HomeMy WebLinkAboutMINUTES-11/05/2013-RegularNovember 5, 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, November 5
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: Campania, Conniff, Horak, Overbeck, Poppaw and
Troxell.
Councilmembers Absent: Weitkunat
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry requested that Item No. 10, Items Relating to West Vine Basin
Stormwater Improvements, be moved to the Discussion Agenda due to Councilmember
Campana's conflict on the item. Additionally, he announced a visit by Estes Park leaders who
are here to express their appreciation for assistance during and following the September floods.
Citizen Participation
Mel Hilgenberg, 172 North College, discussed the passing of Howard Welker, requested Council
consider assisting the County with upfront funds for flood relief efforts, opposed the proposed
'on -campus football stadium, and supported the placement of a parking garage on the site of the
current Denver Rescue Mission and the relocation of the Mission to the old club on Linden
Street.
Marge Griffin, Fort Collins resident, requested answers and information regarding the Boxelder
Stormwater Authority. She opposed the Authority and its plans for a darn on her property.
Maggie Weinroth, ASCSU, provided an update on ASCSU's fall cleanup efforts in the
community.
Leonard Urban, 1808 Cannes Court, discussed the Saturday Morning organization which aids
homeless in the community. He requested assistance from the City for advertising and possible
expansion.
Cheryl Distaso, Fort Collins Community Action Network, commended the work session
regarding the mosquito spraying issue.
Eric Sutherland, 3520 Golden Currant, opposed the Boxelder Stormwater Authority stating the
engineering, legalities in financing, and overarching concept are flawed and not in the public
interest. He suggested the City should respond with real answers. He also stated there is a
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significant problem with the DDA budget in that more property tax funds are going to the DDA
than authorized.
Citizen Participation Follow-up
Councilmember Troxell stated he would like CSU to host a legitimate public process with regard
to the proposed on -campus stadium and he would like Council to have the ability to visit other
on -campus stadium communities. He stated possible parking privatization would also need
public input and dialogue and expressed the importance of an intergovernmental agreement
between CSU and the City.
Councilmember Overbeck thanked the citizens for speaking and asked that Mr. Urban contact
him regarding the Saturday Morning organization.
Councilmember Conniff requested a work session discussion regarding the Boxelder issue.
Mayor Pro Tern Horak suggested a community outreach type of discussion prior to a possible
work session. He commended ASCSU for its fall cleanup efforts in the community and
requested staff provide resource assistance lists for Mr. Urban.
CONSENT CALENDAR
ANNUAL BUDGET -RELATED CONSENT ITEMS
1. Second Reading of Ordinance No. 138, 2013, Authorizing the Appropriation of 2014 Fiscal
Year Operating and Capital Improvement Funds for the Fort Collins -Loveland Municipal
Airport. .
The 2014 annual operating budget for the Airport totals $783,750, and will be funded from
Airport operating revenues, contributions from the Cities of Fort Collins and Loveland
($177,500 from each City), and interest earnings. As in 2013, this amount for each City is
$92,500 greater than the prior years' contributions of $85,000. For the City of Fort Collins,
the original $85,000 is funded from General Fund ongoing revenue, while the one-time
increase of $92,500 will be funded from General Fund reserves. This Ordinance,
unanimously adopted on First Reading on October 15, 2013, authorizes the City of Loveland
to appropriate the City of Fort Collins contribution, which is a 50% share of the 2014 Airport
budget and totals $391,875.
This Ordinance also appropriates the City's 50% share of capital funds, totaling $757,480,
for the Airport from federal and state grants; contributions from Fort Collins and Loveland;
and the Airport General Fund. Most of the 2014 Airport capital funds, totaling $1,514,960,
will be used to complete major Airport improvements, such as the acquisition of an Aircraft
Rescue and Fire Fighting apparatus, and the construction of a snow removal equipment
storage facility.
2. Items Relating to the 2014 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 139, 2013, Being the Annual Appropriation Ordinance
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for the Fort Collins Downtown Development Authority Relating to the Annual
Appropriations for the Fiscal Year 2014 and Fixing the Mill Levy For the Downtown
Development Authority for Fiscal Year 2014.
B. Second Reading of Ordinance No. 140, 2013, Appropriating Proceeds from the Issuance
of City of Fort Collins Downtown Development Authority Subordinate Tax Increment
Bond, Series 2013A, for the Purpose of Making Certain Capital Improvements Within the
Downtown Area of Fort Collins.
Ordinance, No. 139, 2013 sets the Downtown Development Authority (DDA) 2014
Operations and Maintenance Budget amount of $764,404 to be appropriated for fiscal year
2014 for the administrative operations budget, appropriates the 2014 Line of Credit Draw in
the amount of $1,000,000, sets the amount of $3,197,101 for debt service payments to be
appropriated for fiscal year 2014, and sets the 2014 Mill Levy for the Fort Collins DDA at
five (5) mills (unchanged since tax year 2002). The approved Budget will become the
Downtown Development Authority's financial plan for 2014.
Ordinance No. 140, 2013 appropriates bond proceeds in the amount of $6,050,000. These
Ordinances were unanimously adopted on First Reading on October 15, 2013.
3. Second Reading of Ordinance No. 145, 2013, Being the Annual Appropriation. Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2014; Amending the Budget for
the Fiscal Year Beginning January 1, 2014, and Ending December 31, 2014; and Fixing the
Mill Levy for Fiscal Year 2014.
This Ordinance, unanimously adopted on First Reading on October 15, 2013, amends the
adopted 2014 Budget and sets the amount'of $500,514,287 to be appropriated for fiscal year
2014. Including the 2014 adopted budgets for the General Improvement District (GID) No. 1
of $194,001 and the revised Urban Renewal Authority (URA) budget of $2,191,746 the total
City appropriations amount to $502,900,034. The Net City Budget, which excludes GID,
URA, internal transfers between City funds, is $398,157,679 for 2014. This Ordinance also
sets the 2014 City mill levy at 9.797 mills, unchanged since 1991.
NON -BUDGET RELATED CONSENT ITEMS
4. Consideration and Approval of the Minutes of the October 1, 2013 Regular Meeting.
5. Second Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the
Public Service Company into the Capital Projects Fund for the Trail Acquisition and
Development -Special Funds Project.
The Public Service Company's (PSCo or Xcel) West Main Pipeline Project required
easements across City -owned Coyote Ridge, Colina Mariposa, and Hazaleus Natural Areas
located along South Shields Street between Fort Collins and Loveland and on the Kingfisher
Natural Area near Timberline Road. PSCo has agreed to provide $2,000,000 as
compensation for the easements, and as mitigation for the project's community wide impacts.
This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates
PSCo revenue, funding in the amount of $1,000,000, to be used for the construction of a ten-
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foot wide concrete regional trail on the east side of Shields Street from Fossil Creek Drive to
Trilby Road. The Ordinance has been amended on Second Reading to specify the Art in
Public Places (APP) amount for the Art Project ($7,800); and, the amount for APP
maintenance and operations ($2,200).
6. Second Reading of Ordinance No. 142, 2013, Authorizing the Appropriation of Prior Year
Reserves in the General Fund for the Police Dispatch Radio Console Replacement Project.
This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates
$250,000 from Camera Radar reserves and $554,658 from the existing Police Services
budget to fund the replacement of Police dispatch equipment that has reached the end of its
useful life. The total cost to replace the equipment is approximately $804,658.
7. Second Reading of Ordinance No. 143, 2013, Authorizing the he Appropriation of Keep Fort
Collins Great Reserves for the Purchase of Additional Body -Worn Cameras.
This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates
$182,000 from the KFCG reserves for the purchase of 40 more body -worn cameras for on -
duty police officers.
S. Second Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Horsetooth Road and Timberline Road Intersection Improvements
Project.
This Ordinance, unanimously adopted on First Reading on October 15, 2013, authorizes the
use of eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements at the Horsetooth Road and Timberline Road intersection.The Horsetooth
Road and Timberline Road Intersection Improvements Project will construct safety and
congestion mitigation improvements at the intersection.The project is planned to begin
construction in the summer of 2014 and be completed in the fall of 2014. 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 thirteen 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.
9. First Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the General
Fund for the Purchase of a Police Scene Response Vehicle.
The purpose of this item is to authorize and appropriate funding for a Police Scene Response
Vehicle from the Camera Radar Reserve Account.Police Services currently uses a repurposed
1993 transport van, previously retired from Dial -a -Ride in 2003, for the primary response to
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major vehicle collisions within the city. The purpose of this vehicle is to provide full
capability for securing a large traffic collision scene, marking lane closures, establishing
detours, and creating a safe work zone for both officers and citizens. The current vehicle
being used is well beyond its useful service life, and needs to be replaced in order to maintain
quality scene response services by the City. Police Services has identified a suitable
replacement vehicle, manufactured by Lynch Diversified Vehicles. The new scene response
vehicle will cost $171,476, to be funded from the Camera Radar Reserve account.
10. Items Relating to West Vine Basin Stormwater Improvements.
A. Resolution 2013-088 Authorizing the Execution of a Supplemental Intergovernmental
Agreement between the City and Larimer County for the Construction of Certain
Stormwater Improvements in the West Vine Basin.
B. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the
Stormwater Fund from Larimer County for Construction of Certain Stormwater
Improvements in the West Vine Basin. .
The purpose of this item is to approve an Intergovernmental Agreement (IGA) between the
City and Larimer County to share funds for the construction of the West Vine Basin
Stormwater Outfall Channel from Vine Drive north to the Cache la Poudre River.
11. First Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller Property,
315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code.
The owners of the property, Maggie and Bryan Dennis, are initiating this request for Fort
Collins Landmark designation of the Mark and Effie Miller Property at 315 Whedbee Street.
12. Resolution 2013-089 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Mail Creek Crossing Annexation.
The purpose of this item is to initiate the annexation process for Mail Creek Crossing. A
written petition has been submitted requesting annexation of 39.608 acres located on the
north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east
of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan.
In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999,
properties within the Fossil Creek Reservoir Area receive their land use approvals in the
County and are annexed into the City prior to construction.
Mail Creek is a residential development containing 137 single family dwelling units; the
requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. The
surrounding properties are currently zoned LMN to the south (Timbers Development), north
(Kechter Crossing), and east (proposed Kechter Farm development). To the west are LMN
zone districts (Bacon Elementary) and MMN - Medium Density Mixed Use Neighborhood
(vacant land).
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This annexation request is in conformance with the State of Colorado Revised Statutes as
they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer
County and City of Fort Collins Intergovernmental Agreements.
13. Resolution 2013-090 Amending the City Council's Financial Management Policies by the
Addition of an Introduction Section.
The purpose of this item is to approve an Introduction section to the Financial Management
Policies.
Staff is recommending that language be included within the Financial Management Policies
specifically stating that the policies are developed per the Charter to provide guidance to
staff, and that the Council has the ability to approve exceptions to the policies under
extraordinary circumstances, if it determines that doing so is in the best interests of the City.
Financial Services and the City Attorney think the best place for this clarification is in the
introduction section of the Financial Management Policies document and not within each
individual policy.
14. Resolution 2013-091 Making an Amendment to the Boards and Commissions Manual to
Eliminate the Requirement that all Board and Commission Members be Registered Voters.
The purpose of this item is to amend the membership eligibility requirements outlined in the
Boards and Commissions Manual to remove the requirement that all persons appointed to
boards and commissions must be registered voters.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
1. Second Reading of Ordinance No. 138, 2013, Authorizing the Appropriation of 2014
Fiscal Year Operating and Capital Improvement Funds for the Fort Collins -Loveland
Municipal Airport.
2. Items Relating to the 2014 Downtown Development Authority Budget.
A. Second Reading of Ordinance No., 139, 2013, Being the Annual Appropriation
Ordinance for the Fort Collins Downtown Development Authority Relating to the
Annual Appropriations for the Fiscal Year 2014 and Fixing the Mill Levy For the
Downtown Development Authority for Fiscal Year 2014.
B. Second Reading of Ordinance No. 140, 2013, Appropriating Proceeds from the
Issuance of City of Fort Collins Downtown Development Authority Subordinate Tax
Increment Bond, Series 2013A, for the Purpose of Making Certain Capital
Improvements Within the Downtown Area of Fort Collins.
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3. Second Reading of Ordinance No. 145, 2013, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2014; Amending the Budget
for the Fiscal Year Beginning January 1, 2014, and Ending December 31, 2014; and
Fixing the Mill Levy for Fiscal Year 2014.
5. Second Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from
the Public Service Company into the Capital Projects Fund for the Trail Acquisition and
Development -Special Funds Project.
6. Second Reading of Ordinance No. 142, 2013, Authorizing the Appropriation of Prior
Year Reserves in the General Fund for the Police Dispatch Radio Console Replacement
Project.
7. Second Reading of Ordinance No. 143, 2013, Authorizing the Appropriation of Keep
Fort Collins Great Reserves for the Purchase of Additional Body -Worn Cameras.
8. Second Reading of Ordinance No. 144, 2013, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in
Connection with the Horsetooth Road and Timberline Road Intersection Improvements
Project.
Ordinances on First Reading were read by title by'City Clerk Nelson.
9. First Reading of Ordinance No. 155, 2013, Appropriating Prior Year Reserves in the
General Fund for the Purchase of a Police Scene Response Vehicle.
10. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the
Stormwater Fund from Larimer County for Construction of Certain Stormwater
Improvements in the West Vine Basin.
11. First Reading of Ordinance No. 157, 2013, Designating the Mark and Effie Miller
Property, 315 Whedbee Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the
City Code.
Councilmember Cunniff withdrew Item No. 7, Second Reading of Ordinance No. 143, 2013,
Authorizing the Appropriation of Keep Fort Collins Great Reserves for the Purchase of
Additional Body -Worn Cameras, from the Consent Calendar.
Councilmember Cunniff withdrew Item No. 9, First Reading of Ordinance No. 155, 2013,
Appropriating Prior Year Reserves in the General Fund for the Purchase of a Police Scene
Response Vehicle, from the Consent Calendar.
Councilmember Troxell withdrew Item No. 10, Items Relating to West Vine Basin Stormwater
Improvements, from the Consent Calendar.
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November 5, 2013
Staff Reports
Mike Gavin, Operations Emergency Management Director, provided an update regarding the
City's response to the recent flooding.
Kevin Gertig, Water .Resources and Treatment Operations Manager, provided the current
estimate of reimbursable expenses with regard to flood response.
City Manager Atteberry noted an after -action report will likely be scheduled for a January work
session.
Frank Lancaster, Estes Park Town Administrator, thanked the City for assistance during the
floods and commended the cooperative efforts of Northern Colorado.
Councilmember Reports
Councilmember Conniff reported on the Legislative Review Committee meeting.
Mayor Pro Tem Horak reported on the potential location of a Rebuild Community Supply.
Ordinance No. 143, 2013,
Authorizing the Appropriation of Keep Fort Collins Great Reserves for
the Purchase of Additional Body -Worn Cameras, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 15, 2013, appropriates
$182,000 from the KFCG reserves for the purchase of 40 more body -worn cameras for on -duty
police officers. "
Councilmember Cunniff stated he wanted to have additional discussion regarding the public
process and expressed concern regarding records retention and how open records requests would
play into these video records.
Vivian Armendariz, 820 Merganser Drive, expressed concern regarding the public notification of
the presence of body -worn cameras. She asked how citizens will know when they are being
recorded and how citizens can be guaranteed videos will be deleted.
Rebecca Sorber, Fort Collins resident, expressed concern regarding the use of the term "common
sense" and "at the officer's discretion" with regard to the use of the cameras.
Cheryl Distaso, Fort Collins Community Action Network, stated this item needs further public
vetting. She stated the existing standard operating procedures with respect to the cameras is not
stringent enough and stated those procedures should be on the City's website.
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Police Chief Hutto stated Council has received a memo outlining the proposed public
participation process.
Councilmember Cunniff requested staff input regarding the open records aspect. City Attorney
Roy replied the Criminal Justice Records Act applies specifically to records maintained by
Police Services and other law enforcement agencies; the Colorado Open Records Act is a more
general law that applies to various kinds of public records maintained by the City and other
public entities.
Councilmember Cunniff asked who can request records under the Criminal Justice Act. City
Attorney Roy replied the Police Chief generally has more discretion regarding whether or not to
release records under this Act. Chief Hutto replied the majority of those requests have been
granted; however, the importance of privacy and ongoing investigations are weighed against the
benefit of releasing the information.
Councilmember Conniff asked about the placement of the policies on the website..Chief Hutto
replied the policy will be placed on the website shortly.
Councilmember Overbeck asked if Ms. Sorber and others with policy concerns will be able to
provide input regarding the process and policies. Chief Hutto replied in the affirmative.
Councilmember Overbeck requested an estimate of the timeline for policy development. Chief
Hutto replied the process is on -going and discussed some of the upcoming events.
Councilmember Overbeck asked if there is a pressing need to get the cameras in place soon.
Chief Hutto replied he considers the cameras to be a best practice and noted twenty cameras are
already in use. The forty additional cameras would likely be rolled out gradually through the
next few months.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 143, 2013, on Second Reading. •
Councilmember Cunniff stated he would support the motion, although there are significant
concerns which have been raised by citizens. He commended the Police response to those
concerns.
Mayor Pro Tem Horak stated the cameras are an advantage to citizens.
The vote on the motion was as follows:.Yeas: Poppaw, Horak, Campana, Overbeck, Cunniff and
Troxell. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 155, 2013,
Appropriating Prior Year Reserves in the General Fund for the
Purchase of a Police Scene Response Vehicle, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The purpose of this item is to authorize and appropriate funding for a Police Scene Response
Vehicle from the Camera Radar Reserve Account.
Police Services currently uses a repurposed 1993 transport van, previously retired from Dial -a -
Ride in 2003, for the primary response to major vehicle collisions within the city. The put -pose of
this vehicle is to provide full capability for securing a large traffic collision scene, marking lane
closures, establishing detours, and creating a safe work zone for both officers and citizens. The
current vehicle being used is well beyond its useful service life, and needs to be replaced in order
to maintain quality scene response services by the City. Police Services has identified a suitable
replacement vehicle, manufactured by Lynch Diversified Vehicles. The new scene response
vehicle will cost $171,476, to be funded.fromthe Camera Radar Reserve account.
BACKGROUND /DISCUSSION
Police Services currently uses a repurposed 1993 transport van, originally retired from the Dial -
a -Ride feet in 2003, for primary response to major vehicle collisions within the city. The
put -pose of this vehicle is to provide broad capability to secure a large traffic collision scene,
mark lane closures, establish detours, and create a safe work zone for both of and citizens.
Additionally, the vehicle carries a portable generator, portable lighting, scene reconstruction
equipment, and a work space for officers to interview involved parties and coordinate the scene.
The current vehicle is well beyond its useful service life, retired from the Dial -a -Ride feet with
almost 200,000 miles and ongoing maintenance issues. It was repurposed in March 2004 as a
stop -gap to address existing police needs until a long-term solution could be determined. While a
permanent replacement vehicle was considered as long ago as 2006, other budgetary priorities
took precedence at the time, leading to increased maintenance investment over the following
years to keep the response vehicle mission capable.
The last three years have seen a significant increase in vehicle maintenance issues, and
consequently, a decrease in availability and productive use of this vehicle to respond to scenes.
The current vehicle frequently will not start when needed, leading to gaps in the ability of Police
Services to deliver equipment to major collision investigations or other scenes. Officers often
make frequent trips to the vehicle when it is inoperable to retrieve needed equipment as an
investigation unfolds, or simply to have needed equipment available at the onset of the
investigation, resulting in increased closure time of roadways and lost productivity. Frequently,
an engine and crew from Poudre Fire Authority are also requested to provide lighting to the
scene in order to overcome the limitations of the existing vehicle, at the expense of taking an
engine and crew out of service for the duration of the event.
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Police Services has identified a suitable replacement step -van style vehicle manufactured by
Lynch Diversified Vehicles (LDV) and seeks to fund the purchase of the new vehicle, based on
specifications subjected by LDV, for $171,476. The purchase will be funded from the Camera
Radar Reserve account. Police Services and other City departments have historically requested
funding from this account for capital acquisitions that impact traffic safety within the community.
While the LDV vehicle will be used in multiple scene command and control roles across the
organization, as is the current scene response vehicle, 90% of its use will be dedicated to major
traffic collision scene response, providing necessary equipment to secure the scene, relieve
existing officers, and investigate the incident. Based on a proven step -van design, the new LDV
vehicle is capable of providing all of the functionality of the existing vehicle and carrying
capacity for the assorted equipment currently deployed, as well as having on -board capability to
provide night scene lighting without having to draw resources away from Poudre Fire Authority.
The layout of the LDV vehicle reflects a minimalist, right -sized approach that still meets the
mission needs of Police Services. With a design similar to commercial service vehicles, the
layout incorporates seating for a small workstation and equipment storage in the cargo area,
shelter from the elements, and a separate rear utility storage area for portable traffic control
signs, 100+ traffic cones, roadway lighting, etc. (Attachment 1). In addition to being more
efficient, this design increases employee safety by separating and securing hundreds ofpounds of
equipment away from the driver. Such equipment was previously stored throughout the van,
including immediately behind the driver. The features of the new vehicle will minimize the risk of
secondary injury in the event of an impact. Additionally, it is anticipated that, due to its layout
and design features, the new vehicle will be a more useful scene response%ommand vehicle for
special events and other scenes that don't warrant deployment of the larger Interagency
Command Post shared with Poudre Fire Authority. The anticipated service life of this new
vehicle is 20 years.
FINANCIAL / ECONOMIC IMPACTS
The LDV vehicle will be procured via City purchasing regulations and procedures to
maximize the purchasing value of public funds following a,/air and equitable process. An
advertised bid was conducted to determine the low, responsible, and responsive bidder that
met the required vehicle specifications. "
Councilmemeber Cunniff requested information regarding the typical cost for police scene
response vehicles, comparables from other communities, details regarding past uses of the
camera radar fund, and a triple bottom line analysis of the carbon footprint of these vehicles.
Captain Jerry Schiager, Police Services, replied comparable vehicles range in price from
$124,000 to just over $200,000. He stated this vehicle went through a competitive bid process
and is rather simple in design, with the exception of about $30,000 in lighting. He stated the
camera radar fund brings in $600,000-700,000 per year; approximately 60-70% of which goes
back to the contractor for management and maintenance. The fund has been used for equipment
for the Traffic Unit, radar guns, and automated ticket writers. Additionally, $50,000 per year
goes to the Safe Ride Home program. Captain Schiager stated the carbon footprint of this new
truck, with a gas V 10 engine, is about half that of the 20-year old propane -fueled vehicle. He
noted the vehicle is not a particularly high mileage vehicle.
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Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 155, 2013, on First Reading.
Councilmember Cunniff stated he would support the motion and thanked staff for the response.
The vote on the motion was as follows: Yeas: Horak, Campana, Overbeck, Cunniff, Troxell and
Poppaw. Nays: none.
THE MOTION CARRIED.
Items Relating to West Vine Basin Stormwater Improvements, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Resolution 2013-088 Authorizing the Execution of a Supplemental Intergovernmental
Agreement between the City and Larimer Countyfor the Construction of Certain Stormwater
Improvements in the West Vine Basin.
B. First Reading of Ordinance No. 156, 2013, Appropriating Unanticipated Revenue in the
Stormwater Fund from Larimer County for Construction of Certain Stormwater
Improvements in the West Vine Basin.
The purpose of this item is to approve an Intergovernmental Agreement (IGA) between the City
and Larimer County to share funds for the construction of the West Vine Basin Stormwater
Outfall Channel from Vine Drive north to the Cache la Poudre River.
BACKGROUND /DISCUSSION
In 1997, the City of Fort Collins and Lorimer County entered into an IGA (Attachment 1)
addressing Stormwater management matters in the West Vine storm drainage basin. The IGA
allows for the sharing of costs by the City and County associated with the analysis, design, and
construction of storm water improvements needed to relieve flooding and associated property
damage in the West Vine Basin.
In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of
Fort Collins. The Master Plan included stormwater improvements for the West Vine Basin,
located in the northwest portion of the city (Attachment 2). The existing 100 year floodplain
indicates that stormwater flows will inundate numerous properties in the basin and overtop
several major roads, including Shields Street north of Vine Drive (Attachment 3). The Master
Plan identifies a number of proposed improvements to mitigate the boundary limits of the 100-
_year floodplain. Specifically, the Master Plan calls.for a stormwater outfall channel from the
Cache la Poudre River south to Vine Drive and west to the Forney Detention Pond near North
Taft Hill Road and West Vine Drive.
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In October 2011, Larimer County initiated the North Shields Street widening project, which
includes the widening of Shields Street from Willox Lane south to the Arthur Ditch, which is
situated just north of Vine Drive. The County project includes the widening of Shields Street
from approximately 24 feet to 64 feet, and the replacement of the Shields Street Bridge over the
Cache la Poudre River. In order to mitigate potential flooding at the Shields Street project, the
County approached City staff with a proposal to team with the City to analyze, design, and
construct the lower portions of the City's Master Plan Outfall Channel. The existing 100 year
West Vine Basin floodplain currently overtops Shields Street just north of the Arthur Ditch, and
any ,future improvements to Shields Street will need to accommodate this 100year flow of
approximately ],200 cubic feet per second (cfs). Rather than construct a large culvert or bridge
system at this overtopping location, the County proposed to team with the City to design and
construct the Master Plan stormwater outfall channel from at least Vine Drive north to the
Cache la Poudre River. The Outfall Channel, as currently shown in the Master Plan, would
convey the 100year stormwater flows along the west side of Shields Street to the river, thus
eliminating the need to build a bridge or culvert system on North Shields Street.
In May 2012, the City and the County signed an amendment to the 1997IGA to share costs.for
the analysis and design of the Outfall Channel with the understanding that a .future IGA
amendment would be implemented for the construction of the designed stormwater improvements
(Attachment 4). During 2012 and 2013, city staff and the project team have f nalized a selected
alternative, negotiated the necessary land acquisition, and have prepared a 60% level design.for
the project. A construction cost estimate has been prepared.for the project, with the intention of
starting project construction in December 2013. It is anticipated that 100% design level plans
will be completed in the next two months. Prior to construction, the City and Larimer County
both need to approve and execute the IGA to allow for the sharing of respective construction
fmrds for the West Vine Outfall Channel project.
FINANCIAL IECONOMIC,IMPACTS
The estimated construction cost associated with the project is $2,301,000. The City has agreed
to ./and up to $1,201,000 of the project costs, with Larimer County paying the remaining
$1,100,000 of the construction costs. These costs are based upon a 50% level design.for the
project and may be subject to change as the project design progresses.
A 2013-14 BFO offer to include the City's portion of the future construction costs.for the Ou fall
Channel was submitted in May 2012. Upon execution of the IGA, the County shall transfer to the
City no less than $612,500. Per the April 2012 IGA Amendment, the City is crediting the County
for one-half (112) the cost of the previous completed Design Phase with this transfer. A summary
of the total estimated costs.for the current project phase is shown in Attachment 5.
Through the financial partnership with Larimer County, the City's financial contribution toward
the completion of the project will be approximately half of that originally estimated and
identified in the Master Plan. The project will also eliminate the need for a costly bridge%ulvert
system under North Shields Street; a system which could eventually become unnecessary as a
result of continued future upstream construction of the Outfall Channel. The Outfall Channel
will fully contain the 100-year floodplain, eliminating potentially life -threatening road
overtopping situations and.flood damages for several homes and properties in the basin.
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The IGA amendment terms include an approximately 50%-50% cost share between the City and
the County, respectively, up to a maximum of the funds currently available from each entity. The
specific language describing the supplement to the 1997IGA is included in the new IGA, and is
an Exhibit to the Resolution. The IGA amendment also includes a funding arrangement that
allows for future cost sharing between the City and the County to be based on a mutually
agreeable cost breakdown, rather than the current sharing arrangement, which dictates that
costs are shared based on the amount offees collected by each entityfrom within the basin.
ENVIRONMENTAL IMPACTS
The construction of the Outfall Channel will allow for the reconnection of the historic Soldier
Canyon Creek to the Cache la Poudre River. The Creek has been lost to development through
the years, and only isolated portions remain today. The Outfall Channel has been designed in
such a manner to improve the wildlife habitat and connectivity along the length of the channel,
west through the basin from the Cache la Poudre River to Vine Drive and further west to the
.foothills in.future phases. The Outfall Channel includes stormwater quality treatment.facilities
that will improve the quality of the stormwater runoff prior to reaching the Cache la Poudre
River. Wetlands will also be planted in the bottom of the channel to mitigate any wetlands
impacted by the project.
BOARD / COMMISSION RECOMMENDATIONS
The Master Plan improvements for the West Vine Basin, including the Outfall Channel, were
presented to and adopted by various City boards and commissions as part of the Master Drainage
Plan adoption process in the early 2000s. A memorandum describing the project was sent to City
Council in January 2013 (Attachment 6). The project has also been included in the Capital
Projects section of the City Managers Update over the last 6 months.
PUBLIC OUTREACH
Several public open houses were held in the early 2000s to present the results of the West Vine
Basin Master Drainage Plan to the residents of the area. The Outfall Channel was included in
the Master Drainage Plan at the time. City and County staff have met with affected landowners
along Shields Street in 2011 and 2012 to discuss both the Shields Street widening project and the
Outfall Channel project. Alternative alignments for the Outfall Channel were presented to the
landowners, along with potential impacts to their properties as a result of the widening of
Shields Street. Several meetings have taken place with the affected landowners as well as an
open house in August 2012 at Lincoln Junior High School to present the findings of the
alternative analysis phase of both projects to the residents of the basin. The project was also
presented to the public at the Poudre River Open House at the Lincoln center on June 26, 2013.
A project website is located on the Fort Collins Utilities web page. It is the City's intent to
continue to combine the public outreach efforts for the West Vine Outfall Channel and the North
Shields Street projects to maximize the combined resources of the City and the County and to be
concise and consistent in the public outreach phase of both projects.
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
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Eric Sutherland, 3520 Golden Currant, stated the West Vine Stormwater Project was budgeted
and audited through Larimer County but that was not, the case with the Boxelder Stormwater
Authority.
Councilmember Troxell. made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2013-088. Yeas: Overbeck, Cunniff, Troxell, Poppaw and Horak. Nays: none.
THE MOTION CARRIED.
Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 156, 2013, on First Reading. Yeas: Overbeck, Cunniff, Troxell, Poppaw and
Horak. Nays: none.
THE MOTION CARRIED.
Ordinance No. 158, 2013,
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 an expansion of the City's Smoking Ordinance to include
smoke free outdoor dining areas, bar patios,. and Transfort's public transit facilities, shelters,
benches, and platforms.
This item proposes expansion of the City's Smoking Ordinance to include outdoor dining areas,
bar patios, and Transfort's public transit facilities in response to citizen feedback, enforcement
issues, health impacts, and best practices. Research is beginning to indicate that outdoor
exposure to secondhand smoke has negative health impacts, and both local and national trends
show an increase in smoking regulations in outdoor areas. The City of Fort Collins
Neighborhood Services and Transfort Departments worked closely with the Lorimer County
Department of Health and Environment to research public health trends and best practices
regarding smoking regulations.
BACKGROUND /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. It was passed by City Council but then placed onto the ballot by referendum. The
voters passed the referendum, agreeing with the City ordinance, and made history because it was
only the second time the tobacco industry had been defeated on the ballot (the first time was in
San Francisco in 1982). In 2003, Fort Collins was one of the first communities in Colorado to
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designate bars, restaurants, and workplaces as smoke free. In 2006, the Fort Collins' Smoking
Ordinance was amended to conform. to the Colorado Indoor Clean Air Act which helped the
community regulate smoking in all indoor public places.
The City of Fort Collins has a history of working collaboratively with the Larimer County
Department of Health and Environment and Tobacco Free Larimer County. Both agencies
assisted when the City adopted the smoking ordinance prohibiting smoking in all indoor public
places. The agencies collaborate to provide community education, training, signs and other
educational materials, research data and trends, evidence -based public health information, and
on -going education and information sharing.
Over the past 2-3 years, enforcement. issues and citizen concerns regarding the City's current
smoking ordinance have been increasing. Based on requests from citizens, staff worked with
Larimer County and began exploring options to strengthen or expand the smoking ordinance.
One of the key areas of concern and confusion was related to whether there is already a ban on
smoking in outdoor dining areas/patios. This confusion stemmed from the current regulation
that requires no smoking within 20 feet of doors. This regulation resulted in some
establishments being able to allow smoking on patio tables that are more than 20 feet fi-om a
door, so some patios could allow some smoking while others were too small to allow any and
others simply chose not to allow it at all. Ultimately, people were confused about whether
smoking was allowed on patios.
Additionally, in 2012, Larimer County Department of Health and Environment had staff and
resources available to work collaboratively with Neighborhood Services and Transfort to
research, survey, and develop options regarding smoking in outdoor public places. Larimer
County received the Tobacco Education, Prevention, and Cessation grant from the Colorado
Department of Public Health and Environment in order to help support some of the work and
research involved in this effort. If Council chooses to adopt this Code expansion, the grant
money will also help.fund signage to businesses for their patios as well as some Transfort
signage.
City Council discussed this item at its August 13, 2013 Work Session (See Attachment I.for
summary). Council directed staff to move forward with the smoking ordinance expansion
options.
Health Impacts (See Attachments 2 and 3)
Secondhand smoke has been designated as a human cancer -causing agent by the Environmental
Protection Agency (EPA) and several other national and state agencies. Various Surgeon
Generals' reports advise that "there is no'safe level of secondhand smoke". Recent research
conducted in 2010 concludes that even short term exposure to tobacco smoke has an immediate
effect on the systems of the body. New methods of measurement show poisonous particulates
from tobacco smoke in outdoor areas near buildings, covered areas, and restaurant and bar
patios and service lines are significant, especially when in close proximity to others. ,Both
national and local studies (done in Greeley and Pueblo) show communities with indoor smoke -
free laws generally have fewer overall hospitalizations for heart attacks and respiratory
emergencies.
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It is well known that exposure. to secondhand smoke causes lung cancer, increased risks.for other
cancers, and respiratory illnesses. The Center for Disease Control recommends designating
smoke -free areas as a proven practice to improve health. Additionally, chronic diseases such as
asthma, heart disease, and lung disease get worse upon secondhand smoke exposure. Drifting
tobacco smoke can trigger asthmatic attacks, bronchial infections, and other serious health
problems in nonsmokers. Expanding smoke free areas offers more protection for the health of
the community.
More specifically, measurements of secondhand smoke conducted in a variety of outdoor
locations by the California Air Resources Board in 2008, found that in many settings, especially
next to buildings, concentrations of secondhand smoke are comparable to indoor concentrations
where smoking is permitted. The Environmental Protection Agency uses the air quality index
(AQI) with rating levels from 0-500. _ It is helpful to know that corresponding health advisory
categories range from good (AQI of 50 or below) to very hazardous (AQI rating above 400).
Recent studies at outdoor dining areas and bar patios where smoking was allowed measured an
AQI of above.150 which corresponds to a health advisory indicating that the air is unhealthy for
everyone. (Attachment 3)
National and Local Trends (Attachment 2)
There are growing trends, both nationally and locally, toward having outdoor smoke free
environments. Nationally, 266 municipalities have smoke -free outdoor dining, 126
municipalities have smoke -free outdoor dining areas andbar patios, and 313 municipalities
have smoke -free outdoor transit areas. Approximately, 2,300 regulations exist within states,
cities, and counties that restrict smoking in other outdoor areas including: parks, beaches,
stadiums, entertainment venues, etc. In Colorado, seven municipalities have adopted smoke free
outdoor dining areas and bar patios, and five municipalities have smoke free outdoor public
transit waiting area laws.
According to a 2013 national Gallup survey, almost 60% of respondents supported no smoking
laws/rules in public places.. This is up from 30% in 2003. Additionally, 53% of respondents in
the Health District of Northern Colorado 2010 Community Health Survey said it was not
acceptable to smoke in public.
Fort Collins is known as a healthy community. The rate of cigarette use among residents
continues to drop and is currently at 11.3% according to the Health District of Northern
Colorado 2010 Survey. This puts Fort Collins ahead of most communities in reaching the
Healthy People 2010 goal for reducing cigarette use to below 12%. Smoke free areas are a
proven public health strategy to reduce use. The City's smoking ordinance adopted in 2003 is
likely a contributing factor for the significant 3% drop in cigarette use from 2001 to 2004.
Additionally, tobacco rates are considered when overall health ratings of a community are
determined, and Fort Collins has received various healthy community designations which lend to
the community and provide economic appeal.
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Current Smoking Ordinance
Currently, the City of Fort Collins smoking ordinance prohibits smoking in the following places:
• Places of employment
• Public buildings
• Businesses used by the public (including bowling alleys and bingo parlors)
• Indoor restaurants, cafes, coffee shops, and bars
• Indoor common areas (lobbies, hallways, clubhouses, etc.) of multi family residential
complexes
• 20 feet from all entryways of places of employment, public buildings, and businesses.
The current penalty is a criminal misdemeanor with fines up to $1,000 and/or up to 180 days in
jail. Enforcement is done by Code Compliance by responding to complaints and doing some
proactive patrols downtown.
Overall, compliance with the current smoking ordinance has been successful with relatively few
complaints received and little enforcement action needed. Since 2003, Code Compliance has
received approximately 350 complaints, issued 7 citations, and gained voluntary compliance in
most cases. Usually, a discussion with the business owner regarding the complaint is enough to
resolve the problem. Occasionally, enforcement action must occur. Most of the complaints and
inquires occurred during the.irst couple years after the ordinance was adopted.
Smoking Ordinance Expansion Proposal
Based on public support, code compliance experience, departmental input from Neighborhood
Services and Transfort, and emerging research on public health regarding secondhand smoke in
outdoor areas, the proposed expansion of the smoking ordinance includes:
• Outdoor dining areas and bar patios
• 20 feetfrom outdoor dining areas and bar patios
• Outdoor areas at public transit facilities except for a designated smoking area that is 20
feet from building entrances, bus shelters and benches
• 20 feet from bus stop shelters, benches, and platforms.
IF Council chooses to adopt these changes, staff will enhance education efforts to impacted
restaurants, bars, and transit areas. This will include in person visits to restaurant and bar
owners/managers, information provided to the general public through articles, signs, social
media, etc., educational campaigns at transit stations and on busses. Additionally, we will
provide additional and improved signage to restaurants and bars with outdoor dining areas or
patios, and add new signs at transit facilities.
Enforcement efforts will begin with more of an educational approach - including proactive
patrols to impacted areas where people will be told about the new, expanded ordinance. Fort
Collins Police Services have agreed to partner with and assist Code Compliance with downtown
smoking patrols and enforcement as they are able. This will help with the initial enforcement
process to ensure compliance is occurring early on since this is when, based on past experience,
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November 5, 2013
most complaints about violations will likely happen. Continued enforcement will be the
responsibility of Code Compliance. Enforcement efforts at/on transit facilities will be
coordinated by transit security.
Implementation
Staff recommends an implementation date of January 1, 2014. This will give staff enough time to
get the signs made and delivered/hung, educational materials made, as well as to conduct public
outreach.
FINANCIAL /ECONOMIC IMPACTS
There may be some financial impact to local businesses due to the expansion of the smoking
ordinance with either an increase or decrease in business.
There will be no increase to the City budget; however, enforcement and educational efforts will
utilize existing City resources.
ENVIRONMENTAL IMPACTS
There will be improved air quality in outdoor dining areas, bar patios, and transit locations due
to less secondhand smoke exposure.
BOARD / COMMISSION RECOMMENDATION
The Air Quality Advisory Board voted to support the proposed expansion of the smoking
ordinance at their September 16, 2013 meeting (Attachment 4).
PUBLIC OUTREACH
In late 2012 and early 2013, City staff conducted outreach and informal surveys to gather local
input regarding the possibility of expanding the local smoking ordinance to outdoor dining areas
and bar patios. The following input was received:
Fort Collins Survey - General Public (1,358 respondents)
Do you support smoke free outdoor dining areas and bar patios?
• Strongly support
61.1 %
• Somewhat support
6.8%
• Don't know
1.7%
• Somewhat oppose
7.9%
• Strongly oppose
22.5%
68% of respondents support expanding the smoking ordinance to include outdoor dining areas
and bar patios. Only 16% of respondents indicate that they currently experience problems with
exposure to secondhand smoke in these outdoor areas.
November 5, 2013
Fort Collins Survey - Restaurant/Bar Managers (14 respondents - focused on businesses that
currently allow smoking on their outdoor patios)
Has the existing indoor smoke free laws affected business?
• No impact/neutral 42.9%
• Positive impact 35.7%
• Negative impact 14.3%
• Don't know 7.1 %
57% of respondents currently allow smoking on their outdoor dining area or bar patio.
57% of respondents do not support an expansion of the smoking ordinance.
Staff also interviewed Transfort riders and conducted an online survey to try to understand the
level of support for implementing smoke free policies in transit areas and 20-foot perimeter from
bus shelters, benches and platforms. The following input was received:
Transfort Riders Survey (115 riders interviewed)
• Support smoke -free policies
60%
• Oppose smoke free polices
33%
• Don't know
7%
Transfort On-line Survey (41 respondents)
• Support smoke free policies 88%
• Oppose smoke -free policies 12%
Additionally, the following outreach methods were used:
Coloradoan Articles
CityNews article
Social Media
Presentations to the Air Quality Advisory Board
City Council Work Session (August 13, 2013) "
Beth Sowder, Neighborhood Services Manager, stated this item proposes to expand the current
City smoking Ordinance to smoke -free outdoor dining areas, bar patios, 20 feet from those patios
and dining areas, and Transfort's transit facilities, shelters, benches and platforms. She provided
the history of the smoking Ordinance in the City and stated the need for this expansion is due to
citizen input, and confusion regarding the current Ordinance and its enforcement. Sowder went
on to discuss the recent findings relating to air quality and other negative effects of smoking in
outdoor dining areas. She reviewed the City's current smoking Ordinance and discussed the
enhanced educational efforts which will be a part of any new adopted Ordinance, which is
recommended to take effect January 1, 2014.
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Kim Sharpe, Healthier Communities Coalition of Larimer County, supported adoption of the
Ordinance.
Cory Carroll, 3213 Nelson Lane, supported adoption of the Ordinance.
Siyu Wu, Youth Advisory Board, supported adoption of the Ordinance.
Ben Peart, Tony's Restaurant and Lounge, opposed adoption of the Ordinance as written and
noted businesses have put forth significant investments to create responsible smoking patios and
other outdoor areas. He suggested amending the Ordinance to allow businesses to allow
smoking in patios and outdoor areas that are away from the public.
Peter Munro, Estoria Bar, opposed adoption of the Ordinance and stated he was never contacted
regarding this potential change.
Dan Sapienza, Larimer County Health District, supported adoption of the Ordinance.
Mica Pepin, Tobacco No Youth Coalition, supported adoption of the Ordinance.
Kim Snodgrass, Surfside 7, opposed adoption of the Ordinance expressing concern this action
will push smokers into more public areas.
Nimue Jennings -Ling, Tobacco No Youth Coalition, supported adoption of the Ordinance.
Gillian Breuer, Tobacco No Youth Coalition, supported adoption of the Ordinance.
Demitrius Katopudis, Tony's Restaurant and Lounge, opposed adoption of the Ordinance as
written and suggested amending the Ordinance to allow businesses to allow smoking in patios
and outdoor areas that are away from the public.
Mackenzie Weitzel, Health for the Associated Students of Colorado State University, presented
data from a CSU student survey and stated the majority of students support adoption of the
Ordinance.
Tucker Veltcamp, bartender and CSU student, opposed adoption of the Ordinance as written and
expressed concern the ban could negatively affect employees.
Vivian Armendariz, 820 Merganser Drive, supported adoption of the Ordinance and asked how
the Ordinance will be enforced. She asked if it would be possible to ban smoking in Old Town
Square.
Councilmember Cunniff asked if it would be possible to include Old Town Square in the
smoking ban. Sowder replied a staff group has been formed to discuss the possibility of those
types'of additional areas.
Councilmember Cunniff stated the 20-foot ban has been less uniformly enforced than the indoor
ban and asked if it is possible to increase enforcement. Polly Lauridsen, Code Compliance
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November 5. 2013
Supervisor, replied proactive patrols will be increased and District 1 officers will be utilized as
well.
Councilmember Troxell requested a timeline of the inclusion of other areas, such as Old Town
Square. Sowder replied staff is anticipating a spring work session for the additional items.
Mayor Pro Tem Horak asked how the restaurant and bar outreach was conducted. Sowder
replied staff did not know the, Estoria patio was large enough to allow smoking, which is why
they were not contacted as part of the outreach for this item.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 158, 2013, on First Reading.
Councilmember Cunniff expressed support for the motion and supported moving forward with
other areas, such as Old Town Square and on trails and in parks.
Mayor Pro Tem Horak supported the Ordinance and suggested staff research how other
communities have dealt with the issue of patios and other outdoor smoking areas.
The vote on the motion was as follows: Yeas: Conniff, Troxell, Poppaw, Horak; ,Campana and
Overbeck. Nays: none.
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Items Relating to Utility Rates, Fees and Charges for 2014, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 146, 2013, Amending Chapter 26 of the City Code to
Revise the Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 147, 2013, Amending Chapter 26 of the City Code to
Revise the Electric Development Fees and Charges.
C. Second Reading of Ordinance No. 148, 2013, Amending Chapter 26 of the City Code o/
the City of Fort Collins to the Revise Water Rates and Charges.
D. Second Reading of Ordinance No. 149, 2013, Amending Chapter 26 of the City Code to
Revise the Water Plant Investment Fees.
E. Second Reading of Ordinance No. 150, 2013, Amending Chapter 26 of the City Code to
Revise the Wastewater Rates and Charges.
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November 5, 2013
F. Second Reading of Ordinance No. 151, 2013, Amending Chapter 26 of the City Code of
the City of Fort Collins to Revise the Sewer Plant Investment Fees.
G. Second Reading of Ordinance No. 152, 2013, Amending Chapter 26 of the City Code to
Revise the Stormwater Plant Investment Fees.
H. Postponement of Second Reading of Ordinance No. 153, 2013, Amending Chapter 10 Q
the City Code of the City of Fort Collins to Revise Floodplain Permit Fees Indefinitely.
The purpose of this item is to adopt the 2014 Utility rates, fees and charges. The approved 2014
City Budget included small gradual rate increases in the electric, water and wastewater utilities.
The rate increases being proposed in these Ordinances are consistent with or less than what is
shown in the approved 2014 City Budget.
These Ordinances were adopted on First Reading on October 15, 2013. Councilmember
Campana recused himselffrom the discussion. Ordinance Nos. 146 (Electric Rates), 148 (Water
Rates), 149 (Water Plant Investment Fees), 151 (Sewer Plant Investment Fees), 152 (Stormwater
Plant Investment Fees) and 153 (Floodplain Permit Fees) were unanimously adopted.
Ordinance Nos. 147 (Electric Development Fees), and 150 (Wastewater Rates) were adopted by
a mote of 5-1 (Nays: Weitkunat).
Ordinance No. 150, 2013 (Wastewater Rates) has been amended on Second Reading to correct
an error in the new base charge for 1 112" connections to reflect the new base charge of $37.85.
Ordinance No. 151, 2013 (Sewer Plant Investment Fees) has been amended on Second Reading
to reflect the change from standard fees for 3 inch connections to development specific fees
reflected elsewhere in the ordinance.
Staff requests that Ordinance No. 153, 2013 (Floodplain Permit Fees) be postponed indefinitely.
A new Ordinance will be presented for First Reading on November 19, 2013, that includes all of
the permit fee changes being proposed for 2014, some of which were not included in Ordinance
No. 153, 2013. "
(Secretary's note: Councilmember Campana was not present for the discussion of this item due
to a conflict of interest.)
Eric Sutherland, 3520 Golden Currant, stated the public and Council have been misinformed and
argued Smart Meters do not save any money or reduce greenhouse gas emissions.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 146, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Conniff Nays: none.
THE MOTION CARRIED.
W.
November 5, 2013
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 147, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to . adopt
Ordinance No. 148, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 149, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 150, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt
Ordinance No. 151, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell; to adopt
Ordinance No. 152, 2013, on Second Reading. Yeas: Troxell, Poppaw, Horak, Overbeck and
Cunniff. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to postpone
Second Reading of Ordinance No..153, 2013 indefinitely. Yeas: Troxell, Poppaw, Horak,
Overbeck and Conniff. Nays: none.
THE MOTION CARRIED.
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November 5, 2013
Ordinance No. 154, 2013,
Appropriating Funds from the City's General Fund Reserves for Transfer to the Fort
Collins Urban Renewal Authority for the Purpose of URA Reimbursements for the
Capstone Redevelopment Corporation Summit on College Project, and Approving a Loan
Agreement for that Purpose, Adopted Option B on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on October 15, 2013 by a vote of 5-2 (Nays: Cunniff,
Overbeck) approves a Loan Agreement between the City of Fort Collins and Fort Collins Urban
Renewal Authority that will fund the approved $5 million tax increment.financing reimbursement
to Capstone Development Partners.
On the same agenda as Second Reading of the Ordinance, the City Council will consider
Resolution 2013-090, to approve a preamble to the Financial Management Policies that
recognizes that exceptions to the Policy may be made by Council ordinance or resolution (see
Agenda Item No. 13). A revised version of Ordinance No. 154, 2013, to reflect the adoption of
Resolution 2013-090 is provided for Council consideration in the event that Resolution 2013-090
is adopted."
Megan Bolin, Economic Health Analyst, stated the purpose of this loan agreement is to allow the
URA to fulfill its reimbursement obligation to Capstone Development Partners for The Summit
redevelopment project. She showed photos of the site and reviewed The Summit project and
reimbursement agreement.
Jeff Jones, Capstone Development Partners, expressed appreciation for the TIF approved in 2011
and stated his project is at 96% occupancy. The plan is to build a parking structure on the site,
despite the fact it will be a detriment to the financial success of the project, and the approval and
financial processes are ongoing.
Jim Martell, attorney representing Capstone, stated Council will not be able to fulfill its
obligation to the URA or Capstone should this item not be approved.
Eric Sutherland, 3520 Golden Currant, argued the City does not have an obligation in place and
stated this deal was not put together correctly.
Councilmember Troxell asked about Options A and B. City Attorney Roy replied Option A is
the same version of the Ordinance approved on First Reading; Option B is recommended by staff
to be adopted as Council has adopted the Resolution that approves a new introductory section to
the financial management policies under the Consent Calendar. This introduction includes a
provision that makes explicit, as part of the policies, Council's ability to approve exceptions to
the policy. Option B makes the finding that extraordinary circumstances exist, and pursuant to
the policies and the authority to approve exceptions, Council is approving this loan agreement.
November 5, 2013
Councilmember Cunniff asked if there is an estimate of the market rate for loans of this
magnitude for the URA. Mike Beckstead, Chief Financial Officer, replied a policy rate is
estimated at 4.96%. A market rate would be a function of borrowing costs, taxability of the use
of the funds, and other items.
Councilmember Overbeck asked if default would actually occur should Council not adopt this
Ordinance. Deputy City Attorney Daggett replied it is correct to say that the City would not be
in default on an obligation, because the City has not entered into any obligation with respect to
this project; however, the issue would relate to the URA's performance under the redevelopment
agreement, which the URA would have difficulty meeting without the City loan.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 154, 2013, Option B, on Second Reading.
Councilmember Cunniff expressed concern relating to monitoring of contractual aspects and
stated this is poor policy given the variance on actual versus projected revenues.
Councilmember Overbeck stated risk needs to be more appropriately managed and, reviewed and
the terns of this deal need to be further examined.
Councilmember Campana stated this developer has done everything it said it would do and the
URA went into this agreement with the developer based on the fact that the City was going to
provide funds for the loan. He stated the City is not losing money; it is making slightly less
interest on its money.
Councilmember Troxell stated this is a commitment between the City and URA and the City
should stand behind that commitment.
Mayor Pro Tern Horak suggested Council may want to consider an Executive Session.
Councilmember Poppaw made a motion, seconded by Councilmember Troxell, that the Council
go into Executive Session as permitted under Section 2-31(a)(2) of the City Code for the purpose
of meeting with the City Attorney, the City Manager, and affected members of City staff to
discuss potential litigation and related legal issues. Yeas: Cunniff, Troxell, Poppaw, Horak,
Campana and Overbeck. Nays: none.
THE MOTION CARRIED.
(Council went into executive session at 9:05 p.m. and returned at 9:20 p.m.)
Councilmember Cunniff stated the URA is not an entity that has earned the right to get these
types of favorable loan terms and argued the project was not built as proposed.
Councilmember Troxell stated an agreement was made with the URA and not living up to the
agreement is bad for the URA and Fort Collins.
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November 5, 2013
The vote on the motion was as follows: Yeas: Troxell, Poppaw, Horak and Campana. Nays:
Overbeck and Cunnif£
THE MOTION CARRIED.
Items Relating to the Adoption of the Colorado Water
Conservation Board Floodplain Regulations, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 160, 2013, Amending Chapter 10 of the City Code
Regarding Flood Hazard Areas to Conform to Colorado Water Conservation Board
Floodplain Regulations.
B. First Reading of Ordinance No. 161, 2013, Amending Chapter 10 of the City Code
Regarding Flood Hazard Areas to Clarify Certain Provisions.
C. First Reading of Ordinance No. 162, 2013, Amending Chapter 10 of the City Code
Regarding Flood Hazard Areas to Revise Certain Requirements.
The purpose of this item is to adopt new minimum statewide Floodplain regulations promulgated
by the Colorado Water Conservation Board (CWCB) in January 2011 and additional proposed
Code language clarifications and City policy revisions. All communities must adopt the CWCB
regulations by January 2014. The City of Fort Collins already has adopted many of these
standards. Therefore, there are relatively few changes needed to meet the CWCB statewide
regulations.
BACKGROUND /DISCUSSION
CWCB Adoption Rules and Regulations Adoption Process
For a community to participate in the National Flood Insurance Program (NFIP), it must adopt
and enforce Floodplain management regulations that meet or exceed the minimum NFIP
standards, as -well as any more restrictive state requirements. The Colorado Water
Conservation Board (CWCB) is the state agency responsible for Floodplain management. The
CWCB commenced a process in 2010 to revise and update the Floodplain Rules and Regulations
(Rules) governing floodplains within the State of Colorado. The Rules were initially
promulgated in 1987, revised in 2005 and updated in January 2011. As provided in the
Colorado Revised Statutes, flooding is considered to be an issue of statewide concern, and
therefore any rules governing it will apply statewide in all municipalities and counties,
regardless of home rule status.
A number of goals were formulated by CWCB staff leading to the stimulus to initiate the revision
process.
November 5, 2013
1. The need for increased public safety in times of ever-growing flood losses around the
country.
2. Regulations that would result in lower flood insurance premiums statewide.
3. Clarifacation that all state agencies must comply with the Rules. .
4. Housekeeping language clarifications and other small items to correct known conflicts
from the prior revisions.
The CWCB initiated a considerable public outreach process prior to adoption of the Rules. The
City of Fort Collins Stormwater staff engaged in various opportunities to learn more about the
regulations and informally comment on the proposed standards. The City also discussed the
proposed changes with the various City boards and commissions and community organizations,
including:
• Downtown Development Authority, March 7, 2010
• Chamber of Commerce, March 16, 2010
• Water Board, March 25, 2010
• Council's Legislative Review Committee, April 13, 2010.
Attachment I is a letter from Mayor Hutchinson providing,formal comment to the CWCB. The
City also formally commented in writing (Attachment 2) and orally as part of the official Rule
Making Process in November 2010. The City strongly supported the CWCB's efforts and the
CWCB was responsive to the City's comments and concerns on specific issues.
Effective January 14, 2011, the State of Colorado adopted higher. standards for foodplain
management, which are outlined in the Rules and Regulations for Regulatory Floodplains in
Colorado (Rules). The Rules are the minimum standards .for the State of Colorado and by
extension, the NFIP in Colorado. A three-year implementation was provided, such that all
communities have until January 14, 2014 to adopt the new regulations. The Federal Emergency
Management Agency and the CWCB both must review any proposed changes to a community's
Foodplain regulations to ensure conformance with the minimum standards. Staff has received
comments from the CWCB and FEMA and has made minor changes to the proposed revisions to
address these comments. This includes updates to the variance Code language related to
historic structures and clarifying that freeboard is still required.for annexed properties that have
a Letter of Map Revision Based on Fill.
Comparison of City of Fort Collins Floodplain Regulations to CWCB Minimum Standards
The National Flood Insurance Programs (NFIP) Community Rating System (CRS) is a voluntary
incentive program that recognizes and encourages community foodplain management activities
that exceed the minimum NFIP requirements. As a result, flood insurance premium rates are
discounted to reflect the reduced flood risk resulting from the community actions meeting the
three goals of the CRS:
November 5, 2013
I. Reduce flood damage to insurable property
2. Strengthen and support the insurance aspects of the NFIP
3. Encourage a comprehensive approach to foodplain management.
The City of Fort Collins is recognized by FEMA as one of the top 1% of communities in the
country with regard to the Community Rating System (CRS) and is the highest rated community
in the State, of Colorado. Compared to many other communities in Colorado, the City of Fort
Collins is required to only make minor code changes to be in compliance with the State Rules.
For many communities, the new regulations are more restrictive than their current adopted
standards and will result in a majorshift in foodplain regulation.
The differences between the City's Current Floodplain Regulations, FEMA minimum standards,
new State standards and the proposed City regulations are shown in Attachment 3.
A. Ordinance No. 160, 2013 — Amending Chapter 10 of City Code Regarding Flood Hazard
Areas to Conform to Colorado Water Conservation Board Floodplain Regulations.
There are two criteria from the State Rules that need to be directly included in the City of Fort
Collins Regulations. Listed below are the City Code sections and corresponding State Rule with
detailed explanations of the changes:
1. 10-16 - Critical Facilities Definition - Rule 6 A (p. 12-14, Attachment 4) - The definition
of Critical Facilities has expanded from the definition the City of Fort Collins currently
utilizes. Attachment 5 is a table comparing the two definitions. The State has
categorized critical facilities into four categories:
• Essential Services
• Hazardous Material Facilities
• At -Risk Population Facilities, and
• Government Services.
Staff proposes to adopt the State's general definition for critical facilities and add
separate definitions for each of the above categories, providing specific details on what
types offacilities are included. Facilities currently regulated by the City and not included
in the State's list have been included into the appropriate category.
The State outlines regulatory requirements for Critical facilities in Rule 6 D and E (p. 15,
Attachment 4). The State Rules offer communities the option of prohibiting critical
facilities in the 100-year foodplain or requiring them to elevate and have dryland access.
The City has had the prohibition of critical facilities since 1995.- Staff recommends
maintaining the prohibition of all critical.facilities in the 100 year foodplain because of
the truly critical nature of these facilities. In addition, dry access is very difficult to
obtain and in many cases infeasible. Only essential services and at -risk population
critical facilities will be prohibited in the 500-year foodplain. This change has been
incorporated into City Code Section 10-81(a). This matches with Larimer County and the
alignment of regulations for the Poudre River that took place in 2007 between the City
and County.
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Other sections of code were revised to reflect the new critical facility categories.
2. 10-37(c)(2) b-c - Freeboard - Rule 11 B (p. 23, Attachment 4) - Minimum freeboard.for
additions and substantial improvements in City and FEMA designated floodplains will
change from six inches to one foot to meet the State standard. For reference, it should be
noted that in 2005, the City lowered the freeboard for additions and substantial
improvements from eighteen inches to 6 inches in City and FEMA designated foodplains.
3. 10-80 and 10-113 - LOMR-Fill Freeboard -Rule]] C (p.23, Attachment 4) -Requires
I foot of freeboard for all LOMR-Fill areas, including those where the LOMR-Fill
occurred in the past and for those properties annexed into the City of Fort Collins. The
requirement for a floodplain use permit is also included.
There are three policies in the City of Fort Collins Regulations that are no longer valid given the
adoption of the State Rules. Listed below are the City Code sections and corresponding State
Rule with explanations of the changes:
1. 10-29(c) and 10-29(d) - Hardship Exemption - Rule 15 (p. 27. - Attachment 4) -
Variances. The City currently does not require hardship to be shown when seeking a
variance in a City Basin Floodplain. The new State standards require hardship be shown
for any variances to the State Rules.
2. 10-138(3)b-c., 10-139(3)c-d., and 140(3)c-d -Remodeling - Rule 11 A (p. 23, Attachment
4) - Remodeling criteria in City Basin floodplains will need to meet the minimum FEMA
standards. (i.e., "Pop -top" additions in City Floodplains will no longer be treated
differently than any other remodel. All improvements, including those on floors above
the flood elevation, will be counted toward substantial improvement.) For reference, it
should be noted that in 2005, this standard was lowered from the minimum NFIP
regulation to accommodate easier redevelopment in City Basins, such as Old Town.
3. 10-114 - Waivers - Rule 5 (p. 11, Attachment 4) - Waivers for properties expected to be
removed from a City Basin floodplain by construction of a Capital Improvement Project
will no longer be allowed. The property will be required to conform to the floodplain
regulations of Chapter 10 until the Capital Project is complete and the mapping has been
updated to formally remove the property from the floodplain. The waiver policy was
implemented in 2005 to allow development in City Basin floodplain to not have to wait
for completion of a project and the corresponding remapping.
New Section Heading for Division 5 - Because the City Basin Floodplain will now be
administered nearly, identically to the FEMA Basin Floodplain, Division 6 has been removed.
Division 5 will be renamed to be "FEMA BASIN and CITY BASIN FLOODPLAINS ". Necessary
code sections from Division 6 that are not already included in Division 5, have been moved and
incorporated into Division 5. (Example: Section 10-143 moved to now be 10-114)
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November 5, 2013
Additional Required Changes
10-16 Definitions - Add a definition for the word "Colorado Floodplain Regulations. "
10-16 Definitions - Add a definition for the word "Conditional Letter of Map Revision.
(CLOMR) "
10-16 - Definitions - Flood Hazard Area is modified to include areas removed from the
floodplain by a LOMR-Fill
10-16 - Definitions - Add a definition for the word "Physical Map Revision (PMR). "
10-16 - Definitions - Add a definition for the word "Preliminary Map Revision. "
10-20 - Application to Certain Lands - Clarification that properties removed from the
floodplain by a LOMR-Fill are subject to the provisions of this Article.
10-27 Floodplain Use Permit - minor wording change
10-29 Conditions for Variance - wording changes required by FEMA for historic
structures.
10-41 Specific Standards for Mobile Buildings and Manufactured Homes - Details
regarding acceptable methods for mobile home installation are removed from code.
Many of these methods are no longer used. The FEMA publication has been updated and
will be used for determining acceptable installation methods.
B. Ordinance No. 161, 2013 — Amending Chapter 10 of City Code Regarding Flood Hazard
Areas to Clarify Certain Provisions.
Several clarification items have been identified by staff to assist in implementing the CWCB
regulations and the City's current Code language. These items include references to updated
FEMA publications, code language that is not written clearly, and clarification of long-standing
policies and practices that will help staff and applicants with understanding the floodplain
requirements. Listed below are the City Code sections along with an explanation of the
proposed change:
IO-16 - Definitions - Add a definition for the word "Abandoned" to facilitate
implementation of the nonconforming structures standards in Section 10-46(1).
10-16 Definitions - Cumulative Substantial Improvements - clarify that this value is
tracked only during the time period that the structure is mapped in the floodplain. A
provision is being added clarifying ordinary maintenance repairs are not to be included
in the calculation of cumulative substantial improvement so long as there are no other
structural improvements taking place. If structural improvements are taking place, then
these items are still to be included in the calculation of substantial improvement or
cumulative substantial improvement. This has been standard practice for over 16 years.
10-16 - Definitions - Add a definition for the word "hardship". This was at the request
of the Water Board. The definition is based on FEMA guidance.
10-16 - Definitions - Letter of Map Amendment and Letter of Map Revision revise by
removing the word "National. "
10-16 - Definitions - Market value is modified with minor clarifications.
10-16 - Definitions - Start of Construction is modified with minor clarifications.
10-16 - Definitions - Substantial Improvement is modified to clarify how the time period
for calculation of substantial improvement is determined. A provision is being added
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November 5, 2013
clarifying ordinary maintenance repairs are not to be included in the calculation of
substantial improvement so long as there are no other structural improvements taking
place. If structuralimprovements are taking place, then these items are still to be
included in the calculation of substantial improvement or cumulative substantial
improvement. This has been standard practice for over 16 years.
10-26(4) Executive Director's Powers and Duties - Revise to only allow a Professional
Land Surveyor to complete a FEMA Elevation Certificate. This is per State law
regarding who is allowed to certify elevations.
10-26(Il) - Provide the Executive Director the ability to require escrow for
improvements that are required as part of approval of a f oodplain use permit.
10-27 Floodplain Use Permit - Add several clarifications:
• Clarify the standards that should be used when preparing (oodplain mapping.
All f oodplain mapping should meet the requirements set forth in the latest version
of the FEMA publication, "Guidelines and Specifications for Flood Hazard
Mapping Partners. "
• Clarify that an escrow may be required.
10-37 General Provisions related to Elevation of Structures - Add a provision clarifying
that a FEMA Elevation Certificate or FEMA Floodproofing Certificate is required to be
submitted and approved for any structure required to elevate under the provisions of 10-
37. This is a minimum FEMA requirement and has been in practice by the City for over
20 years per 10-26 (4) Executive Director's Power's and Duties. Stating this
requirement in Section 10-37 will provide clarification on this requirement for
applicants.
10-38 Specific Standards for Floodproofing - clarified that Section 10-38(3)a. is a ' pre -
construction " foodproofing certificate and 10-38(4) is a "post -construction " elevation
certificate.
C. Ordinance No. 162, 2013 — Amending Chapter 10 of City Code Regarding Flood Hazard
Areas to Revise Certain Requirements.
Unrelated to the State mandatory changes, City staff has identified policy and procedure
changes to the City's floodplain regulations. Listed below are the City code sections along with
an explanation of the proposed change:
10-45 - Map Revision Criteria - Refine the criteria for when map revisions are needed when
working in the floodway and the food elevation is decreasing. This allows projects to
progress to construction faster, by shifting some of the documentation to the end of the
project, rather than the beginning. This new standard will be in alignment with State
minimum requirements. The City's Streets Department Pavement Management Program will
benefit from this change. However, it may result in portions of projects needing to be redone
because not enough analysis was provided at the front-end of the project and problems are
then discovered at the back -end. In certain situations, this may also lead to the City's
mapping becoming out-of-date and/or shifting the responsibility of updates to subsequent
private applicants or the City's Stormwater Department.
10-80 - Emergency Response and Preparedness Plan Requirement for LOMR-Fill Areas -
Adds a provision that an Emergency Response and Preparedness Plan (ERPP) as specified
in City Code Section 10-48 shall remain applicable when a Letter of Map Revision based on
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Fill (LOMR-F) has been issued. This provision should have been included in March 2013
when the ERPP code language was adopted.
10-80 - Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a
required freeboard as a condition of their approval or that were annexed into the City of
Fort Collins, this provision increases the required freeboard for LOMR-Fill from the
minimum one foot State requirement, as provided in Ordinance A; to the elevation
requirements set forth in Section 10-37.
10-80 - Removal of Property from the Poudre River Flood Fringe - Adds a provision that
the requirements of this section apply even if the Letter of Map Revision (LOMR-F) occurred
when not located in the City. This closes a loop -hole of obtaining a LOMR-F prior to
annexation and then not being subject to the conditions established for properties in the City
that go through the same processes. This is especially important related the prohibition of -
residential structures and critical facilities on LOMR-F areas in the Poudre River floodplain.
A provision is included that stipulates that this requirement does not apply to properties
already annexed into the City, except for the freeboard requirement, as required by the
CWCB.
10-113 -. Freeboard for LOMR-Fill Areas - For LOMR-Fill areas that did not have a
required freeboard as a condition of their approval or that were annexed 'into the City of
Fort Collins, this provision increases the required freeboard for LOMR-Fill from the
minimum one fool State requirement, as provided in Ordinance A, to the elevation
requirements set forth in Section 10-37.
10-113 - Removal of Propertyfrom the Flood Fringe of FEMA Basin Floodplains - Adds a
provision that the requirements of this section apply even if the LOMF-F occurred when not
located in the City. This closes a loop -hole of obtaining a LOMR-F prior to annexation and
then not being subject to the conditions established.for properties in the City that go through
the same processes. This is especially important related the prohibition of critical facilities
on LOMR-F areas in the FEMA Basin floodplain. A provision is included that stipulates
that this requirement does not apply to properties already annexed into the City, except.for
the freeboard requirement, as required by the CWCB.
FINANCIAL /ECONOMIC IMPACTS
There will be some short-term financial impacts to some floodplain properties due to the
adoption of the Statewide Floodplain Regulations that require properties to follow certain new
regulation. However, these regulation are also designed to provide long-term financial
benefits by protecting properties from flood damage. If the CWCB regulation were not to be
adopted by the City, there could be sigtiifhcant.financial impacts because the community could be
placed on probation or be suspended from the National Flood Insurance Program. Attachment
6 is a letter from FEMA to the State outlining the consequences for communities that do not
adopt the CWCB's Rules and Regulations.
ENVIRONMENTAL IMPACTS
There will be some short-term .financial impacts to some floodplain properties due to the
adoption of the Statewide Floodplain Regulations that require properties to follow certain new
regulations. However, these regulation are also designed to provide long-term financial
benefits by protecting properties from flood damage. If the CWCB regulations were not to be
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adopted by the City, there could be significant financial impacts because the community could be
placed on probation or be suspended from the National Flood Insurance Program. Attachment
6 is a letter from FEMA to the State outlining the consequences for communities that do not
adopt the CWCB's Rules and Regulations.
BOARD / COMMISSION RECOMMENDATIONS
The Water Board and Planning and Zoning Board each had a work session on this issue and
then took action at a regular meeting. The Water Board voted unanimously in favor of the
proposed changes. Attachment 7 is an excerpt from the Water Board minutes. The Planning
and Zoning Board motion to recommend the proposed changes_failed by a 3-3 vote. Attachment
8 is an excerpt for the Planning and Zoning Board Minutes.
PUBLIC OUTREACH
City staff conducted public outreach during July and 'August to make the public aware of these
required changes. A press release was issued and a web site was created. Presentations were
given to the following groups/organizations:
• Chamber of Commerce -August 23, 2013
• Home Builders Association -August 27, 2013
• City Staff - August 20, 2013 and August 29, 2013
• Landmark Preservation Commission - scheduled for October 23, 2013
The following groups were contacted, but declined a presentation:
• North Fort Collins Business Association
• South Fort Collins Business Association
• Downtown Development Authority
• Board of Realtors
• Natural Resources Advisory Board
Based on feedback from Council during the September 24, 2013 Work Session, staff sent a
postcard to all foodplain property owners to notify them of the proposed changes (Attachment
9)
Feedback
The majority of the attendees of the presentations understood the reason.for the proposed
changes and that it was important for the City to adopt these State -mandated standards. A key
concern from these meetings was the impact on remodels and additions in the Old Town Basin.
Staff understands these concerns and will work closely with property owners and design
professionals to explain the regulations and to work toward creative design solutions that meet
the.loodplain,regulations. It is important to note that past capital projects have reduced the
foodplain and removed over 300 structures from the Old Town foodplain since 1997, thereby
reducing by approximately 37% the number of properties in Old Town that must comply with the
City's _/loodplain regulations. Future capital projects will continue to reduce the number of
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November 5, 2013 .
properties at risk of ,flooding and that must comply with the .floodplain regulations.
Furthermore, it is important to note that there is a variance provision for historically designated
structures that can be utilized when the f oodplain standards cannot be met
There was also concern that the definition of "abandoned" was too harsh and that foreclosed
properties could easily,be considered abandoned. A suggestion was made to not consider a
property abandoned if property taxes were still being paid. Floodplain staff in consultation with
the City Attorneys office did not feel that this was meeting the intent of defining abandoned and
therefore, this suggestion was not incorporated.
In addition, staff responded in writing to questions from Mickey Willis regarding the regulations.
There were several calls received from the postcard that was sent. Many property owners
wanted to know if the changes required them to purchase.flood insurance. A few wanted to know
specifics about their property and any impacts specific to them. However, most callers did not
have any plans to modify or redevelop their property and therefore were not concerned about the
regulations. "
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
Ken Sampley, Stormwater Floodplain Program Manager, briefly introduced the item.
Marsha Hilmes-Robinson, Floodplain Administrator, stated the Colorado Water Conservation
Board (CWCB) has adopted new minimum statewide floodplain standards and all communities
must adopt these minimum standards by January 2014. The City has already adopted many of
these standards and has relatively minimal changes to make. She outlined the areas which will
be impacted by the changes and, discussed the three Ordinances presented for Council
consideration: Ordinance No. 160, 2013, which are the CWCB, required changes, Ordinance No.
161, 2013, which are clarifications to go along<with the CWCB changes, and Ordinance No. 162,
2013, which are the proposed City policy and procedural changes. She detailed the public
outreach process regarding these changes.
Councilmember Cunniff asked if the County will -also need to look at similar changes outside the
City limits. Hilmes-Robinson replied in the affirmative.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 160, 2013, on First Reading. Yeas: Poppaw, Horak, Overbeek, Cunniff and
Troxell. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 161, 2013, on First Reading.
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November S, 2013
Councilmember Troxell asked if this item addresses a'requirement from the state. Hilmes-
Robinson replied it is not a direct requirement but includes items that help facilitate the
implementation of the required items.
The vote on the motion was as follows: Yeas: Poppaw, Horak, Overbeck, Cunniff and Troxell.
Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt
Ordinance No. 162, .2013, on First Reading. Yeas: Poppaw, Horak, Overbeck, Cunniff and
Troxell. Nays: none.
THE MOTION CARRIED.
Adiournment
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck„to adjourn to
6`00 p.m. November 12, 2013. Yeas: Overbeck, Cunniff, Troxell, Poppaw, Horak and Campana.
Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 9:55 p.m.
ATTEST:
4L
City Clerk p ,
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