HomeMy WebLinkAboutMINUTES-08/20/2019-RegularAugust 20, 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
ABSENT: None
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• PUBLIC COMMENT
Nathan Myrick, The Forge Publick House, supported plan B to not remove as much parking as
part of the Linden Street convertible street project.
Adam Eggleston requested an update regarding the "U+2" ordinance and asked if extra occupancy
limits or waivers could be used to aid individuals transitioning from homelessness to stable
housing. He also discussed the possibility of employee housing programs to aid in affordability.
Toby Gadd, Nuance Chocolate, opposed the Linden Street convertible street project stating it is
being revamped as an event space which is not needed in Old Town as events take away business
from retailers.
Forrest Carlson, Copea Permaculture, LLC, discussed Aspen's affordable housing requirement that
10% of every multi -unit development must be affordable. He also opposed the Larimer County
jail expansion and suggested the money should go toward mental health and addiction treatment.
Wally Van Sickle, owner of 201 Linden Street, supported option B for the Linden Street renovation
project and supported maintaining diagonal parking. He noted events do not increase sales for
local businesses.
Carolyn Mita opposed the permanent closure of Transfort southbound route 12.
Eloisa (no last name given) discussed a tree near her house that she feels is dangerous and has yet
to be removed by the property manager of Hickory Village.
George Grossman, Happy Lucky's Teahouse, stated removing 30 parking spaces from Linden
Street is a direct threat to the economic vitality of businesses on Linden and surrounding areas.
Edith (no last name given), Hickory Village resident, expressed concern about the safety of
children in her neighborhood if a homeless campus were to be constructed nearby.
Debra James suggested the possibility of involving homeless residents in constructing the mental
health center and possible new shelter.
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area businesses, would move to parallel parking on Linden Street, which would eliminate up to 38
parking spaces. He noted over 200 parking spaces have been added with parking structures in the
area. He stated the City believes these improvements will be a direct enhancement to business.
• CONSENT CALENDAR
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items on the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
Consideration and Approval of the Minutes of the July 2 and July 16 2019 Re ular Council
Meetings and the July 30, 2019 Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the July 2 and July 16, 2019 Regular Council
meetings and the July 30, 2019 Special Council meeting.
Second Reading of Ordinance No. 092, 2019, Appropriating Prior Year Reserves in the General
Fund for the Police Interview Room Camera Replacement. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 16, 2019, appropriates 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.
3. Items Relating to 2018 International Code Amendments. (Adopted)
A. Second 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. Second Reading of Ordinance No. 095, 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 Residential Code.
These Ordinances, unanimously adopted on First Reading on July 16, 2019, revise two Code
requirements first proposed in both the International Building Code (IBC) and the International
Residential Code (IRC). The first proposed change relates to an asphalt shingle roof covering
requirement exemption where compliance is difficult given certain circumstances. 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.
4. Second Reading of Ordinance No. 096, 2019, Approving the Waiver of Certain Fees for the
Mason Place Affordable Housing Proiect. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 16, 2019, approves 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
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($123,963), which will be paid from funds already appropriated in the Engineering Department's
Pedestrian Program and the FC Moves Department's CCIP - Bike Plan Implementation fund. A total
of $4,959 is provided for Art in Public Places for the Project.
9. First Reading of Ordinance No. 102 2019 Amendino Section 2-569 of the Code of the City of
Fort Collins Regarding the Ethics Review Board. (Adopted)
The purpose of this item is to consider a change to City Code Section 2-569(d)(1) to extend the time
for initial screening of an ethics complaint by the Ethics Review Board from ten working days to thirty
working days, plus an additional fourteen days in the event of extenuating circumstances.
10. First Reading of Ordinance No. 103, 2019, Adding a New Article X11 to Chapter 12 of the Code
of the City of Fort Collins Relating to the Cultivation and Extraction of Hemp. (Adopted)
The purpose of this item is to regulate the personal cultivation of hemp within the City of Fort Collins
in the same manner that marijuana cultivation is regulated.
11. First Reading of Ordinance No. 104 2019 Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
The purpose of this item is to make amendments to the Land Use Code. There are proposed revisions,
clarifications and additions to the Code that address specific subject areas that have arisen since the
last update was initiated in the spring of 2019.
12. First_ Reading of Ordinance No. 105, 2019, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements in Connection with
the Realigned _Lemay Avenue Bridge over Vine Drive and _Burlington Northern Santa Fe
Railroad Tracks. (Adopted)
The purpose of this item is to seek authorization from City Council to use eminent domain, if necessary,
to acquire property interests along Realigned Lemay Avenue. The acquisitions will include purchase
of rights -of -way and permanent easements from three property owners. To meet project construction
timelines, timely acquisition of the property interests is necessary. Staff fully intends to negotiate in
good faith with the affected owners and is requesting authorization to use eminent domain only if
project staff and the City Attorney's office believe such action is necessary after reasonable efforts to
negotiate an acquisition.
This action would ensure the City can secure all the right-of-way required to build the entire project
and complete the right-of-way acquisition phase of the project. There may still be a need for acquisition
of future temporary construction easements, but no additional permanent right-of-way acquisition.
13. First Reading of Ordinance No. 106, 2019, Authorizing the Termination of the Declaration of
Covenants, Conditions, Restrictions and Easements for Inverness Innovation Park. (Adopted)
The purpose of this item is to authorize the termination of a restrictive covenant that is obsolete and
no longer beneficial to property on East Vine Drive.
14. Resolution 2019-086 Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services. (Adopted)
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black-market marijuana activity for Fort Collins Police Services.
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• STAFF REPORTS
Neighborhood Party and Noise Enforcement. (staff: Jerry Schiager)
Jerry Schiager, Police Lieutenant, stated parties create ongoing nuisance issues related to noise
and commotion as well as have the potential to develop into large riotous gatherings that have the
potential to cause property damage and pose threats to public safety. He discussed ways in which
Police Services officers attempt to decrease the potential for these types of gatherings, including
the annual Community Welcome, the party registration program, and CSU's Party Partners classes.
He noted party complaints and parties receiving citations have decreased over the past years.
Councilmember Cunniff commended the work of Police Services and noted the impact of those
engaged in improper behavior is disproportionate to their numbers.
Councilmember Gorgol commended the proactive approach of Police Services.
Poudre River Library District. (presented by David Slivken, Executive Director)
David Slivken, Poudre River Public Library District Executive Director, discussed the formation
of the District and its funding sources. He highlighted services provided and discussed the recently
adopted 20-year master plan for the District which recommends the expansion of the Council Tree
library, the addition of a new north location, and the formation of a central high -impact innovation
hub.
Mayor Pro Tern Stephens thanked Mr. Slivken for the report and commended the social
infrastructure provided by the libraries.
Councilmember Gorgol stated she was part of the master planning committee and commended the
library outreach team.
Councilmember Gutowsky commended the work of Sara Scobee, the non-profit resources
librarian.
Councilmember Summers asked if the Master Plan is calling for a complete relocation of the
Council Tree library. Mr. Slivken replied it calls for an expansion from the existing 17,000 square
feet. Staff is working with mall owners to expand the space to 40,000 square feet.
• COUNCILMEMBER REPORTS
Councilmember Cunniff noted Council directed the Legislative Review Committee to look at the
humanitarian issues that have been reported at the border. He stated the Committee put together a
draft resolution; however, the sense of the majority of the Committee was to try to address specific
issues identified during the development of the resolution, including assuring full census
participation, getting an update on community trust education and outreach efforts, and to engage
in a dialogue with CSU's Center for Public Deliberation and Congressman Neguse.
Councilmember Gorgol stated the general public may not understand the meaning of the
community trust ordinance and the City needs to assure immigrants they are safe and welcome in
Fort Collins.
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Lilliana (no last name given) urged the passage of the resolution including language related to
giving full acknowledgement to indigenous people of their ancestral homelands, including
indigenous views on the Climate Action Plan committee, and adding education as a requirement.
Sage Wilson stated education of citizens is important and encouraged Council to focus on the end
goal of securing the future of the environment.
Big Wind, Northern Arapaho Tribe, stated Council needs to make a commitment to ensure clean
water, air, and land for generations to come.
Elizabeth Hudetz discussed the importance of citizens making meaningful changes to fight climate
change and encouraged adoption of the resolution.
Mikala Connell encouraged adoption of the resolution including the placement of indigenous
people as leaders.
Harry Michaels stated he is proud to live in a city that is taking the threat of global climate change
seriously. He stated education is key in achieving the City's goals and encouraged an education
campaign that would bring residents in as stakeholders and lead to a collective effort toward
reducing the carbon footprint. He supported adoption of the resolution.
Leeann Sullivan discussed the importance of being honest about the immediacy of the climate
crisis and the social and political inequities at its roots.
Phil Friedman supported adoption of the resolution including the Fort Collins Sustainability
Group's recommended changes.
Kevin Bowler supported the resolution including additional acknowledgement of the traditional
ecological knowledge possessed by indigenous people.
Danielle (no last name given) supported adoption of the resolution with the Fort Collins
Sustainability Group's recommended changes.
KJ Borilla thanked Council for considering this item and discussed the importance of education
for citizens about the climate crisis.
Nick Francis supported adoption of the resolution including the requirement for a periodic review
of Climate Action Plan goals.
Robert Havis thanked Council and the City for their commitment to climate action.
Margit Hentschel encouraged adoption of the resolution including language acknowledging
impacts on indigenous people.
Erica Finch urged Council to consider the wishes of its constituents.
Sherry Due encouraged Council to provide representation and leadership.
Bill Simpson encouraged the inclusion of a strong educational component.
Jonathan Boeke supported adoption of the resolution.
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Councilmember Cunniff made a motion, seconded by Councilmember Pignataro, to amend the
original motion to include various amendments.
Councilmember Summers suggested a language change from "climate emergency" in order to
engage as many people as possible. Councilmembers Cunniff and Pignataro accepted the
amendment as friendly to change the wording to "urgent need for climate action".
Councilmembers discussed language changes related to engagement. Deputy City Manager
Mihelich suggested "to engage and partner with".
Councilmembers made additional wording changes which were accepted as friendly amendments
by Councilmembers Cunniff and Pignataro.
The vote on the motion to amend was as follows: Yeas: Stephens, Troxell, Gutowsky, Cunniff,
Gorgol, Summers and Pignataro. Nays: none.
THE MOTION CARRIED.
RESULT: RESOLUTION 2019-091 ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
20. First Reading of Ordinance No. 107,2019, Approving a Settlement Aqreement in the Fort Collins
Mennonite Fellowship v. City of Fort Collins Lawsuit and as Contemplated Under the
Agreement, Amending the Conditions Previously Imposed in City Council Resolution 2018-104
that Approved the Fort Collins Mennonite Fellowship's External Storage Lockers Minor
Amendment. (Adopted on First Reading)
This Ordinance is being presented to City Council for it to consider approval of a proposed settlement
of the lawsuit the Fort Collins Mennonite Fellowship (Fellowship) and its pastor Steve Ramer filed last
year in federal district court against the City and City Council. The Fellowship and Pastor Ramer sued
the City and Council challenging the four conditions the Council imposed in October 2018 on the
Fellowship's installation and operation of outdoor lockers at its 300 East Oak Street church building it
wished to make available to individuals experiencing homelessness (Locker Program). These four
conditions were imposed as part of the Council upholding on appeal the Planning and Zoning Board's
previous approval of the Fellowship's application for a minor amendment under the City's Land Use
Code to allow the Locker Program.
Under the proposed settlement, the existing four conditions will be replaced with ten new conditions,
the City will pay $60,000 to reimburse the Fellowship and Pastor Ramer for the attorney fees and costs
they have incurred in the lawsuit and the lawsuit will be dismissed with prejudice.
Since there is no prescribed hearing procedure in the City Code or Land Use Code for City Council's
consideration of this Ordinance, it is recommended that the public hearing be conducted as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Staff presentation
4. Presentation by the Fellowship (suggested time: 20 min.)
5. Presentations by parties -in -interest (suggested time: 20 min.)
6. Public testimony concerning the Ordinance
7. Councilmember questions of City staff, Fellowship, and parties -in -interest
8. Motion, discussion and vote by City Council.
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Martha Roden discussed the growing incidents of poverty and homelessness in Fort Collins,
particularly seniors and disabled individuals. She stated the lockers will provide peace of mind
for homeless individuals.
Chloe (no last name given) supported the locker program stating not all homeless individuals are
addicted to drugs or alcohol.
Debra James supported the locker program stating it would have benefitted her greatly during the
time she was homeless.
Will Rochelle supported the locker program.
Robert Havis supported the locker program.
Bill Steffenhagen stated there is a worldwide homelessness problem and commended the locker
program as being functional.
Denise Steffenhagen supported the locker program.
Councilmember Pignataro asked if the lawsuit would continue if the ordinance is not approved.
City Attorney Daggett replied in the affirmative.
Councilmember Pignataro asked if the lawsuit is only related to the conditions placed on the
program by the last Council. City Attorney Daggett replied the Iawsuit raises other broader issues
such as whether the City properly required the church to get a minor amendment.
Councilmember Pignataro asked if the church could run the locker program as it sees fit if the
lawsuit moved forward and the City was found to be liable. Deputy City Attorney Duvall replied
there are certain scenarios in which all of the conditions could be eliminated.
Councilmember Pignataro asked how the church will be defining success with the program. Mr.
Connolly replied the definition of success of the program is not relevant to the consideration of the
settlement agreement.
Councilmember Pignataro asked how the church prioritizes who gets a locker. Mr. Connolly
replied individuals can apply to the church to be part of the program.
Councilmember Pignataro asked if there are statistics related to crime in the area. Kevin Cronin,
Assistant Police Chief, replied there has been an increase in crime in the area since last October
when he first spoke to Council.
Councilmember Cunniff requested updates on community policing efforts in the area regardless
of how Council votes on this ordinance.
Mayor Troxell noted lockers are available at the Murphy Center and there are better practices that
have shown success.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt
Ordinance No. 107, 2019, on First Reading.
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RESULT:
ADOPTED [6 TO 1]
MOVER:
Ross Cunniff, District 5
SECONDER:
Kristin Stephens, District 4
AYES:
Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
21. First Reading of Ordinance No. 108 2019 Amending Article XVII Section 15 of the Code of the
City of Fort Collins Relating to Short Term Rentals. (Adopted on First Reading)
The purpose of this item is to codify regulations addressing existing short-term rental (STR) licenses
in multi -family buildings, to decriminalize short-term rental offenses, and to clarify that the thirty -day
limit in Section 15-646 was intended to be calendar days. These actions come after multiple work
sessions and outreach.
Ginny Sawyer, Policy and Project Manager, stated this item amends the existing short-term rental
code, particularly to address units in multi -family buildings, and make clarifications. She
discussed the history of the short-term rental licensing program in the city.
Sawyer detailed the proposed amendments to not issue a short-term rental license in a multi -family
building that does not meet R 1 standards and impose minimum safety requirements for the existing
60 licenses of this type.
Jonathan Boeke stated he would like this work to continue for short-term rentals in general and
not just those in multi -family buildings. He questioned how to report non -licensed short-term
rentals and encouraged a City -directed public relations effort aimed at educating residents on
reporting issues.
Adam Eggleston thanked staff for their outreach efforts. He asked how many of the 60 units in
question would be able to reasonably comply with the minimal safety standards and whether the
City has looked into the cost of those improvements.
Kathryn Dubiel read a statement from Elizabeth Derbyshire related to an ambiguous definition of
a non -primary short-term rental and other issues.
Paul Patterson continued Ms. Derbyshire's statement expressing concern about the inclusion of
placing short-term rental standards on multi -family buildings. She also suggested Council request
a study of the ramifications of allowing short-term rentals in multi -family dwellings and requested
Council delay any action on the ordinance until the study and a community conversation have
taken place.
Laura Jacobsen expressed concern about onerous safety requirements for short-term rentals in
multi -family buildings. She stated there is no evidence that short-term rentals are at increased risk
of fires.
Chris Jacobsen stated every use listed in the R 1 classification that is proposed for short-term rentals
are commercial uses whereas short-term rentals are residential. He noted the City specifically lists
short-term rentals as a separate use from a hotel or motel. He requested Council allow him to keep
his grandfathered status with the short-term rental license until this can be further evaluated and
that Council reconsider staffs original recommendation that if a building has less than 25% of its
dwelling units occupied by short-term rentals, the building would remain R2.
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Councilmember Cunniff stated he supported the grandfathering provisions but encouraged staff to
attempt to prevent future grandfathering situations.
RESULT:
ORDINANCE NO. 108, 2019, ADOPTED ON FIRST READING [5 TO 21
MOVER:
Kristin Stephens, District 4
SECONDER:
Ross Cunniff, District 5
AYES:
Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS:
Pignataro, Summers
22. Resolution 2019-092 Al2Rroving the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Postponed to September 3)
The purpose of this item is for City Council to consider approval of the Northfield Metropolitan District
Nos. 1 through 3 Consolidated Service Plan (the "Service Plan'). The developer of the proposed
Northfield Development has submitted the Service Plan to support the proposed development of
approximately 56 acres located north of Vine Street on the west side of Lindenmeier Road/Lemay
Avenue (southeast of the Lake Canal and north of the to -be designated historic Alta Vista
neighborhood). The development is anticipated to include 442 residential units and a mixed -use center
that will offer light commercial use on the first floor, residential for -rent units on the second floor, and
small amenities open to the public. The project has committed to provide approximately 15 percent
for -sale affordable housing units. A Mill Levy Cap of 50.00 mills has been proposed under the Service
Plan to support the project.
As per the Council's Metro District Policy, proceedings for a public hearing for a Metro District Service
Plan public hearing are as follows:
1. Announcement of item
2. Consideration of any procedural issues
3. Explanation of the application by City staff
4. Presentation by the applicant (suggested time: 15 minutes)
5. Public testimony regarding the application
6. Rebuttal testimony by the applicant (suggested time: 10 minutes)
7. Councilmember questions of City staff and the applicant
8. Motion, discussion and vote by City Council.
RESULT: NO ACTION TAKEN
• OTHER BUSINESS
Councilmember Gorgol stated the Human Relations Commission has requested the City look at
creating a formal response for bias -motivated or hate -based events.
Councilmember Cunniff supported the idea and suggested starting with an examination of the
current process and costs associated with various responses.
Mayor Pro Tern, Stephens stated she could support some type of response; however, she questioned
what parameters would exist.
Mayor Troxell stated these types of responses need to be made on a case by case basis as there are
too many variables that exist.
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