call from anyone. Island Grill: Staff left a business card and basic information with the hostess since the manager was out. Staff has not received a call from the manager. Tony’s: Staff left a business card with the kitchen manager. Staff received a call from a manager to let us know they are aware of the City Council meeting and that they will be there. He had some procedural questions. Staff referred him to his attorney regarding their legal questions. They are greatly concerned about the money they spent on their rooftop patio, and that this ordinance will negatively impact their business. Surfside 7: The owner was not in, so staff left a business card for them to call. The owner did call and staff gave information about the proposed changes and the City Council meeting. They are greatly concerned about the potential negative impact this will have on their business. Avogado’s: Staff spoke to a manager and explained proposed changes and gave City Council meeting information. MatchUps: Staff spoke with owner and provided information about proposed changes and City Council meeting. The owner was very concerned about the amount of money he spent to create a patio located away from public sidewalks. Coopersmith’s: Staff spoke with the manager on duty and gave information on the proposed changes and date and time of the City Council meeting. Lucky Joe’s: Staff spoke with the manager on duty and gave information on the proposed changes and date and time of City Council meeting. Yeti: Staff spoke with the manager on duty and gave information on the proposed changes and date and time of the City Council meeting. Washington’s: Staff spoke with the manager and gave them information on the proposed changes and the date and time of the City Council meeting. Pateros Creek: Staff spoke with the manager and gave them information on the proposed changes and the date and time of the City Council meeting. Crankenstiein: Staff spoke with the manager and gave them information on the proposed changes and the date and time of the City Council meeting. November 19, 2013 412 Crazy Jack’s: Staff spoke with the manager and gave them information on the proposed changes and the date and time of the City Council meeting.” Beth Sowder, Neighborhood Services Manager, stated this item would expand the City’s Smoking Ordinance to include outdoor dining areas, bar patios, twenty feet from those patios, and Transfort facilities, shelters, benches, and platforms. She noted what other municipalities with similar regulations do and discussed concerns raised by Fort Collins bars and restaurants. Ben Peart, Tony’s Bar Operations Manager, discussed the unique situation with Tony’s smoking patio and noted they also provide a non-smoking patio. He suggested an amendment to the Ordinance to either extend the time period for this Ordinance or to allow exemptions, as appropriate. Tucker Veltcamp, Tony’s Bar bartender, stated the front patio of Tony’s is completely smoke- free and expressed concern a complete smoking ban will push smokers into public areas rather than the private rooftop smoking bar at Tony’s. Nick Hoover, Colorado Restaurant Association Government Affairs Coordinator, stated restaurants have made investments in smoking and non-smoking areas and requested an amendment that would allow for smoking on patios separate from non-smoking areas. Lindsay Anderson, Estoria, discussed the patio smoking situation at her establishment and stated this Ordinance will push smokers into public areas and stated this will increase the City’s maintenance costs. Demitrius Katopudis, Tony’s Restaurant and Lounge, opposed the Ordinance as written and requested an amendment to the Ordinance to allow for smoking patios such as the one at Tony’s. Jack Daniels, 172 North College, commended Fort Collins and encouraged Council to continue its good work. Mayor Weitkunat opened the discussion relating to a continuance or amendment for the situation at Tony’s and others. She noted the Clean Air Act was not meant to involve government intrusion in private business. Councilmember Campana agreed with Mayor Weitkunat and stated phasing may make sense. Councilmember Campana made a motion, seconded by Mayor Weitkunat, to continue Council’s consideration of Ordinance No. 158, 2013, until December 17, 2013, in order to consider possible phasing. November 19, 2013 413 Councilmember Cunniff stated he would not support the motion as this is a public health issue which affects not only customers, but employees as well. He noted many of the patios under consideration are in public spaces. Councilmember Troxell supported the expansion of the smoking Ordinance, but stated he would support a continuance. Councilmember Overbeck stated he would not support the motion as a level playing field is needed. Councilmember Campana commended staff work on the item and noted he will ultimately support the Ordinance but stated he is willing to consider a phasing of the new regulations. Mayor Weitkunat expressed support for phasing. The vote on the motion to continue the item was as follows: Yeas: Weitkunat, Troxell and Campana. Nays: Cunniff, Poppaw and Overbeck. THE MOTION FAILED. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 158, 2013, on Second Reading. Mayor Weitkunat requested an amendment to the motion to change the date to allow the Ordinance to not take effect until midnight on January 17, 2014. Councilmember Troxell accepted the amendment; however, Councilmember Poppaw did not accept the amendment. Mayor Weitkunat stated the extra two weeks allows time to look at a possible phasing. Councilmember Poppaw opposed a phasing. Councilmember Campana discussed the marketing aspects of businesses and supported a delay of the Ordinance becoming effective to allow for businesses to educate clientele and develop marketing. Councilmember Cunniff expressed concern that a delay in the Ordinance could delay the consideration of the broader public smoking issue. Sowder replied she did not believe a delay on this issue would affect the timing of the broader public smoking items. Councilmember Cunniff stated he could support the January 17 th date assuming it will not delay the broader issue. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to amend the Ordinance to include an effective date of January 17, 2014. November 19, 2013 414 Councilmember Poppaw stated she would support the motion. Councilmember Troxell stated he has no intent to delay the broader smoking items. The vote on the motion to amend was as follows: Yeas: Troxell, Poppaw, Overbeck, Campana, Weitkunat and Cunniff. Nays: none. THE MOTION CARRIED. The vote on the motion to adopt the Ordinance on Second Reading, as amended was as follows: Yeas: Troxell, Poppaw, Overbeck, Campana, Weitkunat and Cunniff. Nays: none. Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Construction of Certain Stormwater Improvements in the West Vine Basin, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on November 5, 2013 by a vote of 5-0 (Campana recused; Weitkunat absent) appropriates funds for the construction of the West Vine Basin Stormwater Outfall Channel from Vine Drive north to the Cache la Poudre River.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Eric Sutherland, 3520 Golden Currant, expressed concern regarding the number of recusals of Councilmembers and stated he did not believe a conflict of interest existed for Mayor Weitkunat and the discussion of the Foothills Mall redevelopment. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 156, 2013, on Second Reading. Yeas: Overbeck, Weitkunat, Cunniff, Troxell and Poppaw. Nays: none. THE MOTION CARRIED. Items Relating to the Adoption of the Colorado Water Conservation Board Floodplain Regulations, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY November 19, 2013 415 A. Second Reading of Ordinance No. 160, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Conform to Colorado Water Conservation Board Floodplain Regulations. B. Second Reading of Ordinance No. 161, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Clarify Certain Provisions. C. Second Reading of Ordinance No. 162, 2013, Amending Chapter 10 of the City Code Regarding Flood Hazard Areas to Revise Certain Requirements. These Ordinances, adopted on First Reading on November 5, 2013 by a vote of 5-0 (Campana recused; Weitkunat absent) adopt new minimum statewide floodplain regulations promulgated by the Colorado Water Conservation Board (CWCB) in January 2011 and additional proposed Code language clarifications and City policy revisions. All communities must adopt the CWCB regulations by January 2014. The City of Fort Collins already has adopted many of these standards. Therefore, there are relatively few changes needed to meet the CWCB statewide regulations.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Eric Sutherland, 3520 Golden Currant, opposed the removal of farm land from farming so it can be developed through the Boxelder Stormwater Authority. He stated the Colorado Water Conservation Board will not loan on an organization as dysfunctional as the Boxelder Stormwater Authority. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 160, 2013, on Second Reading. Yeas: Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 161, 2013, on Second Reading. Yeas: Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 162, 2013, on Second Reading. Yeas: Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain November 19, 2013 416 Use Permits, Reviews and Variances, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to adopt new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in flood hazard areas. The floodplain regulations require that proposed activities, uses, improvements, or alternations within designated flood hazard areas be submitted to the City of Fort Collins for review to ensure compliance. These items are reviewed by staff from the City’s Stormwater Master Planning and Floodplain Administration Division. City Code specifies that applicants must pay floodplain review fees for these services. The current fees do not provide a mechanism to properly account for the significant review times associated with certain types of floodplain reviews including Conditional Letters of Map Revision (CLOMRs), Letters of Map Revision (LOMRs) and variance requests. Staff recommends that a new fee structure be established to better assign costs to floodplain review applicants. This Ordinance establishes specific floodplain review fees for:  fences, accessory structures (sheds/garages), decks and fill or grading operations;  Building additions, improvements/remodels, redevelopment or new buildings;  Mobile homes, floodproofing of structures;  Variance applications;  City basin no-rise analyses and floodplain map revisions; and,  Federal Emergency Management Agency CLOMRs, LOMRs and LOMR-Fills. BACKGROUND / DISCUSSION Chapter 10 (Flood Prevention and Protection) of the City Code outlines floodplain regulations that promote public health, safety and welfare and minimize public and private losses due to flood conditions in flood hazard areas. City Code includes methods and provisions for: 1. Restricting or prohibiting uses which could increase erosion, flood elevations or velocities; 2. Requiring that uses vulnerable to flooding be protected at the time of initial construction; 3. Controlling the alternation of natural floodplains, stream channels and natural protective barriers that help accommodate and convey floodwaters; 4. Controlling filling, grading, dredging and development that increase flood damage; and, 5. Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters and increase flood hazards in other areas. November 19, 2013 417 City Code specifies that applicants must pay floodplain review fees for proposed activities, uses, improvements, or alternations within designated flood hazard areas these services. The intent is to institute a “user pay” approach wherein an applicant who is requesting floodplain review services pays instead of having those costs charged to stormwater utility customers, generally, through existing stormwater service fees. The current fees and their respective dollar amounts have not increased since they were originally adopted (early 1990s). The current fees do not provide a mechanism to properly account for the significant review times associated with different types of floodplain reviews including City Basin no-rise analyses and floodplain map revisions, FEMA Conditional Letters of Map Revision (CLOMRs) and Letters of Map Revision (LOMRs) and variance requests. FLOODPLAIN USE PERMIT All activities requiring the issuance of a floodplain permit will have a base floodplain use permit fee of $50. For minor submittals that require limited review [approx. one (1) hour or less], the floodplain use permit fee will be the only fee required. For other submittals, more detailed Staff review is required. An additional fee is necessary to cover the costs associated with these reviews. The proposed fee structure is shown in Attachment 1 and has categories of review fees to be collected based on the level of review. In general, the typical categories of floodplain reviews are: 1. Minor Improvements / accessory structures; 2. Redevelopment, new buildings, additions, improvements/remodels greater than 50% of the value of the existing structure; 3. Mobile Homes, Floodproofing; 4. Variances; and, 5. Pre- and Post-Project Floodplain analyses (City basin, FEMA, CLOMR/LOMR). Category 1 -- Minor Improvements / Accessory Structures For fence, shed, garage and miscellaneous items, reviews are typically completed within one (1) hour so there are no additional proposed fees. For review items that involve more staff time, the floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the type of review submittal:  Deck/improvement or remodel less than 50% of the structure value ------- $150  Fill or grading only -------------------------------------------------------------- $150 Category 2 -- Redevelopment, New Buildings, Additions, Improvements/Remodels Greater than 50% of the Value of the Existing Structure Staff review for these items is dependent on the type of submittal. In general, more staff time is required to complete these reviews when compared to those identified in Category 1. Floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fee based on the type of construction: November 19, 2013 418  Slab on Grade Construction -------- $150  Enclosure --------------------------------- $200  Crawl Space ----------------------------- $250 Category 3 -- Mobile Homes, Floodproofing Staff review for these items is again dependent on the type of submittal. Floodplain review fees shall consist of the floodplain use permit fee of fifty ($50) dollars plus the following additional fees:  Mobile Home ----------------------------- $250  Floodproofing ---------------------------- $250 Category 4 -- Variance Applications The recommended variance fee is one thousand ($1,000) dollars to better reflect the average number of hours (20) of staff review and preparation time associated with analyzing, presenting and documenting the variance to the Water Board. Category 5 -- Floodplain Analyses (City Basin, FEMA, CLOMR/LOMR) These submittals, by their nature, require significant Staff involvement and review. In those instances where a submittal to FEMA is required, Staff must review and acknowledge that the submittal meets Chapter 10 requirements in advance of the applicant submitting it for FEMA review. These submittals are typically associated with larger site development (new) and/or redevelopment. There are typically two (pre-project and post-project) submittals for each of the following submittal types. A pre-project floodplain use permit fee (not required for post-project submittals) of fifty ($50) dollars is proposed along with the following additional fees.  FEMA Basin CLOMR/LOMR-Fill (includes 1 st and 2 nd reviews) --------------$ 250  City/FEMA No-Rise without hydraulic analysis (includes 1 st and 2 nd reviews)$ 250  City/FEMA No-Rise with hydraulic analysis (includes 1 st and 2 nd reviews) --$ 500  City Basin Prelim/Final Floodplain Map Revision (includes 1 st and 2 nd review) -------- $ 1,000  FEMA Basin CLOMR/LOMR (includes 1 st and 2 nd reviews)---------------------$ 1,000 In order to promote more complete submittals and reduce the number of floodplain analyses and CLOMR/LOMR reviews, Staff has proposed an additional fee for resubmittals after the 2 nd review. This concept is similar to that used by several other Colorado communities. The additional review fees for 3 rd (and higher) reviews have a base fee plus $50 per hour for reviews taking longer than typical review times: November 19, 2013 419 Plus $50/hour for Base Fee + Reviews > than  FEMA Basin CLOMR/LOMR-Fill ------------------------------- $125 3 hours  City/FEMA No-Rise with hydraulic analysis ---------------- $250 5 hours  City Basin Prelim/Final Floodplain Map Revision -------- $500 10 hours  FEMA Basin CLOMR/LOMR ------------------------------------ $500 10 hours FINANCIAL / ECONOMIC IMPACTS Stormwater staff performed an internal analysis using data collected over the last three years to determine the approximate average amount of staff time associated with specific floodplain reviews. Attachment 2 presents the results and reveals that the current fees do not appropriately reflect the staff effort necessary to perform the review functions. As a result, staff recommends that the proposed new fee structure be established to better assign costs to floodplain review applicants. This approach is similar to that used by other Colorado communities. BOARD / COMMISSION RECOMMENDATION The proposed floodplain administration review fees were presented and discussed at the June 6, 2013 Water Board Work Session. At its September 19, 2013 meeting, the Water Board unanimously approved the stormwater floodplain review fees (Attachment 3). PUBLIC OUTREACH Staff notified customers (developers, engineers, etc.) of the proposed floodplain review fees by postcard mailing in late October 2013. The postcard provides general information and refers interested parties to a city webpage developed specifically for the proposed floodplain review fees. Public meetings included the Fort Collins Chamber of Commerce on October 4, 2013 and a Fort Collins Utilities’ Key Accounts meeting and presentation on October 15, 2013.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Ken Sampley, Stormwater Floodplain Manager, stated this item adopts new review fees for properties that pursue some type of activity within the City’s designated floodplains. He stated the current fees do not provide a mechanism to properly account for the significant review times associated with certain types of floodplain reviews. Sampley discussed the process used to November 19, 2013 420 determine the proposed fees and stated the Water Board unanimously recommended adoption of the proposed fees. Councilmember Troxell asked where this issue falls in terms of the 360 degree review of development and review fees. City Manager Atteberry replied he did not have the answer at this time, but would provide the information later. Councilmember Troxell asked how this proposal would expedite the review process. Sampley replied scheduling is not part of the Ordinance; however, staff understands the expectations for an increased level of service will result from the increased fees. Councilmember Troxell asked how these proposed fees increase safety. Sampley replied this encourages more detailed and thorough submittals which will in turn provide for increased staff time to work on other programs. Councilmember Troxell expressed concern the fees have not been updated in years and questioned how this fee fits into the overall development review fee process. Councilmember Cunniff noted the proposed cost recovery structure exactly matches the newly adopted financial management policies. He questioned why Boulder’s fees of this type are substantially higher. Sampley replied Boulder varies its fees based on the complexity of the submittal. Councilmember Cunniff questioned whether Boulder has considered additional costs. Sampley replied Boulder’s fees include more detail; however, the proposed fees for Fort Collins are a good reflection of appropriate fees for this community. Councilmember Troxell made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 166, 2013, on First Reading. Councilmember Troxell stated he would support the motion and looks forward to gaining additional information. The vote on the motion was as follows: Yeas: Troxell, Poppaw, Overbeck, Weitkunat and Cunniff. Nays: none. THE MOTION CARRIED. Resolution 2013-096 Adopting the 2013 Paved Recreational Trail Master Plan, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY November 19, 2013 421 The purpose of this item is to consider adoption of the Paved Recreational Trail Master Plan. Pursuant to Council direction and City planning efforts, an interdepartmental Trail Team collected a great deal of information on the City’s paved trail system and trail use and presented the results to Council at the December 11, 2012 Work Session. This information, along with detailed information on the history and condition of the trail system, trail design standards, funding issues and recommended trail projects and action items comprise the 2013 Paved Recreational Trail Master Plan. The Plan has been reviewed by several City boards and commissions, and all of them recommend adoption of the Plan. BACKGROUND / DISCUSSION The City’s paved recreational trail system has been in existence since 1980 and is one of the most used and treasured recreational facilities the City provides to the community. 95% of respondents to the Trail Questionnaire said the paved trails are important or very important to their quality of life. Planning for the trail system has been part of the Parks and Recreation Policy Plan but a stand-alone comprehensive trail planning effort has not been undertaken, until now. This Plan helps staff understand how well the trail system is meeting the current needs of the community and how the trail system can be improved to meet future community needs. The 2010 Plan Fort Collins effort and accompanying Transportation Master Plan update recommended a review of various aspects of the trail system and design standards to see if changes were needed to improve customer service. The Trail Master Plan fulfills this recommendation. Connections between the trail system and the transportation system were of particular interest. The two systems are well integrated, with 109 connections along 34 miles of trail. The Trail Master Plan includes a goal to have trail connections at every half-mile interval or less. Citizens have raised concerns about trail connections in the southeast part of Fort Collins. Recently, the north branch of the Fossil Creek Trail was constructed from Ziegler Road east to Radiant Park and continuing east to Strauss Cabin Road. In 2014 the Fossil Creek Trail will extend east from Lemay to the Power Trail with an underpass of Trilby Road and continuing south to Carpenter Road. An east/west trail south of Kechter Road between the Power Trail and Ziegler Road (providing access to Bacon and Kinard schools) will be constructed as trail right- of-way is acquired through the development process. The interdepartmental Trail Team collected a great deal of information on the trail system and trail users. Volunteers conducted 588 interviews with trail users, utilized automatic trail counters and promoted an on-line trail questionnaire which generated 541 responses. This information, along with input from various City boards and commissions and a peer city review, was presented to Council at the December 11, 2012 work session. This information has been incorporated into the Trail Master Plan, along with detailed information on the history and condition of the trail system, trail design standards, funding issues and recommended trail projects and action items. November 19, 2013 422 In general, trails are important to residents’ quality of life and there is a high level of satisfaction with the trail system. Trails are popular and well maintained, but not generally congested. People want more trails and the gaps in the system finished, more underpass/overpasses of busy roads and trails that are scenic and close to nature. Trails are used year-round, with bicyclists outnumbering pedestrians and males outnumbering females. Trail users are courteous and people generally feel safe on our trails. FINANCIAL / ECONOMIC IMPACTS The Plan’s Recreational Trail Funding Chapter reviews historical trail funding and outlines possible future trail funding options. The Conservation Trust (Lottery) has been the primary source of funding to build the trail system. Due to General Fund budget shortfalls, $730,000 of annual Conservation Trust funding were redirected to park and trail maintenance beginning in 2001, leaving $430,000 for trail planning, design and construction. To help offset the loss, Natural Areas has contributed $350,000 annually to paved trails since 2003, but this funding may not be available after 2014. Current plans call for the development of another 31 miles of trail, including 10 underpasses, at a cost of over $23 million. It will take 53 years to build out the trail system utilizing the $430,000 in annual Conservation Trust funding. If all Conservation Trust funding (currently $1.2 million) was directed to trail development, it would take 19 years to complete the trail system. If a trail impact fee (with estimated annual income of $500,000) was implemented and coupled with the $430,000, it would take 25 years to build out the trail system, assuming funding increases commensurate with construction inflation. ENVIRONMENTAL IMPACTS Chapter Seven of the Plan, Recreational Trail Design Standards provides direction on trail placement and environmental sensitivity. Trails are allowed within the 100 foot buffer zone for rivers and waterways. Trails are generally located along habitat edges and are placed to avoid sensitive habitat and to prevent fragmentation of high quality habitat. BOARD / COMMISSION RECOMMENDATION The Trail Master Plan was reviewed by the following boards and commissions: Commission on Disability Land Conservation and Stewardship Board Natural Resources Advisory Board Parks and Recreation Board Senior Advisory Board Transportation Board All of the boards and commissions recommend adoption of the Plan. PUBLIC OUTREACH November 19, 2013 423 Trail user information was gathered in 2012 from a variety of sources, including volunteers who counted and interviewed trail users, an online trail questionnaire, and automatic trail counters. The volunteer counts and interviews were conducted based on guidance by the National Bicycle and Pedestrian Documentation project. Counts were conducted over two-hour periods at ten different locations. In total, 228 separate counts were taken. The count data included type of user (bicyclist, runner/jogger, walker, and other), gender, direction of travel, helmet use, and use of leash with dogs. Similar to the counts, interviews were conducted over two-hour periods at ten different locations. In total, 588 interviews were completed. The interviews included questions on trip frequency and purpose, reasons for choosing a particular trail, as well as suggestions for trail improvements. 80 volunteers donated over 300 hours to this data collection effort. The online questionnaire captured a variety of data and was open to the public and available via the project website. 541 responses were captured over a 12 week period.” Marty Heffernan, Cultural, Parks, Recreation and Environment Director, stated this item adopts the Paved Recreational Trails Master Plan. He discussed the process of developing the Plan and reported on the results of a survey of trails users. Additionally, Heffernan described the components of the Plan itself and discussed funding sources for trails, noting the build-out of the trails system will take quite some time given current funding levels. Eric Sutherland, 3520 Golden Currant, stated sensible rules and regulations for the use of the trails system have been overlooked. He stated the issue of electric bicycles should be reconsidered and encouraged innovative funding sources. Devin Hirning, 3508 Muskrat Creek Drive, stated the purpose of Council meetings is to be part of the public process and opposed the “rubber stamping” of plans such as this. He expressed concern regarding the Harmony Road barrier to bicyclists and pedestrians and opposed the fact this Plan does not address a crossing of the corridor in its top twenty priorities. Additionally, Mr. Hirning stated safe routes to parks and schools need to be addressed in the southeast part of town. He asked why the Planning and Zoning Board minutes were not included in the Agenda Item Summary for this item. Rick Price, 1925 Wallenberg Drive, discussed comments made by City officials in terms of the City’s financial status and “average” position regarding trails. He supported adoption of the Plan and encouraged the build out of the system in twelve years by reallocating 100% of the Conservation Trust Fund, finding funding in Building On Basics II, pursuing GOCO funds, allocating a parks and trails maintenance fee, and reallocating funds from the Highway User Tax Fund. Mayor Weitkunat asked if changes to the prioritized trail projects list are possible, noting some projects with no funding are prioritized higher than those with partial funding. November 19, 2013 424 Councilmember Campana noted some of the prioritization was based on the timing of projects or the availability of necessary rights-of-way. He agreed that criteria versus a prioritization list may be more appropriate. Heffernan replied the intent of the Plan was to have some priorities to allow for increased specificity. He noted funding is not allocated on a project-by-project basis and suggested the possibility of taking away the prioritization component which would allow the flexibility to implement projects as Council deems appropriate. Councilmember Campana supported the elimination of the prioritization component and commended Mr. Price for his ideas. Councilmember Cunniff agreed regarding the removal of the prioritization component. He suggested wording changes for the Resolution. City Attorney Roy discussed possible language changes regarding the removal of the prioritization component. Councilmember Cunniff supported the Plan and asked how this could be tied to the overall City- wide transportation system. Heffernan replied Transportation Planning staff were involved throughout the planning process and stated an analysis of the current trail system was completed regarding connectivity. Councilmember Cunniff asked about the Planning and Zoning Board minutes. Craig Foreman, Park Planning and Development Director, replied he went before the Board in late October and he did not receive the minutes in time to place them in the packet. He noted the Board recommended adoption of the Plan. Councilmember Cunniff encouraged addressing the Harmony Road and regulations issues and supported getting the Conservation Trust money focused on trail construction. Councilmember Troxell asked about the transportation integration with the trail system. Paul Sizemore, FC Moves Program Manager, replied the Harmony Enhanced Travel Corridor Plan provides a total of six potential crossing locations; two of which are integrated into the trail network at the Power Line Trail crossing and at the Mason Trail crossing. The timeframe for development of those crossings is dependent upon funding. City Manager Atteberry noted major funding sources will be defined, and hopefully implemented, in the upcoming months. Councilmember Troxell supported revisiting the electric bicycle discussion. Councilmember Campana stated the $23 million needed to build out the trail system is a large amount and noted many citizens simply desire connectivity. He encouraged staff to use signage or striping on the Power Line trail near Harmony in order to accomplish short term connectivity. November 19, 2013 425 Councilmember Overbeck supported a build-out of the trail system as soon as possible and questioned why there are twice as many cyclists as pedestrians on the trails. Heffernan replied there are more pedestrians near parks but noted cyclists tend to be the predominant trail users. He stated additional survey questions could address pedestrian issues in the future. Mayor Weitkunat urged staff to include trail funding in the BOB 2 package. City Attorney Roy suggested language inclusions for the Resolution regarding the elimination of the prioritization aspects of the plan. Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Resolution 2013-096, as amended. Yeas: Poppaw, Overbeck, Campana, Weitkunat, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Campana made a motion, seconded by Councilmember Poppaw, to adjourn to Tuesday, November 26, 2013, at 5:30 p.m. so that the Council may consider going into Executive Session to continue the annual performance reviews of the City Manager, City Attorney, and Municipal Judge and discuss the proposed compensation and benefits of those employees. Yeas: Campana, Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 8:40 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 426 November 26, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting - 5:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, November 26, 2013, at 5:30 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. Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to go into Executive Session as permitted under Section 2-31(a)(1) of the City Code, for the purpose of continuing the annual performance reviews of the City Manager, City Attorney, and Municipal Judge and to discuss the proposed compensation and benefits of those employees. Yeas: Weitkunat, Campana, Poppaw, Horak, Troxell, Overbeck and Cunniff. Nays: none. Adjournment At the conclusion of the executive session, the meeting adjourned at 7:00 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk December 3, 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, December 3, 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 postponing Item No. 17, Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police, to December 17. He stated he will be providing a brief summary of the November election during the Staff Report time, per Councilmember Overbeck’s request. Citizen Participation Mel Hilgenberg, 172 North College, thanked the Coloradoan for an article regarding senior citizen transportation and expressed appreciation for the $25 annual senior bus pass. He supported expansion of bus hours and suggested moving the Fort Collins Rescue Mission into the old nightclub across from New Belgium Brewery. Jack Daniels, 172 North College, expressed appreciation for Fort Collins and its leadership. Mike Pruznick, Fort Collins resident, thanked Council for supporting the City Works 101 class, the Citizens Police Academy, the Net Zero Cities Conference, the Business Innovation Fair, and the Social Sustainability Gap Analysis. Margaret Griffin, 3245 Honeysuckle Court, opposed the Boxelder Stormwater Authority’s eminent domain takeover of the unencumbered fee interest in her property. She argued the Authority does not have the legal right to use eminent domain in this situation. John Kirsch, Fort Collins resident, noted electronic-assisted bicycles are legal as non-motorized vehicles and encouraged the City to adopt them as such. Eric Sutherland, 3520 Golden Currant, stated threats to disconnect water and electric service were made to residents who refused the installation of Smart Meters. Citizen Participation Follow-up City Manager Atteberry disagreed with Mr. Sutherland’s comments and requested a staff response. December 3, 2013 428 Dennis Sumner, Advanced Meter Fort Collins Project Manager, stated staff is offering three options regarding the Smart Meter Project. Options 1 and 2 have the Smart Meter option and Option 3 has a standard, digital display meter that does not have the capability to record water or energy use and does not have radio broadcast capability. There is an $11 per month charge for the manual meter reading associated with Option 3. Sumner stated there were 47 households which refused the Smart Meter installation, each of which received a certified letter which indicated the City’s recognition of their desire to go with Option 3. He stated those standard meters were installed beginning in mid-November; there were 14 customers for which the installations were not able be completed. Those customers were sent certified letters advising them their service will be terminated if the installation was not able to be completed. Currently, there are nine households with pending installation or service termination. Mr. Sumner also noted 66,611 electric meters have been installed and 31,603 water meters have been installed. City Manager Atteberry requested input regarding the reasons individuals have for protesting the meter installation. Mr. Sumner replied general concerns are regarding the incremental data collected, privacy issues, and radio frequency broadcast. Mayor Weitkunat noted the meters are City property and asked why they cannot be replaced given that fact. Mr. Sumner replied staff members have left properties when asked. Councilmember Cunniff suggested disassembling one of the standard meters in order to show its contents. Mayor Pro Tem Horak asked if Neighborhood Services staff members have been involved with any of the remaining households or if they have been asked if they would agree to independent information regarding the meter itself. Brian Janonis, Utilities General Manager, replied staff is open to an independent task force meeting or meeting with Neighborhood Services. Councilmember Troxell supported revisiting the e-bike discussion. Councilmember Campana supported staff regarding the meter installation. Mayor Pro Tem Horak noted more information will be provided regarding the Boxelder Stormwater Authority. CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the November 5, 2013 Regular Council Meeting. 2. Second Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. December 3, 2013 429 This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriate $4,973 awarded to the City by the Colorado Department of Public Health and Environment, to transfer a matching amount of $4,973 from the 2013 General Fund, and to combine these in the Environmental Services Radon Program account. The Radon Program carries out radon risk-reduction activities as identified in the current City Budget. 3. Second Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates $53,100 accumulated during 2013 in the Waste Innovation Program Fund (WIP) account into the City’s General Fund account for an approved Streets Department project to buy a new piece of equipment called a Power Screen, for use at the Hoffman Mill Road Crushing Facility. 4. Second Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. This Ordinance, unanimously adopted on First Reading on November 19, 2013, appropriates unanticipated federal grant revenue for intersection improvements partially funded through Building on Basics funding. At First Reading, Council requested supplemental information pertaining to this project. That information is provided as an attachment to this packet. 5. First Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. The purpose of this item is to appropriate $13,808 of prior year reserves in the Conservation Trust Fund for transfer to the Capital Projects Fund, and to transfer $1,084,261 of existing appropriations from Conservation Trust Fund projects to projects in the Capital Projects Fund. 6. First Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. The purpose of this item is to appropriate $1,118,000 for the costs associated with the flood that occurred in September 2013. Of that total, $1,012,000 is for the incremental costs that are eligible under the Federal Emergency Management Agency’s (FEMA) Public Assistance Program. In general, FEMA reimburses about 75% of eligible costs. The State of Colorado has agreed to cover half of the portion not paid by FEMA. The other $106,000 is for City assistance provided to Estes Park. They will reimburse the City 100% and seek reimbursement from FEMA for up to 75%. December 3, 2013 430 7. First Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. The purpose of this item is to approve additional spending in the General Employee Retirement Trust Fund. At the time of retirement, qualified persons have the option to elect monthly payments or one-time cash out. Using historical data, the actuary estimates that 30% of future retirees will elect a single-sum payout. The 2013 budget made the same assumption. Retirees electing cash outs this year have exceeded the assumed election rate. 8. First Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. The purpose of this item is to amend the City Code to limit the option for vendors to file consolidated sales and use tax returns for multiple locations. 9. First Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City’s Water Utility. The purpose of this item is to discontinue the practice of water right banking. In order to meet the water needs of new development or redevelopment within the Water Utility service area, developers are assessed a Raw Water Requirement (RWR). Current City Code allows water rights to be submitted to the Water Utility even when no water service permit is needed in exchange for credit that can be used for later satisfaction of the RWR. Although this banking practice was helpful in the past, it is less helpful now and makes managing these water rights difficult. The proposed City Code changes would discontinue the practice of banking water right credits, but continue to allow the practice of conveying acceptable water rights for developments at the time a RWR is assessed. 10. First Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. The purpose of this Ordinance is to ensure that the Fort Collins Traffic Code (the “Traffic Code”) is consistent with state traffic laws, and to implement amendments identified by staff that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. 11. First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of- Way Between Foothills Parkway and Monroe Drive. The proposed ordinance vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973 ("1973 Ordinance").The proposed ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. 12. First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street. December 3, 2013 431 The proposed Ordinance vacates the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway. This would make Foothills Parkway a private drive from College Avenue to Stanford Road (as the portion of Foothills Parkway from Mathews Street to Stanford Road was previously vacated in 1988). Easements for access, emergency access, drainage, utilities, and transit will be retained in order to allow these uses within the vacated right-of-way in conjunction with the redevelopment of the Foothills Mall. 13. First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road. The purpose of this item is to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. The planned re-alignment will locate the ditch beneath the frontage road, across College Avenue opposite the mall and will require the conveyance of a permanent drainage easement to the Larimer Canal No. 2 Irrigating Company (the “Ditch Company”). 14. Resolution 2013-097 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Farm Annexation. The purpose of this item is to annex the first phase of Kechter Farm. A written petition has been submitted requesting annexation of 88.21 Acres within the Kechter Farm General Development Plan, located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently being approved in the County. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. 15. Resolution 2013-098 Adopting the Annual Revenue Allocation Formula to Define the City of Fort Collins’ Contribution to the Poudre Fire Authority Budget for the Year 2014 for Operations and Maintenance. This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins and the Poudre Fire Authority to contribute funding for operating and maintenance of the Poudre Fire Authority. December 3, 2013 432 16. Resolution 2013-099 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County in Support of the Larimer County Conservation Corp Energy and Water Program. The purpose of this item is to seek City Council approval of an intergovernmental agreement (“IGA”) between the City of Fort Collins and Larimer County for funding of the Larimer County Conservation Corp (“LCCC”) Energy and Water Program (the “Program”). The agreement would allow for four one-year renewals for a total of five years, subject to budget appropriations. 17. Resolution 2013-100 Approving a Collective Bargaining Agreement with the Fraternal Order of Police. The purpose of this item is to approve a bargaining agreement between the City and the Northern Colorado Lodge #3, Colorado Fraternal Order of Police (FOP). The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in negotiations regarding the terms and conditions of a possible bargaining agreement for 2014 and 2015. City staff and the FOP have tentatively reached an agreement. On November 11, 2013, bargaining unit members voted to ratify the proposed agreement. 18. Resolution 2013-101 Authorizing a Revocable Permit for Poudre Fire Authority to Use City Property for Training Activities. The purpose of this Resolution is to authorize the City Manager to execute a Revocable Permit to allow Poudre Fire Authority to use a vacant residential building on City Property for fire and life safety training activities for a period of one year. The City acquired a property at the southwest corner of Prospect Road and Timberline Road in 2006 as part of a road improvement project. Poudre Fire Authority (“PFA”) was granted a revocable permit to use a residential structure on the property to perform fire and life safety training activities. The permit will expire in January 2014. PFA has expressed interest in extending the permit and City staff has agreed to allow the training activities to continue for an additional year. 19. Resolution 2013-102 Supporting the Retrofit of Existing DOT-111 Rail Tank Cars That Transport Packing Groups I and II Hazmat Before the Pipelines and Hazardous Materials Safety Administration. The purpose of this item is to allow City Council to provide input to a federal Department of Transportation rulemaking. Passage of the underlying resolution would indicate the Fort Collins City Council support of the National Transportation Safety Board recommendation requiring railroads retrofit tank cars to address known safety defects and to provide local governments more knowledge of the hazardous materials being transported through their communities. 20. Routine Easement December 3, 2013 433 The purpose of this item is to accept a routine utility easement at 303 W. Prospect Road from the Griffin Foundation for the installation of an electric system to serve an adjacent new development. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 2. Second Reading of Ordinance No. 163, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Operating Budget. 3. Second Reading of Ordinance No. 164, 2013, Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. 4. Second Reading of Ordinance No. 165, 2013, Appropriating Unanticipated Grant Revenue in the Capital Projects Fund for the Drake Road and Shields Street Intersection Improvement Project. 21. Second Reading of Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances. Ordinances on First Reading were read by title by City Clerk Nelson. 5. First Reading of Ordinance No. 167, 2013, Appropriating Prior Year Reserves in the Conservation Trust Fund and Authorizing the Transfer of Appropriations to the Capital Projects Fund. 6. First Reading of Ordinance No. 168, 2013, Appropriating Unanticipated Revenue in the Emergency Recovery Fund to be Used for the "Larimer County Flood of 2013" Costs and Repair Projects. 7. First Reading of Ordinance No. 169, 2013, Appropriating Prior Year Reserves in the General Employees Retirement Plan. 8. First Reading of Ordinance No. 170, 2013, Amending Chapter 25, Article III of the City Code Concerning Sales and Use Tax. 9. First Reading of Ordinance No. 171, 2013, Amending Article III of Chapter 26 of the City Code to Eliminate Water Rights Banking by the City’s Water Utility. 10. First Reading of Ordinance No. 172, 2013, Amending Various Provisions of the Fort Collins Traffic Code. 11. First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of- Way Between Foothills Parkway and Monroe Drive. December 3, 2013 434 12. First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street. 13. First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road. 22. First Reading of Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge. ( 23. First Reading of Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney. (staff: Janet Miller, Tamara Vega; 2 minute staff presentation; 15 minute discussion) 24. First Reading of Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager. Mike Pruznick, withdrew Item Nos. 11, 12, and 13, First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive, First Reading of Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street, and First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant, withdrew Item No. 15, Resolution 2013-098 Adopting the Annual Revenue Allocation Formula to Define the City of Fort Collins’ Contribution to the Poudre Fire Authority Budget for the Year 2014 for Operations and Maintenance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Overbeck, Horak, Weitkunat, Cunniff, Troxell, Poppaw and Campana. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Cunniff discussed and supported Item No. 19, Resolution 2013-102 Supporting the Retrofit of Existing DOT-111 Rail Tank Cars That Transport Packing Groups I and II Hazmat Before the Pipelines and Hazardous Materials Safety Administration. Staff Reports City Clerk Nelson stated the November 2013 election resulted in over 43,000 citizens voting on the moratorium on hydraulic fracturing; the moratorium passed. She stated countywide, the Amendment 66 relating to public education failed, the marijuana sales tax passed, and Larimer County 1A also passed. December 3, 2013 435 Councilmember Reports Councilmember Troxell reported on the lighting of the Menorah in Old Town and the North Fort Collins Business Association holiday party. He also mentioned the Salvation Army Red Kettle Kick-Off and reported on discussions regarding the City’s boards and commissions. Councilmember Overbeck reported on a visit to FTC Saturday Mornings which serves meals to homeless citizens on Saturdays. Mayor Pro Tem Horak noted the Colorado Oil and Gas Association has filed a lawsuit against Fort Collins to overturn the moratorium on oil and gas development. He also reported on the National League of Cities meeting regarding train horn issues. Mayor Weitkunat reported on the Airport Steering Committee meeting regarding the revitalization of the Fort Collins-Loveland Airport. She noted she was appointed to the Climate Preparedness and Resiliency Taskforce made up of 17 mayors and 25 governors across the country. She shared a Thanksgiving message she received from a school in Brooklyn, New York. Ordinance No. 166, 2013, Amending Chapter 10 of the City Code to Revise Fees for Floodplain Use Permits, Reviews and Variances, Adopted on Second Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 19, 2013 (Campana recused) adopts new and updated floodplain review fees in Chapter 10 (Flood Prevention and Protection) of the City Code. Chapter 10 outlines floodplain regulations that promote the public health, safety and general welfare and minimize public and private losses due to flood conditions in flood hazard areas. A new fee structure will be established to better assign costs to floodplain review applicants. BACKGROUND / DISCUSSION During the City Council discussion on First Reading of the Ordinance, it was asked if this fee increase consideration followed the past City Council Resolution 2006-113 providing a process for implementing city fee increases. In 2011 the City Council revisited this issue and clarified the process by Resolution 2011-013 and finally replaced both Resolutions with Resolution 2011- 082 (see Attachment 3), which remains in effect today. These Resolutions specifically address the fee setting provisions of Chapter 7.5 of the City Code and Section 2.2.3(D) of the Land Use Code. The intents stated is to confirm the authority of the City Manager to structure and set development review and building permit fees administratively, and that such fees “should recover all related direct costs” December 3, 2013 436 The Stormwater and Floodplain Fees under consideration are set in Chapter 10 of the City Code and therefore any adjustment must be made by City Council adoption of an Ordinance as has been presented here. Regardless, staff approached the review of these fees in the same manner and intent as the above referenced Council Resolutions by applying a thorough review, rigorous accounting, review of similar fees by other Front Range Cities, and a methodology to recover all related direct costs.” Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Eric Sutherland, 3520 Golden Currant, stated this item deals with stormwater capital expansion fees and questioned whether or not the City is paying the fees associated with the Boxelder Stormwater Authority. He also argued residents should be allowed to keep old meters, per the City Code. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 166, 2013, on Second Reading. Yeas: Horak, Weitkunat, Cunniff, Troxell, Poppaw and Overbeck. Nays: none. THE MOTION CARRIED. Ordinance No. 176, 2013, Amending Section 2-606 of the City Code and Setting the Salary of the Municipal Judge, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of Municipal Judge Kathleen Lane. This Ordinance establishes the 2014 salary of the Municipal Judge. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the Municipal Judge meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the Municipal Judge included the following: 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 99,253 Vacation (30 days per year) Medical Insurance 7,800 Holidays (11 days per year) December 3, 2013 437 Dental Insurance 492 Life Insurance 174 Long Term Disability 459 ICMA (457) 2,978 ICMA (401) 9,925 Total Monetary Compensation $ 121,081 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect Judge Lane’s 2014 salary.” Amy Sharkey, Benefits Manager, discussed the City’s pay philosophy regarding market-based and competitive compensation packages. She discussed the market data used to calculate the Municipal Judge’s compensation package. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to change the total compensation package for Judge Lane to a 6% increase. Mayor Pro Tem Horak commended Judge Lane on her efficiency and effectiveness. Councilmember Troxell stated he would support the proposed increase and commended Judge Lane on her work. Councilmember Campana stated he would support the proposed increase and noted the per capita operating budget is the lowest in Fort Collins among compared markets. Mayor Weitkunat stated she would support the proposed increase and thanked Judge Lane for her service. Sharkey stated a 6% difference in total compensation would result in a 5.95% salary increase which would increase the base salary from $99,253 to $105,159. The total compensation would increase to $128,332. Mayor Pro Tem Horak and Councilmember Campana withdrew the initial motion. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 176, 2013, on First Reading, with a salary of $105,159 and total compensation of $128,332. Yeas: Weitkunat, Cunniff, Troxell, Poppaw, Campana, Overbeck and Horak. Nays: none. December 3, 2013 438 THE MOTION CARRIED. Ordinance No. 177, 2013, Amending Section 2-581 of the City Code and Setting the Salary of the City Attorney, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in Executive Session on November 12, 2013 to conduct the performance review of City Attorney Steve Roy. This Ordinance establishes the 2014 salary of the City Attorney. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Attorney meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the City Attorney included the following: 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 170,662 Vacation (32.5 days per year) Medical Insurance 7,800 Holidays (11 days per year) Dental Insurance 492 Life Insurance 298 Long Term Disability 789 ICMA (457) 5,120 ICMA (401) 17,066 Total Monetary Compensation $ 202,226 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge, states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Attorney Roy’s 2014 salary.” December 3, 2013 439 Amy Sharkey, Benefits Manager, discussed the City’s pay philosophy and discussed the market data used to calculate the City Attorney’s compensation package. Mayor Weitkunat reviewed the duties of the City Attorney and commended his work. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 177, 2013, on First Reading, with a total compensation increase of 5%. Mayor Pro Tem Horak commended City Attorney Roy on his work for the City. Councilmember Troxell commended City Attorney Roy on his work for the City. Councilmembers Cunniff and Campana commended City Attorney Roy. Mayor Weitkunat thanked City Attorney Roy for his service and commitment to the community. Sharkey stated the salary increase would be 4.94% to $179,093 and the total compensation would be increased to $212,347. The vote on the motion using the aforementioned figures was as follows: Yeas: Cunniff, Troxell, Poppaw, Campana, Overbeck, Horak and Weitkunat. Nays: none. THE MOTION CARRIED. Ordinance No. 178, 2013, Amending Section 2-596 of the City Code and Setting the Salary of the City Manager, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY City Council met in executive session on November 12, 2013 to conduct the performance review of City Manager Darin Atteberry. This Ordinance establishes the 2014 salary of the City Manager. BACKGROUND / DISCUSSION City Council is committed to compensating employees in a manner which is fair, competitive and understandable. The goal as an employer is to attract and retain quality employees and to recognize and reward quality performance. In order to accomplish this goal the City Council and the City Manager meet twice a year to discuss performance and set goals for the coming year. In 2013, the total compensation paid to the City Manager included the following: December 3, 2013 440 2013 SALARY AND BENEFITS ANNUAL NON-MONETARY BENEFITS Salary $ 207,063 Vacation (30 days per year) Medical Insurance 7,800 Holidays (11 days per year) Dental Insurance 492 Life Insurance 362 Long Term Disability 957 ICMA (457) 6,212 ICMA (401) 20,706 Car Allowance 9,000 Total Monetary Compensation $ 252,592 Resolution 2012-091, which establishes the process for evaluating the performance of the City Manager, City Attorney, and Municipal Judge states that any change in compensation for the City Manager, City Attorney and Municipal Judge will be adopted by the Council by ordinance in sufficient time for the change in compensation to take effect as of the first full pay period of the ensuing year. The Ordinance will amend the City Code to reflect City Manager Darin Atteberry’s 2014 salary.” Mayor Weitkunat discussed the City Manager’s duties and responsibilities. Amy Sharkey, Benefits Manager, discussed the City’s pay philosophy and skills-based and performance pay increases. Additionally, she discussed the market data used to calculate the City Manager’s compensation package. Mel Hilgenberg, 172 North College, opposed comparison to other markets stating Fort Collins should be number one. He argued the City Manager should not make more than twice that of a police officer. He commended the visibility and engagement of City Manager Atteberry. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 178, 2013, on First Reading, with a total compensation increase of 14%. Mayor Pro Tem Horak noted City Manager Atteberry’s compensation has been substantially lower than that of comparable markets. He commended City Manager Atteberry’s willingness to communicate with Council and on his hiring decisions and work for the City. Councilmember Cunniff stated he could not support the motion and argued the national comparison is not the correct comparison to make. He commended City Manager Atteberry’s work, but stated he could not support such a significant increase. Councilmember Troxell commended City Manager Atteberry’s work and stated his leadership is shown throughout the organization and community. He stated the proposed compensation increase is justly deserved. December 3, 2013 441 Councilmember Overbeck commended City Manager Atteberry’s work; however, he stated he could not support such a compensation increase. Councilmember Campana agreed 14% is a large increase but noted the compensation package has fallen behind over the last several years and the metrics and policies support the increase. Additionally, he stated City Manager Atteberry does an above-average job with his duties. Mayor Pro Tem Horak stated the comparison to national markets for the City Manager is appropriate. Councilmember Poppaw stated she would support the motion and stated the City is fortunate to have three exceptional employees working on behalf of the community. Councilmember Campana noted this increase may still leave City Manager Atteberry’s compensation behind comparable markets, given those markets will likely increase compensation as well. Councilmember Overbeck thanked the Municipal Judge and City Attorney for their work and supported a compensation increase for the City Manager of no more than 8%. Councilmember Cunniff agreed Council is a metrics-driven entity; however, he argued the metrics which were selected were not the appropriate markets. Councilmember Overbeck noted City Manager Atteberry also receives 41 days of time off. Councilmember Campana stated comparative markets could be selected to support any data sample and discussed the competitive process of selecting City Managers. Mayor Weitkunat stated the City has a goal of retaining and rewarding quality employees and commended the work of the City Manager. The vote on the motion was as follows: Yeas: Troxell, Poppaw, Campana, Weitkunat and Horak. Nays: Overbeck and Cunniff. THE MOTION CARRIED. Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The proposed ordinance vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973 ("1973 Ordinance").The proposed ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally December 3, 2013 442 intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. BACKGROUND / DISCUSSION In review of the Foothills Mall Redevelopment plans and plat, the City Surveyor discovered an error through research of previous recorded documents. In conjunction with development of the Foothills Mall, the 1973 Ordinance (approved by City Council on November 29, 1973) intended to vacate a portion of College Avenue right-of-way that was no longer needed for roadway purposes due to the elimination of a College Avenue frontage road. The legal description in the language of the 1973 Ordinance did not correctly describe the area to be vacated, and instead described a different area of vacation, offset thirty feet to the west from the intended vacation and did not extend an additional sixty feet to the south of the intended vacation. The approval of this proposed ordinance would vacate right-of-way to correspond with the intent of the 1973 Ordinance. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Foothills Mall Redevelopment Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed vacation, an easement for utilities would be retained, which preserves the right to utilize the vacated portion for this purpose, and is consistent with the action by City Council in the 1973 Ordinance. Approval of the plat for Foothills Mall Redevelopment subsequent to approval of this ordinance would vacate the utility easement, but then dedicates easement along College Avenue for access, transit, drainage, and utilities, in conjunction with the improvements outlined in the Foothills Mall Redevelopment plans. FINANCIAL / ECONOMIC IMPACTS If the portion of College Avenue right-of-way is vacated, the City will no longer be able to utilize the right-of-way for roadway purposes, but roadway purposes were no longer intended when the frontage road was eliminated. Ongoing maintenance of the area being vacated is the responsibility of the abutting property owner; however, with redevelopment of Foothills Mall, a metro district has been established and maintenance of the vacated area would be assigned to the metro district. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners, utility providers and potentially impacted departments.” Mike Pruznick, Fort Collins resident, stated his comments apply equally to this item as well as item nos. 12 and 13. He opposed the public funding of the mall project and requested that the Mayor recuse herself from the discussion of these items due to her conflict of interest. He December 3, 2013 443 suggested these types of items should not be placed on the Consent Calendar. Mr. Pruznick went on to question what would occur should these items be adopted and the mall redevelopment does not occur. Mayor Weitkunat argued she does not have a conflict with this items given it is easement vacation corrections from 1973. City Attorney Roy replied these items are related to the mall redevelopment in the sense that they will accommodate the relocation of certain rights-of-way that will facilitate redevelopment. If this is the case, City Attorney Roy recommended the Mayor recuse herself from the discussion of these items, in an abundance of caution. Marc Virata, Engineering Department, stated an error was discovered from a 1973 vacation which has been discovered as a result of the mall redevelopment project. He stated the item does not have much bearing on the redevelopment plans. Councilmember Cunniff stated this error could have been discovered at any time. Virata replied the City’s survey department does a survey regarding what a development application represents as the property boundary; therefore, this error was discovered as a result of the submittal of the mall application. John Von Neida, City Surveyor, went on to detail the error in question. Councilmember Cunniff asked if the mall redevelopment is contingent upon this item. Staff replied in the negative. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 173, 2013, on First Reading. Mayor Pro Tem Horak agreed this item does not have a direct impact on the mall redevelopment but agreed Item Nos. 12 and 13 are more directly related and should not have been on the Consent Calendar. The vote on the motion was as follows: Yeas: Poppaw, Campana, Overbeck, Horak, Weitkunat, Cunniff and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 174, 2013, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street, Postponed to December 17, 2013 The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The proposed Ordinance vacates the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway. This would make Foothills Parkway a private drive from College Avenue to Stanford Road (as the portion of Foothills Parkway from Mathews Street to Stanford Road was previously vacated in 1988). Easements for access, emergency December 3, 2013 444 access, drainage, utilities, and transit will be retained in order to allow these uses within the vacated right-of-way in conjunction with the redevelopment of the Foothills Mall. BACKGROUND / DISCUSSION Foothills Parkway was originally built and dedicated as a public street from College Avenue to Stanford Road with the development of the Foothills Fashion Mall (now known as Foothills Mall). In 1988, an expansion to Foothills Mall for Foley’s (now Macy’s) resulted in the vacation of Foothills Parkway right-of-way from Mathews Street to Stanford Road as approved in Ordinance No. 116, 1987 adopted by City Council on May 17, 1988. The owner of Foothills Mall has requested that the remaining public portion of Foothills Parkway from College Avenue to Mathews Street be vacated. Additionally, a portion of right-of- way along the west side of Mathews Street would be vacated due to the owner realigning a portion of Mathews Street intersecting Foothills Parkway, resulting in excess right-of-way. The owner received approval by the Planning and Zoning Board on February 7, 2013 of the Foothills Mall Redevelopment Project Development Plan and a condition of approval of the plan was made requiring this portion of Foothills Parkway be vacated. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Foothills Mall Redevelopment Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed vacation, easements for access, emergency access, drainage, utilities, and transit would be retained, preserving rights to utilize the vacated portion for these purposes. FINANCIAL / ECONOMIC IMPACTS If Foothills Parkway and a portion of Mathews Street are vacated, the City will no longer be responsible for the maintenance, and as such, the roadways can be eliminated from the City’s street maintenance program. Ongoing maintenance of the area being vacated is the responsibility of the abutting property owner; however, with redevelopment of Foothills Mall, a metro district has been established, and maintenance of the vacated area would be assigned to the metro district. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted departments, and adjacent property owners Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak suggested Item Nos. 12 and 13 be postponed to December 17, 2013. December 3, 2013 445 Councilmember Cunniff made a motion, seconded by Councilmember Campana, to postpone consideration of Ordinance No. 174, 2013 and No. 175, 2013, to December 17, 2013. Mike Pruznick, Fort Collins resident, supported the postponement and discussed his reasoning for requesting the Mayor’s recusal. Eric Sutherland, 3520 Golden Currant, urged Council to not commit to a date certain and stated both of these items are dependent upon the completion of whatever occurs with the mall financial support package. Councilmember Cunniff suggested the placement of these items on the December 17 th agenda following the financial package consideration. Mayor Pro Tem Horak noted these items are not tied to a specific financial package but rather to the general redevelopment of the area. The vote on the motion was as follows: Yeas: Campana, Overbeck, Horak, Cunniff, Troxell and Poppaw. Nays: none. THE MOTION CARRIED. Ordinance No. 175, 2013, Authorizing the Conveyance a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road, Postponed to December 17, 2013 The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The purpose of this item is to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. The planned re-alignment will locate the ditch beneath the frontage road, across College Avenue opposite the mall and will require the conveyance of a permanent drainage easement to the Larimer Canal No. 2 Irrigating Company (the “Ditch Company”). BACKGROUND / DISCUSSION The Larimer No. 2 Ditch is currently located on the Foothills Mall site and is to be relocated to the west of College Avenue in an effort to accommodate the redevelopment of the mall and the adjacent properties. The proposal is to realign the ditch so that it flows underground in a box culvert from its current location immediately north of Red Lobster restaurant, within the College Avenue frontage road and day lighting at its current location immediately south of Monroe Drive. It should be noted that the additional benefit of realigning the ditch allows a pedestrian underpass to be constructed in the location where the ditch currently flows under College Avenue. The pedestrian underpass will allow the redeveloped mall to have excellent pedestrian connections to the Mason Corridor and MAX transit stations. December 3, 2013 446 The frontage road along College Avenue immediately adjacent to Markley Motors and Red Lobster restaurant was dedicated as right-of-way in the 1970's as part of the subdivision that created those commercial sites. Right-of-way that is dedicated to the City of Fort Collins is owned and maintained by the City; however, the adjacent property owners have a property right in the right of way in that if the City ever vacated the right of way, under State law, ownership of the land would revert back to those adjacent property owners. In order for the City to dedicate the required easement to the Larimer No. 2 Ditch Company for the relocated ditch, the City must acquire that underlying property right from Markley Motors and Red Lobster. The City has acquired the necessary property interests from Markley Motors and is in the process of acquiring the necessary property interests from Red Lobster. This Ordinance authorizes the City to convey a permanent easement to the Ditch Company to operate and maintain ditch facilities under the College Avenue frontage road, once the necessary remainder property interests have been acquired. It should be noted that the City is not seeking compensation from the ditch company for the conveyance of the easement because the relocation is occurring as a result of the redevelopment of the mall.” (Secretary’s note: This item was postponed to December 17, 2013, per a motion during discussion of the previous item.) Resolution 2013-098 Adopting the Annual Revenue Allocation Formula to Define the City of Fort Collins’ Contribution to the Poudre Fire Authority Budget for the Year 2014 for Operations and Maintenance, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY This Resolution establishes a Revenue Allocation Formula between the City of Fort Collins and the Poudre Fire Authority to contribute funding for operating and maintenance of the Poudre Fire Authority. BACKGROUND / DISCUSSION In December 1981, the Council entered into an intergovernmental agreement (“IGA”) with the Poudre Valley Fire Protection District, creating the Poudre Fire Authority (“PFA”). The IGA was amended in 1987. According to the IGA, the City will contribute funding for maintenance and operating costs of PFA, based on a Revenue Allocation Formula (“RAF”). The RAF is to be set annually, but paid monthly, based upon a percentage of sales and use tax revenues, excluding dedicated sales and use tax revenues that must be spent on specific projects, and a portion of the operating mill levy of the City’s property tax. The City calculates the RAF at a sum equal to .185 of one cent of the 2.25 cent sales and use tax applicable to all taxable sales and uses, plus 67.09% of the property tax available for operations and maintenance. Based on these calculations, the City’s 2014 contribution to the PFA, December 3, 2013 447 including Keep Fort Collins Great (KFCG) funds, for operations and maintenance is $18,423,017. In addition to the operation and maintenance contribution, the 2014 Budget authorizes one mill of the City’s property tax mill levy to fund PFA’s capital needs. This mill levy was approved by the Council in 1991 to provide additional funding necessary for anticipated capital improvements, including land acquisition, construction of additional stations, and acquisition of major firefighting apparatus. The revenue from this dedicated mill is to be managed according to the property tax levy and revenue limitation provisions of TABOR. It is anticipated that the one mill tax levy will generate an estimated $1,771,802. This Resolution does include the City’s contribution of $164,393 for the Southwest Annexation which was included in the 2014 annual appropriation approved by City Council on November 5, 2013. The City will also make a debt payment on behalf of PFA in 2014 in the amount of $234,354. This is related to the capital expansion fees to be used for Station 4. This debt payment is not included in the RAF calculation nor in the total indicated as the City’s Contribution to PFA for 2014, but is included in the 2014 annual appropriation approved by City Council on November 5, 2013. Together, the City’s total 2014 contributions to PFA for operations and maintenance, capital needs, the Southwest Annexation and debt retirement is $20,359,212. FINANCIAL / ECONOMIC IMPACTS Adoption of the Resolution will establish a Revenue Allocation Formula, thereby defining the City’s contribution to the Poudre Fire Authority in 2014. Additionally, one mill levy of the City’s Property tax mill levy will go to fund PFA’s capital needs. The total City contributions to PFA for operations, maintenance and capital needs in 2014 will be $20,359,212.” Eric Sutherland, 3520 Golden Currant, discussed Poudre Fire Authority funding and tax increment financing districts. Mike Pruznick, Fort Collins resident, expressed process concerns and stated there is no data regarding why the current formula is failing and why the proposed formula will be better. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-098. Mayor Pro Tem Horak discussed the history behind the necessity for this item and stated there are capital expansion fees for Poudre Fire Authority. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Poppaw, Overbeck, Campana and Cunniff. Nays: none. THE MOTION CARRIED. December 3, 2013 448 Other Business Councilmember Troxell requested Council support to revisit the e-bike discussion regarding their use on the City’s rights-of-way and trails. He received such support. Adjournment The meeting adjourned at 8:15 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk