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HomeMy WebLinkAboutMINUTES-01/18/2022-RegularJanuary 18, 2022 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT Pignataro. Francis. Arndt, Canonico, Peel, Ohlson, Gutowsky STAFF. Stannert, Daggett, Hollingshead • AGENDA REVIEW: CITY MANAGER Deputy City Manager Stannert stated Item No. 18, Sam's Club Fuel Station Appeal, has been amended to include an attachment of a letter received from the Harmony Market Owners' Association. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS David Quigley asked if it would be possible for Fort Collins to partner with local landlords to have a positive impact on affordable housing. He discussed his experience with renting at below market rates to help provide affordable housing. Heather Wood opposed the area business resistance to the formation of a centralized campus homeless shelter stating the land was purchased specifically for that reason. She commented on the need for the shelter and stated the Catholic Charities shelter has overbearing rules and regulations that ultimately induce harm. Leslie Leis stated she rents out properties below market and expressed concern rental licensing in Fort Collins will have a negative impact on affordable housing. (indecipherable name) asked if there will be any way to determine whether individuals are true Marshall Fire victims, per Item No. 17, Resolution 2022-024 To Support Temporary Housing in Fort Collins for the Victims of the Marshall Fire. She expressed support for the You Plus Two Ordinance and expressed concern this item may lead to its elimination. Casey Holly stated he rents out properties below market and opposed a rental licensing program in Fort Collins. Paul Patterson spoke in support of the You Plus Two Ordinance and expressed concern that complaint -driven code compliance enforcement is not straightforward. He suggested a permitted exemption option should be used rather than a relaxation of You Plus Two, regarding Item No. 17, Resolution 2022-024 To Support Temporary Housing in Fort Collins for the Victims of the Marshall Fire. • PUBLIC COMMENT FOLLOW-UP Mayor Arndt thanked the speakers, particularly Mr. Quigley and others regarding partnerships with landlords to aid in affordable housing. Deputy City Manager Stannert replied staff is working on providing a work session discussion on rental licensing and landlord incentives around the Affordable Housing Plan. Councilmember Pignataro thanked Mr. Quigley for his comments and asked if there are any other resources staff could provide for Ms. Wood. Deputy City Manager Stannert replied staff will follow up with Ms. Wood. City of Fort Collins Page 115 • COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION Mayor Pro Tem Francis withdrew Item No. 13, Resolution 2022-020 Approving an Art Project for the Vine & Lemay Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and the Project Budget to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program, from the Consent Agenda. Councilmember Ohlson withdrew Item No. 16, Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant Relating to a Portion of the Poudre River Corridor, from the Consent Agenda. • CONSENT CALENDAR Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Shirley Peel, District 4 AYES: Pignataro, Francis, Amdt, Canonico, Peel, Ohlson, Gutowsky 1. Consideration and Approval of the Minutes of the December 21. 2021 and January 4. 2022 Regular Meetings. (Adopted) The purpose of this item is to approve the minutes of the December 21, 2021 and January 4, 2022 regular meetings. 2. Second Reading of Ordinance No. 001. 2022. Appropriating Prior Year Reserves in the General Fund and Golf Fund and Authorizing Transfers of Appropriations for the Southridae Golf Course Irrigation Project. (Adopted) This Ordinance, unanimously adopted on First Reading on January 4, 2022, appropriates $375,000 from the General Fund Southridge Golf Irrigation Reserve and $825,000 from the Golf Fund to purchase materials for the irrigation system and pond lining construction project scheduled to begin in October of 2022. 3. Items Relating to the Fort Collins Police Services Victim Services Unit. (Adopted) A. Second Reading of Ordinance No. 002, 2022, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. Second Reading of Ordinance No. 003, 2022, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victim of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. This Ordinance, unanimously adopted on First Reading on January 4, 2022, funds the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a $49,000 VALE grant for the period from January 1, 2022 to December 31, 2022. The VALE grant is through the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. City of Fort Collins Page 116 The VOCA Grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victim of Crime Act (VOCA), to help fund services provided by this team. The first half of the grant in the amount of $24,551 was received and appropriated in 2021 (per Ordinance # 003) The amount to be received in 2022 is $24,550. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. 4. Second Reading of Ordinance No. 004. 2022. Amending Chapter 26 of the Code of the City of Fort Collins to Correct a Clerical Error. (Adopted) This Ordinance, unanimously adopted on First Reading on January 4, 2022, corrects a clerical error. In Ordinance No. 119, 2021, Subsection (c)(3) of City Code Section 26-129 was purposefully deleted. However, that subsection was inadvertently included in the subsequently enacted Ordinance No. 151, 2021 and should be deleted as originally intended. 5. Second Reading of Ordinance No. 005. 2022, Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program. (Adopted) This Ordinance, unanimously adopted on First Reading on January 4, 2022, amends City Code sections related to the Building Energy and Water Scoring (BEWS) program to align with new State of Colorado legislation and to improve the efficiency of administration. This item does not add any new requirements for building owners. These changes include: • Alignment with Colorado HB 21-1286 (codified at C.R.S. §25-7-1421 "Energy Performance for Buildings." • Removal of program phasing which was included in the original BEWS ordinance in 2018. All properties 5,000 square feet and larger will have annual reporting requirements starting June 1, 2022. • Removal of prohibition on setting a required minimum ENERGY STAR ® score for non -City buildings. • Addition of a requirement for the City Manager to set Building Energy Performance Standards for all City owned facilities in alignment with HB 21-1286. • Revisions to violations and penalties to align with Municipal Court processes outlined by §1-15(f) of the Code • Add exemption categories that align with HB 21-1286. 6. Second Reading of Ordinance No. 006. 2022. Authorizing Conveyance of an Easement on City Right -of -Way to Hartshorn Waterworks. LLC to Relocate Irrigation Lines Off Traverse Park. (Adopted) This Ordinance, unanimously adopted on First Reading on January 4, 2022, authorizes the conveyance to Hartshorn Waterworks, LLC ("Hartshorn") of an easement in a City -owned right-of-way for relocated irrigation lines. The City is developing Traverse Park. Hartshorn owns certain irrigation lines that traverse the park site and provide non -potable water to the surrounding neighborhood. Pursuant to a November 16, 2021, agreement that addresses various aspects of the park site, the City and Hartshorn agreed to the relocation of these irrigation lines from the park site and into the City - owned right-of-way contingent upon (1) the City granting Hartshorn an easement for the relocated irrigation lines and (2) the City entering into certain agreements with the owners of the lots adjacent to the right-of-way. The City would not convey the proposed easement to Hartshorn until the City has acquired these agreements from the adjacent lot owners. City of Fort Collins Page 11 7. First Reading of Ordinance No. 007. 2022. Appropriating Prior Year Reserves in the Transit Services Fund to Expand the Scope of Work for North College MAX Plan. (Adopted) The purpose of this item is to appropriate $48,340 from Transit Services Fund Reserves to expand the scope of work for the North College MAX Plan to include additional public engagement and emphasis on land use and transit -oriented development. 8. First Reading of Ordinance No. 008. 2022. Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Environmental Services Radon Program. (Adopted) The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Departments core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2022 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. 9. Items Relating to the Timber Lark Annexation. (Adopted) A. Resolution 2022-019 Setting Forth Findings of Fact and Determinations Regarding the Timber Lark Annexation. B. Public Hearing and First Reading of Ordinance No. 009, 2022, Annexing the Property Known as the Timber Lark Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Timber Lark Annexation. The Timber Lark Annexation consists of approximately 35.17 acres and establishes the required 1/6 contiguity with existing City limits. The Timber Lark Annexation is located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road and would incorporate the property into Fort Collins' municipal boundaries, as well as into the Residential Neighborhood Sign District, and Lighting Context Area Map. A related item to zone the annexed property is presented as the next item on this Agenda and the zoning addresses the proposed changes to the Residential Neighborhood Sign District and the Lighting Context Area Map. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 10. Public Hearing and First Reading of Ordinance No. 010. 2022. Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timber Lark Annexation to the City of Fort Collins, Colorado. and Approving Corresponding Changes to the Residential Neighborhood Sian District and Lighting Context Area Map. (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 2021-093. The purpose of this item is to apply zoning to the property included in the annexation, known as the Timber Lark Annexation, located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road. The proposed zoning for this annexation is Low Density Mixed - Use Neighborhood (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 (in Larimer County) to the south, and Residential Low Density (RL) to the west. The abutting City limits to the north and adjacent city limits to the east are zoned Low Density Mixed -Use Neighborhood (L-M-N). Staff also recommends placement into the Residential Neighborhood Sign District, and Lighting Context Area map. City of Fort Collins Page 118 C 11. First Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House. 1433 South Overland Trail. 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 Section 1(0 of the Council's Rules of Meeting Procedures adopted in Resolution 2021-093. The purpose of this item is to request City landmark designation for the property at 1433 South Overland Trail. In cooperation with the property owner, the Ponds at Overland Trail HOA, City staff and the Historic Preservation Commission (the "Commission') have determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul and Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area. The HOA owner is requesting designation, which will provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. 12. First Reading of Ordinance No. 012. 2022, Authorizing the Conveyance of a Temporary Construction Easement on the South Transit Center to Faircoll. LLC. (Adopted) The purpose of this item is to convey a 3,675-square-foot temporary construction easement (TCE) to Faircoll, LLC (Faircoll), for construction improvements at the City -owned real property at 4915 Fossil Boulevard, which is the location of the South Transit Center. Faircoll is the owner of the adjacent property and as part of the development of apartments at its property, Faircoll is required to install permanent pedestrian connections from its property to the South Transit Center. The TCE grants Faircoll access and permission to perform this work an the City's South Transit Center property at no cost to the City. 13. Resolution 2022-021 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said Districts (Adopted) The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2021 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Springer -Fisher Annexation No. 1, Springer -Fisher Annexation No. 2, Gil Boyer Annexation and Northwest Frontage Road Annexation. Colorado Revised Statutes Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney's Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. 14. Resolution 2022-022 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins. Colorado and the Colorado Department of Transportation for the FASTER Transit Program Grant for Fiscal Year 2022 to Fund Transfort's FLEX Service. (Adopted) The purpose of this item is to authorize the Mayor to enter into an Intergovernmental Agreement ("IGA") with the Colorado Department of Transportation ("CDOT") to receive $200,000 in grant funds awarded to the City through the Statewide Competitive Pool of the Funding Advancement for Surface Transportation and Economic Recovery Act of 2009 ("FASTER") Transit Program for fiscal year 2022 (the "Grant"). Under the terms of the IGA with CDOT, to receive the Grant funds, the City of Fort Collins is required to provide a $200,000 local match. Both the Grant and local match funds were appropriated through the 2022 Budgeting for Outcomes cycle and are accounted for in Transfort's approved 2022 budget. City of Fort Collins Page 119 • CONSENT CALENDAR FOLLOW-UP Councilmember Pignataro requested clarification regarding Item No. 14, Resolution 2022-021 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. City Attorney Daggett replied the petitions are filed annually to ensure recently annexed properties are excluded from the property taxes in the fire protection district as quickly as possible. Regarding Item No. 7, First Reading of Ordinance No. 007, 2022, Appropriating Prior Year Reserves in the Transit Services Fund to Expand the Scope of Work for North College MAX Plan, Councilmember Ohlson requested the study include the status of medians along North College. Deputy City Manager Stannert replied staff will provide information prior to Second Reading. • STAFF REPORTS A. Staff Report: EDic Homes & Bloomberg Mayors Challenge John Phelan, Energy Services Senior Manager, discussed the City's EPIC Homes program, which is a comprehensive program for upgrading single family homes from an energy conservation perspective. He commented on the importance of partnerships to the program and on the focus to increase participation of rental properties. Tom Peck, rental property owner, discussed his experience with utilizing the resources of the program for his rental properties. He commended the program and congratulated Fort Collins for its success. Mayor Arndt announced this year's Bloomberg Mayors Challenge award and noted the EPIC program was assisted by Fort Collins' receipt of the award last year. Councilmembers Pignataro and Canonico commended the program and described their experience with the program. • COUNCILMEMBER REPORTS Councilmember Peel reported on attending the regional talent and workforce convening and on serving breakfast at the Murphy Center. She discussed the services provided by the Murphy Center for homeless individuals. She also reported on walking in the MLK, Jr. March. Mayor Arndt reported on the MLK, Jr. March and events. Councilmember Canonico reported Art in Public Places opportunities to apply for the Pianos About Town Project and the Public Artist in Residence Program. Councilmember Gutowsky reported on attending the Leadership Fort Collins mock Council meeting. • CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION City of Fort Collins Page 120 15. Resolution 2022-020 Approving an Art Proiect for the Vine & Lemav Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and the Project Budget to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. (Postponed Indefinitely) The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account to commission the art for the Vine & Lemay Project. The expenditures of $160,000 will be for design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Joshua Wiener of Flowcus to create the art for the Vine & Lemay Project Mayor Pro Tem Francis stated she pulled the item as she does not believe the proposed art installation fits the context of the neighborhood. She also stated the selected artist is not from the community and suggested this item be sent back to the Art in Public Places Board to restart the process and more heavily engage those in the neighborhood. Ellen Martin, Visual Arts Administrator, stated the proposed project followed the Art in Public Places and purchasing procedures and the proposed artwork is responsive to the physical site. She discussed the proposed project features and stated the artist was selected by an open competitive process by members of the Art in Public Places Board, project team, and purchasing representative. She also stated the neighborhood history is represented in the adjacent Sugar Beet Park which includes three art installations. Councilmember Ohlson agreed with Mayor Pro Tem Francis that he would like the project to be further examined and have a local artist considered. Councilmember Pignataro asked if there is an opportunity for public or neighborhood input in the process. Martin replied there was a great deal of outreach at the beginning of the design of the entire capital project; however, that occurred prior to individual artwork submissions. Councilmember Pignataro suggested there should be a way to make room in the process for additional neighborhood input regarding the finished art piece. Councilmember Canonico asked how many respondents there were to the RFQ. Martin replied she would need to research the exact number; however, the general number of respondents is usually around 50. Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to postpone indefinitely Resolution 2022-020, to allow staff additional time to improve the process and incorporate neighborhood input. City of Fort Collins Page 121 RESULT: MOVER: SECONDER: AYES: NAYS: RESOLUTION 2022-020 POSTPONED INDEFINITELY [6 TO 1] Emily Francis, District 6 Kelly Ohlson, District 5 Pignataro, Francis, Amdt, Peel, Ohlson, Gutowsky Canonico 16. Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant Relating to a Portion of the Poudre River Corridor. {Postponed to January 24) The purpose of this item is to request approval to pursue a visioning grant through Great Outdoors Colorado (GOCO) for improvements to a section of the Poudre River corridor located approximately between Lee Martinez Park and Linden Street as provided by the 2014 Poudre River Downtown Master Plan. The visioning grant provides opportunity for additional community outreach and master planning, with a focus on underserved neighborhoods and businesses near the downtown river corridor. As part of the grant program, awarded communities may receive sizable grant awards for implementation (up to $10 million per project) in a future phase. Councilmember Ohlson stated he pulled this item due to concerns and stated he would like to postpone the item to allow time for him to get clarification from staff or to discuss the item at a work session. He suggested the dollars from the GOCO visioning grant should be spent protecting and preserving the slivers of the natural world that run through the community. He stated the current proposal is the opposite of an improvement or enhancement. He also commented on the inclusion of $10,000 in the grant from the bicycle community and opposed the placement of a bike park in the riparian corridor of the Poudre River. Kurt Friesen, Director of Park Planning and Development, stated staff is proposing to submit for the grant as it is a good opportunity to receive funds for the City. He noted GOCO has changed its grant system to provide fewer, larger grants and stated the goal for this grant is to advance the goals of the 2014 Downtown Poudre River Master Plan by enabling internal planning and public outreach targeted to local businesses and residents. He commented on the importance of being sensitive to the natural environment. Michelle Haefele thanked Councilmember Ohlson for keeping an eye on the intended mission of the City's natural areas, which is foremost to preserve the natural environment. Councilmember Pignataro asked if there is anything in this proposal that is outside the scope of the 2014 Master Plan. Friesen replied the 2014 Plan was a framework identifying potential enhancement areas with a focus on the four included park properties. He stated the intent for the use of the grant funds would be to work within the framework of the 2014 Plan while also doing outreach to underserved area communities that did not participate much in that planning effort. Councilmember Pignataro asked about the timing of the grant. Friesen replied the grant application was due December 31st and was submitted. The final piece of the grant is this Council Resolution. Councilmember Pignataro asked if the application would no longer be correct should the Plan be changed. Friesen replied the grant application is not for an implementation project, just for visioning and master planning. After that work is complete, the necessity for an implementation project could be determined. He stated the grant application was submitted per the framework of the 2014 Plan and suggested the application be withdrawn if Council is not comfortable with the direction. 0 0 0 City of Fort Collins Page 122 o Councilmember Canonico asked if there is time for future input from the community and Council. Friesen replied in the affirmative. Councilmember Canonico asked if environmental groups are or can be included as stakeholders. Friesen replied they can be included and stated the list of stakeholders is not all inclusive at this point. Councilmember Canonico asked about the $10,000 commitment from the bicycle community. Friesen replied that is currently just a commitment toward a feasibility study for a bike park in the area. He stated a grant agreement with the Bike Club would be needed if the grant is awarded. Councilmember Ohlson opposed the wording in the resolution related to Council's support. He stated outreach should have occurred prior to the submission of the grant application and stated no environmental advocates were consulted. He stated a sensitivity to the riparian corridor along the river needs to exist whether Parks owns the land or not. He stated he would not support this item and will actively work to oppose it. He stated he would like to see Council be consistent in its support of existing adopted plans and expressed disappointment with the City organization. Councilmember Gutowsky commented on Councilmember Ohlson's rich history with work on the Natural Areas and river system and stated his myriad concerns have led her to believe there is no reason to move forward with this grant application until further work is completed. Councilmember Pignataro suggested the possibility of continuing this meeting to next week's work session for a vote to allow time for Council to get some clarity. Mayor Pro Tem Francis stated this is a visioning and community engagement grant and stated those items occur for all plans. Friesen concurred with that definition of the grant. Mayor Pro Tem Francis commented on the disparity between south and north Fort Collins in terms of bike trails and natural areas and systems. She stated the area along the river needs a great deal of work and the residents along the North College corridor need a better quality of life. Mayor Arndt stated she would have liked to have seen this item come before Council earlier and not on the Consent Agenda. She thanked Councilmember Ohlson for pulling the item and stated an item needing Council approval should come a bit earlier in the process. Councilmember Ohlson thanked Council for the discussion and stated continuing the vote per Councilmember Pignataro's suggestion would have delayed the need for him to begin contacting individuals to oppose this item. He also concurred with Mayor Arndt's comments that this should have come before Council earlier. He requested clarification regarding the list of projects that seem to be required to occur if the grant is received. Friesen replied the photographs in the grant application are for context to help orient the grant reviewers and are not indicative of what projects are intended to be proposed. He reiterated this is a visioning grant, not an implementation grant, and there is no obligation to apply for an implementation grant. Councilmember Peel stated she would support Councilmember Pignataro's suggestion to continue the discussion. Councilmember Ohlson stated the optics of the bicycle group that would benefit from the bike park funding the feasibility study do not seem appropriate. Deputy City Manager Stannert and Friesen clarified there is no requirement for those funds to be included. City of Fort Collins Page 123 Councilmember Gutowsky also supported Councilmember Pignataros' suggestion to continue the discussion. City Attorney Daggett discussed the upcoming meeting schedule and possible meeting continuation and noted this could be postponed to the adjourned meeting on Monday. Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to table Resolution 2022-023 to Monday, January 24th. Yeas: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, and Gutowsky. Nays: none. THE MOTION CARRIED. (Secretary's Note: The Council took a brief recess at this point in the meeting.) RESULT: MOVER: SECONDER: AYES: POSTPONED TO JANUARY 24 [UNANIMOUS] Emily Francis, District 6 Shirley Peel, District 4 Pignataro, Francis, Amdt, Canonico, Peel, Ohlson, Gutowsky • DISCUSSION ITEMS 17. Resolution 2022-024 To Support Temporary Housings in Fort Collins for Victims of the Marshall Fire. (Postponed Indefinitely) The purpose of this item is to consider formally supporting staff in refraining from enforcement of the Occupancy Ordinance for households in Fort Collins that are hosting residents impacted by the Marshall/Boulder County Fire. Caryn Champine, Director of Planning, Development and Transportation, provided context for this resolution and outlined last week's work session discussion regarding the Marshall Fire relief efforts and the status of requests for support and housing relief. She noted the greatest Code barrier in Fort Collins for supporting the ability to house residents impacted by the fire are occupancy regulations. She outlined the four options provided by staff and summarized the resolution. Joe Rowan stated this is an example of Council moving too quickly and not taking the time to understand obstacles or the scope of the resolution. He asked how many constituents have suggested the need for this particularly given the housing agencies serving Boulder County are not seeking help. He suggested adopting this resolution flies in the face of supporting working class families in Fort Collins. Michelle Haefele requested Council oppose the resolution as there is no need for it. She stated there are robust housing matching programs already in place being used by fire victims. Additionally, she noted all temporary shelters for fire victims have been closed as they are no longer needed. She opposed placing the burden of complaint on residents and stated a permitted exemption would be more equitable, more predictable for fire victims and their hosts, and more transparent for neighborhoods. She stated the resolution should be rejected until there is a demonstrated need. Jerry Gavaldon opposed the resolution as there is no demonstrated need. Kathryn Dubiel stated there is no need for temporary housing for the Marshall Fire victims. She suggested Council should table the resolution and put its efforts into enacting a mechanism that City of Fort Collins Page 124 meets future emergency housing needs. She stated if Council moves forward, she would request the use of a permitted exemption. Councilmember Peel stated this is not an attempt to begin to end You Plus Two; it was born of an honest desire to help neighbors. She agreed there are some issues with the resolution and supported the use of a permitted exemption. Mayor Pro Tem Francis concurred with Councilmember Peel that permitted exemption would be appropriate as it would allow for documentation regarding who is using the program and would provide a means to evaluate the effectiveness of the program. Mayor Arndt asked if a permitted exemption could be utilized in this situation for any type of declared emergency rather than a specific situation to allow for more nimble response. Councilmember Ohlson noted some type of change like that will be coming forward in Land Use Code changes. He stated he does not believe there is a need for this action; however, he stated he would support the permitted exemption process. He asked about the wording related to an emergency ordinance. City Attorney Daggett replied the language was not meant to establish an emergency in Fort Collins but was written to state there is an effect on Fort Collins related to the desire to help individuals who may need housing in Fort Collins on a temporary basis. She stated the language could be rewritten to avoid any misstatements that cause concerns. She stated there is no plan to bring forth an emergency ordinance. Councilmember Ohlson noted any future changes to the occupancy ordinance will apply to all parts of Fort Collins whether the area is covered by an HOA or not. Councilmember Gutowsky commented on the speed with which this item moved forward, particularly given the lack of perceived need, and stated that is likely why many constituents were concerned. She discussed Boulder's proposed program to require affidavits for those living in homes as well as requiring inspections to ensure safety of homes. She stated she would like to see those two items, as well as a time limit, as part of Fort Collins permitted exemption process. Councilmember Pignataro asked if there have been multiple requests for housing assistance, given the word `numerous' in the language. Champine replied that language was more derived from the work session conversation than from actual requests. Councilmember Pignataro asked if there is a timeline associated with `short-term need.' Champine replied staff has proposed the permit program involves an initial twelve month permit with the option to renew for an additional twelve months. Mayor Arndt suggested postponing indefinitely this resolution and considering a permitted exemption process related to declared emergencies or disasters. Councilmember Ohlson discussed the forthcoming Land Use Code changes related to declared emergencies, which he stated should not be rushed, and suggested the item related to this specific situation come forth in the next few weeks. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to postpone indefinitely Resolution 2022-024, and direct staff to draft an ordinance for a permitted exemption for Council's next regular meeting on February 15. City of Fort Collins Page 125 RESULT: MOVER: SECONDER: AYES: RESOLUTION 2022-024 POSTPONED INDEFINITELY [UNANIMOUS] Emily Francis, District 6 Julie Pignataro, District 2 Pignataro, Francis, Amdt, Canonico, Peel, Ohlson, Gutowsky 18. Sam's Club Fuel Station Appeal. (Upheld) The purpose of this item is to consider an appea! of the Planning and Zoning Commission (the "Commission") decision on May 20, 2021, denying the Addition of a Permitted Use ("APU") for a Sam's Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station within the parking lot of the existing Sam's Club retail membership warehouse at the southeast comer of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use Code. On July 30, 2021, the Appellant and Applicant, Sam's Club, and the known party in opposition, Harmony Market Owner's Association, contacted the City Clerk's Office and asked for a continuance of the August 4, 2021, hearing before Council. The Council continued the appeal hearing until January 18, 2021. City Attorney Daggett discussed the history of this item and outlined the appeal hearing process. Paul Sizemore, Director of Community Development and Neighborhood Services, stated the purpose of this item is for Council to consider an appeal of the Planning and Zoning Commission's May 2021 decision to deny an addition of permitted use (APU) and major amendment for a gasoline fuel station proposed in the Sam's Club parking lot at the southwest corner of Harmony Road and Boardwalk Drive. He discussed the Harmony Corridor zoning district, which encompasses the site, and associated allowed uses. He showed photos of the site and renderings of the proposed fuel facility. He noted the Commission's primary consideration was the proposed addition of a fuel station use and he discussed the APU process which is necessary in this case as the use is not listed as allowable in the regional shopping center type. Sizemore outlined the Planning and Zoning Commission's hearing of the item to consider the APU to add the use and the major amendment, which is the actual plan for the fuel station itself. He stated the Commission voted five to one to deny the APU because it did not conform to the criteria, specifically related to compatibility, adverse impacts, and changing the character of the surrounding area. Additionally, the Commission voted five to one to deny the major amendment because the APU was not approved and therefore the use was not allowable. Sizemore detailed the appeal allegations and stated Council must first determine whether the Commission failed to conduct a fair hearing. If Council finds a fair hearing was held on both issues, the second question related to failure to properly interpret and apply relevant Code provisions would need to be considered. Carolynne White, land use counsel for the applicant, introduced herself and members of the applicant team, including John DeGunya, with CEI Engineering and Chelsea Penn, Sam's Club real estate manager for the property. Lew Harstead, Johnson and Repucci Law Firm introduced himself as the representative of the entity that owns 4534 East Boardwalk Drive and as a party -in -interest opposing the appeal. Brad March, attorney, introduced himself as the representative of owners of other parcels in the shopping center and as a party -in -interest opposing the appeal. City of Fort Collins Page 126 Mayor Arndt outlined the time allotments for the appeal procedure. Mr. Harstead objected to the inclusion of new evidence, a June 10 letter from Sam's Club, stating it does not relate to the appeal allegations. Ms. White stated her team has no preference as to whether the letter is considered; however, she noted it was submitted in part in support of the request for a continuance of the appeal to allow the parties to further negotiate and attempt to reach an agreement. City Attorney Daggett noted it was correctly stated that the Code does recognize the ability of an appellant who has submitted a notice of appeal that includes a fair hearing allegation to then submit new evidence in support of that allegation. She stated Council may wish to not include the letter as the appellant has not sought for its inclusion. Mayor Arndt ruled the letter should not be included as evidence. Appellant Presentation Ms. White stated this item should have been presented as an accessory use rather than an addition of a permitted use, as this is not a stand-alone fuel station and is only accessible by existing members of the Sam's Club. She discussed the existing uses at the site and highlighted aspects of the proposed fuel station. She stated fuel stations are an allowed use in the Harmony Corridor zone district; however, they are not allowed in designated regional shopping centers as per the Harmony Corridor Standards and Guidelines, which is not the zoning code. She argued, therefore, that the APU language should not apply. Ms. White stated it is clear the Commission acted improperly when considering this item and stated the only evidence in the record that is not in support of the proposal meeting the APU criteria is the testimony of the representatives of the owners' association. She stated Sam's Club took that testimony seriously and has therefore been attempting to resolve some of those issues. She stated the transcript does not include any information as to which criteria the Commission felt was not met and why, and further detailed the Commission's discussion of the item stating it lacked details related to the decision to deny the proposal. Ms. White summarized some of the criteria her team felt were improperly applied by the Commission in its decision. She requested Council overturn the Commission's decision to deny the APU and major amendment, or at the least, remand the item back to the Commission to prove the opportunity to conduct a fair hearing. Opponent Presentation Mr. Harstead stated the Commission conducted a fair hearing and the Commissioners properly considered and applied the Land Use Code. He discussed the Planning and Zoning Commission hearing and noted Sam's Club representatives did not raise any objections about having to go through the APU process during that hearing. He outlined the portions of the hearing transcript during which Commissioners found the proposal to be out of compliance with certain APU criteria. He stated the assertion that the Commission considered improper criteria is without merit. Mr. Harstead noted all the existing gas stations in the regional shopping center were built before the enactment of the Harmony Corridor Standards and Guidelines. Additionally, he noted other property owners in the shopping center testified as to why the fuel station use would have a City of Fort Collins Page 127 negative impact on the area. He summarized his comments by stating the Commission held a fair hearing, properly considered and applied the Harmony Corridor Plan and APU criteria under the Land Use Code and arrived at the proper conclusion that the proposed plan failed to meet the criteria in the Land Use Code. Mr. March discussed the history of the Sam's Club site and noted the agreement with the previously planned tenant, Pace Warehouse, exempted it from payment of any assessments relative to upkeep of the roads in the center. He noted the proposed fuel station requires the use of the center's interior roads, for which Sam's Club has never had to pay to maintain. He also noted one of the criteria for granting an APU involves no significant impact on other properties in the association and another relates to traffic generation, which would increase with the proposed fuel station use. He requested Council uphold the findings of the Planning and Zoning Commission. Appellant Rebuttal Ms. White stated the Owners' Association had requested Sam's Club pay for the maintenance of the roadways that would be affected by this use. She stated that is what Sam's Club has been attempting to formalize a private agreement to accomplish. She outlined the timeline of events related to the shopping center and the formation of the Harmony Corridor Plan and stated the other fuel station in the shopping center was added after the Plan was adopted. Ms. White agreed the nature of the use will create traffic; however, she stated most people utilizing the fuel station will already be coming to the center because they are members of Sam's Club. She stated the transcript of the Commission's hearing shows that the Chair never states which of the criteria she thought the project did not meet. She added only one Commissioner stated which criteria were not met, though he did not explain why. This Commissioner only cited the findings in the staff report and presentations by staff and the applicant, which do not support the conclusion that the criteria are not met; therefore, the issue should at least be remanded. Regarding the APU process, Ms. White stated the applicant applied after consultation with staff indicated that was the appropriate process under which to apply; it was not a decision solely made by Sam's Club. She stated it is clear the Commission did not conduct a fair hearing, and misapplied several, if not all, of the applicable criteria for the APU process and in turn used that as the basis for denying the major amendment without any discussion whatsoever of the major amendment criteria or proposal. She requested Council remand the matter to the Commission or overturn its decision. Opponent Rebuttal Mr. Harstead disagreed the issue related to paying for interior road maintenance is a private issue between the parties and stated it is related to criterion D of the API. criteria. He also disagreed the existing gas station in the center was built after the Harmony Corridor Plan based on testimony in the hearing transcript. He detailed the motion made to deny the request and stated there was sufficient evidence the application does not meet the appropriate standards. Mr. March stated it does not matter why Sam's Club filed for an APU and the question as to whether that was the appropriate tactic is not relevant. He stated the record shows discussion of whether this is an appropriate use for the site and noted additional traffic for the fuel station will be created in the form of fuel trucks in addition to customers, which is part of the reason the Association objected. He stated the Association has attempted to work with Sam's Club since 2020 regarding an agreement on the roadways; unfortunately, that has yet to occur. City of Fart Collins Page 128 Council Questions and Deliberation Councilmember Peel asked whether the gas station on the property preceded the designation of the center as a regional shopping center. Sizemore replied in the affirmative. Councilmember Peel asked if the Planning and Zoning Commission is only able to consider the location, size, and design of the APU regarding compatibility and negative impact, and not the actual use. City Attorney Daggett replied part of the action tonight is to verify what Council's intent is for the Land Use Code language. She stated it is clear the location, size, and design of the use would be impossible to assess when not thinking of the use itself. She stated there is room for Council to interpret this as evaluating the impacts of this use in this place, including the consideration of its size and design. Mayor Arndt asked if individuals must be members of Sam's Club to utilize the fuel station. Ms. White replied in the affirmative. She also stated the appropriate question is not, will the use generate traffic or more traffic than is there today, but will it generate more traffic compared to other uses allowed in the zone district. She stated that also applies to odor, noise, or other factors. She outlined other allowed uses, including retail, service, supermarkets, drug stores, and other uses. Councilmember Peel stated, based on the transcript, she is having a hard time determining whether the Commissioners considered all the criteria and whether they considered them properly. She stated she believes the Commission followed the proper protocol but questioned whether the hearing was fair if each criterion was not discussed in a way that would lead someone to understand the reason for denial. City Attorney Daggett discussed the Land Use Code provision that describes the findings to be made by the decision maker which states all decisions must include at least the following: a clear statement of approval, approval with conditions, or denial, and a clear statement of the basis upon which the decision was made, including specific findings of fact with specific reference to the relevant standards. She also noted there are specific provisions in City Code related to appeals and the scope of this hearing and appeal is limited to the items identified in the notice of appeal. Councilmember Peel suggested the item should be remanded to the Commission to allow Commissioners to further detail the reasons they feel the criteria were not met. Councilmember Pignataro asked what obligation the City Attorney present at Planning and Zoning Commission meetings has regarding an observation a fair hearing is not taking place. City Attorney Daggett replied the attorneys attempt to ensure the Commission understands the requirements for their action, provide suggestions on how to structure motions, and suggest what kinds of statements should be made on the record to try to create a good decision record. She noted the appeal does not allege the Commission ignored its established rules of procedure; however, if it is unclear to Council whether the appropriate interpretation of the Code has been applied, it would be appropriate for Council to remand to request Commissioners more fully articulate their decision. Councilmember Pignataro requested additional information regarding an accessory use versus addition of a permitted use. Clark Mapes, City Planner, replied staff ultimately determined the applicant should go through the APU process because of the magnitude of the use and the traffic it would generate, though it was a close decision. He stated an accessory use is customarily used City of Fort Collins Page 129 with, and clearly incidental and subordinate to, the principal use of the land, and something that is ordinarily located on the same lot with the principal use. Councilmember Pignataro asked if Sam's Club could return with a new application for an accessory use. Mapes replied the Planning staff would not allow that for the same reasons it did not allow the accessory use application originally. Councilmember Pignataro requested examples of clear accessory uses. Mapes replied an outdoor storage area for a retail establishment would be an accessory use. Councilmember Peel asked if fuel stations are customarily part of warehouse grocers. Mapes replied the use is becoming more common, which is why it was a close finding for staff to determine the need of the APU process. Sizemore noted the scope and scale aspects of the determination are important and he cited examples of accessory uses in residential areas, such as garages, which add negligible impact to the primary use and does not change the fundamental nature or impacts of the primary use. Councilmember Ohlson stated he would prefer the appeal be denied and the decision of the Commission be upheld. He stated the Harmony Corridor development came about as the community did not want another Mulberry Avenue corridor, including not having automobile and gas station uses. He noted the bar for the APU process is higher and stated all eight applicable criteria need to be met. He asked if a memo was sent from the City Attorney's Office regarding a fair hearing. City Attorney Daggett replied the memo was sent and stated it seeks to ensure the standards were explained. Councilmember Peel stated she does not believe the proposed project is a good idea and she does not want to change the Harmony Corridor Plan; however, she would like to answer the questions put before Council and she does not feel she can do that solely based on the information provided. City Attorney Daggett noted there is a provision in the Land Use Code that imposes a post -denial resubmittal delay. Mayor Pro Tem Francis stated she believes a fair hearing was conducted. Mayor Arndt and Councilmember Canonico concurred. Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that Council find that the Planning and Zoning Commission conducted a fair hearing in its consideration of the APU and major amendment for Sam's Club Fuel Station, and that the Commission did not substantially exceed its authority or jurisdiction or abuse its discretion, and did not consider evidence relevant to its decision that was substantially false or grossly misleading. Yeas: Canonico, Ohlson, Gutowsky, Pignataro, Francis and Arndt. Nays: Peel. THE MOTION CARRIED. Mayor Pro Tem Francis stated she believes the Commission properly interpreted the Land Use Code and stated she would uphold the Commission's denial of approval. She noted gas stations were purposely excluded in this shopping center and she stated the proposed gas station does not fit within the context of the area. Councilmember Canonico discussed Mapes' comments related to staff finding the APU as the appropriate technique, which does require closer scrutiny. City of Fort Collins Page 130 Councilmember Peel stated the question Council is to answer is whether the Commission properly interpreted the Land Use Code, and she does not believe that is clear from the transcript. Councilmember Ohlson concurred with Mayor Pro Tem Francis. Mayor Arndt also concurred and stated the Commission properly interpreted and applied the relevant criteria and not all the criteria were met for approval of the APU. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, that the Council find that the Planning and Zoning Commission properly interpreted and applied applicable Land Use Code sections in its consideration of the APU and major amendment for Sam's Club Fuel Station, and properly found that the project does not fit due to size and location, creates more offensive noise, vibration, dust, heat, smoke, or odor because of additional traffic, and does not conform to the basic characteristics of the Harmony Corridor zone because the use was purposely excluded from regional shopping centers. She further moved to uphold the Planning and Zoning Commission's decision denying approval of the APU and major amendment for Sam's Club Fuel Station. RESULT: MOVER: SECONDER: AYES: NAYS: DENIAL UPHELD [6 TO 1] Emily Francis, District 6 Julie Pignataro, District 2 Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky Peel • OTHER BUSINESS A. Consideration of a motion to cancel the Tuesday, February 1, 2022 Regular Council meeting: Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council cancel its regular meeting of February 1, 2022, pursuant to City Code Section 2-28(a), in light of the State of the City Address. RESULT: MOVER: SECONDER: AYES: MOTION ADOPTED [UNANIMOUS] Emily Francis, District 6 Susan Gutowsky, District 1 Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky • ADJOURNMENT Consideration of a motion to adjourn this meeting to 4:00 pm on Monday, January 24, 2022: Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council adjourn this meeting to 4:00 pm on Monday, January 24, 2022, to consider a possible executive session and other matters related to the selection of a new City Manager and such other business as may come before the Council. RESULT: MOVER: SECONDER: AYES: MOTION ADOPTED [UNANIMOUS] Emily Francis, District 6 Susan Gutowsky, District 1 Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky City of Fort Collins Page 131 The meeting adjourned at 11:14 PM. City Clerk City of Fort Collins Page 132