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HomeMy WebLinkAboutMINUTES-09/17/2013-RegularSeptember 17, 2013 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, September 17, 2013, at 6:44 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Conniff, Overbeck, Poppaw, Troxell and Weitkunat Councilmembers absent: Campana, Horak Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry stated Kevin Gertig and Mike Gavin will be providing an update on the flood response and recovery during Staff Reports. Additionally, under Other Business, two Resolutions will be presented for Council's consideration to extend the local emergency declared last week and to give the City Manager authorization to provide aid and assistance to other jurisdictions. Citizen Participation Mel Hilgenberg; 172 North College, offered thoughts for flood victims, thanked Council for the proclamation relating to Constitution Week, and announced community theater events. He requested the trolley barn be left as is and suggested the refurbishment of a horse-drawn school bus and discussed suggested uses for various properties around town. Vic Day, Larimer County resident, discussed the need for flood control, specifically relating to Boxelder Creek, and stated Clark Reservoir needs additional flood mitigation controls. Eric Sutherland, 3520 Golden Currant, commented on Clark Reservoir and the Boxelder Stormwater Authority and suggested its management needs to be revisited. . Ellen Lirley, 1800 Laporte, supported additional funding for the Senior Center expansion. Carol Smith, 3,12 Galaxy Way, supported additional funding for the Senior Center expansion. Vivian Armendariz, 820 Merganser Drive, asked what type of assistance the City will provide to flood victims, including those in other municipalities. She opposed the use of taxpayer dollars on the USA Pro Cycling event. September 17, 2013 Alan Beatty, 172 North College, supported additional funding for the Senior Center expansion. Clint Skutchan, Fort Collins Board of Realtors, stated the issue of affordable housing, and the influence of the Board, will be discussed within his organization. Sandy Gordon, 300 Remington, supported additional funding for the Senior Center expansion. Citizen Participation Follow-up Councilmember Cunniff requested follow-up regarding the Boxelder Creek issue. City Manager Atteberry replied a report will be provided. Councilmember Troxell noted the Boxelder project is not yet complete and supported the design and thought behind the project. Mayor Weitkunat thanked Mr. Skutchan for the discussion regarding affordable housing within the Board of Realtors. Councilmember Troxell discussed a meeting with the Fort Collins Housing Authority and noted the longer -term future of affordable housing within the community needs to be discussed. CONSENT CALENDAR 6. Consideration and Approval of the Minutes of the August 20 and September 3, 2013 Regular Meetings. 7. Second Reading of Ordinance.No. 122, 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Mayo Foundation for Health Risk Assessment Software for the City's Wellness Proeram. This Ordinance, unanimously adopted on First Reading on September 3, 2013, authorizes a one-year extension of the contract with the Mayo Foundation for Medical Education and Research to provide services associated with the assessment and management of existing and potential health risks of City employees from April 1, 2014 to March 31, 2015, with the option to extend for additional one (1) year periods not to exceed four (4) additional one-year renewals. This extension will allowed continued use of services provided by Mayo while staff assesses costs, benefits, services and other options associated with an Onsite Employee Medical Clinic and the potential to consolidate health risk assessment services now provided by Mayo with the Clinic. 8. Second Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This Ordinance, unanimously adopted on First Reading on September 3, 2013, expands the boundaries of the Fort Collins Downtown Development Authority and amends the MU September 17, 2013 Plan of Development of the Authority to include a commercially zoned property in the 800 block of Buckingham Street. The property, which includes one parcel owned by Colorado Iron and Metal Inc. and one parcel owned by Odell Investments, LLC, is vacant land with no address. 9. Second Reading of Ordinance No. 124, 2013, Authorizing a Patio Lease and Convevance of an Access Easement on City Property to 201 S College, LLC. This Ordinance, unanimously adopted on First Reading on September 3, 2013, authorizes the conveyance of a patio lease and a permanent access easement on Oak Street Plaza to the 201 S. College, LLC owners of the lower level of Old Post Office Building adjacent to the park. The owner of the lower unit of the building has requested a patio lease on a portion of the City property adjacent to the north side of their building in anticipation of leasing the unit as a restaurant. The lease area will be used by the unit owner and their tenant for dining and art display purposes only and will be limited to a 10-year term with an option to renew for up to two (2) additional 5-year terns. In addition, the owner has requested an access easement across the park leading from their north entrances out to College Avenue. This access easement will provide the owner and their tenant legal access in and out of the lower unit. 10. Second Reading of Ordinance No. 125, 2013, Establishing a Temporary Ban on Marijuana Establishments Within the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on September 3, 2013, establishes a temporary ban on marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores (collectively "marijuana establishments") in the City of Fort Collins -through March 31, 2014. Staff has scheduled work sessions for updates on November 12, 2013 and February 11, 2014. The November work session will focus on the results of the statewide taxation ballot question and public engagement conducted to date. 11. First Reading of Ordinance No. 126, 2013, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. The purpose of this item is to request approval of an agreement for the lease -purchase of vehicles and equipment for the cost of $911,887. Payments under the agreement at the 2.28% interest rate will not exceed $193,489 in 2014. Money for 2014 lease -purchase payments is included in the 2014 budget. The effect of the debt position for the purpose of financial rating of the City will be to raise the total City debt by 0.67%. A competitive process was used to select Pinnacle Public Finance for this lease. A 2013 Finance Department analysis of current and historical equipment lease financing arrangements showed that lease -purchase is in the best interest of the City given the normal spread between lease rate and reinvestment rate. Staff believes acceptance of this lease rate is in the City's best interest. 290 September 17, 2013 12. First Reading of Ordinance No. 127, 2013 Repealing Article II of Chapter 15 of the City Code in its Entirety. Article II of Chapter 15 of the City Code regarding intrusion, robbery, fire and other alarm systems is outdated and needs to be repealed in its entirety. 13. Routine Easement. Easement for, construction and maintenance of public utilities from Roger T Sterling and Bernita J. Sterling, to install advanced metering system infrastructure for Laporte water meters at 2325 Eddy Lane. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. 7. Second Reading of Ordinance No. 122, 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Mayo Foundation for Health Risk Assessment Software for the City's Wellness Program. 8. Second Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. 9. Second Reading of Ordinance No. 124, 2013, Authorizing a Patio Lease and Conveyance of an Access Easement on City Property to 201 S College, LLC. 10. Second Reading of Ordinance No. 125, 2013, Establishing a Temporary Ban on Marijuana Establishments Within the City of Fort Collins. Ordinances on First Reading were read by title by City Clerk Nelson. 11. First Reading of Ordinance No. 126, 2013, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles. and Equipment. 12. First Reading of Ordinance No. 127, 2013 Repealing Article II of Chapter 15 of the City Code in its Entirety. 19. Items Relating to Exterior Property Maintenance. A. First Reading of Ordinance No. 128, 2013, Amending Article IV of Chapter 20 of the City Code Pertaining to the Outdoor Storage of Personal Property. B. First Reading of Ordinance No. 129, 2013, Amending Section 5-47 of the City Code Pertaining to the International Property Maintenance Code. 291 September 17, 2013 Councilmember Troxell made. a motion, seconded by Councilmember Poppaw, to adopt and approve all items on the Consent Calendar. Yeas: Poppaw, Troxell, Weitkunat, Overbeck and Conniff. Nays: none. THE MOTION CARRIED. N Consent Calendar Follow-up Councilmember Conniff requested information about the justification process regarding Item No. 11, First Reading of Ordinance No. 126, 2013, Authorizing the Purchasing Agent to Enter into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment. Councilmember Poppaw noted the ban on marijuana establishments is temporary. Staff Reports Mike Gavin, Director of Emergency Management, provided a chronological outline of the flooding events of the week and showed slides of flooding in the area.. He discussed the necessity of road and bridge closures throughout the city and detailed response plans moving forward. Councilmember Troxell requested information regarding water quality. Kevin Gertig, Water Resources and Treatment Operations Manager, replied the Poudre supply was shut down due to elevated turbidity but Horsetooth Reservoir water meets or exceeds all state, local, and federal regulations for water quality. He stated there have been no issues at the City's treatment facilities. Mayor Weitkunat thanked all staff and employees who worked toward aversion of a flooding crisis. Councilmember Troxell thanked'City Manager Atteberry and City staff for cooperation with area communities. Councilmembers Overbeck'and Cunniff expressed sympathy for flood victims and commended staff on the flood response. Councilmember Poppaw commended staff and first responders on the flood response. City Manager Atteberry discussed lessons he has learned over the past week. Councilmember Reports Councilmember Overbeck reported on the Council finance meeting regarding the Prospect Station URA agreement. 292 September 17, 2013 (Secretary's note: The Council took a brief recess at this point in the meeting.) Resolution 2013-079 Concerning a Loan from the City of Fort Collins to the Fort Collins Urban Renewal Authority for the Purpose of Funding Certain Improvements for the Prospect Station Proiect and Declaring the City Council's Present Intent to Fund Such Loan, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this Resolution is to declare City Council's intent to provide a loan to the Fort Collins Urban Renewal Authority (URA) for one ha f of the URA's reimbursement obligation to Prospect Station LLC. On September 17, 2013, the Fort Collins Urban Renewal Authority (URA) Board will consider a Redevelopment Agreement for Prospect Station, a new mixed -use development proposed within the Prospect South Tax Increment Financing (TIF) District. The Agreement would authorize a $494,000 reimbursement obligation to Prospect Station LLC (Developer) for eligible project costs. Half ($247,000) of the reimbursement would be provided to the Developer upon completion of the project and verification of costs, and the remaining ha f would be dispersed in annual payments over the remaining life of the TIF District. The Redevelopment Agreement would obligate the URA to make a $247,000 payment to the Developer upon completion of the project in 2014. Since the URA will not have sufficient fund balance to pay that amount outright, a loan is requested from the City of Fort Collins. BACKGROUND /DISCUSSION Prospect Station LLC (Developer) submitted a formal application to the Fort Collins Urban Renewal Authority (URA) in June 2013 requesting tax increment financing (TIF) for a new, mixed -use project in the Prospect South TIF District. URA staff has since negotiated a Redevelopment Agreement, which will be considered by the URA Board for approval on September 17, 2013. Based upon the Larimer County Estimate of Value, the project is anticipated to generate $865,340 over the remaining 23-year life of the Prospect South TIF District (although the TIF District ends in 2036, the URA will collect tax increment revenue through 2037). If approved, the Redevelopment Agreement would establish a reimbursement obligation for eligible costs from the URA to the Developer .of up to $494,000. Of this amount, half would be due upon completion of the project, and the remaining half would be dispersed through annual payments of $11,762 until 2036. The reimbursement obligation represents approximately 57% of the total estimated tax increment generated by the project. The project is expected to be complete by fall 2014; provided eligible costs are verified, this means that $247, 000 would be due to the Developer. Since the URA will not have sufficient fund 293 September 17, 2013 balance to pay this sum outright, it is seeking a loan from the City of Fort Collins to fulfill this portion of the obligation. This Resolution would declare, the Council's present intent to provide a loan to the URA. Although the Resolution would be approved now, the loan would not be executed until such time as the funds are needed to make the payment to the Developer. The Resolution establishes the basic terms of the loan according to the City's current investment policy (see Attachment 1 for the potential loan repayment schedule), if the terms need to change at time of execution and no longer adhere to established policy, the loan would be brought back to the URA Board and City Council for reevaluation. Loan Amount: $247, 000 Interest Rate: Higher of the Treasury Rate or Municipal Rate plus .5%, per City investment policy. For the purposes of this Resolution, the current rate of 5.25% was used to project a repayment schedule. The actual rate will be established based on conditions when the loan is executed Term: 121 years Based on these assumptions, principle and interest payments will total 5422,284. When combined with the remaining half of the reimbursement obligation (S247, 000), the total cost to the URA would be 5669,284, which represents approximately 77% of the total estimated increment generated by the project. See Attachment 2 for the anticipated tax increment cash flow related to this project. FINANCIAL /ECONOMIC IMPACTS Adoption of this Resolution states Council's intent to provide a loan to the URA at the time the URA needs to make a payment to Prospect Station LLC, per the Redevelopment Agreement considered by the URA Board on September 17, 2013. The Resolution provides a repayment schedule based on the City's current investment policy; the loan amount and interest rate are subject to change at the time the loan is executed. Unless the terms need to change in a way that no longer adheres to the City's investment policy, the loan will be executed administratively. " Tom Leeson, Redevelopment Program Manager, stated this Resolution would declare the Council's intent to fund a loan to the URA for the purpose of funding certain improvements for the Prospect Station project. Eric Sutherland, 3520 Golden Currant, stated the agreement will give $750,000 taxpayer dollars to a private entity and suggested Council needs to study more before making decisions relating to the URA. Councilmember Cunniff noted the URA needs this loan because it is unable to meet the initial payment obligation. He asked if the necessity for such loans will be discussed. Leeson replied the necessity for this loan has nothing to do with previous circumstances; the Prospect South TIF District is new and has not generated enough revenue for a lump sum payment without a loan from the City. 294 September 17, 2013 Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-079. Yeas: Troxell, Weitkunat, Overbeck, Cunniff and Poppaw. Nays: none. THE MOTION CARRIED. Items Relating to Exterior Property Maintenance, Adopted on First Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to propose Code amendments that will address ongoing exterior residential property maintenance issues that create a negative impact on neighboring properties and 'that are not currently addressed by existing codes. This item focuses on three items that have a significant impact to the neighborhood and the general public because they are viewable from the public right-of-way. Neighbors_ have expressed that these conditions have a negative impact on their property values, enjoyment of their properties, and a general feeling of neglect and deterioration. The three proposed Code amendments include: • Deficient Structures • Vacant & Dangerous Buildings Registry • Excessive Storage of Personal Property Viewable from the Public Right -of --Way The above items are Phase 1 of this topic. Phase.2 will include excessive personal property and inoperable motor vehicle storage in back yards. Phase 2 is scheduled ,for City Council consideration on November S, 2013. BACKGROUA'D /DISCUSSION Over the past several years, citizens have complained and inquired about residential properties that appear unkempt, deteriorated, and in disrepair. Staff addressed concerns at the identified properties that were violations of the Municipal Code; however, there continued to be existing, on -going issues that could not be resolved under the current Code. In response to those continued concerns, staff researched what other communities have done, explored other options, and discussed it with City Council at two work sessions. Staff documented the properties in Fort Collins that have various exterior property maintenance issues that negatively impact their neighborhood but are not currently in violation of the Code. There are relatively few properties that meet this description (less than a dozen); but neighbors continue to say that these properties have a significant negative impact on their neighborhood. Many of these properties have been deteriorating for several years, even decades in some cases. Some negative impacts expressed by neighbors include: declining property values, loss of enjoyment of their property, safety hazards, unwanted wildlife and insects, and a general feeling that no one cares about their neighborhood. 295 September 17, 2013 City Council has discussed this issue at two work sessions — March 12, 2013 and July 23, 2013 (Attachments 1 and 2). At the July 23 Work Session, Council directed staff to bring Phase I items to Council for consideration now, and to schedule the Phase 2 items in the fall (they are scheduled for November 5, 2013). Phase 1 includes. • Deficient Structures • Vacant & Dangerous Buildings Registry • Excessive Storage of Personal Property Viewable from the Public Right -of -Way Deficient Structures The currently adopted 2006 International Property Maintenance Code (IPMC) specifically exempts owner -occupied dwellings from the "substandard" classification addressing interior and exterior conditions. Substandard can be defined as defects that need repair or maintenance and have not yet been declared "dangerous `. Dangerous is defined as an imminent risk to the occupant or the public. When an owner-o,ccupant.fails to maintain the exterior of their property, the building can continue to degrade and over time deteriorate to a condition resembling "dangerous" resulting in costly repairs and becoming unsightly to an extent that property values throughout the neighborhood can be adversely affected. (See Attachment 3 for photo examples) A new classification of "deficient" is proposed that would be applicable to all buildings including owner -occupied dwellings. Deficient would be defined as, "a structure that through neglect, disrepair, or lack o/ maintenance (1) is no longer considered to be weather- resistant using approved materials, or (2) allows the entrance of rodents or insects through holes in the exterior envelope, or (3) has exterior materials which are displaced or lack sufficient covering to provide the weather resistant barrier originally approved. " Owners of buildings that are declared to be deficient would be notified of the specific issues and be given suggestions on how to best mitigate the deficiencies. Building Services staff would work with the owner, provide contact information for private support services, and allow a reasonable time for corrections. Owners of deficient properties have the right to appeal any orders of the building official as described in the IPMC to the Building Review Board and in only extreme deficient cases, could the owner be subject to a citation and fine of up to $1, 000 per day. Vacant & Dangerous Buildings Registry The currently adopted 2006 International Property Maintenance Code (IPMC) establishes processes that the City can use to monitor vacant buildings and includes actions needed to be taken when a building becomes dangerous. The majority of vacant buildings throughout the City require no City involvement because the owner or responsible party are providing the oversight, and there is no unlawful activity occurring. The vacant properties that are most problematic are those that are continually broken into or are open and unsecured or used for illegal activities. The City will post these buildings as "dangerous" and require that the owner install appropriate security measures and provide ongoing monitoring. Some owners of these vacant and dangerous buildings live out of state, and 296 September 17, 2013 the City will notify the owner when a violation is identified. It can take the out-of-state owner a number of days to correct the violation, mainly because the owner is trying to contact someone locally who is willing to make the corrections. With the proposed Vacant and Dangerous Building Registry program, an owner of a vacant building, that has been declared a "dangerous" building by Building Services, will be required to identify a local person who assumes the responsibility for assuring that the property is secured from unlawful entry and who can act on behalf of the owner to address and correct violations at that property. Owners of Vacant and Dangerous buildings have the right to appeal any orders of the building official as described in the IMPC to the Building Review Board and in only extreme cases, could the owner be subject to a citation and fine of up to $1,000 per day, or an order to demolish the "dangerous " structure. Excessive Storage of Personal Property Viewable from the Public Right -of -Way Currently, the Code prohibits the storage of all items that are not customarily stored outside in residential areas (e.g. indoor furniture, car parts, appliances, etc.) either in public view or viewable from ground level of a neighboring property. Additionally, the Code does not allow the storage of any rubbish or trash. The Code currently does not limit the amount of personal property that can be stored on any portion of the property if it consists of items that are customarily stored outdoors in a residential area (e.g. yard equipment, outdoor furniture%rnaments, tools, barbecue grills, landscaping materials, etc.). This proposal attempts to address the excessive storage of personal materials stored in public view. It does not prohibit the storage of items customarily stored outdoors in a residential neighborhood, rather, it addresses the amount of items as well as the duration of time that they can be stored in public view. Because it is very difficult to define "excessive" storage, this proposal takes several factors into consideration in order to declare a violation. (See Attachment 4 for photo examples) The factors taken into consideration include: • total amount of personal materials stored outdoors in public view • duration of personal materials stored outdoors in public view • general overall appearance of the stored materials • level of deterioration or disrepair of the stored materials • potential or actual negative impact of the materials on property values or loss of enjoyment of property of neighboring residential properties . • potential for the stored materials to house rodents, insects, or other vermin • whether the materials are stored in the applicable property setback Additionally, this proposal includes an appeal process. If a property owner disagrees with a declaration of an excessive storage violation, they would have the option to appeal it to the Community Development & Neighborhood Services Director. Violations of this Code would be civil infractions with fines assessed as a penalty for non- compliance. As with current Code Compliance practices, a notice of violation would be sent to 297 September 17, 2013 the property owner of record (as well as the tenant and property manager, if known) giving them three weeks to correct the violation before a citation would be issued. Staff can also work with property owners to refer them to available'and appropriate resources or assistance programs and to give them an additional, reasonable amount of time to correct the violation focusing on achieving voluntary compliance whenever possible. If they do not comply, a civil citation can be issued to the property owner, tenant (if any), or property manager (if any) assessing a fine and still requiring compliance. Anyone who receives a citation also has the right to request a hearing in front of the Municipal Court Referee or Judge. FINANCIAL /ECONOMIC IMPACTS It is anticipated that there will be very little financial impact to the City related to enforcement of these code amendments. There are relatively few properties that will be impacted, and the City already responds to inquiries about these properties now. i There may be some economic benefit to addressing these properties because of the increase, or perceived increase, in property values and increased level of neighborhood quality. There will be an economic burden on the property owners that must make corrections to comply with the Code requirements. ENVIRONMENTAL IMPACTS This item could potentially improve the environment by reducing the harborage or infestation of rodents/insects and by improving the physical appearance of neighborhoods. BOARD / COMMISSION RECOMMENDATION The Affordable Housing Board and the Building Review Board both heard presentations about this item, although neither Board provided a recommendation. The Affordable Housing Board provided feedback that the code changes could add new financial burdens to struggling low-income households, and suggested that "excessive accumulation of storage" should be defined clearly. Staff explained that the Larimer Home Improvement Program would be available to help people who qualify financially and that staff would be able and willing to work with affected households regarding time and possible solutions. (Attachment 7) . The Building Review Board provided feedback that there were specific reasons why owner - occupied units were excluded from the International Property Maintenance Code (IPMC) requirements when they were adopted and expressed concern that the new "deficient" category holds some similar requirements. (Attachment 6) PUBLIC OUTREACH Public Outreach to date includes: 298 September 17, 2013 • Coloradoan Article • CityNews • Neighborhood News • Focus Group meetings • Fort Collins,Board of Realtors Governmental Affairs group meetings • Social Media • Affordable Housing Board — June 6, 2013 and September 5, 2013 • Building Review Board — July 25, 2013 Feedback included primarily support for these items. Most of the people who have expressed a high level of support are immediate neighbors of the identified problem properties. Most people who expressed opposition to these code changes stated that they feel it is too much government intervention. One common area of concern from stakeholders as well as the Affordable Housing Board was whether there would be any assistance available for people who cannot afford to make the necessary corrections. Staff confirmed that the Larimer Home Improvement Program could be utilized by people who meet the income qualifications to get assistance for needed home repairs (Attachment 5). Additionally, staff would be able to work with people regarding the amount of time they need to make the necessary corrections. " Beth Sowder, Neighborhood Services Manager, stated the purpose of this discussion is to create Code amendments to address ongoing property maintenance issues in residential areas. Mike Gebo, Chief Building Official, stated the International Property Maintenance Code (IPMC) addresses existing buildings and discussed the various categories of unfit buildings. Owner - occupied buildings were specifically exempted from the substandard condition when the City adopted the IPMC. The proposed change would be to have a new classification called "deficient" which would examine structures from an exterior, weather-proof view. Enforcement would be based on complaints and there is an appeal process for owners. Sowder discussed the excessive storage of personal property viewable from the public right-of- way item. The personal property addressed here does not include items customarily stored outdoors and many factors contribute to "excessive storage." Sowder discussed the public outreach efforts relating to these changes. Vince Dechand, 1918 Hampshire Road, stated he lives next door to an owner -occupied . dilapidated home. He detailed the deficient issues with the home and supported the Ordinances. Billie Welsh, 2218 Coventry Court, stated she lives next door to an unoccupied deficient home. She detailed the issues with the home and supported the Ordinances. She stated the roof currently has a blue tarp covering. Eric Sutherland, 3520 Golden Currant, stated the City has spent a great deal of money remedying urban blight throughout town and yet it does not provide a solution to these issues. 299 ti September 17, 2013 Eric Hart, 2212 Coventry Court, discussed the issues with the Coventry Court house and supported the Ordinances. Ray Meckless, 2213 Coventry Court, discussed the issues with the Coventry Court house and supported the Ordinances. Tatiana Martin, Fort Collins resident, expressed concern about the possible amount of excessive complaints these new regulations would generate. She stated the City needs to have funds in place to aid homeowners who are impacted and urged further definition of the term "excessive." Paul Hunter, Fort Collins Board of Realtors Chair, stated the Board supports the proposed deficient definition as long as the regulations are fairly enforced and assistance resources are made available to anyone,facing undue financial restraint. Additionally, the Board supports the creation of the vacant and dangerous homes registry as a part of the exterior, property maintenance code. Mr. Hunter, stated the Board currently opposes the regulation relating to excessive storage of personal property viewable from the public right-of-way due to guidelines not being clearly defined and equally applied and assistance resources not yet identified for hardship cases. Greg Rittner, Fort Collins Board of Realtors, supported the addition of the deficient definition and the creation of the vacant and dangerous homes registry, given proper assistance resources; but suggested the excessive storage of personal property issue should be moved to the second phase. Cindy Bolton, 907 Sitka Street, supported the Ordinances as she lives in a neighborhood with a hoarder. Clint Skutchan, Fort Collins Board of Realtors, supported the addition of the deficient definition and`the creation of the vacant and dangerous homes registry, given proper assistance resources, but suggested the excessive storage of personal property issue should be moved to the second phase. Heidi Huber -Stearns, Fort Collins resident, supported the Ordinances as she shares a property line with a deficient property which has continually deteriorated. Mayor Weitkunat stated the discussion related to the International Property Maintenance Code items, deficiency and vacant and dangerous buildings registry, does not seem to be of controversy. However, she noted the concerns relating to the term "excessive" with regard to outdoor storage and the City Code changes should be discussed. City Attorney Roy discussed the term "prima facie" which allows an officer to issue a citation, yet it remains to'be proven by a'preponderance of the evidence because it is a civil infraction. The phrase is used to set up criteria to be used by the officer to make the detertination as to whether or not to issue a citation. City Attorney Roy noted the definition of "excessive" is a difficult undertaking and will likely never be objective; however, the goal of putting sufficient criteria in the language, in order for one to make that determination, is attainable. 300 September 17, 2013 Councilmember Overbeck asked if a fund is available for community members to find resources. Sowder replied there is not a City fund available; however, the County has a program for zero or low -interest loans which is partially funded through the City's competitive process. As far as excessive storage, manpower may be needed to move materials out of view and the City works with entities such as CSU to find those resources. Councilmember Cunniff stated this is a significant step in the right direction but stated a reasonable argument can be made for expanding the City's assistance to those who have significant financial need. Councilmember Poppaw requested staff input regarding whether an excessive number of people may use this as a punitive tool against neighbors. Sowder replied it could happen right now; this Code does not make that any more likely. Staff can usually recognize when an underlying issue exists between neighbors and they are urged toward the City's mediation program. Councilmember Poppaw asked what had been discovered relating to best practices in other communities. Polly Lauridsen, Code Compliance Supervisor, replied communities that have something like this generally place it within the Land Use Code and consider it a change of use when a property becomes a storage property. She stated our Code looks at the use being a residential property so it seems more appropriate in the nuisance area. Councilmember Poppaw noted the Latimer County Home Improvement Program can provide assistance with zero or low -interest loans and suggested there may be other programs in the County could handle the allocation of CDBG funds for this purpose. Councilmember Troxell asked for the number of homes with an excessive storage problem. Lauridsen replied there are probably between eight and ten currently. Councilmember Troxell asked if this item was presented to the Building Review Board and the Affordable Housing Board for consideration. Sowder replied in the affirmative but noted the specific draft language was not considered. Gebo replied he again presented to the Affordable Housing Board recently and discussed the seven criteria for defining "excessive." He noted there was more support for having a criteria -based determination of "excessive" and the Board suggested multiple individuals should be used to make the determination rather than just one inspector in the field. Councilmember Troxell noted the Ordinance speaks to a single officer rather than multiple individuals. City Attorney Roy replied it is the investigating officer who makes the decision as to whether to issue a citation and the finder of fact in the court makes the determination as to whether a violation has occurred. Councilmember Troxell asked how evidence will be presented. City Attorney Roy replied the evidence would be presented as it is in any court proceeding, through witnesses who can testify to the existence and quantity of the materials via photographs. The referee then takes the evidence into consideration and makes a determination as to whether a violation has occurred. 3b1 September 17, 2013 Councilmember Troxell asked if staff can guarantee mediation prior to the issuance of a citation. Sowder replied in the negative, noting the mediation program is voluntary and stated compliance with the regulation would still be necessary. Councilmember Troxell expressed concern this may pit neighbors against each other. City Attorney Roy replied that problem is inherent in trying to regulate nuisances, because most nuisances are a question of degree and the existing Code provisions are also discretionary. Mayor Weitkunat suggested the term "any amount of storage materials" should be removed from the Ordinance as the accumulation factor is what should be addressed. Additionally, she opposed the inclusion of the phrase "unreasonably interfere with the enjoyment of life." City Attorney Roy replied he agrees with the first suggestion but noted case law addresses the "enjoyment of life" phrase; however, it can be revised. Mayor Weitkunat expressed concern relating to some of the Ordinance language. Councilmember Conniff made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 128, 2013, on First Reading. Councilmember Cunniff stated he supports the Ordinance as written because the definition. of nuisance is subjective. He supported the inclusion of "enjoyment of life" and noted any quantity of some items could be considered dangerous. Councilmember Poppaw argued the inability to walk down the sidewalk negatively impacts enjoyment of life. City Attorney Roy suggested staff rework phrasing prior to Second Reading. Councilmember Troxell supported Mayor Weitkunat's suggestions and stated he may oppose the motion should it not contain that language. Mayor Weitkunat noted the importance of addressing the 50,000 homes in the City to which this does not apply. Councilmember Cunniff replied he would be willing to examine language changes prior to Second Reading. Councilmember Overbeck stated the item needs to be moved forward and language can be addressed prior to Second Reading. Mayor Weitkunat stated she is not attempting to stall the item; she wants to craft language that appropriately addresses the egregious problems and protects others. City Attorney Roy suggested Second Reading be pushed out a month rather than two weeks. Councilmember Troxell stated he would like both Phase Two and this Ordinance to be publically vetted during that time. Councilmembers Cunniff and Overbeck stated they would accept October 15 for Second Reading. 302 September 17, 2013 The vote on the motion, as amended, was as follows: Yeas: Weitkunat, Overbeck, Cunniff and Poppaw. Nays: Troxell. THE MOTION CARRIED. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 129, 2013, on First Reading. Yeas: Overbeck, Cunniff, Poppaw, Troxell and Weitkunat. Nays: none. THE MOTION CARRIED. Other Business Items Relating to the Larimer County Flood of 2013, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY A. Resolution 2013-080 Extending the State ofLocal Emergency Declared by the City Manager. B. Resolution 2013-081 Authorizing the City Manager to Enter Into Mutual Aid Agreements with Other Local Governments in Response to the Larimer County Flood qf 2013. On Friday, September 13, 2013; the President of the United States and the Governor's office declared a disaster area for Northern Colorado due to the extensive Dash flooding and river flooding along the Front Range and Northern Colorado region. A local emergency proclamation was then signed by City Manager Darin Atteberry on September 13, 2013, and sent to the Governor's office. The City proclamation was based on the fact that Fort Collins suffered and was threatened with serious peril to the safety of people and property within the City limits due to the "Larimer County Flood of 2013. " City Council is asked to approve the extension of the proclamation of local emergency until such time as the City. Manager determines it is no longer necessary. The "Larimer County Flood of 2013" has severely affected several neighboring communities including Larimer County, Estes Park, Longmont and Loveland. These communities need aid and assistance to respond and recover from the impacts of the flood and the City is in a position to provide some of the requested resources. To expedite the City's response, City Council is asked to authorize the City Manager to enter into mutual aid agreements for short-term aid and assistance. 303 September 17, 2013 BACKGROUND /DISCUSSION Resolution 2013-080: Extending the Proclamation of Local Emergency The flood `Larimer County Flood of 2013" began on September 12. Evacuations in certain areas of the City such as Andersonville, Alta Vista and Buckingham neighborhoods were ordered along with numerous road and bridge closures. On September 13, 2013 the City Manager, as Director of the City's Office of Emergency Management, declared the existence of a local emergency in accordance with Section 2-671 of the City Code. As the flood waters recede and the response phase turns to the assessment and recovery phase, the existence of the local emergency continues. The most immediate focus of this phase includes extensive assessment of the City's infrastructure and local facilities. Some examples include: • Assessment of critical infrastructure such as our raw water pipelines, storm water infrastructure, buildings, and the City's flood warning system review (damage has already been observed at the Lincoln Avenue gauge) • Assessment of the City's bridges (the water level remains too high to fully inspect footings) • Assessment of our underground power facilities • Assessment of property and roads at Meadow Spring Ranch. Review and assessment of the entire Poudre floodplain and the River bank must be conducted to assess the impacts of the flood before any work can be performed in the River or within the floodplain. We have damage along the Poudre Trail. The worst section is between Prospect Ponds and the Environmental Learning Center with batik erosion and the trail overhanging the bank Fallen trees and debris are strewn over 11 miles of the Poudre Trail. There is also structural trail damage under some underpasses and erosion and scouring in areas elsewhere. Debris management will continue to be a significant issue as the water level decreases and staff determines what remains in the Poudre River basin and the flood prone areas. The flood occurred in the midst of the ongoing recovery efforts of last year's High Park Fire. Teams will begin to assess the mulch this week. While the High Park Fire is a separate event, it has substantially stretched our resources and compounded our challenges to recover from the extensive impacts of that disaster. Resolution 2013-080 is being presented for City, Council's consideration. Section 2-671(a)(1) of the City Code states that a local emergency shall not be continued or renewed for a period in excess of seven days, except by or with the consent of the City Council. In order to allow sufficient time for a transition from the emergency response phase to a thorough assessment and determination of the status of critical infrastructure, it is necessary that the proclamation of local emergency remain in place. Therefore, this Resolution extends the proclamation of local emergency until such time as the City Manager determines it is no longer necessary. 304 September 17, 2013 The City Manager will notify the Council, in writing, that the local emergency is ended. Resolution 2013-081: Authorizing Mutual Aid Actions and Agreements The `Zarimer County Flood of 2013" has severely of several neighboring communities including Larimer County, Estes Park, Longmont and Loveland. These communities need aid and assistance in the form of resources and services to respond and recover from the impacts of the food. During critical phases of the emergency,. it is important that neighboring communities work together to protect lives and property. It underscores the concepts of partner communities helping one another during emergencies as well as "whole community" that are emphasized by the Federal Emergency Management Agency (FEMA). In the spirit of cooperation and mutual assistance, the City wants to respond quickly. To do that, the City Council is asked to authorize the City Manager to enter into mutual aid agreements with other governmental entities for short-term aid and assistance. " Councilmember Poppaw made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2013-080. Yeas: Cunniff, Poppaw, Troxell, Weitkunat and Overbeck. Nays: none. THE MOTION CARRIED. Councilmember Poppaw .made a motion, seconded by Councilmember Troxell, to adopt Resolution 2013-081. Yeas: Cunniff, Poppaw, Troxell, Weitkunat and Overbeck. Nays: none. THE MOTION CARRIED. The meeting adjourned at 9:59 p.m. ATTEST: City Clerk Adjournment �A F FORD 305