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HomeMy WebLinkAboutMINUTES-07/16/2019-RegularJuly 16, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Pignataro, Gorgoi, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry requested Item No. 5, Items Relating to Delivery of Telecommunication Services by Fort Collins Connexion, be pulled from the Consent Agenda and moved to discussion to highlight revisions to the Ordinance. • PRESENTATION Housing Catalyst Presentation to Councilmember Cunniff. Kristin Fritz, Housing Catalyst, thanked Councilmember Cunniff for his commitment to affordable housing and to the community's most vulnerable people. She presented him with an award. Councilmember Cunniff stated it has been a pleasure serving Housing Catalyst and the citizens of Fort Collins. He thanked Jake Joseph, Housing Catalyst Board of Commissioners Chair, for his service. • PUBLIC COMMENT Stacy Lynne expressed concern the City's insurance attorney is leading Fort Collins down a troublesome path. Eric Sutherland discussed the fact that citizens cannot discuss development proposals with Council. He stated Mayor Troxell did not follow this rule when he attended a Planning and Zoning Board work session during which the Board was discussing a development review in process. Patricia Miller requested Council express support to uphold the articles of UN convention relating to the status of refugees and speak out against family separation policies. She requested Council condemn the federal government's treatment of asylum seekers. Ryan Barone requested Council denounce family separations and treatment in detention centers. Kristin Psaki, Foothills Unitarian Church minister, discussed the importance of affirming and promoting the inherent worth and dignity of every person. She encouraged Council to support closing the detention centers. Monica Rivera stated she often feels overwhelmed and hopeless as a queer mom in the country's current socio-politicaI context. She stated she and her family have volunteered to be a host home for an asylum -seeker and as part of that process, she needs to speak about the safety of Fort Collins for asylum -seekers, specifically trans -identified asylum -seekers. City of Fort Collins page 190 July 16, 2019 Johanna Ullon Givon requested Council make a statement from the City of Fort Collins against family separations. The impacts of the federal government's tactics have a direct negative impact on Fort Collins. Ethan Solomon opposed the conditions of detention centers and Fort Collins needs to make a public statement against the federal government's stance on the detainments. Paul Patterson commented on the disparity in the support that staff gives applicants versus appellants and requested Council direct the City Manager to provide a greater level of support to citizens involved in the development process. He also requested changes to Code to ensure hearing notices go to interested citizens. Debra James discussed the importance of placing affordable housing on the Hughes Stadium site and opposed the jail expansion stating more emphasis should be placed on mental health. Vedra Osborn requested Council denounce border detainment facilities and not let the City's silence speak for itself. William Cutcher opposed references to border detainment facilities as concentration camps and stated funding needs to be addressed on a national level. The root cause of the problem should be addressed. He opposed Fort Collins becoming a sanctuary city. Johanna Jones, Early Headstart Program, discussed the sensitivity of children to their relationships with their parents and requested Council speak up against what is happening on the border stating it will have a lifelong impact on the affected children. She stated silence is complicity. Martha Roden urged Council to uphold the articles of the UN convention and condemned the government's use of detention camps in the United States. Fred Kirsch discussed the possibility of Fort Collins Utilities leasing space for solar panels and suggested it would benefit the City and rate payers. Betty Aragon stated Fort Collins is a town of immigrants. The situation in border detention facilities is not acceptable and she encouraged Council to not stay silent. Pete Donovan stated the situation at the border equates to injustice, tyranny, and genocide. He requested the City decry the action. Christina Aiella discussed her immigrant lineage and historical separation of children from their families in the United States. She encouraged Council to speak out against the conditions at the border. Will Rishell opposed the conditions at border detention facilities and stated the community should speak up as a group. Tim Dolan read the Martin Niemoller quote "First They Came For". City of Fort Collins Page 191 July 16, 2019 • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments. Councilmember Gorgol noted the funds for the County mental health facility were released four months ago and the construction will begin soon. There is a community input session regarding the appeal process upcoming. City Clerk Coldiron stated the session will be Monday, July 22, at b PM. Councilmember Gorgol stated the Council needs to discuss the border detention center issue and how it wants to speak out as a community. Mayor Pro Tern Stephens thanked the speakers and personally denounced what is occurring in border detention centers. She wanted to make a statement about it as a Council a year ago but received little support. She believes making a stand against things that are against what the country is about is important. She agreed with the speakers that silence can equate to complicity and there comes a time when leaders, regardless of their position, need to speak out. Councilmember Cunniff stated he has personally attended protests, written letters to congresspeople, provided donations for legal defense, and has spoken in person when given the opportunity about border detention activities. This is not just a legal policy issue, but a moral and defining character issue for the country. Councilmember Cunniff noted information is being gathered regarding the ex parte communication policy and the policy could likely be edited to provide for reasonable legal protection for the City and would like some follow-up on Mr. Kirsh's comments prior to next week's work session. Councilmember Summers stated Congress has failed to provide adequate funding for border security and stated individuals who have had their day in court and are found to be in the country illegally should be deported. Councilmember Pignataro stated the appeal process will be discussed by Council September 17. She would like to receive information related to Mr. Kirsh's comments. She was compelled to run for office when she found out what was happening at the border a year ago. Mayor Troxell thanked the speakers. • CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 1, Items Relating to Various Amendments to the City of Fort Collins Land Use Code, and 3, Items Relating to Sales Tax Code Updates, from the Consent Agenda. Mayor Pro Tern Stephens made a motion, seconded by Councilmember Pignataro, to adopt and approve all items not withdrawn from the Consent Agenda. City of Fort Collins Page 192 July 16, 2019 RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Julie Pignataro, District 2 f AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky 2. Second Reading of Ordinance No. 084, 2019, Appropriating Unanticipated Grant Revenues From Bloomberg Philanthropies and Authorizing Transfers of Appropriations in the Light and Power Fund for Residential Efficiency Protect Loans. (Adopted) This Ordinance, unanimously adopted on First Reading on July 2, 2019, Appropriates The purpose of this item is to appropriate $193,650 of $682,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor's Challenge, into the Fort Collins Utilities Light and Power fund and Economic Health Office for the purposes of ongoing project management and operations of Epic Homes and a sub -grant to Colorado State University for indoor air quality research. The remaining $488,350 of the 2019 balance of funds will be appropriated for Epic Loan capital in alignment with pending third -party capital agreements. 3, Second Reading of Ordinance No. 088, 2019, Designating the Manevai/Mason/Sauer Property, 100 1st Street, Fort Collins, Colorado, as a Fort_ Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section i(e) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. This Ordinance, unanimously adopted on First Reading on July 2, 2019, considers the request for landmark designation of the Maneval/Mason/Sauer Property, 100 1st Street. This is a voluntary designation at the property owner's request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 4. First Reading of Ordinance No. 092, 2019, Appropriating Prior Year Reserves in the General Fund for the Police Interview Room Camera Replacement. (Adopted) The purpose of this item is to appropriate funds from the Fort Collins Police Services Asset Forfeiture federal and state accounts (in the amount of $101,000) to partially fund the purchase of a replacement interview room recording system at the Fort Collins Police Services building, 2221 South Timberline Road. These funds will be used in conjunction with other identified funds from core budget and contract savings. 5. Items Relating to 2018 international Code Amendments. (Adopted) A. First Reading of Ordinance No. 094, 2019, Amending Chapter 5, Article II, Division 2 of the Code of the City of Fort Collins for the Purpose of Enacting Local Amendments to the 2018 International Building Code. B. First Reading of Ordinance No. 095, 2019, Amending Chapter 5, Article Il, Division 2 of the Code of the City of Fort Collins for the Purpose of Enacting Local Amendments to the 2018 International Residential Code. The purpose of this item is to revise two Code requirements first proposed in both the International Building Code (the "IBC") and the International Residential Code (the "IRC"). The first proposed change relates to an asphalt shingle roof covering requirement exemption where compliance is difficult given certain circumstances. City of Fort Collins Page 193 July 16, 2019 The second proposed change relates to an electric vehicle charging (EV ready) conduit requirement that was submitted to be included in the 2018 codes as adopted in January but was missed and not included in the final ordinance version as intended. Adopting these two Ordinances will make the above changes in both the IRC, which applies to residential property, and the IBC, which applies to commercial property. 6. First Reading of Ordinance No. 096, 2019, Approving the Waiver of Certain Fees for the Mason Place Affordable Housing Protect. (Adopted) The purpose of this item is to present Housing Catalyst's request for affordable housing fee waivers for the Mason Place permanent supportive housing project under development at 3750 South Mason Street, currently the site of the Midtown Arts Center. All 60 units of this project target residents making no more than 30% area median income (AMI) and therefore qualify for discretionary fee waivers. The request is to approve the waiver of 100% of the waivable fees up to the amount of $330,000. 7. First Reading of Ordinance No. 097, 2019, Approving and Authorizing Execution of the Second Amendment to Permanent Easement dated April 27 2006to Public Service Company of Colorado Related to the Northside Aztlan/Poudre River Site. (Adopted) The purpose of this item is to amend an existing easement located on City property that includes the Northside Aztlan/United Way parcel, 226 Willow Street, and a portion of the Gustav Swanson Natural Area (the "City Property"), sometimes referred to as the Aztlan/Poudre River EPA Removal Action Site, at 112 Willow Street. 8. First Reading of Ordinance No. 098, 2019, Authorizing the Execution of First and Second Amended and Restated Conservation Easements on the Hazelhurst Property and Assignment of a Conservation Easement to Larimer County, (Adopted) The purpose of this item is to authorize the execution of a First Amended and Restated Conservation Easement on the Hazelhurst property located at 2887 West Trilby Road. The amended and restated conservation easement will allow for the subdivision of the 45-acre property into two parcels: a 5-acre parcel to be retained by Glenn and Margaret Hazelhurst and a 40-acre parcel to be purchased in fee by the Natural Areas Department. Staff is also seeking authorization to subsequently enter into a Second Amended and Restated Conservation Easement that will split the Conservation Easement into two agreements, one that will apply to the 5-acre tract the Hazelhursts retain and a the other encumbering the 40-acre parcel purchased by the City, so that the conservation easement can be managed separately on each parcel. The conservation easement on the City's parcel would then be assigned to and held by Larimer County through its Open Lands department. 9. Items Relating to the Fossil Creek Reservoir Area Plan -Transfer of Density Units Program Closure. (Adopted) A. Resolution 2019-077 Amending the Fossil Creek Reservoir Area Plan to Close the Transfer of Density Units Program. B. Resolution 2019-078 Approving and Authorizing the Mayor to Execute Amendment Number Two to the Intergovernmental Agreement Between the City and Larimer County Regarding Cooperation on Managing Urban Development Within the Fort Collins Growth Management Area to Close the Transfer of Density Units Program and Update Certain References. The purpose of this item is to consider closure to the Fossil Creek Reservoir Transfer of Density Units (TDU) Program, adopted September 22, 1998, by the Larimer County Board of Commissioners. The TDU Receiving Area is essentially annexed and built out, with only one remaining parcel with limited development potential. This item includes amendments to both the Fossil Creek Reservoir Area Plan and the Intergovernmental Agreement Regarding Cooperation on Managing Urban Development. City of Fort Collins Page 194 July 16, 2019 10. Resolution 2019-079 Authorizing the City Manager to Execute an Agreement with Numerous Stakeholders Regarding a Joint Study of the Boxelder Creek Watershed Dams. (Adopted) The purpose of this item is to enter into an agreement with key stakeholders to study a series of key flood control dams upstream of Fort Collins known as the "Boxelder Creek Watershed Dams." The stakeholders that will be parties to this agreement are: Larimer County, the Town of Wellington, the Town of Timnath, and the North Poudre Irrigation Company. The study will be used as the basis for subsequent discussions and potential agreements related to the dams, including capital improvements and long-term operations and maintenance needs and responsibilities. 11. Resolution 2019-080 Approving an Artwork to be Placed at the Poudre River Whitewater Park. (Adopted) The purpose of this item is to approve artwork that will be placed in the Poudre River Whitewater Park to mark the Cache la Poudre River National Heritage Area. 12. Resolution 2019-081 Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming Account for the selected community events, based upon the recommendations of the Cultural Resources Board. 13. Resolution 2019-083 Making an Appointment to the Northern Colorado Regional Airport Commission. (Adopted) The purpose of this item is to reappoint Thomas Fleming to a three-year term on the Northern Colorado Regional Airport Commission. • CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Stephens mentioned Item No. 8, First Reading of Ordinance No. 096, 2019, Approving the Waiver of Certain Fees for the Mason Place Affordable Housing Project, was a good news item. This will be permanent supportive housing for individuals who have experienced chronic homelessness. Mayor Troxell mentioned Item Nos. 13, Resolution 2019-080 Approving an Artwork to be Placed at the Poudre River Whitewater Park, and 14, Resolution 2019-081 Approving Fort Fund Grant Disbursements, was good news items. He also noted Thomas Fleming was appointed to the Northern Colorado Regional Airport Commission. City Manager Atteberry noted the September 17 discussion of the appeal process has been moved to October 15 due to Planning and Zoning Board scheduling issues. • STAFF REPORTS Business Trespass and Collette Avenue Traffic Safety. (staff: John Feyen) John Feyen, Assistant Chief of Patrol Division, stated Police Patrol Services attempts to align itself with the City's priorities, including the strategic alignment with safe communities and community involvement and improving safety for all travel modes. He discussed the need for occasional patrol enforcement of business trespasses and College Avenue traffic safety related to "cruising". He outlined intervention techniques utilized and discussed citations issued. He thanked Officer Brian Grosshans for his efforts in this program. City of Fort Collins Page 195 July 16, 2019 Councilmember Cunniff thanked Feyen and stated he is looking forward to seeing statistical results of the program. Councilmember Gorgol asked if courts provide alternative sentencing options for youth. Grosshans replied most citations are first-time offenses which result in year -long deferred sentences and some type of fine. There have only been a few repeat offenders and the sentencing for those individuals has yet to play out. Mayor Pro Tern Stephens requested additional information regarding alternative sentencing options for youth. City Manager Atteberry stated it is important for Council and the community to see that City resources are being aligned with Council and community concerns. Mayor Pro Tern Stephens thanked staff for the work on this program. Councilmember Cunniff stated he would like to ensure statistics are being collected to confirm equity. Neicihborhood Services Reciardincl Block Party Trailer. (staff: Marcy Yoder) J.C. Ward, Neighborhood Services, stated the block party trailer has already been a success and it is intended to create and strengthen connections with neighborhoods, between neighbors, and with the City, by providing a welcoming and safe space and reducing barriers to dialogue and participation. She discussed the priorities, principles and policies of the City with which the program aligns. Mayor Pro Tern Stephens stated this allows all neighborhoods to have parties and fun together. Councilmember Gorgol commended the program and its commitment to equity. She asked how the City has gotten the word out to neighborhoods. Marcy Yoder, Neighborhood Services Manager, replied that is a passion of staff and they have also used a lemonade stand as a pop-up engagement opportunity. Councilmember Gorgol asked if the trailer will be available on weekdays in the future. Yoder replied this has been a pilot year and expanding opportunities will be evaluated at the end of the year. Mayor Troxell thanked Yoder and staff for their work and efforts at improving the community • COUNCILMEMBER REPORTS Councilmember Cunniff reported on speaking at the Soapstone Prairie loth anniversary celebration. Councilmember Summers reported the bison herd at Soapstone is growing quicker than expected. He also reported on a Forbes Magazine list of best places to work which included QtterBox, UC Health, the City of Fort Collins, CSU, Larimer County, and other organizations with representation in Fort Collins. City of Fort Collins Page 196 July 16, 2019 Councilmember Pignataro reported on her first listening session and recent Futures Committee meeting about the future of transportation in Northern Colorado. Councilmember Gorgol reported on a breakfast at CSU with the new president. She also noted the Larimer County Behavioral Health Policy Council met and appropriated funds for mental health needs for the next year. Councilmember Gorgol reported on Joe Neguse's visit to the Housing Catalyst project and announced a listening session Thursday. Mayor Pro Tern Stephens reported on the Metropolitan Planning Council meeting and stated there is an initiative by the Governor for zero emission vehicles. She also reported on the Women in Philanthropy event with CSU's new president. Mayor Pro Tern Stephens reported on a recent neighborhood meeting regarding a possible cyclocross facility at Rossborough Park. Mayor Troxell reported on the recent Futures Committee meeting, the groundbreaking of the new Elevations Credit Union on East Mountain, and a celebration at Lee Martinez Farm with the Martinez family. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 14. Items Relating to Delivery of Telecommunication Services by Fort Collins Connexion. (Adopted as Amended on Second Reading) A. Second Reading of Ordinance No. 089, 2019, Amending Chapter 26 of the Code of the City of Fort Collins to Further Authorize and Implement the City's Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. B. Second Reading of Ordinance No. 091, 2019, Authorizing the Purchasing Agent to Enter into Licensing Contracts with a Term Length in Excess of Five Years for the Acquisition of Video Content Rights in Furtherance of Fort Collins Connexion's Delivery of Telecommunication Services. These Ordinances were unanimously adopted on First Reading on July 2, 2019. Ordinance No. 089, 2019 adopts a variety of revisions, clarifications and additions to City Code Chapter 26 pertaining to Utility Services to accommodate telecommunication services. Ordinance No. 091, 2019 approves long term licensing agreements with a term up to seven years for video content to be delivered to Connexion's subscribers. The following changes to Ordinance No. 089, 2019 have been made since First Reading: 1. Section 26-575(a): removed reference to agreement by subscriber to abide by terms and conditions of service and rules and regulations; replace with mandatory language (shall be subject to....); 2. Section 26-576(d): substituted defined term 'Telecommunication subscriber" for 'Telecommunication customer") for consistency; 3. Section 26-579(c): adjusted definitions of Code violation to exclude nonpayment by a subscriber so failure to pay is not punishable as a criminal violation, leaving termination of service and other legal recourse such as collection as enforcement mechanisms for nonpayment. City of Fort Collins Page 197 July 16, 2019 4. Section 26-583(a): clarified language regarding relationship of franchise fees to PILOT by indicating all franchise fees paid shall be a credit against the PILOT amounts due, and to provide that PILOT shall be paid by the telecommunication division and may (not must) be charged directly to subscribers. City Attorney Daggett read ordinance changes made since First Reading into the record. Eric Sutherland stated this ordinance was not posted online five days in advance as required by the City Charter and this ordinance is not ready for consideration. He recommended Council form an advisory group to oversee the broadband program. Rich Stave stated he found the reporting structure odd and questioned why internet service would be shut off if other utility bills are unpaid. He also expressed concern regarding privacy and surveillance issues. Mayor Troxell requested staff address Mr. Stave's questions. City Manager Atteberry replied he has made a decision that Coleman Keane, Broadband Executive Director, is a direct report to the City Manager, which could change over time. He noted Kevin Gertig, the Utilities Services Executive Director who has four direct reports, is a direct report to Deputy City Manager Jeff Mihelich. Coleman Keane, Broadband Executive Director, noted Fort Collins Connexion needs to rely on partners within the City organization to provide various aspects of its service. City Attorney Daggett noted voter -approved charter language allowed Council to chose whether to establish the broadband service as a separate utility or to do it under the umbrella of the City's electric utility, or to change that over time. Councilmember Cunniff asked if the privacy issues will be addressed in the administrative terms of use and other regulations. Keane replied privacy concerns are taken very seriously but noted the utility needs some ability to monitor network usage in order to manage network performance. He stated staff is bound by law to intercept traffic and pass it to a federal or state agency as appropriate if a lawful intercept warrant is issued. Senior Assistant City Attorney Judy Schmidt noted there are basic privacy provisions already included in the Code related to utility records. Councilmember Cunniff discussed the importance of trust in the City organization and stated it will be important for Connexion to not engage in any of the traffic throttling practices of its competitors. He supports the changes in the Ordinance as presented. Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 089, 2019, as amended to include the language changes as read, on Second Reading. City Attorney Daggett requested a friendly amendment to the motion reflecting a section number change. Mayor Pro Tern Stephens and Councilmember Cunniff accepted the amendment as being friendly. City of Fort Collins Page 198 July 16, 2019 RESULT: ORDINANCE NO. 089, 2019, ADOPTED AS AMENDED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 091, 2019, on Second Reading. RESULT: ORDINANCE NO.091, 2019 ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky • DISCUSSION ITEMS 15. Second Reading of Ordinance No. 090 2019 Appropriating Unantici ated Grant Revenue in the General Fund for Updating Policies, Codes and_Re-gulations Affecting the Quality and Quantity of Affordable Housing in Fort Collins. (Adopted on Second Reading) This Ordinance, adopted on First Reading on July 2, 2019 by a vote of 6-0 (Gorgol recused). Appropriates unanticipated grant revenue awarded by the Colorado Department of Public Health and Environment (CDPHE) through its Health Disparities Grant Program (HDGP) to implement critical updates to policies, codes and regulations affecting the quality and quantity of affordable housing with a specific lens on reducing health inequities in Fort Collins. This housing affordability and health equity project will use CDPHE grant funds in the amount of $795,657 in reimbursable grant funding over a two-year grant cycle (State Fiscal Year 2020-2021). Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 090, 2019, on Second Reading. RESULT: ORDINANCE NO.090, 2019, ADOPTED ON SECOND READING [5 TO 01 MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky RECUSED: Gorgol 16. Resolution 2019-082 Making Findings of Fact and Conclusions of Law Regarding th of the Planning and Zonina Board's Decision Approving the Sunshine House at Bucki Maior Amendment MJA190001. (Adopted) The purpose of this item is to make findings of fact and conclusions of law regarding the appeal of the Sunshine House at Bucking Horse Major Amendment (MJA# 190001). The hearing for the appeals was held July 2, 2019. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Resolution 2019-082. City of Fort Collins Page 199 July 16, 2019 Mayor Troxell noted this Resolution documents the outcome of the appeal hearing at Council's last meeting. Councilmember Cunniff stated he did not support Council's finding; however, he agrees that was the outcome and will therefore support the motion. He stated he looks forward to upcoming discussions related to appeals and boards and commissions. RESULT: RESOLUTION 2019-082 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky (Secretary's Note: The Council took a brief recess at this point in the meeting.) 17. Resolution 2019-084 Initiating the Rezoning of the Hughes Stadium Annexation Property. (Adopted) The purpose of this item is to initiate the rezoning of the Hughes Stadium Annexation property that amends the City of Fort Collins Zoning Map from the current Transition (T) zone district and directs City staff to prepare a rezoning application on behalf of the City and make a recommendation to the Planning and Zoning Board (the "Board') and City Council regarding the appropriate zoning. Tom Leeson, Director of Community Development and Neighborhood Services, stated this Resolution initiates the rezoning of the Hughes Stadium site from the Transition zone to another zone district based on the direction of Council. Cameron Gloss, Planning Manager, noted the Transition zone provides no development rights and was the specific request of CSU. He stated the City will be following the development review process as outlined in the Land Use Code. Following the rezoning initiation, a neighborhood meeting will occur, the Planning and Zoning Board will conduct a public hearing and make a recommendation, and the recommendation will then come before Council to make a final decision. Gloss noted the neighborhood meeting has been set for August 8 at the Drake Center, the Planning and Zoning Board hearing has been tentatively scheduled for September 19, and the Council hearing has been tentatively scheduled for October 1. He stated a development plan could be submitted after any rezoning and that process would also include a neighborhood meeting; however, the Planning and Zoning Board would make the final decision on any development plan. Eric Sutherland stated a neighborhood meeting already occurred at which Lennar Homes showed a project plan layout that would not be compatible with any of the City's existing zoning. He argued any subsequent plan put forth would clearly be an improvement. He questioned why staff has not been asked to develop a unique zoning designation that will work for the site and embody the City's aspirational thinking. Mary Grant, PATHS, stated she understands the Hughes property needs to be transformed and it deserves serious consideration. She suggested a public/private/philanthropic project that is economically viable and embodies community values. City of Fort Collins Page 200 July 16, 2019 Kevin Jones, Fort Collins Area Chamber of Commerce, requested Council not adopt this Resolution and, in the best interest of attainable workforce housing, that Council allow the development process already in place to continue. Renee Walkup, PATHS, Planning Actions to Transform Hughes Sustainably, discussed extensive previous public input indicating people want open space and affordable housing on the site. She requested Council recommend a public Planning and Zoning Board hearing to allow her group to make a case for ideal zoning and a plan that will benefit everyone in the community. Dennis Hemstreet expressed concern about the number of homes proposed as it will result in traffic, pollution, and open space pressure problems. Mark DeGregorio stated the proposed development is in direct opposition to City plans and goals. He questioned why the City never attempted to purchase the property as open space. Martha Zook, PATHS, discussed signed petitions the group has obtained regarding the property and stated the group would like the Planning and Zoning Board to hold a public hearing to obtain public input. Ray Mease discussed the value of the property as an open space and stated the City benefits financially from visitors to the area. The space needs to be protected for the enjoyment of all. Melissa Rosas discussed the PATHS petitions requesting a more sustainable, community -friendly alternative to the high -density plan shown by Lennar Homes. Ann Baron discussed previous public input regarding the property which found that citizens most desire open space and affordable housing on the site. Calvin Erickson supported adoption of this resolution and stated this unique property is worth extensive consideration by the City. Rich Feller discussed necessary fire evacuation routes should this property develop. He requested Council adopt the resolution to let citizens' voices be heard. Anna Goldetsky noted there are no services near the property; therefore, all new residents would need to travel for all needs. The site is unsuited for hundreds of homes. Ted Walkup stated this rezoning resolution opens the door for substantive action toward the City's three core values: livability, community, and sustainability. Justin Pless, attorney for clients who are business owners in Fort Collins, opposed Council initiating the rezoning process stating it deviates from the normal process and the City should not use zoning to disapprove or influence specific development projects. This sets a bad precedent and leads to uncertainty. Nick Lieurance stated he does not want to see the property be lost to an overcrowded housing development. Mac Hester commended Council and the City on their conservation of open space and natural areas and stated there is a threatened species in Maxwell and Pineridge which exists only in Larimer and Boulder counties. City of Fort Collins Page 201 July 16, 2019 Jill Vesty requested the property be preserved as an open space and suggested the City should focus on increased density and less sprawl. This is not a good location for affordable housing as residents would need to purchase vehicles. Tim Dolan expressed concern regarding safety, emergency response access, and evacuation routes. Susan McFadden stated this should be a two-step process with extensive public input. She suggested affordable housing and energy efficiency should be built into the plan. Tamara Meure stated there is no way to support a large development with services, schools, and existing roadways on the west side of town. She expressed concern about emergency response access. Mike Robinson stated Council has an opportunity to affect this unique property which is bordered on two sides by open space and natural areas. Councilmember Cunniff noted he received a notice of the neighborhood meeting but that does not affect his impartiality. Internal discussions have occurred regarding a Natural Areas purchase of the property and he requested input regarding the staff recommendation. John Stokes, Natural Areas Program Director, replied it has been the understanding of Natural Areas staff that CSU's desire is to monetize the value of the property to the extent that it can. The Natural Areas program considered the viability of this property as a potential acquisition and noted many considerations come into play, including an equal distribution of resources across the growth management area. He noted there are over 4,000 acres of conserved land and ten miles of trails in this area. Councilmember Cunniff stated he does not personally see that a Natural Areas purchase is the best use of funds at this time and there are other ways to ensure the development is compatible with City plans and documents. Councilmember Summers asked if there was any consideration of a Natural Areas purchase of part of the property. Stokes replied that was not considered, noting development regulations address buffers to adjoining natural areas. Mayor Troxell asked about the differences between this process and the typical rezoning process. Gloss replied the rezone would be required to have development rights created. Applicants can consolidate a zoning and development application or separate the proposed zoning application from the proposed development plan application. Mayor Troxell asked when public input would occur in the current process. Gloss replied both processes require at least one neighborhood meeting, a Planning and Zoning Board public hearing, a Council hearing for the zoning portion, and another Planning and Zoning Board hearing for the development application. He noted any of the aforementioned meetings are open to the public, but mailings are sent to both owners and renters of properties within 1,000 feet. Other public advertisements of the meeting occur in signage on the property and on the City's website. Mayor Troxell asked what goes into the zoning recommendation. Gloss replied the Land Use Code has criteria for compliance with the City's Comprehensive PIan, or City Plan, and for compatibility to the surrounding area. City of Fort Collins Page 202 July 16, 2019 Mayor Troxell asked how the public input would differ between this method and the traditional method to just consider the rezoning. Gloss replied there would be two separate neighborhood meetings with this process and there is a potential for only one neighborhood meeting if a developer submitted a consolidated application. Both processes would involve public hearings before the Planning and Zoning Board and Council. Councilmember Gorgol asked if this process eliminates the ex pane communication issue. City Attorney Daggett replied ex parte communications reference communications that are outside of the process, or side conversations, and do not refer to any of the opportunities members of the public have to provide comments, interact with staff, or submit information and concerns throughout the process. Councilmember Summers asked if there is any more influence by the public, or opportunity for citizens to address their concerns, whether Council initiates the rezoning or it goes through the more typical process. City Attorney Daggett replied the process is not different except that if the zoning process goes through separately from the development process, there would be two separate rounds of meetings and hearings. Leeson agreed and stated the process would be longer with more opportunity for public comment if the processes were separate. Councilmember Gorgol asked if the process is different because Council is initiating it. Leeson replied the normal planning process with the same constraints of ex parte communication would occur. Councilmember Gorgol asked if Council initiating this rezoning would reallocate time or funds. City Manager Atteberry replied Council's policy agenda would not be disrupted and no additional budget would be required. Councilmember Gorgol asked if notices are sent to renters and owners. Gloss replied in the affirmative. Councilmember Gorgol commented that more than one neighborhood meeting may be necessary if Council initiates the rezoning. Mayor Pro Tern Stephens asked Councilmember Cunniff to reiterate the value he sees in going through this process. Councilmember Cunniff replied this would be a more obvious and clean decision about zoning related to City Plan and its policies rather than for it to be tied with a development proposal. The number of Transitional -zoned properties wherein this could occur is very limited. Mayor Troxell asked about the frequency of the use of the Transition zone. Gloss replied it is rarely used and there are only a handful of Transition properties, most of which were created when the Land Use Code was adopted in 1997. Those properties were to receive new zoning when they were developed based on the Land Use Code. Mayor Troxell asked if the City has ever before separated the zoning from the development review with a Council -initiated process. Gloss replied staff cannot recall a time where this condition existed. City of Fort Collins Page 203 July 16, 2019 Councilmember Pignataro stated she would support the resolution and even if this does set a precedent, that would not be a huge issue given the number of Transition properties in the city. She thanked the citizens who spoke. Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2019-084. Mayor Troxell stated predictability is important in the development review process and suggested this introduces some level of uncertainty. He questioned what impact the longer process would have on affordable housing and the applicant. Leeson replied uncertainty increases risk and risk increases cost; however, the timeline of a formal application is unknown, and it could be that the zoning process is resolved prior to the submittal of an application. He acknowledged that the applicant likely cannot move forward on any kind of design until the zoning is known. Mayor Troxell asked about the plan that has been submitted by Lennar Homes. Leeson replied it is a very preliminary conceptual plan that is not considered a formal development application. He noted staff had 23 pages of comments on the preliminary conceptual plan and all of that would be reviewed and analyzed as part of the normal development review process. Councilmember Summers stated it seems like community members may have more time to make comments if this were to go through the developer -initiated process given it is unknown when the developer may submit a proposal. Councilmember Cunniff stated there is probably more certainty as to what could be developed if the zoning were in place. Leeson replied that is a fair interpretation and stated there is some risk to a developer to do a combined application. Mayor Pro Tern Stephens agreed with Councilmember Cunniff and noted that even though this may not be the typical process, it is still process -driven and provides adequate opportunity for public feedback. Councilmember Gorgol stated she would support the motion as the process sets out good transparency for highlighting City priorities. Councilmember Summers stated the precedent of this is dangerous and expressed concern it communicates a sense of uncertainty for developers. Mayor Troxell stated he would not support the motion as it is important this process is being used for the right reasons. RESULT: RESOLUTION 2019-084 ADOPTED [4 TO 2] MOVER: Ross Cunniff, District 5 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gorgol, Stephens, Cunniff NAYS: Summers, Troxell ABSENT: Gutowsky City of Fort Collins Page 204 July 16, 2019 18. First Reading of Ordinance No. 099, 2019 Imposing a Moratorium Until August 30, 2020, Upon Certain Development of Existing Mobile Home Parks. (Adopted on First Reading) The purpose of this item is to impose a moratorium upon the City's acceptance of any application for development of any kind that if granted, could result in the partial or total closing or reduction in capacity of any mobile home park in existence on the effective date of this Ordinance, and would remain in effect through the earlier of August 30, 2020, or until City Council adopts an ordinance containing regulations that address the identified issues and concerns. Tom Leeson, Community Development and Neighborhood Services Director, stated this item places a moratorium on certain development affecting existing mobile home parks. He discussed the goals of City Plan related to increasing the supply of affordable housing and the prevention or mitigation of displacement impacts for affordable housing, specifically mobile home parks. Leeson stated the purpose of the moratorium is to provide staff and Council time to research policy options for this unique affordable housing type, to further City Plan policies, and to uphold the principles of the Mobile Home Act, and to protect Fort Collins citizens. The moratorium would be imposed on the acceptance of applications for development that could result in the partial or total closing or reduction in capacity of any mobile home park and would remain in effect until August 30, 2020, or until Council adopts an ordinance containing regulations that address the identified issues, whichever occurs first. Councilmember Summers asked about the zoning of a mobile home park. Leeson replied they are allowed as a use -by -right in two zone districts, the Low -Density Mixed -Use Neighborhood, and the Employment zones. Mobile home parks in other zone districts would be considered legally non -conforming uses. Councilmember Summers asked if the redevelopment of a mobile home park has occurred recently. Leeson replied in the negative and he is not aware of any pending application. City Manager Atteberry replied the Grape Street mobile home park was affected by the North College King Soopers development and others have occurred. Councilmember Summers asked about the identified issues and concerns. Leeson replied Council has indicated affordable housing as a top priority and mobile home parks offer a population that is more at risk and has some unusual hardships if displacement were to occur because of the ownership structure. Mobile home parks are in zone districts that are ripe for redevelopment. City Manager Atteberry stated staff is hearing rumors that there may be some movement in this space, and this would allow time to do some planning work with public input that could result in a number of different options with no predetermined outcome. He noted many residents are reliant on this type of housing and the risk of losing it has become an important issue. Councilmember Summers asked if this would include Iooking at areas of redevelopment and zoning for expansion of mobile homes. Leeson replied there is no predetermined outcome, but all options would be considered. Councilmember Summers expressed concern about the message a moratorium may send and suggested the dynamic around trust needs to be changed moving forward. Mayor Pro Tem Stephens made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No. 099, 2019, on First Reading. City of Fort Collins Page 205 July 16, 2019 Mayor Troxell suggested the inclusion of language related to relationships and incentives in order to provide a balanced perspective. City Manager Atteberry noted staff is currently working with property and unit owners. Councilmember GorgoI noted she brought this item forward and the expectation is that there will be delicate and controversial conversations about mobile home parks. The moratorium provides the room to have those conversations without frightening residents or property owners. City Manager Atteberry stated he will report to Council what the engagement process would look like. Mayor Troxell replied in support of that idea. Mayor Pro Tern Stephens stated she never thought of this Ordinance as being punitive and she would like to see incentive -based options come forward. This should provide an opportunity to develop partnerships and relationships. Councilmember Cunniff stated he would support the motion and thanked Councilmember Gorgol for bringing it forward. City Attorney Daggett asked if Council would like the ordinance to reflect the requirement that the City Manager bring back a plan and schedule for Second Reading of the Ordinance. Mayor Troxell replied in support. RESULT: ORDINANCE NO. 099,2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, GorgoI, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS 19. Items Relating to Various Amendments to the City of Fort Collins Land Use Code. (Adopted on Second Reading) A. Second Reading of Ordinance No. 077, 2019, Makes Various Amendments to the City of Fort Collins Land Use Code. B. Second Reading of Ordinance No. 078, 2019, Amends the City of Fort Collins Land Use Code Regarding Community Development and Neighborhood Services Director Variances to Certain Land Use Code Standards. These Ordinances, unanimously adopted on First Reading on July 2, 2019, adopt a variety of revisions, clarifications and additions to the Land Use Code. Eric Sutherland discussed substantive changes made between First and Second Reading of an ordinance on another item that he stated were never published. He questioned whether engineering standards exist for broadband fiber optic cable installation and, if they do not, why they are mentioned in the Land Use Code. Mayor Troxell asked if publishing requirements were met for this item. Noah Beals, Senior Planner, replied in the affirmative. City of Fort Collins Page 206 July 16, 2019 Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 077, 2019, on Second Reading. RESULT: ORDINANCE NO. 077,2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 078, 2019, on Second Reading. RESULT: ORDINANCE NO. 078,2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky 20. Items Relating to Sales Tax Code Updates. (Adopted on Second Reading) A. Second Reading of Ordinance No. 085, 2019, Amends Article XVIII of Chapter 15 of the Code of the City of Fort Collins Relating to Short -Term Rental Licenses. B. Second Reading of Ordinance No. 086, 2019, Amends Article 11 of Chapter 25 of the Code of the City of Fort Collins Relating to the City's Tax Rebate Programs. C. Second Reading of Ordinance No. 087, 2019, Amends Article 111 of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City's Sales and Use Taxes. These Ordinances, unanimously adopted on First Reading on July 2, 2019, amend City Code sections in Chapter 15 and 25 to provide clarification for definitions and the application of various sections of the Code. Eric Sutherland discussed requirements related to ordinances, stating they were met in this case, and stated Fort Collins is one of the few communities in Colorado to still tax food. Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 085, 2019, on Second Reading. RESULT: ORDINANCE NO. 085, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 086, 2019, on Second Reading. City of Fort Collins Page 207 July 16, 2019 Councilmember Cunniff noted conversations have occurred regarding the sales tax rebate program and how to ensure outreach. He stated this is the most reasonable alternative given the fact the City does tax food. Mayor Pro Tern Stephens stated she would like to reexamine the food tax and look at the pink tax. RESULT: ORDINANCE NO. 086,2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 087, 2019, on Second Reading. RESULT: ORDINANCE NO. 087, 2019, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff ABSENT: Gutowsky • OTHER BUSINESS Mayor Pro Tern Stephens asked if there is support for Council making a statement on the conditions at border detention facilities. Mayor Troxell suggested a more fact-finding option to which Council could respond. Councilmember Gorgol stated she would support some type of statement, but would like to know about options and what any statement would set forth. Councilmember Summers stated any letter to the delegation should address funding. Fact-finding would be important as there is a great deal of contradiction about what is occurring. Council should be cautious to rush to judgement. Councilmember Pignataro asked how Council responded to and addressed the Paris Climate Accord. Mayor Troxell replied he wrote a letter on behalf of Council, in consultation with the Legislative Review Committee, describing specific things Fort Collins was doing relating to its Climate Action Plan and reinforcing what was occurring at the local level. Council also opted to write a letter regarding President Trump's decision not to sign onto the Accord. Mayor Pro Tern Stephens stated there are definitely proved human rights abuses happening at the border, which she denounces, and would support having the Legislative Review Committee examine the issue. Councilmember Cunniff stated it makes sense for the Legislative Review Committee to examine this issue and he would be interested to know if the City has business relationships with any of the companies contracted to provide detention services. City of Fort Collins Page 208