HomeMy WebLinkAboutMINUTES-07/01/2008-RegularJuly 1, 2008
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 1, 2008, 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: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy, and Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Mayor Hutchinson introduced Susan Kirkpatrick, Executive Director of the Colorado Department
of Local Affairs. She presented two NAHRO Awards of Excellence in Affordable Housing to the
Fort Collins Housing Authority for its acquisition and rehabilitation of The Villages on Elizabeth,
an apartment complex. One award recognized the work of Jeff Valoric, Facilities and Maintenance
Manager for his role in the redevelopment of several Fort Collins Housing properties. The other
award recognized the design and development of The Villages on Elizabeth.
Citizen Participation
Vivian Armendariz, 820 Merganser Drive, spoke about Dial -A -Ride issues and the lack of customer
service from City staff.
Nancy York,130 South Whitcomb, urged Council to consider a resolution calling for the withdrawal
of U.S. troops from the war in Iraq. She did not support building new parking structures in the
downtown area as they would be too expensive to build and would encourage people to drive and
not use Transfort. She requested an analysis of the amount of money that leaves Fort Collins in the
form of fuel.
Citizen Participation Follow-up
Councilmember Roy asked for further information about Ms. Armendariz's concern about customer
service for Dial -A -Ride.
Councilmember Manvel stated many millions of dollars leave Fort Collins for fuel, but an exact
number would be difficult to compute. New routes have been added to Transfort and other work has
been done to improve public transportation, but it is an expensive undertaking.
Aeenda Review
City Manager Atteberry stated Item #19, Second Reading of Ordinance No. 073, 2008, Making
Various Amendments to the City of Fort Collins Land Use Code, has been revised. Item #22, First
Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown DevelopmentAuthority
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July 1, 2008
Fund for Expenditure in Accordance with the Downtown Plan of Development, will be moved to
discussion. Item #24, Items Relating to the 1-251SH 3921nterchange and Improvements Project, is
being withdrawn to August 19, 2008 to allow more time to complete details in the funding for the
Study.
City Attorney Roy explained the wording change to Ordinance No. 073, 2008, Section 2, Paragraph
(H) which establishes a new pre -application hearing. The paragraph now reads "...for the purpose
of receiving preliminary comments from the City Council regarding the applicant's overall proposal
in order to assist the developer in determining whether to file a development application or
annexation petition. However, if the only legislative action involved in the proposal is a possible
financial partnership with the City or the provision of some financial incentive to the applicant from
the City, the City Manager must agree that the proposed partnership or financial incentive warrants
Council consideration in order for a hearing before the Council to be scheduled. All pre -application
hearings scheduled by the City Manager under this provision will be held in accordance with the
provisions..." The rest of the Ordinance is unchanged.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the May 20 and June 3, 2008 Regular
Meetings and the June 24, 2008 Adjourned Meeting,
Second Reading_of Ordinance No. 059, 2008, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitors Bureau.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, appropriates
lodging tax revenues that were in excess of 2007 budgeted lodging tax receipts to Cultural
Development and Programming ("CDP"), Visitor Events, and the Convention and Visitors
Bureau ("CVB'� accounts.
8. Second Reading of Ordinance No. 060, 2008, Appropriating Unanticipated Revenue in the
General Fund for the Purchase, Training and On -going maintenance of the E911 and
Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, appropriates the
funds provided to Fort Collins Police Services by Latimer Emergency Telephone Authority
(LETA) to purchase equipment, train users and maintain equipment for emergency services
dispatching.
9. Items Relating to the Completion of the Spring Cvcle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant (CDBG) and Home
Investment Partnership (HOME) Programs, and the City's Human Services Program and
Affordable Housing Fund.
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July 1, 2008
A. Second Reading of Ordinance No. 061, 2008, Appropriating Unanticipated Revenue
in the Community Development Block Grant Program.
B. Second Reading of Ordinance No. 062, 2008, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the HOME
Investment Partnership Program.
These Ordinances, unanimously adopted on First Reading on June 3, 2008, complete the
spring cycle of the competitive process for allocating City financial resources to affordable
housing programs/projects and community development activities.
10. Postponement of Second Reading of Ordinance No. 064, 2008, Amending Sections 23-83
and 24-2 of the City Code Pertaining to Awnings and Canopies over Sidewalks to September
16,2008.
Staff has been approached by a local business seeking permission to install a retractable
shade and rain awning over its permitted eating area encroachment to accommodate patrons
during periods of inclement weather. Current City Code language precludes the issuance of
an encroachment permit to allow the installation ofthe awning. This Ordinance, unanimously
adopted on First Reading on June 3, 2008, allows an encroachment permit to be issued in this
instance as well as for other businesses who seek to place awnings over permitted patio
encroachments.
Staff is requesting postponement of Second Reading of the Ordinance to September 16,
2008, in order to incorporate changes in the Ordinance requested by Council. These changes
will address historic preservation issues, awning color and type, attachment specifications,
approval criteria and administration procedures.
11. Second Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code
Concerning_ the Obligation for Construction of Streets.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, clarifies that
developers need to dedicate to the City the street rights -of -way for the local portion of street
adjacent their developments. It also clarifies that when the City constructs a street, it has a
right to seek reimbursement from nearby benefitted properties (adjacent properties) as well
as properties that abut the street constructed by the City.
12. SecondReadineofOrdinanceNo.066,2008,AuthorizinethePurchasingAgent toEnter into
a Lease -Purchase Financing Agreement for Vehicles and Equipment.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, authorizes the
Purchasing Agent to enter into a lease -purchase financing agreement with Koch Financial
Corporation at 3.70% interest rate. The agreement is for an original term from the execution
date of the agreement to the end of the current fiscal year. The agreement provides for
renewable one-year terns thereafter, to a total term of five (5) years, subject to annual
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July 1, 2008
appropriation of funds needed for lease payments. The total lease terms, including the
original and all renewal terms, will not exceed the useful life of the property. This lease -
purchase financing is consistent with the financial policies of the City of Fort Collins.
13, Second Readine of Ordinance No. 067, 2008, Expanding the Boundaries of the Fort Collins
Downtown Development Authority (DDA) and Amending the Plan of Development of the
Authority.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, changes the
boundaries of the DDA District and amends the Plan of Development of the Authority to
include the property located at 800 East Lincoln Avenue, owned by Odell Brewing Company.
14. Second Readine of Ordinance No. 068, 2008, Designating the Myers House, 902 Mathews
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
Ordinance No. 068, 2008, unanimously adopted on First Reading on June 3, 2008, designates
the Myers House, 902 Mathews Street, as a Fort Collins Landmark. The owners of the
property, Dale and Mary Eggleston, are initiating this request.
15. Second Readine of Ordinance No. 069, 2008, Desi ng ating the W. A. Hall House and
Detached Garage, 910 Mathews Street, as a Fort Collins Landmark Pursuant to Chanter 14
of the City Code.
Ordinance No. 069, 2008, unanimously adopted on First Reading on June 3, 2008, designates
the W. A. Hall House and Detached Garage, 910 Mathews Street, as a Fort Collins
Landmark. The owners of the property, Dale and Mary Eggleston, are initiating this request.
16. Second Reading of Ordinance No. 070, 2008, Designating the Poole House, 309 East Locust
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
Ordinance No. 070, 2008, unanimously adopted on First Reading on June 3, 2008, designates
the Poole House, 309 East Locust Street, as a Fort Collins Landmark. The owners of the
property, Dale and Mary Eggleston, are initiating this request.
17. Second Reading of Ordinance No. 071, 2008, Desi nating the H. H. Hale House and
Detached Garage, 529 South Whitcomb, as a Fort Collins Landmark Pursuant to Chapter 14
of the City,ode
Ordinance No. 071, 2008, unanimously adopted on First Reading on June 3, 2008, designates
the H. H. Hale House and Detached Garage, 529 South Whitcomb, as a Fort Collins
Landmark. The owners of the property, Dale and Mary Eggleston, are initiating this request.
18. Postponement of Second Reading of Ordinance No. 072, 2008, Amending Section 5.1.2 of
the Land Use Code Pertaining to the Definition of Farm Animals and Amending Section 4-
117 of the City Code Pertaining to Chickens to September 2, 2008.
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July 1, 2008
This Ordinance, adopted on First Reading by a vote of 5-2 (Nays: Brown, Troxell) amends
Section 5.1.2 which is the definition of "Farm Animals." The effect of the change would
allow up to six chicken hens in all zones of the City. Chickens are presently included in the
definition and, therefore, are allowed only in the zones which allow Farm Animals (RUL,
UE, RF).
Staff is requesting a postponement of Second Reading of this Ordinance to September 2,
2008, to provide more time to address issues that have been raised by Council and citizens.
Some issues that are being addressed include a potential permit process for having hens,
deciding who would provide enforcement, air quality, economic impacts, human health
concerns, exterior property maintenance code and potential predator increases in city limits.
Staff is coordinating with Police, Natural Resources and other groups to address these issues.
19. Second Reading of Ordinance No. 073, 2008, Makine Various Amendments to the City
Fort Collins Land Use Code.
This Ordinance, unanimously adopted on First Reading on June 3, 2008, makes a variety of
proposed changes, additions and clarifications identified by staff in the Spring 2008 biannual
update of the Land Use Code. The amendments approved on First Reading include a
provision establishing a new process whereby the City Council could hold a preliminary
conceptual hearing with regard to land use proposals that entail not only specific project
development plans, but also legislative decisions of the Council pertaining to annexation,
property acquisition, amendments to the City's comprehensive plan, and/or public -private
partnerships. The ordinance presented on Second Reading adds an additional sentence to this
provision stating that, if the only legislative action involved in the proposal is a possible
financial partnership with the City or the provision of some financial incentive to the
applicant from the City, the City Manager must agree that the proposed partnership or
financial incentive warrants Council consideration in order for a hearing before the Council
to be scheduled.
20. First Reading of Ordinance No. 074, 2008 Appropriating Prior Year Reserves in the Light
and Power Fund for Ca in tal Expansion at the Portner Substation and Capital Additions to the
Timberline Substation.
To meet the electric needs of current and future customers, the Utilities plans to build two
new distribution substations at existing sites on Portner Road (west of the Transfort facility)
and Timberline Road (south of Prospect). Funds for the Portner Substation were budgeted
in 2008 and the Timberline Substation was planned for 2010. Two transformers are needed
at each substation. The Utilities recently received bids for the substation transformers and
the bids were 33% higher than budgeted. Vendors have indicated that the cost of
transformers and electrical switchgear will continue to escalate at a rapid rate over the next
two years due to increasing copper and core steel costs. To avoid future increases, the
Utilities now propose to purchase all four transformers needed for the two substations based
on the current bid. An appropriation of $4,017,604 is needed to purchase the transformers,
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July 1, 2008
install foundations, and supplement the original switchgear budget. The funds are available
from prior year reserves in the Light and Power Fund.
21. First Reading of Ordinance No. 075, 2008, Appropriating Unanticipated Grant Revenue in
the Light and Power Fund for Energy Star/Energy Efficiency Programs and Authorizing_ the
Transfer of Matching Funds Previously Appropriated in the Light and Power Operating
Bud et.
This Ordinance appropriates funds received from three grants received from the State of
Colorado's Governor's Energy Office totaling $75,000. Combined with the Utilities
matching funds, $50,000 will be used for each of three programs: ENERGY STAR for New
Homes, Home Performance with ENERGY STAR (for existing homes) and Residential Solar
Program (Photovoltaic).
22. First Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown
Development Authority Fund for Expenditure in Accordance with the Downtown Plan of
Development.
The Downtown Development Authority (DDA) is asking Council to appropriate $2,800,000
from the Downtown Development Authority Operations and Maintenance 2004A DDA Bond
Project and the 2007A Bond Project fund for the purchase of the Elks building. The DDA
Board has authorized the expenditure on this project.
23. First Reading of Ordinance No. 077, 2008, Amending Sections 2-30, 2-32 and 2-34 of the
City Code Pertaining to Notice of Public Meetings of the City Council and City Council
Committees.
This ordinance makes several amendments to the provisions of the City Code dealing with
the public notice requirements for regular and special meetings of the City Council.
24. Items Relating to the I-25/SH 392 Interchange and Improvements Project.
A. Resolution 2008-058 Authorizing the Mayor to Execute an Amendment to the
Intergovernmental Agreement Regarding Highway 392 Interchange Between the
City, the Town of Windsor and Metro Acquisitions, LLC.
B. First Reading of Ordinance No. 078, 2008, Authorizing the Transfer of Existing
Appropriations from the General Fund to the Capital Projects Fund for the I-25 and
SH392 Interchange and Improvements Project.
This resolution authorizes an amended Intergovernmental Agreement between the Town of
Windsor, City of Fort Collins, and the Developer (Metro Acquisitions, LLC) to share the cost
of filing a Justification for Separate Action and processing a 1601 study for the 125 and SH
392 Interchange. Ordinance No. 078, 2008 appropriates Fort Collins' portion of the cost for
these processes.
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July 1, 2008
The amended Intergovernmental Agreement divides the cost between Windsor, Fort Collins,
and the Developer and increases the capped contribution from Fort Collins from $38,391 to
$53,690.
25. First Reading of Ordinance No. 079, 2008, Amending Section 4.5(b) of the Land Use Code
of the City Pertaining to Shelters for Victims of Domestic Violence.
This Ordinance will amend the permitted use list of the Low Density Mixed -use
Neighborhood (L-M-N) to cap the number of residents in a Shelter for Victims of Domestic
Violence allowed as a Basic Development Review at 15 clients. Also, the Ordinance will
add Shelters for Victims of Domestic Violence allowed as a Type Two Review but with an
unlimited number of clients.
26. First Reading of Ordinance No. 080, 2008, Authorizing the Conveyance of a Stormwater
Filtration and Detention Easement at the Gardens on Spring Creek (Horticulture Center) to
Colorado State University.
CSU has approached the City with an interest in constructing a water quality control project
to treat storm flows from CSU's main campus. The majority of the project will occur on
CSU's property adjacent to the City's Horticulture Center property. However, due to design
constraints, CSU is requesting a stormwater easement to accommodate a portion of this
project on City property. The University has requested that the City convey a 28,581 square
foot permanent easement for stormwater filtration and detention over a portion of the
Horticulture Center property.
27. First Reading of Ordinance No. 081, 2008, Authorizing the Conveyance of a Sanitary Sewer
Easement and a Temporary Construction Easement on City PropeM to New Belgium
Brewing Company, Inc.
The City of Fort Collins Streets Department owns a parcel of land at 625 Ninth Street. The
owner of the adjacent property, New Belgium Brewery, Inc., has asked the City to convey
a sanitary sewer easement and a temporary construction easement on its property to connect
the Brewery's new building to the City of Fort Collins sewer system. The Brewery has
agreed to pay the City a fee of $1000 for the easements and to restore the easement areas
when construction is complete.
28. First Reading of Ordinance No. 082, 2008, Vacating a Street Right-of-Wav on Block 142
Established as Part of the 1873 Map of the Town of Fort Collins.
This Ordinance vacates Lincoln Place right-of-way, located within Library Park, in
preparation for the City's conveyance of a portion of the block to the Fort Collins Regional
Library District.
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July 1, 2008
29. Resolution 2008-059 Approving Expenditures from the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund to Commission an Artist to Create Art
Elements for the Soapstone Prairie Natural Area Project.
This Resolution approves expenditures of $26,595 for design, materials, installation and
contingency for a project with the artist Robert Tully to create sculptural elements for the
Soapstone Prairie Natural Area Project.
30. Resolution 2008-060 Establishing Fee Increases Charged by Fort Collins Police Services
Relating to the Release of Criminal Justice Records.
Approval of the change in the Fee Schedule will allow Fort Collins Police Services to
comply with HB 08-1076, which will become effective August 6, 2008.
31. Resolution 2008-061 Making an Appointment to the Natural Resources Advisory Board.
A vacancy currently exists on the Natural Resources Advisory Board due to the resignation
of Ryan Staychock. Councilmembers Manvel and Troxell reviewed the applications on file
and are recommending Phil Friedman to fill the vacancy with a term to begin immediately
and set to expire on December 31, 2009.
32. Routine Easements.
A. Easement for construction and maintenance of public utilities from Edwin and
Rebecca harper Trust, and Scott Harper, for a right-of-way easement to provide
additional electric power source for the southwest enclave annexation, located at 120
Palmer Drive. Monetary consideration: $2300.
B. Easement for construction and maintenance of public utilities from Carl and Sharon
Schell, for a right-of-way easement to underground existing overhead electric system
for the southwest enclave annexation, located at 128 East Trilby. Monetary
consideration: $900.
C. Easement for construction and maintenance of public utilities from Grandbois
Properties, for a right-of-way easement to underground existing overhead electric
system for the southwest enclave annexation, located at 6520 South College Avenue.
Monetary consideration: $6000.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 059, 2008, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and the Fort Collins
Convention and Visitors Bureau.
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July 1, 2008
8. Second Reading of Ordinance No. 060, 2008, Appropriating Unanticipated Revenue in the
General Fund for the Purchase, Training and On -going maintenance of the E911 and
Emergency Medical Dispatch Systems at Fort Collins Police Services Dispatch Center.
Items Relating to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing the Federal Community Development Block Grant (CDBG) and Home
Investment Partnership (HOME) Programs, and the City's Human Services Program and
Affordable Housing Fund.
A. Second Reading of Ordinance No. 061, 2008, Appropriating Unanticipated Revenue
in the Community Development Block Grant Program.
B. Second Reading of Ordinance No. 062, 2008, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Projects in the HOME
Investment Partnership Program.
11. Second Reading of Ordinance No. 065, 2008, Amending Section 24-95 of the City Code
Concerning the Obligation for Construction of Streets.
12. Second Reading of Ordinance No. 066, 2008, Authorizing the Purchasing Agent to Enter into
a Lease -Purchase Financing Agreement for Vehicles and Equipment.
13. Second Reading of Ordinance No. 067, 2008, Expanding the Boundaries of the Fort Collins
Downtown Development Authority (DDA) and Amending the Plan of Development of the
Authority.
14. Second Reading of Ordinance No. 068, 2008, Designating the Myers House, 902 Mathews
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
15. Second Reading of Ordinance No. 069, 2008, Designating the W. A. Hall House and
Detached Garage, 910 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
16. Second Reading of Ordinance No. 070, 2008, Designating the Poole House, 309 East Locust
Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
17. Second Reading of Ordinance No. 071, 2008, Designating the H. H. Hale House and
Detached Garage, 529 South Whitcomb, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
19. Second Reading of Ordinance No. 073, 2008, Making Various Amendments to the City of
Fort Collins Land Use Code.
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July 1, 2008
36. Second Reading of Ordinance No. 063, 2008, Appropriating Prior Year Reserves in the
Stormwater Fund For Review of Stormwater Best Management Practices and
Implementation of Low Impact Development Demonstration Projects.
Ordinances on First Reading were read by title by City Clerk Krajicek.
20. First Reading of Ordinance No. 074, 2008 Appropriating Prior Year Reserves in the Light
and Power Fund for Capital Expansion at the Portner Substation and Capital Additions to the
Timberline Substation.
21. First Reading of Ordinance No. 075, 2008, Appropriating Unanticipated Grant Revenue in
the Light and Power Fund for Energy Star/Energy Efficiency Programs and Authorizing the
Transfer of Matching Funds Previously Appropriated in the Light and Power Operating
Budget.
22. First Reading of Ordinance No. 076, 2008, Appropriating Funds in the Downtown
Development Authority Fund for Expenditure in Accordance with the Downtown Plan of
Development.
23. First Reading of Ordinance No. 077, 2008, Amending Sections 2-30, 2-32 and 2-34 of the
City Code Pertaining to Notice of Public Meetings of the City Council and City Council
Committees.
25. First Reading of Ordinance No. 079, 2008, Amending Section 4.5(b) of the Land Use Code
of the City Pertaining to Shelters for Victims of Domestic Violence.
26. First Reading of Ordinance No. 080, 2008, Authorizing the Conveyance of a Stormwater
Filtration and Detention Easement at the Gardens on Spring Creek (Horticulture Center) to
Colorado State University.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Item #19 as
revised and all items not withdrawn from the Consent Calendar. Yeas: Brown, Hutchinson, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
Mark Jackson, Transportation Group Director, introduced Joe Olson, new City Traffic Engineer.
City Manager Atteberry noted Allstate Insurance recently named Fort Collins as the second safest
city for driving in the United States for the third consecutive year.
City Manager Atteberry stated the "Tour de Mason," a tour of the Mason Corridor for developers,
investors, and real estate brokers was well received, with 125 individuals attending the tour.
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July 1, 2008
Kelly DiMartino, Communications and public Involvement Director, stated the branding project,
which included development of a new logo for Fort Collins, began in 2005 with a citizen advisory
committee that recommended a community branding initiative, which was funded in the 2007
budget. The research done for this project is now used to market tourism, business retention and
expansion, and other recruitment efforts. Part of the branding initiative looked at the City logo. A
logo communicates a message and tells a story to the community and external audiences. It is an
identifier and helps people clearly recognize City vehicles, employees, correspondence or property.
The current logo has been used for 35 years and the branding initiative indicated it was time to
update the logo image. Much of the City's equipment and signs is ready to be replaced within the
existing maintenance schedule, so timing is right to make a logo change. When the new logo was
first unveiled, many concerns were raised by the community. The decision was made to put the new
logo on hold and ask the community for more input. Staff led an extensive public participation
process that produced thousands of comments and public input. Linden, a local design firm,
volunteered its time to help to sift through public feedback and it also did some design work on a
potential logo. The themes that developed from the feedback were that Fort Collins is a friendly
place, vibrant, environmentally conscious and is a beautiful community and the logo should reflect
those themes. Three logo options were designed and community input was gathered. The input was
evenly divided between the three choices. After reviewing the comments, the City Manager chose
the revised version of the new logo which will be placed on City property in phases over a period
of eight years.
City Manager Atteberry stated the current logo needs to change as it does not meet the needs of the
City. Asking the public for input has resulted in a much better product than the new logo first
proposed. He thanked Linden for its work in the process.
Councilmember Brown asked for the schedule to replace the logo on City property. DiMartino
stated a schedule has been developed that would replace letterhead over a two-year period, uniforms
would be replaced over a three-year cycle and building signage will take up to eight years to
completely replace. City Manager Atteberry stated all electronic communication will use the new
logo immediately. Purchase of many items containing the City logo has been on hold until this
decision was made, so the new logo should be quickly visible to the public.
Councilmember Reports
Councilmember Poppaw attended the Columbine Health System's Lifestyle Run/Walk, and the
proceeds were donated to the Larimer County Parkinson Support Group.
Councilmember Manvel attended Colorado Municipal League conference sessions. One session
discussed the problems of municipal finance and the loss of sales tax bases. Another session was
about the redevelopment of Villa Italia in Lakewood as a multi -use area.
Mayor Hutchinson stated he was re-elected to the CML Executive Board for a two-year term,
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July 1, 2008
Ordinance No. 063, 2008,
Appropriating Prior Year Reserves in the Stormwater Fund For Review
of Stormwater Best Management Practices and Implementation of Low
Impact Development Demonstration Projects Adopted on Second Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Council has asked for a review of the City's Stormwater Best Management Practices. City staff has
requested assistance from Colorado State University. This Ordinance, adopted on First Reading
on June 3, 2008 by a vote of 6-0 (Councilmember Troxell withdrew due to a conflict of interest),
appropriates $303, 012 from Stormwater reserves to fund the services to be provided by the Urban
Water Center at Colorado State University. "
Councilmember Troxell withdrew from the discussion of this item due to a conflict of interest.
Councilmember Ohlson asked ifCSU's recommendations and suggestions that result from this Study
would be impartial and will list the best information possible to have state-of-the-art best practices
management implemented. City Manager Atteber y stated the City does enjoy a strong relationship
with CSU, but it does not hesitate to disagree with the City if necessary. Jim Hibbard, Water
Engineering and Field Service Manager, stated the process has already started and CSU staff has
been honest and open with staff, pointing out things that need to be done better. The manager of the
project, Dr. Larry Roesner, Director of the Urban Water Center, is well credentialed and has years
of experience in both the private sector and higher education. His staff and graduate students will
provide expertise that will lead to changes in stormwater practices.
Councilmember Roy asked for a history of the worksites where CSU has gathered its expertise.
Hibbard stated CSU is currently conducting a study on life cycle costing of stormwater best
management practices, commissioned by the Colorado Stormwater Council. Dr. Roesner has
devoted many research hours and projects to stormwater best management practices and, in private
practice, has worked across the United States and internationally, on best management practice
research projects.
Councilmember Roy asked if changes that might result from this Study would affect the Red Fox
Meadows Project, currently underway. Hibbard stated Dr. Roesner has already advised staff on
several components of the Red Fox Meadows Project and his suggestions have been incorporated
into the Project.
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
063, 2008 on Second Reading. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
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July 1, 2008
Resolution 2008-062 Repealing Resolution 2004-082 and Adopting a New
West Nile Virus Management Polio Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
The West Nile virus management program is currently funded at 5235, 228 for 2008 and 5239, 932
for 2009. Many of the recommendations detailed within this Agenda Item Summary have little or
no financial impact. The estimate for implementation of the remaining recommendations is as
follows:
2008 one time
2009 one time
2010/on oin
Additional public education
$11,000
$111000
$11,000
Quality Control
$ 8,000-10,600
$8,000-10,600
$8,000-10,600
Testing of samples (status
quo)
NA -CDC
contribution
$ 21,000 - 42,000
$ 21,000 - 42,000
One time technical research
$ 3,000
NA
NA
Budgetfor adulticiding
i /when needed
$ 49,500
(ongoing budget)
Budgetfor reverse 9-1-1
i /when needed
$18,500
(ongoing budget)
EXECUTIVE SUMMARY
The overall goal ofthe West Nile Virus Management Policy is to reduce the risk ofhuman West Nile
virus infection while limiting adverse human health and environmental impacts. In December 2007
the City Manager formed a West Nile Virus Technical Advisory Committee for the purpose of
reviewing and making recommendations about the City's policy and practices related to West Nile
virus mitigation. The Committee has finalized its review and made a number of recommendations.
City Council discussed the Committee's findings at work sessions on April 22, 2008 and June 10,
2008 and directed staff to bring forward a resolution formally adopting a West Nile Virus
Management Policy.
BACKGROUND
West Nile virus was first detected in Colorado in late summer of 2002 and an initial outbreak of
infection occurred in the Fort Collins area in 2003. The City's policy far responding to West Nile
virus evolved through a series ofoperational experiences and reviews with City Council, beginning
in 2003. The City employs abroad based, prevention focused management program that includes
public information and education, adult and larval mosquito population monitoring, and direct
larval control (also known as larviciding). Additionally, the City has implemented adult mosquito
control by spraying (also known as adulticidinp) as an emergency response to increasing human
health risks in some years.
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It is generally accepted that West Nile virus will be present in the Fort Collins area for the
foreseeable future. Following the 2007 season, the City Manager decided to form a Technical
Advisory Committee for the purpose of reviewing and making recommendations about the City's
currentpolicy and response plans. The Committee has met regularly since January 2008 discussing
the various program components, reviewing research and consulting with outside experts.
Program Recommendations
The Committee 's findings and recommendations were discussed by City Council at work sessions
on April 22, 2008 and June 10, 2008. Many thoughtful recommendations were made by the
Committee during the course of the last six months. After careful deliberation, the City Manager
and staff consider the following to be those of highest priority:
Adopt a written West Nile Virus Management Policy. Currently the City has a detailed
operational plan explaining how the threat of West Nile virus is managed, and a 2004
resolution establishing guidelines for undertaking measures to help control the West Nile
virus. The proposed West Nile Virus Management Policy includes a statedgoal and outlines
key elements for the City Manager to implement, including public education, larviciding,
mosquito management and use ofadulticides.
Two policy options for Council consideration are discussed in detail later in this document.
2. Enhance public education and outreach in order to better inform citizens about the threat
of West Nile virus and how they can protect themselves. Work is underway to increase the
effectiveness of West Nile virus messaging and reach a broader audience through print ads,
radio spots, the internet, etc. By adding a seasonalpublic relations field technician, the City
could more effectively reach citizens at a variety of outdoor venues, providing samples of
approved repellents and distributing materials on West Nile virus.
The City's contractor, Colorado Mosquito Control, has committed to upgrading their
website to include more information on mosquito test results and locations, and to ensuring
the information is kept current, especially during times of higher risk
3. Provide a mechanism for oversight into the process so that all operations, including
adulticiding, are not the responsibility of a single contractor. The desire for independent
oversight was identified by both the Technical Advisory Committee and City Council. Staff
recommends that some or all of three components be implemented:
a. Add a seasonal City employee charged with conducting Quality Control of
larviciding and adulticiding operations. This trained individual would assess the
efficacy of larvicide treatments and adult mosquito surveillance (trapping)
independent of the contractor and report the results directly to the City. If
adulticiding occurs, he/she also would set traps to determine the reduction ofCulex
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mosquito densities and check to ensure that treatments are done at the proper time
and under the proper conditions.
b. Retain a separate contractor for adulticiding services, should they be needed. There
are only two other local companies licensed by the State of Colorado to conduct
adulticide operations. Both companies have been contacted and each has stated that
they do not have the capability to meet Fort Collins' adulticiding needs. Staff will
continue to investigate the possibility ofworking with other companies in the region
or state, and seek further advice from the Technical Advisory Committee. While it
is feasible that changes could be made this season, the more likely outcome is that
options would need to be developed this year and implemented in 2009.
C. Continue the practice of having an independent party test mosquito samples to
determine infection rates and verify identifications of the mosquitoes in the pools.
The Centers for Disease Control (CDC) has donated these services to the City since
2003, however this will end at the end of 2008. City staff will continue to actively
explore options for 2009 and beyond. One promising proposal is being developed
by the Colorado State University Department of Microbiology, Immunology &
Pathology. Depending on the cost of continued testing, the City may have to
consider reducing the number of sites. Staff hopes to consult further with the
Technical Advisory Committee to evaluate options.
4. Conduct one-time research to better determine the source of infected adult mosquitoes. A
technical researcher can determine if there is a benefit to extending the buffer zone around
some areas of the city, and whether or not backyard larval habitats are a significant source
of infected mosquitoes. This, in turn, would help guide decisions about other potential
larviciding practices (e.g. use of helicopters for larviciding, different products, etc.)
Amendthe Code definition of "public nuisance " to include stagnant water creatingpotential
larval habitats for disease carrying mosquitoes. Though voluntary compliance is currently
very high, this would provide the means to mitigate aproblem property should an owner not
respond to requests to do so. The primary emphasis would be to educate the public and
proactively mitigate problem sites.
Code enforcement staffanticipate that the number ofcases generatedby this provision would
be less than 20 over the course of a summer, and that they would be able to handle this
increase with existing code compliance staff as currently budgeted.
6. Conduct a survey to assess current public awareness of West Nile virus and opinions about
the use of adulticides. The survey questions and methodology would require professional
review to ensure objectivity. One low-cost and effective option is to include questions about
West Nile virus on the next City-wide citizen survey, scheduled for late 2008 or early 2009.
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The City Manager should appoint an ongoing Technical Advisory Committee to annually
review the prior season and make recommendations to improve the efficacy of the program.
Existing Committee members have expressed interest in participating in this effort.
8. Document the current design of the surveillance program and trapping grid, including the
number of trap sites, types of traps used and number of trap nights per week. This provides
data that contributes to decisions regarding the level of risk. This recommendation was
discussed by the Committee early in the year and Colorado Mosquito Control staff have
since compiled this information.
9. Change the currentpolicy on adulticiding to include additional review by a West Nile virus
advisory panel, and include funding for adulticiding in the ongoing City budget in future
years. This recommendation (also referred to as "Option C" in the June 10, 2008 work
session materials) is discussed in more detail in the following section.
Many of these recommendations can be implemented at little or no cost. Others require additional
funding, as outlined in the table below. The current funding for the West Nile virus management
program comes from a combination of the General Fund, Storm Water Fund, and Natural Areas
Fund. The Natural Areas fund has agreed to contribute the $11, 000 recommended for additional
public education (item 2), the Storm Water Fund has agreed to contribute $10, 000 towards the cost
oflaboratory testing (item 3c), and the remaining costs would need to be covered by the Community
Opportunities funds in the General Fund. The ongoing costs for adulticide operations would be
considered for the 2010-2011 budget using the Budgeting for Outcomes process.
Cost of recommendations
Recommendation
2008 one time
2009 one time
2010/ongoing
2. Additional public
education
$11,000
$11,000
$11,000
3a. Quality Control
$ 8,000-10,600
$ 8,000 -10,600
$ 8,000-10,600
3c. Testing of samples
statusquo)
None - CDC
contribution
$21,000 - 42,000
$21,000 - 42,000
4. One time technical
research
$ 3,000
NA
NA
3c. Budget for adulticiding
i /when needed
$ 49,500
on oin
3d. Budget for reverse 9-1-1
i /when needed
$18,500
(ongoing)
Current budget and funding sources
Fund Source
2008
2009
General Fund
$135,8341
$138,561
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Storm Water Fund
9,9971
10,19
Natural Areas Fund
89,3971
91,174
Total
$235,2281
$ 239 932
Use ofAdulticides and Policy Options
Despite efforts to mitigate the threat of West Nile virus through public education, mosquito trapping
and testing, and larval control, the City has deemed it necessary to apply adulticides in some years
in order to avert a public health emergency. Much of the analysis of the Technical Advisory
Committee focused on weighing the risks of West Nile virus against the risks of the pesticides used
in adulticiding. The Committee reviewed a number ofstudies (some recentlypublished), consulted
with outside experts and brought their individual expertise and experience to the table.
The Director of the Larimer County Department of Health and Environment is the local authority
in evaluating public health risks. As the season progresses, the Director uses a number of data
sources to assess the developing threat and consults with a variety of people and organizations,
including staff from the CDC, Larimer County and Colorado State University. Data sources
include:
• The number and location of infected mosquitoes.
• The number of human cases.
• Blood donor data from the State blood bank
• The Vector Index, a measure of the density of infected mosquitoes in the community.
• Historic data on epidemic years, non -epidemic years and in-between years.
• Weather, including how it influences monitoring and impacts the Vector Index.
Ifthe Director deems it necessary, he/she recommends to the City Manager that the City implement
adulticiding operations. The decision ofwhether or not the City will apply adulticides resides with
the City Manager.
If the City Manager decides to proceed, City adulticide operations are based on the following
protocols:
• Adulticiding is targeted to areas where trapping and testing data indicate high levels of
infected Culex mosquitoes.
• The City uses truck -based adulticide applications, not aerial applications.
• Public notice ofadulticiding operations isprovided through a number ofchannels, including
subscription notification services and reverse 9-1-1.
• The City does not spray near individuals who are registered with the State of Colorado as
being chemically sensitive. There are currently 10 local residents on the State Pesticide
Sensitive Registry.
• The City does not allow individual members of the public to "opt out" of the spraying
program. People were permitted to opt out in 2003, but this practice was later discontinued
because it reduces the efficacy of adult mosquito control.
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Adopting the West Nile Virus Management Policy
Two separate versions of the West Nile Virus Management Policy and corresponding resolution are
being presented for Council consideration. Each version includes a broad -based policy with the
goal of reducing the risk of human West Nile virus infection while limiting adverse human health
and environmental impacts. The two versions differ in their approach to adulticiding.
At the June 10, 2008 worksession Council was presented with four options for adulticiding, labeled
Option A, B, C and D. Council directed staff to bring Options B and C forward for further
consideration. Option B states that adulticiding is considered only as an emergency response to
demonstrated increases in West Nile virus risk and the recommendation comes from the Director
of the Larimer County Department of Health and Environment. It also clarifies that the final
decision of whether or not to adulticide remains with the City Manager. Option C is the same as
Option B with one difference: Option C adds a review by a City Manager -appointed three person
advisory panel.
Attachment I discusses the role of the proposed West Nile virus advisory panel (Option C) in more
detail. While Option Cis not the first choice ofevery member ofthe Technical Advisory Committee,
all agreed that Option C would be an acceptable alternative, with the caveat that the finds needed
for adulticiding should be included in the ongoing budget in future years.
Council, staff and citizens have invested a great deal of time studying and discussing the City's
response to the threat of West Nile virus. A memorandum summarizing several follow-up items from
the June 10, 2008 work session on this topic, and responses to Council questions, is included as
Attachment 2.
In closing, staff would like to again recognize and thank the members of the Technical Advisory
Committee for the many hours of study and discussion they have devoted to this analysis. Our
community has benefited greatly f •om their expertise, and we are grateful for their many
contributions to this important issue. "
Wendy Williams, Assistant City Manager, stated 2003 was the first year the West Nile virus was
detected in Fort Collins and a policy was developed that was intended to manage the spread of the
disease and focus on prevention. The current Policy attempts to reduce the infection rate in a way
that minimizes the impacts on human health and the environment. The Policy focuses on public
education, mosquito surveillance, trapping, testing and larval control. Some adulticiding has
occurred related to emergency response and is not done routinely. In 2007, a severe outbreak
occurred and adulticiding did occur. As a result, Council directed the City Manager to establish an
advisory group to examine the City's program. The group reviewed the City's practices and the
literature available on West Nile Virus.
Tess Heffernan, Policy and Project Manager, discussed the program recommendations are proposed,
based on the direction received from Council at work sessions and the research done by the technical
advisory group. One recommendation is to formally adopt a written policy that clearly defines the
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program elements and clarifies that the City Manager oversees the operation of the program.
Another recommendation is to devote additional resources to public education. One set of
recommendations provides oversight so all the operations are not the responsibility of a single
contractor. An additional seasonal staff, independent of the contractor, should be added to conduct
quality control operations to test the results of larviciding and adulticiding. A separate contractor
should be retained to adulticide. This recommendation cannot be implemented this year as there are
only three licensed contractors that can adulticide and two of those contractors have stated they do
not have the capability to treat Fort Collins. The third is the current contractor. Independent testing
on mosquito samples should be continued. The Center for Disease Control has done mosquito
testing, free of charge, for the City since 2003, but that service will no longer be offered after this
year. Another recommendation is to conduct research so the source of infected mosquitoes can be
better understood to aid in larviciding. The City Code should be amended to include stagnant water
that creates a potential habitat for mosquito breeding in the definition of a public nuisance. A survey
should be conducted to examine current public awareness and opinions about West Nile Virus and
adulticiding. An ongoing technical advisory committee should be appointed to annually review the
prior season so the efficacy of the program continues to improve. The current design of the
surveillance program and trapping grid has been documented by Colorado Mosquito Control, the
contractor, at the recommendation of the advisory group. Another recommendation is to change the
policy on adulticiding to include an additional level of review by a West Nile Virus advisory panel.
The technical advisory committee has reviewed literature and research and spoken with outside
experts on adulticiding to develop a policy that balances the human health risks from West Nile
Virus and the human and ecological health risks from the pesticides to reduce the adult mosquito
populations. The decision to apply adulticides is made by the City Manager after the Larimer County
Department of Health and Environment recommends implementing adulticide operations.
Adulticiding is done by fogging trucks driving city streets and trails and targets only those areas
where there are high levels of Culex mosquitoes. The public is notified but individuals do not have
the option of "opting out" of the spraying operation. The City does not spray near residents listed
on the State Pesticide Sensitive Registry. The City has a process to avoid any pesticide application
within 300-400 feet of the property of those residents on the Registry.
Mike Calhoon, Parks Crew Chief, stated wind speed and direction is taken into account when
spraying near those listed on the Registry. Spraying is done at night.
Heffernan stated two options of the West Nile Management Policy are presented to Council for its
consideration. Both options include the goal ofreducing the risk of human West Nile Virus infection
while limiting adverse human health and environmental impacts and focus on public education,
ongoing mosquito monitoring and testing, aggressive larval control, periodic program evaluation
and, when needed, adulticiding as an emergency response to an elevated risk. Option B includes a
recommendation for adulticiding that comes from the Larimer County Department of Health and
Environment. In Option C, the recommendation for adulticiding comes from the Larimer County
DHE and adds a review of that recommendation by a 3-person, City appointed, advisory committee.
The final decision to adulticide rests with the City Manager in both options.
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Vivian Armendariz, 820 Merganser Drive, supported spraying mosquitoes to control West Nile
Virus.
Yvonne -Ruth Longacre, 1550 Blue Spruce Drive, asked what pesticide is used in adulticiding.
Kevin Cross, 300 Peterson, did not support either option of the Policy as both authorize spraying of
adult mosquitoes. The pesticide is a known carcinogen and is toxic to fish and beneficial insects.
All citizens should be given the option to opt out of the spraying program.
Greg McMaster, 1409 Skyline Drive, Air Quality Advisory Board vice -chair, stated the Board
recommends Council adopt Option C, give consideration to allowing citizens to opt out of the
adulticiding program and reevaluate the West Nile Virus Policy as new information and technology
emerges.
William Grush, 6332 Westchase Road, stated individuals should not be allowed to prevent spraying
in entire neighborhoods. He did not support an opt out option from a spraying program.
Randy Marshall, 6239 Westchase Road, did not support an opt out option from a spraying program.
Clint Skutchan, 719 Great Plains Court, Executive Director of the Larimer County Medical Society,
stated the Society supports spraying of adult mosquitoes to reduce the number of human West Nile
Virus cases in the area and using an advisory panel to review any recommendation from Larimer
County Department of Health to spray adult mosquitoes. The advisory panel should include medical
professional who would review the recommendation from the public health perspective.
Nancy York, 130 South Whitcomb, supported spraying only in specific areas where the greatest
number of infected mosquitoes are located and allowing people to opt out of any spraying program.
Councilmember Poppaw asked how long the permethrin stays on yards and outside equipment. Dr.
Chet Moore, West Nile Technical Advisory Committee member, stated the length of time before
permethrin breaks down depends on where it is and how it is applied. Ultra -low volumes are used
for mosquito control and it dissipates quickly, within 24 to 36 hours. If the insecticide is bonded into
the soil or in sediment in a water body, breakdown is quite slow.
Councilmember Troxell stated natural permethrins exist in the environment and asked what is a
person's daily exposure to permethrins without any spraying. Dr. Moore stated the relative amount
of permethrin exposure that comes from mosquito control operations is very small compared to
exposure to permethrins in food or in lawn and garden applications. Organic crop production uses
natural permethrins. Agriculture applications of permethrin run 20-40 times higher than the amount
of permethrin used for mosquito control. Large volumes of water containing permethrin are applied
in agricultural settings which puts a large amount of water -based material that binds to the crop.
When used for mosquito control, permethrin is fractured into tiny droplets that drift through the air
and is used in ultra -low volumes so the concentration is considerably less.
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Councilmember Roy asked how a person might ingest permethrin from spraying and how long it
would last in the body. Dr. Moore stated a person involved in activities outside while spraying is
occurring could inhale permethrin or have contact through their skin but they would probably not
come in contact with the pesticide if they were inside with the windows closed. Dr. Adrienne
LeBailey, Director of Larimer County Department of Health and Environment, stated the body
breaks permethrin down into less toxic metabolites very rapidly.
Councilmember Roy requested information from a toxicologist about how long permethrin lasts in
a human body. He asked if homeowner associations had also applied pesticides and if the City
would spray in those same areas and what the dosage would be with a private application. Heffernan
stated some neighborhoods do spray to control nuisance mosquitoes and not for disease control.
Two of the three licensed contractors in the City have stated they would not spray a homeowner
association area if they knew the City would be spraying. There is no guarantee that spraying would
not be duplicated. Calhoon stated any application in an HOA would be restricted by the label rate,
which is the same dosage the City's contractor uses. The contractor must be licensed to apply the
pesticide application.
Councilmember Brown asked what would qualify someone to register with the State Chemical
Sensitivity Registry. Calhoon stated the application for the Registry is through the Colorado
Department of Agriculture and requires documentation from a physician that a chemical sensitivity
exists. It is an extensive application.
Councilmember Brown asked if allowing people to opt out would negate the benefits of spraying
across the city. Dr. Moore stated allowing areas not to be sprayed creates holes where infected
mosquitoes could exist. Those mosquitoes could then fly to other areas and continue transmitting
the virus. An opt out option would make the spraying program less effective.
Councilmember Poppaw asked if spraying only specific areas and not the entire city would create
the same effect as allowing people to opt out since mosquitoes could move to another area. Dr.
Moore stated the surveillance and testing program should map where there is much virus activity.
Adulticiding is used to eliminate virus -infected mosquitoes by targeting the area that has the largest
concentration of infected female mosquitoes bit the intent is not to kill all mosquitoes. An area with
a large population of Culex mosquitoes that are not infected with West Nile virus would not need
to be sprayed; however, those mosquitoes could move to another area and be a problem later.
Allowing people to opt out of a spraying program creates many small holes scattered through the
community whereas the strategy of spraying certain areas that have high populations of infected
mosquitoes will cover a large area, approximately one-fourth of the area of the city.
Councilmember Brown stated one house in the Westchase neighborhood was listed on the Registry
and he asked why the remainder of the neighborhood outside of the 300 foot buffer was not sprayed
in 2007. He asked if there was an option for someone to ground spray an area around a home listed
on the Registry. Calhoon stated in 2007, the wind speed changed the night the application was
sprayed after the truck had passed the Westchase neighborhood. The trucks doing the spraying
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operation keep moving on their routes and typically do not backtrack. The ultra -low application
process used for spraying is not designed for hand -application.
Councilmember Brown asked if the current population of mosquitoes contained many Culex
mosquitoes. Calhoon stated the Culex population was low at the moment, but will increase as the
Poudre River levels drop.
Councilmember Brown asked for the time frame for spraying, once Larimer County DHE
recommends that action and how quickly would the advisory panel give its recommendation to the
City Manager. Heffernan stated the City needs to spray within 24 hours of the recommendation so
the advisory panel would need to give its recommendation within that time.
Councilmember Ohlson asked what was the size of the buffer around a chemically -sensitive home.
Calhoon stated the size of the buffer depends on wind speed and direction as the intent is to not
allow any spray to drift onto the excluded property.
Councilmember Ohlson stated citizens need to be informed if they live in an area that was not
sprayed due to the presence of a chemically -sensitive property and asked if this information would
be provided as those citizens need to take greater precautions. Calhoon stated notification was not
given last year to those households located in a zone that was not sprayed. Heffernan stated one
suggestion given to provide this information is to send a letter early in the mosquito season to
households in close vicinity to a home on the Registry, stating those households would not be in the
spraying zone.
Councilmember Manvel asked what percentage of streets were sprayed in 2007. Calhoon stated the
entire city was sprayed in July 2007. In August, a smaller section in the northeast section of the city
was sprayed. The data gathered from the monitoring stations determines what areas need to be
sprayed.
Councilmember Manvel stated the State's Chemical Sensitive Registry specifically states it does not
pertain to mosquito spraying. Calhoon stated the Registry excludes the public health application to
prevent the creation of holes in a spraying application done for public health reasons and limit the
efficacy of the application.
Councilmember Poppaw asked if a certain number of homes in an area could opt out of the spraying
program without affecting the efficacy of the program. Calhoon stated an opt out option needs to
contain parameters that would limit the distance from the property opted out so a mapping strategy
of spraying could be done. If the limit was a property line, the property would still be sprayed even
if the sprayer was turned off as it drove past the property. The application is designed to float in a
fog and it would get on the opted out property. A large buffer zone is created around a chemically
sensitive home to prevent the fog from landing on that property.
Councilmember Poppaw asked how many homes opted out of the spraying done in 2003. Heffernan
stated approximately 3% of homes were not sprayed in 2003.
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Councilmember Poppaw asked if using reverse 911 to notify people of spraying in their area would
include cell phone numbers and the message in Spanish and other languages. Heffernan stated the
message could be given in Spanish. Reverse 911 does not call cell phones so a large number of
people would not be notified. The City offers a registry for people who want to be notified of any
spraying in the City.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Manvel asked if a person can contract West Nile more than once and what
percentage of the people in Fort Collins have contracted West Nile. Dr. LeBailley stated it was not
clear whether a person can contract West Nile more than once. There are regional variations in the
West Nile virus that could possibly re -infect a person. More people have been infected than have
become sick as only 20-25% of people bitten and infected have signs of illness. Approximately 5%
of the population has been infected. It is unknown what the longterm affects of West Nile virus are
and even people who were infected but were asymptomatic could develop problems in the future.
Councilmember Manvel asked if the spray trucks could sound an alarm or make noise to alert
residents when they are in a neighborhood. Calhoon stated a beeper or an alarm from the truck could
be a possibility. The trucks usually begin spraying around 8:30 p.m. and run for several hours. City
Manager Atteberry stated a beeper or alarm noise late in the evening might cause complaints from
many residents so caution would be needed in using any form of alarm.
Councilmember Poppaw asked how the residue from the spray could be removed from one's
property. Dr. Roger Nasci, CDC Entomologist, stated there is no evidence that any residue from the
pesticide spray poses any significant health risk. Washing outdoor furniture and equipment with
water should be sufficient to remove residue.
Councilmember Troxell asked if more harm would be done by spraying than by not spraying. Dr.
LeBailley stated a CDC study has indicated metabolites from ultra -low volume pesticide spraying
do not linger in the human body and spraying for public health is a greater benefit than not spraying.
One study from Sacramento County published May 2008, examined the effectiveness of adulticide
spraying and showed the rate of West Nile virus disease was six times lower in the area if adulticide
spraying was done than in an area that was not sprayed. Personal responsibility plays a part in
avoiding West Nile virus as people need to use repellents or stay inside at night. The risk of spraying
is less than the risk of contracting West Nile virus and brings a public health benefit to the
community. The West Nile virus can cause encephalitis and paralysis that can impair a person for
a long time. The fever caused by the virus can have long term effects. About 75% of people infected
may not have acute symptoms that appear.
Councilmember Ohlson asked if the City sprays less than the recommended amount of pesticide and
if the City does any nuisance spraying on parks or golf courses. Calhoon stated the product label
does allow for a larger amount of pesticide to be sprayed than City chooses to use while maintaining
efficacy of the pesticide. No nuisance spraying is done on City property and a local private golf
course also does not do nuisance spraying.
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Councilmember Ohlson asked what steps were being taken to lessen the amount of permethrin in
other chemical applications on City property. City Manager Atteberry stated an assessment is being
done throughout the City to determine what chemicals are being used on City property.
Councilmember Ohlson asked what measures were in place to ensure the most up-to-date techniques
and technologies are used in the application of pesticides. Heffernan stated the science and
information surrounding adulticiding continues to improve and the technical advisory panel wants
to continue meeting on an on -going basis to review new literature and scientific findings to improve
the efficacy of the City's program. City Manager Atteberry stated periodic review of new
information is important in aiding his decision about spraying.
Councilmember Ohlson asked for information on how other communities regulate or control private
nuisance spraying of mosquitoes and how to prevent spraying by both an HOA and the City at the
same time. City Manager Atteberry noted Fort Collins is a front-runner in its policy on controlling
the West Nile virus and other communities in Colorado have contacted Fort Collins about the steps
the City has already taken. Staff would consult other communities about their policies.
Councilmember Ohlson stated prevention was an important part of lessening the risk of West Nile
virus and he asked if insect repellant could be made available to low-income households on a no -cost
or low-cost basis. Heffernan stated the Technical Advisory Committee considered ways to provide
information about repellants to the public, but did not specifically discuss providing repellants to
low-income households. Funds are included in the proposed budget for this project to allow for the
purchase of free samples to be given to the public and raise awareness of the need to use insect
repellants.
Mayor Hutchinson asked if spraying specific areas with known populations of infected Culex
mosquitoes gives protection to people in the community even if their front yard was not sprayed.
Calhoon answered in the affirmative.
Councilmember Roy asked what percentage of mosquitoes are killed in a spraying operation in a
targeted area. Heffernan stated she did not have that information.
Councilmember Manvel made a motion, seconded by Councilmember Ohlson, to adopt Resolution
2008-062, Option C.
Councilmember Manvel noted the Policy being adopted does not include the details of a spraying
operation.
Councilmember Poppaw offered a friendly amendment to the Resolution to add a "whereas clause"
above the last "whereas clause" that reads "Whereas, the City Council has determined that, in order
to accommodate persons who do not wish to have adulticides in the vicinity of their homes, the City
Manager shall include a program for receiving notification from such persons and modifying the
City's spraying program to exclude their residences as part of the implementation of the West Nile
Virus Management Policy. The amendment would also add to the West Nile Virus Management
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Policy (at the end of the next to last paragraph), the following sentence: "In any program to apply
adulticides, the City Manager will respond to requests from citizens for exclusion of their residences
from the spraying area by designing the City's spraying program to avoid spraying at or adjacent to
those residences to the extent reasonably practicable."
Councilmember Manvel did not accept the friendly amendment. The City is helping the public with
its program and is only spraying in a minimal way when necessary. Preventative measures can help
but are not foolproof in preventing mosquito bites. The City does not have many choices to combat
the spread of infected mosquitoes and spraying after the recommendation from the County is
received and reviewed by aprofessional advisory committee is an appropriate response in protecting
public health.
Councilmember Roy stated there is no body of data to indicate the long-term effects of pesticide
spraying on human health and adding more chemicals to the environment does not seem to be a wise
move. Personal responsibility is important and people need to use preventative measures in
preventing the disease. He did not support adulticide spraying in any form.
Councilmember Brown thanked the members of the advisory committee for donating their time and
expertise to develop the Policy. He requested the buffer zones around chemically sensitive
households that are excluded from spraying be tightened so more homes around the excluded
property are not excluded by default. Adoption of the resolution will aid in protecting the public
health of the residents.
Councilmember Poppaw stated it is important to many citizens to have the option to opt out of
spraying. The Air Quality Board also recommended allowing an opt -out option.
Councilmember Ohlson stated the majority of citizens wants a Policy that includes public education
and outreach, high level monitoring for a high number of infected mosquitoes, larviciding, and
adulticiding as a last resort, done in the safest possible way.
Councilmember Troxell stated the City has benefitted from the expertise available on the technical
advisory committee and the Policy that has been developed will help protect the citizens.
Councilmember Poppaw asked what citizens should do to protect themselves from being bitten by
infected mosquitoes. Adulticide spraying is not the only solution to preventing West Nile virus.
Calhoon stated adulticiding does not eliminate all mosquitoes, so there is always a risk when people
go outside. People are most vulnerable at dawn and dusk and should wear long sleeves and pants,
insect repellant or stay inside at those times. They should also remove standing water from their
property to eliminate breeding places for mosquitoes.
Mayor Hutchinson asked if the wetland located next to Westchase neighborhood was larvicided.
Calhoon answered in the affirmative.
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July 1, 2008
Mayor Hutchinson stated waiting until the benefits of spraying outweigh the risks was a wise
decision. The decision to spray will be made based on data gathered and reviewed by experts and
will be used as a last resort. Larviciding and personal responsibility are key elements of the Policy.
The vote on the motion was as follows: Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, and
Troxell. Nays: Roy.
THE MOTION CARRIED.
Ordinance No. 076, 2008,
Appropriating Funds in the Downtown Development Authority
Fund for Expenditure in Accordance with the Downtown
Plan of Development. Adonted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
The DDA Board has authorized expenditure on the purchase of the Elks Building, 140 East Oak
Street, in the amount of $2, 800, 000. The funds are currently available but require appropriation
by City Council.
EXECUTIVE SUMMARY
The Downtown DevelopmentAuthority (DDA) is asking Council to appropriate $2, 800, 000from the
Downtown DevelopmentAuthority Operations and Maintenance 2004A DDA Bond Project and the
2007A Bond Project fund for the purchase ofthe Elks building. The DDA Board has authorized the
expenditure on this project.
BACKGROUND
The Downtown Development Authority (the "DDA') was created in 1981 with the purpose,
according to State statute, of planning and implementing projects and programs within the
boundaries of the DDA. The DDA and the City adopted a Plan of Development that specifies the
projects and programs the DDA would undertake. Subsequent to that Plan, the City has adopted
the Downtown Plan and the Downtown Strategic Plan. All three documents cite the need for and
the pursuit of a downtown hotel. The Elks building will be torn down (saving and recycling as much
material as possible and minimizing the impact of local landfills) and the surface area will become
public parking in conjunction with the hotel development. While the DDA originally intended to
build a convention center on the Elks site, the hotel developer has agreed to add 7, 000 square feet
of meeting space within the hotel proper (in addition to the 5,000 square feet it has already
committed to build), The DDA intends, with City Council approval, to use the saved funds for
improvements to six alleys, the planning, design and construction of a year-round community
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July 1, 2008
market, and to ensure the DDA planned amphitheater is built to the maximum benefit of the
community. "
City Manager Atteberry stated the purchase of the Elks Building is a significant step forward for the
downtown area. The funds being used for this purchase are DDA funds and Council is required to
approve those appropriations. The Elks Building will be demolished at a later date and be converted
into a surface parking lot which would serve as a placeholder for a future use, possibly as a
convention center. Acquiring this property and using it as a parking lot instead of immediately
planning to build a convention center would allow the DDA to then focus on other priorities which
are six alley improvements, a year-round community market place, and construction of a downtown
amphitheater.
Councilmember Manvel asked why it was necessary to acquire the Elks Building now if it was not
being developed as a convention center. Matt Robenalt, DDA Project Manager, stated the proposal
is to construct the underground parking facility beneath the existing Elks Building and engineer it
so that a future convention facility could be constructed on top of the parking facility. The interim
use would be surface parking on the roof of the underground parking facility. Purchase of this
property is not providing Council approval of the proposed downtown hotel but the facility is
integral to the downtown hotel project. If the hotel project does not go forward, the DDA would still
demolish the Elks Building and use the property for parking.
Councilmember Troxell asked for the length of time to construct the parking lot after the Elks
Building was demolished and if the parking facility would be landscaped. Robenault stated the
parking facility would be landscaped to the standards of the downtown zoning district. Once the
Building was demolished, the project would probably be on hold until the hotel developer began
construction on the overall site. The property would be fenced and gravelled during the interim time.
City Manager Atteberry stated the site would not sit vacant for a long period of time. There is a
development process for surface parking lots, including landscaping, curbs, guttering and pedestrian
access, that needs to be followed.
Councilmember Troxell stated most of the Building was destroyed in an explosion in the 1970s and
he asked if there were historical or architectural aspects of the old building that were retained that
should be taken into account before the Building is demolished. Joe Frank, Advance Planning
Director, stated the explosion was mainly on College Avenue and did not cause much damage to the
Elks Building. There are not any historical or architectural parts to the Building that need to be
retained. The DDA has committed to deconstructing the Building and recycling those materials.
City Manager Atteberry noted if the Building was acquired and left standing, it would need
significant remodeling to make it useful to lease and generate revenues.
Councilmember Troxell asked if the $2.8 million included the cost of demolition. City Manager
Atteberry stated that was only the cost to purchase the property. Demolition estimates have not been
received yet.
July 1, 2008
Councilmember Ohlson asked if purchasing the Elks Building at this point before the work session
scheduled on the downtown hotel was appropriate. City Manager Atteberry stated the closing date
for the sale of the Elks Building is set for August 22. If Council does not indicate its support for the
downtown hotel after the work session on July 22, it could decide not to proceed with the purchase.
The DDA Board might choose to continue with the purchase of this property, even if the downtown
hotel development does not proceed, as the property could be developed for structured parking or
other public/private partnerships with mixed -use development. Robenault stated the DDA Board
would probably be interested in acquiring the property even if the hotel development does not
proceed. While the Council consideration of this purchase might premature as it comes before the
work session scheduled for July 22, the closing date for the sale was set to allow for other real estate
transactions by the Elks are scheduled to occur and the approval of the appropriation is needed
before the closing date.
Councilmember Poppaw asked if the Elks would be renting the building for six months after the sale
is completed. Robenault stated the sales agreement allows the Elks to stay in the building for up to
six months and they would pay all the standard lessee fees such as utilities and insurance.
Councilmember Troxell asked if the $2.8 million is currently available for this purchase and for an
explanation of the request of the DDA for the issuance of City of Fort Collins taxable -subordinate
tax increment revenue bonds in 2008 to fund project commitments. Robenault stated the DDA
makes commitments to projects and does not release funds until projects are completed. Bonds are
issued in anticipation of completion of those projects. The request for the issuance of these bonds
will come from the DDA Board to Council in September and will be used to cover debt for projects
the DDA has committed to over the past year.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2008-076. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Brown reminded citizens to remember those serving in the military around the
world while they are celebrating the Fourth of July.
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn the meeting
to the conclusion of the Council work session on July 8, 2008 for the purpose of considering a
possible executive session. Yeas: Brown, Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell.
Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 10:00 p.m.
FROMMn
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City Clerk
Adjourum
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July 1, 2008