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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE FDATE: March 5, 2013 STAFF: Wanda Nelson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Consideration and Approval of the Minutes of the February 5, 2013 Regular Meeting. February 5, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, February 5, 2013, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Ohlson, Poppaw, Troxell and Weitkunat. (Secretary’s note: Councilmember Kottwitz arrived at 6:03 p.m.) Councilmembers Absent: Manvel Staff Members Present: Atteberry, Nelson, Daggett. Agenda Review City Manager Atteberry stated there are no changes to the published agenda. Citizen Participation Sean Dougherty, Fort Collins Board of Realtors, read a portion of the Board’s official position statement regarding the Eastside/Westside neighborhoods. The Board supports the promotion of the City’s Design Assistance Program, the expansion of the notification area to 500 feet, opposes the proposed changes to property height at setback measurements, opposes revising the maximum floor area ratio calculation, and discussed the Board’s position on other issues. Stacy Lynne, 305 West Magnolia, discussed alleged fraud and corruption in the Larimer County government. Bill Mullaney discussed his grandson’s custody case and alleged corruption in the Larimer County court system. John Anderson, Fort Collins resident, stated the City’s triple bottom line policies are obsolete and argued corporations are not citizens. Eric Sutherland, 3520 Golden Currant, alleged misstatements of fact regarding the approval of the RMI2 loan agreement. Mike Pruznick, 636 Castle Ridge Court, alleged issues regarding City staff and Council. Dick Thomas, 1901 Wallenberg Drive, discussed ex parte contact and asked for a record of Councilmembers who voted for and against the blanket use of ex parte. 288 February 5, 2013 Tom Hoehn, 218 South Washington, requested Council place the fracking issue on the April ballot. Randy Gorby, 5000 Boardwalk Drive, requested electronic collars be included in the animal control section of the City Code, with approval by appropriate authorities. Devin Hirning, 2214 Fossil Creek Parkway, requested Council place the fracking issue on the April ballot. Ed Haynes, 1300 Patterson Place, opposed the use of eminent domain and supported fracking. John Gascoyne, 718 West Mountain, supported a ban on fracking. Howard Stimely, 1037 Sailors Reef, opposed tree removal at Warren Lake and requested an open discussion between homeowners and staff. David Bell, Fort Collins resident, thanked Councilmember Horak for disclosing a meeting and supported a ban on fracking, either by Council or through a vote. Wendy Walmsley, 1068 Sailors Reef, opposed tree removal at Warren Lake and requested a discussion between homeowners and staff. She asked about City restoration plans. Bill Jenkins, 710 Mathews Street, supported a ban on fracking. Rudy Zitti, 1626 Fantail, stated the state should regulate the gas and oil industry. Ross Cunniff, 2267 Clydesdale, stated Fort Collins residents are concerned about fracking. A citizen initiative would have strong support. Rico Moore, 721 West Myrtle, stated Fort Collins will ban fracking one way or another. Alfred Reaud, 1104 Columbine Court, expressed concern regarding building in Fort Collins. He questioned the RMI2 agreement. Clint Skutchan, Fort Collins Board of Realtors, suggested political motivations may be behind the scheduling of housing related agenda items. Julius Lisi, 3402 West Prospect, discussed water consumption of fracked wells and asked where the necessary water would come from. He expressed concern regarding the chemicals used in the fracking process. Mary Axelrod, 524 Locust Grove Drive, expressed concern about health and safety issues related to fracking. Scott Hall, Prospect Energy, opposed a ban on fracking and disagreed that the process puts health and safety at risk. Ward Lupia, Fort Collins resident, supported a ban on fracking. 289 February 5, 2013 Citizen Participation Follow-up Mayor Weitkunat requested information regarding the appropriate process for Mr. Gorby to follow in terms of the consideration of adding a term to the City Code. City Manager Atteberry replied a Code change would be required and he will return to Council with information regarding the process. Mayor Weitkunat requested staff input regarding the tree removal at Warren Lake. City Manager Atteberry replied the City does have a voting role on the Warren Lake Reservoir Board. Conversations with neighbors have been ongoing for months and the integrity of the dam is at issue. Bruce Hendee, Chief Sustainability Officer, has been working with Jon Haukaas, Stormwater Utility, regarding the issue and stated he would be willing to meet on-site with neighbors. Councilmember Poppaw stated direct communication from City staff to neighbors has been lacking. She requested the scheduling of a community meeting when an update is available. Councilmember Kottwitz requested follow-up for Mr. Pruznick’s concerns. Councilmember Troxell stated the City could be at risk of a lawsuit for violating a citizen initiative with regard to the Eastside/Westside neighborhood issues. Mayor Pro Tem Ohlson cautioned against the use of electronic dog collars in certain situations. He stated he would be happy to be contacted regarding the Warren Lake tree removal issue. He expressed frustration regarding personal attacks on City staff and Councilmembers. Councilmember Kottwitz thanked the Boy Scouts in attendance for their interest. Councilmember Horak stated his proposal regarding fracking is not up for any kind of vote this evening. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the January 15, 2013 Regular Meeting and the January 22, 2013 Adjourned Meeting. 7. Postponement of Second Reading of Items Relating to the 2012 Streets and Stormwater Site Development Initiatives to February 19, 2013. A. Second Reading of Ordinance No. 151, 2012, Adopting an Update to Appendix C of the Larimer County Urban Area Street Standards Pertaining to “Streetscape Standards” for the City of Fort Collins. . B. Second Reading of Ordinance No. 152, 2012, Amending Chapter 26 of the City Code and the Fort Collins Stormwater Criteria Manual to Incorporate Provisions Implementing Low Impact Development Principles. 290 February 5, 2013 Staff is requesting postponement of Second Reading of these Ordinances to February 19, 2013, in order to allow needed time to clarify options regarding changes to development plans that specify parkway landscaping in neighborhoods. 8. Second Reading of Ordinance No. 001, 2013, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. This Ordinance, unanimously adopted on First Reading on January 15, 2013, appropriates a $54,052 grant from the Coalition for Activity and Nutrition to Defeat Obesity (CANDO). The Recreation Division will utilize these funds to hire a part-time program coordinator, two bilingual program staff and to fund program participant admissions to the Northside Atzlan Community Center. 9. Second Reading of Ordinance No. 002, 2013, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. Ordinance No. 002, 2013, unanimously adopted on First Reading on January 15, 2013, appropriates a grant in the amount of $30,000 from the Colorado Division of Criminal Justice Juvenile Accountability Incentive Block Grants fund for salaries associated with the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program for all other offenses. 10. Second Reading of Ordinance No. 003, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. This Ordinance, unanimously adopted on First Reading on January 15, 2013, appropriates a grant received by the Fort Collins Police Services Victim Services Unit in the amount of $32,000 from the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. This grant will fund part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for some of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 11. Second Reading of Ordinance No. 004, 2013, Authorizing the Lease of City-owned Property at 208 North Howes Street and a Portion of 230 Laporte Avenue for up to Five Years. This Ordinance, unanimously adopted on First Reading on January 15, 2013, authorizes a lease of City-owned property located at 208 North Howes Street and a portion of 230 Laporte Avenue for up to five years. 12. Second Reading of Ordinance No. 005, 2013, Approving a Fifth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. 291 February 5, 2013 On February 17, 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations, growth management, and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the parties to amend their Growth Management Area boundaries and for Timnath to exercise an option to purchase the Vangbo property from the City. In early 2010, the parties approved an amendment to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath to decide whether to exercise its option. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. In late February 2012, a third amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries. Another extension of the intergovernmental agreement is needed, and Ordinance No. 005, 2013, unanimously adopted on First Reading on January 15, 2013, extends the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional six months. The Town of Timnath has requested that a change be made to the Fifth Amendment to the IGA between Fort Collins and Timnath that Council approved on First Reading on January 15. The purpose of that amendment is to further extend the deadline for amending the respective growth management area boundaries of the two municipalities. The version of the Fifth Amendment that Council approved on First Reading authorizes the City Manager and the Town Manager to administratively approve any additional extensions that they believe are necessary, as long as the City and the Town are diligently pursuing the boundary amendments. While the Timnath Town Council agrees with the City Manager being given that authority on behalf of Fort Collins, it would like to defer its own decision as to which officer or employee it may wish to authorize to approve additional extensions on behalf of the Town. The revised version of the Fifth Amendment has been modified to address that concern. 13. Items Relating to the Hansen Farm Annexation and Zoning. A. Second Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation. B. Second Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins, Colorado. These Ordinances, unanimously adopted on First Reading on January 15, 2013, annex and zone 69.42 acres located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The proposed zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). 14. Items Relating to Public Service Company of Colorado’s Request for Utility Easements and Temporary Construction Easements Across Four Natural Areas Owned by the Natural Areas 292 February 5, 2013 Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline. A. Second Reading of Ordinance No. 008, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of Colorado. B. Second Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a Non-Exclusive Utility Easement, and a Temporary Construction Easement on Colina Mariposa Natural Area to Public Service Company of Colorado. C. Second Reading of Ordinance No. 010, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado. D. Second Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non-Exclusive Utility Easements on Kingfisher Point Natural Area to Public Service Company of Colorado. These Ordinances, unanimously adopted on First Reading on January 15, 2013, authorize easements within four Natural Areas owned by the City of Fort Collins Natural Areas Department to Public Service Company of Colorado to construct, operate, and maintain approximately 2.6 miles of high pressure gas pipeline. The proposed project is part of the larger West Main Natural Gas Pipeline Replacement Project (West Main Project) that encompasses Larimer, Weld, and Boulder Counties. The project will replace an existing 8- inch gas pipeline that is 83 years old and at the end of service life with a 16-inch high pressure gas pipeline. The proposed project will traverse the city north to south and will impact the road surface and traffic along Shields Street, Horsetooth Road, and Timberline Road. As proposed, approximately 2.6 miles of the gas transmission pipeline will require new easements to cross four City Natural Areas: Coyote Ridge, Colina Mariposa, Hazaleus, and Kingfisher Point. Existing easements for the gas pipeline are located within Kingfisher Point and portions of Coyote Ridge. The portion of the pipeline to be constructed within NAD properties will affect approximately 31 acres. 15. Second Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. Public Service Company of Colorado has planned the West Main High Pressure Natural Gas Line Replacement Project to install an underground 16-inch high pressure gas transmission pipe from southwest Loveland north through Fort Collins to Vine Street. This Ordinance, unanimously adopted on First Reading on January 15, 2013, authorizes a utility easement and a temporary construction easement across the eastern portion of two properties owned by the City for stormwater purposes located adjacent to McClelland Drive. Construction of 293 February 5, 2013 the pipeline will occur during a similar timeframe as the construction of the MAX Bus Rapid Transit project improvements within McClelland Drive. The majority of the pipeline will be bored underneath the City property to avoid above-grade disturbances. 16. Items Relating to the Timberline Road/Horsetooth Road Intersection Improvements Project. A. Resolution 2013-003 Authorizing the Mayor to Execute an Intergovernmental Agreement with the Colorado Department of Transportation for the Purpose of Receiving Funding for the Timberline Road/Horsetooth Road Intersection Improvements Project. B. First Reading of Ordinance No. 013, 2013, Appropriating Unanticipated Grant Revenue into the Capital Projects Fund for the Building on Basics Intersection Improvements and Traffic Signals Project for Timberline Road and Horsetooth Road Intersection Improvements. The City has received a federally funded grant through the North Front Range Metropolitan Planning Organization (NFR-MPO), category Congestion Mitigation and Air Quality (CMAQ), for operational and safety improvements at the Timberline Road and Horsetooth Road intersection. The grant application was based upon the addition of a southbound, dedicated right turn lane. Additionally, the project may include left turn lane improvements, median and landscaping improvements, sidewalk and bicycle lane improvements and pavement improvements. This Resolution will authorize the Mayor to sign an Intergovernmental Agreement with the Colorado Department of Transportation (CDOT) to receive federal grant revenue and the Ordinance will appropriate the grant funds. 17. First Reading of Ordinance No. 014, 2013, Amending the Land Use Code Regarding Trees and Correcting a Cross-Referencing Error. In the summer of 2012, staff was asked to consider a change to the Land Use Code acknowledging the ecological value of non-native trees, specifically Russian olive and Siberian elms. As staff evaluated these potential Land Use Code changes, other suggestions for improvements to the Land Use Code arose, including amending the tree mitigation radius, requiring mitigation of native cotton-bearing cottonwood trees and female box elder trees, and correcting minor clerical errors in the Land Use Code. 18. First Reading of Ordinance No. 015, 2013 Authorizing the Extension of the Purchasing Card Services Agreement with UMB Bank for an Additional Five Year Period. In 2007, the City and Poudre School District did a cooperative request for proposal process for Procurement Card (PCard) Services. The solicitation was for a five-year period with an option to renew for an additional five years with the approval of City Council. This cooperative bid was also open for participation of other governmental entities. Each entity contracts separately with the selected bank but shares in the value of the combined spending and services offered by the bank. The bank selected was UMB Bank. The contract was signed in March 2008. Services provided by UMB Bank have been outstanding. Participation in this cooperative contract has grown from the original 2 to over 70 governmental agencies in Colorado. The participants in the cooperative combine their 294 February 5, 2013 volume of purchases which results in a higher rebate to each participant based on their individual volume of purchases. The City’s estimated 2013 rebate amount is over $130,000. 19. First Reading of Ordinance No. 016, 2013, Authorizing the Lease of City-Owned Property at 6916 South College Avenue for up to Five Years. The City desires to continue leasing this 17+ acre property, which is part of the Affordable Housing/Land Bank Program, located at 6916 South College Avenue, as a ground lease for another five year period. 20. First Reading of Ordinance No. 017, 2013, Designating the Zimmerman Property, 712 Dartmouth Trail, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, Jason Franikowski and Jennifer Haussmann, are initiating this request for Fort Collins Landmark designation for the Zimmerman Property, 712 Dartmouth Trail. The property is eligible for designation as a Landmark under Designation Standard 3, as an excellent representation of late 1960s Ranch-style architecture in Fort Collins. 21. First Reading of Ordinance No. 018, 2012, Designating the Crose-Scott-Dickey House and Attached Garage, 618 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owners of the property, William and Kathleen Whitley, are initiating this request for Fort Collins Landmark designation for the Crose-Scott-Dickey House and attached garage at 618 West Mountain Avenue. The property is eligible for designation as a Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural significance to Fort Collins. 22. First Reading of Ordinance No. 019, 2013, Designating the Olyn and Ann Price Property, 1509 Westview Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Anne C. Colwell, is initiating this request for Fort Collins Landmark designation for the Olyn and Ann Price Property at 1509 Westview Avenue. The property is eligible for designation as a Landmark under Designation Standards 2 and 3, for its association with significant persons and also for its architectural significance to Fort Collins. 23. Resolution 2013-004 Authorizing the Lease of Space at the City-owned Carnegie Building Located at 200 Mathews Street to Beet Street, Inc., for up to Two Years. The historic Carnegie Building at 200 Mathews Street in Fort Collins has been vacated by the Fort Collins Museum. Council has supported repurposing this building as a community creative center. Leasing a portion of the building to Beet Street and its Arts Incubator of the Rockies professional development program helps achieve the transition to a creative center. This Resolution approves a lease of specific areas of the building to Beet Street for up to two years. 295 February 5, 2013 24. Resolution 2013-005 Adopting the Second Amendment to the City of Fort Collins General Employees' Retirement Plan as Amended and Restated Effective January 1, 2012, to Incorporate Technical Changes Related to Military Service of Plan Members. This Resolution will amend the current General Employees’ Retirement Plan to include the Heroes Earnings Assistance and Relief Tax Act of 2008, as amended (Heart Act). This provision clarifies the qualified military service Plan member’s compensation, vesting accruals, and beneficiary death benefit. 25. Resolution 2013-006 Acknowledging Councilmember Lisa Poppaw's Resignation from the Board of Directors of Beet Street and Withdrawing Any Further City Representation on the Board. In 2008, Councilmember Lisa Poppaw was appointed to the Board of Directors of Beet Street, a private, non-profit organization formed by the Downtown Development Authority to foster the performing arts, local culture and participative sciences community, and promote intellectual, cultural, physical and spiritual rejuvenation and growth in downtown Fort Collins. Councilmember Poppaw has resigned from the Board and Council feels that it is no longer necessary for the City to have an official representative on the Board, as the Board is now well established with a Board of Directors from a variety of backgrounds. 26. Resolution 2013-007 Making Appointments to the Affordable Housing Board. This Resolution fills three vacancies on the Affordable Housing Board. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 8. Second Reading of Ordinance No. 001, 2013, Appropriating Unanticipated Grant Revenue in the Recreation Fund for the Vida Sana Program. 9. Second Reading of Ordinance No. 002, 2013, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund for the Restorative Justice Program. 10. Second Reading of Ordinance No. 003, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 11. Second Reading of Ordinance No. 004, 2013, Authorizing the Lease of City-owned Property at 208 North Howes Street and a Portion of 230 Laporte Avenue for up to Five Years. 12. Second Reading of Ordinance No. 005, 2013, Approving a Fifth Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries. 13. Items Relating to the Hansen Farm Annexation and Zoning. 296 February 5, 2013 A. Second Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation. B. Second Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins, Colorado. 14. Items Relating to Public Service Company of Colorado’s Request for Utility Easements and Temporary Construction Easements Across Four Natural Areas Owned by the Natural Areas Department to Construct, Operate, and Maintain Approximately 2.6 Miles of High Pressure Gas Pipeline. A. Second Reading of Ordinance No. 008, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of Colorado. B. Second Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a Non-Exclusive Utility Easement, and a Temporary Construction Easement on Colina Mariposa Natural Area to Public Service Company of Colorado. C. Second Reading of Ordinance No. 010, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado. D. Second Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non-Exclusive Utility Easements on Kingfisher Point Natural Area to Public Service Company of Colorado. 15. Second Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non- Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. Ordinances on First Reading were read by title by City Clerk Nelson. 16. First Reading of Ordinance No. 013, 2013, Appropriating Unanticipated Grant Revenue into the Capital Projects Fund for the Building on Basics Intersection Improvements and Traffic Signals Project for Timberline Road and Horsetooth Road Intersection Improvements. 17. First Reading of Ordinance No. 014, 2013, Amending the Land Use Code Regarding Trees and Correcting a Cross-Referencing Error. 18. First Reading of Ordinance No. 015, 2013 Authorizing the Extension of the Purchasing Card Services Agreement with UMB Bank for an Additional Five Year Period. 19. First Reading of Ordinance No. 016, 2013, Authorizing the Lease of City-Owned Property at 6916 South College Avenue for up to Five Years. 297 February 5, 2013 20. First Reading of Ordinance No. 017, 2013, Designating the Zimmerman Property, 712 Dartmouth Trail, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 21. First Reading of Ordinance No. 018, 2012, Designating the Crose-Scott-Dickey House and Attached Garage, 618 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 22. First Reading of Ordinance No. 019, 2013, Designating the Olyn and Ann Price Property, 1509 Westview Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 31. First Reading of Ordinance No. 020, 2013, Amending Section 2-35 of the City Code with Regard to the Removal of Persons from City Council Meetings. 32. Items Relating to Animal Control. A. First Reading of Ordinance No. 021, 2013, Amending Chapter 4, Article II and Chapter 19, Article V of the City Code so as to Decriminalize Certain Offenses Related to the Care and Keeping of Animals. B. First Reading of Ordinance No. 022, 2013, Making Certain Amendments to Chapter 4, Article II, of the City Code. Mayor Pro Tem Ohlson withdrew Item No. 17, First Reading of Ordinance No. 014, 2013, Amending the Land Use Code Regarding Trees and Correcting a Cross-Referencing Error, from the Consent Calendar. Councilmember Horak withdrew Item No. 23, Resolution 2013-004 Authorizing the Lease of Space at the City-owned Carnegie Building Located at 200 Mathews Street to Beet Street, Inc., for up to Two Years, from the Consent Calendar. Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Poppaw stated she resigned from the Beet Street Board and commended the organization and its leadership. Staff Reports Brian Janonis, Utilities General Manager, provided an update regarding the water supply situation for the community. He stated there is a high probability of water restrictions due to the prolonged drought throughout the west. The High Park Fire has also threatened the water supply from the 298 February 5, 2013 Poudre River. Janonis reviewed the four City response levels to water shortages. He stated staff is recommending response level one water restrictions become effective April 1, 2013. Mayor Weitkunat asked about the impact of water restrictions on public water features. Janonis replied fountains are turned off at level one response. Councilmember Kottwitz asked if a future Council could overturn the decision relating to fountains being turned off. Deputy City Attorney Daggett replied the 2003 Ordinance which created the various response levels would need to be amended by Council in order to change the restrictions. Councilmember Kottwitz stated she would like to examine the impact on water restrictions on a water storage project, such as Halligan Reservoir. She asked if the Fort Collins-Loveland Water District is planning similar restrictions. Janonis replied the purpose of Halligan Reservoir is drought storage, so it would help in this situation. Councilmember Kottwitz requested more detailed information. Janonis replied the Fort Collins-Loveland Water District Executive Director intends to be consistent with the City’s restriction plans. Councilmember Kottwitz stated citizens need to be made aware of the possible differences between City and District water. Councilmember Kottwitz requested clarification on the use of hoses and potential citations for violators. Janonis replied staff will be deputized to issue tickets. In the 2002-2003 drought, there was tremendous cooperation from the community with a very small number of violations. Councilmember Kottwitz asked about the cost of water treatment during water restrictions. Janonis replied the treatment cost increases on a unit basis during restrictions. Councilmember Troxell reported on a certification for the water treatment facility on LaPorte. Kevin Gertig, Water Resources and Treatment Manager, stated the ISO 14001 is a certification regarding environmental stewardship and sustainability. Fort Collins has the only facility in the state with the certification. Mayor Pro Tem Ohlson asked how residents using hoses rather than sprinkler systems can accomplish watering in the two-hour restriction. Laurie D’Audney, Water Conservation Specialist, replied the two-hour limit is per watering day. She admitted tracking that per household is difficult. Councilmember Reports Mayor Weitkunat reported on the Fort Collins-Loveland Airport and noted it is looking for a new commercial carrier. Additionally, the concept of blended air space, which allows ground control to work with a monitoring aircraft rather than a control tower, is being examined. The Airport is bidding for a grant to look into the idea. Ordinance No. 014, 2013, Amending the Land Use Code Regarding Trees and Correcting a Cross-Referencing Error, Adopted on First Reading The following is the staff memorandum for this item. 299 February 5, 2013 “EXECUTIVE SUMMARY In the summer of 2012, staff was asked to consider a change to the Land Use Code acknowledging the ecological value of non-native trees, specifically Russian olive and Siberian elms. As staff evaluated these potential Land Use Code changes, other suggestions for improvements to the Land Use Code arose, including amending the tree mitigation radius, requiring mitigation of native cotton-bearing cottonwood trees and female box elder trees, and correcting minor clerical errors in the Land Use Code. BAKCGROUND / DISCUSSION There are four components to the proposed Land Use Code changes: 1. Non-Native Trees In July 2012, City Council requested that staff evaluate whether or not the current regulations surrounding non-native trees, specifically Siberian elm and Russian olives, adequately addressed the ecological value these trees can provide. Currently, Siberian elm and Russian olives are classified as nuisance species, are exempt from the tree mitigation requirement, and are prohibited from being planted in the City. In addition, if located within a Natural Habitat Buffer Zone, staff has often required the removal of Russian olive trees to prevent their proliferation in proximity to natural habitats and features. At some sites, staff has encouraged selective or partial removal of Siberian Elms based on site specific objectives. Staff believes these tree species can provide ecological value (see Attachment 5 for more details). Based on feedback from the City’s Park and Recreation Board, Natural Resources Advisory Board and the Planning and Zoning Board, staff is proposing to update the Land Use Code to acknowledge and require mitigation for the value these species provide. Non-native tree mitigation is proposed to be analyzed through a project’s Ecological Characterization Study, and if the trees are found to provide ecological value to the site, mitigation will be required. 2. Tree Mitigation Radius In addition, staff is proposing to change the requirement that mitigation trees must be planted within a quarter-mile radius of the project site. The quarter-mile radius requirement has proven to be a challenge to meet, especially with infill development. Increasing the types of trees that will be required to be mitigated for could exacerbate this existing challenge. The quarter-mile radius was originally included to place off-site mitigation trees close to the project and not to overly favor planting trees on City land. If they cannot be placed on site, most developments have preferred placing mitigation trees on City land due to the ease of coordination and have been constrained in placing mitigation trees on any other property within the quarter-mile radius. Based on discussions with the Planning and Zoning Board during its October 2012 Work Session, a tiered approach is being proposed that requires mitigation to first take place within one-half mile of the project site, then one mile from the project site if there are not suitable sites within the one- half mile. If a suitable site cannot be found within one mile from the project site, then the closest, suitable site within the City’s boundaries will be selected. 300 February 5, 2013 3. Mitigation for Native Cotton-bearing Cottonwood and Female Box Elder Trees The Land Use Code currently exempts native cotton-bearing cottonwood and female box elder trees from the tree mitigation requirements in the Land Use Code, unless these trees are within a Natural Habitat Buffer Zone, or an area of land set aside for resource protection. These trees are classified as nuisance trees in City Code and are not allowed to be planted within the City. However, these species do contribute to the urban tree canopy, regardless of their position in the landscape. Therefore, based on a recommendation from the Natural Resources Advisory Board, staff is proposing to amend the Land Use Code and requiring mitigation for these tree species as well. 4. Minor Clerical Changes Two sections of the Land Use Code incorrectly reference Section 3.4.1 of the Land Use Code, Natural Habitats and Features. The proposed Ordinance corrects those references. FINANCIAL / ECONOMIC IMPACTS A Land Use Code that is systemically updated is able to respond to changing trends and conditions. This continuous improvement provides for an adaptable regulatory environment, yet remains predictable for all users and decision-makers. While there may be no direct financial and economic impacts in the typical fiscal sense, a dynamic Land Use Code creates a valid and credible legal framework that serves a vibrant local economy. ENVIRONMENTAL IMPACTS The City has an internal sustainability goal to achieve a 30% canopy density in suitable areas of City Parks and a minimum of 70% native vegetation on its Natural Areas. While these Land Use Code changes will largely apply to private land development, the mitigation of non-native trees with native trees will contribute to the City’s internal goals by reducing the spread of non-native tree seeds into Natural Areas. The increase in native species that will occur as the result of non-native tree mitigation will support City Plan Policy ENV 1.1 (Protect and Enhance Natural Features), Policy ENV 2.5 (Provide Land Conservation and Stewardship), and Policy 24.4 (Restore and Enhance the Poudre River Corridor). In addition, the mitigation of native cotton-bearing cottonwood and female box elders will increase the City’s overall tree canopy. BOARD / COMMISSION RECOMMENDATION On January 17, 2013, the Planning and Zoning Board considered the proposed revisions to the Land Use Code. During the January 17, 2013 hearing, the Board unanimously voted to recommend approval of this item as part of its Consent Calendar. Since the inclusion of mitigation requirements for non-native trees that are prohibited and considered a nuisance is a departure from the current direction of the Land Use Code, staff met with two City Boards, in addition to the Planning and Zoning Board, to assess what direction is the most appropriate. On December 5, 2012, staff met with the Parks and Recreation Board on this topic and the Board voted 8-0 to support both the amended tree mitigation radius and to require that Ecological 301 February 5, 2013 Characterization Studies assess any non-native trees present on a site and, if found to have ecological value, to either preserve or mitigate for this value. Staff met with the Natural Resources Advisory Board on December 19, 2012 to review these changes. The Board voted 8-0 to support amending the tree mitigation radius and to require that Ecological Characterization Studies assess any non-native trees present on a site and, if found to have ecological value, to either preserve or mitigate for this value. One member of the Board abstained from voting, as he was concerned that the existing mitigation radius standard should remain. In addition to supporting the Land Use Code changes discussed, the Natural Resources Advisory Board also unanimously voted to recommend requiring mitigation for native, cotton bearing cottonwoods and female box elder trees.” Mayor Pro Tem Ohlson supported alternate number two, as prepared by staff in Council’s read before packet. Eric Sutherland, 3520 Golden Currant, commended Mayor Pro Tem Ohlson for his work on the issue. Councilmember Troxell requested additional information from the City Forester regarding alternate two. Tim Buchanan, City Forester, replied staff acknowledged the ecological value of some species which were classified as nuisance species and had prepared a recommendation for mitigation of the removal of such species. Staff has presented alternate two which would mitigate these two species, Siberian Elm and Russian Olive, in certain instances, as determined by an ecological characterization study. Lindsay Ex, Environmental Planner, stated vertical diversity and a mimicking of ecological processes is the goal for mitigation with this Code change. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 014, 2013, on First Reading, with alternate direction number two to be inserted for Second Reading. Councilmember Horak asked how the trees at Warren Lake are being mitigated. Ex replied ditch companies are excluded from the development review process; however, there appears to be another process available for replacing those trees. City Manager Atteberry asked why ditch companies are exempt from the development review process. Deputy City Attorney Daggett replied the ditch companies are not specifically exempt, but the definition of development that does not apply in the Warren Lake situation. The activities of ditch companies tend to fall within the definition of agricultural activity. Mayor Pro Tem Ohlson requested a follow-up regarding the tree mitigation plan for a large tree being lost to a bridge replacement project on Shields Street. Buchanan assured Council the mitigation is greater than a one to one ratio. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. 302 February 5, 2013 THE MOTION CARRIED. Resolution 2013-004 Authorizing the Lease of Space at the City-owned Carnegie Building Located at 200 Mathews Street to Beet Street, Inc., for up to Two Years, Adopted The following is the staff memorandum for this item. “EXECUTIVE SUMMARY The historic Carnegie Building at 200 Mathews Street in Fort Collins has been vacated by the Fort Collins Museum. Council has supported repurposing this building as a community creative center. Leasing a portion of the building to Beet Street and its Arts Incubator of the Rockies professional development program helps achieve the transition to a creative center. This Resolution approves a lease of specific areas of the building to Beet Street for up to two years. BACKGROUND / DISCUSSION The Carnegie Building at 200 Mathews Street has served the public for more than 100 years. In October 2011, the Fort Collins Museum closed at this location to move to the new Fort Collins Museum of Discovery, which opened in November 2012. At the April 27, 2010 City Council Work Session, Council supported the repurposing of this building as a community creative center, once the Museum relocated to its new facility (Attachment 1). The Cultural Plan also recommended developing a community creative center. Extensive outreach results showed that most people wanted this historic treasure to remain open and accessible and were supportive of the creative center concept. The creative center concept includes the Arts Incubator of the Rockies (AIR), a program developed by Beet Street, as the primary program and Beet Street the primary tenant of the building. Cultural Services and Beet Street secured a $100,000 National Endowment for the Arts Our Town grant to design AIR and develop space use plans for the new functions of the Carnegie Building. Beet Street has completed its design phase for AIR and will begin offering classes in 2013. The space use plan shows appropriate placement of AIR and Beet Street based on the overall usage of the building and into the future (floor plans provided in Attachment 2). Improvements and historic preservation to the building will be made over time, as funding through grants and other sources becomes available. As part of its lease Beet Street would be allowed to rent the AIR classroom space to other users in accordance with policies and a fee schedule approved by the City. Other spaces in the building will also be rentable by the public, including exhibition and multi-use spaces. These rentals will be handled by the City’s Cultural Services Department. Other lower level spaces are anticipated for additional workshop spaces, and the opportunity to host FCPAN as another tenant starting in mid- 2013. In all, the building will be open to the public and serve as a resource to the community. The proposed lease would allow Beet Street to occupy 3,339 square feet of the nearly 13,000 square foot building, consisting of the mezzanine office level of the building and the classroom space on the ground level for AIR. It would also have the ability to rent other spaces in the building on a short- term basis, with priority scheduling. The rent will be below market value at $500 per month, as AIR will be providing an important public benefit in the form of professional development to the creative 303 February 5, 2013 sector. This benefit is described as a strategic need in the City’s Cultural Plan, the Economic Health Strategic Plan, and in Plan Fort Collins. The creative center was also approved through 2013-2014 Budgeting for Outcomes process. The AIR program and the other uses of the building will support the Uniquely Fort Collins Cluster, and serve as a catalyst in creating a robust arts and culture community that has both economic and quality of life impacts. FINANCIAL / ECONOMIC IMPACTS The Lease will generate at least $5,500 per year in the Cultural Services Fund and its revenue will be used to support Cultural Services programming at the 200 Mathews Street building. BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board has been involved in the repurposing of the Carnegie building into a creative center and is supportive of this Lease to Beet Street in fulfillment of that overall vision (Attachment 3). PUBLIC OUTREACH Extensive public outreach was done to determine the future use of the Carnegie building. An online survey generated 1,600 responses; an open house was held; and several potential partner organizations were interviewed and brought into the process. At the April 27, 2010 City Council Work Session, staff recommended and Council supported this building being repurposed as a community creative center once the Museum relocated. The results from this outreach were utilized to work with architects through the National Endowment for the Arts Our Town grant to develop a space use plan for the building. The public was informed of the space use plan at three events in the summer of 2012. “ Eric Sutherland, 3520 Golden Currant, suggested the creation of an endowment for the two organizations. Councilmember Horak stated the original staff information included a one-line economic impact statement. He stated he received additional information in the read-before packet. Mayor Pro Tem Ohlson agreed that the original information was incomplete. He noted Natural Areas pays its own utilities, which will not be the case in this instance. He disagreed with the inconsistency but supported the use of the building. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-004. Councilmember Horak stated future reports should include additional economic impact details and remain consistent. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. 304 February 5, 2013 (Secretary’s note: The Council took a brief recess at this point in the meeting.) Items Relating to Citizen Participation at City Council Meetings, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. Resolution 2013-008 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings with Regard to Citizen Comment. B. First Reading of Ordinance No. 020, 2013, Amending Section 2-35 of the City Code with Regard to the Removal of Persons from City Council Meetings. This Resolution amends the Rules of Procedure governing City Council meetings to give greater clarity to the expectations and responsibilities of citizens participating in such meetings. The Ordinance amends City Code to allow the presiding officer of a City Council meeting or City Council committee meeting to order the removal of any person who significantly and intentionally disrupts such meeting by failing to comply with the requirements of the presiding officer in maintaining order during the meeting. BACKGROUND / DISCUSSION Since 2003, the Council has conducted its meetings under rules of procedure that govern the length of meetings, citizen comment, Council questions and debate, and basic rules of order. These Rules of Procedure have been amended on occasion to reflect changes, refinements, and clarifications to the procedures. Additional guidelines have been added to the “Citizen Comment” portion of the Rules of Procedure. These items outline time limits, manner of address, yielding the podium, yielding a portion of one's time, audible expressions of support or opposition, signs, distribution of literature, and video and audio recording. Presently, Section 2-35 of the City Code requires approval of the majority of City Council in order for persons to be removed from a City Council meeting if any person fails to comply with the requirements of the presiding officer in maintaining order during the meeting. The proposed Ordinance states that the Mayor (or presiding officer) may direct a removal under these circumstances.” City Clerk Nelson stated the primary guidelines contained in the Resolution for Council consideration are: a majority of Council may override the presiding officer’s determination to forego time limits; comment and testimony are to be directed to Council; upon the expiration of the allotted time, the speaker must cease his or her comments; no speaker may yield his or her time to another; members of the audience shall not engage in audible expressions of support or opposition; and signs shall be limited in size to 11 x 17 inches. The item added to the Resolution in Council’s read before packet states that the distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when the building is open for a public event. 305 February 5, 2013 The Ordinance for Council consideration would allow the Mayor or presiding officer to order the removal of persons who significantly and intentionally disrupt the meeting. Mayor Weitkunat noted these practices have always been standard procedure; these items will simply formalize them. The major change allows the presiding officer to stop the meeting due to disruption without going to Council vote. Alfred Reaud, 1104 Columbine Court, expressed concern that the term “significant disturbance” is overly broad and opposed the fact that only the presiding officer is allowed to remove a person from Chambers. Devin Hirning, 2214 Fossil Creek Parkway, opposed the original wording of the Resolution with regard to distribution of materials and literature. He expressed concern that the size of the agenda may have made it possible for the original wording to have been overlooked. David Bell, Fort Collins resident, expressed concern regarding the limit on the size of signs and opposed the fact that only the presiding officer would be allowed to remove a person from Chambers. Mike Pruznick,636 Castle Ridge Court, opposed the Ordinance and the Resolution as he has never seen an instance wherein Council has had to vote to remove disruptive citizens. He opposed the fact that only the presiding officer would be allowed to remove a person from Chambers. Shane Miller, 4325 Mill Creek, thanked Council for its work and stated it is impossible for Councilmembers to have the same perspective as citizens; however, he stated citizens should be able to participate as equals and should not be told to whom to address their comments or about what they should discuss. He opposed the Resolution and Ordinance. Scott Hall, Littleton resident, stated he has been pleasantly surprised by the respect shown by those who disagree with his opinions. Eric Sutherland, 3520 Golden Currant, stated the agenda review should have mentioned the updated Resolution and asked how citizens would be allowed to leave literature in public areas. He opposed the language banning individuals from discussing items which may be appealed. Councilmember Poppaw expressed concern about personal attacks which have been occurring during citizen comment and stated that issue has not been addressed in these items. Deputy City Attorney Daggett replied it would be difficult to limit the content of a speaker’s speech. Councilmember Poppaw asked if the presiding officer has the ability to limit certain topics. Deputy City Attorney Daggett replied Council could define the purpose of the citizen participation section differently. Councilmember Poppaw stated she would support having a broader conversation about setting different parameters. Councilmember Kottwitz asked if Council could vote to overturn the presiding officer’s decision regarding removing a person from Chambers. Deputy City Attorney Daggett replied Code language currently states that Council has the power to remove persons from a Council meeting. The revision would change the Code language to specifically give the presiding officer the power to remove an 306 February 5, 2013 individual. Technically, Council would not have the ability to overturn a decision made by the presiding officer. Councilmember Kottwitz asked how many times individuals have been removed from Chambers. Deputy City Attorney Daggett replied she has been with the City for seventeen years and is unaware of anyone being removed in that time. Councilmember Kottwitz asked to where individuals would be removed and when they could return. Deputy City Attorney Daggett replied the Code allows removal from the meeting; it does not ban an individual from Council meetings or the building. Details would have to be driven by specific circumstances. Councilmember Kottwitz asked if limits would be placed on props as they have been on signs. Deputy City Attorney Daggett replied such limits could be expanded to include props. Councilmember Kottwitz asked if the term “audible” could be removed so as to include gestures. Deputy City Attorney Daggett replied gestures are addressed and noted involuntary outbursts which may be due to medical conditions are also addressed as the term “intentional” is included in the language. Mayor Pro Tem Ohlson stated he would like to eliminate the reference to banning individuals from handing out literature on the broad area outside the building doors. Deputy City Attorney Daggett replied it may be possible to make that change. City Manager Atteberry replied the language was intended to create an environment in which people do not feel intimidated to participate. Mayor Pro Tem Ohlson asked about leaving materials in the lobby area. Deputy City Attorney Daggett replied the language states that no flier may be deposited or left unattended on City property without the express permission of an authorized City representative. The language was not intended to suggest that leaving materials would be regularly permitted. Mayor Pro Tem Ohlson stated he would either like that language eliminated so as to keep favoritism out of allowing individuals to leave materials. Deputy City Attorney Daggett suggested the restriction could be addressed by stating that no materials could be left unattended at all in connection with a Council meeting. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Resolution 2013-008, with the following amendments: change the word podium to lectern in Section 3E, remove the word “audible” from Section 3G, and add the word “props” to Section H. Mayor Weitkunat stated Council needs to be able to conduct an efficient, orderly meeting. These items are meant to discourage disruptive behavior in order to facilitate the orderly nature of the system. Councilmember Kottwitz stated these regulations are about protecting all citizens. Councilmember Horak made a motion, seconded by Mayor Pro Tem Ohlson, to amend Section J of Resolution 2013-008 which would rephrase wording to state: “Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public 307 February 5, 2013 event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. People wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstructs the passage of pedestrians or vehicles.” Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Kottwitz noted there are many ways to access Councilmembers, who are eager to visit with citizens on a variety of platforms. Mayor Pro Tem Ohlson stated he would like the barrier in front of Council to be removed from Chambers and he corrected statements made by citizens regarding his record. He stated the ex parte issue will be examined in the future. The vote on the motion to adopt Resolution 2013-008, as amended, was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 020, 2013, on First Reading. Councilmember Troxell supported the motion. Mayor Weitkunat referenced the phrase “significant” in the Ordinance language. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Items Relating to Animal Control, Adopted on First Reading The following is the staff memorandum for this item. “EXECUTIVE SUMMARY A. First Reading of Ordinance No. 021, 2013, Amending Chapter 4, Article II and Chapter 19, Article V of the City Code so as to Decriminalize Certain Offenses Related to the Care and Keeping of Animals. B. First Reading of Ordinance No. 022, 2013, Making Certain Amendments to Chapter 4, Article II, of the City Code. Ordinance No. 021, 2013 amends Chapter 4, Article II of the City Code to decriminalize all offenses related to the care and keeping of animals, except for the vicious, dangerous, public nuisance, and cruelty sections, to provide better, more responsive customer service. The recommended changes in the Animal Protection and Control (APC) protocol would ensure responsiveness and flexibility 308 February 5, 2013 to citizen concerns and complaints. City staff also recommends transferring the management of the APC contract from Police Services to Neighborhood Services. These changes will enable the City to make progress in addressing the issues of barking dogs and other animal nuisances in the community. Ordinance No. 022, 2013, clarifies the licensing and rabies vaccinations requirements, and adds a numerical distinction of 80 degrees Fahrenheit to indicate when it is illegal to confine an animal within a parked vehicle. BACKGROIUND / DISCUSSION Currently, a violation of any section of Chapter 4, Article II of the City Code is punishable as a criminal misdemeanor, subject to a penalty of $1000 and up to 180 days in jail. Decriminalizing most of the offenses related to the care and keeping of animals (except for the provisions dealing with vicious and dangerous dogs, public nuisance, and cruelty sections) will result in more effective enforcement of violations that adversely affect the livability of neighborhoods. All of the sections of Chapter 4, Article II are recommended to be decriminalized (including Animal at Large and Animal Disturbance) with the exception of the following: • Sec. 4-70 Improper Care or Treatment Prohibited • Sec. 4-74 Maltreatment of Performing Animals Prohibited • Sec. 4-95 Public Nuisance Prohibited • Sec. 4-96 Dangerous Animals Prohibited • Sec. 4-97 Vicious Animals Prohibited • Sec. 4-119 Use of Poison Restricted • Sec. 4-157 Killing or Capturing Wild Birds Restricted Between 2005 and 2006, the City’s Occupancy Ordinance and most of the City’s code provisions pertaining to property condition nuisances were decriminalized. The decriminalization of these provisions has proven to be successful and is a model for the recommendation to decriminalize the animal provisions. Civil citations require that the property owner or tenant correct the violation, while also assessing a fine for the violation. Fines increase with repeat violations, creating a financial incentive for property owners and tenants to avoid further violations. This system of progressive penalties provides an immediate fine, while concurrently discouraging repeat violations and encouraging compliance without the threat of jail time. Pros and Cons of Decriminalization The pros of decriminalizing include: • Penalty more appropriately fits the crime with a fine rather than potential jail time. • Burden of proof is less, which should result in more convictions. • Easier, more efficient process to serve the citation, which should allow for the issuance of more citations. • Repeat violations can become criminal, which should be a deterrent. • Financial incentive to avoid repeat violations with progressive penalties. • More expeditious process. • Civil process has proven to be an effective tool with occupancy and nuisance violations. 309 February 5, 2013 • Does not become a criminal misdemeanor or a criminal record unless it is a repeat violation. • No jury trials The cons of decriminalization include: • Cannot use jail time as a motivator or deterrent except for repeat violations. • Cannot issue a warrant for failure to pay a fine; however, unpaid fines are sent to collections and would affect credit ratings. • Concern of possible perception of diminishing the severity of the violation; especially since Council provided additional support and direction to develop a Park Ranger Program. • Concern of possible negative impact to the considerable amount of progress in addressing animals off leash that has been made over the past decade in City Natural Areas. Although the City has had experience with decriminalizing the code provisions pertaining to over- occupancy and property condition nuisances, it is not common practice for animal control ordinances to be decriminalized. However, animal nuisances, especially barking dog violations, create neighborhood problems in many communities. Staff believes this chronic problem needs a new, more effective approach in addressing citizen concerns. Because this is a new approach for animal provisions, staff will monitor the impacts closely to make sure they are meeting expectations and identify problems so they can be addressed quickly. Additionally, there is some concern that decriminalizing the animal at large section of the Code might give the perception of diminishing the severity of the violation. The Natural Areas and Trail Rangers have expressed concern about this and wish to avoid a reversal to the considerable progress made over the past decade. Moreover, Council directed staff, as part of the 2013/2014 Budget process, to develop a companion Park Ranger program whose intent is to reduce the number of dogs off leash and animal waste violations on City park properties. Neighborhood Services staff believes close monitoring and immediate identification of problems will maintain these recent gains while increasing responsiveness to current animal issues. Civil Citation Penalties The penalty for a civil citation is a fine, and the amount of the fine is set by the Municipal Judge. Staff recommends that the fines be set at an amount that discourages violations. Currently, nuisance violations start at $100 for the first offense, $300 for a second violation, and any subsequent citations are doubled or become a criminal offense. Staff also recommends utilizing the same process currently used for multiple violations which allows repeat violations (more than two) to be charged as a criminal misdemeanor. This process strongly discourages repeat violations. Because service of citations will be easier with decriminalization, it is likely that the number of animal disturbance (barking dog) violations will increase. It is estimated that there will be over 500 citations issued by APC in a year, which will be an increase over the 400-450 citations currently issued (See Attachment 1 for more detailed APC data). 310 February 5, 2013 Implementation Date In light of the increase in the number of citations for animal disturbances that may result from these changes, the Judge has indicated that Municipal Court will continue to manage the administrative processing of these citations. However, they will not be able to begin doing that work for a few months. The funding for the Municipal Court Referee will need to be paid by Neighborhood Services. Neighborhood Services currently pays for the Referee’s time to hear nuisance and occupancy citation hearings, and it is anticipated that the current amount budgeted should cover the additional amount needed. Additionally, other details, such as training and purchasing new ticket books, will need to be finalized prior to beginning the decriminalization process. For these reasons, staff recommends that the implementation of the decriminalization of all of the sections of Chapter 4, Article II of the City Code should begin on May 1, 2013. Other Animal Code Changes While working on decriminalization, staff also identified sections that need clarifying language to provide clear understanding of the ordinance. These include: • License and identification tags – clarification • Rabies vaccination – clarification • Improper Care and Treatment – Clarify when a violation exists by adding a section that prohibits confining an animal within a parked vehicle when it is above 80 degrees Fahrenheit because research shows that significant harm can occur when animals are left unattended in their vehicles during periods of extreme heat. Animal Protection and Control (APC) Contract Management Staff plans to transfer management of the APC contract from Police Services to Neighborhood Services because decriminalization will make these violations civil issues and they are primarily neighborhood livability concerns. Neighborhood Services has experience managing enforcement of civil infractions and working with neighborhood issues. The ultimate goal is to provide better, more responsive customer service. Potential improvements include: • Information on the City’s web page – Neighborhood Services will work closely with Animal Control to put user-friendly information on the City’s Neighborhood Services web page to instruct citizens about how to approach and report animal issues. • Assist with protocol changes to APC – Assist citizens who wish to remain anonymous and gather information needed to pursue resolution. Neighborhood Services will also be able to work more closely with residents who have animal concerns in their neighborhood and more readily identify when an issue is appropriate for mediation or some other form of assistance. • Assist with the civil infraction process – Neighborhood Services began enforcing civil infractions several years ago when most of the provisions pertaining to property condition nuisances were decriminalized, so staff has experience issuing civil citations. 311 February 5, 2013 • Improve measurement tools, evaluations, and data analysis. Although data has been provided in the past, Neighborhood Services will work with Animal Control and seek assistance from the Budget and Finance Office to ensure measurement and analysis of the right data in order to determine whether decriminalization is effective and meeting expectations. Protocol Changes for Barking Dogs Staff recommends changes to the APC protocol for barking dog complaints to ensure that it matches the language and intent of the ordinance and provides better, more responsive customer service. These changes include: • Allow for anonymous complaints when they can provide enough information to follow up on the complaint (i.e., address or very close description of the location, type of violation, how often it occurs, etc.). • Do not require a description of the dog; however, encourage complainants to provide a description if they can because it will help verify the violation. • Allow for some flexibility regarding the address (e.g., if they know it is the house directly behind them then staff can find out the address). • Issue citation to anyone at the residence. The Code states that anyone over the age of 18 at the residence can be considered the “owner or keeper of the animal”. • Police will still respond to animal calls after hours. • Police can verify the problem and refer it to APC the following day to issue the citation based on the Police Officer’s observations. FINANCIAL / ECONOMIC IMPACTS Decriminalizing the offenses pertaining to the care and keeping of animals in Chapter 4, Article II of the City Code will likely result in an increase in citations issued. At least some of the costs will be offset by revenues from fines. Municipal Court will absorb the cost for administration of the civil citations. Based on the current number of civil citation hearings and the anticipated increase, Neighborhood Services will be able to use the current amount budgeted for the Municipal Court Referee to cover the added hearings.” Beth Sowder, Neighborhood Services Manager, stated these Ordinances would decriminalize some offenses relating to the care and keeping of animals. She reviewed the perceived benefits and potential negatives of this action and the proposed language changes and clarifications. Alfred Reaud, 1104 Columbine Court, asked if non-residents can be ticketed for barking dogs. He expressed concern that a third citation would become a criminal matter. Ross Cunniff, 2267 Clydesdale, encouraged clear direction and easy access to resources for all parties involved. 312 February 5, 2013 Bob Overbeck, 302 Parker Street, supported the Ordinances. Randy Gorby, 5000 Boardwalk Drive, suggested installing additional bag stations throughout the city to aid in keeping neighborhoods clean. Councilmember Troxell expressed concern about consistency with regard to moving daytime enforcement to Neighborhood Services from Police Services. Police Captain Szackmeister replied Police Services would respond to barking dog calls but enforcement and citations would be left to the Humane Society. That process will not change, which provides consistency for residents. Councilmember Troxell asked if anonymous reports would be verified by Neighborhood Services. Sowder replied Animal Control will verify those reports. Councilmember Troxell asked about waste pick-up. Sowder replied that issue would be one of the decriminalized codes. Additional bag stations could aid in parks. Captain Bill Porter, Larimer County Humane Society, replied it has increased patrols with a focus on city parks. If a neighbor reports an issue with failure to collect waste, it can be addressed. Councilmember Troxell asked if the Humane Society is increasing its staffing. Captain Porter replied the service in Fort Collins has not changed with budget fluctuations and he does not anticipate much change with the proposed decriminalization. Councilmember Troxell asked how many officers the Humane Society has on patrol. Captain Porter replied the number of officers fluctuates throughout the day. Captain Szackmeister clarified that the aspects of enforcement handled by the Humane Society will not change with the shift of responsibility to Neighborhood Services due to the contract the City has with the Humane Society. City Manager Atteberry stated the change to management of these issues by Neighborhood Services will lead to improvements. Mayor Weitkunat asked about the inclusion of a specific temperature for leaving dogs in vehicles. Captain Porter replied Loveland has had great success with the inclusion of an eighty degree temperature threshold. Calls reporting dogs in cars will be handled based on breed, car location, and other information. Mayor Weitkunat expressed concern regarding the ability of an anonymous complaint to be called in with few specific details given. Captain Porter replied officers will respond to anonymous calls from a distance, and if no barking is heard, the case will be closed. It is ideally best for complainants to come forward in order to allow for the best, most efficient response. Mayor Pro Tem Ohlson stated staff has been directed to examine the pet waste issue and bike rangers will be on patrol regarding the issue in the summer. He asked what dispatch service would do if no officers are on duty. Captain Porter replied an officer is available for emergency situations during all hours of dispatch service. Mayor Pro Tem Ohlson commended staff work on the item. 313 February 5, 2013 Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 021, 2013, on First Reading. Councilmember Troxell asked if these issues are handled by Loveland Police Services. Captain Porter replied in the affirmative; Loveland has not yet decriminalized Code violations. Sowder replied Larimer County did move the management of the contract from the Sheriff’s Department to their code enforcement division, though they have not decriminalized Code violations. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 022, 2013, on First Reading. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. City Manager Atteberry noted the idea of decriminalization was first suggested by City Attorney Roy. Mayor Pro Tem Ohlson clarified the decriminalization will not make the issues less significant, but more. Other Business Councilmember Horak requested Council support for adding to the February 19 agenda for Council consideration an ordinance that would ban fracking, a resolution that would urge the state legislature to allow home rule cities have more power to regulate oil and gas development within their boundaries, support Longmont in a lawsuit with the state, and work with the County to look at regulation of oil and gas development in the growth management boundaries, and to ask staff to develop options for regulating and/or banning fracking on City-owned lands. Additional Councilmembers supported the items moving forward for consideration. Councilmember Kottwitz clarified that Council will also consider placing a ban on fracking on the April ballot at the February 19 meeting. Adjournment Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adjourn to 6:00 p.m. on February 12, 2013, so that the Council may consider any additional business that may come before the Council. Yeas: Weitkunat, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. 314 February 5, 2013 The meeting adjourned at 10:30 p.m. _________________________________ Mayor ATTEST: _____________________________ City Clerk 315