HomeMy WebLinkAboutMINUTES-12/01/2009-RegularDecember 1, 2009
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 1,
2009, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered bythe following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy,
and Troxell.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Eric Sutherland, 631 LaPorte Avenue, expressed concern regarding the City's loan of $5.3 million
to a private company in the form of tax increment financing for RMI2. He suggested that more
scrutiny should have been given to the decision.
Vivian Armendariz, 820 Merganser Drive, expressed concern over a no-show letter she had received
from City staff regarding Dial -A -Ride. She commended Poudre Fire Authority for assistance she
received in the last year.
Lloyd Walker, 1756 Concord Drive, commended Council for action taken to preserve single family
neighborhoods, including fully funding Code Enforcement Staff and continuing to enforce the
Occupancy Ordinance. He encouraged Council to implement a program of rental licensing for
properties in single family neighborhoods which would allow penalties for frequent violations.
Eric Kronwall, 1613 Bamwood Drive, expressed concern regarding the Occupancy Ordinance and
enforcement thereof.
Stacy Lynne, 216 Park Street, expressed concern about the City's involvement with the International
Council for Local Environmental Initiatives (ICLEI) and the BE LOCAL program.
Citizen Participation Follow-up
Mayor Hutchinson stated the City of Fort Collins does not currently belong to ICLEI.
Ap-enda Review
Deputy City Manager Jones stated there were no changes to the published agenda.
27
December 1, 2009
Eric Sutherland, 631 LaPorte Avenue, withdrew Item #11, First Reading of Ordinance No. 131,
2009, Amending Chapter 8, Article I of the City Code to Establish the Budget Term for the City and
Item #18, Resolution 2009-110 Modifying the Schedule for Council Consideration of the Proposed
Pilot Trash and Recycling Services District.
Stacy Lynne, 216 Park Street, withdrew Item #12, First Reading of Ordinance No. 132, 2009,
Amending Chapter 14 of the City Code by Replacing References to the Department of Advance
Planning and the Director ofAdvance Planning to the Department of Community Development and
Neighborhood Services and the Director of Community Development and Neighborhood Services.
CONSENT CALENDAR
Consideration and Approval of the Minutes of the October 20, 2009 Regular Meeting and
the October 27, 2009 Adjourned Meeting.
Second Reading of Ordinance No. 126, 2009, Appropriating Prior Year Reserves in the
General Employees' Retirement Plan.
The City Council created the General Employees' Retirement Plan in 1971 to provide a
retirement benefit in addition to the Social Security system. The plan has an allowance for
election of single -sum payments by the members. The Plan has distributed over $1.5 million
in single -sum payments to seven Plan members through the end of October 2009. This
amount was greater then what was budgeted at the beginning of 2009 and is the primary
reason for this appropriation. This Ordinance, unanimously adopted on First Reading on
November 17, 2009, appropriates $1,200,000 from prior year reserves in the trust fund.
8. Second Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County
of Portions of the Fossil Creek Reservoir Property Leased by the City from North Poudre
Irrigation Company.
This Ordinance, unanimously adopted on First Reading on November 17, 2009, authorizes
a new sublease between the City and County will allow the County the ability to continue
enforcing County regulations on the south shore of the Fossil Creek Reservoir.
9. Second Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary
Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the
Fossil Creek Restoration Project.
The Larimer County Engineering Department is working on the Fossil Creek Restoration
Project, designed to restore a portion of the existing Fossil Creek Channel. In 1972,
approximately 1,300 feet of Fossil Creek was shifted to its current location in order to
facilitate the operation of the Landfill. The current location of the Channel is on the Larimer
County Landfill property, just south of the boundary of Cathy Fromme Prairie Natural Area.
This section of Fossil Creek has eroded downward as much as 12 feet and is beginning to
December 1, 2009
widen due to continued erosion. This erosive process now threatens an adjacent existing
sewer main and the Landfill liner. To prevent the failure of the sewer main and the Landfill
liner, Larimer County is proposing to move Fossil Creek back into a historic channel located
on Cathy Fromme Prairie Natural Area. This Ordinance, unanimously adopted on First
Reading on November 17, 2009, authorizes a temporary construction easement on Cathy
Fromme Prairie to accomplish this action.
10. Items Relating to the New Museum/Discovery Science Center Joint Facility.
A. Resolution 2009-105 Authorizing a Grant Agreement with the State of Colorado,
Department of Local Affairs, to Receive Grant Funds for the Environmental Cleanup
and Site Improvements Portion of the Fort Collins Museum and Discovery Science
Center Joint Facility Project.
B. Resolution 2009-106 Authorizing a Grant Agreement with the Colorado Housing and
Finance Authority, to Receive Grant Funds for the Environmental Cleanup Portion
of the Fort Collins Museum and Discovery Science Center Joint Facility Project.
C. First Reading of Ordinance No. 130, 2009, Appropriating Unanticipated Revenue in
the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center
Joint Facility Project.
The State of Colorado, Department of Local Affairs, Energy and Mineral Assistance
Program awarded the City of Fort Collins $200,000 toward the environmental cleanup and
site improvements for the Fort Collins Museum and Discovery Science Center Joint Facility.
Additionally, the City received a Brownfields grant award of $200,000 from the Colorado
Housing and Finance Authority toward environmental site cleanup.
A commitment of $3,000,000 was received from the Downtown Development Authority, in
support of the new Fort Collins Museum and Discovery Science Center Joint Facility.
11. First Reading of Ordinance No. 131, 2009, Amending Chapter 8, Article I of the City Code
to Establish the Budget Term for the City.
This Ordinance changes the next two-year budget term and all future two-year terms of the
City budget. The City Council has just adopted the 2010-2011 City budget. With the
approval of this Ordinance, the next budget term will be 2011-2012 and future two-year
budget terms will begin in the odd -numbered years. The Budget process will take place in
the even -numbered years.
12. First Reading of Ordinance No. 132, 2009, Amending Chapter 14 of the City Code by
Replacing References to the Department of Advance Planning and the Director of Advance
Planning to the Department of Community Development and Neighborhood Services and
the Director of Community Development and Neighborhood Services.
RES
December 1, 2009
This Ordinance amends Chapter 14 of the City Code to replace references to the Department
of Advance Planning and Director of Advance Planning to the Department of Community
Development and Neighborhood Services and the Director of Community Development and
Neighborhood Services.
13. First Reading of Ordinance No. 133, 2009, Vacating a Portion of the Harmony Road Right -
of -Way as Originally Dedicated by the Larimer County Road Viewers Report.,
With the realignment of West Harmony Road between Regency Drive and Taft Hill Road,
this portion of the "Old" Harmony Road right-of-way was left over as an unused section of
right-of-way, adjacent to the Harmony Ridge Subdivision. The property has remained
unused since the realignment of Harmony Road and has been maintained by the City, with
no future intended use. The Harmony Ridge Subdivision Home Owners Association (HOA)
has requested this section of unused right-of-way be vacated back to Harmony Ridge for the
purpose of landscape improvements by the Harmony Ridge HOA. Once vacated, the
Harmony Ridge HOA will accept all responsibility for maintenance of the property and all
improvements to the property will be governed by the City Land Use Code requirements.
A blanket utility easement will be reserved for maintenance of existing utilities.
14. First Reading of Ordinance No. 134 2009, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the
Mason Corridor Bus Rapid Transit Project (Phase Three).
The Mason Express ("MAX"), bus rapid transit project is currently within the right-of-way
acquisition phase of the project. Project acquisitions have been broken into four phases, with
the possibility of additional phases as needed. This Ordinance pertains to the third phase
(Phase Three) and consists of six distinct property ownerships. Phases I and II were
previously adopted by City Council earlier this year, and acquisitions for these phases are
currently underway.
As a federally funded transportation project, acquisitions will conform to the provisions of
the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as
amended (Public Law 91-646). In accordance with this act, property owners must be
informed about the possible use of eminent domain and their rights pursuant to Colorado
State Statute in the official Notice -of -Interest Letter. Authorization from City Council is
needed prior to sending this information to property owners. This letter is the first official
step in the acquisition phase, which must occur prior to the appraisals. Given the
recommended construction schedule for the Project and the fact that acquisitions must be
conducted under procedures for federally funded projects, timely acquisition of the property
interests is necessary. Therefore, staff requests authorization to utilize eminent domain for
the MAX Project, if necessary, and only if good faith negotiations break down.
K91
December 1, 2009
15. Resolution 2009-107, Supporting the Grant Application for a Local Parks and Outdoor
Recreation Special Opportunity Grant from the State Board of Great Outdoors Colorado for
the Fossil Creek Trail at County Road 38-E.
Park Planning and Development is currently applying for a $500,000 Great Outdoors
Colorado Local Parks and Outdoor Recreation Special Opportunity Grant. Accordingly,
staff is preparing an application for the Fossil Creek Trail at County Road 38-E project for
this special grant cycle.
As part of the application process, Great Outdoors Colorado requires a resolution which
indicates the City's support for the project, verifying matching funds are appropriated, the
land for the project is City owned by easement or title, the project will be maintained in a
high quality condition, and the City has completed similar grant sponsored projects.
16. Resolution 2009-108 Approving a Collective Bargaining Agreement with the Fraternal
Order of Police.
The City and the Fraternal Order of Police ("FOP") entered into a collective bargaining
agreement for 2008 and 2009, which agreement will expire on December 31, 2009. City
staff and the FOP have tentatively reached an agreement which addresses the terms and
conditions of employment of the members of the bargaining unit for 2010 and 2011. The
tentative agreement was ratified by a vote of the FOP membership on November 14, 2009.
17. Resolution 2009-109 Approving a Securities Lending Program as Part of the City's
Investment Policy.
The proposed revision to the 2008 Updated Investment Policy includes the following
significant changes:
Allows for an increase in the allocation amount ofAgency Security investments from
80 percent to 90 percent. This change will allow the City to maximize investment
returns while minimizing investment risk.
2. Accepts the Securities Lending amendment document that was created jointly by
Wells Fargo Bank and the City of Fort Collins to specify the investment options that
may be utilized in the Securities Lending program. The amendment aligns with state
statute and is specific to the City of Fort Collins.
18. Resolution 2009-110 Modifying the Schedule for Council Consideration of the Proposed
Pilot Trash and Recycling Services District.
In July 2009, City Council adopted a Resolution which directed staff to issue a Request for
Proposals (RFP) for a Trash Services Pilot District. Within that Resolution, Council directed
staff to report to City Council on the outcome of the RFP process no later than December
31
December 1, 2009
1, 2009. Ongoing contract negotiations regarding an agreement with a Service Provider
have caused the City Council to postpone both a planned Public Hearing and the First
Reading of enabling legislation to establish a Pilot District. This delay necessitates the
rescheduling of Council's review of the proposal.
The purpose of this Resolution is to formally postpone staff s report to Council until no later
than February 16, 2010.
19. First Reading of Ordinance No. 135, 2009, Appropriating Prior Years Reserves in the
Capital Projects Fund and Authorizing the Transfer of Appropriated Amounts Between
Funds for a Commercial Redevelopment Study for the Midtown Commercial Corridor Area.
Council directed staff to prepare a redevelopment study for the Midtown Commercial
Corridor at the June 9, 2009 Work Session. Staff solicited requests for proposal, resulting
in 18 responses from across the nation. Five finalists were interviewed by a selection
committee of Economic Health, Advanced Planning, and Current Planning staff. The
selection committee, using the City's purchasing process, selected a team led by ELS
Architecture and Urban Design, supported by Economic and Planning Systems and Warren
Wilson. The Ordinance appropriates residual funds from the capital project fund prior year
reserves to cover the cost of the Study and provide additional funds for implementation work
20. Routine Easement.
Non-exclusive permanent easement agreement from the Board of Governors of the CSU
System, to install above grade switch, located at Pitkin and Shields Streets. Monetary
consideration: $1500.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel,
Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 126, 2009, Appropriating Prior Year Reserves in the
General Employees' Retirement Plan.
8. Second Reading of Ordinance No. 127, 2009, Authorizing the Sublease to Larimer County
of Portions of the Fossil Creek Reservoir Property Leased by the City from North Poudre
Irrigation Company.
32
December 1, 2009
9. Second Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary
Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the
Fossil Creek Restoration Project,
24. Second Reading of Ordinance No. 128, 2009, Imposing a Moratorium on the Acceptance
and Processing of Applications for the Issuance of Licenses or Permits Related to Businesses
That Seek to Dispense Medical Marijuana and on the Establishment or Operation of Any
Such New Businesses in the City.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 130, 2009, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Joint Facility
Proj ect.
11. First Reading of Ordinance No. 131, 2009, Amending Chapter 8, Article I of the City Code
to Establish the Budget Term for the City.
12. First Reading of Ordinance No. 132, 2009, Amending Chapter 14 of the City Code by
Replacing References to the Department of Advance Planning and the Director of Advance
Planning to the Department of Community Development and Neighborhood Services and
the Director of Community Development and Neighborhood Services.
13. First Reading of Ordinance No. 133, 2009, Vacating a Portion of the Harmony Road Right -
of -Way as Originally Dedicated by the Larimer County Road Viewers Report.
14. First Reading of Ordinance No. 134, 2009, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the
Mason Corridor Bus Rapid Transit Project (Phase Three).
Staff Reports
Deputy City Manager Jones stated the Poudre Emergency Communications Center received
international recognition for being accredited as an Emergency Medical Dispatch Center of
Excellence from the National Academies of Emergency Dispatch.
Deputy City Manager Jones stated the City's water treatment and reclamation facilities have been
honored for statewide environmental leadership.
33
December 1. 2009
Ordinance No. 128, 2009,
Imposing a Moratorium on the Acceptance and Processing of Applications
For the Issuance of Licenses or Permits Related to Businesses that Seek to
Dispense Medical Marijuana and on the Establishment or
Operation of a Any Such New Businesses in the City Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, which was presented for Council's consideration on November 17, 2009, as an
emergency measure, was instead approved by Council on First Reading. Council also amended the
Ordinance so that, if approved on Second Reading, it will impose a moratorium on new medical
marijuana dispensaries for approximately three months rather than ten months. At the end of the
Council discussion, staff was invited to inform the Council as to whether, in staff's opinion, a
moratorium is still advisable and, if so, what the length of the moratorium should be.
BA CKGRO UND/DISCUSSION
Staffdoes believe that a moratorium is still advisable. On Second Reading, staff is recommending
the following changes to the Ordinance:
1. Instead of imposing a ten-month moratorium, the moratorium will be in place from
the effective date of the ordinance, December 11, 2009, through March 31, 2010.
While this is more than three months, staff believes that extending the moratorium
beyond the second Council meeting in March will allow for better processing of the
proposed regulations that staff will be bringing forward. That process will include
development of the regulations, review of any Land Use Code changes with the
Planning and Zoning Board, review of the draft regulations with the Council in a
work session, and public outreach.
2. The Ordinance no longerprovides for a case -by -case review ofapplications forsales
tax license application for MMDs that are pending on December 11. When the
Ordinance was presented as an emergency measure, that review was intended to
allow applicants additional time to have their applications processed after adoption
of the Ordinance if they had made substantial, nonrevocable, good faith investments
in real or personal property based upon the expectation that they would be able to
obtain a sales tax license for an MMD. Since Council decided not to adopt a
moratorium on MMDs on an emergency basis, staff believes that those members of
the public who are interested in establishing a new MMD will have had ample
opportunity to apply for and obtain a sales tax license by the time this Ordinance
takes effect. Therefore, under the Ordinance as presented on Second Reading, only
those MMDs that have actually had a sales tax licenses issued by December 11,
34
December 1, 2009
2009, that date and that conform to all existing zoning requirements will be allowed
to operate during the moratorium.
3. The declaration of emergency has been removed. The risks that the businesses
present to the City, which are listed in Section 2 of the ordinance, are now recited
in support the imposition of a moratorium rather than in support of a declaration of
emergency. Those risks, which were previously listed in one of the "whereas "
clauses of the Ordinance as well as in Section 2, have been consolidated and now
appear just in Section 2.
4. A new section has been added directing the City Manager and City Attorney to
present proposed regulations to Council for its formal consideration no later than
the March 2, 2010 Council meeting.
5. Minor wording changes have been made and some sections have been renumbered
or relocated.
Preliminary Schedule/Workplan:
The following is a preliminary outline of action items and schedule for completing the review of
potential regulations and enacting regulations by the time the moratorium expires on March 31,
2010.
December 2009
research; draft regulation concepts
January2010
outreach (focus groups or a community meeting; modify regulation concepts
based on feedback and draft ordinance
February 9, 2010
Council Work Session
February 18, 2010
Planning and Zoning Review
March 2, 2010
First Reading of Regulating Ordinance
March 16, 2010
Second Reading of Regulating Ordinance
March 26, 2010
Ordinance and Regulations take effect
All other provisions of the Ordinance remain the same as on First Reading. "
Deputy City Manager Jones stated the original ordinance was presented to Council on November
17, 2009, as an emergency measure. At that time, the Council placed a moratorium on any new
medical marijuana dispensaries for approximately three months. Staff recommended the
moratorium continue and be in effect from December 11, 2009 through March 31, 2010.
Steve Dush, Community Development and Neighborhood Services Director, stated this is a non -
emergency ordinance and there is no longer a provision in the ordinance for a case -by -case review.
There is a new section directing the City Manager and the City Attorney to present an ordinance on
or before March 31, 2010. Dush stated a total of 58 licenses have been issued and 19 are pending,
for a total of 77 applications. The moratorium will allow all of the existing dispensaries to operate
35
December 1, 2009
as they are, with a sales tax license, and in compliance with all other requirements and will allow
the City to consider land use and traffic impacts. The ordinance prevents the acceptance and
processing of licenses and permits for additional dispensaries from December 11, 2009 through
March 31, 2010 and prevents licenses and permits that have been issued from being amended.
Lisa Gomez, 1303 Poppy Court, asked what types of businesses would be regulated by the
moratorium.
Evan Stafford, 417 East Plum, opposed the moratorium and supported regulation of medical
marijuana dispensaries in terms of zoning and licensing.
Timothy Tipton, Cannabis Therapy Institute, Boulder, Colorado, opposed the moratorium and its
provision preventing amendments to existing licenses and permits.
Monte Barry, 415 South Howes, supported regulation but opposed the moratorium.
Shane Miller, 4325 Mill Creek, spoke regarding personal experience with medicinal marijuana and
stated the moratorium would artificially restrict the supply of the drug which has been approved by
voters.
Stacy Lynne, 216 Park Street, stated ICLEI has been present in Fort Collins since 1999. She asked
about the section of the ordinance regarding "good moral character" and asked who would be
responsible for making the judgment as to who meets those criteria.
Eric Kronwall, 1613 Barnwood Drive, supported the moratorium and cited previous examples of
moratoria in the City.
Philip Hales, 220 Fishback Avenue, suggested cannabis be of low law enforcement priority or be
de -criminalized and stated the moratorium is stifling free enterprise. He suggested the sales tax
gained from the dispensaries will likely boost the City's coffers.
Ian Leverette, 2649 Dunbar Avenue, discussed the difference between wholesale and retail licenses
for medical marijuana dispensaries and asked the City to take into consideration marijuana growers
who grow organically.
Alfred Reaud, 1104 Columbine Court, sated he is a medical marijuana patient and asked Council
to consider regulating medical marijuana dispensaries as apothecaries rather than pharmacies or
liquor stores. He supported regulation but expressed concern about over -regulation.
Travis Cutbirth, Medicinal Gardens of Colorado, 420 Howes Street, stated he is a dispensary co-
owner and discussed the difference between medical cannabis and other substances, noting there is
still a large black market for cannabis. He encouraged Council to consider the character of the
persons operating dispensaries. He noted that criminal enterprises are a concern and supported some
type of moratorium.
36
December 1, 2009
Tim Gordon, Medicinal Gardens of Colorado, 420 Howes Street, stated he is a co-owner of
Medicinal Gardens of Colorado and expressed concerns over the length of the moratorium. He
encouraged regulation of dispensary owners.
Ken Libby stated he represented Nature's Medicine, a dispensary in Loveland. He encouraged
regulation but asked that patients be able to seek counseling from their dispensaries.
Mayor Hutchinson re -iterated that this ordinance is simply to consider a moratorium on issuing new
licenses and it would not affect existing dispensaries.
Councilmember Manvel noted the definition of a medical marijuana dispensary is given in the
ordinance and asked how a dispensary which does not sell products, but rather just distributes, could
be required to have a sales tax license.
City Attorney Roy clarified the entities which have been issued a sales tax license up to this point
and are lawful will be able to continue operations during the moratorium.
Councilmember Manvel asked why the ordinance made an exception for properties or structures
used by an individual primary care giver to provide to a single patient.
City Attorney Roy replied the ordinance was not meant to be overly broad. By creating that
exception, we would not be allowing room for the type of harm we are trying to prevent during the
period of the moratorium.
Jerry Schiager, Police Lieutenant, stated the ordinance was not meant to include small, primary care
giver situations but only more retail -oriented operations.
Councilmember Manvel asked if individuals growing medical marijuana for themselves, or as a
primary care giver, would be required to get a license because they aren't selling.
Schiager replied they would not need to get a license because there would be no sale and therefore
no sales tax implications.
Councilmember Manvel asked if those individuals would still need to go through the state procedure
to register as medical marijuana growers.
Schiager replied caregivers are not registered in that way, but rather, the patient registers and
designates a caregiver at that time.
Councilmember Manvel asked if individuals who are growing medical marijuana for friends or
family, but not selling it to them, would be required to get a sales tax license.
City Attorney Roy replied he would need to look at the sales tax code to determine what level of
sales triggers the obligation to collect sales tax. However, someone who is not selling is not subject
to sales tax collection. If individuals engage in distributing marijuana, under the auspices of
December 1, 2009
Amendment 20, this moratorium will apply in that their businesses cannot be established or operated
during the period of the moratorium.
Councilmember Manvel asked if individuals who already have a sales tax license for some other
purpose, and are located in an approved zone for dispensaries, could begin selling medical
marijuana.
City Attorney Roy replied pre-existing sales tax applications that did not mention marijuana or
licenses that were not issued to businesses that intended to sell marijuana can continue to operate.
He asked Lisa Gomez to clarify her question relating to the parties affected by the moratorium.
Ms. Gomez asked if the moratorium applies to individuals who are not having a transaction with a
patient, noting that not every caregiver is a grower and not every grower is technically a caregiver.
City Attorney Roy replied any entity or person that is using a property for the purpose of selling or
distributing marijuana under the protection of Amendment 20 is intended to be covered by the
moratorium. If individuals cannot claim to be primary caregivers, they may not be protected under
Amendment 20.
Mayor Hutchinson clarified this moratorium will simply halt the processing of new licenses and will
not affect existing operations.
Councilmember Ohlson discussed the processes that will occur during the period of the moratorium.
Deputy City Manager Jones replied that outreach is planned for affected interests, including those
in the dispensary business, other businesses, residents, law enforcement, schools, and patients. Staff
will then provide some perspective to Council.
Councilmember Ohlson asked about the "good moral character" phrase being used to describe a
requirement for individuals hoping to license a dispensary.
City Attorney Roy replied there is no existing requirement that anyone be of "good moral character"
in the context of this ordinance. There is reference to the fact that no such requirement presently
exists and that creates part of the unregulated environment which gives rise to the need for the
moratorium. The possibility exists that as staff explores the various ways of regulating dispensaries,
character might be taken into consideration as a factor. Staff will look at how Council should define
the term.
Councilmember Roy asked, if the moratorium is passed, how many applications would not be
processed and, therefore, not be given sales tax licenses.
Chuck Seest, Finance Director, replied that number would be difficult to project but those
applications not in by early the following week would likely be impacted.
38
December 1, 2009
Mayor Hutchinson noted should the moratorium pass, there will still be 10 days until it takes effect
during which time licenses could be processed.
Councilmember Troxell asked about the interplay between what the state may rule versus the City's
jurisdiction.
City Attorney Roy replied that the City's jurisdiction will likely fall with land use and the
appropriate location for dispensaries. As a home rule city, Fort Collins can adopt local rules that
conflict with state statutes in matters of local concern. If a conflict between state laws and city laws
should occur, it is likely Council will need to re -visit the regulations it adopts in March.
Councilmember Troxell asked about extending the length of the moratorium.
City Attorney Roy replied, in terms of the conservation of staff resources, it would be beneficial to
have only one moratorium; however, Council may determine the probable need to have another
moratorium at a later date does not outweigh the need to legislate locally more quickly.
Councilmember Troxell asked how medical marijuana production falls under City zoning in terms
of an industrial use.
Dush replied it would be defined as a greenhouse and there are specific zoning districts in which
those can be located. There may be additional considerations with growing this specific product.
Councilmember Troxell stated staff should be allowed prudent time to make the best decisions.
Mayor Hutchinson asked if the staff recommendation is for a three to four month moratorium.
Deputy City Manager Jones confirmed that recommendation.
Councilmember Manvel asked if the length of the moratorium could be extended.
City Attorney Roy replied that it could only be extended by subsequent action of the Council.
Councilmember Kottwitz asked what happens to a sales tax license application that is pending on
the effective date of the moratorium.
City Attorney Roy replied it is held in abeyance and comes back in the same state upon the
expiration date of the moratorium and may or may not be issued depending upon what kinds of
regulations Council adopts in the meantime.
Councilmember Kottwitz asked if the ordinance is supported by Police Services.
Schiager replied the moratorium's timeline maybe a bit tighter, it should still provide enough time
to make appropriate recommendations.
W
December 1, 2009
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 128, 2009, on Second Reading.
Councilmember Troxell made a motion for an amendment to Section 5(b) of the ordinance to change
the March 31, 2010 date to be June 30, 2010.
THE MOTION DIED FOR LACK OF A SECOND.
Councilmember Poppaw stated she would have liked to have seen some regulations proposed along
with the moratorium to avoid a run on applications for medical marijuana dispensaries. She stated
she would support the motion to allow some time for regulations to be developed.
Councilmember Kottwitz expressed support for the process and the ability for the City to make its
own regulations.
Councilmember Roy stated he would not support the moratorium in part because it subverts the vote
of the people allowing medical marijuana dispensaries. He stated regulations could have been
developed without a moratorium.
Councilmember Manvel stated the needs of medical marijuana patients should be well served by the
dispensaries already in operation during the time of the moratorium and the regulations to come out
of that period will serve the public interests. He stated he would support the motion.
Mayor Hutchinson stated there will be ample opportunity for public involvement during the outreach
process and stated the moratorium will allow time to examine land use issues and others.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Troxell. Nays: Roy.
THE MOTION CARRIED.
City Attorney Roy asked for Council approval to insert language referencing the sales tax code in
section 5(c) should staff consider it to be necessary.
Mayor Hutchinson made a motion, seconded by Councilmember Kottwitz, to give the City Attorney
leeway to change the language regarding the sales tax code in section 5(c) of the ordinance.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and
Troxell. Nays: Roy.
THE MOTION CARRIED.
40
December 1, 2009
Ordinance No. 131, 2009,
Amending Chapter 8, Article I of the City Code to
Establish the Budget Term for the Ci1y, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance changes the next two-year budget term and all future two-year terms of the City
budget. The City Council has just adopted the 2010-2011 City budget. With the approval of this
Ordinance, the next budget term will be 2011-2012 and future two-year budget terms will begin in
the odd -numbered years. The Budget process will take place in the even -numbered years. ,
BA CKGR O UNDIDIS C USSION
On April 8, 1997, the electorate of the City approved certain amendments to the City Charter. One
of the amendments added language to Article V, Section 1 of the Charter to provide that the City
Council shall set by ordinance the term for which it shall adopt budgets in accordance with the
provisions of Article V. Subsequently, Ordinance No. 092, 1997, which established a two-year
budget beginning with the 1998-1999 City budget, was adopted by City Council.
Beginning in 2005, to prepare the 2006-2007 budget, the City began using the Budgeting for
Outcomes (BFO) process. BFO has a number ofadvantages over traditional budgeting approaches
and helps the City meet several important goals, including:
• Create clarity about the overall budget process for the community
• Allocate revenues to the highest priorities and outcomes citizens want and need
• Understand the choices for funding programs and services
• Emphasize staff accountability, efficiency, innovation and partnership
With the BFO process, City Council input and decisions are needed earlier in the process. The
Council begins the budget process, using citizen input, by determining the outcomes citizens want
and need.
As the budget term is currently structured, the biennial budget process begins in the same year that
Councilmembers are facing an election and new members may be joining the City Council. In prior
year budgets, this has meant delaying parts of the budget process until after the Council election
and Council retreat. It also gives new Councilmembers almost no time to settle into their new role
before they are required to make decisions that will affect the next biennial budget.
Therefore, staff is requesting a change to the two-year budget term for a smoother budgetprocess.
With the approval of this ordinance, the two-year budget term will now begin with the odd -
numbered years and budget preparation will take place in the even -numbered years. The City
Council has just adopted the 2010-2011 City budget. The next budget term will be 2011-2012 and
future two-year budget terms will begin in the odd -numbered years. "
41
December 1, 2009
Mayor Hutchinson stated this ordinance would change the two-year budget term to begin in odd -
numbered years to allow new councilmembers to gain some experience prior to working on a new
budget.
Eric Sutherland, 631 LaPorte Avenue, expressed concern about desynchronizing the budget cycle
from the electoral cycle. He stated separating the two creates a disconnect in the democratic system.
He asked Council to not adopt the ordinance.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
131, 2009, on First Reading.
Councilmember Roy stated this change will make for better budgets and more informed
councilmembers.
Councilmember Manvel stated the change is simply one of scheduling and expressed support for
the change.
Mayor Hutchinson expressed support for the change and noted the budget process is many months
long with many opportunities for citizen and staff participation.
Councilmember Kottwitz expressed support for the change.
Councilmember Troxell expressed support for the change.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 132, 2009,
Amending Chapter 14 of the City Code by Replacing References to the
Department of Advance Planning and the Director of Advance Planning
to the Department of Community Development and
Neighborhood Services and the Director of
Communitv Development and Neighborhood Services, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance amends Chapter 14 of the City Code to replace references to the Department of
Advance Planning and Director ofAdvance Planning to the Department of Community Development
and Neighborhood Services and the Director of Community Development and Neighborhood
Services.
FIN
December 1. 2009
BA CKGR O UND/DISCUSSION
Planning, Development and Transportation has reorganized to provide more efficient services to
the community. As part of the reorganization, a new Community Development and Neighborhood
Services Department has been formed with the following responsibilities: Development Review,
Zoning, Plan Review and Building Inspection, Administration and Contractor Licensing, and
Historic Preservation. The functions and staff related to the administration of the City's Historic
Preservation Ordinance have been shifted from the Advance Planning Department to this new
department.
The City Code needs to be amended to reflect the change in department responsibilities. References
to the Advance Planning Department will be replaced with the Community Development and
Neighborhood Services Department. References to the Director of Advance Planning will be
replaced with the Director of Community Development and Neighborhood Services. "
Deputy City Manager Jones stated these changes assure the City Code reflects some of the City's
recent departmental restructuring.
Shane Miller, 4325 Mill Creek, expressed concern regarding the timing of citizen participation at
meetings and suggested a change in the process be considered to allow citizens to ask questions or
make further comments at other times in the meeting.
Stacy Lynne, 216 Park Street, asked how many and which positions were, or will be, added or
eliminated as a result of the reorganization and expressed concern regarding the similarity of the
goals of the reorganization to the goals of ICLEI.
Councilmember Roy asked how many City employees were affected by the reorganization.
Deputy City Manager Jones replied the restructuring was designed to make things more effective
and efficient and increase sustainabilityby attempting to foster green building practices and increase
coordination. Six occupied positions were eliminated due to a reduction in resources.
Mayor Hutchinson added management has been streamlined and taxpayer dollars have been saved.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
132, 2009, on First Reading.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
43
December 1, 2009
Resolution 2009-110
Modifying the Schedule for Council Consideration
of the Proposed Pilot Trash and Recycling Services District, Adopted
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
In July 2009, City Council adopted a Resolution which directed staff to issue a Request for
Proposals (RFP) for a Trash Services Pilot District. Within that Resolution, Council directed staff
to report to City Council on the outcome of the RFP process no later than December 1, 2009.
Ongoing contract negotiations regarding an agreement with a Service Provider have caused the
City Council to postpone both a planned Public Hearing and the First Reading of enabling
legislation to establish a Pilot District. This delay necessitates the rescheduling of Council 's review
of the proposal.
The purpose of this Resolution is to formally postpone staff's report to Council until no later than
February 16, 2010.
BA CKGR O UND/DIS C USSION
In July 2009, City Council directed staff to issue a Request for Proposals to seek qualified Service
Providers to provide residential trash and recyclable material collection services within a district
within the City. City Council directed staff to report on the outcome of the RFP process no later
than December 1, 2009.
The RFP process was conducted during September, and interviews with two haulers were held in
October. The City then entered into contract negotiations with a Service Provider. Contract
negotiations have taken longer than staff expected, making it impossible to complete the necessary
public outreach and report the outcome of the process to Council by the deadline set in Resolution
2009-075.
This Resolution extends the deadline for reporting the outcome of the RFP process until no later
than the regular Council meeting of February 16, 2010. "
Deputy City Manager Jones stated the sole purpose of this resolution is to modify the schedule for
this item to come before Council due to ongoing contract negotiations.
Eric Sutherland, 631 LaPorte Avenue, expressed concern regarding the trash districting plans and
expressed disappointment with another delay in the process.
Stacy Lynne, 216 Park Street, asked for the legal definition of "enabling legislation" as written in
the executive summary of the resolution. She asked which two trash haulers submitted RFPs, which
service provider is currently in contract negotiations, and why those negotiations have taken longer
December 1, 2009
than expected. Ms. Lynne expressed concern regarding the fiscal and social impacts to private
businesses and residents. She also asked that Susie Gordon, City employee, be removed from all
trash related duties within the City organization.
Mayor Hutchinson noted this resolution concerns the timing of the hearing at which the preceding
questions can be discussed.
Councilmember Troxell asked for a status update.
Ann Turnquist, Policy and Project Manager, stated staff has been in the process of conducting the
request for proposal, interviews, and contract negotiations since early September with the hope that
a public hearing can be rescheduled in January.
Councilmember Troxell asked about potential adverse financial impacts of the deadline extension
to the businesses involved.
Tumquist replied the financial impact section of the agenda item summary refers only to the City
and no financial impact analysis was done involving the businesses.
Councilmember Troxell asked about sustainability, economic, environmental and social impacts and
whether those were analyzed to include businesses.
Tumquist replied the analysis was of the impact to the change in schedule, not of the entire policy
question.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution
2009-110.
Councilmember Troxell noted the importance of providing outreach to the citizens in the pilot trash
district. He read questions from a recent Coloradoan article into the record: Why was the area
chosen and how is it representative of Fort Collins as a whole? What is the cost to the homeowners
of the trash services? Why can't the homeowners in the district opt out, particularly if the service
costs them more? What is the overall, quantified benefit of trash districting, including reduced wear
and tear on roads, public safety, improved air quality, and potential savings to the City? What are
the potential impacts on the trash hauling companies? Councilmember Troxell asked that those
questions be answered in the public hearing.
Mayor Hutchinson noted the public hearing will occur two weeks prior to the first reading of any
ordinance instituting a pilot trash district.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz'; Manvel,' Ohlson,�Poppaw,•Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
45
December 1, 2009
Other Business
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to adjourn until the
conclusion of the Urban Renewal Authority meeting, at which time Council will reconvene and
consider a motion to go into executive session.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy asked for a timeframe regarding staff s presentation to Council regarding pop -
ups and scrape -offs.
Deputy City Manager Jones replied staff had requested Council feedback in relation to 223 Park
Street.
Councilmember Roy asked that the issue be discussed at a work session in the first quarter of 2010.
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adjourn into
Executive Session as permitted under Section 2-3 1 (a)(1)(a) of the City Code, for the purpose of
discussing the compensation and benefits of the City Attorney.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:50 p.m.
Mayor
ATTEST:
- LL
City Clerk
ER