HomeMy WebLinkAboutMINUTES-11/05/2019-RegularNovember 5, 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
Ken Christensen requested Council adopt City Park Master Plan 2 with scenario B for safety
improvements. He discussed the public process leading to the recommendation.
Eric Sutherland commented on Item No. 11, Resolution 2019-105 Expressing Support for
Legislation by the Colorado General Assembly Regarding Executive Sessions for Matters
Pertaining to Issues of Competition in Providing Local Telecommunications Facilities and
Services, stating its adoption illustrates a lack of knowledge about American government on the
part of the City. He claimed Council is being misinformed about legal matters.
Kevin Cross, Fort Collins Sustainability Group, stated the City ignores the emissions of fluorinated
gases when it reports communitywide greenhouse gas emissions are 14% below 2005 levels. He
urged the City to do everything it can to track and reduce the emission of fluorinated gases.
Kimberly Chambers thanked the City and Council for requiring respectful workplace training and
for its proclamations related to LGBTQIA issues. She requested the City provide some leadership
in providing space for LGBTQIA non-profit organizations.
Forrest Carlson discussed a circuit court case brought by homeless residents in Boise, Idaho. The
court ruled to overturn the City's camping ban in that case. He opposed the treatment of homeless
individuals in Fort Collins.
William Cutcher thanked Council and law enforcement for their work. He announced a run for
the U.S. House of Representatives for the 2"d District of Colorado.
William Montgomery stated he was wrongfully convicted of being in a park in 2015 when he was
actually on a sidewalk. He stated he is collecting signatures on a petition related to the issue.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted Item No. 11, Resolution 2019-105
Expressing Support for Legislation by the Colorado General Assembly Regarding Executive
Sessions for Matters Pertaining to Issues of Competition in Providing Local Telecommunications
Facilities and Services, ensures transparency related to Council emails.
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Councilmember Cunniff asked about Mr. Cross' comments related to fluorinated gases and
suggested their output could be tracked in current inventories or in a separate parallel inventory.
He asked if the City Manager would need direction from Council to do that. Jackie Kozak -Thiel,
Chief Sustainability Officer, replied the last direction received from Council was to ensure
transparent reporting of this data; fluorinated gases will be listed as a specific sector of industrial
emissions in the upcoming report though it will be presented separately from the general
community inventory.
Mayor Pro Tem Stephens requested additional background information about fluorinated gases.
Kozak -Thiel replied these gases are more potent than other greenhouse gases and are therefore
regulated at a federal and state level.
• CONSENT CALENDAR
An unidentified citizen withdrew Item No. 6, Items Relating to 2020 Utility Rates, from the
Consent Agenda.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Consideration and Approval of the Minutes of the October 1, 2019 Regular Council Meeting and
the October 8, 2019 Adiourned Council Meeting. (Adopted)
i3
The purpose of this item is to approve the minutes from the October 1, 2019 regular Council meeting
and the October 8, 2019 adjourned Council meeting.
Second Reading of Ordinance No. 121, 2019, Adopting the 2020 Budget and Appropriating the
Fort Collins Share of the 2020 Fiscal Year Operating and Capital Improvements Funds for the
Northern Colorado Regional Airport. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, adopts the 2020 budget
for the Northern Colorado Regional Airport and appropriate Fort Collins' share of the 2020 fiscal year
operating and capital funds for the Airport. The City's 50% share of the 2020 Airport operating budget
is $646,445 and 50% share of the 2020 capital budget is $740,500, for a total City appropriation of
$1,386,945.
2020. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, sets the 2020 Downtown
Development Authority (DDA) Budget.
The following amounts will be appropriated:
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DDA Public/Private Investments and Programs $3,918,409
DDA Operations & Maintenance $ 959,165
Revolving Line of Credit Draws $6,400,000
DDA Debt Service Fund $8,256,548
The Ordinance sets the 2020 mill levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2020.
4. Second Reading of Ordinance No. 123,2019, Making Appropriations and Authorizing Transfers
of Appropriations for the Sprinq Creek Sanitary Trunk Sewer Protect and Related Art In Public
Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, appropriates $656,500
from the Wastewater Fund cash reserves to replace of a section of sewer main that is at risk of
imminent failure. On July 14, 2019, a section of the Spring Creek Trunk Sewer, located between
Stover and Ukiah Lane, collapsed and needed an emergency repair on a 20-foot section of the
pipeline. Subsequent televising of the rest of the 500-foot section of pipeline has found that it is
structurally compromised and should be replaced. In addition, significant longitudinal cracks were
found in the 100-foot section of pipe just downstream. This section of pipe is the original 24-inch clay.
Staff is recommending lining this section of pipe at the same time. This appropriation will allow for
these sections of pipe to be replaced this winter rather than through the next budget cycle in 2021.
5. Second Reading of Ordinance No. 124 2019 Amending Chapter 26 of the Code of the City of
Fort Collins Related to Water Wastewater and Electric Rates Fees and Charges Applied Under
an Income -Qualified Assistance Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends Section 26-724
of City Code, Chapter 26, pertaining to Utility Services to provide inclusivity for low-income customers,
focusing on qualification criteria and program descriptions.
6. Second Reading of Ordinance No. 129, 2019, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2020; Amending the Budget for the
Fiscal Year Beginning January 1, 2020 and Ending December 31, 2020; and Fixing the Mill Levy
for Property Taxes Payable in 2020. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 15, 2019, amends the adopted
2020 Budget and sets the amount of $632,403,387 to be appropriated for fiscal year 2020. This
appropriated amount does not include what is also being appropriated by separate Council/Board of
Director actions to adopt the 2020 budgets for the General Improvement District (GID) No. 1 of
$352,000, the 2020 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority (URA)
2020 budget of $5,952,249 and the Downtown Development Authority 2020 budget of $19,534,122,
The sum of these ordinances results in City -related total appropriations of $658,242,758 in 2020. This
Ordinance also sets the 2020 City mill levy at 9.797 mills, unchanged since 1991.
7. Items Relating to the 2019 Fee Update. (Adopted)
A. First Reading of Ordinance No. 130, 2019, Amending Chapter 7.5 of the Code of the City of Fort
Collins to Implement the Phase III Increases for the Capital Expansion Fees and Increase for
Inflation the Capital Expansion Fees and the Transportation Expansion Fee.
B. First Reading of Ordinance No. 131, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Caltculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 132, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Sewer Plant Investment Fees.
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D. First Reading of Ordinance No. 133, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Stormwater Plant Investment Fees.
E. First Reading of Ordinance No. 134, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Plant Investment Fees.
F. First Reading of Ordinance No. 135, 2019, Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Water Supply Requirements Fee.
The purpose of this item is to review fee updates associated with Electric Capacity Fees, Water Supply
Requirement Fees, Wet Utility Plant Investment Fees (PIFs) and Step III of the 2017 Capital Expansion
Fees (CEFs). Fee updates have been reviewed by Council Finance Committee twice, and at the
November 8th Council Work Session Council was fully supportive of brining fees forward for Council
adoption. Staff met with nine organizations across the City in the summer of 2019 and overall
organizations were supportive of the approach and cadence.
Coordination of Council approved fees began in 2016 to provide a more holistic view of the total cost
impact. Previously, fee updates were presented to Council on an individual basis. After the 2019 fee
update, fee phasing will be complete with regular two and four-year cadence updates beginning in
2021.
2019 fee updates include: Electric Capacity Fees, Water Supply Requirement Fees, Wet (Water,
Wastewater and Stormwater) Utility Plant Investment Fees and Step III of the 2017 Capital Expansion
Fees.
Staff proposes the following fee changes:
• Wet Utility PIFs as proposed
• Electric Capacity Fees as proposed
• Water Supply Requirement Fee as proposed
• 100% of proposed 2017 Capital Expansion Fees (Step III)
• Transportation Capital Expansion Fees (inflation only)
Development Review/Building Fees were initially planned to be part of the 2019 update but have been
decoupled and will come forward once finalized.
8. First Reading of Ordinance No.136, 2019, Amendinq Chapter 26 of the Code of the City of Fort
Collins to Clarify the Application of Certain Water -Related Fees to Different Forms of Fraternity
and Sorority Housing. (Adopted)
The purpose of this item is to amend Chapter 26 of the City Code to clarify the application of certain
water -related fees to different forms of fraternity and sorority housing.
9, First Reading of Ordinance No. 137, 2019, Authorizing the City's Conveyance of Land to
Facilitate the Replatt€ng of the Lot on which the City's Foothills Activity Center is Located.
(Adopted)
This item approves the exchange of deeds between the City, the developer of the Foothills Mall (the
"Mall") and the owner of the Macy's store in the Mall. This exchange of deeds is needed to replat the
lot on which the City's Foothills Activity Center (the "FAC") is now located to eliminate small
encroachments that currently exist between the City's FAC lot and adjacent properties owned by the
Mall developer and Macy's. This replatting will remove these encroachments and ensure that the FAC,
as built, is located entirely and correctly within the City's replatted lot.
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10. Resolution 2019-105 Expressing Support for Legislation by the Colorado General Assembly
Regarding Executive Sessions and Electronic Communications Under the Colorado Open
Meetings Law. (Adopted)
The purpose of this item to consider a resolution requested by the City Council supporting potential
legislation by the General Assembly supporting potential legislation by the Colorado General Assembly
that confirms and expressly permits the City and other cities, town, or municipalities to hold executive
sessions to consider matters pertaining to issues of competition in providing telecommunications
facilities and services. These matters could include negotiations, strategic planning, pricing, sales and
marketing, development phasing in addition to any other matter allowed under the Colorado Open
Meetings Law or the Colorado Open Records Act. The Resolution also supports potential legislation
clarifying the extent to which use of electronic mail by elected officials to discuss pending legislation
or other public business among themselves is considered a "meeting" under that Law so that elected
officials can effectively use this now common -place communication technology within appropriate
transparency requirements and other reasonable limitations.
• END CONSENT
• STAFF REPORTS
A. Staff Report: Fort Collins Utilities Smart Energy Provider Designation (Staff: John Phelan)
John Phelan, Energy Services Senior Manager, discussed Fort Collins' official designation as a
Smart Energy Provider by the American Public Power Association. The designation supports the
City's strategic alignment regarding climate and high performing government goals. Fort Collins
was one of 60 utilities that received the inaugural designation this year.
Mayor Troxell and Councilmember Cunniff congratulated Mr. Phelan and the utility.
• COUNCILMEMBER REPORTS
Mayor Troxell reported on Councilmembers who met with Congressional leaders in Washington,
D.C. He participated in a Drone Advisory Committee meeting during that trip.
Mayor Pro Tem Stephens reported on the Read -a -Thou event at Shepardson Elementary School,
the Board and Commission appreciation event, and the upcoming "Reimagining Boards and
Commissions" work. She also reported on attending the Eye Ball, which benefits the Insight
Vision Program and noted the downtown lights have been lit for the holiday season.
Councilmember Gorgol reported on the Health District's input sessions for the top health issues in
the region.
Councilmember Gutowsky reported on attending the Health District's key leaders and seniors'
meetings, as well as the White House Roundtable meeting about the opioid epidemic.
Mayor Troxell thanked the Downtown Business Association and Downtown Development
Authority for their contribution to the downtown lights.
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• DISCUSSION ITEMS
11, First Reading of Ordinance No. 138,2019, Amending the Zoninq Map of the City of Fort Collins
by Changing the Zonin-q Classification for that Certain Property Known as the Hughes Stadium
Site Rezoning and Approving Corresponding Changes to the Residential Neighborhood Sign
District Map. (Adopted on First Reading)
The purpose of this item is to rezone 164.55 acres located on the west side of Overland Trail and north
of CR32 (parcel # 9720100913) with one condition and to place the property into the Residential Sign
District. City Council initiated the rezoning on July 16, 2019 and directed City staff to prepare a
rezoning application and make a recommendation regarding the appropriate zoning. The site is
currently zoned Transition (T) and staff recommends placement into the Residential Foothills (RF) and
Low -Density Mixed -Use Neighborhood (LMN) zone districts. A recommended condition of the rezone
requires that future development in the portion zoned Residential Foothills district meet the
requirements of a Cluster Plan pursuant to Land Use Code Section 4.3(E)(2). The request places the
property into the Residential Sign District. The Planning and Zoning Board on a 4-2 vote
recommended that City Council not adopt the staff proposed zoning and instead zone the property
entirely Residential Foothills.
Mayor Troxell requested information as to any possible conflicts of interest.
Councilmember Cunniff stated he lives in the notification area for this project; however, he did
not believe he has any financial interest that is different from others and that it will not bias his
examination of the issue.
Mayor Pro Tern Stephens stated she is an employee of Colorado State University; however, she
has neither financial nor personal interest in the outcome of this item and feels she can give an
unbiased opinion.
Mayor Troxell stated he is an employee of Colorado State University and he also has no financial
interest in this project which is at the system level of the University. He noted he received an
advisory opinion from the Ethics Review Board regarding a stadium issue indicating there was no
conflict with his participation.
Mayor Troxell addressed procedural issues and identified speakers.
Tom Leeson, Community Development and Neighborhood Services Director, outlined the staff
recommendation for the property zoning, stating it is based on a number of factors and input from
various stakeholders.
Cameron Gloss, Long -Range Planning Manager, outlined the history of the property and discussed
its physical characteristics. He detailed various plans and policies that influenced the staff
recommendation and outlined various scenarios that were presented. The Planning and Zoning
Board disagreed with the staff recommendation and recommended a Residential Foothills zone for
the entirety of the property, with the condition that the development would be clustered consistent
with Land Use Code requirements.
Gloss discussed the public input process, including the neighborhood meeting. Primary comments
received involved increasing the amount of open space on the site and dealing with traffic and air
quality impacts. He outlined the differences between the staff recommendation and Planning and
Zoning Board recommendation and discussed both in relation to the triple bottom -line analysis.
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Mike Hooker, Colorado State University System, read a letter from Tony Frank, CSU System
Chancellor, in support of Lennar Homes' proposal for development and a zoning decision that will
allow that proposal to move forward.
Kevin Jones, Fort Collins Area Chamber of Commerce, discussed the need for attainable and
affordable housing in the community, noting this site provides an opportunity for that type of
development. The Chamber requested Council not zone any portion of the site Residential
Foothills.
Mark DiGregorio, Save Our Stadium, supported the Planning and Zoning Board's
recommendation to zone the entire property Residential Foothills with a different clustering
requirement.
Nick Fry noted there is no requirement for affordable or attainable housing on this site.
Bonnie Ayer questioned whether there is capacity for additional students in the Poudre School
District schools in the area, stating class size is a key factor in school outcomes.
Sean Dougherty stated a Residential Foothills zoning would provide no opportunity for affordable
or attainable housing on the site and made suggestions related to transit opportunities. He
questioned why the City is superseding the normal development process by initiating this zoning.
Tom Farnsworth supported the Planning and Zoning Board recommendation.
Reilly Snider discussed the importance of natural areas and stated they should be prioritized above
inequitable housing.
Adam Eggleston, Fort Collins Board of Realtors, encouraged Council to take a forward -thinking
approach to this zoning. Any zoning that would set density below medium -density, mixed -use
neighborhood would go against the stated position of improving affordability and attainability of
housing options throughout the community.
Joe Rowan discussed the importance of equity, inclusion, and justice and stated Council does not
have the authority to zone this property.
Rebecca LaPole suggested the possibility of using a portion of the land for a wildlife rehabilitation
center and opposed higher density zoning.
Tom Schipper opposed the staff recommendation.
Lindsay Morgan stated Council should focus on saving this rare and special place in the
community.
George Bishop stated CSU has been a bad corporate neighbor.
Layla Smith stated the Hughes site is special and there is not enough infrastructure to handle the
existing population and approved developments.
Susan Wannamaker expressed safety concerns related to foothills fires and supported the Planning
and Zoning Board recommendation.
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Karen Collabity stated the debt incurred by moving the stadium is being funded by taking away
this state-owned land. Lennar Homes is not a reputable homebuilder.
Colleen Silan stated she moved here in part because of the continuous nature of the open space
and requested Council take ecology into account.
Patricia Babbitt expressed concern about the lack of foresight regarding development and read a
statement from CSU acknowledging the land is the traditional ancestral homelands of the Arapaho,
Cheyenne, and Ute nations.
John Mercer stated he moved to Fort Collins because of its open space buffers and he supported
the Planning and Zoning Board recommendation.
Martha Zook discussed the public support of maintaining the land as open space and discussed the
ongoing developments in the city. She expressed concern about traffic and air pollution.
Ted Walkup stated his concern about this redevelopment centers around livability and
sustainability. Citizens do not want a dense development on the site and are concerned about
degraded air quality, overconsumption of water, marginalization of natural areas, safety,
congestion and traffic.
Lisa Baughn stated she does not believe this housing will be developed as affordable for CSU
employees. Lennar Homes is not honoring the public outcry on nature and social issues and
suggested Council approach CSU with an offer to purchase the property with funds from the state
and Natural Areas.
Barbara Denny supported the Planning and Zoning Board recommendation.
Melissa Rosas stated there has been large support for keeping the area as open space and she
submitted two petitions related to that support. The contracted sales price between CSU and
Lennar Homes is $10 million and a Natural Resources Department staff member admitted there is
more than enough funding available to purchase the site as a natural area for that same price.
Renee Walkup stated there is much speculation that there are protected species on this land;
however, an environmental impact study has yet to occur. A School Board representative indicated
existing schools in the area are at capacity for K-S`h grade students. She requested Council
represent the citizens in this matter.
Mary Grant requested Council agree to keep the Hughes property in Transition zoning until either
the state agrees to abide by the zoning established by the City, or the property is sold, and the state
no longer has any interest in the property. She supported a Residential Foothills zoning and
opposed the process to this point.
Doug McAllister stated this development, along with others, will have a negative effect on traffic.
Liz Donovan stated a low -density development feels highly exclusionary and contrary to the
feeling of an open and inclusive community. Fort Collins has an opportunity to strive toward
housing equity by leaning in to propose creative solutions.
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Marc McKee commented on housing density on the west side of Overland Trail and stated the
staff -recommended density is not in keeping with the precedent set by historical zoning in the area.
Zoning the property 90% Residential Foothills is consistent with the rest of the property west of
Overland Trail.
Rachel Shoemaker stated schools in this area are already overcrowded and expressed concern
about the extra traffic the development would bring. She supported leaving the site as open space.
Rex Miller stated the proposed zoning is an effort to push the value of the property over the
artificial $10 million threshold. The zoning has no relationship to existing area developments.
Tamra Muere commented on the number of homes that could be allowed with the proposed zoning
and expressed concern that CSU can ultimately do what it wants with the property. She would
like CSU to follow zoning recommendations and requested Council listen to its constituents.
Yvonne Bias expressed concern about Iosing the ecology and beauty of the area and supported
only low -density development on the east side of the property.
Kent Pedersen, Lennar Homes, stated his organization will continue to work with CSU to provide
a structure that will result in attainable housing for the community. They would like to work with
the City to help make this a great community.
Lonna Miller stated she and her husband have lived just north of the property for 47 years and she
talked about the variety of wildlife on the site.
Pam Jones stated Lennar Homes is a national builder and suggested the characteristics of the sales
agreement are much more transactional than the comments that have been made about the value
of the site. She supported the Planning and Zoning Board recommendation.
Barbara Heffington stated that while she would prefer the land be left as an open space, she could
support the Residential Foothills non -cluster development.
Rory Heath stated this property has a rich history and suggested additional assurances the public
outreach is heard should be made.
Rich Stave questioned who owns the land and why an immediate decision regarding zoning needs
to be made.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Gloss clarified there is a requirement for four housing types as part of low -density mixed -use
neighborhood zoning; however, that does not change the density limit which is between 4-9 units
per acre with a maximum of up to 12 units per acre if the project is certified as affordable housing.
He also clarified the proposed zoning would only allow up to 800 homes at the very maximum.
Regarding natural habitat comments, an ecological characterization study would be required upon
the submittal of any development application. The study would identify habitat, special features,
protected species, or species of concern. The result of that study could very well impact the
footprint and nature of any development that would occur.
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Martina Wilkinson, Assistant City Traffic Engineer, stated there is not yet a submittal of a traffic
impact study as a development has yet to be submitted. If and when a submittal is made to the
City, it must prove the development meets level of service standards for vehicular, bicycle, and
pedestrian travel as well as the adequate public facilities standards.
Councilmember Pignataro thanked citizens for input on this item. She asked if the next iteration
of MAX will be on West Elizabeth. Gloss replied in the affirmative, stating CSU is also currently
working on a transit center at the intersection of Elizabeth and Overland Trail.
Councilmember Pignataro asked if there is any way to mandate the location of the clustering.
Gloss replied there are no provisions in the Land Use Code for regulating that; however, it may be
possible to add that as a condition. City Attorney Daggett replied Council could more specifically
define the clustering that is suggested and the condition in the ordinance as presented. She
cautioned that it would be beneficial to ensure any modification has been carefully reviewed.
Councilmember Pignataro asked if the clustering must occur in one cluster or if it can occur in
multiple clusters. Gloss replied there are no specific mandates for a certain pattern of clustering.
Councilmember Pignataro asked what tools are available to ensure the inclusion of affordable
housing. Gloss replied zoning cannot guarantee affordable housing.
Councilmember Pignataro asked if this is the only large piece of vacant land in the Growth
Management Area that is serviced by City Utilities. Gloss replied the number of parcels is
gradually becoming more limited, but he would not make that general statement.
Councilmember Summers noted the likely price point for a house on 2 acres as would be
recommended by the Residential Foothills zoning is high. He requested a review of the existing
open spaces and trails. John Stokes, Natural Resources Director, replied there are over 800 acres
of publicly owned open space, not including water, and 14 miles of trail within a one -mile radius
of the Hughes Stadium site.
Councilmember Summers asked if the proposed zoning will impact access to those areas or trails.
Stokes replied the Lennar proposal shows a connection to Maxwell Natural Area on the northwest
corner of the property. It is likely there would be additional use of the area, but not likely additional
parking pressure.
Mayor Troxell asked how the staff recommendation relates to the July 16 recommendation. Gloss
replied Council directed staff to prepare a recommendation and it developed options based largely
on City Plan.
Councilmember Gorgol asked about the ecological impacts of a non -clustered Residential
Foothills development versus a Low -Density Mixed -Use Neighborhood development. Gloss
replied a detailed analysis has not been conducted; however, water consumption for attached
housing is significantly lower than it is for larger single-family lots and there might be slightly less
solid waste with smaller units.
Councilmember Gorgol asked about the number of proposed homes for a South College
development. Rebecca Everette, Development Review Manager, replied there was an article in
the Coloradoan that referenced an additional 1,800 units potentially proposed in that area which
could result in an additional population of 5,000 new residents. She noted the majority of the
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development projects referenced in the article are still in the conceptual stage and in most cases
have yet to submit formal applications for review.
Councilmember Gorgol asked if Council would have more room to address affordable housing
goals after the submittal of a development plan. Gloss replied the development would go before a
hearing officer or the Planning and Zoning Board and staff would consider affordability as an
element of the review. He noted a qualified affordable housing project could result in up to 12
units per acre within the LMN portion of the site.
Mayor Pro Tem Stephens asked if there is any type of commitment from CSU related to affordable
housing. Gloss replied there has been mention of attainable housing.
Mayor Pro Tem Stephens requested staff confirmation that a development would not remove any
natural areas. Stokes replied in the affirmative.
Mayor Pro Tem Stephens asked about the value of the land and whether purchasing it would be a
good use of resources for the Natural Areas Department. Stokes replied a variety of factors are
considered, including connectivity to other conserved lands and the portfolio of existing conserved
lands in an area. Staff decided quite some time ago to not pursue purchasing the land given the
amount of publicly owned open space in the area and other conservation opportunities and
priorities as defined in the Natural Areas Master Plan.
Mayor Pro Tem Stephens requested staff input regarding safety. Poudre Fire Authority Chief Tom
DeMint replied the first review of a development involves an evaluation of points of access and
this project has six points of access. Additionally, there is access to the Maxwell Open Space for
wildfire suppression. He stated fully sprinkling the development would make it quite safe and
would lessen the potential for wildfire.
Mayor Pro Tem Stephens asked how the lines were drawn between the staff proposed zoning
districts. Gloss replied that decision was based on the original Foothills Plan.
Mayor Troxell asked if the stormwater detention is inside or outside the proposed development.
Gloss replied it is internal to the site and any development would have to accommodate those
flows. The existing detention is large enough to serve the development.
Councilmember Gutowsky requested an estimate of the number of units that would result from the
staff recommended zoning. Gloss replied it would be between 450 and 650 units, with the likely
number being 550 or fewer given site constraints.
Councilmember Gutowsky asked about the $10 million figure. Leeson replied that number is a
contractual agreement between CSU and Lennar and the City is not privy to how that number was
generated.
Councilmember Gutowsky asked if there is a certain number of homes that need to be promised
to Lennar for them to commit to the project. Leeson replied staff is not aware of the answer to that
question.
Councilmember Cunniff asked if there is any way to require affordable or attainable housing under
the Land Use Code. Leeson replied there is no way to require it.
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Councilmember Cunniff asked if it is true to state the median house price has increased as the
population has increased. Leeson replied he believes that statement is true.
Councilmember Cunniff commented on high housing costs in densely populated areas and stated
housing near the city's natural areas tends to be priced higher. Stokes agreed.
Councilmember Cunniff stated he does not believe this housing could be attainable as the market
will drive costs up.
Councilmember Cunniff asked if it is true that around 8,000 units have been roughly planned for
the northeast part of town. Leeson replied in the affirmative.
Councilmember Cunniff noted 10-15% of those units will be affordable as enforced through the
metro district mechanism on some developments. He stated his belief that factors outside of
Council's control will dictate whether this housing is attainable or affordable.
Mayor Troxell stated supply does influence price and discussed the importance of providing all
types of housing in the community. Councilmember Cunniff replied this is a desirable community;
therefore, demand continues to outstrip supply.
Mayor Troxell stated he does not want to make the community less desirable and discussed the
importance of balancing a very desirable place with a place people can afford to live.
Councilmember Gorgol asked about the timeline for the buildout of the aforementioned 8,000
homes. Leeson replied it will be decades before those are built out.
Councilmember Gorgol asked about the estimated population growth during that time. Leeson
replied the annual population growth has been just under 2% annually; therefore, the likely
population will be about 250,000 over the next 30 years.
Councilmember Gorgol asked what type of zoning would allow the City more leverage in gaining
affordable or attainable housing. Leeson replied the LMN zone would allow greater opportunity
for attainable housing.
Councilmember Gorgol noted one of the goals of City Plan was to provide a wider variety of
housing types. Leeson replied in the affirmative, noting one goal is to fulfill the missing middle
housing type.
Councilmember Gutowsky asked if there is any plan to widen Overland Trail. Wilkinson replied
the level of service will be evaluated if and when a proposal is submitted and noted pinch points
tend to be intersections; therefore, at this point, the Master Street Plan shows Overland Trail as
being appropriately classified.
Councilmember Pignataro questioned how additional density would provide leverage for
affordable housing. Leeson replied additional density would not provide leverage but the LMN
zoning would provide additional opportunity for attainable housing as it requires four different
housing types. There are no requirements in the zoning code for deed -restricted affordable housing
nor for attainable housing.
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November 5, 2019
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt
Ordinance No. 138, 2019, on First Reading.
Councilmember Cunniff stated he does not agree with the zoning designation but commended the
community process. He believes it is better for Council to be involved in the zoning of Transition
zones. He discussed concerns with the urban wildland interface and the possibility of purchasing
the connector between Maxwell and Pineridge at some point in the future. He would like the
development to be worthy of the site.
Mayor Pro Tern Stephens stated Council participating in this zoning decision makes sense, given
the site and discussed the benefits of the scaling and clustering in the staff recommendation.
Councilmember Gorgol stated she will support the motion as staffs recommendation is a good
compromise. She stated low -density zoning is exclusive and higher density supports things like
transit.
Councilmember Pignataro discussed the community's feelings about this site and noted there are
no tools available to guarantee attainable housing.
Councilmember Gutowsky discussed the community's feelings around protecting the open space
and commented on visiting the area. CSU could create a legacy and donate the land for open
space. She did not support the motion.
Mayor Pro Tern Stephens pleaded with CSU to commit to providing affordable housing.
Mayor Troxell stated he would support the motion given the staff recommendation's basis in City
Plan.
RESULT:
ORDINANCE NO. 138,2019, ADOPTED ON FIRST READING [4 TO 3]
MOVER:
Kristin Stephens, District 4
SECONDER:
Ken Summers, District 3
AYES:
Gorgol, Summers, Stephens, Troxell
NAYS:
Pignataro, Gutowsky, Cunniff
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
12. Items Relating to 2020 Utility Rates. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 125, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 126, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Water Rates, Fees and Charges.
C. Second Reading of Ordinance No. 127, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Wastewater Rates, Fees and Charges.
D. Second Reading of Ordinance No. 128, 2019 Amending Chapter 26 of the Code of the City of Fort
Collins to Revise Stormwater Rates, Fees and Charges.
These Ordinances, unanimously adopted on First Reading on October 15, 2019, adjust monthly
charges for electric, water, wastewater, and storm water services in 2020. The revenue requirements
City of Fort Collins Page 307
November 5, 2019
to support the 2020 budget will require increasing monthly charges for electric service by 5.0% and
stormwater service by 2.0%. While there is no overall percentage increase planned for the Water or
Wastewater Funds, there are minor rate class adjustments proposed based on recent cost -of -service
model updates. Upon adoption, these rates would be effective January 1, 2020.
Melinda Armstrong, Clean Energy Collective, discussed concerns related to the proposed electric
rate changes and discussed a 2014 contract between the Fort Collins Utility and the Clean Energy
Collective called the Renewable Generator Power Purchase Agreement. The proposed rate
change, if applied to the agreement, would negatively change how bill credits are calculated in
breach of the agreement. She requested clarification that the rights of Clean Energy Collective
and its Fort Collins customers under the agreement will not be negatively affected by the proposed
2020 rate changes.
Rich Stave commented on the time of day rates and asked where any resulting monetary benefit
would get priced into the rate increase. He also questioned why rate information is not available
on the Utility web page and stated he was unable to get the energy monitor from the library to
work.
R. Cook Cloninger stated she lives in a totally electric home and commented on the unfairness of
time of use rates for all electric homes. The form that is required to be completed for all electric
homes does not accurately reflect the amount paid and she opposed the proposed increase.
Councilmember Pignataro asked when the time of day rates presentation will come before Council.
Lance Smith, Utilities Strategic Finance Director, replied the time of use began last October and
customers are now receiving their 12`h bill. After data analysis, a report will be brought before
Council in the first quarter of 2020.
Councilmember Pignataro requested that report be presented as early in the quarter as possible.
City Manager Atteberry replied that will occur.
Councilmember Pignataro asked if this rate increase involves catching up. Smith replied he would
not characterize it that way; however, over the past several years, the Electric Enterprise Fund has
run with an, operating loss and the 5% increase is intended to generate enough operating revenue
to offset operating expenses.
Councilmember Pignataro asked if the operating loss was ever a result of Council not supporting
a rate increase. Smith replied in the negative and stated cash reserves were being used to offset
the loss.
Councilmember Summers asked about a special rate for all electric homes. Smith replied there is
a tiered time of use rate that applies to most residential customers. Residential customers in all
electric housing are also subject to a time of use rate, but not to the 700-kilowatt hour tier.
Councilmember Summers asked if it would be possible to look at instituting a special rate for all
electric homes. Smith replied there is a separate rate and staff will provide an analysis of the
comparison.
Councilmember Cunniff noted the time of use rates were somewhat of a pilot program and the
results of the study will provide information related to disproportionate impacts. He asked for
staff clarification regarding the Clean Energy Collective agreement. John Phelan, Energy Services
Manager, replied the staff recommendation is that Council would proceed with the adoption of the
City of Fort Collins loge 308
November 5, 2019
rate ordinance as proposed and adopted under First Reading and the issues with the Clean Energy
Collective concerning differences in the interpretation of the power purchase agreement will be
dealt with on a separate track.
Councilmember Cunniff requested staff provide options to help customers understand their hourly
use even if they are not technologically savvy.
Mayor Pro Tern Stephens asked if staff is available to work with customers who are concerned
about their bills. Lisa Rosintoski, Utilities Customer Connections, replied in the affirmative.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 125, 2019, on Second Reading.
RESULT: ORDINANCE NO. 125,2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 126, 2019, on Second Reading.
RESULT: ORDINANCE NO. 126, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6 r
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 127, 2019, on Second Reading.
RESULT: ORDINANCE NO. 127, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 128, 2019, on Second Reading. Yeas: Troxell, Cunniff, Gorgol, Gutowsky,
Summers, Pignataro and Stephens. Nays: none.
THE MOTION CARRIED.
RESULT: ORDINANCE NO. 128, 2019, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Emily Gorgol, District 6
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
City of Fort Collins Page 309
November 5, 2019
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support to examine decriminalizing
Election Code offenses.
• ADJOURNMENT
Consideration of a motion to adiourn to 6:00 p.m., Tuesday, November 12, 2019, for the annual evaluations
of the City Manager, City Attorney and Chief Judge.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on Tuesday, November 12, 2019, in order to consider a motion to go into executive session
to conduct annual performance reviews of Council's direct report employees and for such other
business as may come before the Council.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Kristin Stephens, District 4
SECONDER:
Ross Cunniff, District 5
AYES:
Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 10:16 PM.
ATTEST:
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City of Fort Collins Page 310