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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/01/2015 - SUMMARY AGENDACity of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Winkelmann City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting September 1, 2015 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring September as Suicide Awareness Month. B. Proclamation Declaring September as Hunger Action Month. C. Proclamation Declaring September 12, 2015 as the Historic Homes Tour Day. D. Proclamation Declaring October 2, 2015 as Manufacturing Day. E. Proclamation Declaring September 14-20, 2015 as Colorado Cities & Towns Week. Regular Meeting 6:00 p.m.  PLEDGE OF ALLEGIANCE  CALL MEETING TO ORDER  ROLL CALL  AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda. City of Fort Collins Page 2  Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items.  CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.]  CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Second Reading of Ordinance No. 090, 2015, Amending Chapter 23 of the Code of the City of Fort Collins with Regards to Facility and Property Naming Policies. This Ordinance, unanimously adopted on First Reading on August 18, 2015 amends City Code regarding the policy for naming City-owned facilities. The amendments clarify opportunities for public input and the process for selecting facility names. Staff recommendations include adding a preference for using natural feature names for City natural areas, removing the City Council ad hoc naming committee and the ability to name facilities for living people other than donors. In place of a City Council committee, staff recommends that the department responsible for managing the property or facility to be named conduct a public input process and that each site receive a historical review to help solicit possible names. 2. Second Reading of Ordinance No. 091, 2015, Appropriating Unanticipated Grant Revenue into the Recreation Fund for the Aging Mastery Program at the Fort Collins Senior Center. This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant funds in the amount of $7,500 received from the National Council on Aging to support a yearlong Aging Mastery Program at the Fort Collins Senior Center. The Aging Mastery Program has been designed by the National Council on Aging and empowers older adults to make and maintain small but impactful changes in their behaviors. The Program consists of two components, the Aging Mastery Academy and AMP Clubs, both of which will be planned and programmed at the Fort Collins Senior Center. 3. Second Reading of Ordinance No. 092, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and the Fort Collins Convention and Visitors Bureau. Ordinance No. 092, 2015, unanimously adopted on First Reading on August 18, 2015, appropriates $392,184 of which $123,448 is for 2015 Cultural Development and Programming Activities (Fort Fund), $38,007 is for 2015 Tourism Programming (Fort Fund), and $230,729 is for 2015 Fort Collins Convention and Visitors Bureau (CVB) activities from Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging Taxes for 2014 were estimated at $975,000 and actual Lodging Tax revenues collected equaled $1,304,612. 4. Second Reading of Ordinance No. 094, 2015 Appropriating Unanticipated Grant Revenue in the General Fund and Appropriating Funds From the Community Development and Neighborhood Services Operating Budget for the Restorative Justice Program. This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. 5. Second Reading of Ordinance No. 095, 2015, Appropriating Grant Revenue into the Light and Power Fund for the Integrated Utility Services (IUS) Project. This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates $125,000 in grant revenues from the American Public Power Association into Fort Collins Utilities Light and Power Operations fund to pilot an enhanced delivery structure for energy efficiency and renewable energy projects. The project will be implemented through the Efficiency Works Home program in collaboration with Platte River Power Authority. Matching funds will come from existing appropriations in Resource Conservation and incorporate an additional $25,000 from Platte River. City of Fort Collins Page 4 6. Second Reading of Ordinance No. 096, 2015 Amending to Ordinance No. 090, 2010 Relating to the City of Fort Collins Downtown Development Authority Taxable Tax Increment Revenue Bonds, Series 2010A, and Tax-Exempt Tax Increment Revenue Bonds, Series 2010B, to Reduce the Respective Interest Rates on Such Bonds. Ordinance No. 096, 2015, unanimously adopted on First Reading on August 18, 2015, amends the Downtown Development Authority’s (DDA) 2010 bond series, reducing the spread on the rate adjustment date. The DDA’s 2010 bond series is set for a rate adjustment at the 5-year mark in 2015. Great Western Bank, the bond series purchaser, has offered a rate reduction resulting in an estimated savings of $143,000 in interest expense over the remaining 5-year life of the bonds. This adjustment would be executed through an amendatory ordinance encompassing each bond, Series 2010A (Taxable Tax Increment Revenue Bonds) and Series 2010B (Tax-Exempt Tax Increment Revenue Bonds). Currently these bonds are to reset at 4.5% over the 5 year U.S. Treasuries, the amendments would reduce the spread on the two series to 3.5% over the 5 year U.S. Treasuries on Series 2010A and 4.25% on Series 2010B. 7. Second Reading of Ordinance No. 097, 2015, Amending Provisions in Articles III and IV of City Code Chapter 25 Concerning the Exemption of Charitable Organizations from the City's Sales and Use Tax and Lodging Tax. This Ordinance, unanimously adopted on First Reading on August 18, 2015, amends the definition of “charitable organization” as used in the City Code’s sales and use tax and lodging tax provisions in order to mitigate the impact of current Colorado case law on a substantial number of the City’s current tax exempt charitable organizations. 8. Second Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Fort Collins Pertaining to Smoking in Public Areas. This Ordinance, unanimously adopted on First Reading on August 18, 2015, revises the current Smoking in Public Places Ordinance to include exemptions for retail tobacco establishments within the Downtown Smoke-Free Zone and for City facility users who smoke on City premises in a fully enclosed, privately-owned vehicle. The Ordinance also provides clarification on the City-owned or maintained sidewalks that are intended to be covered by the provisions in the current Ordinance. 9. Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to October 6, 2015. Staff requests postponement of Second Reading of the Kechter Farm Second Annexation and Zoning Ordinances (Ordinance Nos. 099 and 100, 2015) to October 6, 2015 to allow time for Larimer County to complete the entitlement process for Second Filing. The Larimer County Planning Department has indicated that the Board of County Commissioners will not have taken final action in time for the City Council to adopt the annexation and zoning on Second Reading on September 1, 2015. Under the Intergovernmental Agreement with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. The postponement to October 6, 2015 will allow time for Larimer County to complete its review process. 10. Second Reading of Ordinance No. 101, 2015, Amending Ordinance No. 081, 2003, to Rename the Wiggins House and Garage at 1009 West Mountain Avenue, Fort Collins, Colorado, as the Wiggins/Taylor Property Pursuant to Chapter 14 of the Code of the City of Fort Collins. Ordinance No. 101, 2015, unanimously adopted on First Reading on August 18, 2015, renames the Landmark property at 1009 West Mountain Avenue, currently known as the Wiggins House and Garage, to the Wiggins/Taylor Property, in recognition of long-time owner Patricia Taylor. City of Fort Collins Page 5 11. Second Reading of Ordinance No. 102, 2015, Designating the Schlichter/Akin/Smith Property, 1312 South College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This Ordinance, unanimously adopted on First Reading on August 18, 2015, designates the Schlichter/Akin/Smith Property at 1312 South College Avenue as a Fort Collins landmark. The owner of the property, MaOlPh LLC, is initiating this request. 12. Items Relating to Traffic Code Amendments Regarding Accommodation of Low-speed Electric Vehicles and Parking Regulations. A. Second Reading of Ordinance No. 103, 2015, Amending Section 1410.1 of the Fort Collins Traffic Code Allowing Low-Speed Electric Vehicles. B. Second Reading of Ordinance No. 104, 2015, Amending Section 1205 and 1205.5 of the Fort Collins Traffic Code Amending Parking Restrictions. These Ordinances, unanimously adopted on First Reading on August 18, 2015, amend two sections of the Fort Collins Traffic Code. The amendment to Section 1410.1 will permit low speed electric vehicles on certain City streets. Section 1205 is proposed to be amended to permit parking configurations that will accommodate the potential for parking-protected bike lanes and back-in angle parking. 13. First Reading of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. The purpose of this item is to return the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. 14. First Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network. The purpose of this item is to appropriate funds from PEG reserves to be spent on additional improvements for FC-PAN’s television studio in the City’s Carnegie Building. 15. First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property. The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left and abandoned on City property. Section 23-130 of City Code sets forth a process by which lost, abandoned, or other unclaimed property coming into the City’s possession may be sold, kept, or destroyed by the City. Current City Code requires the City to store this property for not less than thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property. City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition within City natural areas, parks, trails, road underpasses and other public places. In addition to the unsafe condition this property presents to the public in situ, it is also creating handling concerns and storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a process by which abandoned items of no utility or value may be promptly removed and destroyed City of Fort Collins Page 6 following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to contest the disposal of personal property. Based on recent experience, staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or property with real or marketable value. 16. First Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins Pertaining to City Service Areas. The purpose of this item is to update Service Area definitions in City Code to reflect structural adjustments needed to clarify organization roles, and enhance efficiency and effectiveness of the City organization. 17. First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9, 2016. The purpose of this item is to consider a 6 month extension to the Planned Development Overlay District (PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months. 18. First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters. The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. 19. Items Relating to the Acquisition of Property at 4200 County Road 30. A. Resolution 2015-080 Authorizing the Execution of an Intergovernmental Agreement with the City of Loveland to Acquire and Cooperate Regarding a Parcel of Land and Water Rights at 4200 County Road 30 Within the Fort Collins – Loveland Community Separator. B. First Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30. The purpose of this item is to seek Council approval of an Intergovernmental Agreement with Loveland outlining the parties’ rights and obligations with respect to a proposed 113-acre acquisition in the Fort Collins-Loveland Community Separator and approval of the conveyance of a Right of First Offer and Right of First Refusal on the same parcel to Loveland. The City of Loveland’s Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition, Loveland’s Parks and Recreation Department will contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will contribute $1.5M towards the purchase price of $3M. 20. First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. The purpose of this item is to rezone 22.8 acres located at 1830 Laporte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the Comprehensive Plan (City Plan). City of Fort Collins Page 7 21. Resolution 2015-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Administrative Hearing Officer Marcus McAskin Decision Approving the River Modern Project Development Plan. On July 20, 2015, Max D. Oesterle et al. filed a Notice of Appeal on grounds that the Decision Maker failed to properly interpret and apply certain provisions of the Land Use Code. On August 18, 2015, City Council voted 7-0 on the motion that the Hearing Officer did not fail to properly interpret and apply certain provisions of the Land Use Code, specifically Sections 3.4.1(E)(2), 3.5.1(B), (C), (D), and (E), and added conditions to the project’s approval. END CONSENT  CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.  STAFF REPORTS  COUNCILMEMBER REPORTS  CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 22. Resolution 2015-082 Directing the City Manager to Submit to the U.S. Army Corps of Engineers the City's Comments on the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project (staff: John Stokes; 15 minute staff presentation; 2 hour discussion) The purpose of this item is to review, and to consider endorsement by resolution, comments directed to the United States Army Corps of Engineers (Corps) regarding the Supplemental Draft Environmental Impact Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Please note that this Agenda Item Summary and the attached comments to the Corps are intended to protect the interests of the City by identifying the City’s concerns with NISP and the SDEIS. The City of Fort Collins Page 8 comments are further intended to create a record that establishes a firm foundation for the City’s participation in future administrative, legal, and informal processes associated with NISP in order to address direct impacts in Fort Collins and to the City. As noted for Council’s July 28 Work Session, staff believes certain areas of the SDEIS represent a significant improvement over the 2008 Draft Environmental Impact Statement (DEIS). The Common Technical Platform (CTP) required by the Corps for the hydrological modeling underlying the SDEIS has provided valuable baseline information to its analysts and reviewers. Furthermore, the CTP is being used in the City’s EIS process for the Halligan Water Supply Project. Based on the CTP, the impacts analysis of the SDEIS has been strengthened in certain key areas. In addition, the SDEIS includes a conceptual mitigation plan put forward by Northern Colorado Water Conservancy District (Northern) that provides an overview of how Northern has initially proposed to deal with some of the unavoidable impacts of NISP. The City welcomes Northern beginning the conversations around mitigation. Notwithstanding these valuable improvements and potential benefits, as summarized below, staff continues to have numerous significant and fundamental concerns with respect to NISP’s impacts to the City and the failure of the SDEIS to adequately or accurately describe all of the impacts. The concerns include:  The absence of a critical water quality and stream temperature report that quantifies the water quality impacts. Many of the potential impacts to Fort Collins hinge on the report’s findings.  The inclusion of a no-action alternative that is not bona fide; this improperly skews the entire analysis in favor of the preferred alternative.  The potential for water quality degradation that could affect source water and wastewater treatment facilities.  Flawed analyses and conclusions related to the project’s reduction of peak flows which are likely to harm the environment and potentially increase flood risk.  In general, flawed analyses and conclusions regarding long-term degradation of habitat.  A failure to analyze an alternative that would avoid most negative impacts to Fort Collins.  A conceptual mitigation plan that is premature and inadequate because the impacts of the project have not yet been correctly described.  A conceptual mitigation plan that includes an augmentation flow that, as currently described, is not likely to be allowed under Colorado water law and administration.  Significant negative impacts to the recreation values of the River. Where possible, the City’s comments include suggestions for how to improve the analysis or resolve the City’s concerns. Please note that the comments provided on NISP to the Corps could lead to potentially significant delays and increased costs to the City’s Halligan Water Supply Project, since changes to the analysis of NISP as a result of these and other comments will likely be required for both projects. 23. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Eight Zone Districts. (Option A or Option B) (staff: Cameron Gloss; 5 minute staff presentation; 30 minute discussion) The purpose of this item is to amend the Land Use Code to require City Council review of Addition of Permitted Use (APU) applications in eight residential zone districts. Second Reading of this City of Fort Collins Page 9 Ordinance, unanimously adopted on First Reading on July 7, 2015, was postponed to this date and time to allow time to develop the revised final ordinance. Two APU process options are proposed for City Council consideration:  Option A is a bifurcated process where the Planning and Zoning Board would make a decision on a development plan conditional upon Council approval of the APU application and then forward a recommendation to Council on the APU.  Option B is a consolidated process where the Planning and Zoning Board would review a consolidated APU/development plan application and make a recommendation to the City Council.  CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS  OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)  ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting.