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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/07/2019 - CONSIDERATION AND APPROVAL OF THE MINUTES FROM THEAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes from the March 5, March 19 and April 16, 2019 Regular Council Meetings, the March 26, 2019 Adjourned Council Meeting and the April 23, 2019 Special Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the March 5, March 19, and April 16, 2019 Regular Council meetings, the March 26, 2019 Adjourned Council meeting and the April 23, 2019 Special Council meeting.. ATTACHMENTS 1. March 5, 2019 (PDF) 2. March 19, 2019 (PDF) 3. March 26, 2019 (PDF) 4. April 16, 2019 (DOCX) 5. April 23, 2019 (DOCX) City of Fort Collins Page 68 March 5, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended Item No. 6, Items Relating to Appropriations for the I- 25/Prospect Interchange and Police Regional Training Campus, be placed following Item No. 15 and Item No. 14, Resolution 2019-034 Establishing an Ad Hoc Committee to Review Total Compensation for City Council Employees, be moved to the end of the published agenda. Additionally, he noted Item No. 17, Items Relating to Electrical Assisted Bicycles, was amended to add an option B to the ordinance, and Item No. 18, Items Relating to Solid Waste Programming and Infrastructure Improvements, was withdrawn to allow for additional public input. • PUBLIC COMMENT Mark Glorioso, Gallegos Sanitation CEO, thanked Council for delaying the final discussion and vote on the construction and demolition facility and flow control issue. Eric Sutherland discussed residential subdivisions being constructed without City broadband infrastructure and stated the massive debt incurred for the broadband project needs a full-time Council to manage it. Sid Doering, Gallegos Sanitation, thanked Council for delaying the final discussion on the construction and demolition facility. He stated Gallegos is concerned about the location of the transfer station and resulting truck routes. Carrie Kepler, Gallegos Sanitation, expressed concern about the effects of the proposed flow to the new landfill facility. Braden Carey urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. Dr. Rob Colbert discussed the non-emergency dispatch number to be used for individuals who could potentially be in a crisis state. He discussed the case of Susan Holmes' son and stated de- escalation training for officers must be more prevalent. Adriana Gomez urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. Morgan Brown urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. She discussed negative effects of mercury exposure on babies in utero. March 5, 2019 City of Fort Collins Page 69 Jorune Klisanskaite urged Council to take action to protect the public health of all Fort Collins residents by acting to stop the rollbacks of mercury standards suggested by the Trump administration. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments and noted a meeting will be scheduled with the policy committee for the wasteshed analysis. Councilmember Cunniff stated he requested information regarding the mercury issue and Council received a response which mentioned Platte River Power Authority's strict compliance and intention to stay with that regardless of EPA regulation changes. He suggested having a discussion at Legislative Review Committee. Mayor Pro Tem Horak noted PRPA added voluntary mercury controls prior to the federal government requirements. Councilmember Summers thanked the speakers who commented on the mercury issue. Councilmember Martinez requested a response to Dr. Colbert regarding police training and expressed appreciation for the Gallegos employees who spoke. Councilmember Cunniff requested a follow-up memo regarding the public process about the new landfill and construction and demolition facility. Councilmember Summers requested attention be paid to the concerns mentioned by Mr. Sutherland. Mayor Pro Tem Horak suggested a staff report regarding Connexion be part of an upcoming meeting. • CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes from the February 5, 2019 Regular Council Meeting and the February 12, 2019 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 5, 2019 Regular Council meeting and the February 12, 2019 Work Session and Adjourned Council meetings. March 5, 2019 City of Fort Collins Page 70 2. Second Reading of Ordinance No. 022, 2019, Appropriating Unanticipated Grant Revenue from the Federal Transit Administration (FTA) in the Transit Services Fund and Appropriating Prior Year Reserves in the Transit Services Fund and Authorizing the Transfer of Appropriations from the Transit Services Fund to the Capital Project Fund for the Accessible Infrastructure Enhancement Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted) This Ordinance, unanimously adopted on First Reading on February 19, 2019, appropriates unanticipated grant revenue awarded by the Federal Transit Administration (FTA) to upgrade bus stops throughout the Transfort service area. This infrastructure enhancement project will use FTA grant funds in the amount of $1,520,344 with a local match of $380,086 derived from Community Capital Improvement Program (CCIP) funds. This project will repair or replace concrete pads at bus stops and purchase amenities, such as shelters, over the next two to three years. 3. Second Reading of Ordinance No. 023, 2019, Appropriating Unanticipated Grant Revenue in the General Fund to Purchase Electric Lawn and Garden Equipment for the Parks Department and Authorizing the Transfer of Previously Appropriated Funds in the Environmental Services Department Operating Budget. (Adopted) This Ordinance, unanimously adopted on First Reading on February 19, 2019, appropriates unanticipated grant revenue in the amount of $19,998 in the General Fund for the purchase of electric commercial lawn and garden equipment for municipal operations. The grant is provided by the Regional Air Quality Council (RAQC) and directly supports local efforts to reduce ozone causing pollutants from gas and diesel powered equipment. A local match of $34,616 is required. Lawn and garden equipment purchases appropriated and expended in 2018 are eligible to be applied towards matching funds ($14,616), and the remaining $20,000 is appropriated and unexpended in the 2019 Environmental Services operating budget. 4. Items Relating to Non-Exclusive Utility Easement Agreements with Colorado State University and Colorado State University Research Foundation. (Adopted) A. Second Reading of Ordinance No. 024, 2019, Approving a Non-Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Property, Including Vacation of Easements Granted in 1966 Right-of-Way Agreement. B. Second Reading of Ordinance No. 025, 2019, Approving a Non-Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Research Foundation Property, Including Vacation of Easements Granted in 1966 Right-of-Way Agreement. These Ordinances, unanimously adopted on First Reading on February 19, 2019, vacate a 1966 storm sewer easement on Colorado State University’s (CSU) Main Campus, portions of which are now owned by the Colorado State Research Foundation (CSURF), and approve a new Utility Easement Agreement in its place. The existing storm sewer main is generally not located in the center of the existing right-of-way and in some places is not within the right-of-way at all. These Ordinances will abandon the 1966 right-of-way and replace it with a new easement that is centered on the existing storm sewer main. 5. Second Reading of Ordinance No. 026, 2019, Authorizing the Purchasing Agent to Enter into Contracts for Services, Professional Services and/or Construction in Excess of Five Years for the Proposed Enlargement of Halligan Reservoir. (Adopted) This Ordinance, unanimously adopted on First Reading on February 19, 2019, authorizes the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services, and/or construction of the proposed enlargement of Halligan Reservoir. Contracts authorized under the proposed ordinance could be extended up to the life of the project. Preliminary design of an enlarged Halligan Reservoir will likely begin in late 2019, and construction could begin four years later. Construction is anticipated to last approximately two years. Under this scenario and without this proposed ordinance, the design contract would expire March 5, 2019 City of Fort Collins Page 71 while the Halligan Reservoir enlargement is under construction, a situation that would result in logistical, and cost ramifications for the City and the project. 6. Items Relating to Revisions to Municipal Code Chapter 14 (Landmark Preservation) and to Land Use Code Section 3.4.7 (Historic and Cultural Resources). (Adopted) A. Second Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. B. Second Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2 Pertaining to Historic and Cultural Resources. These Ordinances, unanimously adopted on First Reading on February 19, 2019, amend City Code and Land Use Code to implement recommendations for improvements to codes that apply to historic buildings, sites, structures or objects (“historic resources”). These revisions are a result of the 2017- 2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide greater clarity and predictability in all regulations governing historic resources and to improve standards for reviewing the design compatibility of new construction with historic resources. 7. First Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in 2018 But Not Expended and Not Encumbered in 2018. (Adopted) The purpose of this item is to reappropriate monies in 2019 that were previously authorized by City Council for various expenditures in 2018 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2018 because: • there was not sufficient time to complete bidding in 2018 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, • the project for which the dollars were originally appropriated by Council could not be completed during 2018 and reappropriation of those dollars is necessary for completion of the project in 2019, or • to carry on programs, services, and facility improvements in 2019 with unspent dollars previously appropriated in 2018 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2018 and reflect no change in Council policies. 8. First Reading of Ordinance No. 037, 2019, Making Amendments to the Land Use Code Planned Unit Development Regulations. (Adopted) The purpose of this item is to adopt changes to the Land Use Code Planned Unit Development (PUD) regulations to clarify the vested rights process and who is eligible to seek an amendment to an approved PUD Master Plan. 9. First Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins-Loveland Water District. (Adopted) The purpose of this item is to amend the existing agreement signed in 2013 (the “2013 Agreement”) between the City and the Fort Collins–Loveland Water District (FCLWD) concerning FCLWD’s acquisition of 5 million gallons per day (MGD) of water treatment capacity at the City’s Water Treatment Facility. The proposed amendment to the 2013 Agreement will allow for FCLWD to make an early payment of the entire outstanding principal associated with the financing of the Plant Investment Fee (PIF). March 5, 2019 City of Fort Collins Page 72 The City, FCLWD, and their respective enterprises were all parties to the 2013 Agreement. The amendment thus likewise must be approved by both City Council and the City of Fort Collins Water Utility Enterprise Board. The FCLWD Board and the FCLWD Enterprise Board approved the proposed amendment on Tuesday, February 19, 2019. 10. First Reading of Ordinance No. 039, 2019, Authorizing the Sale of Seven Water Taps and One Sewer Tap Owned by the City's Natural Areas Department. (Adopted) The purpose of this item is to seek Council approval to sell seven water taps and one sewer tap. The taps were acquired with various parcels purchased by the City’s Natural Areas Department over the last decade or so. The Department has no use for the taps and recommends selling them and using the proceeds for land conservation. Additionally, the taps have monthly fees costing the Department approximately $1,425 per year. The Department checked with the Affordable Housing Land Bank to ascertain its interest prior to placing the taps on the market. The Affordable Housing Land Bank does not have a use for the taps at this time. 11. Resolution 2019-031 Setting for April 16, 2019, a Noticed Public Hearing for the City Council's Consideration of a Resolution to Approve the Drake & College Urban Renewal Plan and the Authorization of the Use of Eminent Domain to Acquire Property Within the Drake & College Urban Renewal Plan Area. (Adopted) The purpose of this item is to discuss setting the public hearing for April 16, 2019, for adoption of an Urban Renewal Plan area at the vicinity of Drake Road and College Avenue and to authorize the Urban Renewal Authority’s future exercise of eminent domain if needed under the Plan. Project improvements funded by the Urban Renewal Authority (URA) will be used to remedy blight findings, finance developer gaps and support area improvements as outlined in the agreements with each taxing body. The Urban Renewal Plan Area must be formally adopted by City Council before the URA can provide any financial support. Setting the public hearing is the first step towards formal City Council adoption of the Urban Renewal Plan Area. 12. Resolution 2019-032 Making Appointments to the Building Review Board, Downtown Development Authority, and the Natural Resources Advisory Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building Review Board, the Downtown Development Authority and the Natural Resources Advisory Board. During the annual fall recruitment, a vacancy remained on the Building Review Board. The vacancy on the Downtown Development Authority is due to the death of Justin Larson. The vacancy on the Natural Resources Board is due to the resignation of Ling Wang. • END CONSENT • STAFF REPORTS Report On Credit Rating. Mike Beckstead, Chief Financial Officer, discussed credit reviews of governments and corporations, noting they are done based on qualitative and quantitative information. Moody's has recently given Fort Collins a AAA rating, which is in the top 3-4% of municipalities rated by Moody's. The City's debt issuance rating, which cannot be equal to or greater than the issuer rating, was rated at AA-. March 5, 2019 City of Fort Collins Page 73 • COUNCILMEMBER REPORTS Councilmember Cunniff reported on the groundbreaking for the Connexion broadband utility. Councilmember Martinez reported on Poudre Fire Authority's Mike Gavin's retirement party and the Mayor's Summit on Entrepreneurship presentation. Councilmember Stephens reported on the Behavioral Health Summit. Councilmember Gutowsky reported on the Connexion groundbreaking and the Mayor's Entrepreneur Summit. • DISCUSSION ITEMS 14. Consideration of Two Appeals of the Administrative Hearing Officer Decision to Approve the Hansen Farm Project Development Plan PDP170036. (Hearing Officer Decision Upheld) The purpose of this item is to consider two appeals of the December 13, 2018, Administrative Hearing Officer decision to approve the Hansen Farm Project Development Plan, PDP170036 (the “Decision”). On December 20, 2018, an appeal by Thomas Barlow was filed challenging the Decision (Appeal No. 1). On December 27, 2018, a second appeal by Christopher McElroy was filed challenging the Decision (Appeal No. 2). Appeal No. 1 - Thomas Barlow Appeal No. 1 includes the following ground for appeal: Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically: • Failure to properly interpret and apply Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan (“FCR Area Plan”), as adopted under Resolution 98-54 and amended by the Fort Collins City Council. Appeal No. 2 - Christopher McElroy Appeal No. 2 includes the following grounds for appeal: 1. The Hearing Officer failed to conduct a fair hearing, in that: • The Hearing Officer considered evidence relevant to its findings, which was substantially false or grossly misleading. 2. Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically: • Failure to properly interpret and apply Policy FC-LUF-5 of the FCR Area Plan, as adopted under Resolution 98-54 and amended by the Fort Collins City Council. It is noted that the Applicant is represented by Carolynne White and her law firm, Brownstein Hyatt Farber and Schreck (BHFS). BHFS and Ms. White are also Council to the Fort Collins Urban Renewal Authority and its Board, which includes all seven members of the City Council and two additional members. Mayor Troxell outlined the hearing process. March 5, 2019 City of Fort Collins Page 74 Councilmember Summers stated he has filed a conflict of interest on this item as his house is in close proximity to the new development. Mayor Troxell noted Carolynne White and her firm, Brownstein, Hyatt, Farber and Shreck, are representing the applicant in these appeals. Ms. White also represents the Fort Collins Urban Renewal Authority; however, Mayor Troxell stated her participation in this proceeding does not create any bias. Councilmember Cunniff stated that, while he is not happy about the situation, he does not feel it impacts his ability to be objective in this matter and consider the appeal strictly on its merits. City Attorney Daggett stated this item is a hearing of two appeals filed by parties-in-interest seeking Council review of an administrative hearing officer decision that approved the project development plan for Hansen Farm under the Land Use Code. She outlined the grounds of appeal for both appeals. Chris McElroy identified himself as an appellant. Tom Barlow identified himself as an appellant. Carolynne White identified herself as counsel representing the applicant and introduced Jeff Mark, principal of the applicant's entity. Mayor Troxell stated he is consolidating both appeals for this hearing and outlined the time allocation for each party. Tom Leeson, Community Development and Neighborhood Services Director, discussed the location of the project, noting it is the first phase of a multi-phase project. As approved, the low- density, mixed-use project contains 178 single-family units and associated infrastructure with primary access from South Timberline. Leeson discussed the appeal allegations and noted the project complies with the LMN zoning standards and applicable general development standards in the Land Use Code and is consistent with the related policies in the Fossil Creek Area Plan and City Plan. Mr. McElroy stated he has concerns with Ms. White's representation but noted it has been addressed by Council. Mr. Barlow stated Ms. White has attorney/client privilege with Council as well as with the applicant. City Attorney Daggett clarified the Urban Renewal Authority, which is represented by Ms. White, is a separate governmental body from the City of Fort Collins and Councilmembers would not have had any dialogue with Ms. White regarding this matter. Ms. White stated she consulted with ethics and conflicts counsel prior to undertaking this representation and confirmed the analysis that because the URA is a separate legal entity from the City, there is no legal conflict. Additionally, she has not had any conversations in public or private about this project with any members of Council. March 5, 2019 City of Fort Collins Page 75 Mayor Troxell discussed the policy relating to the admittance of new evidence and noted Mr. McElroy submitted new evidence to the City Clerk related to his fair hearing allegation. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to allow the new evidence in order to ensure Council has as much information as possible. Ms. White stated she would not object to the inclusion of the new evidence, but she would like to ensure the new evidence is not being offered in support of a new basis for appeal and requested the Willow Springs site plan be acknowledged as the official record of measurements rather than the Google Earth measurements provided by the appellants. Mr. McElroy noted their measurements were provided partially by engineers. The vote on the motion was as follows: Yeas: Horak, Troxell, Cunniff, Gutowsky, Stephens and Martinez. Nays: none. THE MOTION CARRIED. (Secretary's Note: The Council took a brief recess at this point in the meeting.) Mr. Barlow stated he has marked the areas on the Willow Springs site plan that have been replatted subsequent to the site plan dates. Ms. White offered no objection to the inclusion of this information. Mr. McElroy objected to Ms. White being counsel for the developer. APPELLANT PRESENTATION Mr. McElroy stated his intention is not to stop this development, but rather to ensure its compliance with appropriate Codes. He requested Council send the PDP back for further review given the abrupt transition between Willow Springs and the proposed project. One of his points of contention with the Hansen Farms development is the claim by City staff that the Land Use Code overrides everything from the Fossil Creek Area Plan. Mr. McElroy noted the hearing officer had eight comments and questions about compatibility in the verbatim transcript; however, none of those were mentioned in the staff summary. Mr. Barlow stated the focus of his appeal is the Fossil Creek Area Plan section relating to a new development complimenting the established patterns of buildings and outdoor spaces along the edge of the existing development with no drastic and abrupt increase in the size of buildings or intensity of building coverage. He also noted if the provisions of the Land Use Code conflict with any other resolution, the more specific standard, limitation, or requirement shall govern or prevail to the extent of the conflict; therefore, the provisions of the Fossil Creek Area Plan should take priority as they are more specific. Mr. Barlow stated Mr. Wray acknowledges in his comments that the Fossil Creek Area Plan is more specific policy direction and continues to state the Land Use Code provides the regulatory basis for plan compliance; however, he failed to acknowledge the Land Use Code calls for the more specific regulations to apply. March 5, 2019 City of Fort Collins Page 76 Mr. Barlow noted the hearing officer stated she finds it impossible to know whether the building sizes and coverages are compatible because they have yet to be submitted to the City. He requested Council reverse the hearing officer's decision and remand it for further review. APPLICANT PRESENTATION Ms. White requested Council deny the appeals and uphold the hearing officer's decision. She stated the PDP conforms with the Fossil Creek Area Plan, the hearing officer did not grant too much authority to staff, and the applicant provided accurate and appropriate information during the approval process. She noted the approval contains conditions requiring staff to address whether the next stages are in conformance with the Fossil Creek Area Plan. Ms. White described the project and noted it contains 10 acres of natural habitat buffer with extensive landscaping and open space. She stated the projects should be compared as a whole and not simply based only on the edges and noted the Land Use Code does not require specific home size information at the PDP stage. Ms. White discussed the similarities of Willow Springs and the proposed Hansen Farms development noting compatibility does not mean “the same as” and discussed the development of the site plan to place higher densities away from the Willow Springs site in response to residents’ concerns. Ms. White stated the appellants have not met their burden in demonstrating that the hearing officer acted improperly and requested Council uphold the hearing officer's decision and allow the Hansen Farms project to proceed to the next step in the process, at which it will be determined whether or not compatibility exists based on those additional conditions imposed by the hearing officer. APPELLANT REBUTTAL Mr. McElroy stated the vicinity maps provided by Ms. White were incorrect. Mr. Barlow stated the project should not only be required to meet the Land Use Code, but the Fossil Creek Area Plan in addition, and any conflict between the two should be resolved by applying the Area Plan. He stated a wall of homes is being created by the development and Willow Springs does not want a wall on its border. APPLICANT REBUTTAL Ms. White clarified the definition of density noting it is calculated on a per acre basis throughout the entire project. She stated the development complies with the Code and the hearing officer's decision should be upheld. (Secretary's Note: The Council took a brief recess at this point in the meeting.) COUNCIL DISCUSSION Councilmember Cunniff noted the PDP is part of an overall set of development steps and asked for a summary of those steps. Leeson replied projects of this magnitude go through a project development plan, which is a land use approval process involving a complete review by staff of certain required documents for compatibility with City Plan and the Land Use Code. Staff then March 5, 2019 City of Fort Collins Page 77 makes a recommendation to the decision maker. If approved by the decision maker, the applicant would submit a final development plan which is much more technical and detailed and is approved administratively with no appeal process. The next step would be review of building permits for individual lots, which are also reviewed administratively for compliance with zoning and setback standards. Councilmember Cunniff asked when the condition regarding compatibility with the Fossil Creek Area Plan would be considered. Leeson replied it would be considered at the time of the final development plan during which the subdivision would be reviewed for consistency with the zoning. Councilmember Cunniff asked how long the area has been zoned LMN. Pete Wray, Senior Planner, replied the Hansen Farm property was annexed in 2013 and zoned a combination of LMN, MMN, and Neighborhood Commercial. Councilmember Cunniff asked if it would be highly unlikely any new development would be zoned RL. Leeson replied in the affirmative. Councilmember Martinez requested clarification as to who makes the recommendation to the decision maker. Leeson replied it is a collective process of many City staff who review a project relative to underlying standards. Leeson stated a resulting staff report is written by a planner, reviewed by the development review manager and himself, and forwarded to the decision maker. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, that the Hearing Officer conducted a fair hearing in her consideration of the Hansen Farm PDP #170036 and did not consider evidence relevant to her decision that was substantially false or grossly misleading, and further, that based on the evidence in the record and presented at this hearing, the allegation in the McElroy appeal that the officer did not conduct a fair hearing is thereby found to be without merit and is denied. Councilmember Cunniff stated he would support the motion as he did not see any indication that the information that was considered was outside the bounds of what was necessary to make the decision. Councilmember Stephens stated the zoning allows for what has been proposed and there was adequate public input to which the developer responded. RESULT: HEARING OFFICER CONDUCTED A FAIR HEARING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to uphold the decision of the hearing officer approving the Hansen Farm PDP#170036 as she properly interpreted and applied the relevant provisions of the Land Use Code cited in the appeal notice, and further, that based on the evidence in the record and presented at this hearing, the combined appeal is thereby found to be without merit and is denied. March 5, 2019 City of Fort Collins Page 78 Councilmember Cunniff stated the 2013 zoning decision is key, and though he can sympathize with the appellants, the land was annexed and zoned LMN; therefore, the developer is required to meet a certain density. RESULT: HEARING OFFICER DECISION UPHELD [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers 15. Items Relating to Appropriations for the I-25/Prospect Interchange and Police Regional Training Campus. (Adopted as Amended on Second Reading) A. Second Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the General Fund for the I-25/Prospect Interchange and Authorizing the Transfer of Appropriations from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the Transportation Capital Expansion Fund for the I-25 and Prospect Interchange and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the General Fund for the Police Regional Training Campus and Authorizing the Transfer of Appropriations from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. These Ordinances, unanimously adopted on First Reading on February 19, 2019, appropriate the lease financing proceeds received from the Certificates of Participation for the I-25/Prospect Interchange and Police Regional Training Campus, respectively. Travis Storin, Accounting Director, stated there has been a staff-recommended increase in the appropriation of $103,600, which results in a lower overall borrowing cost for the City. City Attorney read the resulting changes of both ordinances. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 030, 2019 as amended, on Second Reading. Councilmember Cunniff stated the change makes sense financially. RESULT: ORDINANCE NO. 030, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 031, 2019 as amended, on Second Reading. March 5, 2019 City of Fort Collins Page 79 RESULT: ORDINANCE NO. 031, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 16. Items Relating to Outdoor Residential Wood Burning. (Adopted as Amended on First Reading) A. First Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins Pertaining to Nuisances. B. First Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to Increase Staffing for Outdoor Residential Wood Burning Program Support. The purpose of this item is to modify the current air pollution nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires. Changes proposed include decriminalization, a midnight curfew and a property line setback for outdoor wood burning. Additionally, resources in the form of an 0.25 FTE increase, are being requested to support education, outreach and compliance with the code. Jeff Mihelich, Deputy City Manager, stated staff is recommending the adoption of ordinances to address outdoor residential burning. Ordinance No. 042, 2019, provides much more specificity in the Code that will allow enforcement of outdoor residential burning and Ordinance No. 043, 2019, allows for the enactment of a very aggressive pilot program with a heavy emphasis on education. Cassie Archuleta, Environmental Sustainability Manager, discussed the public engagement efforts and noted smoke is particle pollution, which is an air quality and nuisance concern. The current air pollution nuisance code speaks to smoke, comfort, health, and enjoyment of property; however, it is difficult to enforce. Proposed updates that would help with enforcement include decriminalizing the offense which lowers the burden of proof and operational requirements such as a midnight curfew and 15-foot property line setback. Archuleta discussed the proposed educational aspects and providing resources to help facilitate neighbor-to-neighbor conversations. The first year will be used as a pilot for evaluation. The Air Quality Advisory Board and Natural Resources Advisory Board both supported the proposed changes but asked staff to consider air quality advisory day bans. Adam Eggleston expressed concern this ordinance would not be enforceable. Margit Henstchel thanked staff for working on this issue. She stated her preference would be a ban on outdoor burning, but suggested a 9 PM curfew at the latest, a complaint response and enforcement that is appropriately staffed across nights and weekends, and to not use a counting of the number of complaints, but rather science, to measure the issue. Michelle Haefele stated the ordinance, as proposed, still prioritizes the recreational activity over health concerns. She stated nighttime enforcement should occur, the 15-foot setback will not address smoke, and agreed an earlier curfew would be preferable. She also suggested particulates rather than complaints should be measured and opposed a permit system. Aaron Fodge stated residential wood smoke code enforcement should protect all neighbors and their right to breath clean air on their property. He encouraged a stronger ordinance. March 5, 2019 City of Fort Collins Page 80 Mike Knowles questioned the ability of the City to enforce this ordinance if staff is not available to actually witness a violation of the ordinance. Councilmember Martinez asked how staff arrived at the midnight curfew. Mihelich replied staff felt that was a reasonable standard knowing Council would want to have additional conversations on the issue. Councilmember Stephens asked what time the City's noise ordinance begins. Jody Hurst, Assistant City Attorney, replied there is no specific time and the noise ordinance is enforced based on the time of day; however, there are certain zones where construction and decibel-related noises are time limited. Councilmember Cunniff asked about the origin of the 15-foot setback. Mihelich replied that is consistent with the fire code for setbacks from combustibles. Councilmember Cunniff asked about high pollution advisory days in the summer. Archuleta replied staff is unaware of any community with a fire pit ban on summer high pollution advisory days. Councilmember Cunniff requested a cost estimate for night and weekend code compliance staff prior to Second Reading. City Manager Atteberry replied he would provide the information; however, there is an argument to be made that this type of enforcement is not appropriate for a code compliance officer. Councilmember Gutowsky stated citizens are concerned about being able to open their windows in the evening and stated a 9 PM curfew would provide a good compromise to address that issue and supported the idea of a co-responding team of a code enforcement officer and police officer. Councilmember Gutowsky suggested the education component should include information as to what materials are appropriate to burn. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance No. 042, 2019, on First Reading, as amended to change references from City staff to City Council, to change the curfew hours to 9 PM through 7AM, and to change the setback to 25 feet rather than 15 feet. Councilmember Martinez asked how staff will ensure a ticket is issued to the proper resident. City Attorney Daggett replied that will be examined prior to Second Reading; however, staff does not want to defeat the purpose of the ordinance by making it unintentionally more difficult to enforce. Councilmember Martinez stated he did not support the 9 PM curfew, but could support 10 PM. Councilmember Cunniff replied that would allow windows to be opened earlier for residents without air conditioning allowing for better sleep. Councilmember Martinez made a motion to amend, seconded by Councilmember Stephens, to change the curfew time to 10 PM. Mayor Pro Tem Horak stated he would support the amendment noting a great deal of data will be collected over the next year. March 5, 2019 City of Fort Collins Page 81 Councilmember Stephens stated she has heard from a number of residents who do not want any regulations; therefore, compromise and communication among neighbors are key components. The vote on the motion to amend was as follows: Yeas: Summers, Martinez, Horak, Troxell, Gutowsky and Stephens. Nays: Cunniff. THE MOTION CARRIED. Councilmember Stephens encouraged concentrating education efforts on CSU off-campus housing. Mayor Pro Tem Horak encouraged concentrating education efforts on Neighborhood Night Out and the CSU campus welcome events. RESULT: ORDINANCE NO. 042, 2019, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 043, 2019, on first reading, as amended to change references from City staff to City Council. RESULT: ORDINANCE NO. 043, 2019, ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • Motion to Extend the Meeting Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the rules to extend the meeting past 10:30 to consider the remaining agenda items. Mayor Pro Tem Horak requested information as to which items do not need to be considered this evening. City Manager Atteberry replied Item No. 21, Second Reading of Ordinance No. 032, 2019, Amending Article IV of Chapter 3 of the Code of the City of Fort Collins to Create Entertainment District No. 1, is the most time-sensitive issue. Mayor Pro Tem Horak supported addressing Item Nos. 19-21. Councilmembers Cunniff and Gutowsky accepted that amendment to the motion. March 5, 2019 City of Fort Collins Page 82 RESULT: ADOPTED [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Susan Gutowsky, Councilmember AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Martinez RESULT: WITHDRAWN 19. Second Reading of Ordinance No. 027, 2019, Designating the Farrington Property, 322 Edwards Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted on Second Reading) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, adopted on First Reading by a vote of 6-0 (Stephens recused) designates the Farrington Property, 322 Edwards Street, as a Fort Collins Landmark for its Classic Cottage architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. Councilmember Stephens withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 027, 2019, on Second Reading. RESULT: ORDINANCE NO. 027, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Gutowsky, Troxell, Cunniff, Horak RECUSED: Stephens 20. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. (Postponed to March 19, 2019) A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a “Dismount Zone” for Any Form of Conveyance. Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays: Summers) amends City Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. Mayor Troxell asked if there is a way for scooter riders to alert pedestrians they are passing. Tessa Greegor, FC Moves, replied the providers could be alerted to the need for bells. Mayor Troxell suggested the RFP not consider revenue sharing as a criterion. Greegor replied staff is still working through development of a fee structure but revenue sharing can be removed if that is Council's preference. March 5, 2019 City of Fort Collins Page 83 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 028, 2019, on Second Reading. Councilmember Martinez asked about prohibiting scooters from riding in crosswalks. Chris VanHall, Assistant City Attorney, replied the City has the power to make riders dismount at crosswalks if there is a traffic signal that directs that. Councilmember Martinez requested and received Council support to include a directive that all scooters must dismount at crosswalks. Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to postpone consideration of Ordinance No. 028, 2019 to March 19 to allow staff time to return with information related to crosswalk dismounting. RESULT: ORDINANCE NO. 028, 2019, POSTPONED TO MARCH 19, 2019 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to postpone consideration of Ordinance No. 029, 2019 to March 19. RESULT: ORDINANCE NO. 029, 2019, POSTPONED TO MARCH 19 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 21. Second Reading of Ordinance No. 032, 2019, Amending Article IV of Chapter 3 of the Code of the City of Fort Collins to Create Entertainment District No. 1. (Adopted on Second Reading) This Ordinance, adopted on First Reading on February 19, 2019 by a vote of 5-2 (Nays: Cunniff, Gutowsky) establishes Entertainment District No. 1, located along North College between Jefferson and Pine Street, and along Jefferson Street between College and Linden Street. An entertainment district is a defined area containing no more than 100 acres and at least 20,000 square feet of existing liquor licensed premises. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 032, 2019, on Second Reading. Councilmember Gutowsky stated she now has the information she feels she needs to make an informed vote and that the Entertainment District appears to be well-planned and safe. She asked if there will be an opportunity for live music. Tyler Marr, Policy and Project Manager, replied music events are planned; however, the applicant does not intent to seek variances from the noise ordinance and will stop any music at 9 PM. March 5, 2019 City of Fort Collins Page 84 RESULT: ORDINANCE NO. 032, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff • OTHER BUSINESS Councilmember Martinez requested and received Council support to reexamine the U+2 ordinance. Councilmember Cunniff stated he would not support that at this time and suggested the upcoming Council could take that on as part of its work plan. Mayor Pro Tem Horak agreed there is not time for this Council to fully examine the issue; however, data can begin to be collected. Councilmember Gutowsky requested and received Council support to examine updating the City's land use regulations to include a section on oil and gas, if it does not exist. Councilmember Cunniff stated the Legislative Review Committee needs to examine a recent senate bill which would give authorizing legislation for municipalities to do something along those lines. If it passes, the future Council would have some options to begin to tailor land use regulations. Mayor Pro Tem Horak noted Fort Collins has one operator and the main issue here is the air that comes from other places to here. • ADJOURNMENT The meeting adjourned at 11:07 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 85 March 19, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 7, Items Relating to the Affordable Housing Board and the Community Development Block Grant Commission, has been withdrawn and the title of the Resolution for Item No. 14, Resolution 2019-035 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the Nature in the City Program, has been amended. • PUBLIC COMMENT Melanie Potyondy, Women's Commission, thanked Councilmembers for their service and collaboration with the Women's Commission. Eric Sutherland stated there has been incompetence in the City's broadband effort and infrastructure should be installed in conjunction with new development. He suggested Council appoint a commission to oversee the process. William Montgomery discussed his arrest near the former Jefferson Park and stated he was on a sidewalk, not in the park. The wrong park boundary map was used. Pete Penoyer expressed support for Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. Dr. Rob Colbert discussed the officer-involved death of Jeremy Holmes. Mary Kemmer stated there is potential for Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances to assist in water overages but some information as to the City's vision moving forward would be helpful. Kathleen Benedict, Poudre Heritage Alliance Executive Director, thanked the City for its support of the upcoming Poudre Pour event. Carl Wangsvick questioned whether barring City employees from participating in City elections violates First Amendment rights. March 19, 2019 City of Fort Collins Page 86 Ray Burgener discussed Burgener Trucking, a family-owned business, and opposed the proposed amendment to pay Council full-time salaries. William Cutcher thanked Council, fire and police officers for their service and discussed the proposed Keep Fort Collins Great tax extension. He encouraged Council to work at bringing higher paying jobs to the community. Susan Holmes stated she is running for the City Council District 2 seat on the platform of police reform. She discussed an ongoing lawsuit she has against CSU and stated there is a great deal of corruption in the city. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Martinez requested staff address Mr. Wangsvick’s concerns and review the documents he referenced for conflicting information. City Attorney Daggett stated the City Charter has a prohibition on City employees and other entities directly or indirectly contributing to assisting in the election or defeat of any candidate. Additionally, there is a personnel policy that helps interpret this provision for employees. She noted there are First Amendment protections for political speech and activities; however, there are cases supporting the ability of employers to restrict those activities in order to protect the interests of the employer. City Manager Atteberry noted these restrictions are in place in order to ensure the highest level of credibility for municipal elections but are not meant to take away the rights of employees. Councilmember Cunniff noted the employer is not just the City of Fort Collins, but rather the citizens of Fort Collins. Mayor Troxell requested follow-up regarding the implementation of the water allotment management program. Liesel Hans, Water Conservation Manager, replied staff has been working on the roll-out of the program and has been pursuing grant funding to supplement the proposed funding. This year will be the application year, with waivers beginning next year for up to three years moving forward, depending on the proposed project. Mayor Pro Tem Horak asked if staff is working with large entities such as Columbine Health. Hans replied staff has worked with Columbine over the years. Abbye Neel, Water Conservation Specialist, stated she has communicated with a number of customers and, while the focus has been on HOAs, there are a number of businesses with large irrigated areas that have received the same outreach and information as the HOAs. Councilmember Martinez clarified the Keep Fort Collins Great tax measure is not an increase above existing taxes. Councilmember Stephens thanked Mr. Cutcher for his thoughtful comments. March 19, 2019 City of Fort Collins Page 87 • CONSENT CALENDAR Mayor Troxell noted Item Nos. 6, Public Hearing and First Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments, and 13, First Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, include public hearings. Eric Sutherland withdrew Item Nos. 3, Second Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins- Loveland Water District, 9, First Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing, and 11, Items Relating to Platte River Power Authority Organic and Power Supply Contracts, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 036, 2019, Reappropriating Funds Previously Appropriated in 2018 But Not Expended and Not Encumbered in 2018. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, reappropriates monies in 2019 that were previously authorized by City Council for various expenditures in 2018 for various purposes. The authorized expenditures were not spent or could not be encumbered in 2018 because: • there was not sufficient time to complete bidding in 2018 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies, • the project for which the dollars were originally appropriated by Council could not be completed during 2018 and reappropriation of those dollars is necessary for completion of the project in 2019, or • to carry on programs, services, and facility improvements in 2019 with unspent dollars previously appropriated in 2018 In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund balances at the end of 2018 and reflect no change in Council policies. 2. Second Reading of Ordinance No. 037, 2019, Making Amendments to the Land Use Code Planned Unit Development Regulations. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, amends the Land Use Code Planned Unit Development (PUD) regulations to clarify the vested rights process and who is eligible to seek an amendment to an approved PUD Master Plan. March 19, 2019 City of Fort Collins Page 88 3. Second Reading of Ordinance No. 039, 2019, Authorizing the Sale of Seven Water Taps and One Sewer Tap Owned by the City's Natural Areas Department. (Adopted) This Ordinance, unanimously adopted on First Reading on March 5, 2019, authorizes the sale of seven water taps and one sewer tap. The taps were acquired with various parcels purchased by the City’s Natural Areas Department over the last decade or so. The Department has no use for the taps and recommends selling them and using the proceeds for land conservation. Additionally, the taps have monthly fees costing the Department approximately $1,425 per year. The Department checked with the Affordable Housing Land Bank to ascertain its interest prior to placing the taps on the market. The Affordable Housing Land Bank does not have a use for the taps at this time. 4. First Reading of Ordinance No. 046, 2019, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from Bloomberg Philanthropies for Capitalization of the EPIC Efficiency Loan Program. (Adopted) The purpose of this item is to appropriate $100,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, into the Fort Collins Utilities Light and Power fund for the purposes of continued capitalization of the EPIC Loan program. 5. Public Hearing and First Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments. (Adopted) The purpose of this item is to adopt the 2018 International Fire Code (“IFC”), as amended. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved the IFC and is requesting it be adopted as amended. Poudre Fire Authority (“PFA”) is responsible for the enforcement and administration of the IFC within the City. PFA routinely reviews new codes, proposes local amendments, and seeks adoption of the IFC changes by the City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the City Code. There were a few significant changes to the IFC, including provisions related to mobile food vendors, higher education laboratories, plant material processing and extraction (cannabis), mobile fueling service, energy systems and the retroactive installation of fire suppression systems in eating and drinking establishments with an occupant load in excess of 299. A proposed City Code amendment mandates at least one means of egress (stairs) be provided in buildings under construction that exceed one story in height. 6. Items Relating to the Affordable Housing Board and the Community Development Block Grant Commission. (Withdrawn) A. First Reading of Ordinance No. 048, 2019, Amending Chapter 2, Article III, Division 11 of the Code of the City of Fort Collins Regarding the Community Development Block Grant Commission. B. First Reading of Ordinance No. 049, 2019, Amending Chapter 2, Article III, Division 2 of the Code of the City of Fort Collins Regarding the Affordable Housing Board. The purpose of this item is to amend the Code of the City of Fort Collins to update the authorized duties, functions and name of the Community Development Block Grant (CDBG) Commission, as well as the membership requirements and authorized duties and functions of the Affordable Housing Board. These Code updates will specifically address the advisory roles of the CDBG Commission and Affordable Housing Board to include City staff and other entities. Additionally, the CDBG Commission would be renamed to the Social Investment Commission, and its authority to make funding recommendations would be modernized to include the diverse funding sources within its grant making purview. The Affordable Housing Board’s membership requirements would be amended to express a preference for having at least one member who lives or has lived in affordable housing. March 19, 2019 City of Fort Collins Page 89 7. First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. (Adopted) The purpose of this item is to consider an Ordinance that gives discretion to the Utilities Executive Director to provide qualified customers a temporary waiver from Excess Water Use (EWU) surcharges for up to three years, provided the customer participates in the proposed Allotment Management Program (AMP) to implement a project that permanently reduces the customer’s water use by managing landscape water use to an existing allotment. The Ordinance and supporting program create a solution for a specific group of customers that were highly impacted by changes to the Water Supply Requirements (formally Raw Water Requirements) adopted in September 2017 and implemented in 2018. 8. First Reading of Ordinance No. 052, 2019, Amending Article I of Chapter 6 of the Code of the City of Fort Collins Regarding Cable Communications Systems. (Adopted) The purpose of this item is to amend the City Code provisions related to cable television franchises, which have not been modified since they were first adopted in 1978, to update them and make them consistent with the current language of the City Charter and applicable federal law. 9. First Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. (Adopted) The purpose of this item is to authorize conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. 10. First Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Newman Property, 1019 West Mountain Avenue, for its early twentieth-century vernacular architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 11. Resolution 2019-035 Authorizing the City Manager to Execute a Governmental Agreement Between the City and Poudre School District for the Nature in the City Program. (Adopted) The purpose of this item is to authorize the City of Fort Collins Nature in the City Program to enter into a governmental agreement with the Poudre School District. The Agreement sets the terms by which Poudre School District and The City of Fort Collins Nature in the City Program will collaborate to build outdoor educational program spaces, called Learning Habitats, at District schools. These Learning Habitats will provide engaging outdoor features that connect students to nature, create functional micro-habitat for local wildlife, increase academic achievement, and drive community engagement. March 19, 2019 City of Fort Collins Page 90 12. Resolution 2019-036 Naming the Poudre River Whitewater Park Pedestrian Bridge in Honor of the Graham Family. (Adopted) The purpose of this item is to approve a proposed donor recognition concept for the pedestrian bridge at the Poudre River Whitewater Park. Jack and Ginger Graham have provided a generous donation in the amount of $1 million toward the construction of the pedestrian bridge, which more than covers the cost of the $700,000 bridge that is part of the Project. The Grahams have requested the pedestrian bridge be named the “Graham Family Bridge” in order to honor their family. • END CONSENT • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak commended the water allotment management program and requested staff provide a follow-up memo regarding outreach to business entities. He also commented on Item No. 15, Resolution 2019-036 Naming the Poudre River Whitewater Park Pedestrian Bridge in Honor of the Graham Family, noting the bridge will be installed tomorrow. Councilmember Summers commented on Item No. 8, First Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances, commending the Water Utility conservation staff for its work. Councilmember Stephens requested updates moving forward on Item No. 12, First Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area, and stated Item No. 14, Resolution 2019-035 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the Nature in the City Program, is a good news item. She also thanked the Graham Family for their donation for the pedestrian bridge. • STAFF REPORTS A. Staff report: Community Dashboard Metric: Golf Courses-Total Cumulative Participation. (staff: Mike Calhoon) Tyler Marr, Policy and Project Manager, discussed the performance indicator metrics and stated this metric is from the Culture and Recreation outcome area. Mike Calhoon, Parks Director, discussed municipal golf course participation, stating the goal is to provide 80,000 golf rounds per year in order to be on firm financial footing. Despite being 2,700 rounds short of that goal this year, the program was still able to put $70,000 in reserves. He discussed a survey of golfers at each of the three courses, finding respondents’ views of course conditions to be good to excellent and a good value. Calhoon discussed involvement with Audubon, International and stated the City has three of only 36 courses in Colorado that are certified as Audubon-cooperative sanctuaries. This requires the courses to have a high degree of environmental quality in seven different areas, including fertilization and water conservation. The fertilization program is 70% organic and each course contains weather monitoring stations which provide data allowing for optimal water conservation. March 19, 2019 City of Fort Collins Page 91 Calhoon stated a Golf Manager will be reinstated in 2019 as a result of the budgeting process and a regional marketing campaign with Greeley and Loveland will be launched. Additionally, the irrigation systems at City Park Nine and Southridge will be redesigned in 2019. Councilmember Martinez asked which of the City's courses has the heaviest associated costs. Calhoon replied Southridge has the heaviest burden of cost due to its antiquated irrigation system. Councilmember Stephens asked about outreach to community members who may not usually have the opportunity to play golf. Calhoon replied staff has been working with Poudre School District on a “5 th grade plays free” program. There is also a golf program for children through the Recreation Department and the reduced rate program applies to that. Councilmember Gutowsky asked if there are ways to mitigate the presence of geese. Calhoon replied geese are a federally protected species; therefore, permission from Colorado Parks and Wildlife and the City's Police Chief is required to do hazing on the geese with dogs and coyote decoys. B. Staff report: Human Services Grant Process Improvements (staff: Adam Molzer) Adam Molzer, City Grants and Community Partnerships Coordinator stated the competitive human services grant process is administered annually to award grant funding to human services and affordable housing programs in Fort Collins. Molzer discussed improvements and efficiencies that have been applied to the grant process including the implementation of a scorecard for the CDBG Commission to evaluate and rank grant proposals and the suspension of in-person presentations. Councilmember Summers commended the improvement goal of determining priorities and asked about the process for determining those priorities. Molzer replied the current priorities are established in the Social Sustainability strategic plan. Moving forward, there is a goal to create a Human Services strategic plan that would involve Council and community engagement. Councilmember Summers suggested programs addressing substance abuse in the community would be well-advised. Councilmember Stephens thanked staff for bringing this item forward and noted the decisions made by the CDBG Commission are difficult. She supported the improvements. Councilmember Cunniff commended the improvement efforts and thanked the CDBG Commission for its work. He stated the process should be more intentional as needs continue to grow. He requested future follow-up regarding conflict of interest guidelines for CDBG Commission members. Mayor Troxell commended the improvement efforts. City Manager Atteberry stated the clearer Council is about its priorities, the easier proper alignment of outcomes will occur. March 19, 2019 City of Fort Collins Page 92 • COUNCILMEMBER REPORTS Councilmember Cunniff reported on the National League of Cities meeting in Washington, D.C. and thanked the Youth Advisory Committee members who attended. Mayor Troxell also reported on the National League of Cities meeting. Councilmember Stephens reported on a juvenile justice reform session she attended at National League of Cities. Mayor Pro Tem Horak provided an update on I-25 construction and reported on the Boxelder Basin Regional Stormwater meeting. Councilmember Gutowsky reported on the ribbon cutting ceremony for the new 24-Hour Fitness facility and revitalization of the Mulberry and College intersection. Councilmember Summers commended the new 24-Hour Fitness facility and congratulated Councilmember Gutowsky for her participation. • DISCUSSION ITEMS 13. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. (Adopted on Second Reading) A. Second Reading of Ordinance No, 028, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. Second Reading of Ordinance No. 029, 2019, Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a “Dismount Zone” for Any Form of Conveyance. Ordinance No. 028, 2019, adopted on First Reading on February 19, 2019 by a vote of 6-1 (nays: Summers) amends City Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Ordinance No. 029, 2019, unanimously adopted on First Reading on February 19, 2019, amends Traffic Code to allow for signage designating areas of the city as a dismount zone for all forms of conveyance, including e-scooters. When discussing this item on March 5, Councilmembers requested that staff forward an amendment to City Traffic Code to require operators of shared mobility devices including e-scooters to dismount their conveyances at crosswalks regardless of whether there is a traffic control device requiring them to do so, which is the only situation under which an operator must dismount under current City Traffic Code. To make this amendment, Council will need to move to amend Ordinance No. 029, 2019, to add the following to the end of Section 3: “A person riding a shared mobility device or toy vehicle shall dismount before entering any crosswalk.” Paul Sizemore, FC Moves Manager, stated these two ordinances, on Second Reading, are the first step in the process of developing a framework for shared mobility E-scooters, along with a parallel process to develop a request for proposal. March 19, 2019 City of Fort Collins Page 93 Amanda Mansfield, FC Moves, discussed the two ordinances and a Council-requested amendment to one of the ordinances to require crosswalk dismount for E-scooters. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 028, 2019, on Second Reading. Councilmember Cunniff stated these regulations are important and supported the ordinance. RESULT: ORDINANCE NO. 028, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 029, 2019, as amended to require dismount in crosswalks, on Second Reading. Mayor Pro Tem Horak asked about the education component of the E-scooter rollout. Mansfield replied there will be a strong partnership with the provider to provide coordination on events, education and outreach. Councilmember Gutowsky asked which company will be providing the scooters. Mansfield replied that will result from the request for proposal (RFP) process and one company will be selected. Councilmember Gutowsky asked about helmet suggestions. Mansfield replied there will be educational components strongly encouraging helmet use and she has been in contact with some of the companies about providing helmets. Councilmember Stephens asked about CSU's participation. Mansfield replied CSU has been an involved partner from the beginning of the process and will be involved in administering the RFP. Councilmember Martinez asked if the City's crosswalk dismount requirements would apply to campus. City Attorney Daggett replied generally, Fort Collins traffic and public welfare laws do apply on campus. Councilmember Martinez asked if there are plans for public outreach informing citizens about the impending E-scooter arrival. Mansfield replied in the affirmative. Councilmember Martinez thanked CSU for partnering on this issue. RESULT: ORDINANCE NO. 029, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak March 19, 2019 City of Fort Collins Page 94 14. Items Relating to Electrical Assisted Bicycles. (Adopted on First Reading) A. First Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. First Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. The purpose of this item is to present two Ordinances for Council consideration to implement a one- year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (“e-bikes”) on City paved trails. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e- bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. In addition to the two Ordinances relating to the e-bike pilot program, an Ordinance is presented to update the City Traffic Code to remove the outdated term “motorized bicycle”. Paul Sizemore, FC Moves Director, stated this item would launch a one-year pilot program to allow electric-assist bicycles on paved trails within the city. Tessa Greegor, FC Bikes Program Manager, stated the first ordinance under consideration relates to the proposed E-bike pilot program allowing Class I and II E-bikes on paved trails for a one-year pilot program. The second ordinance would replace the term “motorized bicycle” with the term “low-power scooter” in the City's Traffic Code. Greegor stated Class I and II E-bikes provide electric assistance up to 20 miles per hour. Class I E-bikes require the rider to be pedaling to get the assist where as class II E-bikes do not have that requirement. Most Colorado municipalities allow E-bikes on paved trails and discussed the recommendation made by the Bicycle Advisory Committee and Transportation Board. Additionally, all other boards and commissions which have evaluated the proposal have recommended support for the pilot project, with the exception of the Land Conservation and Stewardship Board which suggested the pilot program only apply to class I E-bikes and not on trails in Natural Areas and the Commission on Disability which did not support the pilot. Greegor discussed the planned evaluation methods and stated staff would return with a summary of that data prior to the expiration of the trial period. Josh Kerson stated he builds E-bikes and discussed their recent rise in popularity, noting they are available in some form at nearly every bike shop in town. The City needs to embrace these emerging technologies and supported the ordinances. Rich Stave questioned various aspects of E-bike use including the lack of insurance and license requirements and the lack of reporting locations for negative interactions. He stated the allowed speed is too high. Councilmember Gutowsky asked how fast a regular cyclist can go. Greegor replied the average speed is 12 miles per hour; however, a cyclist can go much faster than that on a regular bike. March 19, 2019 City of Fort Collins Page 95 Councilmember Gutowsky asked if the E-bikes would top out at 20 miles per hour. Greegor replied that is the miles per hour at which the electric assistance ceases, though they can go faster. She stated staff is planning to utilize speed snapshots of traditional bike users and E-bike users during the pilot project. Councilmember Gutowsky expressed concern about the speeds and asked if the E-bikes make noise. Greegor replied they are typically relatively quiet. Councilmember Martinez stated he uses an electric bike and traditional bikes pass him all the time. He stated the majority of users seem to be older riders who use the electric assist to get up hills. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 045, 2019, as amended to remove class II E-bikes, on First Reading. Councilmember Martinez stated he would not support the motion excluding class II. Councilmember Cunniff stated any user who must have assistance can already use a class II E- bike. He stated it would be easier to start the pilot smaller and expand. Councilmember Stephens asked if someone has to prove a disability. Sizemore replied verbal statements from riders are accepted. Councilmember Martinez asked if there have been issues with crashes in other communities. Greegor replied other communities that conducted pilot programs did not have crashes reported. Councilmember Summers asked how class I E-bikes can be differentiated from class II. Greegor replied they are required to be labeled; however, that may be difficult to see. It could be obvious if someone is not pedaling and is still receiving electric assistance. Councilmember Summers stated he did not see the need for an ordinance and supported allowing both types of E-bikes. Councilmember Martinez made a motion, seconded by Councilmember Summers, to amend the motion to include class II E-bikes. Mayor Pro Tem Horak noted not all accidents may get reported and discussed the already crowded trails. He questioned the plan to collect pre-data based on the fact the ordinance would not go into effect until April 26 and the pilot is to start May 1. Councilmember Cunniff stated he would not support the amendment and questioned support of the original motion as individuals who need the E-bikes can already use them. Mayor Troxell stated he would support the amendment and stated bike safety and etiquette are more important than the kind of bike. Councilmember Stephens expressed concern individuals may not necessarily have a disability but may need the electric assistance and asked if data regarding buyers' ages exists. Greegor replied she would need to collect that data. Councilmember Martinez opposed rangers asking riders if they are disabled. March 19, 2019 City of Fort Collins Page 96 Councilmember Gutowsky stated her concerns have been alleviated and asked if there will be periodic reports throughout the year. Greegor replied staff can provide those. The vote on the amendment was as follows: Yeas: Gutowsky, Stephens, Martinez, Summers and Troxell. Nays: Cunniff and Horak. THE MOTION CARRIED. Councilmember Cunniff stated he would not support the motion with class II E-bikes included and expressed concern about adding an increasing number of motorized vehicles to the trail system, which was adopted as a recreational system. Mayor Pro Tem Horak noted all E-bikes can be used on streets. He asked why there has not been an online survey prior to the pilot. Greegor replied the primary instrument proposed to be used prior to the implementation of the pilot are trail intercept surveys. She stated an online survey could be utilized. Mayor Pro Tem Horak questioned how data collected during the pilot project could be usefully compared to data collected prior to the pilot. Greegor replied the trail intercept survey is designed to be the more robust survey with data being collected at key locations prior to the pilot project and again during the pilot project at the same locations. She stated the online survey during the pilot is intended to be brief. Mayor Pro Tem Horak noted the Commission on Disability was opposed to this and expressed concern about the number of people on trails and the speeds. RESULT: ORDINANCE NO. 045, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 041, 2019, on First Reading. RESULT: ORDINANCE NO. 041, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 15. Items Relating to Outdoor Residential Wood Burning. (Adopted on Second Reading) A. Second Reading of Ordinance No. 042, 2019, Amending Chapter 20 of the Code of the City of Fort Collins Pertaining to Nuisances. B. Second Reading of Ordinance No. 043, 2019, Appropriating Prior Year Reserves in the General Fund to Increase Staffing for Outdoor Residential Wood Burning Program Support. March 19, 2019 City of Fort Collins Page 97 These Ordinances, unanimously adopted on First Reading on March 5, 2019, modify the current air pollution nuisance Code provision to make it more enforceable for smoke impacts from outdoor residential wood fires. Code changes proposed include decriminalization, a curfew and a property line setback for outdoor wood burning. Between First and Second Reading, staff reviewed and revised the wording of the new Code language and clarifying changes are noted in the Ordinance. Additionally, resources in the form of an 0.25 FTE increase, are being requested to support education, outreach and compliance with the Code. Deputy City Manager Jeff Mihelich stated this item, if adopted on Second Reading, would allow the decriminalization of outdoor nuisance burning, instate a 25-foot property line setback, and establish a 10 PM curfew. Cassie Archuleta, Environmental Services, detailed the proposed property line setback and possible options for 24-hour response, including a fire and police response and after-hours code compliance staff. Penny Laviolette objected to the 10 PM curfew, stating outdoor evening fires provide valuable experiences. Rich Stave stated the 25-foot setback could be too restrictive and questioned why there are not similar restrictions on barbeques. Adam Eggleston stated anecdotal evidence he has heard involves not changing regulations and increasing communication. He questioned what type of dialogue has occurred with police and fire regarding possible code violation response. Margit Hentschel discussed the Fort Collins air quality forum during which wood smoke statistics were discussed and indicated exposure to one campfire for an hour is equivalent to inhaling 600 cigarettes. She requested a minimum 15-foot setback, a ban on burning during high-pollution days, and 24-hour enforcement. Councilmember Cunniff asked about the status of the high-pollution day issue. Archuleta replied this would be more related to a particle pollution day, and the proposal is to offer outreach for voluntary compliance. Councilmember Martinez expressed concern that the 25-foot setback is too restrictive and stated an 11 PM curfew is more reasonable. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 042, 2019, as amended to change the 25-foot setback to 15 feet, on Second Reading. Councilmember Cunniff stated the rights of people to enjoy outdoor fires do not trump the rights of residents to enjoy their property smoke-free. An earlier curfew makes sense in order to allow residents without air conditioning to open windows. He supported option 2. Councilmember Martinez asked how many complaints were issued in 2018. Archuleta replied there were approximately 120. Councilmember Martinez asked what time of day most fires were dealt with by the Poudre Fire Authority. Tom DeMint, Poudre Fire Authority Chief, replied most are at night, anecdotally; however, he did not have exact data. March 19, 2019 City of Fort Collins Page 98 Councilmember Stephens stated she supported the 15-foot setback due to the map showing 25- foot setbacks are restrictive. Councilmember Stephens asked if there are some City resources for neighbor mitigation. Archuleta replied there is a free neighborhood mediation service, which is part of the outreach for this issue. Mayor Pro Tem Horak noted this is about ensuring the residents who are not burning solid wood are not adversely affected and the voluntary system has not worked. RESULT: ORDINANCE NO. 042, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 043, 2019, on Second Reading. Councilmember Cunniff stated he would like staff to return with information on funding option 2 to provide 24-hour code enforcement officers. Councilmember Martinez asked if there are consequences for repeat calls for fire authority assistance. City Attorney Daggett replied she would need to return with information on that. RESULT: ORDINANCE NO. 043, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 16. Resolution 2019-034 Establishing an Ad Hoc Committee Known as the Direct Reports Compensation Committee. (Adopted as Amended) The purpose of this item is to establish an ad hoc committee to review compensation practices for Council direct report employees. Council may also choose to appoint Councilmembers to the committee. Theresa Roche, Chief Human Resources Officer, stated Council has been committed to compensating employees in a manner that is market-based, competitive, and understandable in order to attract and retain highly qualified, competitive talent. Council has expressed interest in developing an ad hoc Council committee to examine the philosophy, market, and benchmark cities in order to provide guidance for these positions going forward. If adopted, it is anticipated the committee would meet 8 to 10 times and subsequently provide a recommendation for the full Council. Councilmember Cunniff expressed concern about developing a pay policy for the three direct reports, but stated he would support developing strategies. Councilmember Stephens stated she would be interested in serving on the committee. March 19, 2019 City of Fort Collins Page 99 Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-034, as amended to delete references to "policy" and replacing them with "strategy" as appropriate, and inserting Mayor Troxell and Councilmembers Stephens and Gutowsky as committee members. Mayor Pro Tem Horak stated this is a good committee as benchmark cities have never been formally identified. He agreed with Councilmember Cunniff's wording change. RESULT: RESOLUTION 2019-034 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 17. Resolution 2019-037 Setting a Time Frame and Giving Policy Direction Regarding the Consideration of Digital Billboard Regulations. (Adopted) The purpose of this item is to establish a time frame for City Council to hear an ordinance regarding Digital Billboard Regulations. Tom Leeson, Community Development and Neighborhood Services Director, stated this Resolution sets a time frame and policy direction regarding digital billboards. Noah Beals, Senior City Planner, detailed the contents of the Resolution and noted digital billboard regulations were separated from the Sign Code update in order to allow additional consideration of those regulations. The proposed time frame would place an ordinance before Council on digital billboard regulations by September 3 rd , and within that time, public outreach would occur. The ordinance would include a replacement ratio and identify a public process for reviewing a digital billboard application. Rich Stave discussed the size of digital billboards and stated there should be a limit on brightness intensity and motion. Sarah Mercer, counsel for Lamar Advertising, thanked staff for working on this project and supported the Resolution. John Walker questioned who determines what static billboards are being removed and whether they have to be completely down prior to digital billboards being constructed. He also questioned how billboard leases are being dealt with. Councilmember Gutowsky stated this appears to be rushed and requested information as to the history of the item. Mayor Pro Tem Horak replied Council has been dealing with this issue for eight years. The City purchasing billboards has been the only way they have been eliminated and that is an expensive undertaking. Councilmember Martinez requested staff take Mr. Walker's comments into account in their research. Councilmember Cunniff expressed concern about the directive to bring back an ordinance given the new Council will want to create its own work plan. March 19, 2019 City of Fort Collins Page 100 Councilmember Summers commented on the unsightliness of the billboards along East Mulberry and suggested it should be dealt with rather than pushed along for another number of years. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-037. Mayor Pro Tem Horak stated, though he wants this to occur, this may not be a priority for the new Council. He suggested it be an item for the new Council to consider at its retreat. Councilmember Martinez stated the new Council could consider it whether or not this Resolution passes. RESULT: RESOLUTION 2019-037 ADOPTED [5 TO 2] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Troxell, Horak NAYS: Gutowsky, Cunniff 18. Resolution 2019-038 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer’s Decision Approving the Hansen Farm Project Development Plan PDP170036. (Adopted) The purpose of this item is to make findings of fact and conclusions of law regarding the appeals of the Hansen Farm Project Development Plan PDP170036. The hearing for the appeals was held March 5, 2019. Councilmember Summers recused himself from consideration of the appeals. Councilmember Summers withdrew from the consideration of this item due to a conflict of interest. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-038. RESULT: RESOLUTION 2019-038 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak RECUSED: Summers 19. Items Relating to the Downtown Rezoning and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. (Adopted on First Reading) Part A of this item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. A. Public Hearing and First Reading of Ordinance No. 057, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Downtown Rezoning. B. First Reading of Ordinance No. 058, 2019, Amending the Land Use Code Relating to Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. March 19, 2019 City of Fort Collins Page 101 The purpose of this item is to consider a City-initiated request to rezone 467 acres into an expanded Downtown (D) zone district and to amend interrelated Land Use Code sections that together address design standards for Downtown and the Neighborhood Conservation Buffer (“NCB”) transition areas that interface between downtown and the predominantly single-family housing within the Old Town Neighborhoods. Cameron Gloss, Long-Range Planning Manager, stated these two actions would help implement the 2017 Downtown and Old Town Neighborhoods Plans. The first expands the footprint of the Downtown (D) District to coincide closely with the Downtown Development Authority boundary. There are currently three sub-districts within the Downtown and the expanded area will have nine sub-districts that reflect unique character in each area. The character of the streets themselves crosses the boundaries of all sub-districts. Gloss discussed the public process and board and commissions input. One of the main points of contention was building heights. He detailed the proposed building heights and contextual step backs. Gloss discussed the proposed changes for the Neighborhood Conservation Buffer (NCB) District which provides the transition between the Downtown and single-family portions of Old Town neighborhoods. Mayor Troxell noted part of this item is quasi-judicial and will be considered per those requirements. City Attorney Daggett suggested Council could opt to suspend the rules and move straight to the normal process for taking public testimony and moving forward. Mayor Troxell did not receive any objection from Councilmembers to move forward as normal. Eric Sutherland discussed various aspects of the development review process and stated it does not work for the people who live here. Mark Williams, Downtown Development Authority Board of Directors, supported the proposed changes. Matt Robenault, Downtown Development Authority Executive Director, supported the proposed changes and thanked City leadership and staff for providing a community engagement process during the development of these amendments. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 057, 2019, on First Reading. Councilmember Martinez commended the staff work on this item. Councilmember Gutowsky commented on the unique nature of the Downtown zone. Mayor Troxell commended the staff work on this item and the resulting changes. March 19, 2019 City of Fort Collins Page 102 RESULT: ORDINANCE NO. 057, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Troxell closed the hearing for part A. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 058, 2019, on First Reading. Councilmember Cunniff expressed concern about the prescribed buffer in the Oxbow area. Gloss replied the habitat and protection buffer standards of Section 3.4.1 are not intended to be superseded, but staff will carefully examine that prior to Second Reading. Councilmember Stephens thanked staff for seeking input from the Buckingham neighborhood. RESULT: ORDINANCE NO. 058, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • Motion to Continue past 10:30 PM Councilmember Martinez made a motion, seconded by Councilmember Stephens, to adjourn the meeting. City Attorney Daggett stated a motion to take on additional items now that it is past 10:30 PM would be necessary to accomplish needed scheduling items; however, that motion could be narrow enough just to accomplish those items listed under Other Business. Councilmember Stephens withdrew her second; therefore, the motion failed for lack of a second. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to suspend the rules to extend the meeting past 10:30 PM to consider Item Nos. 3, 9, and 11 and Other Business with the intent to adjourn to the Water Enterprise Utility Board. RESULT: ADOPTED [6 TO 1] MOVER: Ross Cunniff, District 5 SECONDER: Gerry Horak, District 6 AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Martinez March 19, 2019 City of Fort Collins Page 103 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 20. Second Reading of Ordinance No, 038, 2019, Authorizing the Mayor to Execute the First Amendment to the Intergovernmental Agreement for Water Treatment Service Capacity Between the City of Fort Collins, Colorado, and the Fort Collins-Loveland Water District. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on March 5, 2019, amends the existing agreement signed in 2013 between the City and the Fort Collins–Loveland Water District (FCLWD) concerning FCLWD’s acquisition of 5 million gallons per day of water treatment capacity at the City’s Water Treatment Facility. The proposed amendment to the 2013 Agreement will allow for FCLWD to make an early payment of the entire outstanding principal associated with the financing of the Plant Investment Fee. The City, FCLWD, and their respective enterprises were all parties to the 2013 Agreement. The amendment thus likewise must be approved by both City Council and the City of Fort Collins Water Utility Enterprise Board. The FCLWD Board and the FCLWD Enterprise Board approved the proposed amendment on Tuesday, February 19, 2019. Eric Sutherland stated Council is not following Charter provisions regarding the authority of Enterprise Boards. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 038, 2019, on Second Reading. RESULT: ORDINANCE NO. 038, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 21. First Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing. (Adopted on First Reading) The purpose of this item is to amend City Code to create a limited exception to the competitive bid and purchasing process for the purchase of video content licensing and services, as needed for delivery of video services by Fort Collins Connexion. To provide video services, Fort Collins Connexion must secure license agreements with local channels, national networks, and independent content producers. While most video content will be acquired through membership in the National Cable Television Cooperative (NCTC), there are some channels, groups of channels, and networks that will require direct individual license negotiations. Eric Sutherland questioned why the City is in the business of purveying video content. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 051, 2019, on First Reading. Councilmember Cunniff asked if the purpose of this ordinance is to increase the potential subscriber base. Coleman Keane, Fort Collins Connexion Executive Director, replied that is correct and bundled service is key. March 19, 2019 City of Fort Collins Page 104 RESULT: ORDINANCE NO. 051, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak 22. Items Relating to Platte River Power Authority Organic and Power Supply Contracts. (Adopted on First Reading) A. First Reading of Ordinance No. 053, 2019, Authorizing an Amended and Restated Organic Contract with Platte River Power Authority. B. First Reading of Ordinance No. 054, 2019, Authorizing an Amended and Restated Contract with Platte River Power Authority for the Supply of Electric Power and Energy. The purpose of this item is for City Council to consider the request by Platte River Power Authority (Platte River) to extend and amend the Organic Contract between Fort Collins, Loveland, Longmont, and Estes Park (the member cities); and the Power Supply Agreement between Fort Collins and Platte River Eric Sutherland questioned when any other legislative body has adopted a contract or legislative enactment by acting on the same issue twice. He stated Enterprise business should be done while convened as Council. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 053, 2019, on First Reading. Mayor Pro Tem Horak stated this is a good news item in moving forward toward a carbon-free future. RESULT: ORDINANCE NO. 053, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 054, 2019, on First Reading. Mayor Pro Tem Horak thanked Jason Frisbee, Platte River Power Authority's CEO, and his staff and commended the change in direction at PRPA over the last few years. RESULT: ORDINANCE NO. 054, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak March 19, 2019 City of Fort Collins Page 105 • OTHER BUSINESS Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Horak, to continue the meeting not only for the Water Utility but also for the Electric Utility meeting. Yeas: Summers, Cunniff, Horak, Troxell, Gutowsky and Stephens. Nays: Martinez. THE MOTION CARRIED. • Consideration of a motion to cancel the regular Council meeting of Tuesday, April 2, 2019 for the Municipal Election. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to cancel the regular Council meeting of Tuesday, April 2, 2019, for the Municipal Election. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak • ADJOURNMENT • Consideration of a motion to adjourn to 6:00 p.m., Tuesday, March 26, 2019. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM on Tuesday, March 26, 2019, for consideration of a possible executive session and for such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak The meeting adjourned at 11:07 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 106 March 26, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron 1. Resolution 2019-039 Approving a Construction and Purchase Agreement for Condominium Units Consisting of Two Floors of a New Water Laboratory Building to be Constructed by RMI2 Properties, LLC at the Innosphere Site on East Vine Drive. (Adopted) The purpose of this item is to request approval of a Construction and Purchase Agreement (“C&P Agreement”) pursuant to which the City’s Water and Wastewater Utilities will acquire condominium units consisting of two floors containing approximately 17,600 gross square feet (the “City Units”) of a new water laboratory building containing approximately 26,764 gross square feet (the “new building”) to be constructed by RMI2 Properties, LLC (“RMI2” or “Developer”) at the RMI2 site located at 320 East Vine Drive (“Innosphere”). Utilities currently operates two separate laboratories which are in separate buildings and which have not been significantly renovated since the 1980s. Costs associated with construction and acquisition of the new City Units are currently estimated based on conceptual plans at approximately $11.5 million, plus equipment for the City Units and decommissioning cost for a total of $13.5 million, to be split evenly between the Water Fund and the Wastewater Fund. The proposal for the New Building in partnership with RMI2 stems from the completion of a laboratory master plan funded in the 2017/2018 Budgeting for Outcomes (“BFO”) process. Construction of a new facility is currently included in the Utilities Capital Improvement Plan (“CIP”). Funding for preliminary design of the facility is included in the 2019/2020 City Council adopted budget. Carol Webb, Water Resources and Treatment Director, stated this project involves a state-of-the- art lab facility to be constructed in partnership with RMI2, or Innosphere. The project involves future funding appropriations of approximately $10.5 million from the water and wastewater funds. The project is located at 320 East Vine on a parcel just west of the current Innosphere facility. Webb stated a master plan completed in 2018 concluded a new facility was needed to meet City objectives for laboratory space and a partnership with Innosphere met all objectives at a lower cost. The partnership is in the form of a construction and purchase agreement to design and construct a facility with three separate condominium units with the City's units on the first and second floors. The City has the option to purchase the third unit in eight years. Eric Sutherland stated this does not comply with the City Charter in terms of competitive bidding; sub-contracting is not what was intended to be competitive per that provision. He opposed the initial City participation in the Innosphere project. Rich Stave discussed the Water Board's dialogue related to this item and brought up questions asked by Boardmembers. March 26, 2019 City of Fort Collins Page 107 Councilmember Martinez asked how the lease would end. Webb replied this is an ownership model; therefore, the City will own its two units once a certificate of occupancy is issued. The City could sell its two units in the future. Councilmember Cunniff requested a staff response to the Water Board questions. Webb replied one of the questions was related to the location of the facility compared to the two treatment facilities. She noted this laboratory primarily focuses on finish water testing and this location provides better access to sample sites. Demolition costs are part of the estimates. Councilmember Cunniff asked if the funds are currently available in reserves. Webb replied in the affirmative. Councilmember Cunniff asked if there is a scheduling advantage to working with Innospere. Webb replied in the affirmative. Mayor Pro Tem Horak asked about the Charter provision mentioned by Mr. Sutherland. Judy Schmidt, Senior Assistant City Attorney, replied the Charter provision is intended to cover provisions in which the City hires a contractor to build a city improvement; this will not be a city improvement until the units are purchased. Mayor Pro Tem Horak suggested the inclusion of a whereas clause to address the issue. City Attorney Daggett replied staff may want to return April 16 with a resolution addressing the $400,000 obligation. Councilmember Cunniff stated he cannot support this item. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-039. Mayor Pro Tem Horak noted this provides a timing advantage and monetary savings. He expressed concern about parking but supported the project overall. Councilmember Stephens stated this is the best option for the cost and therefore the best option for rate payers. Councilmember Gutowsky stated she will support the motion given the cost effectiveness of the project and ability to include the City's goals in construction. Councilmember Cunniff stated he does not completely trust the cost/benefit analysis and expressed concern this has been rushed. City Manager Atteberry replied the need for this facility has been documented for several years; however, there has been some need to move forward due to work that has already occurred on Innosphere's part. Councilmember Cunniff agreed with the master plan and benefits of owning a lab; however, he suggested a short-term program could be utilized while other alternatives are considered. City Manager Atteberry stated the partnership and collaboration aspects are important. March 26, 2019 City of Fort Collins Page 108 Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to table this item until Item Nos. 2 and 3 are completed. Yeas: Cunniff, Horak, Troxell, Gutowsky, Stephens, Martinez and Summers. Nays: none. THE MOTION CARRIED. • Consideration of a Motion to go into Executive Session. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City Council go into executive session for the purpose of meeting with the City attorneys and City management staff to discuss the following matters as permitted under City Charter, Article 2, Section 11, City Code, Section 2-31(A)(2), and Colorado Revised Statute Section 24-6-402(4)(b): specific legal questions related to pending litigation regarding the City's public nudity ordinance and the manner in which particular policies, practices or regulations of the City related to the public nudity ordinance may be affected by existing or proposed provisions of federal, state or local law. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak (Council went into executive session at this point and returned at 7:31 p.m.) 4. Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City’s Public Nudity Ordinance. (Adopted) The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City’s public nudity ordinance. Rich Stave questioned recreational aspects of nudity and stated freedom of assembly is important to preserve. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to authorize and direct the City Attorney to take initial steps to preserve the City's right to seek review by the U.S. Supreme Court of the U.S. 10 th Circuit Court of Appeals recent decision on the City's public nudity litigation while also exploring settlement of the litigation and continuing with the litigation if no settlement is reached. Councilmember Martinez stated he would support the motion despite his opinion this is postponing an issue this Council should be addressing. Mayor Pro Tem Horak disagreed and stated this is keeping options open for the next Council. Councilmember Stephens stated she would not support the motion as she does not want to spend City funds to further pursue litigation. Councilmember Summers commented there are several states under the 10 th Circuit Court of Appeals; therefore, this decision will have far reaching impacts. Councilmember Gutowsky supported taking extra time to consider options. March 26, 2019 City of Fort Collins Page 109 Mayor Troxell stated he would support the motion. RESULT: MOTION ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Stephens • Return to Discussion of Resolution 2019-039 Approving a Construction and Purchase Agreement for Condominium Units Consisting of Two Floors of a New Water Laboratory Building to be Constructed by RMI2 Properties, LLC at the Innosphere Site on East Vine Drive. (Adopted) Mayor Troxell reintroduced the item per the motion to table. City Attorney Daggett presented new Resolution language which documents Council's concern about the procurement process, that the agreement requires the developer to use competitive bidding for sub-contracts and materials, discusses the relationship of the Charter to the larger real estate transaction and addresses the initial payment as an exception to the competitive purchase process. Mayor Pro Tem Horak and Councilmember Stephens accepted the language as part of the main motion. Councilmember Cunniff stated the language addresses his concern about the indirect purchasing; however, he stated he would not support the motion given the analysis of alternatives. He suggested standardizing the cost/benefit analysis process in the future. RESULT: RESOLUTION 2019-039 ADOPTED AS AMENDED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Horak NAYS: Cunniff • ADJOURNMENT The meeting adjourned at 7:56 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 110 April 16, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew Item Nos. 10, Items Relating to Downtown Rezone and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas, and 19, Resolution 2019-044 Approving a Cooperation Agreement Between the City and the Fort Collins Urban Renewal Authority for Sharing the City's Property and sales tax Increment Under the College & Drake Urban Renewal Plan, from the Consent Agenda. • PUBLIC COMMENT Eric Sutherland opposed the use of tax increment financing in Fort Collins and stated the law is being abused. Morgan Sweeka discussed the lack of resources available to local youth aging out of the foster care system, particularly related to affordable housing. Kathryn Dubiel stated there were unintended consequences of the recent municipal election. She discussed the potential later swearing in of the new Council based on recount criteria and delayed certification based on new requirements. She suggested the recount request period should be limited to two days to allow Council to be seated at the next regular meeting after the election and that the recount not be allowed to take 15 days. Dennis Gatlin, Boxelder Sanitation District Board of Directors Chair, expressed concern about the entity that will be used for sanitation service for the Montava development. He noted the development is within the District's service area and the District has the immediate ability to begin serving it. He discussed the importance of the City and District working together to create positive, long-term results that meet common goals for the community. Kelly Evans, Neighbor to Neighbor, discussed the Fair Housing Act and importance of equitable and affordable housing. Jackson Hafner commented on the negative effects of plastic bags and straws on the environment and suggested a tax on their use. Susan Kirkpatrick thanked Councilmember Martinez for his service on Council and commented on Mayor Pro Tem Horak's time on Council. April 16, 2019 City of Fort Collins Page 111 • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Summers expressed appreciation for the comments related to youth aging out of the foster care system. Councilmember Cunniff stated he has requested additional information from the Housing Catalyst Director on how it serves the community of youth aging out of the foster care system. Mayor Pro Tem Horak encouraged the citizens who spoke regarding youth to speak to the County Commissioners. He requested an update regarding Montava and discussions with the Boxelder Sanitation District. He noted staff had a meeting with Boxelder to ensure the two entities are working together. Mayor Pro Tem Horak and Councilmember Stephens commended Mr. Hafner on his comments. Councilmember Stephens thanked Ms. Evans for her comments and stated she will be attending the Women's Health Panel. Councilmember Martinez thanked Ms. Kirkpatrick for her comments and commended her service to the city. Mayor Pro Tem Horak thanked Ms. Kirkpatrick for her comments. • CONSENT CALENDAR Eric Sutherland withdrew Item No. 5, Second Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the February 19, 2019 Regular Council Meeting and the February 26, 2019 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the February 19, 2019 Regular Council meeting and the February 26, 2019 Adjourned Council meeting. 2. Second Reading of Ordinance No. 046, 2019, Appropriating Unanticipated Grant Revenue in the Light and Power Fund from Bloomberg Philanthropies for Capitalization of the Epic Efficiency Loan Program. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, appropriates $100,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor’s Challenge, April 16, 2019 City of Fort Collins Page 112 into the Fort Collins Utilities Light and Power fund for the purposes of continued capitalization of the Epic Loan Program. 3. Second Reading of Ordinance No. 047, 2019, Amending Chapter 9 of the Code of the City of Fort Collins and Adopting by Reference the 2018 International Fire Code, with Amendments. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, adopts the 2018 International Fire Code (IFC), as amended. The International Code Council (ICC) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved the IFC and is requesting it be adopted as amended. Poudre Fire Authority (PFA) is responsible for the enforcement and administration of the IFC within the City. PFA routinely reviews new codes, proposes local amendments, and seeks adoption of the IFC changes by the City Council. The proposed amendments, developed in conjunction with the local Fire Code Review Committee, include several changes to the City Code. There were a few significant changes to the IFC, including provisions related to mobile food vendors, higher education laboratories, plant material processing and extraction (cannabis), mobile fueling service, energy systems and the retroactive installation of fire suppression systems in eating and drinking establishments with an occupant load in excess of 299. A proposed City Code amendment mandates at least one means of egress (stairs) be provided in buildings under construction that exceed one story in height. 4. Second Reading of Ordinance No. 050, 2019, Authorizing an Annual Water Allotment Management Program by Amending Section 26-129 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive All or Part of the Excess Water Use Surcharge for Certain Qualifying Customers in Limited Circumstances. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, gives discretion to the Utilities Executive Director to provide qualified customers a temporary waiver from Excess Water Use (EWU) surcharges for up to three years, provided the customer participates in the proposed Allotment Management Program (AMP) to implement a project that permanently reduces the customer’s water use by managing landscape water use to an existing allotment. The Ordinance and supporting program create a solution for a specific group of customers that were highly impacted by changes to the Water Supply Requirements (formally Raw Water Requirements) adopted in September 2017 and implemented in 2018. 5. Second Reading of Ordinance No. 052, 2019, Amending Article I of Chapter 6 of the Code of the City of Fort Collins Regarding Cable Communications Systems. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, amends the City Code provisions related to cable television franchises, which have not been modified since they were first adopted in 1978, to update them and make them consistent with the current language of the City Charter and applicable federal law. 6. Items Relating to Platte River Power Authority Organic and Power Supply Contracts. (Adopted) A. Second Reading of Ordinance No. 053, 2019, Authorizing an Amended and Restated Organic Contract with Platte River Power Authority. B. Second Reading of Ordinance No. 054, 2019, Authorizing an Amended and Restated Contract with Platte River Power Authority for the Supply of Electric Power and Energy. These Ordinances, unanimously adopted on First Reading on March 19, 2019, extend and amend the Organic Contract between Fort Collins, Loveland, Longmont, and Estes Park (the member cities of Platte River Power Authority); and the Power Supply Agreement between Fort Collins and Platte River Power Authority. April 16, 2019 City of Fort Collins Page 113 7. Second Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. (Adopted) This Ordinance, unanimously adopted on First Reading on March 19, 2019, authorizes conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. 8. Second Reading of Ordinance No. 056, 2019, Designating the Newman Property, 1019 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on March 19, 2019, designates the Newman Property, 1019 West Mountain Avenue, as a Fort Collins landmark, for its early twentieth-century vernacular architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 9. First Reading of Ordinance No. 059, 2019, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. (Adopted) The purpose of this item is to appropriate $667,926, of which $240,792 is proposed for 2019 Cultural Development and Programming Activities (Fort Fund), $28,558 is proposed for 2019 Tourism Programming (Fort Fund), and $398,576 is proposed for 2019 Convention and Visitors Program activities, from a combination of Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on actual collections. Lodging tax revenue collected in 2018 was $569,394 above projected collections. 10. First Reading of Ordinance No. 060, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Suniga Road Improvements Project and Related Art in Public Places. (Adopted) The purpose of this item is to appropriate $170,550 into the Capital Project Fund for the Suniga Road Improvements Project. The City collected these funds as payment in lieu for a development’s local street frontage improvements associated with Suniga Road. In addition, this item will authorize the transfer of $1,705, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will construct Suniga Road to the City’s four-lane arterial roadway standards between North College Avenue and Blondel Street as identified on the City’s Master Street Plan. Improvements include raised, protected bike lanes, pedestrian facilities, transit facilities, utility infrastructure, roadway improvements, and landscaped medians and parkways. The project will complement the existing section of Suniga Road, providing connectivity for surrounding developments from North College April 16, 2019 City of Fort Collins Page 114 Avenue to Redwood Street. This project was approved during the 2017/2018 Budgeting for Outcomes (BFO) process and will be constructed this year. 11. First Reading of Ordinance No. 061, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Willow Street Improvements Project and Related Art in Public Places. (Adopted) The purpose of this item is to appropriate $435,000 of Downtown Development Authority (DDA) funds, $40,364 of Transportation Capital Expansion Fee (TCEF) funds, and $4,439 of Transportation Reserves into the Capital Project Fund for the Willow Street Improvements Project. In addition, this item will authorize the transfer of $4,755, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This project will design and construct roadway and urban design improvements along Willow Street between North College Avenue and Linden Street, including a pedestrian plaza at the northern corner of Willow Street and Linden Street. The overall project budget is $4.3 million, and construction is scheduled to begin in the summer 2019. This project was approved through the Community Capital Improvements Program (CCIP) tax initiative. 12. First Reading of Ordinance No. 062, 2019, Amending Chapter 2 of the Code of the City of Fort Collins to Establish Council Expectations Regarding Action by Boards and Commissions and Member Participation. (Adopted) The purpose of this item is to provide guidelines on board or commission member participation that require members not to abstain in items they are participating in; an abstain vote will be treated as a yes vote. Conflict of Interest guidelines continue as they currently exist. 13. Resolution 2019-040 Approving an Art Project for the Willow Street Project and Approving Expenditures from the Art in Public Places Water Utility Account to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program (Adopted) The purpose of this item is it to approve expenditures from the Art in Public Places (APP) Reserve Account and APP Water Utility Account to commission an artist to create art for the Willow Street Project. The expenditures of $343,365 will be for design, materials, signage, fabrication, delivery, and contingency for Andrew Dufford of Chevo Studios to create the art for the Willow Street Project. 14. Resolution 2019-041 Authorizing the Execution of an Intergovernmental Agreement Between the City and Larimer County for the Construction of a Traffic Signal at State Highway 1 and Douglas Road. (Adopted) The purpose of this item is to approve an intergovernmental agreement (IGA) between the City and Larimer County for the construction of a traffic signal at State Highway 1 and Douglas Road. The Colorado Department of Transportation awarded the County a Federal Highway Safety Improvement Program grant in the amount of a total project cost of up to $550,000 for the project. The City and County are collaborating on the project as the City has a long history of working with the County on signals within the Growth Management Area, the overall project costs are lowered if the City builds the signal, and the signal construction will meet City standards making it easier to maintain and operate in the future. City costs for the project are reimbursed through the grant. 15. Resolution 2019-042 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and Poudre School District for the PSD After 3 Program. (Adopted) The purpose of this item is to authorize the City to enter into an intergovernmental agreement (IGA) with the Poudre School District. The Agreement sets the terms by which the City of Fort Collins will contract with the Poudre School District to provide after school and summer enrichment programs for students in six Title I schools in its school system. April 16, 2019 City of Fort Collins Page 115 16. Resolution 2019-043 Approving the Exclusion of Property from Rudolph Farms Metropolitan District Nos. 1-6. (Adopted) The purpose of this item is to approve the exclusion of a small parcel of real property from the boundaries of the Rudolph Farms Metro District Nos. 1-6 (the Districts). The property to be excluded is to be acquired from the current owners and used by the Colorado Department of Transportation (CDOT) for public right-of-way as part of CDOT’s I-25/Prospect Road Interchange construction project. 17. Resolution 2019-045 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's North College Drainage Improvement District Project. (Adopted) The purpose of this item is to present an intergovernmental agreement (IGA) between the City of Fort Collins and the Fort Collins Urban Renewal Authority. The IGA memorializes the terms of acceptance of $300,000 in Authority support for the City’s continued design of the North College Drainage Improvement District (NCDID), including transportation designs for North Mason Street (Alpine Street to Hickory Street), along with Alpine Street, Pinon Street and Hemlock Street (Mason Street to North College Avenue). The 2019 Authority Budget accounted for and appropriated funds for this obligation. In addition, the 2019 City Budget includes additional funding for the Project from two sources in the City: Engineering and Stormwater. On February 27, 2019, the Authority’s Board of Commissioners approved the IGA. 18. Resolution 2019-046 Authorizing an Intergovernmental Agreement Between the Cities of Fort Collins and Loveland, With the Option to Add Greeley, for the Exchange of Judicial Services, and Appointing Temporary Judges. (Adopted) The purpose of this item is to authorize an intergovernmental agreement (IGA) with the City of Loveland for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case. This agreement is intended to replace an existing 2017 IGA between Fort Collins, Loveland and Greeley. The City of Greeley is not included in this IGA due to residency requirements that Greeley currently has in place; however, the Resolution would approve adding Greeley to the IGA if its residency requirements change in the near future. • END CONSENT • STAFF REPORTS Youth Advisory Board Report on National League of Cities Conference. Tyler Marr, City Manager's Office, introduced two Youth Advisory Boardmembers who accompanied Council on their trip to the National League of Cities Congressional Cities Conference. Suhaas Narayanan and Kaustubh Kaushik discussed how they were selected to make the trip and stated their main objective was to collaborate with other youth delegates from across the nation. They discussed meetings they attended both as part of the conference and with the Mayor and City Manager and thanked the City for sending them on the trip. Mayor Troxell thanked Mr. Narayanan and Mr. Kaushik for attending the conference and commended their commitment to service. City Manager Atteberry commended Mr. Narayanan and Mr. Kaushik on their civic engagement. April 16, 2019 City of Fort Collins Page 116 Broadband Status Report. Erin Shanley, Marketing Manager, stated the broadband effort is on schedule and discussed the outlay of infrastructure. She announced Connexion Video, an app-based TV service with cloud DVR, and stated the web site for Connexion is being redeveloped. Shanley stated Connexion will be a sponsor of the Taste of Fort Collins and will be involved in Open Streets. Councilmember Cunniff asked if there will be a newsletter or update service available for the community. Shanley replied in the affirmative. City Manager Atteberry stated the plan is to have the first live customers for Connexion in August. He noted every property within the city will eventually have access to the service. • COUNCILMEMBER REPORTS Mayor Pro Tem Horak reported on the opening of the ozone monitoring station and ozone garden at the Gardens on Spring Creek. He also reported on the Sugar Beet park groundbreaking and stated the Colorado Transportation Commission is meeting tomorrow with a focus on I-25 North and whether they will be giving an extra $250 million toward the project. He stated he will be holding a joint listening session with Councilmember-elect Emily Gorgol at the Senior Center on Thursday. Councilmember Stephens reported on the Teaching Tree groundbreaking, the unveiling of the new Community Chalkboard at the Youth Activity Center in concert with the Youth Advisory Board, a meeting with the Behavioral Health Policy Council, and a discussion around homelessness sponsored by Homeward Alliance. Councilmember Martinez reported on the electric vehicle car show and the Foothills Natural Areas Management Plan display at the Atzlan Center. Councilmember Cunniff reported on the electric vehicle car show and meeting of the Wasteshed Policy Group. Mayor Troxell reported on the Police Services celebration. Councilmember Gutowsky reported on the Carnegie Center for Creativity exhibition on the future plans for City Park and the Sugar Beet Park plans. Mayor Pro Tem Horak commended the City Park event at the Carnegie Center. City Manager Atteberry commented on the lives lost in the Thanksgiving crash. Mayor Troxell commended Councilmembers for their community engagement. • CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 19. Items Relating to Downtown Rezone and Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. (Adopted as Amended on Second R) Part A of this item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. April 16, 2019 City of Fort Collins Page 117 A. Second Reading of Ordinance No. 057, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Downtown Rezoning. B. Second Reading of Ordinance No. 058, 2019, Amending the Land Use Code Relating to Development Standards for the Downtown and Neighborhood Conservation Buffer Transition Areas. These Ordinances, unanimously adopted on First Reading on March 19, 2019, rezone 467 acres into an expanded Downtown (D) zone district and amend interrelated Land Use Code sections that together address design standards for Downtown and the Neighborhood Conservation Buffer (NCB) transition areas that interface between downtown and the predominantly single-family housing within the Old Town Neighborhoods. A response to a City Council question during the First Reading of Ordinance No. 058, 2019 has been provided in the background section. Mayor Troxell noted the hearing for Ordinance No. 057, 2019, was conducted in conjunction with First Reading. Cameron Gloss, Planning Manager, noted there is one change to the height map exhibit to show a four-story height allotment for the Oxbow site. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 057, 2019, on Second Reading. RESULT: ORDINANCE NO. 057, 2019, ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 058, 2019, on Second Reading, as amended. RESULT: ORDINANCE NO. 058, 2109, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 20. Resolution 2019-044 Approving a Cooperation Agreement Between the City and the Fort Collins Urban Renewal Authority for Sharing the City's Property and sales tax Increment Under the College & Drake Urban Renewal Plan. (Adopted) The purpose of this item is to present a Cooperation Agreement to City Council describing the City’s incremental property and sales tax revenue contribution to be allocated to the proposed Drake and College Urban Renewal Plan. The Agreement provides the terms and conditions associated with the City contributing incremental revenue to achieve the objectives of the Plan. It is proposed for this Plan that the City contribute 100 percent of its incremental property tax revenue and 50 percent of the net new incremental sales tax revenue associated with the current general fund rate of 2.25 percent. However, this sales tax increment will be reduced by $405,000 to take into account that a nearby grocery store is to be relocated to the Plan area. The amount of this reduction is an average of the annual sales tax the City collects from the grocery stores and super-centers in the City. April 16, 2019 City of Fort Collins Page 118 Eric Sutherland questioned the change to the Resolution language and stated this is a multiple-year financial obligation that will create an irrevocable pledge of future tax revenues that fall under the purview of future Councils. Mayor Pro Tem Horak requested staff address the language change. Deputy City Attorney John Duvall replied there is no change to the Resolution, just one change to the cooperation agreement itself to remove references related to the Colorado Supplemental Public Securities Act. He stated it is premature to place those references in this particular agreement. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2019-044. RESULT: RESOLUTION 2019-044 ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers • DISCUSSION ITEMS 21. Items Relating to Electrical Assisted Bicycles. (Adopted on Second Reading) A. Second Reading of Ordinance No. 045, 2019, Enacting a Temporary Exemption from Certain Restrictions in Chapter 23 of the Code of the City of Fort Collins to Allow Electrical Assisted Bicycles on Paved Trails in City Natural Area and Recreation Areas. B. Second Reading of Ordinance No. 041, 2019, Amending Section 2106(2)(d) of the Fort Collins Traffic Code Relating to Electrical Assisted Bicycles. Ordinance No. 045, 2019, adopted on First Reading on March 19, 2019 by a vote of 6-1 (Nays: Cunniff) implements a one-year pilot period to allow Class 1 and Class 2 electrical assisted bicycles (e-bikes) on City paved trails. Ordinance No. 041, 2019, unanimously adopted on First Reading, updates the City Traffic Code to remove the outdated term “motorized bicycle”. In response to the growing popularity of e-bikes across the country, and the benefits e-bikes can provide to individuals and communities in terms of health, mobility, and environmental sustainability, staff recommends adoption of Ordinances allowing the use of Class 1 and Class 2 e-bikes on paved trails through a one-year pilot program. E-bikes are allowed on paved trails in most Colorado communities, including neighboring jurisdictions of Larimer County, Boulder County, Loveland, Longmont and Boulder. Eight Fort Collins City boards and commissions have voted in favor of a pilot program to allow e-bikes on paved trails in Fort Collins. Eric Sutherland stated Councilmembers continuously fail to abide by laws as members of Council. Rich Stave thanked Councilmembers for their service and expressed concern relating to there being no age limits, demonstration of competence, or liability requirements for E-bike users. E-bikes already have the use of bike lanes and public streets. Councilmember Cunniff stated no members of Council have violated the law. Mr. Sutherland's assertions of lawlessness are baseless. Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 045, 2019, on Second Reading. April 16, 2019 City of Fort Collins Page 119 RESULT: ORDINANCE NO. 045, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 041, 2019, on Second Reading. RESULT: ORDINANCE NO. 041, 2019, ADOPTED ON SECOND READING [6 TO 1] MOVER: Ray Martinez, District 2 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff 22. Items Relating to Solid Waste Programming and Infrastructure Improvements. (Adopted on First Reading) A. Resolution 2019-047 Authorizing the Execution of an Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. B. First Reading of Ordinance No. 063, 2019 Amending the Code of the City of Fort Collins to Direct Mixed Construction and Demolition Materials to the Future Larimer County Construction and Demolition Waste Processing Facility, Upon Its Completion. The purpose of this item is to consider joining an intergovernmental agreement (IGA) with Larimer County and other Regional Wasteshed Coalition partners for solid waste infrastructure proposed in a 2018 Larimer County Master Plan (Resolution 2019-047), and consider an ordinance directing all mixed loads of construction and demolition waste to a future County-owned sorting facility, once that facility is built (Ordinance No. 063, 2019). The proposed intergovernmental agreement with Larimer County provides a framework for collaboration between the parties that can lead to future infrastructure development. The agreement does not obligate the City to enact any specific policies and consideration of local diversion measures will be based on established principles of stakeholder engagement for innovation. Larimer County is obligated under the IGA to fund and construct new facilities if enough recyclable/compostable material is expected to reach them. Adopting the recommended building code changes would cause Larimer County to begin development of a sorting/recycling facility for construction and demolition waste. Jackie Kozak-Thiel, Chief Sustainability Officer, stated this item represents three years of work on the regional wasteshed effort, which began with the impending closure of the only publicly- owned landfill in northern Colorado. She thanked Mayor Troxell and Councilmember Cunniff for their work on the Policy Advisory Committee. Kozak-Thiel stated there are two items for Council consideration: a resolution that would execute the intergovernmental agreement which represents the final product of this process and a policy that would direct mixed loads of construction and demolition debris to a future facility to be built by Larimer County. April 16, 2019 City of Fort Collins Page 120 Honoré Depew, Project Manager, discussed the process that has resulted in a master plan for solid waste infrastructure that was adopted by Larimer County last December. He stated five facilities are recommended in the first tier of the master plan: a new County landfill to be located in the north part of the County, a central transfer station to continue receiving trash from residents and businesses, composting facilities for yard trimmings and food scraps, and a construction and demolition waste processing and sorting facility. Depew detailed the action items before Council. He noted the Building Code relating to construction and demolition debris would change now; however, it would not become effective until the facility is open. The regulation would apply to the same size of projects as does the current Building Code requiring the separation of four recyclable materials: metal, wood, cardboard, and aggregates. The new system would be an all-in-one bin approach which is expected to lower net costs for builders. Depew noted Larimer County and the City of Loveland have adopted the intergovernmental agreement (IGA), Estes Park is considering it next week, and Wellington is anticipating considering it in the future. He outlined the public involvement process and stated all boards and commissions that provided feedback endorsed the changes. Depew noted all private collection services in the community are critical partners for future solutions and stated seven meetings were held exclusively with haulers to work through their concerns, including future impacts of transfer truck traffic and a suggestion to continue using the current landfill with an expansion to the south. Depew stated the City's traffic engineers have assessed the proposed travel routes and determined the increased traffic to be nominal and there are various reasons the current landfill cannot continue to be used. Alan Braslau, Fort Collins Sustainability Group, supported adoption of these items citing their importance in moving toward the City's climate action goals. Rich Stave expressed concern about extra truck traffic. Nancy DuTeau supported adoption of these items. Victoria Halligan supported adoption of these items as important steps to achieve the 2020 goal of 75% diversion. Kevin Henry, Fort Collins Sustainability Group, commended Mayor Pro Tem Horak on his service and supported adoption of these items. Nancy York supported adoption of these items. Dave Nebble supported adoption of these items noting there is no capital expenditure for the City. Brian Woodruff supported adoption of these items. Kevin Cross acknowledged Mayor Pro Tem Horak and Councilmember Martinez for their service and supported adoption of these items. Mayor Troxell stated the meeting requested by trash haulers was related to basic concerns about truck traffic and some assumptions built in to the current landfill. Questions were answered and he noted the haulers are supportive of the City's goals. Councilmember Cunniff concurred. April 16, 2019 City of Fort Collins Page 121 Councilmember Summers stated the city's haulers are committed to environmental concerns and some of their concerns were related to changes not being in the best interest of the environment. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-047. Councilmember Martinez asked why the City's truck estimates varied from the haulers' estimates. Depew replied the impacts were overstated in terms of the context of the other traffic trips along those roads. Councilmember Martinez asked if the haulers' concerns were alleviated. Kozak-Thiel replied there may be concerns that persist around some of the elements of policies that could come later; however, many issues were clarified and the haulers were satisfied with the outcome related to the transfer truck routes. Councilmember Summers asked about the plan to evaluate the effectiveness of these changes. Deputy City Manager Mihelich replied the information is currently based on projections; however, excellent data will be garnered once the facilities are open as all materials will be weighed. Councilmember Gutowsky asked about the difference between demolition and deconstruction. Depew replied deconstruction is a slower, more intentional process that leads to greater preservation of materials. Councilmember Gutowsky asked if there are plans to market what is gained. Depew replied the materials that would move through the facilities will be marketed under the Larimer County Solid Waste Enterprise Fund. Councilmember Cunniff noted homeowner's associations have the ability to contract with a single provider for these services. Mayor Pro Tem Horak noted a number of the proposed routes are going through residential neighborhoods and encouraged the use of I-25. He recognized Stephen Gilette and other County staff for setting up an appropriate rate structure that has created a fund balance able to fund this project. Councilmember Stephens commented on traffic on Trilby Road and requested that is considered moving forward. Councilmember Cunniff noted this is a legacy project for the region. Mayor Troxell commended the collaboration on this issue. RESULT: RESOLUTION 2019-047 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak April 16, 2019 City of Fort Collins Page 122 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 063, 2019, on First Reading. Mayor Pro Tem Horak acknowledged Brian Woodruff as being the first environmental professional for the City. Mayor Troxell commended this item as falling in line with the City's sustainability efforts and thanked private sector partners. Councilmember Martinez commended the work with the County and thanked Gallegos Sanitation for their participation. RESULT: ORDINANCE NO. 063, 2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 23. Items relating to the Adoption of City Plan and the Transit Master Plan. (Adopted) A. Resolution 2019-048 Adopting an Updated City Plan, the City’s Comprehensive Plan. B. Resolution 2019-049 Adopting the Transit Master Plan. The purpose of this item is to request adoption for two important community vision and policy documents: City Plan and the Transit Master Plan. City Plan is Fort Collins’ comprehensive and transportation master plan, illustrating the community’s vision for the future and providing policy and implementation recommendations to guide development and transportation over the next twenty years. The Transit Master Plan was developed alongside City Plan and provides more specific information on the long-range vision and strategy for transit service in Fort Collins. Staff will provide highlights from both plans including what is new, revised, or reemphasized as compared to the existing version of City Plan adopted in 2011. Staff will also outline key implementation actions and strategies recommended to support the proposed policy direction in both plans. Laurie Kadrich, Planning, Development, and Transportation Director, thanked Council and the community for input and support and commended staff team on its work. Cameron Gloss, Planning Director, noted these changes eliminate the Transportation Master Plan from being a stand-alone document, combines it with the traditional Comprehensive Plan, and adds a companion document specifically for transit, the Transit Master Plan. He noted the number of policies in the document was cut in half while still increasing the scope. Gloss detailed the results of the public outreach process, stating it included a greater emphasis on social aspects of the community. He noted two changes to the Environmental Health section: moving Natural Areas into the category and recognizing Dark Skies protection within the category. Gloss commended the City Plan team on its work. April 16, 2019 City of Fort Collins Page 123 Kevin Jones, Fort Collins Area Chamber of Commerce, recommended Council adopt City Plan but without the recently added section on Dark Skies. He expressed concern about adding the section without it receiving full vetting. Cari Brown, ARC of Larimer County, a community partner in the City Plan effort, thanked Council and staff and expressed support for the adoption of City Plan. Nancy DuTeau commended the document and requested it be used as a roadmap to assist in making difficult decisions related to limited resources. Councilmember Cunniff thanked staff and the community and noted Council unanimously adopted a resolution in 2016 expressing support for the Night Sky Initiative. He asked if that resolution was the basis for the Dark Skies addition. Gloss replied it helped inform the policy language. Councilmember Cunniff stated he has heard some concerns about wording being left out that might imply a hard and fast commitment to something that is not implied. He noted the Dark Skies certification was intended to be for natural areas only and he would be fine changing the language as appropriate to reflect that. Gloss noted changes to the language to use words such as 'consider' have been made. Councilmember Martinez asked if Night Skies was always part of the City Plan discussion. Gloss replied it was mentioned in a limited fashion in earlier drafts; however, this particular section was only added recently. Councilmember Martinez stated citizens have expressed concerns related to this issue and do not think is has been vetted equally with the rest of the Plan. He suggested perhaps it should be considered as a stand alone item as it is not a true representation of what was fully vetted. Councilmember Stephens stated Council has discussed Night Skies and there is a web page on it. She suggested language deemed too prescriptive could be adjusted, but she did not oppose leaving the topic in the Plan. Councilmember Summers stated he does not have an issue with the inclusion of the topic with certain language changes. Councilmember Cunniff stated changes of this scale has occurred between each of the Plan drafts and he agreed with Councilmember Summers suggestion to strike 9D. Mayor Pro Tem Horak discussed the equity in transportation issue and discrepancies among some of the provided information. Paul Sizemore, FC Moves, replied the Transit Plan is very focused on access to fixed-route and high-frequency transit and the broader City Plan discussion of equity draws on other sources, including the 2014 Social Sustainability Gaps Analysis that looks at broad access to transportation options and the way that can disproportionately impact vulnerable communities. He suggested the topics could be reconciled by adding language in City Plan to refer to the data point in the Transit Master Plan and acknowledging the high levels of access to fixed- route and high-frequency transit in comparison to the general population. Mayor Pro Tem Horak stated that is a good start; however, he still had issues with the discrepancy and suggested goals need to be included rather than just generalities. April 16, 2019 City of Fort Collins Page 124 Councilmember Cunniff stated he is comfortable with the changes suggested. Councilmember Martinez asked if the goal is to increase headway for Transfort. Aaron Iverson, Senior Transportation Planner, replied the goal is for all routes to have headways less than 30 minutes. Councilmember Summers asked about the affordable housing item related to zero percent of the median income. Councilmember Cunniff replied the Housing Catalyst administers the federal housing voucher program which can provide housing to individuals with zero income. Councilmember Summers suggested there may be a better way to itemize the income requirement categories. Councilmember Cunniff agreed the language could be clarified. Gloss suggested some language changes for the income categories. Councilmember Martinez asked about the projected cost of the three new routes. City Manager Atteberry stated Fort Collins does develop aspirational plans without fully-funded solutions. Mayor Pro Tem Horak suggested costs should be associated with the different levels of service. City Manager Atteberry suggested possibly including short, mid, and long-term goals rather than goals with specific timelines. City Manager Atteberry stated he would like to see Council move forward with the caveat the language is tightened up in regard to what has been discussed. Councilmember Cunniff made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-048, adding a direction to the City Manager to make the following changes: modifying the income qualifications on page 36, incorporating the charts from the Transit Master Plan and adjusting the language to make it clear what the current situation is and what the actual gaps are in Fort Collins on page 198, modifying page 237 to strike policy 9D, updating 9F to say 'consider updates to the Land Use Code,' adding 'consider pursuit of Natural Areas certification from an independent body' and striking International Dark Sky Association or other entities, and including the log of changes provided by staff. Councilmember Gutowsky complimented staff and Council on their work and recognized former Councilmember Overbeck for his work. Councilmember Martinez stated he would support the motion but with the clear understanding he objects to the Night Sky item being included as he feels the rest of the document is outstanding. Councilmember Stephens thanked staff for their work and commended the ambassadors and community partners for their assistance. Mayor Troxell commended staff on their work and commended Council on their work this evening. Councilmember Cunniff commended the formation of the document. Mayor Troxell congratulated City Manager Atteberry and the City team. April 16, 2019 City of Fort Collins Page 125 RESULT: RESOLUTION 2019-048 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-049, with direction to the City Manager to modify pages 86 and 87, and any necessary conforming changes, to eliminate a specific time horizon and to make it clear this is a near-term plan that is not definitive, and moving the section regarding costs to a more prominent location to make it clear the options will cost $21 million, and including the log of changes provided by staff. Mayor Pro Tem Horak discussed the importance of having levels of service based on the equity lens. Mayor Troxell agreed. RESULT: RESOLUTION 2019-049 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak 24. Public Hearing and Resolution 2019-050 Approving the Consolidated Service Plan for the Mulberry Metropolitan District Nos. 1-6. (Adopted) The purpose of this item is for City Council to consider approval of the Mulberry Metropolitan District Nos. 1 through 6 Consolidated Service Plan (the “Service Plan”). The developer of the proposed Mulberry Development has submitted the Service Plan to support the proposed development of approximately 226 acres located in the northeast portion of the Fort Collins community near I-25 on the Mulberry Corridor. The development is anticipated to include 1,600 residential units, up to 80,000 square feet of office, and up to 160,000 square feet of retail. The project has committed to provide 15 percent of housing units in a mix of for rent and for sale affordable housing. A mill levy capped at 50.00 mills has been proposed to support the funding of certain public improvements for the project. As per the Council’s Metro District Policy, proceedings for a public hearing for a Metro District public hearing are as follows: 1. Announcement of item; 2. Consideration of procedural issues (if any); 3. Explanation of the application by City staff; 4. Presentation by the applicant (15 minutes); 5. Public testimony regarding the application; 6. Rebuttal testimony by the applicant; 7. Councilmember questions of City staff and the applicant; and 8. Motion, discussion and vote by City Council. Mayor Troxell outlined the hearing process. Landon Hoover introduced himself as the applicant. Josh Birks, Economic Health Director, introduced Rachel Rogers as a new member of Economic Health. He discussed the timeline of this metro district application, noting the election for this metro district will not occur until November. The metro district will have over 1,600 residential units and is expected to take nine or ten years to fully develop out. The applicant has committed April 16, 2019 City of Fort Collins Page 126 to providing 15% affordable units, 40 of which will be for sale and 200 of which will be apartments for rent, and a certain amount of solar. Birks discussed the public benefits of the project, including a non-potable water system and landscape design to encourage pollinator quarters. He stated the City's policy includes two major protections for City citizens: that no debt mill can be used until a development agreement or intergovernmental agreement is approved by City Council that secures the public benefits described in the service plan and, if that agreement is not reached within three years, Council may, at its choice, begin the proceedings to dissolve the district, requiring the process to start over. Birks stated staff recommends adoption of this resolution. Mr. Hoover, Hartford Homes, supported the City's efforts to annex the East Mulberry corridor and stated his project can provide a gateway and set a standard for redevelopment along the corridor. He discussed the other projects his company has completed in the area noting his goal is to use innovation to attain affordability; however, he stated his company is struggling to deliver this project at 100% AMI and a significant shift to the cost structure is necessary to make the development affordable. He stated the metro district helps accomplish this. Councilmember Cunniff commended the changes made resulting from the Finance Committee's evaluation. He asked if the median mil levy cost is approximately $100 a month. Birks replied in the affirmative and stated there are monthly costs ranging from just over $30 a month to approximately $150 a month. He noted affordable units are priced to include all principal, interest, taxes and insurance; therefore, the maximum sales price inside a metro district is lower than it would be outside a metro district. Councilmember Cunniff asked if the Habitat for Humanity participation is unique. Birks replied other metro districts have not had an agreement with Habitat secured at the time of service plan approval. Councilmember Cunniff expressed concern about the 50 mils and asked about options that include a contract for land bank reservation of acreage. Birks replied a sale to the land bank requires its use for affordable housing unless Council makes an exception. He also noted those questions must have firmer answers prior to the development agreement coming before Council. Mr. Hoover noted this property is in a qualified census tract for HUD financing, which allows for tax credits. The property is also an opportunity zone that can spur investment dollars and noted the intent is to provide the affordable units through a private party using those opportunities. Councilmember Cunniff stated he will have a standing concern related to the assurance of delivering on affordable housing outcomes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-050. Councilmember Stephens thanked the Finance Committee for increasing the affordable component to 15%. She stated a metro district that is helping achieve housing affordability goals is important. Councilmember Martinez agreed. Mayor Troxell thanked Mr. Hoover and stated the project will be impactful for the Mulberry corridor and affordable housing in the community. April 16, 2019 City of Fort Collins Page 127 RESULT: RESOLUTION 2019-050 ADOPTED [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Summers, Stephens, Troxell, Horak NAYS: Cunniff Motion to Extend the Meeting past 10:30 PM Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to suspend the rules to continue the meeting past 10:30 PM to cover the remaining agenda items. RESULT: ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Stephens, Troxell, Cunniff, Horak NAYS: Martinez AWAY: Summers 25. Resolution 2019-051 Approving a Development Agreement to Secure Public Benefits for Development of the Waterfield Fourth Filing. (Adopted) The purpose of this item is to approve the Waterfield Development Agreement to Secure Public Benefits (the “Development Agreement”), in accordance with the Consolidated Service Plan for Waterfield Metropolitan Districts Nos. 1-3, approved by City Council on September 18, 2018 (the “Service Plan”). Staff has completed its review of the Development Agreement to ensure it conforms to the Service Plan. Josh Birks, Economic Health Director, stated this item relates to a development agreement that would secure the public benefits described in the Waterfield service plan that was approved by Council last September. He stated the project is near Timberline and Vine, consists of 500 units with 50 affordable units, and various community benefits. He stated the development agreement has limitations on when permits can be issued and when certificates of occupancy can be issued based on the performance of the developer against the items that were promised in the service plan. Birks stated the development agreement conforms with the public benefits that were outlined in the service plan and adopted last September; therefore, staff is recommending adoption of the resolution. Lucia Liley, Waterfield counsel, requested support of the resolution. Eric Sutherland questioned how the terms of the development agreement are enforceable. Mayor Pro Tem Horak requested staff respond to Mr. Sutherland's question. John Duvall, Deputy City Attorney, replied the development agreement is constructed so that there are triggers for satisfying requirements before a certain number of permits would be granted. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2019-051. Councilmember Cunniff asked about legally enforceable reservation of lots. Duvall replied building permits will not be issued unless requirements can be satisfied relating to affordable units being affordable. April 16, 2019 City of Fort Collins Page 128 Councilmember Cunniff expressed concern a number of lots could be set aside resulting in zero affordable units. Birks replied that is not staff's intent, nor the developer's intent and noted the lots will have to be developed at some point in the future as affordable. Councilmember Martinez requested Ms. Liley make a clarifying point. Ms. Liley replied the main intention is for the developer to actually develop these lots; however, this is an attempt to provide some alternative arrangements as affordable housing is difficult. The intent of the restrictive covenant is to ensure these lots are developed only as affordable housing when the timing is appropriate. RESULT: RESOLUTION 2019-051 ADOPTED [5 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Horak NAYS: Cunniff AWAY: Summers Motion to Elect Mayor Pro Tem Mayor Troxell outlined the role of the Mayor Pro Tem and recommended a process for the election. Eric Sutherland stated no legislative body can legislate an absurd result and stated this item contemplates an absurd result as the Councilmembers yet to be seated cannot be considered for the position. Mayor Troxell clarified this item addressed the currently seated Council. Councilmember Martinez asked if there is any merit to Mr. Sutherland's comments. City Attorney Daggett replied Council may want to consider presenting to voters a modification to one or the other of the Charter provisions that relate to the organization of the Council after the election. She stated next week's swearing-in is also being conducted in a manner that is consistent with the clear language of the Charter. Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to elect Gerry Horak to serve as Mayor Pro Tem. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers April 16, 2019 City of Fort Collins Page 129 • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 27. Second Reading of Ordinance No. 051, 2019, Amending Section 8-161 of the Code of the City of Fort Collins to Add an Exception to the Competitive Purchasing Process for Purchases of Video Content Licensing. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on March 19, 2019, amends City Code to create a limited exception to the competitive bid and purchasing process for the purchase of video content licensing and services, as needed for delivery of video services by Fort Collins Connexion. To provide video services, Fort Collins Connexion must secure license agreements with local channels, national networks, and independent content producers. While most video content will be acquired through membership in the National Cable Television Cooperative (NCTC), there are some channels, groups of channels, and networks that will require direct individual license negotiations. Eric Sutherland questioned the City's marketing efforts for Connexion stating cost is the most important aspect. He questioned why private label video content services are being considered. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 051, 2019, on Second Reading. Councilmember Cunniff noted the adoption of this ordinance does not preclude any other pricing strategies. RESULT: ORDINANCE NO. 051, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers • OTHER BUSINESS Consideration of a motion to call a special Council meeting for 6:00 p.m., Tuesday, April 23, 2019 for the Council Organizational Meeting. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, pursuant to Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take place on Tuesday, April 23, 2019, at 6:00 p.m. for the following purposes: 1. Swearing in of Mayor and New Councilmembers; 2. Consideration of Resolutions regarding outgoing Councilmembers; 3. Election of Mayor Pro Tem; and 4. Consideration of appointments to Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority. RESULT: ADOPTED [6 TO 0] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Martinez, Stephens, Troxell, Cunniff, Horak AWAY: Summers April 16, 2019 City of Fort Collins Page 130 • ADJOURNMENT The meeting adjourned at 11:05 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 131 April 23, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM • ROLL CALL PRESENT: Gutowsky, Martinez, Summers, Stephens, Troxell, Cunniff, Horak, Pignataro, Gorgol Staff Present: Atteberry, Daggett, Coldiron • OUTGOING COUNCILMEMBER COMMENTS Councilmember Martinez thanked his fellow Councilmembers and commended their service on Council. He stated it has been an honor to serve the community and he commended City leadership and staff. Mayor Pro Tem Horak thanked his constituents and stated it is an honor to serve on Council. He expressed appreciation for fellow and former Councilmembers. He congratulated the newly- elected members. • OATHS OF OFFICE - Newly Elected Mayor and Councilmembers City Clerk Coldiron administered the Oaths of Office to Councilmembers Gutowsky, Pignataro, Stephens, Gorgol and Mayor Troxell. • NEWLY ELECTED COUNCILMEMBERS WERE SEATED • DISCUSSION ITEMS 1. Consideration of a Motion to Elect a Mayor Pro Tem. Mayor Troxell outlined the duties of the Mayor Pro Tem and proposed a process for electing a Mayor Pro Tem. Anne Cleary supported Councilmember Cunniff for the Mayor Pro Tem position. Kevin Harper supported Councilmember Cunniff for the Mayor Pro Tem position. Jennifer Williams supported Councilmember Stephens for the Mayor Pro Tem position. Ron Lautzenhizer supported Councilmember Stephens for the Mayor Pro Tem position. Mel Hilgenberg thanked Mayor Pro Tem Horak and Councilmember Martinez for their service and supported Councilmember Gorgol for the Mayor Pro Tem position. Ray Martinez supported Councilmember Stephens for the Mayor Pro Tem position. Councilmembers Cunniff and Stephens expressed interest in the Mayor Pro Tem position. Councilmember Gorgol made a motion, seconded by Councilmember Summers, to nominate Councilmember Stephens for Mayor Pro Tem. April 23, 2019 City of Fort Collins Page 132 Councilmember Pignataro stated Councilmembers Stephens and Cunniff have very different strengths but stated she would not support the motion. Councilmember Gutowsky made a motion, seconded by Councilmember Pignataro, to amend the motion to replace Councilmember Stephens with Councilmember Cunniff. Councilmember Cunniff discussed his experience, including 14 years in elected office. Councilmember Stephens thanked those who spoke in support of her nomination and stated having women in leadership positions is important. She stated she always attempts to make independent decisions and prides herself on listening to constituents and fellow Councilmembers. Councilmember Gutowsky thanked Councilmember Stephens for her support to this point and stated she would be happy to have her as Mayor Pro Tem. She discussed Councilmember Cunniff's service on the School Board and expressed support for his nomination. Mayor Troxell expressed support for Councilmember Stephens' nomination. The vote on the motion to amend was as follows: Yeas: Pignataro, Gutowsky, Cunniff. Nays: Gorgol, Troxell, Stephens and Summers. THE MOTION FAILED. Councilmember Cunniff stated he would support Councilmember Stephens for Mayor Pro Tem and stated she is very qualified. Councilmember Gutowsky stated she is looking forward to working with Councilmember Stephens as Mayor Pro Tem. Mayor Troxell thanked Councilmembers Cunniff and Stephens and stated he is looking forward to working with Councilmember Stephens. RESULT: ADOPTED [UNANIMOUS] MOVER: Emily Gorgol, District 6 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 2. Resolution 2019-052 Expressing Gratitude and Appreciation to Ray Martinez for his contributions to the Community as a Councilmember. (Adopted) Noah Hutchison thanked Mr. Martinez for his support and love of the community. He congratulated Councilmember Pignataro and the other newly-elected Councilmembers. Mayor Troxell read the Resolution of appreciation for Ray Martinez. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-052. Councilmember Summers thanked Mr. Martinez for his service and commitment to the city of Fort Collins. April 23, 2019 City of Fort Collins Page 133 Councilmember Stephens commended Mr. Martinez for his compassion and desire to care for those in the community who are struggling. Mayor Troxell thanked Mr. Martinez for his service to Fort Collins. RESULT: RESOLUTION 2019-052 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 3. Resolution 2019-053 of the Council of the City of Fort Collins Expressing Gratitude and Appreciation to Gerry Horak for his contributions to the Community as Mayor Pro Tem. (Adopted) Mayor Troxell read the Resolution of appreciation for Gerry Horak. Adam Eggleston commended Mr. Horak on his communication, sense of humor, and service. Colin Garfield thanked Mr. Horak for his support of the City's broadband efforts. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-053. Councilmember Cunniff commended Mr. Horak on his ability to challenge assumptions and serve the community. Councilmember Summers expressed appreciation for Mr. Horak's perspectives and contributions to local government. Councilmember Gorgol commended Mr. Horak on his knowledge, service to the community, and mentorship. Mayor Pro Tem Stephens commended Mr. Horak on his knowledge and ability to listen to all the voices in the community. Mayor Troxell commended Mr. Horak’s service as Mayor Pro Tem and commitment to citizens. RESULT: RESOLUTION 2019-053 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Gutowsky, Pignataro, Summers, Stephens, Troxell, Cunniff, Gorgol 4. Resolution 2019-054 Making Appointments to the Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority Board. (Adopted) The purpose of this item is for Council to consider making assignments to the Platte River Power Authority Board and the Boxelder Basin Regional Stormwater Authority Board. April 23, 2019 City of Fort Collins Page 134 Mayor Troxell stated these appointments are being made on an interim basis due to meeting schedules. Councilmember Cunniff expressed interest in the Platte River Power Authority. Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, to adopt Resolution 2019-054, appointing Ross Cunniff to the Platte River Power Authority Board and Gerry Horak to the Boxelder Basin Regional Stormwater Authority. RESULT: RESOLUTION 2019-054 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Gutowsky, Pgnataro, Summers, Stephens, Troxell, Cunniff, Gorgol • ADJOURNMENT The meeting adjourned at 7:19 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk