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HomeMy WebLinkAboutMINUTES-05/03/2011-RegularMay 3, 2011 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, May 3, 2011, 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: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weikunat. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Dr. Terry Podmore, 733 Gilgalad Way, submitted and read a letter expressing concern regarding the process for an upcoming Planning and Zoning Board meeting. Heather Stickler, 633 Gilgalad Way, asked when developers' reputations and history are considered during the Development Review process. Doug Ernest, 1625 West Elizabeth, Poudre Landmarks Foundation President and Friends of the Water Works member, discussed Item No. 19, First Reading of Ordinance No. 058, 2011, Authorizing the Lease of the City's Historic Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation. Bill Miller, 322 Scott Avenue, Friends of the Water Works Chairperson, announced a June 4th event called the Big Splash. Peter Hall, 1750 Somerville Drive, Human Relations Commission Chairperson, reported on the Human Relations Awards breakfast and announced the Holocaust Days of Remembrance, May 1 st- 8th. Steve Yurash, 4821 Yellowstone Circle, Electric Boardmember, expressed concern regarding consulting fees being paid to study Electric Utility rate changes. He suggested the AMI system should be implemented prior to the study. Eric Sutherland, 3520 Golden Currant, expressed concern regarding the City's handling of the Tim Masters case. Stacy Lynne, 216 Park Street, stated the City is providing fraudulent information regarding global warming and climate change. Brian Werner, Northern Colorado Water Conservancy District, and Diana Royval, City Water Utility, announced the May 17th Children's Water Festival. - 292 May 3, 2011 Citizen Participation Follow-up Councilmember Troxell asked about Dr. Podmore's concerns regarding the Planning and Zoning Board meeting process. City Manager Atteberry replied there will be a work session on June 14th . regarding development review and planning issues. Karen Cumbo, Director of Planning, Development, and Transportation, replied there will be two separate hearings for the ODP and the PDP at the May 19th Planning and Zoning Board meeting. Councilmember Troxell discussed Mr. Yurash's comments. Brian Janonis, Utilities Executive Director, stated the consultant and staff will be attending next week's Council work session to discuss the philosophy behind rates. Mayor Pro Tern Ohlson recommended allowing citizens adequate response time for all items discussed before the Planning and Zoning Board. City Attorney Roy replied the guidelines of the Land Use Code should be followed as failure to do so would be grounds for appeal. Staff is currently discussing whether or not the Code provides enough leeway to accommodate the request. Any necessary changes will be brought forth as expeditiously as possible. Councilmember Poppaw thanked Mr. Hall for his announcements and thanked the Human Relations Commission for its work. Agenda Review City Manager Atteberry recommended postponement of Item No. 15, Second Reading of Ordinance 050, 2011, Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right -of - Way Adjacent to 200 South College Avenue to 314 E. Mountain, LLC, to May 17th. CONSENT CALENDAR 6. Second Reading of Ordinance No. 041, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. The 32 year -old Lincoln Center's greatest challenge is its aging and outdated spaces. Renovation of the facility is now underway to add 17,000 square feet and to renovate 55,000 square feet, with a focus on improving the patron experience, performer amenities, and infusing new life into a community treasure. This Ordinance, unanimously adopted on First Reading on April 19, 2011, will appropriate additional funding for the Lincoln Center Renovation. 7. Second Reading of Ordinance No. 042, 2011, Appropriating Prior Year Reserves. Ordinance No. 042, 2011, was unanimously adopted on First Reading on April 19, 2011. The Ordinance appropriates prior year's reserves for expenditures authorized in 2010 by Council but which could not be completed by the end of 2010. a%3 May 3, 2011 8. Second Reading of Ordinance No. 043, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building. This Ordinance, unanimously adopted on First Reading on April 19, 2011, appropriates unanticipated revenue in the amount of $430,270 for the exterior preservation and reconstruction of the Avery Building at the intersection of College and Mountain Avenue. A grant provided by the Colorado Historical Society's State Historical Fund in the amount of $215,135 will be matched by an equal amount of funds from the property owner (Avery Building LLC). 9. Second Reading of Ordinance No. 044, 2011, Appropriating Prior Year Reserves in the Transportation Services Fund for the Civic Center Parking Structure. Parking reserves are accumulated in the Transportation Fund to perform major maintenance and repair projects in the Civic Center Parking Structure. This Ordinance, unanimously adopted on First Reading on April 19, 2011, appropriates funds from those reserves for three projects: to complete an interior painting project that was started in 2009; make repairs to the second level deck seal that forms the ceiling of Civic Center Village; and purchase a piece of pressure washing equipment that will be used to keep the parking structure clean. 10. Second Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaining to the Offense of Trespass. The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit (BRT) operations along the Mason Corridor, requires the enactment of an ordinance specific to trespass on railroad property. This Ordinance, unanimously adopted on First Reading on April 19, 2011, provides law enforcement the ability to self -initiate enforcement action. With the addition of BRT service in the railroad right-of-way, the potential for unauthorized access by vehicles and pedestrians poses a safety risk. It is in the City's best interest to minimize these safety risks by limiting unlawful access to the railroad right -of --way, which also includes the BRT guideway and specific areas on Mason Street between intersections from Laurel Street to Vine Drive. A variety of physical barriers will be installed with the project to minimize unlawful access, including signs and access control gates. Law enforcement presence.and the issuing of citations related to this Ordinance will improve safety along the corridor. 11. Second Reading Ordinance No. 046, 2011. Amending Ordinance No. 019, 1877 of the City of Fort Collins Grantin Right -of -Way to the Colorado Central Railroad Company. The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit (BRT) operations along the Mason Corridor, requires an Amendment to Ordinance No. 019, 1877. The original Ordinance permits the Colorado Central Railroad Company (now BNSF) to build, construct, and operate a railroad in and through the town IM May 3, 2011 of Fort Collins through and along Mason Street from Laurel Street to Vine Drive. This Ordinance, unanimously adopted on First Reading on April 19, 201-1, defines the width of the right-of-way (currently undefined) at eighteen feet between 180 feet north of Laurel Street and Vine Drive. The width of right -of- way is reduced to fourteen feet between Laurel Street and 180 feet north of Laurel Street, to accommodate a southbound left turn lane. The City will also periodically close the southbound left turn lane between Laurel Street and 180 feet north of Laurel Street to vehicular traffic at City expense in order to allow BNSF to use mechanized equipment to maintain the track in the future. 12. Second Readiniz of Ordinance No. 047, 2011, Amending Sections 22-43 and 28-42 of the City Code Relatiniz to Pavine and Maintenance of Streets, and Particularly as Affected by the Mason Express Bus Rapid Transit Project. The recently executed Construction and Maintenance Agreement with the Burlington Northern Santa Fe (BNSF) Railroad allowing the City's use of the railroad right-of-way for Bus Rapid Transit (BRT) operations along the Mason Corridor, requires an Amendment to City Code Sections 22-43 and 28-42. These City Code sections currently require railway companies to pave and maintain that part of the street between the rails and two feet outside each rail, as well as keep the rails on a level surface with the adjacent street. This Ordinance, unanimously adopted on First Reading on April 19, 2011, modifies these Code sections to allow the BNSF railroad to, at its expense, maintain open ballast track protected by curb islands from Laurel Street to Vine Drive. Intersections in this length of Mason Street are excluded and will stay in their current configuration to allow for turning traffic, where appropriate. Once the project is complete, the track section confined by the islands will not carry automobile traffic. Therefore it will not be necessary for pavement to be maintained between the rails, or for the rail elevation to match the roadway elevation. 13. Second Readin4 of Ordinance No. 048, 2011, Vacating a Portion of Right -of -Way as Dedicated on the Plat of South College Commercial Subdivision. In 1977, the South College Commercial Subdivision, located south ofThunderbird Drive and west of College Avenue, platted two tracts and public rights -of -way for South College Avenue Frontage Road and McClelland Drive, adjacent to the parcel. This Ordinance, unanimously adopted on First Reading on April 19, 2011, vacates the portion of the Frontage Road that is the grassy area to the west of the paved travel way of the Frontage Road and the sidewalk. Vacations ofpublic right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right- of-way proposed to be vacated. This review process was followed in connection with this proposal, and based on comments received, the City Engineer has recommended that the vacation be approved. 295 May 3, 2011 14. Second Reading of Ordinance No. 049, 2011, Vacatingthe Right -of -Way for Star Dust Lane as Dedicated on the Plat of Willow Brook. In 2001, the Willow Brook Plat, located between Rock Creek Drive to the north and Kechter Road to the southeast of Lady Moon Drive and west of Northern Lights Drive, platted several lots and public streets. Star Dust Lane was originally dedicated to provide access to Parcels A and B, located southeast of Rock Creek Drive and Lady Moon Drive. To date, neither Parcel A nor B have been developed. This Ordinance, unanimously adopted on First Reading on April 19, 2011, vacates the Star Dust right-of-way at the request of the owner, to allow the parcels to be replatted into 61 single family lots that will be served by three new internal streets taking access off of Galileo Drive. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right- of-way proposed to be vacated. This review process was followed in connection with this proposal, and based on comments received, the City Engineer has recommended that the vacation be approved. 15. Second Reading of Ordinance 050, 2011, Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right -of -Way Adjacent to 200 South College Avenue to 314 E. Mountain, LLC. 314 E. Mountain, LLC (Applicant) recently purchased the first floor of the condominium building at 200 South College Avenue, located at the southeast corner of College Avenue and Oak Street. The Applicant is making some modifications to the first floor, some of which are on the outside of the structure. Since the property line for this building is only about a foot from the lot line, these structure modifications will be in the City right-of-way (sidewalks of College and Oak). This Ordinance, unanimously adopted on First Reading on April 19, 2011, authorizes two pedestrian and access easements to allow the installation of stairs and ramps within the right-of-way on the north side of the building (Oak Street). This Ordinance grants two easements, but does not vacate the City's right-of-way. 16. Second Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. On April 7, 2011, the City Clerk certified that a petition received from Barbara Hoehn on Monday, March 14, 2011, requesting that Council repeal Ordinance No. 003, 2611 or refer such ordinance to the registered voters of the city was sufficient to require further action by the Council. On April 19, 2011, Council unanimously voted to repeal Ordinance No. 003, 2011 on First Reading. 296 May 3, 2011 17. First Reading of Ordinance No. 056, 2011, Appropriating Unanticipated Grant Revenue in the Recreation Fund for General Operating Support of the Adaptive Recreation Opportunities Paralympic Sport Club Program. The National Recreation and Park Association (NRPA) has selected the Fort Collins Recreation Department, Adaptive Recreation Opportunities program (ARO) to receive a grant in the amount of $10,000. This grant opportunity is an outgrowth of a partnership between NRPA and the United States Olympic Committee, Paralympic Division to provide resources at the local level that will increase physical activity opportunities for injured service members and veterans. 18. First Reading of Ordinance No. 057, 2011, Designating the Whistleman Mansion, 1502 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, Laura Green, is initiating this request for Fort Collins Landmark designation for the property at 1502 South College Avenue. The property has individual significance to Fort Collins, as a rare local example of Spanish Colonial/Mediterranean Revival Style in Fort Collins. 19. First Reading of Ordinance No. 058, 2011, Authorizing the Lease of the City's Historic Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation. The City is the owner of the 25-acre property located at 2005 North Overland Trail. The property has not been a part of the Water Utilities' operating infrastructure since 1904, yet is a valuable historic resource. The Poudre Landmarks Foundation has leased the'property since 1996 and desires to continue leasing the property for use as an interpretive center/museum for water. 20. Resolution 2011-040 Authorizing the Mayor to Execute an Amendment with the Town of Windsor and The Colorado Department of Transportation to Add Funding to the Design of the Interstate 25/State Highway 392 Interchange Project. The City of Fort Collins and the Town of Windsor have collaborated to plan and design the I-25/SH-392 Interchange Project. Amending the Intergovernmental Agreement (IGA) will allow for the completion of the final design phase, moving the project into the construction phase to be managed by the Colorado Department of Transportation (CDOT). This Resolution approves an amendment to the IGA, adding $92,000 to the original $1,768,523 approved in the contract. CDOT will then reimburse the City for these expenditures. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 041, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. 297 May 3, 2011 7. Second Reading of Ordinance No. 042, 2011, Appropriating Prior Year Reserves. 8. Second Reading of Ordinance No. 043, 2011, Appropriating Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building. 9. Second Reading of Ordinance No. 044, 2011, Appropriating Prior Year Reserves in the Transportation Services Fund for the Civic Center Parking Structure. 10. Second Reading of Ordinance No. 045, 2011, Amending Section 17-40 of the City Code Pertaining to the Offense of Trespass. 11. Second Reading Ordinance No. 046, 2011, Amending Ordinance No. 019, 1877 of the City of Fort Collins Granting Right -of -Way to the Colorado Central Railroad Company. 12. Second Reading of Ordinance No. 047, 2011, Amending Sections 22-43 and 28-42 of the City Code Relating to Paving and Maintenance of Streets, and Particularly as Affected by the Mason Express Bus Rapid Transit Project. 13. Second Reading of Ordinance No. 048, 2011, Vacating a Portion of Right -of -Way as Dedicated on the Plat of South College Commercial Subdivision. 14. Second Reading of Ordinance No. 049, 2011, Vacating the Right -of -Way for Star Dust'Lane as Dedicated on the Plat of Willow Brook. 16. Second Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. Ordinances on First Reading were read by title by City Clerk Krajicek. 17. First Reading of Ordinance No. 056, 2011, Appropriating Unanticipated Grant Revenue in the Recreation Fund for General Operating Support of the Adaptive Recreation Opportunities Paralympic Sport Club Program. 18. First Reading of Ordinance No. 057, 2011, Designating the Whistleman Mansion, 1502 South College Avenue, as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. 19. First Reading of Ordinance No. 058, 2011, Authorizing the Lease of the City's Historic Water Works Property at 2005 North Overland Trail to the Poudre Landmarks Foundation. 24. Hearing and First Reading of Ordinance No. 059, 2011, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements Contained,in Such Agreement. 298 May 3, 2011 25. First Reading of Ordinance No. 060, 2011, Repealing And Reenacting Division 1, Article IV of Chapter 15 of the City Code Relating To Door -To -Door Solicitation. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Staff Reports Jon Haukass, Water Engineer Field Operations Manager, discussed the potential risk for spring flooding given record snowfalls. Mayor Pro Tem Ohlson asked that a beach -like graphic be eliminated from powerpoint presentations. Councilmember Horak asked if a presentation would be placed on Channel 14. Haukass replied a flood preparedness week would occur later in the summer but information will be placed in the Coloradoan at a sooner date. City Manager Atteberry agreed with Councilmember Horak's suggestion and stated information would be placed on Channel 14. City Manager Atteberry introduced Michael Short, the new Downtown Business Association Executive Director, and Peggy Lyle, the interim Downtown Business Association Executive Director. Councilmember Reports Mayor Weitkunat stated Council attended a regional meeting in Evans with neighboring municipalities. Additionally, she attended her first Platte River Power Authority meeting as Mayor. Ordinance No. 059, 2011 Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement. Adopted on First Reading The following is staff's memorandum for this item. "EXECUTIVE SUMiVARY Since 1998, the City of Fort Collins has collected a fee -in -lieu of land dedication for both Poudre School District and Thompson School District. These fees allow a residential developer to pay a school site fee to the School Districts rather than to dedicate a parcel of land to the District for development of future schools. The ability of the school districts to require land dedication is provided under State of Colorado Statute. 299 May 3, 2011 The last time the amount of these fees was adjusted was in 2006 This Ordinance will lower the amount of the fees the district receives by $200per dwelling unit. Poudre School District requested a reduction in the fees collected because of the reduced cost ofsecuring appropriate school sites. Thompson School District has not requested a change in fees. BACKGROUND /DISCUSSION In April, 1998, the City of Fort Collins and Thompson and Poudre School Districts entered into Intergovernmental Agreements regarding land dedication for new developments, including a provision for fees -in -lieu of land dedication. Poudre School District has asked that the amount of the fees be decreased to reflect the current decreased cost of developed residential land. Thompson School District has not requested a change in fees. School districts in Colorado are allowed by state law to either require school site dedications from residential developers or collect a fee -in -lieu of such land dedication. The calculation of this fee must be closely tied to the cost of land to be dedicated, as well as a number of other factors including school site size, student population projections, and enrollment capacities of each type of school (elementary, junior high and high schools). Site sizes and enrollment capacities are set by school district policy. This reduction in the fees to be collected reflects the District's market analysis of land values, which has declined over recent years. By State law, Colorado school districts are not permitted to collect a fee for the cost of the construction of schools as part of the development process They do not have the ability to obtain revenue from impact fees. In 1996, the Colorado Supreme Court found that counties are limited to using the land dedication and fee -in -lieu provisions of the School Finance Act because counties do not have the statutory authority to impose additional impact fees. Also, while the School Finance Act acknowledges that municipalities may contribute to the funding of school projects, the act makes it clear that impact fees cannot be a source of that funding. The effect of the proposed change in per dwelling unit costs would be as follows: Poudre School District: Fee per dwelling unit: Current FeeRevised Fee 1-4 attached dwelling units $1,800 $1,600 S or more attached dwelling units $ 900 $ 800 The City's Intergovernmental Agreements with Poudre School District allows for periodic updates to the fees and land dedication requirements. Since adoption of the current fee in 2006, Poudre School District has reviewed its fees every two years, each time electing to leave the fees at the 2006 rate. The agreement also requires that the City conduct a public hearing prior to any changes in the fee or land requirement. The Poudre School Board has reviewed its methodology for this program and C11 May 3, 2011 requested that the City Council approve this revision. The detailed methodology for calculating the fees are provided in Exhibits A and B of the Ordinance. FINANCL9L /ECONOMIC IMPACTS The proposed ordinance will not have a financial impact on the City of Fort Collins because the fees are collected on behalf of Poudre School District. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20. This Ordinance implements a fee reduction requested by Poudre School District. The reduced fee will serve to reduce the cost of residential development in the community by reducing fees collected at the time of building permit by $200 per single family unit. Multi family unit fees (over 5 units) are reduced by $100 per dwelling unit. " Ann Tumquist, Policy and Project Manager, discussed the land dedication process, including the fee in -lieu option and stated Poudre School District has recommended a reduction in the fee in -lieu amount. Mayor Pro Tern Ohlson suggested some of the impact of new schools be borne by impact fees on the construction of new homes. He asked if it would be legal for the City to levee an impact fee for the construction of new schools. City Attorney Roy stated he could not answer that question immediately but would provide a response. Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 059, 2011, on First Reading. Mayor Pro Tern Ohlson stated he would not support the motion as he disagrees with the fee decrease and supports an impact fee. Councilmember Manvel agreed new citizens should pay for new schools; however, he would support the motion as there should be a connection between the collection of these monies for land and expenditures on land. Councilmember Horak stated he would support the motion but also supported exploring impact fees. He asked about the status of this issue with Thompson School District. Tumquist replied the City has an IGA with Thompson Schools with the same type of fee. TSD did not reduce its fee this year. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Poppaw, Horak and Troxell. Nays:Ohlson. THE MOTION CARRIED. 301 May 3, 2011 Ordinance No. 060, 2011 Repealing And Reenacting Division 1, Article IV of Chapter 15 of the Citv Code Relating To Door -To -Door Solicitation, Adopted on First Reading The following is staff's memorandum for this item. "EXECUTIVE SUMMARY The City ofFort Collins currently has an ordinance prohibiting door-to-door residential solicitation by commercial businesses, often referred to as a "Green River Ordinance. " The proposed ordinance would replace the current total ban on commercial door-to-door residential solicitation with a City -issued permitsystem licensing and regulating such solicitation. As is currently the case, all door-to-door solicitation, whether commercial or non-commercial, would be prohibited under the proposed ordinance by a "No Trespassing" or a "No Solicitation " sign posted at a public or private premises. Additionally, the proposed ordinance would allow for an alternative option for residents who wish to prevent solicitors from soliciting at their residence, which would be to register their address on a City -maintained "No Solicitation " List. BACKGROUND /DISCUSSION Since 1938, the City ofFort Collins has had a "Green River Ordinance " which prohibits door-to- door residential solicitation by commercial businesses. This Ordinance has been effective in eliminating unwanted solicitorsfrom approaching individual residences with the goal ofprotecting the privacy and safety interests of City residents. The current Ordinance prohibits all door-to-door solicitation, whether commercial or non- commercial, on both public and private property when there is a "No Trespassing" or a "No Solicitation " sign posted on the premises. It prohibits door-to-door commercial solicitation at residential premises whether or not a sign is posted on the premises with the exception ofcharitable, religious or political solicitations or the solicitation of newspapers or magazines. The City's total ban on commercial door-to-door solicitation at residential premises is currently being challenged in federal district court. Because of the uncertainty and expense of litigation, staff is asking City Council to consider changes to the ordinance that would bring the City's regulations more in line with the approach that many other Colorado cities have taken. There is a related provision under Section 17-42 of the Code which prohibits the posting of notices and handbills on public property without permission and private property if a "No Trespassing, " "No Soliciting, " or "No Posting " sign is present, access has been restricted by the owner, or the owner has given notice that the posting is prohibited. This provision will remain in the Code. Current Proposal The current solicitation ordinance would be repealed and replaced with the proposed ordinance. The proposed ordinance is referred to as the Fort Collins Door -To -Door Solicitation Ordinance. UIN May 3, 2011 It would replace the current total ban on commercial door-to-door residential solicitation with a permit system regulating such solicitation. Residential commercial solicitors would be required to wear a City -issued photo identification badge, complete a criminal history background check, and would be prohibited from soliciting in the City if the background check indicates a felony or class one misdemeanor conviction. The hours ofsolicitation would be limited to between 8:00 a.m. and one half hour after sunset. Non-commercial solicitations are not regulated under the current ordinance and would remain unregulated under the proposed ordinance. By law, non-commercial solicitations include things such as religious andpolitical contacts, fitndraisers forschools and other tax-exempt organizations, and the sale of newspaper and magazine subscriptions. As is currently the case, all door-to-door solicitation, whether commercial or non-commercial, would be prohibited by a "No Trespassing" or a "No Solicitation" sign posted at a particular residence. Staff also proposes to develop a "No Solicitation " list to be maintained on the City's web site. Residents would be able to prohibit door-to-door solicitation at their property by registering their address with the City. Residents would complete a form on the City's website requesting that their addresses appear on the "No Solicitation " list which will be provided to permitted solicitors. Solicitors would be required to check the "No Solicitation " list and ensure that they do not solicit at any of the addresses active on the list. Solicitation at a residence that has been on the list for 30 days or more would constitute a Code violation. Every two years, each address would be required to renew the request in order to remain on the "No Solicitation " list. FINANCL4L /ECONOMIC IMPACTS Companies seeking a permit for door-to-door solicitation would be charged a fee aimed at covering the City's costs for issuing the permit and producing the identification badge required of each individual solicitor. Solicitors will also be required to obtain and maintain a valid sales tax license and remit appropriate sales tar to the City. The ability of businesses to solicit customers though door-to-door sales may provide some economic benefit to the community, but staff does not project a significant impact on City revenues. " Ann Tumquist, Policy and Project Manager, stated the current door-to-door solicitation Ordinance prohibits all door-to-door solicitation by commercial businesses but does not prohibit non- commercial solicitation. Residents may prohibit all solicitation by posting "no soliciting" signs. The proposed Ordinance regulates solicitation rather than prohibiting it altogether. Permits and background checks would be required for commercial solicitation. Additionally, hours would be limited. A "no solicitation" list will be maintained to allow residents to register their address to prohibit all commercial and non-commercial solicitations for a period of two years. The City should begin issuing permits about June 10. 303 May 3, 2011 Ross Cunniff, 2267 Clydesdale, expressed concern about residents' privacy and the ability of Girl Scouts or other non -profits to sell door-to-door. He stated the two-year limit on the "non solicitation" list should not exist. Peter Hall, 1750 Somerville Drive, agreed with Mr. Cunniff and stated the solicitation hours should be more restrictive. He asked how "no solicitation" signs are supposed to be displayed. Stacy Lynne, 216 Park Street, opposed restricting businesses. She asked how much the permit will cost and whether or not all City of Fort Collins employees and elected officials must submit to background checks. City Manager Atteberry replied City employees in safety -sensitive positions are required to submit to a background check and all new employees must submit to drug testing. Mayor Weitkunat asked that staff address Mr. Hall's question. Turnquist replied "no soliciting" signs must be posted at or near the entrance or entrances to the premises. Mayor Weitkunat asked that staff address the recommendation to restrict hours for door to door solicitation. City Attorney Roy stated the time restriction could be revisited prior to Second Reading. Mayor Weitkunat asked about the cost of the permit. Turnquist replied staff has yet to calculate an exact dollar amount but the goal will be to cover the direct administrative costs, including staff time for paperwork processing, actual costs for badges, and the cost for maintaining the "no solicitation" list. It is currently estimated the permits will cost between $50 and $100 each. In 2009, a specific outreach about this topic was placed on the City's webpage resulting in 300 to 400 responses which were overwhelmingly against making changes to the existing Ordinance. Councilmember Kottwitz asked if an opt -in option was considered rather than an opt -out. City Attorney Roy replied in the negative. Councilmember Kottwitz asked how moving and changes of address would be handled. Turnquist replied that has yet to be fully outlined. Councilmember Kottwitz asked how Girl Scouts could be differentiated. City Attorney Roy replied Council has the option to make the opt -out list applicable to only commercial solicitations. Councilmember Kottwitz asked about potential costs of the Ordinance and fines for violating the Ordinance. Turnquist replied that information will be provided for Second Reading. Councilmember Troxell asked if the badges would show any representations of the City of Fort Collins. Turnquist replied the badges would likely have a phrase indicated the license was granted by the City but there would be no City logo. 304 May 3, 2011 Councilmember Troxell asked about renewals for the opt -out list. Tumquist replied the City would likely send an e-mail notification indicating the two-year opt -out is about to expire and directing individuals to renew the opt -out. Mayor Pro Tern Ohlson asked why these changes have been proposed given the overwhelming citizen opposition. City Attorney Roy replied the City has been in litigation for the past year and it is advisable to make these changes at this time. Councilmember Horak asked who has taken the City to court. City Attorney Roy replied the City is currently in litigation with Royal Crest Dairy. Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 060, 2011, as revised, on First Reading. City Attorney Roy read the revisions to the Ordinance. Councilmember Manvel supported the way staff has revised the Ordinance as it gives citizens options. Councilmember Troxell expressed support for the existing Ordinance but stated he would support the motion. Councilmember Horak supported the changes but suggested the timeline be increased for additional public input. Councilmember Poppaw agreed with Councilmember Horak. Councilmember Manvel opposed delaying the vote. Executive Session Authorized Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to go into Executive Session, as permitted under Section 2-31(a)(2) of the City Code, for the purpose of meeting with the attorneys for the City and affected members of City Staff to discuss pending litigation and related legal issues. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. (At this time, Council adjourned into executive session and reconvened the meeting at 8:20 p.m.) City Attorney Roy noted the item may be time sensitive as parties to the litigation are due back in federal district court on June 1 Oth to advise the judge as to the status of the case. Councilmember Manvel asked for additional discussion regarding the allowed solicitation hours prior to Second Reading. 305 May 3, 2011 The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Poppaw, Horak and Troxell. Nays:Ohlson. THE MOTION CARRIED. Other Business Councilmember Horak suggested responses should be sent to citizens who comment at Council meetings, as they are to citizens who send a -mails or other correspondence. City Attorney Roy stated verbal responses are provided at the meeting if possible, with follow-up as necessary. Mayor Weitkunat noted Council will be having a workshop Friday and Saturday and will place the topic on the agenda. Councilmember Poppaw noted the workshop is open to the public. City Manager Atteberry stated the Friday meeting will held at Primrose Artists Studio from 4:00 until 8:00 p.m. and the Saturday meeting will be held at Tamasag from 9:00 a.m. until 3:00 p.m. Councilmember Horak noted the Poudre Fire Authority Board is short one member and he suggested appointing an interim member as tomorrow's Board meeting will involve the Fire Chief hiring process. Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to appoint Councilmember Horak as an interim member to the Poudre Fire Authority Board. City Attorney Roy noted Council will need to first make a finding that it would be contrary to the public interest to postpone this action. Councilmembers Poppaw and Manvel withdrew the motion. Councilmember Poppaw made a motion, seconded by Councilmember Manvel, that it would be contrary to the public interest to delay consideration of this interim appointment. City Manager Atteberry noted the current Council representatives on the PFA Board are Councilmember Kottwitz and himself. Additionally, City Attorney Roy will also be present. Mayor Weitkunat stated she would also be interested in serving on the Board. Councilmember Manvel supported the motion to consider an interim appointment. Councilmember Poppaw expressed interest in serving on the Board. Councilmember Kottwitz disagreed that postponing the interim appointment would be detrimental to the public interest. 61110 May 3, 2011 Mayor Pro Tern Ohlson asked why the PFA Board would need to go into Executive Session to discuss hiring a new Fire Chief. City Manager Atteberry replied the Executive Session will deal with legal issues and to conduct interviews with four internal employees for the interim Chief position. The recruitment process will be discussed publicly. Ross Cunniff, 2267 Clydesdale, supported having full Council representation on the PFA Board. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: Kottwitz. THE MOTION CARRIED. Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to appoint Councilmember Horak as an interim•member to the Poudre Fire Authority Board, until a permanent appointment is made on May 17. Councilmember Kottwitz asked if any other Councilmembers would be interested in the interim position and how much Councilmember Horak has been following PFA. Councilmember Horak replied he has followed the PFA Board since it was formed and has a great deal of interest in how the Authority is being structured and how a Chief will be appointed. Councilmember Poppaw stated she would be interested in being on the Board permanently; however, this interim position is not a precursor to the permanent appointment. Mayor Pro Tern Ohlson supported the interim appointment. Mayor Weitkunat supported the interim appointment. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Adjournment The meeting adjourned at 8:50 p.m. ATTEST: OF FORT COlC2 SEAL•; City Clerk 0 307