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HomeMy WebLinkAboutMINUTES-02/06/2018-RegularFebruary 6, 2018 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry recommended Item No. 2, Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project, be postponed to February 20 and stated Item No. 20, Resolution 2018-013 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements, has been withdrawn to the February 27 work session to allow for further conversation around additional funding opportunities. He noted the withdrawal of Item No. 20 affects the planned Urban Renewal Authority meeting which will therefore not be held this evening. • CITIZEN PARTICIPATION Adam Eggleston thanked Councilmembers for attending a meeting at Coldwell Banker and for dedicating their time and efforts to making Fort Collins great. Stacy Lynne stated the City's Sign Code is in violation of a United States Supreme Court ruling which precludes the use of sign code rules to discriminate against people based on religious, political, or commercial grounds. She stated the City is updating its Sign Code to comply with this ruling and to ensure downtown businesses comply with the City's aesthetic values. She discussed the City violating its own aesthetic values with the placement of smoking ban signs in the downtown area. Thomas Edwards, Fort Collins Bicycle Coalition, thanked Mayor Pro Tern Horak, City Manager Atteberry, and staff for granting parking waivers to allow for bicycle surveys on Springfield. He stated more bicyclists are breaking traffic laws and there is no enforcement. Adam Lovall discussed repealing the U+2 Ordinance and cited the importance of co -housing and affordable housing. • CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell summarized the citizen comments and noted a study regarding U+2 is in process and will be on the Council agenda in the coming months. Councilmember Martinez requested information regarding Ms. Lynne's comments. City Aitorney Daggett replied the Reed versus Gilbert case mentioned by Ms. Lynne was specifically related to temporary sign regulations; however, the impact of the case is quite far reaching. Temporary City of Fort Collins Page 148 February"6, 2018 modification to the City's Sign Code have already been made in order to address the concerns raised in the case and additional review will likely lead to some additional changes. • CONSENT CALENDAR Mayor Troxell opened the public hearings for Item Nos. 12-19, Items Relating to the Water Treatment Facility Annexations No. 1, No. 2, No. 3 and No. 4 and Zoning the Water Treatment Facility Annexations No. 1, No. 2, No. 3, and No. 4. Mayor Pro Tem Horak withdrew Item No. 2, Second Reading of Ordinance No.- 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project, from the Consent Agenda. Mayor Troxell closed the public hearings for Item Nos. 12-19. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak Consideration and Approval of the Minutes of the December 19, 2017, January 2 and January 16, 2018 City Council Regular Meetings and the December 27, 2017 Council Special Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 17, 2017, January 2 and January 16, 2018 Council Regular Meetings and the December 27, 2017 Special Meeting. 2. Second Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit (COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with Loveland. (Adopted) This Ordinance, unanimously adopted.on First Reading on January 16, 2018, appropriates funds to cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current Dial -A -Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins, Transfort (the Transit Management IGA)., The costs will be reimbursed to the City of Fort Collins by the City of Loveland monthly. 3. Second Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in the General Fund for the Environmental Services Radon Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Environmental Services Department Operating Budget. (Adopted) This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health City of Fort Coffins Page 149 February 6, 2018 and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department's core budget offer, and requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018 Environmental Services operating budget, and will be transferred to the Environmental Services radon program. 4. Second Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data and Communications Fund for the Enterprise Document Management System and Electronic Record Search Project. (Adopted) This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates $833,840 from the Data and Communications reserve to fund the Enterprise Document Management System and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise document management system known as SIRE that currently manages the City's documents and images. This project was approved through the Budgeting for Outcomes (BFO) process for use in 2017. However, the procurement process will not be completed until early February 2018, requiring the IT Department to submit this request ahead of the reappropriation process in order to enter into a contract with a vendor to avoid additional costs and delays. 5. Second Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of the City of Fort Collins to Add a Definition of "Facilities". (Adopted) This Ordinance, unanimously adopted on First Reading on January 16, 2018, amend Sections 23-140 of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses, and public parking areas. This amendment will grant express authority to the City Manager to set administrative policy related to conduct on Transfort buses and other transit facilities. 6. Second Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District -Precinct Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting Requirement of Section 7-87(d) of the City Code. (Adopted) This Ordinance, unanimously adopted on First Reading on January 16, 2018, aligns City precinct boundaries with County precinct boundaries as required by Section 7-66 of the City Code. None of the divided precincts affect Council district boundaries. 7. First Readinq of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. (Adopted) The purpose of this item is to appropriate a $50,000 donation from Noosa Yoghurt, LLC. into the Natural Areas Department's 2018 budget to fund a river health related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it be applied toward development of fish passage on the Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has managed the design process for two similar projects and has agreed to manage this design process and collaborate with CPW to facilitate this project. 8. First Reading of Ordinance No. 020, 2018, Appropriating Prior Year Reserves in the General Fund for Security Screening for Fort Collins Municipal Court. (Adopted) The purpose of this item is to appropriate $201,578 of prior year reserves in the General Fund for the cost of adding security screening for those attending hearings in Fort Collins Municipal Court. The Court is located on the first floor of the City's Administrative Building at 215 North Mason Street. Access for those hearings would be limited to the north door of the building, the access point currently used for the Community Room. Those proceeding past the Community Room and entering the Court's space would go through a magnetometer (metal detector) and have their belongings checked by contract security personnel prior to gaining access to the Court's space. City employees working in City of Fort Collins Page 150 February 6, 2018 U11 the building and the public accessing other offices in the building, including the Court Clerks' Off ice.for non -hearing related business, would still have unscreened access through the east and west entrances. Employees would also continue to have fob access to the building through the southwest entrance. The changes included in this request are necessary due to increasing safety and security concerns for employees working in and citizens utilizing City services in that building. First Reading of Ordinance No. 021, 2018, Adopting the 2018 Classified Employees Pay Plan. (Adopted) The purpose of this item is to recommend the 2018 City Classified Employee Pay Plan. The Pay Plan has been redesigned to align with the City's new job architecture system. The seven occupational groups have been replaced by job functions. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the levels, within each career group and function. The 2018 City Classified Employee Pay Plan also includes the results of the market analysis conducted as defined in the Collective Bargaining Agreement between the City of Fort Collins and the Northern Colorado Lodge #3 of the Fraternal Order of Police (FOP). Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. M (Adopted) The purpose of this item is to amend various sections in Article V, Division 3 of Chapter 2 of the City Code to clarify and eliminate confusion regarding the City Manager's authority to assign supervisory authority as well as duties and functions to the services of the City administrative organization., 11. Items Relating to the Water Treatment Facility Annexation No. 1. (Adopted) . A. Resolution 2018-009 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 1. B. Public Hearing and First Reading of Ordinance No. 023, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado. The purpose of this item is to annex the first of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 1 consists of 0.101- acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing City limits. Water Treatment Facility Annexation No. 1 is located approximately 800 feet west of Poudre High School on Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. 12. Public Hearing and First Reading of Ordinance No. 024, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) . This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Councils Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the first of four sequential annexations, known as the Water Treatment Facility Annexation No. 1. Water Treatment Facility Annexation No. 1 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this City of Fort Collins Page 151 February 6, 2018 annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA -Farming Zoning District in Larimer County to the north, south and west. The abutting City limits to the east -is zoned Low Density Mixed Use Neighborhood (L-M-N) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 13. Items Relating to the Water Treatment Facility Annexation No. 2. (Adopted) A. Resolution 2018-010 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 2. - B. Public Hearing and First Reading of Ordinance No. 025, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado. The purpose of this item is to annex the second of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 2 consists of 0.380-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing Water Treatment Facility Annexation No. 1. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. A related item to zone the annexed property is presented as the next item on this Agenda. 14. Public Hearing and First Reading of Ordinance No. 026, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Councils Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the second of four sequential annexations, known as the Water Treatment Facility Annexation No.2. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA -Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 1 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 15. Items Relating to the Water Treatment Facility Annexation No. 3. (Adopted) A. Resolution 2018-011 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 3. B. Public Hearing and First Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. The purpose of this item is to annex the third of four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182- acres of Laporte Avenue right-of-way and establishes the required 1/6contiguity with Water Treatment Facility Annexation No. 2. Water Treatment Facility Annexation No.3 is located between Sunset Street and North Overland Trail. A related item to zone the annexed property is presented as the next item on this Agenda. City of Fort Collins Page 152 February 8, 2018 16. Public Hearing and First Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the third of four sequential annexations, known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned FA -Farming Zoning District in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. 17. Items Relating to the Water Treatment Facility Annexation No.-4. (Adopted) A. Resolution 2018-012 Setting Forth Findings of Fact and Determinations Regarding the Water Treatment Facility Annexation. No. 4. B. Public Hearing and First Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado. The purpose of this item is to annex the fourth and final tract of land known collectively as the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and parcel numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water Treatment Facility. Furthermore, the annexation establishes the required 1/6contiguitywith Water Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the Growth Management Area (GMA) boundary. Water Treatment Facility Annexation No. 4 is located west of North Overland Trail and continues approximately to the Horsetooth Reservoir. A related item to zone the annexed property is presented as the next item on this Agenda. 18. Public Hearing and First Reading of Ordinance No. 030, 2018, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted) This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures adopted in Resolution 2017-017. The purpose of this item is to zone the property included in the'fourth of four sequential annexations, known as the Water Treatment Facility Annexation No. 4. Water Treatment Facility Annexation No. 4 is located between Hollywood Street and the Horsetooth Reservoir. The proposed zoning for this annexation is Urban Estate (U-E) and Residential Foothills (R-F). The surrounding properties are existing residential, municipal facilities, state college facilities, and federal facilities currently zoned FA - Farming and O-Open Zone Districts in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 3 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign District. City of Fort Collins Page 153 February 6, 2018 19. Resolution 2018-013 Approving an Intergovernmental Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park Project for Public Improvements. (Withdrawn) 20. Resolution 2018-014 Appointing Mayor Pro Tern Gerry Horak to the Policy Advisory Committee of the Regional Transportation Coordination Task Force. (Adopted) The purpose of this item is to appoint Mayor Pro Tern Gerry Horak as the City of Fort Collins' representative on the newly formed Regional Transportation Coordination Task Force Policy Committee. 21. Resolution 2018-015 Making Appointments to the Building Review Board and the,Senior Advisory Board of the City of Fort Collins, and to the Board of Housing Catalyst. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building Review Board, the Senior Advisory Board, and the Board of Housing Catalyst due to expiration of terms on December 31, 2017. Applications were solicited beginning in September 2017 to January 2018. Council teams interviewed applicants during December and January. • STAFF REPORTS Annie Bierbower, Civic Engagement Liaison, discussed the history of the Alta Vista sidewalk project. Expanded neighborhood outreach occurred in spring 2017 and updates to the plan were implemented in fall 2017. Bierbower detailed the neighborhood outreach process which included neighborhood visits and a questionnaire. The results of the outreach showed residents desired sidewalks, but not actually within the neighborhood given concerns related to street width, parking, traffic flow, and connectivity to other areas. Chad Crager, Director of Infrastructure Services, stated the final project design includes traffic calming islands and sidewalks connecting the neighborhood to Vine and Lemay and the upcoming park facility. He stated the ultimate project increases pedestrian safety, addresses neighborhood concerns, and provides neighborhood identity. Councilmember Overbeck noted there was Council engagement in the project as well. Councilmember Stephens commended staff work and the proactive engagement process. She encouraged the use of this type of outreach in other areas. Councilmember Martinez complimented staff in working with the neighborhood. • COUNCILMEMBER REPORTS Councilmember Stephens reported on attending the Colorado Communities Symposium which was put on by the Compact of Colorado Communities. The Compact is made up of dozens of communities committed to lowering greenhouse gases. Fort Collins Utilities won an award at the Symposium recognizing innovative programs demonstrating bold vision for a clean, resilient, and prosperous Colorado. Councilmember Martinez reported on attending the listening session for business at Austin's and the'awards ceremony at Poudre Fire Authority. City of Fort Collins Page 154 February 6, 2018 Councilmember Overbeck reported on the Human Relations Commission's program on racial inequity. Mayor Pro Tern Horak reported on meeting with Senator Gardner's primary staff person for transportation and infrastructure and a meeting with two leaders of the Fraternal Order of Police. Mayor Troxell thanked Councilmembers for being active throughout the community and reported on the State of the City address. • CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS 22. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga Road Improvements Project. (Postponed to February 20, 2018) This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Suniga Road Improvements Project. The project will construct a new arterial roadway between College Avenue and Blondel Street. Improvements include construction of a complete arterial street which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and utility improvements. In order for the City to construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The project will affect seven properties. Acquisitions will include fee purchase right-of-way, permanent utility and drainage easements and temporary construction easements. Staff has had contact with all affected property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting_authorizaiion of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. Jessica Skibo stated this Ordinance would affect North College Avenue property owners in terms of access to North College Avenue. She stated the proposed solution works but needs to be permanent. Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to postpone consideration of Second Reading of Ordinance No. 005, 2018; to February 20,t2018. RESULT: POSTPONED TO FEBRUARY 20, 2018 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • DISCUSSION ITEMS 23. Resolution 2018-016 Approving the Grant of Funds for a Locker Program at Fort Collins Mennonite Fellowship. (Defeated) The purpose of this item is to provide City Council with details of the proposal for the City to fund lockers at the Fort Collins Mennonite Fellowship, additional. information about locker programs in other communities, as well as possible options for consideration. Jeff Mihelich, Deputy City Manager, stated the Fort Collins Homeless Coalition requested an enhancement of the provision of lockers in the community in 2017. Staff was directed by Council City of Fort Collins Page 155 February 6, 2018 to look at options. During the outreach process, staff found no service provider who was interested in providing lockers that are available 24/7; however, the Mennonite Church put forth a proposal for a one-year pilot for 20 outdoor lockers that would be available 24/7, monitored by security cameras, and managed by Mennonite staff. Funding in the amount of $10,500 is being requested to purchase the lockers and provide an operational subsidy for the Church. Mihelich summarized the input received from community members during the extensive outreach process. He noted there are 200 community lockers at the Murphy Center, some of which were funded by the City, and there is rarely a waitlist for those lockers. Other storage space opportunities exist at Catholic Charities, the Fort Collins Rescue Mission, and Faith Family Hospitality. The point in time count places the homeless population at 300 and there are currently 276, lockers or storage opportunities available, which puts Fort Collins in the lead for providing lockers based on point in time count numbers. In examining best practices, it was found that municipalities do not operate the lockers and providers that have stopped offering the service have done so because of security reasons related to abandoned property, the storage of food in the lockers, the use of lockers for drug trading, and fights resulting from sharing issues. Every community stressed the importance of having 24/7 supervision of the lockers. Staff does not recommend providing City funds to this program at this time given safety concerns which will not be mitigated with the current supervision proposal. Indoor lockers are a much better solution and that program could be expanded. Additionally, the funding has not competed,through the budget process or another competitive process. Other service providers have suggested the funds would be better used for pathways out of homelessness, housing retention, and preventative flex spending for one-time assistance. Staff is recommending other options be discussed with service providers for a competitive process if it is determined additional lockers are a priority. Sarah King supported funding the locker proposal and questioned why homeless residents need more supervision than anyone else. Dan Johnston supported funding the locker proposal. Sidna Rachid supported funding the locker proposal. Lynette McGowan stated there is still a gap in services in this area and the Church is a willing community partner. She supported funding the locker proposal. Lynn Thompson supported funding the locker proposal. Katherine Acott stated she lives in the area and expressed concern with the locker proposal, particularly the unsupervised aspect. Kevin Cross stated he lives in the area and commented on the desire for inclusion in the city. He supported funding the locker proposal. Larson Ross supported funding the locker proposal. City of Fort Collins Page 156 February 6, 2018 Macey Delphs supported funding the locker proposal and stated people thrive when given responsibility. Laura Petrik stated she lives in the area and opposed the locker proposal citing safety concerns. She stated her children'have been harassed and have witnessed a stabbing among homeless individuals. Zach Heath supported funding the locker proposal. Jennifer Petrik stated she lives in the area and has had first-hand experience with illegal activity due to the increased transient population. She opposed the locker proposal. Stephen (no last name given) stated he lives in the area and supported funding the locker proposal. Mary Ray stated she lives on the same block as the Church and needs to be able to assure her tenants they are safe. She opposed the locker proposal and requested Council consider the residents in the area, not just the homeless population. Nevin Mandel stated he lives in the area and supported funding the locker proposal. Walter Hickman stated he owns a business in the area and opposed the locker proposal Dwight Hall stated this program, as described, falls firmly in the failed category in other communities. He suggested Council support a mental health and substance abuse center. Debra James supported funding the locker proposal. Brenton Dahl stated the existing services are not provided by competent individuals. Barb Wilkins opposed the locker proposal. Annie Scott stated there is a core group of people within the Church with experience in working in communities of need. She supported funding the locker proposal. Richard McNally supported funding the locker proposal. Rosemary VanGorder supported funding the locker proposal but stated she does understand the concerns of neighbors. She stated a more ideal location could potentially be found. Gregor Schuurman stated he lives in the area and opposed the locker proposal. Nancy York stated there is a demonstrated need for lockers and supported funding the proposal. Steve Raimer, Fort Collins Mennonite Fellowship Pastor, discussed the need for the lockers and supported funding the proposal. He stated this type of project has not been tried anywhere and therefore has yet to fail. Jeff Kearns supported funding the locker proposal. Mary Janser stated she was previously homeless and, though she understands the concerns, these lockers will be for working individuals. She supported funding the proposal. City of Fort Collins. Page 157 February 6, 2018 Cheryl Distaso, Fort Collins Homeless Coalition, stated Council directed staff to find a partner for the locker proposal; therefore, it is not anecessary for this to go through a competitive process. She discussed the importance of partnerships and noted the Church was the only partner that came forward. Dan Baker stated he lives in the area and.stated this is not a solution to a much larger issue. Michael Raineri, proposed locker manager, stated the locker users will be screened, video surveillance will occur„and lockers will only be rented for 3 months at a time. He showed a video citing the need for the lockers. Councilmember Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2018-016. . Councilmember Stephens stated this may not be the perfect solution; however, it does provide an answer to Council's request. She stated she would like to fund an acceptable solution. Councilmember Cunniff stated Council asked for this research and noted there are difficulties with the existing storage options. He asked if it would be possible to limit the access to supervised access only, particularly in the middle of the night. Pastor Rainier replied the cost of the program will certainly increase with staffing. He stated he does not foresee'many people needing access between maybe midnight and 4:06 AM. Drugs, alcohol, weapons, and food will not be allowed to be stored and individuals breaking rules will lose their lockers. Councilmember Martinez asked how it will be ensured there are no prohibited items stored. Pastor Rainier replied the manager will interview each individual and lockers can be opened if prohibited items are suspected. Councilmember Summers asked how the City is involved in the Murphy Center lockers. Mihelich replied the City has invested some funds in expanding the lockers at the Murphy Center. Councilmember Summers asked if the City funds the Murphy Center on an annual basis. Mihelich replied in the affirmative. Councilmember Summers suggested examining options at the Murphy Center to make the lockers more available there. Mihelich stated staff has had recent conversations with the Murphy Center about increasing access to the existing lockers and there is some receptivity to that solution. Councilmember Summers suggested the individuals who are willing to manage the lockers at the Church may be willing to do so at the Murphy Center in order to expand access hours. Councilmember Stephens requested a more in-depth explanation of the proposed screening process. Pastor Rainier replied an interview will occur and noted homeless residents are often served and known by the Church and its employees; however, there will be no background checks as homeless residents should not be expected to be treated differently. Councilmember Stephens stated she is attempting to address neighborhood concerns. Councilmember Overbeck asked if additional storage options are being investigated for individuals attending Municipal Court. Mihelich replied in the affirmative. City of Fort Collins Page 158 February 6, 2018 Councilmember Overbeck thanked the Church for providing the proposal but supported moving forward in discussions with other service providers for expanded access to existing lockers. Councilmember Martinez asked if the street outreach program has found a high demand for lockers. Mihelich replied there is a demand for lockers in the community; however, the challenge exists with providing them 24/7 without supervision. There may be a lack of awareness about the Murphy Center lockers as well. Mihelich discussed the importance of the Murphy Center lockers as having a connection to other programs. Councilmember Martinez asked how many police calls are generally received in the area. Greg Yeager, Deputy Police Chief, replied there were 777 calls in the Library Park area, including Old Town and part of North College, in 2017. There were 35 calls specifically in Library Park, which is double that of the previous year. Councilmember Martinez asked how many of the 777 calls resulted in arrest. Yeager replied many of those have resulted in enforcement action based on the behavior involved. Councilmember Cunniff stated the possibility of random locker searches is reasonable and prudent and requested periodic reporting on the program. City Attorney Daggett stated part of agreement negotiations is ensuring the City's interests are covered in terms of potential risks and ensuring conditions imposed are appropriate. Councilmember Martinez asked how far resources would be stretched with extra patrol requests of the Police Department. City Manager Atteberry replied he will be requesting additional Police funding in the new budget. At this point, minimum staffing is meta Councilmember Martinez asked how many officers the force is short now. Yeager replied Police Services is usually 10 to 15 officers low based on hiring cycles. Councilmember Cunniff suggested using the funding proposed for the Mennonite fellowship to create a cooperative agreement with the Murphy Center for larger lockers with expanded hours. Mihelich noted increasing hours at the Murphy Center would affect the entire facility. In conversations with the Murphy Center, hours could be expanded to 10 PM Monday through Friday and weekend hours could be discussed. Mayor Pro Tem Horak stated he cannot support the proposal in its current form as it does not meet the standards for what is desired. Mayor Troxell stated this proposal does not fit into the City's system of care to make homelessness rare and short-lived. Councilmember Stephens stated not having lockers is a barrier to people finding employment; therefore, a locker proposal does fit into the strategy. She stated potential problems can be addressed and expressed support for the Resolution. Councilmember Martinez stated he cannot support the Resolution as written; however; he does see the need. He expressed concern with asking church employees and parishioners to search lockers. City of Fort Collins Page 159 ' February 6, 2018 Councilmember Cunniff stated he understands the need for lockers; however, a solution that is part of a bigger more holistic program has a stronger chance of success. He stated he will be proposing such under Other Business. f RESULT: RESOLUTION 2018-016 DEFEATED [1 TO 61 MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Stephens NAYS: Martinez, Summers, Overbeck, Troxell, Cunniff, Horak (Secretary's Note: The Council took a brief recess at this point in the meeting.) 24. First Reading of Ordinance No. 031, 2018 Authorizing the Conveyance of a Portion of City: Owned Property at Pineridge Natural Area to Michael and Mary Pat McCurdie. (Postponed Indefinitely) The purpose of this item is to consider the petition from Michael and Mary Pat McCurdie requesting the City to sell them 606 square feet of Pine Ridge Natural Area. i Mark Sears, Natural Areas Manager, stated this is a petition from Mike and Mary Pat McCurdie to purchase 606 square feet of the Pineridge Natural Area adjacent to their home. Council approved the sale of 6 Pineridge parcels in 2015 to resolve significant encroachments in the Natural Area, many of which had existed for 20 years. Sears discussed the reasons for the sale of the 6 specific properties and stated an additional 6 parcels were sold for similar reasons a year later in the Cathy Fromme Natural Area. Sears discussed the parcel being requested by the McCurdies, which would connect to an adjoining parcel sold in 2015. Natural Areas Department staff and the Land Conservation and Stewardship Board are recommending Council not sell this parcel for the following reasons: there is no compelling practical or financial justification for selling the parcel, irregular boundaries with corners are quite common, it does not meet any of the land disposition guidelines, and there is concern this could set a precedent for selling similar parcels in the future. Sears stated the McCurdies' claim they were not offered the option to purchase the property in 2015; however, his notes indicate they were given the option to do so. Several letters were sent informing them of three options to resolve their encroachments, including an option to purchase. At the time, staff was not supporting the sale because the encroachment was minor and could easily be removed. Mr. McCurdie was given until March 2015 to remove his encroachments, and that deadline was met. Ed Reifsnyder, Land Conservation and Stewardship Board Chair, stated the Board has reviewed this petition and vote unanimously to recommended Council not approve this sale of public land for what is essentially private purposes. This sale would not solve a Natural Areas problem, serve a public purpose, advance conservation goals, or be in the spirit of the ballot language which established the Natural Areas program. Michelle Haefele requested Council oppose this petition stating selling this land would go against the wishes of voters and would not benefit the citizens of Fort Collins in any way. The possible precedent would be detrimental. City of Fort Collins Page 160 February 6, 2018 Ray Watts stated sales of slivers of Natural Area land erode citizen expectations and there is no public, land management, programmatic, or ecological benefit to the proposed land transfer. Rich Stave stated there should be a better process allowing the public more input into this type of transfer. He opposed the sale. Joe Piesman stated there should be very compelling reasons to sell portions of Natural Areas and opposed the sale. Kathryn Dubiel stated consistency of City'policy is paramount and there is no compelling practical or financial justification for this sale. Mike McCurdie stated he is in the process of remodeling and discussed his property. He stated the section in 'question becomes a collecting point for trash and weeds which he currently maintains. He stated this sale would not set a precedent. David Tweedale opposed the sale and stated disposing of lands with no compensating management or conservation benefit violates the public expectations of sound management aimed at perpetual conservation. Councilmember Summers asked if staff would have recommended the sale of this parcel in 2015. Sears replied in the negative. Councilmember Summers asked what precedent would be set by this sale that was not set by the sale of the previous parcels. Sears replied the previous parcels were unique in that some of those encroachments had existed more than 20, years. He noted the parcels that were sold were not brought before Council until all encroachments across Natural Areas were resolved so as not to set a precedent. - r Councilmember Summers asked when this area was purchased. Sears replied it was in the early 1990s. Councilmember Martinez asked Mr. McCurdie why he wants to purchase the land. Mr. McCurdie replied he want to purchase the land to address the property line discontinuity and make better use of the land by landscaping it in a transitional way. Councilmember Martinez asked why this item is before Council. Mihelich replied the Code requires any land sale to be approved or denied by Council. Applicants are required to pay a non- refundable deposit, pay for surveying and recording as well as the value of the land. They will lose their $1000 deposit if Council does not approve the sale. Councilmember Stephens asked how this situation differs from the previously sold properties with irregular boundaries. Sears noted one example where the steep bank created when the lot was built should have been included in the lot from the beginning. Councilmember Cunniff noted the irregular shape was determined in 2015 to be not sustainable for the Natural Areas department. He noted Council specifically stated the previous sales were one-time sales for exceptional situations. Staff was directed to be very diligent in monitoring future encroachments and remedying them before a sale would need to be a consideration. City of Fort Collins Page 161 February 6, 2018 Councilmember Stephens asked about Mr. McCurdie's claim that he maintains this area. Sears replied there are 705 adjoining property owners to 49 different Natural Areas; therefore, there will be some areas staff may not be as diligent about maintaining and it is appreciated when neighbors pick up trash. He stated a certain level of encroachment is allowed for adjoining property owners in order for them to maintain the immediate area behind their lots. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone Ordinance No. 031, 2018 indefinitely. Mayor Pro Tem Horak stated this sets no precedent and clarified it is Council's purview to sell any land it deems fit. He suggested the McCurdie's deposit be refunded so as not to be punitive but with clear direction moving forward. City Attorney Daggett noted a motion to refund the money would be needed prior to a motion to postpone indefinitely. Mayor Pro Tem Horak and Councilmember Cunniff withdrew their motion. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to refund the $1,000 deposited with the City to date. Councilmember Stephens stated she would like to see some clarity around the language in the future. The vote on the motion was as follows: Yeas: Summers, Cunniff, Overbeck, Stephens; Martinez, Horak and Troxell. Nays: none. THE MOTION CARRIED. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone Ordinance No. 031, 2018 indefinitely. Councilmember Martinez discussed the importance of erring on the side of voters. RESULT: ORDINANCE NO. 031, 2018, POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak 25. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of Fort Collins Pertaining to Special Events. (Adopted on First Reading) The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special Events to be in alignment with current law and to more accurately reflect the City's current processes and procedures for issuing Special Event Permits. Mark Jackson, Deputy Planning, Development, and Transportation Director, discussed the evolution and benefits of the event planning process and position. This request is a first step in bringing outdated Code language up to current practices. City of Fort Collins Page 162 February 6, 2018 Jan Sawyer, Special Events Coordinator, stated one of the first goals of the Coordinator position was to streamline the special event permit application process. One part of that was to automate the application process, which was completed in October. Thisitemupdates the City Code to better reflect current and best practices related to special events permits. Sawyer stated staff is also requesting Council allow the details of special event regulation to be included in an administrative terms and conditions document and discussed the upcoming public engagement plan for special events and their impacts. Councilmember Overbeck asked if, neighborhood issues will be addressed the next time this will be heard by Council. Sawyer replied in the affirmative and stated that will likely occur in the fall. She stated staff is working on the best methods and timing for the public engagement to occur. The plan is to formalize a process for neighborhood engagement as part of that plan. Councilmember Martinez asked if wheelchair issues at New West Fest are being addressed. Sawyer replied in the affirmative. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 018, 2018, on First Reading. Councilmember Cunniff discussed the importance of having sensitivity to impacted neighborhoods. RESULT: ORDINANCE NO. 018, 2018, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5, AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak • OTHER BUSINESS Councilmember Cunniff requested and received Council support to direct staff to update Council on the current situation at the Murphy Center and to look for opportunities to enhance the dialogue around expanded locker access. He stated he would like that to go through the normal Council process, but not wait for the budget process. Mayor Pro Tem Horak requested and received Council support to direct staff to look at the administrative policy around Natural Area land sales. City of Fort Collins Page 163 February 6, 2018 • ADJOURNMENT Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00 PM; Tuesday, February 13, 2018, to hear The Union on Elizabeth appeal. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak The meeting adjourned at 9:43 PM. ayor ATTEST: City CIA SEAL City of Fort Collins Page 164