HomeMy WebLinkAboutMINUTES-01/05/2016-RegularJanuary 5, 2016
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, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew the Light and Power Reliability Update Staff Report and
postponed Item No. 16, First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the
Code of the City of Fort Collins Regarding Landmark Preservation, to January 19 to allow time
for the Landmark Preservation Commission to provide feedback on the proposed changes prior
to First Reading.
• CITIZEN PARTICIPATION
Jessica Aguilar, Fort Collins Homeless Coalition, discussed the abandoned property ordinance
and camping ordinance, stating the latter ignores the reality that camping is the only option for
homeless individuals, while the abandoned property ordinance does not ignore that reality.
Nick Haws thanked staff for work regarding Item No. 10, Stormwater Criteria Manual, and
commended its representation of Plan, Do, Check, Act (PDCA).
Francesco Arndorfer, Liberty Common Robotics Team, stated this year's Lego Robotics
challenge theme is trash and discussed food waste and possible solutions for its reduction.
Riley Carlson, Liberty Common Robotics Team, detailed ways to divert food waste from the
landfill.
Deborah James stated she left her home when it became physically abusive and is now homeless.
She was not allowed a bed at the Mission because she has a service animal.
Cheryl Distaso, Fort Collins Homeless Coalition, supported the homeless outreach program. She
opposed the current camping ordinance draft as written as it criminalizes people for sleeping. •
Lynn Barker discussed a memorandum of understanding between United Way, the Rescue
Mission, Catholic Charities, and the City which states federal guidelines will be followed;
therefore, service animals, per federal ADA laws, should be allowed by the Mission. She
supported the homeless outreach program as well.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez thanked the students from Liberty Common who spoke. He asked
whether or not the claims of ticketing homeless campers when shelters are full are true. City
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January 5, 2016
Manager Atteberry replied that is the first time he has heard that claim and he will consult with
staff for an answer.
Councilmember Martinez asked about the accommodation of homeless individuals with service
animals and how service animals are defined. City Manager Atteberry replied service animals
are defined by other agencies.
Councilmember Stephens asked about the status of the overflow shelter. Jeff Mihelich, Deputy
City Manager, replied a separate overflow shelter does not exist this year; however, the number
of individuals that Catholic Charities and the Rescue Mission can accommodate has been
increased to a greater number than last year.
Councilmember Stephens asked about hotel vouchers' for particularly cold nights. Mihelich
replied those are available and staff will discuss with the Rescue Mission regarding allowing
service animals:
Councilmember Stephens- noted Crossroads Safehouse also provides housing in abusive
situations. She commended the presentation by the students from Liberty Common.
Councilmember Campana stated this is an opportunity for Fort Collins to provide innovative
solutions for homelessness. He commended the presentation by the students from Liberty
Common and thanked Mr. Haws for his comments.
Mayor Pro Tem Horak noted the camping ordinance is- unscheduled and asked what type of
outreach is currently being completed. Mihelich replied staff is currently reaching out to
stakeholders for input and the new draft of the ordinance deals with what happens when shelters
are full.
Mayor Pro Tem Horak asked about data counts regarding individuals being turned away and if
that information could be placed on the City's web page. Mihelich replied those counts have
been.made and can be placed online and provided to Council.
Mayor Troxell thanked the citizens who spoke and commended the Liberty Common students
and Mr. Haws for speaking.
Councilmember Martinez requested further detail regarding the number of beds which have been
added in shelters as part of the staff follow-up.
• CONSENT CALENDAR
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Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items on the Consent Agenda.
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January 5, 2016
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Consideration and Approval of the Minutes of the December 15, 2015 Regular Council
Meeting. (Adopted)
The purpose of this item is to approve the minutes from the December 15, 2015 Regular Council
meeting.
2. Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on
Maxwell Natural Area to the Board of Governors of the Colorado State University System.
(Adopted)
This Ordinance unanimously adopted on First Reading on November' 17, 2015, authorizes
conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural
Area that will replace a 99-year lease for access to maintain the Aggie "A" on the Natural Area. The
Natural Areas Department proposed that the City grant a permanent easement to the Board of
Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement
will also enable CSU and its students to carry out two other group activities that currently require
annual permits from Natural Areas. CSU's current access typically has minimal impact to the Natural
Area and no additional impacts are anticipated. No other access rights are to be conveyed:
On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year
easement agreement with CSU that will automatically renew for successive ten-year terms unless
either party elects to terminate the easement after notice to the other party. Second Reading was
postponed to January 5, 2016 after CSU raised concerns regarding the easement terms. Those
issues have since been resolved and CSU is willing to accept the language as approved by City
Council on First Reading. Following First Reading minor edits were made to the Ordinance by the
City Attorney's Office to improve the clarity of the Ordinance language. Those edits are shown in the
Second Reading Ordinance.
3. Items Relating to the Lodgepole Investments LLC Annexation and Zoning. (Adopted)
A. Second Reading of Ordinance No. 163, 2015,, Annexing Property Known as the Lodgepole
Investments LLC Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole Investments
LLC Annexation to the City of Fort Collins.
These Ordinances, unanimously adopted on First Reading on December 15, 2015, annex and zone
39.7 acres platted and approved in Larimer County as Fossil Creek Farm M.L.D., Tracts A and B.
There are two tracts of land included in this annexation, located southwest of the intersection of 1-25
and State Highway 392. The requested zoning for this annexation is G-C, General Commercial
(10.0 acres) on Tracts A and (29.77 acres) on Tract B. The property is located within the Fossil
Creek Reservoir Area Plan boundary.
4. Second Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the
Lincoln Corridor Improvements Project — Phase I. (Adopted)
This Ordinance, unanimously adopted on First Reading.on December 15, 2015,authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct
improvements to Lincoln Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln
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Corridor Improvements Project - Phase I will construct road and intersection improvements,
multimodal enhancements, utility improvements, and access control improvements in accordance
with the Lincoln Corridor Plan. The project is planned to begin construction in the summer of 2016
and be completed in 2017. To construct these improvements, the City will need to acquire certain
property interests adjacent to the project area. The acquisitions include right-of-way, permanent
easements, and temporary easements from eleven property owners. Timely acquisition of the
property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in
good faith with the affected owners and is optimistic that all property negotiations can be completed
prior to the start of the Project. Staff is requesting authorization of eminent domain for all property
acquisitions for the Project only if such action is deemed necessary.
5. Second Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban
Area Street Standards. (Adopted)
This Ordinance, unanimously adopted on First Reading on December 15, 2015, updates the Larimer
County Urban Area Street Standards (LCUASS). These updates include both technical/text updates,
and correction of inconsistencies identified by staff since the last major update, as well as updates to
the street cross -sections implementing recommendations from the 2014 Bicycle Master Plan.
Additionally language was added aligning the City's policy towards "complete streets", as identified in
City Plan and the Transportation Master Plan. This item corresponds to Strategic Plan Objectives;
Safe Community 5.6 and Transportation 6.1, 6.3, 6.4. Once the City approves these updates the
changes must also be approved by City of Loveland and Larimer County before they are
incorporated into LCUASS, as these are a shared set of standards between the three jurisdictions.
6. First Reading of Ordinance No, 001, 2016, Appropriating Revenue in the Community Capital
Improvement Fund for Initiation of the Various 2016 Approved Projects, Transferring a
Portion of that Appropriation to the Capital Projects Fund and a Portion thereof to the
Cultural Services and Facilities Fund for the Art in Public Places Program Contribution
Associated with the 2016 Approved Projects. (Adopted)
The purpose of this item is to appropriate $6,980,000 of Community Improvement Program funding
for 2016 to initiate ten projects and programs identified as those of the highest priority during
community outreach and guidance provided by City Council, and to transfer a portion of these
appropriated funds to the Capital Projects Fund from which a portion will also be then transferred to
the APP program. ,
7. First Reading of Ordinance No. 002, 2016, Appropriating Unanticipated Grant Revenue from
the Congestion Mitigation and Air Quality Grant for the Extension of FLEX Regional Route
Service and Authorizing Execution of Implementing Intergovernmental Agreements by the
City Manager. (Adopted)
The purpose of this item is to request a 2016 appropriation in the amount of $475,000 to facilitate
additional service for the FLEX regional transit route. This additional service is being fully funded
through a Congestion Mitigation and Air Quality (CMAQ) grant that was awarded to Boulder County
for the extension of FLEX services to Boulder. Staff is not requesting any additional City funding
because the local match is being provided by existing Transportation Management Association
(TMA) partner contributions and by the City of Boulder. The additional service is set to begin in
January 2016 under a three-year pilot program. Transfort is acting in the capacity of pass -through
recipient of the CMAQ funding and will request from Council further appropriations for 2017 and
2018 service in the 2016 Budgeting for Outcomes (BFO) process. These further appropriations will
again be fully funded with external revenue.
A
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month
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January 5, 2016
grant in the amount of $37,000 for the period from January 1, 2016 to December 31, 2016, by the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services
provided by this team. These funds will be used for part of the salary for the victim advocate who
provides crisis intervention services during weekday hours and is housed in the Victim Services
office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour
a day, 7-day a week services to victims of crime in the. community.
9. Items Relating to Underage Possession and Consumption of Alcohol and Marijuana Offenses
and Consistency with State Law. (Adopted)
A. First Reading of Ordinance No. 004, 2016, Amending Chapter 17 of the Code of the City of Fort
Collins to Establish an Offense for Underage Possession or Consumption of Ethyl Alcohol.
The purpose of this item is to create a municipal misdemeanor offense that mirrors the state law on
underage possession and consumption of alcohol.
B. First Reading of Ordinance No. 005, 2016, Amending Chapter 17 of the Code of the City of Fort
Collins to Bring the Existing Underage Code Offenses for Possession or Consumption of
Marijuana into Conformity with State Law.
The purpose of this item is to bring the current underage possession and consumption of marijuana
municipal misdemeanor offenses into conformity with state law.
10. Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins
Stormwater Criteria Manual. (Adopted)
A. First Reading of Ordinance No. 006, 2016, Amending Chapter 26 of the Code,of the City of Fort
Collins and the Fort Collins Stormwater Criteria Manual to Modify the Criteria for Underground
Detention Systems.
B. First Reading of Ordinance No. 007, 2016, Amending Chapter 26 of the Code of the City of Fort
Collins and the Fort Collins Stormwater Criteria Manual to Modify Provisions Implementing Low
Impact Development Principles.
The purpose of this item is to formally adopt two updates to the Stormwater Criteria Manual.
Ordinance No. 006, 2016, updates the criteria that govern when, where, and to what extent it is
appropriate to design and construct underground stormwater detention systems in the City of Fort
Collins. Ordinance No.007, 2016, updates the current Low Impact Development (LID) criteria. The
two policies are consistent with sustainability goals for the City of Fort Collins which center on three
themes: innovate, sustain and connect. The adoption of these updated policies will allow for more
efficient use of space, thus allowing the City to meet its sustainability goals, provide innovative
design flexibility for new development that will enhance community affordability and livability, and
allow a more compact development pattern in. Fort Collins enhancing connectivity and reducing
sprawl.
11. First Reading of Ordinance No. 008, 2016, Authorizing the Release of a Covenant on the
Murphy Center Property. (Adopted)
The purpose of this item is to release a covenant that is•no longer needed following the loan payoff
and Release of Deed of Trust for the Community Development Block Grant (CDBG) Public Facility
project regarding the Sister Mary Alice Murphy Center for Hope.
12. First Reading of Ordinance No. 009, 2016, Declaring Certain City -Owned Property on Running
Deer Natural Area as Road Right -of -Way. (Adopted)
The purpose of this item is to declare a strip of property owned by the City as road right-of-way. The
right-of-way will be used for the construction of a new Boxelder bridge, stormwater improvements,
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January 5, 2016
and in the future for the ultimate 4-lane configuration of East Prospect Road. The City owns parcels
of property located at the southwest corner of East Prospect Road and Southwest Frontage Road.
The parcels are part of Running Deer Natural Area. The City of Fort Collins Utilities and .Engineering
Departments are working in tandem on two stormwater improvement projects in the area that are
intended to eliminate the overtopping of Prospect Road during large flood events in Boxelder Creek
and to facilitate the eventual widening of Prospect Road to the ultimate 4-lane configuration.
Construction on the stormwater and Boxelder bridge improvements are anticipated to begin in spring
2016 and will be completed late summer 2016. This Ordinance officially establishes the portion
needed for Prospect Road on the City's property as public road right-of-way.
13. Resolution 2016-001 Adopting the City Fort Collins General Employees' Retirement Plan as
Amended and Restated Effective January 1, 2016. (Adopted)
The purpose of this item is to consolidate two amendments, one made in October 2012 and the other
in February 2013, to the 2012 Restated General Employees' Retirement Plan (the Plan) into a_ newly
restated Plan, effective January 1, 2016.
14. Resolution 2016-002 Making Appointments to Various Boards, Commissions and Authorities
of the City of Fort Collins. (Adopted) ,
The purpose of this item is to appoint individuals to fill vacancies that currently exist on various
boards, commissions, and authorities due to resignations of board members and vacancies to be
created upon the expiration of terms of current members. Applications were solicited during
September and October. Council teams interviewed applicants in December. This Resolution
appoints individuals to fill current vacancies and expiring terms.
This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies
will be advertised as needed.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff commended staff work 'regarding Item No., 10, Items Relating to
Revisions, of Certain Detention and Development Policies in the. Fort Collins Stormwater
Criteria Manual, and asked if it would be -possible to quantify the anticipated benefits of the
changes with respect to stormwater quality, and quantity prior to Second Reading and to, develop
a timeline to determine when the City's vision regarding stormwater quality can be realized. Jon
Haukaas, Water Engineering and Field Services Operations Manager, replied quantification can
be assembled prior to Second Reading.. Some of the timeline issue is related to development.
New development is meeting the City's, vision. .
Councilmember Cunniff discussed his general question regarding when Codes will be written in
a way that would make certain. that 100% vision is achieved.
Councilmember Campana commended staff work regarding Item No. 10, Items Relating to
Revisions of Certain Detention and Development Policies in the Fort Collins Stormwater
Criteria Manual, stating it is yet another example of leadership by Fort Collins:
Mayor Pro Tem Horak supported Item No. 7, First Reading of Ordinance No. 002, 2016,
Appropriating Unanticipated Grant Revenue from the Congestion Mitigation and Air Quality
Grant for *the Extension of FLEX Regional Route. Service and Authorizing Execution of
Implementing Intergovernmental Agreements by the City Manager.
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January 5, 2016
• DISCUSSION ITEMS
15. First Reading of Ordinance No. 010, 2016, Amending Section 15-620 of the Code of the City of
Fort Collins Relating to Retail Marijuana Establishments' Hours of Operation. (Adopted on
First Reading)
The purpose of this item is to change the allowable operating hours of retail marijuana businesses
from 8:00 a.m. to 7:00 p.m. to 8:00 a.m. to 8:00 p.m.
Ginny Sawyer, City Manager's Office, stated this amendment changes operating hours for retail
marijuana establishments from 8AM-7PM to 8AM-8PM in order to maintain consistency with
the County and due to requests from local businesses. Twelve marijuana businesses in town hold
a total of 43 licenses. She discussed various unresolved issues which include caregiver grows
and stated a BFO offer will be written to look at examining the current status and the impacts of
marijuana on the community.
Mayor Troxell stated Police Services has provided data with regard to increases in underage
possession and drinking. The BFO offer will include research on community impacts.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 010, 2016, on First Reading.
RESULT:
ORDINANCE NO. 010, 2016, ADOPTED ON FIRST READING [6 TO 11
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
NAYS:
Martinez
16.
Fort Collins Regarding Landmark Preservation. (Postponed to January 19, 2016)
The purpose of this item is to present to Council; proposed changes to the landmark designation
procedure set forth in Article Il, Chapter 14, of the 'City Code to: make the landmark designation
process more efficient in cases where a property owner does not consent.
RESULT: ORDINANCE NO. 011, 2016, POSTPONED;TO January 19, 2016 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
Mayor Pro Tem Horak noted the next Council meeting will involve the consideration of the Coy
Hoffman property silos. He requested a video of the interior of the silos given structural
integrity is at question.
Councilmember Overbeck commended the idea and suggested the inclusion of items for scale.
City Attorney Daggett stated staff has suggested the video not be narrated; however, if the video
can be shown during Council's hearing, it will give Council the opportunity to ask questions.
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January 5, 2016
Councilmember Cunniff discussed the extermination of the prairie dogs on the recycling center
site and asked, for future situations, how their existence could have been known further in
advance.
Councilmember Overbeck agreed with Councilmember Cunniff's comments and supported
examining non -lethal solutions for prairie dogs.
Mayor Pro Tern Horak stated a change in the prairie dog policy can be looked at as an
opportunity for Fort Collins to be a leader in research and education from the Natural Areas
perspective.
• ADJOURNMENT
Mayor Pro Tern Troxell made a motion, seconded by Councilmember Overbeck, to adjourn to
6:00 PM on Tuesday, January 12, 2016, to consider the appeal of the Planning and Zoning Board
approval of the Uncommon Project Development Plan 15-0013, and to consider such other
matters as may come before the Council. '
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
The meeting adjourned at 6:47 PM. ,
� ayor
ATTEST: �8 SEAL
City Clerk
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