HomeMy WebLinkAboutMINUTES-12/20/1994-RegularI
December 20, 1994
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 20,
1994, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and
Wanner.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Ed Secor, westside neighborhood resident, expressed concerns regarding the location of the bike
and pedestrian bridge over the Poudre River.
Al Baccili, 520 Galaxy Court, spoke of his concerns regarding PRPA paying for spouses to attend
annual conferences and opposed PRPA paying dues to the Chamber of Commerce. He spoke of the
misuse of funds at the Convention and Visitors Bureau.
Yolanda Nicely, 300 East Harmony Road, objected to Council passing an ordinance regarding
panhandling and stated she did not see any evidence that begging was hurting businesses in Fort
Collins.
Citizen Participation Follow-up
Councilmember Janett responded to Mr. Secor's concerns and suggested that signs be posted to
inform residents of the City's intent.
Councilmember Kneeland reported that Council is currently reviewing issues regarding
panhandling ordinance and stated the problems of the homeless are not being ignored.
Councilmember Apt commented the City's Electric Board recently met with the General Manager
of PRPA to discuss the outcome of recent incidents at the Rawhide Power Plant.
Mayor Azari thanked Mr. Baccili, Mr. Secor, and Ms. Nicely for voicing their concerns.
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Agenda Review
Interim City Manager Diane Jones request that Item #16, Second Reading of Ordinance No. 180,
1994 Amending Section 4 of Ordinance No. 179, 1993, for the Purpose of Continuing the Effective
Date of Said Ordinance Until May 31, 1995, be considered after Item #37, Council/Staff Pulled
Consent, Item #23, Resolution 94-211 Authorizing the Purchase of Land Located at 136 West
LaPorte Avenue (Old Depot Site) for Stormwater Utility Department Office Space and Future City
Facilities, be withdrawn from the Consent Agenda due to a perceived conflict of interest and to be
heard after Item #30, Public Pulled Consent. She reported a revised Exhibit A was inserted with
Item #24, Resolution 94-212 Adopting the City's 1995 Legislative Agenda, and requested that Items
#25, Resolution 94-213 Identifying $2, 000 from the 1995 Youth Employment Fund for the "Senior
Job Match " Program, and Item #28, Resolution 94-216 Making an Appointment to the Commission
on the Status of Women, be withdrawn from the Agenda.
CONSENT CALENDAR
This Calendar is intended to allow the City Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may
request an item on this calendar to be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #30, Public Pulled Consent Items.
Consider approval of the minutes of the regular meetings of October 18 and November 1.
8. Second Reading of Ordinance No. 172, 1994 Appropriating Excess Revenue in the General
Fund for Training Programs.
Training programs on topics specific to the City organization's goals and values are offered
to City employees and interested community members. These programs are coordinated
through the Training Division of the City's Human Resources Department. To cover the cost
of trainers and materials, departments are charged for their employees who have attended
these workshops. Attendee's who are not employed by the City of Fort Collins are charged
as well.
The revenue to be appropriated was generated from fees charged for these classes and
workshops. This revenue is greater than the original 1994 budget estimate and must be
appropriated to cover the costs associated with the training, workshops and classes provided
during 1994. Ordinance No. 172, 1994, which was unanimously adopted on First Reading
on December 6, appropriates $10,038 of training revenue, in the General Fund, received in
excess of the original 1994 budget estimate.
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December 20, 1994
9. Second Reading of Ordinance No 173 1994 Appropriating Unanticipated Revenue in the
General Fund for the Fort Collins Police Services Substance Abuse Prevention Program
Police Services has been awarded a grant totalling $48,133 from the Colorado Department
of Transportation, Office of Transportation Safety for funding a Law Enforcement
Assistance Fund project for the prevention of substance abuse. This prevention program will
target underage drinking by utilizing student involvement, education, and enforcement.
Ordinance No. 173, 1994, which was unanimously adopted on First Reading on December
6, appropriates $48,133 in grant funds for expenditure in the Police Services 1995 Substance
Abuse Prevention Program.
10. Second Reading of Ordinance No 174 1994 Appropriating Unanticipated Revenue in the
Parkland Fund from the Sale of Real Property at 309 South Sherwood.
On November 1, 1994, Council unanimously adopted Ordinance No. 150, 1994 authorizing
the sale of real property at 309 South Sherwood. This sale closed on November 14, 1994.
Proceeds from this sale need to be appropriated in the Parkland Fund. The proceeds will
then be used to reimburse the Quinby estate for the value of the property ($55,000). The
remaining $1,150 will accrue to the Parkland Fund to cover the costs of the sale.
Ordinance No. 174, 1994, which was unanimously adopted on First Reading on December
6, 1994 appropriates unanticipated revenue in the Parkland Fund to be used to return $55,000
to the estate of Grace Quinby and $1,150 to cover costs associated with the sale of the
property.
11. Second Reading of Ordinance No. 175, 1994 Appropriating Excess Revenue in the Street
Oversizing Fund.
Projected expenditures for the Street Oversizing Fund will exceed the $1.2 million budgeted
for 1994. The City is presently in a cycle of growth and the street network is expanding
accordingly to meet the impact. It is estimated that an additional appropriation of $400,000
will be needed for the Fund's obligation to approved P.U.D.s currently under construction.
The 1994 year end balance of the Fund is estimated to be $4.6 million.
Ordinance No. 175, 1994, which was unanimously adopted on First Reading on December
6, 1994 increases the 1994 appropriations in the Street Oversizing Fund by $400,000. This
is necessary to cover anticipated expenditures for street construction for the 1994 season.
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December 20, 1994
12. Second Reading of Ordinance No. 176, 1994 Appropriating Prior Year Reserves in the
Transit Services Fund.
Ordinance No. 176, 1994, which was unanimously adopted on First Reading on December
6, appropriates the resources necessary to meet Dial -A -Ride's 1994 financial obligations
through the end of 1994. Dial -A -Ride demand continues to increase and the latest estimate
suggests that ridership will now exceed 64,000 rides in 1994 causing the shortfall over what
has been previously appropriated. The contribution on the part of Larimer County's Office
On Aging brings external resources to bear in providing these services.
13. Second Reading of Ordinance No. 177, 1994 Adopting the 1995 City of Fort Collins Total
Compensation Plan.
In October, 1994, Council adopted its Financial Policies which includes the Human Resource
Management and Productivity Policy. This policy includes the Total Compensation Policy
for the City's classified and unclassified management employees. The policy states that the
total compensation for these City employees will average 4.5% above the median of the
labor market.
Surveys for the 1995 Total Compensation plan have been completed and indicate that the
total compensation adjustment for 1995 should be 3.03%. Average salary adjustment will
equal 3.33%. Ordinance No. 177, 1994 was unanimously adopted on First Reading on
December 6.
14. Second Reading of Ordinance No. 178, 1994 of the Council of the City of Fort Collins
Amending Section 28-17 of the Code of the City of Fort Collins Relating to Emission
Inspections for Motor Vehicles and Visible Emissions from Non -Diesel -Powered Motor
Vehicles under the "Model Traffic Code for Colorado Municipalities." 1977 Edition.
This Ordinance, which was unanimously adopted on First Reading on December 6, adopts
the State provisions for vehicle emissions tests and visible emissions from non -diesel -
powered vehicles into the City Code, thereby making it easier for law enforcement officers
to enforce the law. This action will help reduce air pollution from automobiles in Fort
Collins. The passage and enforcement of this Ordinance was identified as a strategy in
Section VT-1 of Air Quality Action Plan, which was adopted by Council on March 15, 1994.
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December 20, 1994
15. Second Reading of Ordinance No. 179, 1994 of the City of Fort Collins Authorizing the Sale
of Property to the Boxelder Sanitation District.
This Ordinance, which was unanimously adopted on First Reading on December 6,
authorizes the Mayor to execute an agreement for the sale of City property to the Boxelder
Sanitation District ("the District") for the total amount of $15,000, including the sale of a
parcel of property for the District to use in the expansion of its lagoon system. However,
since First Reading this Ordinance has been revised to add two new conditions to the City's
obligation to sell the parcel of land to be used by the District in the expansion of the lagoon
system.
16. Second Reading of Ordinance No. 180, 1994 Amending Section 4 of Ordinance No 179,
1993, for the Purpose of Continuing the Effective Date of Said Ordinance Until May 31.
1995.
Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood
Conservation Medium Density Zoning district. The amendment was for a limited time
period to preclude the development of secondary residential structures within the East Side
and West Side neighborhoods until December 31, 1994 or until design criteria supplemental
to the neighborhood plans could be developed, whichever came first. Due to unanticipated
If special projects and staff turnover, the start of the project has been delayed. A design
consultant has been hired to develop the guidelines under the direction of the Planning
Department. Ordinance No. 180, 1994 which was adopted 6-1, on First Reading on
December 6.
17. Second_Readina of Ordinance No. 181. 1994 of the Council of the Citv of Fort Collins
Authorizing the Mayor and City Clerk to Apply and Contract for Beneficial Use of Water
on Behalf of the City of Fort Collins and Prescribing the Terms for Application for an
Allocation of the Right to Use Colorado -Big Thompson Project Water to the City by
Northern Colorado Water Conservancy District.
Ordinance No. 181, 1994, which was unanimously adopted on First Reading on December
6, is needed to apply for and obtain the perpetual right to use seven hundred seventy-six
(776) acre-foot units of Colorado -Big Thompson (CBT) Project water held by the City.
Seven hundred forty-five (745) of these units are currently held under a previously used
permanent contract and twenty-five (25) units are held under a Temporary Use Permit with
the Northern Colorado Water Conservancy District (NCWCD). An additional six (6) units
are being turned over to the City to satisfy raw water requirements.
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18. Second Reading of Ordinance No 182, 1994 Authorizing the Purchasing Agent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equipment.
Ordinance No. 182, 1994 which was unanimously adopted on First Reading on December
6 authorizes the Purchasing Agent to enter into a lease -purchase agreement with Municipal
Services Group, Inc., (MSG) at 6.42% percent interest rate for the purchase of the required
vehicles and equipment. MSG is the only firm the City has found who is willing to sign
lease purchase documents acceptable to the City since the passage of Article X, Section 20
to the Colorado Constitution. This lease -purchase is consistent with the financial policies
of the City of Fort Collins.
19. Second Reading of Ordinance No. 183, 1994, Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Compensation of the Municipal Judge.
City Council met in Executive Session on November 22, 1994 to conduct the performance
appraisal of Municipal Judge Kathleen M. Allin. This ordinance which was unanimously
adopted on First Reading on December 6, establishes the 1995 salary of the Municipal Judge.
20. Second Reading of Ordinance No. 184, 1994 Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Compensation of the City Attorney.
City Council met in Executive Session on November 22, 1994 to conduct the performance
appraisal of City Attorney Steve Roy. This ordinance, which was unanimously adopted on
First Reading on December 6, establishes the 1995 salary of the City Attorney.
21. Second Reading of Ordinance No. 185, 1994 Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Compensation of the Interim City Manager.
City Council met in Executive Session on November 22, 1994, to discuss and set the goals
of Interim City Manager Diane Jones while she serves in this position. This ordinance,
which was unanimously adopted on First Reading on December 6, establishes the salary and
compensation provided the Interim City Manager while she serves in this capacity.
22. First Reading of Ordinance No 186 1994 Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund Museum Budget and Authorizing the Transfer of
Appropriated Amounts Between Operating Accounts and Projects.
Additional funds were made available to the Fort Collins Museum by the Colorado Historical
Society through State Historical Fund grant 495-MI-39. These funds can be used only for
survey and planning leading to historical designation of the 1937 Diamond T Fire Truck, the
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first aerial ladder truck used in Fort Collins. Projects identified in the grant are $1,500 for
a historian to document the truck's history, and $625 for a conservator to develop a
conservation/restoration plan.
23. Resolution 94-211 Authorizing the Purchase of Land Located at 136 West LaPorte Avenue
(Old Depot Site) for Stormwater Utility Department Office Space and Future City Facilities
The General Government Services Strategic Facility Plan (Facility Plan) as adopted by City
Council in 1992 made recommendations for future facility needs in the downtown area.
This Resolution will be the first step in implementing the Facility Plan. Staff recommends
the purchase of approximately 2.17 acres for the immediate use as office space and surface
parking for the Stormwater Utility Department. The purchase also sets aside space not
needed by the Stormwater Department that will be available to house other City departments.
Currently Stormwater is leasing space at 235 Mathews Street. Remodeling and expanding
the Old Depot for use as office space for the Stormwater Department will make the offices
of City Stormwater Department more convenient for the customers of Stormwater and the
other City departments located adjacent to the site. It will also allow Stormwater to operate
more efficiently in a permanent location that will allow future expansion.
24. Resolution 94-212 Adoptingthe he City's 1995 Legislative Agenda.
The Legislative Review Committee (LRC) has developed a Legislative Agenda to assist the
LRC in the analysis of pending legislation during the 1995 General Assembly. The
Legislative Agenda states the City's position on common legislative topics.
The Legislative Review Committee has been working on compiling this Agenda since July.
the majority of the policy statements in the Legislative Agenda are in line with past Council
policy and Council actions. However, there are new policy statements on environmental
quality, telecommunications, and fire protection.
25. Resolution 94-213 Identi ing $2.000 from the 1995 Youth Employment Fund for the
"Senior Job Match" Program.
The City of Fort Collins appropriated $60,000 in the 1995 budget to continue funding Youth
Employment programs. Members from the "Senior Job Match" program approached the
City Council on December 6, 1994 and requested $2,000 from the 1995 Youth Employment
funds for their program.
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December 20, 1994
The "Senior Job Match" program is a collaborative effort between Centennial High School
and the Centennial Neighborhood Association. The program is designed to help match youth
with senior citizens who need assistance in performing a variety of household duties. These
duties are ones which may be difficult for senior citizens to perform and which may be
completed by a youth. The services will focus on household tasks which become more
challenging or dangerous as people age, such as: overhead lifting, furniture moving and
cleaning, storage cleanup, snow and ice removal, storm window and screen change out, as
well as routine household chores and errands.
Resolution 94-214 Commitin the he City to Act As Reviewing Entity for the State Income Tax
Credit Program for 1995 for Oualifving Historic Rehabilitation Projects.
As a member of the Certified Local Government Program in Colorado, Fort Collins has the
opportunity each year to choose to be a reviewing entity for the State Historic Preservation
Income Tax Credits during the next calendar year. The City Council must adopt a resolution
stating whether or not it intends to take on this responsibility.
Resolution 94-215 Authorizing the Purchasing Agent to Enter into an Agreement to
Purchase an Upgrade to the Itron Handheld Meter Reading System.
The existing handheld meter reading system was purchased from Itron, Inc. in 1988. Itron
has made a number of improvements in its products since that time. Additionally, a few of
the key electronic components used in the existing system are no longer manufactured. Itron
has indicated that yearly maintenance costs will be rising due to the difficulty in obtaining
those key components. The 1995 maintenance rates will be approximately 10 percent higher
than the 1994 rates. There is also a concern with the availability of the components.
Therefore, it appears to be more prudent to be investing in a new system rather than
investing in the maintenance of an outdated system.
At this time, Itron is the only manufacturer offering the capability to remotely read meters
without the cost of establishing a network communications system or requiring the purchase
of all meters from a single manufacturer. The ability to read meters remotely will solve a
number of expensive and time consuming access problems. For these reasons, it is
recommended that a handheld meter reading system upgrade be purchased from Itron
through its Rocky Mountain distributor, Mountain States Pipe and Supply Co.
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December 20, 1994
28. Resolution 94-216 Making an Appointment to the Commission on the Status of Women
A vacancy currently exists on the Commission on the Status of Women due to the
resignation of Amy Beuschlein.
Councilmembers Janett and Azari reviewed the applications on file and are recommending
Raju Jairam be appointed to fill the vacant term which expires July 1, 1998.
29. Routine Deeds and Easements.
A. Deed of Easement from Oak Farm Inc. for drainage and for utility and access
purposes on two tracts in the Builders Square Expansion P.U.D. located just south
of Harmony Road on Oakridge Drive. Monetary consideration: $0.
B. Deed of Easement from Rev Enterprises Inc. and Ranjeb Inc. for storm drainage
purposes located on lots 18 and 19 of Lemay Plaza P.U.D. which is located at the
corner of Lemay Avenue and Conifer Street. Monetary consideration: $10.
Ir C. Deed of Easement from Poudre School District R-1 for construction and for drainage
purposes located at the east end of Putnam Elementary School between Maple Street
and Cherry Street. Monetary consideration: $0.
to
D. Deed of Easement from John D. Snyder for the purpose of drainage and a detention
pond located on lots 3,6 and 7 of the Crafts Re -Subdivision of Lake Park Addition
which is at the comer of Elizabeth and Remington Streets. Monetary consideration:
$0.
E. Deeds of Easement from Everitt Enterprises Inc. for the purpose of temporary
drainage, temporary access, and temporary slope located at Center for Advanced
Technology, 16th filing just south of the west Centre Avenue and Worthington Circle
intersection. Monetary consideration: $0.
F. Deed of Easement from Sanford B. Thayer for drainage purposes located in
Cottonwood Ridge Subdivision at the comer of Westbury Drive and South Shields
Street. Monetary consideration: $10.
G. Deed of Easement from Vanworks Inc., for utility purposes located on lot 10-A in the
Vanworks Minor Subdivision at the end of Logan Court. Monetary consideration:
$0.
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December 20, 1994
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H. Deed of Easement from Everitt Enterprises Inc. for access and utility purposes
located at Center for Advanced Technology, 16th filing just south of the west Centre
Avenue and Worthington Circle intersection. Monetary consideration: $0.
I. Deed of Easement from Vanworks Inc. for detention pond purposes located on lot 9-
A in the Vanworks Minor Subdivision which is on Lincoln Avenue between College
Avenue and Lemay Avenue. Monetary consideration: $0.
Powerline Easements from Kaplan Company, Inc., located at 3513 Limestone Court,
needed to install new underground electric service. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No. 172, 1994 Appropriating Excess Revenue in the General
Fund for Training Proerams.
9. Second Reading of Ordinance No. 173, 1994. Appropriating Unanticipated Revenue in the
General Fund for the Fort Collins Police Services Substance Abuse Prevention Program.
10. Second Reading of Ordinance No. 174, 1994, Appropriating Unanticipated Revenue in the
Parkland Fund from the Sale of Real Property at 309 South Sherwood.
11. Second Reading of Ordinance No. 175, 1994 Appropriating Excess Revenue in the Street
Oversizing Fund.
12. Second Reading_of Ordinance No. 176, 1994 Appropriating Prior Year Reserves in the
Transit Services Fund.
13. Second Reading of Ordinance No. 177, 1994 Adopting the 1995 City of Fort Collins Total
Compensation Plan.
14. Second Reading of Ordinance No. 178, 1994 of the Council of the City of Fort Collins
Amending Section 28-17 of the Code of the City of Fort Collins Relating to Emission
Inspections for Motor Vehicles and Visible Emissions from Non -Diesel -Powered Motor_
Vehicles under the "Model Traffic Code for Colorado Municipalities." 1977 Edition.
15. Second Reading of Ordinance No 179, 1994 of the City of Fort Collins Authorizing the Sale
of Property to the Boxelder Sanitation District.
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December 20, 1994
16. Second Reading of Ordinance No. 180, 1994 Amendine Section 4 of Ordinance No. 17
1993, for the Purpose of Continuing the Effective Date of Said Ordinance Until May 31.
1995.
17. Second Reading of Ordinance No. 181. 1994 of the Council of the City of Fort Collins
Authorizing the Mayor and City Clerk to Apply and Contract for Beneficial Use of Water
on Behalf of the City of Fort Collins and Prescribing the Terms for Application for an
Allocation of the Right to Use Colorado -Big Thompson Project Water to the City by
Northern Colorado Water Conservancy District.
18. Second Reading of Ordinance No. 182, 1994 Authorizing the Purchasing Aeent to Enter into
an Agreement for the Lease -Purchase of Vehicles and Equipment.
19. Second Reading of Ordinance No. 183, 1994, Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Compensation of the Municipal Judge.
20. Second Reading of Ordinance No. 184, 1994 Amendine Section 2-581 of the Code of the
City of Fort Collins and Setting the Compensation of the City Attorney.
21. Second Reading of Ordinance No. 185, 1994 Amending Section 2-596 of the Code of the
Ir City of Fort Collins and Setting the Compensation of the Interim City Manager.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
22. First Reading of Ordinance No. 186, 1994 Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund Museum Budget and Authorizing the Transfer of
Appropriated Amounts Between Operating Accounts and Projects
34. First Reading of Ordinance No. 187, 1994 of the Council of the City of Fort Collins
Amending the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines.
35. First Reading of Ordinance No. 188, 1994 Amending Chapter 4. Articles I and II of the Code
of the City Regarding Definitions and Animals.
36. First Reading of Ordinance No. 189, 1994 Amending Section 5-27 of the Code of the City
of Fort Collins Regarding Roof Covering Requirements.
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December 20, 1994
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt and
approve all items not removed from the Consent Agenda. Yeas: Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 94-211
Authorizing the Purchase of Land
Located at 136 West Laporte Avenue
(Old Depot Site) for Stormwater Utility
Department Office Space and Future City Facilities Adopted
The following is staffs memorandum on this item.
"Financial Impact
The 1995 budget includes $790, 000 for the acquisition of land and for the design of office space for
the Stormwater Utility Department. The source of these monies is from Storm Drainage Fund
Reserves. The projected 1996 budget includes $1.5 million for the construction of the office space.
The purchase price for the property is $690, 000 with the remaining $100, 000 available for design.
Executive Summary
The General Government Services Strategic Facility Plan (Facility Plan) as adopted by City Council
in 1992 made recommendations for future facility needs in the downtown area.
This Resolution will be the first step in implementing the Facility Plan. Staff recommends the
purchase of approximately 2.17 acres for the immediate use as office space and surface parking for
the Stormwater Utility Department. The purchase also sets aside space not needed by the
Stormwater Department that will be available to house other City departments. Currently
Stormwater is leasing space at 235 Mathews Street. Remodeling and expanding the Old Depot for
use as office space for the Stormwater Department will make the offices of City Stormwater
Department more convenient for the customers of Stormwater and the other City departments
located adjacent to the site. It will also allow Stormwater to operate more efficiently in a permanent
location that will allow future expansion.
The Storm Drainage Board recommends approval of $345, 000 toward the purchase of the site and
that other Cityfunds provide the remaining $345, 000.
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BACKGROUND:
CITY FACILITYMASTER PLAN
The General Government Services Strategic Facility Plan (Facility Plan) adopted by City Council
in 1992 identified certain conditions that should exist before the City could consider acquisition and
expansion into additional office space. Those conditions in the Facility Plan are:
no office space available for staff expansion in existing Cityfacilities;
limited office space available for lease in the downtown area; and,
cost to lease space at or above $10 per sq. ft.
When these conditions existed the Facility Plan made several recommendations on the course of
action the City should take. The key action steps were:
Item I - Acquire land near Block 31. (i.e. north portion of Block 32 (Ricker Bros. Inc block),
remaining areas of Block 33 (Car barn block), and the west half of Block 22 (Old
Depot site).
The recommendation in the Facility Plan still holds true except for that portion located on Block 32.
It Instead ofthe north portion ofthe block; the east portion ofthe block is owned by the Trillium Corp.
and is available for purchase. It is envisioned that the Facilities Plan will be revised to pursue
acquisition on the east portion of the block and not the north portion. This will minimize the impact
to private business in the area.
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Item 2 - Allow County expansion on block 31.
Preliminary discussions with the County include the possibility the County will expand onto Block
31.
Item 3 - Locate a new City facility on a block that would allow future expansion and surface
parking.
If the Depot lot is acquired, expansion on the site for future Cityfacilities can take place north of
the building. Also facilities can be placed in front of the Depot building but will not be allowed to
detract from the Depot's historic appearance.
Item 4 - Incorporate future expansion into a City-wide facility planning effort.
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The basis for looking at the Depot site was to be consistent with the City Facility Plan as well as to
plan for future facilities.
EXISTING STORMWATER OFFICE SPACE
Since 1988 the Stormwater Department has leased office space at 235 Mathews Street. When
compared to other office space for professional staff, the space is considered to be substandard.
Several factors contribute to this condition:
- outside light is non-existent except for the front entrance and side exit;
- offices are located so that interaction between staff members is inefficient;
- offices are small for job functions;
- existing lighting is insufficient for office space;
- heating and ventilation systems are inadequate;
- outside landscaping is in disrepair and often goes unmaintained; and
- upgrading technology with automation is limited because of the building location, layout and
wiring.
NEWS TORMWA TER OFFICE SPACE
CRITERIA
Before staff could consider office space, criteria had to be identified These criteria included items
such as:
- locate in the downtown area;
- locate close to other City offices to increase efficiency and convenience to customers;
- preferably lease space before construction ifspace is available;
- provide adequate parking for staff and customers;
- consider safetyfor staff and customers;
- locate in a permanent site so relocation is not a future possibility;
- identify partners in the project, i. e. other City departments;
- ifpossible include historic preservation in the scope of the project;
- select the most cost effective alternative;
- ensure compatibility with adopted master plans; and
- plan to meet future needs of the Stormwater Utility and be consistent with the future overall
city needs.
CUSTOMERS
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December 20, 1994
Many of the City staff that the Stormwater Department interacts with are staff members located at
281 North College and City Hall. Those City departments include Building Inspection, Engineering,
Planning, Natural Resources, Parks and Recreation, Accounting, City Attorney, City Clerk and
Larimer County Public Works. Customers outside the City also frequently deal with these same
departments. The Stormwater Department is also located away from its supervising Service
Director located at 700 Wood Street. By locating closer to these customers, meeting times would
be shortened by simply walking across the street and not driving across the downtown. Members
of the community that have business with these departments could do so by going to one location.
This would provide better service to those customers.
FINANCIAL ASPECTS
The 1995 budgeted amount of 5790, 000 includes approximately 5690, 000 for land acquisition. This
amount would permit purchase of the entire west ha f of Block 22 and the Old Depot building. The
remaining monies will be used for the initial design of the office space. The Stormwater Department
will need about half of the area that will be purchased. The remaining area will be used by other
Cityfunctions and reimbursement to the Stormwater Fund ($390, 000) will occur when the property
is utilized for other than Storm Drainage purposes. The acquisition package recommended by staff
does not include any General Fund monies. The projected 1996 budget for the Stormwater
Department identified monies (51.5 million) for the construction of office space.
The source for the monies in 1995 comes from reserves. In 1996 it was anticipated that a bond issue
would be used to support the construction of the new office space. Debt service for these bonds
would be paid by the revenue of the utility without a rate increase to utility customers.
OLD DEPOT SITE
Several sites in the downtown area were considered and the Old Depot Site made the best fit of all
the criteria that was established. Acquisition by the City also enhances its preservation, maintains
a City presence in the downtown area, and fits into the vision of the Facility Plan for expansion of
future Cityfacilities. The current contract includes the normal City contingencies such as being
sub .econtract, and the passage of an environmental audit. The environmental audit is currently
underway. The appropriation offunds was approved by City Council on November 15 during the
1995 budget process and funds will be available after January 1. The current contract states that
the City must act on the contract on or before December 20, 1994, and closing on the property must
take place before January 20, 1995.
The Old Depot Site has several amenities including its historical significance. Talks with the City'.s
historical preservation staff and the State Historic Preservation Society indicate that office space
use is a good match for the site. From a site visit, items ofsignificance include the over hanging
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eves, the large glassed in doors along the dock area and the roof configuration. These items can
be included in the remodel and expansion of the building.
STORM DRAINAGE BOARD RECOMMENDATION
The Storm Drainage Board has recommended the Stormwater Fund contribute $345, 000 and that
other Ciryfunds provide the remaining $345, 000 needed for acquisition. The Board believes that
prudent management ofstorm drainage funds requires other City funds be used to share acquisition
costs. Attached is a recommendation from the Board and minutes of the Board meeting when the
Board considered this item.
Staffprefers to fund the $690, 000 from Storm Drainage reserves in order to ensure acquisition of
the site, and then repay the Storm Drainage Fund for that portion of the purchase price which will
be used for other City facilities, once those proportionate shares have been finally determined upon
completion of the design of the new Stormwater Utility Department offices. Past negotiations with
the Trillium Corporation show that they would not be willing to breakup the property or extend the
contract. Also at this time no other monies have been appropriated for acquisition of the Old Depot
site. "
Councilmember McCluskey withdrew from discussion on this item due to a perceived conflict of
interest.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Resolution
94-211. Yeas: Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 94-217
of the Council of the
City of Fort Collins
Authorizing the Purchasing Agent
to Enter into a Professional Services Agreement
With an Executive Search Firm, Adopted as Amended.
The following is staffs memorandum on this item.
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"Executive Summary
The cost of the professional services contract will be inserted in the Resolution, based on the
proposed cost of the highest scoring search firm, which will be recommended by the Council Ad Hoc
Executive Search Firm Committee. Funds for these costs were authorized in the 1995 Budget.
At Council's December 6, 1994 meeting, a resolution was adopted setting forth the process to be
used in the City Manager search process. Council appointed an Ad Hoc Executive Search Firm
Committee to conduct interviews with three firms, including David M. Griffith & Associates (David
Donaldson), The Mercer Group, Ltd. (Jim Mercer), The PAR Group (Paul A. Reaume).
The Committee conducted its interviews on December 19, 1994, in accordance with the City's
purchasing policies and procedures. As a part of this process, the Committee scored each firm
based on its presentation and on answers to Committee questions. The Committee will present its
recommendation on the firm to be selected during this item at the Council meeting.
BACKGROUND:
Staff solicited proposals from executive search firms nationwide. Eleven firms responded with
proposals. Staffreviewed the proposals based on the Purchasing Division's standard criteria and
with input from Councilmembers on special qualifications sought. As a result of this scoring
process, three firms were selected for interview.
The Ad Hoc Executive Search Firm Committee met with the firms on Monday, December 19, 1994.
Each firm made a presentation of its qualifications and proposal. The Committee then asked
questions of the firms. The Committee's recommendation to Council is based on the highest score
which resulted from the interview process. "
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
94-217 inserting the name "the PAR Group" where applicable, and inserting the amounts of $13,500
and $4,500. Yeas: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 187,1994
of the Council of the City of Fort Collins
Amending the Harmony Corridor Plan and the
Harmony Corridor Standards and Guidelines. Adopted as Amended.
The following is staffs memorandum on this item.
Do
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December 20, 1994
"Executive Summary
On July 5, 1994, the City Council approved a six-month moratorium on the processing of
applications for commercial and retail developments along Harmony Road. The purpose of the
moratorium was to maintain the status quo while the City analyzed the potential impacts that
additional retail and commercial development might have in the Harmony Corridor.
For the past f ve months, City staff with the assistance of a citizen advisory committee, has discussed
and analyzed the issues facing the Corridor and has identified a series of amendments to the
Harmony Corridor Plan. The suggested amendments to the Plan are intended to strengthen the
"vision" of the Corridor that it become a major activity center in northern Colorado attracting a
variety of business and industries serving local as well as regional markets.
BACKGROUND:
The Harmony Corridor Plan, adopted in March, 1991 constitutes a public statement of the City's
policies with regard to future development in the Corridor. During the past twelve months, a strong
interest in retail and commercial development has emerged. Several developers have discussed
plans for building large, commercial shopping centers in the Harmony Corridor. This interest has
raised a number of concerns regarding the interpretation ofpolicies, definitions and criteria in the
Harmony Corridor Plan.
On July 5, 1994, the City Council approved a six-month moratorium on the processing of
applications for commercial and retail developments along Harmony Road. The purpose of the
moratorium was to maintain the status quo while the City analyzed the potential impacts that
additional retail and commercial development might have in the Harmony Corridor. During the
moratorium period, City staff and the Planning and Zoning Board were directed to review the City's
policies regarding retail and commercial development within the Corridor and to recommend any
necessary amendments to the Harmony Corridor Plan, together with implementation ordinances.
The moratorium will terminate on January 15, 1995.
For the past five months, City staff with the assistance of a citizen advisory committee, has discussed
and analyzed the issues facing the corridor and has identified a series of amendments to the
Harmony Corridor Plan. The suggested amendments to the Plan are intended to strengthen the
"vision" of the corridor that it become a major activity center in northern Colorado attracting a
variety of business and industries serving local as well as regional markets.
The details of the recommended amendments are described in the attached report. The most
significant recommendations are as follows:
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1. A mixture of land use will be permitted in the Corridor, including residential, basic employment
and non -retail, and retail/commercial. Basic industry and non -retail uses are the major economic
focus. The recommended amendments are much more prescriptive than the current plan in terms
of where, what kind and under what conditions future land uses will be permitted -to locate in the
Corridor. A land use map and a series of mandatory standards are offered which will apply to all
future planned unit development applications in the corridor.
2. All retail and commercial development must be located in shopping centers. A limited list of
'free-standing" retail and commercial uses will also be permitted as part of an office park.
3. Future major shopping centers must be permitted only at the locations shown on the Land Use
Map. The Map shows the potential for five new major shopping centers in the Corridor. The size,
scale and character of these shopping centers has been specifically defined
4. New design criteria are recommended for free-standing retail neighborhood convenience
shopping centers, neighborhood service centers and community shopping centers. The intent of
these criteria is to make sure that new development adds something to Fort Collins as a unique place
and makes neighborhoods better by respecting and extending the existing fabric in appropriate
ways.
If approved by the City Council, the new criteria established by this ordinance will apply to all
pending and future applications for overall development plans and planned unit developments in
the Harmony Corridor except those pending applications for planned unit developments that have
received preliminary or final approval by the City on or before the effective date of this ordinance.
Unresolved issues:
The Advisory Committee, Planning and Zoning Board and City staff have tried to accommodate
individual property owner requests to the extent that those requests are consistent with the City's
land use objectives in the Harmony corridor. However, there are a few owners who have requested
special consideration that have not been granted. Attached is information which describes the
current status of these requests.
Planning and Zoning Board Recommendation'
On December 12, the Planning and Zoning Board recommended (6-0) adoption of the proposed
amendments to the Harmony Corridor Plan with the condition that the term "substantially less" be
inserted in policy L U3 and the corresponding location standard, to describe the amount of land that
shall be permitted in the Corridor for secondary uses in comparison to the basic industrial and
nonretail uses in the "Basic Industrial Nonretail Employment Activity Center". "
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December 20, 1994
I
Assistant Planning Director Joe Frank spoke of the reasons for the original Harmony Corridor Plan.
He briefly spoke of the standards and guidelines and outlined the area affected by the new criteria.
City Attorney Steve Roy spoke of changes in Section 14, and proposed the following language for
Section 2, in the second sentence: "but shall occupy no more than 25% of the total area of the overall
development plan or planned unit development, as applicable.".
Tom Vosberg, Transportation Planner, responded to Council questions and stated traffic volume
studies have not been done regarding traffic flow at intersections on Harmony Road.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Ordinance
No. 187, 1994 on First Reading.
Frank spoke of the reason for the length of the moratorium and commented that the comprehensive
plan should be completed in three years. He stated he believed it would take five years to determine
if the City is moving in the right direction.
Jennifer Fontane, Chair of the Planning and Zoning Board, spoke of the input received from citizens
during the public hearings and believed the project was well thought out with pedestrian/bicycle and
air quality concerns being considered.
Tim Dolan, 4212 New Hampton Court and Advisory Committee member, stated he felt the plan was
excellent and urged adoption of the Ordinance.
Al Capelle, 1219 Ticonderoga Road and Committee member, considered the plan to be superb and
commended staff for its helpfulness. He urged Council to support the Plan.
Harold Swope, 4925 Hogan Drive and Committee member, commended Assistant Planning Director
Joe Frank for his efforts and supported the Plan.
Jennifer Carpenter, 848 Sandy Cove Lane, Committee member and Chair of the Landmark
Preservation Commission, commented on the historic value placed on the Harmony Community.
She urged Council to support adoption of the Plan.
Les Kaplan, Committee member, spoke of various property's available and their zonings and asked
Council to support the Plan.
Scott Mason, 861 Sandy Cove Lane and Committee member, spoke in support of the Plan and
commended staff and the Committee for its work on the Plan.
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Frank clarified staff will recommend consideration for historic site designations in 1995.
Yolanda Nicely, 300 Harmony Road, supported the plan but expressed concerns regarding the
possible displacement of residents of Pioneer Mobile Home Park.
Tom Moore, Mawson Lumber Company located at 115 Lincoln Street, expressed concerns and
dissatisfaction with revisions to the Harmony Corridor Plan and proposed rezonings. He spoke of
the downzoning of his property, stating the downzoning would make the property unmarketable and
urged Council to stop its attempt in property management.
Jenny Wilcock, 4160 Sumter Square, stated the process was an excellent example of government and
citizens working together and urged Council to adopt the Ordinance.
Frank clarified there are currently no plans for movement of the Pioneer Mobile Home Park and
spoke of the steps to be taken before a plan could be developed. He stated the Housing Authority
is looking at options regarding the trailer park and stated that at the time of second reading a
representative from the Housing Authority would be available to address Council concerns regarding
the progress of the issue if that were Council's desire.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to amend Ordinance
No. 187, 1994 on First Reading, in Section 13, page 15 to change the language from five (5) years
to three (3) years. Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: Councilmember Apt.
THE MOTION CARRIED.
Councilmember Janett made a motion, seconded by Councilmember Kneeland, to amend the
language in Section 2, page 3 second sentence under the title LU2, to read: "Secondary and
supporting uses will also be permitted in these Activity Centers but shall occupy no more than 25
percent (25%) of the total gross area of the Overall Development Plan or Planned Unit Development,
as applicable." Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, and Wanner.
Nays: Councilmember Smith.
THE MOTION CARRIED.
Scott Mason, a Fort Collins resident, spoke in support of the amendment.
Clark Mapes briefly outlined Standards and Guidelines.
Councilmember Smith spoke of his concerns regarding availability of traffic data.
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December 20, 1994
The vote on Councilmember Smith's motion to adopt Ordinance No. 187, 1994 as amended was as
follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Ordinance No. 188,1994
Amending Chapter 4, Articles I
and II of the Code of the City Regarding
Definitions and Animals. Postponed Indefinitely.
The following is staffs memorandum on this item.
"Executive Summary
For the past several months, a Task Team, consisting of City employees and Humane Society staff,
has reviewed proposed changes to Chapter 4 of the City Code, dealing with animal control. As a
result of this review, and following opportunities for public input, extensive revisions to the Code
have been recommended.
BACKGROUND. -
Due to a steady increase in population and a significant growth in natural areas, contacts between
the citizens of Fort Collins and animals (both domestic and wild) are becoming more frequent and
a few of these encounters pose potential threats to the health and safety of members of the
community. City Code regulates a number of animal and insect issues. Over the last few years, City
staff and the public have recognized that the Code needs to be revised to reflect current community
needs.
A core team of City employees and Humane Society staffformed a task team to review Chapter 4
of the existing Code and recommend changes to City Council. Since August 1993, the Team has
solicited public feedback and provided opportunities for individuals in the community, the Division
of Wildlife, CSU Extension, Larimer County Health Department and other affected interests to
discuss specific issues and concerns. To assist with communityfeedback and needs assessment, the
team sponsored an open house on May 26, 1994. From this feedback; as well as individual meetings
and presentations, a draft document was developed. Each open house participant and other
identified parties in interest received this draft for further review. Based on citizen feedback several
changes were made to the proposal. These include redefining the maximum number ofpet animals
allowed at any one premises, with possible exceptions authorized by the Executive Director of the
Humane Society; adding cats to licensing requirements; and requiring the removal of animal waste.
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December 20, 1994
Additionally, the Team has received support and approval of the changes from the City's Natural
Resources Advisory Board and the Parks and Recreation Board.
Some key Code changes include:
ARTICLE 1. DEFINITIONS.
ARTICLE If. ANIMALS,
Dog and cat licenses -
Cats were added to the license requirements.
Rabies control -
"Rabies confinement" was defined.
* Limitation on possession and feeding of wild or exotic
animals -
Wild ducks and geese were added to address concerns regarding their
nutritional requirements and to address a potential for botulism outbreaks in
the parks and other water sources resulting from large bird populations
attracted by unhealthy food sources.
* Control of animals -
Specific language was added from the Colorado Municipal League Model
Animal Ordinance regarding female animals in heat to address issues of both
pet and human safety.
Disturbance of peace and quiet -
"Yowling and squawking" was added to address species other than dogs as a
source of noise complaints.
Quantity of pet animals -
Revisions were made to clarify the general limitation on the number of pet
animals that may be maintained at any one premises. Change allows
exceptions to be considered, recognizing that the number ofpets can be
expanded if the owner can provide proper care and if there is no negative
impact on the neighborhood.
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December 20, 1994
Use of poison -
Language was made more specific with the addition of the fumigant only
restriction for burrowing rodents to ensure efficiency of kill and to protect
non -target animals.
Trapping restrictions -
The American Veterinary Medical Association considers steel jaw leghold
traps to be inhumane and federal and state wildlife agencies have restricted
the use of snares for predator control. Includes language from the draft
emergency city ordinance considered in July 1993.
Reclamation ofcertain animals restricted orprohibited and reclaimingfees -
Revisions reflect the proposed changes regarding licensing of cats.
The various changes to these Sections of the Code are explained in more detail in the annotated copy
of the Ordinance which is included in the agenda materials. "
Mayor Azari clarified for the audience changes to ordinances can be made between first and second
readings.
Commander Bud Reed gave a brief description of this item and spoke of reasons for revising the
Code. He responded to questions regarding collaring cats and spoke of the definition of flex lead.
Lisa Sauter, Executive Director of the Larimer County Humane Society, spoke of reasons for issuing
dog licenses.
Reed clarified the proposed ordinance contains language regarding licensing cats.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 188, 1994 on First Reading.
Sandy Lemberg, Poudre Canyon resident, requested the process be opened to the public and suggested
allowing a citizen task force to decide what is needed regarding animal control. He objected to cats
being restrained and spoke of enforcement difficulties.
Yolanda Nicely, 300 East Harmony Road, strongly opposed the ordinance and stated she thought it
was ridiculous and cruel to restrain cats.
Lynn White, a Fort Collins resident, expressed concerns regarding the restriction of the number of
animals permitted per household.
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December 20, 1994
Bill Steffes, a Fort Collins resident, supported the ordinance and stated he did not believe that
collaring or harnessing a cat is dangerous.
Tina Kellogg, representing the Front Range Avian Society, stated it is impossible to restrain birds on
a leash or collar and commented birds could be restrained if their wings are clipped.
Jeff Bridges, 725 Mathews, spoke of restraint issues and stated identification tags with owner
information should be included in the ordinance and requested the issues of leashes for cats be
exempted for neutered cats.
Ron Davis, a Fort Collins resident and bird breeder, opposed the 12 hour abandonment issue and
expressed concerns regarding tethering birds, and pet doors. He felt the vaccination period was
excessive, stating vaccines are good for a two year period and did not feel birds were adequately
represented in the ordinance.
Erin Richmond, spoke of the possibility of using implants for pets.
Heidi Hopkins, bird breeder and Fort Collins resident, reemphasized that birds should not be tethered
stating it almost always results in a broken leg. She opposed limiting the number of birds per
household commenting birds can not be compared to the number of dogs allowed. She requested that
the phrases "excessive" and "untimely" be defined.
Dr. Larry Johnston, 2707 Silvercreek Drive, expressed concerns regarding live animal trapping and
suggested the City stay out of pest control (skunk) issues and let the private industry deal with those
type of nuisances.
Robert Adell, a Fort Collins resident, stated people who use his services often comment that they feel
the City and/or the Humane Society should be responsible for rabid or wild animals. He suggested
instigating a voucher system to help citizens pay for services in removing wild or rabid animals.
Councilmember Smith stated there were many issues that need to be addressed before adoption of the
Ordinance.
Councilmember McCluskey thanked the task force for its work but believed that there were several
areas of the Ordinance that require more work.
Councilmember Janett suggested the Ordinance be sent back to the team with direction regarding the
number of animals allowed, restraining of birds and cats, and abandonment issues.
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December 20, 1994
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to postpone Ordinance
No. 188, 1994 indefinitely until the Health and Safety Committee has reviewed a draft that it will
recommend for Council consideration. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No.189,1994
Amending Section 5-27 of the
Code of the City of Fort Collins
Regarding Roof Covering Requirements, Adopted Option A.
The following is staffs memorandum on this item.
"Executive Summary
In December of 1993, the Poudre Fire Authority Board of Directors adopted Resolution 93-12, calling
for a bon on wood shake shingles. As staff processed this issue it became readily apparent that
banning wood shake shingles was not the appropriate way to proceed. Banning wood shake shingles
was product specific. Staff believed setting a performance standard for roof coverings was abetter
alternative to a ban.
The performance alternative chosen by staff (Option A) was to designate a Class A requirement for
all new roof coverings and reroofing. A Class A roof requirement means that the roof covering
product has passed a series of tests to determine its resistiveness to fire and fame spread. A Class
A roof covering is considered afire resistive roof. At present, no wood shake shingles have a Class
A designation. Some examples of a Class A roof are tile, light weight concrete, and slate, however,
there are several fiberglass/asphalt composite shingles that meet the Class A requirements. The other
two roof covering designations, Class B and Class C are considered fire retardant but will continue
to burn as long as a heat source is present. Several wood shingle products and many asphalt shingles
meet the lower classifications.
In January, 1994 this issue was brought before the Health and Safety Committee. It was suggested
to staff that public meetings be held on this issue. This was accomplished during the months ofAugust
and September, 1994. Additional meetings were held with the Larimer County Planning Commission,
Larimer County Building Review Board of Appeals, City of Fort Collins Natural Resources Advisory
Board, Building Review Board, and the Health and Safety Committee.
On December 1, 1994, in a joint meeting of the Larimer County Planning Commission and the
Building Board of Appeals, the Planning Commission voted to recommend that the Larimer County
Commissioners adopt a Class B standard in the mountainous areas of Larimer County and a Class
C standard for the remainder of unincorporated Larimer County. The Building Board of Appeals
voted to recommend that the Lorimer County Commissioners adopt a Class C roofing standard 44
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December 20, 1994
throughout Lorimer County. On December 5, 1994, the Lorimer County Commissioners voted to
accept the recommendation of its Planning Commission, Class B in the mountainous areas and class
C in the remainder of unincorporated Lorimer County.
In September, 1994 the City of Fort Collins Natural Resources Advisory Board voted to support the
Class A roofing standard as proposed by staff. At the November 17 Health and Safety Committee
meeting, staff was given approval to proceed with the proposed ordinance. Finally, the Building
Review Board voted to support the Class A standard (Option A) at its December I meeting. Adopting
the Class A roofing standard would, in effect, ban the use of wood shake shingles in Fort Collins.
BACKGROUND:
A working group composed of members of the building departments from Lorimer County, Fort
Collins, Loveland, Lorimer County Sheriffs Department, Loveland Fire Department, and the Poudre
Fire Authority, as well as insurance industry representatives and alternative roofing materials
representatives was established. Public meetings were held throughout Lorimer County.
Public Outreach
Ir After the January 31 Health and Safety Committee meeting, staff was directed to conduct public
meetings on the non-combustible roofing ordinance. Because staff was working on this issue with
members of the building and fire departments throughout Lorimer County, meetings were held in
several locations.
The members of the non-combustible roofing ordinance working group are: Mike Pretz, Fire
Marshal, Poudre Fire Authority, Mike Gebo, Fort Collins Building Inspection Department, Brice
Miller, Lorimer County Building Department, Don Griffith, Lorimer County Sheriffs Department,
John Slavic, Loveland Building Department, Bob Skillman, Loveland Fire Department, Steve Charles,
Berthoud Fire Department. In addition, a representative from the insurance industry and alternative
roofing supply company was apart of this working group.
The meetings were held during the months ofAugust and September. In addition, the meetings in Fort
Collins and Loveland were video taped and the Fort Collins meeting was rebroadcast during the
month of September.
Meeting dates:
August 16, 7 P.M Red Feather Lakes, Smokehouse Restaurant
August 23, 7 P.M. Estes Park, Estes Park Community Center
August 31, 7 P.M. Fort Collins, Fort Collins City Hall
September 6, 7 P.M. Berthoud, Berthoud Community Center
so September 21, 7 P.M Loveland, Loveland Community Center
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December 20, 1994
There were about 40 people in attendance at each of these meetings. Generally speaking, the
meetings were dominated by roofing contractors. Their message was twofold; 1) no standards should
be enacted, or 2) if standards are enacted, they should be minimum standards. The citizenry who
were not connected with the roofing industry were more supportive of the stricture requirements.
Moreover, lobbyists from the sake shingle industry were present at the Berthoud and Loveland
meetings as well as at the Larimer County Planning Commission meeting, the Larimer County
Building Appeals Board, and the Larimer County Commissioners' meeting.
Fire Issues
* There have been several catastrophic fires in cities across the nation. Combustible roofs are a
leading cause offire spread throughout the nation. The City of Fort Collins has the same potential
as other cities due to the widespread use of combustible wood roofing material. With the increases
in population and the increase in proposed densities, the potential for this type of fire problem
continues to grow.
* Ft. Collins has had several fires involving combustible roofs in recent history.
April, 1993, Wine Cellar, 3400 S. College
January, 1994, Single Family Residence,
714 W. County Road 54
April, 1994, Single Family Residence,
4735 S. County Road 5
July, 1994, Single Family Residence, 813 Ridgecrest Road
Although none of these fires spread beyond the building of origin, the fire spread to the roof and
caused additional damage.
* Portions of Fort Collins are located in the wildland-urban interface area. The areas included in the
wildland-urban interface are west of Overland Trail, west of Taft Hill Road, and into the foothills
west of the City. Although the Poudre Fire Authority has not suffered any major wildland fires in
recent memory, it is not without precedent. In Fall, 1984, a grassfire started by juveniles, burned
through what is now known as Taft Canyon Estates. The fire, pushed by strong winds, spread across
Taft Hill Road, and threatened homes in the Applewood Knolls subdivision. There are now hundreds
of homes located in the Westridge, Taft Canyon, The Ridge, Regency Park, and Clarendon Hills
subdivisions. Again, combustible wood roof coverings are a major concern in these areas.
Building Code Issues
The proposed fire retardant roofing ordinance would amend the 1991 Uniform Building Code (UBC)
for all new buildings. This ordinance would require all roof coverings to be Class "A" materials.
Class A materials include several fiberglass asphalt composite shingles, as well as tile, light weight
concrete, and slate. An exception would be allowed for materials with a non-combustible surface and 41
asphalt roofs with mineral granules. By allowing this exception, staff believes we will eliminate any
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December 20, 1994
economic hardship that maybe imposed by using only Class A materials. The proposal allows a year
transition period in which wood roofing material may be replaced or used on non-residential
additions. This ordinance would only apply to new construction and reroofing.
Insurance Industry
Damage to roofs in the Ft. Collins area is primarily caused by hail. Fortunately, the materials that
make roofs more hail resistant also increase the fire resistiveness of the roof covering. Some
insurance companies will offer a discount rate for using afire resistive/hail resistive type roof Some
insurance companies have indicated they will be charging a premium to the homeowner with wood
shake shingle roofs.
Alternative Roofing Materials
There are several roofing material options available as alternatives to wood The options range from
tile, light weight concrete, to dimensional asphalt shingles, including some metal type roof coverings.
A life time cost analysis offire resistive roof coverings suggests a lower overall cost to these products.
For example, a Class A heavy laminated asphalt/fiberglass shingle with an installation cost of $175-
$225 per square has a life expectation of30-40 years and a lifetime cost of $6 per year per 100 square
feet. Untreated wood shake shingles with an average installation cost of $250-$300 per square and
a life expectation of 10-15 years, would cost $22 per 100 square feet per year.
Opposition
In two of the five public meetings representatives of the cedar shake industry were present including
all the meetings with Lorimer County Planning and Building Officials. The wood shake%edar
industry makes several claims:
* Its product has been tested for this type of use.
* Its product is warranted
* Its product will not burn.
* Its product will not emit burning embers.
* Its product is environmentally benign, the industry only uses deadfall timber and does not harvest
"old growth "timber.
*Its product conforms with current building codes and they are apart of the building code process.
In addition to opposition by the wood shake%edar industry, there may be opposition by some home
owners association. Many of these people live in covenant protected subdivisions. There is a
perception of a loss in property value and aesthetics if wood shake shingles are not used.
There are also those individuals who believe that government, in this case the Fire Department, has
no right to intrude into their choice of roof coverings.
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December 20, 1994
Proponents
The Poudre Fire Authority believes it is very important to reduce the fire potential in our community.
The community has enjoyed low fire loss statistics, the lowest cost per capita, and the lowest number
of firefighters per 1000 population in the western United States. We do this by taking aggressive
action in community fire protection and fire prevention activities.
While it is true that the products the cedar industry offers have been tested, these tests are not
representative of the Colorado climate and therefore, do not take into consideration our unique
climatological conditions. Moreover, in independent tests conducted by the U.S. Department of
Agriculture, Forest Product Lab, the treated shingles performed poorly in the fire spread test as
indicated by a considerable loss offire retardancy.
In research conducted by several state and federal agencies after conflagrations, fire spread by
burning embers have been cited on numerous occasions. In fact, the City of Oakland has had a Class
C roofing ordinance in place for 10 years prior to the 1991 conflagration. After the most recent
conflagration, the City of Oakland passed a Class A roofing materials ordinance to prevent further
fires of this nature.
Although staff has heard the argument that property values decrease if wood shake shingles use is
discontinued, staff is not aware of any studies to support this contention. Several home owners who
have witnessed the actua/performance of this product in fire situations will be present to support this
ordinance.
Colorado Legislative History
Several cities along the front range have adopted similar legislation. The City of Boulder has banned
the use of wood shake shingles and has mandated that all wood roofs be replaced by 2014. Colorado
Springs and El Paso County have enacted Class C roofing ordinances for the areas east of Interstate
25, with more restrictive roofing materials on the foothill regions. Douglas, Boulder, and Summit
Counties have also enacted a Class C roofing ordinance. As noted above, Larimer County has
enacted a Class B roofing ordinance for the mountainous areas and Class C for the remainder of
unincorporated Larimer County.
Recommendation
The protection of lives and property are public safety issues that should not be compromised. The
Poudre Fire Authority believes that the Class A performance standard for roofing material, with the
exceptions noted above, is both a reasonable and prudent proposal to achieve this goal. Therefore,
the Poudre Fire Authority and the Building Permit and Zoning Department urge the City Council to
adopt the Class A roofing material ordinance as proposed in Option A.
Option B and Option C successively reduce the minimum f re classification to Class B and Class C 44
respectively and would allow fire retardant treated wood roofing material.
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December 20, 1994
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Option D is the null alternative with no changes in the city building code. The continued use of non -
fire rated roofing materials would be permitted. "
Fire Marshall Mike Pretz briefly outlined this item, spoke of how the standards were developed and
clarified the meanings of Class A-C materials.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 189, 1994 Option A on First Reading.
Bill Elliott, Chair of the Poudre Fire Authority, spoke in support of the Ordinance.
Robert Adell, Chimney Sweep, expressed concerns regarding shake shingles stating he felt they were
a fire hazard.
Bret Harris, Mile Hi Roofing, spoke in support of the Class C standard and commented that most of
the front range is Class C.
Erin Richmond, a Fort Collins resident, spoke in support of the motion.
Jeff Bridges, 725 Mathews, expressed concerns regarding historic character of older homes if the
ordinance is adopted and suggested flexibility allowing existing structures in the historic districts to
retain their current status.
Dale Kirkly, 3020 West Prospect, thanked Fire Marshall Mike Pretz for increasing the public
awareness regarding potential fire hazards, and recommended that Option C be adopted.
Carl Edminster, 1342 Stonehenge Drive, spoke of the damage the weather has on wooden shingles
causing them to dry out and become a fire hazard. He stated wood is a precious resource and urged
that it be used wisely.
Tom Seeley, representing the Cedar Shake and Shingle Bureau, supported Option C.
Manual Navaro, Fire Chief of Colorado Springs, concurred with comments by Mr. Edminster
regarding weather conditions and its effect on roofing materials and the dangers of wood shingles.
He recommended Option A be adopted.
Robert Bums, P.O. Box 5243, Bear Valley, California, spoke in support of the Poudre Fire Authority's
recommendation and stated Class A roofs do not cost more than Classes B and C. .
Manny Munez, Fire Protection Consultant with the McMullen Company and previous Deputy State
Fire Marshall for the State of California, recommended that Council adopt Class B, Option B, and
spoke of his reasons for not supporting Class A, stating the Uniform Building Code only requires a
Class B roof.
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December 20, 1994
Pretz spoke of how roofing materials are rated and stated Class A materials are fire resistant and resist
fire spread. He clarified B and C materials will continue to burn and spread as long as there is a heat
source. He stated Class A roof prices are comparable with Classes B and C.
Councilmember Apt supported Class A and spoke of environmental concerns.
Councilmember McCluskey spoke of public safety issues and supported the motion.
Mayor Azari supported the motion and requested that information regarding historic structures be
addressed before second reading of the Ordinance.
The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 180, 1994
Amending Section 4 of Ordinance No. 179, 1993,
for the Purpose of Continuing the Effective Date
of Said Ordinance Until May 31, 1995, Adopted on Second Reading_
The following is staffs memorandum on this item.
"Executive Summary
Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood Conservation
Medium Density Zoning district. The amendment was for a limited time period to preclude the
development of secondary residential structures within the East Side and West Side neighborhoods
until December 31, 1994 or until design criteria supplemental to the neighborhood plans could be
developed, whichever came first. Due to unanticipated special projects and staff turnover, the start
of the project has been delayed A design consultant has been hired to develop the guidelines under
the direction of the Planning Department. Ordinance No. 180, 1994 was adopted 6-1 on First
Reading on December 6. "
Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Ordinance No.
180, 1994 on Second Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith, and
Wanner. Nays: Councilmember McCluskey.
THE MOTION CARRIED.
Other Business
Councilmember Janett requested a two page memo on the status of the Poudre River Bike Bridge. 44
Councilmember Smith suggested posting signs informing citizens of proposed projects.
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December 20, 1994
ItCouncilmember Janett stated the public should be informed before starting projects to allow more time
for public input.
Councilmember Wanner stated he was surprised to learn of the expansion of the Housing Authority
Building, and spoke of the need for more obvious signage informing citizens of proposed and planned
projects.
Councilmember Apt suggested the possibility of creating a Tree Board.
The meeting adjourned at 11:45 p.m.
ATTEST:
Ir City Clerk
1
a,
Adjournment
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