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HomeMy WebLinkAboutMINUTES-03/15/2011-RegularMarch 15, 2011 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, March 15, 2011, 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: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Cheryl Distaso, 135 South Sunset, Center for Peace, Justice, and Environment, expressed concern about the salary and lack of a job description for the newly created Assistant to the City Manager position. She encouraged involving a third party to investigate Character Fort Collins' possible religious ties. Elaine Boni, Human Relations Commission, discussed the Human Relations Commission awards and requested nominations by March 31st. Peter Hall, 1750 Summerville Drive, Human Relations Commission Chairperson, stated the Human Relations Commission breakfast and awards ceremony will be April 29th. He thanked the Human Relations Commission staff liaisons. Richard Thomas,1901 Wallenberg Drive, discussed the development review process and expressed concern that the process favors developers. Citizen Participation Follow-up Mayor Hutchinson stated there will be an independent fact-finding effort with regard to Character Fort Collins. He stated the new Assistant to the City Manager position was created as a result of Council's interest in sustainability. Councilmember Poppaw thanked the Human Relations Commission speakers. Councilmember Roy asked about ground rules for the Character Fort Collins meeting. Deputy City Manager Jones replied those issues will be discussed upon City Manager Atteberry's return. Councilmember Roy asked if it would be possible for staff to meet with Mr. Thomas regarding his concerns. City Attorney Roy replied in the affirmative. fiA March 15, 2011 Agenda Review Deputy City Manager Jones stated Ordinance No. 019, 2011 has been revised as part of Item No. 24, Items Relating to Medical Marijuana Businesses. CONSENT CALENDAR Consideration and Approval of the Minutes of the February 1 February 15, and March 1, 2011 Regular Meetings and the February 22, 2011 Adjourned Meeting. Second Reading of Ordinance No 021 2011 Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. The City has received a grant in the amount of $40,000 from the Eighth Judicial District Victim Assistance and Law Enforcement Board to help fund victim services activities. This Ordinance, unanimously adopted on First Reading on March 1, 2011, appropriates the grant funds. No cash match is required. Second Reading of Ordinance No. 022 2011, Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2011 Irrigation Season. This Ordinance, unanimously adopted on First Reading on March 1, 2011, approves rates for the rental and delivery of the City's raw water supplies. The Water Utility uses these rates to assess charges for agricultural use, for various contractual raw water obligations and for raw water deliveries to other City departments. The proposed rate for each type of water is based on several factors, including market conditions and assessments charged by irrigation companies. Second Reading of Ordinance No 023 2011 Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Vehicles and Equipment and Appropriating the Amount Needed for Such Purpose. This Ordinance, unanimously adopted on First Reading on March 1, 2011, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement for vehicles and equipment with Pinnacle Public Finance at 2.60 percent interest rate. The cost of the items to be lease -purchased is $1,405,001. Payments at the 2.60% interest rate will not exceed $225,429 in 2011. Money for 2011 lease -purchase payments is included in the 2011 budget. The effect of this transaction position for the purpose of financial rating of the City will be to raise the total City debt by 2.5%. A competitive process was used to select Pinnacle Public Finance for this lease. 219 March 15, 2011 10. Second Reading of Ordinance No. 025, 2011, Authorizing the Conveyance of a Non - Exclusive Permanent Easement on Fossil Creek Regional Open Space to the Colorado Department of Transportation. The Colorado Department of Transportation (CDOT) has requested a permanent non- exclusive easement on a portion of the Fossil Creek Regional Open Space as part of the I- 25/SH392 Interchange Project. This Ordinance, unanimously adopted on First Reading on March 1, 2011, authorizes the conveyance of an easement that consists of 3,558 square feet located within the wetland north of Highway 392. The easement will be used to construct box culverts for stormwater control purposes and to maintain the existing wetland connection under the highway. 11. Second Reading of Ordinance No.026, 2011, Authorizing the Lease of City -owned Property at 222, 224, and 226 West Mountain Avenue for Up to Five Years. The City has been the owner of the properties located at 222, 224 and 226 West Mountain Avenue since 1985. Moe Kamandy of the Mountain Cafe has been leasing this space since 1991. This Ordinance, unanimously adopted on First Reading on March 1, 2011, authorizes the lease of this space to Mr. Kamandy for one year with automatic renewal for up to four successive one-year terms. 12. Second Reading of Ordinance No. 027, 2011, Authorizing the Lease of City -Owned Property Located at 2313 Kechter Road for Up to Five Years. The City acquired the property located at 2313 Kechter Road as part of the Affordable Housing Land Bank Program in January 2006. Located on the 15.9 acre property is a single family house and three outbuildings. Ordinance No. 027, 2011, unanimously adopted on First Reading on March 1, 2011, authorizes the lease of this property. 13. Second Reading of Ordinance No. 028, 2011, Vacating Right-of-way as Dedicated On the Plat of the Griffin Plaza Subdivision. In 1977, the Griffin Plaza Subdivision, located south of Prospect Road and west of College Avenue, platted several lots and a public street extending into the site named Tamasag Drive. Although development did occur on the two lots adjacent to Prospect Road, Tamasag Drive was never constructed as anything more than a driveway. This Ordinance, unanimously adopted on First Reading on March 1, 2011, authorizes the vacation of Tamasag Drive as requested by the property owner. 14. First Reading of Ordinance No. 038, 2011, Appropriating -Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2011 Adopted City Budget. Prior to 2004, the Natural Areas Program was housed within the Capital Projects Fund and therefore funds did not lapse from year to year. During 2004, in order to comply with the 220 March 15, 2011 Governmental Accounting Standards Board, Natural Areas appropriations and funding sources were all moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds need to be re -appropriated into the following year's budget. The purpose of the previously appropriated funds remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other natural area program needs to benefit the citizens of Fort Collins. 15. First Reading of Ordinance No. 039 2011 Authorizingthquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase IV. Right-of-way acquisition continues for the Mason Express Bus Rapid Transit Project (the BRT Project). City Council, in prior ordinances, has authorized previous phases (Phase I, II, III, and III -A) of acquisition work, which account for approximately 70% of the necessary real estate interests for the Project. The remaining 30% (approximate) has been on hold, waiting for the design to progress. This Ordinance pertains to the next acquisition phase (Phase IV) of the BRT Project and is comprised of seven (7) separate properties ready for the acquisition stage. (For areas of the Project that still require further design, at least one additional phase will be required). The City Council authorization specified by this Ordinance begins the first step of the City's acquisition process for the property interests within this phase. 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 required property interests is necessary. Therefore, City staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 16. Items Relating to the FC Bikes Program. A. Resolution 2011-024 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the State of Colorado Department of Transportation for the Purpose of Supporting the City's FC Bikes Program for the Fiscal Year 2011 Funding Period Utilizing Congestion Mitigation and Air Quality Funds. B. First Reading of Ordinance No. 040, 2011, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to be Used for the 2011 Fort Collins Bike Program. 221 March 15, 2011 The City of Fort Collins' FC Bikes Program was awarded Congestion Mitigation & Air Quality grant funding from the North Front Range Metropolitan Planning Organization and Colorado Department of Transportation for years 2010— 2011. The Colorado Department of Transportation (CDOT) has amended the FC Bikes funding contract with the City of Fort Collins for 2011. The City's FC Bikes program will use these FY 2011 federal funds to take a comprehensive approach to operating and refining the City's bicycle program. The refinement and expansion of the FC Bikes program includes improving community outreach and operational practices to increase bicycling while integrating safety education components in a comprehensive manner throughout all of the programmatic activities. The FC Bikes scope of work is congruent with the newly adopted Bicycle Safety Education Plan. Resolution 2011-024 authorizes the City to enter into the contract with the Colorado Department of Transportation in order to receive the federal funds for implementing the City's FC Bikes program in 2011. These federal funds will be used to staff and operate the FC Bikes program through implementation of the services and projects. Ordinance No. 040, 2011, appropriates the $150,000 in Federal Congestion Mitigation & Air Quality (CMAQ) funds awarded to the City for the FC Bikes program for fiscal year (FY) 2011. 17. Resolution 2011-025 Authorizingthe e Mayor to Enter into an Intergovernmental Agreement with the State of Colorado Department of Transportation for the Purpose of Obtaining a Congestion Mitigation and Air Quality Grant in Support of the FC Bike Library Program. The Fort Collins Bike Library Program (FCBL) has been awarded Congestion Mitigation & Air Quality grant funding from the North Front Range Metropolitan Planning Organization and the Colorado Department of Transportation for work to be completed FY 2011. The City of Fort Collins contracts with Bike Fort Collins, a local non-profit cycling organization, to manage and operate the FCBL. The FCBL program continues to improve, refine, and expand the Bicycle Library program and services. These activities include improving marketing and operational practices. Expansion includes incorporating additional bicycles and check-out stations into the FCBL program and incorporating additional community partners such as schools, businesses, and non-profit organizations. 18. Resolution 2011-026 Extending the Deadline for the City and Town of Windsor to Take Certain Actions Required by the Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway 392 Interchange. On December 21, 2010, the City Council approved an intergovernmental agreement with the Town of Windsor (the "IGA") pertaining to the development of the I-25 interchange at the intersection of State Highway 392 (the "Interchange"). The IGA states that, by March 31, 2011, the City and Windsor will take certain actions to implement the IGA. Staff has recommended that this deadline be extended for sixty days to allow more time for additional staff work and public outreach. Resolution 2011-026 authorizes that extension. The Windsor Town Council is scheduled to consider a similar resolution on March 14, 2011. 222 March 15, 2011 19. Resolution 2011-027 Approving Expenditures from the Art in Public Places Reserve Account in the Storm Drainage Utility Fund to Commission an Artist to Create Water ,Quality Boxes. This Resolution approves expenditures of $39,500 for design, materials, installation and contingency for a project with the artist Andy Dufford of Chevo Studios to create two water quality boxes that will house and protect water quality testing equipment located in the Old Town area. The project also become an educational component for this program. 20. Resolution 2011-028 Ratifying the Reappointment of Linda Gabel and the Appointment of Cara Neth to the Poudre River Public Libraryy District Board of Trustees. Resolution 2007-026 ratified the initial appointments to the Library Board of Trustees on March 6, 2007. Seven Trustees were appointed to the Board with initial terms ranging from 1 to 5 years. The initial term of Trustee Nina Bodenhammer expired on March 6, 2011, and she has decided not to seek reappointment for a second term. On March 24, 2009, Council adopted Resolution 2009-031 ratifying the appointment of Linda Gabel to fill the unexpired term of resigning member Robert Viscount. Linda Gabel's term expired on March 6, 2011, and she has expressed a desire to serve another term. The Library Trustee Selection Committee, comprised of Councilmembers Ben Manvel and Lisa Poppaw and Larimer County Commissioners Lew Gaiter and Steve Johnson, unanimously recommends the reappointment of Linda Gabel to the Library Board of Trustees for a four-year term and the appointment of Cara Neth for a four-year term. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 7. Second Reading of Ordinance No. 021, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for the Police Services Victim Services Team. 8. Second Reading of Ordinance No. 022, 2011, Establishing Rental Rates and Delivery Charges for the City's Raw Water for the 2011 Irrigation Season. 9. Second Reading of Ordinance No. 023, 2011, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Vehicles and Equipment and Appropriating the Amount Needed for Such Purpose. 10. Second Reading of Ordinance No. 025, 2011, Authorizing the Conveyance of a Non - Exclusive Permanent Easement on Fossil Creek Regional Open Space to the Colorado Department of Transportation. 223 March 15, 2011 11. Second Reading of Ordinance No.026, 2011, Authorizing the Lease of City -owned Property at 222, 224, and 226 West Mountain Avenue for Up to Five Years. 12. Second Reading of Ordinance No. 027, 2011, Authorizing the Lease of City -Owned Property Located at 2313 Kechter Road for Up to Five Years. 13. Second Reading of Ordinance No. 028, 2011, Vacating Right-of-way as Dedicated On the Plat of the Griffin Plaza Subdivision. 24. Items Relating to Medical Marijuana Businesses. A. Second Reading of Ordinance No. 018, 2011, Authorizing the Continuing Operation of Existing Medical Marijuana Businesses. B. Second Reading of Ordinance No. 019, 2011, Making Certain Amendments to Chapter 15, Article XVI of the City Code Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses, and Adding a New Article Governing the Cultivation of Medical Marijuana by Primary Caregivers and Patients. C.S econd Reading of Ordinance No. 020, 2011, Amending the City's Land Use Code by Adding Medical Marijuana- Infused Product Manufacturing Facilities as Permitted Uses in Various Zones Districts, and Renaming Dispensaries and Cultivation Facilities. Ordinances on First Reading were read by title by City Clerk Krajicek. 14. First Reading of Ordinance No. 038, 2011, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2011 Adopted City Budget. 15. First Reading of Ordinance No. 039, 2011, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase IV. 16. First Reading of Ordinance No. 040, 2011, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund to be Used for the 2011 Fort Collins Bike Program. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve the Consent Calendar. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. 224 March 15, 2011 Consent Calendar Follow-up Mayor Pro Tern Ohlson asked for further detail regarding Item No. 9, Second Reading of Ordinance No. 023, 2011, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease - Purchase Financing of Vehicles and Equipment and Appropriating the Amount Needed for Such Purpose. Ken Maranon, Operations Services Director, replied General Fund dollars are used to acquire new vehicles, though they are managed by Fleet Services. Mayor Pro Tern Ohlson asked why some vehicles are shown in Fleet Services and some are shown in Police Services. Maranon replied the budget was already approved, and any changes will need to be made during the next budget cycle in 2012. Mayor Pro Tern Ohlson stated he would like to discuss the transparency of the budget at the Council retreat. Councilmember Poppaw thanked Linda Gabel for her service, and reappointment, on the Library Board of Trustees. She also noted Cara Neth will be appointed to the Board. Items Relating to Medical Marijuana Businesses. Adopted on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 018, 2011, Authorizing the Continuing Operation of Existing Medical Marijuana Businesses. B. Second Reading of Ordinance No. 019, 2011, Making Certain Amendments to Chapter 15, Article XVI of the City Code Governing the Licensing, Number, Location and Operation of Medical Marijuana Businesses, and Adding a New Article Governing the Cultivation of Medical Marijuana by Primary Caregivers and Patients. C. Second Reading of Ordinance No. 020, 2011, Amending the City's Land Use Code by Adding Medical Marijuana- Infused Product Manufacturing Facilities as Permitted Uses in Various Zones Districts, and Renaming Dispensaries and Cultivation Facilities. These three ordinances are beingpresented to Council to further clarify, regulate, and align medical marijuana businesses to the State regulations and to the intent ofprevious local ordinances. Ordinance No. 018, 2011, adopted on First Reading on February 22, 2011, by a vote of 6-1 (nays: Troxell) allows for existing medical marijuana businesses that have met all requirements and paid appropriate fees to both the City and the State to continue operating, even ifsuch businesses do not meet the required zoning and location requirements. Ordinance No. 019, 2011, unanimously adopted on First Reading on February 22, 2011, amends the provisions of Chapter 15, Article 16 and 17 of the City Code to align the City's local regulations March 15, 2011 with the Colorado Medical Marijuana Code, to adopt certain additional, more restrictive regulations as permitted under state law, and to adopt local regulations for primary caregivers. Ordinance No. 020, 2011, unanimously adopted on First Reading on February 22, 2011, amends the Land Use Code to add a definition for a Medical Marijuana - Infused Products Manufacturing Facility, to add the use ofsuch facility to the list ofpermitted uses in the appropriate zones, and to rename dispensaries and cultivation facilities to be consistent with the Colorado Medical Marijuana Code. BACKGROUND /DISCUSSION At Council 's request the following changes have been made to Ordinance No. 019, 2011: The cap on the number of available licenses has been removed. In Section 15-488, nonrenewal, suspension or revocation of license, the words "suspend" and "revoke", which were struck in error on First Reading, have been restored. Staff has proposed to address the 8 ounce limit between licensed centers and concerns of crop failure by removing the limit which centers can buy or receive, but maintaining the 8 ounce limit in relation to sales. Centers would then be able to buy any quantity but could not sell more than 8 ounces. Staff has also notified the protected uses as identified in a motion during First Reading that those locations are near a Center eligible for grandfathering. An online comment box was established to receive email comments. As of the time ofprinting the agenda, no comments have been received. Recipients were also encouraged to attend Second Reading. " Deputy City Manager Jones thanked staff members who have worked on this item for over 18 months. Ginny Sawyer, Neighborhood Administrator, stated Ordinance No. 018, 2011, proposes grandfathering all existing medical marijuana businesses in their current locations. Ordinance No. 019, 2011, amends local licensing requirements to conform to state regulations and maintains any more restrictive or unique provisions for Fort Collins. Ordinance No. 020, 2011, relates to Land Use Code changes regarding the manufacturing of medical marijuana infused products. Changes include elimination of the cap on the number of available licenses, elimination of the restriction prohibiting individual patients from growing for themselves in duplexes or multi -family units, and elimination of the eight ounce restriction on buying or receiving which would aid in problems with potential crop failure. Nestor Garrido, Natural Alternatives for Health, supported grandfathering existing businesses. Scoot Crandall, Team Fort Collins Executive Director, 5044 Westridge Drive, read a letter expressing concern about negative health impacts and adverse effects of medical marijuana. 226 March 15, 2011 Damian Farris, Top Shelf Colorado, 2601 South Lemay, supported grandfathering existing businesses and supported staff s recommendation regarding elimination of the eight ounce limit. He thanked staff and Council for work on the item. Pat Conway, Top Shelf Colorado, 2601 South Lemay, thanked staff and Council for work on the item, and supported grandfathering existing businesses. Kyle Kauffman, Top Shelf Colorado, 2601 South Lemay, supported grandfathering existing businesses. Nick Dice, Medical MJ Supply, 810 North College, supported grandfathering existing businesses and stated legitimate medical marijuana businesses are concerned with keeping teens and abusers from gaining access to medical marijuana. Joe Dice, Grow Shop Hydroponics, supported grandfathering existing businesses and stated black market marijuana has decreased. Roshana Martin, 149 Hilcrest, medical marijuana patient, supported grandfathering existing businesses. Wes Melander, Loveland resident, medical marijuana patient advocate, supported grandfathering existing businesses. Dean Opiccoretto, Fort Collins resident, medical marijuana patient, supported grandfathering existing businesses. Ken Correa, Solace Meds, 301 Smokey Street, thanked staff for work on the item and supported the Ordinances. He suggested allowing local centers to sell to one another in the event of crop failure. Brett Barney, Denver attorney representing two Fort Collins dispensaries, supported the Ordinances. Sam Lucien, Medical MJ Supply, supported grandfathering existing businesses and stated black market marijuana has decreased. Cristine Romarine, Infinite Wellness Center,1740 South College, supported grandfathering existing businesses and asked for further consideration of the transfer limits between centers. Melody Kenyon, Indigo X, 3621 Haven Court, discussed the medical benefits of marijuana and supported grandfathering existing businesses. Travis Mader, FoCo Compassion Center, 232 East Vine, thanked staff and Council for work on the item and supported grandfathering existing businesses. Mark Slack,1106 Cypress, medical marijuana patient, supported grandfathering existing businesses. 0% March 1 S. 2011 Michael Stolting, Medical MJ Supply, supported grandfathering existing businesses. Rich Lapuma, Loveland attorney representing several Fort Collins dispensaries, asked why Ordinance No. 019, 2011, does not include several state regulations, specifically why the City regulations do not allow dispensary owners with felony convictions up to ten years old, as opposed to five years under state regulations. Amy Mason, Fort Collins resident, supported the rights of medical marijuana patients and supported grandfathering existing businesses. Sandra Gomez, Wellington resident, stated Fort Collins dispensaries serve many outlying populations and supported grandfathering existing businesses. Matt Ryan, Indica RX, supported grandfathering existing businesses. Kirk Scramstead, A Kind Place, thanked staff and Council for work on the item and supported grandfathering existing businesses. Steve Ackerman, thanked staff for work on the item and supported the Ordinances. He encouraged Council to consider eliminating the cap on trade between dispensaries. Councilmember Manvel asked why staff has recommended regulations other than the state's 70/30 rule with regard to sales between businesses. Jerry Schiager, Police Services, replied enforcement of the 70/30 rule is on an annual basis. The rule does not appear to protect Fort Collins' interests with regard to overproduction. Councilmember Manvel asked for comment on illegal supply and dealing of marijuana in the community. Schiager replied the presence of marijuana in schools has increased, and that may be directly linked to the existence of the medical marijuana industry. However, the black market, low- grade Mexican marijuana is not significantly present in Fort Collins. Fort Collins has become more of an exporter of marijuana than an importer. Councilmember Troxell asked about sales at medical marijuana businesses. Sawyer replied dispensaries are limited as to amounts they can sell, but have the option to put specific strains or items on sale. Councilmember Troxell asked about the progress of state regulations. Schiager replied state regulations have changed with regard to credentials of physicians prescribing medical marijuana but the actual numbers of patients has not changed. Councilmember Troxell asked if staff has received -input from the medical community since First Reading. Sawyer replied in the negative. 228 March 15, 2011 Councilmember asked what constitutes multi -family in terms of where individual users would be allowed to grow their own plants. Sawyer replied these regulations would include any type of residence that would share walls with another unit. Councilmember Troxell asked if CSU would have its own jurisdiction over University -owned student housing units. Schiager replied the University does not allow medical marijuana growing in its housing units. Councilmember Manvel asked about the ability of landlords to restrict growing. Sawyer replied staff has been able to correct complaints received thus far by notifying landlords who can then not allow growing. Councilmember Manvel asked about community input regarding non -compliant existing businesses. Sawyer replied staff mailed notices to surrounding businesses and schools as identified at First Reading, encouraging attendance at Council and provided a website address at which comments could be left. As of this afternoon, only one comment from an administrator at Rocky Mountain High School had been left. Councilmember Poppaw asked for input from Councilmembers who visited medical marijuana businesses. Mayor Hutchinson replied he did not witness any large problems in terms of proximity to protected facilities. Mayor Pro Tern Ohlson agreed with Mayor Hutchinson. Councilmember Manvel replied the businesses are very nice and discreet, as a whole. Councilmember Kottwitz asked if staff recommends the change made to Ordinance No. 019, 2011. Schiager replied the First Reading of the Ordinance included the residential growing restrictions. Staff opted to remove that restriction and examine complaints while considering potential future changes. City Attorney Roy clarified cultivation of medical marijuana in duplexes and multi -family dwellings was prohibited in the First Reading of Ordinance No. 019, 2011. The motion for adoption on Second Reading should include an amendment to change that prohibition. Councilmember Troxell asked whether or not statistics show a significantly higher portion of males using medical marijuana. Schiager replied the state shows 73% of medical marijuana card holders are male. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 018, 2011, on Second Reading. Councilmember Roy supported the elimination of black market marijuana via grandfathering existing businesses and thanked staff for work on the item. Councilmember Troxell stated he would not support the motion as there are 23 businesses that do not meet the separation requirements, and only two that do meet the requirements. 229 March 15, 2011 Councilmember Kottwitz thanked staff for work on the item and for the effort to reach out to protected businesses and uses. She encouraged medical marijuana businesses to be cognizant of teenagers in the community. Councilmember Manvel encouraged Team Fort Collins to work with the medical marijuana industry as it has with the alcohol industry to keep marijuana away from youth. He stated shutting down non -compliant centers is anti -business. Councilmember Poppaw stated some ofthe centers are too close to vulnerable populations; however, putting businesses out of business is not desirable. Mayor Hutchinson stated staff efforts at accommodating state law have carefully considered the community. . The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson and Roy. Nays: Poppaw and Troxell. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 019, 2011, as amended, on Second Reading. City Attorney Roy clarified the motion would remove the prohibition on cultivation of medical marijuana in multi -family dwellings. Councilmember Kottwitz stated she would support the motion as it will be possible to change regulations as needed in the future. Councilmember Manvel agreed this issue is a work in progress but stated he would support the motion. Councilmember Troxell stated he would not support the motion as the grandfathering has allowed for many centers throughout town. Councilmember Manvel noted many patients are unable to afford to purchase medical marijuana and should be able to grow their own as allowed by law. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson and Roy. Nays: Poppaw and Troxell. THE MOTION CARRIED. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 020, 2011, on Second Reading. 230 March 15, 2011 Councilmember Kottwtiz noted there are no federal regulations available for medical marijuana and stated citizens could put forth an initiative to place the prohibition of medical marijuana to a vote. Councilmember Troxell stated he would support the motion as the Ordinance conforms with State language. The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Resolution 2011-029 Expressing the City Council's Support for the Poudre Fire Authority Board's Proposed Expenditure of Revenues Derived from the "Keep Fort Collins Great" Tax Measure, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY On December 11, 2010, Council held a special worksession to discuss the most appropriate use of Keep Fort Collins Great revenues, which included $494, 000 for the South Battalion forPoudre Fire Authority (PFA). At the special work session, Council asked for more information on PFA priorities. The remaining $1,563, 000 of the $2, 057, 000, or 11 % of the City's "Keep Fort Collins Great" funds designated for fires services was appropriated in the City's Annual Appropriation Ordinance. This Resolution indicates Council's supportforPFA's determinationsfor the use of the "Keep Fort Collins Great" tax revenue. BACKGROUND /DISCUSSION On January 25, 2011, a joint Poudre Valley Fire Protection District/Poudre Fire Authority Board meeting was held to review revenue and priorities. The Boards concluded at that meeting that the focus of additional funding should be enhancing f re protection and emergency service and that could best be provided with four person companies or a south squad company at Station 4 (1945 West Drake Road). On February 22, 2011, the PFA Board met and endorsed the four person engines or companies as the best way to improve PFA's emergency response profile. The Poudre Valley Fire Protection District Board of Directors has determined that the revenue from its successful property tax initiative be used to implement a four person company at Station 7 in LaPorte, Colorado. Station 7 is the wildland specialty station and deploys both a brush engine and a Type III engine when needed, as well as a structural firefighting engine. Station 7 covers one of the largest areas within PFA and can be on incidents for lengthy periods of time. 231 March 15, 2011 Consequently, the PFA Board recommends that the City's "Keep Fort Collins Great" funds designated for fire services be expended as shown in the following chart. City Keep Fort Collins Great Funds Utilization # Personnel 678,000 Round 1 & 2 Cuts - 2011 0 South Battalion — included in Ordinance No. 134, 2010, 4 494, 000 adopted December 21, 2010 634,000 2, 4-Person Companies — 4-person company analysis 6 attached see Attachment 1 30,000 Stations 1-4 Maintenance — This maintenance was 0 withdrawn by the City in the 2010 BFO process. 210,000 Two Attritioned Positions — These are two of three positions 2 attritioned by PFA to meet recessionary pressures in 2010. 11,000 New Hire Equipment — Total cost of equipment for new firefighters is $377, 000. The balance will be paid from 0 $5, 000 from the District and the remainder from a permanent trans er rom ongoing capital revenue. $2, 057, 000 1 TOTAL 112 The Poudre Valley Fire Protection District, which shares funding of the Authority with the City of Fort Collins through an Intergovernmental Agreement at a ratio of 20%District, 80% City, also had a measure on the ballot to increase taxes within the District. This measure was successful, and will continue the 80120 funding ratio of the Authority. The following table shows how the District has appropriated its funds to the Authority. District Election Funds Utilization # Personnel City of Fort Collins Annexation — The majority of this property transfer from the District to the City 158, 009 was caused by the Southwest area enclave 0 annexation. The City has included these funds in its contribution to the PFA to offset this reduction in PFA revenue. 39,741 Reduction in Property Taxes 0 Station 7, Four -Person Company —Implementation 317,000 meets the rationale for this strategy (please see 3 attached four person company analysis). 5,000 New Hire Equipment 0 $519, 750 TOTAL 13 In addition to the 15 personnel from the City and District, the PFA will replace one attritioned firefighterposition; provide technology and equipmentfor newly hired firefighters; and information technology programs by utilizing its ongoing capital funds, which brings the total new firefighter 232 March 15, 2011 positions to 16. This is a reduction in new personnel from the original Resourcing Our Future request of 25.5 positions. Attachment I provides an explanation of the four person companies, as well as statistical data on uniformed personnel per capita, which shows the PFA remaining well below the staffing levels of the majority offire departments locally, regionally, and nationally. One of PFA's driving concepts in its vision statement is to be a financially responsible partner in the community. This statement focuses on our obligation to create an emergency response structure that provides top-level services at the most cost-effective level possible. The quantifiable demonstration ofthis commitment can be seen in the charts which show "2009 Uniformed Personnel Per 1,000 Population Strategic Planning Partners and Front Range Departments" and "Ongoing Savings to the PFA Community" and "Uniformed Personnel Per 1,000 Per Capita if PFA Were Equal to Comparison Department. " FINANCL4L /ECONOMIC IMPACTS This recommendation, along with the District's election funds, will create 16 jobs to support 16 families in the community. This recommendation will also support the already strong partnership with the Poudre Valley Fire Protection District that contributes $4.46 million to PFA. Without this revenue, the City would need to replace $2.5 to $3 million to maintain the same level offire, rescue, and EMS services from which citizens currently benefit. " Poudre Fire Authority Chief John Mulligan noted this item arose from a December budget meeting. Meetings have since occurred with both the PFA Board of Directors and the District Board that have resulted in the PFA budget recommendations. PFA's proposal for 4-person companies is designed to maximize the ability to remain in assigned station areas to maintain response times. Eric Sutherland, 3520 Golden Currant, asked if TIF awards may have any detrimental effect on PFA funding. Sue Pawlak, 4014 Mesa Verde Street, stated this budget should be passed and recommended by Council as it is what voters opted to pass as part of ballot measure 2B. Mayor Pro Tern Ohlson discussed a memo received by Council on February 24th. He asked about the structure that makes overtime pay a requirement. Chief Mulligan replied it is more expensive to have firefighters work 40 hour weeks; 24-hour shifts are very common. Mayor Pro Tem Ohlson stated he has consistently asked for an examination of the benefits to taxpayers of the current system. Councilmember Manvel asked for a description of the current PFA schedule. Mike Gress, Division Chief of Operations, Poudre Fire Authority, replied 24-hour shifts begin at 8:00 in the morning and firefighters who work beginning Monday would work Wednesday and Friday as well, then have off Saturday through Tuesday and report the next Wednesday for another 24-hour shift. This is one of 233 March 15, 2011 the most common firefighter schedules. Chief Mulligan added the Department of Labor allows an exclusion for the time and a half requirement for fire service personnel on 24-hour shifts for any week below 53 hours. Mayor Pro Tem Ohlson asked about the discrepancy between the minimum 39 firefighters and an additional seven which are also on duty. Gress replied 39 is the minimum number of firefighters needed on duty at any one time to staff each apparatus completely. The seven additional individuals are used to cover and maintain those 39 minimum positions in cases of vacation, training leave, illness, or other leaves. Mayor Pro Tem Ohlson asked about the two and a quarter overtime pay for recalled fire personnel. Chief Mulligan replied off -duty personnel are recalled typically on third alarm fires in which all on - duty individuals are already being used. The cost of these recalls is generally about $48,000 per year and eliminates the need for hiring additional firefighters. Mayor Pro Tem Ohlson asked what overtime pay rate applies to meet minimum staffing needs. Gress replied the higher overtime rate is paid in less than 4% of situations requiring personnel to remain on duty. Mayor Pro Tem Ohlson asked if PFA still has a 70th percentile pay rate, as the City has eliminated that. Chief Mulligan replied the 70th percentile is still the PFA policy as the difference between the median and the 70th percentile is 2.4% due to the compressed pay schedule. PFA has frozen pay increases for the last two years. Mayor Pro Tem Ohlson asked about the use of volunteer firefighters to complement the existing professional staff. Chief Mulligan replied PFA has 30 volunteer firefighters. Mayor Pro Tem Ohlson asked about the governance model and the Fire District Board. Chief Mulligan replied the Poudre Fire District is a taxing fire district outside the City which has a five - member elected board, two of which sit on the PFA Board. Mayor Pro Tem Ohlson asked why the City is sponsoring three four -person stations as opposed to the Council -recommended two stations. Mayor Hutchinson replied it was a good faith effort by the PFA Board to be responsive to Council's direction. Councilmember Kottwitz stated the third station had previously been discussed. Councilmember Manvel asked about billing for a medical call to which PFA is called, as well as ambulance service. Chief Mulligan replied the ambulance service will be billed to the patient but the fire service will not. Councilmember Manvel stated the issue should be considered. Councilmember Manvel asked about efficiency in writing reports. Gross replied PFA is unable to provide laptop computer services similar to Police.Services. Reports are required to be completed on computers in the station prior to the end of each shift. 234 March 15, 2011 Councilmember Roy asked for a cost estimate for the total number of calls annually. Chief Mulligan replied the entire operations budget would be the cost, approximately $16 million. Councilmember Roy asked about best practices in other communities to reduce the cost allocated for fire protection. Chief Mulligan replied PFA costs are lower than many other neighboring areas. Councilmember Roy asked about the geographical limits of firefighters' residences. Chief Mulligan replied there are no specific limits. Councilmember Roy asked if PFA works with neighboring communities for cost savings. Chief Mulligan replied PFA participates in a training consortium with Cheyenne, Laramie, Loveland, Greeley, Longmont, and Boulder. Automatic aid and mutual aid agreements are also in place with neighboring communities and PFA receives more aid than it gives. Councilmember Roy asked how TIF awards affect PFA operations and economics. Chief Mulligan replied he would provide the information. Mayor Pro Tern Ohlson asked about the level of downtime and the addition of more people per shift. Chief Mulligan replied the number of calls has increased and there are pre -plans, education, and other activities keeping firefighters from too much downtime. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2011-029. Councilmember Manvel stated PFA and its personnel are outstanding and supported the funding choices. Councilmember Poppaw thanked Chief Mulligan and firefighters who helped work for the passage of 2B. Councilmember Roy thanked firefighters who helped work for the passage of 2B. Councilmember Kottwitz discussed the high level of integrity of PFA and asked about the time commitment, training costs, and recruitment for volunteer firefighters. She expressed interest in having discussions about ambulance and fire service charges and noted this proposal has changed over time. Councilmember Troxell supported PFA and its personnel. Mayor Pro Tern Ohlson thanked firefighters for working for the passage of 2B but stated he continues to have questions relating to staffing. Mayor Hutchinson discussed his service on the PFA Board and noted PFA fully participates in the Budgeting for Outcomes process. He supported PFA and its personnel. 235 March 15, 2011 The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Manvel discussed current development requirements and noted the current system does not take into account the history of the developer when considering variances. He proposed asking staff to examine the feasibility of allowing the Planning and Zoning Board to consider developer history when considering variances. Mayor Hutchinson and other Councilmembers agreed the information would be helpful. Councilmember Roy requested staff examine statewide efforts to aid Japan in its current tragedies. April 5 Council Meeting_ Cancelled Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, as authorized under Section 2-28 of the City Code, that the City Council meeting that is scheduled for April 5, 2011, be cancelled by the Council since that is also the night of the regular City election. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Special Meeting Called Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Roy, as permitted by Section 2-29(A) of the City Code, that the City Council call a special Council meeting to be held at 6:00 p.m. on Tuesday, April 12, 2011, in these same chambers at 300 LaPorte Avenue, at which the first order of business of such meeting will be the administration of the oath of office to the Mayor and Councilmembers who are elected at the April 5 regular City election. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Adjournment Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Troxell, to adjourn to March 22, 2011, to be reconvened in these chambers at the conclusion of the City Council work session that is scheduled to occur at 6:00 p.m. on that date. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. PAU The meeting adjourned at 9:55 p.m. ATTEST: `yoF Ft)RTcp` �trIlAn City Clerk ayor March 15, 2011 237