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HomeMy WebLinkAboutMINUTES-09/03/2013-RegularSeptember 3, 2013 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, September 3, 2013, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Harris, Daggett. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. Citizen Participation Mel Hilgenberg, 172 North College, announced the fall address of CSU's President Tony Frank. He also stated he is a candidate for the Poudre School District Board of Education, and supported taxes and fees on marijuana. Min Meisel Staubo, Fort Collins resident, stated her daughters have been removed from her custody and discussed the case under Judge Fields. Eric Staubo, 3179 San Luis, continued Ms. Staubo's statement regarding her custody case. Rosemary VanGorder, 3508 Shore Road, continued the discussion of Ms. Staubo's custody case. Kathleen Baumgartner, Feeding Our Community Ourselves, discussed the lease for the FOCO Cafe and stated the organization's goal is to be good stewards of the donations it has received. Lawrence Budd, 1436 Glen Haven Drive, discussed excessive water use at the Walmart at Mulberry and Lemay and stated a City employee should be assisting with the issue. Stacy Lynn, 305 West Magnolia, discussed Ms. Staubo's custody case and encouraged an investigation of the County Court system. Citizen Participation Follow-up Councilmember Troxell asked about the postponement of the FOCO Cafe lease item and suggested City Manager Atteberry meet with Ms. Baumgartner regarding the issue. September 3, 2013 Councilmember Overbeck requested staff follow-up regarding the watering issue at Walmart. Councilmember Cunniff supported the FOCO Cafe and stated he is certain a lease agreement can be reached. CONSENT CALENDAR 6. Postponement of Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of City -Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves Inc for Up to Five Years to November 15, 2013. This Ordinance, unanimously adopted on First Reading on July 16, 2013, authorizes a lease for City -owned property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc. to house a non-profit cafe with a minimal food processing facility. Staff is requesting postponement of Second Reading to November 15, 2013, to allow more time for the City and the prospective tenant to mutually agree to the lease terms of the lease agreement, based on the timing of deconstruction of 212 Laporte Avenue per the City's Block 32 Master Plan. The Block 32 Master Plan will be presented to City Council at the October 8, 2013 Work Session. 7. Second Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program. The purpose of this item is to appropriate grant money to fund Restorative Justice Services within Community Development and Neighborhood Services. Ordinance No. 110, 2013, unanimously adopted on First Reading on -August 20, 2013, appropriates a grant in the amount of $45,000 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. 8.. Second Reading of Ordinance No. 111, 2013, Appropriating Unanticipated Revenue in the General Fund for Building Remodel Costs at 281 North College Avenue. The purpose of this Ordinance, unanimously adopted on First Reading on August 20, 2013, is to appropriate unanticipated building permit and plan check fee revenues to facilitate co -location efforts for Community Development and Neighborhood Services (CDNS) staff. 273 September 3, 2013 9. Second Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program and Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating Budget to the Grant Program. The purpose of this Ordinance is to request appropriation of unbudgeted funds received through a grant for the Safe Routes to School Program. This Ordinance, unanimously adopted on First Reading on August 20, 2013, appropriates a federal grant in the amount of $22,700, through the Colorado Department of Transportation'(CDOT) for the 2013-14 Safe Routes to School (SRTS) program. This funding will allow the City's Safe Routes to School Program (administered and staffed by FC Moves) to enhance its pedestrian and bicycle safety education programs. 10. Second Reading of Ordinance No. 113, 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Kubra Data Transfer for Utilities Electronic Customer Billing Software. The purpose of this item is to request a one-year extension of the contract for Fort Collins Utilities' e-Bill vendor, from October 23, 2013, to October 23, 2014, with the option to extend for additional one year periods not to exceed four additional one-year renewals. This Ordinance, unanimously adopted on First Reading on August 20, 2013, authorizes an extension that will give the Fort Collins Utilities staff time to complete necessary research and development for future .e-Bill services, as well as support alignment of customer interface services related to advanced meters and related customer software systems. 11. Second Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base Industry as Contained in Article 5 of the Land Use Code. This Ordinance, unanimously adopted on First Reading on August 20, 2013, amends the definition of Large Base Industry in the Land Use Code to expand the types of firms that may qualify beyond manufacturing to also include firms that provide products or services for local and regional users that are not manufactured but are of comparable economic value to manufactured goods, or by establishing corporate offices. 12. Second Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. The purpose of this item is to extend the pilot for the Planned Development Overlay District for one additional year. 274 September 3, 2013 This Ordinance, unanimously adopted on First Reading on August 20, 2013, provides for an additional twelve months for the Planned Development Overlay District (PDOD) pilot. The PDOD is a unique zoning mechanism designed to address the challenges of infill and redevelopment, blending the concepts of Planned Unit Developments (PUDs) and performance -based zoning. The pilot was originally established by Ordinance No. 024, 2013 and provided a six-month timeframe to accept PDOD development submittals; it is currently set to expire on September 9, 2013. However, Ordinance No. 024, 2013 provided City Council the ability to extend the pilot in the event that an insufficient number of PDOD projects were submitted. Since there have been no submittals and none are expected within the remaining month of the pilot, Council is asked to consider extending the pilot by an additional year. 13. Second Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Kechter Road and Timberline Road Intersection Improvements Project. The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements at the Kechter Road and Timberline Road intersection. The Kechter Road and Timberline Road Intersection Improvements will construct interim safety and congestion mitigation improvements at the intersection. The project is planned to begin construction in the spring of 2014 and be completed within sixty (60) days. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way and a permanent easement from owners of the property at the southeast corner of the intersection. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. This Ordinance was unanimously adopted on First Reading on August 20, 2013. 14. Second Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project — Conifer to Willox Access Road. The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct rear access road improvements associated with the North College Improvement Project — Conifer to Willox. 275 September 3, 2013 This project will construct an access road on the west side of College Avenue between Hickory Street and the mobile home park located at 1601 North College Avenue. To construct these improvements, the City will need to acquire certain property interests, adjacent to the project area. The acquisitions include permanent easements and temporary easements. Timely acquisition of the property interests is necessary to meet the anticipated, construction schedule. Staff fully intends to negotiate in good faith with all affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only�if such action is deemed necessary. This Ordinance was unanimously adopted on First Reading on August 20, 2013. 15. Second Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned Property at 328 West Mountain Avenue and '108 North Meldrum Street to Poudre Landmarks Foundation, Inc. The purpose of this item is to continue leasing the Avery House and Carriage House. This Ordinance, unanimously adopted on First Reading on August 20, 2013, authorizes the lease of the Avery House and the Carriage House, located at 328 West Mountain Avenue and 108 North Meldrum Street, respectively, to the Poudre Landmarks Foundation ("The PLF"). The term of the Lease is for fifteen (15) years, with a yearly lease payment of $25, or $375 for the full term of the lease. The PLF maintains the interior of the buildings and the City will continue to pay all utility costs, as budgeted. 16. First Reading of Ordinance No. 122, 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Maya Foundation for Health Risk Assessment Software for the City's Wellness Program. The purpose of this item is to request a one-year extension of the contract with the Mayo Foundation for Medical Education and Research (Mayo) to provide services associated with the assessment and management of existing and potential health risks of City employees from April 1, 2014 to March 31, 2015, with the option to extend for additional one (1) year periods not to exceed four (4) additional one-year renewals. This extension will allowed continued use of services provided by Mayo while staff assesses costs, benefits, services and other options associated with an Onsite Employee Medical Clinic and the potential to consolidate health risk assessment services now provided by Mayo with the Clinic. 17. First Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. This purpose of this item is to expand the boundaries of the Fort Collins Downtown Development Authority (DDA) and amend the Plan of Development of the Authority to include a commercially zoned property in the 800 block of Buckingham Street. 276 September 3, 2013 The property, which includes one parcel owned by Colorado Iron.and Metal Inc. and one parcel owned by Odell Investments, LLC, is vacant land with no address. 18. First Reading of Ordinance No. 124, 2013,•Authorizing a Patio Lease and Conveyance of an Access Easement on City Property to 201 S College, LLC. The purpose of this item is to authorize the conveyance of a patio lease and a permanent access easement on Oak Street Plaza to the owners of the Old Post Office Building adjacent to the park. 201 S College, LLC is the owner of the lower level of the building located at 201 South College Avenue, also known As the Old Post Office Building. The building also houses the Museum of Contemporary Art on the main floor. The building is located directly adjacent to Oak Street Plaza Park. The owner of the lower unit of the building has requested a patio lease on a portion of the City property adjacent to the north side of their building in anticipation of leasing the unit as a restaurant. The lease area will be used by the unit owner and their tenant for dining and art display purposes only and will be limited to a 10-year term with an option to renew for up to two (2) additional 5-year terms. In addition, the owner has requested an access easement across the park leading from their north entrances out to College Avenue. This access easement will provide the owner and their tenant legal access in and out of the lower unit. 19. Resolution 2013-076 Amending the Master Street Plan as Related to the Crowne on Timberline ProiecL The developer of the Crowne on Timberline project, which is . in the . vicinity of Timberline Road and Zephyr Road, Ifas identified a street on the site plan as a collector street. The developer has requested the City add this collector street to the Master Street Plan, which requires an amendment through City Council action. Based on traffic analysis and planned connectivity in this area staff supports the addition of this collector to the Master Street Plan. 20. Resolution 2013-077 Authorizing the Purchasing Agent to Enter Into a Professional Services Agreement with McGladrey LLP, Certified Public Accountants, for Auditing Services. The purpose of this item is to authorize the Purchasing Agent to enter into a professional services agreement with McGladrey LLP for auditing services. A Request for Proposal (RFP) for audit services was issued to cover the next five years. The selection process resulted in the selection of the McGladrey LLP. The auditor selection process was designed to ensure that the selected firm exceeds the minimum requirements and has knowledge and experience in auditing similar entities. 277 September 3, 2013 An annual external audit by an independent certified public accountant is required by State Statute, City, Charter and most grant agreements. 21. Resolution 2013-078 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The purpose of this item is to appoint Councilmember Wade Troxell and City Manager Darin Atteberry to represent the City of Fort Collins on 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 approximately 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. The Committee meets three or four times a year, before and during legislative sessions as well as in May prior to the annual conference. The first CML Policy Committee meeting will be held on Friday, October 18. 22. Routine Easement. Easement for construction and maintenance of public utilities from GCP College Ave, LLC, to install a transformer for new electric service at 216 North College Avenue. ***END CONSENT*** Ordinances on Second Reading were read by title by Chief Deputy City Clerk Harris. 7. Second Reading of Ordinance No. 110, 2013, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program. 8. Second Reading of Ordinance No. 111, 2013, Appropriating Unanticipated Revenue in the General Fund for Building Remodel Costs at 281 North College Avenue. 9. Second Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program and Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating Budget to the Grant Program. 278 September 3, 2013 10. Second Reading of Ordinance No. 113; 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Kubra Data Transfer for Utilities Electronic Customer Billing Software. i l . Second Reading of Ordinance No. 114, 2013, Amending the Definition of Large Base Industry as Contained in Article 5 of the Land Use Code. 12. Second Reading of Ordinance No. 115, 2013, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District for One Additional Year. 13. Second Reading of Ordinance No. 116, 2013, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Kechter Road and Timberline Road Intersection Improvements Project. 14. Second Reading of Ordinance No. 117, 2013, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the North College Improvements Project — Conifer to Willox Access Road. 15. Second Reading of Ordinance No. 118, 2013, Authorizing the Lease of City -owned .Property at 328 West Mountain Avenue and 108 North Meldrum Street to Poudre Landmarks Foundation, Inc. Ordinances on First Reading were read by title by Chief Deputy City Clerk Harris. 16. First Reading of Ordinance No. 122; 2013, Authorizing the City Manager to Extend the Term of the Agreement Between the City and Mayo Foundation for Health Risk Assessment Software for the City's Wellness Program. , 17. First Reading of Ordinance No. 123, 2013, Expanding the Boundaries of the Fort Collins Downtown Development Authority and Amending the Plan of Development of the Authority. 18. First Reading of Ordinance No., 124, 2013, Authorizing a Patio Lease and Conveyance of an Access Easement on City Property to 201 S College, LLC. 28. First Reading of Ordinance No. 125, 2013, Establishing a Temporary Ban on Marijuana Establishments Within the City of Fort Collins. Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items on the Consent Calendar. Yeas: Campana, Horak, Weitkunat, Troxell, Cunniff, Overbeck and Poppaw. Nays: none. 279 THE MOTION CARRIED. Consent Calendar Follow-up September 3, 2013 Councilmember Conniff discussed Item No. 18, First Reading of Ordinance No. 124, 2013, Authorizing a Patio Lease and Conveyance of an Access Easement on City Property to 201 S College, LLC and requested the City have some control over the patio fence and pedestrian flow. City Manager Atteberry concurred. Mayor Weitkunat discussed Item No. 9, Second Reading of Ordinance No. 112, 2013, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program and Transferring Appropriations in the Keep Fort Collins Great Fund from the Operating Budget to the Grant Program and noted the program was granted funds from the BNSF Railroad. Councilmember Campana discussed Item No. 6, Postponement of Second Reading of Ordinance No. 094, 2013, Authorizing the Lease of City -Owned Property at 212 Laporte Avenue to Feeding Our Community Ourselves, Inc.,for Up to Five Years to November 15, 2013, and suggested the possibility of the fact this location may not be the appropriate one given the level of tenant finish needed. City Manager Atteberry stated the City would like to partner with the Cafe in any way possible and stated he would report back to Council regarding the location. Staff Reports City Manager Atteberry reported on the success of the recent large community events, including the USA Pro Cycling Challenge. He recognized the local organizing committee members and staff who assisted with the event. Eric Thompson, Co -Chair of the local organizing committee, discussed the success of the USA Pro Cycling event in the Northern Colorado area. He stated a full report will be compiled soon. Mayor Weitkunat commended the collaboration and partnership during the race event and thanked the railroad for its assistance in halting operations. Councilmember Reports Councilmember Poppaw read a letter from the Fort Collins Housing Authority thanking Council for its funding of affordable housing preservation. Mayor Pro Tern Horak reported on the Platte River Power Authority wholesale rate increase, noting the increase is less than expected. He also reported on meetings with the Colorado Department of Transportation regarding increasing traffic lanes on I-25 from Highway 66 to Highway 14. Additionally, Mayor Pro Tern Horak reported on the CSU Community Welcome event. September 3, 2013 Mayor Weitkunat reported on Hunger Action month and the food drive for the Larimer County Food Bank and the City's historic homes tour. Ordinance No. 120, 2013, Amending the City Code to Adjust the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Service, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to update the Capital Improvement Expansion fees to include current infrastructure costs and updated methodology. Capital Improvement Expansion (CIE) Fees were first implemented in 1996. In 2012, staff initiated a comprehensive review of the original study. The goal of the review was to ensure that the methodology first implemented was still applicable and to assess the fee structure to confirm that it was consistent with the current level of service. This Ordinance was unanimously adopted on First Reading (6-0; Campana recused) on August 20, 2013. BACKGROIUND /DISCUSSION During First Reading on August, 20, 2013, City Council requested additional information regarding the impact of the fee update on the overall project valuation of the sample building permits presented. Included is a table with the additional information requested: Permit Comparison Residential or % Total Fees on % Total % Commercial Change Permit Change Project Change CIE Fees PROPOSED Valuation PROPOSED w/Updated Fee* Legacy Senior $264K 12% $776K 4% $8.3M 0.35% ousing The Summit Permit 228K 6% 795K % $5.8M 0.24%. I* Spine Correction 7K 5% 115K % 543K 0.55% Center 5,500 sq ft. Cargill Greenhouse $16K 85% 115K 7% I.1M 0.70% 13,700 sq ft. *Valuation reported on building permit application" 281 September 3, 2013 Councilmember Campana withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 120, 2013, on Second Reading. Councilmember Cunniff thanked staff for the commercial fees analysis. The vote on the motion was as follows: Yeas: Horak, Weitkunat, Troxell, Cunniff, Overbeck and Poppaw. Nays: none. THE MOTION CARRIED. Ordinance No. 125, 2013, Establishing a Temporary Ban on Marijuana Establishments Within the Citv of Fort Collins, Adopted on First Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to establish a temporary ban on marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores (collectively "marijuana establishments') in the City of Fort Collins through March 31, 2014. The City Council recommended proceeding with a temporary ban at a work session on July 30, 2013. BACKGROUND /DISCUSSION On November 6, 2012, Colorado voters approved Amendment 64, which allows for the licensing of marijuana establishments in Colorado, including marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, and retail marijuana stores. Under Amendment 64, local municipalities have three options in regard to marijuana establishments: (1) adopt an ordinance prohibiting them; (2) refer a prohibition question to the voters; or (3) allow them and impose local restrictions on their time, place, manner and number. Amendment 64 requires local municipalities to adopt an ordinance specifying the entity that is responsible for processing applications submitted for a license to operate a marijuana establishment by October 1, 2013. 282 September 3, 2013 Additionally, Amendment 64 allows an applicant to apply directly to a local jurisdiction if the state fails to issue a license by January 1, 2014, or within ninety (90) days of an application being filed. The Colorado Department of Revenue ("DOR') has adopted emergency rules for the regulation of the state retail marijuana industry by the DOB's Marijuana Enforcement Division, which are set to expire on October 1, 2013. A question imposing an excise and sales tax on marijuana and marijuana products will appear on the November 2013 ballot. During the July 30, 2013 work session, Council determined that having additional time to determine the degree and extent of the state rules, to analyze the results of the November ballot question on taxation, and to conduct outreach within the community would be beneficial. Staff is proposing a six month temporary ban to complete such efforts. FINANCIAL /ECONOMIC IMPACTS There are no immediate financial impacts with the exception of potential medical marijuana businesses that are anxious to begin operations in Fort Collins. Pursuant to state law, January 1, 2014 is the earliest date that a currently existing medical marijuana business can obtain a marijuana establishment license. Approximately nine months later, October 1, 2014, is the earliest date that a marijuana establishment that was not a previously existing medical marijuana business can -obtain a license. " Ginny Sawyer, Policy and Project Manager, stated this ban would extend until the end of March 2014 and would allow time for state rules to go into effect, taxation initiatives to be voted upon, and public outreach to be completed. She outlined the four classifications of marijuana businesses: retail stores, manufacturing facilities, testing facilities, and cultivation facilities. Councilmember Cunniff asked about the impact of -the outcome of the November taxation question on the City's regulations. Sawyer replied the state response to that initiative may impact local communities, given the taxation would supply funding mechanisms. Councilmember Cunniff stated he would like to see the impact on the City's proposed fee structure given a passage or failure of the taxation initiative. City Manager Atteberry replied the failure of the initiative could result in an examination of the legislation statewide. Councilmember Conniff stated he would prefer a shorter ban. Councilmember Troxell supported the six month ban and asked about the public outreach plan. Sawyer replied staff is hoping to work with the CSU Center for Deliberation for a large-scale community outreach. 283 September 3�2013 Councilmember Troxell stated Council needs to be deliberate about the impacts to the community and consider health and safety issues. Councilmember Overbeck asked about additional public outreach processes. Sawyer replied the community dialogue model utilizes students in a program center at CSU to help develop and facilitate the public outreach process. Councilmember Overbeck suggested a December rather than a February work session. He asked when the discussion regarding the inclusion of CSU began. Sawyer replied it began in the last two weeks and City Manager Atteberry noted CSU has been actively involved in this issue over the years. City Manager Atteberry noted a more expedited process is Council's prerogative to implement. Councilmember Poppaw stated she would prefer an expedited process. Councilmember Campana stated the voters have requested a thorough examination of the issue and staffs opinion of the six month ban is justified. Mayor Pro Tem Horak suggested staff return with two plans relating to the timing of the process after First Reading. Mayor Weitkunat noted one key aspect of Amendment 64 was the ability for municipalities to adopt their own regulations or prohibition and making those regulations should not be rushed. Mayor Pro Tern Horak suggested a status report at the work session on November 12th. Councilmembers Cunniff, Overbeck, and Campana agreed. Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 125, 2013, on First Reading. Mayor Pro Tern Horak clarified there will be an interim work session on November 12th in order to decide how long the ban should last. The vote.on the motion was as follows: Yeas: Weitkunat, Troxell, Cunniff, Overbeck, Poppaw, Campana and Horak. Nays: none. THE MOTION CARRIED. Ordinance No. 121, 2013, Amending Section 3.2.2(k) of the Land Use Code Regarding Minimum Parking Requirements in the Transit -Oriented Development Overlay Zone District, Adopted on Second Reading The following is the staff memorandum for this item. KV September 3, 2013 "EXECUTIVE SUMMARY This Ordinance implements interim minimum parking requirements for multi family dwellings in the TOD Overlay Zone. This requirement will sunset in one year, in which time a TOD Parking Plan will be created. Council has three options to consider on Second Reading: Option #1 - Proposed 60% Ratio (Unanimously adopted on First Reading on August 20, 2013), • Option #2 - 60% of existing parking requirements outside the TOD Overlay Zone. • Option #3 — 70% of existing parking requirements outside the TOD Overlay Zone. BACKGROUND /DISCUSSION At the August 20, 2013 City Council meeting, staff was asked to prepare an alternative proposal for establishing minimum parking requirements for mixed -use and multi family developments in the Transit -Oriented Development (TOD) Overlay Zone. The staff proposal presented to Council was to create minimum parking requirements based on a percentage (6091o) of the total number of bedrooms. Council asked that staff apply the recommended ratio of 60% to the existing minimum parking requirements for mixed -use and multifamily developments outside the TOD Overlay Zone, which is based on the number of bedrooms per dwelling unit. Please see charts below to illustrate the difference and the attached analysis ofprojects in the TOD Overlay Zone. Option #1 - Proposed 60% Ratio (Adopted on First Reading): Multi family dwellings and mixed -use dwellings within the Transit -Oriented Development (TOD) Overlay Zone shall provide a minimum number of parking spaces in an amount equal to or greater than 60% of the number of proposed bedrooms in the development. Existing Minimum Parking Requirements Outside the TOD Overlay Zone: Number of Bedroonrs/Dwelling Unit Parking Spaces Per Dwelling Unit One or less 1.5 Two 1.75 Three 2.0 Four and above 3.0 285 September 3, 2013 Option #2 - 60% of existing parking requirements outside the TOD Overlay Zone to be applied to mixed -use and multi -family within the TOD Overlav Zone (as reauested): Number of BedromnVDwelling Unit Parking Spaces Per Dwelling Unit One or less 0.9 Two 1.1 Three 1:2 Four and above 1.8 Option #3 - 70% of existing parking requirements outside the TOD Overlay Zone to be annlied to mixed -use and multi -family within the TOD Overlav 7.nne ta.c reaueetedl Number of BedroonislAvelling Unit Parking Spaces Per Dwelling Unit One or less 1.1 Two 1.2 Three 1.4 Four and above 2.1 Seth Lorson, City Planner, provided an analysis of the projects currently within the TOD and reviewed the options available to Council. Paul Patterson, 2936 Eindborough, asked why the discussion has been limited to three options and supported, adoption of the 70%,parking standard. Councilmember Cunniff stated an 80% parking standard should be considered and supported a more conservative approach. He stated options two and three are too low. Mayor Pro Tern Horak expressed concern regarding the ability for affordable housing projects to be located in transit -heavy areas. He suggested postponement until all effects are considered. Councilmember Campana discussed a student housing project he completed at the minimum parking standard and stated there have been a large number of complaints relating to too little parking. He stated the existing parking standards are too low given the current transit options and suggested an alternative compliance options for creative solutions. Laurie Kadrich, Community Development and Neighborhood Services Director, noted the recommendation for an Ordinance this evening is a temporary measure and is derived from comments from the Planning and Zoning Board. She stated there is an alternative compliance option within this Ordinance which could be used to deal with an affordable housing development. Councilmember Campana made a motion, seconded by Councilmember Troxell, to adopt Option #3 of Ordinance No. 121, 2013, on Second Reading. 286 September 3, 2013 Mayor Pro Tern Horak asked about the alternative compliance provision. Kadrich replied this temporary measure, if approved, would allow for alternative compliance based on a parking study. The vote on the motion was as follows: Yeas: Weitkunat, Horak, Campana And Troxell. Nays: Conniff, Poppaw and Overbeck. THE MOTION CARRIED. Other Business Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to ask the Mayor to write a letter in support for potential funding for a third lane on I-25 north of Longmont. Yeas: Cunniff, Overbeck, Poppaw, Campana, Horak, Weitkunat and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 7:48 p.m. ATTEST: )Vew ll TMS Chief Deputy City Clerk Adjournment 287