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HomeMy WebLinkAboutMINUTES-07/07/2015-RegularJuly 7, 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, Nelson • AGENDA REVIEW: CITY MANAGER City Manager Atteberry noted the Mayor will be opening public hearings for two items on the Consent Calendar: Item No. 7, Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC, and Item No. 18, Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the U.S. Department of Housing and Urban Development. Additionally, City Manager Atteberry noted Council received a copy of the affidavit of publication for the notice of public hearing on the proposed Cable Television Franchise Agreement which was published in the Coloradoan on June 14, 21 and 28. City Manager Atteberry stated Item No. 15, First Reading of Ordinance No. 071, 2015, Authorizing the Execution of an Intergovernmental Agreement Pertaining to Slormwater Utility Service Fees Due by Colorado State Universityfor Services Provided by the City of Fort Collins, has been 18 months in process and the IGA will require CSU to meet the requirements of the City regarding stormwater management and service fees adjusted to the unique circumstances of CSU. He commended the collaboration between the City and CSU regarding this item. • CITIZEN PARTICIPATION Karen Wagner, League of Women Voters, supported moving April elections to November of odd -numbered years, citing research indicating this would increase voter turn -out. Michael Devereaux, Commission on Disability, discussed the importance of increasing the budget for updating Transfort bus stops to meet ADA standards. Terry Schlicting, Commission on Disability, requested budget increases for updating Transfort -bus stops to meet ADA standards and for Sunday service. Kevin Paas stated the tanks at the Taft Hill Road asphalt plant would not be allowed under new floodplain regulations. Sally Broste, League of Women Voters, supported moving April elections to November of odd - numbered years. Sara Pitts, League of Women Voters, supported moving April elections to November of odd - numbered years, citing increased voter turn -out. City of Fort Collins Poge 151 July 7, 2015 Bjorn Swenson expressed support for Item No. 12, First Reading of Ordinance No. 077, 2015, Adopting New Bus Stop Design Standards and Guidelines. Rosemary Bergstrom, League of Women Voters, supported moving April elections to November of odd -numbered years. Myles Crane and Joseph Leske, Human Relations Commission, announced an event regarding taking the stigma out of mental illness and thanked partners who have helped the Human Relations Commission in its efforts. Jane Abram, League of Women Voters, supported moving April elections to November of odd - numbered years. Marilee Boylan, ARC of Latimer County, supported updating Transfort bus stops at an increased rate to meet ADA standards. Michael Ball supported updating Transfort bus stops to meet ADA standards. Karen Hare expressed concern regarding the location and operations of the Taft Hill Road asphalt plant. Chrissy Krumm, People First, supported updating Transfort bus stops to meet ADA standards. Valerie Vogler expressed concern regarding the location of the asphalt plant. Julian Wang, People First, supported updating Transfort bus stops to meet ADA standards. Lynn Young, League of Women Voters, supported moving April elections to November of odd - numbered years, citing increased voter turn -out and decreased voter fatigue. Kurt Lyons, Affordable Housing Board, supported decreasing requirements for and allowing accessory dwelling units in more zone districts in order to aid in affordable housing in the community. Troy Jones, Affordable Housing Board, supported more flexibility with accessory dwelling units. Stacey Poncelow requested City staff be directed to listen to neighbors and residents regarding development projects, specifically citing The Grove project. Cheryl Distaso, Fort Collins Community Action Network, supported updating Transfort bus stops to meet ADA standards, the statements from the Citizens Against Asphalt Toxins, and commended the staff team working on cold -weather emergency shelters. Additionally, Ms._ Distaso discussed Fort Collins Homeless Coalition's support for Deputy City Manager Mihelich's recommendations, relating to homeless individuals. Tatiana Martin thanked Councilmember Martinez for attending the Affordable Housing Board's meeting and showing interest in the topic. Lynn Thompson, Fort Collins Homeless Coalition, commended recent staff work to end the criminalization of homelessness in the community and stated enforcement should be consistent with protecting the safety and well-being of homeless individuals. City of Fort Collins Page 152 July 7, 2015 Alexis Hmielak, FC Public Media, thanked Council for its work on the negotiations for the Comcast agreement and thanked Council for its support in the budgeting process. Nancy Jackson, Disabled Resource Services Director, stated all of the City's bus stops should be modified to meet ADA standards as soon as possible, suggesting the stops should all be funded during this Council's tenure. Hailey Bates supported comments made by the Citizens Against Asphalt Toxins group. Jerry Welch, Disabled Resource Services, supported updating Transfort bus stops to meet ADA standards as soon as possible. Richard Perry supported comments made by the Citizens Against Asphalt Toxins group in opposition to the Martin Marietta asphalt plant. Brad Rhoda supported comments made by the Citizens Against Asphalt Toxins group in opposition to the Martin Marietta asphalt plant. Bruce Lockhart opposed extending curbside recycling to the Harmony Mobile Home Park. • CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez requested an update regarding the updating of Transfort bus stops. Kurt Ravenschlag, Transfort Director, discussed the varying deficiencies in stops around the city and stated, through the recent budgeting process, Transfort will now receive $100,000 annually to upgrade stops, which will allow the improvement of 10 bus stops per year. Additionally, the advertising contractor is anticipated to improve 5 stops per year and stops are improved as development occurs, for an anticipated total of about 20 stops per year. He stated the City will continue to seek grants for additional improvements. Councilmember Martinez asked how many stops were upgraded last year. Emma Belmont, Transit Planner, stated 9 stops were updated through grants and the 12 MAX stops were created. Mayor Pro Tern Horak asked about Transfort's overall budget. Ravenschlag replied it is approximately $14 million this year, primarily for operating expenses. Mayor Pro Tern Horak noted choices have to be made and stated many stops without sidewalks are outside City limits and funding could be sought through the County. Councilmember Martinez asked how the stops are prioritized for updating. Belmont replied the priorities are based on inaccessibility, existing ridership, proximity to youth, senior, disabled and low-income populations, and locations with high exposure to the elements. Councilmember Martinez asked when routes will become fixed. Ravenschlag replied modified or new routes go through a two-year service development period with temporary stops, during which time investment is limited until it is proven to be a popular route. City of Fort Collins Page 153 July 7, 2015 Councilmember Campana suggested staff provide more detailed information regarding the funding for stop improvements. Ravenschlag noted the 20 stops per year figure is purely an estimate based on the average cost of improving a stop. Mayor Pro Tem Horak stated no advertising should be allowed at non -compliant stops. Councilmember Stephens thanked those who spoke regarding the ADA accessibility issue and asked if individuals from these various agencies are being consulted in terms of prioritizing stops for improvements. Ravenschlag replied in the affirmative. Councilmember Overbeck supported updating bus stops to ADA standards and requested an update on the staff meeting with the Citizens Against Asphalt Toxins group. Deputy City Manager Mihelich noted the Asphalt Plant is not within City limits, nor is the City the permitting agent for the facility. However; he stated the City has developed a memorandum of understanding with Martin Marietta, which it is meeting in all areas except one. With regard to the possibility of the City no longer purchasing asphalt from the plant, Mihelich stated that is the only plant from which asphalt can be purchased to meet the needs of all the City's projects. He stated the life of the plant could be extended should the City opt to not purchase its asphalt from the plant. Mihelich discussed the improvements made to the plant and truck routes and stated the MOU requested the installation of carbon filters in its tanks, which remains in process and will further protect air quality. Mayor Troxell commended the Transfort bus stop standards and guidelines and suggested a work session regarding the updating to ADA standards. Mayor Troxell also thanked the League of Women Voters for their comments and suggestions and thanked Deputy City Manager for his work regarding the asphalt plant. Councilmember Cunniff thanked the League of Women Voters and supported ideas to increase voter turn -out. He requested a report regarding what type of monitoring of compliance with development agreements has occurred at The Grove. Mayor Pro Tem Horak requested information regarding systematic inspections of those types of properties. Councilmember Stephens supported the possibility of moving elections to increase voter turn- out. Mayor Pro Tem Horak suggested moving with caution in terms of changing elections. • CONSENT CALENDAR Councilmember Cunniff withdrew Item Nos. 14 and 16, First Reading of Ordinance No. 083, 2015, Adopting a Policy Related to Council Action Initiating Ordinances and Resolutions and Making Related Clarifying Amendments to Section 2.32(d) of the Code of the City of Fort Collins and Resolution 2015-061 Finding Substantial Compliance and Initiating Annexation Proceedings for the Keclter Farm Second Annexation, from the Consent Calendar. Mayor Troxell stated several items on the Consent Agenda are considered public hearings, per federal and City Charter requirements and to demonstrate the City's continued commitment to public participation, and announced those items: Item Nos. 7 and 18: Items Relating to the City of Fort Collins Page 154 July 7, 2015 Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC, and Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the U.S. Department of Housing and Urban Development. Mayor Troxell opened the public hearing on those items. Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 2. Consideration and Approval of the Minutes of the June 2, 2015 Regular Council Meeting and the June 15, 2015 Special Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the June 2, 2015 Regular Council meeting and the June 15, 2015 Special Council meeting. This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates two gifts the City has received from the Estate of Paul N. Gwyn. As required in Mr. Gwyn's will, the first gift is to be used for the exclusive benefit of the Fort Collins Senior Center in the amount of $398,233. The second gift is to be used for the exclusive benefit of the Poudre River Library District (Library), also in the amount of $398,233. The Ordinance has been amended to add language to more clearly acknowledge and agree that Mr. Gwyn's gifts, as expressly stated in his will, are required to be used for the exclusive benefit of the Senior Center and the Library. 3. Second Reading of Ordinance No. 063, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. (Adopted) 4. This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates unbudgeted funds received through a grant for the Safe Routes to School program (part of the City's FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $55,038 grant for implementation of a new school -rotation schedule in Fort Collins schools. This school -rotation plan ensures that students in all public schools in Fort Collins receive bike -pedestrian safety education on a regular basis. Art in Public Places Program. (Adopted) This Ordinance, unanimously adopted on First Reading on June 2, 2015, appropriates additional funding into the Capital Project Fund for the Vine Drive and Shields Street Intersection Improvement Project. The City received a federally funded grant through the North Front Range Metropolitan Planning Organization (NFRMPO) for operational and safety improvements at the Vine Drive and Shields Street intersection,. previously appropriated through Ordinance No. 076, 2012. Building on Basics (BOB) Intersection Funds and the Regional Road Impact Fee funds were used as matching funds for the grant. A construction cost estimate was developed in 2012. Due to escalating City of Fort Collins Page 155 July 7, 2015 5. construction costs, the current estimate has increased by approximately 15%. City and County staff have identified the Regional Road Impact Fee as a supplemental funding source for the project. This Ordinance, unanimously adopted on First Reading on June 2, 2015, adopts a variety of revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in nature and that have been identified since the last update in December 2014. 6. Second Reading of Ordinance No. 066, 2015, Authorizing the Conveyance of a Permanent Access Easement on City Property to the City of Greeley. (Adopted) This Ordinance, unanimously adopted on First Reading on June 2, 2015, authorizes the conveyance of a permanent access easement to the City of Greeley along a dirt road on City Property known as the City Ditch. The City conveyed easements in 2014 to the City of Greeley ("Greeley') to facilitate its Greeley Bellvue Pipeline Project (the 'Project') across a strip of property owned by the City's Utility Department located south of the Poudre River and north of Bingham Hill Road, known as the City Ditch property. At that time, Greeley was also in negotiations with the neighboring property owner for easements across their property, including an access easement in order for Greeley to access the Project site. Greeley has reached an agreement for possession of the easements needed from the neighboring property owner; however, as part of that agreement, Greeley agreed to reroute its planned access route to instead use the dirt road on the City Ditch property. As such, Greeley has requested a permanent access easement for use of the dirt road on the City Ditch property to access its pipeline site. Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC. (Adopted) A. Public Hearing and Second Reading of Ordinance No. 067, 2015, Granting a Non -Exclusive Franchise to Comcast of California/Colorado, LLC and its Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct, Operate and Maintain Through, the Public Rights -Of -Way, Easements and Other Public Property, Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. B. Second Reading of Ordinance No. 068, 2015, Establishing New City of Fort Collins Customer Service Standards for Cable Television. Ordinance No. 067, 2015, renews the Cable Franchise Agreement from the City of Fort Collins to Comcast of California/Colorado LLC. Ordinance No. 068, 2015, establishes new Customer Service Standards - Cable Television. The current agreement will expire on July 31, 2015. Following extensive community outreach, staff and Council identified a number of priorities for the negotiation process. With the assistance of outside legal counsel, staff has negotiated a proposed 10-year agreement with Comcast that addresses the majority of these priorities. Both Ordinances were unanimously adopted on First Reading on June 2, 2015. 8. Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. (Adopted) A. First Reading of Ordinance No. 072, 2015, Appropriating Unanticipated Revenue in the. Community Development Block Grant Fund. B. First Reading of Ordinance No. 073, 2015, Appropriating Unanticipated Revenue In the HOME Investments Partnerships Fund. City of Fort Collins Page 156 July 7, 2015 The purpose of this item is to appropriate the 2015 CDBG and HOME grant funds and CDBG and HOME program income. 9. First Reading of Ordinance No. 074, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stormwater Basin Capital Projects into the Stormwater Basin Improvement Capital Project. (Adopted) The purpose of this item is to transfer and consolidate previously appropriated funds from the nine individual stormwater basin capital projects and the Drainage System Replacement Project into the citywide Stormwater Basin Improvement Capital Project. All appropriations will continue to be used for stormwater basin management improvement projects, while improving transparency and flexibility to fund and construct the highest priority stormwater improvements that are required citywide. 10. First Reading of Ordinance No. 075, 2015, Appropriating Prior Year Reserves in the Water Fund for 2015 Water Distribution Infrastructure Replacement Projects. (Adopted) The purpose of this item is to appropriate $745,000 in prior year reserves to be used for water distribution system infrastructure replacement projects in 2015. The current funding shortfall is due to unanticipated projects and escalating construction costs. There are sufficient water plant investment fee revenues in reserve available and appropriately utilized for this purpose, particularly in light of unanticipated fee revenues received in 2015. 11. Items Relating to Parking Enforcement at the Harmony Transfer Center. (Adopted) A. Resolution 2015-060 Authorizing the Execution of an Intergovernmental Agreement Between the City and the Colorado Department of Transportation to Provide Parking Enforcement at the Harmony Transfer Center Park and Ride. B. First Reading of Ordinance No. 076, 2015, Appropriating Unanticipated Revenue into Parking Fund for Parking Enforcement Services at the Harmony Transfer Center. The purpose of this item is for the City of Fort Collins to enter into a funding agreement with Colorado Department of Transportation (CDOT) to provide daily parking enforcement at the Harmony Transfer Center (Park and Ride). All costs for this parking enforcement are borne by CDOT. This agreement allows the City to provide parking enforcement for CDOT's new interregional bus service, "Bustang", once a notice to proceed is received from CDOT. No physical expansion of the Harmony Transfer Center Park and Ride is planned at this time. 12. First Reading of Ordinance No. 077, 2015, Adopting New Bus Stop Design Standards and Guidelines. (Adopted) 13. The purpose of this item is to update Transfort's Bus Stop Design Standards and Guidelines. The update integrates Americans with Disability Act (ADA) requirements and provides guidance for the distribution of passenger amenities at bus stops. The purpose of this item is to bring an ordinance forward to implement a residential time -of -use (TOU) pilot rate study. Staff presented information detailing the proposed TOU pilot study at the City Council work session on January 27, 2015, where an ad hoc committee was formed allowing Councilmen Campana and Cunniff to meet separately with City staff to discuss alternatives for TOU electric rates. Resolution 2015-022, creating the ad hoc committee, was signed by Mayor Weitkunat on February 3. The ad hoc meeting between Councilmen Campana and Cunniff and members of staff was held on February 24. Following this meeting, a memo was provided to Council summarizing the meeting discussions and outlined recommendations. The proposal for discussion outlines four City of Fort Collins Page 157 July 7, 2015 14. 15. objectives of the TOU pilot study and includes implementing two parallel TOU rate structures for pre - selected residential customers for a 12-month period. Customers will have the option to opt -out. Staff is recommending a "best -bill" guarantee to encourage participation throughout the life of the study. A sampling of net metering solar photovoltaic (PV) customers will be included within each pilot rate group. for Services Provided by the City of Fort Collins. The purpose of this item is to approve an intergovernmental agreement to establish a Stormwater Utility Service Agreement between the City of Fort Collins Utilities and Colorado State University (CSU). Under this IGA, CSU will agree to follow the standards, requirements, and conditions related to stormwater management set forth in Chapter 26 of the City Code. The IGA establishes a baseline of impervious area above which an additional Plant Investment Fee would be required for an increase of impervious surface. Finally, CSU will be required to pay monthly Stormwater Utility Fees adjusted by a rate formula that reflects the benefits to the City system by the additional detention provided on the CSU campus and the costs associated with the operation of CSU's own Municipal Separate Storm Sewer System (MS4). The purpose of this item is to assign the City's 2015 Private Activity Bond Allocation (PAB) in the amount of $7,610,250 to the Fort Collins Housing Authority (FCHA) for the purpose of affordable housing development and rehabilitation. Specifically, the bond proceeds will be used to finance the rehabilitation of 284 affordable housing units located at the Villages on Cunningham Corner and the development of 72 new units located at the Village on Redwood. There have been no other requests to use the 2015 PAB allocation. 16. Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the U.S. Department of Housing and Urban Development. (Adopted) The purpose of this item is to hold a required public hearing and adopt the 2015-2019 Five -Year Consolidated Plan. The Plan is required by the US.Department of Housing and Urban Development (HUD), since the City is an annual recipient of federal entitlement funds for affordable housing, human services, and community development activities. The document outlines a high level community snapshot of affordable housing and human services, assesses needs and gaps, and sets courses of action and priorities for achieving goals in these areas. The Plan is designed to complement and enhance current City documents, policies and priorities in these arenas. The six major goals outlined in the document are: • Increase the supply of affordable rental housing (includes housing for special sub -populations such as seniors and persons with disabilities) • Increase housing opportunities for persons experiencing homelessness • Provide programs for homelessness prevention • Preserve existing affordable housing inventory • Provide assistance for programs that support affordable homeownership • Supportive [human] services to improve living conditions City of Fort Collins Page 158 July 7, 2015 17. Resolution 2015-064 Approving an Exception to the Use of a Competitive Purchasing Process for Design and Construction of a Hybrid DC Power Microgrid Electrical System for the New Utilities Administration Building with Positive Energies LLC. (Adopted) The purpose of the item is to request an exception to the competitive purchasing process for the contracting of design and construction services for a hybrid DC power electrical system with Positive Energies, LLC (Pos-En), as the alternative is contrary to the City's best interests. The City has awarded the contract for design and construction of the new 37,500 SF Utilities Administration Building (UAB) at 222 LaPorte Avenue to Adolfson and Peterson in accordance with the City competitive purchasing process. The project is pursuing a transformational and innovative electrical systems approach using a Hybrid DC Power Microgrid. The alternative electrical design has been selected for implementation. Pos-En has provided a not -to -exceed price for a complete building electrical system that is lower in cost than the traditional AC (alternating current) power approach. Operation Services, Utilities and Purchasing staff have determined that using the City's competitive purchasing process would substantially increase the project schedule and technical risks for this innovative power system. 18. Resolution 2015-065 Making Appointments to the Economic Advisory Commission, Golf Board and Transportation Board. (Adopted) The purpose of this item is to appoint Kristin Owens to the Economic Advisory Commission, John Lyttle to the Golf Board and Tim Sutton to the Transportation Board to fulfill vacancies created through resignations. • END CONSENT Mayor Troxell closed the public hearing on Item Nos. 7 and 18: Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC, and Public Hearing and Resolution 2015-063 Adopting the 2015-2019 Five -Year Consolidated Plan Required by the U.S. Department of Housing and Urban Development. • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff requested a memo regarding assurance the purpose is compatible regarding Item No. 9, First Reading of Ordinance No. 074, 2015, Authorizing the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual Stornnwater Basin Capitol Projects into the Stormwater Basin Improvement Capital Project. Additionally, he requested a memo regarding the management of change requests with regard to Item No. 19, Resolution 2015-064 Approving an Exception to the Use of a Competitive Purchasing Process for Design and Construction of a Hybrid DC Power Microgrid Electrical System for the New Utilities Administration Building with Positive Energies LLC. Councilmember Martinez supported Item No. 17, Resolution 2015-062 Authorizing the Assignment of the City s Private Activity Bond Allocation for 2015 to the Fort Collins Housing Authority to Finance the Development and Rehabilitation of Affordable Housing Units at The Village on Cunningham Corner and The Village on Redwood, as being a positive step for affordable housing. • STAFF REPORTS Deputy City Manager Mihelich stated a preliminary draft agreement with Homeward 2020 to take a leadership role regarding homelessness within the community has been developed. City of Fort Collins Page 159 July 7, 2015 Vanessa Finley, Homeward 2020, stated Homeward 2020 can be seen as a hub for community conversations around strategies which can make homelessness rare, short-lived and non- recurring. Additionally, she discussed the formation of a homeless management information system and announced quarterly community gatherings on the topic. Jackie Kozak Thiel, Chief Sustainability Officer, discussed the plan moving forward in terms of work session and Council meeting dates and topics. 0 COUNCILMEMBER REPORTS Councilmember Martinez provided a video shown at the Downtown Development Authority meeting regarding the Woodward Governor project. Additionally, he reported on his attendance at the Affordable Housing Board and Commission on Disability meetings. Councilmember Cunniff reported on the Fort Collins Housing Authority Board meeting. Mayor Troxell reported on his attendance at the Smithsonian exhibit featuring Fort Collins as a Place of Innovation for 2010 and forward. Additionally, he reported on the recognition of Lee Martinez on the anniversary of Lee Martinez Park. Mayor Pro Tem Horak reported on the re -opening of the Poudre trail throughout the city. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS iRl (Postponed to July 21, 2015) The purpose of this item is to adopt a policy relating to Council action initiating ordinances and resolutions and make related clarifying amendments to Section 2.32(d) of the City Code. Councilmember Cunniff stated his memory of the retreat involved retaining the rule of three to allow three Councilmembers to request legislation to come before Council only at regular business meetings and expressed concern this item does not match that situation. Eric Sutherland supported the intent of this item but expressed concern regarding the requirement of four Council votes to request legislation to come before Council. City Attorney Daggett stated she may have misunderstood Council's retreat discussion as her interpretation was that Council desired a majority vote in order to request legislation be brought forth. She stated the language would need to be amended if that is not the case. Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone consideration of this item to the July 21, 2015 regular meeting in order to draft language reflecting the rule of three. Councilmember Campana stated he remembered the conversation as City Attorney Daggett; however, he did not have a problem with the language changes. City of Fort Collins Page 160 July 7, 2015 RESULT: POSTPONED TO JULY 21, 2015 [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES:. Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 20. Resolution 2015-061 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Farm Second Annexation. (Adopted) The purpose of this item is to annex the second phase of Kechter Farm. The applicants, Toll CO 1 LLC, the property owners, have submitted a written petition requesting annexation of 78.58 acres located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed - Use Neighborhood (37.48 acres) and U-E, Urban Estate (41.1 acres). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this subarea are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. Kechter Farm First Annexation, 88.21 acres, was annexed in May 2014. The Second Annexation consists of 78.58 acres. Councilmember Cunniff questioned if the location of the annexation was within the buffer zone of the Fossil Creek Reservoir. Ted Shepard, Chief Planner, stated this Resolution is initiating the annexation. The annexation has been approved by Larimer County and meets all requirements of the annexation IGA with the County. The development is in full compliance with the Land Use Code and the ]GA concerning Fossil Creek Reservoir Area. Councilmember Cunniff made a motion, seconded by Councilmember. Martinez, to adopt Resolution 2015-061. RESULT: RESOLUTION 2015-061 ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • DISCUSSION ITEMS 21. Resolution 2015-066 Adopting Council Retreat Priorities for 2015-2017. (Adopted as Amended) The purpose of this item is to adopt the City Council Priorities as identified during the May 2015 retreat. City Manager Atteberry stated one of the primary roles of Council is to establish goals and priorities for staff to operationalize in a timely manner and this Resolution would adopt the priorities that have been identified at a recent Council retreat. Councilmember Overbeck requested and received assurance air quality enforcement would include black smoke from trucks and rolling coal. Mayor Troxell asked about the item involving Hughes Stadium. City Manager Atteberry replied a Stadium Advisory Group will begin in August and stated the priorities could be adjusted to include information regarding the new stadium as well as Hughes. City of Fort Collins Page 161 July 7, 2015 Councilmember Martinez asked why the gentrification study is considered a high priority when the study is almost complete. Deputy City Manager Mihelich replied various studies and surveys are being conducted in order to establish a baseline regarding gentrification in the BAVA neighborhoods; however, a full study beyond that is premature at this point. Councilmember Martinez made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-066, with the exclusion of paragraph C under `gentrification study'. Councilmember Campana noted this item is already in progress and other such items were not included on the priority list. Councilmember Cunniff requested a friendly amendment to section 4D to include the following "and remediation of CSU stadium neighborhood impacts." Councilmembers Martinez and Campana accepted the friendly amendment. Mayor Pro Tern Horak noted the Hughes Stadium site is currently outside the Growth Management Area. Councilmember Cunniff commended the process regarding this Resolution. Mayor Troxell thanked staff for efforts at the retreat and commended the facilitation of the retreat. RESULT: RESOLUTION 2015-066 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Ray Martinez, District 2 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunnitt, Horak 22. Public Places Program. (Adopted on Second Reading) This Ordinance, adopted on First Reading on June 2, 2015, by a vote of 6-1 (Nays: Cunniff) appropriates the remaining funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost. to improve the section from 1s' Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently approved, the project is estimated to cost $6.5 million. This Ordinance appropriates $1,968,119 from General Fund Reserves. Devin Herning questioned the urgency surrounding the Lincoln corridor improvements, citing relatively low traffic volume. He stated other roadways, such as Harmony and Kechter, have lower ratings and higher traffic volume. Eric Sutherland suggested this project should be funded by the businesses it benefits and claimed the BOB 2.0 ballot language was misleading. City of Fort Collins Page 162 July 7, 2015 Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 070, 2015, on Second Reading. Mayor Pro Tern Horak stated this corridor has no sidewalks or bike lanes and hosts many commercial trucks. Councilmember Cunniff expressed concern regarding the possibility there are other priorities on which the reserves could be spent and stated he would have preferred part of the funding to come from the General Fund and from special districts. Councilmember Martinez stated this is not hurried, but timely, and noted this funding has been approved by voters. Councilmember Cunniff argued voters only requested a bridge. City Manager Atteberry replied voters have approved the $5 million bridge portion of the entire project. Councilmember Stephens cited the public supports the project. RESULT: ORDINANCE NO. 070, 2015, ADOPTED ON SECOND READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak NAYS: Cunniff 23. Items Relating to the Addition of Permitted Use Amended Process. (Options 1 and 2 Adopted on First Reading) A. First Reading of Ordinance No. 079, 2015, Imposing a Moratorium Upon the Application or Effectiveness of Section 1.3.4(D) of the Land Use Code Pertaining to the Addition of Permitted Uses by the Planning and Zoning Board. (OPTION 1) or B. First Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in Nine Zone Districts. (OPTION 2 - Residential Zones Only) or C. First Reading of Ordinance No. 081, 2015, Amending Section 1.3.4 of the Land Use Code Pertaining to the Addition of Permitted Uses in All Zone Districts. (OPTION 3 — All Zones) 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 nine residential zone districts or in all zone districts or, alternatively, enact a moratorium on such applications for a period no longer than five years. Cameron Gloss, Planning Manager, stated Council requested staff return with possible options related to a moratorium associated with the addition of permitted use (APU) provisions of the Land Use Code. He stated the first option is a five year moratorium on APU applications citywide, the timing of which roughly coincides with the completion of an update to City Plan. The second option requires that nine of the predominantly residential zone districts be taken out City of Fort Collins Page 163 July 7, 2015 of consideration for an APU, and the final option would require Council review of APU applications citywide. Gloss stated staff is not recommending any of the options be pursued by Council; however, if Council finds a Land Use Code change is warranted, staff recommends Council review APU applications within residential zone districts, with the exception of the MMN zone district, which does not typically include single-family housing and surrounds high -intensity activity centers. Gloss stated the Planning and Zoning Board recommended unanimously to retain the APU ordinance as it exists. I Kevin Jones, Fort Collins Area Chamber of Commerce, opposed any changes to Section 1.3.4 of the Land Use Code, stating the APU is an important tool that allows for creativity and flexibility in community design. He stated the APU process is already rigorous and includes an option for appeal by citizens and Council. Eric Smith commended the City's efforts to involve citizens and stated the current APU process places too much burden on affected parties and takes away consistency and predictability. Linda Ripley opposed changes to the APU process, citing its advantages in neighborhood protection over zoning changes. Bill Whitley supported eliminating the APU process as it is a danger to neighborhoods and the cohesiveness of the city's character. Cynthia Reffler supported the APU process as aiding in the creation of affordable housing. Heather Griffith, Young People's Learning Center, opposed changes to the APU process stating the existing process is quite rigorous. Nick Haas discussed changes that have been made to the APU process and stated it has worked successfully. Trinity Oberndorf opposed a moratorium on the APU process, citing the need for variation and flexibility. Paul Patterson stated there is the potential for misuse of the APU process and supported a potentially shorter moratorium as a compromise. Paul Sorenson opposed changes to the APU process. Jennifer Petrick opposed changes to the APU process. City Attorney Daggett recommended Council take some type of action on each of the Ordinances. Councilmember Campana made a motion, seconded by Councilmember Martinez, to postpone indefinitely Ordinance No. 079, 2015, on First Reading. Mayor Pro Tern Horak stated he would support a 90 day moratorium, or the enactment of Ordinance No..080, 2015. City of Fort Collins Page 164 July 7, 2015 Councilmembers Campana and Martinez withdrew their motion. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 080, 2015, on First Reading, excluding the MMN zone district, with the addition of a moratorium until this Ordinance would take effect. Councilmember Campana stated he would oppose changes to the APU process; however, he stated this could be a compromise. Councilmember Cunniff made a motion to amend, seconded by Mayor Pro Tern Horak, to hear Second Reading on September 1st, 2015. Councilmember Campana expressed concern regarding the resulting'length of the moratorium. Councilmember Cunniff stated the extra time would allow for community outreach and public input. Mayor Pro Tern Horak asked how many APU applications have been submitted or are pending. Gloss replied there are four applications known by staff which have recently been submitted or are going to be submitted, none of which have a specific date before the Planning and Zoning Board. Councilmember Cunniff and Mayor Pro Tem Horak withdrew the motion to amend. Councilmember Campana amended his motion, seconded by Councilmember Martinez to adopt Ordinance No. 080, 2015, on First Reading, excluding the MMN zone district. Councilmember Martinez commended the work of the Planning and Zoning Board on this item and noted'he would oppose changes to the APU process; however, he accepted the current motion as a compromise. Mayor Troxell stated he would oppose changes to the APU process; however, he would support the current motion, stating that support does not decrease his support for the Planning and Zoning Board. City Attorney Daggett showed the changes to the Ordinance per the motion's amendments. RESULT: ORDINANCE NO. 080, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to postpone indefinitely Ordinance No. 081, 2015. City of Fort Collins Page 165 July 7, 2015 RESULT: ORDINANCE NO. 081, 2015 POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 079, 2015, on First Reading, changing the five-year moratorium to 90 days, or until the effective date of Ordinance No. 080, and eliminating the MMN zone. Councilmember Cunniff stated this moratorium would be useful. City Attorney Daggett reviewed the Ordinance language changes. Councilmember Campana stated he would not support the moratorium motion as there is no emergency or crisis situation and therefore no reason to delay the issue further. Mayor Troxell stated he would not support the moratorium motion. RESULT: ORDINANCE NO. 079, 2015 ADOPTED AS AMENDED ON FIRST READING [5- 21 MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Cunniff, Horak NAYS: Campana, Troxell 24. First Reading of Ordinance No. 082, 2015, Amending the Land Use Code with Regard to City Development Projects. (Adopted on First Reading) The purpose of this item is to amend the Land Use Code to require any development review project in which the City is an applicant to be reviewed by the Planning and Zoning Board (P&Z) and eliminate formal appeals to the City Council while allowing a Council override of a P&Z decision. Cameron Gloss, Planning Manager, stated City -sponsored projects go through the same development review process as any other in the city, and are therefore subject to appeal to Council. Because Council sets the City's budget and due to procedural issues related to the perception of ex parte contacts, staff was directed to develop an alternate process rather than an appeal to Council. Gloss stated this would only apply to projects in which the City is the applicant and would not allow an appeal of the Planning .and Zoning Board decision. Council may initiate the special review within 14 days of the Planning and Zoning Board decision and can then take action to overturn or modify the decision of the Board. Eric Sutherland discussed ex parte communication. Councilmember Cunniff made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 082, 2015, on First Reading. Councilmember Cunniff stated this change seems to be the most appropriate way to move forward. City of Fort Collins Page 166 July 7, 2015 Mayor Pro Tern Horak supported the motion. Mayor Troxell supported the motion as a compromise of sorts regarding City project. RESULT: ORDINANCE NO. 082, 2015, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Cunniff asked if Council would accept an option to construct and operate a recycling facility as part of the mid -cycle budget options. Mayor Pro Tern Horak stated options should be considered. Councilmembers Cunniff and Stephens stated they would like the recycling facility to be considered as an option. • ADJOURNMENT Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 4:45 p.m., Tuesday, July 14, 2015, for a possible executive session and any other business as may come before the City Council. Yeas: Troxell, Campana, Cunniff, Stephens, Overbeck, Martihez and Horak. Nays: none. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The meeting adjourned at 9:40 PM. ayor ATTEST: SEAL City Clerk City of Fort Collins Page 167