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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/19/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 19, 2018 City Council STAFF Delynn Coldiron, City Clerk SUBJECT Consideration and Approval of the Minutes of the May 22, 2018 Adjourned Meeting, May 29, 2018 Special Meeting, June 5, 2018 Regular Meeting and the June 11, 2018 Adjourned Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 22, 2018 Adjourned Council meeting, May 29, 2018 Special Council meeting, June 5, 2018 Regular Council meeting and the June 11, 2018 Adjourned Council meeting. ATTACHMENTS 1. May 22, 2018 (PDF) 2. May 29, 2018 (PDF) 3. June 5, 2018 (PDF) 4. June 11, 2018 (PDF) City of Fort Collins Page 267 May 22, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM • ROLL CALL PRESENT: Stephens, Summers, Overbeck, Troxell, Horak ABSENT: Martinez, Cunniff Staff present: Atteberry, Daggett, Coldiron 1. Consider Joining the Amicus Curiae Brief to be Filed by Boulder County and Other Local Governments in Support of the Respondents in the Colorado Supreme Court Case Colorado Oil and Gas Conservation Commission v. Martinez. (Adopted) The purpose of this item is to consider authorizing the City Attorney to join Boulder County and other local governments in an amicus curiae brief (the “Amicus Brief”) to be filed in the Colorado Supreme Court case Colorado Oil and Gas Conservation Commission v. Martinez (“Martinez”), and a motion to direct staff action on the request. At issue are differing interpretations of the scope of authority delegated to the Colorado Oil and Gas Conservation Commission (the “COGCC”) by the Colorado General Assembly in the Oil and Gas Conservation Act (the "Act"). The filing deadline for amicus briefs in support of the Respondents is May 25, 2018, and the deadline for the City to respond to Boulder County is May 23. Cassie Archuleta, Environmental Sustainability Manager, stated the Colorado Supreme Court case in question is about the interpretation of the authority of the Colorado Oil and Gas Association under the Oil and Gas Conservation Act related to production of oil and gas resources and the protection of environment and wildlife resources. Archuleta reviewed the court rulings leading to this point and discussed the current case before the Supreme Court. Boulder County led the amicus brief preparation and the brief has since been joined by at least 14 other local governments with the position that the Court of Appeals decision was consistent with state and local government and regulatory agencies’ obligations, authorities, and regulatory powers. Archuleta stated the City Attorney’s Office reviewed the amicus brief summary and determined that the legal case is sound. Lucinda Smith, Environmental Sustainability Director, stated the City recently developed a series of questions to think through numerous requests it receives to make commitments or join organizations. She reviewed the key questions in this case under the City’s Commitment Evaluation Process. John Gascoyne stated Councilmember Martinez was a highly compensated spokesperson for the oil and gas industry when the moratorium against fracking in the City limits was passed. He stated he would not be able to make an unbiased decision in this case. Jeremy Mack stated people his age and younger are worried about the fate of the planet. Fran Levine stated she works in Weld County and is surrounded by oil and gas wells constantly. She has been sick and children she treats have been suffering as a result of air pollution. Mary Elise Delphs discussed the negative effects of oil and gas drilling on health and the environment. May 22, 2018 City of Fort Collins Page 268 Sarah Hunt stated this case could have deleterious effects on the entire energy sector with overzealous protections. She opposed joining the amicus brief as citizens have not had a chance to participate. Jason Knebell stated Councilmembers work for the City of Fort Collins, not for the oil and gas industry. Gayla Martinez encouraged Council to join the amicus brief. Elizabeth Hudetz encouraged Council to join the amicus brief and discussed air and environmental pollution. Tim Gosav stated this court decision is about health and safety and the City has an obligation to its residents to maintain health and safety in this community. Ted Walkup stated the younger generation is most at risk from short-sighted policies that value corporate profit over human health and safety. He encouraged Council to join the amicus brief. Andy Spielman, Denver Metro Chamber of Commerce, stated air quality in the Northern Front Range is improving and opposed joining the amicus brief as the Martinez case demands as a prerequisite that there be zero impact to public health, safety, and welfare. He stated that is not consistent with the legislative intent and the COGCC is required to balance health, safety, and welfare. John Anderson stated Fort Collins should be leading this amicus brief given the public vote for the moratorium. Shane Davis stated oil and gas permitting is a rubber-stamping system which does not take public health, safety, and welfare into account. Forrest Carlson encouraged Council to join the amicus brief. Joyce DeVaney encouraged Council to join the amicus brief. Representative Joe Salazar stated a permit has never been denied due to balancing interests and encouraged Council to join the amicus brief. Doug Henderson, Sierra Club of Colorado, encouraged Council to join the amicus brief. Nancy York encouraged Council to represent the citizens of Fort Collins and join the amicus brief. Andy Peterson stated he works in the oil and gas industry and noted this case will only address new wells and stated the air has gotten cleaner as more natural gas wells have been drilled and fracked. Kaitlyn (no last name given) stated the oil and gas industry does not support our economy. Michael Hayes, Denver Metro Chamber of Commerce, stated this case is about statutory interpretation and is not limited to the COGCC. He stated if the Court of Appeals interpretation of the phrase “consistent with” is upheld, it could invalidate the regulations of any other state agency or local government. May 22, 2018 City of Fort Collins Page 269 Jim Vassallo stated the oil and gas industry is exporting record amounts of diesel and crude oil despite gasoline prices rising in this country. Mayor Troxell requested staff input regarding Mr. Hayes’ comments. City Attorney Daggett replied that is the sort of argument frequently made in legal disputes; however, in connection with this case, it may be taking the argument too far for the outcome of this case to broadly change the manner in which other statutes and local laws are interpreted. Councilmember Summers stated it is important to understand what is behind this case and the plaintiffs have stated their goal is to ban energy development in Colorado, and that would have a tremendous impact on Northern Colorado’s economy. He stated the COGCC already evaluates public health and environment concerns when considering regulating oil and gas operations. He discussed the positive impacts of the oil and gas industry in the area and stated air quality is improving. He requested staff input as to how many days of the year Fort Collins has an ozone level greater than 75 parts per billion. Archuleta replied 5 to 10 days are usually above that threshold, usually in the summer. Councilmember Summers stated the idea the oil and gas industry does not care about the environment is false and not borne out in fact. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, that the City of Fort Collins join the amicus brief to be filed by Boulder County and other local governments. Mayor Pro Tem Horak stated this item does not relate to oil and gas being good or bad, but rather to working with and supporting area governments. Councilmember Stephens thanked the citizens who spoke and stated she would support the motion as it clearly aligns with the City’s legislative policy agenda and elements of City Plan dealing with air quality. She stated protecting the health and safety of citizens should be the utmost priority for the City. Councilmember Overbeck stated he would support the motion as the brief aligns with the legislative policy agenda and City Plan. Mayor Troxell stated he would not support the motion as the brief is not likely to make any impact for Fort Collins. He stated the City should place its efforts on local environmental initiatives. RESULT: MOTION TO JOIN THE AMICUS BRIEF ADOPTED [3 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Stephens, Overbeck, Horak NAYS: Summers, Troxell ABSENT: Martinez, Cunniff May 22, 2018 City of Fort Collins Page 270 • ADJOURNMENT The meeting adjourned at 6:52 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 271 May 29, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • DISCUSSION ITEMS 1. Resolution 2018-053 Directing the City Manager or His Designees to Meet with the Northern Colorado Water Conservancy District to Negotiate a Potential Agreement Regarding the Northern Integrated Supply Project. (Adopted) The purpose of this item is twofold: 1) to provide a status update on the Northern Integrated Supply Project (NISP) in advance of the release of the project’s Final Environmental Impact Statement (EIS), anticipated for late June 2018; and 2) to consider a resolution that would direct the City Manager and/or his designees to meet with the Northern Colorado Water Conservancy District (Northern Water) to seek to and to engage in negotiations regarding the City’s key remaining concerns and issues related to NISP. Some of the City’s key concerns regarding NISP’s impacts, as expressed in previous Council resolutions, have not been adequately addressed to date. NISP continues to make progress toward receiving all necessary permits and approvals to ultimately be constructed and operated as currently proposed. Meanwhile, the City’s ability to influence the project through participation in permitting processes is diminishing. Negotiating with Northern Water may provide a means to address some of the City’s remaining concerns. Staff is requesting authorization to negotiate with Northern Water regarding NISP where mutual interests may be addressed. Any draft agreement(s) would be presented to Council for its review and approval. Carol Webb, Utilities Deputy Director, introduced the item and provided opening remarks. Adam Jokerst, Water Resources Project Engineer, detailed the essential services provided by the River, a shared resource and described the NISP project and its two proposed reservoirs, Glade Reservoir located near the mouth of the canyon, and Galeton Reservoir located northeast of Ault. NISP would divert about 40,000 acre-feet of water per year from the Poudre on average. Glade Reservoir would be filled by diverting the higher flows during May and June during average and wet years and by moving agricultural water and replacing those water rights with water from the South Platte River. Jokerst noted the City of Fort Collins does not have any approval authority in this project; it is a stakeholder. He outlined the permitting process for the project to this point. Jennifer Shanahan, Natural Resources Watershed Specialist, discussed recent changes to NISP operations and key elements of the Fish and Wildlife Mitigation Plan, and how they link to the City’s concerns. Recent major modifications have alleviated some concerns. For example, the pipeline connecting Glade Reservoir and Horsetooth Reservoir no longer exists and there is no exchange of water with Horsetooth. She discussed the Conveyance Refinement Plan and Fish and Wildlife Mitigation Plan, noting the Peak Flow Operations Plan has changed in a positive manner. The City is awaiting information regarding water quality and its ability to discharge water into the Poudre River. Also, comments related to air quality and climate change have yet to receive a May 29, 2018 City of Fort Collins Page 272 response. She discussed the key remaining concerns and recommendations for reducing the risk and potential adverse impacts to the City. Jokerst stated the City’s participation in the commenting process has led to a better project than was proposed ten years ago; however, the City’s ability to further influence this project and lead to better outcomes is diminishing, largely because the project is much more refined than it was in years past. He stated the City’s options include doing nothing, opposing NISP outright, continuing to comment in the public process, or negotiate. Staff is recommending the City consider negotiation as it could lead to a better outcome. Karen Wagner stated this presentation did not convince her that negotiation would have any value in changing the ultimate outcome. She stated part of her concern is with research on the Thornton Northern project. She encouraged the City to consider the residents of its Growth Management Area and the impacts to the City of future land use. Brad Wind, Northern Water General Manager, discussed the improvements and enhancements to which the NISP participants have agreed. He requested Council adopt this Resolution. Councilmember Cunniff asked if constraints exist on the negotiations. Jokerst replied staff can negotiate additional improvements; the Resolution does not mention what the City may give up in exchange. Councilmember Cunniff asked how the confidential negotiations would proceed. City Attorney Daggett replied there would be significant limits on how staff communicates with Council and how Northern staff could communicate with their Board. The negotiating meetings would not be public, and any agreement would ultimately be presented to Council for consideration and a public meeting. Councilmember Martinez asked if previous conversations with Northern have solved issues. Jokerst replied some issues have been resolved wholly, some partially, and others have yet to be addressed. Councilmember Overbeck asked about the expense of negotiations. Jokerst replied the cost is reliant upon the negotiated outcome. Immediate costs include staff time. Councilmember Stephens asked about potential impacts to residents in the Growth Management Area. Jokerst replied there will be construction-related impacts such as air quality emissions, dust, and traffic. He noted proposed pipelines could also potentially have an impact. Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-053. Mayor Pro Tem Horak noted any agreement would still need to come before Council and a public process in that forum. He stated he cannot foresee Council expressing support for the project at its current size and negotiations cannot hurt. Councilmember Overbeck stated he will not support the motion citing concern about high costs and the lack of assurance this will improve the project. May 29, 2018 City of Fort Collins Page 273 Councilmember Stephens thanked staff for their work and thanked the Water Board and others for their input. She stated negotiations could lead to further project improvements. Councilmember Martinez stated negotiations and conversations cannot hurt. Councilmember Cunniff stated it is obvious Council values the River. The question is what the best way is to meet the City’s desire for further improvements. Mayor Troxell stated he will support the motion to allow Fort Collins to be part of negotiations. He thanked Northern for its continued willingness to work with the City. Mayor Pro Tem Horak stated adaptive management is one topic that may be discussed. He stated it would be useful for Council to receive a memo regarding how it and citizens can be updated on NISP negotiations. City Manager Atteberry replied this Resolution speaks to regular update intervals. RESULT: RESOLUTION 2018-053 ADOPTED [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Troxell, Horak NAYS: Overbeck, Cunniff 2. Consideration of a Motion Authorizing Release of Records Withheld as Council Work Product. (Adopted) The purpose of this item is for City Council to consider a motion authorizing release of records withheld as Council work product in response to a records request. City Attorney Daggett discussed the Judicial Watch document request and subsequent lawsuit seeking release of certain withheld records. The lawsuit has since been dismissed due to a 14-day negotiation period regarding potential release of those records. A batch of previously withheld documents is related to Council work product and Council will need to provide authorization to allow their release. Staff is recommending Council authorize the release of the records. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to authorize release of the documents that were not otherwise privileged and were withheld as Council work product in response to a records request made by Judicial Watch. Councilmember Cunniff stated he would like a memo on which documents are considered Council work product and which are considered attorney-client privilege. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak May 29, 2018 City of Fort Collins Page 274 • ADJOURNMENT The meeting adjourned at 6:50 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 275 June 5, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell Staff: Mihelich, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER Deputy City Manager Mihelich stated Item No. 11, Items Relating to the East Gateway Annexation, has been moved to discussion Item No. 17 and staff is recommending indefinite postponement of that item. Item No. 12, First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map, has been withdrawn from the agenda and Item No. 16, Resolution 2018-060 Rescinding Resolution 2018-041 and Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation, has been added to the agenda. Deputy City Manager Mihelich also briefly discussed Item No. 8, First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions, as a good news item which will allow Code Enforcement officers to immediately write tickets for chronic offenders. • CITIZEN PARTICIPATION Deirdre Sullivan, La Familia Executive Director, thanked Council for CDBG appropriations and expressed appreciation for the CDBG Commission. Steve Kuehneman, CARE Housing Executive Director, thanked Council for CDBG appropriations and expressed appreciation for the CDBG Commission. Bill Miller, Fort Collins Audubon Society, expressed support for Item No. 13, Resolution 2018- 058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area. Jeremy (no last name given) thanked Councilmembers Stephens, Overbeck, and Horak for supporting joining the amicus brief in the Martinez case. He discussed derogatory comments he stated were made by Councilmember Summers and urged Council to ban herbicide and pesticide use. Fulvia Serra, Homeless Gear Development Associate, thanked Council, the Social Sustainability Department, and the CDBG Commission for CDBG appropriations. Kaitlyn Young urged Council to ban the use of neonicotinoids in natural areas and in Fort Collins. She suggested implementing bat boxes for mosquito control. June 5, 2018 City of Fort Collins Page 276 Jim Becker, Partnership for Age Friendly Communities Director, thanked Council, Social Sustainability staff, and the CDBG Commission for CDBG appropriations. Nicholas Mouton requested an update regarding the lockers at the Mennonite Church and questioned why the process has taken so long. Jason Morgan, A Little Help Larimer County Director, thanked Council for CDBG appropriations. Kristin Candella, Habitat for Humanity Director, thanked Council, Social Sustainability staff, and the CDBG Commission for CDBG appropriations. Jim Villalobos, Colorado Health Network, thanked Council for CDBG appropriations. Anne Lance, Teaching Tree Executive Director, thanked Council for CDBG appropriations. Courtney Carrick, Sexual Assault Victim Advocate Center, thanked Council and Social Sustainability staff for CDBG appropriations. Lauren Whynott, Respite Care Development Director, thanked Council for its funding support. Donna Holmes, Crossroads Safehouse, thanked Council for its support and funding. Mike Sollenberger, DMA Plaza Board President, expressed appreciation for CDBG funding. Kari Clark, Crossroads Safehouse, thanked Council and the CDBG Commission for CDBG appropriations. Cathy Kipp, Poudre School District Board of Education, discussed Initiative 93, which will help increase education funding in Colorado. She requested Council support the Initiative and its placement on the ballot. Joan LaBelle, Disabled Resources Services Executive Director, thanked Council for funding support. Terry Francl stated prairie dogs are overtaking a portion of the Fossil Creek Natural Area adjacent to houses. John Dellenbach expressed concern regarding prairie dogs coming into private property near the Fossil Creek Natural Area. Eric Sutherland stated there was no information related to authorizing debt for the broadband utility in the minutes of the April 3, 2018 Council meeting. He stated that information was included in the Electric Utility Enterprise Board meeting minutes and discussed the City Charter regulation that all actions of Council shall be adopted at a regular City Council meeting. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tem Horak summarized the citizen comments. June 5, 2018 City of Fort Collins Page 277 City Attorney Daggett stated staff is aware of Mr. Sutherland’s disagreement with the process used to adopt the broadband bond ordinance; however, it is the opinion of bond counsel that it was properly adopted. She noted Mr. Sutherland has filed a lawsuit in Larimer County District Court and Council will be receiving updates regarding that litigation. Deputy City Manager Mihelich stated he will work with Natural Areas staff to investigate the prairie dog situation and will report back. He stated he will host a stakeholder meeting as well. Councilmember Cunniff stated he has met with citizens who are concerned about prairie dog eradication and suggested relocation is a good compromise; however, staff has yet to provide a good plan for finding appropriate property. Deputy City Manager Mihelich replied he will include that information in the report. Councilmember Summers asked about the policy for maintaining a 300-foot buffer from homes near natural areas. Deputy City Manager Mihelich replied that is a management policy to be implemented by staff and prairie dog colonies are examined annually to ensure they are not straying into that area. Councilmember Stephens thanked the non-profit representatives who spoke and expressed appreciation for the organizations. She also thanked the members of the CDBG Commission for their work on appropriation recommendations. Councilmember Cunniff asked if the Legislative Review Committee has taken a position on Initiative 93. Deputy City Manager Mihelich replied he will provide Council with an update. • CONSENT CALENDAR Mayor Pro Tem Horak opened the public hearings for Item No. 7, Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP), No. 9, Items Relating to the Aweida Annexation, and No. 10, Items Relating to Zoning the Aweida Annexation. Kaitlyn Young withdrew Item No. 8, First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions, from the Consent Agenda. Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell June 5, 2018 City of Fort Collins Page 278 1. Consideration and Approval of the Minutes of the May 1 and May 15, 2018 Regular Council Meetings and the May 8, 2018 Adjourned Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the May 1 and May 15, 2018 Regular Council meetings and the May 8, 2018 Adjourned Council meeting. 2. Second Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort Collins Land Use Code. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, adopts a variety of revisions, clarifications and additions to the Land Use Code that are generally housekeeping and routine in nature that have been identified since the last update in May 2017. 3. Second Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six-Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown Development Authority Projects and Programs in Accordance with the Downtown Development Authority Plan of Development and Approving Related Documents. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, renews the current Line of Credit (LOC) established in 2012 by the City on behalf of the Downtown Development Authority (DDA), which is scheduled to expire at the end of 2018. The Board of Directors of the Downtown Development Authority believes it would be financially beneficial for the DDA and the community as a whole to renew the Line of Credit with First National Bank for a six-year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be used to finance DDA projects and programs. The Ordinance has been amended between first and second reading to make the Ordinance recitals correspond to those in Resolution 2018-046. 4. Second Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the Oakridge Crossing Affordable Housing Project. (Adopted) This Ordinance, unanimously adopted on First Reading on May 15, 2018, authorizes an affordable housing fee waiver request for Oakridge Crossing and a refund of waived fees already paid. Oakridge Crossing, LLLP has requested that certain development and capital improvement expansion fees be waived for qualifying units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the types of projects for which fee waivers may be requested and made these waivers discretionary. Eligible projects are those constructed for homeless or disabled persons, or for households whose income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing. Council Finance Committee supports this request and suggested using funds from the Affordable Housing Capital Fund in the Community Capital Improvement Program fund for the refund. 5. Second Reading of Ordinance No. 068, 2018, Designating the McMillen-Patterson Property, 121 North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. This Ordinance, unanimously adopted on First Reading on May 15, 2018, designates the McMillen- Patterson Property, 121 North Grant Avenue, as a Fort Collins Landmark. The owner of the property, Susan Hoskinson, is requesting the designation. June 5, 2018 City of Fort Collins Page 279 6. First Reading of Ordinance No. 069, 2018, Appropriating Prior Year Reserves in the Light and Power Fund for the Light and Power New Circuits Project. (Adopted) The purpose of this item is to appropriate funds from Light & Power Reserves to serve the newly annexed Water Treatment Facility ($1,300,000) and to meet capacity needs at the East Harmony Industrial Park ($480,000) and the Southwest Residential Area ($230,000). The appropriation also includes $7,100 for Art in Public Places (APP). The previous $1.3M appropriation from the Water Fund also included the associated $13,000 for APP. The total amount being requested is $2,017,100, which will leave $3.2M available and unappropriated in the Light & Power Reserves. 7. Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP). (Adopted) A. Public Hearing and Resolution 2018-054 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program, the HOME Investment Partnerships Program, the City’s Affordable Housing Fund, and the City’s Human Services Program. B. Public Hearing and First Reading of Ordinance No. 070, 2018, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. C. Public Hearing and First Reading of Ordinance No. 071, 2018, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. The purpose of this item is to approve funding recommendations of the 2018 Spring Cycle of the Competitive Process and appropriate federal dollars. Resolution 2018-054 will complete the 2018 Spring Cycle of the Competitive Process for allocating $5,205,993 in City financial resources to affordable housing and public facility projects, human service programs and administration of the programs. Ordinance No. 070, 2018 appropriates the City’s FY2018 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD), and CDBG Unanticipated Program Revenue from FY2017. Ordinance No. 071, 2018 appropriates the City’s FY2018 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and HOME Unanticipated Program Revenue from FY2017. 8. Items Relating to the Aweida Annexation. (Adopted) A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 9. Items Relating to Zoning the Aweida Annexation. (Adopted) A. Resolution 2018-056 Amending the City’s Structure Plan Map. This Ordinance is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. June 5, 2018 City of Fort Collins Page 280 B. Public Hearing and First Reading of Ordinance No. 074, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Aweida Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. The purpose of this item is to zone the property included in the Aweida Annexation into the Low Density Mixed-Use Neighborhood zone district. A Council amendment of the City Structure Plan Map is necessary to allow for the Aweida Annexation to be zoned L-M-N. 10. First Reading of Ordinance No. 076, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the East Gateway Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Withdrawn) THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to zone the property included in the East Gateway Annexation into the General Commercial (G-C), Low Density Mixed Use Neighborhood (L-M-N), and Industrial (I) zone districts. 11. Resolution 2018-058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area. (Adopted) The purpose of this item is to designate City-owned properties within the Growth Management Area that adjoin the Cache la Poudre River as an Important Bird Area (IBA). An IBA is defined by the National Audubon Society as a site that provides essential habitat to one or more species of birds during some portion of the year. This designation conveys no legal authority over land ownership or its uses and management. This designation would support City educational initiatives aimed at increasing awareness and enjoyment of Poudre River bird habitat. It may also prove useful when seeking additional funding (i.e., grant applications) for habitat restoration projects. 12. Resolution 2018-059 Appointing Christine Pardee to the Planning and Zoning Board of the City of Fort Collins. (Adopted) The purpose of this item is to appoint Christine Pardee to fill a vacancy on the Planning and Zoning Board due to the resignation of Emily Heinz, whose term was set to expire on December 31, 2021. In December 2017, Mayor Troxell, and Councilmember Ray Martinez interviewed applicants solicited in the fall of 2017 and identified Ms. Pardee as an alternate if a vacancy arose during the year. • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff expressed appreciation for Item No. 13, Resolution 2018-058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area. Councilmember Overbeck expressed appreciation for Item No. 13, Resolution 2018-058 Designating City-Owned Properties Along the Cache la Poudre River as an Important Bird Area, and thanked Bill Miller and the Audubon Society for their work. Councilmember Stephens commented on Item No. 7, Items Relating to the Completion of the 2018 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community June 5, 2018 City of Fort Collins Page 281 Development Block Grant (CDBG) Program, Federal HOME Investment Partnerships (HOME) Program, the City’s Affordable Housing Fund (AHF), and the City’s Human Services Program (HSP), and thanked the CDBG Commission members, Affordable Housing Board members, and community non-profits for their work. Mayor Pro Tem Horak commended staff and the CDBG Commission members for their work on the competitive process appropriation allocations. • STAFF REPORTS Tim Kemp, Capital Construction Projects Manager, discussed the Horsetooth and College intersection improvements and benefits. He stated nearly half of the project funding is from two federal grants. He detailed the project phasing and construction schedule. Councilmember Martinez asked what media sources are being used to update the public on this topic. Kemp replied Facebook, Twitter, Nextdoor, Spotlight on fcgov.com, e-newsletters, mailers, and message boards have been used. He stated he would follow-up with the Communication Public Involvement Office regarding the frequency of the placement of these items on Nextdoor. Councilmember Overbeck asked how area businesses have been informed of the improvements. Kemp replied the immediate intersection businesses have been aware of the improvements for some time as right-of-way purchases and temporary easements have been necessary. Local businesses have received an informational poster and additional temporary signage is allowed during construction. Councilmember Cunniff asked if northbound Mason will have two left-hand turn lanes onto Horsetooth. Kemp replied in the affirmative. Councilmember Cunniff asked if there is an impact on left turns from southbound Mason into the northern driveway of the large parking lot. Kemp replied there will be no changes to that drive. • COUNCILMEMBER REPORTS Councilmember Stephens reported on the Small Business of the Year breakfast sponsored by the Chamber of Commerce and the Islamic Center Ramadan fast-breaking ceremony. Councilmember Martinez reported on the recent Open Streets event. Mayor Pro Tem Horak reported North I-25 did not received a recent federal grant but is working on an application for a new grant. He stated Platte River Power Authority had a groundbreaking ceremony for a new building at its current site, noting it will be LEED certified. He stated the PRPA Board would like to consider a resolution on its July agenda relating to a 100% renewable energy goal. He reported on the Campus Connections session with Code Compliance and Mediation staff and the Parks and Recreation meeting on the City Park refresh. He noted some citizens were concerned about a change in character for the park. June 5, 2018 City of Fort Collins Page 282 • DISCUSSION ITEMS 13. First Reading of Ordinance No. 077, 2018, Amending Chapter 7 of the Code of the City of Fort Collins to Amend Requirements and Procedures for City Elections. (Adopted on First Reading) The purpose of this item is to amend the Election Code to clarify that expenditures for political advertising includes internet advertising; amend deadlines for write-in candidates, nomination petitions, withdrawals and campaign reports; and adopt Code language to align with the Uniform Overseas Citizens Absentee Voting Act (UOCAVA). The Code amendments will also require candidates and committees to keep samples of public communications and revise the definition for independent expenditures. City Clerk Coldiron stated the Election Code Committee has been meeting monthly and summarized the Code change recommendations. Changes address the value of campaign ads on websites, deadline additions and changes, the Uniform Overseas Citizens Absentee Voting Act, and campaign materials and independent expenditures. Additional items still being considered by the Committee include “paid for by” statements on advertisements and redistricting. Marge Norskog supported the Election Code changes to maintain election integrity. She requested Council encourage the Election Code Committee to include additional changes prior to the 2019 election: requiring “paid for by” statements on public communications and expanding the City Clerk’s duties to clarify what action is expected of the Clerk to fulfill the responsibility to assess if a report should be deemed incomplete or inconsistent. Robbie Moreland thanked Council and the Election Code Committee for being responsive to concerns for more election transparency. She requested Council consider adding a requirement that the City Clerk’s Office be included on campaign or committee mailing lists so the City Clerk can assure immediate compliance with the Code. She also encouraged requiring “paid for by” statements, instituting specific consequences for violations of the Election Code to include late, incorrect, or misleading committee financial reports, and auditing each committee report as it is submitted. She suggested a trained citizen board could be commissioned to conduct said audit. Jodie Deschane thanked the Election Code Committee for its progress and encouraged additional changes to ensure the future integrity of elections and elected officials. Councilmember Stephens thanked the citizens who spoke and stated the proposed changes will add transparency to the election process. She encouraged Council to adopt the amendments and requested the City Attorney address the “paid for by” statements. City Attorney Daggett replied options are being analyzed and staff is planning to provide a proposal for the Committee at its July meeting. Councilmember Stephens stated the Committee may look at a budget offer for analyzing reports by the City Clerk’s Office. Deputy City Manager Mihelich confirmed a budget offer is being prepared. Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 077, 2018, on First Reading. Councilmember Overbeck expressed appreciation for the involved citizens. Councilmember Cunniff thanked the citizens and staff for their diligence. June 5, 2018 City of Fort Collins Page 283 Councilmember Martinez thanked the citizens and commended the Election Code Committee. Councilmember Stephens thanked staff for their work and accommodation of overseas voters. Mayor Pro Tem Horak thanked all involved parties. RESULT: ORDINANCE NO. 077, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 14. Resolution 2018-060 Rescinding Resolution 2018-041 and Finding Substantial Compliance and Initiating Annexation Proceedings for the East Gateway Annexation. (Adopted) On May 1, 2018, Council adopted Resolution 2018-041 initiating annexation proceedings for the East Gateway Annexation and scheduling a hearing date of June 5, 2018 for the proposed annexation. It has subsequently been determined that certain notices required by the Municipal Annexation Act were inadvertently not given as required. The statutory time periods for required published and mailed notices of the proposed annexation are such that the annexation process must be re-initiated to allow these notices to be given in advance of a rescheduled hearing on July 17, 2018. The purpose of this item is to rescind Resolution 2018-041 and re-initiate annexation proceedings for the East Gateway Annexation, containing 1.77-acres, into the City of Fort Collins. The annexation is generally located northeast of the Interstate 25 and East Mulberry Street interchange. The annexation area includes three parcels of land that consist of railroad-owned property, a strip of land on the western edge of the Cloverleaf Mobile Home Park, and a triangular-shaped parcel owned by the Colorado Department of Transportation. The requested zoning for this annexation is a combination of General Commercial (C-G), Industrial (I), and Low Density Mixed Use Neighborhood (L-M-N), consistent with the City of Fort Collins Structure Plan Map designations. The surrounding properties are a mixture of residential and commercial land uses. The proposed Resolution makes a finding that the annexation petition substantially complies with the Municipal Annexation Act of 1965, determines that a hearing should be established regarding the annexation, and directs notice be given of the hearing. The hearing will be held at the time of First Reading of the annexation and zoning ordinances; not less than thirty days of prior notice is required by state law. City Attorney Daggett provided an overview of the item stating some required notices were not sent; therefore, in order to allow for that to occur, this Resolution restarts the process and a new hearing will occur in July. Councilmember Overbeck made a motion, seconded by Councilmember Summers, to adopt Resolution 2018-060. Councilmember Cunniff stated he would like discussions regarding an IGA for transition expenses to occur with the County. June 5, 2018 City of Fort Collins Page 284 RESULT: RESOLUTION 2018-060 ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ken Summers, District 3 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell 15. Items Relating to the East Gateway Annexation. (Postponed Indefinitely) Staff requests the Resolution and Ordinance be postponed indefinitely due to a failure to provide notice as required in the Municipal Annexation Act. A. Resolution 2018-057 Setting Forth Findings of Fact and Determinations Regarding the East Gateway Annexation. B. Public Hearing and First Reading of Ordinance No. 075, 2018, Annexing the Property Known as the East Gateway Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.77 acres of land consisting of three properties into the City of Fort Collins. The properties are located approximately ¼ mile northeast of the Interstate 25 and East Mulberry Street interchange. The annexation will create the East Mulberry Enclave encompassing the East Mulberry Corridor. The Initiating Resolution was adopted on May 1, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. Councilmember Overbeck made a motion, seconded by Councilmember Summers, to postpone consideration of Ordinance No. 075, 2018 indefinitely. RESULT: ORDINANCE NO. 075, 2018, POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell Councilmember Overbeck made a motion, seconded by Councilmember Summers, to postpone consideration of Resolution 2018-057 indefinitely. RESULT: RESOLUTION 2018-057 POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell • CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 16. First Reading of Ordinance No. 072, 2018, Amending Chapter 19 of the Code of the City of Fort Collins Regarding Civil Infractions. (Adopted on First Reading) The purpose of this item is to remove the notification requirement for violations of Chapter 19 of the City Code to allow Code Compliance Inspectors the flexibility to issue immediate citations for all properties, including some identified and sustained egregious or chronic offenders of the nuisance code. June 5, 2018 City of Fort Collins Page 285 Kaitlyn Young questioned whether the City is consistent with the Supreme Court’s directives for the applicability of the Colorado rules for Municipal Court procedures and whether the City has the authority to design and implement its own penal system under home rule. She asked why the rules of civil procedure are not being used for civil infractions. City Attorney Daggett stated the rules of civil procedure do not apply to civil infractions, which are enforcement matters handled in accordance with City Code provisions. She stated she could provide additional information prior to Second Reading. Councilmember Cunniff asked if the City can set its own penalties under home rule. City Attorney Daggett replied these issues were reviewed when Council adopted the ordinance that initially adopted the existing civil infraction process and she does not believe there is an issue with the City’s authority to do these types of procedures. Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 072, 2018, on First Reading. Mayor Pro Tem Horak discussed the favorable citizen comments made at the Code Compliance meeting. Councilmember Summers noted this would address chronic offenses. Deputy City Manager Mihelich stated staff is using a one-year calendar for addressing violations. City Attorney Daggett noted enforcement officers are granted latitude to evaluate circumstances. RESULT: ORDINANCE NO. 072, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell • OTHER BUSINESS Mayor Pro Tem Horak suggested the Election Code Committee consider an orientation for candidates and committees to address processes and requirements. Councilmember Stephens stated that has not specifically been discussed but supported the idea. Councilmember Martinez reported a fallen utility pole on Timberline between Caribou and Harmony and asked that it be removed. • ADJOURNMENT Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 PM, Monday, June 11, 2018, for the purpose of conducting mid-year performance reviews for the City Manager, City Attorney, and Municipal Judge, and for such other business as may come before the Council. June 5, 2018 City of Fort Collins Page 286 RESULT: MOTION TO ADJOURN TO JUNE 11, 2018, ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ABSENT: Troxell The meeting adjourned at 7:38 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 287 June 11, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Special Meeting – 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron 1. Executive Session Authorized. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to go into executive session, as permitted under Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(I), for the purpose of conducting mid-year performance reviews of the City Manager, the City Attorney and Chief Municipal Judge. RESULT: APPROVED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Summers, Troxell, Cunniff, Horak • ADJOURNMENT The meeting adjourned at 9:21 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk