Loading...
HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 09/16/2014 - COMPLETE AGENDACity of Fort Collins Page 1 Karen Weitkunat, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Gino Campana, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson Interim City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting September 16, 2014 6:00 PM Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring September as Suicide Awareness Month. B. Proclamation Declaring September 15-21, 2014 as Drive Electric Week. C. Proclamation Declaring September 20, 2014 Cemetery Stroll Day, with the theme of "A Fort is Born". D. Proclamation Declaring September 17-23 as Constitution Week. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL City of Fort Collins Page 2  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals who wish to make comments regarding items scheduled on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ● State your name and address for the record ● Applause, outbursts or other demonstrations by the audience is not allowed ● Keep comments brief; if available, provide a written copy of statement to City Clerk  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the August 19 and September 2, 2014 Regular Council Meetings and the September 9, 2014 Adjourned Meeting The purpose of this item is to approve the minutes from the August 19 and September 2, 2014 Regular Council Meetings and the September 9, 2014 Adjourned Meeting. City of Fort Collins Page 3 2. Second Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues. This Ordinance, adopted unanimously on First Reading on September 2, 2014, updates a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments and new land use provisions. The Land Use portions of the agreement are intended to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. 3. Second Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the City Code Pertaining to the Rules for Civil Infractions. This Ordinance, unanimously adopted on First Reading on September 2, 2014, transfers civil infraction payment processing functions to the Municipal Court from Neighborhood Services and the Forestry Division in order to more efficiently process and track those citations and reduce redundancy since the Municipal Court is better equipped to handle this function. 4. Second Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. This Ordinance, unanimously adopted on First Reading on September 2, 2014, requests a twelve- month extension of the Planned Development Overlay District pilot to September 9, 2015. 5. Second Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. This Ordinance, unanimously adopted on First Reading on September 2, 2014, appropriates $314,903 in Safe Routes to School grant funding to design and build a new multi-use path along Lindenmeier Road serving Tavelli Elementary School. 6. Items Relating to Larimer County’s Request for Right-of-Way and Temporary Construction Easements Across Five City Properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street Widening and Cache la Poudre Bridge Replacement. A. Second Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on McMurry Natural Area to Larimer County. B. Second Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County. C. Second Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on Poudre River Trail Property to Larimer County. D. Second Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Property Located at 812 North Shields Street to Larimer County. E. Second Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Railbanking Property to Larimer County. City of Fort Collins Page 4 These Ordinances, unanimously adopted on First Reading on September 2, 2014, convey permanent rights-of-way and temporary construction easements to Larimer County for improvements related to the North Shields Street widening and Cache la Poudre River bridge replacement. 7. First Reading of Ordinance No. 124, 2014, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring and Appropriating Funds from the Community Development and Neighborhood Services Operating Budget for the Restorative Justice Program. The purpose of this item is to appropriate grant money to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required cash match is 25% or $18,730. This will be met by appropriating $11,170 in funds from the Community Development and Neighborhood Services operating budget designated for restorative justice. In addition, $7,560 cash match is designated from the Eighth Judicial District Probation Department in the form of donated staff time of the Probation restorative justice specialist. The Probation staff co-coordinates the RESTORE Program with the RJS program director. 8. First Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code to Conform the Text to Previously Adopted Revisions. The purpose of this item is to expand prohibited uses in Section 1.3.4 of the Land Use Code to include the full scope of retail and medical marijuana uses that was defined in Ordinance No. 042 that were not included in Ordinance No. 086. 9. First Reading of Ordinance No. 126, 2014, Designating the Bode Property, 220 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Colleen Scholz, is initiating this request for Fort Collins Landmark designation of the Bode Property at 220 Remington Street. 10. First Reading of Ordinance No. 127, 2014, Designating the Juan and Mary Barraza Property, 412 Wood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Mary Barraza, is initiating this request for Fort Collins Landmark designation of the Juan and Mary Barraza Property at 412 Wood Street. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS A. Old Town Square Renovation Plan.  COUNCILMEMBER REPORTS City of Fort Collins Page 5  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (five minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 11. Second Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. (staff: Lindsay Kuntz, Helen Matson; no staff presentation; 10 minute discussion) This Ordinance, adopted on September 2, 2014, by a vote of 5-1 (Nays: Overbeck; Poppaw absent) authorizes the conveyance of easements to the City of Greeley across the City property known as the City Ditch. The City of Greeley is acquiring necessary easements for its Greeley Bellvue Pipeline Project. Greeley has requested easements for its project across a strip of property owned by the City’s Utility Department extending south from the Poudre River. The property lies outside City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. 12. First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons Cultivating Marijuana in Non-Residential Structures. (staff: Ginny Sawyer; 2 minute staff presentation; 15 minute discussion) The purpose of this item is to prohibit two or more people from growing marijuana in a non- residential structure without having complete physical separation within the structure. Marijuana grown by caregivers and for personal use is not tracked or inventoried. The proposed ordinance is recommended by staff in an effort to prevent large, unregulated marijuana grows.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS  ADJOURNMENT A. Council will consider a motion to adjourn to Tuesday, September 23, 2014, at 6:00 p.m. City of Fort Collins Page 6 Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, Larimer County lost 62 individuals to suicide in 2013; and WHEREAS, over the last ten years more than 500 people have died by suicide in Larimer County; and WHEREAS, suicide permeates all demographic boundaries and causes extreme suffering, grieving, and pain that affects families, schools and communities; and WHEREAS, many of the social, demographic, biological, clinical, and behavioral risk factors for suicide are known, and many promising strategies exist to prevent suicide; and WHEREAS, the risk for human self-destruction can be reduced through awareness, education and treatment making it necessary to regard suicide as a major health problem and to support educational programs, research projects, and services providing support and resources to those who have lost a loved one to suicide; and WHEREAS, the Alliance for Suicide Prevention’s mission is to prevent suicide by raising awareness, educating and training youth and adults about depression and suicide and providing resources and support to those who have been impacted; and WHEREAS, events and presentations are planned for the month of September to help educate Poudre School District students, faculty, staff, parents, and others about suicide and promote awareness of available resources. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the month of September as SUICIDE AWARENESS MONTH in the city of Fort Collins. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: ____________________________ City Clerk Packet Pg. 7 PROCLAMATION WHEREAS, plug-in electric vehicles offer consumers significant economic savings, environmental benefits, and help to decrease our nation’s dependency on oil; and WHEREAS, the week of September 15-21, 2014, has been declared National Drive Electric Week, a weeklong celebration with to showcase and highlight benefits of the wide variety of plug-in electric vehicles; and WHEREAS, Drive Electric Northern Colorado, City of Fort Collins, City of Loveland and Colorado State University are working together to create a model to accelerate the adoption and purchase of plug-in electric vehicles in Northern Colorado; and WHEREAS, the community is encouraged to join in National Drive Electric Week and experience a plug-in electric vehicle first-hand at local events such as an EV Cookout with the Colorado State Vehicle Innovation Team on September 16, 11 a.m.-2 p.m. on the Colorado State Campus; a celebration at Fossil Ridge High School on September 17, 3:15-5:15 p.m.; and the Sustainable Living Fair on September 20-21, from 10 a.m.-7 p.m., in Legacy Park. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of City Fort Collins, do hereby proclaim the week of September 15-21, 2014 as DRIVE ELECTRIC WEEK and encourage our community to participate in nationally recognized Drive Electric Week events. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of September A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, 150 years ago, on August 20, th Colonel William Oliver Collins signed special Order #1, creating Fort Collins, which was to be “….a permanent post on the Cache La Poudre” and was established to protect the Overland Stage Line with its cargo of mail and gold; and WHEREAS, this date is traditionally celebrated as the “birth announcement” of the city; and WHEREAS, each year, the Cemetery Stroll, the City’s longest running living history event, sponsored by the City of Fort Collins Senior Center, honors several individuals resting at Grandview Cemetery; and WHEREAS, this year’s theme for the Cemetery Stroll is “In the Shadow the Civil War - a Fort is Born”. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim September 20, 2014 as A FORT IS BORN DAY in the city of Fort Collins and encourage the citizens of this community to honor the memory of the contributions of those who built and defended our Fort, by attending the City’s oldest and biggest living history event, the Cemetery Stroll, at Grandview Cemetery. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, it is the privilege and duty of the American people to commemorate the anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies; and WHEREAS, September 17, 2014 marks the two hundred and twenty-seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law No. 915 guarantees the issuing of a proclamation each year by the President of the United States of America, designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim September 17 through 23, 2014 to be CONSTITUTION WEEK in Fort Collins, and ask our citizens to reaffirm the ideals the framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Wanda Nelson, City Clerk SUBJECT Consideration and Approval of the Minutes of the August 19 and September 2, 2014 Regular Council Meetings and the September 9, 2014 Adjourned Meeting EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the August 19 and September 2, 2014 Regular Council Meetings and the September 9, 2014 Adjourned Meeting. ATTACHMENTS 1. August 19, 2014 (PDF) 2. September 2, 2014 (PDF) 3. September 9, 2014 (PDF) Packet Pg. 11 City of Fort Collins Page 361 August 19, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak ABSENT: None Staff Members Present: Atteberry, Nelson, Daggett.  AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Mike Beckstead will present a brief staff report regarding the status of the mall project.  CITIZEN PARTICIPATION Mel Hilgenberg, 172 North College, announced community events, suggested the City and County partner to recycle residential trash and supported the Give Smart initiative. Kevin Pass, 1150 St. Germain Drive, stated the asphalt plant on Taft Hill Road needs additional monitoring. Megan Williams, 3000 South Taft Hill, read a letter to Council from the West Nile Virus Technical Advisory Committee expressing concern regarding Larimer County’s decision to adulticide within city limits. Dana Kunze, 2206 West Prospect Road, continued reading the letter from the West Nile Virus Technical Advisory Committee. Julia MacMillan, 1301 Lawrence Drive, expressed concern regarding the draft air permit for Martin Marietta’s asphalt plant on Taft Hill Road. Nancy York, 130 South Whitcomb, urged Council to act to restore the 5-year moratorium on fracking that was overturned by a judge. John Anderson, Fort Collins resident, discussed the importance of moral courage and stewardship. Desiree Fiske, 334 East Mulberry, showed slides opposing the public education campaign proposed by the Social Sustainability Department regarding the Give Smart anti-panhandling program. Lucy Trup, 2125 Stonecrest, expressed concern regarding the draft air permit for Martin Marietta’s asphalt plant on Taft Hill Road. Jeremy Woodard, Fort Collins resident, opposed the homeless sweeps being conducted by Fort Collins Police. Packet Pg. 12 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 362 Myles Crane, 5200 Parkway, discussed the erosion and stormwater issues with Mail Creek. Lauren DeQuasie, Fort Collins resident, read a letter from a homeless individual opposing the homeless sweeps being conducted by Fort Collins Police. Karen Hare, 1352 Northern Court, expressed concern regarding the asphalt plant on Taft Hill Road. Jerry Letow, Fort Collins resident, stated he is currently homeless and opposed the homeless sweeps being conducted by Fort Collins Police. Bob Hare, 1352 Northern Court, expressed concern regarding the asphalt plant on Taft Hill Road stating truck traffic in the area has drastically increased. Zachariah Humbert, Fort Collins resident, opposed the homeless sweeps being conducted by Fort Collins Police. Brian Simpson, Fort Collins resident, expressed concern regarding the asphalt plant on Taft Hill Road. Brandi Williams, Fort Collins resident, opposed the use of police for social services. Val Vogeler, 520 North Taft Hill Road, opposed the asphalt plant on Taft Hill Road. Jamie Newlin, Fort Collins resident, stated he is homeless and opposed the homeless sweeps being conducted by Fort Collins Police. Rich Stave, 5410 Fossil Ridge Drive, stated he is hopeful regarding the Mail Creek project progress. Kelly Ohlson, 2040 Bennington Circle, read a statement expressing concern regarding pressure placed on City staff to cut corners on development policies. Glen Colton, 625 Hinsdale Drive, continued reading Mr. Ohlson’s statement. Karen Rose, 5200 Parkway Circle, expressed concern that Mail Creek has been studied three times and requested a budget and timeline for the project. Mike Pruznick, 636 Castle Ridge Court, discussed rape occurrences in the City's parks and natural areas and stated the mall contract should be cancelled for cause. Cody Fry, Fort Collins resident, stated he is transient and opposed the homeless sweeps being conducted by Fort Collins Police. Cheryl Distaso, Fort Collins Community Action Network, supported the West Nile Virus Technical Advisory Committee's letter and concerns, opposed the asphalt plant, and opposed the homeless sweeps being conducted by Fort Collins Police and the anti-panhandling campaign. Thomas Edwards,1101 South Bryan Avenue, expressed concern regarding the effects of CSU students on Avery Park. Packet Pg. 13 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 363  CITIZEN PARTICIPATION FOLLOW-UP Mayor Weitkunat requested information regarding the City’s role in the permitting process for the Martin Marietta asphalt plant. City Manager Atteberry replied the Air Quality Advisory Board will be considering the issue prior to Council’s consideration in September, and he suggested Council defer a full conversation until that time. He noted City staff has paid very close attention to the issues and acknowledged the City does have a contract with Martin Marietta to provide materials for the Street Pavement Management Program. Mayor Weitkunat requested information regarding the County’s adulticide spraying. City Manager Atteberry replied the spraying has occurred in the southeast part of town and commended the City’s integrated pest management policy. He has called Dr. LaBailly and has spoken with the County Manager regarding making more systemic decisions regarding spraying in the future. Councilmember Overbeck thanked the Technical Advisory Committee for its input and commended its work. Councilmember Cunniff shared the concern regarding the County's decision to spray and its lack of public outreach. Councilmember Troxell expressed concern regarding the lack of process to County Commissioner Gaiter and suggested the City readdress its own policies with respect to West Nile Virus. Mayor Weitkunat requested information regarding the homeless issues. Bruce Hendee, Chief Sustainability Officer, replied staff recognizes the difficulty in enforcing homeless camping regulations. He stated the City is working with several non-profits to develop a plan which will be brought before Council in the coming months. Mary Atchison, Social Sustainability Director, discussed issues regarding housing and possible crimes against homeless women. She stated the community education campaign regarding panhandling was heavily researched. Councilmember Poppaw suggested the campaign should be pulled back until Council has an opportunity to examine it. Additionally, she expressed concern that there is not enough housing in the community and tickets should not be issued until an alternative can be offered. Councilmember Overbeck expressed concern regarding the campaign and asked if safe zones for the overflow of homeless individuals are being considered. Atchison replied many alternatives are being considered, including opening space in churches, safe camping zones, tiny home villages, and dorm-like space. Councilmember Poppaw noted she has received compliments regarding some of the officers patrolling the downtown area. City Manager Atteberry expressed support for the officers and other staff members who have been dealing with the homeless issue and stated Council expectations need to be made clearer. Councilmember Cunniff suggested the panhandling campaign may need to be reconsidered. Packet Pg. 14 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 364 Councilmember Campana stated the solution to this issue will need to involve the entire community and encouraged additional dialogue. Councilmember Troxell commended the efforts of officers dealing with homeless individuals. Mayor Pro Tem Horak noted the Mail Creek project could be discussed during the upcoming budget cycle. Councilmember Campana discussed his status as a developer and stated he has filed a conflict of interest should the issues discussed by Mr. Ohlson and Mr. Colton come before Council. Mayor Pro Tem Horak noted Mr. Ohlson's concerns had been expressed at a listening session and requested an additional discussion with the City Manager. (Secretary's note: Councilmember Campana left the Council Chambers at this point in the meeting due to his conflict of interest.) City Manager Atteberry stated he has never fielded any type of comment regarding favoritism being shown to a particular Councilmember and took exception to the accusations made by Mr. Ohlson. He detailed the issue raised by Councilmember Campana in his role as a developer and the City response thereto. Council was not made aware of the use of outside counsel for a Code interpretation likely due to the unexpected passing of City Attorney Roy. Councilmember Cunniff discussed the need for policies to aid in these types of situations.  CONSENT CALENDAR Councilmember Overbeck withdrew Item No. 13 Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second Annexations from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. (Secretary's note: Councilmember Campana was out of Chambers at the time of this vote.) RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Troxell, Cunniff, Horak AWAY: Campana 1. Consideration and Approval of the Minutes of the July 1 and July 15, 2014 Regular Council Meetings, the July 8, 2014 Special Council Meeting and the July 22, 2014 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the July 1 and July 15, 2014 Regular Council meetings, the July 8, 2014 Special Council meeting and the July 22, 2014 Adjourned Council meeting. Packet Pg. 15 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 365 2. Second Reading of Ordinance No. 101, 2014, Amending Article XII of Chapter 23 of City Code Relating to Art in Public Places. (Adopted) This Ordinance, unanimously adopted on First Reading on July 15, 2014, amends Article XII of Chapter 23 of the City Code relating to Art in Public Places. This Ordinance increases the threshold for art projects requiring City Council approval from $10,000 to $30,000. During First Reading, Council changed the threshold amount from $60,000 to $30,000. 3. Second Reading of Ordinance No. 102, 2104, Amending the Fort Collins Traffic Code Regarding Payment of Fares for Use of Public Transportation Vehicles. (Adopted) This Ordinance, unanimously adopted on First Reading on July 15, 2014, amends the Traffic Code to address fare payment requirements on public transportation and provides due process of fare violations through Municipal Court. 4. Second Reading of Ordinance No. 103, 2014, Authorizing the Conveyance of a Non-Exclusive Waterline Easement and Temporary Construction Easement on City Property to the North Weld County Water District and the East Larimer County Water District. (Adopted) This Ordinance, unanimously adopted on First Reading on July 15, 2014, authorizes the conveyance of easements on City Property to the East Larimer County Water District and the North Weld County Water District for their NEWT II Water Transmission Pipeline Project. The East Larimer County Water District and North Weld County Water District have begun the second phase of a multi-phase water transmission pipeline project for the purposes of conveying treated water from the Districts’ Soldier Canyon Filter Plant to their drinking water distribution systems. The alignment of the pipeline will cross a section of the City Property, located east of Taft Hill Road and north of Vine Drive, which is managed by the City Park Planning Department. As such, the Districts have requested a waterline easement from the City for their project. 5. Second Reading of Ordinance No. 104, 2014, Authorizing the Conveyance of a Non-Exclusive Utility Easement on City Property to the Nunn Telephone Company. (Adopted) This Ordinance, unanimously adopted on First Reading on July 15, 2014, authorizes the conveyance of a non-exclusive easement to Nunn Telephone Company for the purpose of installing a fiber-optic connection to an AT&T fiber regeneration hut that is located on a portion of the Meadow Springs Ranch. The proposed easement is 10 feet wide and approximately 690 feet long and would be placed immediately adjacent to an existing access road. 6. Second Reading of Ordinance No. 105, 2014 Amending Section 2-581 of the City Code and Setting the Compensation of the Interim City Attorney. (Adopted) This Ordinance, unanimously adopted on First Reading on July 15, 2014, establishes the salary and compensation provided the interim City Attorney while she serves in this capacity. 7. Items Relating to the Vida Sana Grant. (Adopted) A. Resolution 2014-066 Authorizing The City Manager To Execute A Grant Agreement With The Poudre Valley Health Systems Foundation For Delivery Of Vida Sana Project Programming B. First Reading of Ordinance No. 106, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Grant. The purpose of this item is to approve the sub-grant agreement and appropriate sub-grant funds from the Colorado Department of Public Health and Environment, through the Poudre Valley Health System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO), for the Vida Sana program to eliminate racial and ethnic disparities in access among Latino/Hispanic community members to healthy lifestyle counseling and programs. Specific interventions include Packet Pg. 16 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 366 increasing access to facilities providing physical activity; providing social support to increase physical activity; and implementing a community wide campaign for increasing physical activity that will be carried out by partner agencies. 8. First Reading of Ordinance No. 107, 2014, Amending Ordinance No. 121, 2013, Regarding Minimum Parking Requirements in the Transit-Oriented Development Overlay Zone District to Extend Its Termination Date. (Adopted) The purpose of this agenda item is to request a 90-day extension of the temporary parking requirements in the TOD Overlay Zone. The ordinance (Ord. No. 121, 2013) expires on September 13, 2014. The Planning and Zoning Board is requesting more time to evaluate recommendations from the TOD Parking Study. New parking requirements are anticipated to replace the temporary parking ordinance. The Planning and Zoning Board will consider this item at its September 11, 2014 meeting. City Council will formally consider the TOD Parking Study on First Reading on October 7 and Second Reading on October 21. 9. First Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project. (Adopted) The purpose of this item is to establish a reimbursement rate for the energy that will be produced through the Fort Collins Community Solar Project (solar farm). The proposed reimbursement rate is consistent with recent changes in the rooftop net-metering reimbursement rate, adopted in Ordinance No. 067, 2014. Like the rooftop net-metering customers, participants in the solar farm, who purchase an interest in the solar farm, will be reimbursed for every kilowatt-hour of energy produced at a rate of $0.0714 per kWh (the combination of the Summer Tier 1 rate of $0.0583 per kWh and one half the facilities charge rate - $0.0131 per kWh). The difference between the two rates is that, because participants in the Fort Collins Community Solar Project will need to fully utilize the distribution infrastructure to deliver all of their household energy, the additional payment the facilities charge portion of the rate is proposed to be only half of that being given to rooftop net- metering customers. 10. First Reading of Ordinance No. 109, 2014, Authorizing the Mayor to Execute a Lease Agreement with Clean Energy Collective, LLC for the Use of City Property for a Community Solar Garden Project with an Associated Access Easement. (Adopted) The purpose of this item is to authorize the lease of City property located at 500 Riverside Avenue to Clean Energy Collective, LLC (through its subsidiary, CEC Solar #1038, LLC), to build and operate a community solar farm project, including an access easement to enter the property from the Wastewater plant entry road on Mulberry Street. The City has entered into a Power Purchase Agreement with Clean Energy Collective, LLC (CEC) to develop a community solar project in Fort Collins. The City property located at 500 Riverside Avenue was determined by staff and CEC to be a feasible site for the location of the project. To facilitate the development of the solar garden, CEC has requested a lease agreement for the use of the City’s property for a period of 25 years for the building and operation of the solar farm project. 11. First Reading of Ordinance No. 110, 2014, Authorizing the Exchange of a 9.33 Acre Portion of the Timberline Substation Property from the Electric Utility for a Comparably-Valued 3.03 Acre Site from the Parks Department. (Adopted) The purpose of this item is to authorize the exchange of portions of property at the Timberline Substation property between the Utility Department and the Parks Department. The City of Fort Collins owns a parcel of land at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). The Utility Department owns 19.92 acres of the City Property of which 7.43 acres are used for substation purposes. The Parks Department desires to develop a 9.33-acre portion of the property owned by Utilities for recreation purposes and has proposed to acquire this portion from the Utility Department. The Parks Packet Pg. 17 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 367 Department intends to maintain the property as a disc golf course. The Utility Department has determined that the proposed conveyance and recreation use will not adversely impact the portion of the City Property used for utility purposes. In exchange, the Utility Department desires to acquire a 3.03 acre portion of the City Property which is owned by the Parks Department. This Ordinance authorizes the exchange of the properties between the Utility Department and Parks Department, recognizing that no funds will need to be paid between the departments, based on the comparable values of the two parcels, existing encumbrances on the 9.33-acre parcel, the value of all access reservations retained by the Utilities Department, the beneficial use each will realize in the land it acquires, and the value of additional services the Utility Department will provide to the Parks Department. 12. First Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access Easement on City Property to Public Service Company of Colorado. (Adopted) The purpose of this item is to authorize the conveyance of a shared access easement to Public Service Company of Colorado for an access road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a property at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road which is surrounded on three sides by the City Property. The access to the two properties is by means of an existing driveway located on Timberline Road of which a portion falls on to each property. In order to establish an easement of record for the allowed use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance of a shared access easement allowing both parties the right to use the driveway for access purposes. 14. Resolution 2014-069 Authorizing a License to Enter to the Fort Collins Fire Museum Foundation for Access to City-Owned Property at 330 North Howes Street for Up to Two Years. (Adopted) The purpose of this item is to authorize the Fort Collins Fire Museum Foundation to use a portion of the City's Car Barn for restoring historic fire equipment belonging to the City and Poudre Fire Authority (PFA). This License to Enter is effective for up to two years, but can also be terminated by either party at any time. 15. Resolution 2014-070 Authorizing Intergovernmental Agreements with the United States Fish and Wildlife Service Regarding Reintroducing Endangered Black-Footed Ferrets to Soapstone Prairie Natural Area and Meadow Springs Ranch. (Adopted) The purpose of this item is to approve by resolution various agreements with the United States Fish and Wildlife Service (USFWS) that allow the City to reintroduced endangered black-footed ferrets to Soapstone Prairie Natural Area and Meadow Spring Ranch. The City of Fort Collins implemented a black-tailed prairie dog management plan on Soapstone Prairie Natural Area (Soapstone) and Meadow Springs Ranch (Meadow Springs) with a goal of reintroducing the federally endangered black footed ferret onto the properties (ferrets predate on prairie dogs almost exclusively). The prairie dog plan was implemented in cooperation with the U.S. Fish and Wildlife Service (USFWS) and Colorado Parks and Wildlife (CPW) and resulted in the selection of the City-owned properties as a new ferret recovery site in 2014 by USFWS. In addition, the City worked with State Representative Randy Fischer to introduce and pass HB14-1267 allowing for the reintroduction of ferrets to occur. One requirement of the legislation is that reintroduction of the species must be done in accordance with a Programmatic Safe Harbor Agreement (Safe Harbor) with USFWS. The Certificate of Inclusion into the Safe Harbor and accompanying City of Fort Collins Black-footed Ferret Reintroduction Plan for Soapstone Prairie Natural Area and Meadow Springs Ranch are considered Intergovernmental Agreements and require City Council approval by resolution. Packet Pg. 18 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 368 16. Resolution 2014-071 Authorizing the Assignment of the City's Private Activity Bond Allocation for 2014 to the Fort Collins Housing Authority to Finance the Rehabilitation of Affordable Housing Units at the Villages at Cunningham Corner. (Adopted) The purpose of this item is to assign the City's 2014 Private Activity Bond Allocation (PAB) in the amount of $7,408,350 to the Fort Collins Housing Authority (FCHA) for the purpose of affordable housing rehabilitation. Specifically, the bond proceeds will be used to finance the rehabilitation of 284 affordable housing units located at the Villages on Cunningham Corner. Annually, the state allocates a portion of its ceiling for PAB to the City. If the City does not use or assign this allocation, it is returned to the state on September 15. The City will not incur debt and this will not affect the City's credit rating. There have not been any other requests to use the 2014 PAB allocation. 17. Resolution 2014-072 Approving an Intergovernmental Agreement Between the City of Fort Collins, Platte River Power Authority, the Town of Estes Park, the City of Longmont, and the City of Loveland for Demand Side Management Program Coordination. (Adopted) The purpose of this item is to formalize the joint funding of demand side management (aka energy efficiency and conservation) (DSM) programs between the City of Fort Collins and Platte River Power Authority (Platte River). Jointly developed efficiency programs which are administered by Platte River require supplemental or directive funding from Fort Collins Utilities on behalf of Fort Collins customers. This intergovernmental agreement (IGA) formalizes the authority to provide additional funding via a purchase order process between the City and Platte River. The IGA is a joint document between Platte River, Fort Collins, Loveland, Longmont and Estes Park. 18. Resolution 2014-073 Approving Expenditures from the Art in Public Places Reserve Account to Commission an Artist to Create Art for the Senior Center Expansion Project. (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account to commission an artist to create art for the APP Senior Center Expansion Project. The expenditure of $50,238 will be for design, materials, fabrication, installation and contingency for an artist- designed steel art panel to be located in the main lobby of the Senior Center, and for artist-designed concrete form liners to be used on an exterior seat wall at this site. 19. Resolution 2014-074 Appointing Two Representatives to the Colorado Municipal League Policy Committee. (Adopted) The purpose of this item is to appoint Councilmember Wade Troxell and City Manager Darin Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee.  END CONSENT  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested an assessment of whether the Poudre River buffer standards are being met with regard to the project referenced in Item No. 10, First Reading of Ordinance No. 109, 2014, Authorizing the Mayor to Execute a Lease Agreement with Clean Energy Collective, LLC for the Use of City Property for a Community Solar Garden Project with an Associated Access Easement. Additionally, he requested revenue assessments regarding the proposed cutbacks with regard to Item No. 9, First Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project, prior to Second Packet Pg. 19 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 369 Reading. Bruce Hendee, Chief Sustainability Officer, replied staff worked extensively with the Utility and Natural Areas Departments to ensure Poudre River buffers were met. Councilmember Troxell supported Item No. 14, Resolution 2014-069 Authorizing a License to Enter to the Fort Collins Fire Museum Foundation for Access to City-Owned Property at 330 North Howes Street for Up to Two Years and Item No. 17, Resolution 2014-072 Approving an Intergovernmental Agreement Between the City of Fort Collins, Platte River Power Authority, the Town of Estes Park, the City of Longmont, and the City of Loveland for Demand Side Management Program Coordination. Additionally, he stated he is looking forward to serving another term on the Colorado Municipal League Policy Committee. Mayor Weitkunat discussed Item No. 15, Resolution 2014-070 Authorizing Intergovernmental Agreements with the United States Fish and Wildlife Service Regarding Reintroducing Endangered Black-Footed Ferrets to Soapstone Prairie Natural Area and Meadow Springs Ranch, stating Black-Footed Ferrets will be released at Soapstone on September 3 rd .  STAFF REPORTS Mike Beckstead, Chief Financial Officer, discussed a second amendment to the mall redevelopment agreement and stated bonds should be offered through the Metro District shortly. The amendment addresses the height of the underpass, the cost of the activity center, leasing, and moving costs within the original estimate. Councilmember Cunniff asked when the second tranche will be available. Beckstead replied the tranche levels that were specified in the first amendment are still in effect. Councilmember Cunniff requested a list of leases.  COUNCILMEMBER REPORTS Councilmember Cunniff reported on a meeting with Congressman Jared Polis regarding energy policies.  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Mayor Weitkunat stated the Council-pulled Consent Item No. 13 will be considered after Item No. 23.  DISCUSSION ITEMS 20. Second Reading of Ordinance No. 100, 2014, Appropriating Prior Year Reserves in the General Fund to Fund High Priority Security Enhancements. (Adopted) This Ordinance, adopted on First Reading on July 15, 2014, by a vote of 5-1 (Nays: Cunniff) appropriates funds to address high priority security findings identified by a comprehensive security assessment of City buildings. Funding is requested to implement enhancements to address the high priority findings identified in a 2013/2014 City building security assessment performed by Lyon & Associates. Funding will be directed to access control, alarm systems, internal public address systems, security cameras, and minor remodels to increase security workspace hardening. For Second Reading, the amount has been decreased to $190,360 because it was determined that two servers were not required. Packet Pg. 20 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 370 Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 100, 2014, on Second Reading. Councilmember Cunniff stated he would not support the motion as a more appropriate time to discuss this issue would be during budget discussions. Mayor Pro Tem Horak stated this item deals with an overriding security concern for front line staff members. The vote on the motion was as follows: Yeas: Weitkunat, Overbeck, Poppaw, Campana, Troxell and Horak. Nays: Cunniff. THE MOTION CARRIED. RESULT: ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Lisa Poppaw, District 2 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Horak NAYS: Cunniff 21. Items Relating to Disposable Bags. (Adopted Ordnance No. 099 as Amended on Second Reading) A. Second Reading of Ordinance No. 099, 2014, Amending Chapter 12 of the City Code to Establish Regulations Regarding Disposable Bags. (Option 1) B. First Reading of Ordinance No. 112, 2014, Amending Chapter 12 of the City Code to Establish Regulations Regarding Disposable Bags (Option 2) At the May 13, 2014 Work Session, City Council directed staff to prepare an ordinance to reduce the number of disposable bags distributed by grocery stores at checkout registers. On July 1, Ordinance No. 099, 2014 was adopted by a vote of 5-2 (nays: Weitkunat, Troxell) on First Reading. Council directed staff to postpone Second Reading of Ordinance No. 099, 2014 to August 19, to allow more time for Councilmembers to review public input on disposable bags. An informational meeting held July 30 (attended by 50-60 people) allowed the public to receive answers from staff and Councilmembers on specific questions regarding the proposed ordinance. The “Option 2” ordinance has also been developed for Council’s consideration. Option 2 has been written at the request of multiple Councilmembers to take a new approach at an ordinance that could help reduce the use of disposable bags in Fort Collins. Bruce Hendee, Chief Sustainability Officer, noted an additional option has been added since First Reading. Susie Gordon, Senior Environmental Planner, stated Council will be considering Ordinance No. 099, 2014, on Second Reading and Ordinance No. 112, 2014, on First Reading. She discussed the history of the issue and the approval of Ordinance No. 099, 2014 on First Reading. Additionally, Gordon discussed Ordinance No. 112, 2014 and its differences from Ordinance No. 099, 2014. The following citizens supported adoption of Ordinance No. 099, 2014: Packet Pg. 21 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 371 David Roy, 2016 Evergreen Court Kevin Cross, Fort Collins Sustainability Group Gail Marie Kimmel, 331 Park Street Nancy York, 130 South Whitcomb Cheryl Distaso, Fort Collins Community Action Network Rob Kagen, Natural Resources Advisory Board Bob Mann, Natural Resources Advisory Board Tim Johnson, Fort Collins resident The following citizens opposed the adoption of both Ordinances: David Steinmetz, 4936 Smallwood Court Kathleen Bailey, 934 East Ridgecrest Road Chris Kelley, Fort Collins resident Duane Jansen, 617 Hillview Court Mary Beth Snyder, 630 North Briarwood Jonathan Barnes, Fort Collins resident Rob Kaczanowski, 720 Bentley Place Sean Yeldell, Fort Collins resident Mike Vandle, Fort Collins resident Rudy Zitti, 1626 Fantail Court Mary Lou Chapman, Rocky Mountain Food Industry Association Mike Pruznick, 636 Castle Ridge Court Jim Ling, 6575 Rookery Road Tim Bessler, 4443 Starflower Drive John Primsky, 1907 Catkins Court Heather Wolhart, 2520 Constitution Avenue Cathy Zitti, 1626 Fantail Court Lisa Gechter, Fort Collins resident Nila Croll, 7306 Vardon Way Ed Haynes, 1300 Patterson Place Allison Wollen, Fort Collins resident Jeff Bailey, Citizens Against Bag Taxes (Secretary’s note: The Council took a brief recess at this point in the meeting.) Councilmember Campana asked about the results of a Brindle Group study. Gordon replied the report was a policy analysis of various approaches and the study determined that relative to bans, it is not as effective to charge a bag fee. Councilmember Troxell commended the report staff prepared regarding the City’s use of plastic bags. City Manager Atteberry stated the City needs to lead by example and supported Council giving direction to reduce bag use within the organization. Councilmember Troxell asked how many establishments will be affected with the passage of Ordinance No. 112, 2014. Hendee replied staff would need additional research time in order to respond with more precision. Packet Pg. 22 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 372 Councilmember Troxell requested a waste stream analysis and questioned whether either of these Ordinances will accomplish their goals. Mayor Weitkunat asked how many businesses would be impacted by the passage of Ordinance No. 099, 2014. Gordon replied there are about 25 grocery stores in Fort Collins which would be impacted. Mayor Weitkunat suggested the possibility of eliminating the exemption for individuals receiving federal assistance given legislation that does not allow discrimination based on income. Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 099, 2014, on Second Reading. Councilmember Cunniff stated there has been more research regarding the impacts of this option as opposed to Ordinance No. 112, 2014. He made a motion, seconded by Councilmember Poppaw, to amend Ordinance No. 099, 2014 to strike Section 12.140 and the reference to the same in Section 12.148(4), and to modify Section 12.139(2) by replacing the language to read “any revenue derived in excess of actual cost of administration and cost of the disposable bags shall be used to procure and distribute to eligible customers free of charge reusable bags” and adding an item 4 stating that “eligible customers for free reusable bags shall consist of those customers who provide proof that he or she is a participant in a federal or state food assistance program to the extent permissible under the relevant program.” Councilmember Cunniff discussed the intent behind his proposed amendment. Councilmember Campana discussed his meeting with the Rocky Mountain Food Industry Association and stated they would like the bag fee to be applicable to all retail stores, would like to have the City generate uniform education pieces, and oppose administering excess revenue from the bag fee. Mayor Pro Tem Horak supported expanding the Ordinance to all retailers and supported aligning the fee with the actual amount of the cost, which is $0.04 or $0.05. The vote on the amendment was as follows: Yeas: Cunniff, Overbeck and Poppaw. Nays: Weitkunat, Campana, Troxell and Horak. THE MOTION WAS DEFEATED. Councilmember Troxell asked if a deposit rather than a fee was ever considered. Gordon replied there is no precedent for such a system; therefore the idea was never investigated further. Councilmember Cunniff opposed a deposit program for bags only in Fort Collins but supported the discussion of a statewide deposit system for various waste products. Councilmember Troxell opposed the existing two Ordinances as not being fully ready. Councilmember Campana stated the issue has had a significant amount of public outreach and discussed his support for the items in Ordinance No. 112, 2014; however, he stated he could support Ordinance No. 099, 2014 with slight changes, including reducing the fee to $0.05. Packet Pg. 23 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 373 Councilmember Cunniff suggested Council direct the City Manager to undertake a reduction in the number of plastic bags used by the City. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to amend the Ordinance to change references from food stores to retail stores, to change the fee amount from $0.10 to $0.05, to delete the section regarding rebates for individuals receiving state or federal food assistance, and to direct the City Manager to address the reduction of plastic bag use within the City organization and create a public education campaign. Mayor Pro Tem Horak suggested the City Attorney be given a few minutes to craft the amendment language. Mayor Weitkunat suggested proceeding to other items on the agenda during the time. Mayor Weitkunat opposed the excessive number of changes being made to Ordinance No. 099, 2014 and suggested it would be cleaner to start over with a new Ordinance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to table the discussion of Item No. 21 until the completion of the discussion of Item No. 25. Merrit Hartson, 4321 East County Road 48, stated the item should be tabled for more than ten minutes in order to allow the public to examine the changes. Rob Kaczanowski, 720 Bentley Place, noted retailers which would now be affected by this change are not represented and supported tabling the item to a point in the distant future. Kevin Cross, Fort Collins Sustainability Group, supported moving ahead with the amendment as it is incorporating components of Ordinance No. 112, 2014. Mary Beth Snyder, 630 North Briarwood, opposed the Ordinance amendment. Kathleen Bailey, Fort Collins resident, opposed the Ordinance amendment. Eric Levine, Fort Collins resident, supported the Ordinance and the amendment and noted the irregularity of allowing public comment following Council going into discussion. The vote on the motion was as follows: Yeas: Cunniff, Campana, Overbeck, Poppaw, Horak and Weitkunat. Nays: Troxell. THE MOTION CARRIED. (Secretary’s note: At this point in the meeting, the Council considered Item #25 Resolution 2014- 076 Creating a Council Committee to Make Recommendations to the Council, Commencing the Process to Select a Search Firm, and Adopting a Plan and Target Schedule for the Recruitment and Selection of a City Attorney and took a brief recess to allow the Interim City Attorney time to draft the requested amendments to Ordinance No. 099, 2014.) Mayor Pro Tem Horak asked for input regarding the inclusion of all retailers. Hendee replied the amended Ordinance was to include all retailers and discussed the staff concern with the ability to Packet Pg. 24 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 374 operationalize those changes all at one time. He stated staff is recommending implementation for grocers in 2015 with the additional retailers added in 2016. Councilmember Cunniff asked about including all retailers in a delayed implementation date of April 1, 2015. Hendee replied staff will work with any Council direction on the issue. Councilmember Troxell expressed concern the Ordinance has received too many amendments to go forward on Second Reading. City Attorney Daggett replied there is no specific Charter Code or procedural rule that limits the Council’s ability to amend an Ordinance between First and Second Reading. Ordinances are published by title and noted this title is quite broad and its meaning has not changed between readings, given the proposed amendments. Councilmember Troxell stated his objection remains. Mayor Weitkunat agreed with Councilmember Troxell and stated the amendments deserve the opportunity to receive public input. Councilmember Cunniff disagreed with the conclusion that the impact of the amended Ordinance differs from the impact of Ordinance No. 112, 2014. Mayor Pro Tem Horak requested staff recommendations regarding implementation dates. Hendee replied the grocery store industry is prepared for the change given the level of communication with staff; however, the retailers have not been part of the same communication loop. Councilmember Campana made a motion, seconded by Councilmember Overbeck, for a friendly amendment to change the implementation date to April 1, 2014. Mayor Pro Tem Horak and Councilmember Cunniff accepted the friendly amendment. The vote on the motion to amend was as follows: Yeas: Overbeck, Poppaw, Horak, Cunniff and Campana. Nays: Troxell and Weitkunat. THE MOTION CARRIED. Councilmember Cunniff discussed the global impact of plastic bags and stated this is an appropriate action to be taken by local government. Councilmember Troxell stated this action will cause incremental damage to the business community and to citizens. He encouraged the consideration of waste as a resource. Mayor Weitkunat opposed the direction stating there is no overwhelming immediacy behind enacting this fee at this time. She commended citizens’ voluntary efforts at reducing, reusing and recycling and stated the same outcome could have been achieved through education, eliminating the negative discourse throughout the community. Councilmember Campana stated this implementation does not prevent a systems approach to the waste stream, does not prevent the use of waste energy, does not prevent reuse and recycling, and does not prevent further education. He supported the use of this fee as an additional tool toward the road to zero waste. Packet Pg. 25 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 375 Mayor Pro Tem Horak suggested a friendly amendment to include a section requiring verbal consent from customers to purchase disposable bags in Section 138. Councilmembers Cunniff and Poppaw accepted the friendly amendment. RESULT: ORDINANCE NO. 099, 2014 ADOPTED AS AMENDED [5 TO 2] MOVER: Ross Cunniff, District 5 SECONDER: Lisa Poppaw, District 2 AYES: Overbeck, Poppaw, Campana, Cunniff, Horak NAYS: Weitkunat, Troxell Motion to Continue Meeting Past 10:30 PM Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to extend the meeting past 10:30 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 22. Resolution 2014-075 Naming a Loop Trail Within a New 31-Acre Natural Area and Restarting the Process for Selecting an Overall Name for the New Natural Area. (Adopted) The purpose of this agenda item is to restart the process with the Natural Areas Department and the Land Conservation and Stewardship Board to make a recommendation to Council of a name for a new 31-acre natural area on the Poudre River conveyed to the City by Woodward Governor and to name a loop trail within that natural area. John Stokes, Natural Resources Director, discussed the location and history of the Natural Area property and the Natural Areas naming policies. The ad hoc committee has suggested naming a loop trail within the natural areas as the Coy-Hoffman Loop. Wayne Sundberg, 1108 Lynnwood Drive, supported honoring the Coy name. Heather Wolhart, 2520 Constitution Avenue, stated she is a relative of John and Emily Coy and supported honoring the family name. She noted Coy Hoffman is her grandfather and is a different individual. Maxine Tamlin, Pioneer Association President, presented a petition to name the Natural Area to honor the Coy family. Myrne Watrous, 723 West Olive, opposed the naming of the trail Coy-Hoffman and opposed restarting the naming process. She supported naming the area the John and Emily Coy Homestead Natural Area. Carol Tunner, 1400 Wimbledon Court, stated the Hoffman family donated the land by the trail and supported naming the area to tie to the history of the land. Councilmember Troxell asked about the use of family names in Natural Area naming and questioned the descriptive use of the word "homestead." Councilmember Cunniff supported the loop trail naming. Packet Pg. 26 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 376 Mayor Weitkunat supported the addition of the word "homestead" and the inclusion of interpretive features on the loop trail to discuss the history of the area. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to adopt Resolution 2014-075, changing the name of the loop trail to the John and Emily Coy Homestead Loop Trail. Councilmember Cunniff supported the inclusion of interpretive features along the trail. Mayor Weitkunat encouraged the involvement of historical and cultural considerations in the naming of the Natural Area itself. City Attorney Daggett recommended Council consider a conforming change to the final Whereas clause. Councilmember Poppaw suggested a friendly amendment to that end. Councilmember Cunniff and Mayor Pro Tem Horak accepted the amendment. City Attorney Daggett recommended Council add a section to the Resolution regarding naming Natural Areas after families. Councilmember Poppaw suggested a friendly amendment to that end. Councilmember Cunniff and Mayor Pro Tem Horak accepted the amendment. RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak 23. First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues. (Postponed to September 2, 2014) The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments and new land use provisions. The Land Use portions of the agreement are intended to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. 24. Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second Annexations. (Postponed to September 2, 2014) A. Resolution 2014-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Clydesdale Park First Annexation. B. Resolution 2014-068 Finding Substantial Compliance and Initiating Annexation Proceedings for the Clydesdale Park Second Annexation. The purpose of this item is to initiate annexation proceedings for the existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested this annexation. In accordance with State law, the purpose of the Initiating Resolutions is to accept the Annexation Petitions and provide a schedule for upcoming Council hearings within a timeline that complies with State Statutes. Packet Pg. 27 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 377 25. First Reading of Ordinance No. 114, 2014, Appropriating Capital Project Funding in the Light and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Postponed to September 2, 2014) The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with $4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be appropriated with this ordinance. A Utility Building Team comprised of internal staff and external subject matter experts has worked with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to address the current building performance and space issues facing Fort Collins Utilities’ ongoing and future business operations. Balancing the city-wide goal to have high-performing office buildings with the need to be fiscally prudent has led the Building Team to recommend the two-pronged funding process proposed in this appropriation ordinance. The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share the costs of the projects. All appropriations will come from the existing reserves in these four funds. 25. Resolution 2014-076 Creating a Council Committee to Make Recommendations to the Council, Commencing the Process to Select a Search Firm, and Adopting a Plan and Target Schedule for the Recruitment and Selection of a City Attorney. (Adopted) The purpose of this item is to begin the City Attorney recruitment and selection process by: 1. creating a Council Committee to screen search firm candidates and make recommendations to the City Council regarding the search firm to be chosen and to make recommendations regarding other matters related to the City Attorney recruitment and selection process; 2. directing staff to develop and implement a request-for-proposal process for search firms to aid the Council Committee in its recommendation to City Council; and 3. adopting a detailed plan and target schedule for the recruitment and selection of the City Attorney. Janet Miller, Human Resources Director, discussed the Resolution and items for Council consideration. Councilmember Cunniff questioned the length of the process. Miller replied the timeline may seem long; however, the timeline is increased by the need to bring many of the items before Council and by the need for the engagement process for the recruiter. The timeline is similar to the City Manager search process as well as to Loveland's City Attorney process. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-076 with Mayor Weitkunat, and Councilmembers Campana and Troxell as members of the Council Committee. Councilmember Poppaw commended the willingness of the Councilmembers and Mayor to serve on the committee. Packet Pg. 28 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 378 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Poppaw, Campana, Troxell, Cunniff, Horak  ADJOURNMENT The meeting adjourned at 11:16 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 29 Attachment1.1: August 19, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 379 September 2, 2014 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM  ROLL CALL PRESENT: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw Staff Present: Atteberry, Daggett, Knoll  AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated an Executive Session will be considered under Other Business, which will follow the Skyview GID meeting.  CITIZEN PARTICIPATION Eric Sutherland, 3520 Golden Currant, discussed Item No. 3, Second Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project and opposed the fact time-of-use rates are not part of the Ordinance. Mel Hilgenberg, 172 North College, announced community events and discussed BOB 2. Kelley Richardson, Fort Collins Homeless Coalition, expressed concern regarding the treatment of homeless individuals in the city. Mike Pruznick, Fort Collins resident, requested assistance with street repairs in the Castle Ridge PUD. Bob Criswell, 300 Columbia Road, Citizens for Recycling Choices, opposed the plastic bag fee enacted by Council. Janice Lynne, 218 South Washington, supported an appeal of the court decision regarding fracking. Kelly Giddens, 3513 Westminster Court, Citizens for a Healthy Fort Collins, supported an appeal of the court decision regarding fracking. Elizabeth Hudetz, Fort Collins resident, Colorado Citizens Rights Network, supported an appeal of the court decision regarding fracking. John Primsky, 1907 Catkins Court, opposed the plastic bag fee implemented by Council. David Rout, Homeless Gear Executive Director, thanked the City for its proactive approach to West Nile and expressed concern regarding the distribution of bus passes to homeless individuals. Beverly Hill, 3605 Mead Street, opposed the plastic bag fee enacted by Council. Packet Pg. 30 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 380 Brendon (no last name given), supported an appeal of the court decision regarding fracking and discussed homelessness in the community. Charles Kop, 501 Hanna Street, supported an appeal of the court decision regarding fracking. Cheryl Distaso, Fort Collins Community Action Network, supported an appeal of the court decision regarding fracking and supported Council’s vote on the plastic bag fee. Additionally, she thanked Council for reconsidering the caring meters and anti-panhandling poster campaign and urged Council to end the ticketing of homeless campers. Desiree Fisk, Fort Collins Homeless Coalition, thanked Council for reconsidering the caring meters and anti-panhandling poster campaign and urged Council to end the ticketing of homeless campers. Thomas Edwards, 1101 South Bryan, discussed bicycle ticketing.  CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak requested staff input regarding the bus pass distribution. Karen Cumbo, Planning, Development and Transportation Director, replied staff is currently working on addressing inconsistencies in bus ticket distribution. Councilmember Troxell commented on time-of-use rates related to the community solar project. Lance Smith, Utilities Services, stated time of use rates were discussed at a May work session and a pilot project is being considered; however, staff does not feel it is appropriate to do that related to the community solar garden. Councilmember Troxell supported the citizen initiative regarding reconsideration of the plastic bag fee. Councilmember Campana commented on Mr. Pruznick’s issues related to street repairs in his neighborhood. Cumbo replied the sidewalks have been cut; however the streets have not. She stated the City could perhaps complete the work and deal with the HOA for reimbursement. Councilmember Campana opposed allegations regarding Council’s handling of the Second Reading of the plastic bag Ordinance. Councilmember Cunniff stated he too was comfortable with the process. Councilmember Troxell stated the Second Reading of the Ordinance had an entirely new meaning given the increase from grocery stores to all retailers. Mayor Weitkunat stated changes to Ordinances on Second Reading have occurred more frequently lately. Mayor Pro Tem Horak commented on the possible appeal of court decisions regarding fracking and commended the compassion of Natural Areas Rangers in dealing with homeless individuals. Councilmember Cunniff supported local laws prohibiting camping in the City’s Natural Areas. Packet Pg. 31 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 381  CONSENT CALENDAR RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw 1. Second Reading of Ordinance No. 106, 2014, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Grant. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014 approving the sub-grant agreement and appropriate sub-grant funds from the Colorado Department of Public Health and Environment, through the Poudre Valley Health System Foundation and the Coalition for Activity and Nutrition to Defeat Obesity (CANDO), for the Vida Sana program to eliminate racial and ethnic disparities in access among Latino/Hispanic community members to healthy lifestyle counseling and programs. Specific interventions include increasing access to facilities providing physical activity; providing social support to increase physical activity; and implementing a community wide campaign for increasing physical activity that will be carried out by partner agencies. 2. Second Reading of Ordinance No. 107, 2014, Amending Ordinance No. 121, 2013, Regarding Minimum Parking Requirements in the Transit-Oriented Development Overlay Zone District to Extend Its Termination Date. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves a 90-day extension of the temporary parking requirements in the Transit Overlay Development (TOD) Overlay Zone. Ordinance No. 121, 2013, expires on September 13, 2014. The Planning and Zoning Board is requesting more time to evaluate recommendations from the TOD Parking Study. New parking requirements are anticipated to replace the temporary parking ordinance. The Planning and Zoning Board will consider this item at its September 11, 2014 meeting. City Council will formally consider the TOD Parking Study on First Reading on October 21 and Second Reading on November 4. 3. Second Reading of Ordinance No. 108, 2014, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges and Provide Rates for Customers Enrolled in the Fort Collins Community Solar Project. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves establishing a reimbursement rate for the energy that will be produced through the Fort Collins Community Solar Project (solar farm). The proposed reimbursement rate is consistent with recent changes in the rooftop net-metering reimbursement rate, adopted in Ordinance No. 067, 2014. Like the rooftop net- metering customers, participants in the solar farm, who purchase an interest in the solar farm, will be reimbursed for every kilowatt-hour of energy produced at a rate of $0.0714 per kWh (the combination of the Summer Tier 1 rate of $0.0583 per kWh and one half the facilities charge rate - $0.0131 per kWh). The difference between the two rates is that, because participants in the Fort Collins Community Solar Project will need to fully utilize the distribution infrastructure to deliver all of their household energy, the additional payment the facilities charge portion of the rate is proposed to be only half of that being given to rooftop net-metering customers. 4. Second Reading of Ordinance No. 109, 2014, Authorizing the Mayor to Execute a Lease Agreement with Clean Energy Collective, LLC for the Use of City Property for a Community Solar Garden Project with an Associated Access Easement. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014 approves the authorization to lease City property located at 500 Riverside Avenue to Clean Energy Collective, LLC (through its subsidiary, CEC Solar #1038, LLC), to build and operate a community solar farm project, Packet Pg. 32 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 382 including an access easement to enter the property from the Wastewater plant entry road on Mulberry Street. The City has entered into a Power Purchase Agreement with Clean Energy Collective, LLC (CEC) to develop a community solar project in Fort Collins. The City property located at 500 Riverside Avenue was determined by staff and CEC to be a feasible site for the location of the project. To facilitate the development of the solar garden, CEC has requested a lease agreement for the use of the City’s property for a period of 25 years for the building and operation of the solar farm project. 5. Second Reading of Ordinance No. 110, 2014, Authorizing the Exchange of a 9.33 Acre Portion of the Timberline Substation Property from the Electric Utility for a Comparably-Valued 3.03 Acre Site from the Parks Department. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014 authorizes the exchange of portions of property at the Timberline Substation property between the Utility Department and the Parks Department. The City of Fort Collins owns a parcel of land at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). The Utility Department owns 19.92 acres of the City Property of which 7.43 acres are used for substation purposes. The Parks Department desires to develop a 9.33-acre portion of the property owned by Utilities for recreation purposes and has proposed to acquire this portion from the Utility Department. The Parks Department intends to maintain the property as a disc golf course. The Utility Department has determined that the proposed conveyance and recreation use will not adversely impact the portion of the City Property used for utility purposes. In exchange, the Utility Department desires to acquire a 3.03 acre portion of the City Property which is owned by the Parks Department. This Ordinance authorizes the exchange of the properties between the Utility Department and Parks Department, recognizing that no funds will need to be paid between the departments, based on the comparable values of the two parcels, existing encumbrances on the 9.33-acre parcel, the value of all access reservations retained by the Utilities Department, the beneficial use each will realize in the land it acquires, and the value of additional services the Utility Department will provide to the Parks Department. 6. Second Reading of Ordinance No. 111, 2014, Authorizing the Conveyance of a Shared Access Easement on City Property to Public Service Company of Colorado. (Adopted) This Ordinance, unanimously adopted on First Reading on August 19, 2014, authorizes the conveyance of a shared access easement to Public Service Company of Colorado for an access road at the Timberline Substation Property. The City of Fort Collins Utility Department owns a property at the southwest corner of Prospect Road and Timberline Road which is the location of the Timberline Substation (the “City Property”). Public Service Company of Colorado, Inc. (PSCo) owns a small tract of land on Timberline Road which is surrounded on three sides by the City Property. The access to the two properties is by means of an existing driveway located on Timberline Road of which a portion falls on to each property. In order to establish an easement of record for the allowed use of the driveway by each party, the Utility Department and PSCo have proposed the conveyance of a shared access easement allowing both parties the right to use the driveway for access purposes. 7. First Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the City Code Pertaining to the Rules for Civil Infractions (Adopted) The purpose of this item is to transfer civil infraction payment processing functions to the Municipal Court from Neighborhood Services and the Forestry Division in order to more efficiently process and track those citations and reduce redundancy since the Municipal Court is better equipped to handle this function. 8. First Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. (Adopted) The purpose of this item is to request a twelve-month extension of the Planned Development Overlay District pilot. Packet Pg. 33 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 383 9. Items Relating to the FY 2013-14 Safe Routes to School Program (Adopted) A. Resolution 2014-077 Authorizing the Execution of a Project Construction Grant Agreement Between the City and the Colorado Department of Transportation (CDOT). B. First Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of these items is to enter into an intergovernmental agreement with CDOT and appropriate $314,903 in Safe Routes to School grant funding to design and build a new multi-use path along Lindenmeier Road serving Tavelli Elementary School. 10. Items Relating to Larimer County’s Request for Right of Way and Temporary Construction Easements across five City properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street widening and Cache la Poudre bridge replacement. (Adopted) A. First Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on McMurry Natural Area to Larimer County. B. First Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County. C. First Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on Poudre River Trail Property to Larimer County. D. First Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Property Located at 812 North Shields Street to Larimer County. E. First Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Railbanking Property to Larimer County. The purpose of this item is to convey permanent rights-of-way and temporary construction easements to Larimer County for improvements related to the North Shields Street widening and Cache la Poudre River bridge replacement. Larimer County will be widening the existing North Shields Street from a two-lane to a three-lane road to provide a median/left turn lane, a trailhead parking lot, bike lanes and sidewalks from the Arthur Ditch north to Willox Lane beginning in early 2015. The street and bridge construction will require one temporary construction easement and the conveyance of permanent right-of-way (by deed of dedication) on each of five City properties including McMurry Natural Area and North Shields Pond Natural Area. This project is being completed in partnership with the City. In particular, the Natural Areas and Parks Departments are working with the County to provide better access to the river for hiking, tubing and fishing. The new bridge will feature sidewalks on the bridge and trails leading from the bridge to the river to provide improved pedestrian access across the bridge as well as to the river. A new approximately 40 car trailhead parking lot will be constructed on the northwest portion of the area on land owned by Larimer County Emergency Services and a sidewalk will connect the parking area with the Poudre River as well as the North Shields Pond Natural Area. An additional benefit of the project will be to fill a small portion of the eastern pond at North Shields Ponds Natural Area to accommodate the widening of North Shields Street and to construct a new trail along the east shore of the pond to improve access around the pond. This will require one temporary construction easement and the dedication of permanent right-of-way on North Shields Ponds Natural Area. Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new paved trails providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre Packet Pg. 34 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 384 Trail and the Poudre River. Larimer County, Parks and Natural Areas will each be paying for a portion of these improvements. Council will be asked to approve an Inter-Governmental Agreement defining the cost sharing on the improvements and the ongoing maintenance of the trailhead parking lot and trails early next year. 11. Resolution 2014-078, Setting the Dates of the Public Hearings on the 2015 and 2016 Proposed City of Fort Collins Biennial Budget. (Adopted) The purpose of this item is to set two public hearing dates on the proposed 2015-2016 biennial budget. The City Charter requires that the City Council set a date for a public hearing on the proposed budget. This Resolution sets that hearing date for the regular Council meeting of October 7, 2014. In an effort to receive further public input, this Resolution sets an additional hearing date for the September 23, 2014, adjourned Council meeting. 12. Resolution 2014-079, Supporting the Referred Ballot Measure to Renew the Help Preserve Open Spaces Sales and Use Tax. (Adopted) The purpose of this item is to inform Council about the November 4, 2014, ballot measure to extend the Help Preserve Open Space tax, Larimer County's quarter-cent sales and use tax that supports County and local open lands program, including the City's Natural Areas Department. 13. Routine Deeds (Adopted) The purpose of this item is for Council to accept two quit claim deeds from Poudre Valley Rural Electric Association Inc. conveying the rights to a total of 110 electric easements within the boundaries of Phase Three and Four of the Southwest Annexation. A. Quit Claim Deed 1, from Poudre Valley Rural Electric Association Inc., conveying 57 easements to the City of Fort Collins. B. Quit Claim Deed 2, from Poudre Valley Rural Electric Association Inc., conveying 53 easements to the City of Fort Collins  END CONSENT  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested a detailed list of costs being borne by the Parks program, Natural Areas program and County partnership prior to Second Reading regarding Item No. 10, Items Relating to Larimer County’s Request for Right of Way and Temporary Construction Easements across five City properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street widening and Cache la Poudre bridge replacement. Additionally, he highlighted Council’s support of Item No. 12, Resolution 2014-079, Supporting the Referred Ballot Measure to Renew the Help Preserve Open Spaces Sales and Use Tax.  STAFF REPORTS Patty Netherton, Municipal Court Administrator, provided a brief update regarding the Special Agency Session developed by the Fort Collins Municipal Court. The purpose of the Session is to address public concerns with quality of life violations for those without housing while balancing compassion and resourcefulness with accountability. Councilmember Overbeck commended the restorative approach being utilized in this program. Mayor Pro Tem Horak suggested a press release discussing the program. Packet Pg. 35 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 385  COUNCILMEMBER REPORTS Councilmember Troxell reported on the Community Welcome event for CSU students and commented on the concept of neighboring. Councilmember Overbeck reported on the Commission on Disability’s support of the Colorado Person First festival. Councilmember Campana reported on a tour of Liberty Common School’s new construction and its academic successes. Mayor Pro Tem Horak reported on the Community Welcome event and the Larimer County Open Lands Advisory Board’s support of a land purchase in Loveland. Mayor Weitkunat reported on the relocation of the ARC Thrift Store and the dedication of the FC150 exhibit at the Museum of Discovery. Additionally, she reported on the reintroduction of Black-Footed Ferrets at Soapstone Natural Area.  DISCUSSION ITEMS 14. First Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues. (Adopted on First Reading) The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments and new land use provisions. The Land Use portions of the agreement are intended to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. Karen Cumbo, Director of Planning, Development and Transportation Services, briefly introduced the item and stated this agreement is a step forward in resolving longstanding issues with the Town of Timnath. Laurie Kadrich, Director of Community Development and Neighborhood Services, discussed the history of the agreement regarding growth management areas with the Town of Timnath and detailed the proposed amendment. Tom Mills, Clydesdale Park HOA, supported the amendment as it would move Clydesdale Park back into the City's growth management area. Eric Sutherland, 3520 Golden Currant, expressed concern regarding possible shared revenues and shared costs and stated Timnath has abused tax increment financing. Ann Grant, Larimer County resident, supported the Ordinance. Councilmember Cunniff requested an explanation of the five year lapse in resolving the growth management area issue. Kadrich replied the County desired, at the time, to ensure future urban areas were in one growth management area or another. This amendment has resulted from the fact that Timnath is now working on developing an agreement with Larimer County for its growth management area. Packet Pg. 36 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 386 City Manager Atteberry provided additional context to the history of the City's relationship with Timnath. Councilmember Cunniff asked about the revenue sharing areas and what will occur with properties that already exist and are generating revenue for one of the municipalities. Rick Richter, Director of Infrastructure Services, replied revenue sharing begins at development or redevelopment. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 113, 2014, on First Reading. Councilmember Troxell stated this is long overdue and commended the work that went into the agreement. Mayor Weitkunat supported the agreement. Mayor Pro Tem Horak stated this is a continuation of Fort Collins' good planning. Councilmember Cunniff expressed some concerns with the agreement and stated he would likely not support the motion. Mayor Pro Tem Horak urged Councilmember Cunniff to vote in the affirmative in order to show support for Fort Collins to work cooperatively with Timnath. Councilmember Cunniff offered an amendment to the motion to direct the City Manager to initiate negotiations for a cooperative planning effort with respect to community separators and natural areas. City Attorney Daggett stated that type of direction may be more appropriately considered under other business. Mayor Weitkunat also encouraged an affirmative vote for the IGA amendment. RESULT: ORDINANCE NO. 113, 2014 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw 15. Items Relating to Initiating Annexation Proceedings for the Clydesdale Park First and Second Annexations. (Adopted) A. Resolution 2014-067 Finding Substantial Compliance and Initiating Annexation Proceedings for the Clydesdale Park First Annexation. B. Resolution 2014-068 Finding Substantial Compliance and Initiating Annexation Proceedings for the Clydesdale Park Second Annexation. The purpose of this item is to initiate annexation proceedings for the existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested this annexation. In accordance with State law, the purpose of the Initiating Resolutions is to accept the Annexation Packet Pg. 37 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 387 Petitions and provide a schedule for upcoming Council hearings within a timeline that complies with State Statutes. Jason Holland, Planning Services, discussed the location of Clydesdale Park and the proposed annexations. Tom Mills, Clydesdale Park resident, supported the annexation efforts. Eric Sutherland, 3520 Golden Currant, noted Larimer County Urban Area street standards were met when Clydesdale Park was built and questioned whether or not the standards are being adhered to throughout the Timnath growth management area. Mayor Weitkunat noted these Resolutions initiate the annexation process. Councilmember Troxell asked what other steps are involved in the annexation process other than the initiating Resolutions and annexation Ordinances. Holland outlined the annexation process which involves a hearing before the Planning and Zoning Board. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2014-067. Mayor Pro Tem Horak requested additional phasing information prior to Council hearing the annexation Ordinances. Councilmember Overbeck requested cost information prior to Council hearing the annexation Ordinances. RESULT: RESOLUTION 2014-067 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-068. RESULT: RESOLUTION 2014-068 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw 16. First Reading of Ordinance No. 114, 2014, Appropriating Capital Project Funding in the Light and Power, Water, Wastewater, and Stormwater Drainage Enterprise Funds and Authorizing the Transfer of Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program, for the Construction of a New Utilities Administration Building in Block 32 on LaPorte Avenue and Renovation of 700 Wood Street. (Failed to Pass on First Reading) The purpose of this Appropriation Ordinance is to provide funding for the construction of a new Utility Administration Building within Block 32 on LaPorte Avenue, as well as renovation of the existing Utility Service Center at 700 Wood Street. The total combined project costs are $23,411,000 with Packet Pg. 38 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 388 $4,500,000 already appropriated from Light and Power reserves, leaving $18,911,000 to be appropriated with this ordinance. A Utility Building Team comprised of internal staff and external subject matter experts has worked with the architectural firm RNL and Adolfson and Peterson Construction to assess the best way to address the current building performance and space issues facing Fort Collins Utilities’ ongoing and future business operations. Balancing the city-wide goal to have high-performing office buildings with the need to be fiscally prudent has led the Building Team to recommend the two-pronged funding process proposed in this appropriation ordinance. The four Utility Enterprise Funds (Light and Power, Water, Wastewater and Stormwater) will share the costs of the projects. All appropriations will come from the existing reserves in these four funds. Kevin Gertig, Utilities Executive Director, discussed the purpose of this appropriation Ordinance and detailed challenges with the existing Utilities facilities. Ken Mannon, Operation Services Director, provided additional details regarding the proposal and buildings. Eric Sutherland, 3520 Golden Currant, argued growth within the City does not pay its own way and discussed issues with Utilities services and buildings. Councilmember Overbeck asked about the original proposal for the new building being net positive in terms of energy production. Mannon replied the existing proposal will allow the building to cover itself in terms of energy use. Councilmember Cunniff requested a simple explanation of the benefit to rate payers of new facilities. Gertig replied the new facilities will allow excellent customer service, additional efficiency, and will provide an example of an energy efficient building to be part of the future City campus block. City Manager Atteberry also noted this new building is necessary in terms of needed space. Councilmember Cunniff requested a summary of the sources of the reserve funds. City Manager Atteberry replied the reserve funds are generated from rates and charges and stated future Utilities capital needs are not included in capital expansion fees. Councilmember Campana discussed the reserve fund sources and noted these structures will be funded with cash on hand. Mike Beckstead, Chief Financial Officer, discussed additional details regarding development fees and plant investment fees. Councilmember Troxell asked what other distributed energy resources were considered. John Phelan, Energy Services Manager, replied many design decisions have yet to be made; however, the goal is to have the highest performing systems within the given budget. City Manager Atteberry discussed the reasons for the additional appropriation amount. Councilmember Troxell asked about the design of the work environment with respect to the organization. Mannon replied this building will include shared offices and collaborative space. Councilmember Overbeck expressed disappointment with the increase in the cost of construction and requested alterations in budget estimates for the future. Packet Pg. 39 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 389 Mayor Weitkunat noted the 1% Art in Public Places appropriation would total $189,000 and questioned if those dollars could potentially be utilized as part of the project. City Manager Atteberry replied Council has the policy to change its policy and noted the art can be included in many different ways. Councilmember Cunniff supported the possibility of keeping the 1% with a dollar amount cap on future capital projects. City Attorney Daggett noted the Code limits Art in Public Places contributions to ½% of the annual budgeted operating revenue of each utility fund. Mayor Weitkunat suggested the Art in Public Places Board be part of the planning process for the building in an active, contributory way in order to possibly make a more utilitarian art feature. Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 114, 2014, on First Reading. Mayor Pro Tem Horak requested an explanation of why this building makes sense in the overall expenditure of capital through 2028. Additionally, he requested options if this building is not built and asked what things would not occur should these funds be spent on these structures. City Manager Atteberry replied the team will respond prior to Second Reading. Mayor Pro Tem Horak stated this item would have been considered differently if it were a General Fund item. RESULT: ORDINANCE NO. 114, 2014 FAILED TO PASS ON FIRST READING [3 TO 3] MOVER: Wade Troxell, District 4 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Campana, Troxell NAYS: Overbeck, Cunniff, Horak ABSENT: Poppaw (Secretary’s note: The Council took a brief recess at this point in the meeting.) 17. Resolution 2014-080 Adopting the Recommendations of the Air Quality Advisory Board Regarding Comments to Colorado Department of Public Health and Environment on the Draft Construction Permit 13LR2446 for Martin Marietta Materials, Inc. Hot Mix Asphalt Plant. (Adopted) The purpose of this item is to approve comments developed by the Air Quality Advisory Board and staff based on public input and technical review of permit documentation to be submitted to Colorado Department of Public Health and Environment regarding the draft air permit for the Martin Marietta Materials, Inc. hot mix asphalt plant. Lucinda Smith, Environmental Services Director, stated the City partnered with Larimer County to hire Air Resource Specialists to conduct a technical review of the draft air permit for the Martin Marietta plant. The resulting report found that the APCD modeling would meet the standards for carbon monoxide and particulate matter. The Air Quality Advisory Board has extensively studied the issue and is requesting that Council send a statement to the Health Department suggesting deficiencies in the permit be corrected and the permit be reissued for another 30 day comment period, suggesting the permit require controls for VOCs, institute enforceable odor detection and controls, and require the plant to be subject to RACT Packet Pg. 40 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 390 requirements for carbon dioxide. Smith discussed additional recommendations by the Board. Tom Moore, Fort Collins Air Quality Advisory Board Chair, briefly discussed the Board’s recommendation. Lucy Troup, 2125 Stonecrest, stated acceptable risk is not the same as no risk and requested a second opinion from a neutral toxicologist. Kevin Pass, 1150 St. German Drive, expressed concern regarding the odors emitted by the plant and stated the plant should not be allowed near a school. Ruth Widrick, Fort Collins resident, expressed concern regarding the odors emitted by the plant. Bob Hare, 1352 Northern Court, expressed concern regarding the odors emitted by the plant. Lauren Ogden, 2455 Stonecrest, expressed concern regarding the number of trucks travelling to and from the plant. Cheryl Distaso, Fort Collins Community Action Network, noted the plant sells half of its asphalt to the City of Fort Collins and expressed concern regarding the plant’s location. Karen Hare, 1352 Northern Court, encouraged frequent inspections of the plant. Councilmember Cunniff asked if the Board comments addressed the odor issues as being derived from the filling of trucks rather than the actual asphalt manufacturing. Smith replied the consultant recommendations suggest asking for odor controls and enforcement; however, it is not explicitly stated to consider a more broad examination of the odors. Councilmember Cunniff noted many of the issues are not just directly related to stack emissions. Mr. Moore stated additional considerations are in the Board recommendation. Councilmember Overbeck asked about the possibility of including real time monitors throughout the neighborhoods. Smith replied that was not among the comments made by the Board; however, it could be recommended and considered in a voluntary partnership with Martin Marietta. Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2014-080. Mayor Pro Tem Horak supported the recommendations. Councilmember Campana asked if this production could be relocated within the site to gain additional distance from Lincoln Middle School. Smith replied staff has not looked at whether there is a location within the current property boundaries where the plant could be moved to be farther from the school. Mayor Pro Tem Horak stated the emissions and their effects are more the issue than the distance. Packet Pg. 41 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 391 RESULT: RESOLUTION 2014-080 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw 18. Items Relating to the Greeley Bellvue Pipeline on City Property. (Adopted) A. First Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. B. Resolution 2014-081, Authorizing the City Manager to Enter Into a Shared Location Agreement for the Greeley Bellvue Pipeline to Cross a City Utility Easement. The purpose of this item is to authorize the conveyance of easements to the City of Greeley (“Greeley”) across the City Property known as the City Ditch and authorize a shared location agreement for Greeley to cross a City utility easement. The City of Greeley is acquiring necessary easements for its Greeley Bellvue Pipeline Project (the “Project”). Greeley has requested easements for their Project across a strip of property owned by the City’s Utility Department extending south from the Poudre River. The property lies outside City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. Greeley also plans to install its pipeline across an existing utility easement containing a 27-inch waterline owned by the City. In order to protect the City’s easement interest and existing utility improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this crossing. The requested easements and agreement were presented and approved by the City’s Water Board at their December 2010 meeting. They were also presented to the Land Conservation and Stewardship Board meeting on December 8, 2010. These items were previously presented to Council in June 2011, but the items were withdrawn due to concerns from citizens and City Council, including that Greeley had not yet obtained authorization from the U.S. Army Corps of Engineers for the Project and had not reached agreement with a neighboring property owner. Since that time, Greeley has obtained authorization from the U.S. Army Corps of Engineers but has not yet reached an agreement with the neighboring property owner. Greeley has agreed to pay the City for the value of the easements as well as City Real Estate staff time. Because Greeley wants to begin construction on this section of the Project soon, it has indicated that it will use eminent domain if necessary to acquire the requested property interests from the City. If Greeley acquires the requested easements through an eminent domain action, the City will not get the benefit of the terms and conditions of those easements that City staff previously negotiated with Greeley. Jon Haukaas, Water Engineering Field Operations Manager, stated these actions request a water line easement, a temporary construction easement, an access easement, and a shared location agreement. Eric Sutherland, 3520 Golden Currant, stated the City does not, nor has it ever, owned the land. Mickey Willis, 150 Fairway Lane, agreed with the ownership issue discussed by Mr. Sutherland and stated these pipelines will interfere with prehistoric findings on the site. Packet Pg. 42 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 392 Councilmember Overbeck asked why the current boards and commissions have not reviewed this process. Haukaas replied the request has not changed since the original discussion; therefore, as a procedural matter, it would have not gone before the boards and commissions a second time. Councilmember Overbeck stated he would have liked real photographs of the site as well as a site visit. Councilmember Cunniff asked if eminent domain proceedings will begin should the voluntary agreement not be entered into. Helen Matson, Real Estate Services Manager, replied the easement can be granted without any concessions should eminent domain proceedings occur. Councilmember Troxell stated a site visit did occur in 2010 and stated it is in the City’s best interest to honor the work that has been put into the agreement and to gain the conditions built into the agreement. Councilmember Campana noted the City of Fort Collins has had an easement on the property for over 100 years and has been leasing it to Larimer No. 2 Ditch Company. Matson clarified the City has owned the property and leased it to Larimer No. 2 for 99 years, then granted the ditch company a permanent easement. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 123, 2014, on First Reading. Councilmember Cunniff stated he would support the motion given the benefits of the agreement, though he expressed sympathy for the property owner. Mayor Weitkunat discussed the history of the Greeley pipeline and stated this easement is underground and will have very few impacts to the surface. RESULT: ORDINANCE NO. 123, 2014 ADOPTED ON FIRST READING [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Weitkunat, Campana, Troxell, Cunniff, Horak NAYS: Overbeck ABSENT: Poppaw Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2014-081. RESULT: RESOLUTION 2014-081 ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Weitkunat, Campana, Troxell, Cunniff, Horak NAYS: Overbeck ABSENT: Poppaw Packet Pg. 43 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 393  OTHER BUSINESS Councilmember Cunniff received support to direct the City Manager to initiate intergovernmental agreement discussions with Timnath regarding natural areas separators. Councilmember Cunniff stated he has been satisfied with the information provided regarding the City Manager and Councilmember Campana’s electric capacity fee inquiry for his development project. Mayor Weitkunat detailed the information received by Council and assured the public the situation was handled appropriately and with integrity by all parties involved. She stated Council will be considering an Ordinance in October to clarify Code language regarding the fees and the City Manager and staff are working on a set of standard operating procedures that will provide further clarity about the expectations for staff and Council interactions when Councilmembers are doing business as individual citizens.  Adjourn until the conclusion of the Skyview GID meeting and continue the meeting past 10:30 p.m. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn until after the Skyview GID Board of Directors meeting and to extend the meeting past 10:30 p.m. . RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw  Designate Councilmember Overbeck as a second alternate to represent the City of Fort Collins on the North Front Range Transportation MPO Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to designate Councilmember Overbeck a second alternate to represent the City of Fort Collins on the North Front Range Transportation MPO. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Wade Troxell, District 4 AYES: Weitkunat, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Poppaw  ADJOURNMENT (Secretary’s note: Councilmember Campana left the meeting at this time) Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to go into Executive Session for the purpose of meeting with the Interim City Attorney, City Manager, and other affected members of City staff to discuss potential litigation and related legal issues and/or a manner in which particular policy practices and regulations of the City may be affected by Packet Pg. 44 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) City of Fort Collins Page 394 existing or proposed provisions of federal, state, or local law as permitted under Section 2- 31(a)(2) of the City Code. RESULT: ADOPTED [5 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Troxell, Cunniff, Horak ABSENT: Poppaw AWAY: Campana  Adjourn to 6:00 p.m. on Tuesday, September 9, 2014, for consideration of a possible Executive Session and any other business that may come before Council Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 p.m. on Tuesday, September 9 th , for consideration of a possible Executive Session and any other business that may come before the Council. RESULT: ADOPTED [5 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Weitkunat, Overbeck, Troxell, Cunniff, Horak ABSENT: Poppaw AWAY: Campana The meeting adjourned at 10:55 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 45 Attachment1.2: September 2, 2014 (2363 : Minutes-8/19, 9/2, 9/9) 395 September 9, 2014 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, September 9, 2014, 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, Troxell, and Weitkunat. Councilmembers Absent: Poppaw Staff Members Present: Atteberry, Knoll, Daggett. Executive Session Authorized Councilmember Horak made a motion, seconded by Councilmember Cunniff, to go into executive session for the purpose of meeting with the City’s legal counsel, the City Manager, other affected members of City staff, and consultants for the City to discuss specific legal questions related to potential litigation and related legal issues as permitted under Section 2- 31(a)(2) of the City Code. Yeas: Campana, Cunniff, Hoark, Overbeck, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. Adjournment At the conclusion of the executive session, the meeting adjourned at 6:55 p.m. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 46 Attachment1.3: September 9, 2014 (2363 : Minutes-8/19, 9/2, 9/9) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir Karen Cumbo, Director of PDT SUBJECT Second Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues. EXECUTIVE SUMMARY This Ordinance, adopted unanimously on First Reading on September 2, 2014, updates a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments and new land use provisions. The Land Use portions of the agreement are intended to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 113, 2014 (PDF) Packet Pg. 47 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir Karen Cumbo, Director of PDT SUBJECT Second Reading of Ordinance No. 113, 2014, Approving the Seventh Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues. EXECUTIVE SUMMARY The purpose of this item is to update a 2009 Intergovernmental Agreement (IGA) with the Town of Timnath to incorporate several amendments and new land use provisions. The Land Use portions of the agreement are intended to provide planned and orderly development of urban services along the I-25 Corridor and to establish appropriate Growth Management and Influence Areas to support such development. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The original agreement was reached in 2009 (Attachment 1) and has subsequently been extended by each jurisdiction. There are a number of reasons why the parties wish to amend this agreement. The Town of Timnath has recently completed a Comprehensive Plan and desires to have its updated Growth Management Area (GMA) reflected in an updated IGA with Fort Collins. Also, the City of Fort Collins wishes to remedy an inadvertent conflict that was created by the 2009 Timnath Agreement, The Timnath Agreement calls for certain changes to be made to the Fort Collins GMA; however, the City’s previous agreement with Larimer County requires County approval of any changes to the Fort Collins GMA. This puts Fort Collins in the untenable position of having to possibly violate the County agreement in order to comply with the Timnath Agreement. In addition, Fort Collins desires to ensure that lands are available within the Fort Collins GMA to complete an enclave of the Mulberry corridor. Finally, both Fort Collins and Timnath desire to create shared Areas of Influence (IAs) for key interchanges along I-25 in order to properly plan and fund infrastructure improvements and create orderly and attractive development along the Interstate. What needs to be resolved?  The negotiations in 2009 were acrimonious in nature and a mediator was used to form a tentative agreement between the two communities. At the time, Timnath was reaching towards the west side of I-25 to annex properties into its community. The 2009 agreement clearly states where either community is able to annex. Unfortunately, the agreement was not implemented due to the conflicting portions between the City-Timnath agreement and the City-Larimer County agreement. This new agreement will satisfy all parties in order that GMA boundaries can then be amended to be consistent with those in the County and those between Fort Collins and Timnath. ATTACHMENT 1 Packet Pg. 48 Attachment2.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2345 : SR 113 Timnath IGA) Agenda Item 14 Item # 14 Page 2 Land Use Benefits to the City of Fort Collins:  Creation of three Areas of Influence (IAs) (Attachment 2). The intent of the IAs is to begin to develop joint financing mechanisms for public improvements and potential revenue sharing alternatives within such areas or modified areas, similar to the Windsor agreement for improvements at I-25 and Highway 392. This would provide Fort Collins with influence over how and what may develop within the Timnath GMA areas adjacent to key interchanges. Two are proposed for the I-25 interchanges at Prospect and Mountain Vista (Attachments 3 and 4). A third area near the Mulberry interchange was identified in the event that properties east of the interchange petition to annex into Timnath, otherwise the IA would not be considered as all surrounding property would be in the Fort Collins GMA (Attachment 5). The proposed language in this amendment establishes the general principles of Influence Areas, but specific properties and funding options will be negotiated and finalized later, after public engagement, much the way the Windsor agreement was developed. This does not change decision-making authority for land use within city boundaries. One adjustment to evaluate, for example, is moving the Mountain Vista boundary further north.  All subdivisions that developed to Fort Collins standards and entered into a pre-annexation agreement with Fort Collins would return to the Fort Collins GMA. This change is supported by Larimer County and would keep Fort Collins in compliance with the Larimer County IGA. This change is also supported by the Clydesdale subdivision and would allow the property owners to request annexation into Fort Collins. The affected subdivisions (Attachment 5) include: - Cloverleaf Mobile Home Park (MHP) - Vista Bonita Subdivision - Vista Grande Subdivision - Clydesdale Park Subdivision - Sunflower Subdivision  As part of this agreement, the parties would consult with the property owners in the Cloverleaf MHP and Vista Bonita to see if they wish to become part of Timnath rather than Fort Collins. If property owners desire to become part of Timnath, Fort Collins and Timnath would agree to seek the removal of those properties from the area described in the Fort Collins-Larimer GMA.  The City is ensured a method to create an enclave enclosing the East Mulberry Corridor by retaining a portion west of the Cloverleaf MHP. In the event Cloverleaf petitions for annexation to Timnath, Timnath agrees to provide a 40-foot boundary that would serve to close the enclave with additional annexation being sought from the railroad. Additional highlights of the Proposed Land Use Amendments (Attachment 6):  Timnath’s GMA increased on the Northern border into the Cobb Lake area. This expansion is part of the Timnath Comprehensive Plan.  There are also some “housekeeping” changes in removing language that no longer applies from the agreement, and clarifying where the Timnath GMA boundary is relative to the east access road along I-25. Timnath also requested that land owned by Poudre School District (PSD), east of I-25 and currently annexed into the City of Fort Collins, be moved to the Timnath GMA in the event PSD builds educational facilities to serve Timnath at that location. The amendment provides assurance to Timnath that Fort Collins would consider a de-annexation request by PSD under those circumstances, and further provides that, if de-annexed, and the property is not used for school purposes, any revenue would be shared with Fort Collins. Packet Pg. 49 Attachment2.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2345 : SR 113 Timnath IGA) Agenda Item 14 Item # 14 Page 3 FINANCIAL / ECONOMIC IMPACTS There are increased costs of services due to the return of 5 subdivisions into the Fort Collins Growth Management Area rather than the Timnath Growth Management Area. ATTACHMENTS 1. 2009 Timnath Agreement (PDF) 2. Fort Collins-Timnath GMA plus Influence Areas (PDF) 3. Prospect IA (PDF) 4. Mountain Vista IA (PDF) 5. Mulberry IA plus 5 Subdivisions (PDF) 6. Summary of Boundary adjustments (PDF) 7. Powerpoint presentation (PDF) Packet Pg. 50 Attachment2.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2345 : SR 113 Timnath IGA) - 1 - ORDINANCE NO. 113, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A SEVENTH AMENDMENT TO THE FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an intergovernmental agreement relating to annexation, growth management and related issues, which agreement resolved certain differences that had arisen between the parties regarding a variety of planning and growth management issues (the “Intergovernmental Agreement”); and WHEREAS, the parties are situated on opposite sides of Interstate 25 and are both committed to planned and orderly development; regulating the location and activities of development which may result in increased demand for services; providing for the orderly development and extension of urban services; to simplifying governmental structure when possible; promoting the economic vitality of both municipalities; protecting the environment; and raising revenue sufficient to meet the needs of their citizens; and WHEREAS, because of the proximity of the City and the Town, the parties have agreed to work toward developing a comprehensive development plan for certain areas of mutual interest and concern within the immediate vicinity of I-25, the purpose of which plan would be to explore joint financing mechanisms for public improvements and potential revenue sharing alternatives within such areas; and WHEREAS, the parties have previously executed First, Second, Third, Fourth, Fifth and Sixth Amendments to the Intergovernmental Agreement and now wish to execute a Seventh Amendment to the Intergovernmental Agreement in order to establish certain expectations with regard to joint planning and revenue sharing within the abovementioned areas of mutual interest and concern, and to address certain other issues that have arisen since the initial execution of the Intergovernmental Agreement, including Fort Collins’ interest in annexing a certain strip of property within the revised Timnath GMA, the disconnection by Fort Collins of certain Poudre School District land, the modification and addition of certain exhibits to this Intergovernmental Agreement, and the elimination of Fort Collins’ obligation under the Intergovernmental Agreement to unilaterally amend the boundaries of its Growth Management Area even if such amendment is not acceptable to Larimer County. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into a Seventh Amendment to the Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues in substantially the form attached hereto as Exhibit “A”, with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City or effectuate the purpose of this Ordinance. Packet Pg. 51 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) - 2 - Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 52 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) EXHIBIT A Packet Pg. 53 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 54 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 55 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Page 4 of6 municipalities, as well as the expenditure of money. Accordingly, Timnath and Fort Collins agree to evaluate potential revenue sharing alternatives within the Proposed Influence Areas as described in Section 1.4 in percentages yet to be determined. For areas outside the Proposed Influence Areas, neither party shall be entitled to any share of the revenues generated by any parcel of property located in the other party's GMA, nor shall either party be entitled to any design or development review, other than such statutory review as both parties agree is applicable to home-rule municipalities and such review as may be required by the municipal code of one party, in its sole and exclusive discretion, in granting review rights to the other. 4.2 Early Development. The owners of any property that is the subject of a development project approved by either municipality within the Proposed Influence Areas as shown on Exhibits "A" and "B" prior to the completion of a revenue sharing agreement between Timnath and Fort Collins shall be required by the approving municipality to enter into a development agreement whereby such owners, on behalf of themselves and their successors in interest, agree to financially participate, on a proportionately equitable basis, in any future revenue sharing program as may reasonably be established between the municipalities. Any such development agreement shall name the non-approving municipality as a third party beneficiary with respect to this revenue sharing provision. 4.3 Poudre School District Land. If requested by the Poudre School District in accordance with Colorado law, Fort Collins agrees to consider the disconnection of that certain parcel of land more particularly described on Exhibit "E" attached hereto. In the event that said land (or any part thereof) is, after disconnection from Fort Collins, commercially developed, such development shall, by development agreement, be subject to revenue sharing in the same manner and under the same requirements as are set out in Section 4.1 above. 7. That Exhibit "F", which describes the TGMA and the FCGMA boundaries between Timnath and Fort Collins as they were established in 2009 is hereby amended as shown on Exhibit "F-1" attached hereto. 8. That Exhibits "A", "B", and "C" which describe the Proposed Influence Areas at the Prospect interchange, the Mountain Vista interchange and the Mulberry interchange, are hereby added. 9. That the areas shown on Exhibit "G" are intended to be transferred from the FCGMA to the TGMA which transfer will become effective only upon written approval by Larimer County. 10. No Further Modification. Except as expressly amended by this full Amendment, the Intergovernmental Agreement is unmodified and shall continue in full force and effect. Packet Pg. 56 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 57 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 58 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 59 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 60 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 61 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 62 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 63 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 64 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Packet Pg. 65 Attachment2.2: Ordinance No. 113, 2014 (2345 : SR 113 Timnath IGA) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Beth Sowder, Neighborhood Services Manager Patty Netherton, Municipal Court Administrator SUBJECT Second Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the City Code Pertaining to the Rules for Civil Infractions. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 2, 2014, transfers civil infraction payment processing functions to the Municipal Court from Neighborhood Services and the Forestry Division in order to more efficiently process and track those citations and reduce redundancy since the Municipal Court is better equipped to handle this function. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (PDF) 2. Ordinance No. 115, 2014 (PDF) Packet Pg. 66 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Beth Sowder, Neighborhood Services Manager Patty Netherton, Municipal Court Administrator SUBJECT First Reading of Ordinance No. 115, 2014 Amending Sections 19-66, 19-67, and 19-69 of the City Code Pertaining to the Rules for Civil Infractions EXECUTIVE SUMMARY The purpose of this item is to transfer civil infraction payment processing functions to the Municipal Court from Neighborhood Services and the Forestry Division in order to more efficiently process and track those citations and reduce redundancy since the Municipal Court is better equipped to handle this function. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Over the past several years, the City Council has decriminalized certain minor violations of the City Code by making those offenses civil infractions instead of criminal misdemeanors. For some time, the civil citation processing function was handled by Neighborhood Services. The Neighborhood Services Manager and the City Forester have transferred civil infraction citation payment processing functions to the Municipal Court in order to more efficiently process and track those citations and reduce redundancy, as the Municipal Court is better equipped to handle the high volume caseloads. This amendment would make these changes in the Code in order to provide for the payment of all civil infraction citations through the Municipal Court. FINANCIAL / ECONOMIC IMPACTS Some efficiency may be gained by consolidating this process. ATTACHMENT 1 Packet Pg. 67 Attachment3.1: First Reading Agenda Item Summary, September 2, 2014 (2346 : SR 115 Civil Infractions) - 1 - ORDINANCE NO. 115, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 19-66, 19-67, AND 19-69 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE RULES FOR CIVIL INFRACTIONS WHEREAS, over the past several years, the City Council has decriminalized certain minor violations of the Municipal Code by making those offenses civil infractions instead of criminal misdemeanors; and WHEREAS, the Neighborhood Services Manager and the City Forester have transferred civil infraction citation payment processing functions to the Municipal Court in order to more efficiently process and track those citations and reduce redundancy, as the Municipal Court is better equipped to handle the high volume caseloads; and WHEREAS, the City Council believes it would be in the best interests of the City to approve of the recommended amendments to the City Code in order to provide for the payment of all civil infraction citations through the Municipal Court. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 19-66 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-66. Payment without appearance. (a) The Municipal Court Clerk shall accept payment in full of the amount due for a civil infraction citation by a defendant without an appearance before the Municipal Court if payment is made after the issuance of the charging document and prior to the date and time scheduled for the first hearing, provided that the Municipal Court Clerk has a copy of the charging document. Such payment shall be separately accounted for and deposited into the city’s general fund in accordance with rule and procedures of the Finance Department. (b) Payment of the total penalty, costs and fees shall constitute a waiver by the responsible party of all rights and acknowledgement of liability. (c) Such payment shall constitute an entry and satisfaction of judgment. (d) Payment of the penalty and costs shall not excuse the failure to correct violations nor shall it bar further enforcement by the City. Section 2. That Section 19-67 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 68 Attachment3.2: Ordinance No. 115, 2014 (2346 : SR 115 Civil Infractions) - 2 - Sec. 19-67. Hearing procedures. (a) If a defendant wishes to contest a civil infraction citation he or she shall appear before the Municipal Court at the time scheduled for first hearing. (b) The hearing of all civil infractions shall be conducted pursuant to the Colorado Rules of Evidence and the order of proceedings shall be those followed by the Municipal Court in offenses tried to the Municipal Judge, except as otherwise specifically stated herein. (c) The City and the defendant may be represented by counsel. Section 3. That Subsection (c) of Section 19-69 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 19-69. Judgment and procedures after hearing. . . . (c) The judgment shall be satisfied upon payment to the Municipal Court in the total amount of penalty, costs and fees assessed. . . . Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Packet Pg. 69 Attachment3.2: Ordinance No. 115, 2014 (2346 : SR 115 Civil Infractions) - 3 - Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 70 Attachment3.2: Ordinance No. 115, 2014 (2346 : SR 115 Civil Infractions) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT Second Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 2, 2014, requests a twelve-month extension of the Planned Development Overlay District pilot to September 9, 2015. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 116, 2014 (PDF) Packet Pg. 71 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT First Reading of Ordinance No. 116, 2014, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. EXECUTIVE SUMMARY The purpose of this item is to request a twelve-month extension of the Planned Development Overlay District pilot. STAFF RECOMMENDATION At the Planning and Zoning Board (P&Z) work session on August 8, 2014, staff recommended that the Planned Development Overlay District (PDOD) pilot expire, which would have required no additional action on the part of P&Z or City Council. P&Z discussed the PDOD pilot at their regular meeting on August 14. During citizen participation, three individuals spoke on behalf of the same potential project and requested that the pilot be extended. After discussion, the Board made a formal recommendation that Council extend the pilot. While staff remains unconvinced that the PDOD provides value to infill and redevelopment projects, there are no significant concerns with extending the pilot for an additional year. Therefore, staff recommends adoption of this Ordinance. BACKGROUND / DISCUSSION To address the challenges of infill and redevelopment, staff worked collaboratively in 2011-2012 with the Planning and Zoning Board (P&Z) to develop the Planned Development Overlay District (PDOD), a unique zoning mechanism that blends the concepts of Planned Unit Developments and performance-based zoning. The PDOD provides flexibility on certain development regulations in the Land Use Code without having to use the existing Addition of a Permitted Use or Modification processes. In return for this flexibility, projects must achieve at least 60 points on a supplemental performance matrix that is designed to reward projects for going beyond minimum standards. The PDOD has a defined boundary, which was drawn to be consistent with the City’s targeted infill and redevelopment areas and Transit Oriented Development (TOD) Overlay District (PDOD boundary map attached). One final characteristic to note is that all PDOD projects are processed as Type 2, meaning P&Z is the decision-maker in terms of whether or not the project gets approved. Being an untested concept for the City, the PDOD was proposed first as a pilot to allow for real-world test cases. The pilot was unanimously recommended by P&Z and ultimately adopted by City Council on February 26, 2013; it provided a six-month window where PDOD submittals would be accepted, but the number of applications accepted was capped at five. The pilot began immediately after adoption and was set to expire on September 9, 2013. According to the PDOD Ordinance, City Council has the option to extend the pilot “in the event that, during the six-month term of its existence, there have been insufficient development proposals presented to the City within the boundaries of the PDOD map to adequately inform the City Council as to the viability of the District” (Ordinance No. 24 attached). ATTACHMENT 1 Packet Pg. 72 Attachment4.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2347 : SR 116 PDOD Extension) Agenda Item 8 Item # 8 Page 2 Despite efforts to market the PDOD to potential applicants, there were no submittals during the first six months of the pilot. At a work session on August 2, 2013, P&Z discussed whether or not to recommend extending the pilot. Staff presented feedback gathered from the local development community and citizen taskforce that was formed to help staff evaluate the PDOD (feedback summary attached). Ultimately, the Board agreed the best course of action was to extend the pilot for an additional year. City Council agreed and passed Ordinance No. 115, 2013 (attached), extending the PDOD pilot until September 9, 2014. Despite the high level of development activity since adoption of the pilot, zero projects have chosen to try the PDOD. Anecdotally, applicants are choosing the more predictable Land Use Code process which provides the opportunity to request modifications should their project require flexibility. The PDOD, on the other hand, was designed for complex projects, requires a greater level of review, is more subjective, and sets higher standards through the performance matrix. Staff was prepared to let the PDOD pilot expire on September 9 primarily because of the lack of interest in the last 18-months. Considering the projects that have been through development review in the same timeframe, it is difficult to make the case that the City’s Land Use Code is ineffective for infill and redevelopment. At the same time, the PDOD may still prove useful for a larger, complex project, and it requires minimal staff resources to continue the pilot. At their regular meeting on August 14, 2014, P&Z voted unanimously to recommend that City Council extend the PDOD pilot for an additional twelve-month period, making the new expiration date September 2015. The same conditions of the original pilot as established by Ordinance No. 24, 2013 would apply:  Only projects within the defined boundary area are eligible to use the PDOD.  Up to five PDOD submittals will be accepted within the twelve-month pilot extension.  City staff will collect data on any PDOD projects that submit, and with help from the citizen taskforce, evaluate how well the PDOD is working and report back to City Council.  Council will continue to have the option to extend the pilot should insufficient projects submit during the twelve-month timeframe. FINANCIAL / ECONOMIC IMPACTS The purpose of the PDOD is to reduce barriers for infill and redevelopment projects, which directly implements Economic Health Policy 4.2 from City Plan. Additionally, the performance matrix provides the opportunity for the economic benefits of a project to be considered; this is unique and not something that existing development review can take into consideration. Concern has been raised that complying with the PDOD (specifically, the performance matrix) may add cost to a development project. While it is true that the performance matrix rewards projects for going beyond minimum Land Use Code standards, it is very difficult to provide an accurate analysis of costs for a PDOD project because of the trade-offs and variety of options an applicant has to comply with the performance matrix. Financial impact is something the pilot will evaluate to determine whether the concerns raised are justified. ENVIRONMENTAL IMPACTS Implementing the PDOD pilot would facilitate infill development and redevelopment projects throughout the boundary area, which may or may not have environmental issues to address. Article 3.4.1 of the Land Use Code, Natural Habitats and Features, must be complied with in its entirety, which maintains existing environmental protections from development activity. Additionally, the performance matrix provides the opportunity to reward projects that go beyond code minimums in terms of environmental protections and green/sustainable building/site design; this is a unique feature of PDOD that the existing development review process does not consider. Packet Pg. 73 Attachment4.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2347 : SR 116 PDOD Extension) Agenda Item 8 Item # 8 Page 3 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board made a unanimous recommendation that City Council adopt the Ordinance. Minutes from the August 14, 2014, P&Z meeting are provided. PUBLIC OUTREACH Prior to the first extension of the PDOD pilot, the following outreach occurred:  Staff met with eight representatives from local planning/development firms prior to adoptions of the first pilot extension to understand what, if anything, they were hearing from their clients regarding the PDOD, and any general observations they had on why no PDOD pilot projects had been submitted. A similar conversation was had with City Planning staff based on input heard from recent applicants.  A citizen taskforce comprised of eight individuals was formed at the onset of the pilot, whose role was to assist staff with the evaluation of the PDOD. The taskforce met on three different occasions, and at the last meeting in summer of 2013, discussed whether or not the pilot should be extended. The group unanimously supported continuing the pilot, although there was not agreement on whether it should be extended as-is or whether it should be modified to be more enticing, e.g., expanding the PDOD boundary or lowering the point requirement on the performance matrix. Since adoption of the first extension in September 2013, no formal outreach has taken place. ATTACHMENTS 1. PDOD Pilot Boundary (PDF) 2. PDOD Ord 24 (PDF) 3. PDOD 2013 Feedback Summary (PDF) 4. PDOD Ordinance 115 (PDF) 5. Draft August 14, 2014 P&Z Minutes (PDF) Packet Pg. 74 Attachment4.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2347 : SR 116 PDOD Extension) - 1 - ORDINANCE NO. 116, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING ORDINANCE NO. 024, 2013, WHICH AMENDED THE LAND USE CODE BY THE ADDITION OF A TEMPORARY PLANNED DEVELOPMENT OVERLAY ZONE DISTRICT FOR ONE ADDITIONAL YEAR WHEREAS, on February 26, 2013, the City Council adopted on second reading Ordinance No. 024, 2013, amending the Land Use Code by the addition of a temporary Planned Development Overlay Zone District (“PDOD”); and WHEREAS, Ordinance No. 024, 2013, provides that, at the end of the pilot program, City staff will evaluate the program and report the outcomes to the City Council and, based on staff's report, the City Council will determine whether the PDOD should be continued, amended or terminated; and WHEREAS, since the adoption of Ordinance No. 024, 2013, no applications have been filed with the City for the processing of a development proposal under the PDOD and, therefore, no report has been prepared; and WHEREAS, on September 3, 2013, City Council adopted Ordinance No. 115, 2013, extending Ordinance No. 024, 2013 to September 9, 2014; and WHEREAS, on August 14, 2014, the Planning and Zoning Board recommended that the PDOD be extended for one additional year; and WHEREAS, the City Council has determined that it is in the best interests of the City to extend the PDOD adopted by Ordinance No. 024, 2013, for one additional year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Ordinance No. 024, 2013, amending the Land Use Code by the addition of a PDOD shall remain in effect until September 9, 2015, whereupon it shall terminate and be of no further force and effect unless extended by ordinance of the City Council. Section 2. That Section 4.29 (A)(2) of the Land Use Code is hereby amended to read as follows: (2) Applicability. Any property located within the PDOD (Figure 22) shall be eligible to develop according to the standards set forth in subsection (D) at the option of the developer. This Division shall be applicable only to an application for approval of a detailed development plan which has been filed with the City on or before September 9, 2015, unless said deadline has been extended by subsequent ordinance of the City Council. No more than five (5) applications shall be received and accepted for processing Packet Pg. 75 Attachment4.2: Ordinance No. 116, 2014 (2347 : SR 116 PDOD Extension) - 2 - during the effective term of this ordinance, which term ends on September 9, 2015; and the Director may determine to close the acceptance of applications prior to September 9, 2015, if necessary in order to properly and adequately process and administer the applications received. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk . Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 76 Attachment4.2: Ordinance No. 116, 2014 (2347 : SR 116 PDOD Extension) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator Rob Mosbey, Chief Construction Inspector Paul Sizemore, FC Moves Program Manager SUBJECT Second Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 2, 2014, appropriates $314,903 in Safe Routes to School grant funding to design and build a new multi-use path along Lindenmeier Road serving Tavelli Elementary School. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 117, 2014 (PDF) Packet Pg. 77 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator Rob Mosbey, Chief Construction Inspector Paul Sizemore, FC Moves Program Manager SUBJECT Items Relating to the FY 2013-14 Safe Routes to School Program EXECUTIVE SUMMARY A. Resolution 2014-077 Authorizing the Execution of a Project Construction Grant Agreement Between the City and the Colorado Department of Transportation (CDOT). B. First Reading of Ordinance No. 117, 2014, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2013-14 Safe Routes to School Program and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of these items is to enter into an intergovernmental agreement with CDOT and appropriate $314,903 in Safe Routes to School grant funding to design and build a new multi-use path along Lindenmeier Road serving Tavelli Elementary School. STAFF RECOMMENDATION Staff recommends adoption of this resolution and ordinance on first reading. BACKGROUND / DISCUSSION The City of Fort Collins Safe Routes to School program has received a $244,903 federal grant through the Colorado Department of Transportation for the FY 2013-14 Safe Routes to School program. This project requires a minimum 20% local match, which will be paid by Poudre School District in the amount of $70,000. The total amount of this appropriation request, including CDOT grant funding and matching funds, is $314,903. This is the latest of several CDOT grants received by the City’s Safe Routes to School program (SRTS) since 2007, totaling $730,725. This new funding will allow the SRTS program (administered and staffed by the FC Moves Dept.) and Engineering to construct a new multi-use path and signalized crosswalk serving Tavelli Elementary. The grant also requires an educational component, which will provide events and programming to teach the Tavelli community about the benefits of walking and biking to school as well as safety precautions. (City and CDOT Intergovernmental Agreement; and Grant Application attached). The City of Fort Collins FC Moves staff develops and administers the local SRTS program. The success of the program is based on collaborations with local partners including Poudre School District (PSD), Thompson School District, Bicycle and Pedestrian Education Coalition, Safe Kids Larimer County, Boys & Girls Clubs of Larimer County, University of Colorado Health, Kaiser Permanente, Coalition for Activity and Nutrition to Defeat Obesity, Bike Fort Collins, various City departments (Traffic Operations, Police, Engineering, Recreation, Streets), individual schools and parents. ATTACHMENT 1 Packet Pg. 78 Attachment5.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2348 : SR 117 Safe Routes to School) Agenda Item 9 Item # 9 Page 2 Providing a safe, encouraging environment for children to bike or walk to school requires adherence to the Five Es of Safe Routes to School: Education, Encouragement, Engineering, Enforcement, and Evaluation. This project focuses on “Engineering” by providing a 10-foot multi-use path and signalized crosswalk along a stretch of Lindenmeier Road where no sidewalks and only a very narrow road shoulder currently exist. The project was identified as high priority for both the City and PSD because of the severe traffic congestion problems in the vicinity of the school during arrival and dismissal times. This new bike-ped facility will help to alleviate traffic congestion associated with parents driving their children to school. This multi-use path will run on the east side of Lindenmeier from Forest Hills Lane north to the front door of Tavelli Elementary and will utilize the existing bike-ped path on the bridge over Larimer Weld Canal (also known as Eaton Ditch). The project also will include a short stretch of new multi-use path on the west side of Lindenmeier, filling the gap from an existing sidewalk on the west side to the new signalized crossing; this will allow children from the west side to safely access the signalized crosswalk and east-side path. (See conceptual drawings in Attachment 2, Grant Application). This project directly supports City Plan and the City’s Transportation Master Plan: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. This CDOT grant also requires an educational component. The educational component of this grant will include an open house at Tavelli Elementary for Tavelli staff and parents, as well residents who live in the area, after the design is complete. The SRTS program also will conduct in-school education after the path is built to show parents and children how best to use the path and signalized crosswalk. FINANCIAL / ECONOMIC IMPACTS The Colorado Department of Transportation (CDOT) is providing $244,903, with a minimum of 20% matching funds required; the matching funds will be paid by Poudre School District in the amount of $70,000. The funds will be allocated as outlined in the CDOT-approved scope of work (City and CDOT Intergovernmental Agreement attached). No other City funding is required. Many governmental and nonprofit research organizations are beginning to quantify the economic benefits of active transportation. Economic savings are a clear result when people shift away from motor vehicle use, particularly for short trips, and opt instead to walk or bike. These savings are realized by both individual families as well as the larger community. Choosing to walk or bike translates to personal savings for families through fewer car trips and reduced costs for vehicle maintenance and fuel. For the larger community, reduced automobile emissions combined with a more physically active populace translates to lower health-care costs by reducing the incidence of disease associated with physical inactivity and air pollution. Shifts to active-transportation modes also impact the community’s economy through less wear and tear on roadways (reducing road maintenance expenditures) and higher home values in areas with less traffic congestion and air pollution. Packet Pg. 79 Attachment5.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2348 : SR 117 Safe Routes to School) Agenda Item 9 Item # 9 Page 3 The total project appropriation of $314,903 includes $3,149 for 1% Art in Public Places (APP). Of this amount $2,456 will be transferred to the APP project in the Cultural Services and Facilities Fund for the artwork and the remaining $693 will be transferred to the same fund for the maintenance of the artwork and operations of the APP program. The total amount transferred for APP will be $3,149, or 1% of the total project cost. ENVIRONMENTAL IMPACTS Public-health and environmental agencies are recognizing the connection between active transportation choices and improved health of both people and the environment. According to the Centers for Disease Control and Prevention, “Although motor vehicle emissions have decreased significantly over the past three decades, air pollution from motor vehicles continues to contribute to the degradation of our environment and adverse respiratory and cardiovascular health effects.” The following is an excerpt from a CDC website on transportation-related health issues: Active transportation is any self-propelled, human-powered mode of transportation, such as walking or bicycling. Physical inactivity is a major contributor to the steady rise in rates of obesity, diabetes, heart disease, stroke, and other chronic health conditions in the United States. Many Americans view walking and bicycling within their communities as unsafe due to heavy traffic and a scarcity of sidewalks, crosswalks, and bicycle facilities. Improving these elements could encourage active transportation such as children biking to school or employees walking to work. Safe and convenient opportunities for physically active travel also expand access to transportation networks for people without cars, while also spurring investment in infrastructure to increase the comfort of the on-road experience to improve the appeal of active modes to all people. The CDC specifically mentions Safe Routes to School as a means of ameliorating the negative impacts of motor vehicle emissions and chronic diseases stemming from physical inactivity among children. BOARD / COMMISSION RECOMMENDATION The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS program. Both groups have shown strong support for the program’s goals as well as for grant funding to support the program. PUBLIC OUTREACH This project has been reviewed and supported by the PSD SRTS Steering Committee as well as PSD administration, including the superintendent. Public outreach will include an open house at Tavelli Elementary for Tavelli staff and parents, as well residents who live in the area, after the design is complete. ATTACHMENTS 1. City and CDOT Intergovernmental Agreement (PDF) 2. Grant Application (PDF) Packet Pg. 80 Attachment5.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2348 : SR 117 Safe Routes to School) - 1 - ORDINANCE NO. 117, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR A SAFE ROUTES TO SCHOOL PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the Safe Routes to School Program established by the Colorado Department of Transportation (CDOT) is designed to promote the safety of students traveling to and from school and to encourage more students to choose walking or bicycling to and from school; and WHEREAS, the City of Fort Collins Safe Routes to School Program has received a federal grant through the Colorado Department of Transportation (CDOT) in the amount of $244,903 for a Safe Routes to School Project; and WHEREAS, this grant requires a minimum 20% local match which has been paid for by Poudre School District in the amount of $70,000; and WHEREAS, the grant and matching funds will be used to construct a new multi-use path and signalized crosswalk serving Tavelli Elementary School and to provide events and programming to teach the Tavelli community about the benefits of walking and biking to school as well as safety precautions; and WHEREAS, the total amount of this appropriation request, including the CDOT grant and matching funds, is $314,903; and WHEREAS, $3,149, which represents one percent of the appropriation for the construction project, must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $2,456 reserved for the APP artwork project and $693 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the grant funds as described herein will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof Packet Pg. 81 Attachment5.2: Ordinance No. 117, 2014 (2348 : SR 117 Safe Routes to School) - 2 - from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the Transportation Services Fund the sum of THREE HUNDRED FOURTEEN THOUSAND NINE HUNDRED THREE DOLLARS ($314,903) for the grant project to construct a path serving Tavelli Elementary School. Section 2. That the unexpended appropriated amount of TWO THOUSAND FOUR HUNDRED FIFTY-SIX DOLLARS ($2,456) in the Transportation Services Fund - Safe Routes to School Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art Project. Section 3. That the unexpended appropriated amount of SIX HUNDRED NINETY- THREE DOLLARS ($693) in the Transportation Services Fund - Safe Routes to School Grant Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 82 Attachment5.2: Ordinance No. 117, 2014 (2348 : SR 117 Safe Routes to School) Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Ken Mannon, Operations Services Director Mark Sears, Natural Areas Program Manager Kurt Friesen, Director of Park Planning & Development SUBJECT Items Relating to Larimer County’s Request for Right-of-Way and Temporary Construction Easements Across Five City Properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street Widening and Cache la Poudre Bridge Replacement. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on McMurry Natural Area to Larimer County. B. Second Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County. C. Second Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on Poudre River Trail Property to Larimer County. D. Second Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Property Located at 812 North Shields Street to Larimer County. E. Second Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Railbanking Property to Larimer County. These Ordinances, unanimously adopted on First Reading on September 2, 2014, convey permanent rights-of- way and temporary construction easements to Larimer County for improvements related to the North Shields Street widening and Cache la Poudre River bridge replacement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 118, 2014 (PDF) 3. Ordinance No. 119, 2014 (PDF) 4. Ordinance No. 120, 2014 (PDF) 5. Ordinance No. 121, 2014 (PDF) 6. Ordinance No. 122, 2014 (PDF) Packet Pg. 83 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Ken Mannon, Operations Services Director Mark Sears, Natural Areas Program Manager Kurt Friesen, Director of Park Planning & Development SUBJECT Items Relating to Larimer County’s Request for Right of Way and Temporary Construction Easements across five City properties to Construct, Operate and Maintain Improvements Associated with the North Shields Street widening and Cache la Poudre bridge replacement. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 118, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on McMurry Natural Area to Larimer County. B. First Reading of Ordinance No. 119, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on North Shields Pond Natural Area to Larimer County. C. First Reading of Ordinance No. 120, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on Poudre River Trail Property to Larimer County. D. First Reading of Ordinance No. 121, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Property Located at 812 North Shields Street to Larimer County. E. First Reading of Ordinance No. 122, 2014, Authorizing the Conveyance of a Deed of Dedication and a Temporary Construction Easement on City Railbanking Property to Larimer County. The purpose of this item is to convey permanent rights-of-way and temporary construction easements to Larimer County for improvements related to the North Shields Street widening and Cache la Poudre River bridge replacement. Larimer County will be widening the existing North Shields Street from a two-lane to a three-lane road to provide a median/left turn lane, a trailhead parking lot, bike lanes and sidewalks from the Arthur Ditch north to Willox Lane beginning in early 2015. The street and bridge construction will require one temporary construction easement and the conveyance of permanent right-of-way (by deed of dedication) on each of five City properties including McMurry Natural Area and North Shields Pond Natural Area. ATTACHMENT 1 Packet Pg. 84 Attachment6.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2344 : SR 118-122 N. Shields St. Easements) Agenda Item 10 Item # 10 Page 2 This project is being completed in partnership with the City. In particular, the Natural Areas and Parks Departments are working with the County to provide better access to the river for hiking, tubing and fishing. The new bridge will feature sidewalks on the bridge and trails leading from the bridge to the river to provide improved pedestrian access across the bridge as well as to the river. A new approximately 40 car trailhead parking lot will be constructed on the northwest portion of the area on land owned by Larimer County Emergency Services and a sidewalk will connect the parking area with the Poudre River as well as the North Shields Pond Natural Area. An additional benefit of the project will be to fill a small portion of the eastern pond at North Shields Ponds Natural Area to accommodate the widening of North Shields Street and to construct a new trail along the east shore of the pond to improve access around the pond. This will require one temporary construction easement and the dedication of permanent right-of-way on North Shields Ponds Natural Area. Natural Areas has agreed to be responsible for maintaining the trailhead parking lot and the new paved trails providing access to McMurry Natural Area, North Shields Pond Natural Area, the Poudre Trail and the Poudre River. Larimer County, Parks and Natural Areas will each be paying for a portion of these improvements. Council will be asked to approve an Inter-Governmental Agreement defining the cost sharing on the improvements and the ongoing maintenance of the trailhead parking lot and trails early next year. STAFF RECOMMENDATION Staff recommends adoption of these Ordinances on First Reading. BACKGROUND / DISCUSSION Larimer County (the County) currently maintains North Shields Street (Shields) just north of Vine Street (Vine) and into unincorporated Larimer County. The County Engineering Department (Engineering) is planning the expansion of Shields from the Arthur Ditch north of Vine Drive up to Willox Lane (Willox) (Attachment 1). Shields serves as a primary connection between Fort Collins and northern unincorporated Larimer County and carries more than 9,000 vehicles per day. The expansion and bridge replacement have been necessitated by a number of concerns.  The mile of road between Vine and Willox has more than 30 access points (driveways or intersections) without turn lanes or shoulders.  The access to the Poudre River Trail is ill-defined and has no dedicated parking. Users have historically parked along the sides of Shields and have had to mingle in the road with traffic to access the Trail or River in the area.  No facilities exist for the heavy amount of bicycle and pedestrian traffic along the corridor.  The Poudre River Bridge is very narrow, has poor roadway approaches and water is undermining the bridge pier. It is classified as ‘structurally deficient’. Monitoring equipment has been installed to track pier stability until the bridge can be replaced. Together, these issues have generated a safety concern in the corridor. More than 20 crashes have been reported along the corridor in the last five years. Seven of the crashes occurred near the river and trail. Larimer County has received three federal grants to make improvements to Shields. One grant is to replace the bridge over the Poudre River, another is to make improvements to Shields between the Arthur Ditch and Willox and the third is to provide a trailhead/parking area for the Poudre River Trail. On a related note, the City has received a federal funding grant to rebuild the intersection at Shields and Vine. This is a separate project, but design and construction will be coordinated. Packet Pg. 85 Attachment6.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2344 : SR 118-122 N. Shields St. Easements) Agenda Item 10 Item # 10 Page 3 In 2011, the County began discussions with the City regarding the potential for collaboration on the project. Two Natural Areas, McMurry Natural Area (McMurry) and North Shields Ponds Natural Area (North Shields Ponds), and three other City properties fall within the project area (Attachment 2). This project provides an opportunity to address safety concerns mentioned above with a new bridge, better access points, trail improvements and the construction of a parking lot/trailhead. Alternatives Analysis The alternatives that could mitigate the impacts to the City properties are limited. Near McMurry, the roadway could be realigned to the west as it approaches the river by moving the bridge and riprap protection upstream. The bridge and channel could possibly be designed with more concrete retaining wall and concrete slope protection features to try to limit the length of the downstream impacts. These options are highly undesirable for public safety, cost and aesthetics reasons. An alternative that could mitigate the impacts at the North Shields Ponds would include realignment of the road to the east or constructing a retaining wall and guardrail. These options are also undesirable due to safety, cost and aesthetics. The alignment selected minimizes the impacts to the River and to each of the City properties. North Shields Ponds Natural Area North Shields Street Expansion At the request of NAD, a small portion of the most eastern pond on North Shields Ponds will need be filled in (Attachment 3). Filling this small portion of the pond will allow for a gentler slope from the road and will eliminate the need for a guardrail. The fill will also enable installation of a wider more sustainable soft surface trail around the eastern shore of the pond and provide better access for users of the Natural Area. The fill (requested by NAD) will disturb a small fringe area of existing wetlands and require the removal of a few small trees; however the fill will allow NAD to create a more extensive wetland fringe along the eastern edge of the pond and provide a wider area to plant many more trees. Larimer County will pay for the earthwork, tree planting and reseeding of the disturbed areas; NAD will pay for the trail construction and the wetland planting. The permanent roadway dedication is approximately 0.180 acre (7,839 square feet) and the temporary construction easement is 0.254 acre (11,053 square feet). Trails and Trailhead NAD, Parks and County staff are collaborating on the trailhead and parking lot design on the Larimer County Emergency Services (LCES) property to alleviate parking and traffic issues triggered by the area’s popularity with recreational users. The LCES property is just north of the River and south of North Shields Ponds. (Attachment 5) The trailhead will feature a parking lot, vault toilets, a kiosk, bike racks, and trail connections to the boating put-ins at the River; to McMurry; to North Shields; and the Poudre River trail. Once the costs and the funding for the trailhead and trails are better defined, staff will prepare an Inter-Governmental Agreement for Council to consider early next year. McMurry Natural Area and Parks Poudre River Trail Property East of Shields River Bridge Replacement The existing two-lane bridge sits at the western edge of McMurry. (Attachment 4) The bridge is decades old, does not have any shoulders or sidewalks, and the elevation of the bridge causes limited visibility for approaching drivers. The new bridge will be approximately 67’ wide (approximately 37’ wider than the existing bridge), thus creating the need for the roadway dedication on McMurry. The new bridge will include two driving lanes plus a median, bike lanes, and sidewalks. The permanent roadway dedication is approximately 0.316 acre (13,751 square feet) and the temporary construction easement is 0.273 acre (11,887 square feet). Packet Pg. 86 Attachment6.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2344 : SR 118-122 N. Shields St. Easements) Agenda Item 10 Item # 10 Page 4 Poudre River Trail East Currently, the Trail travels under the existing bridge on the southern bank of the River. With the replacement of the bridge and the associated foundation work, the existing trail will be reconstructed in generally the same location and a second paved trail will be constructed on the northern bank of the River under the bridge. The second trail will connect to the planned parking lot and trailhead on the LCES property just north of the River. The second trail will provide access to boating put-ins located on the western and eastern sides of the bridge, and the McMurry trail system. The new trail will also connect to the sidewalk along the eastern side of the bridge and will be ADA compliant. Restoration Efforts For the past three years, NAD has been engaged in a major restoration effort on McMurry to return the former gravel pits to a more natural condition. The most recently completed phase of restoration re-contoured the north River bank to mimic historic hydrologic flows and allow for periodic flooding into McMurry. The final grading of the bridge will tie into the elevation of the bank re-contouring. Parks Poudre River Trail Property west of Shields Street Similar to the trail property east of Shields, the bridge replacement will impact the existing trail on the west of Shields (Attachment 5). The trail will be reconstructed in roughly the same location. The road expansion and bridge replacement necessitate a permanent roadway dedication of approximately 0.037 acre (1,614 square feet) and a temporary construction easement of 0.134 acre (5,857 square feet). 812 N. Shields Street (Operation Services property) As part of the Shields widening, the existing two lane bridge across Arthur Ditch will be replaced. The ditch is immediately south of 812 N. Shields (Attachment 6). Irrigation crossing structures will be moved south. Permanent road right of way will be expanded fifteen (15) feet onto the property. Sidewalk, curb and gutter will be put in place. Storm sewer inlets will direct flows west into the detention area that is part of the West Vine Basin Outfall drainage project. Access to the property will be improved with a new concrete entry way that will extend 20 feet onto the property. The permanent roadway dedication is approximately 0.004 acre (171 square feet) and the temporary construction easement is 0.015 acre (656 square feet). Railroad Corridor Parcels - west of Shields St. These two parcels, located across N. Shields Street from 812 N. Shields Street, span Arthur Ditch and will be similarly impacted (Attachment 7). Sidewalk, curb and gutter will be put in place. Storm sewer inlets will direct flows west into the detention area that is part of the West Vine Basin Outfall drainage project. A gas line will be relocated. The permanent roadway dedication is 0.063 acre (2,752 square feet) and the temporary construction easement is 0.084 acre (3,677 square feet). FINANCIAL / ECONOMIC IMPACTS Consideration for the dedicated roadway easements is two-fold. On the general City property - 812 N. Shields (Operation Services), the total amount of consideration to be paid to the City for the permanent and temporary interests is $700.00 based on appraised value. On the Natural Areas/Parks properties, the value of the property interests has been calculated at $20,067.61 (roadway dedications), $3,844.57 (temporary easements) and the ecosystem impact fees have been calculated at approximately $600.00. However, these charges, along with the standard application fee, restoration fee, and billed staff hours, will not be collected from the County because the County’s contribution to the project’s benefits, including the new trails, sidewalks and bike lanes over the bridge, boating put-ins, trailhead and parking lot, and better pond access far exceed these typical fees. NAD, Parks and the County will be cost-sharing on the trailhead parking lot and the trails per an intergovernmental agreement that will be brought back to Council for approval after the first of the year. See table (Attachment 8) for breakdown by parcel and type of property interest. Packet Pg. 87 Attachment6.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2344 : SR 118-122 N. Shields St. Easements) Agenda Item 10 Item # 10 Page 5 ENVIRONMENTAL IMPACTS An extensive biological survey has been completed for the entire project area, and to date has found no threatened or endangered species that would be impacted. Additionally, the bridge replacements are planned to be completed in the winter when vegetation is dormant and the river and ditch are at lowest flow/no flow. The roadway widening will impact largely non-native vegetation and areas that will be impacted by the NAD restoration project. The small area of wetlands impacted by the filling on the east end of N. Shields Pond (as requested by NAD) will be mitigated by NAD resulting in a more extensive wetland area along the east edge of the pond. The easement areas on the Natural Areas will be reseeded by the County with native vegetation at NAD’s direction and all tree removal will be mitigated by the County. With the safeguards mentioned, the environmental impacts will be minimal. BOARD / COMMISSION RECOMMENDATION At its July, 10, 2013 regular meeting, the Land Conservation and Stewardship Board unanimously voted to recommend that the City Council approve the conveyance of the requested property interests on McMurry and North Shields Pond Natural Areas. An excerpt of the meeting minutes is included as Attachment 9. The N. Shields Project was discussed with the Parks and Recreation Board during the November 9, 2011, April 25, 2012, September 25, 2013 meetings. PUBLIC OUTREACH The County has conducted extensive public outreach efforts including public notification and open houses. Summaries of public comments given to County staff have been compiled and submitted to NAD. Overall, public support for the project is strong. ATTACHMENTS 1. Location Map (PDF) 2. Project Maps (PDF) 3. North Shields Ponds Natural Area Easement Exhibits (PDF) 4. McMurry Natural Area and Parks Poudre River Trail East Easement Exhibits (PDF) 5. Poudre River Trail Property West Easement Exhibits (PDF) 6. 812 N Shields (Op Services) Easement Exhibits (PDF) 7. Railroad Corridor Parcels Easement Exhibits (PDF) 8. Easement Values Table (PDF) 9. Land Conservation and Stewardship Board meeting minute excerpt (PDF) Packet Pg. 88 Attachment6.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2344 : SR 118-122 N. Shields St. Easements) - 1 - ORDINANCE NO. 118, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON MCMURRY NATURAL AREA TO LARIMER COUNTY WHEREAS, the City is the owner of two parcels of real property located in Sections 2 and 3, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel numbers 9702300909 and 9702300955, which are part of McMurry Natural Area and Parks Poudre River Trail East property (the “City Property”); and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, the County has asked the City to dedicate a portion of the City Property as a public highway and grant a temporary construction easement on a portion of the City Property for the benefit of its Project; and WHEREAS, the areas of the proposed roadway dedication and temporary construction easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and incorporated herein by reference (the “Property Interests”); and WHEREAS, the portion of the City Property to be dedicated for highway purposes is .316 acres in size, and the area of the temporary construction easement is .273 acres; and WHEREAS, as mitigation and compensation for the Property Interests, as well as additional property interests across three other City Natural Areas and Parks properties that the City Council is being asked to approve by separate ordinances, the County will provide improvements on the City properties as part of the Project including new trails, boating put-ins, and a new trailhead and parking lot; and WHEREAS, the County would also be required to restore and reseed areas of the City Property affected by the Project and mitigate any tree removal; and WHEREAS, City staff has determined that the fair market value of the Project property interests the County is requesting on Natural Areas properties is approximately $20,000, while the value of the improvements the County will provide that benefit the Natural Areas properties will be over $200,000, and therefore no additional compensation from the County should be required; and Packet Pg. 89 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 2 - WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and WHEREAS, at its regular meeting on July 10, 2013, the Land Conservation and Stewardship Board voted to recommend that the Council approve the conveyance of the Property Interests on the City Property; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City’s conveyance to the County of the Property Interests on the City Property as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property Interests to the County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 90 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 3 - Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 91 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) McMurry Natural Area and Parks Trail East Right of Way Easement ROW 22 Attachment 4 Packet Pg. 92 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) ROW 22 Packet Pg. 93 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) TE 22 Packet Pg. 94 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) TE 22 Packet Pg. 95 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) McMurry and Parks Trail East Packet Pg. 96 Attachment6.2: Ordinance No. 118, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 1 - ORDINANCE NO. 119, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON NORTH SHIELDS POND NATURAL AREA TO LARIMER COUNTY WHEREAS, the City is the owner of a parcel of real property located in Section 3, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel number 9703100902, which is part of the North Shields Ponds Natural Area (the “City Property”); and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, the County has asked the City to dedicate a portion of the City Property as a public highway and grant a temporary construction easement on a portion of the City Property for the benefit of its Project; and WHEREAS, the areas of the proposed roadway dedication and temporary construction easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and incorporated herein by reference (the “Property Interests”); and WHEREAS, the portion of the City Property to be dedicated for highway purposes is .180 acres in size, and the area of the temporary construction easement is .254 acres; and WHEREAS, as mitigation and compensation for the Property Interests, as well as additional property interests across three other City Natural Areas and Parks properties that the City Council is being asked to approve by separate ordinances, the County will provide improvements on the City properties as part of the Project including new trails, boating put-ins, and a new trailhead and parking lot; and WHEREAS, the County would also be required to restore and reseed areas of the City Property affected by the Project and mitigate any tree removal; and WHEREAS, City staff has determined that the fair market value of the Project property interests the County is requesting on Natural Areas properties is approximately $20,000, while the value of the improvements the County will provide that benefit the Natural Areas properties will be over $200,000, and therefore no additional compensation from the County should be required; and Packet Pg. 97 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 2 - WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and WHEREAS, at its regular meeting on July 10, 2013, the Land Conservation and Stewardship Board voted to recommend that the Council approve the conveyance of the Property Interests on the City Property; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City’s conveyance to the County of the Property Interests on the City Property as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property Interests to the County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 98 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 3 - Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 99 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) $WWDFKPHQW "A-1" Packet Pg. 100 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) North Shields Pond Right of Way Easement Packet Pg. 101 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) North Shields Pond Temporary Easement "A-2" Packet Pg. 102 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) North Shields Pond Temporary Easement Packet Pg. 103 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) A-3 Packet Pg. 104 Attachment6.3: Ordinance No. 119, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 1 - ORDINANCE NO. 120, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON POUDRE RIVER TRAIL PROPERTY TO LARIMER COUNTY WHEREAS, the City is the owner of a parcel of real property located in Section 3, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel number 9703100945 which is part of the Poudre River Trail west of Shields Street (the “City Property”); and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, the County has asked the City to dedicate a portion of the City Property as a public highway and grant a temporary construction easement on a portion of the City Property for the benefit of its Project; and WHEREAS, the areas of the proposed roadway dedication and temporary construction easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and incorporated herein by reference (the “Property Interests”); and WHEREAS, the portion of the property to be dedicated for highway purposes is .037 acres in size, and the area of the temporary construction easement is .134 acres; and WHEREAS, as mitigation and compensation for the Property Interests, as well as additional property interests across three other City Natural Areas and Parks properties that the City Council is being asked to approve by separate ordinances, the County will provide improvements on the City properties as part of the Project including new trails, boating put-ins, and a new trailhead and parking lot; and WHEREAS, the County would also be required to restore and reseed areas of the City Property affected by the Project and mitigate any tree removal; and WHEREAS, City staff has determined that the value of the improvements the County will provide exceed the fair market value of the requested property interests; and WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and Packet Pg. 105 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 2 - WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City’s conveyance to the County of the Property Interests on the City Property as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property Interests to the County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 106 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 3 - Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 107 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) Poudre River Trail Property West of Shields Right of Way Easement Attachment 5 Packet Pg. 108 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) Poudre River Trail Property West of Shields Temporary Easement Packet Pg. 109 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) Packet Pg. 110 Attachment6.4: Ordinance No. 120, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 1 - ORDINANCE NO. 121, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY LOCATED AT 812 NORTH SHIELDS STREET TO LARIMER COUNTY WHEREAS, the City is the owner of a parcel of real property located in Section 2, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel number 9702300952 (also known as 812 North Shields Street), a residential rental property held and managed by the City’s Operation Services Department (the “City Property”); and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, the County has asked the City to dedicate a portion of the City Property as a public highway and grant a temporary construction easement on a portion of the City Property for the benefit of its Project; and WHEREAS, the areas of the proposed roadway dedication and temporary construction easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and incorporated herein by reference (the “Property Interests”); and WHEREAS, the portion of the City Property to be dedicated for highway purposes is .004 acres in size, and the area of the temporary construction easement is .015 acres; and WHEREAS, as mitigation and compensation for the Property Interests the County has agreed to pay the City $700, which is the appraised value of the Property Interests, and improve access to the City Property by installing a new concrete entryway that will extend twenty feet onto the property; and WHEREAS, the County would also be required to restore and reseed areas of the City Property affected by the Project and mitigate any tree removal; and WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. Packet Pg. 111 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City’s conveyance to the County of the Property Interests on the City Property as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property Interests to the County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 112 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) 812 N. Shields Right of Way Easement Attachment 6 Packet Pg. 113 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) 812 N. Shields (Operation Services) Temporary Easement Packet Pg. 114 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) 812 N. Shields (Operation Services) Temporary Easement Packet Pg. 115 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) Packet Pg. 116 Attachment6.5: Ordinance No. 121, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 1 - ORDINANCE NO. 122, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A DEED OF DEDICATION AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY RAILBANKING PROPERTY TO LARIMER COUNTY WHEREAS, on July 18, 1989, the City entered into an Offer to Purchase and Interim TrailUse/Railbanking Agreement with Burlington Northern Railroad Company (BNSF) in accordance with Section 8(d) of the National Trails System Act (the “Railbanking Agreement”); and WHEREAS, pursuant to the Railbanking Agreement, on May 18, 1990, BNSF quitclaimed to the City its interest in certain railroad right-of-way located in Section 3, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel numbers 9703200949 and 9703406903 (the “City Property”), subject to BNSF’s right to reactivate the former rail line on such property in the future; and WHEREAS, the City Property is managed by the City’s Parks Department as a potential location for a future trail; and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, the City also owns the land on both sides of the City Property in the area of the Project, so the City would be the sole owner of the City Property if BNSF were ever to fully vacate its rights in the railroad right-of-way; and WHEREAS, the County has asked the City to dedicate a portion of the City Property as a public highway and grant a temporary construction easement on a portion of the City Property for the benefit of its Project, to the extent of the City’s interest in the City Property and subject to any existing rights of BNSF; and WHEREAS, the areas of the proposed roadway dedication and temporary construction easement are described on Exhibits “A-1” and “A-2” and shown on Exhibit “A-3”, attached and incorporated herein by reference (the “Property Interests”); and WHEREAS, the portion of the City Property to be dedicated for highway purposes is .063 acres in size, and the area of the temporary construction easement is .084 acres; and Packet Pg. 117 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 2 - WHEREAS, as mitigation and compensation for the Property Interests, as well as additional property interests across three other City Natural Areas and Parks properties that the City Council is being asked to approve by separate ordinances, the County will provide improvements on the City properties as part of the Project including new trails, boating put-ins, and a new trailhead and parking lot; and WHEREAS, the County would also be required to restore and reseed areas of the City Property affected by the Project and mitigate any tree removal; and WHEREAS, City staff has determined that the value of the improvements the County will provide exceed the fair market value of the requested property interests; and WHEREAS, City staff recommends that the City Council authorize the granting of the Property Interests as described in this Ordinance; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City’s conveyance to the County of the Property Interests on the City Property as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Property Interests to the County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Property Interests, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Packet Pg. 118 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) - 3 - Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Passed and adopted on final reading on this 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 119 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Attachment 7 Railroad Corridor Parcels Right of Way Easement Packet Pg. 120 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Railroad Corridor Parcels Right of Way Easement Packet Pg. 121 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Railroad Parcels Temporary Easement Packet Pg. 122 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Railroad Parcels Temporary Easement Packet Pg. 123 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Packet Pg. 124 Attachment6.6: Ordinance No. 122, 2014 (2344 : SR 118-122 N. Shields St. Easements) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Perrie McMillen, Restorative Justice Program Coordinator Beth Sowder, Neighborhood Services Manager Perrie McMillen, Restorative Justice Program Coordinator SUBJECT First Reading of Ordinance No. 124, 2014, Appropriating Unanticipated Grant Revenue in the General Fund and Transferring and Appropriating Funds from the Community Development and Neighborhood Services Operating Budget for the Restorative Justice Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate grant money to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Required cash match is 25% or $18,730. This will be met by appropriating $11,170 in funds from the Community Development and Neighborhood Services operating budget designated for restorative justice. In addition, $7,560 cash match is designated from the Eighth Judicial District Probation Department in the form of donated staff time of the Probation restorative justice specialist. The Probation staff co-coordinates the RESTORE Program with the RJS program director. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Restorative Justice Services and its two programs, RESTORE for shoplifting offenses, and RJCP (Restorative Justice Conferencing Program) for all other offenses, has been partially grant funded since its inception in 2000. The Council yearly accepts grant funds from Colorado Division of Criminal Justice and other grant funding agencies, to support Restorative Justice Services. Since it began, Restorative Justice Services has provided a restorative justice alternative to more than 2,450 young people who committed chargeable offenses in our community. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. The programs help young people understand how family, friends, victim and community are harmed by their actions and hold them accountable for the harm they caused. The intention is that these young people will make better future decisions and not commit the same or similar crime again. Reducing future criminal Packet Pg. 125 Agenda Item 7 Item # 7 Page 2 behavior and keeping young people out of the justice system, both contribute positively to a safer and healthier community. Addressing the needs and concerns of crime victims and community members also has a positive effect of the overall health and safety of the community. Without grant funding and the support of the City, Restorative Justice Services would not be a service available to young people and their families, crime victims, the courts, law enforcement and our community. The Eighth Judicial District Probation Department donates administrative staff time (their restorative justice specialist) to help coordinate the RESTORE Program, the RJS shoplifting component. Restorative Justice Services was under Fort Collins Police Services until January 2013, when the programs made an organizational move to Community Development and Neighborhood Services. FINANCIAL / ECONOMIC IMPACTS Financial The additional grant money in the amount of $56,192 from Division of Criminal Justice, Juvenile Diversion Grants, provides funding for the continuation of Restorative Justice Services. The match requirement will be met by appropriating $11,170 from the Neighborhood Services operating budget, designated for restorative justice and a $7,560 match designated from the Eighth Judicial District Probation Department. The grant period for is from July 1, 2014 to June 30, 2015. This is the first year in a 3-year cycle for the Juvenile Diversion grant. Economic Diverting youth and young adults from the justice system relieves pressure on the courts saving courts personnel time and money. Reducing future shoplifting, theft and other criminal behavior by young people who have participated in the RJS programs will have a long-term positive impact on the economic health of our community by keeping young people out of the justice system, thereby improving their future employment options and encouraging young people to not shoplift or participate in other criminal behavior. ENVIRONMENTAL IMPACTS There is no known or measurable impact on the environment. In RESTORE, education about the impact of shoplifting on the environment (excess packaging to prevent theft that ends up in our landfill) is part of the program, so there may be some future positive impact on the environment if fewer youth continue to shoplift. Occasionally there may be a positive impact on the environment when young people are educated about when and how their actions have an environmental impact. Packet Pg. 126 - 1 - ORDINANCE NO. 124, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND TRANSFERRING AND APPROPRIATING FUNDS FROM THE COMMUNITY DEVELOPMENT AND NEIGHBORHOOD SERVICES OPERATING BUDGET FOR THE RESTORATIVE JUSTICE PROGRAM WHEREAS, the Colorado Division of Criminal Justice has awarded the City of Fort Collins Community Development and Neighborhood Services (“CDNS”) a grant in the amount of $56,192 for salaries associated with the continued operation of the Restorative Justice Program (the “Program”); and WHEREAS, the Program is an alternative method to the traditional criminal justice system, providing services since its inception to more than 2,450 young people who committed chargeable offenses in the community; and WHEREAS, the Program facilitates a meeting with the young offender, the victim, and community members to discuss the harm caused by the young offender and to find meaningful ways for the young person to repair that harm; and WHEREAS, the grant period for this award is from July 1, 2014 to June 30, 2015; and WHEREAS, the grant requires a 25% grant match of $18,730 where the City’s cash match of $11,170 will come from 2014 CDNS operating funds for Restorative Justice and the remaining $7,560 match requirement will come from in-kind services by the Eighth Judicial District Probation Department; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the Colorado Division of Criminal Justice grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by Ordinance any unexpected and unencumbered amount or portion thereof from one project to another project, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 127 - 2 - Section 1. That there is hereby appropriated from unanticipated revenue in the General Fund the sum of FIFTY SIX THOUSAND ONE HUNDRED NINETY TWO DOLLARS ($56,192) for expenditure in the General Fund for continuation of the Restorative Justice Program. Section 2. That the unexpended appropriated amount of ELEVEN THOUSAND ONE HUNDRED SEVENTY DOLLARS ($11,170) is hereby authorized for transfer from Community Development and Neighborhood Services operating funds in the General Fund to the grant project for Restorative Justice Services and appropriated herein. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 128 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir SUBJECT First Reading of Ordinance No. 125, 2014, Amending Section 1.3.4 of the Land Use Code to Conform the Text to Previously Adopted Revisions. EXECUTIVE SUMMARY The purpose of this item is to expand prohibited uses in Section 1.3.4 of the Land Use Code to include the full scope of retail and medical marijuana uses that was defined in Ordinance No. 042 that were not included in Ordinance No. 086. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On March 4, 2014, the City Council passed on First Reading Ordinance No. 042, 2014, making amendments to the Land Use Code pertaining to retail marijuana establishments. On June 3, 2014, the City Council passed on First Reading its usual and customary annual changes to the Land Use Code under Ordinance No. 086, 2014. The Land Use Code team, which worked on Ordinance No. 086, 2014, utilized the existing codified Land Use Code as its basis for changes and did not include both retail and medical marijuana as prohibited uses. Therefore, the changes to Section 1.3.4(C) contained previously utilized language that is contained in the Land Use Code book but did not reflect the changes which were made in March by Ordinance No. 042, 2014. Also, a clause was left out of Section 1.3.4(F) in error and should be included in the Land Use Code. This Ordinance will bring the Land Use Code back into conformity with the Council’s intention in the passage of Ordinance No. 042, 2014. Packet Pg. 129 - 1 - ORDINANCE NO. 125, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1.3.4 OF THE LAND USE CODE TO CONFORM THE TEXT TO PREVIOUSLY ADOPTED REVISIONS WHEREAS, on March 4, 2014, the City Council considered, on first reading, Ordinance No. 042, 2014, making amendments to the Land Use Code in order to accommodate retail marijuana establishments in the City; and WHEREAS, on June 3, 2014, the City Council passed on first reading, Ordinance No. 086, 2014, making various amendments to the Land Use Code; and WHEREAS, the amendments pertaining to marijuana establishments had not yet been published as a part of the Land Use Code book at the time the Land Use Code team was working on Ordinance No. 086, 2014, with the result that certain changes made by Ordinance No. 042, 2014, were not included in the “existing text” as shown in Ordinance No. 086, 2014; and WHEREAS, the City Council has determined that it is in the best interests of the City that the discrepancy in the provisions contained in Section 1.3.4 of the Land Use Code should be amended to reflect the changes made by Ordinance No. 042, 2014, that, in addition, a typographical error should also be corrected in Section 1.3.4; and WHEREAS, because the amendments made by Ordinance No. 042, 2014, as well as Ordinance No. 086, 2014, have been supported by extensive public process and the favorable recommendation of the Planning and Zoning Board, no further outreach is necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1.3.4(A)(6) of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses (A) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (B) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: . . . (56) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility.Such use is not a retail marijuana store, retail marijuana Packet Pg. 130 - 2 - cultivation facility, retail marijuana product manufacturing facility, retail marijuana testing facility, medical marijuana dispensary or a medical marijuana cultivation facility. Section 2. That Section 1.3.4(F) of the Land Use Code is hereby amended to read as follows: (F) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements on such use as are necessary or desirable to accomplish the purposes and intent of this Code, to ensure consistency with City Plan and its adopted components and associated sub-area plans, to prevent or minimize adverse effects and impacts upon the public and neighborhoods, and to ensure compatibility of uses. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 131 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Josh Weinberg, City Planner SUBJECT First Reading of Ordinance No. 126, 2014, Designating the Bode Property, 220 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. EXECUTIVE SUMMARY The owner of the property, Colleen Scholz, is initiating this request for Fort Collins Landmark designation of the Bode Property at 220 Remington Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The property at 220 Remington Street is significant under Fort Collins Landmark Designation Standard C for embodying distinctive characteristics of an architectural type and period. Specifically, this intact and unmodified early twentieth century dwelling is locally significant as a noteworthy example of modest working class Vernacular Masonry architecture in Fort Collins. If its original date of 1884 is correct, it is one of the declining numbers of very early Fort Collins homes still extant. Its modifications appear to pre-date 1901 and are themselves significant components of the house, reflecting early architectural practices to enhance the utility of small dwellings. No evidence was found to indicate important associations with historic events, patterns of events, or important people. Its architectural importance is insufficient to qualify the property as individual eligible for inclusion on the National Register of Historic Places or for Local Landmark designation. However, it is representative of early residential development on the east side of College Avenue and is one of several historic homes on the same block. FINANCIAL / ECONOMIC IMPACTS Recognition of 220 Remington Street as a Fort Collins Landmark enables its owners to qualify for federal, state and local financial incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, the property would see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission (LPC) recommends adoption of the Ordinance on First Reading. At a public hearing held on September 10, 2014, the Landmark Preservation Commission voted to recommend designation of this property under Designation Standards (C), for its architectural significance to the city. Packet Pg. 132 Agenda Item 9 Item # 9 Page 2 ATTACHMENTS 1. Location Map (PDF) 2. Designation Application (PDF) 3. LPC Staff Report (PDF) 4. Photographs (PDF) 5. LPC Resolution (PDF) Packet Pg. 133 Young Peoples Learning Center Library Park Oak St Plaza Park «¬287 E Oak St Mathews St E Olive St E Magnolia St W Olive St W Magnolia St Remington St S College Ave W Mountain Ave E Mountain Ave 220 Remington St 1 inch = 200 © feet Site ATTACHMENT 1 Packet Pg. 134 Attachment9.1: Location Map (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 220 Remington Street, Fort Collins, CO 80524 Legal Description: LOT4. A PORTION OF TRACT ONE. OAKPARK P.U.D. SITUATE IN THE SOUIHEAST 1/4 OF SECTION 12. TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE SIXTH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER. STATE OF COLORADO, WHICH,CONSIDERING THE WEST LINE OF SAID TRACT ONE AS BEARING NOO°OO'OO"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE WEST LINE OF SAID TRACT ONE WHICH BEARS SOO°OO'OO"E 196.18 FEET FROM NORTHWEST CORNER OF SAID TRACT ONE AND RUN THENCE N9OCOO'OO"E 140.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT ONE; THENCE ALONG SAID EAST LINE, SOO°OO'OO"E 53.82 FEET TO THE SOUTHEAST CORNER OF SAID TRACT ONE; THENCE ALONG THE SOUTH LINE OF SAID TRACT ONE, N90°00'00'W 140.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT ONE; THENCE ALONG THE WEST LINE OF SAID TRACT ONE, N00°00'00''E 53.82 FEET TO THE POINT OF BEGINNING Property Name (historic and/or common): The Bode Property OWNER INFORMATION: Name: Colleen Scholz Email: colleen7@frii.com Phone: 970-420-1027 Address: 525 N Whitcomb St. Fort Collins, CO 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Cristina Maguire, Historic Preservation Intern Address: P.O. Box 580, Fort Collins, CO 80522 Planning, Development & Transportation Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.41 6.2740 970.22 4.6134- fax fcgov.c om ATTACHMENT 2 Packet Pg. 135 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 2 Phone: 970-416-2283 DATE: 08/27/2014 Packet Pg. 136 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 3 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. SIGNIFICANCE Properties are eligible for designation if they possess significance, which is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: Standard A: Events. This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. Standard B: Persons/Groups. This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard C: Design/Construction. This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. Standard D: Information potential. This property has yielded, or may be likely to yield, information important in prehistory or history. Packet Pg. 137 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 4 EXTERIOR INTEGRITY Properties are eligible for designation if they possess exterior integrity, which is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard A: Location. This property is located where it was originally constructed or where an historic event occurred. Standard B: Design. This property retains a combination of elements that create its historic form, plan space, structure, and style. Standard C: Setting. This property retains a character and relationship with its surroundings that reflect how and where it was originally situated in relation to its surrounding features and open space. Standard D: Materials. This property retains much of the historic physical elements that originally formed the property. Standard E: Workmanship. This property possesses evidence of the crafts of a particular culture or people during any given period in history or prehistory. This consists of evidence of artisans' labor and skill in constructing or altering the building, structure or site. Standard F: Feeling. This property expresses the aesthetic or historic sense of a particular period of time. This results from the presence of physical features that, taken together, convey the property's historic character. Standard G: Association. This property retains an association, or serves as a direct link to, an important historic event or person. It retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Packet Pg. 138 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 5 STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY (Please describe why the property is significant, relative to the Standard(s) above, and how it possesses exterior integrity.) Per Colorado Historical Society Report, 1996: This intact and unmodified early twentieth century dwelling is locally significant as a noteworthy example of modest working class Vernacular Masonry architecture in Fort Collins. If its original date of 1884 is correct, it is one of the declining numbers of very early Fort Collins homes still extant. Its modifications appear to pre-date 1901 and are themselves significant components of the house, reflecting early architectural practices to enhance the utility of small dwellings. No evidence was found to indicate important associations with historic events, patterns of events, or important people. Its architectural importance is insufficient to qualify the property as individual eligible for inclusion on the National Register of Historic Places or for Local Landmark designation. However, it is representative of early residential development on the east side of College Avenue and is one of several historic homes on the same block; it would therefore qualify as a contributing element of a National Register or locally designated historic residential district including the 200 block of Remington Street. Packet Pg. 139 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 6 HISTORICAL INFORMATION (Please include city directory research and/or a title search if the property is important for its association with a significant person.) Originally constructed in about 1884, this small dwelling appears to have served as modest working class housing for a succession of tenants throughout the twentieth century. 1 Its original owner and early (late-nineteenth century) history is obscure. The earliest documented residents were Theodore and Elizabeth Bode, who occupied the dwelling in 1902. 2 By 1908 H.A. and Edna Benning lived at 220 Remington; H.A. Benning was a foreman for the Great Western Sugar Company. 3 In 1909, Arthur J. and Louise Whistleman had taken up residence in the dwelling. Mr. Whistleman was a bookkeeper for the Commercial Bank and Trust Company on North College Avenue. 4 One of the longer spans of occupancy was from about 1911 to 1919, when Benjamin F. and Cora Replodge resided here. 5 In the 1920’s the house was lived in by Merle G. and Bernice Wrigley (1922), followed by Charles and Zella Crabill and W. E. Hurdle (1925). 6 In 1927 it was used for a podiatric business called Corrective Foot Fitters (Margaret Beeman and John Sendel), but by 1929 a widow, Alta Hildebrandt, was listed as its occupant. 7 In the 1930’s, the small house was home to Harry C. and Katherine Eaton (1931–1938). 8 By 1940 Forest and Bernice Kennedy had moved in, and the Kennedy family remained here at least until 1968. 9 Throughout the 1990s and 2000s the house was rented to a series of short term tenants, including several Colorado State University students. 10 In July 2014, Colleen Scholz purchased the property from Edward K. Russell. 11 Scholz now requests the property be designated as a Fort Collins Landmark. 1220 Remington Street, Fort Collins, Colorado, Larimer County Assessor Property Information, accessed August 28, 2014, http://www.larimer.org/assessor/query/Detail.cfm?PropertyTypeVar=Residential&BuildingIDVar=1&NumVar=R1655900&direct=1. 2 Fort Collins City Directory, 1902, 41. 3 Fort Collins City Directory, 1908, 19. 4 Fort Collins City Directory, 1909–10, 154. 5 Fort Collins City Directory, 1910–11, 94; Larimer County Directory, 1913–14, 75; Larimer County Directory, 1917, 142; Fort Collins, Loveland and Larimer County Directory, 1919, 168. 6 Fort Collins, Loveland and Larimer County Directory, 1922, 146; Fort Collins, Loveland and Larimer County Directory, 1925, 53. 7 Fort Collins, Loveland and Larimer County Directory, 1927, 60, 216; Fort Collins City Directory, 1929, 227. 8 Fort Collins City Directory, 1931, 65, 204; Fort Collins City Directory, 1933, 54; Fort Collins City Directory, 1938, 55. 9 Fort Collins City Directory, 1940, 59; Fort Collins City Directory, 1964, 303. 10 Historic Building Inventory of 220 Remington Street, Fort Collins, March 31, 1996, Office of Archaeology and Historic Preservation, Colorado Historic Society on file at Fort Collins Historic Preservation Department, Fort Collins, Colorado. 11 Edward K Russell, Special Warranty Deed, to Colleen Scholz, July 29, 2014, Larimer County Public Search, accessed August 28, 2014, http://www.larimer.org/clerk/search/showdetails.aspx?CFN=20140041755&MultiLimitField=SendToAppraiser. Packet Pg. 140 Revised 08-2014 Page 7 ARCHITECTURAL INFORMATION Construction Date: estimate-1884 Architect/Builder: unknown Building Materials: stone, brick with wood frame enclosed rear porch Architectural Style: vernacular masonry Description: (Please include any special features of the property/surroundings, as well as dates and descriptions of any additions or alterations to the buildings or structures.) Per Colorado Historical Society Report, 1996: This small one-story vernacular masonry dwelling is situated on the east side of Remington Street, between Oak and Olive Streets. It is a modest-sized dwelling constructed of brick (painted over), which sits upon a stone foundation, now plastered over. The house is composed of several elements, together creating an irregular floor plan. What appears to be the original portion of the house is cross gabled, or “T” shaped structure, composed of a side gabled front wing, with a perpendicular gabled wing extending behind the front wing. A large centered gable extends from the roof of the front portions of the house. The roofs of the cross-gabled portion of the house are moderately pitched and are clad with asphalt shingles. Overlapping “fish scale” shingles are applied to the face of the front (west facing) gable. The front entry is offset slightly to the right (south) and is covered by a distinctive and substantial gabled wooden canopy supported by massive milled wooden brackets, which must have been added in later years. The cross-gabled portion is symmetrically fenestrated with double hung, one-over-one windows with arched tops and wooden lug sills. Near each end of the front façade are two windows, each with a decorative lintel made of protruding brick header voussoirs which continue partially down the sides of the windows. Each side of the side-gabled front wing of the house is penetrated by similar arched windows without the elaborate protruding brick lintels. Two brick chimneys are found on the cross-gabled portion of the house, including one located at the intersection of the gables, and another on the peak of the end-gabled rear wing, towards the back of the house. A very old addition to the house is attached to its south side; this is a low, flat-roofed brick addition with a small parapet front wall on the west side which contains another entry. This second west entry is also topped with a gabled hood supported by massive wooden brackets. This wing is also equipped with arch topped, double-hung windows. A chimney exits the flat roof of this south addition. There are also two shed-roofed additions at the rear of the dwelling. One is a small shed-roofed utility space attached to the back of the original gabled wing, which is clad with vertical board and batten siding, and lacking doors or windows. Another, more substantial enclosed back porch addition is affixed at the rear of the flat-roofed brick south addition. This enclosed rear porch has a shed roof, and is clad with clapboard siding as well as numerous multi-pane windows. A wedge- shaped concrete basement stairwell extends east from this glazed rear porch, adjacent to the rear porch entry. The house appears to be in good condition (as of 1996). It has a tiny front yard which is landscaped with grass and hedges. It has no back yard, and the area behind this house is asphalt paved. This small house was reportedly constructed in 1884, and the architecture of the “T” shaped portion of the house is consistent with this early date. Sanborn map coverage of this area of Fort Collins was not available until 1901, and by that time the house appears to have the same configuration as at present. Thus, it appears that all the additions on this house are pre-1901 (although some materials replacement may have occurred over Packet Pg. 141 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 8 time). Building permits on record for the 1920-1950 period reveal that the dwelling was remodeled around October 1926 (Permit No.1549), and that is July of 1939 another permit (No.5852) was issued for remodeling of porches and re-flooring. The house was improved repeatedly in the 1940’s. It was remodeled in 1941 (Permit No.655), and in 1943 a permit (No.7277) was issued for basement remodeling and re-roofing of the garage (no longer extant). Composition shingle roofing was applied in 1943, and in 1948 a permit (No.10891) was issued for additional basement remodeling and extension of the garage. Most of these improvements were internal, and the house appears to have retained most, if not all, of its 1901 configuration. Packet Pg. 142 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Revised 08-2014 Page 9 REFERENCE LIST or SOURCES of INFORMATION (attach a separate sheet if needed) Colorado Historical Society, Historic Building Inventory, 1996 completed by Jason Marmor Citing: Fort Collins city directories, 1902-1995; Sanborn fire insurance maps, 1886-1925; bound Record of Building Permits 1920-1950; Christian J. Schoeman, Survey of Historic Structures Located Within the Fort Collins Downtown Development Area, 1983. Larimer County Assessor’s Records Packet Pg. 143 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) Packet Pg. 144 Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation) LANDMARK PRESERVATION COMMISSION September 10, 2014 STAFF REPORT REQUEST: Fort Collins Landmark Designation of the Bode Property at 220 Remington Street, Fort Collins, Colorado STAFF CONTACT: Josh Weinberg, Historic Preservation Planner APPLICANT: Colleen Scholz, Property Owner BACKGROUND: Staff is pleased to present for your consideration the Bode Property located at 220 Remington Street. The property has significance to Fort Collins under Landmark Preservation Standard C. The property at 220 Remington Street is significant under Fort Collins Landmark Designation Standard C for embodying distinctive characteristics of an architectural type and period. Specifically, this intact and unmodified early twentieth century dwelling is locally significant as a noteworthy example of modest working class Vernacular Masonry architecture in Fort Collins. If its original date of 1884 is correct, it is one of the declining numbers of very early Fort Collins homes still extant. Its modifications appear to pre-date 1901 and are themselves significant components of the house, reflecting early architectural practices to enhance the utility of small dwellings. No evidence was found to indicate important associations with historic events, patterns of events, or important people. Its architectural importance is insufficient to qualify the property as individual eligible for inclusion on the National Register of Historic Places or for Local Landmark designation. However, it is representative of early residential development on the east side of College Avenue and is one of several historic homes on the same block Staff Analysis: Staff finds that the Bode Property qualifies for Landmark designation under Fort Collins Landmark Designation Standard C. If the Landmark Preservation Commission determines that the property is eligible under this standard, then the Commission may pass a resolution recommending City Council pass an ordinance designating the Bode Property as a Fort Collins Landmark according to City Code Chapter 14 under Designation Standard C. Planning, Development & Transportation Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 ATTACHMENT 3 Packet Pg. 145 Attachment9.3: LPC Staff Report (2323 : 220 Remington Street Landmark Designation) 220 Remington Street, Fort Collins Landmark Designation Western Elevation (Entrance of House) Western Elevation with Neighboring Properties ATTACHMENT 4 Packet Pg. 146 Attachment9.4: Photographs (2323 : 220 Remington Street Landmark Designation) Eastern and Northern Elevations Northern and Western Elevations Packet Pg. 147 Attachment9.4: Photographs (2323 : 220 Remington Street Landmark Designation) Eastern Elevation (Rear of House) Eastern and Southern Elevations Packet Pg. 148 Attachment9.4: Photographs (2323 : 220 Remington Street Landmark Designation) Southern Elevation Southern Elevation Packet Pg. 149 Attachment9.4: Photographs (2323 : 220 Remington Street Landmark Designation) ATTACHMENT 6 Packet Pg. 150 Attachment9.5: LPC Resolution (2323 : 220 Remington Street Landmark Designation) Packet Pg. 151 Attachment9.5: LPC Resolution (2323 : 220 Remington Street Landmark Designation) - 1 - ORDINANCE NO. 126, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE BODE PROPERTY, 220 REMINGTON STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of landmarks within the City; and WHEREAS, by Resolution dated September 10, 2014, the Landmark Preservation Commission (the "Commission") has determined that the Bode Property, located at 220 Remington Street in Fort Collins (the “Property”) and as more specifically described below, has significance to Fort Collins under Landmark Designation Standard C for its architectural significance to Fort Collins; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in Section 14-5 of the Code and is eligible for designation as a Landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owner of the Property, Colleen Scholz, has consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property's significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property, known as the Bode Property, and the adjacent lands upon which the historical resources are located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: A PORTION OF TRACT ONE OAKPARK P.U.D. SITUATE IN THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER. STATE OF COLORADO, WHICH, CONSIDERING THE WEST LINE OF SAID TRACT ONE AS BEARING NOO°OO'OO" E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED Packet Pg. 152 - 2 - WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE WEST LINE OF SAID TRACT ONE WHICH BEARS SOO°OO'OO" E 196.18 FEET FROM NORTHWEST CORNER OF SAID TRACT ONE AND RUN THENCE N9O°OO'OO" E 140.00 FEET TO A POINT ON THE EAST LINE OF SAID TRACT ONE; THENCE ALONG SAID EAST LINE, SOO°OO'OO" E 53.82 FEET TO THE SOUTHEAST CORNER OF SAID TRACT ONE; THENCE ALONG THE SOUTH LINE OF SAID TRACT ONE, N90°00'00" W 140.00 FEET TO THE SOUTHWEST CORNER OF SAID TRACT ONE; THENCE ALONG THE WEST LINE OF SAID TRACT ONE, N00°00'00'' E 53.82 FEET TO THE POINT OF BEGINNING be designated as a Fort Collins Landmark according to City Code Chapter 14. Section 3. That the criteria in Section 14-48 of the City Code will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above-described property will be reviewed for compliance with Chapter 14, Article III of the City Code. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 153 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Josh Weinberg, City Planner SUBJECT First Reading of Ordinance No. 127, 2014, Designating the Juan and Mary Barraza Property, 412 Wood Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. EXECUTIVE SUMMARY The owner of the property, Mary Barraza, is initiating this request for Fort Collins Landmark designation of the Juan and Mary Barraza Property at 412 Wood Street. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The property at 412 Wood Street is significant under Fort Collins Landmark Designation Standards A and C for characterizing a pattern of events or a historic trend that made a recognizable contribution to the development of the Fort Collins community and for embodying distinctive characteristics of an architectural type and period. The simplicity of style and form, along with its modest size, contribute to the significance of this building and provides insight into the values and means of the building’s occupants. In 1877, the Colorado Central Railroad arrived in Fort Collins and helped to spur the city’s growth, fostering new industries like sugar beet farming and stone quarrying. During the 1960s, many members of one family that resided in this home were employed by the Great Western Sugar Factory. These were typical of the hard working people of Fort Collins who operated many aspects of the city’s daily commerce. 412 Wood Street is a typical home in which these workers lived- modest, unpretentious, and made to last. This house certainly illustrates the values and lifestyle of the people who occupied the dwelling for over a century. Also, this building is significant to Fort Collins as a simple vernacular version of Classic Cottage architecture. Essentially a single-story version of the Foursquare architectural style, Classic Cottages were popular between about 1910 and 1930 and were mostly used in residential architecture. FINANCIAL / ECONOMIC IMPACTS Recognition of 412 Wood Street as a Fort Collins Landmark enables its owners to qualify for federal, state and local financial incentive programs available only to designated properties. Additionally, based upon research conducted by Clarion Associates, the property would see an increase in value following designation. Clarion Associates attributed this increase to the fact that future owners also qualify for the financial incentives; the perception that designated properties are better maintained; the appeal of owning a recognized historic landmark; and the assurance of predictability that design review offers. BOARD / COMMISSION RECOMMENDATION The Landmark Preservation Commission (LPC) recommends adoption of the Ordinance on First Reading. At a public hearing held on August 13, 2014, the Landmark Preservation Commission voted to recommend Packet Pg. 154 Agenda Item 10 Item # 10 Page 2 designation of this property under Designation Standards (A) and (C), for its association with significant events in Fort Collins history and its architectural significance to the city. ATTACHMENTS 1. Location Map (PDF) 2. Designation Application (PDF) 3. Owner Agreement (PDF) 4. LPC Staff Report (PDF) 5. Photographs (PDF) 6. LPC Resolution (PDF) Packet Pg. 155 Elm St Wood St Park St Maple St N Grant Ave Sycamore St Elm Ct Griffin Pl Park St Cherry St © 412 Wood Street 1 inch = 200 feet Site ATTACHMENT 1 Packet Pg. 156 Attachment10.1: Location Map (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 412 North Wood Street, Fort Collins, Colorado Legal Description: Lot 21, Block 294, West Side Addition, Fort Collins Property Name (historic and/or common): The Juan and Mary Barraza Property OWNER INFORMATION: Name: Mary L. Barraza Phone: Email: barl8225@gmail.com Address: 412 North Wood Street, Fort Collins, Colorado, 80521 CLASSIFICATION Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Jason O’Brien and Mitchell Schaefer, Historic Preservation Interns Address: P.O. Box 580, Fort Collins, CO 80522 Phone: 970-416-2283 Email: mschaefer@fcgov.com Relationship to Owner: None DATE: Original prepared June 12, 2013. Revised June 11, 2014. Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.41 0 970.22 4- fax fcgov.c ATTACHMENT 2 Packet Pg. 157 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property, above. The property consists of one hipped-box Classic Cottage and no additional structures. SIGNIFICANCE Properties are eligible for designation if they possess significance, which is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: Standard A: Events. Properties may be determined to be significant if they are associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A property can be associated with either (or both) of two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. Standard B: Persons/Groups. Properties may be determined to be significant if they are associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard C: Design/Construction. Properties may be determined to be significant if they embody the identifiable characteristics of a type, period or method of construction; represent the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possess high artistic values or design concepts; or are part of a recognizable and distinguishable group of properties. Standard D: Information potential. Properties may be determined to be significant if they have yielded, or may be likely to yield, information important in prehistory or history. Packet Pg. 158 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 3 EXTERIOR INTEGRITY Properties are eligible for designation if they possess exterior integrity, which is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: Standard A: Location is the place where the historic property was constructed or the place where the historic event occurred. Standard B: Design is the combination of elements that create the form, plan space, structure and style of a property. Standard C: Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place. It involves how, not just where, the property is situated and its relationship to the surrounding features and open space. Standard D: Materials are the physical elements that form a historic property. Standard E: Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. Standard F: Feeling is a property's expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the property's historic character. Standard G: Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Packet Pg. 159 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 4 STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY The property at 412 Wood Street is significant under Fort Collins Landmark Designation Standards A and C for characterizing a pattern of events or a historic trend that made a recognizable contribution to the development of the Fort Collins community and for embodying distinctive characteristics of an architectural type and period. The simplicity of style and form, along with its modest size, contribute to the significance of this building and provides insight into the values and means of the building’s occupants. In 1877 the Colorado Central Railroad arrived in Fort Collins and helped to spur the city’s growth, fostering new industries like sugar beet farming and stone quarrying.1 These emerging businesses relied heavily on support trades and labor. The men, women, and children who resided at 412 North Wood Street therefore characterize the difficulties faced by the American proletariat class in the early twentieth century. They worked in Fort Collins as mechanics, laborers, small business owners, greenhouse workers, and maintenance employees. Additionally, between its construction in about 1908 and 1920, this home only housed renters; no evidence suggests the actual owner lived on site prior to 1920. When owners of the home began to live in the structure they too struggled financially and worked primarily in blue collar jobs in and around Fort Collins. During the 1960s many members of one family that resided in this home were employed by the Great Western Sugar Factory. These were typical of the hard working people of Fort Collins who operated many aspects of the city’s daily commerce. 412 Wood Street is a typical home in which these workers lived—modest, unpretentious, and made-to-last. This house certainly illustrates the values and lifestyle of the people who occupied the dwelling for over a century. This building is significant to Fort Collins as a simple vernacular version of Classic Cottage architecture. Essentially a single-story version of the Foursquare architectural style, Classic Cottages were popular between about 1910 and 1930 and were mostly used in residential architecture. Character defining features of this type of architecture typically include a hipped roof over a single story square form and prominent dormer, boxed eaves, open front porch, and minimal detailing. While the residence at 412 North Wood Street lacks the central dormer element commonly seen on Classic Cottages, its square footprint, hipped roof with boxed eaves, and open porch with simple Victorian detailing are indicative of the style. Aside from a small and early addition to the rear of the building, it is relatively unchanged from the time of its original construction, and thus retains a preponderance of the seven aspects of integrity. 1 Evadene Burris Swanson, Fort Collins Yesterdays (Fort Collins, Colorado: George and Hildegarde Morgan, 1975), 50. Packet Pg. 160 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 5 HISTORICAL INFORMATION Documentary records can account for the history of the land on which 412 Wood Street now sits as far back as the months immediately following the American Civil War. The Abstract of Title for Lot twenty one (21) Block two hundred ninety four (294) subdivision of West Side Addition to Fort Collins, Colorado shows that the northwest corner of Section 11, Township 7, and Range 69 was first granted by the United States Federal Government to Joseph Mason in August 1865.2 Mason, an early settler of the area, was a prominent land-owner, politician, and businessman in the 1860s.3 The land on which the building at 412 Wood Street now rests has, over time, been sold and divided by a range of prominent Fort Collins citizens, including: George T. Sykes, Norman H. Meldrum, Franklin C. Avery, and Ella B. Yount, among others. On October 2, 1881, Franklin C. Avery and Ella B. Yount granted the East ½ of the Northwest ¼ of Section 11, Township 7, Range 69, consisting of Blocks 272–276, 283–286, and 292–296 to the West Side Addition to the City of Fort Collins.4 Until 1908, the Abstract of Title seems to indicate Lot 21, Block 294 remained relatively undeveloped, though ownership of the property did change hands several times, often back into the possession of previous owners. In December 1907, John J. Thornton acquired ownership of Lot 21, Block 294 from Larimer County.5 The earliest residents of 412 Wood Street all rented the dwelling and none lived on the property for more than two years. Though the Larimer County Assessor lists the building’s construction date as 1916, it seems to have been built sometime before 1908, when Frank G. Cantonwine and his family occupied the residence for at least a year.6 Between 1909 and 1910, the site remained vacant, but by 1911, Silas M. Allen, a day laborer, rented the residence with his wife Mary and their daughter Audrey.7 Then A. C. and Gertrude Russell resided in the rental from 1913 to 1914.8 Walter M. Harris, a laborer, and his wife Della moved onto the property either before or during 1917, and seemingly remained through 1918.9 Tragedy, however, struck the Harris family while living on Wood Street; two of their young daughters died of pneumonia and in an auto accident in 1918.10 The following year Joseph Shipp and his wife Emma rented the property with their family, but census records indicate that by 1920 they had moved to a different, nearby rental. None of the five families who resided at 412 Wood Street between 1908 and 1920 actually owned the property; they were all renters. Following John Thornton’s purchase of the property in 1907, ownership of the land changed hands over a dozen times and until 1920, the owner of this specific property never lived on the premises. Edwin Walden Edie and his family were the first residents of the property to remain for more than a couple of years and were the first owners to actually live on site. Only the current owner as of June 11, 2014, has resided at or owned the property longer than the Edie family. The Abstract of Title indicates that Edwin Edie purchased Lot 21, Block 294 in October 1920, from E. D. Bullard, who had purchased the lot only six months earlier.11 Edie worked as a florist, driver, and foreman for the local Espelin Floral Co. for at least thirty years, the entire time he lived at 412 Wood Street. Georgette Edie, passed away in 1934 leaving her husband a widower, but it seems he remarried, 2 Conveyance No. 1, Abstract of Title to Lot twenty one (21), Block two hundred ninety four (294) Subdivision of West Side Addition to Fort Collins, Colorado. (part of N.W.1/4 of Section 11-7-69), prepared by The Security Abstract and Investment Company, Larimer County, Colorado, now located at the City of Fort Collins Historic Preservation Department, Fort Collins, Colorado. 3 Swanson, Fort Collins Yesterdays, 9-10. 4 Conveyance No. 19, Abstract of Title. 5 Conveyance No. 92, Abstract of Title. 6 Community Service Collaborative, Holy Family Neighborhood: Architecture and Building Survey Part III, (Fort Collins: Planning and Development Department, 1983), City of Fort Collins Historic Preservation Office, 412 Wood St; Fort Collins City Directory, 1908, Volume V (Fort Collins, Colorado: The Courier Printing and Publishing Company, 1908), 29, 195; Larimer County Assessor Property Information Tax Year 2014, 412 Wood Street, Fort Collins, Colorado, accessed June 3, 2014, http://www.larimer.org/assessor/query/Detail.cfm?PropertyTypeVar=Residential&BuildingIDVar=001&NumVar=R0027782&direct=1. 7 Fort Collins City Directory, 1909–1910, Volume VI (Fort Collins, Colorado: The Courier Printing and Publishing Company, 1910), 200; Fort Collins City Directory, 1910–1911, Volume VII (Fort Collins, Colorado: The Courier Printing and Publishing Company, 1911), 10, 147. 1910 U.S. Census, “Silas Allen,” hertiagequestonline.com (accessed September 19, 2013). 8 Larimer County Directory, 1913–1914, Volume VIII (Fort Collins, Colorado: The Courier Printing and Publishing Company, 1914), 78, 152. 9 Courier’s Larimer County Directory 1917 (Colorado Springs, Colorado: R. L. Polk Directory Co., 1917), 48, 99. 10 “Mr. and Mrs. Harris Lose Baby Daughter,” Fort Collins Weekly Courier, March 1, 1918. 11 Conveyance No. 119 and Conveyance No. 122, Abstract of Title. Packet Pg. 161 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 6 to a woman named Irene, by 1948.12 Edie retained ownership of the property until his death on July 27, 1951.13 Thereafter Edie’s son James inherited the property. Between 1951 and 1969 ownership of 412 Wood Street changed hands seven times and, excepting only one instance, all owners lived on site. Furthermore, nearly all of the owners and tenants of the property during the 1950s and 1960s belonged to the working class. Following Edwin Edie’s death in 1951, his son, James, sold the property to Alexander and Katherine Heckman on August 11, 1951 for the sum of $3,250.00.14 The Heckmans retained ownership until April 1952 when they sold the house to Woodrow P. and Irene K. Colwell through a Warranty Deed.15 Woodrow Colwell worked in several blue-collar jobs such as mechanic and, later, a surveyor for the U.S. government.16 In September 1956 the Colwell’s sold their home to Hugo and Elizabeth Schwarz.17 It seems Hugo Schwarz worked in the food business. At one point he may have owned and operated a restaurant, but was later listed as the manager of a “Snack Bar.”18 In August 1959, Hugo and Elizabeth sold the property to two couples: H. M. and Leitha B. Kraxberger, and Vernon H. and Vera B. Gutscher. Each individual couple entered the agreement with the understanding that they would possess an “undivided one-half interest as joint tenants.”19 The Kraxbergers and Gutschers, however, owned the property only briefly and sold it in June 1960 to Victor E. and M. Roselyn Nordloh.20 Victor worked as a carpenter to care for his wife and four children during the time that they lived on Wood Street.21 Though the Nordlohs retained ownership of the property until May 1963, they may not have lived on the premises in 1962 or 1963; city directories for those years list the property as vacant.22 In mid-1963, a Quit Claim Deed was issued, granting the property to Magdelena Arellano. Originally of Antonito, Colorado, a small town in the San Luis Valley, Arellano and her family moved to Fort Collins in 1922 when she was fifteen. The Great Western Sugar Factory recruited the Arellano family to work in the nearby beet fields and paid for the family’s rail transport to Fort Collins. After their arrival in northern Colorado, the Arellanos lived “in a shack ‘en el rancho’” as they harvested the vegetables.23 Magdelena later noted that in 1923 her family received eighteen dollars an acre while working in the Fort Collins factory district.24 Interestingly, Magdelena Arellano did not live on Wood Street, despite her ownership of the property. Instead, Magdelena lived at 220 North Grant with her husband, Filigonio Arellano, and their two children, Lupe and Rebecca. Ernest Arellano, likely a relative of Magdelena, and his wife Bernadine lived at the Wood Street residence with their five children. The city directory further indicates that between 1964 and 1968, Magdelena, Filigonio, Ernest, and Bernadine all worked in blue-collar jobs in or around Fort Collins.25 In 1966, Carol A. Arellano, a high school student and likely another relative, moved in with the Arellano family on Wood Street.26 In June 1969, Madgelena Arellano sold the property at 412 Wood Street to Juan Barraza.27 Barraza, however, did not move into the residence on Wood Street until 1974. City Directories list Delphine Ferguson as the occupant during the early 1970s. Delphine, a single mother of two, worked as an assembler for the Aqua-Tec Corporation’s manufacturing plant located on 1730 E. 12 Polk’s Fort Collins City Directory, 1948 (Omaha, Nebraska: R. L. Polk & Co., 1948), 91, 372. 13 City of Fort Collins, Online Map Applications, Cemetery Maps, “Edwin Edie,” http://www.fcgov.com/gis/maps.php 14 Entry No. 128, Abstract of Title. 15 Entry No. 130, Abstract of Title. 16 Fort Collins City Directory, 1952 (Colorado Springs, Colorado: Rocky Mountain Directory Co., 1952), 76, 314; Fort Collins City Directory, 1956 (Loveland, Colorado: Rocky Mountain Directory Co., 1956), 62, 317. 17 Entry No. 133, Abstract of Title. 18 Fort Collins City Directory, 1957 (Loveland, Colorado: Rocky Mountain Directory Co., 1957), 287, 408; Fort Collins City Directory, 1959 (Loveland, Colorado: Rocky Mountain Directory Co., 1959), 327, 448. 19 Entry No. 140, Abstract of Title. 20 Entry No. 145, Abstract of Title. 21 Fort Collins City Directory, 1960 (Loveland, Colorado: Rocky Mountain Directory Co., 1960), 294, 475. 22 Entry No. 146, Abstract of Title; Fort Collins City Directory, 1962 (Loveland, Colorado: Rocky Mountain Directory Co., 1962); Fort Collins City Directory, 1963 (Loveland, Colorado: Rocky Mountain Directory Co., 1963). 23 Western Voices: 125 Years of Colorado Writing, ed. Steve Grinstead and Ben Fogelberg (Golden: Fulcrum Publishing, 2004), 277. 24 Western Voices, 282. 25 Fort Collins City Directory, 1964 (Loveland, Colorado: Rocky Mountain Directory Co., 1964), 113; Fort Collins City Directory, 1966 (Loveland, Colorado: Rocky Mountain Directory Co., 1966), 211; Fort Collins City Directory, 1968 (Loveland, Colorado: Rocky Mountain Directory Co., 1968), 244. 26 Fort Collins City Directory, 1966, 211. 27 Entry No. 150, Abstract of Title. Revised 08-2014 Page 7 Prospect.28 Delphine was one of hundreds in the area employed by Aqua-Tec Corp. Founded in 1962, Aqua-Tec helped to increase industrial employment levels in Fort Collins from 1,068 in 1960 to 3,411 by 1969.29 In the late 1960s the Los Angeles-based Teledyne acquired Aqua-Tec Corp. and changed its name to Teledyne Water Pik in 1975.30 The Fergusons lived on Wood Street for only a few years. In 1973 the residence was left unlisted in the city directory, likely due to vacancy.31 In 1974 the local telephone directory indicates that Barraza and his wife Mary had taken up residence at the Wood Street property.32 In 1978, a Certificate of Occupancy was issued for a “Type-V Remodel” which was noted as a repair for a City rehabilitation project that was valued at $6,000, though the work done was not specified.33 Juan Barraza was originally from Crystal City, Texas, where he was born in 1946. He married Mary L. Parraz in 1968, one year before he purchased the property on Wood Street. Juan worked extensively in maintenance on Colorado State University’s campus until his death on July 8, 2009.34 After his passing, ownership of the property went to his wife Mary L. Barraza in 2012. Mary Barraza retains ownership of the property to this today and requests the site be designated as a Fort Collins Landmark. 28 Fort Collins Colorado 1969 City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1969), 204, 427; Fort Collins Colorado 1970 City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1970), 472, N/A; Johnson’s 1971 Fort Collins, Colorado City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1971), 504, N/A; Johnson’s 1972 Fort Collins, Colorado City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1972), 458, N/A; Johnson’s 1973 Fort Collins, Colorado City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1973). 29 Cindy Harris and Adam Thomas, “Fort Collins E-X-P-A-N-D-S” The City’s Postwar Development 1945-1969 (Denver: HISTORITECTURE, L.L.C., 2011), 66. 30 “Water Pik Technologies, Inc.” Encyclopedia.com, posted 2007, accessed June 11, 2014, http://www.encyclopedia.com/doc/1G2-3479900101.html; “Water Pik Technologies, Inc. History,” FundingUniverse.com, accessed June 11, 2014, http://www.fundinguniverse.com/company-histories/water-pik- technologies-inc-history/; Water Pik, Inc. became a separate publicly traded company in 1999. See “Allegheny Teledyne Sets Record Date and Distribution Date for Spin-Offs,” Teledyne Technologies, accessed June 11, 2014, http://www.teledyne.com/news/date.asp. 31 Johnson’s 1973 Fort Collins, Colorado City Directory (Loveland, Colorado: Johnson Publishing Company, Inc., 1973). 32 Fort Collins, Livermore, Red Feather Lakes Telephone Directory, Area Code 303, December 1974 (Mountain Bell, 1974), 14. 33 Certificate of Occupancy, Building Permit No. 48749, City of Fort Collins, January 18, 1978. 34 Today @ Colorado State, “Juan L Barraza, Sr, 63, a maintenance employee, died July 8 at home,” Colorado State University, http://www.today.colostate.edu/story.aspx?id=1812 (accessed 8/7/2013). Packet Pg. 163 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 8 ARCHITECTURAL INFORMATION Construction Date: Circa 1908 Architect/Builder: N/A Building Materials: Wood, Stone Architectural Style: Classic Cottage Description: The Juan and Mary Barraza Property on 412 Wood Street is a simple vernacular expression of the Classic Cottage style with some Victorian detailing. It is a one story home with an irregular footprint dominated by a square central massing and a rectangular portion extending from the southeast of the rear elevation. The property rests on a rough-faced, irregular course sandstone foundation with pieces of varying sizes. Additionally the walls are mainly horizontal clapboard siding with vertical wood corner boards. The central massing of the property is topped with a steeply pitched truncated hip while the extension has two discernible parts, one being covered with a gable roof, while the other corner portion filling in the southeast section has a smaller low pitched hip. The roof has overhanging eaves and the roof-wall juncture is marked by a prominent yet modest entablature with large boxed cornices. The primary, west elevation, has a partial-width open porch that sits slightly offset to the south of the elevation. The base of the porch is low to the ground and made of poured concrete block. There are two turned spindle posts which support a shed roof covering the porch. The elevation behind the porch has had the ground raised to cover the stone foundation. Moving south from the north end of the elevation there is a window situated right before the porch. This window has an aluminum storm window covering a 1/1 light wood sash window with wide wood surrounds. Continuing south under the porch is the main entrance which has a multi-light storm door with wood surrounds. South of the entrance is another widow under the porch the same as the previous window. On the western end of the south elevation is a 1/1 light wood sash window with wood surrounds as well as a wood sill and lintel. To the east on the elevation is a window of the same style. Just to the east of this window is a vertical corner board which creates a separation from this length of the elevation and the portion of this elevation that is lower than the rest and covered with the smaller hipped roof. Additionally, this portion does not have the prominent entablature with boxed cornice. Going east from the corner board is a small window high on the elevation. It is a 1/1 light wood sash window with wood surrounds and covered with a storm window. It also has a wood sill that extends beyond the window to the east, and at the end of which a wood board runs up to the height of the window. To the east of the window there is a section which was once an open porch but sometimes is enclosed. The enclosed section starts with an aluminum storm door with a short and narrow 1/1 light fixed window on its east side. The exterior siding past the door and under the window is different than the rest of the property and is made up of very thin vertical boards that continue on to the enclosure on the east elevation. The north elevation of the property is unadorned with no windows or features excepting the sandstone foundation which is more visible on this elevation, as on the east elevation, and the entablature at the roof-wall juncture that runs the perimeter of the property. As this elevation moves east it recedes back to the extending rectangular portion of the property which is also unadorned on this elevation. The rear, east elevation begins on the south end with the enclosed former porch; at the base of which there appears to be a wooden entrance to a cellar. The exterior siding of this portion is the thin vertical boards. In the upper area of this portion is a large 6/6 wood sliding window with wood surrounds. On the end of the window moving north, the elevation extends slightly out with the extending rectangular portion. In this section, the sandstone foundation is much more visible. About half way up the elevation and slightly offset to the south is an aluminum two light sliding window with wide wood surrounds. The prominent character defining feature of this elevation is Packet Pg. 164 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 9 the gable roof with wide-overhanging eaves, boxed cornices, and eave returns. Under the peak of the gable roof is a small square louvered vent. Packet Pg. 165 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 10 REFERENCE LIST or SOURCES of INFORMATION (attach a separate sheet if needed) Abstract of Title to Lot twenty one (21), Block two hundred ninety four (294) Subdivision of West Side Addition to Fort Collins, Colorado. (part of N.W.1/4 of Section 11-7-69), prepared by The Security Abstract and Investment Company, Larimer County, Colorado, now located at the City of Fort Collins Historic Preservation Department, Fort Collins, Colorado. Field Guide to Colorado’s Historic Architecture and Engineering: Reformatted Edition. “Bungalow.” ed. Sarah J. Pearce. Denver: State Historical Society of Colorado, 2008. http://www.historycolorado.org/sites/default/files/files/OAHP/crforms_edumat/pdfs/1625Field.pdf City of Fort Collins Public Records. fcgov.com. GIS maps. “Miscellaneous Boundary Maps: Annexation Trends.” City of Fort Collins. fcgov.com. FCMaps. “Neighborhoods.” “Cemetery Maps.” Community Service Collaborative. Holy Family Neighborhood: Architecture and Building Survey Part III. (Fort Collins: Planning and Development Department, 1983). City of Fort Collins Historic Preservation Office. 412 Wood St. Fort Collins City Directories (1908-2010). Fort Collins Public Library, Local History Archive (online). History Connection, including Building Records and Permits. http://history.poudrelibraries.org/ Harris, Cindy and Adam Thomas. “Fort Collins E-X-P-A-N-D-S” The City’s Postwar Development 1945- 1969. (Denver: HISTORITECTURE, L.L.C., 2011). Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York: W. W. Norton & Company, 1998. Larimer County Tax Assessor Records McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Knopf, 2011. Swanson, Evadene Burris. Fort Collins Yesterday’s. Fort Collins: George and Hildegard Morgan, 1975. Today @ Colorado State. “Juan L Barraza, Sr, 63, a maintenance employee, died July 8 at home.” Colorado State University. http://www.today.colostate.edu/story.aspx?id=1812 (accessed 8/7/2013). U.S. Federal Census Records (1910, 1920, 1930, 1940) Various newspaper articles from Fort Collins Courier and Fort Collins Weekly Courier (1907-1923). Western Voices: 125 Years of Colorado Writing. ed. Steve Grinstead and Ben Fogelberg (Golden: Fulcrum Publishing, 2004). Packet Pg. 166 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Revised 08-2014 Page 11 AGREEMENT The undersigned owner(s) hereby agrees that the property described herein be considered for local historic landmark designation, pursuant to the Fort Collins Landmark Preservation Ordinance, Chapter 14 of the Code of the City of Fort Collins. I understand that upon designation, I or my successors will be requested to notify the Secretary of the Landmark Preservation Commission at the City of Fort Collins prior to the occurrence of any of the following: Preparation of plans for reconstruction or alteration of the exterior of the improvements on the property, or; Preparation of plans for construction of, addition to, or demolition of improvements on the property DATED this __________________ day of _______________________________, 201___. _____________________________________________________ Owner Name (please print) _____________________________________________________ Owner Signature State of ___________________________) )ss. County of __________________________) Subscribed and sworn before me this _________ day of ___________________, 201____, by _____________________________________________________________________. Witness my hand and official seal. My commission expires _________________________. _____________________________________________________ Notary Packet Pg. 167 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) ATTACHMENT 3 Packet Pg. 168 Attachment10.3: Owner Agreement (2322 : 412 Wood Street Landmark Designation) LANDMARK PRESERVATION COMMISSION August 13, 2014 STAFF REPORT REQUEST: Fort Collins Landmark Designation of the Juan and Mary Barraza Property at 412 Wood Street, Fort Collins, Colorado STAFF CONTACT: Josh Weinberg, Historic Preservation Planner APPLICANT: Mary Barraza, Property Owner BACKGROUND: Staff is pleased to present for your consideration the Juan and Mary Barraza Property located at 412 Wood Street. The property has significance to Fort Collins under Landmark Preservation Standard C. The property at 412 Wood Street is significant under Fort Collins Landmark Designation Standard C for embodying distinctive characteristics of an architectural type and period. Specifically, the building is significant to Fort Collins as a simple vernacular version of Classic Cottage architecture. Essentially a single-story version of the Foursquare architectural style, Classic Cottages were popular between about 1910 and 1930 and were mostly used in residential architecture. Character defining features of this type of architecture typically include a hipped roof over a single story square form and prominent dormer, boxed eaves, open front porch, and minimal detailing. While the residence at 412 North Wood Street lacks the central dormer element commonly seen on Classic Cottages, its square footprint, hipped roof with boxed eaves, and open porch with simple Victorian detailing are indicative of the style. Aside from a small and early addition to the rear of the building, it is relatively unchanged from the time of its original construction, and thus retains a preponderance of the seven aspects of integrity. The simplicity of style and form, along with its modest size, contribute to the significance of this building and provides insight into the values and means of the building’s occupants. In 1877 the Colorado Central Railroad arrived in Fort Collins and helped to spur the city’s growth, fostering new industries like sugar beet farming and stone quarrying. These emerging businesses relied heavily on support trades and labor. Since the early twentieth century, the men and women who lived at 412 Wood Street have worked in Fort Collins as mechanics, laborers, small business owners, greenhouse workers, and maintenance employees. They were typical of the hard working people of Fort Collins who operated many aspects of the city’s daily commerce. 412 Wood Street is a typical home in which these workers lived—modest, unpretentious, and made-to-last. This house certainly illustrates the values and lifestyle of the people who occupied the dwelling for over a century. Staff Analysis: Staff finds that the Barraza Property qualifies for Landmark designation under Fort Collins Landmark Designation Standard C. If the Landmark Preservation Commission determines that the property is eligible under this standard, then the Commission may pass a resolution recommending City Council pass an ordinance designating the Crane Property as a Fort Collins Landmark according to City Code Chapter 14 under Designation Standard C. Planning, Development & Transportation Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 ATTACHMENT 4 Packet Pg. 169 Attachment10.4: LPC Staff Report (2322 : 412 Wood Street Landmark Designation) 412 Wood Street, Fort Collins Landmark Designation Western Elevation Western and Southern Elevations ATTACHMENT 5 Packet Pg. 170 Attachment10.5: Photographs (2322 : 412 Wood Street Landmark Designation) Eastern and Northern Elevations Eastern Elevation Packet Pg. 171 Attachment10.5: Photographs (2322 : 412 Wood Street Landmark Designation) Eastern and Northern Elevations Close-up; Northeastern wall and foundation Packet Pg. 172 Attachment10.5: Photographs (2322 : 412 Wood Street Landmark Designation) Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation RESOLUTION 3, 2014 OF THE CITY OF FORT COLLINS LANDMARK PRESERVATION COMMISSION RECOMMENDING LANDMARK DESIGNATION OF THE JUAN AND MARY BARRAZA PROPERTY 412 WOOD STREET, FORT COLLINS, COLORADO WHEREAS, it is a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects, and districts of historical, architectural, or geographic significance, located within the city, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people; and WHEREAS, it is the opinion of the City Council that the economic, cultural and aesthetic standing of this city cannot be maintained or enhanced by disregarding the historical, architectural and geographical heritage of the city and by ignoring the destruction or defacement of such cultural assets; and WHEREAS, the Juan and Mary Barraza has individual significance to Fort Collins under Landmark Standards A and C, as a simple vernacular version of Classic Cottage architecture and also its ability to provide insight into the values and means of the building’s occupants ; and WHEREAS, the Landmark Preservation Commission has determined that the property meets the criteria of a landmark as set forth in Section l4-5 of the code and is eligible for designation as a Fort Collins Landmark; and WHEREAS, the owner of the property, Mary Barraza, has consented to such landmark designation. NOW, THEREFORE, be it resolved by the Landmark Preservation Commission of the City of Fort Collins as follows: Section l. That the property known as the Juan and Mary Barraza and the adjacent lands upon which the historical resources are located, in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Lot 21, Block 294, West Side Addition, Fort Collins, County of Larimer, State of Colorado be designated as a Fort Collins Landmark in accordance with Chapter l4 of the Code of the City of Fort Collins ATTACHMENT 6 Packet Pg. 173 Attachment10.6: LPC Resolution (2322 : 412 Wood Street Landmark Designation) Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Landmark Preservation Commission Resolution No. 3, 2014 Juan and Mary Barraza Property, 412 Wood Street Page 2 Section 2. That the Secretary of the Interior's standards and guidelines for the treatment of historic properties will serve as the standards by which alterations, additions and other changes to buildings and structures located upon the above described property will be reviewed for compliance with Chapter 14, Article III, of the Code of the City of Fort Collins. Passed and adopted at a regular meeting of the Landmark Preservation Commission of the City of Fort Collins held this 13th day of August, A.D. 2014. ________________________________ Ron Sladek, Chair ATTEST: _______________________ Secretary/Staff Packet Pg. 174 Attachment10.6: LPC Resolution (2322 : 412 Wood Street Landmark Designation) - 1 - ORDINANCE NO. 127, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE JUAN AND MARY BARRAZA PROPERTY, 412 WOOD STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of landmarks within the City; and WHEREAS, by Resolution dated August 13, 2014, the Landmark Preservation Commission (the "Commission") has determined that the Juan and Mary Barraza Property, located at 412 Wood Street, Fort Collins (the “Property”) and as more specifically described below, has significance to Fort Collins under Landmark Designation Standards A and C for association with significant events in Fort Collins history and its architectural significance to Fort Collins; and WHEREAS, the Commission has further determined that the Property meets the criteria of a landmark as set forth in Section 14-5 of the Code and is eligible for designation as a Landmark, and has recommended to the City Council that the Property be designated by the City Council as a landmark; and WHEREAS, the owner of the Property, Mary Barraza, has consented to such landmark designation; and WHEREAS, such landmark designation will preserve the Property's significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a landmark. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the foregoing recitals are incorporated herein by the City Council as findings of fact. Section 2. That the Property known as the Juan and Mary Barraza Property, and the adjacent lands upon which the historical resources are located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Lot 21, Block 294, West Side Addition, City of Fort Collins, State of Colorado be designated as a Fort Collins Landmark according to City Code Chapter 14. Packet Pg. 175 - 2 - Section 3. That the criteria in Section 14-48 of the City Code will serve as the standards by which alterations, additions and other changes to the buildings and structures located upon the above described property will be reviewed for compliance with Chapter 14, Article III of the City Code. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 176 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Helen Matson, Real Estate Services Manager SUBJECT Second Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. EXECUTIVE SUMMARY This Ordinance, adopted on September 2, 2014, by a vote of 5-1 (Nays: Overbeck; Poppaw absent) authorizes the conveyance of easements to the City of Greeley across the City property known as the City Ditch. The City of Greeley is acquiring necessary easements for its Greeley Bellvue Pipeline Project. Greeley has requested easements for its project across a strip of property owned by the City’s Utility Department extending south from the Poudre River. The property lies outside City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. BACKGROUND / DISCUSSION This request was presented to the Water Board and Land Conservation and Stewardship Board in 2010 when Greeley originally made this request to the City. Due to the City of Greeley’s intent to use eminent domain to acquire these easements and that the conditions of the request had not changed from the 2010 request, the item was not taken back to the Boards for consideration prior to being presented to City Council. The City of Greeley notified the City of its intent to use eminent domain if an agreement was not reached by September 5, 2014. After discussions with Greeley staff, they agreed to delay their action until October 1, 2014. City staff believes it is in the City’s best interest to convey the interests by negotiated agreement instead of through the courts in order to retain specific terms and conditions. These terms and conditions include the City of Greeley completing construction in compliance with the City’s Natural Resources General Resource Protection Standards, no above-ground improvements, and mitigation measures. ATTACHMENTS 1. First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (PDF) 2. Location maps (PDF) 3. Ordinance No. 123, 2014 (PDF) Packet Pg. 177 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY September 2, 2014 City Council STAFF Lindsay Kuntz, Real Estate Specialist Jon Haukaas, Water Engr Field Operations Mgr Helen Matson, Real Estate Services Manager SUBJECT Items Relating to the Greeley Bellvue Pipeline on City Property. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 123, 2014, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. B. Resolution 2014-081, Authorizing the City Manager to Enter Into a Shared Location Agreement for the Greeley Bellvue Pipeline to Cross a City Utility Easement. The purpose of this item is to authorize the conveyance of easements to the City of Greeley (“Greeley”) across the City Property known as the City Ditch and authorize a shared location agreement for Greeley to cross a City utility easement. The City of Greeley is acquiring necessary easements for its Greeley Bellvue Pipeline Project (the “Project”). Greeley has requested easements for their Project across a strip of property owned by the City’s Utility Department extending south from the Poudre River. The property lies outside City limits and is the location of the City Ditch. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. Greeley also plans to install its pipeline across an existing utility easement containing a 27-inch waterline owned by the City. In order to protect the City’s easement interest and existing utility improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this crossing. The requested easements and agreement were presented and approved by the City’s Water Board at their December 2010 meeting. They were also presented to the Land Conservation and Stewardship Board meeting on December 8, 2010. These items were previously presented to Council in June 2011, but the items were withdrawn due to concerns from citizens and City Council, including that Greeley had not yet obtained authorization from the U.S. Army Corps of Engineers for the Project and had not reached agreement with a neighboring property owner. Since that time, Greeley has obtained authorization from the U.S. Army Corps of Engineers but has not yet reached an agreement with the neighboring property owner. Greeley has agreed to pay the City for the value of the easements as well as City Real Estate staff time. Because Greeley wants to begin construction on this section of the Project soon, it has indicated that it will use eminent domain if necessary to acquire the requested property interests from the City. If Greeley acquires the requested easements through an eminent domain action, the City will not get the benefit of the terms and conditions of those easements that City staff previously negotiated with Greeley. ATTACHMENT 1 Packet Pg. 178 Attachment11.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2343 : SR 123 Greeley Pipeline Easement) Agenda Item 18 Item # 18 Page 2 STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Overall Project Description The Project involves the installation of about 30 miles of a 60-inch diameter pipeline and is designed to transport water from its Bellvue water treatment plant located northwest of Fort Collins to the City of Greeley water customers. Final design of the Northern Segment has been completed and Greeley will soon solicit bids for project construction. Greeley has procured 86 percent of the lineal footage of the pipeline easements needed for the project and is in negotiations with property owners for the remaining needed easements. An Executive Summary provided by the City of Greeley for the Project is attached (Attachment 4). Brief History As background, Greeley began delivering drinking water from its Bellvue Water Treatment Plant in 1907. Greeley constructed the original transmission line out of handcrafted wooden stave pipe. Two, and sometimes three, parallel steel or concrete pipelines provide current transmission capacity. Existing transmission capacity will soon constrain Greeley’s ability to service its customers from the Bellvue Water Treatment Plant due to increasing drinking water demand. The Project adds capacity to this transmission system for the first time in 50 years. Unfortunately, the existing 50-year-old transmission line easements are not large enough and were not intended to accommodate the additional line in many places. Greeley identified its preferred route corridor for the new transmission line through an extensive analysis that determined it minimized disruption of properties and the public at large, had moderate environmental impacts, operated on gravity, and ranked the best in terms of cost. Larimer County approved the location and extent of the preferred route corridor. In 2004, Greeley approached the City with a request to install a new water transmission line from the Bellvue Filter Plant to Greeley with a route going through Fort Collins. In an effort to allow plenty of time for review and collaboration, this request was made well in advance of the State Statue regulated 60-day Site Advisory Review time limit. A Technical Advisory Committee of City staff was formed and met on a monthly basis with representatives of the project for a year to discuss the pros and cons of several possible route alternatives. City staff from various departments including Natural Resources, Planning, Engineering, and the Utilities departments worked closely with the project engineers to analyze any potential impacts to properties in Fort Collins. The initial investigation focused on land use, environmental factors, impacts to existing structures, historic structures, natural areas, etc. All parties collaborated to ensure that the location of the proposed waterline would have the least amount of negative impacts and maximize opportunities for the City. All potential environmental impacts that were noted were planned to be avoided or temporary only. The proposed routes were then narrowed to one unanimous decision. The final “Location, Character, and Extent” report was submitted on April 15, 2005. City staff formed a Technical Advisory Committee and worked with Greeley staff to review the project per Colorado Revised Statute 31-23-209, using the Site Advisory Review process. This statute limits the City‘s regulatory review to the location, character, and extent of the proposal. A number of public open houses were held by Greeley, to which all impacted property owners and adjacent property owners were invited. The Project was taken before the Planning and Zoning Board per State statute and approved. Packet Pg. 179 Attachment11.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2343 : SR 123 Greeley Pipeline Easement) Agenda Item 18 Item # 18 Page 3 In 2006, the Fort Collins City Council passed Ordinance No. 135, 2006, which authorized the conveyance of easements on City property located in east Fort Collins near Timberline Road for the Project. In 2008, the City Council also passed Ordinance No. 102, 2008, authorizing easements for the Project on City property located at 1000 North College Avenue. These easements were then conveyed and Greeley has since installed the waterline improvements in these easement areas. Current Easement Request The Northern Segment is one of the last portions of the Project and involves the installation of the waterline improvements from Shields Street north of Fort Collins west to the Bellvue Filter Plant. City staff and Greeley staff began meeting in October 2010 to discuss the currently requested easements and the crossing of the City’s utility line. The water pipeline as it crosses the City’s property and adjacent properties will be constructed within a steel casing that will be bored approximately 6 feet underneath the City Property. This section of boring will run for approximately 700 feet and will be constructed by hand. The purpose of the hand boring is to minimize surface disturbances not only to City-owned facilities, but also to neighboring properties with significant natural and cultural resources. In February 2011, the City Leadership Team presented City staff with a question concerning the number of surface protrusions planned for Greeley’s Project. City staff explained the conditions that would require the installation of these features, as well as whether they would be installed within the area of the City’s easements. Greeley does not plan to install any above-ground facilities within the requested easement area. Blue marker posts are typically installed at property lines and fences and other locations to minimize obstructions in the properties. Greeley will work with property owners to determine the best location to place these markers. Greeley would consider using a natural color to paint any markers, if requested by an owner. Most of marker locations will be established during construction of the pipeline. Damage to vegetation will be limited to surface grading necessary for vehicle access across the ditch. The pipeline will also cross a nearby 27-inch water pipeline owned by the Utilities Department. Greeley plans to cross below this pipeline with a minimum of 12 inches of clearance between the two pipes. Greeley will work with the Utilities Department to determine what safety precautions need to be made when crossing this pipe. All work will be performed under the guidelines of the City’s General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins Natural areas and Open Lands. Property owned by the Natural Area Program will not be affected by the requested easements. Eminent Domain On July 23, 2014, Greeley sent a letter to the City reiterating its offer to purchase the requested easements from the City and stating that if the City did not accept Greeley’s offer by September 5, 2014, Greeley would proceed to acquire the property interests by exercise of its power of eminent domain. However, on further discussion, Greeley was understanding of the timing of the City’s Council agenda process and agreed to refrain from filing an eminent domain action until later in September so that City staff could bring this item to the City Council seeking approval to convey the requested easements. Additional Issues As noted in the executive summary, various concerns have been raised by some Laporte area residents as well as Fort Collins citizens about the northern segment of the pipeline. Many of the concerns are addressed in the attached letter dated April 25, 2011, from Greeley City Manager, Roy Otto, to City of Fort Collins City Manager, Darin Atteberry. This Agenda Item Summary addresses several of the concerns from the perspective of City staff. Packet Pg. 180 Attachment11.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2343 : SR 123 Greeley Pipeline Easement) Agenda Item 18 Item # 18 Page 4 Save the Poudre, a conservation group focused on Poudre River issues, has previously raised a concern about potential Poudre River water depletions associated with the new pipeline. Although the primary purpose of the pipeline is to deliver Greeley’s existing water rights portfolio, there is the potential for additional future diversions that could be accommodated by the pipeline. These potential new diversions could reduce the flow between the Greeley pipeline diversion near the mouth of the Poudre canyon and the Larimer and Weld headgate, which is located close to Taft Hill Road. In addition to these diversions, other proposed projects also would have the potential to reduce flows at certain times in this reach of the Poudre River. These potential new depletions to the Poudre River, and their potential environmental impacts, were examined by the U.S. Army Corps of Engineers. Greeley received written verification in July 2014 from the U.S. Army Corps of Engineers that construction of the Northern Segment of the Bellvue Pipeline Project has been authorized pursuant to Nationwide Permit 12 (utility lines). A copy of this written verification is attached (Attachment 6). Greeley is tunneling by hand for 700 feet on the neighboring property and an adjoining parcel to avoid surface damages to important natural and cultural resources. Moreover, as noted in Roy Otto’s letter, Greeley participated in an extensive planning process with Larimer County, the entity with land planning jurisdiction in this area. Another issue that has been concerns the City’s ownership of the City Ditch. The ownership issue has been reviewed by City staff and discussed with a neighboring owner, Ms. Brinks, over the course of the past several years. The City acquired the property in 1883 through its eminent domain powers as the location for the original City ditch which was used to convey water from the Poudre River to the City’s original waterworks near Bingham Hill Road in 1883. The City became “seized in fee of the lands and real estate” by order of the Court in the eminent domain case. The condemnation order was recorded in 1892, in Book 87, page 556 of the real property records of Larimer County. When Ms. Brinks’ husband Jim acquired the Brinks property in 1977, the deed to Mr. Brinks referenced the City’s ownership, describing the property with the following exception: “except tract to City of Fort Collins by deed recorded in Book 87 at 556.” The City has continued to use the property for the location of the City Ditch since the late 1800’s. After the City’s early use of the ditch, the City leased the property for over 100 years to the Larimer No. 2 Irrigation Company, and in 2010 granted an easement to Larimer No. 2 for continued use of the City Ditch as the location for the Larimer No. 2. FINANCIAL / ECONOMIC IMPACTS Greeley has agreed to pay the following amounts for the easements: • Permanent Easement - $2,845.00 • Temporary Construction Easement - $200.00 • Access Easement - $500.00 • Staff time to process the request The value for the easements was calculated using $15,000 per acre. This value was determined by using comparable market data. ENVIRONMENTAL IMPACTS A Technical Advisory Committee of City staff was formed and met on a monthly basis with representatives of the project for a year to discuss the pros and cons of several possible route alternatives. City staff from various departments including Natural Resources, Planning, Engineering, and the Utilities departments worked closely with the project engineers to analyze any potential impacts to properties in Fort Collins. Packet Pg. 181 Attachment11.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2343 : SR 123 Greeley Pipeline Easement) Agenda Item 18 Item # 18 Page 5 The initial investigation focused on land use, environmental factors, impacts to existing structures, historic structures, natural areas, etc. All parties collaborated to ensure that the location of the proposed waterline would have the least amount of negative impacts and maximize opportunities for the City. All potential environmental impacts that were noted were planned to be avoided or temporary only. The proposed routes were then narrowed to one unanimous decision. The final “Location, Character, and Extent” report was submitted on April 15, 2005. City staff formed a Technical Advisory Committee and worked with Greeley staff to review the project per Colorado Revised Statute 31-23-209, using the Site Advisory Review process. This statute limits the City‘s regulatory review to the location, character, and extent of the proposal. A number of public open houses were held by Greeley, to which all impacted property owners and adjacent property owners were invited. Damage to vegetation will be limited to surface grading necessary for vehicle access across the ditch. The pipeline will also cross a nearby 27-inch water pipeline owned by the Utilities Department. Greeley plans to cross below this pipeline with a minimum of 12 inches of clearance between the two pipes. Greeley will work with the Utilities Department to determine what safety precautions need to be made when crossing this pipe. All work will be performed under the guidelines of the City’s General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins Natural areas and Open Lands. Property owned by the Natural Area Program will not be affected by the requested easements. BOARD / COMMISSION RECOMMENDATION At its December 6, 2010 meeting, the Water Board unanimously voted to recommend approval of the requested easements. At its December 8, 2010, meeting, the Land Conservation and Stewardship Board unanimously voted to recommend approval of the requested easements. PUBLIC OUTREACH A number of public open houses were held by Greeley, to which all impacted property owners and adjacent property owners were invited. ATTACHMENTS 1. Location Map (PDF) 2. Water Board Minutes - December 6 2010 (PDF) 3. LCSB Board Minutes - December 8 2010 (PDF) 4. Greeley Bellvue Pipeline Project Summary (PDF) 5. April 2011 Greeley City Manager Letter (PDF) 6. US Army Corps of Engineers Letter (PDF) Packet Pg. 182 Attachment11.1: First Reading Agenda Item Summary, September 2, 2014 (w/o attachments) (2343 : SR 123 Greeley Pipeline Easement) Location Map: Page 1 of 4 ATTACHMENT 2 Packet Pg. 183 Attachment11.2: Location maps (2343 : SR 123 Greeley Pipeline Easement) Location Map: Page 2 of 4 Packet Pg. 184 Attachment11.2: Location maps (2343 : SR 123 Greeley Pipeline Easement) Location Map: Page 3 of 4 Packet Pg. 185 Attachment11.2: Location maps (2343 : SR 123 Greeley Pipeline Easement) City of Greeley Bellvue Pipeline Project Location Map Detail - Approximate location of requested easements - Approximate location of utility line crossing Location Map: Page 4 of 4 Packet Pg. 186 Attachment11.2: Location maps (2343 : SR 123 Greeley Pipeline Easement) - 1 - ORDINANCE NO. 123, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, ACCESS EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO THE CITY OF GREELEY WHEREAS, the City owns a certain parcel of real property located in Larimer County, Colorado, known as the City Ditch (the “City Property”); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company (the “Canal Company”) uses the City Property through an existing easement agreement with the City; and WHEREAS, the City of Greeley (“Greeley”) is in the process of acquiring the necessary easements for its Bellvue Waterline Project, which will transport water from Greeley’s Bellvue Water Treatment Plant to Greeley water customers (the “Project”); and WHEREAS, as part of the Project, Greeley has asked the City to convey to it a permanent waterline easement (the “Permanent Easement”) and a temporary construction easement (the “TCE”) on the City Property, as described on Exhibit “A”, attached and incorporated herein by reference; and WHEREAS, Greeley has also asked the City to convey an access easement on the existing ditch access road, to the extent that the ditch access road is on property owned by the City, in the location depicted on Exhibit “B”, attached and incorporated herein by reference (the “Access Easement”); WHEREAS, the Permanent Easement is .19 acres in size and the TCE is .133 acres in size; and WHEREAS, the Permanent Easement, TCE and Access Easement are collectively referred to hereafter as the “Easements”; and WHEREAS, City staff has evaluated whether the Easements would interfere with use of the City Property by the City or the Canal Company, and has determined that the Easements would not result in any such interference; and WHEREAS, City staff has not identified any negative impacts to the City or the City’s Water Utility that would result from the grant of the requested Easements or the Project; and WHEREAS, as consideration for the Easements, Greeley has agreed to pay the City compensation of $3,545 for the value of the Easements, and to pay the cost of City staff time required for the review, approval and processing of the Easements; and WHEREAS, City staff has negotiated easement agreements with Greeley (the “Easement Agreements”) providing for City review and approval of construction plans for the portions of the Project on the City Property; avoidance of surface and other potential impacts from the Packet Pg. 187 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) - 2 - construction and operation of the improvements; and restoration of the Easement areas in accordance with the Natural Areas Resource Protection Standards; and WHEREAS, the three draft Easement Agreements are attached as Exhibits “C-1”, “C-2” and “C-3”, and incorporated herein by reference; and WHEREAS, on December 6, 2010, the proposed Easements were presented to the Water Board for consideration, and the Water Board voted unanimously to recommend approval of the Easements; and WHEREAS, on December 8, 2010, the proposed Easements were presented to the Land Conservation and Stewardship Board for consideration, and the Land Conservation and Stewardship Board voted unanimously to recommend approval of the Easements; and WHEREAS, Section 23-111of the City Code states that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is a part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City; and WHEREAS, Greeley has indicated that, if necessary, it will use eminent domain to acquire the Easements; and WHEREAS, the City Council believes it is in the best interests of the City and will benefit the citizens of the City to convey the Easements on negotiated terms rather than have the court in an eminent domain action grant Greeley the Easements on terms that may not be as desirable to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements to Greeley as provided herein will not materially impair the viability of the City’s water utility system as a whole, will be for the benefit of the citizens of the City, and is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to Greeley, on terms and conditions consistent with this Ordinance and in a form substantially the same as the Easement Agreements, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Packet Pg. 188 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) - 3 - Introduced, considered favorably on first reading, and ordered published this 2nd day of September, A.D. 2014, and to be presented for final passage on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 16th day of September, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 189 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 190 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 191 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 192 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 193 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 194 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “A” Packet Pg. 195 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit “B” Access Easement Packet Pg. 197 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 198 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 199 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 200 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) (To Permanent Pipeline Easement) Packet Pg. 201 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 202 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 203 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit B (To Permanent Pipeline Easement) Packet Pg. 204 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 205 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) (To Permanent Pipeline Easement) Packet Pg. 206 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 207 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 208 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 209 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 210 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 211 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 212 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 213 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) (To Temporary Construction Easement) Packet Pg. 214 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 215 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 216 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) (To Temporary Construction Easement) Packet Pg. 217 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 218 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 219 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 220 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 221 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 222 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 223 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 224 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Exhibit A (To Permanent Access Easement) Packet Pg. 225 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) (To Permanent Access Easement) Packet Pg. 226 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 227 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 228 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 229 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 230 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Packet Pg. 231 Attachment11.3: Ordinance No. 123, 2014 (2343 : SR 123 Greeley Pipeline Easement) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY September 16, 2014 City Council STAFF Ginny Sawyer, Policy and Project Manager SUBJECT First Reading of Ordinance No. 128, 2014, Establishing Regulations for Persons Cultivating Marijuana in Non- Residential Structures. EXECUTIVE SUMMARY The purpose of this item is to prohibit two or more people from growing marijuana in a non-residential structure without having complete physical separation within the structure. Marijuana grown by caregivers and for personal use is not tracked or inventoried. The proposed ordinance is recommended by staff in an effort to prevent large, unregulated marijuana grows. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading.. BACKGROUND / DISCUSSION Over the past 12 months the City of Fort Collins has been diligently and deliberatively enacting regulations and licensing mechanisms on both medical and retail marijuana businesses. The City has also addressed personal growing regulations by limiting plant counts and prohibiting growing in multi-family and shared-wall housing. All of these actions aim to protect the health and safety of citizens while allowing uses and businesses that are now legal. In a continuation of this balanced approach, staff is bringing forward this Ordinance which addresses personal and caregiver growing in non-residential structures. The proposed Ordinance was developed in an effort to prevent large, unregulated marijuana grows. From a safety and nuisance perspective, growing in an industrial/non-residential setting is preferable to growing in a residence. However, allowing any number of people to join together and grow a potentially large number of plants is concerning. Staff has received complaints about these unregulated grows, specifically about the odors. Poudre Fire Authority (PFA) is also concerned with the potential for larger unregulated grows, specifically due to the high electric and CO2 use and associated fire hazards. PFA staff has already encountered caregiver and personal use grows during their normal commercial inspection activities. Marijuana grown by caregivers and for personal use is not tracked or inventoried. This contributes to concerns about marijuana being diverted into black market sales both within the community, the state and neighboring states. The proposed ordinance would be a strong tool to meet the safety goals and to help interdepartmental groups work together to ensure building, fire, and police compliance. Additionally, the State of Colorado continues to pursue additional rules for caregivers and staff will be tracking these actions. The recommended Ordinance maintains previously adopted regulations, including no growing openly or publicly, no growing in outbuildings, no use of compressed gases or solvents. All growing must occur in a closed and locked space, and marijuana grown for personal use cannot be sold. Packet Pg. 232 Agenda Item 12 Item # 12 Page 2 Additions under this Ordinance require anyone growing marijuana in a non-residential structure to have legal possession of a fully enclosed, individual private space that is locked and that has dedicated entrances and exits. FINANCIAL / ECONOMIC IMPACTS The financial impacts to the City are minimal. The financial impacts to those who are, or who may consider growing in non-residential structures will likely increase. ENVIRONMENTAL IMPACTS The Ordinance will help ensure proper and safe use of electricity, water, and fertilizers as well as help control any odor or emission issues. ATTACHMENTS 1. Powerpoint presentation (PDF) Packet Pg. 233 1 Establishing Regulations for Persons Cultivating Marijuana in Non-Residential Structures City Council Regular Meeting September 16, 2014 ATTACHMENT 1 Packet Pg. 234 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) 2 Background Medical and Recreational Marijuana Businesses: • State and Local regulations in place Personal Use and Growing: • State and Local regulations • Local growing regulations only address residential growing Caregivers: • Less regulated. Packet Pg. 235 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) 3 Background Current Residential Regulations: • Personal use no more than 6 plants per person • No more than 12 plants in a residence • No growing in multi-family • All growing must be in an enclosed locked space • No growing in detached outbuildings or outside • Not visible or perceptible from outside Packet Pg. 236 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) 4 Background Caregiver and Personal use Marijuana: • Not tracked • Not inventoried Caregivers and those growing for personal use are using non-residential space. Packet Pg. 237 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) 5 Proposed Ordinance Non-residential growing preferred to residential growing for safety and nuisance reasons. Limiting access and grow size to address: – Large plant counts/diversion – Electric and fire hazards – Nuisance issues Packet Pg. 238 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) 6 Proposed Ordinance • Any person growing in a non-residential structure must have legal possession of the space. • The space must be fully enclosed, private and lockable. • The space must have dedicated (not shared) entrances and exits. Packet Pg. 239 Attachment12.1: Powerpoint presentation (2341 : Marijuana Growing in Non-Residential Structures) - 1 - ORDINANCE NO. 128, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING REGULATIONS FOR PERSONS CULTIVATING MARIJUANA IN NON-RESIDENTIAL STRUCTURES WHEREAS, Article XVIII, Section 14 of the Colorado Constitution allows a primary caregiver to cultivate, possess or dispense medical marijuana for use by patients approved for the use of medical marijuana; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution allows a person to possess one ounce or less of marijuana, and to grow no more than six marijuana plants; and WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation of marijuana in dwellings, but fails to address such cultivation in non-residential structures; and WHEREAS, Police Services and the Poudre Fire Authority have advised the City Council of significant health and safety concerns raised by the growing of large quantities of marijuana in such non-residential structures; and WHEREAS, City staff recommended that the City Code be amended to regulate the cultivation of marijuana in non-residential structures; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-141 of the Code of the City of Fort Collins is hereby amended by the addition of definitions of “Dwelling unit,” “Fully enclosed” and “Non- residential structure,” which definitions read in their entirety as follows: Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Fully enclosed shall mean an area separated from adjoining spaces by permanent architectural or engineered structural features including walls, floors and ceilings. Non-residential structure shall mean any structure that is neither a dwelling nor a building that contains a dwelling unit. Section 2. That Section 12-142 of the Code of the City of Fort Collins is hereby amended to read as follows: Packet Pg. 240 - 2 - Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. (1) No marijuana cultivation shall be conducted openly or publicly. (2) Marijuana cultivation shall comply with all applicable requirements of the laws and regulations of the City and the state. (3) Marijuana cultivation shall not occur in detached outbuildings. (4) In no event shall a person cultivating marijuana pursuant to this Article keep, cultivate or process more marijuana than such person is entitled to possess under Article XVIII, Sections 14 or 16 of the Colorado Constitution. (5) All marijuana cultivation shall take place in a locked and enclosed space. (6) All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. (7) No marijuana produced under this section shall be made available for sale. (8) Marijuana cultivation shall not be perceptible from the exterior of the dwelling or non-residential structure in which the cultivation occurs. (9) The use of compressed gases and solvents for marijuana cultivation is prohibited. (10) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited. (11) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling or non-residential structure at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject Packet Pg. 241 - 3 - premises, the owner and the lessee shall be jointly and severally liable for such conditions. (b) Cultivation within dwellings. (1) No dwelling shall be used primarily as a place to cultivate marijuana. (2) In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. (4) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. (6) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited. (7) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (c) Cultivation within non-residential structures. No person shall cultivate marijuana in a non-residential structure in which another person is cultivating marijuana except where each person has legal possession of and cultivates exclusively within a fully enclosed, separate, individual private space that is locked and maintains dedicated entrances and exits. Packet Pg. 242 - 4 - Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2014, and to be presented for final passage on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 243 Packet Pg. 162 Attachment10.2: Designation Application (2322 : 412 Wood Street Landmark Designation) Attachment9.2: Designation Application (2323 : 220 Remington Street Landmark Designation)