HomeMy WebLinkAboutMINUTES-07/07/2015-RegularJuly 7, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Nelson
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry noted the Mayor will be opening public hearings for two items on the
Consent Calendar: Item No. 7, Items Relating to the Renewal of the Cable Franchise Agreement
with Comcast of California/Colorado LLC, and Item No. 18, Public Hearing and Resolution
2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the U.S.
Department of Housing and Urban Development. Additionally, City Manager Atteberry noted
Council received a copy of the affidavit of publication for the notice of public hearing on the
proposed Cable Television Franchise Agreement which was published in the Coloradoan on June
14, 21 and 28.
City Manager Atteberry stated Item No. 15, First Reading of Ordinance No. 071, 2015,
Authorizing the Execution of an Intergovernmental Agreement Pertaining to Slormwater Utility
Service Fees Due by Colorado State Universityfor Services Provided by the City of Fort Collins,
has been 18 months in process and the IGA will require CSU to meet the requirements of the
City regarding stormwater management and service fees adjusted to the unique circumstances of
CSU. He commended the collaboration between the City and CSU regarding this item.
• CITIZEN PARTICIPATION
Karen Wagner, League of Women Voters, supported moving April elections to November of
odd -numbered years, citing research indicating this would increase voter turn -out.
Michael Devereaux, Commission on Disability, discussed the importance of increasing the
budget for updating Transfort bus stops to meet ADA standards.
Terry Schlicting, Commission on Disability, requested budget increases for updating Transfort
-bus stops to meet ADA standards and for Sunday service.
Kevin Paas stated the tanks at the Taft Hill Road asphalt plant would not be allowed under new
floodplain regulations.
Sally Broste, League of Women Voters, supported moving April elections to November of odd -
numbered years.
Sara Pitts, League of Women Voters, supported moving April elections to November of odd -
numbered years, citing increased voter turn -out.
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Bjorn Swenson expressed support for Item No. 12, First Reading of Ordinance No. 077, 2015,
Adopting New Bus Stop Design Standards and Guidelines.
Rosemary Bergstrom, League of Women Voters, supported moving April elections to November
of odd -numbered years.
Myles Crane and Joseph Leske, Human Relations Commission, announced an event regarding
taking the stigma out of mental illness and thanked partners who have helped the Human
Relations Commission in its efforts.
Jane Abram, League of Women Voters, supported moving April elections to November of odd -
numbered years.
Marilee Boylan, ARC of Latimer County, supported updating Transfort bus stops at an increased
rate to meet ADA standards.
Michael Ball supported updating Transfort bus stops to meet ADA standards.
Karen Hare expressed concern regarding the location and operations of the Taft Hill Road
asphalt plant.
Chrissy Krumm, People First, supported updating Transfort bus stops to meet ADA standards.
Valerie Vogler expressed concern regarding the location of the asphalt plant.
Julian Wang, People First, supported updating Transfort bus stops to meet ADA standards.
Lynn Young, League of Women Voters, supported moving April elections to November of odd -
numbered years, citing increased voter turn -out and decreased voter fatigue.
Kurt Lyons, Affordable Housing Board, supported decreasing requirements for and allowing
accessory dwelling units in more zone districts in order to aid in affordable housing in the
community.
Troy Jones, Affordable Housing Board, supported more flexibility with accessory dwelling units.
Stacey Poncelow requested City staff be directed to listen to neighbors and residents regarding
development projects, specifically citing The Grove project.
Cheryl Distaso, Fort Collins Community Action Network, supported updating Transfort bus
stops to meet ADA standards, the statements from the Citizens Against Asphalt Toxins, and
commended the staff team working on cold -weather emergency shelters. Additionally, Ms._
Distaso discussed Fort Collins Homeless Coalition's support for Deputy City Manager Mihelich's
recommendations, relating to homeless individuals.
Tatiana Martin thanked Councilmember Martinez for attending the Affordable Housing Board's
meeting and showing interest in the topic.
Lynn Thompson, Fort Collins Homeless Coalition, commended recent staff work to end the
criminalization of homelessness in the community and stated enforcement should be consistent
with protecting the safety and well-being of homeless individuals.
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Alexis Hmielak, FC Public Media, thanked Council for its work on the negotiations for the
Comcast agreement and thanked Council for its support in the budgeting process.
Nancy Jackson, Disabled Resource Services Director, stated all of the City's bus stops should be
modified to meet ADA standards as soon as possible, suggesting the stops should all be funded
during this Council's tenure.
Hailey Bates supported comments made by the Citizens Against Asphalt Toxins group.
Jerry Welch, Disabled Resource Services, supported updating Transfort bus stops to meet ADA
standards as soon as possible.
Richard Perry supported comments made by the Citizens Against Asphalt Toxins group in
opposition to the Martin Marietta asphalt plant.
Brad Rhoda supported comments made by the Citizens Against Asphalt Toxins group in
opposition to the Martin Marietta asphalt plant.
Bruce Lockhart opposed extending curbside recycling to the Harmony Mobile Home Park.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested an update regarding the updating of Transfort bus stops.
Kurt Ravenschlag, Transfort Director, discussed the varying deficiencies in stops around the city
and stated, through the recent budgeting process, Transfort will now receive $100,000 annually
to upgrade stops, which will allow the improvement of 10 bus stops per year. Additionally, the
advertising contractor is anticipated to improve 5 stops per year and stops are improved as
development occurs, for an anticipated total of about 20 stops per year. He stated the City will
continue to seek grants for additional improvements.
Councilmember Martinez asked how many stops were upgraded last year. Emma Belmont,
Transit Planner, stated 9 stops were updated through grants and the 12 MAX stops were created.
Mayor Pro Tern Horak asked about Transfort's overall budget. Ravenschlag replied it is
approximately $14 million this year, primarily for operating expenses.
Mayor Pro Tern Horak noted choices have to be made and stated many stops without sidewalks
are outside City limits and funding could be sought through the County.
Councilmember Martinez asked how the stops are prioritized for updating. Belmont replied the
priorities are based on inaccessibility, existing ridership, proximity to youth, senior, disabled and
low-income populations, and locations with high exposure to the elements.
Councilmember Martinez asked when routes will become fixed. Ravenschlag replied modified
or new routes go through a two-year service development period with temporary stops, during
which time investment is limited until it is proven to be a popular route.
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Councilmember Campana suggested staff provide more detailed information regarding the
funding for stop improvements. Ravenschlag noted the 20 stops per year figure is purely an
estimate based on the average cost of improving a stop.
Mayor Pro Tem Horak stated no advertising should be allowed at non -compliant stops.
Councilmember Stephens thanked those who spoke regarding the ADA accessibility issue and
asked if individuals from these various agencies are being consulted in terms of prioritizing stops
for improvements. Ravenschlag replied in the affirmative.
Councilmember Overbeck supported updating bus stops to ADA standards and requested an
update on the staff meeting with the Citizens Against Asphalt Toxins group. Deputy City
Manager Mihelich noted the Asphalt Plant is not within City limits, nor is the City the permitting
agent for the facility. However; he stated the City has developed a memorandum of
understanding with Martin Marietta, which it is meeting in all areas except one. With regard to
the possibility of the City no longer purchasing asphalt from the plant, Mihelich stated that is the
only plant from which asphalt can be purchased to meet the needs of all the City's projects. He
stated the life of the plant could be extended should the City opt to not purchase its asphalt from
the plant. Mihelich discussed the improvements made to the plant and truck routes and stated the
MOU requested the installation of carbon filters in its tanks, which remains in process and will
further protect air quality.
Mayor Troxell commended the Transfort bus stop standards and guidelines and suggested a work
session regarding the updating to ADA standards. Mayor Troxell also thanked the League of
Women Voters for their comments and suggestions and thanked Deputy City Manager for his
work regarding the asphalt plant.
Councilmember Cunniff thanked the League of Women Voters and supported ideas to increase
voter turn -out. He requested a report regarding what type of monitoring of compliance with
development agreements has occurred at The Grove.
Mayor Pro Tem Horak requested information regarding systematic inspections of those types of
properties.
Councilmember Stephens supported the possibility of moving elections to increase voter turn-
out.
Mayor Pro Tem Horak suggested moving with caution in terms of changing elections.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item Nos. 14 and 16, First Reading of Ordinance No. 083,
2015, Adopting a Policy Related to Council Action Initiating Ordinances and Resolutions and
Making Related Clarifying Amendments to Section 2.32(d) of the Code of the City of Fort Collins
and Resolution 2015-061 Finding Substantial Compliance and Initiating Annexation
Proceedings for the Keclter Farm Second Annexation, from the Consent Calendar.
Mayor Troxell stated several items on the Consent Agenda are considered public hearings, per
federal and City Charter requirements and to demonstrate the City's continued commitment to
public participation, and announced those items: Item Nos. 7 and 18: Items Relating to the
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Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC, and
Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan
Required by the U.S. Department of Housing and Urban Development. Mayor Troxell opened
the public hearing on those items.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
2.
Consideration and Approval of the Minutes of the June 2, 2015 Regular Council Meeting and
the June 15, 2015 Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the June 2, 2015 Regular Council meeting
and the June 15, 2015 Special Council meeting.
This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates two gifts the
City has received from the Estate of Paul N. Gwyn. As required in Mr. Gwyn's will, the first gift is to
be used for the exclusive benefit of the Fort Collins Senior Center in the amount of $398,233. The
second gift is to be used for the exclusive benefit of the Poudre River Library District (Library), also in
the amount of $398,233. The Ordinance has been amended to add language to more clearly
acknowledge and agree that Mr. Gwyn's gifts, as expressly stated in his will, are required to be used
for the exclusive benefit of the Senior Center and the Library.
3. Second Reading of Ordinance No. 063, 2015, Appropriating Unanticipated Grant Revenue into
the Transportation Services Fund for the Safe Routes to School Program. (Adopted)
4.
This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates unbudgeted
funds received through a grant for the Safe Routes to School program (part of the City's FC Moves
Department). The Colorado Department of Transportation (CDOT) has awarded a $55,038 grant for
implementation of a new school -rotation schedule in Fort Collins schools. This school -rotation plan
ensures that students in all public schools in Fort Collins receive bike -pedestrian safety education on
a regular basis.
Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates additional
funding into the Capital Project Fund for the Vine Drive and Shields Street Intersection Improvement
Project. The City received a federally funded grant through the North Front Range Metropolitan
Planning Organization (NFRMPO) for operational and safety improvements at the Vine Drive and
Shields Street intersection,. previously appropriated through Ordinance No. 076, 2012. Building on
Basics (BOB) Intersection Funds and the Regional Road Impact Fee funds were used as matching
funds for the grant. A construction cost estimate was developed in 2012. Due to escalating
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5.
construction costs, the current estimate has increased by approximately 15%. City and County staff
have identified the Regional Road Impact Fee as a supplemental funding source for the project.
This Ordinance, unanimously adopted on First Reading on June 2, 2015, adopts a variety of
revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in
nature and that have been identified since the last update in December 2014.
6. Second Reading of Ordinance No. 066, 2015, Authorizing the Conveyance of a Permanent
Access Easement on City Property to the City of Greeley. (Adopted)
This Ordinance, unanimously adopted on First Reading on June 2, 2015, authorizes the conveyance
of a permanent access easement to the City of Greeley along a dirt road on City Property known as
the City Ditch. The City conveyed easements in 2014 to the City of Greeley ("Greeley') to facilitate
its Greeley Bellvue Pipeline Project (the 'Project') across a strip of property owned by the City's
Utility Department located south of the Poudre River and north of Bingham Hill Road, known as the
City Ditch property. At that time, Greeley was also in negotiations with the neighboring property
owner for easements across their property, including an access easement in order for Greeley to
access the Project site. Greeley has reached an agreement for possession of the easements
needed from the neighboring property owner; however, as part of that agreement, Greeley agreed to
reroute its planned access route to instead use the dirt road on the City Ditch property. As such,
Greeley has requested a permanent access easement for use of the dirt road on the City Ditch
property to access its pipeline site.
Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of
California/Colorado LLC. (Adopted)
A. Public Hearing and Second Reading of Ordinance No. 067, 2015, Granting a Non -Exclusive
Franchise to Comcast of California/Colorado, LLC and its Successors and Assigns for the Right
to Make Reasonable Use of, and Erect, Construct, Operate and Maintain Through, the Public
Rights -Of -Way, Easements and Other Public Property, Any Equipment Necessary and
Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable
Services to Citizens Within the City.
B. Second Reading of Ordinance No. 068, 2015, Establishing New City of Fort Collins Customer
Service Standards for Cable Television.
Ordinance No. 067, 2015, renews the Cable Franchise Agreement from the City of Fort Collins to
Comcast of California/Colorado LLC. Ordinance No. 068, 2015, establishes new Customer Service
Standards - Cable Television. The current agreement will expire on July 31, 2015. Following
extensive community outreach, staff and Council identified a number of priorities for the negotiation
process. With the assistance of outside legal counsel, staff has negotiated a proposed 10-year
agreement with Comcast that addresses the majority of these priorities. Both Ordinances were
unanimously adopted on First Reading on June 2, 2015.
8. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. (Adopted)
A. First Reading of Ordinance No. 072, 2015, Appropriating Unanticipated Revenue in the.
Community Development Block Grant Fund.
B. First Reading of Ordinance No. 073, 2015, Appropriating Unanticipated Revenue In the HOME
Investments Partnerships Fund.
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The purpose of this item is to appropriate the 2015 CDBG and HOME grant funds and CDBG and
HOME program income.
9. First Reading of Ordinance No. 074, 2015, Authorizing the Transfer of Previously
Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital
Projects into the Stormwater Basin Improvement Capital Project. (Adopted)
The purpose of this item is to transfer and consolidate previously appropriated funds from the nine
individual stormwater basin capital projects and the Drainage System Replacement Project into the
citywide Stormwater Basin Improvement Capital Project. All appropriations will continue to be used
for stormwater basin management improvement projects, while improving transparency and flexibility
to fund and construct the highest priority stormwater improvements that are required citywide.
10. First Reading of Ordinance No. 075, 2015, Appropriating Prior Year Reserves in the Water
Fund for 2015 Water Distribution Infrastructure Replacement Projects. (Adopted)
The purpose of this item is to appropriate $745,000 in prior year reserves to be used for water
distribution system infrastructure replacement projects in 2015. The current funding shortfall is due
to unanticipated projects and escalating construction costs. There are sufficient water plant
investment fee revenues in reserve available and appropriately utilized for this purpose, particularly
in light of unanticipated fee revenues received in 2015.
11. Items Relating to Parking Enforcement at the Harmony Transfer Center. (Adopted)
A. Resolution 2015-060 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation to Provide Parking Enforcement at the
Harmony Transfer Center Park and Ride.
B. First Reading of Ordinance No. 076, 2015, Appropriating Unanticipated Revenue into Parking
Fund for Parking Enforcement Services at the Harmony Transfer Center.
The purpose of this item is for the City of Fort Collins to enter into a funding agreement with
Colorado Department of Transportation (CDOT) to provide daily parking enforcement at the
Harmony Transfer Center (Park and Ride). All costs for this parking enforcement are borne by
CDOT. This agreement allows the City to provide parking enforcement for CDOT's new interregional
bus service, "Bustang", once a notice to proceed is received from CDOT. No physical expansion of
the Harmony Transfer Center Park and Ride is planned at this time.
12. First Reading of Ordinance No. 077, 2015, Adopting New Bus Stop Design Standards and
Guidelines. (Adopted)
13.
The purpose of this item is to update Transfort's Bus Stop Design Standards and Guidelines. The
update integrates Americans with Disability Act (ADA) requirements and provides guidance for the
distribution of passenger amenities at bus stops.
The purpose of this item is to bring an ordinance forward to implement a residential time -of -use
(TOU) pilot rate study. Staff presented information detailing the proposed TOU pilot study at the City
Council work session on January 27, 2015, where an ad hoc committee was formed allowing
Councilmen Campana and Cunniff to meet separately with City staff to discuss alternatives for TOU
electric rates. Resolution 2015-022, creating the ad hoc committee, was signed by Mayor Weitkunat
on February 3. The ad hoc meeting between Councilmen Campana and Cunniff and members of
staff was held on February 24. Following this meeting, a memo was provided to Council summarizing
the meeting discussions and outlined recommendations. The proposal for discussion outlines four
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14.
15.
objectives of the TOU pilot study and includes implementing two parallel TOU rate structures for pre -
selected residential customers for a 12-month period. Customers will have the option to opt -out.
Staff is recommending a "best -bill" guarantee to encourage participation throughout the life of the
study. A sampling of net metering solar photovoltaic (PV) customers will be included within each pilot
rate group.
for Services Provided by the City of Fort Collins.
The purpose of this item is to approve an intergovernmental agreement to establish a Stormwater
Utility Service Agreement between the City of Fort Collins Utilities and Colorado State University
(CSU). Under this IGA, CSU will agree to follow the standards, requirements, and conditions related
to stormwater management set forth in Chapter 26 of the City Code. The IGA establishes a baseline
of impervious area above which an additional Plant Investment Fee would be required for an
increase of impervious surface. Finally, CSU will be required to pay monthly Stormwater Utility Fees
adjusted by a rate formula that reflects the benefits to the City system by the additional detention
provided on the CSU campus and the costs associated with the operation of CSU's own Municipal
Separate Storm Sewer System (MS4).
The purpose of this item is to assign the City's 2015 Private Activity Bond Allocation (PAB) in the
amount of $7,610,250 to the Fort Collins Housing Authority (FCHA) for the purpose of affordable
housing development and rehabilitation. Specifically, the bond proceeds will be used to finance the
rehabilitation of 284 affordable housing units located at the Villages on Cunningham Corner and the
development of 72 new units located at the Village on Redwood. There have been no other requests
to use the 2015 PAB allocation.
16. Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan
Required by the U.S. Department of Housing and Urban Development. (Adopted)
The purpose of this item is to hold a required public hearing and adopt the 2015-2019 Five -Year
Consolidated Plan. The Plan is required by the US.Department of Housing and Urban Development
(HUD), since the City is an annual recipient of federal entitlement funds for affordable housing,
human services, and community development activities. The document outlines a high level
community snapshot of affordable housing and human services, assesses needs and gaps, and sets
courses of action and priorities for achieving goals in these areas. The Plan is designed to
complement and enhance current City documents, policies and priorities in these arenas. The six
major goals outlined in the document are:
• Increase the supply of affordable rental housing (includes housing for special sub -populations
such as seniors and persons with disabilities)
• Increase housing opportunities for persons experiencing homelessness
• Provide programs for homelessness prevention
• Preserve existing affordable housing inventory
• Provide assistance for programs that support affordable homeownership
• Supportive [human] services to improve living conditions
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17. Resolution 2015-064 Approving an Exception to the Use of a Competitive Purchasing Process
for Design and Construction of a Hybrid DC Power Microgrid Electrical System for the New
Utilities Administration Building with Positive Energies LLC. (Adopted)
The purpose of the item is to request an exception to the competitive purchasing process for the
contracting of design and construction services for a hybrid DC power electrical system with Positive
Energies, LLC (Pos-En), as the alternative is contrary to the City's best interests. The City has
awarded the contract for design and construction of the new 37,500 SF Utilities Administration
Building (UAB) at 222 LaPorte Avenue to Adolfson and Peterson in accordance with the City
competitive purchasing process. The project is pursuing a transformational and innovative electrical
systems approach using a Hybrid DC Power Microgrid. The alternative electrical design has been
selected for implementation. Pos-En has provided a not -to -exceed price for a complete building
electrical system that is lower in cost than the traditional AC (alternating current) power approach.
Operation Services, Utilities and Purchasing staff have determined that using the City's competitive
purchasing process would substantially increase the project schedule and technical risks for this
innovative power system.
18. Resolution 2015-065 Making Appointments to the Economic Advisory Commission, Golf
Board and Transportation Board. (Adopted)
The purpose of this item is to appoint Kristin Owens to the Economic Advisory Commission, John
Lyttle to the Golf Board and Tim Sutton to the Transportation Board to fulfill vacancies created
through resignations.
• END CONSENT
Mayor Troxell closed the public hearing on Item Nos. 7 and 18: Items Relating to the Renewal of
the Cable Franchise Agreement with Comcast of California/Colorado LLC, and Public Hearing
and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the
U.S. Department of Housing and Urban Development.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested a memo regarding assurance the purpose is compatible
regarding Item No. 9, First Reading of Ordinance No. 074, 2015, Authorizing the Transfer of
Previously Appropriated Funds in the Storm Drainage Fund From Individual Stornnwater Basin
Capitol Projects into the Stormwater Basin Improvement Capital Project. Additionally, he
requested a memo regarding the management of change requests with regard to Item No. 19,
Resolution 2015-064 Approving an Exception to the Use of a Competitive Purchasing Process
for Design and Construction of a Hybrid DC Power Microgrid Electrical System for the New
Utilities Administration Building with Positive Energies LLC.
Councilmember Martinez supported Item No. 17, Resolution 2015-062 Authorizing the
Assignment of the City s Private Activity Bond Allocation for 2015 to the Fort Collins Housing
Authority to Finance the Development and Rehabilitation of Affordable Housing Units at The
Village on Cunningham Corner and The Village on Redwood, as being a positive step for
affordable housing.
• STAFF REPORTS
Deputy City Manager Mihelich stated a preliminary draft agreement with Homeward 2020 to
take a leadership role regarding homelessness within the community has been developed.
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Vanessa Finley, Homeward 2020, stated Homeward 2020 can be seen as a hub for community
conversations around strategies which can make homelessness rare, short-lived and non-
recurring. Additionally, she discussed the formation of a homeless management information
system and announced quarterly community gatherings on the topic.
Jackie Kozak Thiel, Chief Sustainability Officer, discussed the plan moving forward in terms of
work session and Council meeting dates and topics.
0 COUNCILMEMBER REPORTS
Councilmember Martinez provided a video shown at the Downtown Development Authority
meeting regarding the Woodward Governor project. Additionally, he reported on his attendance
at the Affordable Housing Board and Commission on Disability meetings.
Councilmember Cunniff reported on the Fort Collins Housing Authority Board meeting.
Mayor Troxell reported on his attendance at the Smithsonian exhibit featuring Fort Collins as a
Place of Innovation for 2010 and forward. Additionally, he reported on the recognition of Lee
Martinez on the anniversary of Lee Martinez Park.
Mayor Pro Tem Horak reported on the re -opening of the Poudre trail throughout the city.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
iRl
(Postponed to July 21, 2015)
The purpose of this item is to adopt a policy relating to Council action initiating ordinances and
resolutions and make related clarifying amendments to Section 2.32(d) of the City Code.
Councilmember Cunniff stated his memory of the retreat involved retaining the rule of three to
allow three Councilmembers to request legislation to come before Council only at regular
business meetings and expressed concern this item does not match that situation.
Eric Sutherland supported the intent of this item but expressed concern regarding the
requirement of four Council votes to request legislation to come before Council.
City Attorney Daggett stated she may have misunderstood Council's retreat discussion as her
interpretation was that Council desired a majority vote in order to request legislation be brought
forth. She stated the language would need to be amended if that is not the case.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
consideration of this item to the July 21, 2015 regular meeting in order to draft language
reflecting the rule of three.
Councilmember Campana stated he remembered the conversation as City Attorney Daggett;
however, he did not have a problem with the language changes.
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RESULT: POSTPONED TO JULY 21, 2015 [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Bob Overbeck, District 1
AYES:. Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
20. Resolution 2015-061 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Kechter Farm Second Annexation. (Adopted)
The purpose of this item is to annex the second phase of Kechter Farm. The applicants, Toll CO 1
LLC, the property owners, have submitted a written petition requesting annexation of 78.58 acres
located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir.
Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed -
Use Neighborhood (37.48 acres) and U-E, Urban Estate (41.1 acres). The property is located within
the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the
Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this
subarea are to receive their land use approval in the County and are then to be annexed prior to the
issuance of building permits. Kechter Farm First Annexation, 88.21 acres, was annexed in May
2014. The Second Annexation consists of 78.58 acres.
Councilmember Cunniff questioned if the location of the annexation was within the buffer zone
of the Fossil Creek Reservoir. Ted Shepard, Chief Planner, stated this Resolution is initiating the
annexation. The annexation has been approved by Larimer County and meets all requirements
of the annexation IGA with the County. The development is in full compliance with the Land
Use Code and the ]GA concerning Fossil Creek Reservoir Area.
Councilmember Cunniff made a motion, seconded by Councilmember. Martinez, to adopt
Resolution 2015-061.
RESULT: RESOLUTION 2015-061 ADOPTED [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• DISCUSSION ITEMS
21. Resolution 2015-066 Adopting Council Retreat Priorities for 2015-2017. (Adopted as
Amended)
The purpose of this item is to adopt the City Council Priorities as identified during the May 2015
retreat.
City Manager Atteberry stated one of the primary roles of Council is to establish goals and
priorities for staff to operationalize in a timely manner and this Resolution would adopt the
priorities that have been identified at a recent Council retreat.
Councilmember Overbeck requested and received assurance air quality enforcement would
include black smoke from trucks and rolling coal.
Mayor Troxell asked about the item involving Hughes Stadium. City Manager Atteberry replied
a Stadium Advisory Group will begin in August and stated the priorities could be adjusted to
include information regarding the new stadium as well as Hughes.
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Councilmember Martinez asked why the gentrification study is considered a high priority when
the study is almost complete. Deputy City Manager Mihelich replied various studies and surveys
are being conducted in order to establish a baseline regarding gentrification in the BAVA
neighborhoods; however, a full study beyond that is premature at this point.
Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt
Resolution 2015-066, with the exclusion of paragraph C under `gentrification study'.
Councilmember Campana noted this item is already in progress and other such items were not
included on the priority list.
Councilmember Cunniff requested a friendly amendment to section 4D to include the following
"and remediation of CSU stadium neighborhood impacts." Councilmembers Martinez and
Campana accepted the friendly amendment.
Mayor Pro Tern Horak noted the Hughes Stadium site is currently outside the Growth
Management Area.
Councilmember Cunniff commended the process regarding this Resolution.
Mayor Troxell thanked staff for efforts at the retreat and commended the facilitation of the
retreat.
RESULT: RESOLUTION 2015-066 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunnitt, Horak
22.
Public Places Program. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on June 2, 2015, by a vote of 6-1 (Nays: Cunniff)
appropriates the remaining funding for design, right of way acquisition and construction of the Lincoln
Avenue Improvements from 1st Street to Lemay Avenue. The scope of the proposed improvements
is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement
consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3
million for the entire project from Jefferson to Lemay, the cost. to improve the section from 1s' Street
to Lemay Avenue is $8 million. With the reduced level of enhancements currently approved, the
project is estimated to cost $6.5 million. This Ordinance appropriates $1,968,119 from General Fund
Reserves.
Devin Herning questioned the urgency surrounding the Lincoln corridor improvements, citing
relatively low traffic volume. He stated other roadways, such as Harmony and Kechter, have
lower ratings and higher traffic volume.
Eric Sutherland suggested this project should be funded by the businesses it benefits and claimed
the BOB 2.0 ballot language was misleading.
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July 7, 2015
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 070, 2015, on Second Reading.
Mayor Pro Tern Horak stated this corridor has no sidewalks or bike lanes and hosts many
commercial trucks.
Councilmember Cunniff expressed concern regarding the possibility there are other priorities on
which the reserves could be spent and stated he would have preferred part of the funding to come
from the General Fund and from special districts.
Councilmember Martinez stated this is not hurried, but timely, and noted this funding has been
approved by voters.
Councilmember Cunniff argued voters only requested a bridge. City Manager Atteberry replied
voters have approved the $5 million bridge portion of the entire project.
Councilmember Stephens cited the public supports the project.
RESULT:
ORDINANCE NO. 070, 2015, ADOPTED ON SECOND READING [6 TO 1]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Horak
NAYS:
Cunniff
23. Items Relating to the Addition of Permitted Use Amended Process. (Options 1 and 2 Adopted
on First Reading)
A. First Reading of Ordinance No. 079, 2015, Imposing a Moratorium Upon the Application or
Effectiveness of Section 1.3.4(D) of the Land Use Code Pertaining to the Addition of Permitted
Uses by the Planning and Zoning Board. (OPTION 1)
or
B. First Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code
Pertaining to the Addition of Permitted Uses in Nine Zone Districts. (OPTION 2 - Residential
Zones Only)
or
C. First Reading of Ordinance No. 081, 2015, Amending Section 1.3.4 of the Land Use Code
Pertaining to the Addition of Permitted Uses in All Zone Districts. (OPTION 3 — All Zones)
The purpose of this item is to amend the Land Use Code to require City Council review of Addition of
Permitted Use (APU) applications in nine residential zone districts or in all zone districts or,
alternatively, enact a moratorium on such applications for a period no longer than five years.
Cameron Gloss, Planning Manager, stated Council requested staff return with possible options
related to a moratorium associated with the addition of permitted use (APU) provisions of the
Land Use Code. He stated the first option is a five year moratorium on APU applications
citywide, the timing of which roughly coincides with the completion of an update to City Plan.
The second option requires that nine of the predominantly residential zone districts be taken out
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July 7, 2015
of consideration for an APU, and the final option would require Council review of APU
applications citywide.
Gloss stated staff is not recommending any of the options be pursued by Council; however, if
Council finds a Land Use Code change is warranted, staff recommends Council review APU
applications within residential zone districts, with the exception of the MMN zone district, which
does not typically include single-family housing and surrounds high -intensity activity centers.
Gloss stated the Planning and Zoning Board recommended unanimously to retain the APU
ordinance as it exists. I
Kevin Jones, Fort Collins Area Chamber of Commerce, opposed any changes to Section 1.3.4 of
the Land Use Code, stating the APU is an important tool that allows for creativity and flexibility
in community design. He stated the APU process is already rigorous and includes an option for
appeal by citizens and Council.
Eric Smith commended the City's efforts to involve citizens and stated the current APU process
places too much burden on affected parties and takes away consistency and predictability.
Linda Ripley opposed changes to the APU process, citing its advantages in neighborhood
protection over zoning changes.
Bill Whitley supported eliminating the APU process as it is a danger to neighborhoods and the
cohesiveness of the city's character.
Cynthia Reffler supported the APU process as aiding in the creation of affordable housing.
Heather Griffith, Young People's Learning Center, opposed changes to the APU process stating
the existing process is quite rigorous.
Nick Haas discussed changes that have been made to the APU process and stated it has worked
successfully.
Trinity Oberndorf opposed a moratorium on the APU process, citing the need for variation and
flexibility.
Paul Patterson stated there is the potential for misuse of the APU process and supported a
potentially shorter moratorium as a compromise.
Paul Sorenson opposed changes to the APU process.
Jennifer Petrick opposed changes to the APU process.
City Attorney Daggett recommended Council take some type of action on each of the
Ordinances.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to postpone
indefinitely Ordinance No. 079, 2015, on First Reading.
Mayor Pro Tern Horak stated he would support a 90 day moratorium, or the enactment of
Ordinance No..080, 2015.
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July 7, 2015
Councilmembers Campana and Martinez withdrew their motion.
Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 080, 2015, on First Reading, excluding the MMN zone district, with the addition
of a moratorium until this Ordinance would take effect.
Councilmember Campana stated he would oppose changes to the APU process; however, he
stated this could be a compromise.
Councilmember Cunniff made a motion to amend, seconded by Mayor Pro Tern Horak, to hear
Second Reading on September 1st, 2015.
Councilmember Campana expressed concern regarding the resulting'length of the moratorium.
Councilmember Cunniff stated the extra time would allow for community outreach and public
input.
Mayor Pro Tern Horak asked how many APU applications have been submitted or are pending.
Gloss replied there are four applications known by staff which have recently been submitted or
are going to be submitted, none of which have a specific date before the Planning and Zoning
Board.
Councilmember Cunniff and Mayor Pro Tem Horak withdrew the motion to amend.
Councilmember Campana amended his motion, seconded by Councilmember Martinez to adopt
Ordinance No. 080, 2015, on First Reading, excluding the MMN zone district.
Councilmember Martinez commended the work of the Planning and Zoning Board on this item
and noted'he would oppose changes to the APU process; however, he accepted the current
motion as a compromise.
Mayor Troxell stated he would oppose changes to the APU process; however, he would support
the current motion, stating that support does not decrease his support for the Planning and
Zoning Board.
City Attorney Daggett showed the changes to the Ordinance per the motion's amendments.
RESULT: ORDINANCE NO. 080, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone
indefinitely Ordinance No. 081, 2015.
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July 7, 2015
RESULT:
ORDINANCE NO. 081, 2015 POSTPONED INDEFINITELY [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 079, 2015, on First Reading, changing the five-year moratorium to 90 days, or
until the effective date of Ordinance No. 080, and eliminating the MMN zone.
Councilmember Cunniff stated this moratorium would be useful.
City Attorney Daggett reviewed the Ordinance language changes.
Councilmember Campana stated he would not support the moratorium motion as there is no
emergency or crisis situation and therefore no reason to delay the issue further.
Mayor Troxell stated he would not support the moratorium motion.
RESULT:
ORDINANCE NO. 079, 2015 ADOPTED AS AMENDED ON FIRST READING [5-
21
MOVER:
Gerry Horak, District 6
SECONDER:
Kristin Stephens, District 4
AYES:
Martinez, Stephens, Overbeck, Cunniff, Horak
NAYS:
Campana, Troxell
24. First Reading of Ordinance No. 082, 2015, Amending the Land Use Code with Regard to City
Development Projects. (Adopted on First Reading)
The purpose of this item is to amend the Land Use Code to require any development review project
in which the City is an applicant to be reviewed by the Planning and Zoning Board (P&Z) and
eliminate formal appeals to the City Council while allowing a Council override of a P&Z decision.
Cameron Gloss, Planning Manager, stated City -sponsored projects go through the same
development review process as any other in the city, and are therefore subject to appeal to
Council. Because Council sets the City's budget and due to procedural issues related to the
perception of ex parte contacts, staff was directed to develop an alternate process rather than an
appeal to Council. Gloss stated this would only apply to projects in which the City is the
applicant and would not allow an appeal of the Planning .and Zoning Board decision. Council
may initiate the special review within 14 days of the Planning and Zoning Board decision and
can then take action to overturn or modify the decision of the Board.
Eric Sutherland discussed ex parte communication.
Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 082, 2015, on First Reading.
Councilmember Cunniff stated this change seems to be the most appropriate way to move
forward.
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July 7, 2015
Mayor Pro Tern Horak supported the motion.
Mayor Troxell supported the motion as a compromise of sorts regarding City project.
RESULT: ORDINANCE NO. 082, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Gino Campana, District 3
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff asked if Council would accept an option to construct and operate a
recycling facility as part of the mid -cycle budget options.
Mayor Pro Tern Horak stated options should be considered.
Councilmembers Cunniff and Stephens stated they would like the recycling facility to be
considered as an option.
• ADJOURNMENT
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 4:45
p.m., Tuesday, July 14, 2015, for a possible executive session and any other business as may
come before the City Council. Yeas: Troxell, Campana, Cunniff, Stephens, Overbeck, Martihez
and Horak. Nays: none.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 9:40 PM.
ayor
ATTEST:
SEAL
City Clerk
City of Fort Collins Page 167