HomeMy WebLinkAboutMINUTES-11/19/2019-RegularNovember 19, 2019
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Doug Macallister questioned the process related to an ethics complaint filed about two
Councilmembers' involvement with the Hughes Stadium rezoning vote. Second Reading of the
rezoning ordinance should be postponed in order to allow the ethics complaint process to move
forward.
Adam Eggleston questioned why the "U+2" topic has fallen off Council's 6-month planning
calendar. The ordinance is not meeting its intended goals.
Stacey Lynne discussed the legal representation of a City employee.
Patricia Miller thanked Council for voting to adopt a resolution condemning conditions at the
border for immigrants.
Carter Hill advocated for additional mental health services in the community.
Nancy York reminded Council of the power it has to influence positive change. She commented
on the Green New Deal for public housing proposed by presidential candidate Bernie Sanders.
She advocated for improving transit and discouraging single vehicle use.
John Anderson stated Council's actions have yet to reflect the climate emergency resolution it
adopted.
Eric Sutherland questioned how Councilmembers reached the conclusion that they may wield or
exercise governmental authority outside of a regular Council meeting. He stated the Urban
Renewal Authority is a bastardization of government.
Kristin Fritz, Housing Catalyst, acknowledged Council's commitment to the development of
affordable housing in the community. She discussed the need for various funding sources for
permanent supportive housing and encouraged Council to adopt the fee waivers for Mason Place.
Greg Heffington concurred with Mr. Macallister's comments.
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• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell thanked the speakers and summarized the citizen comments. He noted there was
an ethics complaint filed against himself and Mayor Pro Tem Stephens regarding the Hughes
Stadium rezoning. He requested staff input regarding the topic. City Attorney Daggett replied the
City Code lays out the details about the Board of Ethics whose members are Councilmembers
Pignataro, Summers, and Stephens, with Mayor Troxell being the alternate. In the case of a
complaint naming multiple members of the Board, the remaining five members of the Council
become the default Board. The Board must review the complaint within 30 working days, which
will be December 30.
City Attorney Daggett stated the meeting will be a public meeting and the complaining parties are
provided notice of the meeting. At the conclusion of the review, the Board can choose whether
the complaint should move forward for further investigation. If that occurs, the complaint would
move to a more formal process resulting in a formal opinion which would go before Council.
Mayor Troxell stated he intends to recommend postponement of Item No. S, Second Reading of
Ordinance No. 138, 2019, Amending the Zoning Map of the City of Fort Collins by Changing the
Zoning Classification for that Certain Property Known as the Hughes Stadium Site Rezoning and
Approving Corresponding Changes to the Residential Neighborhood Sign District Map.
Councilmember Pignataro stated the "U+2" item will be part of the affordable housing priorities
and strategic planning discussion on March 24.
Mayor Pro Tem Stephens thanked Ms. Miller for her comments and encouraged all citizens and
residents to participate in the 2020 census.
Councilmember Cunniff thanked Mr. Hill for his comments.
• CONSENT CALENDAR
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ken Summers, District 3
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff j
1. Items Relating to 2019 Fee Update. (Adopted)
A. Second Reading of Ordinance No. 130, 2019, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Implement the Phase III Increases for the Capital Expansion Fees and Increase for
Inflation the Capital Expansion Fees and the Transportation Expansion Fee.
B. Second Reading of Ordinance No. 131, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. Second Reading of Ordinance No. 132, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
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D. Second Reading of Ordinance No. 133, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Stormwater Plant Investment Fees.
E. Second Reading of Ordinance No. 134, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
F. Second Reading of Ordinance No. 135, 2019, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Water Supply Requirements Fee.
These Ordinances, unanimously adopted on First Reading on November 5, 2019, update fees
associated with Electric Capacity Fees, Water Supply Requirement Fees, Wet Utility Plant Investment
Fees (PIFs) and Step III of the 2017 Capital Expansion Fees (CEFs). 2019 fee updates include: Electric
Capacity Fees, Water Supply Requirement Fees, Wet (Water, Wastewater and Stormwater) Utility
Plant Investment Fees and Step III of the 2017 Capital Expansion Fees.
2. Second Reading of Ordinance No. 136 2019 Amending Chapter 26 of the Code of the City of
Fort Collins to Clarify the Apolication of Certain Water -Related Fees to Different Forms of
Fraternity and Sorority Housing (Adopted)
This Ordinance unanimously adopted on First Reading on November 5, 2019, amends Chapter 26 of
City Code to clarify the application of certain water -related fees to different forms of fraternity and
sorority housing.
3. Second Reading of Ordinance No. 137, 2019. Authorizing the City's Conveyance of Land to
Facilitate the Replatting of the Lot on which the City's Foothills Activity Center is Located.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 5, 2019, approves the exchange
of deeds between the City, the developer of the Foothills Mall and the owner of the Macy's store in the
Mall. This exchange of deeds is needed to replat the lot on which the City's Foothills Activity Center
(FAC) is now located to eliminate small encroachments that currently exist between the City's FAC lot
and adjacent properties owned by the Mall developer and Macy's. This replatting will remove these
encroachments and ensure that the FAC, as built, is located entirely and correctly within the City's
replatted lot.
4. First Reading of Ordinance No.139 2019 Appropriating Prior Year Reserves for the Purchase
of Property on West Vine Drive. (Adopted)
The purpose of this item is to appropriate prior year reserves in the Storm Drainage Fund to purchase
a portion of the property at 1337 West Vine Drive. This parcel is needed in order to construct the West
Vine Outfall, which is part of the approved West Vine Basin Master Drainage Plan.
5. First Reading of Ordinance No. 140, 2019, Appropriating Prior Year Reserves in Various City
Funds to Reimburse Capital Expansion and Utility fee Funds and Housing Catalyst for Fees
Waived for the Mason Place Affordable Housing Pro ect. (Adopted)
The purpose of this item is to appropriate funds from the Affordable Housing Capital Fund in the
Community Capital Improvement Program and General Fund reserves to reimburse certain City
Departments and Housing Catalyst for fees that were waived for the Mason Place affordable housing
project.
6. Resolution 2019-106 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, the Town of Windsor and the City of Greeley for the Operation of the
Poudre Express. (Adopted)
The purpose of this item is to authorize the execution of an Intergovernmental Agreement (IGA) with
Greeley Evans Transit (GET) for the operation of the Poudre Express, the new regional fixed route
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bus service between Greeley and Fort Collins. GET will operate the Poudre Express, with runs
between Greeley and Fort Collins. This will be funded through cooperation with GET and partner
agencies, including the Town of Windsor and City of Fort Collins.
7. Resolution 2019-107 Concerning the Fort Collins Urban Renewal Authority and Its Tax
Increment Revenue Refunding Bonds (Prospect South). Series 2019; Declaring the City
Council's Present Intent to Appropriate Funds to Replenish the Reserve Fund Securing Such
Bonds, If Necessary; and Authorizing a Cooperation Agreement and other Actions Taken in
Connection Therewith. (Adopted)
The purpose of this item is for the City Council to consider a Replenishment Resolution, which both
provides a "Moral Obligation Pledge" to the Fort Collins Urban Renewal Authority (URA) and approves
a Cooperation Agreement between the City and the URA in connection with the revenue bond
issuance considered by the URA Board at its November 7, 2019 meeting.
In 2013, the City loaned the URA $5 million to reimburse a developer for eligible expenses as part of
the Summit development in the Prospect South Tax Increment Financing District (Prospect South TIF
District). In 2014, the City loaned the URA $274,000 for eligible expenses related to the Prospect
Station development in the Prospect South TIF District. The City has requested the URA to consider
refinancing these loans to free up the $5 million for investing in other community priorities. The URA
may also benefit from refinancing by being able to issue bonds with lower interest rates than the
existing loan. As part of this refinance, the URA is seeking a moral obligation from the City for this
bond issuance. The moral obligation would result in improved bond ratings and reduced debt service
costs to the URA.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tern Stephens noted the new permanent supportive housing Mason Place development
for which fees were waived as part of Item No. 5, First Reading of Ordinance No. 140, 2019,
Appropriating Prior Year Reserves in Various City Funds to Reimburse Capital Expansion and
Utility fee Funds and Housing Catalyst for Fees Waived for the Mason Place Affordable Housing
Project.
Mayor Troxell commented on the housing provided by Housing Catalyst, stating the organization
is an important part of the community.
City Manager Atteberry clarified there is not currently a planned discussion around the occupancy
ordinance as suggested by Councilmember Pignataro. He thanked Mr. Hill for his comments.
• STAFF REPORTS
A. _Community Dashboard Metric -Average Number of Transfort Riders per Hour of Operation (staff: Drew
Brooks)
Drew Brooks, Transfort and Parking Services Director, discussed the community dashboard metric
of average number of Transfort riders per hour of operation. He noted the metric is aligned with
a strategic objective related to transportation and a Council priority related to increasing Transfort
ridership. The average number of riders per hour tends to fluctuate with the college calendar, but
the average number of riders over the entire system and across the calendar year, is 32. He stated
this number is above the national average for fixed bus service.
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Mayor Pro Tem Stephens asked which route is the next busiest beyond West Elizabeth. Brooks
replied it would be the North College routes.
Councilmember Summers asked if passenger count data is available for all routes. Brooks replied
that could be provided to Council in memo form.
Councilmember Summers asked if all routes have half hour turn times. Brooks replied in the
negative stating some have hour turn times. He noted those times do affect ridership.
B. Halligan Water Supply Proiect Update {staff: Carol Webb, Eileen Dornfest}
Eileen Dornfest, Utilities Special Projects Manager, stated the Halligan Water Supply Project is
days away from reaching a critical milestone in the federal permitting process after 13 years. She
discussed the project and its alignment with environmental health strategic objectives and outlined
the importance of the project for Fort Collins Utilities customers. She noted the project is the most
cost-effective option for providing a reliable water source.
Dornfest stated the draft Environmental Impact Statement will be released on November 22, after
which there will be a public input period including a public hearing on January 13.
Mayor Pro Tem Stephens requested staff input on the timeline after the public comment period.
Dornfest replied the public comments are evaluated and the Army Corps of Engineers then
assesses comments and develops the final Environmental Impact Statement which will likely take
one to two years. There are also additional state and county permitting processes. Construction
would likely be in the 2024-2025 timeframe.
• COUNCILMEMBER REPORTS
Councilmember Summers reminded the community about the giving trees around the community
that allow individuals to provide gifts to families in need and about Colorado Gives Day.
Mayor Pro Tem Stephens reported on the Metropolitan Planning Organization meeting, the
Veteran's Day brunch, a Senior Center Friends meeting, the County Health Department legislative
breakfast, and the Climate Action Plan 20-year celebration.
Councilmember Gorgol reported on a NoCo Housing Now meeting, facilitating a panel discussion
for Housing Our Future, and the Gardens on Spring Creek ribbon cutting ceremony.
Councilmember Gutowsky reported on the Solinator Garden ribbon cutting ceremony and a visit
to Legacy Apartments with Senator Joann Ginal.
Councilmember Pignataro reported on the Solinator Garden ribbon cutting ceremony and
Shepardson Elementary School's STEM night.
Councilmember Summers reported on the Solinator Garden ribbon cutting and a community
library ribbon cutting in Oakridge.
Mayor Troxell reported on the Gardens on Spring Creek reopening, the Veteran's Day breakfast,
the Climate Action Plan 20-year celebration, the Solinator Garden ribbon cutting, his participation
in the holiday lighting ceremony at Anheuser-Busch, and a Holocaust Awareness Week speaking
engagement by a relative of Anne Frank.
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• DISCUSSION ITEMS
8. Second Readinq of Ordinance No. 138, 2019, _Amending the Zoninq _Map of_ the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Hughes
Stadium Site Rezoning and Approving Corresponding Changes to the Residential
Neighborhood Sign District May. (Postponed to January 21, 2020)
This Ordinance, adopted on First Reading by a vote of 4-3 (Nays: Cunniff, Gutowsky, Pignataro),
rezones 164.55 acres located on the west side of Overland Trail and north of CR32, with one condition,
and to place the property into the Residential Sign District. City Council initiated the rezoning on July
16, 2019 and directed City staff to prepare a rezoning application and make a recommendation
regarding the appropriate zoning. The site is currently zoned Transition (T) and staff recommends
placement into the Residential Foothills (RF) and Low -Density Mixed -Use Neighborhood (LMN) zone
districts. A recommended condition of the rezone requires that future development in the portion zoned
Residential Foothills district meet the requirements of a Cluster Plan pursuant to Land Use Code
Section 4.3(E)(2). The request places the property into the Residential Sign District. The Planning and
Zoning Board on a 4-2 vote recommended that City Council not adopt the staff proposed zoning and
instead zone the property entirely Residential Foothills.
Mayor Troxell requested a motion to postpone consideration of this item until January 21.
Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to postpone
consideration of Ordinance No. 138, 2019.
Eric Sutherland commented on a day care proposal in the Bucking Horse neighborhood that went
before the Planning and Zoning Board and discussed a visit to the Planning and Zoning Board by
Mayor Troxell and Councilmember Martinez which resulted in an Ethics Review Board complaint.
An unidentified citizen thanked Council for postponing the item.
Mary Grant thanked Council for postponing the item.
Nick Fry thanked Council for postponing the item and stated he wants the process to be open and
transparent. He stated the fact that Mayor Troxell and Mayor Pro Tern Stephens are employed by
CSU is a conflict of interest on the Hughes Rezoning vote.
Mayor Troxell noted he and Mayor Pro Tern Stephens both declared their employer status and
stated they did not believe a conflict existed prior to the First Reading hearing. He stated Council
is committed to a transparent process.
Councilmember Summers stated it is important to understand the process will unfold based on
legal guidelines and not personal feelings.
RESULT: SECOND READING OF ORDINANCE NO. 138, 2019, POSTPONED TO
JANUARY 21, 2020 [UNANIMOUS)
MOVER: Ross Cunniff, District 5
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
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• OTHER BUSINESS
Executive Session Authorized.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, that the City
Council go into executive session, as permitted under Article Two, Section Eleven of the City
Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-
402(4)(f)(I), for the purpose of continuing the annual reviews of the Chief Judge, City Manager
and City Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council went into Executive Session at this point in the meeting and
returned at 8:38 p.m.)
Councilmember Gorgol requested and received Council support for staff to examine banning
flavored vaping products and placing a sales tax on vaping products.
Councilmember Summers stated it is prudent to raise the age limit to 21, have licensing, and
required ID scans. He noted there are some legitimate vaping uses for nicotine cessation for
adults. He would not rush to ban flavored sales.
Councilmember Cunniff stated he would like to see options related to how tobacco products
are marketed and sold in Fort Collins..
Mayor Pro Tern Stephens stated she would like to examine the flavored issue.
City Manager Atteberry suggested staff participate in the County Health Department's
conversations and report back on a regular basis while bringing forth options, should the
Council and City desires vary from the County.
Councilmember Summers stated elderly residents have been negatively impacted by the
stormwater runoff fees resulting from the Strauss Cabin Road Annexation. He thanked City
Manager Atteberry for giving personal attention to the matter but asked if there was some room
for a waiver consideration until a change of ownership occurs.
Councilmember Cunniff suggested staff provide a memo outlining the history of the issue then
plan for a Council discussion. City Manager Atteberry stated he would provide that
information.
Mayor Troxell stated he would like some information on how a waiver might set a precedent.
Councilmember Summers asked about Code provisions related to roof replacement and stated
the ice barrier requirement is preventing the overlay of shingles. He asked if staff could
examine some type of flexibility related to that in order to help reduce shingle waste. City
Manager Atteberry stated he would align appropriate staff members.
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Mayor Troxell mentioned Mr. Eggleston's comments related to the occupancy ordinance.
Councilmember Gorgol replied NoCo Housing Now presented a report on data related to
families living together in less traditional ways.
• ADJOURNMENT
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, that Council
adjourn this meeting to 6:00 p.m., on Tuesday, November 26, 2019, for consideration of a possible
executive session and for such other business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
The meeting adjourned at 9:00 PM.
ATTEST:
114,91
1.0
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