HomeMy WebLinkAboutMINUTES-07/02/2013-RegularJuly 2, 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, July 2, 2013, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by
the following Councilmembers: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and
Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy,
Agenda Review
City Manager Atteberry recommended Item No. 15, First Reading of Ordinance No. 094, 2013,
Authorizing the Lease of City -Owned Property at 212 Laporte Avenue to Feeding Our Community
Ourselves, Inc. for Up to Five Years, be postponed to a later date, and that Item No. 19, Resolution
2013-058 Approving an Intergovernmental Agreement Between the City of Fort Collins and Fort
Collins -Loveland Water District For Participation in a Joint Regional Water Treatment Solutions
Study and Item No. 20, Resolution 2013-059 Making a Liaison Appointment to the Planning and
Zoning Board, be postponed to July 16,
Citizen Participation
Eleanor Dwight, 1012 Sailors Reef, opposed the tree removal process at Warren Lake and stated
sprinklers were broken in the process.
Duane Rasmussen,1033 Sailors Reef, opposed the tree removal process at Warren Lake and showed
photos of the site.
Howard Stimley, 1037 Sailors Reef, discussed the desires of the Warren Lake residents regarding
mitigation for the tree removal.
Bree Marietta, 1005 Sailors Reef, opposed the tree removal process at Warren Lake.
Wendy Walmsley, 1068 Sailors Reef, opposed the tree removal process at Warren Lake.
Chris Hays, Human Relations Commission, announced seminars on mental health and healthy aging
issues.
Mel Hilgenberg, 172 North College, announced upcoming community events and urged Council to
opposed the on -campus stadium.
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Debbie Carroll, Fort Collins resident, discussed the unlawful removal of a child in California and
related the case to a Larimer County case.
Stacy Lynne, 305 West Magnolia, discussed her driver's license removal by the state and opposed
law enforcement and judicial processes.
Bill Mawhiney opposed law enforcement and judicial processes related to his daughter, Stacy Lynne
and opposed Councilmembers leaving chambers during citizen participation.
Mike Pruznick, 636 Castle Ridge Court, discussed Fort Collins' economic position and suggested
the City reconsider its jobs growth policy. He questioned Councilmembers leaving chambers during
citizen participation.
Citizen Participation Follow-up
Councilmember Poppaw stated she leaves chambers during irresponsible and inflammatory
comments and noted Council has no control over child custody cases.
Mayor Weitkunat requested an update regarding the tree removal at Warren Lake. City Manager
Atteberry replied City staff members have been actively involved in the discussion.
Bruce Hendee, Chief Sustainability Officer, stated neighborhood meetings have been held and
neighbors were promised a landscape plan and work. He discussed a possible violation of the City
Charter which led to a stop work order for the contractor and stated a Warren Lake Reservoir
Company shareholder meeting needs to occur prior to approval of a mediation plan. He stated that
meeting will hopefully occur within the next week.
Councilmember Cunniff asked when restoration will begin, assuming approval at the shareholder
meeting. Hendee replied he does not have a specific date but hopefully work will begin within a few
weeks.
Councilmember Campana asked about the broken sprinkler systems. Hendee replied sprinklers were
broken on both the Warren Lake property and on private property. He stated the direct expenditure
of City funds on this project would not meet City Charter provisions.
Mayor Pro Tern Horak expressed concern regarding the fact that the City owns a majority share in
the Warren Lake Reservoir Company and has such little control. City Manager Atteberry replied
he intends to ensure the City is represented comprehensively on each of the boards.
Councilmember Campana encouraged additional, ongoing communication with the neighborhood.
Mayor Pro Tem Horak commented on the lack of following procedure during citizen participation.
Councilmember Overbeck commented on the public process of citizen participation.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the June 4 and June 18, 2013 Regular
Meetings and the June 11, 2013 Adjourned Meeting.
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7. Second Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the
General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities.
The Fort Collins Housing Authority paid the City of Fort Collins $3,169 as the 2012
payments for public services and facilities. This Ordinance, unanimously adopted on First
Reading on June 18, 2013, refunds those payments, also known as Payment in Lieu of Taxes
(PILOT), to fund sorely needed affordable housing related activities and to attend to the low-
income housing needs of Fort Collins residents.
8. Second Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non -
Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates
Homeowners Association.
This Ordinance, unanimously adopted on First Reading on June 18, 2013, formalizes the
Natural Areas Department verbal agreement with Paragon Estates Homeowners Association
(HOA) for access across an existing two -track road off Trilby Road to the HOA's
pumphouse. The pumphouse is located within an existing irrigation easement on Fossil
Creek Wetlands Natural Area. The HOA's current access has minimal impact to the Natural
Area and no additional impacts are anticipated. Access would be solely for maintenance and
operation of the facilities associated with the existing irrigation easement. No other access
rights are to be conveyed.
9. First Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi -jurisdictional Northern Colorado Drug Task Force,
Fort Collins Police Services applied to the Office of National Drug Control Policy and the
Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for
federal grant monies to help fund the investigation of illegal narcotics activities in Larimer
County. These grant awards will be used to offset operating expenses for each participating
agency.
In addition, because of the significant decrease in federal funds available for drug
enforcement, the drug task force is transferring $170,888 from its forfeiture reserve account
to its 2013 operating budget to cover unfunded expenses. The majority of the forfeiture
reserve account is made up of assets seized from people engaged in illegal drug activities.
10. First Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the
General Fund to Fund the Costs Associated with the Medical Marijuana Licensing
Authority.
The purpose of this Ordinance is to appropriate medical marijuana application and licensing
fees to fund the services provided by a contractual Medical Marijuana Licensing Authority.
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July 2, 2013
11. First Reading
Transportation
of Ordinance No.
089,
2013, Appropriating
Prior Year Reserves
in the
Services Fund and
in the
Stormwater Fund for
the Restoration of 60
Feet of
Frontage along the Poudre River Owned by the City of Fort Collins.
This Ordinance appropriates $100,000 split evenly between Stormwater Reserves and
Transportation Reserves for 60 feet of frontage restoration between the Block One area of
responsibility and the Linden Street bridge. Reimbursement from the City shall be limited
to 40% of the total actual costs, not to exceed $100,000. Reimbursements are to cover the
restoration of 60 feet of frontage owned by the City of Fort Collins. Eligible costs for
reimbursement include design, a conditional letter of map revision (CLOMR) and
construction costs.
12. Items Relating to Natural Area Appropriations.
A. First Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing
Natural Areas Programming Not Included in the 2013 Adopted City Budget.
B. First Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the
Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital
Project Fund for the Natural Areas Office Building Project and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
Prior to 2004, the Natural Areas Department was housed within the Capital Projects Fund
and, therefore, funds did not lapse from year to year. During 2004, in order to comply with
the Governmental Accounting Standards Board, Natural Areas appropriations and funding
sources were moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds
need to be appropriated into the following year's budget before they can be spent. The
purpose of the previously appropriated funds remains the same: land conservation,
construction of public improvements, restoration of wildlife habitat and other natural area
program needs to benefit the citizens of Fort Collins. Natural Areas has received
unanticipated revenues in 2013 and has reasons to need these funds in 2013 to fund a number
of land conservation efforts.
Ordinance No. 090, 2013, will appropriate $7,310,000: $5,380,000 from prior year reserves
and $1,930,000 from 2013 unanticipated revenues in the Natural Areas Fund for the purpose
of providing Natural Areas Programming not included in the 2013 budget.
Ordinance No. 091, 2013, will appropriate $1,420,000 from prior year reserves in the
Natural Areas Fund for transfer to the Capital Project Fund for the purpose of constructing
a new Natural Areas Office building.
13. First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use
Code.
Staff has identified a variety of proposed changes, additions and clarifications in the 2013
annual update of the Land Use Code.
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July 2, 2013
14, First Reading of Ordinance No. 093, 2013, Establishing User Fees for Public Use Electric
Vehicle Charging Stations.
This Ordinance will establish user fee rates for public use electric vehicle charging stations
operated through the City's public electric vehicle (EV) charging station pilot program.
These user fees only apply to the public use charging stations owned and operated by the
City of Fort Collins Utility Services. The user fees for use of 240 volt "Level 2" charging
stations will be $1.00 per 1 hour charging session and the fee for use of a 480 volt "Level
3" DC quick charger will be $3.00 per session. These fees are calculated to recover the
direct energy and payment processing costs associated with each charging session. While
user fees for general fund services can be established administratively by the City Manager,
Council must establish all Utility Services rates and fees by ordinance.
15. First Reading of Ordinance No. 094, 2013, Authorizing the Lease of City -Owned Property
at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. for Up to Five Years.
(This item has been withdrawn from consideration)
Feeding Our Community Ourselves, Inc. wishes to lease 212 West Laporte Avenue to house
a non-profit cafe with a minimal food processing facility. The total yearly lease payment
for the property will be a minimum of $44,688. The term of the lease shall be for one (1)
year, with renewals on a yearly basis for up to four (4) successive one-year terms. With this
lease, either party will have the option to terminate at any time upon a one (1) year advance
written notice to the other party. The tenant will be responsible for the taxes, all utilities,
communication services, trash services and janitorial services.
16. First Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing
the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to
Public Service Company of Colorado, to Increase the Easement Term from Fifteen to
Twenty Years.
The purpose of this Ordinance is to amend Ordinance No. 068, 2013,extending the period
from fifteen to twenty years. Ordinance No. 068, 2013, authorizing conveyance of a Non -
Exclusive Utility Easement to Xcel, was adopted in May, and follow-up conversations with
Xcel (Public Service Company) require this extension.
This easement addresses the location of West Main pipeline at the northwest corner of
Harmony Road and Shields Street and provides for the location in the right of way instead
of on private property. The City has agreed to pay for any relocation of the approximately
2000 feet of line adjacent to the property that may be necessary in the next twenty years.
This is a low -risk option and will be consistent with the location of the pipeline in the
Shields Street right of way. In order to document this agreement between the City and Xcel,
staff is recommending a Non -Exclusive Pipeline Easement within the Shields Street right
of way.
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17, Resolution 2013-056
Authorizing
the City
Manager to Execute the 2013 Grant Agreement
(AIP Proiect No. 3-08-0023-32-2013)
with the Federal Aviation Administration for
Improvements at the Fort Collins -Loveland Municipal Airport.
This Resolution authorizes the City Manager to execute a Grant Agreement from the Federal
Aviation Administration (FAA) for up to $1,536,295. This FAA Grant will be used to for
a capital construction project that includes the rehabilitation and repair of the Airport's
primary aircraft apron and perimeter fence completion.
18. Resolution 2013-057 Authorizing the Mayor to Execute an Intergovernmental Agreement
Between the City and the Colorado Department of Transportation for the Purpose of
Establishing Performance, Monitoring and Mitigation Parameters for the Jefferson Street
Corridor,
City Council approved the Jefferson Street Alternatives Analysis Study report on June 5,
2012. This included the recommended preferred corridor and intersection alternatives as
well as actions needed to amend the Jefferson/Riverside (SH 14) Access Management Plan.
City staff worked with Colorado Department of Transportation (CDOT) over the past year
to finalize an Intergovernmental Agreement (IGA) with CDOT regarding the recommended
changes for Jefferson Street. This IGA spells out the conditions CDOT and the City agree
to for converting Jefferson Street from a four lane street to a three lane street. This includes
the required monitoring of traffic conditions before and after the conversion, mitigation
measures to address problems if needed and if all mitigation measures fail the IGA allows
CDOT to convert Jefferson Street back to four lanes (as a last measure).
19. Resolution 2013-058 Approving an Intergovernmental Agreement Between the City of Fort
Collins and Fort Collins -Loveland Water District For Participation in a Joint Regional Water
Treatment Solutions Study.
Staff proposes to enter into an intergovernmental agreement for a joint study to examine
options for regional water treatment solutions between the Tri-Districts and the City of Fort
Collins. The scope of any cooperative solution is strictly limited to creating a business
model of receiving raw water, treating it, and returning a finished potable water product to
the member entities at a wholesale rate. Options range from remaining independent,
additional intergovernmental agreements, combining facilities, or other options to be
determined during the investigation phase of the study. Acquisition and control of water
rights or raw water storage is not part of this discussion.
20. Resolution 2013-059 Making a Liaison Appointment to the Planning and Zoning Board.
(This item has been withdrawn from consideration)
This Resolution appoints Mayor Karen Weitkunat as the liaison to the Planning and Zoning
Board, replacing Councilmember Gino Campana.
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21, Resolution 2013-060 Making Appointments to the Citizen Review Board and the Golf
Board_
A vacancy currently exists on the Citizen Review Board due to the resignation of James
O'Neill. Mayor Karen Weitkunat and Mayor Pro Tem Gerry Horak reviewed applicants on
file and elected to interview the applicants. After conducting interviews, Mayor Weitkunat
and Mayor Pro Tem Horak recommend Austin Saunders to fill the vacancy with a term to
begin immediately and set to expire on December 31, 2016.
One vacancy currently exists on the Golf Board due to the resignation of Robert Visocky.
Since there were no applicants on file, Mayor Pro Tem Gerry Horak and Councilmember
Lisa Poppaw elected to readvertise for the vacancy. After conducting interviews, Mayor Pro
Tem Gerry Horak and Councilmember Lisa Poppaw recommend Tim Martinez to fill the
vacancy with a term to begin immediately and set to expire on December 31, 2014.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
7. Second Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the
General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable
Housing and Related Activities.
8, Second Reading of Ordinance
No. 086, 2013, Authorizing the
Conveyance of
a Non -
Exclusive Access Easement on
Fossil Creek Wetlands Natural
Area to Paragon
Estates
Homeowners Association.
27, Second
Reading
of
Ordinance No. 082, 2013, Appropriating Prior Year
Reserves in the
General
Fund to
Be
Used for Operation of the Sister Mary Alice Murphy
Center of Hope.
28. Second Reading of Ordinance No. 084, 2013 Authorizing the Conveyance of Four
Easements, a Temporary Construction Easement and a Revocable Permit on City Right -of -
Way and City -Owned Property to Linden Bridges LLC for the Encompass -River District
Block One Mixed Use Development.
Ordinances on First Reading were read by title by City Clerk Nelson.
9, First Reading of Ordinance No. 087, 2013, Appropriating Unanticipated Grant Revenue in
the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts
and Projects for the Multi jurisdictional Northern Colorado Drug Task Force,
10, First Reading of Ordinance No. 088, 2013, Appropriating Unanticipated Revenue in the
General Fund to Fund the Costs Associated with the Medical Marijuana Licensing
Authority.
July 2, 2013
11. First Reading of Ordinance No. 089, 2013, Appropriating Prior Year Reserves in the
Transportation Services Fund and in the Stormwater Fund for the Restoration of 60 Feet of
Frontage along the Poudre River Owned by the City of Fort Collins.
12.Items Relating to Natural Area Appropriations,
A. First Reading of Ordinance No. 090, 2013, Appropriating Prior Year Reserves and
Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing
Natural Areas Programming Not Included in the 2013 Adopted City Budget.
B. First Reading of Ordinance No. 091, 2013, Appropriating Prior Year Reserves in the
Natural Areas Fund and Authorizing the Transfer of Appropriations to the Capital
Project Fund for the Natural Areas Office Building Project and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
13, First Reading of Ordinance No. 092, 2013, Making Various Amendments to the Land Use
Code.
14. First Reading of Ordinance No. 093, 2013, Establishing User Fees for Public Use Electric
Vehicle Charging Stations,
16, First Reading of Ordinance No. 095, 2013, Amending Ordinance No. 068, 2013, Authorizing
the Conveyance of a Non-exclusive Utility Easement in a Portion of South Shields Street to
Public Service Company of Colorado, to Increase the Easement Term from Fifteen to
Twenty Years,
26, Items Relating to Urban Agriculture.
A. First Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the
Addition of Provisions Pertaining to Urban Agriculture.
B. First Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of
the City Code Related to the Care and Keeping of Animals.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Poppaw, to adopt and approve
all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Poppaw, Cunniff, Overbeck,
Campana, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Staff Reports
Poudre Fire Authority Fire Marshal Bob Poncelow discussed the safety of the City's 4th of July
fireworks show and noted all fireworks are illegal in the city limits.
Police Chief John Hutto discussed enforcement policies and procedures regarding violations of
fireworks laws.
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July 2, 2013
Councilmember Cunniff requested additional information be placed on the City's website regarding
contact information for fireworks complaints.
Mayor Pro Tern Horak commended work on the fireworks outreach plan.
Councilmember Reports
Mayor Pro Tern Horak reported on the American Public Power Association conference and the Front
Range summit meeting in Loveland.
Councilmember Troxell reported on the Innovation After Hours event.
Mayor Weitkunat reported on the Highway 287 Coalition meeting and the Colorado Municipal
League conference.
Items Relating to Urban Agriculture, Adopted on First Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 096, 2013 Amending the Land Use Code to by the Addition
of Provisions Pertaining to Urban Agriculture,
B. First Reading of Ordinance No. 097, 2013 Amending Chapter 4, Article II & III of the City
Code Related to the Care and Keeping of Animals (Option 1 or Option 2).
The purpose of this item is to better align the Land Use and City Code with City Plan by allowing
urban agriculture land uses in all zone districts, expand the districts where farmers markets are
allowed, and allow a broader range and number of animals to be raised in the City.
City Plan contains several principle and policy statements aimed at promoting local food
production. Several City Departments are coordinating with numerous public, private, and
academic entities to implement these principles and policies. However, the Land Use Code is in
direct conflict with City Plan as it only allows urban agriculture in four of the twenty-five zone
districts as a primary use. While City Council amended the Land Use and City Code in 2008 to
allow six chickens hens per lot (Ordinance No. 072, 2008), hundreds of citizens expressed the desire
to practice urban agriculture in more zones in the City, allow farmers markets in more areas, and
allow for a wider range and number of animals to be raised.
Based on City Plan and this feedback, staffproposes Land Use and City Code changes to implement
City Plan. The proposed Land Use Code changes include (1) the establishment of an urban
agriculture licensing system that will allow urban agriculture in all zone districts and (2) allowing
farmers markets in more zone districts in the City. Proposed City Code changes include (1) scaling
the number of chickens allowed based on lot size, (2) allowing duck hens to be raised, and (3)
updating the beekeeping Ordinance to reflect current best practices.
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July 2, 2013
BACKGROUND /DISCUSSION
Urban agriculture includes the production, distribution and consumption of locally produced food
in an urban environment. City Plan contains principles and policy statements in support of urban
agriculture in three of the seven key issue chapters. Partnerships internal and external to the City
are working to implement these policy and principle statements. For example, the Social
Sustainability Department and the Gardens on Spring Creek are implementing the Community
Gardens Outreach Program (Offer 236.1) to promote access to community gardens in low-income
neighborhoods. The Planning Department is coordinating with numerous entities to ensure the Land
Use Code and City Codes are not acting as a barrier to implementing urban agriculture in the City.
Throughout this year, representatives from the private sector, public sector, and academic sector
are coming together to identify how we can implement City Plan strategically through the
development of a Local Food Cluster, sponsored by the City's Economic Health Department. Each
of these efforts is critical to implement the urban agriculture portions of City Plan.
What is before Council on July 2 is the effort to remove the Land Use and City Code barriers that
would allow more urban agriculturepractices to takeplace throughout the City. Currently, the Land
Use Code only allows urban agriculture as a primary use in four of the City 's twenty-five zone
districts (see Attachment 1: Map of Zone Districts), yet these uses are currently being practiced in
numerous other zone districts (see Attachment 2: Map of Urban Agriculture Land Uses).
This project aligns with the City Plan Principle SW 3, which states, "The City will encourage and
support local food production to improve the availability and accessibility of healthy foods, and to
provide other educational, economic, and social benefits. "
Based on research, outreach, and City Plan direction, this project has the following objectives:
Objectivele Create an alternate development review process for urban agriculture land uses
The first project objective is to create an urban agriculture licensing system that allows urban
agriculture to be practiced throughout the City while ensuring neighborhood compatibility. If
adopted, urban agriculture will be a permitted use in all zone districts, subject to the licensing
requirements set forth in Section 3.8.31 of the Land Use Code. This licensing system creates a
process for these land uses to be permitted without requiring the uses to go through development
review, which could prove prohibitive for achieving the City Plan principle of encouraging local
food production.
Based on feedbackfrom Council, a specific application requirement will be to provide more detailed
information on the proposed manure management at the site (see Attachment 3 for all submittal
requirements).
Objective 2: Allows farmers markets to be permitted in additional zone districts
Staff is proposing that farmers markets be allowed, in addition to the existing zone districts, in the
LMN (Low Density Mixed -Use Neighborhood) and MMN (Medium Density Mixed -Use
Neighborhood) zone districts. However, staff is recommending that these uses be allowed only if
located within a neighborhood center, park, or central feature orgatheringplace to ensure that the
traffic and other nuisance issues, as identified through the survey, are minimized. Staff is also
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July 2, 2013
proposing that farmers markets be allowed in the HMN (High Density Mixed -Use Neighborhood)
district, which is limited in its geographic extent and would not likely pose the same concerns as in
the other zone districts.
Objective 3: Scale the number of chickens allowed based on lot size, allow duck hens to be raised,
and update the beekeeping standards
Staff proposes the following structure for scaling chickens and ducks based on lot size:
• Less than 112 acre — up to eight chickens and/or ducks, combined (this would allow everyone
in the City to have up to eight chickens and/or ducks, similar to the City of Denver);
• Between 112 acre and I acre — up to twelve chickens and/or ducks; and
• More than I acre — six chickens and/or ducks per each additional %z acre above a one -acre
lot size, however, when more than twelve chickens and/or ducks are requested, then all
abutting property owners must be notified prior to the issuance of a license to ensure
compatibility with the neighbors.
One discussion during the May 14 Council Work Session was whether male ducks (drakes) should
be allowed to be raised within the City. While they do not pose the same level of noise concerns that
roosters do, CSU experts and Larimer County Department of Health staff presented concerns
related to handling ducklings and to the noise concerns that could still arise from allowing drakes.
Though raising drakes with hens can be beneficial to the overall health of the animals, staff is
recommending that drakes not be allowed within the City at this time.
With regard to bees, numerous citizens requested removing the current requirement that hives be
only Langstroth-style hives, since it is an antiquated standard. Numerous other communities,
including Larimer County, regulate beekeeping based on movable comb hives. Staff is
recommending that the hive requirement be updated to reflect more recent best practices and
require movable comb hives instead of Langstroth-style hives. In addition, citizens requested
additional time to dispose of or combine nucleus colonies. Instead of 30 days to dispose of or
combine the colony, staff is recommending allowing residents up to 60 days.
Note there are two separate licenses within this discussion:
1. Uban Agriculture License — this license will be managed by the Planning Department and
will be for those land uses, e.g., community gardens, market gardens, etc. where the garden
or farm is the principal use on the land. As discussed during the May 14, 2013 Work Session,
the fee for the licenses will be waived for the first year to allow existing gardens and farms
to comply with the proposed regulations.
2. PoultryLicense (currently the chicken license) — this license will be managed by the Larimer
County Humane Society and will be for anyone wishing to obtain chicken hens and/or ducks
hens in compliance with the proposed City Code regulations. The fee for this license is $35.
Other Objectives and Next Steps,
Goats
July 2, 2013
In discussions with the community, the public outreach process, and during the Council Work
Session on May 14, significant support has been expressed for allowing miniature or pygmy goats
to be raised within City limits. However, in May, staff met with representatives from the Larimer
County Department of Health, CSU Extension, CanDo (the Coalition for Activity and Nutrition to
Defeat Obesity), and Animal Control to obtain their feedback on the proposed code changes.
During this discussion, staff learned that there is a disease associated with goats (Q fever) that has
the potential to affect residents beyond the individuals actually raising the goats. For example, Q
fever is a wind-borne disease that has the potential to affect neighbors who did not choose to be
impacted, and can be threatening to sensitive populations. Further, staff learned there is not a
vaccine or reliable screening test for this disease.
In addition to Q fever, CSU experts also expressed concerns over the increasing number of cases
of rabies in the Front Range. As such, they are concerned that increasing the types of animals
allowed within the City could increase the number of rabies incidences, especially as there is a not
a vaccine labeled for goats in the United States. Staff should note that there is an "off label "
vaccine that veterinarians can use in goats in general practice, but the lack of an approved vaccine
forgoats creates a situation whereprevention of transmitting the disease between goats and humans
cannot be guaranteed.
After the discussion, staff contacted other urban, municipal governments that allow goats, e.g.,
Denver (allowed since 2011) and Seattle (allowed since 2007). Staff spoke with health experts from
those areas as well as representatives from the Center for Disease Control, CSU's Urban
Agriculture Program, and numerous citizens. While all health representatives acknowledged the
risks of Q fever, they acknowledged that no Q fever outbreaks have occurred in urban environments
and the risk is low that an outbreak would occur in the City, should the City allow goats to be
raised.
If the City were to moveforward with allowing goats, CSUexperts have recommended thatpotential
goat owners be required to take a class in animal husbandry, care, and disease prevention and
management. They also suggested an inspection of the goat facilities prior to issuing a license
should be required.
Due to the low number of citizens who have requested an interest in raising goats, to staffs
knowledge, the amount of resources required to coordinate these classes and conduct the
inspections, and thepotential health risks to the community, staff is not recommending that Council
allow goats to be raised at this time.
Year-round Growing
During the public outreach process, citizens and farmers requested that other issues be addressed,
including allowing hoop houses (temporary greenhouses with frames made of conduit, PVC, or
wood covered by polyurethane) within the City without a building permit. Staff is currently
coordinating the required code changes to allow hoop houses and intends to bring these changes
forward with the building code revisions this fall.
July 2, 2013
Water Quality
During the May 14 Council Work Session, staff was asked to assess if baseline sampling could be
conducted to ensure that water quality does not degrade as a result of allowing urban agriculture
within the City. Through discussions with Utilities, staff learned we would need to have a better
understanding of the types of chemicals being used at the site before we could conduct this
sampling. Staff has added questions related to the use, timing, and frequency of chemicals to the
submittal checklist. If farmers or gardeners propose to use these chemicals, staff will have a better
understanding of what chemicals will need to be tested. As these tests can prove expensive, staff can
also provide these applicants with resources regarding alternative, organic treatments to minimize
the use of these chemicals.
Implementation Report
As discussed during the Work Session, staff will provide an implementation report to Council in the
summer of 2013 with at least the following information:
• Number of urban agriculture and poultry licenses issued;
• Average staff time to process a license;
• Whether a particular size of operation causes greater impacts than smaller operations;
• If any applicants proposed to use synthetic chemicals and if a change in water quality was
able to be sampled for (and detected);
• If additional demand for goats has arisen and if the City should pursue allowing goats;
• If allowing drakes (male ducks) should be considered;
• Other key issues that have arisen during the licensing process; and
• Any suggested refinements to the urban agriculture regulations.
FINANCIAL /ECONOMIC IMPACTS
The economic impacts to the City of Fort Collins from producing more food locally have not been
quantified, However, Boulder County conducted a study in 2012 and found that if 25% offoods were
produced locally, the economic impacts of this 25% shift would provide 1, 899 additional jobs, over
80 million dollars in wages, and almost 12 million dollars in additional business taxes would be
generated in Boulder County alone (see http://www.fcgov.com/d`evelopmentreviewlpd`f/ua-be-
local.pdf or the presentation by Hill Grimmett, former Executive Director of Be Local Northern
Colorado).
In addition to the broader economic impacts, being able to produce your own food or obtain more
food locally supports the City's goal of a more resilient local economy (Principle EHI).
ENVIRONMENTAL IMPACTS
Allowing urban agriculture to proliferate within City limits presents the opportunity to have
numerous environmental impacts. These benefits include the potential for increased pollinator
populations (biodiversity) and the psychological benefits of local food production and being more
self-sufficient. In addition, the production of more food locally can reduce greenhouse gas (GHG)
emissions by reducing the vehicle miles traveled by the food we consume. For these reasons, and
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July 2, 2013
many more, urban agriculture presents an opportunity for the City to provide for a local, resilient
food economy.
BOARD / COMMISSION RECOMMENDA TION
The Planning and Zoning Board unanimously (5-0) recommended approval of the Land Use Code
amendments related to urban agriculture during its March 21, 2013 meeting (Attachment 4).
The Economic Advisory Commission unanimously (9-0) recommended approval of the Land Use
Code amendments during its April 17, 2013 meeting (Attachment 5).
The Natural Resources Advisory Board unanimously (7-0) recommended approval of the Land Use
Code and City Code amendments related to urban agriculture during its May 15, 2013 meeting
(Attachments 6 and 7).
Staff also met with the Landmark Preservation Commission (Aug 2012), the Fort Collins Housing
Authority Development Committee (Aug 2012), the Parks and Recreation Advisory Board (Sept
2012), and the Senior Advisory Board (Sept 2012). All boards expressed general support for the
changes.
PUBLIC OUTREACH
On July 2, 2012, the urban agriculturepublic engagementplan was submitted to Council. Extensive
public outreach, including a project website, online survey (611 responses), public open house (95
attendees), several focus group discussions with local farmers, Homeowners Associations, the
Larimer County Humane Society, and discussions with six City Boards and Commissions occurred
since the project was initiated (in accordance with the Project's Public Engagement Plan). Staff
also benchmarked existing City regulations with other similar communities, including Austin,
Portland, Seattle, Steamboat Springs, Denver, and Wheat Ridge. The attachments related to these
outreach efforts were provided to Council during its May 14, 2013 Work Session (available at the
project website at http://fcgov.com/urbanagriculture)I "
Lindsay Ex, Senior Environmental Planner, stated the goal of this item is to ensure City regulations
support urban agriculture land uses and better align with City Plan. She discussed the three
objectives of the Plan: create a licensing system that allows urban agriculture to occur in all zone
districts throughout the City; better align the Land Use Code by allowing farmer's markets in
additional zone districts; and allow duck hens in addition to chicken hens, update to beekeeping
regulations, and to address the question of whether or not to allow goats within city limits.
Dennis Stenson, Happy HeartFarm, 2820 West Elizabeth, supported the Ordinances and commented
on the growth of the Fort Collins local farming industry.
Janice Lynne, 218 South Washington, supported the Ordinances and supported allowing goats
within city limits.
Sherry Due, 2424 Sheffield Circle East, supported the Ordinances and supported allowing goats
within city limits.
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July 2, 2013
Tom Hoehn, 218 South Washington, supported the Ordinances and supported allowing goats within
city limits.
Andrea Musselman, 717 Scenic Drive, opposed allowing roosters within city limits.
Gerry Becker, Fort Collins resident, supported the Ordinances and supported allowing goats within
city limits.
Loya Lehnert, 901 Scenic Drive, questioned the regulations regarding Urban Estate zoning.
Mike Pruznick, 636 Castle Ridge Court, supported the Ordinances and supported allowing goats
within city limits.
David Walters, Larimer County resident, supported allowing goats within city limits.
Pam Stevens, Fort Collins resident, supported the Ordinances and supported allowing goats within
city limits.
Dr. Nancy Irlbeck, Wellington resident, supported the Ordinances but expressed concern regarding
animal welfare. She opposed allowing goats within city limits.
Kristy Pabilonia, DVM, 615 Wood Street, stated a document in which she was cited is incorrect and
discussed health concerns regarding consuming raw milk.
Dr. Adrienne LeBailey, Larimer County Department of Health and Environment Director, expressed
concern regarding Q fever with regard to allowing goats within city limits.
John Anderson, Fort Collins resident, supported additional debate on the topic and encouraged
Council to adopt the Ordinances on First Reading. He questioned the accuracy of the Health
Department's statements.
Cheryl Distaso, Fort Collins Community Action Network, thanked staff for work and transparency
on the topic and supported the Ordinances, including allowing goats within city limits.
Mayor Weitkunat requested information regarding roosters in the Urban Estates zone. Ex replied
there are some zone districts which do allow farm animals and noise complaints would be addressed
through the City's nuisance codes. Beyond horses, there are no specific regulations for keeping
farm animals in those zone districts at this time. Bill Porter, Animal Control, replied roosters are
permitted in Urban Estate areas and noise complaints are processed through the animal disturbance
code.
Councilmember Cunniff asked about reduced aggression in altered male goats. Ex replied it is
consistent for other communities to allow altered male goats.
Councilmember Cunniff asked whether active on -site breeding would occur. Ex replied in the
negative but stated birthing could occur on -site.
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July 2, 2013
Councilmember Cunniff asked whether roosters and drakes would be allowed in other zone districts.
Ex replied in the negative.
Dr. Irlbeck stated males need to be altered when they are young in order to reduce aggressive
behavior.
Councilmember
Overbeck asked
about
the cost of altering a goat. Ms. Irlbeck
replied the cost is
minimal if done
when the goat is
young
and is up to two hundred dollars when
older.
Councilmember Troxell asked when existing City mowing codes would go into effect, should a
garden not be maintained. Ex replied all of the urban agricultural land uses are required to be kept
up in accordance with Chapter 20 of the Municipal Code. She noted compliance is always the first
goal of the City.
Councilmember Troxell asked about the public process involved regarding livestock. Ex replied
the Code is currently written to inform neighbors should the individual want to keep a goat and to
reduce the setback to less than fifteen feet.
Mayor Pro Tern Horak requested information regarding other cities in which goats are allowed. Ex
replied there has never been an incidence of a Q fever outbreak in similarly -sized cities allowing
goats. Dr. LeBailey replied the bacteria that cause Q fever is considered ubiquitous throughout the
world and a large outbreak is typically required prior to recognition of an issue.
Councilmember Cunniff requested a comparison of actuarial risks of Q fever to toxioplasmosis,
hook worm, or e. coli. Dr. LeBailey replied e. coli does not travel through the air.
Mayor Weitkunat stated the Ordinance references a requirement for education and inspections
regarding goat keeping and asked where the resources will be found for such programs. Ex replied
staff is proposing a way to offset the additional resources through a separate goat license. She noted
Dr. Irlbeck has offered to train Humane Society staff to complete pre -inspections to ensure animal
welfare concerns are addressed.
Mayor Weitkunat asked if follow-up inspections are planned. Ex replied follow-up inspections
would occur only if there is a complaint issued. Mr. Porter stated staff is not anticipating a large
number of individuals requesting the goat license.
Councilmember Overbeck
asked about the
licensing fee of $35
for
poultry.
Mr.
Porter replied it is
currently
$35 for a lifetime
poultry license
and the proposal is
the
same for
goat
licenses.
Councilmember Overbeck asked if other communities allowing goats have developed classes. Ex
replied she was unsure of another community requiring classes, but communities do provide many
informational materials.
Councilmember Campana made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 096, 2013, on First Reading.
Councilmember Cunniff supported the Ordinance and commended staff on work on the item.
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July 2, 2013
The vote on the motion was as follows: Yeas: Horak, Weitkunat, Poppaw, Troxell, Overbeck,
Cunniff and Campana. Nays: none.
THE MOTION CARRIED.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to adopt Ordinance
No. 097, 2013, Option 2, on First Reading,
Councilmember Cunniff noted disease is always a risk and suggested the issue could be addressed
with the educational component.
Councilmember Troxell expressed concern regarding the airborne disease aspect of allowing goats.
He stated he could support the item if a review would occur after two years.
Councilmembers Cunniff and Poppaw accepted the review requirement as a friendly amendment.
Councilmember Poppaw requested regular updates within the two-year time period, as well.
Mayor Weitkunat asked about the possibility of limiting goats to only females. Dr. Regan Adams,
CSU Extension DVM, stated two goats are recommended because they are herd animals. If milk
is the desired use, the goat must have babies.
Councilmember Troxell requested opinions regarding information to be collected during the two-
year period. Dr. Adams noted there is a concern regarding the soil of land that has been used for
goats; that issue would not be resolved with a trial period.
Councilmember Poppaw encouraged the implementation of a comprehensive educational program.
City Attorney Roy clarified the Ordinance is written such that it would not allow goats to be raised
for slaughter, either on or off -site. Should Council have a different intention, it would need to be
addressed at Second Reading,
Mayor Weitkunat expressed concern regarding the health and safety of the community.
The vote on the motion was as follows: Yeas: Cunniff, Overbeck, Poppaw and Horak. Nays:
Weitkunat, Campana and Troxell.
THE MOTION CARRIED.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 082, 2013,
Appropriating Prior
Year
Reserves in the
General
Fund
to Be Used for
Operation
of the Sister Mary
Alice
Murphy Center
of Hope,
Adopted
on Second
Reading
The following is the staff memorandum for this item.
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July 2, 2013
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on June 11, 2013, by a vote of 5-2 (nays: Cunniff,
Poppaw), appropriates funding in the amount of $45, 000 for the operation of the Sister Mary Alice
Murphy Center of Hope, from January to July, 2013 (six months). Other funding partners include
United Way ($58, 000), Bohemian Foundation ($45,000) and Serve 6.8 ($35, 000). The Murphy
Center, located at 242 Conifer Street, is the one -stop center in Fort Collins for homeless and near
homeless persons. The operation of the Center is an important component in the community's
network of housing and complimentary services so that homelessness is rare, short-lived and non-
recurring in Fort Collins.
At Council's direction on First Reading, a new Section was added to the Ordinance, affirming that
the provision of funds serves an important public purpose. "
Bruce Hendee, Chief Sustainability Officer, briefly discussed the item.
Councilmember
Poppaw stated this issue is
not about the Murphy
Center,
but rather about
backfilling reserves for the United Way, which
is rather unorthodox for
the City
to do.
Mike Pruznick, 636 Castle Ridge Court, supported the Ordinance as United Way has done much to
support the Center which provides a great deal of community benefit.
Councilmember Cunniff requested clarification regarding whether the Center was in danger of
closing at the time this request came forward. Hendee replied there was a perception at the time the
request came forward that the Center was in danger of closing.
Councilmember Cunniff asked why the United Way budget included funds for operation of the
Center. Councilmember Poppaw replied the approved 2012-2013 United Way budget had a fiscal
year ending on June 30, 3013. The budget states that the Murphy Center program was funded at
$469,071 plus additional donor -directed dollars.
Councilmember Poppaw expressed concern regarding this item not going through the CDBG
process and noted the same amount of money allocated to the Fort Collins Housing Authority could
keep six families from homelessness.
Gordan Thibedeau, United Way Executive Director, stated the program budget is put together based
on program income. He went on to discuss the $180,000 deficit in grant receipts.
Councilmember Cunniff asked what $45,000 will be used for at this point. Mr. Thibedeau replied
United Way had a net loss of assets in that amount and noted much of United Way funding comes
in the form of pledges. The $45,000 will be pushed forward to support the community in this fiscal
year.
Councilmember Poppaw commended the decision to push the dollars forward and asked about the
reserve position of the organization. Mr. Thibedeau replied the organization has six months of
operating reserves.
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July 2, 2013
Councilmember Poppaw expressed process concerns and stated she would not support the
Ordinance.
Mayor Weitkunat stated she views this as finishing the loan that was given to the Murphy Center
to operate and four entities have committed those funds.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 082, 2013, on Second Reading. Yeas: Weitkunat, Horak, Campana and Troxell. Nays: Poppaw,
Cunniff and Overbeck.
THE MOTION CARRIED,
Ordinance No. 084, 2013
Authorizing the Conveyance of Four Easements, a Temporary Construction
Easement and a Revocable Permit on City Right -of -Way and
City -Owned Property to Linden Bridges LLC for the Encompass -River
District Block One Mixed Use Development, Adopted on Second Reading
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
Encompass — River District Block One Mixed Use Development is a mixed use development at 418
Linden Street consisting of office space, residential space and a restaurant. The property is owned
by Linden Bridges LLC. This Ordinance, unanimously adopted on First Reading on June 4, 2013,
authorizes the conveyance ofseveral easements that are required for this projectfor improvements
in the right-of-way, bank stabilization and River enhancement, drainage and landscape areas. At
Council direction on First Reading, two alternatives for fees for the other proposed easements are
provided.
BACKGROUND /DISCUSSION
Due to questions and concerns raised by Council at the June 4 meeting regarding the easements for
the work along the Poudre River, additional information is being provided.
The current condition of the City -owned property does not meet City's vision for the Poudre River.
The River bank is nearly vertical with a slope of 2:1; the landscaping is all non-native and is in poor
condition. In addition there is quite a bit of old concrete lining the banks. In this condition, the
City's property is not providing a high value habitat. Attachment 2 is a photo showing the existing
conditions.
The improvements planned by the Developer and approved by the City will provide many benefits
to the City. The proposed bank is laid back, with proposed slopes that range from a 2:1 to a 4:1
ratio, which is superior to the current near vertical slope. All the dumped concrete will be removed.
All the non-native vegetation will be replaced with native landscaping. Planning staff diligently
worked with the Developer to ensure that the landscaping along the river bank and in the buffer
area will provide a continuous shrub and tree cover with a sense of enclosure for pedestrians
traveling along the proposed pathway. In the finished state, this area will exceed the vision of the
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July 2, 2013
City, as established by
the Poudre River
Enhancement
Plan, which is an addendum
to the Poudre
Master
Drainage Plan.
Details of these
improvements
are provided in Attachment
3.
Along
with constructing these new improvements, the Developer
will be permanently
responsible
for all
maintenance, with the exception of the scour maintenance
of the Linden Street
Bridge.
Compensation for Easements
Staff recommends that the Developerpay $13, 449for the encroachment easements, or the approved
policy amount, whichever is less. This amount is not due until the policy is adopted or December
31, 2013.
At Council direction, two alternatives for fees for the other proposed easements are provided.
• Alternative A
Since the value of the enhanced improvements being provided by the Developer exceed the monetary
value of the easements, the easement of $17, 675 is waived.
• Alternative B
The Developer will pay the City the total value of the other Easements on City -owned Property,
which is $17, 675. "
Helen Matson, Real Estate Services Manager, discussed the easements and stated staff recommends
the developer not pay for the encroachment easements.
Bruce Hendee, Chief Sustainability Officer, showed slides and renderings of the area and discussed
the plan for the retaining walls and plantings.
Matson discussed the two alternatives for easement compensation: Alternative A waives the
easement fee of $17,675, and Alternative B requires the developer to pay the City the entire value
of the easements on City -owned property. She stated staff recommends Alternative A.
Jared Huwa, BHA Design, stated the opinion of the developer is that it is unfair to ask Block One
to pay an easement fee for any portion of the City -funded riverbank work. He discussed the
developments being created by Block One which are encouraged by City Code,
Mike Pruznick, 636 Castle Ridge Court, supported Alternative B but stated he would prefer to have
no easements granted at all.
Councilmember Cunniff asked about the possibility of the City developing the area. Hendee replied
the City's plan is for a development almost identical to that being proposed.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance
No. 084, 2013, Alternative A. on Second Reading.
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July 2, 2013
Councilmember Cunniff stated he would not support the motion as he would prefer Alternative B,
with perhaps a higher valuation.
Councilmember Troxell stated this motion sensibly addresses the project put forth by the developer
in partnership with the City.
Councilmember Campana stated the land in question is undevelopable; therefore, it is difficult to
place a value on it.
Mayor Pro Tem Horak noted the current condition of the area is less than desirable and holds little
habitat value. He stated the proposed development will improve the area.
Councilmember Poppaw stated the land would be worth a great deal should it be sold by private
industry and stated the City should value its property more.
Mayor Pro Tem Horak noted this is a value for an easement, not a purchase.
Councilmember Cunniff argued a higher price should be placed on the property.
Councilmember Campana stated restoration in the area needs to occur.
The vote on the motion was as follows: Yeas: Troxell, Horak, Weitkunat and Campana. Nays:
Poppaw, Overbeck and Cunniff.
THE MOTION CARRIED,
Resolution 2013-061
Approving the Harmony Road Enhanced Travel Corridor
Alternatives Analysis: Final Report, Adopted
The following is the staff memorandum for this item.
"EXECUTIVE SUMMARY
The Harmony Road Enhanced Travel Corridor (ETC) Alternatives Analysis Final Report is the
culmination of an 18-month effort. This study has included in-depth review of existing conditions
and a comprehensive development of a variety of alternatives, ultimately resulting in
recommendations for improved roadway, bicycle, pedestrian and transit facilities for Harmony
Road. The study was conducted with extensive public input and feedback; the Final Report is a
reflection of guidance from the community on the preferred future for Harmony Road.
The draft Final Report, along with all the technical appendices, is available for review at
www,fcgov.com/harmon ,
BACKGROUND/DISCUSSION
This planning effort began in December 2011, culminating with City Council considering approval
on July 2, 2013. The Harmony Road ETC Alternatives Analysis is a direct outcome of a near -term
July 2, 2013
action item in Plan Fort Collins/Transportation Master Plan, adopted by City Council in February
2011. This Harmony Road ETC Master Plan is also part of the City Council work plan. Funding
for this project was approved by City Council from the voter -approved Keep Fort Collins Great
funds for the 2011-12 budget cycle. The purpose of the Harmony Road ETC Master Plan is to
augment and update existing transportation plans for the Harmony Corridor and to document the
transportation, land use, environmental, economic, and social needs of the corridor and to
determine the most appropriate corridor configuration.
Enhanced Travel Corridors (ETCs) provide connections between major activity centers like
downtown, CSU, Midtown, employment centers, shopping destinations, and neighborhoods. While
ETCs share this similar purpose, each individual corridor will have a different, unique way to
provide those connections. In some corridors, ETCs may focus on enhancing travel time through
the corridor to connect primary destinations (Mountain Vista Corridor and Timberline Corridor),
while other ETCs may focus on enhancing infill and redevelopment along the corridor (Mason
Corridor and Harmony Corridor).
The boundary of this corridor plan is Harmony Road from Interstate 25 (I--25) to Shields Street, as
shown in Attachment 1. An influence area one mile on either side of Harmony Road was used for
understanding land use, socioeconomic, and other contextual factors that influence the Harmony
Road corridor.
The Harmony ETC addressed, at a minimum, the following items (presented in no particular order):
• Provide mobility and improved safety to/from Fort Collins via this important regional
gateway;
• Create an updated master plan that supports multiple modes of safe, affordable, easy, and
convenient travel to ensure mobility for people of all ages and abilities;
• Recommend improvements to support local goals of integrating land -use and transportation
planning, with economic development and environmental stewardship;
• Address regional connectivity between the City of Fort Collins and regional neighbors and
the I-25 corridor;
• Link major employment, education, medical campus/offices, commercial, entertainment, and
residential areas within southeast Fort Collins;
• Provide connectivity to the Mason Corridor, the future enhanced Timberline Corridor and
the regional transportation system;
• Collaborate among City staff, private sector, and surrounding communities,
• Seek citizen input to help develop transportation design options, identify funding and build
partnerships; and
• Create an updated master plan that supports sustainability to systemically, creatively, and
thoughtfully utilize environmental, human, and economic resources to meet our present
needs and those offuture generations without compromising the ecosystems upon which we
depend.
• Address the appearance, urban form, and the long term maintenance needs of the corridor.
Existing and Future Conditions
The findings of the review of existing and future travel conditions for the Harmony Corridor can be
summarized as follows:
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July 2, 2013
• Harmony Corridor as we know it today is the result of numerous plans and programs
throughout the years, as well as a result of serving as Colorado State Highway 68 for nearly
forty years.
• Harmony Road serves as both local commercial and residential land uses within the
Harmony Corridor, but also serves as an important regional connection to I-25 with
significant thru traffic.
• Harmony Road is a wide six -lane facility (currently and planned) with large landscaped
setbacks and informal tree plantings creating campus -style settings as envisioned in the
1991 "Harmony Corridor Plan" (last amended in 2006).
• Street design elements, such as medians, street lights and plantings have been inconsistent
along the corridor, with some of the corridor still maintaining a rural character.
• Most of Harmony Road does not incorporate any stormwater quality treatment mitigation
as currently required since it was largely constructed before these regulations went into
effect. Stormwater issues are currently not being address in a systematic way on Harmony
Road.
• Traffic volumes are some of the highest in the City (just after College Avenue) ranging from
over 19, 000 to almost 46, 000 vehicles per day depending on location.
• Harmony Road has two intersections (Timberline and Lemay) with the highest crash totals
in the City.
• The type of crashes occurring include, rear -end crashes, sideswipes, and in certain locations
bicycle -related crashes and crashes involving signs.
• Bus service is provided by three routes (route 1, 16, and 17) with average daily ridership of
1,149 for Route 1, 277 for Route 16 and 158 for Route 17.
• The design of much of Harmony Road makes the provision of safe, convenient, and efficient
transit service challenging due to long distances between signalized intersections, lack of
sidewalk connections to land uses, the lack of curb and gutter, and some physical barriers
like drainage ditches.
• Harmony Road has six- to ten foot bike lanes on both sides of the street from I-25 through
the Shields Street intersection, with a direct connection to the Mason Trail.
• Sidewalks currently exist along the vast majority of the corridor, and most sections of the
sidewalk are detached from the roadway.
• As a result of indirect pedestrian connections, limited and long distances between signalized
street crossings, large setbacks, rights -of -way and some physical barriers like drainage
ditches, crossing Harmony Road as a pedestrian is challenging.
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July 2, 2013
• The corridor is adjacent to some potential historic resources, park and recreation facilities.
Any future improvements, must consider air quality or other environmental impacts, as well
as impacts to the above mentioned facilities.
• Employment and households are going to grow within the Harmony Road corridor area in
the future.
• Automobile traffic will also grow and congestion will increase along the entire corridor in
the future. This growth in traffic is due in part to Harmony's role as a regional connector
and a primary gateway in and out of the southern part of the community.
• Harmony Road is identified as an important regional transit connection in the future, as
well.
Alternatives Development
The development of the Harmony ETC Master Plan included the definition, screening, and
evaluation of alternatives with the ultimate recommendation of one alternative as the Locally
Preferred Alternative (LPA). Alternatives were evaluated based on their ability to meet the project's
Vision and Purpose and Need, environmental impacts, and comparative costs. Screening criteria
included a combination of quantitative and qualitative measures directly tied to the Project
Vision/Goals and Objectives. Figure I shows the alternative development process.
Tier 1 alternatives were developed based on information from the Corridor Understanding, the
established goals and objectives and public input. Tier I alternatives were intended to be broad and
capture a wide range of ideas. The range of Tier 1 alternatives included:
• No action, keep conditions as currently exist
• Enhance the current bus service within the existing roadway
• Convert the outside travel lane into a Bus Rapid Transit (BRT) lane, taking away one
automobile travel lane in each direction.
• Construct a BRT lane within the median, requiring the loss of one automobile travel lane in
each direction
• Turn the outside travel lane into a BRT lane combined with a High Occupancy Vehicle lane,
taking away one automobile travel lane in each direction.
• Add a BRT lane to the outside of the existing roadway, widening the corridor and keeping
three automobile travel lanes in each direction.
• Add a BRT lane within the median but widening the entire corridor to keep three automobile
travel lanes in each direction.
• Combine the above transit and roadway improvements with bike lanes, shared use paths or
protected bicycle facilities like a buffered bike lane.
• Combine any of the alternatives with bicycle/pedestrian overpasses or underpasses at
strategic locations.
• Combine any of the alternatives with intersection improvements.
The Tier 2 evaluation process involved a detailed and quantitative comparison between corridor
alternatives and against the No Action Alternative. Interdepartmental and agency coordination, as
well as public involvement, played a major role in this process. The Technical Advisory Committee
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July 2, 2013
(TAC) was involved in each step of the evaluation process, as well as during the development and
refinement of the LPA.
Locally Preferred Alternative
The Locally Preferred Alternative (LPA) for the Harmony Road Enhanced Travel Corridor (ETC),
extending from Shields Street to I-25, includes a series of multimodal transportation improvements
to address the project Purpose and Need, which is:
The purpose of theproject is to implement multi -modal transportation improvements
that enhance mobility and safety along the Harmony Road Corridor. Improvements
will support local and regional travel needs, land uses, economic health and
environmental stewardship goals
Roadway Improvements
The LPA includes raised, landscaped medians the full length of corridor. The LPA includes
widening the final section of Harmony to six lanes from BoardwalkAvenue to College Avenue. The
ultimate widening of Timberline to six lanes from Harmony north is also included. Additionally
several intersection improvements were identified to address future operational deficiencies, these
include:
• Dual protected north and southbound left turn lanes at Boardwalk and Harmony
• Channelized southbound to westbound free right at Timberline and Harmony
• East and northbound right turn lanes at Ziegler Road and Harmony
• Channelized westbound to northbound free right at Ziegler Road and Harmony
• Eastbound right turn lane at Lady Moon and Harmony
Transit Improvements
The transit aspect of the LPA includes Express Bus along Harmony Road between the Harmony
Transfer Center and the South Transit Center. The bus would travel in the general purpose lanes
along the extent of the route except where queue jumps are provided. Queue jumps are dedicated
lanes at the intersections allowing a bus to maneuver around the main stack of traffic so that when
the signal light turns green the bus is at the front of the queue. The LPA includes queue jumps at
three intersections along Harmony Road at Lemay Avenue, Timberline Road, and Ziegler. Service
along Harmony would operate every 20 minutes in the peak period and 30 minutes in the off peak
periods, with stops provided approximately every 112 mile (locations to be determined through the
LPA refinement process). Transit service along Harmony Road between Front Range Community
College and College Avenue would be provided by the Route 19.
Bicycle Improvements
The LPA includes enhancements to the existing bicycle lanes, includinggreen colored pavement on
the bike lanes for the full length of the corridor, and a striped buffer between the bike lane and the
adjacent travel lane from College Avenue east to I-25. Additionally, many of the sidewalks parallel
to Harmony Road have been built as multi -use paths that are 8 to10 feet wide. Staff recommends
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July 2, 2013
that this parallel
system
be extended
along the
length of Harmony Road, to facilitate travel by
bicyclists who do
not feel
comfortable
riding on
the street.
Pedestrian Improvements
The existing meandering sidewalk will be retained on both sides of Harmony, with completion of the
few missing segments. The LPA also includes enhancements to bicycle and pedestrian crossing (both
at -grade and grade separated). Key grade separations that have been identified as high priority are
at the crossing of the Power Trail and the crossing of the Mason Trail.
FINANCIAL /ECONOMIC IMPACTS
The cost of the LPA for Harmony Road, which includes all modes and all recommendations, is
approximately $53 million. Certain project elements may be installed in phases over several
segments, without completing all design elements in that segment. Project costs are summarized
below in the four main travel mode categories:
1. Roadway: $16.8 million (includes design and construction)
2. Transit: $17.7 million (includes design, construction and buses)
3. Bike: $248,200 (includes design and striping)
4. Pedestrian: $18.1 million (includes design, construction and grade separations)
Staff will pursue potential local, regional, state, and federal funding opportunities to complete these
important, long-term investments for Harmony Road.
ENVIRONMENTAL IMPACTS
A cursory level environmental inventory of existing conditions and a preliminary assessment of the
project impacts was conducted for the for the Harmony Road ETC study area. The level of analysis
performed for this project is commensurate with the requirements of the Federal Transit
Administration (FTA) for Alternatives Analysis,
The LPA is expected to increase total miles of travel in the corridor by approximately 5 percent over
No Action, but to the positive, corridor crossing time would decrease by approximately 13 percent
and average corridor vehicle speeds would increase by approximately 17 percent. These
improvements should reduce tailpipe emissions on the whole.
Transit ridership is expected to increase from about 600 daily boardings currently to over 2,000
estimated daily boardings. The improved transit, bicycle facilities and pedestrian facilities will
result in a mode shift. On Harmony Road, with a projected 50, 000 vehicles per day even a small
shift away from an auto trip can make a big difference. For every 1 % (or 500 trips) shifted from
a car to transit, bicycling or walking on a daily basis, that adds up to over 900, 000 vehicle miles
saved over a year (based on an average 5 mile trip).
BOARD / COMMISSION RECOMMENDATION
Staff presented information related to the Harmony Road ETC to the following boards:
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Transportation Board: July 18, 2012; March 20, 2013; June 19, 2013. At its June 19, 2013
meeting, the Transportation Board voted unanimously to recommend approval of the Plan.
Bicycle Advisory Committee: July 9, 2012; May 6, 2013. The Committee generally supported the
recommendations of the LPA and viewed the buffered bike lanes as an improvement over the existing
bike lanes.
Planning and Zoning Board Work Session: May 10, 2013. The Planning and Zoning Board
generally supported the recommendations of the LPA.
Air Quality Advisory Board: May 20, 2013. The Air Quality Advisory Board had numerous
questions about the impact of the project on air quality. On one hand the Board felt improving
traffic flow had the most potential to improve mobile emissions, while there was also a strong
advocacy for increasing mode shift to transit, bicycling and walking to reduce vehicle miles
traveled. The Board agreed to provide a brief, bulleted document with ideas regarding air quality
issues in this project.
City Council Work Session: October 23, 2012
PUBLIC OUTREACH
The project team sought comments and input on the key tasks throughout the life of the project. See
Attachment 2 for a list of the outreach completed during the project.
Technical Advisory Committee
This process included on -going coordination among multiple City departments, and various
interested community and corridor stakeholders in the form of a Technical Advisory Committee
(TAC). The TAC met six times over the course of the project providing guidance and feedback at
key decision points. The TAC helped guide the development of the alternatives, vetted the
recommendations which ultimately became the Locally Preferred Alternativepresented in the Final
Report.
Public Meetings and Outreach
Public meetings were held on May 3, 2012, September 13, 2012, and May 1, 2013 to actively engage
the corridorproperty owners, businesses, residents, and general public in theprocess. The meetings
were conducted as part of the public review process for the alternatives screening process and to
help determine the preferred corridor recommendation. "
Mark Jackson, Deputy Director of Planning, Development, and Transportation, discussed the
importance of Harmony Road and stated this study addresses improving mobility and safety along
the Harmony Road corridor for all users.
Aaron Iverson, Senior Transportation Planner, discussed the transit needs of the Harmony Road
corridor and showed slides relevant to the issue. He discussed the suggested improvements for each
transportation mode.
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Mike Pruznick, 636 Castle Ridge Court, discussed the proposed buffered bike lanes and stated they
will not improve bicycle safety along Harmony Road.
Eric Sutherland, 3520 Golden Currant, discussed transportation costs and stated the City needs to
increase its support of Transfort.
Councilmember Troxell noted the enhanced median and Art in Public Places features of West
Harmony Road were never completed. He asked if West Harmony is being addressed other than
in the initial scope of the study. Iverson replied there are recommendations for Harmony west of
College, including landscaped medians from College to Shields.
Councilmember Troxell requested information about traffic flow relating to the area around the
MAX crossing. Iverson replied the pedestrian overpass or underpass will be key to part of that
issue. Jackson clarified the traffic will need to stop only to allow the bus rapid transit vehicle to
pass.
Iverson noted the sidewalks will be increased to multi -use size throughout the corridor to allow
multi -modal travel.
Councilmember Troxell suggested potential grade separation for bike lanes. Iverson replied the
issue could be considered.
Jackson noted this plan makes greater use of the Harmony transfer center at I-25, as well as the new
transit center at the southern terminus of MAX.
Councilmember Campana asked if speeds were reviewed as part of this item. Iverson replied the
calculation of speed limits is quite complicated and stated the speeds will likely decrease as the road
begins to function more as a city road than a state highway.
Councilmember Campana asked if additional input could have been received from boards. Iverson
replied he spoke to the Planning and Zoning Board at two work sessions, for which minutes are not
kept. He stated members were generally supportive. He stated the Bicycle Advisory Committee
was surprisingly quiet about the issue.
Councilmember Campana
asked
if a Transit Oriented Development
Overlay District is slated for
Harmony. Iverson replied
that is
a possibility and further study will
be completed.
Councilmember Campana requested information regarding the Harmony/I-25 gateway interchange.
City Manager Atteberry replied he would gather additional information from Bruce Hendee,
Councilmember Cunniff asked if approval of this item would lead to funding sources being sought.
Jackson replied in the affirmative and noted Council would receive notification and approve any
type of funding.
Councilmember Cunniff asked if any analysis of the actual returns of demographics on the survey
were completed. Iverson replied there were no specific analyses were completed; demographic and
income data was simply collected and reported.
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Councilmember Cunniff asked if there was any type of prioritization for the improvements. Iverson
replied staff has some suggested implementation tactics, dependent upon funding and other
variables.
Councilmember Overbeck commended the bicycle overpass idea and asked about the triple bottom
line process. Iverson replied all planning projects attempt to address the three elements: economic,
social, and environmental. For this proj ect's economic aspects, this corridor is still developable and
is one of the city's key commercial corridors. In terms of social gains, this project will make the
area more livable.
Councilmember Overbeck asked if carbon reduction has been considered. Iverson replied it would
be difficult to place an exact number on vehicle miles traveled savings.
Councilmember Overbeck questioned the positive impact on environmental issues given a projected
increase in traffic.
Mayor Weitkunat noted this adoption would approve the final analysis of the report for the enhanced
travel corridor. She asked how variable the plan can be in the future. Jackson replied this plan can
be quite variable, particularly given the nature of many of the improvements being identified and
the flexibility required by funding opportunities.
Mayor Weitkunat noted this was formerly a state highway and was meant to handle traffic in and
out of the city. Jackson stated there is a tremendous regional impact to the traffic patterns on
Harmony.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2013-061,
Councilmember Campana stated this report could be more robust in looking at alternative modes
and environmental and social gains. He suggested additional work on the narrative in these areas.
Councilmember Overbeck stated he was unsure of his vote as he would like to see additional
information regarding the triple bottom line within the plan.
Councilmember Campana stated he would support the addition of a memo at a later date to address
those issues.
Councilmember Cunniff agreed the plan is close and an addendum with a triple bottom line analysis
would be beneficial. Jackson assured Council an addendum would be forthcoming.
The vote on the motion was as follows: Yeas: Cunniff, Poppaw, Horak, Weitkunat, Campana and
Troxell. Nays: Overbeck.
THE MOTION CARRIED.
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Other Business
Councilmember Campana noted there is a $60 Q fever test available for pregnant goats, which could
possibly be included in regulations.
Mayor Weitkunat requested that staff look into the animal noise issues in the Urban Estate zone
district.
Adjournment
The meeting adjourned at 11:04 p.m.
//A//,T,TEST:: /�^ OF FORT
City Clerk
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