HomeMy WebLinkAboutMINUTES-08/20/2013-RegularAugust 20, 2013
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 20,
2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
AEenda Review
City Manager Atteberry announced two staff reports would be presented before Citizen
Participation and recommended postponing Item No. 7, Second Reading of Ordinance No. 094,
2013, Authorizing the Lease of City -Owned Property at 212 Laporte Avenue to Feeding Our
Community Ourselves, Inc. for Up to Five Years, to September 3, 2013. Additionally, City
Manager Atteberry recommended a language addition to Item No. 25, Resolution 2013-070
Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins Downtown Development Authority Regarding the Implementation of DDA and City
Financing of Certain Costs in Connection with the Woodward, Inc., Project at Lincoln and
Lemay, and stated the possible Executive Session on the agenda is no longer needed.
Staff Reports
Kelly DiMartino, Assistant City Manager, provided an update regarding the USA Pro Challenge
and discussed the efforts of the Northern Colorado regional group in planning for the race.
Councilmember Cunniff asked if the City is on target with its projected budget for the race.
DiMartino replied in the affirmative.
Councilmember Cunniff asked about road closure impacts and mitigation efforts. DiMartino
replied much outreach has occurred and signage and messaging has been developed in order to
mitigate, where available.
Councilmember Campana commended DiMartino on her efforts with this project.
City Manager Atteberry discussed the history of the City's approach to West Nile Virus and
mosquito spraying. He acknowledged the citizen interest and opposition to the spraying policy
and announced an October 29 work session on the topic.
Mike Calhoon, Parks Department Supervisor, discussed the mosquito treatment program and the
City's criteria for spraying. He also detailed the public outreach efforts regarding the program.
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August 20, 2013
Councilmember Cunniff asked about the proof this policy is the most effective response to
positively impact citizens' health. He also asked what alternatives are available and how soon
work could begin on possibly modifying the policy. City Manager Atteberry replied data
collection and studies will begin now in an attempt to have a potentially revised policy in place
by next year.
Councilmember Cunniff noted human health is the ultimate goal and asked why the telephone
outreach system failed. Kelly DiMartino, Assistant City Manager, replied over 30,000 calls were
successfully placed and about 2/3 of those were successfully received. She noted any phone on a
VOIP service would not be part of the phone database. .
Citizen Participation
Mel Hilgenberg, 172 North College, announced the Rocky Mountain Raptor Rescue open house,
thanked the City for mosquito spraying, commended Councilmember Horak for providing
leadership on a multitude of issues, and announced his candidacy for the Poudre School District
Board of Education.
Lauren Dittman, 800 Kimberly Drive, encouraged additional -preventative action regarding
mosquito spraying but expressed concern regarding the use of permethrin.
Nancy York, 130 South Whitcomb, stated she did not receive a call related to mosquito spraying
and opposed the blanket spraying across the City, noting the infection rates were high only on
the south side of town.'
Betsy and Sarah Pruznick, Fort Collins residents, thanked the City for its Neighborhood Night
Out grant.
Kevin Cross, 300 Peterson, opposed the use of permethrin and questioned the City's lack of data
regarding the effectiveness of the chemical.
Zach Heath, 135 South Sunset, stated there is a lack of data regarding the long-term health
effects of permethrin.
Sharon Gale, 229 Lyons, stated she was speaking for Dr. Sarah Rathburn of CSU who was
affected by West Nile Virus but believes the permethrin spraying is unnecessary.
Jesse Eastman, Fort Collins resident and Fort Collins Nursery owner, opposed the mass spraying
of permethrin and encouraged additional public outreach.
Sandy Lemburg, 300 Remington, stated the public outreach efforts were not significant enough.
Rebecca Sorberg opposed the mass spraying of permethrin and claimed the mosquito counts
increase after spraying.
Myles Crane, Human Relations Commission and Senior Center Council, announced the
Disability Pride Parade and festivities and discussed the success of the Senior Center.
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Shari Due, Fort Collins resident, discussed cancer versus West Nile deaths and the carcinogenic
aspects of permethrin.
Misty Nelson, 215 North Shields, opposed the use of permethrin.
Delores Kueffler, 1621 East Pitkin, opposed the mass use of permethrin.
Dana Kunze, 2206 West Prospect, opposed the use of permethrin.
Chuck and Stacey Anderson, 818 Bramblebush Street, opposed the use of permethrin.
Chad Moore, 215 North Shields, suggested responsibility and choice should be shifted to
individuals from the City and opposed the use of permethrin.
David Roy, 2016 Evergreen Court, suggested Council take charge of this issue and direct staff to
take a different path.
Terry Francl, 7400 Bluewater Court, thanked Council and the City for. putting together a well
thought-out and appropriately implemented plan to deal with the West Nile Virus issue.
Mike Pruznick, 636 Castle Ridge Court, expressed concern regarding the cumulative impacts of
permethrin spray.
Marissa Sutfin opposed the use of permethrin.
Jerry Gerber, 945 Maple, stated he had West Nile Virus ten years ago and opposed the mass use
of permethrin.
Sonya Kruger, Fort Collins resident and beekeeper, opposed the use of permethrin. `
Matt Goppel, Fort Collins resident, opposed the mass use of permethrin:
Christina Trout, Larimer County resident, opposed the use of permethrin.
Michael Tincher, 3300 North Overland Trail, Rocky Mountain Raptor Program, discussed the
effect of West Nile on raptors and encouraged better public outreach.
Sara Fisher, 731 Arbor Avenue, opposed the use of permethrin.
Jenny Jones, Fort Collins resident, opposed the use of permethrin.
Cheryl Distaso, Fort Collins Community Action Network, noted Council's support of urban
agriculture appears in opposition to the decision to mass spray permethrin.
Simone Shod, Fort Collins resident, stated the spraying comes down to a private property issue
and the City should allow residents to opt out.
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August 20, 2013
Clint Skutchan, Fort Collins Board of Realtors, supported the proposed notification process
related to oil and gas setback requirements.
John Anderson, Fort Collins resident, discussed public process concerns.
Citizen Participation Follow-up
Mayor Weitkunat expressed appreciation for the individuals who spoke and noted Council will
examine the policy.
Councilmember Cunniff encouraged residents to stay involved in the conversation and stated
Council wants to thoroughly examine the policy.
Mayor Pro Tern Horak noted Dr. LeBailly of the Larimer County Health Department has stated
this season will be the worst year for West Nile cases since 2003.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the July 2 and July 16, 2013 Regular
Meetings and the July 30, 2013 Special Meeting,
7. Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of City -Owned
Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to
Five Years.
This Ordinance, unanimously adopted on First Reading on July 16, 2013, authorizes a
lease for City -owned property at 212 Laporte Avenue to Feeding Our Community
Ourselves, Inc. to house a non-profit cafe with a minimal food processing facility.' The
total yearly lease payment for the property will be a minimum of $44,688. The term of
the lease shall be for one (1) year, with renewals on a yearly basis for up to four (4)
successive one-year terms. With this lease, either party will have the option to terminate
at any time upon a one (1) year advance written notice to the other party. The tenant will
be responsible for the taxes, all utilities, communication services, trash services and
janitorial services.
8. Items Relating to Appropriations for Woodward Related Public Improvements.
A. Second Reading of Ordinance No. 098, 2013, Appropriating Unanticipated
Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing
Appropriations from the Natural Areas Fund to the Capital Projects Fund for
Woodward Related Public Improvements.
B. Second Reading of Ordinance No. 109, 2013, Waiving the Application of the Art
in Public Places Requirements in Article XII of Chapter 23 of the City Code to
Improvements Constructed Pursuant to the City's Agreement with Woodward,
Inc., and the Downtown Development Authority Regarding the Link-N-Green
Development.
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August 20, 2013
10.
Council approved the public improvement portion of the Woodward incentive package in
April 2013. The City agreed to provide assistance for Woodward's relocation,
construction and expansion. Ordinance No. 098, 2013 appropriates funding for the
following projects:
Transmission Line Relocation $1,297,080
Right -of -Way Improvements 1,750,000
Open Space Improvements 3,500,000
$6,547,000
The projects will be funded through two sources: $6,047,080 from DDA contributions
and $500,000 from 2013 appropriations existing in the Natural Areas Fund.
Ordinance No. 109, 2013, exempts the right-of-way improvements under the Woodward
Agreement from the requirement to contribute 1% to Art in Public Places because the
contribution would not be required if the developer were constructing the improvements
and the City's management of the right-of-way improvement project is being provided as
part of the Woodward incentive package. Both Ordinances were unanimously adopted
on First Reading on July 16, 2013.
Items Relating to the Completion of the 2013 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 (HSP).
A. Second Reading of Ordinance No. 099, 2013, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 100, 2013, Appropriating Unanticipated
Revenue in the Home Investment Partnerships Fund.
Ordinance No. 099, 2013 appropriates the City's FY 2013 CDBG Entitlement Grant from
the Department of Housing and Urban Development (HUD). Ordinance No. 100, 2013
appropriates the City's FY 2013 HOME Participating Jurisdiction Grant from HUD.
Both Ordinances were unanimously adopted on First Reading on July 16, 2013.
Second Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be
Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election
This Ordinance, unanimously adopted on First Reading on July 16, 2013, calls a Special
Municipal Election to be held in conjunction with the November 5, 2013 Larimer County
Coordinated Election, and preserves the opportunity for Council to place initiated or
'referred issues on the November ballot. If Council decides to place any measures on the-
ballot it would need to do so no later than at its August 20 meeting. If Council does not
take action by ordinance or resolution before the statutory deadline (September 4) to
certify ballot language to Latimer County, the election will be cancelled and the
provisions of this Ordinance will be of no further force and effect.
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August 20, 2013
This Ordinance does not submit a specific measure to the November 5, 2013 ballot.
However, a,group of citizens has been successful in collecting enough signatures on an
initiative petition relating to a moratorium on the use of hydraulic fracturing. Resolution
2013-072 Submitting a Proposed Citizen -Initiated Ordinance to Place a Fine -Year
Moratorium on the Use of Hydraulic Fracturing Within the City of Fort Collins or Under
its Jurisdiction to Extract Oil, Gas, or Other Hydrocarbons and to Store and Dispose o/
Its Waste Products at a Special Municipal Election to Be Held on November 5, 2013, In
Conjunction with the Lorimer County Coordinated Election will be considered on this
agenda as a Discussion item.
Adoption of this Ordinance is a required step in preserving the option for City Council to
submit the initiated ordinance, and/or any other ballot measures that Council may desire,
at the November 5, 2013 Coordinated Election.
IL . Items Relating to the Residential Parking Permit Pro am.
A. Second Reading of Ordinance No. 102, 2013, Establishing a Residential Parking
Permit Zone Program.
B. Second Reading of Ordinance No. 103, 2013, Amending Various Provisions of
the Fort Collins Traffic Code.
The purpose of this item is to authorize the City Manager or a designee to implement
residential parking permit programs in neighborhoods with parking problems.
These Ordinances, unanimously adopted on First Reading on July 16, 2013 establish a
residential parking permit program. City staff will develop administrative procedures for
the program by working with neighborhoods and residents. The Traffic Code ordinance
is needed to make the program enforceable. This program will be phased in over a two-
year period as problem areas are identified and residents request assistance.
12. Second Reading of Ordinance No. 104; 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development of
the Authority.
This Ordinance, unanimously adopted on First Reading on July 16, 2013, expands the
boundaries of the Fort Collins Downtown Development Authority (DDA) and amends
the Plan of Development of the Authority to include a property in the 100 block of West
Laurel Street and adjacent right-of-way on South Mason Street and West Laurel Street.
The property includes the current location of Ram Bookstore (northeast corner of West
Laurel and South Mason Streets).
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August 20, 2013
13. Second Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive
Right -of -Way as Dedicated on the Ricketts Harmony Minor Subdivision.
The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive
that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts
Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive,
platted two lots and dedicated additional right-of-way for. Cambridge Avenue (now
known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its
current alignment with the approval of Harmony Technology Park Second Filing
Development Plans on the west side of Cambridge Avenue, which left the portion to be
vacated no longer necessary for street purposes. This Ordinance, unanimously adopted
on First Reading on July 16, 2013, vacates this portion of Lady Moon Drive.
The adjacent property owners have been contacted regarding this vacation and have no
objections. All public and private utilities have been notified of the proposed vacation
and they report no objections, provided the area is retained as a utility easement. With
this Ordinance, the entire area proposed to be vacated will be retained as a utility
easement.
14. Second Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include
Additional Regulations for Development in Close Proximity to Oil and Gas Operations.
The purpose of this item is to establish requirements for proposed residential
developments in close proximity to existing oil and gas operations.
The proposed Land Use Code changes were unanimously adopted on First. Reading on
July 16, 2013. These changes establish a tiered approach to requirements for new
residential developments in close proximity to oil and gas operations. Disclosure to
future residents is required for any proposed oil and gas development within one
thousand feet (1,000') of an existing operation. If the development is proposed to be
closer than five hundred feet (500') of an existing oil and gas operation, additional
screening and protection measures are required. If the subdivision is proposed to be less
than three hundred fifty feet (350') from an existing operation, a Modification of
Standard would be required.
15. First Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Pro rg am.
The purpose of this item is to appropriate grant money to fund Restorative Justice
Services within Community Development and Neighborhood Services.
A grant in the amount of $45,000 has been received from the Colorado Division of
Criminal Justice (DCJ) Juvenile Diversion fund for salaries associated with the continued
operation of Restorative Justice Services,. which includes the RESTORE program for
shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all
other offenses. Restorative Justice is an alternative method of holding a young offender
accountable by facilitating a meeting with the offender, the victim/victim representative
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and members of the community to determine the harm done by the crime, and how to
repair the harm. By identifying and repairing the harm caused by the crime, Criminal
Justice Officials are optimistic repeat offenses by these youth will be reduced and the
needs and concerns of the victims and affected community will be addressed. A $7,440
cash match is required and will be met by appropriating funds from the Community
Development and Neighborhood Services operating budget designated for restorative
justice. Total required match is 25% so an additional $7,560 in -kind match is designated
from the Eighth Judicial Probation Department.
16. First Reading of Ordinance No. 111, 2013, Appropriating Unanticipated Revenue in the
General Fund for Building Remodel Costs at 281 North College Avenue.
The purpose of this Ordinance is to appropriate unanticipated building permit and plan
check fee revenues to facilitate co -location efforts for Community Development and
Neighborhood Services (CDNS) staff.
17. First Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant Revenue .
into the Transportation Services Fund for the Safe Routes to School Program and
Transferring Appropriations in the. Keep Fort Collins Great Fund from the Operating
Budget to the Grant Program.
The purpose of this ordinance is to request appropriation of unbudgeted funds received
through a grant for the Safe Routes to School Program.
The City of Fort Collins FC Moves Dept. has received a $22,700 federal grant through
the Colorado Department of Transportation (CDOT) for the 2013-14 Safe Routes to
School (SRTS) program. This funding will allow the City's Safe Routes to School
Program (administered and staffed by FC Moves) to enhance its pedestrian and bicycle
safety education programs.
18. First Reading of Ordinance No. 113, 2013, Authorizing the City Manager to Extend the
Term of the Agreement Between the City and Kubra Data Transfer for Utilities
Electronic Customer Billing, Software.
The purpose of this item is to request a one-year. extension of the contract for Fort Collins
Utilities' e-Bill vendor, from October 23, 2013, to October 23, 2014, with the option to
extend for additional one year periods not to exceed four additional one-year renewals.
This extension will give the Fort Collins Utilities staff time to complete necessary
research and development for future e-Bill services, as well as support alignment of
customer .interface services related to advanced meters and related customer software
systems.
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19. First Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base
Industry as Contained in Article 5 of the Land Use Code.
This Ordinance amends the definition of Large Base Industry in the Land Use Code to
expand the types of firms that may qualify beyond manufacturing to also include firms
that provide products or services for local and regional users that are not manufactured
but are of comparable economic value to manufactured goods, or by establishing
corporate offices.
20. First Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development
Overlay Zone District for One Additional Year.
The purpose of this item is to extend the pilot for the Planned Development Overlay
District for one additional year.
This Ordinance would provide for an additional twelve months for the Planned
Development Overlay District (PDOD) pilot. The PDOD is a unique zoning mechanism
designed to address the challenges of infill and redevelopment, blending the concepts of
Planned Unit Developments (PUDs) and performance -based zoning. The pilot was
originally established by Ordinance No. 24, 2013 and provided a six-month timeframe to
accept PDOD development submittals; it is currently set to expire on September 9, 2013.
However, Ordinance No. 024, 2013 provided City Council the ability to extend the pilot
in the event that an insufficient number of PDOD projects were submitted. Since there
have been no submittals and none are expected within the remaining month of the pilot,
Council is asked to consider extending the pilot by an additional year.
21. First Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Kechter Road and Timberline Road Intersection Improvements
Project.
The purpose of this item is to obtain authorization from City Council to use eminent
domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Kechter Road and Timberline Road intersection.
The Kechter Road and Timberline Road Intersection Improvements will construct interim
safety and congestion mitigation improvements at the intersection. The project is
planned to begin construction in the spring of 2014 and be completed within sixty (60)
days. To construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The acquisitions include right-of-way and a
permanent easement from owners of the property at the southeast corner of the
intersection. Timely acquisition of the property is necessary to meet the anticipated
construction schedule. Staff fully intends to negotiate in good faith with the affected
owners and is optimistic that all property negotiations can be completed prior to the start
of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project only if such action is deemed necessary.
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August 20, 2013
22. First Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent
- Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox Access
Road.
The purpose of this item is to obtain authorization from City Council to use eminent
domain, if deemed necessary, to acquire property interests needed to construct rear access
road improvements associated with the North College Improvement Project — Conifer to
Willox.
This project will construct an access road on the west side of College Avenue between
Hickory Street and the mobile home park located at 1601 North College Avenue. During
the conceptual design process of the project, raised, landscaped medians were included as
a critical project component to accomplish the goals of improving the urban character and
safety of the corridor.
Raised medians are a part of both the City's Master Street Plan and the US 287/SH 14
Access Management Report. Because the raised medians limit left turn access to many
of the properties along the Project, the plans have also identified the need for new access
roads along the rear of the properties. The project is planned to begin construction as
soon as possible in 2014, depending on the timing of the property acquisition. To
construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include permanent easements and
temporary easements. Timely acquisition of the property interests is necessary to meet
the anticipated construction schedule. Staff fully intends to negotiate in good faith with
all affected owners and is optimistic that all property negotiations can be completed prior
to the start of the Project. Staff is requesting authorization of eminent domain for all
property acquisitions for the Project only if such action is deemed necessary.
23. First Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned
Property at 328 West Mountain Avenue and 108 North Meldrum Street to Poudre
Landmarks Foundation, Inc.
The purpose of this item into continue leasing the Avery House and Carriage House.
Poudre Landmarks Foundation ("The PLF") wishes to continue leasing from the City the
Avery House and the Carriage House, located at 328 West Mountain Avenue and 108
North Meldrum Street, respectively. The term of the Lease shall be for fifteen (15) years.
The yearly lease payment will be $25 or $375 for the full term of the lease. The PLF
maintains the interior of the buildings and the City will continue to pay all utility costs, as
budgeted.
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24. Resolution 2013-069 Authorizing the Assignment of the City's Private Activity Bond
Allocation for 2013 to the Fort Collins Housing Authority to Finance Multi -Family
Housing Revenue Bonds for the Villages on Plum and Villages at Cunningham Corner
Projects.
The purpose of this item is to assign the City's 2013 Private Activity Bond Allocation to
the Fort Collins Housing Authority.
The City has been notified that it has an allocation of a portion of the State ceiling Private
Activity Bonds (PAB) for 2013 in the amount of $6,962,218. The City received a request
from the Fort Collins Housing Authority (FCHA) for the assignment of the City's 2013
Allocation for the purpose of affordable housing rehabilitation. Specifically, these funds
will be used to finance the rehabilitation of 95 affordable housing rental units located in
the Village on Plum project, and any remaining funds will be carried over for the
rehabilitation of additional specific affordable housing projects.
Annually, the state allocates a portion of its ceiling for PAB to the City. If the City does
not use or assign this allocation, it is returned to the state on September 15. The City has
not received any other requests for the 2013 Allocation.
25. Resolution 2013-070 Approving an Intergovernmental Agreement Between the City of
Fort Collins and the Fort Collins Downtown Development Authority Regarding the
Implementation of DDA and City Financing of Certain Costs in Connection with the
Woodward, Inc., Project at Lincoln and Lemay.
The purpose of this item is to authorize the City Manager to sign the Intergovernmental
Agreement (IGA) between the City and the DDA in connection with the Woodward Inc.
Project.
This. IGA jointly establishes the following internal procedures between the City and DDA
which are necessitated by the Agreement with Woodward, Inc. adopted April, 2013 by
Ordinance No. 055, 2013:
• process for drawing proceeds on the $6,050,000 bond being purchased by
Woodward, Inc. to fund the Improvement Projects
• communication and timing steps associated with calculation of the variable
interest rate bond
• protocol for how Woodward has selected to transfer bond proceeds to the DDA
• process for payments by City project manager consultant of contractor invoices
related to construction of Improvement Projects
• process for debt payment and facade easement reimbursement to Woodward
• acknowledgment and/or establishment of projected dates for City and DDA
appropriation of bond proceeds for use in funding Improvement Projects and
facade easement payments.
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26. Resolution 2013-073 Approving an Agreement Between the City and Custom Blending
Inc., to Provide Business Investment Assistance.
The purpose of this item is to request business assistance to Custom Blending, a primary
Fort Collins employer, by means of tax rebates of $43,500 over a 7-year period.
Custom Blending, Inc., a primary employer in Fort Collins, CO, is seeking assistance of
$43,500 for the expansion of its facility. The Custom Blending expansion will consist of
adding an additional 34,000 square feet to its existing facility and making substantial
equipment purchases, representing a total investment of approximately S5.9 million and
adding an additional 16 full-time jobs with average annual salaries between S45,000 -
$47,000.
Based on information provided by Custom Blending representatives, City staff is
estimating a potential business assistance package of approximately $43,500, which
includes $31,100 in manufacturing use tax rebates and $12,400 in personal property tax
rebates (over a 7-year depreciable useful life). Both investments relate to revenues the
City would not otherwise collect if the expansion did not occur within the city. In terms
of evaluating the investment agreement, the ratio of private investment to total public
investment is $138:S1, or $2,719 per job. Additional savings that could not be estimated
but could be provided include utility efficiency performance incentive and the Fort
Collins Solar Program.
27. Resolution 2013-071 Making Appointments to the Building Review Board and the
Parking Advisory Board.
The purpose of this item is to make appointments for vacancies on the Building Review
Board and the Parking Advisory Board.
28. Routine Deed.
Quit Claim Deed from The Ryland Group, Inc., dedicating 790 square feet to the City of
Fort Collins for the City's public trail construction, located in McClelland's Creek 3`d
Filing.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
7. Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of City -Owned
Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to
Five Years.
8. Items Relating to Appropriations for Woodward Related Public Improvements..
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August 20, 2013
A. Second Reading of Ordinance No. 098, 2013, Appropriating .Unanticipated
Revenue in the Capital Projects Fund and Authorizing the Transfer of Existing
Appropriations from the Natural Areas Fund to the Capital Projects Fund for
Woodward Related Public Improvements.
B. Second Reading of Ordinance No. 109, 2013, Waiving the Application of the Art
in Public Places Requirements in Article XII of Chapter 23 of the City Code to
Improvements Constructed Pursuant to the City's Agreement with.Woodward,
Inc., and the Downtown Development Authority Regarding the Link-N-Green
Development.
9. Items Relating to the Completion of the 2013 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 (HSP).
A. Second Reading of Ordinance No. 099, 2013, Appropriating Unanticipated
Revenue in the Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 100, 2013, Appropriating Unanticipated
Revenue in the Home Investment Partnerships Fund.
10. Second Reading of Ordinance No. 101, 2013, Calling a Special Municipal Election to Be
Held in Conjunction with the November 5, 2013 Larimer County Coordinated Election.
11. Items Relating to the Residential Parking Permit Program.
A. Second Reading of Ordinance No. 102, 2013, Establishing a Residential Parking
Permit Zone Program.
B. Second Reading of Ordinance No. 103, 2013, Amending Various Provisions of
the Fort Collins Traffic Code.
12. Second Reading of Ordinance No. 104, 2013, Expanding the Boundaries of the Fort
Collins Downtown Development Authority and Amending the Plan of Development of
the Authority.
13. Second Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive
Right -of -Way as Dedicated on the Ricketts Harmony Minor Subdivision.
14. Second Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include
Additional Regulations for Development in Close Proximity to Oil and Gas Operations.
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August 20, 2013
Ordinances on First Reading were read by title by City Clerk Nelson.
15. First Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant Revenue
in the General Fund for the Restorative Justice Program.
16. First Reading of Ordinance No. 1 11, 2013, Appropriating Unanticipated Revenue in the
General Fund for Building Remodel Costs at 281 North College Avenue.
17. First Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant Revenue
into the Transportation Services Fund for the Safe Routes to School Program and
Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating
Budget to the Grant Program.
18. First Reading of Ordinance No. 113, 2013, Authorizing the City Manager to Extend the
Term of the Agreement Between the City and Kubra Data Transfer for Utilities
Electronic Customer Billing Software.
19. First Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base
Industry as Contained in Article 5 of the Land Use Code.
20. First Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013, Which
Amended the Land Use Code by the Addition of a Temporary Planned Development
Overlay Zone District for One Additional Year.
21. First Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Kechter Road and Timberline Road Intersection Improvements
Project. .
22. First Reading of Ordinance No. 117, 2013, Authorizing.the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the North College Improvements Project — Conifer to Willox Access
Road. `
23. First Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned
Property at 328 West Mountain Avenue and 108 North Meldrum Street to Poudre
Landmarks Foundation, Inc.
34. First Reading of Ordinance No. 120, 2013, Amending the City Code to Adjust the
Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the
City Code so as to Reflect Inflation in Associated Costs of Service.
35. First Reading of Ordinance No. 121, 2013, Amending Section 3.2.2(k) of the Land Use
Code Regarding Minimum Parking Requirements in the Transit -Oriented Development
Overlay Zone District.
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Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt the
Consent Calendar as amended. Yeas: Weitkunat, Campania, Horak, Conniff, Overbeck, Troxell
and Poppaw. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell encouraged the City Manager to become involved with the issue
regarding the postponed Item No. 7, Second Reading of Ordinance No. 094, 2013, Authorizing
the Lease of City -Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves,
Inc. for Up to Five Years. Additionally, he supported the work completed regarding Item No.
14, Second Reading of Ordinance No. 108, 2013, Amending the Land Use Code to Include
Additional Regulations for Development in Close Proximity to Oil and Gas Operations.
Councilmember Cunniff thanked staff for the amendments to Item No. 25, Resolution 2013-070
Approving an Intergovernmental Agreement Between the City of Fort Collins and the Fort
Collins Downtown Development Authority Regarding the Implementation of DDA and City
Financing of Certain Costs in Connection with the Woodward, Inc., Project at Lincoln and
Lemay and expressed concern regarding the statement there is no environmental impact for Item
No. 19, First Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base
Industry as Contained in Article S of the Land Use Code.
Councilmember Reports
Councilmember Troxell reported on a meeting with the Clarendon Hills Homeowners
Association regarding the acquisition of land in the area by Front Range Community College.
Mayor Weitkunat reported on Neighborhood Night Out activities.
Items Relating to a Citizen -Initiated Ordinance to Place a Five -Year Moratorium
on the Use of Hydraulic Fracturing Within the City of Fort Collins or
Under Its Jurisdiction to Extract Oil, Gas, or Other Hydrocarbons and
to Store and Dispose of Its Waste Products, Resolution 2013-072 Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Presentation of a Petition for a Citizen -Initiated Ordinance to Place a Five -Year Moratorium
on the Use of Hydraulic Fracturing Within the City of Fort Collins or Under Its Jurisdiction
to Extract Oil, Gas, or Other Hydrocarbons and to Store and Dispose of Its Waste Products.
(No Action Needed)
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August 20, 2013
B. First Reading of Ordinance No. 119, 2013 Placing Five -Year Moratorium on the Use of
Hydraulic Fracturing to Extract Oil, Gas and Other Hydrocarbons and on the Storage of the
Waste Products of Hydraulic Fracturing Within the City of Fort Collins or on Lands Under
the City's Jurisdiction. (Option I)
Resolution 2013-072 Submitting to the Registered Electors of the City, at a Special
Municipal Election on November 5, 2013, a Proposed Citizen -Initiated Ordinance Placing a
Five -Year Moratorium on the Use of Hydraulic Fracturing to Extract Oil, Gas and Other
Hydrocarbons and on the Storage of the Waste Products of Hydraulic Fracturing Within the
City of Fort Collins or on Lands Under the City's Jurisdiction. (Option 2)
The City Clerk's Office received an initiative petition on August 5, 2013, which has been
determined to contain a sufficient number of signatures to place an initiated measure before the
registered electors of the City at a special election. Pursuant to the City Charter, upon
presentation of an initiative petition certified as sufficient by the City Clerk, the Council must
either (I) adopt the proposed ordinance without alteration within 30 days; or (2) submit such
proposed measure, in the form petitioned for, to the registered electors of the city.
BACKGROUND /DISCUSSION
The City Clerk's Office received an initiative petition on August 5, 2013, which has been
determined to contain a sufficient number of signatures to place an initiated measure before the
registered electors of the City at a special election. Pursuant to the City Charter, upon
presentation of an initiative petition certified as sufficient by the City Clerk, the Council must
either (1) adopt the proposed ordinance without alteration within 30 days; or (2) submit such
proposed measure, in the form petitioned for, to the registered electors of the city.
The City Clerk's Office has certified a sufficient number of signatures on an initiative petition
received on August 5, 2013. Under Article X of the City Charter, 3,907signatures of registered
electors (at least 15% of the total ballots cast in the last regular City election) are required to
place an initiative on a special election ballot. Upon presentation of an initiative petition
certified as to sufficiency by the City Clerk the Council must either adopt the proposed
ordinance without alteration or submit the proposed measure in the form petitioned for, to the
registered electors of the city. In anticipation of receiving this petition, a special election has
been called for November 5, 2013, in conjunction with the Lorimer County Coordinated
Election.
The purpose of the initialed measure is to place a five-year moratorium on the use of hydraulic
fracturing within the City of Fort Collins or under its jurisdiction to extract oil, gas, or other
hydrocarbons and to store and dispose of its waste products. The text of the proposed ordinance
is as follows:
Fort Collins Public Health, Safery and Wellness Act.
Section 1. Purpos .
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August 20, 2013
To protect property, property values, public health, safety and welfare by placing a five year moratorium
on the use of hydraulic fracturing to extract oil, gas, or other hydrocarbons within the City of Fort Collins
in order to study the'tmpacts of the process on the citizens of the City of Fort Collins.
Section 2. Findines.
The people of Fort Collins hereby make the following findings with respect to the process of hydraulic
fracturing within the City of Fort Collins.
The Colorado Constitution confers on all individuals in the state, including the citizens of Fort Collins,
certain inalienable rights, including "the right of enjoying and defending their lives and liberties; of
acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness, "
Colo. Const. Art. 11, Sec. 3; .
The Colorado Oil and Gas Act requires oil and gas resources to be extracted in a "manner consistent with
protection of public health, safety, and welfare, including protection of the environment and wildlife
resources," Colo. Rev. Star. §34-60-102,
The well stimulation process known as hydraulic fracturing is used to extract deposits oil, gas, and other
hydrocarbons through the underground injection of large quantities of water, gels, acids or gases; sands or
other proppants; and chemical additives, many of which are known to be toxic;
The people of Fort Collins seek to protect themselves from the harms associated with hydraulic fracturing,
including threats to public health and safety, property damage and diminished property values, poor air
quality, destruction of landscape, and pollution ofdrinking and surface water;
Representatives from the State of Colorado have publically stated that they will be conducting a health
impact assessment to assess the risks posed by hydraulic fracturing and unconventional oil and gas
development.
The people of Fort Collins have determined that the best way to safeguard our inalienable rights provided
under the Colorado Constitution, and to and ensure the "protection of public health, safety, and welfare,
including protection of the environment and wildlife resources" as provided under the Colorado Oil and
Gas Act, is to place a five year moratorium on hydraulic fracturing and the storage and disposal of its
waste products within the City of Fort Collins in order lo fully study the impacts of this process on property
values and human health.
Section 3. Moratorium -
Therefore, the people of Fort Collins have determined that the best way to safeguard our inalienable rights
provided under the Colorado Constitution, and to ensure the 'protection of public health, safety, and
welfare, including protection of the environment and wildlife resources " as provided under the Colorado
Oil and Gas Act, is to place a. moratorium on hydraulic fracturing and the storage of its waste products
within the City of Fort Collins or under its jurisdiction for a period of 5 years without exemption or
exception in order to fully study the impacts of this process on property values and human health. The
moratorium can be lifted upon a ballot measure approved by the people of the City of Fort Collins.
Section 4. Retroactive Application
In the event this measure is adopted by the voters, its provisions shall apply retroactively as of the date the
measure was found to have qualified for placement on the ballot. "
City Clerk Nelson discussed the petition that was submitted and certified and stated Council has
two options: to adopt the initiated Ordinance without alteration, or place the measure before the
voters at the November election.
Robert Schutzius, 3208 Mesa Verde Street, stated he is proud to represent the oil and gas
industry and discussed his ties to Colorado and Fort Collins. He opposed the moratorium.
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August 20, 2013
Heather Burnham, Johnstown resident, stated she is a petroleum engineer and has worked and
lived in and near drill sites without concern.
Kimberly (no last name given), Denver resident, stated she works for the oil and gas industry and
discussed the intense regulations of the industry and the necessity of the industry.
Scott Hall, Prospect Energy, requested that Council honor the operator agreement between the
City and Prospect Energy and opposed a ban on hydraulic fracturing.
Jeff Bailey, Fort Collins resident and legislative analyst, stated hydraulic fracturing has been
occurring for years and opposed the moratorium.
Mike Pruznick, 636 Castle Ridge Court, supported the moratorium but stated he could oppose it
given authentic public education and corporate transparency and a commitment from Prospect
Energy to mitigate a reasonable number of the community's concerns by November 5.
Jerry Gerber, Fort Collins resident, congratulated. Citizens for a Healthy Fort Collins on its
successful petition drive. He expressed concern regarding ozone pollution and suggested the
mosquito spraying issue and the hydraulic fracturing issue should be considered together.
Keith Stevens, 1632 Smith Place, supported allowing hydraulic fracturing for the benefit of the
city.
Rudy Zitti, 1626 Fantail Court, opposed the moratorium and noted the City has already entered
into an operator agreement with Prospect Energy.
Michael Zacs, Fort Collins resident, stated he works in the oil and gas industry and opposed the
moratorium.
Ray Martinez, 4121 Stoneridge Court, Fort Collins Alliance for Reliable Energy, opposed the
ballot. measure and stated it undermines what Council should be able to do. He expressed
concern regarding the legal liability of breaking the agreement with Prospect Energy.
John Gascoyne, 718 West Mountain, opposed hydraulic fracturing and cited spills. and accidents
in Weld County.
John Anderson, Latimer County resident, supported the moratorium.
Kelly Giddens, Citizens for a Healthy Fort Collins, supported placement of the moratorium on
the ballot.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2013-072.
Mayor Pro Tern Horak stated the Ordinance can either be adopted as presented or placed on the
ballot and stated Council will likely_ take some formal action either in support or opposition to
the item.
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August 20, 2013
Councilmember Cunniff asked if the ballot language meets the intent of the petition collectors.
Ms. Giddens replied in the affirmative.
Councilmember Troxell stated he supports the item going to the ballot, but cited the
responsibility of Prospect Energy in its operations. He stated he would work to defeat the
initiative.
Councilmember Overbeck commended the work of the petition collectors and supported
placement of the initiative on the ballot.
Mayor Pro Tern Horak discussed problems with the initiative and noted there is a strong
likelihood of legal action should the initiative pass.
Councilmember Campana stated he would support placement of the initiative on the ballot.
Mayor Weitkunat stated she would support placement of the initiative on the ballot and stated
she is proud of the agreement between the City and Prospect Energy, citing the fact that citizen
concerns were addressed in the agreement. She stated she would work to defeat the initiative.
Councilmember Poppaw thanked the citizens who brought forth the initiative. She stated she
would support the initiative at the election.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Poppaw, Cunniff,
Overbeck and Campana. Nays: none.
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 120, 2013,
Amending the City Code to Adjust the Amounts of the Capital Improvement
Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect
Inflation in Associated Costs of Service, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to update the Capital Improvement Expansion fees to include current
infrastructure costs and updated methodology.
Capital Improvement Expansion (CIE) Fees were first implemented in 1996 In 2012, staff
initiated a comprehensive review of the original study. The goal of the review was to ensure that
the methodology first implemented was still applicable and to assess the fee structure to confirm
that it was consistent with the current level of service.
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STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff is recommending a 100%
implementation of the CIE fees imposed on residential development and a phased
implementation of the fees imposed on commercial and industrial development. This
recommendation balances the City's current infrastructure needs against the.rnancial impact
that the updated fees may have on the fee payers.
The net increase of the residential fee categories combined is 4% which does not create an
unreasonable impact on residential developers. In addition, to remain revenue neutral, less than
a 95% adoption of the updated fee structure would result in a revenue decline. For these reasons
staff recommends the 100% implementation for the residential fees.
Staff is recommending a phased approach to the commercial/industrial fees of 601801100. The
phased approach mitigates the magnitude of the fee adjustment to commercial and industrial
developers. Staff recommends that City Council adopt 60% of the new fee structure now, 80%
effective January I, 2015 and 100% effective January 1, 2016. This approach reduces the impact
of the update on the building community while allowing the City to remain revenue neutral for
2013 and 2014. Anything less than a 55% adoption of the new fee structure will result in a
revenue decline.
In addition, staff is recommending that a 3-5 year comprehensive review of the CIE fees be
included in the Code.
BACKGROUND /DISCUSSION
Capital Improvement Expansion (CIE) fees are used to require new developments to pay a
proportionate share of infrastructure costs. The City's Capital Improvement Expansion fees were
originally prepared and adopted in 1996. The fees included in the study are:
• Neighborhood Parks (Residential permits only)
• Community Parks (Residential permits only)
• Fire
• Police
• General Government
Capital Improvement Expansion fees are based on factors including the value of the current
infrastructure, not future build costs. The revenue generated from the fees, however, is used to
fund infrastructure in the future to service new development. It's often referred to as a "buy in "
method.
Although the fees have been updated annually for inflation according to the Denver -Boulder -
Greeley Consumer Price Index, there has not been a comprehensive review of the study since
implementation. However, based on the outcome of the fee study, the inflationary updates have
been fairly accurate: The update to,C1E fees has been on the Council work plan for the past two
years. Due to staff turnover, the project was delayed until the fall of 2012.
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August 20, 2013
Staff worked with the Duncan Associates, a nationally known firm that specializes in impact fees,
to review the methodology and update the fees. The outcome of the study retains the basic
methodology of incremental expansion (the buy in method) but recommends changes to some of
the inputs. Fire, Police and General Government retain the use offunctional population which is
the number of people present at a land use. The fees have all been updated based on current
Level of Service (LOS) which factors in current capital asset replacement costs for all fees.
Updated Fee Structure — What's driving the change in fees?
• Updated household data which resulted in a shift in population per dwelling unit or fewer
people in larger units and more people in smaller units than the previous study is driving the
changes to parks fees
• Current level of service has increased based on updated infrastructure or asset information
which is driving the change to Police, Fire and General Government fees
• A correction to the original.formula for General Government commercial and industrial fees.
Key Updates from 1996 Study
• Neighborhood Parks and Community Parks:
• Park infrastructure was updated to include current asset total. Significant additions
include Spring Canyon, Fossil Creek and numerous neighborhood parks.
• A more reliable data source was selected to determine the population per dwelling unit.
• The current data shows less variation between 'the number of residents in smaller and
larger units than the previous study. Fewer people are living in larger units and more
people are living in smaller units which is causing the fees for smaller units to increase
more or decline less and the fees for larger units to decline.
• The combined fees are decreasing an average of 7%.
• Fire
• Asset information updated to current. A key addition since 1996 is Station #4.
• Credit is given in the fee calculation,for the debt on Station #4.
• Fees are increasing proportionately due to infrastructure growth.
• Police
• Asset information updated to current. The Police Services Building on Timberline is the
major addition to the infrastructure.
• The fee assumes 25% in excess capacity at the Timberline facility which is calculated into
the fee as a credit.
• Fees are increasing an average of 39%for residential and decreasing an average of 10%
for commercial industrial.
General Government:
• Facility assets updated to include 215 North Mason.
• Streets facilities and capital included as part of fee calculation which is a change from the
1996 study.
Formula correction to original study for commercial and industrial fees which is driving
a portion of the increase. Update to asset information is driving the additional increase.
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August 20, 2013
In addition to the updates to current LOS, the study also suggests another option for calculating
residential fees. The current residential fees are assessed by square footage of unit. Another
option would be to•assess residential fees based on a single family or multifamily classification.
Information regarding this option is included in the draft study.
Staff is recommending that City Council proceed with the current approach in which residential
fees are based on dwelling unit size. Staff makes this recommendation for the fallowing reasons:
• A single family/multifamily fee structure provides advantage to multifamily developers
because the fee would be based on the lowest of the current fee options regardless of unit
size.
• The single family/multifamily option equates to a disadvantage to single family developers
because they would generally be paying a higher fee regardless of unit size_
• The single family/multifamily option would generate significantly less revenue annually with
estimates in the $300K range.
Current Fund Balance Information
1. Neighborhood Parkland Fees: Expenditures shall be made for approved purposes for the
acquisition, development and administration of neighborhood parks, including purchases of
new or replacement park site equipment and plantings.
• Fund Balance as of 12/31/2012: $5,127,970
• Offers Funded in 2013 Budget: $750, 000
• Offers Funded in 2014 Budget: $1,050,000
2. Community Parkland Fees: Expenditures shall be made for the acquisition, construction and
development of capital improvements related to the provision of community parklands.
• Fund Balance as of 12/31/2012: $9,156,115
• Offers Funded in the 2013 Budget: $1,270,000
3. Fire Protection Capital Improvement Expansion Fees: Expenditures shall be made for the
acquisition, construction and development of capital improvements related to the provision
offire protection services to City residents, as described in the capital improvements plan for
fire protection.
• Fund Balance as of 12/31/2012: $262,255. The balance is being used by PFA to pay debt
service on Station #4.
4. Police Capital Expansion Fees: Expenditures shall be made for the acquisition, construction
and development of capital improvements related to the provision of police services as
described in the capital improvements plan for police services.
Fund Balance as of 1213112012: $1,008,220. The balance is being used to pay debt
service on new Police Facility.
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August 20, 2013
5. General Government Capital Expansion Fees: Expenditures shall be made for the purpose of
funding capital improvements related to the provision ofgeneral governmental services.
Fund Balance as of 1213112012: $6,159,361 of which $4,834,743 has been loaned to the
URA for North College Marketplace and JAX, leaving only $1,324,618 in liquid
investments, it was not anticipated this money would be needed before the loan will be
repaid.
FINANCIAL /ECONOMIC IMPACTS
The revenue impact of implementing the residential fees at 100% is dependent on the size of units
being built in the future. If the majority of permits are for smaller units which occurred in 2012,
then the revenue growth is estimated at 4% or $150k annually; however if permits lean towards
larger units than the revenue is estimated to be relatively flat. Generally, Community Parks will
see a revenue decline due to the fee update, whereas the Neighborhood Parks, Fire, Police and
General Government will experience moderate revenue growth.
For the commercial/industrial fees the revenue impact is as follows based on the 10 year permit
average:
• Phase I — 60%: $IOk remainder of 2013 through 2014
• Phase 2 — 80%: $130k annually
• Phase 2 —100%: $240k annually
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board discussed the item at their February 7, 2013 meeting. The board
did not make a formal motion on the topic but expressed general concern regarding the effect on
affordable housing. Staff Note: The Code does allow for waiver of CIE fees for Housing
Authority Projects and deferral of CIE fees for affordable housing projects (Attachments 2 and
3).
The Economic Advisory Commission unanimously (6-0) recommended adopting the updated fee
schedule during its February 20, 2013 meeting (Attachment 4).
The Building Review Board voted to support the increased impact fees_ without the trail portion.
The motion failed with a 3-3 vote (Attachments 5 and 6).
The Parks and Recreation Board discussed the time at their May 22, 2013 meeting. The board
did not make a formal motion on the topic but expressed support regarding the parks portion of
the fee update (Attachment 7).
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August 20, 2013
PUBLIC OUTREACH
Staff began the public outreach process in January of 2013. Staff specifically worked with the
following stakeholders through multiple meetings and presentations from January 2013- August
2013.
• Board of Realtors
• Homebuilders Association
• Chamber of Commerce (Attachment 8)
The goal of the outreach was to ensure stakeholders fully understood the methodology and
trusted in the integrity of the data. Staff was overall successful in gaining support for the data
integrity and methodology; however, support for the fee update was mixed. The high level
concerns surround:
• Fees increasing more for smaller units than larger units which creates burden on affordable
housing and responsible growth
• Business community concern for spike in Commercial/Industrial fees. "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mike Beckstead, Chief Financial Officer, reviewed the history of the item.
Jessica Ping -Small, Revenue and Project Manager, stated capital expansion fees are charged to
the developer at the time permits are pulled. The fees are based on a current level of service.
Ping -Small discussed the neighborhood and community parks fees, fire fees, police fees, and
general government fees and discussed the comprehensive study of fees which occurred in 2011.
She reviewed the proposed phasing of the fees and the public outreach process.
Joe Rowan, 621 Gilgalad, questioned the implementation of the fees prior to the comprehensive
fee study, which is scheduled for 2014.
Clint Skutchan, Fort Collins Board of Realtors, stated the Board supports the proposed fees and
requested they be phased in where appropriate. He expressed concern that the higher fees on
small homes might be viewed as a disincentive to build smaller homes.
Beckstead noted the comprehensive review in 2011 began this process and these fees will be
reviewed again on a periodic basis.
Mayor Weitkunat asked if staff s recommendation to codify a comprehensive review every three
to five years is part of this language. City Attorney Roy replied a new whereas clause has been
added to the Ordinance and read that language into the record.
Mayor Weitkunat asked why the five year review time was selected. Ping -Small noted the
review could be done more frequently, but must be done at least every five years. She also stated
large infrastructure additions are not generally made very frequently.
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August 20, 2013
Councilmember Cunniff asked about the phasing time period of industrial and commercial fees.
Ping -Small replied staff is recommending a three-year phasing rather than a two-year phasing
because there would only be a few months left in 2013 for the initial 60% adoption.
Councilmember Troxell asked why the fees are not impacted by infill. Ping -Small replied infill
does have an impact on infrastructure; however as the system is built out and infrastructure
levels out,, the functional population will increase and the periodic review will allow for fee
adjustments in the future.
Councilmember Troxell asked about accountability in the fees. Beckstead replied there is strict
accountability for how the revenues from the fees are treated and spent. The revenues for trails
and parks, for example, can only be used for new trails and parks.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 120, 2013 as amended, on First Reading.
Mayor Pro Tern Horak stated he understands Councilmember Cunniff s concern regarding the
three year phasing for commercial and industrial fees but stated he is comfortable adopting this
new fee structure.
Councilmember Conniff made a motion, seconded by Councilmember Poppaw, to amend the
motion to restore the two-year phasing for commercial and industrial fees, with January.1, 2014
being the first day for 80% and January 1, 2015 being the first day for 100%.
Mayor Weitkunat stated she would not support the amendment due to the exceptionally large
increase for the commercial and industrial fees.
Councilmember Poppaw noted the percentage increases seem large; however, the dollar amounts
are not.
Councilmember Cunniff expressed concern that examination of the percentages alone is
misleading.
Councilmember Troxell stated he would not support the amendment as the goal of the fee
changes is alignment with the capital fee structure, not income.
J
Mayor Pro Tern Horak noted the timing of the calendar year makes the three-year phasing
sensible.
The vote on the motion to amend was as follows: Yeas: Poppaw, Cunniff and Overbeck. Nays:
Weitkunat, Troxell and Horak.
THE MOTION FAILED.
Councilmember Cunniff stated he would support the original motion, though he does not support
the three-year phasing.
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August 20, 2013
The vote on the motion was as follows: Yeas: Troxell, Poppaw, Cunniff, Overbeck, Horak and
Weitkunat. Nays: none.
THE MOTION CARRIED.
Ordinance No. 121, 2013,
Amending Section 3.2.2(k) of the Land Use Code Regarding
Minimum Parking Requirements in the Transit -Oriented
Development Overlay Zone District, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to propose minimum parking requirements for multi family dwellings
in the Transit -Oriented Development (TOD) Overlay Zone.
At the July 9, 2013 Joint Work Session of City Council and Planning and Zoning Board,
direction was given to implement interim minimum parking requirements for multi family
dwellings in the TOD Overlay Zone, while maintaining that the long-term vision for the TOD
should stay intact. At the August 8, 2013 Planning and Zoning Board Hearing, the Board
recommended revising the Land Use Code (LUC) to require minimum ratio of 60% - 70%
parking spaces to the proposed number of bedrooms, a provision to meet the standard through
alternative compliance, and a one year sunset in which time a TOD Parking Plan will be
created. Accordingly, the City Council will need to select the ratio and fill in the blank on page 2
of the Ordinance.
BACKGROUND /DISCUSS/ON
In 2006, the TOD Overlay Zone was added to the City of Fort Collins LUC, creating the map
and the removal of minimum parking requirements to encourage a more urban form of
development and allow market conditions to provide adequate parking. It was further amended
in 2007 addressing mixed -use and pedestrian -oriented design. Attached to this AIS (with the
P&Z staff report) is a TOD memorandum dated May 10, 2013 that provides an in depth
discussion of the TOD formation and parking analysis.
Problem Statement
The vision expressed in City Plan and implemented in the Land Use Code (LUC) is for
concentrated higher density housing and mixed -use development supported by investment in
infrastructure including high frequency transit, streetscape and urban design improvements, and
pedestrian and bicycling facilities. The removal of minimum parking requirements for multi-
family development within the TOD Overlay Zone is premised upon the full implementation of
these infrastructure investments. While progress is being made on those investments, the full
system is not yet in place. In the meantime, the limited parking for multi family development,
combined with commuter traffic, could cause spillover parking into existing neighborhoods.
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August 20, 2013
To reduce the impacts from spillover on neighborhood on -street parking, address the demand for
parking capacity, and reduce parking demand, the following strategies could be implemented:
Parking Capacity
• Require minimum parking requirements in the TOD Overlay Zone. (Proposed with this
agenda item)
• Require a Parking Analysis to determine parking demand as identified in the Parking Plan.
(Proposed with this agenda item, to be expanded with consultant input)
• Create a parking district that would facilitate the creation of parking infrastructure as
recommended in the Midtown Plan. (Could be included with parking fee discussion)
• Require off -site parking storage. (Proposed as possible mitigation per alternative
compliance)
• Create a parking impact fee or parking fee -in -lieu as identified in the Parking Plan. '(To be
discussed at November 16 Work Session)
Spillover Parking
• Create a Residential Parking Permit Program (RPPP). (Ordinance No.101, 2013 was
adopted by City Council on First Reading on July 16, 2013 and is considered on Second
Reading on August 20)
• Impose time limits for parking on public streets in affected areas as identified in the Parking
Plan and already implemented in the Mantz Neighborhood.
Parking Demand
• Require mitigation measures to reduce parking demand (e.g., require purchase of bus passes,
enhanced bike facilities, implement car share and bike share programs). (Proposed with this
agenda item)
• Implement high -frequency transit. (In process)
• Support TOD with mixed -use development including residential, employment, and
commercial services. (Being discussed in Midtown Plan)
Land Use Code
Staff analyzed eleven multi family development projects in the TOD Overlay Zone (see attached)
and found that, on average, they provided a ratio of 57% parking spaces to bedrooms. If these
same projects were to be developed outside the TOD Overlay Zone, subject to existing minimum
parking requirements, they would have been required to provide an average ratio of 89%
parking spaces to bedrooms. Staff averaged these two numbers, representing the current market
ratio being proposed with development and the Land Use Code's minimum requirement for
multi family dwellings, which resulted in ratio of 73% parking spaces to bedrooms. Thus, staff
recommended to the Planning and Zoning Board (P&Z) a ratio of 70% parking spaces to
bedrooms.
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August 20, 2013
Subsequent to publishing the P&Z staff report, additional analysis has been done on the same
projects in the TOD Overlay Zone with outlier percentages removed in an attempt to get a better
indication of what the market is providing (see attached spreadsheet). With the outliers removed
(The Summit [32.]%], Ram's Crossing K2 [33.6%], and Penny Flats [92.9%]), the average
ratio is 58.5% parking spaces to bedrooms. This ratio was considered by the P&Z Board and
they recommended a ratio of 60% - 70%parking spaces to bedrooms.
The proposed alternative compliance section is premised on promoting the goals of the TOD
Overlay Zone - such as concentrated higher density residential development, high frequency
transit, and enhanced pedestrian and bicycle facilities - without compromising compatibility with
existing neighborhoods in terms of excessive spillover parking. hi order to request alternative
compliance, a Parking Analysis is required to be submitted that will provide an in-depth analysis
of parking demands created by the proposed development and mitigation measures taken to
reduce demands for on -site parking. The Parking Analysis criteria are a result of preliminary
implementation work done by staff for the Fort Collins Parking-Plan:.Downtown and
Surrounding Neighborhoods. However, these proposed criteria are a temporary solution to
expire in one year. In which time we plan to procure an expert consultant to expand the Parking
Plan to the TOD Overlay to create a comprehensive approach to parking requirements. Staff has
received a proposal from Kimley-Horn and Associates to develop this plan.
Parking Plan
Action Item #7 of the Parking Plan, adopted by Council on January 15, 2013, calls for an
amendment to the requirements for Transportation Impact Studies (TIS) to require that TISs for
development proposals include an assessment of parking impacts in Fort Collins.
Policy 6.4 — Review of New Development Parking Impacts
New development will be systematically evaluated.for its impact on Downtown parking within a
Transportation Impact Study. The evaluation will include information about expected parking
generation for new uses, parking created or lost, demand reduction measures, impacts to public
parking, anticipated impacts to public parking, anticipated spillover effects, and any other
information relevant to changes in parking demand and supply.
Parking Fee Discussion
• Planning Development and Transportation (PDT) and Finance staff have been
evaluating the potential of creating a parking impact fee that would off -set impact created by
utilization of public parking; and/or creating a parking fee -in -lieu as a mechanism to permit
lowered parking ratios that would pay into facilities that absorb some of the parking demand
generated by a development. The parking fee discussion is tentatively scheduled for Council
Finance Committee on October 21, 2013 and Council Work Session on November 26, 2013.
August 20, 2013
FINANCIAL /ECONOMIC IMPACTS
The TOD Overlay Zone has not had minimum parking requirements since 2006. The removal of
minimum parking requirements was implemented, in part, to incentivize infill and redevelopment
in challenging locations and conditions. This incentive may be reduced with.this proposal to
require minimum parking. Additional analysis of financial and economic impacts is expected
with the forthcoming parking plan study.
BOARD / COMMISSION RECOMMENDA TION
Planning and Zoning Board
Recommendation #l:
At the August 8, 2013 Planning and Zoning Board Hearing, the Board voted 4 — 2 to recommend
approval of an ordinance requiring a minimum ratio.of 60%— 70%parking spaces to bedrooms
for multi family housing in the TOD Overlay Zone. The Board was divided oil whether 60% or
70% was an appropriate minimum ratio, thus the recommendation of a range with a final ratio
to be decided by City Council. During deliberation two board members felt both ratios were too
high and other members felt it was too low. However, the Board did recommend approval of the
alternative compliance element and the one year sunset clause in the ordinance.
Recommendation #2:
Additionally, the Board recommended funding for a comprehensive study/plan and public
outreach for overall parking issues affecting the TOD Overlay Zone to be completed within the
next year before the ordinance expires. It recommended that a high priority be placed on this
study/plan worthy of "emergency funding" that would develop necessary tools to address
parking issues and also restate the benefits of transit -oriented development.
Discussion:
The Board debated various perspectives expressing concern about neighborhood character and
upholding the vision for transit -oriented development and infill in City Plan. Some
Boardmembers felt that the lack of parking minimums may work in communities that already
have fully operational public transit systems, but the MAX has not yet started operating so Fort
Collins still needs parking minimums. They also felt that people will still have vehicles
regardless of whether they will use them on a daily basis and therefore there will still be a need
for auto storage.
Other Boardmembers felt that the role of the Board is to implement City Plan which calls for a
compact, transit -oriented community core, and that implementation of a 70% parking ratio is
moving in the opposite direction from this vision. And, if this is the direction we are going to go,
it should be a comprehensive plan conversation. The Board further discussed how to get
developers to start thinking creatively to solve parking problems that does not involve excessive
spillover or expansive surface parking.
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The Board agreed that the city is in a time of growth in which urban growth is struggling with
neighborhood character. And, it is challenging to know which comes first: higher density or the
high frequency transit system to serve it. Because conversely, the high frequency transit system
needs the high density residential to be successful. Thus, the Board agreed that a comprehensive
study of parking issues and tools needs to be prioritized in order to protect neighborhoods and
realize the city's vision for the future.
Parking Advisory Board
The Parking Advisory Board has been established, but its members will be appointed on August
20, 2013, and therefore, has not had an opportunity to review the proposal. "
Seth Lorson, City Planner, stated the TOD was developed in 2006 and removed the minimum
requirement for parking in mixed -use and multi -family developments. The goal of the District
was to incentivize infill and redevelopment in challenging sites, implement the City Plan vision
for the growth management area, and illustrate commitment to the MAX/BRT project. He
discussed the reasons for moving forward with changes to the minimum parking requirements in
the TOD and stated staff examined eleven projects within the zone in order to determine a
recommendation. Lorson stated the Planning and Zoning Board ultimately recommended a
minimum parking to bedroom ratio of 60-70% with an alternative compliance option to sunset in
one year. The Board also recommended, within that year, a comprehensive parking plan within
the TOD overlay zone be completed.
Clint Skutchan, 719 Great Plains Court, expressed concern the Transportation Board has not
been able to weigh in on the issue and questioned the need to pass the item this evening.
Eric Sutherland, 3520 Golden Currant, stated certain transit functions must exist in order for
transit oriented development to occur.
Paul Patterson, 2936 Eindborough, encouraged Council to adopt the 70% parking requirement.
Councilmember Cunniff asked if most comparable cities in Colorado are within the RTD district.
Lorson replied in the affirmative.
Councilmember Troxell asked what would occur following the one-year sunset. Laurie Kadrich,
Community Development and Neighborhood Services Director, replied the idea is to have this
stop -gap percentage in place as projects are reviewed during the next year in order to have time
to complete a more comprehensive study.
Councilmember Troxell asked if a more holistic approach will be part of the year. Kadrich
replied the intent of the study is to look at the comprehensive view of what is need in the TOD
related to parking for multi -family or other types of developments.
Councilmember Troxell asked why the Transportation Board did not give input regarding this
item. Kadrich replied the main participant has been the Planning and Zoning Board, but noted
Transportation Planning staff have been involved. She stated staff could take the
recommendation to the Transportation Board at Council's request.
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August 20, 2013
Mayor Weitkunat asked if any projects are in planning stages which may fit into this category.
Lorson replied five multi -family projects have gone through conceptual review.
Mayor Weitkunat commended the expeditious process resulting in this item.
Councilmember Campana discussed parking ratio standards.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 121, 2013, on First Reading, with the inclusion of 60% in 2.2.2(K)(1)(a) of the Land Use
Code.
Councilmember Campana stated he would like to see the same tables and data that already exist
for other parking requirements prior to Second Reading.
The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Overbeck, Campana, Horak,
Weitkunat and Troxell. Nays: none.
THE MOTION CARRIED.
Items Relating to Advisory Opinion and Recommendation
Nos. 2013-02 and 2013-03 of the Ethics Review Board, Resolution 2013-075 Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to submit two opinions of the Ethics Review Board to Council for its
consideration and possible approval.
BACKGROUNDIDISCUSSION
Under City Code Section 2-569, City Councilmembers may present to the Council Ethics Review
Board inquiries regarding the application of state or local ethical rules to actual or hypothetical
situations involving potential conflicts of interest. The Ethics Review Board met on July 23,
2013, to consider two questions, one of which had been submitted by Councilmember Wade
Troxell, and the other by an alternate Review Board that had met late last year. Councilmember
Troxell's question was whether he would have a conflict of interest in participating in any
decisions of the City Council related to a proposed development project of the Front Range
Community College. This issue arises because of the proximity of the Troxell residence to the site
of the Front Range Community College project. After receiving input on this question, the
majority of the Board concluded that Councilmember Troxell would not have a conflict of
interest.
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August 20, 2013
The question submitted by the alternate Review Board was whether members of City boards and
commissions who own property within the notice zone of a proposed land use project should
utilize the same guidelines as Councilmembers in deciding, on a case -by -case basis, whether to
recuse themselves from participating in quasijudicial decisions related to such projects, or
whether they should instead routinely recuse themselves from those decisions unless an opinion
is rendered by the Board that they need not do so. The Board recommended the latter course of
action.
Section 2-569(e) states that opinions and recommendations of the Board are to be submitted to
the.full Council so that the Council may determine whether to adopt the same. "
Councilmember Troxell withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Resolution 2013-074.
Councilmember Poppaw stated she disagreed with the majority opinion of the Ethics Review
Board as this is a similar situation to Mayor Weitkunat's situation regarding the Foothills Mall.
She noted a statement has been made that property values could be negatively affected with
additional Front Range Community College development.
Councilmember Campana stated the effect of the property value that Front Range Community
College has on adjacent properties has likely already occurred and there would be no additional
impact with new development. He noted Councilmember Troxell's home is a couple blocks
from the area in question.
Councilmember Poppaw clarified one appraiser stated it would be difficult to measure an impact,
one appraiser stated the College has done a good job of designing its buildings to be compatible
with adjacent neighborhoods, and one appraiser thought additional development would have a
negative impact on home values.
Mayor Weitkunat stated she does not believe the development would have an impact on the
Troxell property.
Councilmember Cunniff stated the proposed use of -the property and negative view of the
proposed development indicates there is significant interest and a potential belief that property
values will be negatively affected.
The vote on the motion was as follows: Yeas: Campana, Horak and Weitkunat. Nays: Cunniff,
Overbeck and Poppaw.
THE MOTION FAILED TO PASS.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to adopt
Resolution 2013-075.
City Attorney Roy clarified the intent of this Resolution.
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August 20, 2013
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Cunniff and Campaua.
Nays: Overbeck:
THE MOTION CARRIED.
Adlournment
The meeting adjourned at 10:16 p.m.
ATTEST:
CityClerk
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