HomeMy WebLinkAboutMINUTES-06/05/2012-RegularJune 5, 2012
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, June 5, 2012, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by
the following Councilmembers: Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weitkunat.
Councilmembers Absent: Horak
Staff Members Present: Atteberry, Jensen, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the published agenda.
Citizen Participation
John Fye, 1405 Briarwood Road, stated he is the Republican candidate for the Colorado House of
Representatives House District 53. He opposed the placement of a GPS tracking device by the
Sheriffs Office on a citizen's vehicle.
Mel Hilgenberg, 172 North College, thanked the City for the placement of downtown flowers and
requested that the City enter into a partnership to renovate the horse-drawn school bus. He
suggested term limits be removed or increased and suggested a retail sales tax be placed on internet
sales. He promoted the legalization of all organic drugs, with heavy taxing and regulations.
Cheryl Distaso, 135 South Sunset, Fort Collins Community Action Network, encouraged Council
to adopt a resolution that urges Congress to pass a constitutional amendment that would overturn
the U.S. Supreme Court decision in the Citizens United case. She read part of the suggested
resolution.
Nancy York, 130 South Whitcomb, completed the reading of the suggested resolution regarding the
Corporation Separation Movement:
George Meyer, non -Fort Collins resident, discussed corruption within the City organization.
Melanie Schure, 2613 Adobe Drive, supported the Corporation Separation Movement resolution.
Sean Dougherty, Fort Collins resident, appreciated the accessibility of Council and staff and
requested thorough vetting of the extension of term limits. t
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Stan Schure, 2613 Adobe Drive, supported the Corporation Separation Movement resolution.
Sarah Burnett, 714 Gilgalad Way, opposed intense multi -family housing projects for which the City
has no standards. She requested that Council schedule a work session to examine the issue and
develop new standards. She suggested Council place a moratorium on these types of project until
standards can be developed.
Stacy Lynne, 305 West Magnolia, stated she was illegally arrested and wire -tapped by the Sheriffs
Office and that her son was inappropriately removed from her home.
Bill Malinny, Fort Collins resident, continued on Ms. Lynne's behalf.
Jean Heintz, Fort Collins resident, continued on Ms. Lynne's behalf and stated crimes were
committed within City limits.
Jim Hartman, Fort Collins resident, continued on Ms. Lynne's behalf.
Heather Meyer, 6733 Colony Hills Lane, discussed the large community need for United Way
funding.
Russ Harvey opposed the recent incident relating to Stacy Lynne and the Larimer County Sheriff s
Office.
Debbie Carrow opposed the recent incident relating to Stacy Lynne and the Larimer County
Sheriffs Office.
Maureen Paterson requested that Council investigate the situation relating to Stacy Lynne and her
son.
John Maulsby, Wellington resident, stated Stacy Lynne's issues with the Sheriff s Office began after
she started to publicly discuss ICLEI.
Betty Aragon, 140 2nd Street, opposed the Ride the Rockies event and the negative impacts of such
event on the Buckingham neighborhood.
Jeffery Martin, Fort Collins Board of Realtors president, discussed term limits and opposed the
placement of the issue on the November ballot due to the cost of the election.
Marcella Lozano, 212 East Lincoln, opposed the Ride the Rockies event due to its negative impact
on the neighborhood.
Elaine Bueno, 217 2nd Street, opposed events in and near the neighborhood surrounding the
breweries.
Naun Ruiz, 122 East Lincoln, opposed the Ride the Rockies event and suggested it be moved to
another park. He stated traffic laws are not enforced on Lincoln Avenue.
John Anderson, Fort Collins resident, supported the Corporation Separation Movement resolution.
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Zach Heath, 115 South Sunset, supported the Corporation Separation Movement resolution.
Clint Skutchan, Fort Collins Board of Realtors Chief Executive Officer, discussed a poll conducted
by the Board of Realtors and hoped the results helped add to the dialog regarding good governance.
Dee Amick, 221 Park Street, supported Ms. Lynne and her fight for her son's custody.
Bill Miller, 322 Scott Avenue, supported the reversal of Citizens United ruling.
Austin Motinhaupt supported Ms. Lynne and her fight for her son's custody.
Maury Wallace suggested Jaden Lynne was illegally abducted.
Stacy Christine supported Ms. Lynne and her fight for custody of her son.
Chuck Churchman, Denver resident, supported Ms. Lynne and her fight for her son's custody.
John Weiss discussed the Timothy Masters case and compared it to that of Stacy Lynne.
Citizen Participation Follow-up
Mavor Weitkunat asked for staff input regarding the role of the City in County issues, specifically
relating to the Stacy Lynne case. City Attorney Roy replied Council has the ability to make laws
and policy for the City. The City Manager is the head of the City government and the Chief of
Police answers to the City Manager. The Larimer County District court system is separate and apart
from the City government, and the Council has no authority to overturn that decision. Additionally,
the Council has no jurisdiction over Larimer County's law enforcement activities. The City Police
are empowered to enforce the penal laws of the state as well as the City, and if there is an allegation
of criminal misconduct on the part of any person within the City limits, Police Services has the
authority to investigate those allegations and the discretion to make a determination as to whether
probable cause exists to present, in the case of state laws, potential prosecution to the District
Attorney. It is the District Attomey, not the City, who is ultimately responsible for determining
whether those kinds of crimes should be prosecuted. In considering the allegations that have been
made, the potential role of the City government would be limited to the possibility of investigating
and presenting to the District Attorney for potential prosecution, any criminal conduct that may have
occurred on the part of any person within the city limits.
Mayor Weitkunat asked about the questions regarding security, safety and enforcement near the
breweries and about the Ride the Rockies event. City Manager Atteberry replied he and staff would
conduct an after -event review with neighbors.
Councilmember Kottwitz asked about the citizen comment regarding the lack of sidewalks in the
neighborhood but the addition of a new bike path. She requested the City have adequate resources
available for the neighborhood when the Ride the Rockies event occurs and asked if DUI charges
apply to bicycles. City Manager Atteberry replied it is illegal to ride bicycles while under the
influence. He stated an asphalt layer was put down for cyclists and walkers for safety reasons.
Councilmember Kottwitz suggested staff follow-up with the neighborhood regarding the issue.
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Councilmember Manvel also requested staff follow up with the neighborhood regarding events and
enforcement surrounding the breweries: He supported the possible formation of a resolution
regarding the Corporation Separation Movement, despite it being a national issue.
Councilmember Poppaw agreed with Councilmember Manvel.
Mayor Weitkunat opposed the consideration of such a resolution given it is a federal issue and its
development would take staff time and resources.
Councilmember Manvel noted the citizens who spoke have already drafted a potential resolution and
stated he would support additional citizen participation.
Mayor Pro Tem Ohlson requested additional examination of the sidewalk issue in the Buckingham,
Alta Vista, and Andersonville neighborhoods. City Manager Atteberryreplied Bruce Hendee, Chief
Sustainability Officer, will be heading up a team to examine the issue of neighborhood
improvements in the area.
Mayor Pro Tem Ohlson agreed with Councilmembers Manvel and Poppaw regarding the possible
consideration of a resolution relating to the Corporation Separation Movement.
City Attorney Roy requested clarification as to the intent of the resolution. Councilmember Manvel
replied the presentation of the citizen -suggested resolution is a good place to start the discussion.
City Manager Atteberry noted Police Chief Hutto has heard the discussions this evening and the two
will be meeting regarding the issue.
Mayor Pro Tem Ohlson stated work session time needs to be devoted to the multi -family housing
issue and regulations. He suggested the formation of new regulations be fast -tracked.
Councilmember Poppaw supported a moratorium to allow adequate time to look at the issue.
Councilmember Manvel also supported a moratorium given the potential cumulative impact of
several of these projects in a limited geographic area.
Mayor Weitkunat noted the development of the Land Use Code in the 1990s resulted in
intentionally -placed high density zoning alone the CSU corridor. She expressed concern regarding
revisiting the issue. V
Councilmember Troxell agreed with Mayor Weitkunat's concerns and stated government
intervention in market dynamics sometimes results in negative impacts.
Councilmember Poppaw stated a moratorium would give staff and Council the ability thoroughly
consider the issue.
Councilmember Kottwitz supported gathering much public input regarding the issue, prior to
creating a moratorium.
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Mayor Pro Tern Ohlson noted any projects currently in process would not be affected by a potential
moratorium.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the May 1 and May 15 2012 Re--ular
Meetinus and the Mav 22, 2012 Adioumed Meeting_
Second Readino of Ordinance No. 041, 2012 Appropriating Unanticipated Revenue in the
Street Oversizing Fund. Authorizing the Transfer of Existing Appropriations in the Street
Oversizing Fund for Transfer to the Capital Projects Fund Appropriating Unanticipated
Revenue in the Capital Proiects Fund for the Tumberry Road Improvements Project and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
The Turnberry Road Improvements Project is a compilation of the City approved, developer
required improvements along the three frontages of the Maple Hill, Brightwater Landings,
and Richards Lake subdivisions. A new two lane arterial roadway east of the existing
roadway between Country Club Road and Brightwater Drive will be constructed. In
addition, a pedestrian underpass for a City Parks Trail will be constructed under Tumberry
Road as part of this project. The project will also relocate and upgrade utility infrastructure,
including the installation of storm sewer and street light improvements as per the approved
development plans. Except for the pedestrian underpass which is funded by the Parks
Planning Department and the relocation of a water main funded by the East Larimer County
(ELCO) Water District, the project will be funded through developer contributions and the
Street Oversizing Program. The improvements are in accordance with both the Master Street
Plan and the Mountain Vista Subarea Plan. This Ordinance, unanimously adopted on First
Reading on May 15, 2012, appropriates revenue for this project.
8. Second Reading of Ordinance No. 042. 2012 Amending the Zoning Map of the City and
Classifvjng for Zoning Pumoses the Property Included in the Wild Plum Farm Annexation
Numbers 1 and 2 to the Citv of Fort Collins. Colorado
This Ordinance, unanimously adopted on First Reading on May 15, 2012, zones 3.96 acres
located on the east side of North Taft Hill Road, approximately 1,750 feet north of West
Vine Drive. The requested zoning for these annexations is Urban Estate. Horse boarding
facilities are an allowed use in the Urban Estate zone district.
Additionally, as a condition on the requested Urban Estate zoning, staff is recommending
the restrictions placed on the property at the County's Special Review hearing are carried
over as restrictions on the horse boarding facility use within the city.
9. Second Reading of Ordinance No. 043, 2012 Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities and the Fort Collins Convention and Visitors Bureau
This Ordinance, unanimously adopted on First Reading on May 15, 2012, appropriates
$43,319 for 2012 Cultural Development and Programming activities (Fort Fund) and
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S 145,407 for the Fort Collins Convention and Visitors Bureau (FCCVB) from unanticipated
revenues and unspent appropriations in the General Fund Lodging Tax Reserves.
Approximately 5908,908 in Lodging Tax revenue was collected in 2011 that was distributed
to the FCCVB (70%), Cultural Development and Programming — Fort Fund (25%), and
Tourism Programming - Fort Fund (5%). After 2011 expenditures and miscellaneous
revenue, there is unanticipated revenue and unspent appropriations of $43,319 for Cultural
Development and Programming -FortFund and $145,407 for FCCVB available for activities
in 2012.
10. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for
Allocating Citv Financial Resources to Affordable Housing and Communitv Development
Activities Utilizing Funds from the Federal Communitv Development Block Grant (CDBG)
Program and the Citv's Human Services Program.
A. Second Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Home Investment Partnership Fund.
C. Resolution 2012-037 Allocating Appropriated Monies from the 2012 Affordable
Housing Fund for the Fort Collins Housing Authority's Supportive Housing Project.
Ordinance No. 044, 2012, appropriates the City's FY 2012 CDBG Entitlement Grant from
the Department of Housing and Urban Development (HUD). Ordinance No. 045, 2012,
appropriates the City's FY 2012 HOME Participating Jurisdiction Grant from HUD. Both
Ordinances were unanimously adopted on First Reading on May 15, 2012.
Resolution 2012-037 will complete the 2012 spring cycle of the Competitive Process, by
allocating City financial resources to the Fort Collins Housing Authority's Supportive
Housing project. The additional allocation addresses a $131,892 funding shortfall in
currently available and allocated spring Competitive Process monies allowed for Council
action on request and/or CDBG Commission recommendations for the Housing and Public
Facility funding category. This action would fill the funding gap for the Housing
Authority's requested amount of $455,000 for its Supportive Housing project.
11. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities.
A. Second Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter
25 of the City Code Relating to the City's Property Tax Rebate.
B. Second Reading ofOrdinanceNo. 047, 2012, Amending Certain Sections of Chapter
25 of the City Code Relating to the Rebate of the City's Sales Tax on Food.
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The Finance Department currently administers three rebate programs for low income, senior
and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food
which were created in 1972, 1975 and 1985 respectively.
Ordinance No. 046, 2012, will change the income qualification for the Property Tax rebate
from 30% of area median income (AMI) to 50% of AMI to increase the number of senior
and disabled residents that qualify and to align with the Sales Tax on Food rebate income
qualifications and will update the application period to August 1 st through October 31 st.
The income qualification for the Utility Refund will be changed from 30% of area median
income (AMI) to 50% of AMI to allow for an increased number of senior and disabled
residents to qualify and to align with the Sales Tax on Food rebate income qualifications.
The application period will be updated to August 1 through October 31. No Code
amendment is needed to make these changes because Code Section 26-613 states that
applicants for utility rebates must meet the same qualifications requirements as applicants
for property tax rebates. A Whereas clause has been added to Ordinance No. 046, 2012, that
mentions that a utility refund program is available that follows the same guidelines as the
property tax rebate guidelines.
Ordinance No. 047, 2012, will update the rebate amount of Sales Tax on Food from S40 to
$54 per member of qualifying household, index the rebate amount moving forward to the
local CPI and will update the application period to August 1 through October 31.
The Ordinances have been amended on Second Reading to add a provision that the City
Manager will submit an annual report to City Council by March 31, 2013, reviewing the
status of the programs, who is being reached and how participation in the programs has been
increased. Both Ordinances were unanimously adopted on First Reading on May 15, 2012.
12. Second Readino of Ordinance No. 048 2012 Establishing a Moratorium on the Acceptance
or Processing of Land Use Applications Permit Applications and Other Applications
Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City._
Although there has not been a great deal of oil and gas drilling in Larimer County until
recently, the discovery of the resource -rich Niobrara formation in this region, and the
increased use of horizontal hydraulic fracturing ("fracking") and directional drilling increase
the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has
largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries,
but City staff is monitoring the recent legislative discussions as well as drilling activity, and
proposes the development of regulations, and a moratorium on any oil and gas drilling until
those regulations are adopted. This Ordinance, unanimously adopted on First Reading on
May 15, 2012, establishes a moratorium until February 15, 2013 or upon the receipt by the
City Council of a recommendation from City staff and legislative action taken by the City
Council, whichever occurs first.
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13. First Readin¢ of Ordinance No. 049. 2012, Appropriating Prior Year Reserves in the Light
& Power Fund and in the Water Fund for the Fort Collins Museum of Discovery Art in
Public Places Project.
This Ordinance appropriates $590,000 from the Art in Public Places (APP) Reserves in the
Water Fund and Light & Power Fund for APP artist Ned Kahn to create unique educational
art experiences as part of the exhibits at the Fort Collins Museum of Discovery. The artist
will begin working with the project team to develop unique, inspiring educational displays
using the themes of water, sustainability and energy. $45,000 was previously appropriated
in 2012 towards the design phase of this project. When completed, the final design concepts
will be brought to Council for consideration and approval prior to fabrication and
installation.
14. Items Relating to the Water and Sewer Line Relocations Required to Facilitate the
Construction of a New Bridge over the Poudre River at Mulberry Street.
A. First Reading of Ordinance No. 050, 2012, Appropriating Unanticipated Grant
Revenue in the Water and Wastewater Funds to Relocate Certain Utility Facilities
to Accommodate the Colorado Department of Transportation's, Proposed
Construction of a New Bridge over the Poudre River at Mulberry Street.
B. Resolution 2012-033 Authorizing the City Manager to enter into a Grant Agreement
with Colorado Department of Transportation for the Funding of Design,
Construction, and Project Management for State Highway 14 (Mulberry) Bridge -
Related Utility Relocations.
The Colorado Department of Transportation (CDOT) is working with the City of Fort
Collins Engineering Department to design and construct a new five or six lane bridge over
the Poudre River on Mulberry Street. At this time construction on the bridge is scheduled
to begin during the summer of 2013. As the bridge design progressed, it was discovered that
the Fort Collins Utilities Department has a 42-inch sanitary sewer and a 12-inch water main
that cross under the river parallel to and adjacent to the existing bridge. Both the sanitary
sewer and the water main are in conflict with the alignment of the new proposed bridge.
This Ordinance appropriates funds from existing water and sewer funds to relocate utility
lines in conflict with the proposed new CDOT Bridge over the Poudre River at Mulberry
Street. The Resolution allows the City Manager to enter into a Grant Agreement with CDOT
who will reimburse the Utilities Department based on actual design, construction, and
project management costs. Relocation work will not proceed until authorization of work is
issued by the CDOT project manager.
15. First Reading of Ordinance No. 051. 2012. Making Various Amendments to the Land Use
Code.
Staff has identified a variety of proposed changes, additions and clarifications in the 2012
annual update of the Land Use Code.
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16. Items Relating to the Wood Street Annexation and Zoninu
A. Resolution 2012-039 Setting Forth Findings of Fact and Determinations Regarding
the Wood Street Annexation.
B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known
as the and
Street Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Wood Street Annexation to the City of Fort Collins.
This is a request to annex and zone 17.3443 acres located on the east side of Wood Street,
approximately 1,320 feet east of North Shields Street. The property is developed and is in
the O - Open District in Latimer County. The requested zoning for this annexation is UE
— Urban Estate. The surrounding properties are currently zoned O — Open in Larimer
County to the south and west, as well as E — Employment in the City to the west (City of
Fort Collins Fleet. Services Building), and POL — Public Open Lands in the City (Lee
Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary
annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will be necessary as this property is not already in the District.
17. First Readinu of Ordinance No. 054.2012. Desimatinu the Lorv/Coffin/Klender Residence
and Garage. 621 East Locust Street. as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
The owner of the property, Thomas Mender, is initiating this request for Fort Collins
Landmark designation for the Lory/Coffin/Klender Residence and Garage at 621 East Locust
Street. The property is eligible for designation as a Landmark under Designation Standards
2 and 3, for its association with significant persons and also for its architectural significance
to Fort Collins.
18. First Reading of Ordinance No. 055 2012 Authorizing the Lease of City -owned Property
at 1715 West Mountain Avenue to the Fort Collins Housinu Authoritv.
The Housing Authority has leased the City -owned property at 1715 West Mountain Avenue
since January 1977. The Authority constructed its administrative headquarters on the
property 35 years ago and is currently in the process of remodeling its headquarters. To
secure permanent financing for this project, a new lease agreement is necessary.
19. First Reading of Ordinance No. 056, 2012. Authorizinz the Lease of Citv-owned Property
at 425 1 Oth Street to the Museo de las Tres Colonias.
The property at 425 1 Oth Street was donated to the City in 2002 for a living history museum
recognizing and remembering the contributions of Hispanics, Latinos, and Mexicans in
Northern Colorado. Poudre Landmarks Foundation has leased the property since 2002 and
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has completed its renovation of the house. The new lease agreement will be with the Museo
de las Tres Colonias and the Poudre Landmarks Foundation will relinquish all rights, title
and interest in the original Lease Agreement dated July 13, 2002.
20. Resolution 2012-040 Naming the MAX Bus Rapid Transit Station located near Bay Farm,
Natural Resources Research Center, Whole Foods and Mason Trail.
MAX Bus Rapid Transit (BRT) will serve two Transfort transit centers and twelve MAX
BRT stations. MAX stations are named according to cross -street location. This methodology
is based on best practices in transit operations as well as emergency response location
identification.
The station located near the Bay Farm/Natural Resources Research Center/Whole
Foods/Mason Trail area is unique in that it is not directly related to a cross -street. In order
to have a strong identity that is easy to remember and reflects the general vicinity of the
station, staff recommends Spring Creek Station as the preferred option, per the City's
Administrative Naming Policy.2.6 (geographic location).
21. Resolution 2012-041 Making an Appointment of Steering Committee Members for the
North Front Range Transit Vision Project.
The Cities of Loveland and Fort Collins, the Town of Berthoud, Larimer County, and the
North Front Range Metropolitan Planning Organization (NFRMPO) are conducting a study
to develop a recommendation for regional decision making and funding structure for
regional transit services. This study will take place between now and early 2013, and will
ultimately provide a recommendation based on Steering Committee and other stakeholder
direction. Each agency will have three representatives to serve on the Steering Committee
which will include one elected official and two citizens.
This Resolution confirms the appointment of Councilmember Ben Manvel and Fort Collins
citizens Yvonne Myers and Gary Thomas, as Steering Committee members to direct the
project's progression and ultimately provide a recommendation based on the Steering
Committee and other stakeholder direction. The citizen members recommended for
participation on the Steering Committee have expressed an interest in Public Transportation
or served as members of the Citizen Financial Advisory Committee during the 2009
Transfort Strategic Operating Plan.
22. Resolution 2012-042 Approving the Stipulated Determination of Vested Rights Between the
Citv and Dry Creek. LLC.
Dry Creek, LLC is the developer of Dry Creek Subdivision, First Replat, and has completed
most of Phases Two and Three of the project, but the public sidewalks remain to be
constructed. The plan expired on November 2, 2011. Accordingly, Dry Creek, LLC has
filed an application for a Determination of Vested Rights under Division 2.13 of the Land
Use Code and the City Manager and City Attorney agree that the application for
Determination of Vested Rights should be granted. The proposed resolution would
formalize the determination of vested rights.
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***END CONSENT***
Ordinances on Second Reading were read by title by Deputy City Clerk Jensen.
7. Second Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the
Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street
Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated
Revenue in the Capital Projects Fund for the Tumberry Road Improvements Project, and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
8. Second Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and
Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation
Numbers 1 and 2 to the City of Fort Collins, Colorado.
Second Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Cultural Development and Programming
Activities and the Fort Collins Convention and Visitors Bureau.
10. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG)
Program and the City's Human Services Program.
A. Second Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Home Investment Partnership Fund.
11. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities.
A. Second Reading of Ordinance No. 046,2012, Amending Certain Sections of Chapter
25 of the City Code Relating to the City's Property Tax Rebate.
B. Second Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter
25 of the City Code Relating to the Rebate of the City's Sales Tax on Food.
12. Second Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance
or Processing of Land Use Applications, Permit Applications, and Other Applications
Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City.
Ordinances on First Reading were read by title by Deputy City Clerk Jensen.
13. First Reading of Ordinance No. 049, 2012, Appropriating Prior Year Reserves in the Light
& Power Fund and in the Water Fund for the Fort Collins Museum of Discovery Art in
Public Places Project.
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June 5, 2012
14. First Reading of Ordinance No. 050, 2012, Appropriating Unanticipated Grant Revenue in
the Water and Wastewater Funds to Relocate Certain Utility Facilities to Accommodate the
Colorado Department of Transportation's Proposed Construction of a New Bridge over the
Poudre River at Mulberry Street.
15. First Reading of Ordinance No. 051, 2012, Making Various Amendments to the Land Use
Code.
16. Items Relating to the Wood Street Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known
as the Wood Street Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Wood Street Annexation to the City of Fort Collins.
17. First Readins of Ordinance No. 054, 2012, Designating the Lory/Coffin/Klender Residence
and Garage, 621 East Locust Street, as a Fort Collins Landmark Pursuant to Chapter 14 of
the City Code.
18. First Reading of Ordinance No. 055, 2012, Authorizing the Lease of City -owned Property
at 1715 West Mountain Avenue to the Fort Collins Housing Authority.
19. First Reading of Ordinance No. 056, 2012, Authorizing the Lease of City -owned Property
at 425 10th Street to the Museo de las Tres Colonias.
28. Items Relating to Implementation of the Outdoor Vendor Study.
A. First Reading of Ordinance No. 057, 2012, Making Various Amendments to the
Land Use Code Relating to Outdoor Vendors.
B. First Reading of Ordinance No. 058, 2012, Amending Article XIV of Chapter 15 of
the City Code Regarding Licensing of Outdoor Vendors.
Mayor Weitkunat withdrew Item No. 12, Second Reading of Ordinance No. 048, 2012 Establishing
a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and
Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations
YVithin the City, from the Consent Calendar.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 11, Items Relating to Rebates of Property
Taxes, Sales Tax on Food, and Utilities, from the Consent Calendar.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve all items not withdrawn from the Consent Calendar.
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Councilmember Kottwitz requested additional information prior to Second Reading regarding
mandated indoor bicycle parking, part of Item No. 15, First Reading of Ordinance No. 051, 2012,
Making Various Amendments to the Land Use Code.
Mayor Weitkunat stated the new regulation would require 80% of bicycle parking on multi -family
lots to be enclosed. She questioned the 80% figure and the idea that a new solid structure would be
required.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Mayor Pro Tem Ohlson asked about the development process for the land relating to Item No. 16,
Items Relating to the Wood Street Annexation and Zoning. City Attorney Roy replied there is need
for additional direction from Council regarding a proposed amendment to the Code to address the
issue.
Mayor Pro Tern Ohlson stated he would first give staff the opportunity to bring the item forward,
then he will try to obtain Council support for the issue, should that not occur. City Attorney Roy
clarified this has to do.with a County Letter of Map Revision -Fill being sufficient for development
of properties that are subsequently annexed into the City. Mayor Pro Tern Ohlson agreed.
Councilmember Manvel supported the vesting in Item No. 22, Resolution 2012-042 Approving the
Stipulated Determination of Vested Rights Between the City and Dry Creek, LLC.
Staff Reports
City Manager Atteberry introduced Gordon Thibedeau, United Way Executive Director. Mr.
Thibedeau, and Haley Katz, United Way Resource Development Manager, announced the City
organization was ninth in giving within the County and stated City gifts had increased by 33 %. Mr.
Thibedeau, offered a special thanks to Crystal Shaffi and the City United Way committee.
Councilmember Reports
Councilmember Troxell reported on a Poudre Fire Authority event he attended with Councilmember
Manvel at Fire Station #1 and commended the work of the firefighters.
Mayor Weitkunat discussed the importance of the Fort Collins -Loveland Municipal Airport with
regard to firefighting aircraft support. She announced a WWII event to be held July 6-7, 2012.
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June S, 2012
Ordinance No. 043, 2012
Establishing a Moratorium on the Acceptance or Processing of Land Use Applications,
Permit Applications, and Other Applications Seeking Approval to Conduct Oil
and Gas Extraction or Related Operations Within the Citv. Failed on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUI TAIARY
Although there has not been a great deal of oil and gas drilling in Larimer County until recently,
the discovery of the resource -rich Niobrara formation in this region, and the increased use of
horizontal hydraulic fracturing (`fracking) and directional drilling increase the likelihood of oil
and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the
regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the
recent legislative discussions as well as drilling activity, and proposes the development of
regulations, and a moratorium on any oil andgas drilling until those regulations are adopted. This
Ordinance, unanimously adopted on First Reading on Nlay 15, 2012, establishes a moratorium until
February 15, 2013 or upon the receipt by the City Council of a recommendation from City staff and
legislative action taken by the City Council, whichever occurs first. "
Chester McQueary, 613 Princeton Road, opposed fracking and supported the Ordinance.
Doug Flanders, Colorado Oil and Gas Association, opposed the Ordinance and requested that the
City engage in an open dialogue with local operators and work within the local designee process to
address concerns. He stated Colorado oil and gas rules are the toughest in the nation.
Mary Griggs, professional environmental engineer for Prospect Energy, stated her job is to protect
the environment at drill sites and she opposed the moratorium.
Ward Giltner, Black Diamond Minerals co-founder, stated his company operates the Fort Collins
field, which was originally part of unincorporated Larimer County. He opposed the moratorium,
particularly with regard to the Fort Collins field. He stated fracking has been happening since the
1940's.
James Sack, 2945 Bassick Street, supported the moratorium citing a possible decrease in property
values and an excessive use of water.
Jon Eckstrom, Noble Energy, stated his company will invest $3 billion in the region and has paid
millions in property taxes as well as community contributions. He opposed the moratorium.
Steve Zelenack, 4093 Trouble Trail, stated one of the wells referenced is on his property, though it
does not bother him. He stated drilling has to be done responsibly and using best practices.
Mike Glenn, Noble Energy District Manager, appreciated Council's examination of the issue and
stated he has found a great deal of misinformation in other public meetings. He offered tours and
education to Council to provide accurate information regarding the process.
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June 5, 2012
Lesley Manring- Borchers, Greeley resident, stated Noble Energy's jobs will be temporary and that
they are not welcome in Greeley and Weld County. She stated there have been over a thousand
spills or other incidents relating to tracking in Weld County. She supported permanent jobs relating
to clean energy.
Eric Jacobson, Noble Energy well engineering manager, stated environmental protection can co-
exist with successful fracking. He stated the process uses less water than golf course irrigation. He
stated the company has created real jobs for Weld County and has been.a community contributor.
He opposed the moratorium.
Lynn Welker, QEP Resources, stated her company is a responsible corporate citizen and
recommended communication between operators and City officials. She opposed the moratorium.
Travis Yeh, Colorado Oil and Gas Association Research Analyst, suggested Council table the
moratorium and do some research regarding robust Colorado oil and gas rules and regulations.
Tom Hain, Fort Collins resident, supported the moratorium in order to allow time to investigate best
practices.
Councilmember Troxell asked what the City hopes to learn and accomplish during the moratorium.
Karen Cumbo, Planning, Development, and Transportation Director, stated best practices in other
communities will be examined, and a process will be developed in terms of negotiating agreements
with operators and establishing a permitting process that provides for inspection and impact
management.. She stated staff is interested in working with the operators and would like to be
responsive in understanding the input from all citizens. Additionally, the City needs to find a
mechanism to manage this process within its boundaries.
Councilmember Troxell asked how the moratorium would help with these tasks and whether or not
the local government designee process would be prevented by the moratorium. Cumbo stated a local
government designee currently exists; this allows the City to be notified and comment if a permit
application is presented. The County passes on applications that exist within the City's Growth
Management Area. Cumbo stated the work could be done without a moratorium; however,
increasing regional pressure has required preparation.
Councilmember Troxell asked if any permit inquiries have,occurred since First Reading. Cumbo
replied areas outside the City's boundaries have been monitored by the Natural Areas Department.
.Loveland's emergency ordinance was the result of an active application in the Centerra area.
Councilmember Troxell noted the City's Natural Areas within the County are not under the legal
jurisdiction of the City.
Mayor Weitkunat asked if there is any method or opportunity to work with Black Diamond
regarding the existing well, separate from this Ordinance. Cumbo replied there are two different
portions of the Code that could apply. If it is considered to be a new well, then the application
would need to go through a development plan process. If it is an expansion of an existing well, it
is an expansion of a legal non -conforming use, and requires a different City process. City Attorney
Roy replied a rational basis for exempting an existing company from the moratorium needs to exist;
an exemption would need to be able to be defended.
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June S, 2012
Mayor Pro Tern Ohlson asked for clarification of staff's recommendation on Second Reading of this
Ordinance. Cumbo stated staff recommends approval of the moratorium.
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 048, 2012, on Second Reading.
Councilmember Kottwitz clarified the moratorium would not apply to.the Soapstone Natural Area
property, only to areas within city limits. She stated the comparison of this to Rocky Flats is
misleading to the public and added that she would not support the moratorium.
Councilmember Manvel stated he would support the moratorium as its implementation would not
have much practical impact on the companies involved given there are no pending applications
within the City limits.
Councilmember Troxell asked how the state regulatory framework positively supports local decision
making. Cumbo replied the local government designee system provides the opportunity to comment
on applications; however, if an approved state permit exists, a local permit is essentially perfunctory.
Councilmember Troxell requested comment regarding the stringent state government process that
allows for local jurisdiction protections. Cumbo replied Fort Collins does not have enough
experience to provide comment but there are other communities that have struggled with this issue
in terms of the ability to manage permits on a local level. The interest in the moratorium will be to
ensure the impacts are addressed.
Councilmember Troxell asked about public education regarding drilling and fracking. Cumbo
replied staff has been having conversations with Loveland and Longmont regarding implementing
a public education process similar to theirs.
Mayor Pro Tern Ohlson asked if the moratorium could be ended at any time, once regulations are
in place. City Attorney Roy replied a new Ordinance would need to be passed in order to end the
moratorium as the current Ordinance provides for a eight month time period at the outside and
would automatically end should necessary and appropriate regulations be adopted before then.
Mayor Weitkunat asked if staff is pursuing oil, gas, and fracking information and processes
regardless of the moratorium. Cumbo replied in the affirmative.
Councilmember Kottwitz asked if the moratorium implementation could be postponed until after
the work session. Mayor Pro Tern Ohlson replied he would prefer the moratorium occur prior to the
work being scoped out by staff. City Manager Atteberry clarified the intent of the work session is
to discuss process rather than substance, including engaging with the industry representatives.
Councilmember Troxell noted an emergency moratorium could be enacted at a point in the future
if the moratorium is not enacted with this Ordinance. City Manager Atteberry agreed that is an
option but stated staff is still recommending implementation of the moratorium with this Ordinance.
Mayor Pro Tern Ohlson stated this is an extractive process and people need to defend the
environment against the power of corporations.
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June 5, 2012
Councilmember Manvel agreed with Mayor Pro Tem Ohlson.
Mayor Weitkunat stated she would not support the moratorium given there are no pending
applications or notifications.
Councilmember Manvel asked about the possibility of continuing the item until it can be voted upon
by the full Council.. City Attorney Roy replied a motion could be made to continue the item to a
date certain.
Councilmember Manvel asked if he could vote against the moratorium and then move to reconsider
at a later meeting. City Attorney Roy replied the moratorium could be brought before Council for
reconsideration, either through a motion to reconsider the vote on Second Reading, or a motion to
briny forward a new Ordinance.
The vote on the motion was as follows: Yeas: Ohlson, Manvel and Poppaw. Nays: Weitkunat,
Kottwitz and Troxell.
THE MOTION FAILED TO PASS.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2012-043
Approving the Jefferson Street Alternatives Analysis Study,
Authorizing Revisions to the Jefferson Street/SH14 Access Management
Plan and Existing Intergovernmental Agreement, Directing Staff to
Update the City's Transportation Master Plan Capital Improvement
Plan and Directing Staff to Pursue a New Intergovernmental
Agreement with the Colorado Department of Transportation Adopted
The following is staff s memorandum for this item.
"EXECUTIVE SUA1114RY
The Jefferson Street/SH14 Alternatives Analysis Study is a joint effort of the City of Fort Collins,
Downtown Development Authority (DDA), and the Colorado Department of Transportation
(CDOT). This Alternatives Analysis Study included the development and evaluation ofa thorough
set of design options for the Jefferson Street/SH14 corridor, including the intersection of
Jefferson/SH14 and 1fountain/Lincoln Avenue, and the intersection of Jeffersonand Linden streets.
In response to concerns raised by community stakeholders and partnering agencies, City staff has
revised the recommendation for the proposed intersection improvements at this intersection of
Jefferson Street and Mountain Avenue to be improvements to the existing signalized intersection,
rather than the previous roundabout recommendation.
City staff continues to recommends reconfiguring Jefferson Street from the existing four lane
configuration to a "3-lane" street, with landscaped medians, on -street parking, pedestrian
streetscape and urban design features from North College to Mountain Avenue. This corridor
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June S, 2012
alternative is agreeable to the City, CDOT, Downtown Development A uthorhy, and Larimer County,
and has strong support from the community.
This Resolution will include the Jefferson Street Alternatives Analysis Study report documenting the
recommended preferred corridor and intersection alternatives as well as actions needed to amend
the Jefferson/Riverside (SH14) Access Management Plan and Transportation Capital Improvement
Plan to reflect these changes forJefferson Street. Staff will also be seeking City Council support for
entering into an Intergovernmental Agreement with CDOT regarding the recommended changes for
Jefferson Street.
BACKGROUND /DISCUSSION
The Jefferson Street Alternatives Analysis Study began in May 2010.. This currentplanningprocess
builds upon prior studies along the Jefferson Street/SH14 corridor and provides more in-depth,
detailed technical analysis and design to address City, DDA, and CDOT requirements. This Study
has several purposes, including finding the most suitable solution to improve the air quality,
livability, and urban character of the Jefferson Street corridor, enhancing the experience for
pedestrians, bikes, and transit, and maintaining mobility of autos and trucks along this busy
arterial/highway road. The project seeks to balance interests among different agencies and
organizations including the City, CDOT, DDA, Colorado Motor Carriers Association, Larimer
County, adjacent railroads, local business/property owners, and the general public.
The Jefferson Street project budget is comprised of a combination of City ($250,000), DDA
($500, 000), and federal Congestion Mitigation & Air Quality (CMAQ) finding (SI million). The
Alternatives Analysis study used approximately $400, 000 of the project budget. The majority of the
project budget (SI.3 million) will be used to fund final engineering and design of the proposed
improvements.
This project process included the development and evaluation of many options such as traditional
roadway and intersection designs, roundabouts, and other innovative, context -sensitive design
solutions based upon local, state, and national best -practices.
Through Project Management Team (PMT) and Executive Oversight Committee (EOC) meetings,
the participating agencies have agreed to the following purpose statement that highlights the key
goals for the project:
The purpose of the Jefferson Street Alternatives Analysis project is to improve the
air quality, livability, and urban character of the Jefferson Street Corridor while
enhancing the experience for pedestrians, bikes, and transit and maintaining
mobility of autos and trucks. The Corridor begins at College Avenue and extends
along Jefferson Street and includes the Mountain Avenue/Riverside Avenue/Lincoln
Street, and Linden Street intersections.
Corridor Alternatives
The project team has developed a set of conceptual alternatives for the Jefferson Street corridor
project to address the project purpose, goals, and objectives.
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June 5, 2012
• The corridor alternatives include several "3 lane" options for Jefferson Street between
North College Avenueand illfountainAvenue. The"3lane" Options A and B include raised,
landscaped medians. Option A includes a raised landscaped median along thefidl length of
the corridor, with openings at the Jefferson/Linden intersection. Option B shows partial
medians along the corridor with more openings at streets such as at Pine and Chestnut
streets as well as at major driveways. The "3 lane" Option C includes designated on -street
bicycle lanes instead of the medians (both the medians and bikelanes do not fit within the
available corridor width). All of the "3 lane" options include two travel lanes in the
northwest bound direction and one travel lane in the southeast bound direction. The
determination for which direction has the two lanes versus the one lane was made based on
traffic analysis as well as the need to maximi=e on -street parking opportunities along the
"Old Town" side of Jefferson Street. The "3 lane" options include streetscape, urban
design, and gateway improvements along the corridor and at the intersections. In addition,
the 3 lane options allowfor morefunctional on-streetparking because there is enough width
to provide a safety buffer area between the parked cars and the vehicle travel lanes. The 3
lane options also allow for opportunities to improve the transit stops along Jefferson.
The project team has developed a "4 lane " option which shows two lanes in each direction
on Jefferson Street between North College and Mountain Avenue. Due to the width required
for standard travel lanes, there is limited space remaining for other project elements such
as on-streetparking, buffer areas, medians, transit stops, and/or streetscape improvements.
The team has also provided a combination "3 & 4 lane" option that includes 3 lanes
between North College Avenue and Linden Street and then shows the 4 lane option between
Linden and Mountain.
The cost of the corridor improvements is approximately 54.5 million.
Table I: Summary Overview of Corridor Alternatives
Alternative
Lanes
Medians
Bike
Parking
Streetscape
Lanes
Areas.
3 Lane Alt -
Yes
36-38
Median,
Option A Full Median
3
Full Corridor
No
Spaces
Sidewalk
3 Lane Alt -
3
Yes
No
36-38
Median,
Option B Partial Median
Partial Corridor
Spaces
Sidewalk
3 Lane Alt -
Option C Bike Lanes
3
No
Yes
33 Spaces
Sidewalk
4 Lane Alt
4
No
No
38 Spaces
Sidewalk
Combination
Yes
Median,
3 and 4 Lane Alt
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Partial Corridor
No
38 Spaces
Sidewalk
Intersection Alternatives
The project team has also developed two alternatives for both the Jefferson/Linden intersection and
the Jefferson/Mountain intersection.
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June 5, 2012
Jefferson/Linden intersection options include keeping the existing designated left turn lanes
for vehicles to turn left offofJefferson Street to Linden Street as well as an option that would
remove the left turn lanes to create more opportunities for on -street parking and provide
raised medians to serve as pedestrian refuge islands at the intersection.
2. Jefferson/Mountain/Lincoln/Riverside intersection options include improvements to the
existing signalized intersection as well as a roundabout intersection alternative.
Table 2: Jefferson /Lincoln Intersection Alternatives Overview
Operating /
of
Air Quality
Right -of -
Alternative
Cost
MaintenanceLevel
Service
Savings
Way
Cost
(Carbon Monoxide)
Signalized
$2' 7
$3, 600 per year
B
No Change from
2, 000 sq. ft.
million
for signals
Existing
$4 3 to
495 KG/yr - Short
Roundabout
55.3
Depends on cost
B
Term
6, 000 sq. ft.
million
of RR gate arm
809 KG/yr - Long
Term
Final engineering and design of the Jefferson Street improvements can move forward in mid-2012
based upon approval of the recommendations by the City Council. The schedule for construction
ofthe Jefferson Street corridor improvements will be based upon the approved preferred alternative
and implementation/phasing plan as well as the securing necessary fimding.
FLVANCL41, /ECONOA11C IAIPACTS
The cost of the recommended preferred alternatives, including both the corridor and intersection
improvements, for Jefferson Street is approximately 57.2 million. Funding is currently available
to complete the next phase of the design/engineering work -for these improvements. Additional
funding is need for the construction phase. Staff will continue to pursue potential local, regional,
state, and federal fimding opportunities to complete this important, long-term investment project
for Downtown Fort Collins.
The recommended Jefferson Street improvements will have a direct economic impact on over 35
businessesfronting Jefferson Street. The investment in the public infrastructure will supportprivate
investment along the corridor, which has a number of areas with potential for redevelopment and/or
reinvestment. This project will also help strengthen the connection between Downtown, the River
District, and the Lincoln Avenue corridor which are economic catalyst areas for the City.
ENVIRONMENTAL LWPACTS
Transforming this corridor from the existing four lane highway configuration to a more urban,
pedestrian -oriented, context sensitive design solution will be a major enhancement for the
Downtown environment and supports the City Plan, Transportation Master Plan, and Downtown
River District Plan goals for the heart of the community. The improvements to Jefferson Street will
calm traffic traveling through the corridor improving the pedestrian environment and encouraging
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June 5,.2012
the use of walking, biking, and transit access to/from the corridor which will result in air quality.
improvements.
In addition, in response to City Council suggestions, staff has researched potential opportunities
to address noise concerns along the corridor. One consideration is to explore the use of rubberised
asphalt for the roadway paving along the corridor. This technique is awed by other agencies to help
reduce roadway noise. The specifics regarding this type of paving material will need further
exploration during the engineering/f nal design phase of the Jefferson Street project. Otherproject
elements to aid in noise reduction could include features to promote traffic calming, reduce
speeding, and minimize vehicles accelerating and decelerating at the intersections and throughout
the corridor.
Improvements to the existing signalized intersection which will include amenities to address
pedestrian -scale improvements, urban design, and entry way features in support of the quality
Downtown experience we are seeking to achieve with this project in accordance with the
community's expectations and sustainability goals.
STAFF RECOALITENDATION
To be responsive to input received from partnering agencies as well as local and regional
community stakeholders, City staff has revised its project 'recommendation for the preferred
intersection alternative to be improvements to the existing signalized intersection rather than the
roundabout optionpreviously discussed with City Council in February 2012. City staffrecommends
improvements to the existing signalized intersection include amenities to address all modes of
transportation, as well as urban design and entry way features in support of the quality Downtown
experience.
Staffcontinues to recommend the 3-lane corridor alternative forJefferson Streetfrom North College
to Mountain Avenue. This corridor alternative is agreeable to the City, CDOT, Downtown
Development Authority, and Larimer County as well as strong support from the community.
Transforming this corridor from the existing four lane highway configuration to a more urban,
pedestrian -oriented, context sensitive design solution will be a major enhancement for the
Downtown environment and support City Plan and Transportation Master Plan goals for thefuture
of the heart of the community.
To move forward with the recommendations from the Jefferson Street Alternatives Analysis Study,
staff recommends City Council approval of the following:
J. Jefferson StreetAlternativesAnalysis Study reportdocumentingtherecommendedpreferred
corridor and intersection alternatives.
2. Revisions to the Jefferson Street/SH14 Access Management Plan and existing
Intergovernmental Agreement with the Colorado Department of Transportation to reflect
the 3-lane corridor alternative with raised, landscaped medians and on -street parking for
Jefferson Street (SH14).
3. Directing staffto update the City's Transportation Master Plan Capital Improvement Plan
to include the Jefferson Street corridor and intersection improvements per the Study
recommendations.
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Jame 5, 2012
4. Staffis seeking approvalfrom City Council to pursue entering into a new Intergovernmental
Agreement (IGA) with CDOT in order to implement the recommended 3 lane corridor
improvements (if approved by City Council). CDOT has requested this new IGA with the
,City in order to support converting Jefferson Street from the existing four lane highway to
the proposed "3-lane" configuration. The IGA would include specific performance
measures for monitoring the Jefferson Street (SH14) corridor before and after physical
improvements are constructed and identify inter -agency responsibilities for addressing any
concerns and/or potential changes. If City Council approves staffpursuing this IGA, staff
will continue working with CDOT to develop the specific IGA and bring this document
forward for City Council approval at a later date (anticipated by September 2012).
BOARD / COMMISSION RECOMMENDATION
Staff presented information related to the Jefferson Project and proposed alternative to the
following boards or commissions:
Downtown Development Authority: February9, 2012: The Downtown Development Authority
voted to support the 3-Lane with a median alternative and the Roundabout alternative
Transportation Board: February 15, 2012 and May 16, 2012: The Transportation Board voted to
support the 3-Lane with a median alternative and improvements to the Signalized Intersection.
Planning and Zoning Board: February 10, 2012: The Planning and Zoning Board voted to
support the 3-Lane with a median alternative and improvements to the Signalized Intersection.
Economic Advisory Commission: February 15, 2012: The Commission supported the 3-Lane with
a median alternative and the Roundabout alternative
A copy of the minutes from each board or commission is included as Attachment 2.
PUBLIC OUTREACH
The project team sought comments and input on the key tasks throughout the life of theproject. See
Attachment 3 for, a list of the outreach completed during the project.
Stakeholder Coordination
This process included on -going coordination among multiple City departments, City boards and
commissions, City Council, CDOT, DDA, Larimer County, and various interested community and
corridor stakeholders, including but not limited to area property/business owners, residents,
bicycle/pedestrian advocacy groups, trucking industry representatives, UPRR, and.Public Utilities
Commission representatives.
Business and Property Owner Meetings
One-on-one coordination was needed with affected business/property owners to determine the
impacts and mitigation measures needed at each property. During the development and screening
of alternatives, the consultant project manager and the City project managers provided outreach
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June 5, 2012
to business/property owners along the corridor to update them on the status of the project and seek
their input. After the final screening of alternatives, when a preferred alternative has been
recommended, directly impacted business/property owners were contacted tofollow up on questions
and concerns related to the project and work- through remaining details for particular sites along
the corridor.
Public Afeetings
Public meetings were held on June 2, 2011, October 17, 2011, February 16, 2012 and May 30, 2012
to actively engage the corridor property owners, businesses, residents, and general public in the
process. The meetings were conducted as part of the public review process for the alternatives
screening process and to help determine the preferred corridor recommendation.
City Council and Board Meetings
Presentations were made on behalf of the project to the City Council at their work sessions on
August 9, 2011 and Febrzary 28, 2012. Updates were also provided to Boards and Commissions,
including the Transportation Board, Bicycle Advisory Committee, Planning and Zoning Board, and
DDA Board meetings throughout the Study process. The work session summaries are attached
(Attachment 1). "
Kathleen Bracke, Director of Transportation Planning and Special Projects, introduced project team
members and discussed the area of the project on Jefferson Street, between College Avenue and
Mountain Avenue, which is also part of State Highway 14. She provided a brief presentation
regarding the recommended improvements and stated the cost estimate for the project is
approximately $7.2 million.
Mel Hilgenberg, 172 North College, thanked Council and staff for work on the item urged Council
to accelerate the timeline for the project. He expressed appreciation for the roundabout idea being
eliminated.
Eric Sutherland, 3520 Golden Currant, stated the focus on these two city blocks demonstrates the
City's lack of proper prioritization.
Matt Robenault, Downtown Development Authority Executive Director, expressed support for the
recommended improvements, noting they will link the river district to the downtown area, and stated
the Downtown Development Authority will spend $500,000 on the project.
Carl Glasser, 215 Jefferson Street, stated he participated in the technical advisory committee as a
representative of the Jefferson Street businesses. He supported the three -lane alternative and
requested that the third lane be used for parking in the evenings and on weekends.
Ray Burgener, Burgener Trucking, opposed any potential roundabout and commended the balance
and work between the City and the trucking industry.
Councilmember Troxell requested a description of the way in which the design accommodates the
connection to the River district. Bracke replied the signalized intersection will have enhanced
features for all modes of transportation.
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June 5, 2012
Councilmember Troxell commended staff for work on the item.
Councilmember Manvel asked when these improvements may occur. Bracke stated adoption of this
Resolution and beginning the engineering phase will make the proj ect more competitive for funding.
Given the extensive engineering and utility coordination needed, the soonest the project could be
done would be approximately 2015.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Resolution
2012-043.
Mayor Pro Tem Ohlson appreciated hearing positive comments about staff and the City
organization.
Councilmember Manvel asked about the possible use of a lane for parking during off-peak hours.
Bracke replied that option can be examined and evaluated.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Implementation of the
Outdoor Vendor Study, Adopted on First Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUVAIARY
A. First Reading of Ordinance No. 057, 2012, lWaking Various Amendments to the Land Use
Code Relating to Outdoor Vendors.
B. First Reading of Ordinance No. 058, 2012, Amending Article A7V of Chapter 15 of the City
Code Regarding Licensing of Outdoor Vendors.
These Ordinances address actions needed to implement the Outdoor Vendor Study staff
recommendations.
Ordinance No. 057, 2012 amends the Land Use Code. First, it adds a new section in Article 3,
Supplementary Regulations for Outdoor Vendors. Second, it amends Article 4 by adding Outdoor
Vendors as a permitted use in non -neighborhood zoning districts. Finally, it amends Article 5 to
add a new definition for "Outdoor Vendor".
Ordinance No. 058, 2012 amends Chapter 15 of the City Code regarding licensing and regulations
for ouutdoor'vendor businesses. It revises the definition for outdoor vendors and exemptions, adds
new definitions for outdoor vendor types, and revises licensing requirements.
BACKGROUND /DISCUSSION
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June S, 2012
Over the past several years, the types, products, and distribution of outdoor mobile vendors have
evolved to include more options. Vendors have expressed the desire for the City to be more
accommodating, with less restrictive license and permit requirements. On the other hand, the City
has also received complaints from existing local merchants concerned about potential unfair
competition from mobile vendors, and the need for a level playing field in licensing and permitting.
In September 2011, staff was initially directed to evaluate the issues relating to food truck vendors,
and whether potential changes may be warranted to the Outdoor Vendors section of the City Code,
and related sections of the Land Use Code. In the course of the study, stafffound the need to add
other vendor types to the scope of the study. For example, transportation vendors such as pedicabs,
conference bikes, horse-drawn carriages, and valet parking services were added far consideration
in the study, as were non-food vendors such as holiday tree sellers and various non-profit
fundraisers.
Staff Assessment of Potential Options for Outdoor Vendors
The staff team initially researched the relevant topics in other cities, both in Colorado, and across
the nation (see Attachment 5). This assessment helped identify a range of options for staff to
explore.
Staff also reviewed existing Land Use Code and City Code requirements, resulting in recognition
that these regulations significantly limited outdoor vendor operations within the City and appeared
overly restrictive in certain ways. A range of alternative outdoor vendor options were developed
and included in the on-line survey for feedback. Staff then developed draft recommendations that
were presented at a public open house meeting on May 9, 2012. The proposed new requirements
identified by staff involve new locations for food truck vendors to operate, distance bt ffers from
existing restaurants and schools, and other operational requirements.
Issues Resolved by Code Changes:
• Existing City Code requirements currently restrict a license to one location, and do not
allow vendors to operate within a public street. Certain food vendors would like to operate
in multiple locations and offer their products directly from public streets.
• Also, existing vendor licensing is currently only available for one -month periods. Vendors
desire more efficient time frames ofsemi-annual or annual licensing.
• The Land Use Code currently has one permitted use category that has been applied to
outdoorfood vendors —Fast Food Restaurant — but needs better clarification to distinguish
between restaurants and outdoor mobile food vendors. In other words, a new definition of
the use is needed to better recognize outdoor vendor types:
• For private property, current Land Use Code standards treat many vendors as a principal
use required to make site improvements tinder Change of Use requirements, due to the lack
of any other provisions to specifically recognize outdoor vendors. This requirement is
burdensome or prohibitive for vendors operating on a temporary basis.
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June S, 2012
Vendors' desire to operate from public streets raised questions about safety and impacts on
other public right-of-way functions.
Vendors' desire to operate food trucks in parks and neighborhoods raised questions about
effects on the fumctions and livability of these areas.
While outdoor food vendors desired to also operate within public parks, long-standingparkpolicy
does not support allowing these vendors inside parks on a regular basis, except authorized as part
of special events. Vendors have been prohibited from conducting their business in parks in order
to avoid commercializing them. Parks are intended to be places of respite from an often hectic and
commercialised world and allowing vendors into them on a regular basis would undermine this
purpose.
Fundamental questionsfrom existing business owners have been raised ofpotential competition and
need for a level playing field, between brick and mortar restaurants, which bear costs and
requirements ofdevelopment, ownership, and maintenance ofreal property, and mobilefood trucks.
Will the study ensure a level playingfield between brick -and -mortar restaurants and mobile
food trucks?
Staff response:
No, the two types of businesses fimdamentally operate on slightly different playing fields. The
proposed City requirements for mobile food trucks are an attempt to update and clarify the rules of
operation for these uses, but they do not necessarily ensure parity with requirements for
development, construction, and ownership of a restaurant building.
There is one main similarityfor comparison purposes. This is the fact that mobile food trucks are
accompanied by a commissary kitchen, which involves development, construction, and property
ownership requirements similar to those associated with a restaurant. However, various differences
between the two types ofbusinesses make it difficult or impossible tofidly weigh overhead costs and
requirementsforpurposes ofcomparing theplayingfieldfor competition. For example, the number
offood trucks sharing in the costs of a commissary kitchen varies. Also, a mobile food vendor may
operate out of a brick -and -mortar restaurant.
2. How will the study address potential competition between existing brick and mortar
restaurants and mobile food trucks?
Staff response:
To some extent, competition for customers will remain between brick and mortar restaurants and
mobile food trucks. Food trucks are currently allowed on private property. The recommendations
from the study provide additional opportunities for food vendors to operate within the public right-
of-way and on select public lots Downtown with limitations.
The proposed requirements include a 200 foot separation between existing restaurants and food
truck vendors citywide. This requirement will ensure a food truck operator cannot vend within a
half -block of the front entrance of an existing restaurant. In developing this recommendation, staff
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looked at precedents in other cities' requirements. Most of the cities reviewed have a separation
distance in the range of 50 — 300 feet. Staff also conducted an on-line survey that tested different
separation distances, and specifically asked restaurant businesses to respond to this issue. Most
respondents selected no separation requirement. However, staffdetermined a moderate separation
is still warranted to alleviate potential competition offood trucks vending close to restaurants.
While the proposed separation requirement will not eliminate competition between food businesses,
it will remove immediate impacts of mobile food trucks operating within close proximity and view
from front entrances of existing brick and mortar restaurants.
DESCRIPTION OF PROPOSED ORDLNANCES
• Ordinance No. 057, 2012
Ordinance No. 057, 2012 amends the Land Use Code related to outdoor vendor regulations in
Articles 3, 4, and 5.
Article 3 - General Development Standards
This proposed LUC amendment adds a new subsection to the Supplemental Regulations in Section
3.8 that will include outdoor vendor standards. These proposed standards would regulate location
of operation, type of use, signage, operation, and compliance with related Municipal Code
regulations.
Article 4 - Districts
For outdoor vendors on private property, the Outdoor Vendors use would be added to the list of
permitted uses in all non -neighborhood zoning districts within Article 4 Districts, as an
accessory/miscellaneous use.
Article 5 - Terms and Definitions
A new definition for Outdoor Vendors will be added to Section 5.1.2, Article 5 ofthe Land Use Code
to describe all types of Outdoor Vendors operating in the City.
Ordinance No. 058, 2012
Ordinance No. 058, 2012 amends Article )UV of Chapter 15 of the City Code regarding licensing
of outdoor vendors. The key City Code sections to be amended are as follows:
Section 15-381 incorporates new definitions for f ve outdoor vendor types, and includes a
list of activities that are exempt from the outdoor vendor provisions of this section.
Section 15-382 describes license and operating requirements for outdoor vendors.
Section 15-383 combines two existing Code sections for application and license fee
requirements.
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June 5, 2012
Section 15-385 includes revised standards for review and approval of outdoor vendor
applications.
Section 15-386 includes bond requirements which may be modified or eliminated.
Section I5-387 includes requirements for issuance of an outdoor vendor license.
Section 15-388 includes general and specific requirements that restrict and govern the
operation of outdoor vendors.
FINANCIAL /ECONOAIIC LIIPACTS
The revenue received in 2011 from outdoor vendor licenses and downtown concession agreements
was $3,080. Based on the fact that the license fees will not increase significantly, the estimated
revenue moving forward is 54,300 annually. The small increase is attributable to an assumed
increase in vendors and the possibility for additional downtown concession locations. The
administrative costs are not expected to increase dramatically as licenses will be issued for sir
months or annually instead of the current monthly licensing process.
ENVIRONYIENTAL IMPACTS
New regulations for outdoor vendors will provide additional options for locating mobile vending
in Fort Collins, allowing customers more choice in purchasing food, goods and services, and other
products. With outdoor vendors locating closer to where potential customers are, a reduction in
travel distance to and from these vending locations is realized, along with a corresponding
reduction in vehicle emissions. Food vendors infixed locations can utilizepropane heating systems
as an alternative to vehicle engine and generator gas fuel use.
BOARD / COMMISSION RECOALLIENDATION
At its May 17, 2012 meeting, the Planning and Zoning Board voted 7-0 to recommend that City
Council adopt Ordinance No. 057, 2012, making various amendments to the City of Fort Collins
Land Use Code relating to outdoor vendors.
The Council Finance Committee will consider these recommendations at its June 4, 2012 meeting.
The minutes will be provided in the Council "Read -Before "packet on June 5, 2012.
The Downtown Business Association Board held its monthly meeting on May 9, 2012. A staff
presentation on the Outdoor Vendor Study was provided. A draft (unsigned) recommendation memo
is included in Attachment 6. The final signed copy will be provided in the Council "Read -Before"
packet on June 5, 2012.
PUBLIC OUTREACH
As part of the Study, staff met with existing and potential new outdoor vendors, business owners, and
other interests to listen and learn about issues and ideas for new provisions relating to outdoor
vendors operating in Fort Collins.
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June 5, 2012
An on-line survey was administered between April 2 and May 4, 2012 which included 583
respondents (see Attachment 3). Notice of the public survey was distributed to outdoor vendors,
the Downtown Business Association, Downtown Development Authority, Chamber Local Legislative
Affairs Committee, and North/South Fort Collins Business Associations. Public notice was
generated through press release, webpage postings, and local news media. The results of this
survey provided important information for staff to assess potential options for outdoor vendor
zoning rise provisions, operational and other licensing requirements. Staff presented draft
recommendations at a public open house meeting on May 9. "
Pete Wray, Senior Planner, provided a brief presentation regarding the outdoor vendor study and the
public outreach process.
Peter Bames, Zoning Supervisor, stated the existing regulations in the City Code and Land Use Code
are.limiting and restrictive, and are focused primarily on private property. Changes are being
proposed to Articles 3, 4, and 5 of the Land Use Code, to add general operating requirements,
location regulations, use considerations, sign regulations, and definitions.
Wray stated the bulk of the new requirements fall under the City Code changes. Those changes
include definitions for outdoor vendor types and license and operating requirements. The outdoor
vendor types have been listed as mobile food trucks, push carts, neighborhood mobile food vendors,
miscellaneous good and services, and transportation related services. Staff is recommending a 200
foot separation between any brick and mortar restaurant and an outdoor vendor; however, this
separation requirement would be void if the restaurant is closed, such as during late night hours.
Ryan Martin, mobile food truck operator, commended staff on the regulations and supported the
changes.
Michael Murphy, Street Gourmet, supported the changes and regulations and complimented staff
on its work.
Councilmember Troxell noted there are sometimes purposeful co -locations between mobile vendors
and brick and mortar restaurants; he asked if those opportunities will be precluded by these
regulations. Jessica Ping -Small, Sales Tax Manager, replied those issues could be discussed prior
to Second Reading.
Councilmember Troxell asked if the PUC is involved in mobile food truck regulation. Wray replied
the types of vendors managed by these regulations are not regulated by the PUC.
Councilmember Manvel asked if the existing push carts downtown are affected by these changes.
Pin, --Small replied in the negative; those carts currently operate under a downtown concession
agreement and will continue to do so. Additional downtown concession agreements on private lots
are being proposed. Downtown concession agreements do not have the 200 foot separation
requirement.
Councilmember Manvel asked if sounds or music will be allowed in neighborhood food trucks.
Ping -Small replied the City Code changes in the Ordinance require the trucks to follow all noise
ordinances in terms of decibel levels.
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June S, 2012
Councilmember Kottwitz stated she would like to eliminate the 200 foot separation requirement.
She asked if the fifteen minute maximum time in neighborhoods could be changed to allow for
specific events in neighborhoods. Ping -Small replied vendors could apply for exemptions for
specific events.
Mayor Pro Tem Ohlson commended staff s work on the item and asked about County health
inspections for the vendors. Ping -Small replied the Larimer County Health Department has been
consulted and licenses will not be issued without an initial health inspection and approval from the
County. The trucks will need to divulge their general locations in order to be found by health
inspectors.
Mayor Pro Tem Ohlson asked about requirements for cleaning sidewalks. Pin, --Small replied the
push carts do currently have a cleaning fee as part of their concession agreements. Mobile vendors
will have regulations regarding cleaning up after themselves.
Mayor Pro Tem Ohlson asked about regulations for engine idling. Wray replied the present Code
language does not address time of idling for trucks. Most of the mobile food trucks turn off their
engines, but do use generators to provide power. He stated the issue could be examined prior to
Second Reading.
Councilmember Kottwitz made amotion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 057, 2012.
Councilmember Kottwitz commended staff for work on the item and stated she is very impressed
with the vetting.
Councilmember Troxell commended staff on their thoroughness.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 058, 2012. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry stated Item No. 29, Resolution 2012-044, Adopting an Economic Health
Strategic Plan for the City of Fort Collins could be postponed. Council agreed with the agenda
change and the item was postponed to June 26, 2012.
Resolution 2012-045
Authorizing the Mayor to Enter Into an Intergovernmental Agreement to
Assist in the Operation and Maintenance of a Regional Crime Laboratory, Adopted
The following is staff s memorandum for this item.
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Jame 5, 2012
"EXECUTIVE SUAITIARY
The members of the Northern Regional Laboratory Group (vRLG) are currently operating under
anlntergovernmentalAgreementtitled"IntergovernmentalAgreementRegardingSharedFacilities
and Forensic Operating Guidelines ofthe Northern RegionalLab Group ". The Agreement has been
in place since November 2008.' Since that time the NRLG has sought to combine the entire lab
function in one location to improve the overall functionality of the group. In order to do so, a new
Intergovernmental Agreement (IGA) has been drafted to cover this change when is occurs. Weld
County is seeking acceptance of this IGA and has submitted an RFP for land and construction of
the building. All other entities involved in the regional lab have already signed this IGA.
BACKGROL tND /DISCUSSION
The NRLG is comprised of the Fort Collins Police Services, Greeley Police Department, Loveland
Police Department, Weld County on behalfofits Sheriffs Office, the 8th Judicial DistrictAttorney's
Office, Larimer County on behalf of its Sheriffs Office and the 19th Judicial District Attorney's
Office. The NRLG was created to promote improved identification, collection, timeliness, quality,
accuracy, consistency, court delivery and cost effectiveness of forensic services to the northern
region of Colorado by pooling resources, information, expertise, equipment and money among the
members.
In November 2008 the Parties entered .in to an intergovernmental agreement," entitled
`Intergovernmental Agreement Regarding Shared Facilities and Forensic Operating Guidelines of
the Northern Regional Lab Group " toformally establish the forensic work group. Since then, Weld
County, in cooperation with the other NRLG members, has sought to purchase or build a stand-
alone facility that would act as a host facility for the NRLG and allow the NRLG to bring together
in one location the various forensic disciplines among the Parties that currently are spread
throughout various northern Colorado law enforcement agencies.
On August 17, 2010, in anticipation of a potential purchase by Weld County of a building, or of land
and the construction of a building for a regional forensics lab, Council adopted Resolution 2010-
050, that expressed the City's intent to support Weld County's application forgrantfunds. As Meld
County moves forward with its commitment to purchase land and construct a building to host the
NRLG forensic disciplines, the NRLG members seek to more filly commit to participation in the
NRLG and the sharing of operation and maintenance costs.
Weld County is ready to move forward with its commitment to the regional forensics lab and has
submitted an RFP to purchase land and build a dedicated lab building. Construction of a building
will assist in pooling resources, information, expertise, equipment and functionality among the
members. This pooling will increase the speed and accuracy that critical evidence is analyzed in
cases handled by Police Services. By leveraging ofthe resources provided by the other Regional Lab
entities, this regional partnership offers enhanced forensic services to Fort Collins Citizens at a
reduced cost to the City. The combined building will enhance the already increased service the City
receives from the Regional Lab. By participating in the Regional Lab, Fort Collins provides only
a portion of the forensic expertise needed for all criminal case investigation. Without participation
in the Regional Lab, Police Services would need to increase current staffing levels as well as expend
training costs to maintain staff knowledge in areas covered by other agency lab personnel. The
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June 5, 2012
facility will house in one location all Northern Regional Laboratory Group (NRLG) members'staff
offorensic examiners.
The purpose of this Resolution is to authorise the Mayor to enter into a new Intergovernmental
Agreement for a combined laboratory.
FLVANCL4L I ECONO3IIC LUPACTS
The actual financial impact at this point is unknown. Estimates derived from comparable facilities
do not exceed $'75, 000 per participating agency. Meld County has received earmark funding to
cover two years of operating expenses. Fort Collins Police Services would submit for finding in
future budget processes. "
Police Chief John Hutto clarified this crime lab will not provide additional functionality, but will
be a facility that will allow resources to be pooled and physically located in a single space.
Operations and maintenance will be split between five different entities: the Larimer and Weld
Counties, and the Cities of Fort Collins, Loveland, and Greeley.
Eric Sutherland, 3520 Golden Currant, suggested the Larimer County Sheriff's Office needs to
provide more thoughtful treatment to citizens of Fort Collins.
Councilmember Manvel asked about the building being used by the Weld County Coroner. Police
Captain Don Vagge replied the building being built will house the Crime Lab, and some facilities
for the Coroner are being considered; however, those will be managed separately. The operations
and maintenance costs being discussed are to be only applied to the part of the building dedicated
to the Crime Lab function.
Councilmember Manvel asked about funding for the interior fittings. Captain Vagge stated there
is an operating board for this facility, which would be making those types of decisions.
Councilmember Manvel noted the agreement language appears to place Weld County in the
decision -maker role and questioned the requirement that Fort Collins pay one -fifth of any costs
deemed appropriate by other entities. Captain Vagge replied the governing board, which has been
in place under the existing IGA since 2003, provides for equal voting rights regarding the
functionality and services provided by the lab.
Councilmember Manvel asked about the use of the new lab space at the Police Services building.
Chief Hutto replied the lab space was never intended to be a full -service lab space.
Councilmember Manvel requested input from the City Attorney regarding the lack of mention of
shared governance in the agreement. City Attorney Roy.replied he would need to examine the
existing IGA and Council has the ability to continue the item to June 26th.
Mayor Pro Tem Ohlson suggested the agreement be cleaned up, even if passed by Council. City
Attorney Roy suggested that if Council is comfortable accepting the uncertainty about the specific
issue of decisions regarding interior finishes, he would recommend approving the item and revisiting
it at a later date with an amendment.
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June 5, 2012
Councilmember Manvel agreed with City Attorney Roy and asked that a revision be brought forth
if necessary.
Councilmember Troxell asked what agency is providing funding for the next two years. Captain
Vagge replied both grants, totaling $300,000 were federal earmarked funds. Weld County has put
forward $4 million for land purchase and building construction.
Councilmember Troxell suggested staff examine the requirements of the grants regarding
governance. V
Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to adopt Resolution
2012-045. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and Troxell. Nays: none.
THE MOTION CARRIED.
Extension of the Meeting.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to extend the meeting
past 10:30 p.m. Yeas: Weitkunat, Manvel, Ohlson,Poppaw and Troxell. Nays: Kottwitz.
THE MOTION CARRIED.
Items Relating to Rebates of Property Taxes, Sales
Tax on Food, and Utilities. Adopted on Second Reading
The following is staff s memorandum for this item
"EXECUTIVE SUA1.11ARY
A. Second Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of
the City Code Relating to the City's Property Tax Rebate.
B. Second Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of
the City Code Relating to the Rebate of the City's Sales Tax on Food.
The Finance Department currently administers three rebate programs for low income, senior and
disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were
created in 1972, 1975 and 1985 respectively.
Ordinance No. 046, 2012, will change the income qualification for the Property Tax rebate from
30% of area median income (A III) to 50% of A1111 to increase the number of senior and disabled
residents that qualify and to align with the Sales Tax on Food rebate income qualifications and will
update the application period to August 1st through October 31st.
The income qualification for the Utility Refund will be changed from 30% of area median income
(All'II) to 50% ofAMI to allow for an increased number ofsenior and disabled residents to qualify
and to align with the Sales Tax on Food rebate income qualifications. The application period will
be updated to August 1 through October 31. No Code amendment is needed to make these changes
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June 5, 2012
because Code Section 26-613 states that applicants for tuility rebates must meet the same
qualifications requirements as applicants for property tax rebates. A Whereas clause has been
added to Ordinance No. 046, 2012, that mentions that a utility refund program is available that
follows the same guidelines as the property tax rebate guidelines.
Ordinance No. 047, 2012, will update the rebate amount of Sales Tax on Food from S40 to $54 per
member ofqualifying household, index the rebate amount moving -forward to the local CP1 and will
update the application period to August I through October 31.
The Ordinances have been amended on Second Reading to add a provision that the City Manager
will submit an annual report to City Council by March 31, 2013, reviewing the status of the
programs, who is being reached and how participation in the programs has been increased. Both
Ordinances were unanimously adopted on First Reading on May 15, 2012. "
Eric Sutherland, 3520 Golden Currant, asked why the utility rebates are coming from the General
Fund and stated this item could have been designed better.
Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 046, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 047, 2012, on Second Reading. Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and
Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Weitkunat asked when Item No. 29, Resolution 2012-044, Adopting an Economic Health
Strategic Plan for the City of Fort Collins, will be heard. City Manager Atteberry replied it will be
the first business item on the June 26, 2012 agenda.
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to cancel the June
19, 2012 meeting, as permitted under Section 2-28(a) of the City Code, due to the Colorado
Municipal League conference. Yeas Weitkunat, Manvel, Ohlson, Poppaw, Kottwitz and Troxell.
Nays: none.
THE MOTION CARRIED.
Adjournment
Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00
p.m. on June 26, 2012, in order to consider several items of additional business. Yeas: Weitkunat,
Manvel, Ohlson, Poppaw, Kottwitz and Troxell. Nays: none.
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June S, 2012
THE MOTION CARRIED.
The meetin.- adjourned at 11:03 P.M.
ATTEST( � / �O FORT
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