HomeMy WebLinkAboutMINUTES-01/21/2014-RegularIt
January 21, 2014
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, January 21,
2014, 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, Conniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry recommended moving Consent Calendar Item No. 9, First Reading of
Ordinance No. 014, 2014, Waiving Certain Fees.for Fort Collins Housing Authority's Redtail
Ponds Permanent Supportive Housing Project and Appropriating General Fund Reserves to Pay
Specified Fees, to the Discussion Agenda.
Citizen Participation
Eric Sutherland, 3520 Golden Currant, opposed the economic development policies of the City,
citing the closure of the North College Albertson's. He opposed the financial incentive package
for the mall as well, stating it was illegal.
John Anderson, Fort Collins resident, opposed what he called the City's "corporate welfare." He
questioned the possibility of fraudulent pro-fracking petitions and opposed the new paint
schemes for the City's police vehicles.
Cheryl Distaso, Fort Collins Community Action Network, thanked Chief Hutto for responding to
her questions regarding Police body -worn cameras and expressed concern regarding the standard
operating procedures for the cameras.
Marge Griffin, 3245 Honeysuckle Court, opposed the Boxelder Stormwater Authority's attempts
to take her land via condemnation.
Mel Hilgenberg, 172 North College, announced community events and stated Jack Daniels is
recovering from surgery.and sent his message of support for the City. He thanked the City for
replacing the recycling container at Walnut and College and encouraged affordable Dial -a -Ride
services. Additionally, he opposed the proposed on -campus stadium and encouraged Council to
adopt an emergency sales tax to generate property tax repayment for taxes taken by TIF since
1988.
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Citizen Participation Follow-up
Councilmember Poppaw requested staff input regarding the falsified pro-fracking petitions. City
Clerk Nelson stated she would send the service area request to the citizen and would provide
information at the next meeting.
Mayor Pro Tern Horak stated the issue was investigated and there was not enough proof to move
forward with prosecution.
Councilmember Cunniff thanked Ms. Distaso for her comments and reminded citizens of the
January 301h community forum regarding Police body -worn cameras.
CONSENT CALENDAR
1. Second Reading of Ordinance No. 001, 2014, Appropriating Unanticipated Grant Revenue
in the General Fund for the Gardens on Spring Creek.
This Ordinance, unanimously adopted on First Reading on January 7, 2014, appropriates
$76,000 in grant funding received by the Gardens on Spring Creek.
2. Second Reading of Ordinance No. 002, 2014, Appropriating Unanticipated Revenue for the
Senior Center Expansion Project and Transferring Appropriations to the Cultural Services
and Facilities Fund for the Art in Public Places Program.
Ordinance No. 002, 2014, unanimously adopted on First Reading on January 7, 2014,
appropriates $400,000 to the Senior Center Expansion Project. The additional funding is
money raised by the Senior Center Expansion Committee. These funds will be used to
provide improvements to the expansion project for items requested by facility staff and
users, including completion of the Multi -purpose room as an education center.
3. Second Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the Cites
Relating to General Penalties.
This Ordinance, .unanimously adopted on First Reading on January 7, 2014, adjusts the
maximum fines Municipal Court may impose so they are consistent with state law. The
Ordinance has been revised on Second Reading to reflect the fact that, while the City Code
specifies the maximum monetary penalty that the Municipal Judge may currently impose, it
does not require that such amount be consistent with state law.
4. Postponement of Items Relating to the Kechter Farm Annexation and Zoning to February
18, 2014.
Staff requests that the Kechter Farm Annexation and Zoning Ordinances (Ordinance Nos.
005 and 006, 2014) be postponed until February 18, 2014. The final plat approval is
scheduled before the Board of County Commissioners on February 11. Under the
Intergovernmental Agreement (IGA) with Larimer County, the City has agreed to not annex
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January 21, 2014
lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the
County. Postponing this item until the February 18 meeting will comply with that IGA.
Approval of this item will postpone the matter until that date.
5. Postponement of Second Reading of Ordinance No. 007, 2014, Authorizing the Lease of a
Portion of City -Owned Property at 225 Maple Street to Feeding Our Community Ourselves,
Inc. For Up to Five Years to March 18, 2014.
Staff is requesting that Second Reading of this Ordinance be postponed to March 18,
2014. Due to the neighborhood concerns expressed on First Reading of this item on January
7, staff is planning two public meetings with the neighborhood. The outcome of these
meetings will be included in the Council presentation at the March 18 Council meeting.
6. First Reading of Ordinance No. 010, 2014, Appropriating Unanticipated Revenue in the
General Fund for the Exterior Preservation and Reconstruction of the Avery Buildingat t the
Intersection of College and Mountain Avenues.
The purpose of this item is to appropriate unanticipated revenues in the amount of $19,839,
received in excess of previously appropriated funds, for the Avery Building Restoration
project.
7. First Reading of Ordinance No. 011, 2014, Appropriating Unanticipated Grant Revenue in
the General Fund for the Fort Collins Police Services Victim Services Unit.
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services
for victim advocacy services under the Colorado Victim Rights Amendment for victims of
crime and their family. members. The Fort Collins Police Services Victim Services Unit has
been awarded a 12-month grant in the amount of $32,000 for the period from January 1,
2014 to December 31, 2014, by the Eighth Judicial District Victim Assistance and Law
Enforcement (V.A.L.E.) Board to help fund services provided by this team. These funds will
be used for part of the salary for the victim advocate who provides crisis intervention
services during weekday hours and is housed in the Victim Services office. These funds will
also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a
week services to victims of crime in the community.
8. Items Relating to Bobcat Ridge Natural Area.
A. First Reading of Ordinance No. 012, 2014, Authorizing the City Manager to Enter into a
Grant Contract with History Colorado, the Colorado Historical Society for Funds to
Restore Two Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the
Natural Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural
Area.
The purpose of this item is to approve a Grant Contract with History Colorado and
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January 21, 2014
Appropriate .Unanticipated Revenue in the Natural Areas Fund for historic building
restoration. The State of Colorado awarded the City a grant of $141,877 from the State
Historical Fund to fund 71% of the estimated cost of $199,827 to restore two historic
structures at Bobcat Ridge Natural Area: the Poultry Shed and the Equipment Shed. This is
the second grant awarded by the State for historic preservation at Bobcat Ridge. The first
grant was for the restoration of a pioneer barn and log chicken shed, which have been fully
restored. To accept this grant and proceed with the project, the City must enter into a
contract with History Colorado, a 501(c)(3) operated by the Colorado Department of Higher
Education. The contract requires a twenty-year covenant on the property surrounding the
poultry and equipment sheds, which states that the City will maintain the buildings, once
restored, for twenty years and will not alter anything on the property without express written
permission of History Colorado.
The City also received a $43,000 grant from the Pulliam Charitable Trust to provide most of
the 29% in funds necessary to match the State funding. Natural Areas fund monies will be
used to fund the remaining $14,950 necessary for the project.
9. First Reading of Ordinance No. 014, 2014, Waiving Certain Fees for Fort Collins Housing
Authority's Redtail Ponds Permanent Supportive Housing Project and Appropriating
General Fund Reserves to Pay Specified Fees.
The purpose of this item is to ask City Council to determine whether certain development
and capital improvement expansion fee waivers will be provided to the Fort Collins Housing
Authority (FCHA) for the Redtail Ponds permanent supportive housing project. In March
2013, City Council limited the types of projects for which the FCHA could request fee
waivers and made these waivers discretionary. Eligible projects are those constructed for
homeless or disabled persons, or for persons whose income falls at or below 30% of the
adjusted median income of all City residents. FCHA is requesting fee waivers in the amount
of $274,199 for this housing project. This is a permissible type of project for a fee waiver
request.
10. First Reading of Ordinance No. 015, 2014, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Land Necessary for the Construction of the West Vine Basin Outfall
Project.
The purpose of this item is to receive authority for eminent domain to acquire property
interests for the West Vine Basin Outfall project. In assembling property interests for the
West Vine Basin Outfall Project, the City has encountered two properties with complicated
lending situations. Due to the degree of complication and the properties' keystone
importance, staff proposes the Use of eminent domain as the most cost effective and efficient
approach to complete the City's desired acquisition of 12.841 acres if all the necessary
lender consents cannot be obtained in a timely way. The City has been working with the
landowners and they are agreeable to this approach.
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January 21, 2014
11. First Reading of Ordinance No. 016, 2014, Authorizing the Conveyance of a Temporary
Construction Easement and Right -of -Way on Long View Farm Open Space to the Colorado
Department of Transportation.
The purpose of this item is to convey a right-of-way and temporary construction easement to
the Colorado Department of Transportation. The Colorado Department of Transportation
(CDOT) has requested to acquire in fee approximately 0.07 acres of right-of-way along with
a temporary construction easement on Long View Farm Open Space, as part of the Hwy
392/US 287 Intersection project. The easement and right-of-way acquisition is needed to
replace an existing stormwater pipe with a large box culvert. The project will impact a small
section of a low value wetland on the property that will be mitigated through the Natural
Areas wetland mitigation fund.
12. Resolution 2014-006 Renaming Rolland Moore Drive to Botanical Lane
The purpose of this item is to rename the old Rolland Moore Drive to Botanical Lane. In
2012, Rolland Moore Drive was realigned to the south, resulting in the existing Rolland
Moore Drive stub needing to be renamed. The old Rolland Moore Drive was reclassified as
a local street on the Master Street Plan.
13. Resolution 2014-007 Approving Expenditures from the Cultural Services and Facilities
Fund to Commission an Artist to Create Art for the Nix Farm Office Building Protect.
The purpose of this item is it to approve expenditures from the Cultural Services and
Facilities Fund to commission an artist to create art for the Art in Public Places Nix Farm
Office Building Project. The expenditures of $11,900 will be for design, materials,
fabrication, installation and contingency for the artist to paint a mural for the entry vestibule
of this new building.
14. Resolution 2014-008 Approving Expenditures from the Cultural Services and Facilities
Fund to Commission an Artist to Create Art for -the Senior Center Expansion Project.
The purpose of this item is it to approve expenditures from the Cultural Services and
Facilities Fund to commission an artist to create art for the Art in Public Places Senior
Center Expansion Project. The expenditures of $53,068 will be for design, materials,
fabrication, installation and contingency for an artist designed functional seating element
and gate to be located in the main lobby of the Senior Center.
15. Resolution 2014-009 Making Appointments to Various Boards and Commissions.
The purpose of this item is to appoint individuals to fill vacancies that currently exist on
various boards and commissions due to resignations and expiration of terms. Interviews
occurred during December 2013 and January 2014. This Resolution appoints individuals to
fill current vacancies and expired terms. This Resolution does not fill all vacancies.
Vacancies will be re -advertised as needed.
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January 21, 2014
***END CONSENT***
Councilmember Campana withdrew Item Nos. 10 and 15, First Reading of Ordinance No. 015,
2014, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary
for the Construction of the West Vine Basin Outfall Project, and Resolution 2014-009 Making
Appointments to Various Boards and Commissions from the Consent Calendar in order to allow
himself the ability to recuse himself from voting.
Councilmember Conniff withdrew Item No. 8, Items Relating to Bobcat Ridge Natural Area,
from the Consent Calendar.
Eric Sutherland, 3520 Golden Currant, withdrew Item No. 3, Second Reading of Ordinance No.
003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties, from the
Consent Calendar.
Cheryl Distaso, Fort Collins Community Action Network, withdrew Item No. 5, Postponement
of Second Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City -
Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five
Years to March 18, 2014, from the Consent Calendar.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, 'to adopt and
approve all items not withdrawn from the Consent Calendar. Yeas: Cunniff, Horak, Weitkunat,
Overbeck, Poppaw, Troxell and Campana. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Troxell discussed Item No. 12, Resolution 2014-006 Renaming Rolland Moore
Drive to Botanical Lane, and stated this opportunity should have been utilized to select a more
impactful street name.
Staff Reports
Jon Haukaas, Water Engineering Field Operations Manager, provided an update regarding the
Waste Innovation Fund and reviewed the City's project regarding diversion of dirt from the
landfill.
Councilmember Cunniff commended staff work and the project.
Mayor Weitkunat commended the project.
City Attorney Roy acknowledged Kraig Ecton's service in the City Attorney's Office and stated
he has been appointed to serve as a County Court Judge for the 81h Judicial District.
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January 21, 2014
Mayor Weitkunat, Mayor Pro Tem Horak, and Councilmember Troxell commended Ecton's
service to the City and congratulated him on his appointment.
Councilmember Reports
Mayor Pro Tern Horak reported the Impact 64 group has decided to wait to place a tax initiative
on the ballot for improved transit. He stated the Colorado Department of Transportation has
approved commuter bus service that will run from Union Station to Fort Collins.
Councilmember Cunniff reported on Council's Legislative Review Committee meeting.
Mayor Weitkunat reported on the Airport Steering Committee meeting and stated a visioning
process has begun regarding the future of the Airport.
Items Relating to Bobcat Ridge Natural Area, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 012, 2014, Authorizing the City Manager to Enter into a Grant
Contract with History Colorado, the Colorado Historical Society for Funds to Restore Two
Historic Structures at Bobcat Ridge Natural Area.
B. First Reading of Ordinance No. 013, 2014, Appropriating Unanticipated Revenue in the Natural
Areas Fund Project to Restore Two Historic Structures at Bobcat Ridge Natural Area.
The purpose of this item is to approve a Grant Contract with History Colorado and Appropriate
Unanticipated Revenue in the Natural Areas Fund for historic building restoration. The State of
Colorado awarded the City a grant of $141,877 from the State Historical Fund to fund 71% of
the estimated cost of $199,827 to restore two historic structures at Bobcat Ridge Natural Area:
the Poultry Shed and the Equipment Shed. This is the second grant awarded by the State for
historic preservation at Bobcat Ridge. The first grant was for the restoration of a pioneer barn
and log chicken shed, which have been fully restored. To accept this grant and proceed with the
project, the City must enter into a contract with History Colorado, a 501(c)(3) operated by the
Colorado Department of Higher Education. The contract requires a twenty-year covenant on the
property surrounding the poultry and equipment sheds, which states that the City will maintain
the buildings, once restored, for twenty years and will not alter anything on the property without
express written permission of History Colorado.
The City also received a $43,000 grant from the Pulliam Charitable Trust to provide most of the
29% in funds necessary to match the State funding. Natural Areas fund monies will be used to
fund the remaining $14,950 necessaryfor the project.
BACKGROUND /DISCUSSION
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January 21, 2014
Bobcat Ridge Natural Area is rich in cultural resources as well as natural resources. With
generous donations from the Pulliam Charitable Trust, the Natural Areas Department has
already restored a historic cabin, a calving shed, an 1888 pioneer barn, and a log chicken shed;
published a book and a booklet on the history of the Bobcat Ridge area; and hired education
staff to lead many cultural interpretation programs each year for hundreds of people of all ages.
Visitors enjoy learning about the early pioneers in the area and the farming and ranching
history on Bobcat Ridge. They enjoy seeing the historic buildings and learning about how the
early pioneers worked and lived. The Pulliam Charitable Trust funded the preparation of the
application for historic designation and also funded the preparation of this grant application
and the previous grant application. Carol Tunner, retired City Historic Preservationist, was
hired to prepare the grant applications and serve as the grant administrator.for the project.
Ethan Cozzens from the Operation Services Department will serve as the Project Manager.
Staff will submit a request for proposals in 2014 to select an architect/contractor team to
prepare plans for and restore the two historic structures, with targeted completion by the end of
2014. Staff and the contractor are required by the State Historic Fund to fully document each
phase of the restoration process. 'Before" pictures of both structures are attached (Attachment
1). Once the project is complete, staff will provide "after " pictures to Council.
FINANCIAL / ECONOMIC IMPACTS
The $141,877 grant will.fund 71% of the estimated cost of $199,827,for the project. The 29%
local cash match required by the state grant, $57,950, is being funded with a $43, 000 grant from
the Pulliam Charitable Trust and $14,950from the Natural Areas Fund.
ENVIRONMENTAL IMPACTS
There will be no environmental impacts. The structures will be restored in their current location,
requiring minimal grading around the perimeter of each structure to improve drainage away from
the structures. The limited area of vegetation disturbed by grading and by restoration efforts will be
restored immediately upon completion of the project.
BOARD / COMMISSION RECOMMENDATION
At its December 11, 2013 meeting, the Land Conservation and Stewardship Board voted
unanimously to recommend approval of the State Grant Contract.
PUBLIC OUTREACH
The preservation, restoration and interpretation of these historic structures is per the Bobcat
Ridge Natural Area Management Plan, adopted administratively in 2005 after thorough public
review. "
Councilmember Cunniff asked what policy guided the decision to allow the appropriation for the
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January 21, 2014
matching grant to come from the Natural Areas Fund. Mark Sears, Natural Areas, replied there is
no direct policy addressing historic preservation in the Natural Areas; however, the Master Plan
called for the preservation of the site's cultural resources. He noted the previous property owners
have funded the designation of these structures to the State Historic Register and have funded the
application fees for the two grants received thus far. He stated the City will be funding about
$15,000 of the $200,000 cost to preserve the structures.
Mayor Pro Tern Horak asked how much of the.Natural Area program funding comes from the
Latimer County tax. Sears replied the Larimer County tax funds approximately one-third of the
Natural Areas annual budget.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 012, 2014, on First Reading.
Councilmember Conniff stated his question stemmed from the possibility of needing policies or
plans dictating how much of the fund should go toward various expenditures. He requested
additional information prior to Second Reading.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell,
Campana and Cunniff. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 013, 2014, on First Reading. Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell, Campana
and Cunniff. Nays: none.
THE MOTION CARRIED.
Ordinance No. 015, 2014,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain Land Necessary for
the Construction of the West Vine Basin Outfall Project, Adopted on First Readinn
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to receive authority for eminent domain to acquire property interests
for the West Vine Basin Outfall project. In assembling property interests for the West Vine Basin
Outfall Project, the City has encountered two properties with complicated lending situations.
Due to the degree of complication and the properties' keystone importance, staff proposes the
use of eminent domain as the most cost effective and efficient approach to complete the City's
desired acquisition of 12.841 acres if all the necessary lender consents cannot be obtained in a
timely way. The City has been working with the landowners and they are agreeable to this
approach.
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BACKGROUND /DISCUSSION
In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of
Fort Collins. The. Master Plan included stormwater improvements for the West Vine Basin,
located in the northwest portion of the city. The existing 100 year foodplain indicates that
stormwater flows will inundate numerous properties in the basin and overtop several major
roads, including Shields Street north of Vine Drive. The Master Plan identifies a number of
proposed improvements Jo mitigate the boundary limits of the 100year foodplain. Specifically,
the Master Plan calls fora stormwater owfall channel from the Cache la Poudre River south to
Vine Drive and west to the Forney Detention Pond near North Taft Hill Road and West Vine
Drive. The Outfall Channel, as currently shown in the Master Plan, would convey the 100-year
stormwater flows along the west side of Shields Street to the river, thus eliminating the need to
build a bridge or culvert system on North Shields Street.
Real Estate Services and Utilities staff have been working for over a year with the owners of two
properties on the west side of Shields Street to acquire the necessary interests for the Outfall
Channel. Both of these properties are just outside City limits in Larimer County. Larimer County
required that the landowners and the City go through the minor land division (MLD) process to
create the smaller parcels the City needs to acquire for the Otq/all Channel. The County has
approved the MLD, but it still requires signatures from all lienholders and landowners before it
can be recorded in the public records.
The landowners have been cooperative throughout the entire process and agreed to the values
determined by appraisals obtained by the City. Staff has a fully executed purchase and sale
agreement for the needed parcels, with a closing date scheduled for January 31, 2014, but the
City cannot purchase the parcels until the MLD has been recorded. The agreement gave
possession and use to Utilities staff and their contractors for six months, ending June 18, 2014.
City staff has been working on obtaining all the necessary consents from the lienholders.
However, staff has not yet received signatures on the MLD and other needed consents from the
lienholders. Without their signatures, the City cannot close by the Januaty 31. Should the
lienholders choose not to cooperate in this complex transaction so that the City can get clear
title to the property it needs, staff would like to have the option to pursue eminent domain
proceedings, if it becomes necessary, in order to secure the necessary permanent property
interests for the project in a timely way. "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland, 3520 Golden Currant, stated the Boxelder Stormwater Authority does not have
condemnation powers.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 015, 2014, on First Reading.
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January 21, 2014
Councilmember Cunniff noted eminent domain is being considered because the financial
situation of the properties in question is significantly encumbered. Tawyna Ernst, Real Estate
Services, replied several land owners are involved and the process has been quite slow; therefore,
the City would like to have the eminent domain option in case the lenders do not agree to the
partial releases.
The vote on'the motion was as follows: Yeas: Horak, Weitkunat, Overbeck, Poppaw, Troxell and
Cunniff. Nays: none.
THE MOTION CARRIED.
Resolution 2014-009
Making Appointments to Various Boards and Commissions, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to appoint individuals to fill vacancies that currently east on various
boards and commissions due to resignations and expiration of terms. Interviews occurred during
December 2013 and January 2014. This Resolution appoints individuals to fill current vacancies
and expired terms. This Resolution does not fill all vacancies. Vacancies will be re -advertised as
needed.
BACKGROUND I DISCUSSION
A vacancy currently exists on the Commission on Disability due to term expiration for Terry
Schlicting. Councilmen Bob Overbeck and Wade Troxell interviewed applicants on file and are
recommending Leslie Efrid to fill the vacancy, her term to begin immediately and set to expire on
December 31, 2017.
One vacancy currently exists on the Land Conservation and Stewardship Board due to the
resignation of Scott Quayle. Councilmen Ross Conniff and Wade Troxell interviewed applicant
Gail Dethloff to fill this position and are recommending her appointment to begin immediately
and set to expire on December 31, 2015.
One vacancy currently exists on the Parks and Recreation Board due to term expiration for
Richard Barnhart. Councilmen Gino Campana and Ross Cunniff interviewed applicant Mary
Carlson to fill this vacancy and are recommending her appointment to begin immediately and set
to expire on December 31, 2017.
Two vacancies currently exist on the Water Board due to term expirations for Brett Bovee and
Phil Phelan. Councilmen Wade Troxell and Bob Overbeck interviewed applicants on file and are
recommending Michael Brown and 'Phyllis Ortman to fill the vacancies with terms to being
immediately and set to expire on December 31, 2017.
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January 21, 2014
One vacancy currently exists on Zoning Board of Appeals due to the resignation of Peter
Bohling. Mayor Karen Weitkunat and Councilman Bob Overbeck interviewed applicant Ralph
Shields fbr this position and are recommending his appointment to begin immediately and set to
expire on December 31, 2016. "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2014-009. Yeas: Poppaw, Troxell, Cunniff, Horak, Weitkunat and Overbeck. Nays:
none.
THE MOTION CARRIED.
Ordinance No. 014, 2014,
Waiving Certain Fees for Fort Collins Housing Authority's Redtail
Ponds Permanent Supportive Housing Project and Appropriating
General Fund Reserves to Pay Specified Fees, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to ask City Council to determine whether certain development and
capital improvement expansion fee waivers will be provided to the Fort Collins Housing
Authority (FCHA).for the Redtail Ponds permanent supportive housing project. In March 2013,
City Council limited the types of projects for which the FCHA could request fee waivers and
made these waivers discretionary. Eligible projects are those constructed for homeless or
disabled persons, or for persons whose income falls at or below 30% o% the adjusted median
income of all City residents. FCHA is requesting fee waivers in the amount of $274,199 for this
housing project. This is a permissible type of project for a fee waiver request.
BACKGROUND / DISCUSSION
Fort Collins Housing Authority (FCHA) is seeking the waiver of certain development and capital
improvement expansion fees for the Redtail Ponds permanent supportive affordable housing
project as allowed by City Code, the Land Use Code and an Intergovernmental Agreement
between the City of. Fort Collins and the Fort Collins Housing A uthority dated July 3, 2013 (see
Attachment ]for waiver request). FCHA is a partial owner of the project.
Under Colorado statutes and City of Fort Collins ordinances and resolutions dating back to
1988, projects of housing authorities are exempt from some tares and fees. For many years, the
City has waived building permit and development review fees and some capital expansion fees
for projects of the FCHA. In March 2013, City Council amended its policies on fee waivers for
affordable housing to allow for more discretion in determining the kinds of housing authority
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January 21, 2014
sponsored projects for which Ciryfees should be waived. By adopting Ordinance No. 037, 2013,
City Council limited the types of projects for which the FCHA could request fee waivers. These
are projects that are constructed for homeless or disabled persons, or for persons whose income
falls at or below 30% of the adjusted median income of. all City residents. Furthermore, these
waivers will be granted at the discretion of City Council upon a determination that the proposed
waiver will not jeopardize the financial interests of the City or the timely construction of the
capital improvements to be funded by the fees for which a waiver is sought.
Redtail Ponds is a mixed -income 60 unit development with 40 units designed as permanent
supportive housing designed to meet the needs of homeless individuals with disabilities,
homeless veterans, and other low-income individuals whose income is 30% or less of the
adjusted median income of Fort Collins residents. (The other 20 units are for residents whose
income fall between 30% and 50% Area Median Income). In 2013, 30% of Area Median Income
(AMI) for an individual is an annual income of $15,950 and 50% ofAMI is $26,550. This project
is designed to house the City's most vulnerable populations.- The project will be located at 5046
Fossil Boulevard (Attachment 2).
This project fits the definition of a project eligible for fee waivers as established in City Code,
the Land Use Code and the Intergovernmental Agreement (Attachment 3). The FCHA seeks
waivers for the fees associated with 40 of the 60 units that are reserved for these highly
vulnerable populations. .
Because 40 of the 60 units at Redtail Ponds are eligible for fee waivers, 66% of the total fees is
what FCHA is requesting be waived. The fees for this project are:
Citv Fees Subiect to Waiver Under Agreement
Fee Amount
Waiver
Paid by
FCHA
Development Review Fees
$ , , 19,847
$ 13,230
$ 6,617
Building Fees
39,579
26,383
13,196
Capital Impact Expansion Fees
350,705
233,780
116,925
Storm Drainage Dev. Review
1,209
806
403
Fees
TOTAL
$ 411,340
$ 274,199
$ 137,141
Funding for this $12.6 million project is a combination of city and state grants, Low Income
Housing Tax Credits, owner equity, and conventional financing. Current pro formal rely upon
the waivers to make this project successful.
The City has long been committed to affordable housing, and the need for financial support is
clearly demonstrated in the increase in the number of applications for local and federal funds
and the long waiting lists for available affordable housing in the city. Permanent supportive
housing is a national best practice proven to end chronic homelessness and save taxpayer
dollars on emergency related costs associated with homeless persons. Developing a permanent
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January 21, 2014
supportive housing program is a goal of the City's non-profit partner, Homeward 2020 in its 10
year plan to end homelessness. This project addresses Priority#1 in the Fort Collins Affordable
Housing Strategic Plan: to increase the inventory of affordable rental housing units, and Priority
43: to increase housing and facilities for people with special needs. The location of this project
will support Transfort's MAX Transit System and South Transit Center to supply the residents'
transportation needs.
FINANCIAL / ECONOMIC IMPACTS
For the Redtail Ponds project, the potential financial impact of a fee waiver on Cityfunds is
$274,199. If this fee waiver is granted by City Council, $233,781 will need to be covered by
General Fund resources. See Attachment 4 for details.
Revenue Waivea to be rasa by Uenerat Puna
Capital Expansion Fund $ 88,735
Street Oversizing Fund 84,452
Neighborhood Parkland Fund 60,594
General Fund Backfill Total S 233,781
The waiver of these fees will not jeopardize the financial interests of the City or the timely
construction of the capital improvements to be funded by the _fees for which a waiver is sought.
ENVIRONMENTAL IMPACTS
Affordable housing programs help provide for a healthy environment. By offering affordable
housing options to lower income people, more of Fort Collins' work force can live in the community
instead of being forced to live outside the community and commute into the cityfor work. This helps
reduce traffic congestion and, thus, improves air quality. The construction of this project will meet
the standards of the Enterprise Green Communities, which roughly equates to a Silver LEED
Certification level. The location of this project will promote the use of public transportation by the
Redtail Ponds residents.
BOARD / COMMISSION RECOMMENDATION
At its January 9, 2014, meeting, the Affordable Housing Board unanimously voted to support the
provision of waivers to this much needed affordable housing project. The public was.given an
opportunity to comment on FCHA's request at that time. See Attachment 5. "
Sue Beck-Ferkiss, Social Sustainability Department, discussed the City's affordable housing
programs and fee waiver qualifications. She detailed the proposed project and its fee waiver
request.
Councilmember Troxell stated this project has generated a great deal of discussion regarding
public process and asked what type of public outreach was completed. Jason Holland, Project
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January 21, 2014
Planner, replied there were three neighborhood meetings held regarding the project, one
sponsored by the City and two by the Housing Authority.
Councilmember Troxell stated residents on the east side of College Avenue were not notified
about the meetings and asked about a red line shown on a map from the Housing Authority.
Kristin Fritz, Fort Collins Housing Authority, replied the graphic referenced by Councilmember
Troxell represents a '% mile buffer radius around the South Transit Center which was meant to
illustrate the true transit -oriented nature of the development.
Councilmember Troxell expressed concern the notification boundary did not encompass
residential areas on the east side of College Avenue. Beck-Ferkiss replied there were multiple
rounds of outreach for this project and stated the Housing Authority initiated a voluntary public
outreach effort approximately a year prior to the City -required neighborhood meeting in August.
Julie Brewen, Fort Collins Housing Authority Executive Director, offered to provide a timeline
of the public outreach efforts for the project, beginning in November 2011.
Councilmember Troxell asked what the February 5th City approval date references. Beck-Ferkiss
replied the Development Review process includes a Final Development Plan process, which does
not require an action by the Planning and Zoning Board or Council, and those plans are expected
to be approved February 5`h.
Councilmember Campana acknowledged the public outreach process but stated the appearance
was that the outreach primarily came after many people heard about the project via hearsay. He
suggested future projects should include proactive outreach. Fritz replied a proactive effort was
initiated; however, it could be improved. .
Councilmember Poppaw asked about the possibility of waiving utility fees for the project.
Deputy City Manager Jones discussed the policy approved by Council in March 2013 which
stated Housing Authority fee waivers could be approved for certain projects. She went on to
detail the fees which could be considered by Council for waivers.
Councilmember Poppaw suggested revisiting the package of fees available for waivers.
Councilmember Conniff asked who owns the property other than the Housing Authority. Beck-
Ferkiss replied this is a tax credit property involving several limited liability corporations;
however, the sole manager of all of them is the Fort Collins Housing.Authority.
Councilmember Poppaw stated the Housing Authority Board learned the importance of going .
above and beyond public outreach requirements.
Mayor Weitkunat discussed the importance of affordable housing in the community and noted'
this project has brought awareness to the community.
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January 21, 2014
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 014, 2014, on First Reading.
Mayor Pro Tern Horak noted affordable housing projects need to be located throughout the city
and near transit.
Tatiana Martin, Affordable Housing Board Vice -Chair, supported the item and stated the project
meets an identified need.
Councilmember Troxell expressed support for the project and stated his concern was related to
process issues.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Cunniff,
Overbeck and Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 017, 2014,
Amending Chapter 26, Section 26-712, of the City Code
Relating to Utility Manual Meter Reading Charges, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to revise the language used in the City Code concerning monthly
billing charges for a site visit to obtain metering data for water and/or electric service
consumption. The data is used for monthly billing of utility services. The existing
descriptor in the table of utility bill and account charges in Section 26-712 of City Code
mistakenly references mechanical electric meters which have not been purchased by Light
& Power since 2009. The use of this descriptor has created unnecessary confusion about
the intent of this provision. The recommended change is to provide greater clarity.
BACKGROUND /DISCUSSION
The City Code provides for the optional use of metering equipment without remote
communications capability for recording water and electric services consumption. When
such "non -advanced " metering is used, a site visit is required to read water and/or
electric meters to obtain the use data used for service billing. A monthly fee for manual
meter reading was established by Ordinance No. 161, 2011. The amount of the charge is not
changed by this Ordinance. The fee is intended to recover the cost of manual meter readings for
customers who choose to have a meter that does not transmit use date and therefore must be
read manually. The manual meter reading charge is $11.00 per month for electric and/or water
service. The fee is calculated to cover the cost of labor and equipment required to make a
manual read of the meter(s) each month. All customers are eligible and encouraged to
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January 21, 2014
participate in the Advanced Meter Fort Collins program and accept updated metering
equipment that transmits data. Those customers with an "advanced meter" will not require a
manual reading and will not incur this fee. The fee is not intended to be a penalty for selecting a
manually read meter; it is an equitable means to recover the costs to read the non -advanced
meters.
The current descriptor in the table at Section 26-712 that details utility fees mistakenly
references a mechanical electric meter. Light & Power has been installing electronic
meters since the early 1990s and has been phasing out electro-mechanical meters for some
time. Light & Power has not used electro-mechanical meters as an equipment standard
since 2009. The ordinance states the intention of the Code provision more clearly. The
revision changes the description in the table to clearly communicate that the charge is for
the site visit required to read water and/or electric metering to obtain use data that will be
used for monthly service billing, and is not intended to create an entitlement on the part of
the utility customer to request or retain a mechanical meter. "
Dennis Sumner, Senior Electrical Engineer, stated this item amends Code language referencing
required site visits for customers opting out of Smart Meter service. He stated there is no
fundamental change regarding fees or meaning; this item simply clarifies confusing language.
Eric Sutherland, 3520 Golden Currant, opposed the site visit charge as being punitive. He
suggested the community should determine how to reduce peak demand.
Councilmember Cunniff stated the language was incorrect rather than confusing and suggested
reviewing the wording in other Ordinances.
Councilmember Troxell agreed this is a clarification item.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 017, 2014, on First Reading. Yeas: Campana, Cunniff, Horak, Weitkunat, Overbeck,
Poppaw and Troxell. Nays: none. '
THE MOTION CARRIED.
Items Relating to the Adoption of the 2012 International Codes, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 018, 2014, Amending Chapter S, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Building Code (IBC) and
Adopting the 2012 International Building Code, with Amendments.
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January 21, 2014
B. First Reading of Ordinance No. 019, 2014, Amending Chapter 5, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Energy Conservation Code
(IECC) and Adopting the 2012 International Energy Conservation Code, with Amendments.
C. First Reading of Ordinance No. 020, 2014, Amending Chapter 5, Article II, Division 2, of the
City Code for the Purpose of Repealing the 2009 International Residential Code (IRC) and
Adopting the 2012 International Residential Code, with Amendments. .
D. First Reading of Ordinance No. 021, 2014, Amending Chapter 5, Article IV of the City Code
for the Purpose of Repealing the 2009 International Mechanical Code (IMC), and adopting
the 2012 International Mechanical Code, with Amendments.
E. First Reading of Ordinance No. 022, 2014, Amending Chapter 5, Article IV of the City Code
for the Purpose Repealing the •2009International Fuel Gas Code (IFGC), and Adopting the
2012 International Fuel Gas Code, with Amendments.
The purpose of this item is to recommend adoption the 2012 International Codes (I -Codes). The
2012 I -Codes represent the most up=to-date construction standards establishing minimum
requirements to safeguard the public health, safety, and general welfare from hazards attributed
to the built environment within the City of Fort Collins.
STAFF RECOMMENDATION
Staff recommends adoption of the. 2012 1-Codes and the associated local amendments. Key
recommendations include:
Proposing to amend the International Building Code (IBC) to require that new Group R-
2 (multi family buildings) be provided with the enhanced fire -suppressions (fire -
sprinkler) system, NFPA 13, which would provide sprinkler head protection in attic
spaces not currently required to be protected. This amendment is proposed to become
effective July 1 2014, providing sufficient time for designers and developers to make the
appropriate changes to construction documents. Please see local amendment to the IBC
Section 903.3.1.2.
Proposing to amend the IBC and International Residential Code (IRC) by disallowing the
use of vinyl and polypropylene siding materials on new buildings. Vinyl siding products
have been found to be contributors of flame spread in recent local fires causing extensive
damage and property loss. Vinyl siding products tend to warp and crack over time when
exposed to sunlight, especially at higher altitudes. Vinyl siding products are mostly used
on low income multi family housing projects and have not been used on single-family
products for at least the past decade. Please see local amendments to the IBC Sections
1404.9 and 1404.12 and local amendments to the IRC Sections R703.11 and R703.11.3.
3. Proposing to amend the IBC and IRC to improve the Construction Waste Management
Plan (CWMP), currently required for new buildings only, to require recycling _ of
construction waste such as wood, concrete and masonry, metals, and cardboard during
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January 21, 2014
remodels and additions over 2500 square feet. Also, proposing that supporting
documentation that verifies compliance with the CWMP would be required before the
Certificate of Occupancy can be issued. Please see local amendment to the IBC Section
3602.1 and local amendment to the IRC Section R324.1.
4. Proposing to amend the IBC and IRC to require a demolition/recycling plan for all
buildings being demolished. The amendment would require the removal of all hazards
such as asbestos and lead paint, removal and recycling of all reusable components such
as cabinets, doors, windows, and fixtures. All remaining wood, concrete and masonry,
metals, and cardboard is to be recycled in accordance with a Construction IWaste
Management Plan. Please see local amendment to the IBC Section 3602.1.1 and local
amendment to the IRC Section R324.1.1.
5. Proposing to amend the IRC to require fire -sprinkler systems in new duplex and new
townhome projects. This proposal is to become effective July 12014. Please see local
amendment to the IRC Sections R313. I and R313.2.
6. Proposing to amend the International Energy Conservation Code (IECC) to require an
air -tightness test in multi -family buildings that verifies that the air leakage between
dwelling units, across the common wall, meets Leadership in Energy and Environmental
Design (LEED).for Homes Multi -Family criteria of not more than .30 CFM/cubic feetlof
surface area. This criteria is equivalent to the air 'tightness requirements currently in
place for detached single family homes. Recognizing that designers will need time to
incorporate construction details to meet this amendment, staffsuggests that this proposal
become effective July 1, 2014. Please see local amendment to the IECC Section R402.4.1.
BACKGROUND /DISCUSSION
The International Codes and standards are reviewed and voted on by construction industry
professionals from across the country and published every three years under the oversight of the
International Code Council (ICC). The latest publications brought forth by the ICC are the
proposed 2012 International Codes intended to replace the current City -adopted 2009
International Codes.
Since 1924, the City of Fort Collins has periodically reviewed, amended, and adopted the latest
nationally recognized building standards available for the times. The City has updated the
minimum construction standards thirteen (13) times since,1924.
Locally, the rational for staff to recommend items #1 and #2 above are the result of recent highly
damaging fires at the Buffalo Run and Bull Run apartment complexes. Both complexes were
provided with the lower standard NFPA 13R fire -sprinkler system which does not require fire -
sprinkler heads in the attic. Both projects were constructed with the required fire barriers in the
attic space and these fire -barriers failed to contain the fire spread. Both fires started on the
exterior enflaming the vinyl siding products allowing the flames to travel fairly rapidly up the
exterior wall surface and into the unprotected wood constructed attic spaces. The construction
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January 21, 2014
details incorporated and the siding products used were in compliance with the codes at the time
of construction but were proved to be ineffective at retarding a fire which destroyed a dozen
apartments before the fire -department arrived and extinguished these blazes. These two fire
events caused damage estimated at $400,000 and $500,000 respectively, displacing a dozen low
income.families from their homes and destroying all contents and personal belongings. Over the
past decade or more, veryfew multi family projects were designed with vinyl siding and no
single-family detached projects have used vinyl siding products.
Staff's recommendation of item- #5 above is based on the understanding that duplex and
townhome projects more closely resemble the multi -family projects (which are required to have
fire -sprinklers) in that, one occupant or owner has no control over the actions or accidents of a
neighbor just a wall thickness away. Requiring fire -sprinkler systems in new single-family
detached dwellings is not being. recommended with this code adoption cycle.
FINANCIAL /ECONOMIC IMPACTS
The proposed Codes and local amendments will have an economic impact on construction cost
of multi family and attached dwelling units of duplex and townhome projects.
Effective July 1, 2014, requiring new multi family buildings to be protected with the National
Fire Protection Association's NFPA 13.fire-sprinkler system is anticipated to increase the cost
of the fire -suppressions system by 35% over the currently allowed NFPA 13R. This calculates to
approximately $750 increase per dwelling unit of a multi family building.
Effective July 1, 2014, requiring new duplexes and new townhomes to be.provided with afire -
sprinkler system in accordance with the IRC Section P2904 is anticipated to increase
construction cost by approximately $1.50 per square foot floor area. IRC's P2904 fire -sprinkler
system is the most cost effective system available with current technology. The system is a
combination potable-water/Tre-sprinkler system and is installed by a licensed plumber as an
extension of the building's water plumbing system. The P2904 is not anticipated to cause leaks
any more often than cut -rent water piping systems installed in buildings and is subject to the
same freeze protections required of water piping systems in general.
Eliminating the use of vinyl siding products on new buildings is anticipated to increase the cost
of siding materials by approximately $0.41 per square foot of siding. Labor cost to install siding
is the same regardless of the materials used. This calculates to approximately $245.00 increase
per dwelling unit, but only on projects that propose the use of vinyl siding. Over the past 12
years or more, very .few multi family projects and no single-family projects have started
construction proposing the use vinyl siding products. See Attachment 2 for a breakdown of these
cost estimates.
ENVIRONMENTAL IMPACTS
Improvements being proposed to the Construction Waste Management Plan (CWMP), for new
buildings as well as remodeled buildings, will divert additional construction waste from the
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January 21, 2014
landfill. Buildings to be demolished will, for the first time in Fort Collins, be required to first
remove hazards such as lead paint and asbestos, then remove and recycle any salvageable
materials, while complying with the adopted CWMP for all remaining materials such as wood,
concrete and masonry, metals, and cardboards.
Installing fire -suppression systems in new duplexes and new townhomes is considered by many
construction industry organizations as "green building". Several studies have been completed
that tout the environmental benefits of suppressing a building fire with sprinkler systems as
opposed to relying on fire departments to extinguish an event. The philosophy of extinguishing a
fire through the use of fire -sprinkler systems, versus containing a fire through fire -rated
construction has been a key point for the code writers, the International Code Council, since the
inception of the 1-Codes in 2000. Please see Attachment 3 Residential Sprinkler Reports for the
various studies conducted.
Multi family air testing of individual dwelling units, constructed after July 1, 2014, will need to
show air tightness similar to new single family detached homes. It is anticipated that assuring
the air tightness of individual dwelling units will significantly improve indoor air quality by
reducing air pollutants and odors fi-om transferring between dwelling units across common
walls or floor ceiling systems.
BOARD / COMMISSION RECOMMENDATIONS
Over the past several months, the proposed 2012 I -Codes and local amendments were
introduced to numerous City boards and commissions. While there is wide support for the
adoption of the 2012 I -Codes including the proposed fire -sprinkler changes to multi family
buildings and requiring fire -sprinklers in attached dwellings such as duplex and townhomes,
there is concern over the construction cost increases in general. There is little to no support for
requiring fire -sprinklers in new detached single-family homes. See Attachment 4 for the list of
presentations and dates, including a brief summary of each along with minutes or actions where
provided.
PUBLIC OUTREACH
In August 2012, a committee was convened for the purpose of reviewing and, recommending the
adoption of the proposed 2012 I -Codes and accompanying local amendments. The stakeholder's
Code Review Committee represented a wide spectrum of volunteers from across the local
construction industry including private developers, builders, architects, engineers, building
officials fi-om neighboring jurisdictions and representatives from the Building Review Board and
the Poudre Fire Authority. See Attachment 5 for a list of the members of the Code Review
Committee.
On October 2, 2013 and November 13, 2013, the Code Review Committee met and committee
members voted in support of the 2012 I -Codes and accompanying local amendments as
proposed, including the six "key recommendations" discussed above. See.Attachments 6 and 7
for an abbreviated list of proposed amendments to the IBC and the IRC.
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January 21, 2014
Code Review Committee Conclusions:
The Committee felt that generally, there are no significant changes in the 2012 IBC that the
members considered to be controversial or overly expensive to new construction. The proposed
requirements that new multi family buildings provide fire -sprinklers in the attic and the
elimination of vinyl siding products on. new buildings were supported and considered important
discussion items. The remaining IBC and amendments were supported for adoption.
The 2012 IRC requires that all new buildings constructed under the IRC single-family detached,
duplex, and townhomes, be provided with afire -sprinkler system. A majority of the members
voted for support for the fire -sprinkler requirement in new duplexes and new townhomes, and
support an effective date of July 1, 2014. The committee members do not support requiring frre-
sprinkler systems in new single-family detached projects. The remaining 2012 IRC and
amendments were supported for adoption. The proposed codes were introduced to the local
Board of Realtors on two separate occasions and the Northern Colorado Nome Builders
Association. "
Mike Gebo, Chief Building Official, stated staff proposes the adoption of five distinct building
codes: the International Building Code, International Residential Code, Mechanical Code, Fuel
Gas Code, and the Energy Code. The Residential Code is designed as a stand-alone code for
single-family, duplex, and townhome developments. The Mechanical, Fuel Gas, and Energy
Codes apply to commercial properties. Gebo outlined some of the proposed changes for each of
the Codes.
Francie Martinez, Fort Collins Board of Realtors Chair, offered general support for the adoption
of the 2012 Codes; however, she expressed concern regarding a local ban on vinyl siding,
particularly for single-family homes, and requested no additional recycling requirements be
incorporated until such time as adequate facilities are available to accept those materials.
Chris Hardy, Fort Collins Board of Realtors, offered general support for the adoption of the 2012
Codes and expressed concern regarding potential increased costs and unintended consequences
of the local amendments. He requested Council adopt the Codes without the local amendments
to ban vinyl siding for single-family housing and without additional recycling requirements until
such time as adequate facilities are available to accept those materials.
Angie Spangler, Fort Collins Board of Realtors, offered.general support for the adoption of the
2012 Codes but requested no additional recycling requirements be incorporated until such time
as adequate facilities are available to accept those materials.
Paul Hunter, Fort Collins Board of Realtors Chair -Elect, offered general support for the adoption
of the 2012 Codes but expressed concern regarding the ban on vinyl siding for single-family
homes due to affordability concerns. He also requested no additional recycling requirements be
incorporated until such time as adequate facilities are available to accept those materials.
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January 21, 2014
Tatiana Martin, Affordable Housing Board, stated the Board voted 5-1 for a recommendation on
the adoption of the 2012 International Building Code updates, with the exception that sprinkler
systems for new duplexes and single-family attached homes are not recommended due to the
increased building costs. She urged Council to not ban vinyl siding for single-family residences.
Eric Sutherland, 3520 Golden Currant, stated unless there is a market to provide a service for
recycling materials, no one will fill that niche in the economy. He supported increasing the
recycling standards.
Cindy Minatta, Fort Collins Board of Realtors, encouraged Council to focus on education versus
regulation for single-family home sprinkler systems and stated the choice of vinyl siding should
still be offered for single-family residences. She opposed increasing recycling standards until
such time as adequate facilities are available to.accept those materials.
Clint Skutchan, Fort Collins Board of Realtors CEO, thanked City staff for time spent with the
Board and expressed concern regarding increased costs associated with the proposed changes.
Mayor Weitkunat asked if vinyl siding is suggested to be banned for single-family units as well
as multi -family units. Gebo replied vinyl siding has not been used in new single-family detached
projects for the last ten years due to the local requirements that a cementuous siding material be
used within five feet of a property line.
Mayor Weitkunat asked if vinyl siding would be allowed on remodel projects. Gebo replied
there is nothing in the Code regarding vinyl siding currently; the proposal is to eliminate vinyl
siding only on new buildings.
Mayor Weitkunat asked if the integrated recycling center will be used for construction items.
City Manager Atteberry replied that is the ultimate plan; however, that may not happen in the
first phase. Gebo replied the proposal to expand the construction waste recycling requirements
into remodels and additions is requiring the recycling of the same four components that are
currently recycled in new buildings:
Councilmember Troxell requested information about the City's future plans for recycling. Bruce
Hendee, Chief Sustainability Officer, replied the plan is to have a multiple -phase recycling
facility. The first phase of the integrated recycling facility is designed and budgeted and planned
for construction to begin later in the year.
Councilmember Troxell asked about the City's plans with regard to implementing these
requirements. Gebo replied staff has discussed identification of recycling bins and the promotion
of education for residents.
Councilmember Troxell suggested environmental sustainability staff members should be
working with builders and private sector providers prior to the implementation of the recycling
facility. Gebo replied that has occurred with staff and a CSU student has completed a survey of
recycling in construction projects.
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January 21, 2014
Councilmember Troxell asked about potential cost reductions during this transition period.
Councilmember Campana asked how this change regarding recycling for additions and remodels
differs from the existing regulations. Gebo replied there are no changes other than the recycling
standards being applicable to remodels.
Councilmember Campana agreed with Gebo's statement regarding the use of vinyl siding on
single-family homes.
Councilmember Troxell asked about the new philosophy of extinguishing fires versus fire
containment. Gebo replied the International Code Council's philosophy changed to installing
sprinkler systems to prevent fires from expanding. Additionally, if sprinklers are not required in
duplexes or townhomes, the IRC requires the fire rating of the shared wall to be increased from a
one hour rating to a two hour rating.
Tom DeMint, Poudre Fire Authority Fire Chief, replied the early suppression provided by
residential sprinklers aids in life safety, keeps fires smaller, and aids in property conservation.
Councilmember Campana stated the new requirements for fire sprinklers have lowered in cost to
make sense from a safety perspective.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 018,2014, on First Reading.
Councilmember Troxell stated he would support the adoption of the Codes and expressed
appreciation for Councilmember Campana's input and knowledge. He commended the Board of
Realtors for its input and commended staff for work on the item.
Mayor Weitkunat stated she would support the adoption of the Codes and thanked the Board of
Realtors for its input and commitment to affordable housing in the community.
The vote on the motion was as follows: Yeas: Weitkunat, Campana, Overbeck, Conniff, Poppaw,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Conniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 019, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
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January 21, 2014
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 020, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 021, 2014, on First Reading. Yeas: Weitkunat, Campana, Overbeck, Cunniff,
Poppaw, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 022, 2014, on First Reading. ,
Mayor Pro Tern Horak commended input from the Affordable Housing Board and Board of
Realtors and commended Gebo's work on the item.
The vote on the motion was as follows: Yeas: Weitkunat, Campana, Overbeck, Cunniff, Poppaw,
Horak and Troxell. Nays: none. .
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Items Relating to the Redevelopment of the Foothills Mall, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 008, 2014, Vacating Foothills Parkway Right -of -Way
Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street.
B. Second Reading of Ordinance No. 009, 2014, Authorizing the Conveyance of a
Permanent Irrigation Ditch Easement and Right -of -Way to the Larimer County Canal
No. 2Irrigating Company Within the South College Avenue Frontage Road.
.Ordinance No. 008, 2014 vacates the right-of-way for the remaining public street portion of
Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side
of Mathews Street intersecting Foothills Parkway. Ordinance No. 009, 2014, authorizes the,
conveyance of a permanent irrigation ditch easement and right-of-way to accommodate.the
realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall
property. These Ordinances were adopted on First Reading on January 14, 2014, by a vote of 6-
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January 21, 2014
0 (Weitkunat recused). "
Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest.
Eric Sutherland, 3520 Golden Currant, discussed disputed ownership relating to Larimer County
Canal No. 2.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 008, 2014, on Second Reading.
Councilmember Conniff asked about the deconstruction of the Tres Margaritas building and
requested information regarding auditing future debris removal from the mall project.
Additionally, he asked, if photos are being taken of the existing mall in order to allow for proper
mitigation. City Manager Atteberry replied photos were being taken.
Councilmember Cunniff asked where the new mall agreement is located on the City's webpage.
Josh Birks, Economic Health Director, replied a copy of the fully executed agreement is on the
Fort Collins Urban Renewal Authority website, as well as on the Foothills Mall section of the
main fcgov.com page.
Councilmember Cunniff suggested the development of a stronger wetland mitigation policy in
the future.
i
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak and
Campana. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 009, 2014, on Second Reading.
Councilmember Cunniff requested information regarding the disputed ownership of the land
under the canal. Mayor Pro Tem Horak replied Mr. Sutherland was referring not to this specific
easement location but the canal on another property. .
City Manager Atteberry stated the signed mall agreement can be found at
fcgov.com/foothillsmall.
Mayor Pro Tern Horak suggested the wetland mitigation policy should look more at land value
than acreage.
Councilmember Troxell asked about the current backhoe activity on the site and the fact that the
project was set to begin yesterday. Rick Richter, Director of Infrastructure Services, replied
there is a provision in the Code that allows for the construction of irrigation ditches within the
right-of-way. The easement was requested by the Ditch Company.
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January 21, 2014
Councilmember Campana noted there is a clearly defined policy with regard to wetland
mitigation from the perspective of developers.
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw, Troxell, Horak and
Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 003, 2014,
Amending Section 1-15 of the City Code Relating to
General Penalties, Adopted on Second Readine
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, -unanimously adopted on First Reading on January 7, 2014, adjusts the
maximum fines Municipal. Court may impose so they are consistent with state law. The
Ordinance has been revised on Second Reading to reflect the fact that, while the City Code
specifies the maximum monetary penalty that the Municipal Judge may currently impose, it does
not require that such amount be consistent with state law. "
Eric Sutherland, 3520 Golden Currant, opposed this item based on the fact its necessity has not
been verified and its timing has not been verified as necessary. He went on to oppose
expenditure of public funds in the City.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 003, 2014, on Second Reading. Yeas: Weitkunat, Cunniff, Overbeck, Poppaw, Troxell,
Horak and Campana. Nays: none.
THE MOTION CARRIED.
Ordinance No. 007, 2014,
Authorizing the Lease of a Portion of City -Owned Property at 225 Maple Street
to Feeding Our Community Ourselves, Inc. For Up to Five Years,
Second Reading Postponed to March 18, 2014
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
Staff is requesting that Second Reading of this Ordinance be postponed to March 18, 2014. Due
to the neighborhood concerns expressed on First Reading o/ this item on January 7, staff is
planning two public meetings with the neighborhood. The outcome of these meetings will be
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January 21, 2014
included in the Council presentation at the March 18 Council meeting. "
Councilmember Cunniff stated Ms. Distaso expressed concern regarding the necessity for the
extended period of delay. Ken Maranon, Operations Services Director, replied at least fourteen
days are required for public notification and stated the first public meeting will be Wednesday,
February 5` in the Community Room and the notification boundary was extended beyond the
required 800 foot radius. Additionally, a meeting is scheduled for February 19`h at 281 North
College.
Councilmember Poppaw noted the March 18`h date is during spring break for Poudre Schools
and CSU and asked about the impact of the postponement on the FoCo Cafe. Helen Matson,
Real Estate Services Manager, replied the date was chosen in order to allow time for the public
meetings. The FoCo Cafe has been involved and has no problems with the delay.
Councilmember Troxell made a motion, seconded by Councilmember. Campana, to postpone
Second Reading of Ordinance No. 007, 2014, to March 18, 2014.
Councilmember Cunniff expressed concern regarding the selection of the March 18`h date and
asked if information could be ready for the March 4`h agenda. Matson replied the information
would be due to the City Clerk's Office on the same day of the meeting.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to change the
postponement date to March 4, 2014.
Councilmember Cunniff asked if staff could have a few additional days to get the agenda item to
the City Clerk's Office. City Manager Atteberry replied the staff team is concerned about
providing complete information to Council and is attempting to abide by the agenda process.
Additionally, he noted the FoCo Cafe is not concerned about the additional delay.
Councilmember Conniff expressed concern the project is being delayed due to the City's
mistakes. City Manager Atteberry stated staff will amend its internal process to attempt to place
the item on the March 4`h agenda; however, he will not force the issue if it is not ready for that
agenda.
Councilmember Campana asked.if the FoCo Cafe is still moving forward with its planning
process during this delay. Matson replied the application is not on hold and noted this series of
meetings would satisfy the neighborhood meeting requirement for a minor amendment process.
Mayor Pro Tern Horak stated he would not support the amendment stating the lease should never
have been considered prior to the land use process being complete.
Councilmember Poppaw noted the spring break timing could potentially negatively affect
attendance at the meeting by citizens and Councilmembers.
Councilmember Troxell requested clarification of the item and asked if the Planning and Zoning
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January 21, 2014
process was a required step. Laurie Kadrich, Director of Community Development and
Neighborhood Services, replied this is an administrative decision which will not go before the
Planning and Zoning Board but will be reviewed administratively. She stated the land use
approval process can function and progress separately from the additional public meeting
process.
Matson stated the FoCo Cafe has a strong desire to work with the neighborhood and the decision
was made to have formal meetings managed by Planning staff.
Councilmember Campana stated this dialogue is precedent -setting in that neighborhood meetings
are not required regarding City -owned building leases. He stated the neighborhood meetings
should take place as required through the land use process. City Manager Atteberry agreed with
Councilmember Campana's assessment of the situation and noted City -owned buildings are
usually leased to uses which are already allowed. Future lease agreements will go before
Council; however, he stated he did not believe requiring land use processes for every future lease
agreement would be beneficial.
Councilmember Campana stated he does not believe the City overlooked any public participation
process as the lease would have been contingent upon the land use being approved.
City Attorney Roy stated the timing in bringing forward the lease in relation to the land use
process was the aspect which was overlooked; the land use piece typically occurs first.
The vote on the amended motion was as follows: Yeas: Overbeck, Poppaw Cunniff. Nays:
Horak, Weitkunat, Troxell and Campana.
THE MOTION FAILED.
Councilmember Cunniff stated he would not support the postponement to March 18'h.
Mayor Weitkunat stated the process broke down with respect to public participation, though she
agreed these are two separate processes.
Councilmember Campana agreed with City Attorney Roy's comments and stated land use
decisions should be made prior to lease agreements in the future.
Councilmember Poppaw expressed frustration with the placement of. controversial items on the
spring break agenda. ,
Mayor Pro Tern Horak noted neither the neighbors nor FoCo Cafe representatives appear to have
a conflict with the March 181h date.
The vote on the motion was as follows: Yeas: Weitkunat, Troxell, Campana and Horak. Nays:
Overbeck, Poppaw and Cunniff.
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THE MOTION CARRIED.
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January 21, 2014
I
January 21, 2014
Other Business
Mayor Weitkunat expressed frustration with being unable to participate in a major community
decision in the mall redevelopment for the past fifteen months, due to the location of her home.
She stated she no longer believes she has a perceived conflict, as the agreement to redevelop the
mall has been approved and signed, and she plans to participate in future policy -level decisions
related to the Midtown area as would any other elected representative.
Councilniember Poppaw noted Councilmembers do have the opportunity to disagree with Ethics
Review Board decisions and continue to participate in discussions.
Adiournmeiit
Mayor Pro Tern Horak made a motion, seconded by Councilmember Conniff, to adjourn to
Tuesday, January 28, at 6:00 p.m. so that the Council may consider any additional business that
may come before the Council, including a possible Executive Session. Yeas: Overbeck,
Poppaw, Troxell, Campana, Cunniff, Horak and Weitkunat. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:34 p.m.
ATTEST: rSEXL
VOJU ldU ,`la 1 �.
City Clerk
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