HomeMy WebLinkAboutMINUTES-07/01/2014-RegularJuly 1, 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, July 1, 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, Cunniff, Horak, Overbeck, Poppaw,
Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated an update on the BAVA Neighborhood Outreach Program will be
presented during staff reports.
Citizen Participation
Desiree Fiske, 334 East Mulberry, Fort Collins Community Action Network, discussed the
City's panhandling laws and suggested the City's policies may further marginalize the homeless
and other vulnerable populations.
Mel Hilgenberg, 172 North College, announced the City's 4`h of July events at City Park and
suggested the City join with the County and State to extend MAX service and recommended
moving the Fort Collins Mission to a property on north Linden.
Bill Alexander, Fossil Creek Meadows resident, expressed concern regarding the prioritization of
stream rehabilitation projects and requested the Mail Creek project be moved to the top of the
priority list due to safety concerns.
Monte Barry, Fort Collins resident, opposed the police crackdown on homeless individuals,
noted bicycles should be particularly watched for this time of year, and discussed the Overland
Trail bike lane.
Rich Stave, Fossil Creek Meadows resident, suggested the Mail Creek project should be moved
to the top of the priority list due to safety concerns.
Nancy Mendenhall, Fort Collins resident, opposed the recent police crackdown on homeless
individuals.
Karen Rose, Fossil Creek Meadows resident, expressed concern regarding the sewer line which
runs near Mail Creek.
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David Ham, 3324 Hickok Drive, thanked Council for its service and suggested the City should
be better prepared for population growth and should dam the Poudre River.
Mike Crane, Fossil Creek Meadows resident, opposed the City's prioritization of stream
rehabilitation and stated Mail Creek should be prioritized due to safety concerns.
July 1, 2014
Margaret Griffin, 3245 Honeysuckle Court, discussed the possible use of eminent domain for her
property along Boxelder Creek.
Steve Sycks, 5224 Greenview, questioned liability issues relating to Mail Creek and stated its
rehabilitation should be prioritized.
Eric Sutherland, 3520 Golden Currant, discussed the Elizabeth and Overland Trail intersection.
Harry Damm, 316 Parkway Circle North, expressed concern about West Nile virus and the
mosquito population around Mail Creek.
Cheryl Distaso, Fort Collins Community Action Network, questioned the City's regulations
regarding aggressive panhandling and stated the City needs to address living wages and
affordable housing.
Mike Pruznick, Fort Collins resident, asked if City Hall parking is limited after 6:00 p.m.,
questioned fire policies with regard to citizens lining up in aisles to speak, asked about the Metro
District failing to issue bonds, stated the Mail Creek issue needs to be addressed due to safety
concerns, and expressed disappointment regarding the City's policies on panhandling.
Rebecca Sorber, 135 South Sunset, expressed concern regarding the City's policies regarding
homeless individuals.
Zach Heath, 135 South Sunset, expressed concern regarding the City's policies regarding
homeless individuals and stated the City needs to further address affordable housing and drug
treatment.
Brandi Williams, 3017 Parkview Court, expressed concern regarding the City's policies
regarding homeless individuals.
Citizen Participation Follow-up
Jon Haukaas, Water Engineering Field Operations Manager, stated there was a significant
change in the prioritization of stream restoration projects following the 1997 floods. He stated a
funding request has been placed in this budget cycle to complete Spring Creek in 2015-2016 and
the intention is to follow-up with a similar request for Mail Creek in 2017-2018.
Councilmember Campana asked if interim signage or temporary fencing could be installed.
Haukaas replied in the affirmative but noted the property is private and is not owned by the City.
Councilmember Campana requested staff work with the HOA to discuss potential interim fixes.
Bruce Hendee, Chief Sustainability Officer, discussed concerns raised by the downtown business
community regarding the impact of homeless individuals on businesses. Additionally, he stated
the Social Sustainability Department is working with Police Services, the.court system and
homeless assistance providers.
Police Chief Hutto stated the challenge is finding the balance between community members on
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each side of the issue. He stated the Police Department is charged with identifying behaviors
which are illegal or unacceptable. Additionally, aggressive panhandling is clearly defined in the
Code.
Councilmember Overbeck asked about meetings being held by Hendee and asked if a plan or
strategy is being developed. Hendee replied panhandling, homeless camping, and poverty each
require a different type of strategy. He discussed the possibility of meters and noted shelter
solutions need to be developed.
Councilmember Overbeck requested a report on the ticket issued to the citizen regarding
panhandling and on the ticket issued to the individual sleeping in her car. He discussed meetings
he has held with businesses and homeless individuals and groups.
Councilmember Campana stated community members can work together to develop solutions.
Mayor Pro Tem Horak discussed the data being collected by the Homeward 2020 project. He
opposed any assertion Council or staff members are not compassionate toward the homeless
population.
Councilmember Overbeck discussed the compassion of the Police Department with regard to
vacating campers in City natural areas.
CONSENT CALENDAR
I. Consideration and Approval of the Minutes of the May 20 and June 3, 2014 Regular
Council Meetings and the June 10, 2014 Adjourned Council Meeting.
The purpose of this item is to approve minutes from the May 20 and June 3, 2014 Regular
Council Meetings and the June 10, 2014 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 082, 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. .
This Ordinance, unanimously adopted on First Reading on June 3, 2014, appropriates
$150,000 to the Senior Center Expansion Project. This additional funding was raised by the
Senior Center Expansion Committee. These additional funds will be put toward the cost of
completing the Core and Shell space as an Education Center/Auditorium, which will seat
120+ people with state of the art technology and can be used for presentations, distance
learning, seminars or movies, and athletic events. Additional funds will be used for other
building furnishings to make this a World Class Facility.
3. Second Reading of Ordinance No. 083, 2014, Appropriating Prior Year Reserves in the
Benefits Fund for the Employee Wellness Center.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, appropriates funds
from the Benefits Fund reserves for facility/infrastructure enhancements and start-up costs
for the Employee Wellness Center (commonly referred to as an Onsite Clinic).
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A recital statement regarding the location of the Onsite Clinic is deleted from the Ordinance
for Second Reading. The location of the Onsite Clinic may or may not be at 256 West
Mountain. Further review of this location is being conducted by the City's Operations
Services staff. Additional City -owned building options are available and will be included
with the final review. In all of the options being considered, the requested funding is still
needed to renovate the space once a final location is selected.
4. Second Reading of Ordinance No. 084, 2014, Amending Section 28-17 of the City Code
Regarding Traffic Code Violation Penalties.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, reconciles two
sections of the City Code setting the maximum penalty for Traffic Code violations.
5. Second Reading of Ordinance No. 085, 2014, Amending Article IV, Division 2 of Chapter
23 of the City Code Regarding Disposition of Real Property.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, amends the City
Code -to authorize the City Manager to approve certain leases on City -owned property. The
existing language in the City Code specifies that any disposition of real property, including
leasing of real property, must be approved by City Council, with the exception of property at
the Fort Collins -Loveland Airport.
6. Second Reading of Ordinance No. 086, 2014, Making Various Amendments to the Land
Use Code.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, addresses a variety
of changes, additions and clarifications to the Land Use Code that have been identified since
the last update in July 2013.
7. Second Reading of Ordinance No. 087, 2014, Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection
with the Vine Drive and Shields Street Intersection Improvements Project.
This Ordinance, unanimously adopted on First Reading on June 3, 2014, obtains
authorization from City Council to use eminent domain, if deemed necessary, to acquire
property interests needed to construct improvements at the Vine Drive and Shields Street
intersection. The Vine Drive and Shields Street Intersection Improvements Project will
construct a single lane roundabout for safety and air quality improvements at the
intersection. The project is planned to begin construction in the spring of 2015 and be
completed in the fall of 2015. The project budget consists of both federal and local funds.
To construct these improvements, the City will need to acquire certain property interests
adjacent to the project area. The acquisitions include right-of-way and temporary easements
from six property owners. Timely acquisition of the property is necessary to meet the
anticipated construction schedule. Staff fully intends to negotiate in good faith with all
affected owners and is optimistic that all property negotiations can be completed prior to the
start of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project to comply with federal acquisition requirements. Eminent
domain action will be used only if such action is deemed necessary.
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8. Items relating to Water Supply Shortage Response Plan and City Code Updates.
A. Second Reading of Ordinance No. 088, 2014, adopting a Water Supply Shortage
Response Plan.
B. Second Reading of Ordinance No. 089, 2014, Amending Chapter 26, Article II, Division
6 of the City Code to Clarify Sections Relating to Water Conservation.
These Ordinances, unanimously adopted on First Reading on June 3, 2014, update the City's
Water Supply Shortage Response Plan that contains water restrictions to be put in place
when a water shortage is anticipated, and make City Code changes regarding the waste of
water and water restrictions. Revisions to the Water Supply Shortage Response Plan are in
response to employee and citizen feedback received during the 2013 water restrictions and
more recent community outreach. Highlights include adding definitions and associated
restrictions for food production, splash parks, outdoor swimming pools and essential power -
washing. The City Code changes provide a clearer definition of the "waste of water,"
extending beyond irrigation use to service line and indoor leaks. In addition, hoses will
require a hand -activated hose nozzle for spraying impervious surfaces. This section will
reference the Water Supply Shortage Response Plan and how restrictions are put in place
and lifted. Two sections are out of date and are proposed to be deleted.
9. First Reading of Ordinance No. 091, 2014, Appropriating Unanticipated Grant Revenue into
the Transportation Services Fund for the Safe Routes to School Program.
The purpose of this item is to appropriate unbudgeted funds received through a grant for the
Safe Routes to School Program. The City of Fort Collins FC Moves Department has
received a $25,822 federal grant through the Colorado Department of Transportation for the
2014-15 Safe Routes to School (SRTS) program. This funding will allow the City's Safe
Routes to School Program (administered and staffed by FC Moves) to enhance its pedestrian
and bicycle safety education programs.
10. First Reading of Ordinance No. 092, 2014, Appropriating Prior Year Reserves in the
Downtown Development Authority Fund for Expenditure on Projects and Programs in
Accordance with the Downtown Plan of Development.
The purpose of this item is to appropriate unanticipated revenue for the Downtown
Development Authority for projects and programs that enhance the downtown area. These
funds, totaling $1,822,273, are from interest earnings, project savings, and from prior year
bond proceeds. The DDA Board has authorized the expenditure on various projects and
programs.
11. Items Relating to an Intergovernmental Agreement with the Downtown Development
Authority for the Willow Street Improvements Project.
A. Resolution 2014-051 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Downtown Development Authority to Transfer Funding to the
Willow Street Improvements Project.
July 1, 2014
B. First Reading of Ordinance No. 093, 2014, Appropriating Unanticipated Revenue in the
Capital Projects Fund for the Willow Street Improvements Project and Authorizing the
Transfer of Appropriations from the Building on Basics Pedestrian Plan and ADA
Improvements Project into the Willow Street Improvements Project.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement
with the Downtown Development Authority (DDA) and to appropriate both DDA and local
funds into the Willow Street Improvements Project. Previous planning efforts for the
Downtown River District identified improvements along Willow Street as a top priority
project within the River District.. Engineering design is schedule to begin in summer of
2014.
12. First Reading of Ordinance No. 094, 2014, Adopting Design Standards for the Old Town
Historic District.
The purpose of this item is to update the Old Town Fort Collins Historic District (Old Town
District) Design Standards. The Old Town Design Standards, originally adopted in 1981,
require substantial revisions to address current historic preservation practices and
development concerns related to infill and redevelopment within and around the Old Town
District. The update to the design standards will define and illustrate characteristics for
compatible future development within the Old Town District and in the adjacent area, and a
means for incorporating modern sustainable building practices into historic preservation
projects.
13. First Reading of Ordinance No. 095, 2014, Amending the Zoning Map of the City by
Changing the Zoning Classification for that Certain Property Known as the Harmony/I-25
Rezoning.
The purpose of this item is to rezone 264 acres located at the southwest corner of Harmony
Road and Interstate 25 from Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-
U-L), in accordance with the Comprehensive Plan (City Plan).
14. First Reading of Ordinance No. 096, 2014, Authorizing the Mayor to Execute the First
Amendment to the Amended and Restated Intergovernmental Agreement with the Fort
Collins -Loveland Water District, the Fort Collins -Loveland Water District Enterprise and
the Fort Collins Water Utility Enterprise.
The purpose of this item is to authorize the Mayor to execute the First Amendment to the
amended and restated intergovernmental agreement (IGA) 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. The item will require the
party that exceeds the allotment of water allowed for exchange to provide raw water
reimbursement in addition to the charges for treatment.
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15. First Reading of Ordinance No. 097, 2014, Authorizing the Mayor to Execute an
Intergovernmental Agreement with the North Weld County Water District, the North Weld
County Water District Enterprise, and the Fort Collins Water Utility Enterprise for the
Delivery of Potable Water.
The purpose of this item is to authorize the Mayor to execute an amended and restated
intergovernmental agreement (IGA) with the North Weld County Water District
(NWCWD), the North Weld County Water District Enterprise, and the City of Fort Collins
Water Utility Enterprise for the delivery of potable water. The amendment makes
adjustments to the costs associated with exchanging water between the City and the
NWCWD to reflect actual expenses, adjusts the requirement to balance accounts from
annually to monthly, adjusts the allocation of water.that is allowed to be exchanged, and
provides for the transfer of associated raw water for any imbalance in excess of the
allocation.
16. Resolution 2014-052 Authorizing the Mayor to Execute a Contract Amendment with the
Colorado Department of Transportation for the North College Improvements Project —
Conifer to Willox.
The purpose of this item is to authorize the Mayor to sign a Contract Amendment with the
Colorado Department of Transportation (CDOT) for the North College Improvements
Project - Conifer to Willox. This action will amend the Intergovernmental Agreement
(IGA) between the City of Fort Collins and CDOT, adding remaining North Front Range
Metropolitan Organization (NFRMPO) federal grant funds and new Responsible
Acceleration of Maintenance and Partnerships (RAMP) program funds into the agreement.
These funds have already been appropriated into the project's budget through previous
Council actions (Ordinance Nos. 016 and 112, 2012, No. 145, 2013, and No. 075, 2014).
Amending the IGA is the final piece of the design phase which enables the use of these
funds and the project to be bid.
The total funding amounts (previously appropriated) for the IGA will be amended as
follows:
• Federal Grant Funds - $2,934,000
• RAMP Federal,Funds - $3,894,000
• Local Matching Funds - $5,038,859.
17. Resolution 2014-053 Authorizing a License to Enter for the Colorado Department of
Transportation to Perform Work on City Property.
The purpose of this Resolution is to authorize the City Manager to execute a License to
Enter and Perform Work to allow the Colorado Department of Transportation to enter and
perform work at the east entrance of the Mulberry Water Reclamation Facility as part of its
Mulberry Bridge Project. The Colorado Department of Transportation (CDOT) has planned
a bridge project on Mulberry Street that is anticipated to begin in the late summer or early
fall 2014. The project involves replacing the existing State Highway 14/Mulberry Street
Bridge over the Cache La Poudre River. The bridge replacement project will require the
reconstruction of the eastern entrance to the Mulberry Water Reclamation Facility. CDOT
will need to obtain a License to Enter from the City, granting permission to enter the City's
property to perform the work associated with the entrance reconstruction.
July 1, 2014
18. Resolution 2014-054 Authorizing the Mayor to Enter Into an Agreement with the Platte
River Power Authority for the Design and Construction of a Perimeter Wall at the Harmony
Substation.
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental
Agreement. (IGA) between the City and the Platte River Power Authority (PRPA) for the
design and construction of a perimeter wall around the Harmony electric utility substation,
located at Harmony Road and Innovation Drive. The IGA provides that PRPA will design
and construct the wall and the City will reimburse PRPA for the reasonable costs incurred
for such work. Working through PRPA will ensure regional substation' design consistency,
as the work will be done under the same contract and with the same contractor as PRPA
recently used to construct perimeter walls around the Dixon and Timberline electric utility
substations.
19. Resolution 2014-055 Making Findings of Fact and Conclusions Regarding the Appeal of the
April 10, 2014, Planning and Zoning Board Approval of the Bella Vira Final Plan,
Extension of Vested Rights.
The purpose of this item is for Council to consider adoption of a resolution making findings
of fact and conclusions pertaining to the Appeal of the April 10, 2014, Planning and Zoning
Board's decision regarding a request for extension of vested rights to the Bella Vira Final
Plan.
On April 24, 2014, an appeal was filed concerning the Planning and Zoning Board Hearing
decision regarding a request for extension of vested rights for the Bella Vira, Final Plan. An
Amended Appeal was received on May 14, 2014.
On June 3, 2014, City Council voted 7-0 on the motion to uphold the decision of the
Planning and Zoning Board to approve the Bella Vira, Final Plan, extension of vested rights.
Councilmember Overbeck withdrew Item No. 3, Second Reading of Ordinance No. 083, 2014,
Appropriating Prior Year Reserves in the Benefits Fund for the Employee Wellness Center.
Councilmember Campana withdrew Item No. 13, First Reading of Ordinance No. 095, 2014,
Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain
Property Known as the Harmonyfl-25 Rezoning, due to a conflict of interest.
***END CONSENT***
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt all items
not withdrawn from the Consent Calendar. Yeas: Poppaw, Horak, Weitkunat, Troxell, Campana,
Overbeck and Cunniff. Nays: none.
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Conniff stated additional information has been garnered regarding the Addition
of a Permitted Use issue with respect to Item No. 6, Second Reading of Ordinance No. 086,
2014, Making Various Amendments to the Land Use Code.
Staff Reports
Amanda Nagel, Neighborhood Administrator, discussed the public outreach effort with regard to
the Buckingham, Alta Vista, and Andersonville neighborhoods and the responses to a survey of
homeowners and residents.
Councilmember Reports
Councilmember Campana reported on a meeting with CSU, regarding parking and long-term off -
campus parking.
Mayor Weitkunat reported on the Colorado Municipal League meeting in Breckenridge.
Councilmember Troxell noted Mayor Weitkunat serves on the Executive Committee of Colorado
Municipal League and reported on some of the sessions he attended regarding Urban Renewal
Authorities and tax increment financing.
Mayor Pro Tern Horak reported on the Larimer County Open Lands Board Advisory Committee
meeting and the possibility of the extension of the open space tax being placed on the November
ballot.
Ordinance No. 083, 2014,
Appropriating Prior Year Reserves in the Benefits Fund
for the Employee Wellness Center, Adopted on Second Reading
The following is the staff memorandum for this item.
H
"EXECUTIVE SUMMARY
This Ordinance, unanimously, adopted on First Reading on June 3, 2014, appropriates funds
from the Benefits Fund reserves for facility/infrastructure enhancements and start-up costs for
the Employee Wellness Center (commonly referred to as an Onsite Clinic).
A recital statement regarding the location of the Onsite Clinic is deleted from the Ordinance for
Second Reading. The location of the Onsite Clinic may or may not be at 256 West Mountain.
Further review of this location is being conducted by the City's Operations Services stay.
Additional City -owned building options are available and will be included with the final review.
In all of the options being considered, the requested funding is still needed to renovate the space
once a final location is selected. "
Councilmember Overbeck asked about a strike -out in the Ordinance regarding the location of the
clinic..
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Amy Sharkey, Human Resources Department, stated a location for the wellness center had been
identified; however, potential plumbingissues were discovered, leading to the strike -out of the
location in the Ordinance. She stated other City1acilities are being discussed for the location of
the Wellness Center. She stated she does not anticipate additional -funds will be needed.
Councilmember Overbeck asked how many employees will be served by this Wellness Center.
Sharkey replied it is currently designed to open with participation from those employees and
family members age six and up that participate in the Employee Medical Plan.
Councilmember Overbeck asked if a privacy policy is in place. Sharkey replied all HIPAA laws
will be followed.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 083, 2014, on Second Reading. Yeas: Horak, Weitkunat, Troxell, Campana, Overbeck,
Cunniff and Poppaw. Nays: none.
THE MOTION CARRIED.
Ordinance No. 095, 2014,
Amending the Zoning Map of the City by Changing the Zoning Classification for that
Certain Property Known as the Harmony/I-25 Rezoning, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to rezone 264 acres located at the southwest corner of Harmony Road
and Interstate 25 from Transition (T) to Harmony Corridor (H-C) and Rural Lands (R-U-L), in
accordance with the Comprehensive Plan (City, Plan).
BACKGROUND / DISCUSSION
The property was annexed and zoned on October 6, 2009 as the Riverwalk Annexation. The
property was held in the T, Transition zone district at die time of annexation, as the former
owner was continuing to explore possible alternative land use and zoning concepts.
The T zone is a holding zone for properties where there are no specific or imminent plans for
development. No additional development is permitted in the zone. It is typically used to allow
property owners and the City to consider zoning alternatives while the property is held in the T
zone.
Any rezone request for property in the T zone is treated differently than other. rezone requests,
because the T zone specifies requirements for the City to process the request quickly. Section
.4.12(B)(2) of the Land Use Code states:
"The owner of any property in the T District may at any time petition the City to remove
the property from this zone district and place it in another zone district. Unless the
following time limitations are waived by the petitioner, any such petition shall be referred
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to the Planning and Zoning Board to be considered at the next regular meeting of such
board which is scheduled at least thirty (30) days from the date the petition is filed with
the City Clerk. Within sixty (60) days from the date the matter is considered by the Board,
the City Council shall change the zoning for the property in question to another zone
district authorized under this Article. "
The current request was received April 4, 2014; the Planning and Zoning Board considered the
item at its May 8 Hearing. The Board forwarded a recommendation gf'approval to City Council,
on the Board's consent agenda.
Typically, requests to rezone property out of the T zone into zone districts that are in accordance
with the City Structure Plait, are routine procedural matters.
Subject Area
The subject area extends one mile southward from Harmony Road to Kechter Road, and nh mile
westward from Interstate 25 to Strauss Cabin Road. This area is divided into a north half and a
south half for zoning purposes. '
The adopted Harmony Corridor Plan provides policy guidance for land use in the north half of
the subject area. It shows a land use designation of "Basic Industrial Non -Retail Employment
Activity Center", which is a specific designation that is implemented by H-C, Harmony Corridor
zoning; thus, the requested zoning is consistent with the plan. The Harmony Corridor Plan
further describes this area as a community gateway with special opportunities to emphasize the
Poudre River valley landscape setting in any future land use and development.
This policy guidance from the Harmony Corridor Plan is reflected in City Plait, with its map of
future land uses called the City Structure Plan. The specific tenninology on the City Structure
Plan map is. slightly different front the Harmony Corridor Plan, but the meaning of the
designations is consistent.
City Plan provides the policy guidance for land use in the south half of the subject area. The
City Structure Plan shows a designation of Rural Lands, to which the requested zoning.
corresponds.
FINANCIAL / ECONOMIC IMPACTS
Staff finds no direct financial or economic impacts resulting frmn the requested rezoning.
The rezoning would implement the Harmony Corridor Plan and City Plan, which both reflect
community consideration of economic issues as part of balanced comprehensive planning.
ENVIRONMENTAL IMPACTS
The physical environment will not be directly impacted by the requested rezoning. Rezoning will
enable ensuing submittal of development applications, and development plans are required to
comply with Land Use Code standards for development, including Environmental and Natural
Area Protection standards to address potential environmental impacts.
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BOARD / COMMISSION RECOMMENDATION
On May 8, 2014, the Planning and Zoning Board voted .unanimously to support a
recommendation to City Council to approve the proposed rezoning. The recommendation was
part of the Planning and Zoning Board Consent Calendar and was not discussed.
PUBLIC OUTREACH
No neighborhood meeting was required for this rezoning. No known controversy or
neighborhood impacts are involved with the rezoning. Any subsequent development applications
are required to comply with Land Use Code standards for public involvement in development
review. "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 095, 2014, on First Reading. Yeas: Weitkunat, Troxell, Overbeck, Cunniff, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Ordinance No. 090, 2014,
Appropriating Unanticipated Revenue in the Stormwater Fund to
Design and Construct the Fort Collins / Timnath Boxelder Creek
Flood Mitigation Projects, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 3, 2014, by a vote of 4-3 (Nays: Cunniff,
Overbeck Poppaw), appropriates funds in the amount of $3,750,000 to design and construct the
Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth Amendment to the
Fort Collins - Timnath Intergovernmental Agreement (IGA), as adopted by City Council under
Ordinance No. 047, 2014 on April 1, 2014. "
Mayor Pro Tem Horak made a motion, ,seconded by Councilmember Campana, to adopt
Ordinance No. 090, 2014, on Second Reading.
Mayor Pro Tem Horak stated not passing this Ordinance would result in the City not following
through on its promises.
The vote on the motion was as follows: Yeas: Troxell, Campana, Horak and Weitkunat. Nays:
Overbeck, Cunniff and Poppaw.
THE MOTION CARRIED.
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Ordinance No. 098, 2014,
Amending Article III of Chapter 12 of the City Code Pertaining
to Smoking in Public Areas, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to propose expansions to the City's Smoking Ordinance to include
electronic smoking devices and 100% smoke free hotel/motel rooms.
This item proposes two City Code amendments to expand the City's Smoking Ordinance:
1. Prohibit the use of electronic smoking devices in all places where conventional smoking
is prohibited.
2. Require 100% of hotel/motel rooms to be smoke free.
This item provides background information, community feedback, and information about actions
taken in other, communities.
BACKGROUND I DISCUSSION
History
In 1984, Fort -Collins was the first city in Colorado to pass a comprehensive smoking ordinance.
The ordinance limited smoking in public buildings and required restaurants to have no -smoking
sections. In 2003, Fort Collins was one of the first communities in Colorado to designate bars,
restaurants, and workplaces as smoke free. The Fort Collins' Smoking Ordinance was amended
in 2006 to conform to the Colorado Indoor Clean Air Act which helped the community regulate
smoking in all indoor public places. Fort Collins expanded the smoking ordinance in 2013 to
prohibit smoking in outdoor dining areas, bar patios, and Transfort's public transit facilities.
During the April 8, 2014 City Council Work Session regarding additional smoking ordinance
expansion options, Council directed staff to move forward with the following:
1. Prohibit the use of electronic cigarettes and vaporizing devices in all places where
conventional smoking is prohibited
2. Require 100% hotel/motel rooms to be smoke free.
3. Ban smoking in all parks, trails, and natural areas.
4. Prohibit smoking at public events and festivals.
5. Make Old Town/Downtown area smoke free.
This item focuses on the first two items - electronic cigarettes and vaporizing devices and 100%
hotel/tnotel rooms. The other items are scheduled for City Council consideration on October 7,
2014.
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1. Electronic Smoking Devices
Electronic smoking devices are not currently regulated within the city. This proposal adds
electronic smoking devices to the smoking ordinance banning their use from all areas where
conventional smoking is prohibited. This includes bars, restaurants, workplaces, outdoor dining
areas, bar patios, and transit facilities.
The Food and Drug Administration (FDA) is beginning to consider regulation of electronic
smoking devices. They have recently proposed regulations that would require registration with
the FDA, not allowing free samples, minimum age requirements, and ingredient disclosure.
They are currently in a 75 day public comment period.
Electronic cigarettes or vaporizers are devices that vaporize and deliver to the lungs of the user
a chemical mixture composed of nicotine, propylene glycol and other chemicals. (See
Attachment 1) Some e-devices are offered without nicotine, and some are offered in candy or
fruit flavors that can be attractive to youth. When users inhale, a battery operated vaporizer
heats a liquid solution into'a vapor. E-devices are also being used with highly concentrated
marijuana oil or wax, and may provide a discreet way of using marijuana in public settings.
While vapor from electronic devices likely contain fewer toxins and carcinogens than those
found in traditional tobacco smoke, this alone does not mean that breathing e-cigarette vapor is
"safe. " One recent study examined secondhand emissions from several e-cigarette brands and
found that e-cigarette users not only ingest but also emit toxins and harmful ultrafine and fine
particles, posting potential health risks to those nearby.
Although the long-term effects of electronic smoking devices require further study, the FDA has
found that some devices contain toxins and carcinogens and has expressed concerns about their
safety. Use of electronic devices and vaporizers, particularly in places where conventional
smoking is prohibited; may interfere with smokers' attempts to quit by making it easier for them
to maintain their nicotine addiction. Children and youth who experiment with electronic devices
may become addicted to nicotine and ultimately switch to smoking cigarettes. Even small
amounts of liquid nicotine used in refillable devices can be poisonous to children.
The use of electronic smoking devices may be visually similar to the smoking of cigarettes, and
has already been observed in locations where smoking is prohibited, creating concern and
confusion. The use of electronic smoking devices where smoking is prohibited may increase the
social acceptability and appeal of smoking, particularly for youth. Staff has spoken with several
bar and restaurant managers who have confinned electronic smoking devices being used in their
establishments. Some have decided not to allow their use in their establishment, while others are
waiting for direction from the City.
Several state and local governments have decided to regulate the use of electronic smoking
devices (Attachment2):
• Utah, New Jersey, and North Dakota - passed legislation prohibiting e-cigarettes wherever
regular smoking is banned
• 10 States (including Colorado) - passed legislation regulating e-cigarette use in certain
places such as school property and State workplaces
• Nationally, 172 municipalities (including large metropolitan cities like New York and
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Chicago) include e-cigarettes in their local smoking ordinances.
The Fort Collins smoking survey conducted in March 2014 (See Attachment 3) had more than
2,100 respondents and asked: Do you think electronic smoking devices should be regulated in
the same manner as regular smoking products? The results show:
• Yes 48%
• No 30%
• No Opinion 22%
Additionally, the City hosted a public open house to gather more input. Approximately, 35
people provided input either in person or in writing. (See Attachment 4) The input regarding
electronic smoking devices were mixed with some people in favor of regulating then while others
opposed regulation because of the lack of evidence showing negative health impacts to
bystanders.
The TobacNO Youth Coalition provided a statement of support to limit public use of e-cigarettes
(Attachment 5).
Additionally, the Larimer County Board of Health voted to support adding electronic smoking
'devices to the city's smoking ordinance (Attachment 6).
2. 100% Hotel/Motel Rooms
The current Fort Collins Smoking Ordinance aligns with the Colorado Clean Indoor Air Act,
requiring at least 75% of hotel or motel rooms to be non-smoking. Additionally, the City's
smoking ordinance prohibits smoking within 20 feet of any entryway; all other outdoor areas are
not required to be smoke free. If Council chooses to adopt it, this proposal would require 100%
of hotel/motel rooms be sinoke free. The primary benefit of this requirement would be to protect
hospitality industry workers who may have considerable exposure as well as other patrons.
In 2006, the U.S. Surgeon General's report determined there was no risk -free level of
secondhand smoke. The 2014 Surgeon General's report expanded the list of diseases and
adverse health effects caused by secondhand smoke and, for the first time, linked secondhand
smoke exposure to strokes in adults. Tobacco smoke exposure is especially dangerous for the
health of children, pregnant women, and persons with chronic diseases who might visit local
hotels/motels as well as hospitality workers who may have considerable exposure during work.
Of recent concenz is third -hand smoke, the tobacco residue from cigarettes, cigars, and other
combustible tobacco products that is left behind after smoking and built up on surfaces and
furnishings. These sticky, highly toxic particulates, like nicotine, can cling to walls and ceilings
and be absorbed into carpets, draperies, and other upholsteries. Nicotine remains on surfaces
for days and weeks, so carcinogens continue to be created over time, which are then inhaled,
absorbed, or ingested. Though the effects of third -hand smoke are not yet clear, a 2013 study in
hotels found that when a hotel allows smoking in any of its rooms, the smoke gets into all of its
rooms.
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Nationally, the following have 100% smoke free hotel/motel room requirements (Attachment 7):
• 98 municipalities (none in Colorado)
• 5 states (Indiana, Michigan, Nebraska, North Dakota, and Wisconsin)
• Many large hotel chains (including Marriott, Westin, and Comfort Inn).
The Fort Collins smoking survey (Attachment 3) asked: Do you think 100% of'hotellmotel rooms
in the City of Fort Collins should be smoke free? The results show:
• Yes 56%
• No 34%
• No Opinion 10%
Additionally, input received at the public open house was mixed on this topic. Some believe that
hotels/motels should be 100% smoke free while others believe it should be up to the business
owner to decide (Attachment 4).
The Larinter County Board of Health voted to support adding the requirement that all
hotel/motel rooms in the City of Fort Collins city limits be 100% smoke free inside (Attachment
6).
There are currently five hotels/motels in Fort Collins that allow smoking in their guest rooms.
Staff reached out individually to each of them and spoke with the owner and/or manager in an
effort to understand their concerns, what could make it easier for then[, and what timeframe they
would need to make the transition to 100% smoke free rooms if Council chooses to adopt this
ordinance. The responses were:
• One motel is currently moving toward converting its smoking rooms to non-smoking rooms.
They only have one more room to convert, so they do not believe this will be a problem for
them. They would not like the City to ban smoking on their entire property as they would like
to provide an outdoor smoking place for patrons.
• One motel is planning to use the fall to convert their smoking rooms to non-smoking rooms
(they would like to do this while the North College road construction is occurring). They did
not have concerns about the ordinance, but they would like to have until January P before
the ordinance becomes effective.
• One motel stated that they are fine with the changes happening and it doesn't matter to them
what the timing is. Their longer -term guests usually stay in their smoking rooms, but they
have cleaned up their motel a lot in the past couple of years and are continuing to make
improvements. The owner would be happy to go smoke free because she has health issues
that are further impacted by smoke. They are more concerned about the North College road
construction and lack of parking than a smoking ban.
• One of the motels is a national chain specifically marketed,for extended stays. They would
need to comply with their corporate policies if they are required to go 100% smoke free.
They have a lengthy process to get approvals to build an outdoor structure for smokers
which they would want to provide. A delayed implementation date would be helpful.
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• One motel is extremely concerned and believes his business would not survive if Council
approves this ordinance. Most of his customers are extended stay (more than a couple
nights) and are smokers. He believes that this should be his decision; not the City's.
Based on this input, staff recommends an implementation date of January 1, 2015 if Council
chooses to adopt the 100% hotelmotel smoke free rooms amendment.
.FINANCIAL / ECONOMIC IMPACTS
There are no financial impacts to the City. Enforcement will be done in the same manner with
the same staff as it is currently done for both of these potential amendments. Education and
outreach will be conducted by current staff.
There may be some financial/economic impact to the five (5) hotelsbnotels that currently allow
smoking. The impact could be negative or positive.
ENVIRONMENTAL IMPACTS
There would be improved air quality in hotels/motels than currently allow smoking.
PUBLIC OUTREACH
The City engaged in public outreach in an effort to understand the level of community support
for expanding the smoking ordinance to include prohibiting electronic smoking devices in all
places where conventional smoking is prohibited and require 100% of hoteUmotel rooms to be
smoke free (Attachment 8).
Public engagement efforts included:
• Oh -line informal survey - February -March 2014 - over 2,100 responses
• Public Open House - May 22, 2014
• Email communications of response to public open house
• One-on-one meetings with hotel/motel ownershnanagers
• Site visits
• Social media, press release, and website. "
Beth Sowder, Neighborhood Services Manager, stated this item proposes two amendments to
extend the City's current smoking Ordinance. One would prohibit the use of electronic smoking
devices in all places where regular smoking is not allowed and the other would require that 100%
of hotel and motel rooms be smoke free. Sowder detailed the history of smoking regulations in
Fort Collins and the results of public outreach regarding the topics.
Cathy Choi, Tobacco No Youth Coalition, stated electronic cigarettes send a negative message to
youth and have been found to contain dangerous chemicals.
Jillian Brewer, Tobacco No Youth Coalition, opposed electronic cigarettes as being the same as
regular cigarettes.
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Councilmember Cunniff asked why these items have come prior to other smoking related items.
Sowder replied additional public outreach will be required for the other items.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 098, 2014, on First Reading.
Mayor Weitkunat requested an amendment to the Ordinance to return Section 2(a) to the
Ordinance with a 20% figure for the allotment of smoking rooms. She expressed concern
regarding the effect of this Ordinance on international visitors and extended stay occupants. No
second was offered.
Councilmember Troxell asked about the exception mentioned in the Ordinance. City Attorney
Roy stated there is an exception established which is limited to retail tobacco businesses rather
than guest rooms in lodging establishments.
Councilmember Troxell asked how marijuana smoking applies to this Ordinance. City Attorney
Roy replied marijuana smoking is regulated along with tobacco smoking under the same terms
and conditions.
The vote on the motion was as follows: Yeas: Campana, Overbeck, Cunniff, Poppaw, Horak and
Troxell. Nays: Weitkunat.
THE MOTION CARRIED.
Ordinance No. 099, 2014,
Amending Chapter 12 of the City Code to Establish Regulations
Regarding Disposable Bags, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to review a proposed ordinance that would require grocers to charge
10 cents for both single -use disposable plastic and paper bags at the check-out stand. All
revenues from the sale of bags would be retained by the grocers, who would be required to use
50% of revenues to purchase durable shopping bags to he distributed for free to customers
BACKGROUND / DISCUSSION
Since 2012, Fort Collins has investigated how.to reduce the use of disposable bags in our
community. The Council has received three staff reports (February 2013, March 2013, and May
2014) about options available for local jurisdictions to stem the flow of waste that is produced by
single -use shopping bags.
The 2013 proposal for a disposable bags fee ordinance was defeated oil a split vote by City
Council (3-3); it would have required grocers to charge a fee of 10 cents per single -use
disposable plastic or paper bag, with the revenue to be split between grocers and the City. At
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the May 13, 2014 work session, staff presented a modified version of the ordinance. Council
offered comments and requested staff to bring the ordinance back for adoption.
As written, the proposed ordinance:
Requires grocers to apply a minimum cost of 10 cents per single -use disposable plastic or
paper bag at the check-out register
Strictly definer the disposable bags as those used to bag up purchases at the
point -of -sale and exempts other types of packaging such as produce bags used to
contain bulk goods, and plastic bags used to prevent packages of meat from
leaking
• Provides that all revenue would be retained by merchants
Grocery stores will be required to spend a specified portion (50%) of revenues
generated from sales of disposable bags to purchase durable bags that would then
be offered at no cost (free) to their customers.
The twenty-year history of regulations that have arisen to counter the flow of single -use bags
entering the waste stream is well documented. Around the world and throughout the US,
demonstrable reductions are shown to occur when restrictions are placed on the consumption of
disposable bags; people become accustomed to bringing their own durable cloth or woven -
plastic types of bags to hold shopping purchases.
Typically grocery stores are targeted because of their 60% share in communities' bags usage.
In communities where mature programs have shown great success, such as San Francisco,
regulations may, be expanded to include other types of merchants/retailers. As discussed at
previous Fort Collins City Council meetings, the number of US communities that have adopted
restrictions on plastic and paper bags continues to grow. It includes a broad geographic
distribution of cities from Washington, D.C., to Austin and Dallas, TX, Basalt, Aspen, Telluride,
and Boulder in Colorado, San Jose, CA, Montgomery County, MD, and most recently Chicago.
In a compelling illustration of effectiveness, Boulder's 10-cent/bag ordinance has achieved a
68% reduction in single -use bags since it went into effect in Judy 2013.
Fort Collins' ordinance is not aimed at banning plastic bags (nor paper ones), which is another
approach that has been taken elsewhere. In Fort Collins, grocery store customers will continue
to have a choice to receive disposable shopping bags as long as they are willing to pay for them
along with their other purchases.
The purpose of adopting a local ordinance is to prevent the negative impacts that are attributed
to disposable bags:
• Contributing to the volume of discarded material that enters landfills, albeit a nominal
amount of about 220 tons per year in Fort Collins
• Climate change: a source of 772 metric tons of carbon dioxide equivalent (CO2e) emitted
from Fort Collins
• Litter and habitat degradation, including in natural areas and water conveyances
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• Reduction in value of recyclables (plastic bags are a contaminant when mixed with
single -stream items such as paper, cans and bottles), and
• Excessive maintenance costs at recycling plants, where plastic bags routinely tangle up
conveyer belts and equipment.
Information from the literature is often used to define how many disposable bags, on average,
most people use since actual data from the grocery industry, which. is reluctant to impart
proprietary information, is difficult to obtain. Brendle Group, a local consulting firm hired by
the City to evaluate options for reducing consumption of single -use bags in October 2012,
reported that an annual 342 bags per capita are used in Fort Collins, of which 60% (205 bags)
come from grocery stores. It may be easier to reconcile each person's experience with this
number when it is broken down to four bags per week. Nonetheless, the total number of bags
estimated to be used in Fort Collins yearly - over 52 million - is so large as to be hard to
comprehend.
Finding alternatives to single -use products such as disposable bags is an important objective of
Fort Collins' 2013 Road to Zero Waste Plan and adopted Zero Waste goals for the community.
Learning new habits to use durable bags is the first step toward other new "reuse" patterns that
become incorporated into people's daily lives
Adoption of the ordinance is expected to have the following results:
• Encourage source reduction and re -use, leading to expanding efforts to other products
• Help meet goals to divert trash from landfills and reduce greenhouse gas emissions
• Reduce "life -cycle" impacts of single -use bags - such as impacts from material
extraction and production -- by transitioning to a bag type with lower life cycle impacts
• Reduce litter and pollution in the community, and globally, including plastic bags in trees
and waterways.
FINANCIAL / ECONOMIC IMPACTS
A cost of 10 cents per shopping bag will create a new income stream for the 20 grocery stores in
Fort Collins - as much as $1.6 M in the first year of implementation. As the table below shows,
half of this revenue applied to the purchase of durable bags suggests everyone in the community
could potentially receive at least three free durable shopping bags in die first year.
Estimated Revenue rom Sales of Dis osable Grocer Check-out Bags
2014
2015
2016
Fort Collins' population (DOLA
projections)
154,131.00
156,982.42
159,886.60
Estimated number of disposable bags used
at 342/person year (assumes reduction by
half every year due to behavior change)
52,712,802.00
26,843,994
13,670,304
Number of bags (60%) from grocery stores
31,627,681.20
16,106,397
8,202,182
Charge per disposable bag sold
$.10
$.10
Revenue generated at grocers from bag fee
$1,610,640
$820,218
Percent of revenue to be spent by grocers
on purchase of reusable bags
50%
50%
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Amount of revenue available to be spent on
purchase of reusable bags
$805,320
$410,109
Number of reusable bags that could be purchased by grocers using disposable bags revenue
$0.35/bag
12,300,914
1,171, 740
$0.751ba
1,073,760
546,812
$1.501bag
1536,880
273,406
Annual number offtee reusable bags available per citizen
$0.35/bag
15
7
$0.751bag
7
3
$1.50/bug
13
2
Staff anticipates that distribution of free bags mazy be ac•cmnplished various ways, at the
discretion of the grocery stores, such as rewarding customers who have earned "loyaltypoints",
as part of special promotional events or sales, or, supplying bags to certain customer groups
(e.g., in support of food distribution at local food pantries). The City intends to offer grocers
durable -bag logo design options but not to require that they use a prescribed design.
Oil the other hand, at 10 cents per bag, it could cost the average citizen as much $20.52 per year
in new costs if they elect to not switch to using durable shopping bags.
The benefits of having fewer disposable bags to clean up in public areas will save the City
money; however, staff is unable to quantify the costs savings to overall litter programs from a
reduced number of disposable bags. Having fewer disposable bags will also save money at
recycling plants in Denver, where Fort Collins' recyclables are taken for processing, and will
improve their efficiency and profit mairgin.
ENVIRONMENTAL IMPACTS
An ordinance restricting the use of single -use disposable bags will have a small but measurable
impact oil the community's waste stream. According to Brendle Group, an estimated 220
tons/year of plastic bags from Fort Collins are sent to landfills for disposal, which represents
0.2% of the waste stream that Fort Collins sends for landfill disposal (no data were available for
disposable paper bags).
Both single -use plastic and paper bags cause other types of environmental damage. Plastic is a
very visible problem in maritime states and communities, where a serious consequence of plastic
bag pollution is lethal harm to marine life that ingests bags or get tangled in them, and plastic
litter can float around (for example, in large garbage "patches" that have now been found in all
the world's oceans) and wash onto shores. For landlocked Fort Collins, plastic bag litter may
disappear with the wind or be broken down by sunlight and weather into smaller pieces. These
bits of plastic are still pollutants, even if they don'tresemble the bags they started off as;
however, the magnitude of environmental problems caused by plastic particulates in the soil and
other substrates are poorly understood.
On the other hand, critics of restrictions on bags will point out that replacement bags, such as
cotton fabric bags, create their own carbon footprint and may not be environmentally
sustainable because of reliance on fertilizer, pesticides, and herbicides. The report by Brendle
Group concluded that reusable bags made from cotton or non -woven plastic have lower life-
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cycle impacts across these categories than my single -use bag (assuming the bag is used many
(imes). According to a 2007 report by Sustainability Victoria (Australia), which compared life
cycle analyses of shopping bag alternatives, reusable, noh-woven plastic (polypropylene) bags
were found to achieve the greatest environmental benefits. That study reported that "reusable
bags have lower environmental impacts that all of the single -use bags; a substantial shift to
more durable bags would deliver environmental gains through reductions in greenhouse gas,
energy and water use, "resource depletion and litter. "
While plastic "film" bags and paper shopping bags are both recyclable, there is insufficient data
on bag consumption and recycling quantities to estimate their current recycling rate in Fort
Collins. There are at least 25 sites where plastic bags are locally accepted for recycling,
including all grocery stores in town.
Paper bags are widely recyclable, not only at public drop-off locations but also in single -stream
curbside collection programs offered by residential haulers.
Social Impacts
One of the most oft -heard arguments againsi changing to'durable bags is the potential for
pathogens such as bacteria to be carried on the cloth bags brought into stores by.shoppers to
hold their purchases. Two articles published in the US in 2012 brought this issue to light, which
has caused some to be concerned about the spread of health epidemics. While staff has been
unable to find any science -based research or evidence that correlates reusable bags with human
health impacts, there is no question about the importance of regularly washing durable bags.
This is an important message to underscore, along with the suggestion that shoppers may wish to
designate a specific bag to be used to hold any meat purchases.
Charges for disposable bags may be waived by grocery stores for shoppers who use food stamps.
Another way to minimize negative impacts on low-income citizens is for stores to donate durable
bags to organizations like the Fort Collins Food Bank for use in distributing free food.
Enforcement
An implementation date of January 2015 is recommended to allow grocers to prepare for the
requirement to charge for shopping bags.
A violation of the proposed ordinance will constitute a civil infraction. In the first few months of
implementation, it would be appropriate to apply an educational approach that ensures grocers
understand the new requirements; followed later by enforcement (citations) if/when compliance
is not achieved. As part of the ordinance, grocers will be required to provide data to the City on
the number of disposable bags sold to customers; this information will allow Environmental
Services staff to monitor stores' implementation actions.
Implementation
III order to provide awareness about the new program to decrease the use of disposable bags, a
contest will be held to create attractive, fun, and Fort Collins -specific artwork to decorate
durable bags.
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Staff will research bag manufacturers' products and select a sturdy, good quality bag that can be
ordered in bulk quantities at a price of around $1.00 each (or lower, if manufacturers call
deliver a washable bag that meets the City's specifications for durability).
Throughout the summer, staff will solicit entries in the art contest, with the goal of awarding a
winner in September/October. The resulting artwork/graphics will be prepared for use on bags
and an order will be placed by the City for as many as 6,000 durable bags to be given away to
citizens later in the year, in anticipation of the ordinance going into effect in January 2015.
Grocers, and other merchants and retailers, will be invited to use the contest -winning artwork on
the bags they purchase for distribution to their customers. (Staff has learned that some stores
are willing to consider this offer, while others are unable to make a commitment to print a Fort
Collins -.specific bag until and unless they receive corporate approval.)
BOARD / COMMISSION RECOMMENDATION
At its April 16, 2014 meeting, the Natural Resources Advisory Board (NRAB) unaninnously
recommended that Council move forward with an ordinance regulating single -use disposable
bags.
PUBLIC OUTREACH ,
During 2014, a variety of public engagement methods were used to obtain comments about the
proposal to limit disposable bags. On multiple occasions, letters and e-mail messages were sent
to grocery store representatives to inform them of the City's interest in adopting local
restrictions on disposable bags. In March, two.press releases were issued and a "soapbox"
article was published in the Coloradoan, as well as e-newsletter articles. An Open House was
held on April 3 to allow the public to discuss its comments directly with staff: A dedicated web
page was maintained that allowed people to enter comments on-line and comments were also
received through Twitter and Facebook messages. After the May 13 work session and in
advance of the July I hearing, staff again communicated with the grocery store industry and
local stores to apprise them of final recommendations for the proposed ordinance. "
Lucinda Smith, Environmental Sustainability Director, stated finding alternatives to single -use
disposable bags is an important step in the Road to Zero Waste plan and Council's goals to
reduce waste in the community. She noted the proposed Ordinance will require grocers to use
50% of the bag fee revenue to provide free durable bags; however, given that the income from
the bag fee will decrease over time, there will be a limit to the number of free durable bags
grocers will be required to provide.
Susie Gordon, Senior Environmental Planner, discussed the history of the disposable bag fee in
the City and the variety of approaches to the issue in other communities. The proposed $0.10 fee
per bag would not apply to produce or meat bags and the Ordinance would not apply to
convenience stores. The estimated revenue of the program will likely be a declining source of
revenue. Gordon also discussed the proposed outreach, should the Ordinance pass.
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Arlene Samuelson, Fort Collins resident, objected to the Ordinance as being an overreach of
government's role and questioned who will regulate and monitor the program.
Joe Piesman, Natural Resources Advisory Board Chair, supported the Ordinance.
Jennifer Damir, 1218 Cliffrose Court, opposed the Ordinance as taking away rights of citizens.
Asma Henry, 1423 West Mountain, supported the Ordinance.
Mike Pruznick, Fort Collins resident, questioned the legality of the Ordinance and supported the
use of biodegradable bags.
Mary Lou Chapman, Rocky Mountain Food Industry Association President, opposed the
Ordinance as written and requested that each store be treated equally with no mandate as to how
to spend the funds. 1.
Rob Cagen, 1225 Buttonwood, Natural Resources Advisory Board, supported the Ordinance.
Nate Barnes, Fort Collins resident, opposed the Ordinance.
Jeff Bailey, Fort Collins resident, opposed the Ordinance.
Nila Kruel, Fort Collins resident, opposed the Ordinance and expressed concern regarding
cleanliness.
Eric Sutherland, 3520 Golden Currant, opposed the Ordinance stating this will encourage
individuals to shop in Timnath.
Hunter Harms, Fort Collins resident, opposed the Ordinance.:
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Cunniff noted the stipulation that participants in federal or state food assistance
programs would be exempt from the disposable bag fee. Additionally, he asked how many
reusable bags would be provided by retailers. Gordon replied the number of bags distributed
would be left to the discretion of the store.
Councilmember Cunniff asked if a deposit/return type program was considered. Gordon replied
that would require a redemption center and noted it does not occur for bags in other
communities.
Councilmember Troxell questioned the scope of the problem and asked about the recycling of
plastic bags. Gordon replied the plastic film recycling market is slowly emerging but the
recycled product is salable.
Councilmember Troxell asked why all retail stores are not being targeted if a reduction in bags is
the goal. Gordon replied Council has the prerogative to not limit the Ordinance to just grocery
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stores; however, grocery stores are often the first target of these types of regulations as 60% of
plastic bags come from grocery stores.
Councilmember Troxell asked how lower income residents will be addressed. Gordon replied all
residents can learn the same habits to use durable bags.
Councilmember Troxell asked about grocers who refund durable bag users of their own volition.
Gordon replied the stores would have the option to make these two issues mutually exclusive.
Councilmember Troxell argued Fort Collins' bags have-not been proven to affect sea creatures.
Gordon replied there is no data as to where Fort Collins' wind-borne bags land.
Mayor Weitkunat asked about the primary purpose of this regulation. Gordon replied this
Ordinance is very consistent with the City's zero waste goals which are meant to be applied to
the entire hierarchy of waste, including reduction and reuse, not simply recycling.
Mayor Weitkunat questioned why all retail stores were not included in the Ordinance. Gordon
replied the widely used approach throughout the country is to begin the focus on grocery stores.
Mayor Weitkunat questioned the difference between users buying bags to line trash cans versus
reusing grocery bags. Gordon replied the Ordinance will place the option to buy bags with the
consumers.
Mayor Pro Tern Horak asked if other communities have done research on the compensatory
plastic bag issue. Gordon replied she did not come across any data that establishes a correlation
between the increase of plastic bag sales and plastic bag fees.
Councilmember Cunniff asked if it would be possible to raise the amount dedicated to beneficial
uses, including bag recycling, to 75% of the fees collected. Gordon replied that is the
prerogative of Council.
Mayor Pro Tern Horak requested additional information regarding grocery stores' administration
costs prior to Second Reading.
Mayor Weitkunat asked about the costs and policies relating to enforcement. Gordon replied the
enforcement has been determined to reasonably fall under the purview of the Neighborhood
Resources staff and grocery stores will not want to be caught out of compliance. City Manager
Atteberry stated he would further research the enforcement cost issue prior to Second Reading.
Councilmember Overbeck discussed the plastic bag fee in place in Breckenridge, where,
according to staff, a 50% reduction in the use of disposable bags has occurred.
Councilmember Campana stated the Road to Zero Waste needs to include policies such as this,
despite the difficulty in making the decisions.. He stated consumers still have the right to
purchase plastic bags.
Councilmember Campana made a motion, seconded by Councilmember Poppaw, to approve
Ordinance No. 099, 2014, on First Reading.
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Councilmember Cunniff commended Councilmember Campana's comments and discussed the
impact of plastic bags on local wildlife. He stated this is an important, prudent step in this
process.
Councilmember Overbeck stated this is a bag fee and not a tax.
Councilmember Troxell stated businesses should be able to make their own decisions and
supported a volunteer approach.
Mayor Pro Tent Horak requested additional information regarding the low income issue and
program administration costs prior to Second Reading. Additionally, he supported outreach
regarding expanding the program to additional retailers.
Councilmember Cunniff requested additional wording regarding the distribution of reusable bags
prior to Second Reading.
City Attorney Roy requested additional information regarding the requests for changes prior to
Second Reading.
Mayor Weitkunat opposed the use of a fee to accomplish the Road to Zero Waste goals. She
commended Fort Collins citizens' recycling and reuse efforts and supported an educational
approach.
The vote on the motion was as follows: Yeas: Overbeck, Cunniff, Poppaw, Horak and Campana.
Nays: Weitkunat and Troxell.
THE MOTION CARRIED.
Resolution 2014-056
Establishing a City Council Mail Redevelopment Committee to Advise
the City Manager in Connection with the Redevelopment and
Reimbursement Agreement for the Redevelopment of Foothills Mall, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to form a three -member committee of Councilmembers, to be known
as the "Mall Redevelopment Committee, " to be available to the City Manager for assistance
with the implementation of the Foothills Mall Redevelopment and Reimbursement Agreement.
BACKGROUND/DISCUSSION
On May 6, 2014, the City Council approved the First Amendment to the Foothills Mall
Redevelopment and Reimbursement Agreement. The First Amendment modified certain terms
and conditions related to the issuance of the District Bonds, increased the mechanisms for
oversight of certain performance requirements by the City, and clarified the level of
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administrative authority of the City Manager to interpret and amend the Agreement. It was also
determined that a resolution would be brought forward at a later date establishing a "Mall
Redevelopment Committee ". This Resolution establishes the role and responsibilities of the Mall
Redevelopment Committee.
Due to the complexity of the Mall redevelopment project, it is expected and understood that the
specific details of the Mall Project will continue to evolve, and the implementation of the
Agreement will require the City Manager to interpret and apply the terms of the Agreement and
work with the parties to manage project changes and challenges as they arise from time to time.
Resolution 2014-032 modified Section 25.5 and 26 of the Redevelopment Agreement to clarify
that the City Manager, in consultation with legal counsel, has the authority to amend the
agreement, provided there is no change or adverse impact to the City's financial interests or
substantial change to the scope or general character of the project.
As part of this clarification, the City Manager and the City Council believe that it would be
helpful for the City Council to form a three -member committee of Councilmembers, to be known'
as the "Mall Redevelopment Committee."
The purpose of the Mall Redevelopment Committee is to act as a conduit to the larger City
Council for information regarding the status of the project, and to be available to the City
Manager for feedback and advice in connection with administrative amendments to the
Redevelopment Agreement. It is intended that the Mall Redevelopment Committee be an advisory
group to the City Manager concerning potentialadministrative modifications per Section 25.5
and 26 of the Redevelopment Agreement.
The following is representative oj' the type of information that would be included within the
reports provided to the Committee and the associated discussions of the Committee (this is not
intended to be an exhaustive list):
• Lease activity and flow of funds related to required leasing thresholds,- including
information regarding lease verification visits.
• Status of conditions precedent to bond issuance
• Status of construction schedule
• Status updates on performance of conditions (i.e. Youth Activity Center, Pedestrian
underpass, sustainability measures)
• Status update any requested administrative amendments to Redevelopment Agreement
• Provide opportunity for periodic site visits.
PUBLIC OUTREACH
This item was discussed during the May 6, 2014 City Council hearing on the First Amendment to
the Foothills Mall Redevelopment and Reimbursement Agreement. "
Mayor Weitkunat withdrew from the discussion of this item due to a conflict of interest.
City Manager Atteberry discussed the evolution and likely duties of the proposed Mall
Redevelopment Committee.
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Councilmembers Overbeck made a motion, seconded by Councilmember Poppaw, to approve
Resolution 2014-056, appointing Councilmembers Cunniff and Campana and Mayor Pro Tem
Horak to the Mall Redevelopment Committee.
Councilmember Troxell asked about the role of the Committee with regard to the role of Council
and asked if this Committee would be acting on behalf of the URA. City Attorney Roy replied
in the negative but stated the URA could form a similar Committee if desired.
Councilmember Troxell questioned whether or not this Committee would lead to
micromanagement.
Mayor Pro Tem Horak stated the advantage of the Committee is that it can meet more quickly
than the entire Council and stated the intention of the Committee will not be to micromanage.
The vote on the motion was as follows: Yeas: Cunniff, Poppaw, Horak, Troxell, Campana and
Overbeck. Nays: none.
THE MOTION CARRIED.
Adiournment
The meeting adjourned at 9:39 p.m.
ATTEST: OF FORT C�
SEAL
City Clerk
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Mayor