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HomeMy WebLinkAboutMINUTES-01/07/2014-RegularJanuary 7, 2014 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, January 7, 2014, 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, Conniff, Horak, Overbeck, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry stated Item No. 12, First Reading of Ordinance No. 004, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Fee Changes and Collections Made in the Past, and Amending Section 7.5-85(d) of the City Code Pertaining to the Remittance to the County of the Collected Fees, will be removed from the agenda to allow staff additional time to gather information. Citizen Participation Mike Devereaux, Commission on Disabilities, 3344 Hickock Drive, discussed the lack of access to bus stops due to a lack of snow removal. Cheryl Distaso, Fort Collins Community Action Network, spoke in support of Mr. Devereaux's snow removal concerns and expressed concern regarding the press release for the Police Services community meeting concerning body -worn cameras. She stated the standard operating procedures for body -worn cameras should be referenced in the press release and should be easier to locate on the City's web page. Eric Sutherland, 3520 Golden Currant, discussed Item No. 12, First Reading of Ordinance No. 004, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Fee Changes and Collections Made in the Past, and Amending Section 7.5-85(d) of the City Code Pertaining to the Remittance to the County of the Collected Fees, stating there is a disparity in the distribution of taxpayer dollars in Larimer County. Mel Hilgenberg, 172 North College, discussed community theater events and stated the shuttle bus which ran during First Night needed improvement. He requested the replacement of the solar recycling and trash container at Walnut and College. He suggested the City work with the Fort Collins Rescue Mission to exchange property at the old night club across from New P January 7, 2014 Belgium with the existing Mission building, which should house a parking structure. Mike Pruznick, Fort Collins resident, opposed the City's economic development process related to larger, more complicated projects. Vanessa Fenley, Homeward 2020 Director, announced the annual Point in Time count which will be used to identify population -specific housing needs for Fort Collins' homeless population. Jack Daniels, 172 North College, stated Fort Collins is a wonderful place to live. Citizen Participation Follow-up Mayor Weitkunat requested information regarding Mr. Devereaux's concerns. City Manager Atteberry replied a service area, request response will be forthcoming and asked Karen Cumbo, Planning, Development, and Transportation Director, to provide additional context. Combo noted the City contracts out sidewalk clearing, which should have been completed in far less than the week mentioned by Mr. Devereaux. She apologized on behalf of the City. Mayor Pro Tern Horak stated the sidewalk on the west side of North College Avenue from Cherry Street north remains packed with snow. He asked about the City's standards for sidewalk snow removal. Cumbo replied that is a reminder to the City that it needs to be more consistent with its snow removal compliance on sidewalks. Councilmember Cunniff stated the City's sidewalks need to be given equal priority to the City's trails and streets. City Manager Atteberry agreed resources need to be provided if necessary to further prioritize sidewalk snow removal. Councilmember Troxell thanked Cumbo for her report and efforts to improve the situation. He suggested input be gathered from affected individuals, such as those in wheelchairs who have been negatively affected by a lack of snow removal. Mayor Weitkunat stated this was an important discussion to hold and requested that residents be vigilant in making the City aware of issues. Councilmember Overbeck requested information. regarding the Police Services body -worn cameras. John Hutto, Police Chief, replied the web page has a Frequently Asked Questions section and noted several meetings have been held and will be held regarding the issue. Councilmember Overbeck requested the creation of a balance between privacy and surveillance. Mayor Pro Tern Horak noted he mentioned to staff Ms. Distaso's request to link the standard operating procedures to the press release. Hutto replied a second press release could be released and added the standard operating procedures link is on the same page as is the press release link. He noted the purpose of the meeting to be held at the end of the month is to engage in a community dialogue. 475 January 7, 2014 CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the December 17, 2013 Regular Council Meeting. The purpose of this item is to approve the minutes from the December 17, 2013 Regular Council meeting. 2. Second Reading of Ordinance No. 179, 2013, Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. This Ordinance, unanimously adopted on First Reading on December 17, 2013, updates the City Code, which requires an annual adjustment to certain building permit related fees. Capital Improvement Expansion fees and Neighborhood Parkland fees are to reflect the changes in the Denver -Boulder -Greeley Consumer Price Index (CPI). Street Oversizing fees are adjusted by the changes posted in the Engineering News Record (ENR). The CPI has increased 2.8% since its last adjustment and the ENR has not increased. 3. Second Reading of Ordinance No. 180, 2013, Amending Section 2-30 of the City Code Pertaining to the City Council Meeting Agenda. This Ordinance, unanimously adopted on First Reading on December 17, 2013, deletes a City Code provision requiring that the title of any ordinance placed on the consent calendar be read prior to action by the Council on the consent calendar. 4. Second Reading of Ordinance No. 181, 2013, Declaring Certain City -Owned Property as Road Right of Way. 5. This Ordinance, unanimously adopted on First Reading on December 17, 2013, declares parcels of City -owned property located at the southwest corner of Timberline Road and Prospect Road that is currently used and planned to be used in the future as Timberline Road, as public road right-of-way. to the Mason Corridor Bus Rapid Transit Project. This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the use eminent domain, if necessary, to acquire an additional utility easement which is needed for the' MAX Bus Rapid Transit Project (MAX). As a federally funded transportation project, this acquisition will conform to the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended (Public Law 91-646). In accordance with this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to the act though an official 476 January Z 2014 Notice of Interest Letter. Authorization from City Council is needed prior to sending this information to property owners. Staff requests authorization to utilize eminent domain for the MAX Project, if necessary, and only if good faith negotiations break down. 6. Items Relating to the Mail Creek Crossing Annexation and Zoning. A. Second Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the, City of Fort Collins. These Ordinances, unanimously adopted on December 17, 2013, annex and zone 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The proposed zoning for this annexation is LMN - Low Density Mixed Use Neighborhood.' Second Reading of Ordinance No. 185, 2013, Authorizing the Release of Restrictive Covenants on Property at 405 Linden Street Owned by the Fort Collins Housing Authority. This Ordinance, unanimously adopted on First Reading on December 17, 2013, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 405 Linden Street, currently owned by the Fort Collins Housing Authority. 8. Second Reading of Ordinance No. 186, 2013, Amending Ordinance No. 158, 2013, to Phase In the Effective Date of the Regulations Adopted by Ordinance No. 158, 2013, for Outdoor Service Areas That Are Not Located Within or Adjacent to Public Sidewalks or Other Public Rights -of -Way. This Ordinance, unanimously adopted on First Reading on December 17, 2013, amends the effective date of the new City Code provisions that expanded the application of the smoking ordinance to outdoor serving areas. The Ordinance establishes a "phase -in" or delayed implementation date for outdoor service areas that are not within or adjacent to sidewalks or other public rights -of -way, in an effort to limit the negative impact of Ordinance No. 158, 2013, on affected businesses. 9. First Reading of Ordinance No. 001, 2014, Appropriating Unanticipated Grant Revenue in the General Fund for the Gardens on Spring Creek. The purpose of this item is to appropriate a total of $76,000 in grant funding received by the Gardens on Spring Creek. 477 January 7, 2014 10. First Reading of Ordinance No. 002, 2014, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to appropriate $400,000 to the Senior Center Expansion Project. The additional funding is money raised by the Senior Center Expansion Committee. These funds will be used to provide improvements to the expansion project for items requested by facility staff and users; including completion of the Multi -purpose room as an education center. 11. First Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties. The purpose of this item is to adjust the maximum fines Municipal Court may impose so they are consistent with state law. 12. First Reading of Ordinance No. 004, 2014, Authorizing the Execution of a New Intergovernmental Agreement Pertaining to a Regional Road Impact Fee Program, Adopting a Regional Road Impact Fee Schedule, Ratifying Fee Changes and Collections Made in the Past, and Amending Section 7.5-85(d) of the City Code Pertaining to the Remittance to the County of the Collected Fees. The purpose of this item is to execute a new Intergovernmental Agreement (IGA) with Latimer County that allows for the collection of a Regional Road Fee at the time of development. The Ordinance adopts a fee schedule and ratifies past fee changes and collections and also amends Section 7.5-85(d) of the City Code pertaining to the remittance of the fee. 13. Items Relating to the Kechter Farm Annexation and Zoning. A. Resolution 2014-001 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Crossing Annexation: B. Hearing and First Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. 478 January 7, 2014 This is a request to annex and zone 88.21 acres located north, of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City's Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently in the County's development review process. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. 14. First Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City - Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years. The purpose of this item is to lease 4,446 square feet of City -owned property to a non-profit cafe. Feeding Our Community Ourselves; Inc. ("FoCo") wishes to lease a portion of 225 Maple Street to house a non-profit cafe with a minimal food processing facility. The total yearly lease payment for the property will be at least $16,900. The term of the lease shall be for five years. With this lease, FoCo will have the option to terminate at any time upon a 90-day advanced written notice to the City. FoCo will be responsible for its remodel, taxes, all utilities, communication services, trash services and janitorial services. 15. Resolution 2014-002 Making Appointments to the Energy Board. The purpose of this item is to correct an omission that occurred in Resolution 2013-107 that made annual appointments to various boards, commissions, and authorities. Two appointments to the Energy Board were not included in that Resolution. Councilmembers Gino Campana and Ross Conniff recommend the appointment of Philip Friedman and Michael Doss to the Energy Board. ***END CONSENT*** 479 January 7, 2014 Eric Sutherland, 3520 Golden Currant, withdrew Item No. 11, First Reading of Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties from the Consent Calendar. Michael Czaja, 204 Maple Steel, withdrew Item No. 14, First Reading of Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City -Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years from the Consent Calendar. Mayor Pro Tern Horak made a motion, seconded by Councilmember Troxell, to adopt and approve all items not withdrawn from the Consent Calendar. Yeas: Troxell, Horak, Weitkunat, Campana, Poppaw, Cunniff and Overbeck. Nays: none. THE MOTION CARRIED. Staff Reports Beth Sowder, Neighborhood Services Manager, introduced Emily Allen, Community Liaison. She stated the position is funded by both the City and Colorado State University and illustrates the dedication to the partnership. Allen discussed the Neighborhood Outreach Program which welcomes new tenants to neighborhoods and reminds them of community expectations. She also discussed Community Welcome which occurs at the beginning of each school year, the Fall Clean Up program in which students aid elderly and physically -limited residents with fall leaf clean up, and the City's Party Registration program which allows for one warning to be issued for noise violations prior to receiving citations. Councilmember Troxell thanked Allen for her report and noted this program has been recognized by the National League of Cities. Mayor Pro Tern Horak commended Sowder and Allen's work. Councilmember Reports Mayor Pro Tern Horak commended the group of private citizens who have raised funds toward the Senior Center expansion. He stated Platte River Power Authority's strategic plan is now available and stated an 1-25 coalition is examining possible funding of an additional traffic lane on I-25 from Highway 66 to Highway 14. He stated he will be attending the MPAC 64 meeting regarding solutions to transportation funding. Mayor Weitkunat reported on Council's legislative breakfast on December 22"a Councilmember Troxell went into further detail regarding the meeting and the City's legislative agenda. January 7, 2014 Council Consideration of Text Amendment to the Community Commercial-Poudre River Zone District (C-C-R), Motion to approve staff recommendation that no amendment to the Land Use Code Be Made, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to comply with Land Use Code (LUC) requirements that direct the Planning Director to submit any additions to the list of permitted uses to Council for consideration as a text amendment. If the Council disagrees with the staff recommendation, it should adopt a motion directing staff to prepare and present an ordinance to Council to amend the Land Use Code. STAFF RECOMMENDATION Staff recommends that no amendment to the LUC be made in conjunction with this added use for the following reasons: The main purpose of the District is to foster a healthy and compatible relationship between the River, the Downtown and surrounding urban uses. Any significant redevelopment shall be designed as part of a master plan for the applicable group of contiguous properties. The Link- N-Greens site was large enough to be able to foster a healthy and compatible relationship between the River, Downtown and surrounding urban uses however there are only three other areas currently zoned C-C-R all of which are significantly smaller than the "Link-N-Greens" site and therefore not likely suitable for a Campus Employment use with at least 30 acres. The largest of the remaining parcels is 23.5 acres. BACKGROUND /DISCUSSION On September 4, 2012, in accordance with the authority pursuant to Section 1.3.4(A) of the Fort Collins Land Use Code (LUC) and in conjunction with the application filed by NewMark Merrill Mountain States for approval of an overall development plan for the site (101.637 acres in size) located at the southwest corner of the intersection of Lincoln and Lemay Avenues, commonly known as "Link-N-Greens, " the following use was added to the Community Commercial-Poudre River Zone District (C-C-R): Campus employment shall mean a use that combines and permits two (2) or more of the following uses: office, light industrial, heavy industrial, commercial or retail in a unified master planned development site containing at least thirty (30) acres. The criteria contained in Section 1.3.4(A)(1) through (5) of the Land Use Code was followed and a determination made that this use conforms to all of the following conditions: January 7, 2014 In adding this use, I have examined the criteria contained in Section 1.3.4(A)(1) through (5) of the Land Use Code and have determined that this use conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added; (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added; (3) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi public facilities, utilities or services, adverse effect, on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added,' (4) Such use is compatible with the other listed permitted uses in the zone district to which it is added; (5) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility; Whenever any use has been added by the Director to the list of permitted usesin any zone district in accordance with subsection (A) above, such use shall be considered for an amendment to the text of the LUC under Division 2.9 (B). " Laurie Kadrich, Director of Community Development and Neighborhood Services, stated this item, if adopted, would show Council's support of excluding a new use, Campus Employment, in the Community Commercial-PoudreRiver Zone District. Kadrich discussed the evolution of this item and its necessity as a "clean-up" item. Councilmember Campana noted the "addition of a permitted use" is not extremely rare. Kadrich discussed the approval processes for this technique and agreed with Councilmember Campana's assertion that this is a typical process within the Planning and Zoning Board. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to limit the Campus Employment use to the Woodward development plans as recommended by the Planning Director and Planning and Zoning Board and not add the use to the list of permitted uses in the CCR Zone District: Yeas: -Horak, Weitkunat,'Campana, Poppaw, Cunniff, Overbeck and Troxell. Nays: none. THE MOTION CARRIED. Im January 7, 2014 Resolution 2014-003 Making an Appointment to the Downtown Development Authority of the City of Fort Collins, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to address the vacancy that exists on the Downtown Development Authority (DDA). BACKGROUND /DISCUSSION By adopting Resolution 2013-107, Council fulled two of the three vacancies on the DDA. At the December 17 Regular Council Meeting, staff was directed to bring options forward for the remaining vacancy. Option 1: Adoption of Resolution 2014-003 with the member's name inserted will full the remaining vacancy. or Option 2: Direct staff to recruit for the remaining vacancy. " Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, for Lee Swanson to fill the DDA vacancy. Councilmember Cunniff stated he had originally wanted to re -advertise for this vacancy in order to find a candidate who would advocate more for some of the sensitivity toward the development near the River. The vote on the motion was as follows: Yeas: Weitkunat, Campana, Poppaw, Cunniff, Overbeck, Troxell and Horak. Nays: none. THE MOTION CARRIED. Ordinance No. 003, 2014, Amending Section 1-15 of the City Code Relating to General Penalties, Adopted on First Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY January 7, 2014 The purpose of this item is to adjust the maximum fines Municipal Court may impose so they are consistent with state law. BACKGROUND /DISCUSSION The General Assembly amended Section 13-10-113, C.R.S., authorizing municipal courts of record to impose a fine of up to $2,650 or imprisonment of up to one year, or both, upon persons convicted of a municipal ordinance or code offense, with the court fines to be adjusted for inflation on January 1, 2014, and on January I of each year thereafter. FINANCIAL /ECONOMIC IMPACTS his increase, allowed by state law, will afford the municipal court judges more discretion in the tailoring of penalties for more serious offenses. This Ordinance increases the` maximum fine amount that may be charged by a municipality. It is unknown whether it will increase revenues for the city. " Eric Sutherland, 3520 Golden Currant, opposed the placement of this item on the Consent Calendar and stated the Agenda Item Summary contained misinformation and lacked validation that this move is necessary or that the existing fines are not appropriate. Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 003, 2014, on First Reading. Councilmember Cunniff requested statistics relating to the trends and history of the fines prior to Second Reading. City Attorney Roy replied he would work with Judge Lane to compile the information. Mayor Pro Tern Horak stated the fine amount has not been increased in 23 years and supported the item. The vote on the motion was as follows: Yeas: Campana, Poppaw, Cunniff, Overbeck, Troxell, Horak and Weitkunat. Nays: none. THE MOTION CARRIED. Ordinance No. 007, 2014, Authorizing the Lease of a Portion of City -Owned Property at 225 Maple Street to Feeding Our Community Ourselves, Inc. For Up to Five Years, Adopted on First Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The purpose of this item is to lease 4,446 square feet of City -owned property to a non-profit cafe. Em January 7, 2014 Feeding Our Community Ourselves, Inc. (YoCo') wishes to lease a portion of 225 Maple Street to house a non-profit cafe with a minimal food processing facility. The total yearly lease payment for the property will beat least $16,900. The term of the lease shall be for five years. With this lease, FoCo will have the option to terminate at any time upon a 90-day advanced written notice to the City. FoCo will be responsible for its remodel, taxes, all utilities, communication services, trash services and janitorial services. BACKGROUND / DISCUSSION The City purchased Lots 22 through 28, Block 32, also known as 225 Maple Street, from Haiston Oil Company ("Haiston ), in December 2008 to allow for future City development. This site has not been leased since the purchase; however, the garage units on the property have been used for storage by various City departments. Feeding Our Community Ourselves, Inc. ("FoCo') is a non-profit organization that plans to operate a cafe open to the general public and also provide meals to people, regardless of their ability to pay, while using local, organic, and sustainably-grown ingredients. FoCo hours of operation will be.11:00 a.m. through 2:00 p.m. Mondays through. Saturdays. FoCo is a 100% volunteer operated organization. In addition, the site will minimally process local fresh produce to increase its availability to low-income citizens. The Lease Premises at 225 Maple Street consist of 2,023 square foot building (975 SF main level and 1,048 SF basement) that will house the cafe. FoCo plans to remodel the main level of the building to include customer seating/dining area, a kitchen with a food preparation area, and upgraded improvements to the restrooms. The basement will be used for dry storage and FoCo office space. A new handicap accessible ramp will be installed on the west side of the building located next to the platform. Bike racks will be installed on site, although their location has not yet been determined. Weather permitting, outdoor seating/dining will be available on the gravel area between the main building (cafe) and the garage units. FoCo will also lease the easternmost garage unit, which is 525 square feet in size, and use it for general storage, housing of refrigeration/freezer units and a "growing wall". The I10 square.foot outbuilding that was added to the main building prior to the City purchasing the site will be used to hold refrigeration and freezer units. FoCo will install a full trash enclosure to the south of the main building, adjacent to the alley for trash service accessibility. FoCo will pay all costs of the remodel. FINANCIAL /ECONOMIC IMPACT Annual rent collected from this lease will result in at least $16,900 in unanticipated revenue. Rent for this space is based on comparative market rents for industrial space and cold storage buildings. FoCo will be responsible for expenses- of all utilities, communication services, trash services, janitorial services, and taxes. In addition, it will be the obligation of FoCo for any tenant finish costs. The City will be responsible for maintenance costs to the building. " January 7, 2014 Michael Czaja, 204 Maple Street, commended the City on working with FoCo but expressed concern regarding the fact citizens only became aware of this potential arrangement through a Coloradoan article. He asked if the decision to place the Cafe in this location was made because it was suitable to meet the objectives of the organization, or because it was an opportunity to rent an unused City facility. He asked about the proposed size of the Cafe and the anticipated number of customers. Jean Schorsch, 204 Maple Street, opposed the location of the FoCo project due to safety concerns in her neighborhood; she supported the idea of the project." Jim Costner, office space holder at 204 Maple Street, stated he is not opposed to the FoCo Cafe and will likely financially support the Cafe; however, he expressed concern regarding the proposed location. Dave Durbiss, 618 Wabash Street, asked if this use will require a change of use for the property and if the site will be required to undergo improvements. Eric Sutherland, 3520 Golden Currant, supported the item and questioned the City's lack of support for "social entrepreneurship;" Jeff Baumgardner, co-founder of the FoCo Cafe, stated he would welcome any community input and would like to ensure any safety concerns are addressed. He added the location is optimal for the Cafe as it is close to the individuals of greatest need who have difficulty walking great distances and is close to others in the downtown area who may opt to purchase a meal. Cindy Roberts, FoCo Cafe Boardmember, stated the true measure of community.is how we take care of all of the members of the community. She stated crime is not increased in areas around these types of cafes and questioned whether or not there are increased crime statistics related to homeless individuals. She stated the Maple Street location is ideal and noted the FoCo Cafe hopes to address neighbors' concerns. Ken Smith, Martinez Park Homeowners Association President and FoCo Caf6 Boardmember, stated this Caf6 will be a restaurant and detailed the concept behind the Caf6. He stated the space will have about 30 seats and will only be open at lunch. He expressed support for the Caf6 as a neighbor, homeowner, president of the HOA, and restaurateur. Councilmember Poppaw requested additional information regarding the overall concept, noting it is not a new idea. Mr. Baumgardner replied there are approximately 24 community cafes open in America. He stated the caf6 offers the opportunity for anyone in the community to go to a common location and have a common meal experience in a dignified manner. . Councilmember Troxell requested information regarding community engagement thus far. Mr. Baumgardner replied he and his wife have been discussing this idea with community members since June 2012. He stated he has held hundreds of meetings with community members and organizations which are the financial engine driving the Caf6 forward. IM January 7, 2014 Mayor Weitkunat requested staff response to the zoning and use questions. Ken Mannon, Operations Services Director, replied the Baumgardners have gone through the City process and the use is an approved use in the zone district, though it will require a minor amendment which means the facility will need to be brought up to some new standards. Helen Matson, Real Estate Services Manager, added the lease agreement requires that all tenant alterations follow all laws, ordinances, and rules of the City or other governing agencies. Mayor Weitkunat asked Matson to address the questions posed by the speakers. Matson replied this project was originally recommended for 212 Laporte Avenue; however, the redevelopment of that block will eliminate that building. After looking at several sites and the available lease terms for each, the new proposed site was selected. Matson stated the restaurant itself will be on the first floor, which has 975 square feet, and will hold about 30 seats. There are plans to have some outdoor seating additionally. Mannon stated the question about DDA involvement cannot yet be answered. Councilmember Overbeck asked if the Cafe will be required to apply for a restaurant license. Matson replied they will need to follow all applicable laws, including those of the County Health Department. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 007, 2014, on First Reading. Councilmember Cunniff stated he is encouraged about the development of this project and noted the item was originally on the Consent Calendar as it was not viewed as controversial; however, he stated important conversations have occurred as a result of the discussion. Councilmember Campana noted the City's involvement to this point is limited to the lease of a City -owned property; therefore, notice would not have been provided' to citizens. He stated notice will be provided as part of the minor amendment process. Councilmember Poppaw asked if notice is typically given when a restaurant opens. Matson replied any type of land use change, through either the minor amendment or major amendment process requires citizen notification; however, there is no notification process when the City plans to lease a building. Councilmember Overbeck commended the FoCo Cafe and the willingness of the Baumgardner's to have a conversation with the neighbors. Mayor Pro Tem.Horak stated he is enthusiastic about the project, but not about acting on the lease this evening. He stated some type of neighborhood outreach should have occurred, even though it is not required, given the. fact that most City properties are not expected to be restaurants. He suggested postponement of the item to allow time for a neighborhood meeting and discussions. CM January 7, 2014 Mayor Weitkunat stated this item is a lease for a City property and is not specifically related to use; neighborhood involvement will be triggered through the planning process. Councilmember Campania stated the way in which the dialogue took place was a bit awkward; however, this item only allows the lease of the property which needs to be in place prior to the planning process. He suggested Council require a neighborhood meeting in association with the minor amendment process. Mayor Weitkunat commended the project and stated it speaks to the Fort Collins idea of community. Councilmembers Troxell and Poppaw agreed to accept the condition of a neighborhood meeting. Councilmember Poppaw supported the project and neighborhood outreach. Mayor Pro Tem Horak asked if minor amendment decisions can be appealed. City Attorney Roy replied he would return with that information. Mayor Pro Tem Horak expressed concern the minor amendment decision could be appealed to Council, which has already approved the lease without looking at any potential mitigation, and the fact that the agenda item did not point out a number of other things that needed to occur for this process. Mayor Pro Tem Horak opposed moving forward with the item suggesting the Director will not push the minor amendment decision to the Planning and Zoning Board after Council has already supported the project. Mayor Pro Tem Horak made a motion to postpone the item until such time as the planning process is complete. THE MOTION FAILED DUE TO LACK OF A SECOND. Councilmember Cunniff stated the planning process cannot move forward until the lease is produced. He stated planning staff should not take Council's enthusiasm regarding the project as being more important than City Code regulations.,_ Mayor Pro Tem Horak noted the discussion' has not revolved around the lease, but rather the project. He asked if the lease is required for the project to move forward and if the lease will be signed prior to the planning process moving forward. Matson replied the lease will be signed as the planning process required permission of, the, property owner; however, if approval for the project is not granted, the Cafe has the option `to terminate the lease. N E January 7, 2014 The vote on the motion was as follows: Yeas: Poppaw, Cunniff, Overbeck, Troxell, Weitkunat and Campana. Nays: Horak. THE MOTION CARRIED. Executive Session Authorized Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to go into Executive Session for the purpose of meeting with the City Attorney, City Manager, and other affected members of City Staff to discuss potential litigation and related legal issues as permitted under Section 2-31(a)(2) of the City Code. Yeas: Conniff, Overbeck, Troxell, Horak, Weitkunat, Campana and Poppaw. Nays: none. THE MOTION CARRIED. (Council adjourned into executive session and returned at 9:18 p.m.) Adiournment Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to adjourn to Tuesday, January 14, 2014, at 6:00 p.m. so that the Council may consider various items related to the redevelopment of the Foothills Mall, as well as any additional business that may come before the Council. Yeas: Cunniff, Overbeck, Campana, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. (Secretary's note: Mayor Weitkunat was not present for the vote on the motion to adjourn.) The meeting adjourned at 9:19 p.m. ATTEST: FORT SEAL City Clerk