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HomeMy WebLinkAboutMINUTES-07/02/2019-RegularJuly 2, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM • ROLL CALL PRESENT: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated there were no changes to the published agenda. • PUBLIC COMMENT Stacy Lynne discussed the City's biohazard liability risk at public restrooms. She also mentioned a lawsuit involving a City employee. Martin Bates encouraged Council to consider adopting a climate emergency resolution. Don Butler discussed north Fort Collins and its residents and opposed a proposed homeless shelter in the area. Elizabeth Hudetz discussed the Fort Collins Sustainability Group's goals and encouraged Council to consider adopting a climate emergency resolution. Bill Greenlee requested the City slow down in considering a homeless shelter on North College. Joel Nevison encouraged Council to consider adopting a climate emergency resolution. Kathryn Dubiel stated the City's development review newsletter has ceased being distributed, the website link to "this week in development review" has not been updated, and the updated Council agenda was not posted on the website. Liz Tufte encouraged Council to consider adopting a climate emergency resolution and mandate indigenous representation in all planning committees. William Kutcher encouraged Council to work toward finding affordable childcare options. Jamie Stein encouraged Council to consider adopting a climate emergency resolution. E. Donavon Falzel encouraged Council to consider adopting a climate emergency resolution. Viviana Montalvo encouraged Council to consider adopting a climate emergency resolution and accept leadership from indigenous individuals on the Climate Action Plan committee. Shirley Mancancannon encouraged Council to consider adopting a climate emergency resolution and include representation and input from indigenous individuals. City of Fort Collins Page 169 July 2, 2019 Jeremy (no last name given) encouraged Council to consider adopting a climate emergency resolution and include representation and input from indigenous individuals. Chester McQueary encouraged Council to consider adopting a climate emergency resolution. Adam Lovell encouraged Council to consider adopting a climate emergency resolution and to hire indigenous individuals to provide input on all environmentally -related decisions. Paul Patterson commended the City for working with other public agencies to complete the North College Avenue sidewalks and thanked the City for moving the publicly -available mulch to the recycling facility. Nick (no last name given) encouraged Council to consider adopting a climate emergency resolution. Josh Beard opposed a proposed homeless shelter on North College Avenue. Maggie (no last name given) encouraged Council to declare a climate emergency and noted the climate directly affects the economy. Leeann Sullivan encouraged Council to consider adopting a climate emergency resolution. Zach Heath encouraged Council to consider adopting a climate emergency resolution. Dennis Nader opposed a proposed homeless shelter on North College Avenue, stating relocation will not solve the problem. Will Risheill encouraged Council to consider adopting a climate emergency resolution and encouraged Council to seek outside guidance. Tom Rhodes, Sierra Club Poudre Canyon Group Chair, encouraged Council to consider adopting a climate emergency resolution. Nick Francis, Fort Collins Partners in Climate Action, encouraged Council to set minimum standards for energy efficiency and affordable housing in metro districts and supported adoption of the climate emergency resolution. Mary EIise Delphs stated declaring a climate emergency is long overdue and encouraged adoption of the climate emergency resolution. Susan McFadden encouraged Council to adopt the Partners in Climate Action goals for affordable housing and energy efficiency for metro districts. Charlie Masserlian opposed a proposed homeless shelter on North College Avenue. Kevin Cross stated it was a major oversight to not include input from indigenous individuals in the development of the Climate Action Plan and encouraged Council to direct staff to include representatives of indigenous communities on the advisory committee. Debra James discussed her time being homeless and stated homeless residents need safe places to exist and clean restrooms to use. City of Fort Collins Page 170 July 2, 2019 Nancy York encouraged Council to step up the Climate Action Plan goals and include indigenous communities in the committees. She also urged Council to provide leadership regarding the climate emergency. Kate Weimer urged Council to declare a climate emergency. Daryll Kettles opposed a proposed homeless shelter on North College Avenue. Diggs Brown, Veterans' Plaza of Northern Colorado founder, discussed the features of Veterans' Plaza and thanked the City for its support. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments noting Council will not be taking action on a climate emergency resolution this evening and there is no proposal for a homeless shelter on North College Avenue at this time. Councilmember Pignataro thanked the speakers and requested Josh Birks look at the memo provided regarding metro district requirements. Councilmember Gorgol thanked the speakers and noted affordable childcare options are among Council's priorities. She requested an update on the proposed homeless shelter and next steps for community engagement. City Manager Atteberry replied there have been conversations about the shelter location. Jackie Kozak -Thiel, Chief Sustainability Officer, replied Council will receive a high-level overview in its Thursday packet and will receive a process outline in the coming weeks. City Manager Atteberry committed to a robust process on the issue. Councilmember Summers asked if Council will have a work session on the overall concept of a new homeless center. City Manager Atteberry replied in the affirmative. Councilmember Summers commented on the need for community action in terms of climate issues and noted the City does prioritize the issue. Mayor Pro Tern Stephens asked how the restroom issues are being addressed. City Manager Atteberry stated staff is examining options for additional cleaning. Mayor Pro Tern Stephens asked if sharps containers are available in those restrooms. City Manager Atteberry replied he would look into the issue. Mayor Pro Tem Stephens also noted affordable childcare is one of Council's priorities and requested an update on sidewalk repair and construction. She thanked Ms. York for her climate - related suggestions such as "bus to work month" and commended the Veterans' Plaza space. Councilmember Cunniff stated there may be a need for a community conversation around consolidated services for homeless residents and possible ways that need can be addressed. Councilmember Gutowsky noted there will be a great deal of public outreach about changes to consolidated services for the homeless. City of Fort Collins Page 171 July 2, 2019 Councilmember Summers thanked Mr. Brown for his comments on Veteran' Plaza and stated it is a project worthy of ongoing community support. Mayor TroxelI thanked the speakers. • CONSENT CALENDAR Mayor Troxell noted Item No. 9, First Reading of Ordinance No. 088, 2019, Designating the Maneval/MasonlSauer Property, 100 1st Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins, involves a public hearing. Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gorgol, to adopt and approve all items on the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Emily Gorgol, District 6 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Consideration and Approval of the Minutes of the ,tune 4. 2019 Regular Council Meeting. (Adopted) - - The purpose of this item is to consider and approve the minutes from the June 4, 2019 regular Council meeting. 2. Second Reading of Ordinance No. 075 2019 Makina Approgriations and Authorizinci Transfers of Appropriations for the Drake Water Reclamation Facility Sidestream Treatment Project and Related Art in Public Places. (Adopted) This Ordinance, unanimously adopted on First Reading on June 4, 2019, appropriates additional funding for the Drake Water Reclamation Facility (DWRF) Sidestream Treatment Project. This request is necessary to complete the permit -required project within the required timeframe to meet DWRF's National Pollution Discharge Elimination System (NPDES) phosphorus compliance schedule deadline of December 31, 2020. Successful operation of this infrastructure will also earn regulatory credits to delay future capital project expenses by upwards of 10 years. 3. Second Reading of Ordinance No. 076, 2019, Approving, Affirming and Ratifying Funding of the Non -City Share of the NECCO Proiect by Offering to Owners and Developers of Property Within the NECCO Area a Proportionate Buy -In to Connect to the NECCO Proiect. (Adopted) This Ordinance, unanimously adopted on First Reading on June 4, 2019, adopts the cost share concept whereby development and redevelopment draining into the Northeast College Corridor Outfall (NECCO) stormwater system are required to pay their proportional cost share of the NECCO improvements if they choose to use the NECCO system in lieu of constructing separate stormwater facilities. The NECCO stormwater system (or NECCO Project) was designed to provide an adequate stormwater outfall for the area north of Vine Drive and east of College Avenue in order to alleviate existing drainage problems and to facilitate development and redevelopment in the area. City of Fort Collins Page 172 July 2, 2019 4. Second Reading of Ordinance No. 079, 2019, Authorizing Execution of a Deed of Dedication to the City of Loveland for the Extension of Rockwell Avenue Across Jointly Owned City and City of Loveland Property at the Northern Colorado Regional Airport. (Adopted) The purpose of this item is to dedicate to the City of Loveland the right-of-way for extension of Rockwell Avenue across jointly owned Airport property. In connection with development of real property adjacent to the Airport, the City of Loveland wishes to extend Rockwell Avenue from its current terminus over and across a portion of the jointly owned Airport property, requiring dedication of approximately 1.3 acres for right-of-way purposes. The cost of constructing approximately 700 feet of the anticipated future extension will be borne by the developer of the adjacent property, with no financial contribution by the Airport. 5. Items Relating to Regulating Electric Scooters. (Adopted) A. Second Reading of Ordinance No. 082, 2019, Amending the Fort Collins Traffic Code Relating to Electric Scooters. B, Second Reading of Ordinance No. 083, 2019, Amending Chapter 24 of the Code of the City of Fort Collins Relating to Parking of Electric Scooters. These Ordinances, unanimously adopted on First Reading on June 4, 2019, amend the Traffic Code and City Code relating to the regulation of the operation and parking of electric scooters. These amendments will treat electric scooters the same as bicycles and electrical assisted bicycles (with three exceptions) and adds a definition of electric scooter that is consistent with HB 19-1221 and regulates the parking of electric scooters. 6. First Reading of Ordinance No. 084 2019 Appropriating Unanticipated Grant Revenues From Bloomberg Philanthropies and Authorizing Transfers of Appropriations in the Light and Power Fund for Residential Efficiency Pro ect Loans. (Adopted) The purpose of this item is to appropriate $193,650 of $682,000 in grant award revenues from Bloomberg Philanthropies, as part of the Bloomberg Mayor's Challenge, into the Fort Collins Utilities Light and Power fund and Economic Health Office for the purposes of ongoing project management and operations of Epic Homes and a sub -grant to Colorado State University for indoor air quality research. The remaining $488,350 of the 2019 balance of funds will be appropriated for Epic Loan capital in alignment with pending third -party capital agreements. 7. Items Relating to Various Amendments to the City of Fort Collins Land Use Code. (Adopted) A. First Reading of Ordinance No. 077, 2019, Making Various Amendments to the City of Fort Collins Land Use Code. B. First Reading of Ordinance No. 078, 2019, Amending the City of Fort Collins Land Use Code Regarding Community Development and Neighborhood Services Director Variances to Certain Land Use Code Standards. The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are generally routine in nature that have been identified since the last update in February 2019. The proposed change to allow the Community Development and Neighborhood Services Director to process certain variances is presented as a separate ordinance because the change is not necessarily routine in nature and would allow the Director to process certain variances currently reviewed by the Zoning Board of Appeals. 8. Items Related to Sales Tax Code Updates. (Adopted) A. First Reading of Ordinance No. 085, 2019, Amending Article XVIII of Chapter 15 of the Code of the City of Fort Collins Relating to Short -Term Rental Licenses. City of Fort Collins Page 173 July 2, 2019 B. First Reading of Ordinance No. 086, 2019, Amending Article 11 of Chapter 25 of the Code of the City of Fort Collins Relating to the City's Tax Rebate Programs. C. First Reading of Ordinance No. 087, 2019, Amending Article III of Chapter 25 of the Corte of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City's Sales and Use Taxes. The purpose of this item is to amend City Code sections in Chapter 15 and 25 to provide clarification for definitions and the application of various sections of the Code. 9. First Read Ina of Ordinance No. 088, 2019. Designating the M a neval/M ason/Sa uer Property,100 1st Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins_ (Adopted) This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council's Rules of Meeting Procedures adopted in Resolution 2019-064. The purpose of this item is to consider the request for landmark designation of the Maneval/Mason/Sauer Property, 1001 st Street. This is a voluntary designation at the property owner's request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 10. Resolution 2019-075 Approving the 2019 Certification to the Larimer County Assessor Pursuant to Colorado Revised Statutes Section 31-25-807f31fa1(IV)fB1 for the Downtown Development Authority Property Tax Increment. (Adopted) The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions that are to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2019 property taxes payable in 2020 to the City and to all other affected taxing entities. • END CONSENT 0 CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff commented on Item No. 5, Items Relating to Regulating Electric Scooters, noting the ordinances specifically prohibit the use of electric scooters on trails. Mayor Pro Tern Stephens noted Item No. 6, First Reading of Ordinance No. 084, 2019, Appropriating Unanticipated Grant Revenues From Bloomberg Philanthropies and Authorizing Transfers of Appropriations in the Light and Power Fund for Residential Efficiency Project Loans, is a good news item that will help advance the Climate Action Plan. Mayor Troxell also commented on Item No. 6 noting it is related to thermal energy. • COUNCILMEMBER REPORTS Councilmember Gutowsky reported on a cycling and adaptive recreation event at the Northside Atzlan Center. Mayor Pro Tern Stephens reported on the Colorado Municipal League conference in Breckenridge and stated Mayor Troxell received a lifetime achievement award for his service to the League. She City of Fort Coltins Page 174 July 2, 2019 also reported on the National League of Cities Leadership Conference and the Larimer County transportation funding regional taskforce committee meeting during which the possibility of a 14 cent sales tax measure for transportation funding was discussed. Councilmember Pignataro announced a listening session Saturday at the Foothills Activity Center and reported on a women -owned business listening session and the annual statewide conference for the Colorado Foundation for Universal Healthcare. Councilmember Gorgol reported on the recent Open Streets event, Bike to Work Day, and a forum with the Board of Realtors about affordable housing options. Councilmember Gutowsky discussed a meeting with a delegation from Portugal related to sustainability challenges. Mayor Troxell reported on the Colorado Municipal League conference and stated Fort Collins is frequently recognized for its leadership in a number of areas. He also reported on the National League of Cities conference. Councilmember Gutowsky reported on a La Familia listening session. (Secretary's Note: The Council took a brief recess at this point in the meeting.) • DISCUSSION ITEMS 11. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the Sunshine House at Bucking Horse Major Amendment (MJA#1900011. (Planning and Zoning Board Decision Upheld) The purpose of this item is to consider an appeal of the Planning and Zoning Board Decision on April 18, 2019, approving the Sunshine House at Bucking Horse Major Amendment, MJA#190001. The appeal was filed on May 2, 2019. The appellant has raised the following issues on appeal. A. Whether the Planning and Zoning Board failed to conduct a fair hearing because it: 1. Considered evidence relevant to its findings that was substantially false orgrossly misleading; 2. Improperly failed to receive all relevant evidence offered by the appellant; and/or 3. Was biased against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Board's independence of judgment. B. Whether the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the City Code, Land Use Code, and Charter, including the following Code sections: 1. City Code Section 10-81-Specific standards for Poudre River five -hundred -year floodplain and zone x shaded areas; 2. Land Use Code Sections 1.2.2(M) — Purpose, and 5.1.2 - Definitions; and 3. Land Use Code Section 4.2.B(3)(c)1 - Urban Estate Zone District Permitted Uses, 1.2.2(M) — Purpose, and 5.1.2 — Definitions. Mayor Troxell discussed the quasi-judicial role of Council in this hearing. City Attorney Daggett reviewed the appeal process and allegations and defined the parties -in - interest. City of Fort Collins Page 175 July 2, 2019 Tom Leeson, Community Development and Neighborhood Services Director, discussed the proposed project and the appeal allegations. Mayor Troxell asked Councilmembers to disclose any potential conflicts of interest. Councilmember Cunniff disclosed the fact that a former Planning and Zoning Boardmember contacted him about the possibility of providing testimony; however, he did not respond to the text and does not believe the receipt of the text will affect his ability to fairly judge the facts of the case. Mayor Troxell noted he attended a Planning and Zoning Board work session along with former Councilmember Martinez at the request of the Leadership Planning Team to remind the Planning and Zoning Board of their responsibility to look specifically at the Land Use Code in its consideration of items. He stated that experience will not affect his ability to fairly judge the appeal. Mayor Troxell noted no official site visit occurred and no Councilmembers disclosed any visit to the site. Councilmember Cunniff noted the applicant was briefly present at a Council farewell event for outgoing Councilmembers. Parties -in -interest supporting the appeal and opposing the appeal identified themselves. Mayor Troxell outlined the time allotments for presentations and rebuttals and asked for procedural issues to be discussed. Rachel Smith, party -in -interest, asked why a Planning and Zoning Boardmember was told he could not speak. City Attorney Daggett replied the Code clearly outlines who can be a party -in -interest and members of the Board that made the decision that is being appealed are not included as parties - in -interest. She noted attorneys are allowed to represent parties -in -interest. Lucia Liley, attorney for the applicant, stated the appellant's presentation contains some new slides that would be considered new evidence; however, she did not object to the inclusion of that evidence. APPELLANT PRESENTATION Arnold Robinson, appellant, stated the site of the proposed day care is in a FEMA floodplain. Rachel Smith stated this project is a blatant bait and switch that significantly changes the character of the neighborhood and will result in a loss of property value for residents and an increase in nuisances such as traffic and noise. The appellants also believe the decisions made were procedurally biased and building in a FEMA floodzone and within the required buffer for a sewage plant puts children at risk. Ms. Smith discussed the original plan for the site of a working farm and noted the lots bordering the farm were being sold at a $100,000 premium. She argued the majority of the homes sold in Bucking Horse Estates were done so under false pretenses as Gino Campana had been working with Sunshine House since 2017. City of Fort Collins Page 176 July 2, 2018 Sam Jeng stated the appellants feel there was a lack of due process for the flood zone variance approved by the Water Board. Members of the Water Board referred to the project as being "fast tracked" and noted no public notifications were sent out for the Water Board meeting. Mr. Jeng also stated appellants are concerned about the approval of the alternative compliance plan for a habitable structure to be less than 1,000 feet from the wastewater treatment facility. Ms. Liley objected to the considerable discussion about the waiver from the sewer facility buffer, which is not present in the appeal. Mr. Robinson stated it was addressed on the final page relating to concerns about variances and waivers. Ms. Liley stated the concerns about the FEMA floodplain included specific Code citations and descriptions and there was no specific information about the sewer facility buffer waiver. Mayor Troxell requested the appellants cite specific items within the Land Use Code for the balance of their presentation. Mr. Jeng stated the issue was raised extensively at the Planning and Zoning Board meeting. City Attorney Daggett stated it has been noted for the record that this line of argument is outside the scope of the notice of appeal; however, the appellants may continue to use their time to discuss the issue. Mr. Jeng questioned whether the proposed mitigation measures related to the sewer facility buffer are sound and sufficient despite being listed in the Code. He thanked Council for being willing to hear the concerns of citizens. Mr. Robinson requested permission to read a letter from a member of the Planning and Zoning Board. Ms. Liley stated she has not seen the letter nor was it submitted in the packet as required. She stated she does not believe the evidence is permissible. Mayor TroxelI requested the appellants put any evidence in the form of an argument. Mr. Arnold stated the letter is in support of the appeal and asserts the hearing process was flawed as the presence of Mayor Troxell and then Councilmember Martinez at the Planning and Zoning Board work session could have been perceived as an attempt to influence the outcome of the major amendment. Mr. Arnold noted the Boardmember who wrote the letter submitted a formal complaint to the Human Resources Department and nothing has come of that complaint. APPLICANT PRESENTATION Ms. Liley reviewed the history of the Bucking Horse neighborhood noting the working farm was originally approved through the addition of a permitted use process. She stated Mr. Campana, the developer, went through many steps to make the farm a reality, including site work and the installation of a shared parking lot. She stated it then became apparent that the cost to the neighborhood through HOA fees to operate the farm would be unmanageable in the long term. City of Fort Collins Page 177 July 2, 2019 Ms. Liley reviewed the proposed day care project noting the closest property line is 134 feet away. She discussed the floodplain issues and Water Board approval of the variance, which was not appealed and is not subject to further review. Ms. Liley stated there is no Land Use Code prohibition against changing the character of a project through a major amendment, which is exactly the process the Land Use Code outlines for a project change which could be considered a change in character. She stated this change of use to a day care use meets the relevant Article 3 and 4 Land Use Code standards as shown by the record. Ms. Liley noted the Planning and Zoning Board's decision must be based on the Land Use Code and stated the appellant cited no evidence that the proposed major amendment failed to meet any relevant standard. She discussed Mayor Troxell and former Councilmember Martinez's visit to the Planning and Zoning Board work session, stating that visit was solely to remind the Board of its role in following the Land Use Code. Genesis Stephens, Sunshine House, stated affordable childcare and quality early education are community needs and values that deserve support. She discussed the need for childcare in Fort Collins and requested Council uphold the Planning and Zoning Board's approval of the project. APPELLANT REBUTTAL Ms. Smith stated she was told Senior City Planner Ted Shepard voluntarily removed himself from the project and was not asked to recuse himself. She also noted the HOA mentioned is run by Mr. Campana, despite him not living in the neighborhood and stated a day care was originally planned for the commercial area of the neighborhood. Ms. Smith stated there was not a staff recommendation of approval for the floodplain variance and questioned how they could appeal the Water Board decision when they knew nothing about the hearing. She also noted there has been no statement that this daycare facility will provide affordable care. Mr. Jeng stated he recalled a community member asking Mr. Shepard, at a neighborhood meeting, what recourse the neighborhood might have, and Mr. Shepard provided no response. He also stated the community's need for daycare does not have anything to do with the Land Use Code. He questioned whether it makes sense for a developer with financial and potentially political ties to do as he wishes in a neighborhood that is not his own. APPLICANT REBUTTAL Ms. Liley stated one of the specific criteria for the granting of a modification is whether the proposed use fulfills or meets a stated City policy, plan, or priority, and daycare is a priority; therefore, it was legally and necessarily addressed at the Planning and Zoning Board hearing. She also noted Council's decision, just like the Planning and Zoning Board's decision, must be bound by the rules Council has set for itself. COUNCIL QUESTIONS AND DELIBERATION Councilmember Cunniff asked if the Water Board hearing is the only place the floodplain determination can be made. City Attorney Daggett replied in the affirmative. City of Fort Collins Page 178 July 2, 2019 Councilmember Cunniff asked what provisions of the Code directed Mayor Troxell and Councilmember Martinez to attend a Planning and Zoning Board work session during a particular Land Use Code decision. City Attorney Daggett replied there is no provision for Councilmembers to participate in or influence the Planning and Zoning Board specifically related to an application and it is her understanding that that conversation was not intended to be specifically about this particular application but was generally about the Board's function and some questions that the Board had asked. Councilmember Cunniff stated his belief is that Mayor Troxell and Councilmember Martinez were not intending to give direction on the particular item, but questioned whether the message may have been misunderstood by Boardmembers. He questioned whether Council should remand the decision to the Board and ask them to disregard the work session attendance of Mayor Troxell and Councilmember Martinez. City Attorney Daggett noted there was one Planning and Zoning Boardmember who recused himself from the decision because of his sense of the effect of the work session discussion; however, other Boardmembers who participated specifically felt they were not influenced in a way that made them unable to make a fair decision. Councilmember Cunniff stated many of these questions could be cleared up if the Board was specifically asked to reconsider the item without taking the work session discussion into account. Councilmember Summers stated he was unsure he wanted to remand the item as he did not want to send the message that Council assumed there was some bias. Councilmember Pignataro asked how the Water Board rules differ from other boards. City Attorney Daggett replied the floodplain variance process is specifically laid out in Chapter 10 of the City Code. The Water Board conducts a quasi-judicial hearing and makes a decision which is then subject to appeal within two weeks. The notice requirements are not the same as those set out in the Land Use Code; however, the appeal period is the same. Councilmember Pignataro asked if Mayor Troxell and Councilmember Martinez were present when Boardmembers were asked if they felt like they had a bias. City Attorney Daggett replied that question took place at the April Planning and Zoning Board hearing and she did not believe any Councilmembers were present. Councilmember Pignataro asked how the current makeup of the Board would differ from that when the decision was made. City Attorney Daggett replied there has been one Boardmember who has resigned, though that member was not present at the April hearing, and one Boardmember who did recuse himself. Mayor Pro Tem. Stephens stated the Boardmembers clearly and articulately expressed why they were supporting the project and noted conditions were applied to help address some of the neighborhood disruption. She stated she found no evidence the Board seemed pressured to make the decision it did. Councilmember Pignataro asked about the letter of complaint from the Planning and Zoning Boardmember to Human Resources. City Attorney Daggett replied the complaint was initially reviewed, the complainant was contacted, and the complainant eventually withdrew the complaint. City of Fort Collins Page 179 July 2, 2019 Councilmember Gutowsky stated this comes down to a legal issue versus a feelings issue. She acknowledged decisions must be made based on the rules, but she felt unsettled by the ethics. Mayor TroxeIl asked if it is typical for a developer to play a key role in the homeowner's association initially with a transition in the future. Leeson replied that is generally accurate and a homeowner's association would typically be transferred to the homeowners after a certain number of lots are sold. Mayor Troxell asked about City support of citizens through development projects. Mr. Leeson replied Neighborhood Services has an individual who acts as a liaison to the neighborhoods to help answer questions about the process and provide information. Mayor Troxell stated he was at the Planning and Zoning Board work session less than 20 minutes, at the direction of the Leadership Planning Team, to provide support for following the Land Use Code standards. He stated he has done similar things before other boards and commissions. Councilmember Cunniff stated his concern was that the message may not have been received by the Board in the same way it was delivered by Mayor Troxell and Councilmember Martinez. The Board was never specifically asked if members had concerns or felt they could provide fair judgement after Mayor Troxell and Councilmember Martinez' visit to the work session but were rather asked about an issue related to allegations by Boardmember Pardee and rebuttal by Mr. Campana. Mr. Leeson confirmed that was the case. City Attorney Daggett noted Boardmember Hobbs detailed his concerns about the work session discussion with Councilmember Martinez and Mayor during that discussion, and there were Boardmembers who continued to respond and state they could be impartial at that point; therefore, it could be interpreted Boardmembers were all having a conversation about whether they could be fair and impartial with the specific work session discussion being brought to light. Councilmember Cunniff stated that is a plausible interpretation, but may not be the only one. He acknowledged he is unsure what would be different if Council remanded the decision, but that is his current preference. Councilmember Summers made a motion, seconded by Mayor Pro Tern Stephens, that the Council determine that the Planning and Zoning Board conducted a fair hearing in its consideration of the Sunshine House at Bucking Horse Major Amendment MJA 190001, and finding that the Board did not consider evidence relevant to its decision that was substantially false or grossly misleading, did not improperly fail to receive all relevant evidence offered by the appellant, and was not biased against the appellant by reason of a conflict of interest or other close business, personal, or social relationship that interfered with the Board's independence of judgement, and further, that the Council find that, based on the evidence in the record and presented at this hearing, the allegation that the Board did not conduct a fair hearing is hereby found to be without merit and is denied. Mayor Pro Tern Stephens stated the HOA survey mentioned at the Planning and Zoning Board hearing is not relevant to the decision, noted all evidence was received by the Board and Council, the bias piece does not apply to the planner, and while the timing of the work session visit by Mayor Troxell and Councilmember Martinez may not have been the best, reminding the Board of its duty to follow the Code is important. She stated this was a fair hearing. Councilmember Cunniff stated he disagrees with the conclusion. Cary of Fort Collins Page 180 July 2, 2019 Councilmember Gutowsky stated she would support the motion, but with great reservation. She questioned whether the $100,000 lot premium might be refunded to homeowners as they will not have the proposed working farm. Councilmember Pignataro stated she would not support the motion as more time should have lapsed so as to allow a more unbiased decision to be made. Councilmember Gorgol stated she would support the motion as Boardmembers had the opportunity to recuse themselves and there was further opportunity through the Human Resources complaint which was withdrawn. It is important to reflect neighborhood decisions in planning and this is an unfortunate situation; however, the Land Use Code was followed, and it was a fair hearing. Mayor Pro Tem Stephens stated it is important that residents have a say in what happens in their neighborhoods; however, this use is clearly allowed in UE and other residentially zoned neighborhoods because it is a community priority. Mayor Troxell stated this was a fair hearing and he would support the motion. RESULT: PLANNING AND ZONING BOARD HELD A FAIR, UNBIASED HEARING [5 TO 2] MOVER: Ken Summers, District 3 SECONDER: Kristin Stephens, District 4 AYES: Gorgol, Summers, Stephens, Troxell NAYS: Pignataro, Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, that Council uphold the decision of the Planning and Zoning Board approving the Sunshine House at Bucking Horse major amendment MJA 190001, finding that the Board properly interpreted and applied the relevant provisions of the City Code and Land Use Code cited in the appeal notice, and further, that Council, based on the evidence in the record and presented at this hearing, find that the appeal is hereby found to be without merit and is denied. Councilmember Cunniff stated he would like to support this motion as the decision does fit the Land Use Code; however, there is some amount of interpretation in the Land Use Code, and based on his previous concern about the hearing, he does not know if the same decision would have been made had events not transpired as they did. Councilmember Gutowsky stated she does not believe this is the right location for a childcare center, and despite it being legal, she will not support the motion. Mayor Troxell stated he would support the motion as the project falls within the Land Use Code regulations. City of Fort Collins Page 181 July 2, 2019 RESULT: PLANNING AND ZONING BOARD DECISION UPEHLD [4 TO 31 MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Gorgol, Summers, Stephens, Troxell NAYS: Pignataro, Gutowsky, Cunniff 12. Resolution 2019-076 Adopting the 2019-2021 City Council Priorities. (Adopted) The purpose of this item is to consider formal adoption of City Council's priorities for 2019-2021. Tyler Marr, Policy and Project Manager, stated this Resolution adopts the Council's priorities which are a result of the Council retreat and work session. He discussed how the priorities fit within the City's strategic cadence, noting Council will develop and adopt a Strategic Plan in winter of 2020. He stated clarifying work sessions will be forthcoming and updates will be provided in the form of the quarterly dashboard. Eric Sutherland stated legislative processes require legislative initiative to accomplish anything and questioned what Council is doing with this resolution. Councilmember Cunniff asked about the alleyway strategy enabling access for accessory dwelling units or affordable housing options and whether those options would be compatible with City Plan statements. Mayor Troxell replied in the affirmative, stating making alleyways more vibrant and active is the primary goal. Councilmember Cunniff asked if staff interprets strategies relating to plastic pollution to include potential resolutions and ordinances as appropriate. Marr replied in the affirmative. Councilmember Pignataro asked how Council's priorities work with scheduling. Marr replied staff begins work on all priorities with initial action plans which will be reported in the quarterly dashboard. He stated calendar conversations occur with the Executive Leadership Team and the Leadership Planning Team. Mayor Troxell noted the Leadership Planning Team plays a key role in ensuring items come forward in a timely manner. City Manager Atteberry noted this is a two-year priority list and he is concerned about the ability to accomplish all that is listed, particularly in the area of Sustainability Services, without time and resource allocations. Councilmember Summers thanked Marr and staff for their work and stated addressing them as efficiently as possible is a good approach. Mayor Pro Tem. Stephens made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-076. City of Fort Collins Page 182 July 2, 2019 RESULT: RESOLUTION 2019-076 ADOPTED [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 13. Items Relating to Delivery of Telecommunication Services by Fort Collins Connexion. (Adopted on First Reading) A. First Reading of Ordinance No. 089, 2019, Amending Chapter 26 of the Code of the City of Fort Collins to Further Authorize and implement the City's Provision of Telecommunication Facilities and Services as Provided in City Charter Article XII, Section 7. B. First Reading of Ordinance No. 091, 2019, Authorizing the Purchasing Agent to Enter into Licensing Contracts with a Term Length in Excess of Five Years for the Acquisition of Video Content Rights in Furtherance of Fort Collins Connexion's Delivery of Telecommunication Services. The purpose of Ordinance No. 089, 2019, is to adopt a variety of revisions, clarifications and additions to City Code Chapter 26 pertaining to Utility Services to accommodate telecommunication services. These revisions include: 1. Creation of basic authority and an operational framework for the provision of telecommunication facilities and services (broadband) (new Article Vlll of Chapter 26). 2. Amendments to add the "telecommunication services division" (broadband or Connexion) as a division of the electric utility, and a part of the existing electric utility enterprise (as authorized by Section 7, Article XiI of the City Charter) and to separate administration and supervision of the telecommunication services division under the direction of the City Manager from that of the electric utility under the direction of the Utilities Executive Director. 3. Amendments to customer billing and collection provisions to address the existence and treatment of the telecommunication services division. Ordinance No. 091, 2019, will approve long-term licensing agreements with a term of up to seven years for video content to be delivered to Connexion's subscribers. City Code Section 8-186(a) limits the term of contracts for services to a total of five years unless authorized by Council by ordinance. Colman Keane, Broadband Executive Director, discussed the history of the Connexion Broadband Utility to this point. Ordinance No. 089, 2019 amends City Code and adds additional articles for the provisioning of the Fort Collins Broadband Connexion services. This allows rates and fees to be set by the City Manager within certain boundaries and allows the City Manager to develop terms and conditions of service. Ordinance No. 091, 2019 provides for the City's Purchasing Agent to enter into long-term licensing agreements for video services. Eric Sutherland stated Colorado Revised Statutes Section 24-6-402 clearly prohibits a public entity in the state from going into executive session to discuss competition with private enterprise. He stated these Ordinances are not ready for prime time and opposed the way in which Council has adopted legislation related to the Broadband Utility. Councilmember Cunniff requested follow-up prior to Second Reading regarding the wording issues brought up by Mr. Sutherland. City Attorney Daggett replied staff has made note of those changes and will provide Council with information related to any additional changes made prior to Second Reading. City of Fort Collins Page 183 July 2, 2019 Councilmember Cunniff asked how Council/City Manager interactions will develop related to terms of use and requested information prior to Second Reading regarding whether terms of use will have been considered violated if people are using the network for criminal purposes or for purposes deemed criminal in the future. He also requested consideration of some periodic accountability reports on rates. City Manager Atteberry stated he is in full agreement and anticipates an evolution of terms of use and other policies. Mayor Pro Tem Stephens stated rates for lower income residents should be part of the rate structure. City Manager Atteberry replied there will be subsequent conversations around that as appropriate roles for the Broadband Utility and the General Fund are fleshed out. Councilmember Pignataro stated she is confident the City has done its due diligence in studying both successful and unsuccessful broadband models around the country. She is pleased that net neutrality is now in the hands of the City Mayor Pro Tem Stephens made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 089, 2019, on First Reading. Councilmember Cunniff expressed support for the broadband effort moving forward. Mayor Troxell stated the community is excited for this upcoming service. RESULT: ORDINANCE NO. 089,2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ken Summers, District 3 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Mayor Pro Tem Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 091, 2019, on First Reading. Councilmember Cunniff stated the City is getting into providing content as its competitors do both content and networking. Mayor Pro Tem Stephens stated this makes sense in terms of the ability to provide bundled service. Mayor Troxell agreed this is helpful from a competitive standpoint. RESULT: ORDINANCE NO. 091,2019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff Motion to Suspend the Rules Councilmember Cunniff made a motion, seconded by Mayor Pro Tem Stephens, for Council to suspend its rules to continue the meeting past 10:30 p.m. to finish all the items currently on the agenda and such other business as may come before the Council. City of Fort Collins Page 184 July 2, 2019 RESULT: ADOPTED [UNANIMOUS] MOVER: Ross Cunniff, District 5 SECONDER: Kristin Stephens, District 4 AYES: Pignataro, Gorgol, Gutowsky, Summers, Stephens, Troxell, Cunniff 14. Items Relating to the Completion of the 2019 Spring Cvcle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community_Development Activities Utilizing Funds from the Federal Community Development Block Grant CDBG Program, Federal HOME Investment Partnerships HOME Program, the City's Affordable Housing. _Fund (AHF) and the Citv's Human Services Program (HSP), and Aooromiatina Funding Consistently Therewith. (Adopted on Second Reading) A. Second Reading of Ordinance No. 080, 2019, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 081, 2019, Appropriating Unanticipated Revenue in the HOME Investment Partnerships Fund. Ordinance No. 080, 2019, appropriates the City's FY2019 Community Development Block Grant (CDBG) Entitlement Grant and CDBG program income and CDBG reconciled funds from FY2017 and FY2018. Ordinance No. 081, 2019 appropriates the City's FY2019 HOME Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD). Both Ordinances were adopted on First Reading on June 4, 2019 by a vote of 5-0 (Gorgol recused; Troxell absent). Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest. Mayor Pro Tern Stephens made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 080, 2019, on Second Reading. RESULT: ORDINANCE NO. 080, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Kristin Stephens, District 4 SECONDER: Ross Cunniff, District 5 AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff RECUSED: Gorgol Mayor Pro Tern Stephens made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 081, 2019, on Second Reading. RESULT: ORDINANCE NO. 081, 2019, ADOPTED ON SECOND READING [6 TO 0] MOVER: Kristin Stephens, District 4 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff RECUSED: Gorgol 15. First Readln-q of Ordinance No. 090 2019 Appropriating Unanticipated Grant Revenue in the General Fund for Updating Policies Codes and Reciulations Affecting the Quality and Quantity of Affordable Housing in Fort Collins. (Adopted on First Reading) The purpose of this item is to appropriate unanticipated grant revenue awarded by the Colorado Department of Public Health and Environment (CDPHE) through its Health Disparities Grant Program (HDGP,i to implement critical updates to policies, codes and regulations affecting the quality and quantity of affordable housing with a specific lens on reducing health inequities in Fort Collins. This City of Fort Collins Page 185 duly 2, 2019 housing affordability and health equity project will use CDPHE grant funds in the amount of $795,657 in reimbursable grant funding over a two-year grant cycle (State Fiscal Year 2020-2021). Councilmember Gorgol withdrew from the discussion of this item due to a conflict of interest. Councilmember Summers asked about the verbiage that health outcomes are not just related to housing, but rather to quality housing. Meaghan Overton, City Planner, replied there is ample evidence that the safety and habitability of housing is directly tied to the health of its inhabitants. All of the language in the Resolution is the beginning of a multi -year grant process that will be heavy on community engagement to try to create some solutions that work toward the overall affordability of housing in the community. Councilmember Summers asked if the focus is on the Hispanic community in order to have more of a definitive group. Overton replied it is difficult to separate health impacts from socio-economic status and race. There are parts of the community where people are experiencing more negative health outcomes. Councilmember Summers asked about using the Housing First effort which has housed homeless residents as a study population. Overton replied the Housing First initiatives were not a specific focus of this grant application; the target population for this grant is people making up to 120% of area median income who are spending more than 30% of their income on housing. She noted there is a formal evaluation process required as part of this grant. Councilmember Summers stated it would be interesting to look at oral health as an important determinant of overall health as part of this project and stated he would like to add a section including an annual reporting requirement. Councilmember Summers made a motion, seconded by Councilmember Pignataro, to adopt Ordinance No. 090, 2019, on First Reading. Councilmember Summers requested the inclusion of language related to an annual written and/or work session report. City Attorney Daggett read suggested language which was accepted as being a friendly amendment by Councilmembers Summers and Pignataro. Mayor Pro Tern Stephens stated this is a good news item and she looks forward to supporting it. RESULT: ORDINANCE NO.090, 2019, ADOPTED ON FIRST READING [6 TO 0] MOVER: Ken Summers, District 3 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Gutowsky, Summers, Stephens, Troxell, Cunniff RECUSED: Gorgol • OTHER BUSINESS Councilmember Cunniff requested Council support to direct the City Manager and City Attorney to bring back a voluntary zoning initiation resolution for the Hughes Stadium property at the next regular meeting on July 16. City of Fort Collins Page 186 July 2, 2019 Mayor Troxell stated this would be a new step for Council and stated the usual process would involve the developer and provide Council an opportunity to vote on the proposed zoning. Councilmember Cunniff stated the reason he feels this is an appropriate course of action is that this is the largest redevelopment plot and annexation of a transitional -zoned property in recent memory, and it is worthwhile for Council to consider it strictly within the framework of City Plan and other planning documents rather than waiting for a developer to propose a zoning. City Attorney Daggett stated the Land Use Code specifies who is authorized to initiate a zoning action, and Council is specifically identified as one of those parties. Mayor Pro Tern Stephens requested a brief outline of the usual zoning process. Tom Leeson, Community Development and Neighborhood Services Director, replied zoning is typically initiated as part of annexation and is typically established based on the underlying Structure Plan. Transitional zoning allows the underlying property owner to propose a zoning in conjunction with a development. The proposed zoning and development would then be evaluated for consistency with the Structure Plan and Land Use Code. Mayor Troxell asked if the Project Development Plan phase occurs after the zoning has been determined. Leeson replied it can be concurrent with the development proposal. Councilmember Pignataro stated, as a community member, she would prefer elected officials determine what zoning is appropriate rather than a developer. This would hopefully help to avoid a future appeal. Leeson noted the Structure Plan, which was adopted as part of City Plan, establishes place types, and there are two different place types on the Hughes property. The western portion is considered a suburban neighborhood place type with two applicable and consistent zone districts, and the eastern portion is considered a mixed neighborhood place type with two applicable zone districts. Councilmember Cunniff stated his purpose is to clearly separate the zoning question from the development review question, though it may result in the same conclusion. Councilmember Summers asked if CSU still owns the property. Leeson replied in the affirmative. Councilmember Summers asked if any proposals for the property have come forward. Leeson replied CSU put out a request for proposal for a master developer of the site and chose Lennar. The City has had an initial review with Lennar where a conceptual preliminary development plan was submitted, and the City provided a significant number of comments in response. The next step is the submittal of a formal development application, part of which would be proposed zone districts. Councilmember Gorgol asked what types of community engagement would occur should Council take on the zoning initiation and asked what any appeal of that decision would look like. Leeson replied a normal zoning and community engagement process would occur and would involve a staff recommendation to the Planning and Zoning Board, which would then provide a recommendation to Council, and Council would have two hearings and act in a quasi-judicial fashion. He stated there would also likely be a neighborhood meeting. City of Fort Collins Page 187 July 2, 2019 Councilmember Gutowsky asked if it would be possible for the developer to back out of the project should it disagree with Council's zoning decision. Leeson replied that is a possibility as the developer would want the zoning to correspond to their investment -backed expectations. Mayor Troxell expressed concern about possible negative impacts on the project timeline and expectations and noted there are guidelines that should make the processes predictable, repeatable, and understandable. Leeson replied the schedule of the developer may be affected as they may wait to move forward to see about the outcome of the zoning process; however, a Council -initiated zoning process would not affect any City schedules. Councilmember Cunniff received support for his request. Councilmember Gorgol requested and received Council support to direct staff to bring forward an option for a moratorium on the redevelopment of mobile home parks while Council is exploring the topic. Mayor Troxell asked about the definition of a mobile home park. Rebecca Everette, Development Review Manager, replied there are a few zone districts that allow manufactured housing and mobile home development. It is defined as a parcel of land which has been planned, improved, or is currently used for the placement of mobile homes and contains more than one mobile home lot. Councilmember Pignataro requested and received Council support to direct staff to bring forth a resolution related to declaring a climate emergency while ensuring no changes in policy would be necessary. Mayor Troxell questioned the definition of 'emergency' in this context. Councilmember Pignataro replied she would like that definition to be part of the resolution. She would like the resolution to be goal -driven yet realistic. Councilmember Summers stated the City already has goal -driven, yet realistic climate plans and he has no interest in using a community -initiated special interest group resolution as a Council policy. He cited the heavy winter precipitation and stated governments, not corporations, use the majority of energy. Councilmember Gutowsky stated the citizen comments reflect more than just a few passionate people, but rather what can be heard nationally and internationally as being a global concern. She suggested this could be examined as an imperative to recognize and support community concerns. Councilmember Cunniff stated he supports the use of the word "emergency" as it directs action to be taken on an emerging issue. The City's current Climate Action Plan is based on the understanding that climate change is an emergency and one of its components is to provide leadership and pressure on other City partners and state and federal legislators to treat climate change with the same level of urgency. Councilmember Gorgol expressed support and requested the inclusion of indigenous individuals. Mayor Troxell stated he was part of Council that unanimously adopted in the Climate Action Plan in 2015 and he stands by that vote and the City's subsequent actions toward meeting goals. The City needs to be aspirational in its goals but pragmatic in achieving them. No solutions were City of Fort Collins Page 188 July 2, 2019 presented as part of the citizen comments and adopting this type of resolution will detract from the successes and path the City is currently on. Councilmember Summers agreed. Councilmember Cunniff stated he believes both can be done simultaneously. Mayor Troxell replied that is not the case if the resolution is about making grandstanding statements or policy changes. Councilmember Pignataro reiterated she does not believe policy changes should be part of this resolution, but the resolution would be another tool to illustrate community values. She stated she would be happy to work with staff to draft language. Mayor Troxell stated he would support a resolution that outlines and reaffirms the City's proactive approach. Mayor Pro Tern Stephens asked if there is Council support for exploring some of the metro district policies with an eye for slightly more prescriptive language around affordable housing and energy efficiency. City Manager Atteberry replied that information will be forthcoming. • ADJOURNMENT The meeting adjourned at 11:45 PM. ayor ATTEST: of FoRro,� City Cler SEAL c��OltA�O City of Fort Collins Page 189