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HomeMy WebLinkAboutMINUTES-06/05/2018-RegularJune 5, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: -Troxell Staff: Mihelich, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER Deputy City Manager Mihelich stated Item No. 11, Items Relating to the East Gateway Annexation, has been moved to discussion Item No. 17, and staff is recommending indefinite postponement of that item. Item No. 12, First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map, has been withdrawn from the agenda and Item No. 16, Resolution 2018-060, Rescinding Resolution 2018-041 and Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation, has been added to the agenda. Deputy City Manager Mihelich also briefly discussed Item No. 8, First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions, as a good news item which will allow Code Enforcement officers to immediately write tickets for chronic offenders. 0 CITIZEN PARTICIPATION Deirdre Sullivan, La Familia Executive Director, thanked Council for CDBG appropriations and expressed appreciation for the CDBG Commission. Steve Kuehneman, CARE Housing Executive Director, thanked Council for CDBG appropriations and expressed appreciation for the CDBG Commission. Bill Miller, Fort Collins Audubon Society, expressed support for Item No. 13, Resolution 2018- 058 Designating City -Owned Properties Along the Cache la Poudre River as an Important Bird Area. Jeremy (no last name given) thanked Councilmembers Stephens, Overbeck, and Horak for supporting joining the amicus brief in the Martinez case. He discussed derogatory comments he stated were made by Councilmember Summers and urged Council to ban herbicide and pesticide use. Fulvia Serra, Homeless Gear Development Associate, thanked Council, the Social Sustainability Department, and the CDBG Commission for CDBG appropriations. Kaitlyn Young urged Council to ban the use of neonicotinoids in natural areas and in Fort Collins. She suggested implementing bat boxes for mosquito control; City of Fort Collins Page 275 June 5, 2018 Jim Becker, Partnership for Age Friendly Communities Director, thanked Council, Social Sustainability staff, and the CDBG Commission for CDBG appropriations. Nicholas Mouton requested an update regarding the lockers at the Mennonite Church and questioned why the process has taken so long. Jason Morgan, A Little Help Larimer County Director, thanked Council for CDBG appropriations. Kristin Candella, Habitat for Humanity Director, thanked Council, Social Sustainability staff, and the CDBG Commission for CDBG-appropriations. Jim Villalobos, Colorado Health Network, thanked Council for.CDBG appropriations. Anne Lance, Teaching Tree Executive Director, thanked Council for CDBG appropriations. Courtney Carrick, Sexual Assault Victim. Advocate Center, thanked Council and Social Sustainability staff for CDBG appropriations. Lauren Whynott, Respite Care Development Director, thanked Council for its funding support. Donna Holmes, Crossroads Safehouse, thanked Council for its support and funding. Mike Sollenberger, DMA Plaza Board President, expressed appreciation for CDBG funding. Kari Clark, Crossroads Safehouse, thanked Council. and the CDBG Commission for CDBG appropriations. Cathy Kipp, Poudre School District Board of Education, discussed Initiative 93, which will help increase education funding in Colorado. She requested Council support the Initiative and its placement on the ballot. Joan LaBelle, Disabled Resources Services Executive Director, thanked Council for funding support. Terry Francl stated prairie dogs are overtaking a portion of the Fossil Creek Natural Area adjacent to houses. , John Dellenbach expressed concern regarding prairie dogs coming into private property near the Fossil Creek Natural Area. Eric Sutherland stated there was no information related to authorizing debt for the broadband utility in the minutes of the April 3, 2018 Council meeting. He stated that information was included in the Electric Utility Enterprise Board meeting minutes and discussed the City Charter regulation that all actions of Council shall be adopted at a regular City Council meeting. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tern Horak summarized the citizen comments. City of Fort Collins Page 276 June 5, 2018 City Attorney Daggett stated staff is aware of Mr. Sutherland's disagreement with the process used to adopt the broadband bond ordinance; however, it is the opinion of bond counsel that it was properly adopted. She noted Mr. Sutherland has filed a lawsuit in Larimer County District Court and Council will be receiving updates regarding that litigation. f Deputy City Manager Mihelich stated he will work with Natural Areas staff to investigate the prairie dog situation and will report back. He stated he will host a stakeholder meeting as well. Councilmember Cunniff stated he has met with citizens who are concerned about prairie dog eradication and suggested relocation is a good compromise; however, staff has yet to provide a good plan for finding appropriate property. Deputy City Manager Mihelich replied he will include that information in the report. Councilmember Summers asked about the policy for maintaining a 300-foot buffer from homes near natural areas. Deputy City Manager Mihelich replied that is a management policy to be implemented by staff and prairie dog colonies are examined annually to ensure they are not straying into that area. Councilmember Stephens thanked the non-profit representatives who spoke and expressed appreciation for the organizations. She also thanked the members of the CDBG Commission for their work on appropriation recommendations. Councilmember Cunniff asked if the Legislative Review Committee has taken a position on Initiative 93. Deputy City Manager Mihelich replied he will provide Council with an update. 0 CONSENT CALENDAR Mayor Pro Tern Horak opened the public hearings for Item No. 7, Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program; the City's Affordable Housing Fund (AHF), and the City's Human Services Program (HSP), No. 9, Items Relating to the Aweida Annexation, and No. 10, Items Relating to Zoning the Aweida Annexation. Kaitlyn Young withdrew Item No. 8, First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions, from the Consent Agenda. Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers,, Overbeck, Cunniff, Horak ABSENT: Troxell City of Fort Collins Page 277 June 5, 2018 Consideration and Approval of the Minutes of the Mav 1 and Mav 15, 2018 Regular Council Meetings and the May 8, 2018 Adjourned Council Meeting. (Adopted) The purpose of this item is to,approve the minutes from the May 1 and May 15, 2018 Regular Council meetings and the May 8, 2018 Adjourned Council meeting. 2. Second Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, adopts a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 3. Second Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six -Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Protects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, renews the current Line of Credit (LOC) established in 2012 by the City on behalf of the�Downtown Development Authority (DDA), .which is scheduled to expire at the end of 2018. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to.renew the Line of Credit with First National Bank for a six -year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. The Ordinance has been amended between first and second reading to make the Ordinance recitals correspond to those in Resolution.2018-046. 4. Second Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, authorizes an affordable housing fee waiver request for Oakridge Crossing and a refund of waived fees already paid. Oakridge Crossing, LLLP has.requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for'the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. 5. Second Reading of Ordinance No. 068, 2018, Designating the McMillen -Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on May 15, 2018, designates the McMillen - Patterson Property, 121 North Grant Avenue, as a Fort Collins Landmark. The owner of the property, Susan Hoskinson, is requesting the designation. City of Fort Collins Page 278 June 5, 2018 6. First Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light and Power Fund for the Light and Power New Circuits Proiect. (Adopted) 7. The purpose of this item is to appropriate funds from Light & Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area ($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous $1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the Light & Power Reserves. n Housing Fund (AHF), and the City's Human Services Program (HSP). A. Public Hearing and Resolution 2018-054 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, the City's Affordable Housing Fund, and the City's Human Services Program. B. Public Hearing and First Reading of Ordinance No: 070, 2018, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. r The purpose of this item is to approve funding recommendations of the 2018 Spring Cycle of the Competitive Process and appropriate federal dollars. Resolution 2018-054 will complete the 2018 Spring Cycle of the Competitive Process for allocating $5,205,993 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. Ordinance No. 070, 2018 appropriates the City's FY2018 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the City's FY2018 HOME Participating Jurisdiction Grant from the Department of. Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. 8. Items Relating to the Aweida Annexation. (Adopted) A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 9. Items Relating to Zoning the Aweida Annexation. (Adopted) A. Resolution 2018-056 Amending the City's Structure Plan Map. This Ordinance is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. City of Fort Collins Page 279 June 5, 2018 0 B. Public Hearing and First Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. The purpose of this item is to zone the property included in the Aweida Annexation into the Low Density Mixed -Use Neighborhood zone district. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida Annexation to be zoned L-M-N. 10. First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Withdrawn) THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (1) zone districts. 11. Resolution 2018-058 Designating City -Owned Properties Along the Cache la Poudre River as an Important Bird Area. (Adopted) I ' The purpose of.this item is to designate City -owned properties within the Growth Management Area that adjoin the Cache la Poudre River as an Important Bird Area (IBA). An IBA is defined by the National Audubon Society as a site that provides essential habitat to one or more species of birds during some portion of the year. This designation conveys no legal authority over land ownership or its uses and management. This designation would support City educational initiatives aimed at increasing awareness and enjoyment of Poudre River bird habitat. It may also prove useful when seeking additional funding (i.e., grant applications) for habitat restoration projects. 12. Resolution 2018-059 Appointing Christine Pardee to the Planning and Zoning Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Christine Pardee to fill a vacancy on the Planning and Zoning Board due to the resignation of Emily Heinz, whose term was set to expire on December 31, 2021. In December 2017, Mayor Troxell, and Councilmember Ray Martinez interviewed applicants solicited in the fall of 2017, and identified Ms. Pardee as an alternate if a vacancy arose during the year. • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff expressed appreciation for Item No. 13, Resolution 2018-058 Designating City -Owned Properties Along the Cache la Poudre River as an Important Bird Area. Councilmember Overbeck . expressed .appreciation for Item No. 13, Resolution 2018-058 Designating City -Owned Properties' Along the Cache la Poudre River as an Important Bird Area, and thanked Bill Miller and the Audubon Society for their work. Councilmember Stephens commented on Item No. 7, Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community City of Fort Collins Page 280 June 5, 2018 Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City's Affordable Housing Fund (AHF), and the City's Human Services Program (HSP), and thanked the CDBG Commission members, Affordable Housing Board members, and community non -profits for their work. Mayor Pro Tem Horak commended staff and the CDBG Commission members for their work on the competitive process appropriation allocations. • STAFF REPORTS Tim Kemp, Capital Construction, Projects Manager, discussed the Horsetooth and College intersection improvements and benefits. He stated nearly half of the project funding is from two federal grants. He detailed the project phasing and construction schedule. Councilmember Martinez asked what media sources are being used to update the public on this topic. Kemp replied Facebook, Twitter, Nextdoor, Spotlight on fcgov.com, e-newsletters, mailers, and message boards have been used. He stated he would follow-up with the Communication Public Involvement Office regarding the frequency of the placement of these items on Nextdoor. Councilmember Overbeck asked how area businesses have been informed of the improvements. Kemp replied the immediate intersection businesses have been aware of the improvements for some time as right-of-way purchases and temporary easements have been necessary. Local businesses have received an informational poster and additional temporary signage is allowed during construction. Councilmember Cunniff asked if northbound Mason will have two left-hand turn lanes onto Horsetooth. Kemp replied in the affirmative. Councilmember Cunniff asked if there is an impact on left turns from southbound Mason into the northern driveway of the large parking lot. Kemp replied there will be no changes to that drive. • COUNCILMEMBER REPORTS Councilmember Stephens reported on the Small Business of the Year breakfast sponsored by the Chamber of Commerce and the Islamic Center Ramadan fast -breaking ceremony. Councilmember Martinez reported on the recent Open Streets event. Mayor Pro Tem Horak reported North I-25 did not received a recent federal grant but is working on an application for a new grant. He stated Platte River Power Authority had a groundbreaking ceremony for a new building at its current site, noting it will be LEED certified. He stated the PRPA Board would like to consider a resolution on its July agenda relating to a 100% renewable energy goal. He reported on the Campus Connections session with Code Compliance and Mediation staff and the Parks and Recreation meeting on the City Park refresh. He noted some citizens were concerned about a change in character for the park. City of Fort Cotlins Page 281 June 5, 2018 • DISCUSSION ITEMS 13. First Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of Fort Collins to Amend Requirements and Procedures for City Elections. (Adopted on First Reading) The purpose of this item is to amend the Election Code to clarify that expenditures for political advertising includes internet advertising; amend deadlines for write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code language to align with the Uniform Overseas, Citizens Absentee Voting Act (UOCAVA). The Code amendments will also require candidates and committees to keep samples of public communications and revise the definition for independent expenditures. City Clerk Coldiron stated the Election Code Committee has been meeting monthly and summarized the Code change recommendations. Changes address the value of campaign ads on websites, deadline additions and changes, the Uniform Overseas Citizens Absentee Voting Act, and campaign materials and independent expenditures. Additional items still being considered by the Committee include "paid for by"- statements on advertisements and. redistricting. Marge Norskog supported the Election Code changes to maintain election integrity. She requested Council encourage the Election Code Committee to include additional changes prior to the 2019 election: requiring "paid for by" statements on public communications and expanding the City Clerk's duties to clarify what action is expected of the Clerk to. fulfill the responsibility to assess if a report should be deemed incomplete or -inconsistent. Robbie Moreland thanked Council and the Election Code Committee for being responsive to concerns for more election transparency. She requested Council consider adding a requirement that the City Clerk's Office be included on campaign or committee mailing lists so the City Clerk can assure immediate compliance with the Code. She also encouraged requiring "paid for by" statements, instituting specific consequences for violations of the Election Code to include late, incorrect, or misleading committee financial reports, and auditing each committee report as it is submitted. She suggested a trained citizen board could be commissioned to conduct said audit. Jodie Deschane thanked the Election Code Committee for its progress and encouraged additional changes to ensure the future integrity of elections and elected officials. Councilmember Stephens thanked theicitizens who spoke and stated the proposed changes will add transparency to the election process. She encouraged Council to adopt the amendments and requested the City Attorney address the "paid for by" statements. City Attorney Daggett replied options are being analyzed and staff is planning to provide a proposal for the Committee at its July meeting. Councilmember Stephens stated the Committee may look at a budget offer for analyzing reports by the City Clerk's Office. Deputy City Manager Mihelich confirmed a -budget offer is being prepared. Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 077, 2018, on First Reading. Councilmember Overbeck expressed appreciation for the involved citizens. Councilmember Cunniff thanked the citizens and staff for their diligence. City of Fort Collins Page 282 J June 5, 2018 Councilmember Martinez thanked the citizens and commended the Election Code Committee. Councilmember Stephens thanked staff for their work and accommodation of overseas voters. Mayor Pro Tern Horak thanked all involved parties. RESULT: ORDINANCE NO. 077, 2018, ADOPTED ON FIRST READING [UNANIMOUS) MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 14. Resolution 2018-060 Rescinding Resolution 2018-041 and'Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. (Adopted) . On May 1, 2018, Council adopted Resolution 2018-041 initiating annexation proceedings for the East Gateway Annexation and scheduling a hearing date of June 5, 2018 for the proposed annexation. It has subsequently been determined that certain notices required by the Municipal Annexation Act were inadvertently not given as required. The statutory time periods for required published and mailed notices of the proposed annexation are such that the annexation process must be re -initiated to allow these notices to be given in advance of a rescheduled hearing on July 17, 2018. The purpose of this item is to rescind Resolution 2018-041 and re -initiate annexation proceedings for the East Gateway Annexation, containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of land that consist of railroad -owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular -shaped parcel owned by the Colorado Department of Transportation. The requested zoning for this annexation is a combination of General Commercial (C-G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and commercial land uses. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. City Attorney Daggett provided an overview of the item stating some required notices were not sent; therefore, in order to allow for that to occur, this Resolution restarts the process and a new hearing will occur in July. Councilmember Overbeck made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-060. Councilmember Cunniff stated he would like discussions regarding an IGA for transition expenses to occur with the County. J City of Fort Collins Page 283 June 5, 2018 RESULT: RESOLUTION 2018-060 ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 15. Items Relating to the East Gateway Annexation. (Postponed Indefinitely) Staff requests the Resolution and Ordinance be postponed indefinitely due to a failure to provide notice as required in the Municipal Annexation Act. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately % mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. Councilmember Overbeck made a motion, seconded by Councilmember Summers, to postpone consideration of Ordinance No. 075, 2018 indefinitely. RESULT: ORDINANCE NO. 075, 2018, POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell Councilmember Overbeck made a motion, seconded by Councilmember Summers, to postpone consideration. of Resolution 2018-057 indefinitely. RESULT: RESOLUTION 2018-057 POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS 16. First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions. (Adopted on First Reading) The purpose of this item is to remove the notification requirement for violations of Chapter 19 of the City Code to allow Code Compliance Inspectors the flexibility to issue immediate citations for all properties, including some identified and sustained egregious or chronic offenders of the nuisance code. City of Fort Collins Page 284 June 5; 2018 Kaitlyn Young questioned whether the City is consistent with the Supreme Court's directives for the applicability of the Colorado rules for Municipal Court procedures and whether the City has the authority to design and implement its own penal system under home rule. She asked why the rules of civil procedure are not being used for civil infractions. City Attorney, Daggett stated the rules of civil procedure do not apply to civil infractions, which are enforcement matters handled in accordance with City Code provisions. She stated she could provide additional information prior to Second Reading. Councilmember Cunniff asked if the City can set its own penalties under home rule. City Attorney Daggett replied these issues were reviewed when Council `adopted the ordinance that initially adopted the existing civil infraction process and she does not believe there is an issue with the City's authority to do these types of procedures. ' Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 072, 2018, on First Reading. Mayor Pro Tern Horak discussed the favorable citizen comments made at the Code Compliance meeting. Councilmember Summers noted this would address chronic offenses. Deputy City Manager Mihelich stated staff is using a one-year calendar for addressing violations. City Attorney Daggett noted enforcement officers are granted latitude to evaluate circumstances. RESULT: ORDINANCE NO. 072, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell • OTHER BUSINESS Mayor Pro' Tem Horak suggested the Election Code Committee consider an orientation for candidates and committees to address processes and requirements. Councilmember Stephens stated that has not specifically been discussed but supported the idea. Councilmember Martinez reported a fallen utility pole on Timberline between Caribou and Harmony and asked that it be removed. • ADJOURNMENT Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to,adjourn'to 6:00 PM, Monday, June 11, 2018, for the purpose of,conducting mid -year performance reviews for the City Manager, City Attorney, and Municipal Judge, and for such other business as may come before the Council. , City of Fort Collins Page 285 June 5, 2018 RESULT: MOTION TO ADJOURN TO JUNE 11, 2018, ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell The meeting adjourned at 7:38 PM. SEAL ATTEST: cOlORP00 - J��A � - City Cle Q�p I tk Mayor , City of Fort Collins Page 286 0 v