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HomeMy WebLinkAboutMINUTES-09/01/2015-RegularSeptember 1, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff present: Atteberry, Daggett, Winkelmann • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 9, Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to October 6, 2015 and noted Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the Ciy by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning, is a public hearing which will take place during consideration of the Consent Agenda. • . CITIZEN PARTICIPATION Jack Daniels thanked the City for the flowers in the downtown area and complimented Council and staff on making Fort Collins a beautiful place to live. Eric Sutherland discussed a state law which would require a home rule city to go through a courtesy development review process, known as a location and extents review, prior to acquiring land for the construction of any facilities or utilities in unincorporated Larimer County. He believed Boxelder Stormwater Authority is in violation of that state- law. Cheryl Distaso, Fort Collins Community Action Network, thanked Council for its work session discussion regarding homeless citizens and encouraged additional discussion regarding the street outreach program. John Anderson stated language regarding sustainability still does not address the conditions that keep people from meeting their needs. Nancy York expressed concern regarding the City's treatment of homeless citizens while still fueling and funding growth. She encouraged Council to make accommodations for all citizens. Edward Kendall, ASCSU Director of Community Affairs, supported the sense of place created for students in Fort Collins; however, he expressed concern regarding nuisance policies and occupancy ordinances. Mike Pruznick discussed a response he received from Councilmembers regarding moving an item from the Consent Agenda to the Discussion Agenda. Sabrina Steele, 'Alliance for Suicide Prevention, thanked Council for making the Suicide Awareness Month proclamation. City of Fort Collins Page 208 September 1, 2015 Aaron Hoaglund opposed Council's inaction on the local public indecency ordinance, stating the current ordinance is discriminatory. Brittany Hoaglund opposed the local public indecency ordinance stating it is discriminatory. William Montgomery summarized a complaint he sent to Council on June 25 regarding being evicted from a home that had violated the City's occupancy ordinance. Samantha Six opposed the local public indecency ordinance stating it is discriminatory. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Pro Tern Horak stated the three -unrelated and nuisance ordinances have made tremendous improvements in many parts of town. He met with Ms. Hoaglund to discuss her concerns. Councilmember Campana noted he has worked with Ms. Hoaglund regarding her concerns. City Attorney Daggett stated staff could have some options before Council regarding the public indecency ordinance in October. Councilmember Cunniff agreed with Mayor Pro Tern Horak's comments regarding the three - unrelated and nuisance ordinances. He would be willing to meet with Ms. Hoaglund. He thanked the Alliance for Suicide Prevention for its efforts in the community. • CONSENT CALENDAR Mayor Troxell opened the public hearing on Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salad Family Health Center Rezoning. Councilmember Martinez withdrew Item No. 18, First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters, from the Consent Agenda. Councilmember Overbeck withdrew Item No. 15, First Reading of Ordinance No. 107, 2015, Amending Section 23-130 of the Code of the City of Fort Collins Regarding the Disposition of Lost, Abandoned, or Other Unclaimed Property, from the Consent Agenda. Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items not withdrawn from the Consent Agenda. Mayor Troxell closed the public hearing on Item No. 20, First Reading of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. City of Fort Collins Page 209 September 1, 2015 RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Second Reading of Ordinance No. 090, 2015, Amending Chapter 23 of the Code of the City of Fort Collins with Regards to Facility and Property Naming Policies. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015 amends City Code regarding the policy for naming City -owned facilities. The amendments clarify opportunities for public input and the process for selecting facility names. Staff .recommendations include adding a preference for using natural feature names for City natural areas, removing the City Council ad hoc naming committee and the ability to name facilities for living people other than donors. In place of a City Council committee, staff recommends that the department responsible for managing the property or facility to be named conduct a public input process and that each site receive a historical review to help solicit possible names. .2. Second Reading of Ordinance No. 091, 2015, Appropriating Unanticipated Grant Revenue into the Recreation Fund for the Aging Mastery Program at the Fort Collins Senior Center. (Adopted) t . This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant funds in the amount of $7,500 received from the National Council on Aging to support a yearlong Aging Mastery Program at the Fort Collins Senior Center. The Aging Mastery Program has been designed by the National. Council on Aging -and empowers older adults to make and maintain small but impactful changes in their behaviors. The Program consists of two components, the Aging Mastery Academy and AMP Clubs, both of which will be planned and programmed at the Fort Collins Senior Center. 3. Second Reading of Ordinance No. 092, 2015, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming . Activities, Tourism Programming, and the Fort Collins Convention and Visitors Bureau. (Adopted) Ordinance No. 092, 2015, unanimously adopted on First Reading on August 18, 2015, appropriates $392,184 of which $123,448 is for 2015 Cultural Development and Programming Activities (Fort Fund), $38,007 is for 2015 Tourism Programming (Fort Fund), and $230,729 is for 2015 Fort Collins Convention and Visitors Bureau (CVB) activities from Unanticipated Revenue (Lodging Tax) and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging Taxes for 2014 were estimated at $975,000 and actual Lodging Tax revenues collected equaled $1,304,612. - 4. Second Reading of Ordinance No. 094, 2015 Appropriating Unanticipated Grant Revenue in the General Fund and Appropriating Funds From the Community Development and Neighborhood Services Operating Budget for the Restorative Justice Program. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services. A grant in the amount of $56,192 has been received from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for 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. City of Fort Collins Page 210 September 1, 2015 5. Second Reading of Ordinance No. 095, 2015, Appropriating Grant Revenue into the Light and Power Fund for the Integrated Utility Services (IUS) Project. (Adopted) A 7.' This Ordinance, unanimously adopted on First Reading on August 18, 2015, appropriates $125,000 in grant revenues from the American Public Power Association into Fort Collins Utilities Light and Power Operations fund to pilot an enhanced delivery structure for energy efficiency and renewable energy projects. The project will be implemented through the Efficiency Works Home program in collaboration with Platte River Power Authority.'. Matching funds 'will come from existing appropriations in Resource Conservation and incorporate an additional $25,000 from Platte River. Ordinance No. 096, 2015, unanimously adopted on First Reading on August 18, 2015, amends the Downtown Development Authority's (DDA) 2010 bond series, reducing the spread on the rate adjustment date. The DDA's 2010 bond series is set for a rate adjustment at the 5-year mark in 2015. Great Western Bank, the bond series purchaser, has offered a rate reduction resulting in an estimated savings of $143,000 in.interest expense over the remaining 5-year life of the bonds. This adjustment would be executed through an amendatory ordinance encompassing each bond, Series 2010A (Taxable Tax Increment Revenue Bonds) and Series 2010E (Tax -Exempt Tax Increment Revenue Bonds). Currently these bonds are to reset at 4.5% over the 5 year U.S. Treasuries, the amendments would reduce the spread on the two series to 3.5% over the 5 year U.S. Treasuries on Series 2010A and 4.25% on Series 2010B. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, amends the definition of "charitable organization" as used in the City Code's sales and use tax and lodging tax provisions in order to. mitigate the impact of current Colorado case law on a substantial number of the City's current tax exempt charitable organizations. I ' 8. Second Reading of Ordinance No. 098, 2015, Amending Article III of Chapter 12 of the Code of the City of Font Collins Pertaining to Smoking in Public Areas. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, revises the current Smoking in Public Places Ordinance to include exemptions for retail tobacco establishments within the Downtown Smoke -Free Zone and for City facility users who smoke on City premises in a fully enclosed, privately -owned vehicle. The Ordinance also provides clarification on the City -owned or maintained sidewalks that are intended to be covered by the provisions in the current Ordinance. 9. Postponement of Items Relating to the Kechter Farm Second Annexation and Zoning to October 6. 2015. (Adopted) Staff requests postponement of Second Reading of the Kechter Farm Second Annexation and Zoning Ordinances (Ordinance Nos. 099 and 100, 2015) to October 6, 2015 to allow time for Larimer County to complete the entitlement process for Second Filing. The Larimer County Planning Department has indicated that the Board of County Commissioners will not have taken final action in time for the City Council to adopt the annexation and zoning on Second Reading on September 1, 2015. Under the Intergovernmental Agreement with Larimer County, the City has agreed to not annex lands within the Fossil Creek Reservoir Area Plan until after final plan approval by the County. The postponement to October 6, 2015 will allow time for Larimer County to complete its review process. City of Fort Collins Page 211 September 1, 2015 10. Second Readinq of Ordinance No. 101, 2015, Amending Ordinance No. 08t 2003, to Rename the Wiggins House and Garage at 1009 West Mountain Avenue, Fort Collins, Colorado, as the Wiggins/Taylor Property Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) Ordinance No. 101, 2015, unanimously adopted on First Reading on August 18, 2015, renames the Landmark property at 1009 West Mountain Avenue, currently known as the Wiggins House and Garage, to the Wiggins/Taylor Property, in recognition of long-time owner Patricia Taylor.. 11. Second Readinq of Ordinance No. 102, 2015, Desiqnating the Schlichter/Akin/Smith Property, 1312 South College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on August 18, 2015, designates the Schlichter/Akin/Smith Property at 1312 South College Avenue as a Fort Collins landmark. The owner of the property, MaOIPh LLC, is initiating this request. 12. Items Relating to Traffic Code Amendments Regarding Accommodation of Low -speed Electric Vehicles and Parking Regulations. (Adopted) A. Second Reading of Ordinance No. 103, 2015, Amending Section 1410.1 of the Fort Collins Traffic Code Allowing Low -Speed Electric Vehicles. B. Second Reading of Ordinance No. 104, 2015, Amending Section 1205 and 1205.5 of the Fort Collins Traffic Code Amending Parking Restrictions. These Ordinances, unanimously adopted on First Reading on August 18, 2015, amend two sections of the Fort Collins Traffic Code. The amendment to Section 1410.1 will permit low speed electric vehicles on certain City streets. Section 1205 is proposed to be amended to permit parking configurations that will accommodate the potential for parking -protected bike lanes and back -in angle parking. 13. First Readinq of Ordinance No. 105, 2015, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. (Adopted) The purpose of this item is to return the Payment in Lieu of Taxes (PILOT) for public services and facilities received from the Fort Collins Housing Authority in 2014 with respect to a HUD financed Public Housing Program that provides low income rental units. The Authority paid the City of Fort - Collins PILOT of $7,271 in 2014 under a previously approved Cooperation Agreement and requests that the City return the PILOT to fund needed affordable housing related activities. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has returned the PILOT payment to the Authority since 1992. 14. First Reading of Ordinance No. 106, 2015, Appropriating Prior Year Reserves in the General Fund for the Purpose of Completing the Construction of a Public Television Studio for Fort Collins Public Access Network. (Adopted) The purpose of this item is to appropriate funds from PEG reserves to be spent on additional improvements for FC-PAN's television studio in the City's Carnegie Building. City of Fort Collins I Page 212 September 1, 2015 15. First Reading of Ordinance No. 108, 2015, Amending Sections of the Code of the City of Fort Collins Pertaining to City Service Areas. (Adopted) 16. The purpose of this item is to update Service Area definitions in City Code to reflect structural adjustments needed to clarify organization roles, and enhance efficiency and effectiveness of the City organization. Zone District Through March 9, 2016. The purpose of this item is to consider a 6 month extension to the Planned Development Overlay District (PDOD) Pilot Process as the current pilot will expire on September 9, 2015. A request has been received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional six months. 17. Items Relating to the Acquisition of Property at 4200 County Road 30. (Adopted) A. Resolution 2015-080 Authorizing the Execution of an Intergovernmental Agreement with the City of Loveland to Acquire and Cooperate Regarding a Parcel of Land and Water Rights at 4200 County Road 30 Within the Fort. Collins — Loveland Community Separator. B. First Reading of Ordinance No. 111, 2015, Authorizing the Conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland for Property at 4200 County Road 30. The purpose of this item is to seek Council approval of an Intergovernmental Agreement with Loveland outlining the parties' rights and obligations with respect to a proposed 113-acre acquisition in the Fort Collins -Loveland Community Separator and approval of the conveyance of a Right of First Offer and Right of First Refusal on the same parcel to Loveland. The City of Loveland's Water & Power Department is purchasing 50 Units of Colorado Big Thompson Project (CBT) water historically associated with the land. In addition, Loveland's Parks and Recreation Department will contribute funds towards the land. In total, Loveland will contribute $1.5M and Fort Collins will contribute $1.51M towards the purchase price of $3M. 18. First Readinq of Ordinance No. 112, 2015, Amending the Zoning Map of the City by Changing the Zoning Classification for that Certain Property Known as the Salud Family Health Center Rezoning. (Adopted) The purpose of this item is to rezone 22.8 acres located at 1830 Laporte Avenue (formerly occupied by Forney Industries) from Transition (T) to Low Density Mixed Use Neighborhood (L-M-N) and Limited Commercial (C-L), in accordance with the Comprehensive Plan (City Plan). 19. Resolution 2015-081 Making Findings of Fact and -Conclusions of Law Regarding the Appeal of the Administrative Hearing Officer Marcus McAskin Decision Approving the River Modern Project Development Plan. (Adopted) On July 20, 2015, Max D. Oesterle et al. filed a Notice -of Appeal on grounds that the Decision Maker failed to properly interpret and apply certain provisions of the Land Use Code. On August 18, 2015, City Council voted 7-0 on the motiori that the Hearing Officer did not fail to properly interpret and apply certain provisions of the .Land Use Code, specifically Sections 3.4.1(E)(2), 3.5.1(B), (C), (D), and (E), and added conditions to the project's approval. • CONSENT CALENDAR FOLLOW-UP City of Fort Collins Page 213 a September 1, 2015 Councilmember Cunniff requested clarification regarding the timeline and larger public purpose for Item No. 17, First Reading of Ordinance No. 109, 2015, Extending Ordinance No. 024, 2013, Which Amended the Land Use Code by the Addition of a Temporary Planned Development Overlay Zone District Through March 9, 2016. City Manager Atteberry replied he would supply that information prior to Second Reading. • COUNCILMEMBER REPORTS Councilmember Campana reported on the "It's On Us" Fort Collins campaign launch. Additionally, he stated he was invited to participate in an event at the White House for the "Let's Move" campaign. Councilmember Stephens thanked Councilmember Campana for his work regarding the "It's On Us" campaign. Additionally, she congratulated the Poudre Fire Authority for being accredited by the Commission on Fire Accreditation International. Councilmember Overbeck thanked Fort Collins for approving the placement of lights at the City's skate park near the Atzlan Center. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 01 to October 6, 2015) The purpose of this item is to significantly reduce the volume of abandoned and unclaimed items left and abandoned on City property. Section 23-130 of City Code sets forth a process by which lost, abandoned, or other unclaimed property coming into the City's possession may be sold, kept, or destroyed by the City. Current City Code requires the City to store this property for not less than thirty (30) days and then publish notice to afford the owner the opportunity to reclaim the property. City staff is finding an increasing volume of abandoned and unclaimed items in deteriorated condition within City natural areas, parks, trails, road underpasses and other public places. In addition to the unsafe condition this property presents to the public in situ, it is also creating handling concerns and storage challenges to those involved. This Ordinance amending Section 23 -130 sets forth a process by which abandoned items of no utility or value may be promptly removed and destroyed following a 24-hour notification. Finally, this amendment also adds a 30 day appeals provision to contest the disposal of personal property. Based on recent experience, staff believes the impact of this Ordinance will be minor as the target is abandoned or unclaimed items, not property that can be associated with an individual or property with real or marketable value. Councilmember Overbeck stated he pulled the item due to concerns regarding the 24-hour time notification period. Rick Bachand, Natural Areas Environmental Program Manager, stated that current City regulations require lost, abandoned, or unclaimed property which has been found by City officials to be inventoried and logged into the police services evidence system and held for a period of 30 days followed by a 10-day notification period. Staff believes unclaimed property in City parks and natural areas can present a public health and safety issue. The purpose of this item is to define lost, unclaimed, and abandoned property and to set forth a process for handling the material and a process for notifying the proper owners. Bachand discussed the public process with stakeholders and stated many concerns centered around the 24-hour notification period. Staff is concerned about lengthening that time period. City of Fort Collins Page 214 ' r September 1, 2015 Sandy Lemburg asked if notice is placed on found items indicating where the items can be reclaimed and supported increasing the notification period to 48 hours. Lynn Thompson, Fort Collins Homeless Coalition, supported increasing the notification period to 48 or 72 hours. She noted officers are charged to dispose of property as they see fit and argued property owners are the best people to make a determination of the value of a given piece of property. Mike Pruznick expressed concern regarding property being referenced as "items." Cheryl Distaso, Fort Collins Community Action Network, thanked Mr. Bachand for his assistance and supported increasing the notification period to 72 hours. Lynn Barker stated the photos shown are not'representative of the typical homeless campground. John Anderson questioned how this item is working toward the elimination of the conditions which are keeping people from meeting their needs. Councilmember Overbeck asked -about the possible staff concerns with increasing the notification period. Bachand replied the concern is with effective use of resources and timing. The material referenced is soiled or has been exposed to the elements. Councilmember Campana supported some type of a compromise regarding increasing the notification period for personal property to 72 hours. Bachand reiterated this ordinance does not reference personal property; it addresses lost, abandoned, unclaimed property which is often destroyed or soiled. J.R. Schnelzer, Director of Parks, noted dangerous items have been found in the city's parks and noted the collection of some of these items is actually protecting the items themselves. Councilmember Martinez asked how the value or utility of items is determined. Robin Cochran, City Attorney's Office, detailed the three categories of property defined in the proposed ordinance: first, property that seems to have some value such as sleeping bags, tents and cooking utensils, second, items such as tarps, soiled and broken tents, or deteriorated items which appear to have no utility, and third, items that are considered trash. Cochran stated property in the first category which is not collected after 24 hours will be held for at least 30 days and items determined to have little or no value due to their condition will be destroyed after the 24 hour notification period. Additionally, Cochran noted individuals may file a protest regarding items which have been destroyed and the City may find it appropriate to reimburse those individuals. Councilmember Stephens expressed concern about needles and other truly unsafe items. Schnelzer replied needle disposal units are in place with all Park Rangers and stated needles and alcohol are immediately removed. Bachand stated Natural Areas staff also remove unsafe items as soon as possible. Councilmember Stephens asked if notice can be given regarding the change in policy. Bachand replied staff would post notices at providers and trailheads. City of Fort Collins Page 215 September 1, 2015 Councilmember Martinez expressed concern regarding the need for Police Services to deal with the logging and storage of personal property items. Jerry Schiager, Police Services, replied there is currently no other system in place; however, there have been discussions regarding one of the non-profit partners providing that service. Bachand noted this amendment would reduce the volume of material needing to be stored. City Manager Atteberry stated staff will research the option of utilizing a non-profit for logging and storage of personal items; however; he noted the volume of materials remains a concern. Mayor Pro Tem Horak made a motion, seconded. by Councilmember Cunniff, to adopt Ordinance No. 107, 2015, on First Reading. Mayor Troxell commented on the reasons this Ordinance is practical and expressed support for the Ordinance as written. Councilmember Campana stated this Ordinance does not solve the problem and has overcomplicated the situation. Councilmember Martinez expressed concern with the 24-hour notification period and stated the burden on Police Services needs to be addressed given the fact this is a communitywide issue. City Manager Atteberry stated he will work with Chief Hutto to pursue a partnership with a willing non-profit. Councilmember Stephens stated she would support a 48-hour notification period and will not support the Ordinance -as written. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to postpone consideration of Ordinance No. 107, 2015 to October 6, 2015. 1 Mayor Pro Tern Horak stated due process needs to be clearly "addressed with respect to the involvement of.a non-profit. Councilmember Cunniff clarified he would like to see details around the time period, clarity in the form of a flow chart regarding where property is distributed, and would like to have some time allotted at a work session to further discuss the issue prior to the October meeting. Councilmember Overbeck requested information regarding the monetary cost of the clean-up of these items. Councilmember • Martinez expressed concern regarding the 24-hour notification period and emphasized this is a community problem. City of Fort Collins . Page 216 September 1, 2015 RESULT: FIRST READING OF ORDINANCE NO. 107, 2015, POSTPONED TO OCTOBER 6, 2015 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 21. First Reading of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to Seasonal Overflow Shelters and Homeless Shelters. (Adopted on First Reading) The purpose of this item is to add two new uses, Seasonal Overflow Shelters and Homeless Shelters, amend Article Four to add these new uses to various appropriate zone districts and amend Article Three to add supplemental regulations and review criteria for Seasonal Overflow Shelters only. Councilmember Martinez stated he pulled this item in order to brief the public regarding the purpose of this item and to address concerns of citizens regarding the repercussions of overflow into neighborhoods. Sue Beck-Ferkiss, Social Sustainability Specialist, replied this Land Use Code change would allow for a procedure to activate overflow shelters in existing structures. This change paves the way to allow consideration of locations that wish to operate an overflow shelter. Additionally, a public neighborhood meeting would be required prior to the activation of any location. Cheryl Distaso, Fort Collins Community Action Network, thanked staff for work and outreach regarding this issue and supported the Ordinance. Lynn Thompson, Fort Collins Homeless Coalition, thanked staff for work and outreach regarding this issue and supported the Ordinance. Mayor Pro Tem Horak made a .motion, seconded by Councilmember Martinez, to adopt Ordinance No. 110, 2015, on First Reading. RESULT: ORDINANCE NO. 110, 2015 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck; Campana; Troxell, Cunniff, Horak • DISCUSSION ITEMS 22. Resolution 2015-082 Directing the City Manager to Submit to the U.S. Army Corps of Engineers the City's Comments on the Supplemental Draft Environmental Impact Statement for the Northern Integrated Supply Project (Adopted as Amended) The purpose of this item is to review, and to consider endorsement by resolution, comments directed to the United States Army Corps of Engineers (Corps) regarding the Supplemental Draft Environmental Impact Statement (SDEIS) for the Northern Integrated Supply Project (NISP). Please note that this Agenda Item Summary and the attached comments to the Corps are intended to protect the interests of the City by identifying the City's concerns with NISP and the SDEIS. The comments are further intended to create a record that establishes a firm foundation for the City's participation in future administrative, legal, and informal processes associated with NISP in order to address direct impacts in Fort Collins and to the City. l City of Fort Collins Page 217 September 1, 2015 As noted for Council's July 28 Work Session, staff believes certain areas of the SDEIS represent a significant improvement over the 2008 Draft Environmental Impact Statement (DEIS). The Common Technical Platform (CTP) required by the Corps for the hydrological modeling underlying the SDEIS has provided valuable baseline information to its analysts and reviewers. Furthermore, the CTP is being used in the City's EIS process for the Halligan Water Supply Project. Based on the CTP, the impacts analysis of the SDEIS has been strengthened in certain key areas. In addition, the SDEIS includes a conceptual mitigation plan put forward by Northern Colorado Water Conservancy District (Northern) that provides an overview of how Northern has initially proposed to deal with some of the unavoidable impacts of NISP. The City welcomes Northern beginning the conversations around mitigation. Notwithstanding these valuable improvements and potential benefits, as summarized below, staff continues to have numerous significant and fundamental concerns with respect to NISP's impacts to the City and the failure of the SDEIS to adequately or accurately describe all of the impacts. The concerns include: • The absence of a critical water quality and stream temperature report that quantifies the water quality impacts. Many of the potential impacts to Fort Collins hinge on the report's findings. • The inclusion of a no -action alternative that is not bona fide; this improperly skews the entire analysis in favor of the preferred alternative. • The potential for water quality degradation that could affect source water and wastewater treatment facilities. • Flawed analyses and conclusions related to the project's reduction of peak flows which are likely to harm the environment and potentially increase flood risk • In general, flawed analyses and conclusions regarding long-term degradation of habitat • A failure to analyze an alternative that would avoid most negative impacts to Fort Collins. • A conceptual mitigation plan that is premature and inadequate because the impacts of the project have not yet been correctly described. • A conceptual mitigation plan that includes an augmentation flow that, as currently described, is not likely to be allowed under Colorado water law and administration. • Significant negative impacts to the recreation values of the River. Where possible, the City's comments include suggestions for how to improve the analysis or resolve the City's concerns. Please note that the comments provided on NISP to the Corps could lead to potentially significant delays and increased costs to the City's Halligan Water Supply Project, since changes to the analysis of NISP as a result of these and other comments will likely be required for both projects. John Stokes, Natural Areas. Director, noted the agency in charge of most of the review process for the Northern Integrated Supply Project (NISP) is the Army Corps of Engineers; therefore, the majority of the comments are directed primarily to the Army Corps. Staff had hoped the supplemental draft environmental impact statement (SDEIS) for the project would satisfy their concerns; however, there are certain key areas in which the SDEIS is off the mark. The. Resolution under consideration supports additional water supply for the project participants, expresses continued concerns regarding the potential harm to Fort Collins, the inadequacies of the SDEIS and the conceptual mitigation plan, and expresses an inability to support the project at this time based on the City's concerns. The Army Corps is the ultimate decision maker regarding whether this project is permitted and a final EIS, a record of decision, State water quality certification and State wildlife mitigation plan will be completed, moving forward. Staff is recommending conditional opposition in order to protect the City's interests. It is impossible r to understand the full impacts of the project until some of the analyses are improved. Stokes detailed staffs conclusions and ways in which the City's assessment differs from that of the Army Corps. City of Fort Collins Page 218 September 1, 2015 (Secretary's note: The Council took a brief recess at this point in the meeting.) Sandy Lemburg opposed the NISP project stating its supporters are encouraging uncontrolled growth. Mike Pruznick discussed the ways in which the NISP project does not meet the Army Corps requirements. Sean Conway, Weld County Commissioner, encouraged Council to examine the project from a regional perspective. Liz Pruzner supported the staff recommendation to oppose the project citing concerns with the SDEIS. Alan Apt stated,this is not a 21st century plan and supported the staff recommendation. Joe Piesman supported the staff recommendation. Leroy Poff acknowledged the fact Northern Colorado needs water; however, he supported the staff recommendation. Tim Johnson supported the Resolution and staff recommendation. Brandt Irion opposed the NISP project. Christopher Smith, Left Hand Water District, supported the NISP project as being able to provide a safe, reliable water source. Zo Steeber, Fort Lupton City Council, supported the NISP project. Greg Schroer supported the Resolution and staff recommendation and opposed the NISP project. t Rose Lew, Fort Collins Sustainability Group, stated the Army Corps needs to address climate - related impacts of the NISP project. Richard Livingston supported the staff recommendation. Phillip Friedman opposed the NISP project. Harry Rose commended staff on their thorough, well -drafted analysis of the SDEIS and supported the staff recommendation. Charles Kop opposed the NISP project. Carole Hossan supported the staff recommendation but encouraged Council to fully oppose the NISP project. Jason Hall expressed concern peak flows cannot be guaranteed and supported the staff recommendation. Cordelia Stone supported the staff recommendation and opposed the NISP project. City of Fort Collins Page 219 September 1, 2015 Laura -Pritchett supported the staff recommendation and opposed the NISP project. Elizabeth Hudetz opposed the NISP project and supported the staff recommendation. Diane Marschke opposed the NISP project. Gary Wockner, Save the Poudre, stated the SDEIS ignored many comments and should be redone in order to comply with federal law. Don van Zyl opposed the NISP project. Karen Balogs supported the staff recommendation and Resolution. Roger Favorg opposed the NISP project. Mike DiTullio, Fort Collins Loveland Water District; discussed legal rights to water stating the Poudre River is in its current state because of the City of Fort Collins' use of the river's water. He supported the NISP project and opposed the Resolution. Joe Kissell supported the staff recommendation and opposed the NISP project. Scott Mason stated Council's first responsibility it to protect the Poudre for Fort Collins and protect tax payers' investment in the river. Gina Janett supported the staff recommendation and Resolution. Councilmember Campana stated the number one objective is protection of Fort Collins; however, he stated the project could potentially be done while still meeting that objective. He asked what impact a redesign of the proposed reservoir would have on the river flows through the city. Stokes stated the primary benefit to Fort Collins would involve the water running through town rather than diverting most of the water at the Poudre Canal. Councilmember Campana asked what effect that change would have on the ability of the Fort Collins Loveland Water District to supply water to its service area. Adam Jokerst, Water Resources Engineer, replied the modified alternative would operate similarly to other alternatives and would have the same distribution network from Cactus Hill Reservoir to the various entities using water through the NISP project. Councilmember Campana asked if staff could conditionally support the project •using this modified alternative. Jokerst replied the modified alternative provides 'a way for the NISP participants to develop the water they need while allowing more water to be left in the Poudre River through town. Stokes replied it would be too early, from his perspective, to provide conditional support even utilizing the modified alternative; at best, a Resolution expressing neutrality should be considered because staff would want the Army Corps to do the analysis of that alternative. Mayor Troxell asked if any other comment periods will occur prior to the issuance of the final EIS. Stokes replied there is typically a public comment period when the final EIS is published. City of Fort Collins Page 220 l September 1, 2015 Mayor Troxell requested additional information regarding instream flows. Eric Potyondy, Assistant City Attorney, replied the essence of the City's comment regarding instream flows is that the water rights that are described in the SDEIS to be used in this program are not clearly decreed in such a way that they can be used. as described in the SDEIS. Staff is' -generally in support of the instream flow concept; however, as described in the SDEIS, there are several fundamental issues which leave the instream flow program potentially susceptible to legal challenges. These issues could potentially be addressed by modifying the program. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff,' to adopt Resolution 2015-082. Mayor Pro Tem Horak commended staff on its work, noting the directive to complete this Resolution came from Council. Additionally, he commended Northern and discussed Council's fiduciary responsibility to represent all of Fort Collins and discussed the differences between the NISP project and the potential Halligan Reservoir -project. Councilmember Cunniff stated the purpose of this Resolution is to clearly articulate Fort Collins' interests and to try to continue to steer the project in a better direction., Councilmember Overbeck thanked staff for work on the Resolution. Councilmember Stephens thanked staff and citizens who.spoke and stated she would support the Resolution. Councilmember Martinez asked if staff had the opportunity to talk with the Army Corps regarding some of the concerns. Stokes replied there is a very specific process which must be followed and it does not include more informal types of conversations., Councilmember Campana suggested the inclusion of additional mention ,of the proposed modified solution. . Mayor Troxell stated it is in the City's best interest to continue to be a player in discussions going forward. He commended the language of the Resolution and noted the importance of the City's relationship with Northern and the Fort Collins -Loveland Water District. Councilmember Campana made a motion for ..a , friendly amendment, seconded by Councilmember Martinez, to add the language "such as Fort Collins proposed modified alternative number four" under Section 1. City Attorney Daggett recommended the addition of "as described in the City's comments." Mayor Pro Tem Horak and Councilmember Cunniff accepted the friendly amendment. City Attorney Daggett suggested the additional language: "if such variant addresses the City's fundamental concerns," which was accepted by Mayor Pro Tem Horak and Councilmember Cunniff as well as by Councilmembers Campana and Martinez. City of Fort Collins Page 221 September 1, 2015 RESULT: RESOLUTION 2015-082 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak (Secretary's note: The Council took a brief recess at this point in the meeting.) 23. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Eight Zone Districts. (Option A or Option M (Adopted as Amended on Second R) The purpose of this item is to amend the Land Use Code to require City Council review of Addition of Permitted Use (APU) applications in eight residential zone districts. Second Reading of this Ordinance,, unanimously adopted on First Reading on July 7, 2015, was postponed to this date and time to allow time to develop the revised final ordinance. Two APU process options are proposed for City Council consideration: • Option A is a bifurcated process where the Planning and Zoning Board would make a decision on a development plan conditional upon Council approval of the APU application and then forward a recommendation to Council on the APU. • Option'B is a consolidated process where the Planning and Zoning Board would review a consolidated APU/development plan application and make a recommendation to the City Council. Cameron Gloss, Planning Manager, presented the two options developed by staff. Option A would involve Planning and Zoning Board review of development applications which, if approved, would be conditional upon Council approving the addition of a permitted use application. Option B would involve the Planning and Zoning Board making a recommendation on both the development and APU applications with Council making a final determination on both aspects. Gloss outlined the process for development applications which include APUs. I Paul Patterson,opposed bringing the APU applications before Council. Michelle Haefele stated neither of the proposed options addresses the fundamental problems with the APU process. She opposed the APU process as it exists and stated existing residents should have more power when it comes to opposing an APU. Mike Knowles stated the two options do not reflect the desires nor address the concerns of the citizens that began this reform. Councilmember Cunniff asked if the issues would be heard just like other zoning decisions of similar size with Option A. City Attorney Daggett replied in the affirmative, stating the APUs would be treated the same as rezonings. Councilmember Campana noted the Planning and Zoning Board voted for Option B and requested additional information. Gloss replied the Board believes the development plan and the use described in the APU are linked and should be consolidated under one evaluation. City of Fort Collins Page 222 September 1, 2015 Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 080, 2015, Option A. City Attorney Daggett read her recommended language changes for the record.. Councilmember Cunniff stated he has significant concerns regarding the APU process in residential zones but acknowledged this is a step in the right direction in providing for additional visibility and opportunity for citizen comment. Mayor Troxell stated he would support the motion and thanked citizens who originally brought the issue before Council. RESULT: ORDINANCE NO. 080, 2015, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell; Cunniff, Horak • OTHER BUSINESS Mayor Pro, Tem Horak requested that the City Attorney and City Manager bring back the public indecency ordinance for discussion. He received support from Council for that request. Councilmember Campana requested the City Manager discuss the possibility of creating an authority in the Growth Management Area that would work through water issues. Councilmember Cunniff stated he has historically been concerned with the water authority model; however, there may be a good governance model which protects the rights of the existing Fort Collins water utility rate payers, as well as the interests of the existing other water district rate payers. Mayor Pro Tem Horak discussed the importance of clarifying the objectives and desired outcomes for such an authority. Additionally, he suggested including discussions with the other entities in the scoping process. City of Fort Collins Page 223 September 1, 2015 • ADJOURNMENT The meeting adjourned at 10:30 PM. nEAL: loop - Mayor ATTEST: City Clerk City of Fort Collins Page 224