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HomeMy WebLinkAboutMINUTES-03/15/2016-RegularMarch 15, 2016 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 (6:23 PM), Troxell, Cunniff, Horak Staff present: Mihelich, Daggett, Winkelmann • AGENDA REVIEW: CITY MANAGER Deputy City Manager Mihelich discussed agenda changes: • Postponement of Consent Agenda Item No. 5 regarding the authorization for eminent domain for the northeast College corridor project and Lemay Avenue/Suniga Road realignment to April 5 to correct legal descriptions; • Acknowledgement of the public hearings for Consent Agenda Item Nos. 11 and 12 regarding the annexation and zoning of Maverik First Annexation; • Acknowledgement of a change to Consent Agenda Item No. 16 regarding the Boards and Commissions Manual presented in Council's read -before packet; • Withdrawal of Discussion Agenda Item No. 19 regarding the authorization for eminent domain for the Prospect Road/College Avenue intersection improvements project from the agenda; and . • Acknowledgement of the addition of Discussion Agenda Item No. 21 formalizing Fort Collins' support of the Federal Clean Power Plan. • CITIZEN PARTICIPATION Mike Pruznick discussed his suggested changes regarding the Downtown Plan which were accepted by staff. He also discussed a recent hire by the Police Department which was acknowledged by Chief Hutto to be a bad choice. He showed the coroner's report for Douglas Shields which says that Mr. Shields died of accidental exposure and stated Councilmember Martinez has publically stated Mr. Shields died of natural causes. John Anderson discussed homelessness and noted sleep is a public need and necessity. He opposed criminalizing sleep by ticketing homeless individuals. Martha Roden opposed criminalizing homelessness by ticketing homeless individuals for sleeping outdoors and encouraged expansion of the city's shelters. Deborah James discussed an article in the Coloradoan which discussed homeless individuals camping. She opposed criminalizing homelessness and discussed the need for shelter beds. Lisa Baughn stated she works several jobs yet cannot make ends meet and maybe homeless this summer. She opposed criminalizing homelessness. Eric Sutherland discussed the 2008 State of the City Address during which it was noted the County has typically been the provider of social services in the community. He encouraged City of Fort Collins Page 385 March 15, 2016 utilizing property tax funds forthat purpose. Additionally, Mr. Sutherland discussed the rule of law. Mike Deveraux offered support for the Fort Collins Homeless Coalition and stated the City should repeal the ban on sleeping in vehicles' Skylar stated shelters will not let him stay due to an open wound on his back. He stated he is on probation and cannot leave the city limits. Zach Heath offered support for the Fort Collins Homeless Coalition -and opposed the City's camping ban and ban on sleeping in vehicles. Jennifer Reisch discussed homelessness, the City's camping ban, and the importance of sleep for all citizens. Nicholas Mouton discussed individuals' right to rest and expressed support for the Fort Collins Homeless Coalition. He commented on the need for additional shelters and opposed the City's camping ban. Kevin Cross stated it needs to be made clear that the camping ban actually does criminalize homelessness given the ticketing and fining of individuals sleeping outdoors. Jessica Agula, Fort Collins Homeless Coalition, stated the Coalition has opposed the camping ban from the start and stated there is an immediate need in the community for solutions. Ann Cleary thanked the City for removing the eminent domain item which will affect her home from the agenda and encouraged the City to examine the issue thoroughly. Don Flick discussed the Martin Luther King Day event and encouraged putting ideals from that day into practice with regard to the homeless community. Zachariah Humbert .discussed the need for sleep and opposed the seizure of personal property from parks. Lynn Barker discussed the death of Doug Shields noting his autopsy showed he died of exposure. Kendra Gilmore Humbert discussed the Occupy Jefferson Park movement and stated the criminalization of homelessness is depriving individuals of basic rights, including sleep. Kelly Connor stated people have inherent worth and dignity and opposed the decision to pull the. camping ban changes from the agenda. Esther Agula stated the homeless community seems to be left out of discussions regarding the community. She stated the compassionate choice is to allow people to rest in peace. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, stated his church is open 6 days a week to provide shelter for homeless families. He stated ticketing for sleeping is immoral and,mean. An unidentified individual stated his religion is to sleep outside and stay away from arbitrary concepts; therefore, the camping bands unconstitutional based on his religious practices. City of Fort Collins Page 386 March 15, 2016 Cheryl Distaso, Fort Collins Housing Coalition, discussed an event with a CIA whistleblower who stated the most extreme form of torture is sleep deprivation. She opposed the City's existing camping ban and opposed pulling the item from the agenda. Thomas Edwards thanked Mayor Pro Tern Horak for providing him a memo and stated the Fort Collins Bicycle Coalition counts bikes four times per year in a thorough manner. Monte Barry expressed support for the Fort Collins Homeless Coalition. He discussed an air quality study from 2014 and asked where that information, is reported. • CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez asked about the criteria used for moving campers at Lee Martinez Park. Deputy City Manager Mihelich replied camping on public City -owned property is illegal and stated a single camper was at Lee Martinez Park for a number of weeks despite numerous contacts from rangers. He stated second, third and fourth camps were subsequently set up, increasing concerns for safety. Signs were posted indicating any personal items would be removed after three full days. When this did not occur, some tickets were issued to campers who were repeatedly warned to leave the site. Councilmember Stephens thanked the speakers and acknowledged there are no easy answers. She stated a communitywide solution needs to be sought and she would be willing to reexamine the camping ban. Councilmember Overbeck thanked Pastor Rainier for his church's contributions and asked if there is a possibility the City ,can support his efforts. He thanked Ms. Cleary for speaking regarding the eminent domain process. Councilmember Martinez asked if there are resources for wounded individuals such as Skylar. Deputy City Manager Mihelich replied he would look into the issue with Beth Sowder. Councilmember Martinez thanked Pastor Rainier and also noted homelessness is a communitywide issue. He asked about the latest numbers on bed counts. Deputy City Manager Mihelich replied 220 shelter beds are available in the winter month and, since January 1, there have only been 5 days when both shelters were at capacity. Also since January 1, 75 people were turned away, but there were 12,000 shelter bed nights available. He discussed the possibility of a new program in concert with the faith -based community to have a more distributed shelter service involving places of worship throughout the community. Councilmember Cunniff suggested the use of the term "bed nights" or something similar. He encouraged additional Council discussion and asked about the timeline for the outreach program. Deputy City Manager Mihelich replied the program is expected to begin in May and the outreach for a distributed shelter space model will also hopefully occur in May. Shelter space could significantly increase if that program moves forward. Additionally, the City is working with the Fort Collins Rescue Mission and Catholic Charities about keeping some of their winter beds beyond April 15. City of Fort Collins Page 387 March 15, 2016 Councilmember Cunniff asked if the camping ban will be enforced in the natural areas. Deputy City Manager Mihelich replied in the affirmative. Councilmember Cunniff noted significant habitat damage results from individuals camping in natural areas and suggested this conversation should occur with Council in the May timeframe. Councilmember Campana asked why the overflow beds are being eliminated in the spring and summer. Deputy City Manager Mihelich noted those are not City policies; however, the change is related to demand numbers and weather. Conversations regarding expanding that timeframe are starting to occur. Councilmember Campana suggested staff return to the shelters and determine whether or not this is a financial issue which could be addressed as a community while other solutions are being examined. Deputy City Manager Mihelich replied some of the issue is actual physical space, which is why the distributed model is being considered. A budgeting for outcomes offer may be written for funding such a model. Councilmember Campana thanked Deputy City Manager Mihelich and his" staff team for their work. Additionally, he discussed a meeting with homeowners at the Prospect and College area and stated staff is working to try to minimize the impact on surrounding homes. Mayor Pro Tem Horak thanked the speakers and noted Council tries to look at facts and analyze solutions. The County has a social services function and encouraged residents to speak to County Commissioners. Additionally, Mayor Pro Tem Horak replied to Mr. Barry's comments stating the study referenced is the Front Range Air Pollution and Photo -Chemistry Experiment and information can be found under NCAR. Mayor Pro Tem Horak agreed the eminent domain issue needs to be examined, particularly in reference to residential properties. Mayor Troxell thanked the speakers and noted the City is a partner in the community with regard to a larger issue. He commended Pastor Raimer, Homeward 2020, the Murphy Center, and others for their work in engaging to make homelessness rare, short-lived, and non -recurring. He reiterated camping is not allowed on City -owned natural area properties. • CONSENT CALENDAR Mayor Troxell opened the public hearing for Item Nos. 11, Items Relating to the Maverik First Annexation, and 12, Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort )Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. Eric Sutherland withdrew Item No. 7, Items Relating to the Financial Officer's Compromise and Settlement of Disputed Sales, Use and Lodging Tax Claims; from the Consent Agenda. Mayor Troxell closed the public hearing for Item Nos. 11, Items Relating to the Maverik First Annexation, and 12, Public Hearing and First Reading of Ordinance No. 037, 2016, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Maverik First Annexation to the City of Fort Collins. City of Fort. Collins Page 388 March 15, 2016 Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Consideration and Aaproval of the Minutes of the March 1, 2016 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the March 1, 2016 Regular Council meeting. 2. Second Reading of Ordinance No. 026, 2016, Establishinq Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. (Adopted) This Ordinance, unanimously adopted on First Reading on March 1, 2016, approves the rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. 3. Second Reading of Ordinance No. 027, 2016, 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, 2017. (Adopted) 9 This Ordinance, unanimously adopted on First Reading on March 1, 2016, extends the Planned Development Overlay District (PDOD) Pilot Process for 12 months, as the current pilot will expire on March 9, 2016. A request has been- received by a prospective applicant within the Planned Development Overlay District (PDOD) boundary to extend the pilot for an additional twelve months. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the release of the Agreement of Restrictive Covenants Affecting Real Property for the property located at 520 Cherry Street, Units A and B, currently owned by the Fort Collins Housing Corporation. 5. Postponement of Second Reading of Ordinance No. 029, 2016, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with the Northeast College Corridor Outfall Project and the Lemay Avenue and Suniga Drive Right -of -Way Alignment to April 5, 2016. (Adopted) Staff requests postponement of Second Reading of this Ordinance to April 5, 2016, to allow time for corrections to be made to the legal descriptions attached as Exhibits to the Ordinance. This Ordinance, unanimously adopted on First Reading on March 1, 2016, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct stormwater improvements associated with the Northeast College Corridor Outfall Project and the right-of-way alignment of Lemay Avenue and Suniga Drive. The City Utility and the City Engineering Department are collaborating on the design and implementation of two projects to provide public infrastructure in the area lying east of College Avenue and north of Vine Drive. The Northeast College Corridor Outfall Project (NECCO) will construct storm drainage improvements, including an underground pipe and detention pond, with the purpose of providing a regional stormwater outfall to serve the area east of College Avenue and north of Vine Drive. Additionally, the City is designing right-of-way improvements associated with the alignment of Lemay Avenue and Suniga Drive in accordance with the City's Master Street Plan. The overlapping alignment of the two projects. has created an City of Fort Collins Page 389 March 15, 2016 opportunity for the City to acquire the property interests necessary to construct the NECCO project in a timely manner, as well as, procure the right-of-way interests for the future construction of the Lemay Avenue and Suniga Drive intersection. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area from three property owners. The acquisitions will include fee simple parcels, permanent easements for drainage, utilities, and elevation changes ("slope easements"), and temporary construction easements. Timely acquisition of the property is necessary to meet the anticipated construction schedule for the NECCO. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project, only if such action is deemed necessary. 6. First Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements. (Adopted) The purpose of this item is to appropriate funds to partially fund the construction of the pedestrian underpass at Foothills Parkway and College Avenue as part of the Foothills Mall Redevelopment Project. The Ordinance will appropriate $150,000 of City funds from General Fund Reserves and will also appropriate another $300,000 from the General Fund Reserves representing monies the City anticipates to soon receive from the Colorado Department of Transportation ("CDOT"). The underpass project has exceeded the original cost estimated by $600,000. As a result, CDOT has agreed to fund $300,000 of this cost overrun under an intergovernmental agreement with the City (the "CDOT IGA"). Walton Foothills Holdings VI, LLC (the "Developer') has requested the City of Fort Collins cover $150,000 of the cost overruns with the Developer contributing the remaining $150,000. The City's contribution through this appropriation will support: 1. Increasing the life expectance of the bridge structure significantly from 10 to 15 years to a typical full life span of 50 to 60 years; 1 2. Disrupting the flow of traffic along College Avenue fewer times as the need to replace the structure under the south bound lanes is avoided in the next 10 to 15 years; 3. Avoiding future costs to the City related to repairing or upgrading the pedestrian facilities approaching and within the underpass beneath the south bound lanes in 10 to 15 years; and 4. Improving safety and aesthetics by constructing a new concrete box underpass tunnel with a constant width, grade, materials, and ceiling level. The Ordinance also authorizes the City Manager, after consultation with the City Attorney, to enter into the amendment to the Foothills Mall Redevelopment and Reimbursement Agreement and the CDOT IGA that will both be needed to facilitate this additional funding. 7. First Reading of Ordinance No. 033, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Update the Nuisance Gathering Provision. (Adopted) The purpose of this item is to update the 2005 nuisance gathering provision to aid law enforcement in effectively addressing problem properties where social gatherings or parties result in unlawful behaviors. 8. First Readinq of Ordinance No. 034, 2016, Amending Section 23-354 of the Code of the City of Fort Collins Regarding Income Targets for the Land Bank Program. (Adopted) The purpose of this item is to amend City Code to allow communities developed on parcels from the Land Bank Program to be targeted to rental households making 60% area median income, as long as the overall community targets still average no more than 50% area median income. While this does increase the allowable income limits for some units to add flexibility, it requires the resulting community to meet the original target range overall. City of Fort Collins Page 390 March 15, 2016 a for the On -Bill Utility Loan Program. The purpose of this item is to revise the available capital funds for On -Bill Financing (OBF) program from Utilities reserve funds and to clarify interest rate language in relevant Utilities rate ordinances. Between July 2015 and December 2015, the rate of loan participation in the Home Efficiency Loan Program (HELP, aka OBF) increased by 500% ever the previous 2+ years. OBF capital comes'from Light & Power and Water reserve funds, with the source being determined by the project type. The funding is a "balance sheet transaction," where the funds are accounted for by moving from reserves to accounts receivable. As such, loan funding is not a typical expenditure or a budget item. Council has authorized Utilities to maintain a maximum outstanding balance of $800,000 for the loan program. Based on staff's recommendation, the Ordinance would increase the maximum outstanding balance limit to $1.6M. The 'additional funding would be loaned at a 4% interest rate, which is within the range approved by Council for the program in January 2015 and remains the Chief Financial Officer's recommendation. Staff plans to return to Council in conjunction with the 2017 rate ordinance with options and recommendations for potential transition to third party capital for OBF. 10. Items Relating to the Mayerik First Annexation. (Adopted) I A. Resolution 2016-024 Setting Forth Findings of Fact and Determinations Regarding the Maverik First Annexation. it. B. Public Hearing and First Reading of Ordinance No. 036, 2016, Annexing the Property Known as the Maverik First Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 1.26 acres located at 4333 East Mulberry Street at the southeast quadrant of 1-25 and State Highway 14. The parcel is a portion of the America's Best Value and Inn and Suites hotel. The Initiating Resolution was adopted on February 9, 2016. The property is located within the 1-25 Corridor Plan. A related item to zone the annexed property is presented as the next item on this Agenda. The purpose of this item is to zone the property included in the Maverik First Annexation into the General Commercial zone district. 12. First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City Property to Peter and Crystal Harper. (Adopted) The purpose of this item is to authorize the conveyance of an access easement on City Property to a property owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was purchased in 1977, in order to manage and protect the City's water supply. The Harpers own a property adjacent to the City property on which they are building a residential home. The Harpers discovered that a portion of the driveway constructed for their home encroached on the City property. The property owners ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the driveway. City of Fort Coffins Page 391 March 15, 2016 13. Resolution 2016-025 Approving an Amendment to the Bylaws of the Northern Colorado Regional Airport Commission. (Adopted) The purpose of this item is to consider a resolution approving an amendment to the Northern Colorado Regional Airport Commission Bylaws. The amendment will allow formation of subcommittees or work groups to provide research assistance or recommendations to the Commission. 14. Resolution 2016-028 Authorizing an Intergovernmental Agreement Between the City of Fort Collins and the Town of Windsor for the Exchange of Judicial Services and Appointing a Temporary Judge. (Adopted) The purpose of this item is to authorize an intergovernmental agreement with the Town of Windsor for judicial services to be used in the event that a conflict of interest or other circumstance prevents the Municipal Judge and temporary judge from hearing a particular Municipal Court case.. 15. Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual. (Adopted) The purpose of this item is to adopt the amended Board and Commission Manual -in its entirety. Specific changes include a new Periodic Review Procedure and a trial period of one year to modify . Work Plan due dates from November 30 to September 30. 16. Resolution 2016-027 Appointing Tom Rock to the Golf Board. (Adopted) The purpose of this item is to appoint Tom Rock to the Golf Board to fill a vacancy created through the resignation of Ann Cross. 17. Routine Deed/Easement. (Adopted) The purpose of this item is to have Council accept three Deeds of Dedication for road right-of-way for East Prospect Road. • CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff discussed concerns he -had regarding Item No. 6, First" Reading of Ordinance No. 039, 2016, Appropriating General Fund Reserves for the Construction of a Pedestrian Underpass at Foothills Parkway and College Avenue and Authorizing the City Manager to Enter Into Related Agreements, noting no extra money is being spent.' Additionally, regarding Item No. 16, Resolution 2016-026 Adopting the 2016 Boards and Commissions Manual, he stated he asked the City Clerk to forward the Boards and Commissions self -review to the entire Council in advance of the liaison meetings to allow Council to have dialogue. . Mayor Pro Tem Horak commented on Item No. 2, Second Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery -Charges for the Use of the City's Raw Water for the 2016 Irrigation Season, citing the cooperative relationship between water users and the City. • STAFF REPORTS ' Beth Sowder, Director of Social Sustainability, stated Mayor Troxell has signed the national initiative to make veteran homelessness rare, short-lived and non -recurring and .Fort Collins is participating in the Coming Home Colorado Action Lab. - The Housing Authority has worked closely with HUD to increase the payment standards for Veteran Administration support of City of Fort Collins Page 392 March 15, 2016 housing vouchers. The City is maximizing available resources to improve coordination with existing veteran providers, including supportive services for veteran families. Vanessa Finley, Executive Director of Homeward 2020, detailed the Coming Home Colorado Action Lab, which intends to fundamentally transform the way people are experiencing homelessness and will create a more streamlined and equitable system for housing access. Ms. Finley discussed the point -in -time count from January. The number of individuals surveyed decreased to about 290 this year from 301 last year and the number of individuals experiencing chronic homelessness has increased. Mayor Troxell commended the work and presentation as well as the more systemic approach. Councilmember Martinez asked how many homeless veterans are in the area. Sowder replied there were 37 in the point -in -time count and noted the goal is to find permanent supportive housing for 65 veterans in the area. Councilmember Stephens asked about the typical wait for housing. Sowder replied the current wait lists are up to two years; the coordinated assessment and housing placement system is intended to prioritize people by needs and personal choice. Councilmember Overbeck commended work on the item. Kurt Ravenschlag, Transfort Director, stated Council worked proactively during the last budgeting cycle to provide transportation solutions to Foothills Gateway, which is outside the Dial -a -Ride service area. A new shuttle service providing four daily trips servicing 25 to 30 clients directly to and from their homes has been added. Transfort was recognized by the Colorado Association of State Transit Agencies for providing the specialized service in 2015. In 2015, Transfort provided over 3.2 million passenger trips, a 25% increase and the operating expense per passenger decreased during the same time period., MAX ridership had a 70% increase in average daily boardings. Free rides will be offered on April 1 Councilmember Campana asked what how passenger boardings are counted. Ravenschlag replied boardings are counted by automatic passenger counters on each bus. Councilmember Campana asked how many of the rides are paid fees. Ravenschlag replied there is about a 20% revenue recovery for MAX and 94% of the 991,000 passenger boarding rides are paid, primarily because most of those riders are passholders. Councilmember Martinez asked what percentage of riders are CSU students. Ravenschlag replied on -board surveys will be collected; however, anecdotally, 60-70% of passengers are associated with CSU. • COUNCILMEMBER REPORTS Mayor Troxell reported on the National League of Cities meeting in Washington, D.C., and discussed meetings with the Federal Highway Administration, Federal Railroad Administration, and the Federal Aviation Administration. Additionally, he reported on the Brookings Institution panel presentation relating to metropolitan areas and stated the Colorado Municipal League City of Fort Collins Page 393 March 15, 2016 delegation met with the intergovernmental agency of the White House to discuss criminal justice reform and opioids. He commended the Congressional delegation. Councilmember Cunniff reported on the Federal Railroad Administration regulations _and prescription drug take -back programs. He reported on a meeting with the City of Washington, D.C. regarding its recycling programs. , Councilmember Stephens reported on the Small Business Administration meeting at the National League of Cities, noting there are grants and funds available for small businesses. Mayor Pro Tem Horak reported on the train horn noise waiver and the rule being open and on discussions with the Congressional delegation regarding grants for I-25. (Secretary's Note: The Council took a brief recess at this point in the meeting.) • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS • DISCUSSION ITEMS 18. The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to the intersection of Prospect Road and College Avenue. The Prospect Road and College Avenue Intersection Improvements Project is a collaborative project between the City of Fort Collins and Colorado State University (CSU). The project will construct road and intersection improvements, multimodal enhancements, utility . improvements, and access control improvements. These improvements will be done in conjunction with the West Central Corridor Plan. Colorado State University (CSU) is developing a medical center on its property at the northwest corner of the College Avenue and Prospect Road intersection. This development will require the construction of ultimate road improvements adjacent to its development and within Prospect Road. The improvements to be made at the northwest corner have presented an opportunity for the City to construct other needed multimodal improvements at the intersection. In order for the City to construct these improvements, the City will need'to acquire certain property interests adjacent to the project area. The acquisitions will include right-of-way and temporary easements from approximately eight property owners. Staff has met with the affected, owners and is working to address individual property owner considerations. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. RESULT: WITHDRAWN 1 19. of Construction Defect Claims. (Adopted on This Ordinance, adopted on First Reading on March 1, 2016, by a vote of 4-2 (Nays: Cunniff, Overbeck; Stephens absent) amends City Code to clarify that the failure to substantially comply with City of Fort Collins Page 394 March 15, 2016 the City Building Code may not be used to support or prove any construction defect claim; to require provision of additional information to residential unit owners prior to any legal action involving a construction defect claim; and to prohibit modifying or eliminating any requirement for alternative dispute resolution in a common interest community declaration that meets certain requirements. Tom Leeson, Community Development and Neighborhood Services Director, stated there were three items of discussion at the First Reading. First, a request to potentially look at a modification to section 3-52(a), to permit recovery of other financial damages or financial harm, such as damages resulting from a failure to meet energy standards set forth in the City building codes. He provided language for such an addition. Second, with regard to section 3-53(c), the informed consent portion, requires an HOA to (get support from a majority of homeowners. Leeson stated staff has been unable to find a precedent for a lower threshold than a majority. Third, Council asked if there has been any empirical evidence of the impact of this type -of ordinance in other communities. Leeson briefly reviewed information from other communities who have adopted similar ordinances... Eric Sutherland questioned the City pursuing a process which will be meaningless, when reviewed by courts and opposed adoption of the Ordinance. Jen Bray, Affordable Housing Board, stated the Affordable Housing Board is in unanimous support of the Ordinance. Councilmember Cunniff asked if the voting threshold is the majority of a quorum or the majority of all ownership. Leeson replied that varies, as HOA boards are entitled to make certain decisions based on a majority of the board and, in some cases, the majority of ownership is used. Councilmember Cunniff asked if there is support for considering a different voting threshold. Councilmember Campana stated he supports the Ordinance as written. , . City Attorney Daggett suggested another method that could be used would be to require a certain percentage of eligible voters to submit an objection and prevent the HOA board from moving forward with action. Councilmember Campana stated a response should be in support of bringing a class action lawsuit, rather,than a non -response being support. He did support the inclusion of the fifth clause regarding other financial losses as suggested by Councilmember Cunniff. Councilmember Campana made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 030, 2016, on Second Reading with the inclusion of the amendment in subsection 5-352(a)(5) regarding financial losses. Councilmember Cunniff expressed disagreement with using the majority of the ownership as the threshold and stated he would not support the motion. Councilmember Overbeck stated he would not support the motion Mayor Troxell stated he would support the motion. Councilmember Stephens thanked Ms. Bray for her comments and stated this is a strong statement in support of affordable housing. City of Fort Collins Page 395 March 15, 2016 RESULT: ORDINANCE NO. 030, 2016, ADOPTED ON SECOND READING [5 TO 2] MOVER: Gino Campana, District 3 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 20. Resolution 2016-029 Authorizing the Citv Attornev to Join in Litiqation in Support of the Environmental Protection Agency's Clean Power Plan Rule as an Amicus Curiae. (Adopted) The purpose of this item is to seek City Council approval of a Resolution authorizing the City Attorney to join, on behalf of the City, the Amicus Brief being prepared on behalf of multiple local governments, expressing support for implementation of the federal Clean Power Plan. Participation will allow Fort Collins to emphasize the vital nature of the Clean Power Plan rules for public health and welfare protections and the opportunity posed by our nation's on -going transition to clean energy. Lucinda Smith, Environmental Services Director, discussed.the Clean Power Plan, stating its goal is to reduce greenhouse gas emissions from power -generating sources; however, a stay has been issued in its implementation. The City has been invited to sign on to an Amicus Brief, which is a position statement by interested outside parties to be considered by the court. Staff recommends adoption of the,Resolution as the City's Legislative Policy Agenda is in alignment with the Clean Power Plan. Mayor Pro Tern Horak stated the National League of Cities supports the brief and it advances the City's Climate Action Plan goals. Platte River Power Authority has not yet taken a position; however, it is moving forward under the assumption the Clean Power Plan will proceed at some date. Councilmember Campana asked when the brief is set to be presented. Smith replied the 'court case is scheduled in early June in the D.C. District Court and the brief is to be filed April 1. Councilmember Campana asked if, support can be revoked if the brief contains comments the City does not agree with. Smith stated the basic concepts of the brief are what have allowed staff to support it, and the Resolution allows the City Attorney to withdraw support if evaluation by the City Attorney's Office finds it does not support legal arguments or is not in support of the City. City Attorney Daggett stated a large share of the brief will contain factual information from particular participating member entities and she does not anticipate it will deviate from the basic points outlined. Councilmember Campana expressed concern, as neighboring cities and the State of Colorado have opposed the plan. City Attorney Daggett stated staff will have a week to review the brief draft and stated if concerns arise, staff -will communicate back with Council. Councilmember Campana continued to express concern regarding signing on to support something that has yet to be vetted by staff. City of Fort Collins Page.396 March 15, 2016 Councilmember Martinez agreed with Councilmember Campana's concerns and asked why other cities are opposing the plan. Mayor Pro Tem Horak replied no cities are in opposition; however, the other cities which are part of Platte River Power Authority have yet to decide to join in support. Councilmember Cunniff stated the Clean Power Plan is the kind of thing that is necessary at a national level in order for the nation to approach the kind of carbon goals adopted by Fort Collins and. supported adoption of the Resolution given the timeline. Mayor Troxell noted Platte River Power Authority is proceeding with the assumption the Clean Power Plan will ultimately move forward and expressed support for the Resolution. Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2016-029. Councilmember Martinez asked if there is a cost to the City to enter into this litigation. Smith replied there is no financial cost; however, there will be some staff time required for review of the brief. Councilmember Martinez asked if there is any harm in not supporting the brief. Deputy City Manager Mihelich stated Fort Collins is considered a nationwide leader in terms of climate action; therefore, having Fort Collins sign on to this moves it in a direction to move forward. Councilmember Overbeck stated he would support the Resolution as it is in alignment with the City's goals. RESULT: RESOLUTION 2016-029 ADOPTED [5 TO 21 MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Stephens, Overbeck, Troxell, Cunniff, Horak NAYS: Martinez, Campana • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS 21. Items Relatinq to the Financial Officer's Compromise and Settlement of Disputed Sales. Use and Lodging Tax Claims. (Adopted on First Reading) A. First Reading of Ordinance No. 031, 2016, Repealing and Reenacting Section 25-198 of the Code of the City of Fort Collins to Authorize the City's Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of Sales and Use Taxes. B. First Reading of Ordinance No. 032, 2016, Repealing and Reenacting Section 25-284 of the Code of the City of Fort Collins to Authorize the City's Financial Officer to Compromise and Settle Claims the City Has Against Taxpayers for the Payment of the Lodging Tax. The purpose of this item is to grant the Financial Officer the authority to compromise and settle any actually assessed or potential claim to sales, use and lodging taxes and their related penalties and interest due to the City under Chapter 25 in an amount up to $100,000 and in excess of $100,000 with the City Manager's approval. The Financial Officer will be required to prepare and retain in Financial Services' files a written opinion explaining the Financial Officer's reasons for compromising and settling the claim. A written settlement agreement will also be required for all settlements in excess of $2,500. City of Fort Collins Poge 397 March 15, 2016 Eric Sutherland described his concerns regarding the strategy involved, legal difficulties of language that exist in the tax code, issues with the City Charter in interpreting what is in the tax code, and issues with sales tax disputes. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 031, 2016, on First Reading. Councilmember Campana asked about the status of reporting to Council and whether that has been formalized. Deputy City Manager Mihelich replied it will be formalized. Tiana Smith, City Revenue Manager, replied reporting will occur on a frequency yet to be determined, and that will be included in Second Reading. Councilmember Cunniff encouraged expeditious reporting and discussed differences between this and tax offshoring. RESULT: ORDINANCE NO. 031, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER:, Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck; Campana,,Troxell, Cunniff, Horak Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance No. 032, 2016, on First Reading. RESULT: ORDINANCE NO. 032, 2016 ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff: Horak • OTHER BUSINESS Mayor Pro Tem Horak discussed the IRS asking water jurisdictions who give rebates over $600 to an individual in a year to provide them with a 1099 form. He received Council support to direct staff to look into the issue. Councilmember Campana discussed a January 27 memo regarding the digital sign code and violations due to the fact that digital signs are not manufactured to only display two colors. He received Council support to direct staff to examine the digital sign code and consider allowing full color. Councilmember Cunniff encouraged a high level of community outreach regarding the sign issue. Councilmember Campana discussed dialogue regarding the train horn waiver issue. Deputy City Manager Mihelich suggested outreach similar to that completed with NISP. City of Fort Collins Page 398 March 15, 2016 • ADJOURNMENT The meeting adjourned at 9:01 PM. Mayor ATTEST: ��oF Fotcr co`��yN U: y,� A gg ��/1 ' SIEAA, V ✓ s'O+ City Clerk LO Po City of Fort Collins Page 199