HomeMy WebLinkAboutMINUTES-09/15/2015-RegularSeptember 15, 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, Troxell, Cunniff
ABSENT: Campana, Horak
Staff Present: Atteberry, Daggett, Winkelmann
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended Item No. 9, First Reading of Ordinance No. 113, 2015,
Appropriating Prior Year Reserves in the General, Capital Expansion and Street Oversizing
Funds to Reimburse Woodward, Inc. For Development Fees and Capital Improvement
Expansion Fees, be postponed to the October 6, 2015 regular meeting.
• CITIZEN PARTICIPATION
Jack Daniels commended the flowers in the downtown area.
William Montgomery opposed the City's camping ban, the three -unrelated rule and expressed
concern related to the availability of affordable housing in the city.
Eric Sutherland discussed the Downtown Development Authority board packet relating to
property taxes.
David Montgomery discussed the separation between homeless residents and transients.
Additionally, he reported on a 911 call he made to which there was no response and opposed the
City's camping ban. ,
Kevin Cross, Fort Collins Sustainability Group, discussed mid -cycle budget offers recommended
by the City Manager related to the Climate Action Plan and supported three additional offers.
Julian (no last name given), People First and ARC of Larimer County, thanked Council for its
support of Transfort funding and supported the mid -cycle, budget request for ADA accessible bus
stops.
Marilee Boylan, ARC of Larimer County Executive Director, supported the mid -cycle budget
request for ADA accessible bus stops. ;
Thomas Edwards, Fort Collins Bicycle Coalition, stated he did a bicycle survey at Laurel and
Remington and noted the Traffic Code was rarely followed. He expressed concern regarding the
rough surface of Remington Street.
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September 15, 2015
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez requested further information regarding Mr. Montgomery's report on
his 911 call. City Manager Atteberry replied information will be forthcoming from Chief Hutto.
Councilmember Cunniff asked if Item 13, Items Relating to Amendments to the Fort Collins
Traffic and City Code Regarding Bicycle Regulations, will make it easier to enforce bicycle
traffic laws. City Manager Atteberry replied in the affirmative.
Councilmember Cunniff requested an update regarding the Remington greenway construction.
City Manager Atteberry replied that information will be forthcoming.
Mayor Troxell noted the work session following this meeting will address the City Manager's
recommendations for the mid -cycle budget offers.
• CONSENT CALENDAR
i
Eric Sutherland withdrew Items 11, 12 and 15, First Reading of Ordinance No. 115, 2015,
Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From
Individual Stormwater Basin Capital Projects, Including All Sub -Projects and Encumbrances,
into the Stormwater Basin Improvement Capital Project, Items Relating to Marijuana Code
Amendments, and Resolution 2015-084 Submitting a Substantial Modification of the Midtown
Urban Renewal Plan to the City's Planning and Zoning Board and to the Poudre School District
from the Consent Agenda.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
2.
Consideration and Approval of the Minutes of the August 11, 2015 Special Council Meeting
and the August 18, 2015 Regular Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 11, 2015 Special Council
Meeting and the August 18, 2015 Regular Council meeting.
Housing and Related Activities. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, refunds 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
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3.
determines that such remittal serves a_valid public purpose. The Council has returned the PILOT
payment to the Authority since 1992.
for Fort Collins Public Access Network. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, appropriates funds in
the amount of $49,535 from existing PEG reserves to be spent on additional improvements for FC-
PAN's television studio in the City's Carnegie Building.
4. Second Reading of Ordinance No. 108, 2015, Amendinq Sections of the Code of the City of
Fort Collins Pertaining to City Service Areas. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, updates Service.
Area definitions in City Code to reflect structural adjustments needed to clarify 'organization roles,
and enhance efficiency and effectiveness of the City organization.
5. Second Reading of Ordinance No. 109, 2015, Extendinq 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes 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 to March 9, 2016.
6. Second Readinq of Ordinance No. 110, 2015, Amending the Land Use Code Pertaining to
Seasonal Overflow Shelters and Homeless Shelters. (Adopted)
Ordinance No. 110, 2015, unanimously adopted on First Reading on September 1, 2015, adds two
new uses, Seasonal Overflow Shelters and Homeless Shelters. Article Four will be amended to add
these new uses to various appropriate zone districts and Article Three will be amended to add
supplemental regulations and review criteria for Seasonal Overflow Shelters only.
7. Second 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.
(Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, authorizes the
conveyance of a Right of First Offer and Right of First Refusal to the City of Loveland on property
located at 4200 County Road 30, in the Fort Collins -Loveland Community Separator. 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 $1.5M towards the purchase price of $3M.
8. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 1, 2015, rezones 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).
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September 15, 2015
9. First Reading of Ordinance No. 113, 2015, Appropriating Prior Year Reserves in the General,
Capital Expansion and Street- Oversizing Funds to Reimburse Woodward, Inc. For
Development Fees and Capital Improvement Expansion Fees. (Adopted)
The purpose of this item is to appropriate $180,994 of prior year reserves for a rebate to Woodward
for fees under an agreement that City Council approved on April 2, 2013 (Ordinance No. 055, 2013).
The agreement provides Business Investment Assistance for the relocation of Woodward's
headquarters, as well as an expansion of its manufacturing and office facilities to a new location at
the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and
1,700 primary jobs in the City.
10. Items Relating to Pitkin Low Stress Corridor Intergovernmental Agreement. (Adopted)
A. Resolution 2015-083 Authorizing the Execution of an Intergovernmental Agreement Between the
City and the Colorado Department of Transportation in Order for the City to Receive Federal
Transportation Alternative Program Funds for the Pitkin Street Low Stress Bicycle Corridor
Improvements.
B. First Reading of Ordinance No. 114, 2015, Appropriating Unanticipated Federal Grant Revenue
into the Capital Project Fund for the Pitkin Street Low Stress Network Corridor Improvements.
The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA)
with the Colorado Department of Transportation (CDOT) and to appropriate unanticipated federal
grant funds of $593,000 into the Pitkin Street Low Stress Corridor Improvements Project. This
project will design and construct bicycle and pedestrian routes and crossings along the Pitkin Street
Corridor between Overland Trail and Riverside Avenue. The proposed actions will enable initiation
of the project. $148,250 in local matching funds are available in the previously appropriated Building
on Basics -Bicycle Plan Implementation.
11. Items Relating to Amendments to the Fort Collins Traffic and City Code Regarding Bicycle
Regulations. (Adopted)
A. First Reading of Ordinance No. 120, 2015, Amending the Fort Collins Traffic Code and Adding to
it a New Part 21 Regulating Bicycles.
B. First Reading of Ordinance No. 121, 2015, Amending Section 1-15 of the Code of the City of Fort
Collins Regarding the Application of the Traffic Calming Surcharge to Bicycle Traffic Infractions.
The purpose of this item is to reorganize;the provisions regulating bicycles in the Fort Collins Traffic
Code (the "FCTC") to enhance citizen accessibility of the bicycle laws, to increase citizen
understanding of such laws, and to remove the $35 Traffic Calming Surcharge that is currently
assessed on bicycle tickets.
Ordinance No. 120, 2015, is designed to increase bicycle safety, enforcement, and to further safety
goals established by Council through the 2014 Bicycle Master Plan. It incorporates all provisions
regulating bicycles that are currently dispersed sporadically throughout various sections of the FCTC
into a new Part 21 of the FCTC. Part 21 provides a common, easy to read reference both for bicycle
riders and officers enforcing the bicycle laws.
Ordinance No. 121, 2015, removes the $35 Traffic Calming Surcharge that is currently assessed on
bicycle tickets.
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September 15, 2015
12. First Reading of Ordinance No. 122; 2015 Amending Division 1 of Article II of Chapter 2 of the
Code of the City of Fort Collins to Add a New Section to Provide for Participation by Boards
and Commissions in Ad Hoc Review of Additional Issues on Request. (Adopted)
The purpose of this item is to amend the City. Code to allow City boards and commissions, upon
request of the City Council or the City Manager, to participate in review and, consideration of
specified matters. This will allow participation at "Super Issue" meetings by board and commission
members. '
13. Resolution 2015-085 Making Appointments,to the Youth Advisory Board. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Youth
Advisory Boards due to term expirations and resignations of current members.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens congratulated the applicants and appointees to the Youth Board and
encouraged citizens to apply for board and commission positions.
Councilmember Martinez commended the Youth Board applicants.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on Drive Electric Northern Colorado week and a workshop
at CSU about electric vehicle charging stations.
Mayor Troxell reported on his attendance at the Northern Colorado Homebuilders Association
sponsored Parade of Homes kickoff, ComicCon at the Northside Atzlan Center, and the
Oktoberfest at Anheuser Busch. Additionally, Mayor Troxell stated Fort Collins is hosting a
Grand' Forks, North Dakota community group over the next few days.
Councilmember Martinez reported on the Norman Rockwell display at the Art Museum.
• DISCUSSION ITEMS _
NO DISCUSSION ITEMS ARE SCHEDULED.
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
14. First Reading of Ordinance No. 115, 2015, Authorizing the Transfer of Previously
Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital
Projects, Including All Sub -Projects and Encumbrances, into the Stormwater Basin
Improvement Capital Project. (Adopted on First Reading)
The purpose of this item is to correct a process issue with the language of previously adopted
Ordinance No. 074, 2015, which transferred only the unallocated main Capital Project funds of the
Stormwater Enterprise. The language of that Ordinance inadvertently did not include the -associated
existing sub -project Business Units and encumbrances. For proper accounting purposes and
accuracy with the City's financial system, JDEdwards, it is necessary to include the transfer of all
existing Business Unit funds and encumbrances within each Capital Project. This Ordinance
corrects that oversight.
I
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September 15, 2015
Eric Sutherland stated the funds referenced as being appropriated have not in fact' been
appropriated. I
Councilmember Martinez asked if there is any merit to the issues raised by Mr. Sutherland. Jon
Haukass, Utilities Services, replied appropriations into a capital project are non -lapsing, which is
what is being discussed with this item. City Attorney. Daggett replied there are no legal defects
in the Ordinance as it is written.
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 115, 2015, on First Reading.
RESULT:
ORDINANCE NO. 115, 2015 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ray Martinez, District 2
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
15. Items Relating to Marijuana Code Amendments. (Adopted on First Reading)
A. First Reading of Ordinance No. 116, 2015, Amending Section 15-608 of the Code of the City of
Fort Collins to Limit to One the Number of Marijuana Store Fronts on the Same Contiguous
Property-
B. First Reading of Ordinance No. 117, 2015, Amending Sections 15-613 and 15-614 of the Code of
the City of Fort Collins to Clarify the Standard for Persons Prohibited as Licensees and to Require
a Six Month Waiting Period for Reapplication of a License for Any Applicant Denied a License by
the Marijuana Licensing Authority on the Basis of False, Misleading, or Fraudulent Statements or
Intentional Omissions of Pertinent Information.
C. First Reading of Ordinance No. 118, 2015, Amending Article IX of Chapter 12 of the Code of the
City of Fort Collins to Prohibit Marijuana Plants to be Cultivated or Kept Within Mixed -Use
Buildings and Fraternity and Sorority Houses.
D. First Reading of Ordinance No. 119, 2015, Amending Section 17-194 of the Code of the City of
Fort Collins to Prohibit the Use of Alcohol or Ethanol in the Extraction of THC or Other
Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Products
Manufacturing Facilities.
The purpose of this item is to clean up various provisions of the City Code related to marijuana. The
City of Fort Collins and local marijuana businesses are just over a year into the licensing and _
operational processes, and over the course of this time, the State has enacted new legislation and
staff has identified gaps in the existing City Code provisions. Staff anticipates periodic amendments
as this industry matures.
Eric Sutherland alleged certain City ordinances related to marijuana are in violation of the State
Constitution and expressed concern regarding a lack of education and treatment options.
Councilmember Martinez asked if there are any constitutional issues with the, Ordinances. City
Attorney Daggett replied interpretation of the constitutional provision is not a simplistic process
and includes room to interpret and apply the stated requirements. There are sound, constitutional
defenses when examining the Ordinances in place and those proposed.
Councilmember Cunniff requested analysis of the number of marijuana store fronts and whether
there are similar limits on liquor store fronts.
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September 15, 2015
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 116, 2015„ori First Reading.
RESULT:
ORDINANCE NO. 116, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District12
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 117, 2015, on First Reading.
RESULT:
ORDINANCE NO. 117, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ray Martinez, Districts
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 118, 2015, on First Reading..
RESULT:
ORDINANCE NO. 118, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
Councilmember Martinez made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 119, 2015, on First Reading.
RESULT:
ORDINANCE NO. 119, 2015, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ray Martinez, District 2
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff
ABSENT:
Campana, Horak
16.
Plan
The purpose of this item is for City Council to consider adopting a, resolution, submitting ° two
modifications of the Midtown Urban Renewal Plan (the_"Midtown',P,lan') to the Planning and Zoning
Board (the 'P&Z Board') to review at a future meeting to determine whether these modifications are
in conformity with City Plan. It also submits the modifications to the Poudre School District to review
in an advisory capacity. This Resolution follows the action taken by the Urban Renewal Authority
Board (the "URA Board') at its September 8, 2015 meeting. One modification would remove the
territory in the Midtown Plan area that is currently not in either of the Midtown Plan's two approved
tax increment financing district, Prospect South and Foothills Mall (other than the area preserved in
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City of Fort Collins
September 15, 2015
a
the plan to connect the two tax increment financing districts). The other modification would amend
wording in the Midtown Plan to clarify that the Plan identifies and describes only one urban renewal
project. Adoption of the Resolution will continue the process of modifying the Midtown Plan, which
will require future action by the Council.
Eric Sutherland expressed concern regarding the use of the word "arguably" in reference to
consultation of the School District. He stated the origins and legislative intent of the URA
statutes have been ignored..
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2015-084.
• OTHER BUSINESS
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that the City
Council call a Special Meeting of the Council pursuant to Section 2-29(a) of the City Code for
6:00 PM on Tuesday, September 29, 2015, to be held at City Hall, 300 Laporte Avenue, for the
purpose of a possible Executive Session to discuss personnel matters related to collective
bargaining and related legal matters.
RESULT
AO
r D PTED�[UNNIMOU�S]
MOVER
�
BobEverbeck' Distnct 1
SECONDER ;
,
Ross Gunnrff�Dis'trict
oeCuMrtinezStep
AYES
sOverbeck , nniff
,
kr
CaABSENT Hknaora
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• ADJOURNMENT.
The meeting adjourned at 6:52 PM.
ATTEST: 11C:' 1 49'M
City Clerk .coi oR�c
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