HomeMy WebLinkAboutMINUTES-09/03/2019-RegularSeptember 3, 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 he is requesting a continuance of Item No. 13, Resolution 2019-092
Approving the Northfield Metro District Nos. 1 through 3 Consolidated Service Plan, to September
17 to allow staff time to work with the developer to gain additional energy efficiency options for
the development.
• PUBLIC COMMENT
Eric Sutherland discussed the lawsuit brought against the City by the Colorado Oil and Gas
Commission striking down a citizen -initiated ordinance. He stated the City Attorney's Office
should well understand the reality of preemption of local laws and opposed the Office's
interpretation of the open meetings law.
Kathleen Benedict, Poudre Heritage Alliance Executive Director, thanked Council for its
partnership in the federally designated National Heritage Area. She announced the emeritus dinner
honoring individuals who have played key roles in the designation of the Area.
Susan Wilmer, Old Firehouse Books, stated many business owners object to the Linden Street
redevelopment plan that removes on -street parking spaces. This parking loss will negatively
impact the businesses in the area as people do not want to use parking garages.
Hannah Little, Women's Commission Chair, recognized September as National Recovery Month.
Manny Sanistivan, ASCSU, introduced Ben Amundson, ASCSU President, and McCay Armbrust,
Deputy Director of Governmental Affairs. Mr. Amundson thanked Council for attending the
community welcome walk and discussed the year's ASCSU initiatives including scooter safety,
communication about the City's broadband program, and housing policy.
Patricia Miller discussed a vigil her organization and others organized to speak out against the
detention centers at the border. She requested Council raise its voice for current detainees and she
read a resolution she would like Council to adopt.
Ray Martinez congratulated Council and the City on the beginning of the Connexion broadband
service.
Sue McFadden, Partners in Climate Action (PICA), requested Council adopt PICA's guidelines
for metro districts related to energy efficiency and affordable housing.
City of Fort Cotlins Page 233
September 3, 2019
Meg Dunn thanked CSU for installing the Shields underpass at Elizabeth and commended the
Pitkin bikeway crossing on Shields.
Deborah James opposed bus schedule changes on South College Avenue and stated lower ridership
numbers are due to lower population numbers.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the citizen comments.
Councilmember Summers noted Mr. Sutherland already left the meeting but stated the executive
sessions to which he referred have not yet taken place and none are planned. Additionally, he
recognized Recovery Month and Mental Health Awareness Month and stated he would be hosting
a community conversation on mental health and substance abuse later in the month.
Mayor Pro Tern Stephens thanked the ASCSU representatives and stated scooter safety is
paramount. She stated she would support a resolution as mentioned by Ms. Miller; however, a
decision was made by the Legislative Review Committee to have a facilitated dialogue prior to
taking action. She noted Council is still concerned about this issue.
Councilmember Cunniff stated the Legislative Review Committee met twice about the resolution
opposing conditions at the border; however, the feeling of the committee as whole was that there
were some more impactful things that could be done in the interim. He stated Council would also
like to receive an update on the community trust resolution.
Councilmember Cunniff thanked the ASCSU representatives and stated he would like to set up a
meeting to hear more about the proposed initiatives. He noted overall housing affordability is a
Council priority and requested an update related to when this conversation will occur during the
Council term and when it will occur relative to other metro district applications. Deputy City
Manager Jeff Mihelich replied the conversation around affordable housing is expected to be
brought before Council in the next several months and recommended a separate worksession
should Council want to dive more deeply into the conversation as related to metro districts.
Councilmember Cunniff asked if the Linden Street project is considered City -initiated with a
complete review process, including a review by Council. City Manager Atteberry replied the
scope for the project does not currently include an additional review by Council. The current
schedule calls for a mid -October decision to move into the request for proposal process to select a
contractor in time for a spring and summer build. City Manager Atteberry stated there will be an
additional memo to Council outlining the process thus far and staff will be meeting specifically
with business owners who are opposed to the option that is emerging as the preferred option.
Councilmember Gorgol asked if the work session on metro district affordable housing will take
place before or after the review of Northfield. Josh Birks, Economic Health and Redevelopment
Director, replied the work session is not currently on the calendar, and in order for Northfield to
make the November election, it will need to be considered by Council on September 17. He stated
he will give Council's feedback to the developer.
Councilmember Gorgol stated she believes Council can both have a resolution and community
conversation related to conditions at the border and the impact to immigrants in Fort Collins.
City of Fort Collin Pagw234
September 3, 2019
Councilmember Gutowsky stated she was glad to hear there will be additional talks with concerned
business owners on Linden Street.
Mayor Pro Tern Stephens thanked Ms. Jones for her comments on changing bus routes and asked
for a memo on which routes have changed. She asked if there is a phone number individuals can
call to get updated information. Dean Klinger, Interim Planning, Development, and Transportation
Director, replied the best information is on ridetransfort.com, including a contact phone number.
Councilmember Pignataro stated she would also support a resolution as well as a community
conversation relating to conditions at the border and the impact to immigrants in Fort Collins.
• CONSENT CALENDAR
Councilmember Summers withdrew Item Nos. 9, First Reading of Ordinance No. 111, 2019,
Amending Section 17-142 of the Code of the City of Fort Collins Regarding Public Nudity, and 10,
Resolution 2019-093, Affirming that Digital Billboard Regulations Are Not a Council Priority,
from the Consent Agenda.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
1. Second Reading of Ordinance No.101, 2019, Making Appropriations and Authorizing Transfers
of Appropriations for the Safe Routes to School Program and Grant From the Colorado
Department of Transportation and Related Art In Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, requests an appropriation
of $495,851 in unappropriated funds received through a grant for the Safe Routes to School program
(part of the City's FC Moves Department). The Colorado Department of Transportation (CDOT) has
awarded a $495,851 grant for design and construction of a new bicycle and pedestrian crossing at
West Drake Road and Hampshire Road recommended in the City's 2014 Bicycle Master Plan. This
project will provide a crossing for K-8 students connecting to nearby Blevins Middle School and
Olander Elementary, while also supporting the completion of the low -stress Hampshire Bikeway. This
project requires a 20% local match ($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.
2. Second Reading of Ordinance No. 102, 2019, Amending Section 2-569 of the Code of the City
of Fort Collins Regarding the Ethics Review Board. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, changes 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.
City of Fort Cotlim Page 235
September 3, 2019
3. Second Reading of Ordinance No. 103,2019, Adding a New Article XII to Chapter 12 of the Code
of the -City of Fort Collins Relating to the Cultivation and Extraction of Hemp. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, regulates the personal
cultivation of hemp within the City of Fort Collins in the same manner that marijuana cultivation is
regulated.
4. Second Reading of Ordinance No. 104 2019 Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
5.
This Ordinance, unanimously adopted on First Reading on August 20, 2019, makes amendments to
the Land Use Code. The 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.
Railroad Tracks. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, seeks 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.
6. Second Reading of Ordinance No. 106 2019 Authorizinq the Termination of the Declaration of
Covenants, Conditions, Restrictions and Easements for Inverness Innovation Park. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 20, 2019, authorizes the termination
of a restrictive covenant that is obsolete and no longer beneficial to property on East Vine Drive.
7. First Reading of Ordinance No. 109, 2019 Appropriating Prior Year Reserves in the General
Fund for the Waste Innovation Program. (Adopted)
The purpose of this item is to move $51,275 accumulated during 2018 in the Waste Innovation Fund
account into the City's General Fund account for approved projects to develop new organizational
processes that enable departments to divert more waste material from landfill disposal.
8. First Reading of Ordinance No. 110, 2019, Increasing the Current Loan Fund Available for the
Epic Loan Program and Appropriating Funds for the Program From Reserves In the Light and
Power Fund. (Adopted)
The purpose of this item is consideration of an Ordinance to increase from $1.6 million to $2,488,350
the revolving loan fund available in the Utilities' Light and Power Fund to provide loans to Utilities'
customers under the Epic Loan Program (Program) and to appropriate these funds for the Program.
This increase in the loan fund is the result of the City recently receiving for the Program a grant of
$200,000 from the Colorado Energy Office and a grant of $688,350 from Bloomberg Philanthropies.
The Program, formerly known as the On -Bill Utility Financing Program, provides low-cost financing to
Utilities' customers for energy efficiency, water efficiency, and renewable energy improvements.
City of Fort Collins Page 236
September 3, 2019
The Ordinance also provides that this loan fund will increase by three proposed future borrowings by
the City's Electric Utility Enterprise from third -party lenders as these borrowings are approved by the
Board of the Enterprise. These borrowings are: (i) up to a $1 million loan from the Colorado Energy
Office, (ii) up to a $2.5 million loan from U. S. Bank (to be considered by the Board of the Enterprise
at this September V meeting), and (iii) up to a $1.5 million loan from either the Colorado Clean Energy
Fund or a bank partnering with it (Enterprise Borrowings). If the Enterprise Borrowings are approved
by the Enterprise Board, the revolving loan fund for the Program will be increased under the Ordinance
to $7,488,350.
This item was discussed at the July 15, 2019, Council Finance Committee meeting with support to
bring forward the included ordinance for full Council consideration.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Stephens mentioned Item No. 8, First Reading of Ordinance No. 110, 2019,
Increasing the Current Loan Fund Available for the Epic Loan Program and Appropriating Funds
for the Program From Reserves in the Light and Power Fund, stating these funds will enable
people to borrow money to help make their homes more energy efficient and will allow owners of
multi -family buildings the opportunity to make them more energy efficient. She noted this will
aid in meeting climate action goals and provides lower interest loans that can be paid back on
utility bills.
City Manager Atteberry noted the Utilities homepage of fcgov.com contains information about the
Epic Loan Program.
• STAFF REPORTS
A. Actual Cumulative Revenue Compared to Budget & Accuracy of Cumulative-Budgetinq Expenses.
Lawrence Pollack, Budget Director, stated he will be discussing the cumulative revenue compared
to the budget and the accuracy of cumulative budget expenses. Both metrics fall within the High
Performing Government Outcome Area and link to two specific strategic objectives: providing
world -class municipal services to residents and business and leveraging data technology and
metrics in helping evaluate the performance delivery to the community.
Pollack stated all major revenue sources are on track for 2019; however, there are implications for
2020 that will be discussed at next week's worksession. He stated expenses do not include large
capital projects and detailed the expenses versus revenue noting the main part of the underspend
is the result of timing differences.
B. Wood Recycling Program.
Kendra Boot, City Forester, discussed the mission of the Forestry division noting its focus on
safety, customer service, stewardship of the canopy cover, and collaboration. Material for the
program is produced from tree care maintenance operations and the residential Christmas tree
recycling program. She discussed the history of the wood recycling program, noting it aligns with
the Culture, Recreation, and Environmental Health Outcome Areas.
Boot detailed the amount of wood diverted from the landfill and associated costs over the last
several years. The price per cubic yard to recycle the material is less than the price to take it to the
City of Fort Collins Page 237
September 3, 2019
landfill. Boot discussed the wood recycling process and success of the free mulch giveaway days.
Mayor Troxell asked how staff ensures contaminated wood is not recycled. Boot replied there is
currently a federally mandated quarantine around Boulder County related to the Emerald Ash
Borer Beetle.
Councilmember Cunniff asked if the only source of wood for this program is the City's own tree
canopy and community Christmas trees. Boot replied in the affirmative.
Councilmember Cunniff asked what resources are available for private tree canopy maintenance
and prevention. Boot replied there are some resources on the Forestry Department's webpage and
any of the 16 certified arborists on staff can answer questions.
Councilmember Pignataro asked about the best way for the public to find out about the free mulch
giveaway dates. Boot replied there is social media outreach, an alert on the webpage, and posters
hung around town.
Councilmember Pignataro requested input regarding when the City will aid in branch removal
after a major storm. City Manager Atteberry replied that is determined on a case -by -case basis
based on the severity of the storm, the time of year, and the amount of branches in the right-of-
way. Mike Calhoon, Director of Parks, replied there is a pre -defined plan and set of criteria. A
crew from Forestry and Streets will complete a post -storm inspection using those criteria to
determine the level of assistance to be provided by the City.
Councilmember Pignataro commended the wood recycling program.
Mayor Pro Tern Stephens commended Boot on her work and requested information about the plan
for dealing with the Emerald Ash Borer Beetle. Boot replied the City does have a dynamic
management plan and stated there are approximately 7,700 ash trees on public property but close
to 67,000 throughout the community, or about 1/3 of the total canopy cover. Baseline information
has been collected on the trees to help in creating a plan moving forward.
Councilmember Summers asked if there is a preemptive tree planting program in place. Boot
replied in the affirmative and stated there are always attempts to diversify the urban forest. She
stated recent budget funds have aided in replacing ash trees and staff has been working with
developers to determine the best time to replace existing trees and avoid planting ash trees on new
developments.
Mayor Pro Tern Stephens asked about the treatment process for the Emerald Ash Borer Beetle.
Boot replied treatment cost the City of Boulder around $5-7 per diameter inch and it must be
completed every three years in perpetuity.
Councilmember Gutowsky asked about the City's liability should trees in developments die due to
lack of water. Boot replied it depends on who planted the tree. She discussed the possibility of a
warranty period for trees that will be inherited by the City. She noted trees must be watered
thoroughly for the first two to three years.
Councilmember Gutowsky asked about developments with large swaths of dead grass due to lack
of water, particularly along Ziegler Road. City Manager Atteberry replied some of those cases
City of Fort Collins Page 238
September 3, 2019
involve the landowners changing from bluegrass to natural grasses, which can take three to ten
years to establish, but will ultimately be more sustainable.
• COUNCILMEMBER REPORTS
Councilmember Gorgol reported on the Community Welcome at CSU, Tour de Fat, and the
Fortitude 1 OK event.
Mayor Pro Tem Stephens reported on the Black and White Ball, a fundraiser for the Museum of
Discovery.
Councilmember Pignataro reported on the Black and White Ball which raised $65,000. She also
reported on the Urban Renewal Authority Board retreat.
Councilmember Gutowsky reported on the Pacific American Culture Center and El Centro event
at Lee Martinez Park.
Mayor Troxell reported on the launch of Connexion, the City -owned municipal broadband service.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
9. First Reading of Ordinance No. 111. 2019, Amending Section 17-142 of the Code of the City of
Fort Collins Regarding Public Nudity. (Adopted on First Reading)
The purpose of this item is to amend the public nudity City Code provisions to make them consistent
with the permanent injunction issued by the United States District Court and agreed to by the City.
Councilmember Summers stated he pulled this item, given its extensive history.
Jason Medina recommended Council oppose this ordinance.
Dave Pierce opposed the ordinance.
Ray Martinez opposed the ordinance and stated he would like to see the item referred to the
Supreme Court.
Michelle Medina opposed the ordinance.
Paul Vence] questioned where his rights to not see nudity are being considered.
Rich Stave opposed public shaming stating this ordinance is a step in the right direction.
Craig Fortunato opposed the ordinance.
Lynn Gombos opposed the ordinance.
Armond Ribara opposed the ordinance.
Councilmember Summers thanked the speakers and noted the item was originally on the Consent
Agenda as it was a follow-up from a previous Council decision. His concerns align with some of
those mentioned; however, this item strikes language from the existing ordinance that the court
City of Fort Collins Page 239
September 3, 2019
has deemed indefensible and unenforceable. The state statute related to public indecency remains
in effect.
Councilmember Cunniff asked if private businesses, churches, and schools have the ability to set
their own dress codes. John Duvall, Deputy City Attorney, replied in the affirmative, stating
people could be asked to leave private property and could be cited or arrested if they do not do so.
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 111, 2019, on First Reading.
Councilmember Gutowsky agreed with Councilmember Summers that Council is bound by the
decision of the 10`h Circuit U.S. Court of Appeals; however, she agreed with former
Councilmember Martinez that she wanted this to be referred to the Supreme Court. It is
unfortunate the ordinance that reflected the city's values now has to be amended because of a few
people.
Mayor Pro Tern Stephens noted there was no guarantee the Supreme Court would have heard this
case. The City did pursue legal action and the result was the ordinance being overturned.
Mayor Troxell stated this has been a difficult issue for the community and concurred with
Councilmember Gutowsky's comments. He, too, would have liked to see the item referred to the
Supreme Court.
Councilmember Summers noted schools are mentioned both as public places and not public places.
He suggested the ordinance be amended to strike the reference to schools being public places. City
Attorney Daggett requested staff be allowed to review the language and provide feedback at
Second Reading.
Councilmembers discussed appropriate language related to public places.
Councilmember Gutowsky requested clarification on how the amended ordinance would affect
public schools. City Attorney Daggett replied this provision would make it a violation of the City's
laws to be nude in certain places. Schools and other entities are in control of their own facilities
and this does not interfere with their ability to be so.
RESULT: ORDINANCE NO. 111, 2019, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
10. Resolution 2019-093 Affirming that Digital Billboard Regulations Are Not a Council Priority.
(Adopted)
The purpose of this item is to limit further consideration of new digital billboard regulations.
Councilmember Summers stated he withdrew this item in order to determine whether there should
be any further deliberation.
City of Fort Collins Page 240
September 3, 2019
Sarah Mercer, attorney representing Lamar Advertising, discussed Lamar's participation in Sign
Code updates and the billboard reduction program. She requested the opportunity for this
conversation to continue.
Rich Stave stated it will be difficult for most citizens to understand what is going on with this
particular issue if standards are not developed.
Councilmember Summers suggested keeping dialogue ongoing.
Councilmember Cunniff asked if the annexation and redevelopment of East Mulberry properties
will result in the removal of off -premise billboards. Noah Beals, Zoning Services, replied they
would need to be removed if the business did not want them to count toward its sign allowance.
Councilmember Cunniff stated he supports the resolution as written, noting it is important to
provide clarity to staff on how to allocate resources.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2019-093.
Mayor Troxell noted this item could come back before Council at any time.
Mayor Pro Tem Stephens stated she would have liked to have worked on a billboard removal
program which would provide guidance over where the new digital billboards would be located.
RESULT: RESOLUTION 2019-093 ADOPTED [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS: Summers
• DISCUSSION ITEMS
11. Second Readinct of Ordinance No. 107. 2019. ADDrovina a Settlement Aareement in the Fort
Collins Mennonite Fellowship v. City of Fort Collins Lawsuit and as Contemplated Under the
Agreement, Amendino the Conditions Previously Imposed In City Council Resolution 2018-104
that Approved the Fort Collins Mennonite Fellowship's External Storaae Lockers Minor
Amendment. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 6-1 (Nays: Gutowsky)
approves a 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.
City of Fort Collins Page 241
September 3, 2019
Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 107, 2019, on Second Reading.
Mayor Pro Tem Stephens stated she wanted to ensure neighbors understand their concerns were
heard and she encouraged the church to reach out and work with the neighborhood. She stated she
has always supported the locker program.
Councilmember Gutowsky stated she would not support the motion as she does not feel enough
has been done to safeguard residents and ensure them conditions will be enforced. She also urged
the church and neighborhood to attempt to find some common ground.
Mayor Troxell encouraged the Mennonite Fellowship and Pastor Ramer to work with the
neighbors in a constructive fashion.
RESULT: ORDINANCE NO. 107,2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Pignataro, Gorgol, Summers, Stephens, Troxell, Cunniff
NAYS: Gutowsky
12. Second 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 Second Reading)
This Ordinance, adopted on First Reading on August 20, 2019, by a vote of 5-2 (Nays: Pignataro,
Summers) codifies 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.
Kathryn Dubiel requested an explanation of addition of the phrase "non -primary" and asked
whether Council feels transient lodging is compatible with long-term residential use in multi-
family buildings. She also questioned using self -certification as a compliance method and asked
if the level of review on occupancy in short-term rentals is acceptable to Council.
Councilmember Cunniff requested a staff response to Ms. DubieI's questions. Ginny Sawyer,
Policy and Project Manager, replied the change to "non -primary" was completed to ensure a
license was required in all scenarios. She stated inspectors actually measure windows for
compliance with egress standards; homeowners tend to look at windows to determine whether or
not they can get out. At this point, resources do not allow inspections of all properties; therefore,
some level of self -certification is necessary.
Councilmember Cunniff asked if the license fees could be raised to cover the inspection of all
short-term rentals. Sawyer replied that could possibly be done.
Councilmember Cunniff asked how occupancy is enforced. Sawyer replied there is not currently
an occupancy limit on short-term rentals; however, staff could bring forth a proposal to place
maximum occupancy numbers on advertisements.
Councilmember Cunniff asked if short-term rentals are subject to the occupancy ordinance.
Sawyer replied the occupancy ordinance requires a 30-day stay in the calendar year; therefore, it
does not apply to short-term rentals.
City of Fort Collins Page 242
September 3, 2019
Councilmember Cunniff stated he does not view non -primary short-term rentals as a housing use
but as a commercial lodging use and those should be treated as separate policies.
Councilmember Summers requested information about the number of multi -family short-term
rentals. Sawyer replied this ordinance will prevent any future short-term rentals in multi -family
buildings unless they meet R1 standards. Prior to this consideration, 60 licenses of this type were
issued, and a certain number were inspected. She stated every unit will need to be inspected prior
to being issued a new license; a new owner will not be eligible for a license; and no license will
be issued once a license has been expired for 30 or more days; therefore, there will be an attrition
process.
Councilmember Summers asked if the ordinance decriminalizes short-term rental offenses.
Sawyer replied staff had originally talked about decriminalizing, and upon further clarification and
work with the City Attorney's Office, determined that was not beneficial.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 108, 2019, on Second Reading.
Councilmember Pignataro requested staff inform Council as soon as the IBC takes some type of
stance on short-term rentals.
Mayor Pro Tern Stephens stated significant safety concerns with short-term rentals have led her to
support this ordinance. She also supported requiring maximum occupancy information in short-
term rental advertisements.
Councilmember Summers stated occupancy is an issue and minor safety measures are prudent and
well advised; however, he stated some of the R1 requirements are not minor in nature and will
require undue hardship to address.
Councilmember Gutowsky stated safety is of primary concern.
Mayor Troxell stated he would support the motion though not without some consternation.
RESULT:
ORDINANCE NO. 108, 2019, ADOPTED ON SECOND READING [6 TO 1]
MOVER:
Kristin Stephens, District 4
SECONDER:
Ross Cunniff, District 5
AYES:
Pignataro, Gorgol, Gutowsky, Stephens, Troxell, Cunniff
NAYS:
Summers
13. Resolution 2019-092 Approvina the Northfield Metro District Nos. 1 through 3 Consolidated
Service Plan. (Postponed to September 17, 2019)
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
City of Fort Collins Page 243
September 3, 2019
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.
The public hearing for this Service Plan was previously noticed in accordance with Council's Metro
District Policy to be conducted at Council's August 20, 2019, meeting. However, Council voted at that
meeting, as authorized in Section 2.c. of the Council's Rules of Procedure, to continue this matter to
the Council's next regular meeting, which is this September 3, 2019, meeting. The applicant mailed
on August 22, 2019, notice of this continuance to the fee -title owners of property within the proposed
Districts and published this notice in the Coloradoan on August 24, 2019.
City Manager Atteberry stated staff is requesting this item be continued to September 17 to allow
additional time to work with the developer.
Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to continue the
consideration of Resolution 2019-092 to September 17, 2019.
Rich Stave suggested a list be made of what both the City and Metro District are going to provide
and for how long. He questioned how the citizens of Fort Collins interact with this type of entity.
Josh Birks, Economic Health Director, replied he would provide a more detailed written response
for the September 17 meeting, but in general, there will be some ongoing operations and
maintenance that the Northfield Metro District will continue to provide and there are other
facilities, such as streets, that are being built to City standard and are usually turned over to the
City for ongoing maintenance despite the upfront capital coming from the metro district.
Councilmember Gorgol asked how the City voices its goals for attainable and affordable housing
when approached by a developer about a metro district. Birks replied the developer will be able
to provide more details on September 17; however, the service plan includes a commitment for 65
units at 80% or less of the area median income. He stated he will continue to share Council's desire
for affordable units with the developer.
Councilmember Gorgol stated there are specific questions related to energy standards and she
would like to see more specific questions for affordable housing. Birks replied there is currently
a two-step process that occurs before the Council Finance Committee sees the first view of the
service plan. The first step involves the submission of a letter of intent by a developer to form a
metro district which is reviewed by a core staff group and the second step involves the submission
of a draft service plan based on the City's model service plan, which is fully vetted by staff.
Councilmember Gorgol asked if changes can be made between the service plan and development
plan stages. Birks replied the service plan does not bind Council to approving the development
agreement; however, if there is a desire to change some fundamentals of the promise made in the
City of Fort Collins Page 244
September3, 2019
service plan, it should be amended. The reason changes have not typically been made between
service plan and development agreement is because the development agreement involves
following through on promises made.
Mayor Troxell noted part of the service agreement development includes the triple bottom line
analysis and there is a clear discussion about the public benefits that will be provided through the
metro district mechanism.
Councilmember Summers asked about the City's annual affordable housing goals. Birks replied
the City would ultimately like 10% of its housing stock to be affordable, and the current annual
target is about 1$0 units per year.
Councilmember Summers noted the Northfield development includes 14.7% affordable units and
51 % under $350,000. He questioned why that is seen as not enough affordable housing and noted
energy efficiency requirements drive up costs. The City needs to be fair with developers who are
attempting to not only meet but exceed affordable and attainable housing goals and are doing an
adequate job with energy efficiency.
Councilmember Pignataro stated there may need to be a broader conversation about metro districts.
City Attorney Daggett noted the motion on the table is to continue this item.
Councilmember Cunniff stated he was prepared to vote against this application because the
definition of extraordinary outcomes is vague. The metro district policy needs to be reexamined
and made more specific. He also expressed concern about the inclusion of things like a pool which
are not public amenities. He would like to see more work done on the triple bottom line analysis
prior to September 17 and expressed concern population growth is counteracting climate action
efforts.
Councilmember Cunniff stated he would support the motion to continue the item but expressed
concern about the metro district policy.
Councilmember Pignataro asked if a metro district has ever been denied. Birks replied there have
been a few that were continued and additional changes requested.
Councilmember Pignataro asked what would happen if one were to be denied. Birks replied there
is no longer an opportunity for the metro district to move forward with its target election date at
some point which may or may not impact the fundamental feasibility of the developer to be able
to move forward with the project. He noted the September 17`" meeting would be the last meeting
that this developer would have the opportunity to request Council consider the service plan before
this year's November election.
City Attorney Daggett noted Council is not required to approve metro districts.
City of Fort Collins Page 245