HomeMy WebLinkAboutMINUTES-03/01/2011-RegularMarch 1, 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 1, 2011,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was an
by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Cheryl Distaso, 135 Sunset, Center for Justice, Peace, and Environment, discussed Character Fort
Collins and noted Mayor Hutchinson informed her there will be an independent investigation
regarding potential religious ties of the organization.
Donovan Dougherty, Fort Collins resident, thanked Councilmember Troxell for assisting him with
his Boy Scout requirements.
Eric Sutherland, 3520 Golden Currant, supported Character Fort Collins.and discussed Fort Collins'
public power system.
Josh Kerson, 244 North College, supported legalizing the use of electric bikes on.City trails and
invited citizens and Council to a demo day on March 26. He discussed modified vehicles spewing
black smoke and asked that Police officers be empowered to stop them.
Kim Sharpe, 900 Marshall Street, Healthier Communities Coalition of Larimer County, Bicycle and
Pedestrian Education Coalition, supported Item No. 21, Resolution 2011-021 Adopting the Bicycle
Safety Education Plan 2011.
Preety Sathe, 3506 Limestone Court, Human Relations Commission member, invited citizens and
Council to a training March 2 regarding employment discrimination and asked for submissions for
candidates for 2011 Human Relations awards.
Rick Price, 1925 Wallenberg, supported Item No. 21, Resolution 2011-021 Adopting the Bicycle
Safety Education Plan 2011 and encouraged training police officers regarding bicycle regulations.
He thanked Mayor Hutchinson and Councilmembers for their service.
Doug Brobst,1625 Independence Road, supported a "night in the life of a neighbor" program to help
educate CSU staff and Councilmembers about the issues in neighborhoods bordering CSU.
Allarch 1, 2011
Jim Reidhead, 707 West Mountain, supported the Eastside/Westside Neighborhood design
standards.
Carrie Byrne, 1801 Broadview, Campus Bicycle Advisory Committee, supported Item No. 21,
Resolution 2011-021 Adopting the Bicycle Safety Education Plan 2011 and encouraged additional
education for Police Officers.
Citizen Participation Follow-up
Councilmember Troxell thanked electric bike supporters and thanked Jim Reidhead for his
community service. He suggested creating decade -by -decade pattern books to provide design
assistance for historic neighborhoods.
Councilmember Poppaw thanked residents who discussed the Bicycle Safety Education Plan and
thanked staff for its work on the item.
Councilmember Roy stated a work session with Tony Frank, CSU President, will occur next week.
He supported bicycle regulation and safety enforcement.
Councilmember Manvel thanked staff for work on the Bicycle Safety Education Plan and thanked
Mr. Reidhead for his comments regarding the Eastside/Westside Neighborhoods.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
CONSENT CALENDAR
6. Postponement of Second Reading of Ordinance No: 123, 2010, Appropriating Funds from
the Citv's Stormwater Reserves for Transfer to the Fort Collins Urban Renewal Authoritv
for the Purpose of Providing a Loan for the Northeast College Corridor Outfall Project
Indefinitely.
On December 7, 2010, the City Council voted unanimously to adopt Ordinance No. 123,
2010 on consent agenda. This Ordinance appropriates funds from the City's Stormwater
Reserves for transfer to the Fort Collins Urban Renewal Authority for the purpose of
providing a loan for the Northeast College Corridor Outfall Project. However, that same
evening, the Urban Renewal Authority Board voted unanimously to postpone consideration
of the loan agreement pertaining to the Northeast College Corridor Outfall project. The primary reason for postponement was the desire to understand the project more fully,
especially the potential environmental impacts of the project. Staff was directed to bring the
item before the City Council Finance Committee for consideration and recommendation
prior to the full Board reconsidering the item. The scheduling of the City Council Finance
Committee briefing has delayed the URA Board's consideration. As a result, this item will
likelybe reconsidered during the summer of 2011. Therefore, Second Reading of Ordinance
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No. 123, 2010 should be postponed indefinitely. A new ordinance appropriating funds from
the City's Stormwater Reserves for Transfer to the Fort Collins Urban Renewal Authority
will be introduced at the same time as the Urban Renewal Authority considers the loan
agreement.
7. Second Reading of Ordinance No. 012 2011 Appropriating Unanticipated Grant Revenue
in the General Fund for Police Services and for the Transfer of Matching Funds Previously
Appropriated in the Police Services Program Budget.
Ordinance No. 012, 2011, unanimously adopted on First Reading on February 15, 2011,
appropriates a grant in the amount of $16,728 from the Bohemian Foundation and additional
funds in the amount of $3,247 from the Colorado Division of Criminal Justice, Juvenile
Diversion, for the continuation of Restorative Justice Services, which includes the
RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing
Program for all other offenses.
8. Second Reading of Ordinance No. 013 2011 Appropriating Unanticipated Grant Revenue
and Transferrine Prior Year Reserves in the Northern Colorado Drug Task Force Reserve
to the General Fund for the Northern Colorado Drug Task Force
This Ordinance, unanimously adopted on First Reading on February 15, 2011, appropriates
grant funds and money from the Northern Colorado Drug Task Force seizure reserve. Fort
Collins Police Services has received two grants from the Office of National Drug Control
Policy and U.S. Department of Justice on behalf of the Northern Colorado Drug Task Force
(NCDTF) to help fund the investigation of illegal narcotics activities in Larimer County.
These two grant awards will be used in conjunction with NCDTF reserves to pay for Task
Force operating expenses in 2011. Combined, these three items equal an appropriation of
$348,649.
9. Second Reading of Ordinance No. 014 2011 Designating the Durward/Hartshorn/Day
Residence and Garage. 1022 South College Avenue as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
This Ordinance, unanimously adopted on First Reading on February 15, 2011, designates
the Durward/Hartshorn/Day residence and garage, 1022 South College Avenue, as a Fort•
Collins Landmark. The owner of the property, Kelly Day, is initiating this request.
10. Second Reading of Ordinance No. 015 2011 Designating the Wiselv/Willard Residence
1114 West Mountain Avenue. as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
Ordinance No. 015, 2011, unanimously adopted on First Reading on February 15, 2011,
designates the Wisely/Willard residence, 1114 West Mountain Avenue, as a Fort Collins
Landmark. The owners of the property, Stephen and Kathleen Willard, are initiating this
request.
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11. Second Reading of Ordinance No. 016, 2011, Authorizing an Agricultural Lease of City -
Owned Property Known as the Maxwell Farm for Up to Five Years.
This Ordinance, unanimously adopted on First Reading on February 15, 2011, authorizes a
lease of Maxwell Farm, an agricultural property owned by the Natural Areas program and
located near County Road 56 and I-25 (approximately two miles north of Fort Collins).
12. First Reading of Ordinance No. 021, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Victim Services Team.
The Fort Collins Police Services Victim Services Team has been awarded a 12-month grant
in the amount of $40,000 for the period from January 1, 2011 to December 31, 2011, by the
Eighth Judicial District Victims Assistance and Law Enforcement (V.A.L.E.) Board to help
fund services provided by this team. These funds will be used for part of the salary for the
victim advocate who provides crisis intervention services during weekday hours and is
housed in the Victim Services office. These funds will also pay for some of the operational
expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in Fort
Collins.
13. First Reading of Ordinance No. 022.2011. Establishing Rental Rates and Delivery Charges
for the Citv's Raw Water for the 2011 Irrigation Season.
This Ordinance 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.
14. First 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 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.
15. First Reading of Ordinance No. 024, 2011. Amending Chapter 2, Article V, Division 3 of
the Citv Code Pertainingto o City Service Areas.
The City Manager and executive leadership team continue to examine and consider ways to
enhance the efficiency and effectiveness of the City organization. The City Manager has
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decided to implement some changes to the City's internal organizational structure. These
changes impact existing service areas which necessitates updates to related provisions of the
City Code.
16. First Reading of Ordinance No. 025, 2011, Authorizing the Convevance 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 (the "Project"). The requested easement consists of 3,558
square feet located within the wetland north of Highway 392 and will be used to construct
box culverts for stormwater control purposes and to maintain the existing wetland
connection under the highway.
17. First 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. The total yearly lease payment for these spaces will be at least $11,200. The term of
the lease shall be for one (1) year with automatic renewal for up to four (4) successive one-
year terms. With this lease, either party will have the option to terminate at any time upon
twelve (12) months advance written notice to the other party. In addition, the tenant is
responsible for the following expenses: taxes, all utilities, and janitorial.
18. First 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. This property has been leased since 2006.
19. First Reading of Ordinance No. 028 2011 Vacating Right-of-way as Dedicated On the Plat
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. The property owner at the
southeast corner of Tamasag Drive and Prospect Road (former Gasamat site) has requested
the vacation of Tamasag Drive. The owner of this parcel is considering redeveloping the
site, but an application for development has not been submitted.
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20. Items Relating to the Fort Collins -Loveland Municipal Airport.
A. Resolution 2011-019 Authorizing the City Manager to Execute a Grant Agreement
with the Colorado Department of Transportation (Colorado Aeronautical Board) for
Funding Pertaining to the Fort Collins -Loveland Municipal Airport.
B. Resolution 2011-020 Authorizing the City Manager to Execute the 2011 Grant
Agreement With the Federal Aviation Administration for Improvements at the Fort
Collins -Loveland Municipal Airport.
The Fort Collins -Loveland Municipal Airport has received grant funds from the Colorado
Department of Transportation (CDOT) — Division of Aeronautics. The grant supports the
FAA and local capital improvement plans. The 2011 grant is $400,000. The Resolution
accepts the grant and authorizes the City Manager to execute the contract documents.
The Airport has also received grant funds from the Federal Aviation Administration (FAA).
As a commercial service airport with over 10,000 enplaned passengers per year the Airport
receives an entitlement grant of $1,000,000. In 2-3 year cycles, the Airport also receives
discretionary grants to tackle large FAA approved airside related projects. It is anticipated
that in 2011, the Airport will be granted up to $7,000,000 from the FAA to support a runway
rehabilitation project. This resolution authorizes the City Manager to execute the grant
award contracts with the FAA.
21. Resolution 2011-021 Adopting the Bicycle Safety Education Plan 2011.
In March 2010, City Council directed staff to prepare a Bicycle Safety Education Plan
(BSEP), including the concepts of a "Master Cyclist' program and a bicycle safety town.
Bicycle education programs are designed to increase bicycle safety by improving the ability
for cyclists to ride safely and increase awareness among all modes of travel. The Plan
focuses on the safety needs of the Fort Collins community while providing practical
solutions and implementation strategies to improve overall safety from both a programmatic
and infrastructure perspective. The BSEP is a component of the 2008 Bicycle Plan and the
recently adopted Transportation Master Plan.
22. Resolution 2011-022-Making Appointments to the Downtown Development Authority.
This Resolution makes appointments to fill current vacancies on the Downtown
Development Authority.
23. Routine Easement.
Easement for construction and maintenance of public utilities from Mitchell and Vicky L.
Green, to install electric transformer and primary system at 224 Wood Street. Monetary
consideration: $0.
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***END CONSENT`**
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 012, 2011, Appropriating Unanticipated Grant Revenue
in the General Fund for Police Services and for the Transfer of Matching Funds Previously
Appropriated in the Police Services Program Budget. '
8. Second Reading of Ordinance No. 013, 2011, Appropriating Unanticipated Grant Revenue
and Transferring Prior Year Reserves in the Northern Colorado Drug Task Force Reserve
to the General Fund for the Northern Colorado Drug Task Force.
9. Second Reading of Ordinance No. 014, 2011, Designating the Durward/Hartshorn/Day
Residence and Garage, 1022 South College Avenue as a Fort Collins Landmark Pursuant to
Chapter 14 of the City Code.
10. Second Reading of Ordinance No. 015, 2011, Designating the Wisely/Willard Residence,
1114 West Mountain Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
11. Second Reading of Ordinance No. 016, 2011, Authorizing an Agricultural Lease of City -
Owned Property Known as the Maxwell Farm for Up to Five Years.
Ordinances on First Reading were read by title by City Clerk Krajicek.
12. First Reading of Ordinance No. 021, 2011, Appropriating Unanticipated Grant Revenue in
the General Fund for the Police Services Victim Services Team.
13. First Reading of Ordinance No. 022, 2011, Establishing Rental Rates and Delivery Charges
for.the City's Raw Water for the 2011 Irrigation Season.
14. First 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.
15. First Reading of Ordinance No. 024, 2011, Amending Chapter 2, Article V, Division 3 of
the City Code Pertaining to City Service Areas.
16. First 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.
17. First 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.
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18. First.Reading of Ordinance No. 027, 2011, Authorizing the Lease of City -Owned Property
Located at 2313 Kechter Road for Up to Five Years.
19. First Reading of Ordinance No. 028, 2011, Vacating Right-of-way as Dedicated On the Plat
of the Griffin Plaza Subdivision.
27. First Reading of Ordinance No. 029, 2011, Repealing And Reenacting Division 1, Article
IV of Chapter 15 of the City Code Relating To Door -To -Door Solicitation.
28. Items Relating to the Green Building Program.
A. First Reading of Ordinance No. 030, 2011, Amending Chapter 5, Article II, Division
2, of the City Code for the Purpose of Amending the 2009 International Building
Code as adopted.
B. First Reading of Ordinance No. 031, 2011, Amending Chapter 5, Article II, Division
2, of the City Code for the Purpose of Amending the 2009 International Energy
Conservation Code as Adopted.
C. First Reading of Ordinance No. 032, 2011, Amending Chapter 5, Article II, Division
2, of the City Code for the Purpose of Amending the 2009 International Residential
Code as Adopted.
D. First Reading of Ordinance No. 033, 2011, Amending Chapter 5, Article IV, of the
City Code for the Purpose of Amending the 2009 International Mechanical Code as
Adopted.
E. First Reading of Ordinance No. 034, 2011, Amending Chapter 5, Article IV, of the
City Code for the Purpose of Amending the 2009 International Fuel Gas Code as
Adopted.
F. First Reading of Ordinance No. 035, 2011, Amending Chapter 5, Article V of the
City Code for the Purpose of Repealing the Uniform Plumbing Code and Adopting
a Local Amendment to the Colorado Plumbing Code to Establish Water Flow Rate
Restrictions on Certain Fixtures.
29. Items Relating to the Implementation of Plan Fort Collins, Including Amendments to Three
Subarea Plans and the Land Use Code.
A. First Reading of Ordinance No, 036, 2011, Making Amendments to the Land Use
Code Implementing Policies of the 2010 Update of City Plan.
B. First Reading of Ordinance No. 037, 2011, Amending the Zoning Map by Changing
the Name of the "Commercial District (C)" to "General Commercial District (C-G)."
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Thomas Edwards, Fort Collins Bicycle Coalition, withdrew Item No. 21, Resolution 2011-021
Adopting the Bicycle Safety Education Plan 2011.
Councilmember Roy withdrew Item No. 15, First Reading of Ordinance No. 024, 2011, Amending
Chapter 2, Article V, Division 3 of the City Code Pertaining to City Service Areas.
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.
Consent Calendar Follow-up
Mayor Pro Tern Ohlson asked, regarding Item No. 14, First 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, how citizens
are to determine complete departmental budgets, given some vehicles are owned by fleet services
and some are not. Ken Mannon, Operations Services Director, replied all new vehicles are replaced
within each department's budget. Once the vehicle goes into the fleet, it is the responsibility of Fleet
Services to replace it.
Mayor Pro Tern Ohlson asked that the information be more readily available for citizens. City
Manager Atteberry replied staff would work on the issue. Mannon stated it would be possible for
the initial capital purchases to be made by Fleet Services and have the individual departments pay
to lease the vehicle.
Staff Reports
City Manager Atteberry discussed the Governor's Arts Awards Luncheon he attended with Mayor
Hutchinson and Jill Stillwell, Cultural Services Director. Stillwell stated Fort Collins was honored
with the 2011 Governor's Arts Award.
Councilmember Reports
Councilmember Manvel gave a report regarding Municipal Court and stated Judge Lane's caseload
has increased. He discussed the expiration of the City's 2-year amnesty program to register
duplexes.
Mayor Hutchinson stated the ad hoc Municipal Court committee, consisting of the Mayor and two
Councilmembers, has greatly improved oversight of the Court and Judge.
Councilmember Roy commended Stillwell and staff for receipt of the Governor's Arts Award.
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Councilmember Troxell stated he attended the Women's Commission breakfast and commended
the Women's Commission for its work to include other boards and commissions in its efforts. He
asked if it would be possible for other boards and commissions to communicate between each other.
Councilmember Poppaw stated many of her boards and commissions have liaisons to other boards
and she supported the idea of furthering that concept.
Ordinance No. 029, 2011,
Repealing And Reenacting Division 1, Article IV of Chapter 15 of the City Code
Relating To Door -To -Door Solicitation. Withdrawn on First Reading
City Manager Atteberry recommended postponement of Item No. 27 First Reading of Ordinance
No. 029, 2011, Repealing And Reenacting Division 1, Article IV of Chapter 15 of the City Code
Relating To Door -To -Door Solicitation for additional community conversation.
Items Relating to the Green Building Program. Adopted on First Reading
r
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 030, 2011, Amending Chapter 5, Article II, Division 2, of
the City Code for the Purpose of Amending the 2009 International Building Code as
adopted,
B. First Reading of Ordinance No. 031, 2011, Amending Chapter 5, Article II, Division 2, of
the City Code for the Purpose ofAmending the 2009 International Energy Conservation
Code as Adopted.
C. First Reading of Ordinance No. 032, 2011, Amending Chapter 5, Article II, Division 2, of
the City Code for the Purpose of Amending the 2009 International Residential Code as
Adopted.
D. FirstReadingofOrdinanceNo.033,2011,AmendingChapter 5,Article IV,oftheCity Code
for the Purpose ofAmending the 2009 International Mechanical Code as Adopted.
E. First Reading of Ordinance No. 034, 2011, Amending Chapter 5, Article IV, ofthe City Code
for the Purpose ofAmending the 2009 International Fuel Gas Code as Adopted.
F. First Reading of Ordinance No. 035, 2011, Amending Chapter 5, Article V of the City Code
for the Purpose of Repealing the Uniform Plumbing Code and Adopting a LocalAmendment
to the Colorado Plumbing Code to Establish Water Flow Rate Restrictions on Certain
Fixtures.
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Implementation of the Fort Collins Green Building Program has the primarygoal of better aligning
the built environment with community goals of reduced carbon emissions, reduced energy use and
reduced water use. The Green Building Program framework is designed to support market
transformation through a combination of regulatory and voluntary elements. Green Building
Program work over the past year has focused on developing a package of "green amendments "for
incorporation into the Fort Collins Building Code. This process has been led by staff, working
closely with stakeholders. The proposed amendments address opportunities with regard to resource
efficiency, energy efficiency, water efficiency, indoor and outdoor environmental quality, and
buildings operation and maintenance. The benefit cost analysis shows an overall netpositive benefit
compared with buildings constructed to current Code requirements. The changes in Code
requirements are projected to increase initial design and construction costs by 1 % to 2% for
residential buildings and 1 % to 4%for commercial buildings. Among other benefits, the proposed
changes will provide energy, water and carbon savings compared with buildings constructed to
current Code requirements. Staff recommends the green amendments become effective January 1,
2012, with the exception of the amendments establishing more stringent requirements for electrically
heated buildings, to be effective upon adoption.
BA CKGRO UNDIDISCUSSION
Implementation of a Green Building Program was identified as a City Council priority during the
2010 — 2011 budget process, with a primary goal of better aligning Fort Collins' built environment
with community goals of reduced carbon emissions, reduced energy use and reduced water use.
Green building has a strong policy basis with the 2008 Climate Action Plan, 2009 Energy Policy
and 2009 Water Conservation Plan.
The Utilities department is leading the effort of developing the Green Building Program in close
collaboration with Community Development and Neighborhood Services (CDNS).
The Green Building Program framework is designed to support market transformation through a
combination of regulatory and voluntary, market -driven elements. Green Building Program work
to date has focused on developing a package of "green amendments "for incorporation into the Fort
Collins Building Code.
Green Amendment Development Process
After review of national model green building codes and standards, staff recommended to City
Council at the July 13, 2010 Work Session that the project focus on developing a strategic selection
of effective amendments to further "green " the existing Building Codes. A majority of Council
members supported the recommendation. Developing a green amendment proposal was the focus
of the projectfrom Judy through November 2010. (The 2009 International Codes(I-Codes) package,
adopted by Council in September 2010, is the baseline for these amendments)
The green amendment development process closely involved two Technical Review Advisory
Committees, one focused on the residential sector, the other on the commercial sector. Members
were invited to participate based on their technical and market expertise. Each committee typically
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met twice a month from May through November 2010. Attachment 5 lists committee members.
Attachment 12 lists comments from committee members on the green amendment proposal.
At the December 14, 2010 Work Session, staff presented a draft of the proposed green building
practices under consideration as amendments, along with four additional "options, " a proposed
implementation schedule and a preliminary benefit cost summary. A majority of Council supported
the direction and directed staff to finalise the proposal and develop ordinances for adoption in
March 2011 (Attachment 4).
Since the December Work Session, staff has refined details of the proposal, developed ordinances
to amend the Building Code, finalised the benefit cost analysis and reviewed the proposal with
boards and commissions.
Community Outreach
In addition to the community involvement via the technical review advisory committees, other
community engagement activities have included:
• Web site. Information and opportunities to provide input have been available via the project
web pages at fcgov. com/gbp.
• Public meetings. All advisory committee meetings have been open to the public. Meetings
have been listed on the project web pages and City web calendar.
• Board, commission and other stakeholder meetings. Staff has presented multiple updates
to City boards and commissions and the Green Building Program Advisory Committee
(Attachment 5), as well as to several other stakeholder groups by request. Board and
commission recommendations regarding adoption of the green amendment ordinances are
itemized below.
• Public Open House. A public open hoarse was held on November 17, 2010. The associated
summary offeedback was included in the December Work Session Agenda Item Summary.
Attachment 10 is a log of community engagement activities.
Green Amendments Proposal
The green amendments proposal has changed little from the draftpackagepresented to City Council
at the December 14, 2010 Work Session. "Amendment proposals -at -a -glance " — listing the
proposed green building practices with brief descriptions, for the residential and commercial
sectors — are included as Attachments I and 2. Additional details about each practice are available
at the Green Building Program web pages, w-ww.fcgov.com/gbp.
Proposal refinements made since the December Work Session are as follows:
Occupancy sensor controls of lighting in defined spaces. This measure was added to the
commercial amendment proposal, applicable to commercial and multi family residential
buildings. The proposed amendment would require automatic reduction of connected
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lighting power by at least 50% in corridors, enclosed stairwells, parking garages and other
intermittently used spaces, when these spaces are unoccupied. This measure was added as
a low-cost practice for reducing electric energy use and carbon emissions.
Certified wood. A requirementfor sustainable forestry certification of wood products used
in construction was in the "option " category at the December 14, 2010 Work Session. A
.subset of this has been developed as a proposed amendment. Tropical hardwoods, used in
both residential and commercial projects, would be required to have Forest Stewardship
Council certification. Staff recommends this as an appropriate step for regulation that will
help to stimulate more attention and thought toward the "upstream impacts " of extracting
and processing building materials. Since tropical hardwoods are rarely used in entry-level
projects, this does not represent an added expense to the most cost -sensitive portion of the
market.
Building envelope requirements for electrically heated residential buildings. The
December 2010 draft package included more stringent thermal requirements for attics,.
frame walls, windows, crawl spaces and air leakage of electrically heated buildings,
reflecting the significantly higher cost to heat with electricity versus natural gas The
refinements increase stringency for basement walls, slab -on -grade foundations and mass
walls as well, to more comprehensively address electrically heated buildings.
Effective date for electric heat buildings amendments. Based on Council direction at the
December 14, 2010 Work Session, the amended envelope requirements for electrically
heated buildings are proposed to become effective upon adoption of the amendment
ordinances. The proposed effective date for the balance of the amendments is proposed as
January 1, 2012.
Other "options " discussed with Council at the December 14, 2010 Work Session, not included in
the final proposal, are:
• Envelope requirementsforgas-heatedhomes. Staffrecommends that thermal req uirements
for gas -heated residential buildings not be increased beyond those in the recently adopted
2009 I -Code package. In staff's experience, the more important next step in achieving
thermal envelope efficiency is increased focus'on the details necessary to install components
so they deliver rated performance. This is what drives the amendments regarding insulation
installation standards and installation proceduresfor windows, skylights and doors, as well
as plans for training and developing field guides that clearly illustrate important thermal
envelope details. Staff expects to recommend that the next steps in thermal envelope
requirements be taken with the 2012 I -Codes package, currently planned for adoption in
2013.
• Renewable energy. Staff recommends that renewable energy requirements remain in the
voluntary, market -driven realm at this time, because they represent a much larger increase
in first cost than anything else included in the proposal. For example, the installed cost of
a typical solar electric system for residential use, three kilowatt peak capacity, is on the
order of $18, 000. This would add about 7% to the cost of the residential prototype house
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used for the benefit cost analysis, far greater than the total estimated cost increase
associated with the green amendment proposal as a whole (see "Financial/Economic
Impacts" below). It would produce. about half of the electrical energy used by a typical
customer. The average cost of the electricity produced by the photovoltaic system (over a,
20 year life, with a 7% discount rate), would be about $0.40 per kilowatt-hour, compared
to the current Fort Collins Utilities' residential rate of about $0.08/kWh. The same -sized
system on the commercial prototype would add about 1 % to the cost of the building, while
meeting only about 3% of annual electrical needs. The $18,000 cost assumes no tax
incentives or utility rebates.
Higherperformance requirementsfor larger homes. Staffrecommends that variable green
requirements, based on house size, not be incorporated as part of the Building Code.
Though a case can be made that larger homes built to the same standards as smaller homes
have a larger environmental footprint, preliminary discussion at stakeholder meetings
suggested that mandating stricter standards would be very controversial. This approach is
incorporated in the national, voluntary green building ratingsystems as well as the updated
ENERGY STAR®Homes standard that will be effective in January 2012. As other portions
of the Green Building Program develop, the City may offer increasing levels of recognition
and/or incentives based on some of these programs. Staff recommends gaining more
experience through the voluntary approaches before addressing this through a Code
requirement. Attachment 7 provides data on the sizes of single family homes built in Fort
Collins from 2005 through 2010.
Proposed ordinances have been developed to incorporate the green practices as amendments to the
existing Fort Collins Building Codes. Table 1 itemizes the specific Codes that will be amended and
how they apply to different building types.
Table 1: Building Code and Green Amendment Applicability, by Building Type
Building Type
Residential:
Single -Family Detach
residential:
All Commercial
Mulltifamily 4-
Building Code
Duplexes
� fulti family 1-Story
Story
Townhouses
to 3-Story
and Hither
International Building
Applies
Applies
Code
International Residential
Applies
Code
International Energy
Applies (Chapter 4)
Applies (Chapter 4)
Applies (Chapter
Conservation Code
5
International Mechanical
Applies
Applies
Code
Colorado Plumbing Code
Applies
Applies
International Fuel Gas
Applies
Applies
Code
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March 1, 2011
Green Building Practices Not Included in Proposed Amendments
Green building practices that were considered in the development process but not included in the
proposed amendment package are listed in Attachment 6. Many of these practices are already
addressed to some extent by current Fort Collins Codes or will be promoted through voluntary
Green Building Program elements (education, training, recognition, incentives). Some will likely
be reviewed in the future for inclusion in other parts of the City Code or the Land Use Code.
Implementation Planning
Staff recommends a high level of support be provided for a smooth transition to the new Code
requirements. A proposed effective date ofdanuary 1, 2012 for all but the electric heat amendments
was supported by Council at the December 14, 2010 Work Session. The period between adoption
and implementationprovides time to detail certification requirements and testingprotocols, develop
new submittalforms and templates associated with the amendments, developfueld guides illustrating
acceptable techniques for compliance, and provide training for contractors and enforcement staff.
Utilities and CDNS will closely work together in support ofa successful transition. Table 2 outlines
general City responsibilities, by department:
Table 2: Implementation Roles and Responsibilities
Community
Utilities
Description
Development and
Energy
Neighborhood Services
Services
Development of verification procedures
Primary
Secondary
Development of support materials
Secondary
Primary
Training and education (contractors, inspectors,
Secondary
Primary
public)
Day-to-day implementation (plan review, field
Secondary
inspections, administration)
Primary
(technical
support)
Monitoring and evaluation of the implementation
Secondary
Primary
process and results
FLV4NCL4L/ECOIVO,YIIC LIIPACTS
Benefit Cost Analysis
A. benefit cost analysis of the proposed green amendments considers benefits and costs related to
owners/occupants, the building sector and the community/ecosystem. The report, Attachment 3,
describes the methodologies and assumptions used in the analysis.
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March 1. 2011
Results show:
• The proposed green amendments align with Fort Collins community goals embodied in the
Ener,V Policy (2009), Water Conservation Plan (2009) and the Climate Action Plan (2008),
while providing a variety of benefits for building owners and occupants.
• Costs incurred at the individual, building sector or community/ecosystem levels can produce
benefits at multiple levels.
• Near -term cost increases, associated with the design and construction ofa buildingproject,
are balanced by recurring benefits delivered over the life of the building. Other community -
level benefits improve the economic picture.
• Initial cost increases projected for building projects are not insignificant, but represent
relatively small percentage increases (1 % to 4%); these are within typical variance ranges
for construction. It is anticipated that increased design and construction costs incorporated
in this analysis will decrease as contractors gain experience and infrastructure matures.
There are exemplary green, high-performance buildings in Fort Collins that deliver a strong
array of benefits with little or no cost increase compared with conventional construction.
• Reductions of energy, water and carbon are projected on the order of 5% to 10% for
residential projects and 20% to 30% for commercial projects.
• The proposed green amendments do not provide a quick ` payback" for building owners,
based on a traditional view of utility savings compared with increased design and
construction costs.
• Increases in Code enforcement time are estimated on the order of 45% for residential
projects and 25%for commercial projects, requiring additional staffing.
Using generally conservative assumptions and the elements quantified to date, total benefits are
projected to exceed total costs, with a benefit -to -cost ratio of 1.3.
There are direct costs to the City in two areas:
• Development of support materials and training. These pre -implementation phase costs,
estimated at $100, 000, will primarily be incurred in 2011. They are one-time costs. The
planned materials and training, discussed above under "Implementation Planning, " will
support a smooth transition to the new Code requirements. Farads covering these needs have
been appropriated in the Utilities 2011-2012 budget.
Enforcement. The amendments will represent increased enforcement staff time. This cost
has been accounted for in the benefit cost analysis. Council recently allocated fimdingfrom
Amendment 2B revenues to cover increased enforcement staffing, for 2011 and 2012. This
means that, in this time frame, building permit fees will not increase as a result of the green
amendments.
Appraisal/valuation
The benefit cost analysis documents ranges of increased initial design and construction costs
associated with the proposed green amendments for prototypical buildings. Staff is aware of
potential appraisal and underwriting challenges related to these cost increases. Residential
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March 1. 2011
appraisal procedures have become much more tightly regulated since the recent mortgage
foreclosure crisis, leaving appraisers little latitude in recognizing non-standard features. These
challenges can be real for any building containing features which have not yet been widely
implemented in the market. The challenges are not specific to Fort Collins or green building; they
are national in scope and part of the challenges buyers face when trying to secure financing for a
home they wish to build or buy.
Efforts are underway at the state and national level to modify regulations to make it possible to
more readily recognize the benefits ofgreen features in the appraisal process. "Green fields "were
recently added to the Multiple Listing Service database serving Northern Colorado. Education and
public awareness building in Fort Collins will also help to increase market recognition of these
benefits.
The proposed green amendments are not unlike other Code updates that have occurred on a regular
basis for many years. Typically, Code updates include increased requirements related to health,
safety and energy, many of which are not immediately recognized by the marketplace. The most
recent Fort Collins Code update went into effect in October 2010 with, for example, increased
prescriptive insulation requirements for single-family homes. Appraisal and valuation issues have
not generally been an issue for previous Code updates in Fort Collins.
Development trends
Some stakeholders have expressed concern that adding new regulations to construction in Fort
Collins may drive development to nearby communities with less stringent building codes. This, in
turn, could potentially undermine the green intent ofthe proposed amendments by increasing vehicle
miles traveled and associated environmental effects. These stakeholders have pointed out that
construction activity is currently very low in Fort Collins and that the proposed amendments may
cause a further decline.
Council members asked staff to provide information on development trends in Fort Collins,
regionally and nationally to help better understand these dynamics. Relevant data is summarized
in Attachment 8. Construction activity in Fort Collins, while currently low, is not as low as
comparable Northern Colorado communities; it has actually outperformed the comparables in 2008
to 2010.
As indicated in the benefit cost analysis, concerns about higher initial costs associated with
increased Code requirements are balanced by a variety of otherfactors. A higherprofile forgreen
building can increase a community's competitive advantage, attracting development and business.
The U.S. Green Building Council outlines a business case for green building for commercial
building owners (Attachment 9). This information suggests that green building is a competitive
differentiator, mitigates risk, attracts tenants, is cost-effective and increases rental rates. All of
these factors bolster the City's economic health.
ELWIRONtiMENTAL IMPACTS
The proposed amendments provide a variety of environmental benefits. Though construction will
continue to have environmental impacts, buildings meeting the proposed amendments will have less
impact than buildings built to the current code.
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March 1, 2011
• Energy savings. These areprojected at 5% to 10% ofannual usefor residential construction
and 24% to 36%for commercial construction.
• Water savings. These are projected at 5% to 10% of total annual use for residential
construction and about 20% of indoor water use for commercial construction. Less water
use translates to reduced wastewater treatment needs.
• Carbon reduction. These are projected at 5% to 10% of annual emissions for residential
construction and 17% to 26% for commercial construction.
• Landfill diversion. The construction waste recycling amendment will divert materials from
the landfill. Enhanced durability anticipated to resultfrom several amendments will reduce
maintenance requirements and associated waste disposal. These benefits have not been
quantified.
• Sustainable forests. The certified wood amendment will require tropical hardwoods used in
construction projects to be obtained from sustainably managed forests. Benefits will be
"upstream, " in the areas from which the lumber is harvested, rather than in Fort Collins.
Impacts have not been quantified.
More information is provided in the benefit cost analysis report. "
Brian Janonis, Utilities Executive Director, discussed the environmental, economic, and social
benefits of the Program.
Bruce Hendee, Assistant to the City Manager, stated the Program presents an incremental change
that elevates the Green Building environment but does not mandate extraordinary costs.
John Phelan, Energy Services Manager, state the primary goal of the Green Building Program is to
align the built environment with community goals around reducing carbon emissions, energy and
water use. The Building Review Board did not recommend adoption of the Ordinances; the Air
Quality Advisory Board did recommend adoption of the Ordinances. These Ordinances will begin
a more intentional process to make green building mainstream in Fort Collins.
Jeff Schneider, 755 Peregrine Run, thanked staff for work on the item but opposed the Green
Building Program Ordinances.
Rick Cohen, solar installer, commended staff on the community input process and stated this
Program is an incremental step which is not too strict so as to inhibit development.
Sean Dougherty, Fort Collins Board of Realtors President, supported the Green Building Program
with the exception of preferring an incentive -based approach as opposed to a regulatory approach.
Additionally, the Board is concerned with the cost and ability of bringing older structures into
compliance with remodel and addition requirements.
Clint Skutchan, Fort Collins Board of Realtors Executive Vice -President, thanked staff for work on
the Program and expressed overall support of the Ordinances.
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March 1, 2011
Councilmember Troxell asked how many new home construction starts have occurred in the last
year. Steve Dush, Community Development and Neighborhood Services Director, replied there
were 171 single-family detached home starts in 2010.
Councilmember Troxell asked how many of the 171 homes would have met the proposed mandatory
requirements. Phelan replied he was unsure of the exact number but stated only a few builders target
a green building or higher performance market place and none would have been requirement to meet
these regulations in 2010.
Councilmember Kottwtiz asked about the applicability of these Ordinances to redesign projects,
such as carpet replacement. Phelan replied these Ordinances apply only to projects requiring a.
building permit.
Councilmember Kottwitz asked about economic and environmental assumptions in terms of
redesigning projects which would initially fall under these requirements but may not be redesigned
under these requirements. Phelan replied conservative estimates were made in terms of long-term
benefits.
Councilmember Kottwitz noted the Affordable Housing Board was concerned about this program
not being voluntary for affordable housing units. She asked if there is precedent for making the
program voluntary for affordable housing. Phelan,replied he had not seen a case of that.
Mayor Hutchinson noted Council has historically not placed regulations on existing homes which
would need to be retrofitted to meet the, standards. He asked about unintended impacts of remodels
and additions which would be required to meet the standards. Phelan replied the proposed
amendments do not change the scope of when building permits would be required. An unintended
impact may result from the combustion safety, or carbon monoxide, testing of water heaters and.
furnaces.
Mayor Pro Tern Ohlson asked about the green building items which were not"included in the
Ordinances and noted the entire list of unaccepted commercial items was included in the staff report.
He asked for the entire list of residential items that were not included prior to Second Reading.
Phelan replied the commercial review committee used different processes than did the residential
review committee, which resulted in the variance.
Mayor Pro Tern Ohlson asked about the factors for items not being included in the Ordinances.
Phelan replied the committees were made up of a broad range of individuals, many of whom are in
the construction trade, and some of whom were overwhelmed by the idea of adoption of the entire
International Green Building Code.
Gary Schrader, Utilities Energy Services Engineer, facilitator on the commercial review committee,
stated, for example, the committee opted to recommend requiring a no -cost energy assessment for
building alterations.
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March 1, 2011
Mayor Hutchinson asked about the cost -benefit analysis of each of the items. Schrader replied cost -
benefit analyses were part of all discussions and those items with the highest benefits were often the
items remaining on the list.
Councilmember Kottwitz asked why the regulations are effective immediately for electrically heated
buildings and nine months later for the other regulations. Phelan replied the later effective date was
provided to allow for a smooth transition and for the Building Department to prepare. The electric
heat amendments have been part of older versions of the Code so they were deemed appropriate to
have an immediate effective date.
Councilmember Troxell noted there is a one-time training cost of $100,000 in 2011 and asked if that
will be ongoing. Phelan replied that cost represents the start-up training to help the building
community become familiar with the amendments. Mike Gebo, Building Department, replied the
$100,000 is the City's cost to implement the new Codes, including, additional plan review and
additional inspections. Some of those costs are included in the adopted budget.
Councilmember Kottwitz asked what types of incentives other communities have used when
instituting these as voluntary measures. Phelan replied there are financial incentives, such as the
commercial Integrated Design Assistance Program which provides incentives based on the actual
performance of the building from an electrical savings perspective. There are also recognition
incentives.
Councilmember Roy asked about partnerships with PRPA. Phelan replied existing commercial
energy efficiency rebates and incentives are co -funded between PRPA and Fort Collins Utilities.
The amount this year is about $900,000 total. The wholesale purchase power costs are in the upper
$80 millions.
CouncilmemberRoy encouraged attempts to increase the PRPA input.
(**Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
030, 2011, on First Reading.
Councilmember Troxell asked when the next update to these Codes would come out. Phelan replied
the next update would be in 2012 and would be published in 2013.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to make amend all
the Ordinances to make all mandates incentive -based and voluntary.
Councilmember Manvel stated compromises have been made and he would not "support the motion.
He noted many of these regulations are currently voluntary.
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March 1, 2011
Councilmember Poppaw stated she is the Vice -Chair of the Fort Collins Housing Authority and
stated green building is becominZD
g the norm. It would be a misstatement to say it will be a problem
for affordable housing.
Councilmember Kottwitz noted the Affordable Housing Board recommended making the proposed
changes to the Code voluntary, at least for affordable housing, as enforcing the requirements would
result in fewer affordable housing units being built.
Councilmember Poppaw read from a memo from the Fort Collins Housing Authority and noted
green building issues are important to people living in affordable housing.
Mayor Pro Tern Ohlson stated staff developed exactly what was requested: a meaningful change but
not an overreach. He noted some of the issues are health and safety issues and stated the following
boards recommended adoption of the Ordinances: Economic Advisory Board, Natural Resources
Advisory Board, Water Board, Air Quality Board, Landmark Preservation Commission, and the
Electric Board. He stated he would support the Ordinances as proposed.
Mayor Hutchinson stated, in examining costs and benefits, there is potentially room for making
some of the regulations voluntary. He stated he would support the amendment.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Troxell. Nays: Manvel,
Ohlson, Poppaw and Roy.
THE MOTION FAILED.
Councilmember Manvel stated staff has already completed a cost -benefit analysis.
Councilmember Kottwitz stated voluntary measures with incentives would further decrease the cost,
ideally with the same benefit. Voluntary measures should come before mandatory measures. She
thanked staff for work on the item.
Councilmember Troxell stated there are remaining implementation issues and he would not support
the Ordinances.
The vote on the motion to adopt Ordinance No. 030, 2011 on First Reading was as follows: Yeas:
Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
0j 1, 2011, on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays: Kottwitz
and Troxell.
THE MOTION CARRIED.
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March 1, 2011
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
032, 2011, on First Reading.
Mayor Hutchinson stated voluntary regulations would be more appropriate for this Ordinance.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to amend Ordinance
No. 032, 2011 to make all mandates incentive -based and voluntary. .
Councilmember Troxell stated it is not necessary to mandate, even though it is possible.
Councilmember Manvel stated it is important to make a baseline with greater benefits for not a large
increase in cost.
Mayor Pro Tem Ohlson stated there is a cost to inaction and well -written, appropriately enforced
regulations are critical for functioning societies and economies.
The vote on the motion to amend was as follows: Yeas: Hutchinson, Kottwitz and Troxell. Nays:
Manvel, Ohlson, Poppaw and Roy.
THE MOTION FAILED.
The vote on the motion to adopt Ordinance No. 032, 2011, on First Reading, was as follows: Yeas:
Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 033, 2011, on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays:
Kottwitz and Troxell.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 0343 2011, on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays:
Kottwitz and Troxell.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
035, 2011, on First Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw and Roy. Nays: Kottwitz
and Troxell.
THE MOTION CARRIED.
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March 1, 2011
Items Relating to the Implementation of Plan Fort Collins, Including Amendments to
Three Subarea Plans and the Land Use Code Adopted on First Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUALVIARY
A. First Reading of Ordinance No, 036, 2011, Making Amendments to the Land Use Code
Implementing Policies of the 2010 Update of City Plan.
B. First Reading of Ordinance No. 037, 2011, Amending the Zoning Map by Changing the
Name of the "Commercial District (C) " to "General Commercial District (C-G). "
C. Resolution 2011-023 Amending the Fossil Creek Reservoir Area Plan, the Mountain Vista
Subarea Plan and the Northwest Subarea Plan to Comport with the 2010 Update of the
City's Comprehensive Plan Known as "Plan Fort Collins ".
The Resolution and Ordinances implement amendments to three subarea plans and the Land Use
Code related to adoption of the update to City Plan.
BA CKGR O UND/D IS C USSIO N
The Land Use Code was first adopted in March 1997. Subsequent revisions have been
recommended on a regular basis to make changes, additions, deletions and clarifications. The
current proposed changes result from the recent update to City Plan, which identifies specific
amendments to the Land Use Code to be implemented concurrent with the adoption of City Plan.
The proposed changes are listed in City Plan as follows:
Land Use Code Amendments
Neighborhoods and Housing
Amend Low Density Mixed -Use Neighborhoods (L-M-N) requirements regarding: (1) mix
of housing; (2) density requirements; and (3) neighborhood convenience centers (building
footprints for retail and offices).
• Eliminate Infill Area and retain flexible densityfor smaller projects.
Community Appearance and Design and Others
Establish gateway standards for the I-251392 Interchange (as part of the interchange
project).
Change all references in the Land Use Code and the Zoning !Clap from Commercial to
"General Commercial " to improve clarity and match zoning map text.
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March 1, 2011
These items are more fully described in Attachment I -List of Land Use Code Issues and Attachment
2 - I-251SH 392 Interchange Project- Corridor Activity Center - Proposed Gateway Standards.
The Resolution, providing revisions to three subarea plans, is directly related to the proposed
amendments to the L-ttii--N density standards. Changes are needed to ensure that L-M-N density
numbers in these subarea plans are consistent with City Plan and the Land Use Code. These
changes are more fully described in Attachment 3-Subarea Plan Amendment Report.
City Council has held two worksessions regarding the amendments, the first on December 14, 2010
and the second on February 8, 2011. At these work sessions, Council asked questions and provided
policy direction (See Attachment 4). A follow-up memo was provided with responses to several
questions that could not be answered during the February Work Session.
Since the February 8, 2011 YVork Session, staff made one change to the Land Use Code
amendments:
Amend 3.9.12 Corridor Activity Center Design Standards (Draft Ordinance page 2 and Land
Use Code Item #866). The Code revision has been changed to establish a maximum building
height of 90 feet, rather than 6112 stories or 90 feet. The purpose of this change is to provide
a simpler and clearer numeric building height standard.
FINANCML/ECONOMIC IMPACTS
There are no direct financial impacts to the City as a result of these amendments. The proposed
amendments represent a follow up implementation action with the City Plan update, and the Plan
addresses the tenets of sustainability — economic, environmental and human.
ENVIRONMENTAL LVPACTS
There are no direct environmental impacts as a result of these amendments. The proposed
amendments represent a follow lip implementation action with the City Plan update, and the Plan
addresses the tenets of sustainability — economic, environmental and human. "
Timothy Wilder, Senior City Planner, discussed the Ordinances and Resolution which will make the
Land Use Code consistent with City Plan and Plan Fort Collins. The purpose of the amendments
to the LMN zone is to increase the mix of housing in new Low Density Mixed -Use projects. The
renaming of the Commercial zone district to General Commercial will provide consistent naming
within the City's commercial zone districts. Changes to the I-25/392 interchange are intended to
increase the quality of standards at the interchange and achieve a consistent set of standards between
Windsor and Fort Collins. Changes to subarea plans are needed to ensure consistency between these
plans, City Plan, and the Land Use Code. Wilder discussed the public outreach completed as part
of the process.
illy.
March 1, 2011
Bill Pelissier, Pueblo resident, requested the use of insulated stucco be allowed without restriction.
He stated the proposed Ordinance will discourage design professionals from the use of any insulated
stucco at all.
James Mercer, Colorado Springs resident, requested the use of insulated stucco be allowed without
restriction.
Mark Austin, Longmont resident, requested the use of insulated stucco be allowed without
restriction.
Councilmember Kottwitz asked if Council would be violating Windsor's regulations by allowing
the use of insulated stucco and whether or not the two towns would meet to discuss the issue. Pete
Wray, Senior City Planner, replied direction to identify and approve this package of design standards
was outlined in the intergovernmental agreement adopted by Council in December. The design
standards need to be finalized by March 31, 2011. As currently designed, the aforementioned
standard calls for a masonry product at the building entrance elevation of future commercial
buildings, visible from a public street. Those materials include brick, stone, synthetic stone, or
textured or split faced concrete block. Windsor and Fort Collins staff met with the synthetic stucco
trade group and staff is working with Windsor to provide additional language to identify where other
materials could be applied.
Councilmember Kottwitz expressed concern about excluding this product, if it is the least expensive
and most environmentally sound. Ted Shepard, Chief Planner, replied staff did examine the
building materials from an aesthetic perspective and Fort Collins is relying on the adopted 2009
IEEC Commercial Building Code for these and all commercial buildings. Changes to the language,
to be presented prior to Second Reading, clarify that synthetic stucco is not prohibited altogether,
but only at the first floor level.
Councilmember Kottwitz asked for photos of acceptable stucco construction to be presented prior
to Second Reading.
Councilmember Troxell asked about the R value for stone. Shepard replied all requirements of the
2009 IEEC standards must be met.
Councilmember Troxell asked about the added R value of stucco and how it relates to the green
building requirements just adopted on First Reading. Shepard replied the R value is gained" from
the Styrofoam behind the stucco.
Councilmember Kottwitz asked for staff input regarding statements made by the stucco group that
their product can be made to look like any of the other acceptable materials. Wray replied the
industry has provided staff with photos of these types of designs but staff has not been convinced
they reflect authentic masonry products in texture or appearance.
Mayor Hutchinson asked if durability is a consideration. Shepard replied staff relied on adopted
Codes in terms of durability.
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March 1, 2011
Councilmember Roy asked Mr. Pelissier if he was aware the stucco product would be acceptable
for other parts of the building. Mr. Pelissier replied the proposed regulation is unclear as to the
restriction in regard to views from the right-of-way.
Councilmember Roy asked for staff clarification. Shepard replied. staff is working on language
clarification for Second Reading. Synthetic stucco will be allowed on floors above the ground floor
on the building side facing the right-of-way, or at any level on any building side not facing the right -
of --way.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
036, 2011, on First Reading.
Councilmember Kottwitz stated she would support the motion but anticipates her requested
information prior to Second Reading.
Councilmember Roy supported applying the green building codes previously adopted on
construction of these buildings.
Councilmember Troxell stated he would like information regarding energy comparisons prior to
Second Reading.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
037, 2011, on First Reading. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2011-023. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Ordinance No. 024, 2011,
Amending Chapter 2, Article V, Division 3 of the City Code
Pertaining to Citv Service Areas, Adopted on First Reading
The following is staff s memorandum for this item.
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March 1, 2011
"EXECUTIVE SUM3L4RY
The City Manager and executive leadership team continue to examine and consider ways to enhance
the efficiency and effectiveness of the City organization. The City Manager has decided to
implement some changes to the City's internal organizational structure. These changes impact
existing service areas which necessitates updates to related provisions of the City Code.
BACKGROUND /DISCUSSION
Under the current structure, the City Manager has seven direct reports with five (Service Directors)
managing major functions in the organization. These are:
1. Deputy City Manager — Community Services
2. Assistant City Manager — Internal Services
3. Chief Financial Officer — Financial Services
4. Utilities Executive Director — Utility Services
S. Chief of Police — Police Services
With the completion and Council approval of the 2011-2012 City Budget, the City Manager and
the City's executive leadership team began to address how to implement the upcomingpolicy work
and address pressing operational needs. The needs focused on:
Strategic Planning —development of an organizational strategic planning process and
implementation of a performance excellence initiative.
Policy Issues —more executive capacityfor Council policy issues
• Succession Planning —in the next three years, significant changes in leadership positions
are anticipated.
Community Services will be renamed Policy, Planning, and Transportation Services Area. This
service area will be directed by the Deputy City Manager (Diane Jones) and will include Planning,
Development and Transportation services, the City Clerk's Office and Performance Excellence and
Strategic Planning (new responsibility).
Internal Services will be renamed Community and Operations Services. This service area will be
directed by theAssistant CityManager (6Vendy Williams) and will include Managementlnformation
Services (MIS), Operations (Facilities and Fleet), and Legislative services. Culture, Parks,
Recreation and Environmental Services (CPRE—new responsibility) will shift from Community
Services to this service area.
Anew service area will be entitled Employee and Communication Services. This service area will
be directed by the Assistant to the City Manager (Kelly DiMartino) and will include
Communications and Public Involvement and Human Resources (new responsibility) which both
shift from Internal Services to this new service area.
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March 1, 2011
Under this revised structure, the City Manager will have a total of eight direct reports - six Service
Area Directors, an Executive Assistant to the City Manager (Tauny Gilmore) and an Assistant to
the City Manager (Bruce Hendee). The six major management positions (Service Directors) and
related functions that report directly to the City Manager are as follows:
1. Deputy City Manager — Policy, Planning and Transportation Services (amended)
2. Assistant City Manager —Community and Operations Services (amended)
3. Chief Financial Officer —Financial Services
4. Assistant to the City Manager —Employee and Communications Services (new)
5. Utilities Executive Director —Utility Services
6. Chief of Police —Police Services
The Assistant to the City Manager's responsibilities include improving collaboration and
implementation of the City's sustainability programs and practices and ;applying expertise to the
City's built environment. Because the responsibilities and focus of this position continue to be
refined, further information will be forthcoming to City Council.
The changes and reassignments are intended to maximize and continue to develop the expertise
among the executive managers, to continue to drive organizational efficiencies, and to address more
effectively the Council policy development, strategic planning, performance excellence. Finally,
anticipating that several executive managers will be retiring in the next three to five years, we are
working to position staff to assume key leadership positions as those retirements occur.
Code Revisions
Under Article II, Section 5 of the City Charter, the City Council has the power to establish, change,
consolidate or abolish administrative offices, service areas or agencies of the City by ordinance,
upon report and recommendation of the City Manager, so long as the administrative functions and
public services established by the Charter are not abolished in any such reorganization. The
proposed reorganization would not abolish any of those essential functions and services.
The organizational structure of the City is contained in Chapter 2, Article V of the City Code. The
service areas are established in Division 3 of Article V. This Ordinance would amend Division 3
to codify the organizational changes described above.
FINANCIAL /ECONOVIC LVIPACTS
The financial impacts for the changes noted above will be pay grade adjustments for two of the
Service Area directors Assistant City Manager for Community and Operations Services and
Assistant to the CityManager for Employee and Communications Services —and to reclassify the
current Public Relations Coordinator to the Communications and Public Involvement Manager.
The total salary. impact is estimated at 534, 000. "
Judy Dorsey, 1327 West Magnolia, supported the hiring of Bruce Hendee in the City Manager's
Office and stated he is a "best in class" example of a civil entrepreneur.
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Jim Reidhead, UniverCity Connections Director, supported the hiring of Bruce Hendee.
Brian Dunbar, 1607 West Mulberry, supported the hiring of Bruce Hendee.
Mayor Hutchinson asked for clarification on the purpose of the item. City Manager Atteberry
replied this Ordinance does not speak directly to the hiring of Bruce Hendee but rather to some
changes in Service Area designations.
City Attorney Roy clarified the purpose of the Ordinance is to make changes to some Service Areas.
Council's role is to provide the basic administrative structure within which the City Manager has
the prerogative and responsibility to assign duties and functions.
City Manager Atteberry stated he is willing and prepared to respond to questions regarding any
appointment he makes.
Councilmember Roy asked for a review of the Service Area changes. City Manager Atteberry
replied Deputy City Manager Jones will continue to oversee Planning, Development, and
Transportation and the City Clerk's Office, and will take on the Performance Excellence Program,
Council policy functions, and strategic planning. Wendy Williams, Assistant City Manager for
Internal City Services, will continue to oversee Management Information Systems, Communications
and Public Involvement, and Operations Services, and will begin to oversee Cultural, Parks and
Recreation, Natural Resources, and Legislative Affairs. A new Assistant to the City Manager
position will be created and filled by Kelly DiMartino, who will oversee the Human Resources and
Communications and Public Involvement departments. Bruce Hendee, Assistant to the City
Manager, will be responsible for sustainability, innovation, and the built environment.
Councilmember Roy asked what Hendee will be specifically responsible for accomplishing. City
Manager Atteberry replied sustainability and oversight of the built environment will be major
aspects of Hendee's position.
Councilmember Roy asked how Hendee's position will move Fort Collins toward promoting
sustainability, decreasing the community's reliance on fossil fuels and moving toward climate
neutrality. City Manager Atteberry replied Hendee's efforts will be part of a team effort.
Councilmember Roy asked what types of improvements can be made to the existing built
environment to move toward fulfillment of sustainability goals. Hendee replied the Green Building
Code is an initial step and opportunities are there to apply additional regulations to existing
structures. Management techniques exist to improve sustainability efforts without being
prohibitively expensive.
Councilmember Poppaw welcomed Hendee and asked where Utility Finance and Budget went under
the new organizational chart. City Manager Atteberry replied the City's General Finance and
Utilities Finance positions were merged and recruitment is currently occurring for that position.
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Mayor Pro Tern Ohlson asked for staff to provide definitions of a Service Area, Service Unit, and
Department. He suggested a more vivid, distinctive organization chart, particularly for external
release, and suggested providing consistent details on the chart. He noted Hendee's position was
not advertised and was not budgeted. City Manager Atteberry replied Hendee's hiring was in
response to Council's desires. The Code does not require advertising positions reporting directly
to the City Manager. Normally, a national search and public process are conducted. This case was
different because of an opportunity to hire an individual with unique skills and strong relationships
with the community and City staff.
Councilmember Roy made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No.
024, 2011, on First Reading.
Councilmembers Roy and Troxell commended the hiring.
Mayor Pro Tern Ohlson requested further work on the organizational chart.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Roy made a motion, seconded by Councilmember Manvel, to extend the meeting
past 10:30 p.m. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw and Roy. Nays: Troxell.
THE MOTION CARRIED.
Resolution 2011-021
Adopting the Bicycle Safety Education Plan 2011, Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
In March 2010, City Council directed staff to prepare a Bicycle Safety Education Plan (BSEP),
including the concepts ofa "Master Cyclist "program and a bicycle safety town. Bicycle education
programs are designed to increase bicycle safety by improving the abilityfor cyclists to ride safely
and increase awareness among all modes of travel. The Plan focuses on the safety needs of the Fort
Collins community while providing practical solutions and implementation strategies to improve
overall safetyfrom both a programmatic and infrastructure perspective. The BSEP is a component
of the 2008 Bicycle Plan and the. recently adopted Transportation Master Plan.
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BACKGROUND I DISCUSSION
Fort Collins is one of the most bike friendly communities in the United States. With increasing
bicycle ridership, however, comes the challenge of ensuring cyclists are safe both on -road and off -
road. In March 2010, City Council directed staff to prepare a Bicycle Safety Education Plan,
including the concepts of a "Master, Cyclist" program and a bicycle safety town. The goal is to
create a comprehensive plan that reflects the safety needs of the Fort Collins community and
provides programmatic and,infrastructure implementation strategies to improve overall safety.
The Plan is composed of several different sections to address a variety of bicycle safety topics and
audiences. The audiences include children, adults (commuters, recreationalists, college students,
senior citizens), motorists (fleet drivers, buses/transit, everyday drivers), and law enforcement
officials. The "big ideas" in the plan include:
• Long -Term Vision: The City will strive to reduce citywide bicycle traffic deaths and serious
injury to zero.
• Location, design, and construction of a bicycle safety town.
• Focus on providing bicycle safety education for youth.
• Targeted bicycle education for adults — CSUstudents, families, commuters, senior citizens.
• Collaboration on bicycle safety training and programs with Fort Collins Police Services.
• Review of "best management practices "for innovative safe cycling infrastructure.
• Analysis and recommended solutions to address nine high bicycle crash areas.
• Inclusion of bicycle -related performance measures from Transportation Master Plan.
Short- and Long -Term Vision
The BSEP, as part of the 2008 Bicycle Plan, is focused on reducing the number of bicycle crashes
in Fort Collins. In the short-term, adoption and implementation of the BSEP will strive to reduce
bicycle crashes 25% by 2012 and 50% by 2013. In the long-term, the community will strive to
reduce citywide bicycle deaths and serious injury to zero.
Policy and Programmatic Recommendations
The Plan outlines a number of recommendations to address bicycle safety education for the wide
spectrum of transportation system users in Fort Collins. Each of the recommendations, while part
of larger campaigns for each target audience, address known bicycle safety issues and reflectpublic
comments and concerns. Staff has included recommendations to pursue a Master Cyclist program
and the design and construction of a bicycle safety town. In addition, the Fort Collins 2010 Bicycle
Accident Summary data was extensively used to identify bicycle crash trends and potential solutions.
Safe Cycling Facility Recommendations
There are many innovative infrastructure options to support safe cycling. These include
advancements in striped bike lanes, shared lane markings, bicycle detection at intersections, and
new strategies from around the country such as bike boxes. The Plan outlines many of these options,
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when they may be appropriately used, and costs and benefits. The implementation action plan
includes a recommendation to further study and construct safe cycling infrastructure when and
where appropriate to improve safety.
High Bicycle Crash Areas Recommendations
Staff reviewed the Fort Collins 2010 Bicycle Accident Summary and identified nine high bicycle
crash intersections based on the overall number of bicycle crashes and the bicycle crash rate per
100,000 bikes.
In each case, City staff looked for crash patterns and trends, environmental factors, or other unique
circumstances that might highlight larger problems. This analysis included a review of Police
Services accident reports, crash diagrams, and field visits. A summary of the observed problems and
recommended solutions was then prepared using the 6 "Es "framework: encouragement, education,
engineering, enforcement, environment and evaluation. Chapter 6 outlines the analysis process,
observed problems and recommended solutions for the nine high bicycle crash intersections.
Implementation Action Plan
The Plan includes a variety ofprograms, collaborations, improvements and other actions that will
help achieve the vision of a bicycle safe community. Action items are organized by audience,
responsibility, cost and funding source, and anticipated outcomes. The actions are important to
realizing the Plan vision and should be implemented as soon as time and funding resources are
available. As community priorities shift, implementation priorities can change to ensure the most
effective use of staff and fimding resources and benefit for the community.. This will result in a
phased approach to implementing the BSEP. Action items also include performance measures to
help identify continuous improvements. Please see Chapter 7 for the full Implementation Action
Plan.
Evaluation and Performance Monitoring,
The Transportation Master Plan (TMP) includes a number of performance measures for bicycle
safety and education efforts. The BSEP performance measures are the same as for the T1WP. The
intent of the performance measures is to serve as useful tools for continuous improvement and
provide input for future plan updates. The results of theperformance measures will monitor the
City's progress toward achieving the BSEP vision. Please see Chapter 6 of the Plan for the detailed
performance measures.
FLNANCIAL /ECONOMIC LV1PACTS
The Implementation Action Plan (see Chapter 7) outlines the costs and potential fimding sources
of all BSEP recommendations. Existing grant finding through the federal government and the
Colorado Department of Transportation, City staff time, community volunteers, and public/private
partnerships will be key to implementing the Plan. City Council has also. designated $50,000
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March 1, 2011
annually in the 2011-12 budget for implementation of the BSEP. City staff will continue to work to
identify local, state, and federal funding sources and partnerships to augment existing
implementation fiords.
ENVIRONMENTAL IMPACTS
Education is one component ofthe City's 6 "Es "approach to bicycling: education, encouragement,
engineering, enforcement, environment, and evaluation. Implementation of the Plan will not only
ensure residents ride safely, but encourage more residents to start cycling more often. This will
further increase the mode share of bicycles in Fort Collins and lead to reductions in energy and fuel
consumption, greenhouse gases, and other air emissions. "
Thomas Edwards,1101 South Bryan, Fort Collins Bicycle Coalition, encouraged furthering motorist
and bicyclist education but opposed the Resolution until such time as enforcement. of bicycle
regulations is included.
Councilmember Roy asked for staff input regarding the enforcement. D.K. Kemp, Bicycle
Coordinator, replied this Plan included input from the Fort Collins Police Department, Larimer
County Sheriff's Department, and CSU Police. Enforcement is one of the five main pieces of the
Plan and includes providing training to law enforcement officials.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2011-021.
Councilmember Roy expressed support for the Plan.
Councilmember Manvel expressed support for the Plan.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 10:50 p.m.
ATTEST:
Aa.w
-CityClerk
Adjournme^*
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