HomeMy WebLinkAboutMINUTES-10/01/2013-RegularOctober 1, 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, October 1,
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.
Agenda Review
City Manager Atteberry stated Ah award will be presented to Operation Services during Staff
Reports and Council will consider going into Executive Session under Other Business.
Citizen Participation
Mel Hilgenberg, 172 North College, announced community theater events and discussed his
campaign for the Board of Education. He announced a forum at Rocky Mountain High School
and urged County Commissioners to institute a 0.025 emergency sales tax to fund road and
'infrastructure rebuilding.
Eric Sutherland, 3520 Golden Currant, discussed the City of Fort Collins' sales tax surplus and
urged the City to publicize the food sales tax rebate. Additionally, he suggested a possible end to
food sales tax for all citizens. He opposed the Boxelder Stormwater Authority engineering,
governance model and finance.
Wade Turner, Senior Advisory Board Chair, urged additional funding for the Senior Center
expansion.
Maggie Weinroth, ASCSU Director of Community Affairs, thanked Mayor Weitkunat and
Councilmembers for attending the fall round table.
Al Van Nice, Fort Collins resident, urged additional funding for the Senior Center expansion.
Vince Castillo, Northern Colorado Disc Golf Club President, thanked the City for aiding in
bringing the 2013 Disc Golf Championship to Fort Collins. this weekend.
Wes Kenney, 1033 Pinnacle Place, Fort Collins Symphony, thanked the City for its support and
invited the public to see a show.
October 1, 2013
Cheryl Distaso, Fort Collins Community Action Network, supported funding for Flex bus service
and suggested additional east -west connectivity for Transfort services and that Transfort should
receive a dedicated funding source. The No Spray Fort Collins group would. like to see the end
to mosquito spraying in town.
Sandy Lemburg, 6851 Poudre Canyon, stated College Avenue north from Trilby is in a great
deal of disrepair and is dangerous, particularly for motorcycles.
John Stevens, 837 Foxtail, stated the Gateway Bridge on North College has weeds growing on
the west side of the road. He opposed the proposed storage of personal property Ordinance and
stated he is opposed to election signs throughout town.
Linda Hopkins, Senior Center Expansion Committee, supported additional funding for the Senior
Center expansion.
Citizen Participation Follow-up
Councilmember Poppaw congratulated Ms. Hopkins and the senior Center Expansion Committee
on winning a $150,000 grant. She requested clarification regarding the responsibility for pothole
repair along College Avenue. City Manager Atteberry replied the City is responsible for basic
maintenance and noted the resurfacing of College is currently scheduled for the next two years.
Mayor Pro Tem Horak stated there are no potholes on College Avenue, though he admitted a
resurfacing is needed. He stated the Flex bus service has strong regional support and will likely
continue.
Councilmember Cunniff requested status updates regarding Boxelder, food sales taxes, and
Gateway Bridge maintenance issues. He'announced the October 29 work session regarding West
Nile Virus update.
CONSENT CALENDAR
6. Second Reading of Ordinance No 126 2013 Authorizing the Purchasing Agent to Enter
into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment
This Ordinance, unanimously adopted on First Reading on September 17, 2013, requests
approval of an agreement for the lease -purchase of vehicles and equipment for the cost of
$911.887. Payments under the agreement at the 2.28% interest rate. will not exceed
$193,489 in 2014. Money for 2014 lease -purchase payments is included in the 2014
budget. The effect of the debt position for the purpose of financial rating of the City will
be to raise the total City debt by 0.671/o. A competitive process was used to select
Pinnacle Public Finance for this lease. A 2013 Finance Department analysis of current
and historical equipment lease financing arrangements showed that lease -purchase is in
the best interest of the City given the normal spread between lease rate and reinvestment
rate.
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7. Second Reading of Ordinance No. 127, 2013 Repealing Article II of Chapter 15 of the
City Code in its Entirety.
This Ordinance, unanimously adopted on First Reading on September 17, 2013, repeals
Article 11 of Chapter 15 of the City Code in its entirety. Article 11 of Chapter 15 of the .
City Code addresses intrusion, robbery, fire and other alarm systems. This Article, last
updated in 1972, is outdated due to the great advances in security systems technology
over the years and needs to be repealed. ,
8. Second Reading of Ordinance No. 129, 2013, Amending Section 5-47 of the Cityode_
Pertaining to the International Property Maintenance Code.
The purpose of this item is to propose Code amendments that will address ongoing
exterior residential property maintenance issues that create a negative impact on
neighboring properties and that are not currently addressed by existing codes. This
Ordinance, unanimously adopted on First Reading on September 17, amends the
International Property Maintenance Code relating to Deficient Structures and creates a
Vacant & Dangerous Buildings Registry. Minor revisions have been made on Second
Reading to clarify the definition of "deficient".
9. First Reading of Ordinance No. 131, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds And Authorizing the Transfer of
Appropriated Amounts between Funds or Projects.
The annual Clean -Up Ordinance allows for the appropriation of expenses related to
unanticipated revenue, grants and unforeseen costs that had not previously been
budgeted.
The purpose of this annual Clean -Up Ordinance is to combine dedicated and
unanticipated revenues or reserves that need to be appropriated before the end of the year
to cover the related expenses that were not anticipated and, therefore, not included in the
2013 budget appropriation. The unanticipated revenue is primarily from fees, charges,
rents, contributions and grants that have been paid to City departments to offset specific
expenses. Prior year reserves are primarily being appropriated for unanticipated
operational expenses.
10. First Reading of Ordinance No. 132. 2013, Appropriating Unanticipated Grant Revenue
from the Institute of Museum and Library Services in the Museum Fund for "Living with
Fire: A Community Responds" Grant Project.
The purpose of this item is to appropriate $138,933 in grant funds awarded to Fort
Collins Museum of Discovery by the Institute of Museum and Library Services.
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11. First Reading of Ordinance No..133, 2013, Appropriating Prior Year Reserves in the
Light & Power. Water, Wastewater and Stormwater Funds for the 800 MHz Radio
Communication System Capital Protect.
The purpose of this item is to appropriate funding for the purchase and installation of an
800 MHz radio system for the Utilities Department. Conversion of the former wide -band
system to a narrow -band system was completed at the beginning of 2013. The narrow -
band system is not meeting the Utilities' safetyand communications needs for field
personnel and infrastructure protection.
12. First Reading of Ordinance No. 134, 2013, Appropriating Prior Year Reserves in the
Water Fund for Two Water Main Replacement Projects.
The purpose of this item is to fund project design for the water main replacement on
College Avenue and for design and construction of water main replacement on Meldrum
Street. •
13. Items Relating to the Fort Collins -Loveland Water District Intergovernmental
Agreement.
A. First Reading of Ordinance No. 135, 2013, Authorizing the Mayor to Execute an
Amended and Restated Intergovernmental Agreement with the Fort Collins -
Loveland Water District, the Fort Collins -Loveland Water District Enterprise, and
the City of Fort Collins Water Utility Enterprise for the Delivery of Potable
Water.
B. First Reading of Ordinance No. 136, 2013, Authorizing the Mayor to Execute an
Intergovernmental Agreement for Water Treatment Services with the Fort
Collins -Loveland Water District, the Fort Collins -Loveland' Water District
Enterprise, and the City of Fort Collins Water Utility Enterprise.
The purpose of this item is twofold:
1. To amend the existing Intergovernmental, Agreement (IGA) with Fort Collins
Loveland Water District (FCLWD) by updating the terms of the Agreement,
recognizing additional connection locations, and
2. Allowing for the sale of up to 5 million gallons per day (MGD) of Water
Treatment Capacity through a second IGA with FCLWD.
For the past year, Utilities staff has been negotiating with FCLWD to restructure the
existing water sharing agreement and enter into a separate agreement for the sale of
excess water treatment capacity. The revisions to the existing agreement, as well as
entering into the second agreement, will benefit the customers of Fort Collins Utilities
through incremental revenues and the customers of FCLWD by increasing the amount of
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water that can be delivered to them. The Water Board has reviewed the proposed
amendments and new agreement and recommends approval.
14. First Reading of Ordinance No. 137, 2013, Designating 1501 Peterson Street as a Fort
Collins Landmark Pursuant to Chapter 14 of the City Code.
The owners of the property, Robert and Sally Linton, are initiating this request for Fort
Collins Landmark designation of the Crane Property at 1501 Peterson Street.
15. Resolution 2013-082 Making Appointments to the Youth Advisory Board.
This Resolution fills three vacancies on the Youth Advisory Board.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
6. Second Reading of Ordinance No. 126, 2013, Authorizing the Purchasing Agent to Enter
into an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
7. Second Reading of Ordinance No. 127, 2013 Repealing Article 11 of Chapter 15 of the
City Code in its Entirety.
8. Second Reading of Ordinance No. 129, 2013, Amending Section 5-47 of the City Code
Pertaining to the International Property Maintenance Code.
Ordinances on First Reading were read by title by City Clerk Nelson.
9. First Reading of Ordinance No. 131, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenue in Various City Funds And Authorizing the Transfer of
Appropriated Amounts between Funds or Projects.
10. First Reading of Ordinance No. 132, 2013, Appropriating Unanticipated Grant Revenue
from the Institute of Museum and Library Services in the Museum Fund for "Living with
Fire: A Community Responds" Grant Project.
11. First Reading of Ordinance No. 133, 2013, Appropriating Prior Year Reserves in the
Light & Power, Water, Wastewater and Stormwater Funds for the 800 MHz Radio
Communication System Capital Project.
12. First Reading of Ordinance No. 134, 2013, Appropriating Prior Year Reserves in the
Water Fund for Two Water Main Replacement Projects.
13. Items Relating to the Fort Collins -Loveland Water District. Intergovernmental
Agreement.
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A. First Reading of Ordinance No. 135, 2013, Authorizing the Mayor to Execute an
Amended and Restated Intergovernmental Agreement with the Fort Collins -
Loveland Water District, the Fort Collins -Loveland Water District Enterprise, and
the City of Fort Collins Water Utility Enterprise for the Delivery of Potable
Water.
B. First Reading of Ordinance No. 136, 2013, Authorizing the Mayor to Execute an
Intergovernmental Agreement for Water Treatment Services with the Fort
Collins -Loveland Water District, the Fort . Collins -Loveland Water District
Enterprise, and the City of Fort Collins Water Utility Enterprise.
14. First Reading of Ordinance No. 137, 2013, Designating 1501 Peterson Street as a Fort
Collins Landmark Pursuant to Chapter 14 of the City Code.
John Stevens, 837 Foxtail, pulled item No. 8, Second Reading of Ordinance No. 129, 2013,
Amending Section 5-47 of the City Code Pertaining to the International Property Maintenance
Code from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt all items
not withdrawn from the Consent Calendar. Yeas: Overbeck, Horak, Weitkunat, Cunniff, Troxell,
Poppaw and Campana.
Consent Calendar Follow-up
Mayor Pro Tern Horak asked about the agreement with the Loveland -Fort Collins Water District
regarding the use of treatment capacity. He requested an update regarding the revenue collected.
Jon Haukaas, Water Engineering Field Operations Manager, discussed the agreements with the
Fort Collins -Loveland Water District and stated an immediate purchase of 1 million gallons of
treatment capacity daily will oceur and noted these agreements should be beneficial for both
entities.
Mayor Weitkunat spoke regarding Item No. 15, Resolution 2013-082 Making Appointments to
the Youth Advisory Board, and noted youth engagement is important to the community.
Councilmember Overbeck echoed Mayor Weitkunat's comments regarding the Youth Advisory
Board.
Councilmember Poppaw requested additional reports regarding the food sales tax rebate
outreach. City Manager Atteberry replied a report will be provided.
City Manager Atteberry stated his assessment of the Boxelder Stormwater Authority is that it is
well -run and has a good plan.
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Staff Reports
City Manager Atteberry announced the City has received an award for being in the top 100 best
fleets in North America and stated Tracy Oschner, Assistant Operations Services Director, was
recognized as one of the 40 sustainability all-stars by Green Fleet magazine.
Councilmember Reports
Mayor Weitkunat stated the Airport Steering Committee met last week and noted the Airport
budget will be presented at the next Council meeting. She stated the Airport is working to be
selected for a blended airspace, or towerless, pilot program and discussed the potential for a
police training facility to be located on Airport property.
Councilmember Troxell requested information regarding governance structure of the Airport.
Resolution 2013-083
Expressing the City Council's Support for the Construction
of a New County Office Building in Loveland, Colorado, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The put -pose of this item is to show support for Larimer County's desire to build a new County
office building in Loveland, Colorado and for the ballot measure that would authorize the same.
BACKGROUND /DISCUSSION
The City has been made aware of Larimer County's need and desire to build a new County
facility in Loveland.' The current building is over 40 years old and is inef�ciertt and ineffective in
meeting current needs. It has been determined that remodeling and retrofitting would not be the
best use of public funds.
The County has accumulated the sales tax and reserve funds needed to move forward. A new
facility in Loveland would provide more convenient services for residents in southern Larimer
County. A new facility would also be less expensive to operate and can be designed with
adequate parking as well as more room to house more services in one location.
The County has been planning for this building and has secured enough funding that there would
not be any additional cost to the residents of Larimer County. Revenues from a sales tax
approved by the voters in 1997 can only be used for remodeling the current courthouse. The
proposed ballot measure would amend the purposes for which the 1997 tax was approved so as
to allow for the construction of a new courthouse instead.
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FINANCIAL /ECONOMIC IMPACTS
Long-term impacts could include savings to the County by having a more energy efficient
building and to residents who may not have to travel as far for services. "
Ginny Sawyer, City Manager's Office, stated this Resolution would show Council's support for
the County to construct a new office building in Loveland.
County Commissioner Lew Gaiter discussed the sales tax approved in 1997 which had .funds
appropriated to remodel the Loveland County building. He stated the building is outdated, too
small, and has little parking. He stated voters will not be asked for additional taxes and the
.November ballot proposal is to use the collected $8 million toward the construction of a new
building. He requested Council's favorable support of the Resolution.
Eric Sutherland, 3520 Golden Currant, stated the ballot language is not conforming to TABOR
regulations.
Councilmember Troxell asked what functions are located in the building in question.
Commissioner Gaiter replied the Clerk and Recorder, Motor Vehicle Registration, Voter
Registration and Health and Human Services are located in that building.
Councilmember Troxell asked for an overall building cost. Commissioner Gaiter replied early
estimates are around $12-15 million.
Councilmember Troxell requested information regarding the County's priorities with regard to
capital improvement projects. Commissioner Gaiter replied the challenge with this item lies in
the 1997 language relating to remodeling.
Councilmember Cunniff asked what would occur should the voters not pass the ballot item.
Commissioner Gaiter replied this $8 million can only be spent on existing County buildings;
however, a remodel of the facility to bring it up to necessary standards would be difficult.
Councilmember Cunniff asked what would occur with the old building. Commissioner Gaiter
replied the County has been in talks with the City of Loveland regarding the purchase of the
property.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt
Resolution 201-083.
Councilmember Poppaw expressed concern regarding passing a Resolution in support or in
opposition to a ballot measure.
Councilmember Cunniff agreed with Councilmember Poppaw and expressed concern regarding
the City taking an official position.
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Councilmember Overbeck agreed with Councilmembers Poppaw and Cunniff.
Councilmember Campana stated taking on this ballot initiative shows strong responsibility in
spending the money appropriately.
Mayor Pro Tern Horak stated he would support the motion and argued Council should use the
opportunity to support measures that make sense on a regional basis.
Councilmember Troxell stated he would support the motion.
Mayor Weitkunat stated she would support the motion and noted it is a professional courtesy to
have the opportunity to be supportive of all the residents in the region.
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Campana and Troxell. Nays:
Cunniff, Poppaw and Overbeck.
THE MOTION CARRIED.,
Items Relating to a Citizen Initiative on the November 5, 2013 Ballot, Adopted Option #2
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2013-084 Urging the Registered Electors of the City to Vote in Favor of a
Proposed Moratorium on Hydraulic Fracturing and the Storage of its Waste Products Within
the City of Fort Collins or under its Jurisdiction at the November 5 Special Election. (Option.
#I)
B. Resolution 2013-085 Urging the Registered Electors of the City to Vote Against a Proposed
Moratorium on Hydraulic Fracturing and the Storage of its Waste Products Within the City
of Fort Collins or under its Jurisdiction at the November 5 Special Election. (Option #2)
The purpose of this item is to encourage voters to vote for or against, depending upon on the
option chosen by Council, during the upcoming election.
BACKGROUND /DISCUSSION
On August 20, 2013 Council adopted Resolution 2013-072 submitting a citizen -initiated question
of whether to place 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 or on lands under the City's jurisdiction on a November 5, 2013 Special Election Ballot.
Staff was directed by Council to prepare two Resolutions for Council consideration related to the
election. Resolution 2013-084 (Option #1) is a Resolution urging voters to vote in favor of the
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moratorium whereas Resolution 2013-085 (Option #2) urges voters to vote against the
moratorium.
Current City Code (Section 12-135 and 136) requires any oil and gas operator in the City limits
to obtain an operator agreement approved by the City Council in order to use hydraulic
fracturing as part of operations and development. The existing Operator�Agreenient provides
increased protection for operations conducted by Prospect Energy or others in the Fort Collins
Field and on described undeveloped lands (UDA). Any other oil and gas operator- would be
required to negotiate a separate agreement in order to utilize hydraulic fracturing to extract oil
or gas. Such agreement would need to be approved by the City Council and may contain similar
conditions as the Prospect Energy Agreement and/or other conditions unique to the type of
operation being considered.
Option #1: Reasons to Consider A doption
During numerous Council meetings related to Oil and Gas regulations, Council heard from
citizens that they are concerned about the potential health risks associated with hydraulic
fracturing and oil and gas extraction. Residents have specifically voiced concern over the
toxicity of chemicals used in the process of hydraulic,fracturing, the release of methane gas into
the air or its migration to drinking water and questioned whether it is safe to store waste
products under- any conditions. Since the Colorado Oil and Gas Act requires oil and gas
resources to be extracted in a "manner consistent with protection of public health, safe6 and
welfare, including protection of the environment and wildlife resources ", Councilmembers may
conclude that. supporting the moratorium would be the best way to safeguard city residents and
city property.
Option #2: Reasons to Consider Adoption
Previous Council decisions and subsequent actions include: the imposition of a moratorium on
any new oil and gas permits (which moratorium has expired); the imposition of a ban
prohibiting hydraulic fracturing and the storage of liquid wastes and/or flowback unless
stringent public protections measures were adopted through a Council -approved Operator
Agreement; and, the approval of an operator agreement with Prospect Energy that requires
more stringent local controls in addition to requirements of the Colorado Oil and Gas
Commission, Colorado Department of Public Health and Environment, and Federal guidelines
and includes strict controls on the release of methane gas. Based on these actions,
Councilmembers may conclude that the adoption of the ballot measure would be inconsistent
with the Operator Agreement and the other local measures (City Code 12-135 and 12-136)
enacted to protect the health and safety of city residents and property. Further, Council may
conclude that such action could result in costly, protracted litigation against the City and
establish legal precedents damaging to the interests of other Colorado municipalities. In
addition, Natural Areas Department staff has consistently asked to remain outside any local
restrictions related to oil and gas extraction -since the Department has participated in a
collaborative "Energy by Design" process with the State Land Board and other entities (a
process endorsed by Council through a Memorandum of Agreement with the State) designed to
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protect biological, cultural, scenic, and recreational conservation goals while allowing
reasonable access to the mineral estate. Staff believes Energy by Design provides the best
strategy for protection for areas of land under the City's jurisdiction outside of the City limits. If
the ballot measure were approved the result could undo the "Energy by Design" process; may
result in more significant negative impacts to Natural Areas; and, potentially subject Natural
Areas lands to litigation. "
Laurie Kadrich, Community Development and Neighborhood Services Director, discussed the
November ballot initiative which asks voters whether or not to place a 5-year moratorium on the
use of hydraulic fracturing within the City or on City -owned lands. She stated Council has two
options: to urge voters to vote in favor of the measure or to urge voters to vote in opposition to
the ballot measure, and discussed possible reasons for Council to adopt each Resolution.
Ray Martinez, 4121 Stoneridge Court, supported Option 2, requesting voters consider opposing
the moratorium. He expressed concern regarding possible litigation for the City.
Michael Sacks stated Prospect Energy has a responsibility to shareholders which requires them
to operate in a safe manner. He supported Option 2, requesting voters consider opposing the
moratorium.
Scott Hall, Black Diamond Minerals CEO, stated hydraulic fracturing in the City is safe,
environmentally responsible, and has limited applications within City limits. He noted a well has
never been drilled within the City due to the lack of geological potential and supported Option 2.
Ed Haynes, 1300 Patterson Place, spoke in opposition :to ballot measure 2A, requesting voters
consider opposing the moratorium.
Al Wardgiltner, Black Diamond Minerals, noted his company won the COGCC Environmental
Protection Operator of the Year, and supported Option 2, requesting voters consider opposing the
moratorium. He also discussed the existing operator agreement with the City.
John Gascoyne, 718 West Mountain, requested the name of the business entity taking over the
interests of Prospect Energy. He requested Council take no position on the issue.
Robert Schutzius, Anadarko Petroleum employee, Fort Collins resident, supported Option 2,
noting a binding operator agreement exists and the City could be exposing itself.to litigation
should that agreement be broken.
Rudy Zitti, . 1626 Fantail, supported Option 2, requesting voters consider opposing the
moratorium. He cited the concessions made by Prospect Energy addressing citizen concerns.
Kelly Giddens, Citizens for a Healthy Fort Collins, requested Council not take a position on this
item and noted her organization is not attempting to propose, a ban, just a moratorium to allow
time to collect additional facts related to tracking.
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Linda Coxen, 3115 Sumac, thanked Council for its service to the City and supported Option 2,
requesting voters consider opposing the moratorium.
Layla Sheriardi, Anadarko Petroleum employee, disagreed there are health risks to oil and gas
development and supported Option 2.
Elizabeth Hudetz, Fort Collins resident, supported ballot measure 2A and urged Council to not
take a position on the issue.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Option 2,
Resolution 2013-085.
Mayor Pro Tern Horak asked if the phrase "City Council strongly urges the registered electors of
the City to vote against the initiated measure" could be removed. City Attorney Roy replied in
the affirmative.
Mayor Pro Tern Horak requested a friendly amendment, accepted by Councilmember Troxell, to
amend the Resolution by removing that phrase, as well as removing the phrase from the
Resolution title.
Mayor Pro Tern Horak stated his changes would state that Council suggests voters opposes the
ballot measure but does not tell them to vote one way or the other.
Councilmember Cunniff stated it is not the role of Council, particularly with a citizen -initiated
Ordinance, to take a position. He disagreed that Council would be acting unethically if it does
not adopt Option 2. He stated he would not support the motion.
Councilmember Poppaw stated Councilmembers should express their opinions, but the
appropriate location for that is during election time. She stated a vote for Resolution 2013-085
would simply reflect the opinions of four citizens who happen to be on Council. She noted she
would not support either option.
Councilmember Troxell stated he is acting in the best interests of citizens as an elected official.
He stated the citizen initiative is ill-conceived and built on emotion. He is concerned about
environmental and health safety and supports monitoring efforts which are part of the operator
agreement.
Councilmember Overbeck stated he would not support either option and stated voters will decide
the issue.
Councilmember Campana stated either extreme on this issue does not work. He noted a majority
vote of Council would be representative, as with all Council votes.
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Mayor Pro Tern Horak stated voters will make the decision on this issue regardless of the
outcome of tonight's action and noted there was almost unanimous Council support for an
operator agreement until the issue of the undeveloped area came up. As a result, the agreement
includes precautions and monitoring far in excess of state standards. He opposed the ballot
measure partially due to the possibility of the high cost of losing litigation.
Mayor Weitkunat stated this vote is Council taking a position on an item which affects citizens
of Fort Collins as well as the City organization. She expressed concern regarding the inclusion
of lands owned by the City, noting the City organization has supported the existing process with
regard to Natural Areas.
The vote on the motion, as amended, was as follows: Yeas: Weitkunat, Horak, Campana and
Troxell. Nays: Poppaw, Overbeck and Cunniff.
THE MOTION CARRIED
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2013-086
Adopting the Midtown Plan as an Element of the
Comprehensive Plan of the City of Fort Collins, Adopted
The following is the staff memorandum for this item:
"EXECUTIVE SUMMARY
The purpose of the Midtown Plan is to create a long-term vision that will compliment current
and forthcoming investment to revitalize the corridor. Midtown has been defined as the College
Avenue commercial corridor between Prospect Road to the north, and Fairway Lane to the
south. This approximately 3 '/z mile area has been referred to as the "community spine " in City
Plan, and continues to be a targeted area for public investment. An extensive public process was
undertaken to engage and solicit input from stakeholders. The Plan articulates a bold vision for
Midtown that includes higher -density, transit -oriented development; recommendations for
implementing the vision include concepts for improving the transportation network, buildings,
and public spaces.
BACKGROUND /DISCUSSION
Work began in summer 2012 on the Midtown Plan (formally called the Midtown Urban Design
Plan). The project was managed collaboratively between the Economic Health and City
Planning departments, alongside a consultant team led by Winter- & Company from Boulder,
CO. The purpose of the Plan is to create a long-term vision that will compliment current and
forthcoming investment to revitalize the corridor.
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Midtown has been defined as the College Avenue commercial corridor between Prospect Road
to the north, and Fairway Lane to the south. This approximately 3 V2 mile area has been
referred to as the "community spine " in City Plan, and continues to be a targeted area for public
investment. City Plan policy LIV 5.2 specifically states, "The `community spine' shall be
considered the highest priority area for public investment in streetscape and urban design
improvements and other infrastructure upgrades to support inftll and redevelopment and to
promote the corridor's transition to a series of transit -supportive, mixed -use activity centers
over time" (pg. 52).
An extensive public process was undertaken to engage and solicit input from a variety of
stakeholders. Development of the Plan was generally divided into three phases, described
below.
Phase 1 (July - October 2012): included extensive information -gathering to gain an
understanding of how Midtown exists today, and the greatest challenges and opportunities.for
the future. This included tours of the corridor and meetings with City staff, residents, property
owners, business owners, City Boards/Commissions, and community organizations.
Phase 2 (November - February 2013): explored preliminary design concepts for the corridor,
and included an intensive, hands-on workshop that was attended by more than 70 community
members. These concepts were presented and explored more thoroughly with City Council at a
work session on January 8.
Phase 3 (March - August 2013). .developed concepts and recommendations into a draft
document. Staff coordinated extensive outreach throughout the monthofJune to obtain feedback
from stakeholders. The draft Midtown Plan was available online for public review and
comment Additionally, a public open house was held on June 27; this provided an informal,
drop -in venue for community members to view major concepts and recommendations and give
feedback
Plan Adoption: the Planning and Zoning Board unanimously recommended the Plan on
September 12, and City Council is asked to consider this Resolution to formally adopt the
Midtown Plan.
Major Plan Concepts and Recommendations
The Midtown Plan and Appendix are provided as an attachment to this agenda item summary.
Key concepts and recommendations from the Plan are summarized below.
Vision and Framework: Chapter I establishes the primary objectives of the Plan and provides a
high-level conceptual review of the key design elements. The Framework Map is a key figure,
which provides the graphical representation of the major recommendations (see Appendix A-1 of
the Plan). Additionally, the vision for Midtown is articulated, and can be summarized as
follows:
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• Midtown will be a vital neighborhood with a mix of uses and activities that serve a broad
spectrum of the community.
• It will have a distinct identity that distinguishes it from other parts of the city and should be a
destination in its own right.
• Streets will be inviting to pedestrians, and public art. and civic facilities will be located
throughout the area.
• Midtown is envisioned as an urban area with higher densities.
• It will be an economic generator that is conveniently accessible from abutting residential
areas, while continuing to serve the community as a whole.
Mobility and Access: ,Chapter 2 establishes the vision for transportation -related elements
including street cross -sections, transit, bicycles, pedestrians, and parking. Important
recommendations include:
• Work, within existing curb -to -curb dimensions when improving streets. Outside of curbs is an
enhanced public realm, including wide, detached sidewalks, which sometimes suggests
additional right-of-way (ROW). See Appendix A-5-8 of the Plan. '
• Improve frontage roads to be more bike friendly. When fiontage roads end, continue bike
circulation through wide, detached sidewalks along College Avenue, similar to the approved
redevelopment plans for Foothills Mall.
• Construct a grand pedestrian promenade adjacent to MAX between the Spring Creek
Overpass and Horsetooth MAX station. The ideal cross section allows for a 15 foot multi-
use path (bikes and pedestrians only) with 15-foot landscaping and 10 foot buffer between
path and buildings. Where ideal cross section does not fit, it may be more feasible to narrow
the cross section, but, should not be less that 10 feet for the path. The promenade concept
should be continued north and south for the length of the corridor, although it may take
different forms due to lack of physical space, e.g., south of Horsetooth Road, Mason Street
could provide a promenade -style amenity.
• Provide continuous, designated bike facilities. Where there are gaps in the current system
and sufficient ROW is available, provide on -street bike lanes/buffered bike lanes/cycle
tracks. Where ROW is not sufficient, use shared lane markings or bike route markers to
direct cyclists.
• Improve intersections: safety improvements such as signage, pavement markings, medians,
signal detection, green paint, "bike boxes ", or two -stage turn boxes.
• Connect to transit: bus stop designs along major east/west streets should be enhanced to
match/compliment design of MAX stations, and fit within recommended streetscape palette
for Midtown.
• Keep parking subordinate: encourage developments to locate parking behind structures, and
encourage structured parking, particularly near transit stations.
Streetscapes, Signage and Wayfinding: Chapter. 3 provides visual image recommendations for
the urban design pallet and signage system for Midtown.
Use the recently -updated Streetscape Standards provided in the Larimer County Urban Area
Street Standards as the guide for public realm landscaping in Midtown.
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• Establish three separate "Character Areas" within Midtown. Dividing the corridor in this
way helps to break down its length and provide the opportunity to create and refine sub-
district identity. The Plan suggests a "theme" for each area, although it is recognized the
themes should evolve organically and be driven by businesses and development:
• Upper Midtown = Garden theme
• Central Midtown = Art/Entertainment theme
• Lower Midtown = Innovation theme
• Urban design elements such as benches, planters, lighting, bike racks, and signage should be
made from durable, sustainable materials. While the material and style should be unified for
Midtown, each Character Area's theme should be incorporated into the design.
Parks and Open Space: Chapter 4 provides recommendations for public spaces, including:
• Provide a rich collection of outdoor places for informal and formal gathering.
• Each Character Area should have one major open space; the space could be an urban
plaza or urban park, verses a traditional green park.
• Minor open spaces, e.g., small courtyards, plazas, dining areas, should be distributed
throughout the corridor as part of private development.
• Connect major and minor public spaces to the broader pedestrian circulation network in the
area to ensure convenient access.
Development Prototypes and Design Guidelines: Chapter 5 provides conceptual site designs for
a variety of redevelopment scenarios, and Chapter 6,follows with design guidelines to aid in the
implementation of the built environment vision. Key development concepts include:
Prototypes shown are "ideal scenarios"for highdensity development. Market conditions at
the time of development and/or contextual issues specific to the site will determine the
eventual outcome; however, encourage an urban form and key design principles whenever
possible.
• Support increased density, particularly near MAX stations.
A variety of parcel sizes and development prototypes can and should play a role in the
revitalization of Midtown. New development should consist of both large parcel, mixed -use
projects and smaller, nuance site designs that will add to the overall character and charm of
the corridor.
• Locate buildings along street edges and parking on the interior of sites.
• Give pedestrian circulation highest priority when designing site layout.
• Sidewalks, promenades and other pedestrian paths should be designed to invite their use
through thoughtful planning and design.
• Incorporate art and creative design elements onto buildings and it? other spaces viewed by
the public.
• Projects should be environmentally sensitive in their site design and layout.
• Buildings should maximize energy efficiency and conservation, which includes addressing
lighting, ventilation, alternative energy sources, and solar access.
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Implementation Strategy: Chapter 7 recommends several funding sources that could be
available to assist with infrastructure and development/redevelopment projects. Emphasis is
placed on public private partnerships to optimize revitalization efforts.
• Implementing the Plan will take a proactive effort, but it is equally as important to be
responsive, and have the flexibility to react to new opportunities and changing conditions as
they arise.
• Both the public 'and private sectors must share in the responsibility of implementation.
• Ongoing conversations should occur between the City, South Fort Collins Business
Association, and other stakeholders to prioritize key improvements that will catalyze
revitalization.
• Review the Plan.regularly to assure recommendations are relevant and implemented.
• There are a variety of implementation tools that may be used to help achieve the vision. The
Plan makes recommendations for improvements that range from project -specific, e.g., energy
efficient buildings, to communirywide, e.g., enhancing the street network in Midtown to be
more bike- and pedestrian friendly. It is important to consider the type of improvements
when attempting to match an implementation tool or tools, so the tool and application align
for an appropriate benefit. Existing and new implementation tools to consider include:
Financing
• Private investment
• Tax increment financing (TIF) via the Fort Collins Urban Renewal Authority
• Business Improvement District (BID)
• Add Midtown projects to the Capital Improvement Project list (if not listed already)
• Community Development Corporation
• Property tax abatements
• Revolving loan/grant fund
• Metro District
• Department of Housing and Urban Development Section 108 Loan
• Private Activity Bond (PAB)
• Personal property tax rebate
• Manufacturing use tax rebate
• Special assessment district
• City of Fort Collins General Fund - Budgeting for Outcomes Process
• Citywide tax initiatives, e.g., Building on Basics
• Grants
Policy
• Zoning and Code
• Design/Signage guidelines
• Expedited perrnitting/review
• Reduced developmentfees
• Business retention/recruitment. -
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FINANCIAL / ECONOMIC IMPACTS
There are no direct financial impacts as a result of adopting the Midtown Plan. Indirectly, the
purpose of the Plan is to establish a vision that will encourage investment in the corridor; such
investment will not only come from physical improvements and increased values, but also
bringing new residents and businesses to Midtown that will support continued economic activity.
Although prioritization of key improvements has yet to occur, the Plan' anticipates the need for
public private.inancial partnerships to implement the bold vision. MAX is a prime example of
public investment in the corridor, although there are additional opportunities to proactively
improve some of the public infrastructure. It is anticipated that the upcoming Midtown College
Avenue Corridor Plan will identify in much more detail some of the public improvements that
should be pursued, particularly related to streets and intersections.
ENVIRONMENTAL IMPACTS
There are no direct environmental impacts as a result of adopting the Midtown Plan. Indirectly,
the concepts and recommendations of the. Plan .are intended to support environmentally -
conscious principles. By directing investment and development in Midtown and along MAX, the
City supports a sustainable development pattern that is intended to encourage alternative modes
of transportation (reducing vehicle miles traveled and associated air quality issues). The Plan
speaks directly to the need for designing buildings and sites to be more energy efficient by
suggesting the use of alternative energy sources, consideration of solar access, and protection
and enhancement of natural resources where they exist. Bringing nature into our urban areas is
also identified as a key concept, which can be accomplished by increasing the amount and
quality of public spaces and incorporating natural amenities .into private development, when
possible.
BOARD / COMMISSION RECOMMNDATION
At a public hearing on September 12, 2013, the Planning and Zoning Board voted unanimously
to recommend that City Council adopt the Midtown Plan, followed directly by implementation
strategies, including Land Use Code updates. This Resolution to adopt the Midtown Plan would
not make any changes to the Land Use Code, primarily because existing development standards
align well with the Plan's vision, and the implementation strategy set forth is intended to take
more of an incentivize/partnership approach with the private sector. While the Board
acknowledged this approach, it was felt that a strong regulatory foundation would also be
needed and that Code changes should be considered. Staff is recommending that a stakeholder
implementation group be convened should the Plan be adopted that would include members of
the South Fort Collins Business Association, Midtown property owners, and at least one member
of the Planning & Zoning Board. The purpose of this group would be to prioritize needed
improvements suggested by the Plan, and thoroughly vet funding and regulatory mechanisms to
implement those improvements. The Board was supportive of this approach.
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The Board's motion also included a recommendation to have a defining enhanced pedestrian
corridor throughout the study area, connecting the northernmost boundary to the southernmost
boundary. The Plan currently recommends a grand pedestrian promenade for the.middle
segment of the Plan area, and that Mason Street should be the primary north -south pedestrian
connection south of Horsetooth MAX station. The Board asked that the pedestrian connection be
continued to the northern boundary at Prospect Road, and south to the MAX South Transit
Center. If Council agrees with the Board's recommendation, staff would extend the line on the
' P.lan's Framework Map to visually represent this concept of a continuous, enhanced pedestrian
connection, and add language to the Plan articulating this concept.
PUBLIC OUTREACH
Several different formats for obtaining public input were utilized for this planning process,
including:
• Small stakeholder focus groups
• Online questionnaire
• Large community workshop
• One-on-one meetings and email communication
• Presentations to stakeholder groups
• Public open house
• Online commentform
City Council work session
Information about the project was communicated through several sources:
• Project website, www./cgov.com/`nidtown <http://www.fcgoi.com/midtown>
• News releases
• City Facebook Page
• Twitter
• . Postcard mailing
• E-newsletters
The following stakeholders had opportunities to provide feedback:
• Bike Advisory Commission'
• Art in Public Places Board
• Planning and Zoning Board
• Fort Collins Board of Realtors, Government Affairs Committee
• Economic Advisory Commission
• Fort Collins Area Chamber of Commerce, Local Legislative Affairs Committee
• Commission on Disability
• Fort Collins Auto Dealers Association
• CanDo Built Environment Work Group
• Transportation Board
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October 1. 2013
• South Fort Collins Business Association
• Parks and Recreation Board
• Natural Resources Advisory Board
• General public, including business/property owners and residents. "
Bruce Hendee, Chief Sustainability Officer, stated the Midtown Plan represents a multi -
department effort.
Megan Bolin, Economic, Health Analyst, stated this Resolution would adopt the Midtown Plan as
a component of the City's Comprehensive Plan. She discussed the boundaries of the Plan area
and the public outreach efforts regarding the Plan. She stated a recommendation for the area is a
pedestrian corridor which would run from Prospect to Harmony, parallel to the MAX route.
Bolin discussed other elements of the Plan, as well as its implementation strategy, which will
require a coordinated effort between public and private entities. She stated the Planning and
Zoning Board unanimously recommended adoption of the Plan and it would like to see
immediate implementation.
Eric Sutherland, 3520 Golden Currant, expressed concern regarding the implementation of this
Plan and stated MAX is on the path to disaster.
Kirk Bear, South Fort Collins Business Association, complimented staff's work on the item and
supported adoption of the Resolution.
i
Kevin Jones, Fort Collins Area Chamber of Commerce, supported the vision established by the
Plan, but hopes it is not to the detriment of moving people, goods, and services along the College
Avenue corridor.
Councilmember Cunniff asked what the requested additional consulting money will fund.
Hendee replied the funds, approved in the last BFO process, are for a detailed transportation
analysis access plan, which is starting this month.
Councilmember Cunniff asked if issues such as light pollution could still be considered later in
terms of making aspects mandatory. Bolin replied this vision will be a base and implementation,
which may include Land Use Code updates, could always be considered.
Mayor Weitkunat noted this is a broad picture plan, not specific. implementation. Hendee noted
this does not set Code, but accepts a general vision.
Councilmember Cunniff expressed concern the Plan is not achievable and requested an
acknowledgement from staff that Code changes may be considered. Hendee replied staff is in
agreement.
Councilmember Overbeck stated the Finance Committee should vet the Plan and suggested
deconstruction should be addressed. He stated he would have liked for affordable housing to be
addressed.
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Councilmember Troxell commended staff for work on the Plan and asked about the frontage
road as it is represented between Columbia and Drake on the east side. Hendee replied there is
an opportunity to address safety conflicts with some of these roadways in residential areas.
Bolin noted bicycles cannot be on College Avenue, so frontage roads will serve bicyclists on the
east and west sides of College.
Councilmember Troxell .commended the involvement of the South Fort Collins Business
Association and expressed support for the overall Plan.
Mayor Weitkunat expressed concern regarding the lack of continuity of the frontage roads,
particularly at intersections. She requested assurance the frontage road conflicts will be
addressed. Aaron Iverson, Project Manager, replied the College Avenue Circulation Study is
going to be a detailed continuation of the Midtown Plan. He stated frontage roads will not
remain as they are currently designed and pedestrian and bicycle improvements will be made.
Mayor Weitkunat noted she does not support the frontage roads as they currently exist.
Councilmember Campana stated the Plan is excellent and exceeds his expectations. He stated
deconstruction and affordability issues will be addressed in Codes and noted this Plan is a
guiding tool. He supported expediting necessary Land Use Code changes.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2013-086, with the addition of the following Whereas clause: "And whereas further
community outreach, board and commission input, and Council discussion will occur as
implementation decisions related to the Plan are considered."
Mayor Pro Tem Horak asked how the underpass at Troutman came to have its east side
pedestrian and bicycle access, which appears dangerous. He encouraged other underpasses to be
designed differently.
Councilmember Cunniff stated he wanted to add the Whereas clause to address Council concerns
related to Plan specifics. City Manager Atteberry replied the overall vision is presented in the
Plan and he assured Council the details will be completely further vetted and will involve
significant stakeholder engagement.
Councilmember Troxell requested clarification regarding the addition of the Whereas clause.
Councilmember Cunniff replied his intent is to codify the statements of staff and the City
Manager.
Councilmember Troxell stated it is highly irregular to include a Whereas clause in a motion for a
Resolution and suggested it is a "do-nothing" clause.
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Mayor Pro Tern Horak complimented staff for the workshop which was held regarding the Plan
as a meaningful way to invoke public input.
Mayor Weitkunat commended the Plan and noted details will come.
The vote on the motion was as follows: Yeas: Cunniff, Troxell, Poppaw, Campana, Overbeck,
Horak and Weitkunat. Nays: none.
THE MOTION CARRIED.
Ordinance No. 129, 2013,
Amending Section 5-47 of the City Code Pertaining to the
International Property Maintenance Code, Adopted on Second'ReadinQ
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to propose Code amendments that will address ongoing exterior
residential property maintenance issues that create a negative impact on neighboring properties
and that are not currently addressed by existing codes. This Ordinance, unanimously adopted
on First Reading on September 17, amends the International Property Maintenance Code
relating to Deficient Structures and creates a Vacant & Dangerous Buildings Registry. Minor
revisions have been made on Second Reading to clarify the definition of deficient structures. "
John Stevens, 837 Poxtail, asked how the word deficient was defined and expressed concern
regarding individuals being able to fund necessary repairs. He questioned why City officials
have never approached him regarding workable solutions for his property.
Mayor Weitkunat clarified this item is related to International Property Maintenance Codes and
noted Council will be addressing more of Mr. Stevens' issues on October 15.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 125, 2013, on Second Reading.
Councilmember Troxell asked what recourse the City has should a structure be deemed unsafe or
hazardous. Mike Gebo, Chief Building Official, replied that of the four current classifications -
substandard, dangerous, unfit and unlawful - substandard specifically exempts owner -occupants
and means the property needs some maintenance but is not dangerous, unfit or unlawful. Those
three classifications would apply to every building. The proposal is to try to stop a substandard,
deficient building from getting into a dangerous condition. The deficiency criterion is related to
weather -resistance and infestation type issues.
The vote on the motion was as follows: Yeas: Troxell, Poppaw, Campana, Overbeck, Horak,
Weitkunat and Cunniff. Nays: none.
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THE MOTION CARRIED.
Other Business
October 1, 2013
Councilmember Cunniff requested that Council receive a review of the City's flood response and
potential for dealing with a larger,' event. City Manager Atteberry replied he has spoken with Brian Janonis regarding the performance of the Citys regulations and facilities during this event.
Brain Janonis replied the item could be discussed on October 15 as a Staff Report.
Mayor Pro Tern Horak noted County regulations_in..the watersheds above Fort Collins should
also be addressed, in addition to fire issues.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn until
after the Water Utility Enterprise meeting to consider going into Executive Session, as
recommended by the City Attorney and City Manager.
Kevin Duggan, Coloradoan, requested the purpose of the Executive Session. Mayor Pro Tern
Horak replied the topic will be considered following the Water Utility Enterprise meeting.
The vote on the motion was as follows: Yeas: Poppaw, Campana, Overbeck, Horak, Weitkunat,
Cunniff and Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary's note: The Council resumed at 10:08 P.M.)
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, that Council make
a finding that postponing the proposed Executive Session to a subsequent meeting would be
contrary to the public interest. Yeas: Cunniff, Troxell, Poppaw, Campana, Overbeck, Horak and
Weitkunat. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, that Council go
into Executive Session for the purpose of meeting with the City Attorney, Citv Manager, and
other affected members of City staff to discuss potential litigation and related legal issues as
permitted under Section 2-31(a)(2) of the City Code.
Mayor Pro Tern Horak stated this Executive Session has been recommended due to a time -
pressing issue.
The vote on the motion was as follows: Yeas: Cunniff, Troxell, Poppaw, Campana, Overbeck,
Horak and Weitkunat. Nays: none.
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THE MOTION CARRIED.
The meeting adjourned at 10:45 p.m.
ATTEST:
City Clerk
Adjournment
�F FORTcil�,
SEA
WA
October 1. 2013