HomeMy WebLinkAboutMINUTES-09/17/2019-RegularSeptember 17, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Cheryl Distaso, Fort Collins Community Action Network, expressed concern about the use of
permethrin, a known carcinogen, for mosquito control. She questioned whether there is any
research that spraying permethrin reduces the incidents of West Nile Virus and expressed concern
regarding the execution of spraying on September 8.
Rich Shannon requested the subject of improved Medicare for all be included in Council's
legislative policy agenda.
June Hyman Cisnoski, League of Women Voters of Larimer County, supported a national health
insurance plan financed by general taxes to provide universal healthcare. She discussed the City's
goals that related to universal healthcare and requested Council include the topic in its legislative
policy agenda.
Forrest Carlson expressed concern about the use of permethrin-based pesticides as well as
herbicide and pesticide spraying in general.
Howard Wasserman supported the Linden Street renovation project that maintains as many
diagonal parking spaces as possible.
Eric Sutherland requested Council pledge to ensure none of the tax revenues coming from a
proposed School District tax increase would be diverted to the Downtown Development Authority
or Urban Renewal Authority.
Reverend Andrew Boesenecker requested the subject of universal healthcare be included in
Council's legislative policy agenda.
Jamie Stein expressed concern about the use of permethrin for mosquito control. She stated there
are better alternatives.
Nadia Hare expressed concern about the removal of parking as part of the Linden Street
redevelopment.
Liz Tufte expressed concern about the use of permethrin for mosquito control.
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Vicky McLane, Larimer Alliance, urged Council to reinstate the City's moratorium on oil and gas
development.
Janice Lynne expressed concern about the negative health effects of ozone resulting from oil and
gas development in the area. She urged Council to revisit the City's moratorium on oil and gas
development.
Debbie Bjork urged Council to reinstate the City's moratorium on oil and gas development.
Susan Wilmer expressed concern about the removal of parking as part of the Linden Street
redevelopment. She supported the plan which will maintain the most diagonal parking spaces.
Wally VanSickle supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
George Grossman supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Cynthia Scarpa requested the animal noise ordinance be updated to put parameters around the
terms "excessive, continuous, and untimely" and requested consistency in how complaints are
handled by animal control.
Shirley White opposed allowing fracking in the city.
Myles Crane, Senior Advisory Board, announced an event called Intergenerational Conversations
at the Senior Center.
Marta Acree supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Nicky (no last name given) expressed concern about the use of permethrin for mosquito control.
Linda Roth supported the Linden Street redevelopment plan which will maintain the most diagonal
parking spaces.
Viv (no last name given) read a letter from a student regarding the lack of education about climate
change in schools. She expressed concern about the use of permethrin for mosquito control.
Janelle Williams supported the Linden Street redevelopment plan which will maintain the most
diagonal parking spaces.
Jarrel Klaver expressed concern about the Linden Street redevelopment project.
Virginia McAulife stated an alternative to make no changes to Linden Street was not presented
and stated she would support the option preserving the most parking.
Hugh Kapong expressed concern about the use of permethrin for mosquito control.
Susan McFadden requested Council use its leadership to protect future generations from the
harmful effects of climate change. She requested Council support PICA's metro district policy
framework.
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Ted Walkup, Poudre Canyon Group of the Sierra Club, requested Council mandate greater energy
efficiency and more affordable housing in metro districts.
Nick Francis, Partners in Climate Action, PICA, questioned why staff has yet to meet with
representatives from his organization regarding the co -creation of metro district policy.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff requested an update as to when Council will be addressing the mosquito
spraying issue. City Manager Atteberry replied the conversation should begin in the winter and
be completed in mid -spring. Mike Calhoon, Director of Parks, replied a conversation with the
technical advisory committee will occur at the end of the year and a discussion around what was
learned from this season will occur resulting in recommendations to Council in the spring.
Mayor Pro Tern Stephens thanked the speakers and noted most discussed topics are on upcoming
agendas. She stated Council may consider adding healthcare to its legislative policy agenda at
some point.
Councilmember Pignataro thanked the speakers and requested assurance that the public will be
made aware of mosquito spraying discussions over the winter. She stated she would consider
bringing up Medicare for all under Other Business as it does touch on four City priorities. She
questioned why the PICA representatives have yet to be granted a meeting with City staff. City
Manager Atteberry replied he will look into the issue and inform Council.
Councilmember Gorgol requested an overview of the communication between PICA
representatives and City staff. City Manager Atteberry replied he would return with information
quickly.
Councilmember Gutowsky thanked the small business owners who expressed concern about losing
parking on Linden Street. She stated she would like to revisit the topic under Other Business.
Councilmember Cunniff noted the Legislative Policy Committee could also opt to consider the
inclusion of universal healthcare on its agenda.
City Manager Atteberry stated conversations have occurred with Linden Street area businesses and
more are planned, including an open house on September 30. An administrative recommendation
will be coming in the first couple weeks of October and following that, Council will have the
opportunity to weigh in.
• CONSENT CALENDAR
Councilmember Summers withdrew Item No. 4, Second Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, from
the Consent Agenda.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt and
approve all items not withdrawn from the Consent Agenda.
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RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, ,Gutowsky, Summers, Stephens, Troxell, Cunniff
Consideration and Approval of the Minutes Qf the August 20, 2019 Reaular Council Meeting
and the August 27, 2019 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 20, 2019 Regular Council Meeting
and the August 27, 2019 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, moves $51,275
accumulated during 2018 in the Waste Innovation Fund account into the City's General Fund account
for approved projects to develop new organizational processes that enable departments to divert more
waste material from landfill disposal. ,
3. Second Reading of Ordinance No. 110 2019, Increasing the Current Loan Fund Available for
the Epic Loan Program and Appropriating Funds for the Program from Reserves in the Light
and Power Fund. (Adopted) T
This Ordinance, unanimously adopted on First Reading on September 3, 2019 increases from $1.6
million to $2,488,350 the revolving loan fund available in the Utilities' Light and Flower Fund to provide
loans to Utilities' customers under the Epic Loan Program (Program) and to appropriate these funds
for the Program. This increase in the loan fund is the result of the City recently receiving for the
Program a grant of $200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg
Philanthropies. The Program, formerly known as the On -Bill Utility Financing Program, provides low-
cost financing to Utilities' customers for energy efficiency, water efficiency, and renewable energy
improvements.
The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City's Electric Utility Enterprise from third -party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
on Second Reading at this September 17 meeting), and (iii) up to a $1.5 million loan from either the
Colorado Clean Energy Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise
Borrowings are approved by the Enterprise Board, the revolving loan fund for the Program will be
increased under the Ordinance to $7,488,350.
4. First Readina of Ordinance No. 112. 2019. Avorooriatina Prior Year Reserves in the Data and
Communications ]Fund for Implementation of Electronic Plan Review. (Adopted)
The purpose of this item is to appropriate funds from the reserves of the Data and Communications
Fund for implementation of electronic plan review as part of the building permit process.
5. First Reading of Ordinance No. 113, 2019, Amending the City of Fort Collins District -Precinct
Map to Reflect Chanaes in County Precinct Boundaries and Waivina the Redistrictina
Requirement of Section 7-87(d) of the City Code. (Adopted)
The purpose of this item is to align City precinct boundaries with County precinct boundaries as
required by Section 7-66 of the City Code. None of the divided precincts affect Council district
boundaries.
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6. First Reading of Ordinance No. 114,2019, Vacating Portions of Rights -of -Way Dedicated on the
Waterfield Third Filing Plat. (Adopted)
The purpose of this item is to vacate various rights -of -way dedicated on the Waterfield Third Filing plat
that are no longer necessary or desirable to retain for roadway purposes. The rights -of -way vacation
includes various public road rights -of -way within the Waterfield development. The property is being
sold to a new developer who is proposing a revised project layout. The existing on -site road rights -of -
way need to be vacated prior to recording the new plat. The vacation will not impact any existing
rights -of -way of adjacent public streets (North Timberline Road, East Vine Drive, East Suniga Road,
Merganser Drive (south of Suniga Road), Turnberry Road or Conifer Street). The property is currently
proposed to be replatted as Waterfield Fourth Filing.
• STAFF REPORTS
A. Long -Term Homelessness Entries and Exits (staff: Beth Sowder)
Beth Sowder, Social Sustainability Director, discussed the City's priority on making homelessness
rare, short-lived, and non -recurring. She discussed the metric which is related to long-term
homelessness, or homelessness of six months or longer. The City's goal is to have more exits than
entries into long-term homelessness per quarter. Sowder detailed the homelessness initiatives in
the community and noted a new supportive housing complex, Mason Place, will begin construction
this month and Council will receive an update from Homeward 2020 in February.
Mayor Pro Tern Stephens commended the presentation and data collection efforts. She requested
information on the Myrtle Street single -occupancy project. Sowder replied there are 15 single -
room units in a converted home and it is specifically for people exiting incarceration.
Mayor Pro Tem Stephens thanked David Ruth, Homeward Alliance and Murphy Center Executive
Director, for his work in the community and asked about the success of the evening hour programs
at the Murphy Center. Mr. Ruth replied 725 people were served during evening hours last year
from December through April 30. Evening hours will begin in November this year. He discussed
the positive impact of the evening hours on the community.
Mayor Pro Tern Stephens asked if there are statistics available regarding where individuals exiting
homelessness went. Mr. Ruth replied approximately one-third moved out of Fort Collins and the
vast majority of those who received housing in Fort Collins did so through Housing Catalyst or
another affordable housing program.
Councilmember Summers asked about the growth in active long-term homelessness from the
second quarter of 2018 through the second quarter of 2019. Mr. Ruth replied the main reason is
better data collection. Entry and exit numbers are more significant.
Councilmember Summers asked about the criteria that determines the success of Redtail Ponds.
Sowder replied the project has been award -winning and there is a low level of turnover and a great
deal of support. She could provide additional details from Housing Catalyst at another time.
Mayor Pro Tern Stephens discussed the success of Redtail Ponds.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on a visit to Harmony Cottages celebrating Poudre High
School building its fourth home for Habitat for Humanity.
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Councilmember Pignataro reported on the Election Code Committee and Futures Committee
meetings and on the La Familia fundraiser.
Mayor Pro Tern Stephens reported on the North Front Range Metropolitan Planning Organization
and I-25 coalition meetings. She stated the area has recently been downgraded to a serious non -
attainment area for ozone.
Mayor Troxell reported on a Rotary Club breakfast with three former mayors and a Boys and Girls
CIub fundraiser.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
7. Second_ Reading of Ordinance No. 111.2019. Amending Section 17-142 of the Code of the Citv
of Fort Collins Regarding Public Nudity. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 3, 2019, amends the public
nudity City Code provisions to make them consistent with the permanent injunction issued by the
United States District Court and agreed to by the City.
In response to Council questions during First Reading about the definition of `public place" in Section
17-142(a)(3), staff has made changes to the Ordinance on Second Reading to clarify the exception for
protected activities, to ensure it is clear and includes those activities that would be protected, and to
move the exception into Section 17 142(b) with the other exceptions to the prohibition on public nudity.
The Ordinance was published on the City website on Tuesday, September 10.
Councilmember Summers stated he pulled the item in order to discuss possible pending Supreme
Court action.
Wes Moore stated he does not believe allowing public nudity is beneficial for the community and
stated the proposed changes could potentially cause a more expensive legal battle than would
moving forward with a possible Supreme Court case.
David Pierce opposed Council's adoption of the Ordinance on First Reading and requested Council
oppose it on Second Reading.
Ray Martinez stated there is a likely chance the Supreme Court will hear this type of case, which
is being brought forth by New Hampshire, and questioned the rush to pass an Ordinance that is
redundant of the court -issued injunction.
Rich Stave opposed treating individuals differently and stated this has nothing to do with
pornography. He stated personal liberty should not be governed.
Councilmember Summers discussed how the Supreme Court selects cases and stated there is a
very good chance it would take up this issue. There is no need to rush to adopt this Ordinance on
Second Reading.
Mayor Troxell requested details regarding the New Hampshire case. City Attorney Daggett
replied a town in New Hampshire had a law similar to the toplessness provision currently on the
books in Fort Collins. The town was sued by the same organization as was Fort Collins; however,
the town succeeded in court and the toplessness advocates are seeking Supreme Court review in
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the case. There is less likelihood the Supreme Court would take the case as it is not necessarily in
conflict with much of the other case law that has been decided on the issue.
City Attorney Daggett noted Fort Collins' time for seeking Supreme Court review has passed and,
pursuant to Council direction in May, the City moved forward to negotiate a settlement with the
plaintiffs in the case and a permanent injunction keeping the City from enforcing this part of the
Code has been issued. If there were to be action at the Supreme Court level that would modify the
state of the law on the issue, the City would have the opportunity to reopen the issue. There are
also practical benefits to removing unenforceable language from the Code.
Councilmember Summers asked when the Supreme Court would need to accept the New
Hampshire case. City Attorney Daggett replied it would be difficult to peg a date; therefore, should
Council not wish to adopt the Ordinance on Second Reading, she recommended it be postponed
indefinitely.
Councilmember Gutowsky stated she would favor a postponement.
Councilmember Summers made a motion, seconded by Councilmember Gutowsky, to postpone
consideration of Ordinance No. 111, 2019, indefinitely.
Councilmember Cunniff stated he would not support the motion as it causes enforcement
confusion to have unenforceable laws on the books. Existing state law covers his concerns.
Mayor Pro Tern Stephens agreed and stated she would not support the motion.
Mayor Troxell stated he would support the motion citing the fact this lawsuit was brought forth by
non -community members.
Councilmember Gutowsky stated the Ordinance on the books reflects the city's values and it is
worth holding onto and waiting to see if another legal process will allow its reinstatement.
The vote on the motion was as follows: Yeas: Troxell, Gutowsky and Summers. Nays: Stephens,
Gorgol, Pignataro and Cunniff.
THE MOTION FAILED.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 111, 2019, on Second Reading.
Mayor Troxell stated he would support the motion given its unanimous vote on First Reading.
Councilmember Summers stated equal treatment is a matter of sociology, not biology and he will
therefore oppose the motion.
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RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ORDINANCE NO. 111, 2019 ADOPTED ON SECOND READING'[5 TO 2]
Kristin Stephens, District 4
Emily Gorgol, District 6
Pignataro, Gorgol, Stephens, Troxell, Cunniff
Gutowsky, Summers
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
8. Resolution 2019-092 Approving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Defeated)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the "Service Plan"). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to -be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed -use center
that will offer light commercial use on the first floor, residential for -rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
for -sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council's Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
The public hearing for this Service Plan was previously noticed in accordance with Council's Metro
District Policy to be conducted at Council's August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council's Rules of Procedure, to continue this matter to
the Council's next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee -title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
At its September 3, 2019 meeting, the Council adopted a motion to again continue the hearing,
rescheduling the hearing for this September 17, 2019 meeting.
Mayor Troxell outlined the process for the hearing.
Jason Sherrill, Landmark Homes, introduced himself as the applicant representative and
introduced members of his group.
Mayor Troxell requested individuals come forward with procedural issues.
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