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HomeMy WebLinkAboutMINUTES-08/16/2011-RegularAugust 16, 2011 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 16, 2011, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and W eikunat. Staff Members Present: Atteberry, Krajicek, Roy. Agenda Review City Manager Atteberry stated Item No. 25A, Reconsideration of a Motion Adopted by Council at a Special Meeting Held on Thursday, August 11, 2011, Expressing the City's Objections to Construction on Phase III of the Dixon Creek Substation to Horseshoe Station Transmission Line Project and Authorizing the City Attorney to Seek a Court Order Enjoining Construction of Phase III, if Necessary, or To Take Such Other Appropriate Legal Action As May Be Needed to Protect the Interests of the City, has been added to the agenda. Item No. 21, First Reading of Ordinance No. 109, 2011, Authorizing a Grazing Lease on the Vangbo Property to Allison Person, is recommended to be withdrawn. City Manager Atteberry recommended moving Item No. 29, First Reading of Ordinance No. 098, 2011, Repealing and Reenacting Division 14, Article III of Chapter 2 of the City Code, Dissolving the Electric Board and Creating and new Energy Board, to follow Item No. 25A in the agenda. Citizen Participation Mel Hilgenberg, 172 North College, discussed the ticketing process for the Lincoln Center, noting there is no opportunity to purchase tickets without a fee. He suggested names for alleys in the downtown area and encouraged an open space allocation of property owned by New Belgium next to Lincoln Avenue. Stacy Lynne, 216 Park Avenue, discussed the non -consent to magistrate form. Philip Hales, 220 Fishback Avenue, discussed non-profit solicitors in Old Town and suggested they be placed at tables. Shane Miller, 4325 Mill Creek, opposed restricting non-profit solicitors in Old Town. Citizen Participation Follow-up Mayor Weitkunat asked about the status of non-profit solicitors in Old Town. City Attorney Roy replied City streets are a traditional public forum in which commercial and non-commercial speech is permissible. 441 August 16, 2011 CONSENT CALENDAR 6. Consideration and approval of the minutes from the July 5 and July 19, 2011 Regular Meetings and the July 26 Adjourned Meeting. Items Relating to Amendments to the Definitions in Article I of Chapter 26, the Electric Article of Chapter 26 and to Standards for Interconnection of Electric Generation Facilities. A Second. Reading of Ordinance No. 079, 2011, Making Certain Amendments to Chapter 26 of the City Code Pertaining to the Provision of Net Metering Service and Certain Definitions Related Thereto. B. Second Reading of Ordinance No. 080, 2011, Amending Various Provisions of the City Code and the Land Use Code Pertaining to the Definition of General Manager. C. Second Reading of Ordinance No. 081, 2011, Making Certain Amendments to Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. These Ordinances, unanimously adopted on First Reading on July 5, 2011, make minor revisions to the definitions section of Article I and to the Electric Article of Chapter 26 of the City Code and the Land Use Code. These revisions include updating the definition of General Manager, clarification regarding the provision of net metering service and clarification regarding authority to execute interconnection or parallel generation agreements on behalf of the City. Light and Power is also recommending adding clarifying language to the City's indemnification and insurance requirements contained in the City's Interconnection Standards. These standards govern operational and other requirements for interconnection generating facilitiessto,the City's-electric distribution system. — 'F.•"' Second Reading of Ordinance No. 090 2011 Appropriating General Fund Prior Year Reserves for the Affordable Housing Fund and Land Bank Program. City Council authorized expenditures in 2010 for Affordable Housing and the Land Bank Program. All of the authorized expenditures were not spent in 2010 because the projects for which the dollars were originally appropriated could not be completed during 2010. This Ordinance, unanimously adopted on First Reading on July 19, 2011, reappropriates $295, 821 and is necessary for completion of the projects in 2011. These unexpended monies lapsed into the General Fund balance at the end of 2010 and reflect no change in Council policies. 9. Second Reading of Ordinance No. 091, 2011, Appropriating_ Unanticipated Revenue from the Colorado Department of Transportation in the City Bridge Program Fund for the Shields Street Bridge Replacement and Laporte Avenue BridgeReplacement. This Ordinance, unanimously adopted on First Reading on July 19, 2011, appropriates fund from three grants received from the federally funded Colorado Off -System Bridge Program totaling $2,225,932. This funding contract between the City and Colorado Department of 442 Auo st 16, 2011 Transportation is for the replacement of two structurally deficient bridges owned bythe City. The two bridges are Shields Street Bridge over Larimer Canal No. 2, near Rolland Moore Park, and Laporte Avenue Bridge over the Arthur Ditch, between Shields Street and College Avenue. 10. Second Reading of Ordinance No. 092, 2011, Authorizine the Execution of a Power Purchase Agreement Contract with a Photovoltaic Provider at the Water Treatment Facility for a Term of Up to 20 Years. The Water Treatment Facility receives its electrical power from Xcel Energy. A solar power generation project, with a fixed electrical rate sold back to the City, allows the offset of a portion of electrical usage at the plant site. A third party Photovoltaic system developer will design, construct, operate and maintain for up to 20 years a solar power project. This Ordinance, unanimously adopted on First Reading on July 26, 2011, allows for a 20-year contract between the system developer and the City. 11. Items Relating to the Completion of the 2011 Spring Cycle of the Competitive Process for Allocating Citv Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant.(CDBG) and Home Investment Partnerships (HOME) Programs, and the City's Human Services Pro rg am. A. Second Reading of Ordinance No. 096, 2011, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 097, 2011, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnerships Fund. Ordinance No. 096, 2011, appropriates the City's FY 2011 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Ordinance No. 097, 2011, appropriates the City's FY 2011 HOME Participating Jurisdiction Grant from HUD. Both Ordinances were unanimously adopted on First Reading on July 19, 2011. 12. First Reading of Ordinance No. 099, 2011, Authorizing the Transfer of Existing Appropriations from the Linden Street Streetscape Project to the Cultural Services Fund for the Art in Public Places Program. This Ordinance appropriates $17,998 for administration, design, materials, installation and contingency for a project with Fort Collins artist Susan Dailey, to create up to twelve granite pavers to be integrated into the streetscape of the Linden Street Streetscape Project. 443 August 16, 2011 13. First Reading of Ordinance No. 100, 2011, Appropriating Unanticipated Revenue in the Cultural Services Fund and in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. The Lincoln Center Renovation project is funded primarily through the Building on Basics capital tax approved by voters in 2005. Unanticipated grant and donation revenue will be used to complete the full scope of the estimated $8.2 million project. Approximately $5.5 million has been appropriated from the Building on Basics tax and $2.6 million from unanticipated grant revenue and prior year reserves in the Cultural Services and General Funds. 14. First Reading of Ordinance No. 101, 2011, Appropriating Prior Year Reserves in the Cultural Services Fund for, Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project. The Discovery Center, a Colorado non-profit corporation, has provided funds, currentlyheld in the Capital Projects Fund, in the amount of $738,034 in support of the Exhibits for the new Fort Collins Museum and Discovery Science Center Joint Facility project. Also, $100,000 from the Fort Collins Museum Donation Reserves are being provided to support the Exhibits. Additionally, an estate gift in the amount of $150 has been provided. 15. Items Relating to the South Transit Center Park and Ride Project. A. Resolution 2011-068 Authorizing the Mayor to Enter into a Contract with the Colorado Department of Transportation for the Construction of the South Transit Center Park and Ride. _ B. First Reading of Ordinance No. 102, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the South Transit Center Park and Ride. City staff applied to the Colorado Department of Transportation (CDOT) for Senate Bill 1 funding for one project that included the South Transit Center (STC) and an adjacent park and ride facility. In 2009, CDOT approved funding for the STC, but did not fund the park and ride. A 2010 CDOT grant subsequently approved the necessary funding to build the adjacent park and ride facility. Previous Council action approved the contract for construction of the STC facility; this Resolution executes the contract for the park and ride only. The South Transit Center (STC) Park and Ride will serve as Transfort's first Park and Ride facility. The STC Park and Ride will serve a wide range of users with 170 public parking stalls providing access to the Mason Trail and Transfort bus service. The STC Park and Ride will also serve the regional FLEX service and the Mason Bus Rapid Transit system known as MAX. These state funds will be used as local match to the Federal Transit Administration funds for the overall Mason Corridor Project. 444 August 16, 2011 16. First Reading of Ordinance No. 103 2011 Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011-2012 Safe Routes to School Program The City of Fort Collins Transportation Planning Division has received a $99,800 federal grant through the Colorado Department of Transportation for the FY 2011-12 Safe Routes to School (SRTS) program. This funding will allow the City of Fort Collins' Safe Routes to School Program (administered and staffed by the Transportation Planningbivision) to provide pedestrian and bicycle safety education programs. 17. First Reading of Ordinance No 104 2011 Appropriating Unanticipated Grant Revenues in the General Fund for Police Services and Appropriating Funds from the Police Operating Budget. A grant in the amount of $45,000 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for salaries associated with the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) for all other offenses. Restorative Justice is an alternative method of holding a young offender accountable by facilitating a meeting with the offender, the victim/victim representative and members of the community to determine the harm done by the crime, and how to repair the harm. By identifying and repairing the harm caused by the crime, Criminal Justice Officials are optimistic repeat offenses by these youth will be reduced and the needs and concerns of the victims and affected community will be addressed. An $8,700 cash match is required and will be met by appropriating funds from the police operating budget designated for Restorative Justice Services. Total required match is 25% so an additional $6,300 in -kind match was included in the grant application from the Eighth Judicial District Probation Department. The grant period is from July 1, 2011 to June 30, 2012. 18. First Reading of Ordinance No. 105, 2011, Appropriating Proceeds from the Issuance of City of Fort Collins, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding Bonds, Series 2011 A, in the Maximum Aggregate Principal of Amount of $8.750 000 in the Stormwater Utilitv Fund. This Ordinance appropriates $8,750,000 to pay off the 2002 Storm Drainage Revenue bonds. The funding source is the proceeds from the 2011A Storm Drainage refunding bonds. Market conditions are such that they can be refinanced at lower interest rates, resulting in an estimated net present value savings of $500,000. 19. First Reading of Ordinance No. 107, 2011, Repealing Section 2-575 of the City Code Relating to the Compensation of Councilmembers. This Ordinance repeals the City Code provision relating to Council compensation. This section is unnecessary because the method for adjusting compensation is set out in the City Charter, and such adjustment is accomplished through administrative action of the City Manager. 445 August 16, 2011 20. First Reading of Ordinance No. 108, 2011, Authorizing the Conveyance of a Portion of City Property to the Lower Poudre Augmentation Company. Arapaho Bend Natural Area is located along the Cache la Poudre River near I-25 and East Harmony Road. The Lower Poudre Augmentation Company (LPAC) owns property immediately to the south of the portion of Arapaho Bend that lies east of I-25. A wire fence separates the two properties. A recent boundary survey revealed the fence separating the two properties was located slightly north of the described property line. The fence has been in place for greater than 18 years and has been recognized by the Natural Areas Program (NAP) and LPAC as the boundary of the Natural Area since the property was purchased in 2000. The strip of property between the fence and the described boundary line contains 0.703 acres. City staff determined that it was necessary to explore options for cleaning up the boundary issue to ensure clear boundary lines for future access, maintenance and use of the sites for both the NAP and LPAC. After meeting with LPAC on site and commissioning a survey of the boundary and fence lines, City staff proposed that this narrow strip of land described as City property be conveyed to LPAC in exchange for an access easement across the LPAC property and LPAC agreed. The current access to this portion of Arapaho Bend is limited and unsafe, with NAP staff accessing the natural area via the I-25 right of way. The access easement across the LPAC property will provide safe and permanent access for NAP staff. 21. First Reading of Ordinance No. 109, 2011, Authorizing a Grazing Lease on the Vangbo Property to Alison Person. . The City of Fort Collins Natural Areas Program (NAP) purchased the Vangbo Property in 2005. At the time of purchase, the property was leased by the Person family as pasture for horses boarded at Mountain View Stables, a local business also owned by the Persons. This lease is now expired and NAP is requesting authorization to enter into,a new lease for a. period not to -exceed five years. This lease -will generate $9,000 the first year; $12,000 the second, and $15,000 the third year. Should the lease extend to the fourth and fifth year, the rent will be adjusted based on the Denver -Boulder -Greeley CPI-U. 22. Resolution 2011-069 Appointing Two Representatives to the Colorado Municipal League Policy Committee. - Appointments to the Colorado Municipal League (CML) Policy Committee are made each fall and members serve for a one-year period from September through August. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. The Policy Committee is responsible for reviewing legislative proposals and recommending to the League Executive Board, positions of support, opposition, no position or amendment to a wide variety of legislation affecting cities and towns. At each annual conference in June, the Policy Committee proposes to the membership, revisions to the League's policies which guide League positions on public policy issues affecting municipalities. 446 August 16, 2011 The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. CML has asked that representatives be appointed by the end of July and has been notified that a resolution appointing Fort Collins' two representatives is scheduled to be considered on August 16. The first CML Policy Committee meeting will be held on Thursday, October 6. This Resolution appoints one Councilmember, to be selected at this meeting, and City Manager Dann Atteberry to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Krajicek. 8. Second Reading of Ordinance No. 090, 2011, Appropriating General Fund Prior Year Reserves for the Affordable Housing Fund and Land Bank Program. 9. Second Reading of Ordinance No. 091, 2011, Appropriating Unanticipated Revenue from the Colorado Department of Transportation in the City Bridge Program Fund for the Shields Street Bridge Replacement and Laporte Avenue Bridge Replacement. 10. Second Reading of Ordinance No. 092, 2011, Authorizing the Execution of a Power Purchase Agreement Contract with a Photovoltaic Provider at the Water Treatment Facility for a Term of Up to 20 Years. 11. Items Relating to the Completion of the 2011 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs, and the City's Human Services Program. ' A. Second Reading of Ordinance No. 096, 2011, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 097, 2011, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnerships Fund. Ordinances on First Reading were read by title by City Clerk Krajicek. 12. First Reading of Ordinance No. 099, 2011, Authorizing the Transfer of Existing Appropriations from the Linden Street Streetscape Project to the Cultural Services Fund for the Art in Public. Places Program. 13. First Reading of Ordinance No. 100, 2011, Appropriating Unanticipated Revenue in the Cultural Services Fund and in the Capital Projects Fund for the Building on Basics Lincoln Center Renovation Project. 447 August 16, 2011 14. First Reading of Ordinance No. 101, 2011, Appropriating Prior Year Reserves in the Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating Unanticipated Revenue in the Capital Projects Fund for the Fort Collins Museum/Discovery Science Center Project. 15. First Reading of Ordinance No. 102, 2011, Appropriating Unanticipated Revenue in the Capital Projects Fund, Mason Corridor Project for the South Transit Center Park and Ride. 16. First Reading of Ordinance No. 103, 2011, Appropriating Unanticipated Grant Revenue in the Transportation Services Fund for the FY 2011 `2012 Safe Routes to School Program. 17. First Reading of Ordinance No. 104, 2011, Appropriating Unanticipated Grant Revenues in the General Fund for Police Services and Appropriating Funds from the Police Operating Budget. 18. First Reading of Ordinance No. 105, 2011, Appropriating Proceeds from the Issuance of City of Fort Collins, Stormwater Utility Enterprise, Stormwater Utility Revenue Refunding Bonds, Series 2011 A, in the Maximum Aggregate Principal of Amount of $8,750,000 in the Stormwater Utility Fund. 20. First Reading of Ordinance No. 108, 2011, Authorizing the Conveyance of a Portion of City Property to the Lower Poudre Augmentation Company. Councilmember Troxell pulled Item No. 19, First Reading of Ordinance No. 107, 2011, Repealing Section 2-575 of the CityCode Relating to the Compensation of Councilmembers, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant; pulled Item Nos. 7 and I0;atems Relating -to Amendments to the Definitions in Article I of Chapter 26, the Electric Article of -Chapter 26, and to Standards for Interconnection of Electric Generation Facilities, and Second Reading of Ordinance No. 092, 2011, Authorizing the Execution of a Power Purchase Agreement Contract with a Photovoltaic Provider at the Water Treatment Facilityfor. a Term of Up to 20 Years, from the Consent Calendar. Councilmember Manvel made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Reports Councilmember Kottwitz discussed her work with 4H youth at the Larimer County Fair. Councilmember Poppaw praised Beet Street's Creative Garden at New West Fest. Councilmember Horak discussed the City employee picnic. August 16, 2011 Reconsideration of a Motion Adopted by Council at a Special Meeting Held on Thursday, August 11, 2011, Expressing the City's Objections to Construction on Phase III of the Dixon Creek Substation to Horseshoe Station Transmission Line Project and Authorizing the City Attorney to Seek a Court Order Enjoining Construction of Phase III, if Necessary, or To Take Such Other Appropriate Legal Action As May Be Needed to Protect the Interests of the City, Adopted The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This item relates to a power transmission line project planned for construction by Platte River Power Authority (Platte River) and Western Area Power Administration (WAPA) in the City's Pineridge Natural Area. Although Platte River obtained an easementfrom the City in 2006 to cross the City's Colina Mariposa Natural Area with underground lines in an earlier phase of this project, detailed information regarding the last phase of the project (Phase III) as it crosses Pineridge Natural Area has not been presented to or reviewed by the City. Efforts by the City in recent months to seek a delay in the project to allow time for discussion of impacts to the City's Natural Area have not been successful. Areas for further discussion include alternative routes, potential impacts, access routes, mitigation, possible undergrounding, and other similar concerns. Issues have been raised regarding whether the 1951 easements obtained by WAPA for its original transmission line are sufficient for the project proposed, whether temporary construction easements are needed for theproject, and whether the environmental review completed by WAPA has sufficiently identified and analyzed the impacts of the proposed project. Platte River representatives have indicated that the final phase of the project will begin in September, although the workplanned to take place on Pineridge Natural Area may not begin until several weeks later, perhaps as late as November. However, at this time the City has no assurance that any further consideration of the issues raised by the City will take place before work proceeds on the City's property. At its special meeting on Thursday, August 11, 2011, the City Council adopted a motion by a vote of 6 to 0, finding that postponing Council action regarding the City's Objections to Construction of Phase III of the Dixon Creek to Horseshoe Transmission Line Project would be contrary to the public interest. This finding met the requirement of City Code Section 2-32(d), in order for the Council to take up an item that was not specifically identified as an action item on the Council's agenda. The City Council then adopted by a vote of 6 to 0 a motion directing the City Manager and City Attorney to formally express to Western Area Power Administration, Platte River Power Authority and the City's member partners in Platte River, the City's objections to construction proceeding on Phase III of the Dixon Creek Substation to Horseshoe Station Transmission Line Project, and authorizing the City Attorney to seek a court order enjoining construction of Phase III, if necessary, or to take such other appropriate legal action as may be needed to protect the interests of the City. 449 August 16, 2011 Although the requirement for action without advance notice was met, Council leadership has asked the City Manager to bring this item forward for reconsideration on tonight's agenda in order to allow abetter opportunityfor public input on this matter". Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to reconsider the following motion that Council adopted on Thursday, August 1 lth: That the Council direct the City Manager and City Attorney to express to Western Area Power Administration, Platte River Power Authority and the City's member -partners in Platte River, the City's objections to construction proceeding on Phase III of the Dixon Creek Substation to Horseshoe Station Transmission Line Project, and further, that the Council authorize the City Attorney to seek a court order enjoining construction of Phase III, if necessary, or to take such other appropriate legal action as may be needed to protect the interests of the City. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, that the Council direct the City Manager and City Attorney as follows: (1) to attempt to negotiate with the Platte River Power Authority written agreement to postpone the commencement of construction of Phase III of the Dixon Creek substation to Horseshoe Substation Transmission Line project pending the completion of a rigorous, in-depth data -based analysis and review of the project and its related impacts as presently designed, as well as the pros, cons, costs, and benefits of the project and further pending the review and consideration of that analysis by the Fort Collins City Council and the other member cities of PRPA; (2) if such an agreement has not been negotiated and signed between PRPA and the City on or before August 26, 2011, to work with the Mayor to schedule a special meeting of the City Council to be held no later than,August 31, 2011, for the purpose of seeking Council approval of the commencement of such litigation as maybe necessary for the Cityto seek adjunctive relief from.a,court-of competent jurisdiction adjoining the construction of the project; and.(3) to prepare such legal documents as may be necessary -to -file such a court action -pending further direction from the Council. City Manager Atteberry stated, as early as September 2011, Platte River Power Authority will be building a major transmission line through Pineridge Natural Area. Citizens have expressed considerable concern regarding this effort. The Western Area Power Administration's determination of "no significant impact" does not reflect staff s view of a data -driven approach to examining impacts. Discussions with the PRPA staff to date have not been acceptable or in line with desired outcomes. Impact and costs analyses have not been produced by either PRPA or WAPA. Ross Cunniff, 2267 Clydesdale Drive, opposed PRPA's public outreach efforts and the possibility of placing the power lines through Pineridge. Steven Schwartz, 2943 Skimmerhorn Street, thanked Council for its sensitivity to the issue and opposed PRPA's public outreach efforts. Ward Whicker, 2954 Skimmerhom Street, opposed the proposed power line placement. Erin Grogan, 3034 Clemma Court, opposed the proposed power line placement. a, 450 August 16, 2011 Trudy Haines, 625 Hinsdale Drive, thanked Council for its motion and opposed PRPA's public outreach. Glenn Colton, 625 Hinsdale Drive, opposed the proposed power line placement. William Grogan, 3034 Clemma Court, opposed the proposed power line placement. Representative Randy Fisher, 3007 Moore Lane, supported Council's original motion and opposed PRPA's public outreach. Shane Miller, 4325 Mill Creek, opposed the proposed power line placement due to the potential for decreased property values and possible health risks. Kirsten Hartman, 2627 Pasquinel Drive, opposed the proposed power line placement due to potential health risks. Karen Miller, Fort Collins resident, opposed the proposed power line placement. Aaron Potts, 519 North Whitcomb, electric transmission line designer, asked why no concerns were previously discussed by Council and staff representatives who were on the PRPA Board in 2006. John Gascoyne, 718 West Mountain, opposed the proposed power line placement. Ardith Loustalet, 2942 Skimmerhorn Street, opposed the proposed power line placement. Eric Sutherland, 3520 Golden Currant, stated Council failed citizens when it did not previously take action on this issue. Bill Miller, Fort Collins resident, opposed the proposed power line placement and supported Council's decision to more thoroughly examine the issue. _ Dr. Matthew McLaughlin, 2809 Garrett Drive, stated he moved to Fort Collins due to its quality of life and opposed the proposed power line placement. Councilmember Horak stated he appreciates the role of PRPA in the community and agreed Council could have done a better job in 2006 examining the issue. However, now is the time to move forward and examine alternatives. Councilmember Troxell thanked the citizens who spoke and stated he would support the motion. Mayor Pro Tem Ohlson thanked the citizens who spoke and clarified that he was told by a citizen about the proposed power lines in June and had no previous knowledge. Councilmember Kottwitz asked about the environmental impact of undergrounding the power lines and stated she would support the motion. Mayor Weitkunat expressed support for the motion and noted Fort Collins is part of Platte River' 451 August 16, 2011 Power Authority. Deliberation about potential litigation would be critical The vote on the motion was as follows: Yeas: Weitkunat, Kottwtiz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 098, 2011, Repealing and Reenacting Division 14, Article III of Chapter 2 of the City Code, Dissolving the Electric Board and Creating and new Energy Board, Adopted on First Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY Decisions Council makes today can have a significant impact on the community's ability to respond to changing conditions in the future. Council needs visionary and innovative advice regarding the community's energy future as it relates to the Plan Fort Collins goals for a sustainable community. Council is in need of advice from subject matter experts, not just in the electric engineering field, but also other experts who are knowledgeable about such things as to how the electrification of transportation impacts carbon emissions and energy consumption. To this end, an Energy Board is being created to replace the Electric Board. The purpose of the Energy Board will be to take a systems approach to the City's energy future looking out 10 years and beyond and to advise Council on such matters. BACKGROUND /DISCUSSION The Electric. Board was created by Council in 1991 during a period of stability and has served - - - - admirably. However, the electric utility industry is rapidly changing as new technologies become available. These technologies will empower customers to make better decisions regarding their energy usage, allow customers to become part of the utility supply chain through distributed generation and storage, and change market paradigms for the purchase and sale of energy. Electricity is simply one form of energy. When one looks at the energy system as a whole, we begin to see the relationships and interconnectedness between transportation, home energy usage, solid waste, industry, agriculture etc. Decisions Council makes today can have a significant impact on the community's ability to respond to changing conditions in the future. Council needs visionary and innovative advice regarding the community's energy future as it relates to Council adopted Plan Fort Collins goals for a sustainable community, the Fort Collins Climate Action Plan, Energy Policy, and Green Building Program. To this end, this Board should be taking a systems approach to the energy future looking out 10 years and beyond. Policy related to energy use and generation in the City of Fort Collins is complex and involves multiple City Service Areas. Energy, and its associated opportunities (economic and non -economic) and impacts (including carbon emissions), are much broader than electric power generation and distribution. Citizen involvement and stakeholder expertise provide valuable technical review, 452 August 16, 2011 community perspective and third party oversight to inform City Council's decisions on energy related topics. The Council -adopted Plan Fort Collins (2011), Climate Action Plan (2008), Energy Policy (2009), and Green Building Code (2011) provide the frameworkfor charting the City's energy future. The proposed Board would advise the City Council in an integrated way regarding these policies and overall energy and carbon matters. Going forward, it is very likely that the City will be operating in a carbon constrained environment; that is to say, carbon emissions will be limited by law and regulation. This has important implications for the community since the single largest source of City -related carbon emissions is electric energy generation. The second largest is transportation. Interestingly, there is an increasing interdependence between electricity and transportation as Smart Grid/Fort ZED is implemented and as we transition from petroleum -based to electric vehicles. The impacts of these changes and trends on the City's electric system and carbon emissions will require rigorous analysis and accounting procedures. Additionally, it is critical that we consider their energy and carbon impacts. Furthermore, carbon regulation will have significant impacts on the operation and rates of the City's Electric Utility and our wholesale power supplier. Thus, the functions of the Energy Board, in replacement of the current Electric Board, will be: (1) To advise the City Council and staffregarding development and implementation ofthe City's energy policy (2) To advise the City Council and staff in developing City policies that encourage the incorporation of energy conservation and efficiency, carbon emissions reduction, and renewable energy into the development and provision of City utility services; the design and construction of City transportation projects, and the way in which the City impacts the overall built environment within the City; (3) To advise the City Council and staff regarding the alignment of energy programs and policies with City, ratepayer and community values and service delivery expectations; (4) To advise the City Council and staff regarding the recommendations for improvements to City energy systems; (5) To coordinate with other City boards and commissions regarding energy issues; (6) To advise the City Council and staff regarding budgetary, rate -making and operational matters related to the electric utility; (7) To annually review and provide advice to City Council and staff on the City's Legislative Policy Agenda regarding energy and energy -related carbon issues; and (8) To perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council. 453 August 16, 2011 FINAIVCL4L /ECONOMIC LVPACTS Although staff cannot quantify at this time, the Energy Board will be identifying businesses opportunities for a variety of existing and new businesses. ENVIRONMENTAL LVIPACTS The Energy Board will be identifying opportunities to reduce carbon emissions, improve energy balance through getting the most out of the City's resources. Ross Cunniff, 2267 Clydesdale Drive, asked why the proposal withdraws the ability of the Board to maintain oversight of utility termination appeals. Eric Sutherland, 3520 Golden Currant, expressed concern the Electric Board never discussed the Pineridge power line issue. Mayor Weitkunat asked for staff to address Mr. Cunniff's question. Brian Janonis, Utilities Executive Director, replied staff opted to handle appeals administratively as no appeals have occurred in the history of the Electric Board, which is not a quasi-judicial board. Councilmember Poppaw made a motion, seconded by Councilmember Manvel, to adopt Ordinance No. 093, 2011, on First Reading. Councilmember Manvel noted this new Board will deal with a broader 'set of issues. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Ordinance No. 092, 2011, Authorizing the Execution of a Power Purchase Agreement Contract with a Photovoltaic Provider at the Water Treatment Facilitv for a Term of Up to 20 Years, Adopted on Second Reading The following is staffs memorandum for this item. "EXECUTIVE SUMMARY The Water Treatment Facility receives its electrical power from Xcel Energy. A solar power generation project, with a fixed electrical rate sold back to the City, allows the offset of a portion of electrical usage at the plant site. A third party Photovoltaic system developer will design, construct, operate and maintain for up to 20 years a solar power project. This Ordinance, unanimously adopted on First Reading on July 26, 2011, allows for a 20 year contract between the system developer and the City. ►,. August 16, 2011 BACKGROUND /DISCUSSION The ninth Whereas clause of Ordinance No. 92, 2011 was deleted on Second Reading of this Ordinance because staff has determined that including information about the City's internal sustainability goal in relation to this particular project may confuse the more important issue. The more important aspect of this project is that the City's Water Treatment Facility will meet a portion of its electric energy demand with renewable solar energy. During First Reading, Council requested information on the external and internal sustainability goals for the City. Attachment 2 provides a list of the key Fort Collins environmental goals." Eric Sutherland, 3520 Golden Currant, discussed the City of Fort Collins utilities and renewable energy. Councilmember Horak noted the City is an Xcel customer and has therefore been subsidizing renewable energy programs. This proposal is both economically and environmentally beneficial to the City. Councilmember Troxell supported the proposal. Mayor Pro Tern Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 092, 2011, on Second Reading. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Items Relating to a Citizen -Initiated Ordinance to Prohibit the Operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -infused Product Manufacturing Within the City of Fort Collins Corporate Limits, Adopted Resolution 2011-070 (Option 2) The following is staffs memorandum for this item.. "EXECUTIVE SUM3L4RY A. Presentation of a Petition for a Citizen -Initiated Ordinance that Would Prohibit the Operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -infused Product Manufacturing Within the City of Fort Collins Corporate Limits. (No Action Needed) B. First Reading of OrdinanceNo.110,2011,anInitiatedOrdinancetoProhibittheOperation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -infused Product Manufacturing Within the City of Fort Collins Corporate Limits. (Option 1) 455 August 16, 2011 OR Resolution 2011-070 Submitting a Proposed Citizen -Initiated Ordinance to Prohibit the Operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -infused Product Manufacturing Within the City of Fort Collins Corporate Limits at a Special Municipal Election to Be Held on November 1, 2011, In Conjunction with the Larimer County Coordinated Election. (Option 2) The City Clerk's Office received an initiative petition on July 19, 2011, which has been determined to contain a sufficient number of signatures to place an initiated measure before the registered electors of the City at a special election. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council must either (1) adopt the proposed ordinance without alteration within 30 days (Option 1); or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city (Option 2). If the Council chooses to submit the proposed measure to the voters, Resolution 2011-070 would submit the measure and establish the ballot language for the measure. BACKGROUND I DISCUSSION The City Clerk's Office has certified a sufficient number of signatures on an initiative petition received on July 19, 2011. Under Article X of the City Charter, 4,214 signatures of registered electors (at least 1 S% of the total ballots cast in the last regular City election) are required to place an initiative on a special election ballot. Upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council must either adopt the proposed ordinance without alteration or submit the proposed measure in the form petitioned for, to the registered electors of the city. In anticipation of receiving this petition, a special election has been called for November 1, 2011, in conjunction with the Larimer County Coordinated Election. The purpose of the initiated measure: -is to prohibit the operation of medical marijuana-centem- " r' optional premises cultivation operations, and medical marijuana -infused product manufacturing - — within the City of Fort Collins corporate limits. The text of the proposed ordinance is as follows: AN INITIATED ORDLVANCE TO PROHIBIT THE OPERATION OF MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATIONOPERA TIONS, AND MEDICAL MARIJUANA- 7YFUSED PRODUCTMANUFACTURING WITHIN THE CITY OF FORT COLLINS CORPORATE LIMITS WHEREAS, on November7, 2000, the voters ofthe state ofColorado approvedAmendment 20, which added § 14 to Article XVIII of the Colorado Constitution and created a limited exception from criminal liability under Colorado law (as opposed to Federal law) for seriously ill persons who are in need of marjuana for specified purposes and who obtain and use medicinal marijuana under the limited, specified circumstances described in Amendment 20; and WHEREAS, Amendment 20 contains specific definitions for the terms "Patient ", "Physician" and "Primary Care -giver" and confers specific protections upon and exemptions from criminal prosecution to persons who meet the requirements of each such defined term provided that all the provisions ofAmendment 20 are complied with; and 456 August 16, 2011 WHEREAS the citizens of the City of Fort Collins recognize the protection for the medical use of marijuana by persons diagnosed with debilitating medical conditions afforded by Article XVIII, Section 14 of the Colorado Constitution, and desire to affirm the ability of such patients and their primary caregivers to otherwise be afforded the protections of Article XVIII, Section 14 of the Colorado Constitution and C.R.S. §25-1.5-106, as the same may be amended from time to time; and WHEREAS, the Colorado Legislature during the 2010legislative session considered House Bill 10- 1284 and adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado Revised Statues, to be known as the Colorado Medical Marijuana Code; and WHEREAS, the Colorado Medical Marjuana Code clarifies Colorado law regarding the scope and extent ofAmendment 20 to the Colorado Constitution (Article XVIIl, Section 14'), and at the same time regulates the retail sale, distribution, cultivation and dispensing ofinedical marijuana known as a "Medical Marijuana Center, " andfurther authorizes licensing mechanisms known as an "Optional Premises Cultivation Operation" and a `Medical Marijuana -Infused Products Manufacturers' License, " and furthermore defines thefollowing: A) Medical Marijuana Center. As used within this Code, a Medical Marijuana Center is given the identical meaning as that defined in Colorado Revised Statute § 12-43.3-104(8). B) Optional Premises Cultivation Operation. As used within this Code, an Optional Premises Cultivation Operation is given the identical meaning as that defined in Colorado Revised Statute § 12-43.3-104(12). C) Medical Mariivana-Infused Products Manufacturer. As used within this Code, a Medical Marijuana Infused Products Manufacturer is given the identical meaning as that defined in Colorado Revised Statute § 12-43.3-104(10). WHEREAS, § 12-43.3-106, C.R.S., provides that the Colorado Medical Maryuana Code shall have statewide effect unless a municipality, county, city, or city and county, by either a majority of the registered electors of the municipality, county, city, or city and county voting at a regular election or special election called in accordance with the "Colorado Municipal Election Code of 1965", Article 10 of Title 31, C.R.S., or the "Uniform Election Code of1992", Articles I to 13 of Title 1, C.R.S., as applicable, or a majority ofthe members ofthe governing board for the municipality, county, city, or city and county, vote to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -Infused Products Manufacturers'Licenses; and WHEREAS, C.R.S. § 12-43.3-310 of the Colorado Medical Maryuana Code further specifically authorizes a municipality in part "to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana -infused products manufacturers' licenses ... based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive than this article; " and WHEREAS, there are citizens of the City of Fort Collins, who protest and object to the operation of Medical Maryuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana - Infused Products Manufacturers'Licenses within the City of Fort Collin's Corporate limits; and WHEREAS, Section 1(9), Article V, of the Constitution of Colorado provide that the initiative powers are reserved to the registered electors ofevery city, town, and municipality as to alllocal, special, and municipal legislation of every character in and for their respective municipalities; and WHEREAS, Article 11, Title 31, of the Colorado Revised Statutes sets forth the procedures for exercising the initiative power reserved for municipal electors; and WHEREAS, it is the intent and desire of the citizens of the City of Fort Collins that the City Council of the City of Fort Collins, Colorado, adopt this Initiated Ordinance in the form presented herein to 457 August 16, 2011 prohibit the operation ofillfedical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana -Infused Product Manufacturing within the City of Fort Collins Corporate Limits or, if the within Initiated Ordinance is not adopted by the City Council in the form presented herein, that the within Initiated Ordinance be referred in the form presented herein to the registered electors of the municipality at a regular or special election to be scheduled as provided by law. If any provision or provisions of this initiated ordinance shall be held to be invalid, illegal, unenforceable or in conflict with the law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: Section 1. Pursuant to Article 43.3 of Title 12 of the Colorado Revised Statutes, the City of Fort Collins hereby prohibits the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical Marijuana Infused Products Manufacturing, effective ten (10) days following publication of the within Ordinance as provided in Section 4.9 (B) of the Home Rule Charter of the City of Fort Collins. With respect to any such Centers, Operations, facilities or businesses ofany kind in operation upon such effective date, each and every such Center, Operation, facility and business shall cease operations within ninety (90) days of said date. Section 2. Should the City Council refer this Initiated Ordinance to the registered electors of the City at a regular or special municipal election, this Initiated Ordinance shall take effect immediately upon certification by the designated election official that a majority ofregistered electors voted in favor of this Initiated Ordinance at such regular or special election. In such event, each and every Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical Marijuana Infused Products Manufacturing in operation on such effective date shall cease operations within ninety (90) days of the effective date specified in this Section 2. " City Clerk Krajicek stated a citizen -initiated petition was circulated and found sufficient to bring before Council to either adopt the citizen -initiated Ordinance without alteration or adopt a Resolution to place the citizen -initiated Ordinance on the November ballot. Citizens who spoke iii favor of banning medicatmarijuana'dispensaries by either adopiion of ' the ordinance or referring the ordinance to the November 1 ballot: Darcie Votipka, Poudre School District Director of Student Services Bob Powell, 1709 Globe Court, petitioner Howard Robinson, 1083 Wild Cherry Lane Patrick Albright, Poudre School District Board of Education Wayne Snyder, 319 East Plum Vicki Rueckert, 1215 Town Center Drive Justin Smith, Larimer County Sheriff Dick DeCook, 7232 Woodrow Ben Patella, 8008 Hillsboro Court Mary Hesterman, 502 Huntington Hills Drive Jim Ringenberg, Attorney, 2849 Hearthstone Carl Maxey, Maxey Companies Josh Ritter, Assistant District Attorney, petitioner Scoot Crandall, Team Fort Collins Executive Director, 5044 Westridge Nancy Patella, 8008 Hillsboro Court MW August 16, 2011 Kandy Wise, 3220 Hearthfire Drive Barbara Tilmont, 5703 Pebble Beach Court Lisa Olsen, 4459 Eagle Lake South Mark Driscoll, 1906 Pacific Court Ed Haines, Fort Collins resident Kevin Thomas, Fort Collins resident Dr. Nancy Smith, 420 South Loomis, petitioner Dori Mann, 1801 Creekwood Drive Cyndy Odenwald, 2824 Redwing Road, petitioner Emily Elmore, 144 1.2 North College Avenue Kendall Ober -to, 2024 Evergreen Jim Patella, 3331 Pineridge Place Dr. Mike Smith, 420 South Loomis Ray Martinez, 4121 Stoneridge Court Citizens who spoke against banning medical marijuana dispensaries: George Bryan, 309 South Sherwood Street Jan Kok, 2006 Catkins Court Terri Gomez, Citizens for Safer Neighborhoods Director Lauren Fortenberry, Fort Collins resident Steve Ackerman, 346 East Mountain Avenue Susan Smeltzer, 3503 Galway Drive Bill Bartlett, Greeley resident Seth Ramsey, 3149 Eagle Drive Beth Benscheidt, 518 West Stuart Kevin Carlin, Fort Collins resident Heidi Hanford, Colorado Connect Alfred Reaud, 1104 Columbine Court Reese Roberts, Budding Health Alex and Stephanie Foyer, Fort Collins resident Karen Miller, 4325 Mill Creek Brett Barney, attorney representing patients and dispensaries Kirk Scramstead, A Kind Place Richard LiPuma, attorney representing Herbal Wellness, LLC, Loveland resident, stated there are no requirements this Ordinance be placed on a special election ballot as the certification states the petition is sufficient for a regular election. Matt Cook, Denver resident, discussed the origin of House Bill 1284 and noted medical marijuana would still exist in the community using the caregiver model, despite any potential vote to ban dispensaries. Dan Hartman, Division Director for the Colorado Medical Marijuana Enforcement Division, discussed the fact that the City will need to comply with state law allowing medical marijuana use. Damian Farris, 1738 Valley View Lane, supported placing the item on the November ballot but discouraged voters from banning dispensaries. 459 August 16, 2011 Laura Graves, 510 Park Street, supported placing the item on the November ballot but discouraged voters from banning dispensaries. Ken Correia, 327 Brinn Court, supported placing the item on the November ballot but discouraged voters from banning dispensaries. Casandra Dennis, Fort Collins resident, noted Councilmember Troxell's wife was a petitioner and asked if Councilmember Troxell will vote on the issue. Shane Miller, 4325 Mill Creek, supported placing the item on the November ballot. Nancy York, 130 South Whitcomb, supported placing the item on a regular election ballot and supported Fort Collins' place as a medical marijuana providing community. Mitch Shinazy, 122 1, University Avenue, supported placing the item on the November ballot and expressed concern about residential electricity demands should the caregiver model become the de facto option. City Attorney Roy replied to the petition certification error issue raised by Mr. LiPuma. The petition had enough signatures for a special election, and it did request one. The recommendation is for Council to accept a corrected petition certification given that the purpose is to implement the intent of the City Charter. Councilmember Manvel thanked the citizens who spoke and stated his inclination would be to place the item on the November ballot. Councilmember Troxell asked for input regarding the implications of various communications from the U. S. Attorney. City Attorney Roy replied the letters from the U. S. Attorney make clear the intent of federal law enforcement officials to enforce federal law; -The -intent remains unclear with regard to state and local -officials and employees who- implement, authorize, and- enforce laws relating to the licensing of medical marijuana. Councilmember Troxell asked for an explanation of the State allowing for regulations that were not intended by voters who approved Amendment 20. City Attorney Roy replied the State law expands upon what was specifically authorized by Amendment 20 and the City of Fort Collins' regulations are specifically authorized by the State law. Councilmember Troxell asked if he has a conflict of interest -in voting on the issue, as was mentioned by Ms. Dennis. City Attorney Roy replied the Charter rules limit the circumstances under which a conflict may exist to financial and personal interests. In this case, there would not be a conflict of interest. Mayor Weitkunat asked for an explanation of the timeline and procedure which would accompany the possible adoption of the Ordinance to prohibit dispensaries. City Attorney Roy replied that is determined by the petition.The initiated measure provides that the ban would go into effect 90 days after the Ordinance takes effect, which would be 10 days following Second Reading. Should the E00] August 16, 2011 item be placed on the November 1 ballot and adopted by voters, the prohibition would go into effect 90 days after the City Clerk's certification of the election results. Councilmember Troxell made a motion, seconded by Councilmember Kottwitz, to adopt Ordinance No. 110, 2011, on First Reading. Councilmember Troxell stated he supports Amendment 20 and the caregiver -patient model, but is concerned about the impact of the retail aspect on the community and being in violation of federal law. Councilmember Manvel stated the State Constitution gives certain individuals the right to use medical marijuana and banning dispensaries will create an unregulated situation. He supported placing the item on the ballot. Councilmember Poppaw stated she would not support the motion but would supportplacing the item on the ballot. Councilmember Kottwitz expressed confidence in voters to make a decision regarding the dispensaries. Councilmember Troxell reiterated his opinion that it is Council's duty to vote to uphold federal law and noted there is access to licensed caregivers through the Colorado Department of Health. The vote on the motion was as follows: Yeas: Troxell. Nays: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw and Horak. THE MOTION FAILED. Councilmember Manvel made a motion, seconded by Councilmember Horak, to adopt Resolution 2011-070. Councilmember Horak stated a community discussion and vote is important and will aid in providing a more clear direction to move the issue forward. Councilmember Poppaw thanked the citizens who spoke Councilmember Troxell stated he would support the motion. The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. 461 August 16, 2011 Consideration of the Appeal by Windtrail on Spring Creek HOA, Sundering Townhomes HOA, Hill Pond on Spring Creek HOA, Hill Pond Condominium HOA and Windtrail Townhomes HOA of the June 16, 2011 Determination of the Planning and Zoning Board to approve the Amended CSURF Center for Advanced Technology, Overall Development Plan, Postponed to August 23, 2011 and Consideration of the Appeal by Windtrail on Spring Creek HOA, Sundering Townhomes HOA, Hill Pond on Spring Creek HOA, Hill Pond Condominium HOA and Windtrail Townhomes HOA of the June 16, 2011 Determination of the Planning and Zoning Board to approve The Grove at Fort Collins, Project Development Plan, Postponed to August 23, 2011 City Attorney Roy stated the City Code establishes a process for the Council to hear appeals from certain Boards and Commissions and other City decision makers. The appeal can only be filed by a party -in -interest, and only parties -in -interest can take place in the appeal hearing. No new evidence should be presented with the exception of evidence submitted in response to Council questions. Each side of the appeal will have a 10 minute opportunity to discuss procedural issues. The Council will have the opportunity to uphold, overturn, or modify the decision of the Planning and Zoning Board, or can opt to remand the matter back to the Board for consideration of particular issues it may feel did not receive appropriate attention. Mayor Pro Tern Ohlson raised the question as to whether or not enough time exists to hear the appeal during this meeting. Councilmembers•Kottwitz and°Poppaw expressed concern,regarding the late hour. -¢ Mayor Weitkunat asked for input from the appellants and applicants. Rick Zier, attorney representing the appellants, stated they would rather not have to stop in the middle of the process and agreed the hour is late to begin. He asked whether or not the PDP hearing would need to be held should the ODP be overturned. Lucia Liley, attorney representing the applicant, stated a delay may have a negative impact on the applicant, given that delays postpone construction. However, given the late hour, the applicants would suggest holding the meeting at another time, perhaps earlier in the evening so as to allow both appeals to be heard. Council, staff, and the parties -in -interest discussed possible dates for the hearings Councilmember Horak made a motion, seconded by Councilmember Manvel, to postpone the appeal hearings to August 23, 2011, at 5:00 p.m. 462 August 16, 2011 The vote on the motion was as follows: Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Extension of the Meeting Councilmember Manvel made a motion, seconded by Mayor Pro Tern Ohlson, to extend the meeting past 10:30 p.m. Yeas: Weikunat, Ohlson and Manvel. Nays: Poppaw, Horak, Kottwitz and Troxell. THE MOTION FAILED. Adjournment Councilmember Troxell made motion, seconded by Councilmember Manvel, to adjourn to 5:00 p.m. on August 23, 2011. Yeas: Weitkunat, Kottwitz, Manvel, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 11:00 p.m. ATTEST: ypF FORTco City Clerk C; .... ,. 463