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HomeMy WebLinkAboutMINUTES-02/19/2019-RegularFebruary 19, 2019 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting — 6:00 PM 0 ROLL CALL PRESENT: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Coldiron • AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated Item No. 12, First Reading of Ordinance No. 027, 2019, Designating the Farrington Property, 322 Edwards Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of -the City of Fort Collins, will be moved from the Consent Agenda to the Discussion Agenda to allow Councilmember Stephens to consider declaring a conflict of interest, and Item No.. 24, Possible Consideration, by City Council, of a Motion to Amend Resolution 2019-022 Related to the Ballot Language for the Renewal of the City's Current "Keep Fort Collins Great" .85% Sales and Use Tax, will be withdrawn from the agenda. • PUBLIC COMMENT Jennifer Bray discussed the importance of affordable and attainable housing and suggested Council should take a more proactive stance in creating more housing options for the future in the new version of City Plan. Eric Sutherland opposed the City Plan process and stated more practical ideas, including affordable housing possibilities, should be included. Adam Eggleston supported the City Plan process but suggested delaying Council's vote to gain more time for citizen input. Fred Kirsch stated he would ask Police Services to set up a sting on bike theft rings if elected to Council and encouraged the formation of a large dog park with water features. He asked if shades could be placed on street lights and suggested the review of City Manager Atteberry should be public. Thomas Edwards questioned the wisdom of the decision to salt streets when the snow was minimal. He also opposed the increase in his utility bills. Noah Hutchison stated citizens at the City Plan open house seemed content with the process and ultimate product. He encourage a robust discussion during Council's consideration. • PUBLIC COMMENT FOLLOW-UP Mayor Troxell summarized the citizen comments noting the Utilities fund is entirely separate from the General Fund which pays for snow maintenance. Councilmember Cunniff clarified the two funds.are completely separate. City of Fort Collins Page 46 February 19, 2019 Mayor Pro Terim Horak stated Mr.. Kirsch can talk to Utilities about getting a shade on a street light. He discussed Fort Collins' housing first policy. 9 CONSENT CALENDAR Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 014, 2019, Amending Section 2-581 of the Code of the City- of Fort Collins and Setting the Compensation of the City Attorney, 7, Items Relating to Financing and Appropriation for the I-25/Prospect Interchange and Police Regional Training Campus, and 15, Resolution 2019-025 Approving the Purchase of Video Content Licensing and Services from the National Cable Television Cooperative for Fort Collins Connexion as an Exception to the Competitive Purchase Process, from the Consent Agenda. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items not withdrawn from the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: 'Gerry Horak, District 6 SECONDER: Ross Cunniff; District 5 AYES:, Martinez, Stephens; Summers, Gutowsky; Troxell, Cunniff; .Horak 2. 3. Second Reading of Ordinance No. 013. 2019, Amending Section 2-606 of the. Code of the City of. Fort Collins and-Settinq-the-Compensation_of°.the Chief.Judge. (Adopted) City Council met in executive session January 8, 2019, and on January 22, 2019, to conduct the performance review of Chief Judge Kathleen M. Lane. This Ordinance, unanimously adopted on First Reading on February 12, 2019, establishes the 2019 salary of the Chief Judge at $116,519 and total compensation at $144,290. Operating Budget. (Adopted) This Ordinance, unanimously adopted on First Reading on February 5, 2019, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $12-,954 of grant revenues provided by the Colorado Department of Public Health 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 $8,636. Matching funds are appropriated and unexpended in the 2019 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. A. Second Reading of Ordinance No. 017, 2019, Adopting the 2019 Amended City Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police., B. Second Reading of Ordinance N6.018, 2019, Appropriating Prior Year Reserves in the General Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. City of Fort Collins Page 47 February 19, 2019 This Ordinance, unanimously adopted on First Reading on February 5, 2019, amends the 2019 City Classified Employee Pay Plan and authorizes a supplemental appropriation of $585;000 based on an annual market analysis conducted as agreed upon through the 2019-2021 Collective. Bargaining Agreement (the "Agreement') with the Northern Colorado Lodge #3 of the Fraternal Order of Police ("FOP.). The Agreement was approved by Council on October 2, 2018. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the revised 2019 City Classified Employee Pay Plan. 4. Second Reading of Ordinance No. 019, 2019, Making Various Amendments to the City of Fort Collins Land Use -Code. (Adopted) This Ordinance, unanimously adopted on First Reading on February 5, 2019, adopts 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 June 2018. 5. Second Reading of Ordinance No. 020. 2019,-Authorizingthe Second Amendment to the Long View Farm Open .Space.Covenants, -Conditions and Restrictions. (Adopted) a M This Ordinance, unanimously adopted on First Reading on February 5, 2019, amends the Long View Farm Open Space Covenants, Conditions and Restrictions to correct an error in the legal description. The acreage total (478.5 acres) in the legal description is correctly described by the first amendment but it also contains an incorrect exception of 50 acres. Removing the exception and the first sentence will correct the error in the legal description. The second amendment with the correct legal description is attached to the Ordinance. The purpose of this item is to appropriate unanticipated grant revenue awarded by the Federal Transit Administration (FTA) to upgrade bus stops throughout the Transfort service area. This infrastructure enhancement project will use FTA grant funds in the amount of $1,520,344 with a local match of $380,086 derived from Community Capital Improvement Program (CCIP) funds. This project will repair or replace concrete pads at bus stops and purchase amenities, such as shelters, over the next two to three years. Department. Operating Budget. (Adopted) The purpose of this item is to appropriate unanticipated grant revenue in the amount of $19,998 in the General Fund for the purchase of electric commercial lawn and garden equipment for municipal operations. The grant is provided by the Regional Air Quality Council (RAQC) and directly supports local efforts to reduce ozone causing pollutants from gas and diesel "powered equipment. A local match of $34,616 is required. Lawn and garden equipment purchases appropriated and expended in 2018 are eligible to be applied towards matching funds ($14,616), and the remaining $20,000 is appropriated and unexpended in the 2019 Environmental Services operating budget. City of Fort Collins Page 48 February 19, 2019 8. Items Relating to Non -Exclusive Utility Easement Agreements. with Colorado. State -Unive -sits. and. Colorado State University -Research --Foundation. (Adopted) is 10. 11. A. First Reading of Ordinance No. 024, 2019, Approving a Non -Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Property, Including Vacation of Easements Granted in 1966 Right -of -Way Agreement. B. First Reading of Ordinance No. 026, 2019, Approving a Non -Exclusive Utility Easement Agreement for City Storm Sewer Lines on Colorado State University Research Foundation Property, Including Vacation of Easements Granted in 1966 Right-of=Way Agreement. The purpose of this item is to vacate a 1966 storm sewer easement on Colorado State University's (CSU) Main Campus, portions of which are now owned by the Colorado State Research Foundation (CSURF) and approve a new Utility Easement Agreement in its place. The existing storm sewer main is generally not located in the center of the existing right-of-way and in some places is not within the right-of-way at all. These Ordinances will abandon the 1966 right-of-way and replace it with a new easement that is centered on the existing storm sewer main. The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five years in length for services, professional services, and/or construction of the proposed enlargement of Halligan Reservoir. Contracts authorized under the proposed ordinance could be extended up to the life of the project. Preliminary design .of an enlarged Halligan Reservoir will likely begin in late 2019, and construction could begin four years later. Construction is anticipated to last approximately two years: Under this scenario and without this proposed ordinance, the design contract would expire while the Halligan Reservoir enlargement is under construction, a situation that would result in logistical, and cost ramifications for the City and the project. (Adopted) The purpose of this item is to authorize the Mayor to sign a revised Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT). This action will formalize a new agreement between the City and CDOT, enabling the project to be fully reimbursed for two grants associated with the construction phase of the Horsetooth and College Intersection Improvements Project. In preparation for reimbursing the City, CDOT noticed an issue with the original IGA executed in March 2011. The issue was that all the eligible reimbursements were listed in the design phase, The revised IGA allocates all the remaining eligible reimbursements to the construction phase. This action does not include new appropriations since the grant funds and local match were previously appropriated. The purpose of this item is to authorize the City,Morney to file a petition in Larimer County District Court to exclude properties annexed into the City -in 2018 from the Poudre Valley Fire Protection District (the "District") in accordance with state law. The properties affected by this resolution are Water Treatment Facility Annexation No. 1, Water Treatment Facility Annexation No. 2, Water Treatment Facility Annexation No. 3, Water Treatment Facility Annexation No. 4, Aweida Annexation, East Gateway Annexation, Hughes Stadium Annexation, and Sanctuary on the Green Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection City of Fort Collins Page 49 February 19, 2019 services from the Poudre Fire Authority and will continue to do so. The City Attorney's Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. 12. Resolution 2019-026 Approving Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to approve Fort Fund grants from the Cultural Development and Programming and Tourism Programming Accounts for the selected community and tourism events, based upon the recommendations of the Cultural Resources Board. 13. Resolution 20197027 Making :a Change to the Legislative Review_ _Committee -Council. Appointment Made in Resolution 2019-021. (Adopted) The purpose of this item is to modify the Council appointment to the Legislative Review Committee (LRC) through Resolution 2019-021, adopted on February 5, 20i9. Councilmember Ross Cunniff will be appointed to the Legislative Review Committee and Councilmember Susan Gutowsky will be appointed as the alternate. • END CONSENT 9 CONSENT CALENDAR FOLLOW-UP Mayor Pro Tem Horak commended the City Manager's efforts at leading in Northern Colorado regarding Item No. 9, First Reading of Ordinance No. 023, 2019, Appropriating Unanticipated Grant Revenue in the General Fund To Purchase Electric Lawn and Garden Equipment for the Parks Department and Authorizing the Transfer of Previously Appropriated Funds in the Environmental Services Department Operating Budget. • STAFF REPORTS A. Transitional Sentencing Program (staff: Patty Netherton, Jeremy Yonce, Ingrid Decker) Ingrid Decker, Senior Assistant City Attorney, discussed three of the alternative sentencing programs used by the Municipal Court: the Special Agency Session, reserved bed spaces, and the Transitional Sentencing Program. Patty Netherton, Municipal Court Administrator, stated Chief Judge Lane strives to develop programs and sentencing options that balance accountability with compassion and encourage defendants to lead law abiding lives while offering services which help those in need remove barriers: The Special Agency Session Was designed and created to help address public concern with quality of life violations for those without stabilized housing or with some other specialized service needs. The program is voluntary and relates to goal -oriented activities or treatment plans and has been highly successful Netherton detailed the benefits of reserved bed spaces and the Transitional Sentencing Program, which involves one-on-one services and assistance. Lieutenant Yonce stated the Transitional Sentencing Program was a collaborative effort between multiple City, County, and private partners, including Outreach Fort Collins. Councilmember Summers commended the presentation and proactive approach by the Court. Councilmember Stephens commended the programs. City of Fort Collins Page 50 February 19, 2019 • COUNCILMEMBER REPORTS Councilmember Gutowsky reported on the naturalization ceremony at Dunn Elementary. Mayor Troxell commended the naturalization ceremony and its history at Dunn. Councilmember Stephens reported on the Boys and Girls Club breakfast event and announced the Behavioral Health Summit. Councilmember Martinez reported on Assistant Fire Marshal Ron Gonzales' retirement party. He commended his career. Councilmember Cunniff reported on the Colorado Municipal League policy committee meeting. Mayor Troxell reported Council hosted Governor Polis for a meeting and reported on the Women Giveluncheon. Councilmember Gutowsky also reported on the Women Give luncheon and discussed the importance of affordable child care. Mayor Pro Tern Horak reported on positive leadership changes at CDOT and on a meeting with ELCO staff to discuss mutual solutions for growth in the northeast part of town. • DISCUSSION ITEMS 14. First Reading of Ordinance No. 027, 2019, Designating the Farrington Property, 322 Edwards Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the. Code .of the City of Fort Collins.. (Adopted on First Reading) 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 2018-034. The purpose of this item is to consider the request for landmark designation of the Farrington Property, 322 Edwards Street, for its Classic Cottage architecture. This is a voluntary designation at the property owner's request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. Councilmember Stephens withdrew from the discussion of this item due to a conflict of interest. Mayor Troxell outlined the hearing process for the item. Karen McWilliams, Historic Preservation Manager, detailed the location of the property and discussed the home. She stated the property contains all seven aspects of integrity and is notable for having several interesting associated vernacular outbuildings. She stated the Landmark Preservation Commission voted unanimously in support of this recommendation. Mayor Pro Tern Horak made a motion; seconded by Councilmember Martinez, to adopt Ordinance No. 027, 2019, on First Reading. City of Fort Collins Page 51 February 19, 2019 RESULT: ORDINANCE NO. 027; 2019; ADOPTED QN FIRST READING [6 TQ 01 MOVER- Gerry Hoak, DistrictB, SECONDER: Ray Martinez, Ross Cunniff AYES: Martinez-, Summers, Gutow.sky,:Trozell,-Cunniff; Horak RECUSED: Stephens 15. Items Relating to the Intergovernmental Agreements OGAs) Concerning the Police Regional Training Campus. (Adopted) A. Resolution 2019-028 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Construction, Ownership; Operation, Maintenance, and Management of a Regional Training Campus. B. Resolution 2019-029 Authorizing the Execution of an Intergovernmental Agreement Between the City and the City of Loveland for the Use of Certain Real Property at the Northern Colorado Regional Airport for a Regional Training Campus. The purpose of this item is to consider two resolutions related to the Police Regional Training Campus joint venture with the City of Loveland. Jerrod Kinsman, Fort Collins Police Services, stated the regional police training facility has been named the Northern Colorado Law Enforcement Training Center. He outlined the details of the partnership between Fort Collins and Loveland and the LEED aspects of the facility and detailed the IGA between the facility and the airport. Erik Martin, Financial Analyst, stated Loveland is going to be the fiscal agent for the project so Fort Collins will be making payments to Loveland rather than various vendors. Susan Holmes opposed the training facility stating police training should focus on de-escalation. Her Council platform details appropriate steps needed to reassess how police training occurs. (Secretary's Note: The Council took a brief recess at this point in the meeting;) Councilmember Martinez asked about de-escalation training. Kinsman commented on the de-escalation training for officers and detailed specific training benefits of the new facility. Councilmember Cunniff asked if operations and maintenance costs will be divided by the two municipalities. Martin replied in the affirmative. Councilmember Cunniff asked if a fund will be created for major capital renovations. Martin replied an operating fund and capital replacement fund will be formed. Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to adopt Resolution 2019-028. Mayor Pro Tern Horak commended the partnership with Loveland and stated he is pleased to see the project moving forward. Councilmember Cunniff stated he remains concerned about market -based pricing; but he will support the motion. City of Fort Collins Page 52 February 19, 2019 Councilmember Stephens stated she would support the motion and discussed the need for the facility and training. Mayor Troxell commended the facility and partnership. Councilmember Martinez stated he would support the motion and commended the partnership. RESULT: RESOLUTION 2019 =-ADOPTED [UNANIMOUS] MOVER: Gent' Horak, District 6 SECONDER: Ray Martinez, -District 2 AYES: Martinez, Stephens, Summers, Gutowsky; Troxell, Cunniff, Horak Councilmember Martinez made a motion, seconded by Councilmember Gutowsky, to adopt Resolution 2019-029. RESULT: RESOLUTION M19-029 ADOPTED [UNANIMOUS] MOVER; Ray Martinez, District _2 SECONDER: Susan Gutowsky; District 1 AYES: Martinez. Stephens; Summers, Gutowsky, Troxell; Cunniff; Horak 16. Items Relating to Regulating Electric Scooters and Other Shared and/or Portable Mobility Devices. (Adopted on First Reading) A, First Reading of Ordinance No, 020, 2019, Amending Chapter 24 of the Code of the City of Fort Collins to Add a New Article VI Related to the Parking of Shared Mobility Devices. B. First Reading of Ordinance No. 029, 2019,.Amending Sections 1410 and 2106 of the Fort Collins Traffic Code to Allow for Signage Designating an Area in the City as a "Dismount Zone" for Any Form of Conveyance. The purpose of this item is to consider proposed Code changes to City Code and Traffic Code relating to the regulation of electric scooters and other shared and/or portable mobility devices. Amanda Mansfield, FC Moves, stated this action approves two proposed Code updates to add a list of parking regulations for shared mobility devices, including electric scooters (e-scooters), to Chapter 24 of the City Code, and to state the downtown dismount zone applies to shared mobility devices in the Traffic Code. The proposed Code changes are part of a larger effort aimed at addressing e-scooters and reducing conflicts. Mansfield detailed the proposed regulations, including parking, dismount, and areas in which scooters can operate. She detailed public and board and commission outreach efforts, stating the Transportation Board supported the proposed Code updates. A request for proposal for an operator will go out in March or April and contracts will be required for both the City and' CSU. Once a vendor is selected, it must obtain an encroachment permit to operate. The plan is to launch the program in the summer. Mansfield outlined proposed state legislation that would group e-scooters with bicycles and e- bikes; giving home rule municipalities the freedom to designate where e-scooters can operate. City of Fort Collins Page 53 February 19, 2019 Donovan Hickby, Razor Scooters, supported the Code changes and regulations that enhance safety. He commended staff work on the regulations. Rich Stave questioned who is liable in the event of an accident. Thomas Edwards stated the scooters are quite fast and requested a buffer be placed between cyclists and the area where the scooters will be allowed. Councilmember Cunniff asked where scooters can currently operate based on their classification. Mansfield replied they can currently operate on sidewalks, not roadways, and that will not be able to be changed until state regulations change. Councilmember Cunniff asked if scooters would be legal in the dismount zone without making these Code changes. Chris VanHall, Assistant City Attorney, replied the proposed changes will make it clear these types of vehicles cannot be ridden in the dismount zone. Councilmember Cunniff asked if e-scooters will be allowed on the paved trail system. Mansfield replied they are currently not allowed and the proposal would not change that. Councilmember Cunniff asked about parking of the scooters, VanHall replied an e-scooter found on the sidewalk with no discernable owner would be treated as abandoned or unclaimed property. Councilmember Martinez asked if e-scooters would be required to dismount at crosswalks. VanHall replied they would be treated as bicycles and match those requirements. Councilmember Stephens asked how fast the e-scooters can go. Mansfield replied the contract will require them to top out at 15 miles per hour. Councilmember Stephens asked if the scooters will be placed in certain parts of town. Mansfield replied the focus areas of the companies are downtown and CSU; however, equity and addressing first and last mile trips will also be a focus. Mansfield noted technology allows texts to be sent to riders indicating they are in an unauthorized zone and may be fined. Additionally, operator staff will be relocating the scooters to their proper staging areas on a daily basis. Councilmember Gutowsky stated she experienced e-scooters in San Diego recently and observed frequent perilous situations and abandoned scooters. She asked if these changes address just rented e-scooters or personal e-scooters. Mansfield replied the shared mobility code refers specifically to the vehicles owned by the companies; however, the downtown dismount zone would encompass private and company owned devices. Councilmember Gutowsky asked about age requirements. Mansfield replied riders must be 18. Mayor Troxell noted the request for proposal would be for a single operator, which is important in being proactive. The daily pick-up and redeployment is important as is picking up the scooters during non -operating hours. Mayor Troxell asked if this is similar to the ,bike share program. Mansfield replied in the affirmative, stating the RFP process and shared mobility model are similar. City of Fort Collins Poge 54 February 19, 2019 Councilmember Summers asked how staff has engaged current providers to develop a policy it feels confident will work: Mansfield replied the City was approached by several companies and staff has had meetings with those providers to gain knowledge and resources. She stated providers will have two official opportunities to objectively look at and take exception with the contracts in the RFP. Councilmember Summers expressed concern about adopting an ordinance without waiting until the state General Assembly takes action. Mansfield replied the City will come back before Council to ensure the Code aligns with the state if it makes changes; however, these two proposed Code changes will be kept in place regardless of how the state acts. Councilmember Gutowsky asked if the City or CSU will derive any revenue from this program. Mansfield replied the City is considering some type of fee structure, either a revenue share or annual and per vehicle fee. Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 028, 2019, on First Reading. Mayor Pro Tern Horak noted Council requested this action as companies can come in regardless of adopting these Code changes and this will provide an appropriate framework. Councilmember Cunniff agreed and stated the state is not likely to act in a way that would prohibit the City from regulating the parking locations and dismount zones. Assuring a controlled situation is important. Councilmember Summers asked if there should be concern that any of the companies potentially submitting an RFP would come in without permission and begin business. Mansfield replied that should not be a concern due to the ongoing discussions and partnerships. Councilmember Summers stated he is not convinced of any level of urgency or advantage to move forward with these changes now. Mayor Troxell stated he would support the motion and commended the proactive collaborative approach by staff. Councilmember Gutowsky stated she would support the motion and also commended the proactive approach. Councilmember Martinez stated he would support the motion but would like to see clarification around crosswalk dismounting. RESULT: ORDINANCE NO: 028.2019; ADOPTEMON FIRST READING [6 TO ii MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5. AYES: Martinez, Stephens, Gutowsky, Troxell, Cunniff, Horak- N"S`. Summers City of Fort Collins Page 55 February 19, 2019 Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 029, 2019, on First Reading. RESULT; ORDINANCE NO. 029, 2019, ADOPTED ON FIRST READING'[UNANIMOUS_] MOVER:= Gerry Horak, District 6 SECONDER; Ross 0unniff. District 5 AYES: Martinez; Stephens, Gutowsky, T(6kdII, Cunniff, Horak-, Summers (Secretary's Note: The Council took a brief recess at this point in the meeting.) 17. First_Reading_of Ordinance No: 032;.2019,.Amendinct.Article.IV of Chapter-3-of'the.Code of City of Fort Collins to Create Entertainment District No. !-(Adopted-on First Reading) _ The purpose of this item is to establish Entertainment District No. 1, located along North College between Jefferson and Pine Street, and along Jefferson Street between College and Linden Street. An entertainment district is a defined area containing no more than 100 acres and at least 20,000 square feet of existing liquor licensed premises. Tyler Marr, Policy and Project Manager, stated the purpose of this item is for Council to consider approving an Entertainment District around The Exchange property in the 200 block of North College. The Entertainment District encompasses The Exchange, Rodizio, and Union; however, the proposed common consumption area is solely within The Exchange. Marr discussed the public outreach efforts. Kevin Brinkman discussed the vision for The Exchange project as being community and family focused. The goal is to bring vibrancy to the area. Josh Guernsey discussed rules of the common consumption area, noting any alcohol must be purchased from tenants of the plaza. There is a detailed, written security plan involving fencing and gated exits and a security company has been hired to ensure individuals consuming alcohol are of the appropriate age. Ashley Davidson stated the promotional association will have rules and regulations and individuals will have wrist bands indicating they have been &d. She also noted all alcoholic beverages will be removed from the common consumption area after hours of operation. Houston Hoffman discussed the vision for The Exchange noting the intent is to make it a family - friendly safe space. She noted the Downtown Development Authority is in support of the proposal. Jason Hellum, Copper Muse Distillery, supported the Entertainment District. Brenda Lucio, Vato's Tacos and Tequila, supported the Entertainment District and stated she and the other liquor license holders take that responsibility seriously. Cindy Coil, FoCo DoCo, stated her business does not hold a liquor license; however, they are Very supportive of the Entertainment District. Ken Morrison questioned why the Entertainment District has been limited to the area it has, noting there are a number of struggling businesses across the street from Union and Rodizio that may have wanted to be included. He asked if other Entertainment Districts have had issues with noise City of Fort Collins Page 56 February 19, 2019 and underage drinking and stated there are questions that need to be answered prior to the Entertainment District moving forward. Councilmember Martinez asked about the purpose of the Entertainment District. Marr replied state law requires common consumption areas to be within an Entertainment District. Councilmember Martinez asked how many Entertainment Districts exist across the state. Marr replied there are six or seven and the communities that employ them have found them to be successful. Mayor Pro Tern Horak asked why the neighborhood meeting occurred so closely to the First Reading before Council. Marr replied it was 10 days prior, which perhaps is not ideal; however, the previous neighborhood outreach through the development review process was several years ago and a new meeting seemed advisable. Councilmember Cunniff asked if the incorporation of the strip caddy corner from the consumption area has to do with the number of square feet of liquor license holders. Marr replied in the affirmative, noting state law requires a minimum of 20,000 square feet of liquor licensed premise for each Entertainment District. Councilmember Cunniff asked about Greeley's reference to a controlling chair and an annual hearing. Marr replied the Entertainment District would have to be revoked by Council, but the promotional association that licenses the common'consumption area must be certified by the liquor licensing authority on an annual basis. Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 032, 2019, on First Reading. Councilmember Cunniff stated he reluctantly supported the ordinance enabling Entertainment Districts in Fort Collins and expressed concern about the message being sent when larger areas of open consumption are allowed. He stated he would oppose the motion. Councilmember Gutowsky asked why the buildings on the south side of Jefferson were not used to calculate the square footage and questioned the use of Rodizio and Union to meet that requirement. Marr replied there was no particular reason the other properties weren't included other than to try to keep the District small. Councilmember Stephens stated she would support the motion and stated the location is a good "test" location. Councilmember Summers stated he would support the motion and commended the family friendly aspect Councilmember Stephens asked about training of staff related to sexual harassment. David Lindsay, Police Services, replied the staff will be trained per the Department of Revenue; therefore, that type of training would not be included. He noted District 1 officers do have supplemental training they have provided to downtown businesses to address some of those concerns. City of Fort Collins Page 57 February 19, 2019 Councilmember Martinez stated he too had concerns; however, the family -oriented environment should help with any issues. He asked about the hours of the open consumption area. Marr replied the ordinance states it can be open until 2 AM; however, the business model may be different. Marr stated the plan is to close at midnight, after which all cups and alcohol are removed. Any music or other loud activities will be shut at 9 PM. Mayor Troxell commended the overall project and thoughtful design of the Entertainment District. RESULT; ORDINANCE NO 032;;201'9; ADOPTED ON FIRST READING:[5'T0A 77 MOVER: Gerry Horak, District 6. SECONDER,; Ray Martinez, District AYES:, Martinez, Stephens, Summers, Troxell, Horak NAYS: Gutowsky, Cunniff 18. Items Relating to Revisions to Municipal Code Chapter 14 (Landmark Preservation) and to Land Use Code. Section 3.4.7-(Historic-and Cultural Resources). (Adopted on First Reading) A. First Reading of Ordinance No. 034, 2019, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. B. First Reading of Ordinance No. 035, 2019, Amending Land Use Code Sections 3.4.7 and 5.1.2 Pertaining to Historic and Cultural Resources. The purpose of this item is to present proposed revisions to the Municipal Code and Land Use Code to implement recommendations for improvements to codes that apply to historic buildings, sites, structures or objects ("historic resources'). These revisions are a result of the 2017=2018 Historic Preservation Codes and Processes Review. The objectives of this review were to provide greater clarity and predictability in all regulations governing historic resources and to improve standards for reviewing the design compatibility of new construction with historic resources. Tom Leeson, Community Development and Neighborhood Services Director, stated these revisions provide additional predictability and process efficiency. He thanked all community members who participated in the effort. Karen McWilliams, Historic Preservation Manager, stated staff has heard its Codes and processes were often confusing, arbitrary, and not achieving the results Council, staff, and the community were looking for. McWilliams summarized the proposed changes, including limiting the area of review to a 200-foot area around each historic property, identifying all historic properties at the beginning of a project, and eliminating the review of most single-family dwellings aside from those designated as being historic, among others. McWilliams stated the historic preservation program is being re -envisioned as a single umbrella of financial incentives, education, and review programs with a strong focus on sustainability and energy efficiency. Matt Robenault, Downtown Development Authority Director; stated the DDA supported the proposed changes and stated the public process was very thoughtful and thorough. Chris Aaronson stated streamlining the process for staff was a goal of the advisory group and expressed support for the proposed changes. City of Fort Collins Page 58 February 19, 2019 James MacDowell commended the advisory committee process and supported the proposed changes. Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 034, 2019, on First Reading. Councilmember Cunniff thanked the citizen advisory committee, the Landmark Preservation Commission, and staff. These changes will be positive for historic preservation moving forward. Councilmember Martinez commended the work on the process and supported the outcome. Mayor Troxell supported the process and resulting proposed changes. RESULT;_ ORDINANCE NO. 034, 2.019, ADOPTED ON FIRST READING [UNANIMOUS] MOVER-. Ross Cunniff, District-5 SECONDER: Susan, Gutowsky, District 1 AYES'.. Martinez, Stephens, Surrimers; Gutowsky; Trozell'Curiniff; Horak Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 035, 2019, on First Reading. RESULT: ORDINANCE NO..03& 2019,.ADOPTED ON FIRST READING [UNANIMOUS] MOVER: Ross Cunniff, DistrictZ SECONDER: Ray.Martihez-, District2: AYES: Martinez, Stephens, Summers, Gutowsky, Troxell, Cunniff; Horak 19. The purpose of this item is for Council to consider a request by Planning and Zoning Board (the `Board') Member Ruth Rollins to present to the Board as part of the applicant team for the Montava Planned Unit Development Overlay (the "Montava PUD'). Mayor Troxell outlined the hearing process. Rebecca Everette, Development Review Manager, stated Ruth Rollins, a current Planning and Zoning Boardmember wishes to request a variance from the City's conflict of interest rules to allow her to present to the Board on the Montava Planned Unit Development Master Plan. In order to approve such a variance, Council must determine a boardmember has demonstrated that, without the variance, he or she would suffer an exceptional hardship and that no reasonable alternative exists that would allow for that hardship to be avoided or substantially mitigated. Ruth Rollins stated she is a transportation engineering consultant for the Montava PUD and noted she has recused herself from any Board discussion on the project. She has been heavily, involved in the project and is a sole proprietor without another staff member who could make the presentation. Rich Stave questioned when the conflict of interest began and questioned whether there is information that might be pertinent that is gained by being on the.Board while promoting a project of Fort Collins Page February 19, 2019 going through the process. He also questioned why Ms. Rollins did not resign from the Board and asked if City resources are being used to promote the transportation plan. Rollins stated she was already on the Planning and Zoning Board when she began work on the Montava project. She has consistently recused herself and left the room when Montava has been discussed and would like to be able to answer questions about the transportation plan for the Board. Councilmember Cunniff asked if Ms. Rollins would be making a presentation or just answering questions. Ms. Rollins replied she would prefer to not make a presentation but rather to answer questions from the public and the Board. Mayor Troxell asked how Ms. Rollins would delineate between her roles. City Attorney Daggett replied the starting point for this is a Charter provision that prohibits boardmembers and other City officers and employees from participating in any way or influencing a decision once a conflict of interest has been declared. She stated this variance is coming forward under a Code provision adopted in 2017 and boardmembers must completely remove themselves from the discussion on the board side. She noted this is the first time this has been used; therefore; there is not yet a standard practice. A practice could be put in place to communicate back to a board that is the subject of the variance, to provide advice about how the variance would work. Councilmember Martinez stated it appears Ms. Rollins is doing the proper thing in removing herself from discussions.. Councilmember Cunniff noted there is. no one else in Ms. Rollins' company; therefore, she truly is the only person who can make a presentation. Councilmember Summers stated he would be more comfortable limiting the scope and function of Ms. Rollins role to that of answering questions only. Mayor Pro Tern Horak asked Ms. Rollins why she has opted not to resign from the Board. Mg. Rollins replied she enjoys volunteering and has two years left of her second 4-year term.. Mayor Pro Tem Horak asked Ms. Rollins how long she has been employed by the Montava project. Ms. Rollins replied it has been about a year and a half and she could be involved for quite a while in the future; however, there will be gaps in that work. Councilmember Cunniff asked if confidential legal memos would go to a recused member.; City Attorney Daggett replied any confidential information about the specific project would be withheld. Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Resolution 2019-030, granting the variance request. Councilmember Cunniff suggested a friendly amendment to replace the phrase "appear before" with "be available to respond to questions of." Ms. Rollins stated that would be an acceptable change for her. Mayor Pro Tem Horak stated that was acceptable to him as it was acceptable to the applicant. City of Fort Collins Page 60 February 19, 2019 Councilmember Stephens suggested Ms. Rollins spend some time with legal staff to clarify the ex parte communication aspect. City Attorney Daggett stated limiting Ms. Rollins' ability to only answering questions creates a potential limitation on Ms. Rollins' ability to prepare materials for her client. Councilmember Cunniff suggested including language in the Resolution to allow Ms. Rollins to prepare documents for her client to be presented to the Board. Mayor Pro Tern Horak and Councilmember Stephens accepted the change. Mayor Pro Tern Horak expressed concern there may be pitfalls to allowing this type of variance. Councilmember Cunniff agreed and stated the Ethics Review Committee should potentially reexamine the policy to see if any changes should be made. RESULT: REOSLUTION 2019=090 ADOPTED [6'TO 1] MOVER: Gerry Horak, District 6. SECONDER: Kristin Stephens, Disttict 4 AYES: Stephens, Summers, Gutowsky, Troxell, Cunniff, Horak NAYS: Martinez 20. (Adopted on Second City Council met in executive session on January 8, 2019, and on January 22, 2019, to conduct and discuss the performance review of Darin Atteberry, City Manager. This Ordinance, adopted on First Reading on February 12, 2019 by a vote of 5-2 (nays: Cunniff, Horak), establishes the 2019 salary of the City Manager at $270,364 and the total compensation at $328,227. Councilmember Summers made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 015, 2019, on Second Reading. RESULT: ORDINANCE NO. 015,:2019, ADOPTED ON SECOND READING [5`T021 MOVER: Ken Summers, District 3 SECONDER: Kristin Stephens, District 4, AYES: Martinez', 'Stephens; Summers; Gutowsky,'Troxell NAYS: Cunniff; Horak 21. and Use Tax. (Withdrawn) The purpose of this item is to give Council the opportunity to consider a Motion to Amend Resolution 2019-022 in response to any contest filed in the courts to challenge under City Code Section 7-156 and Section 1-11-2035 of the. Colorado Revised Statutes (CRS) the form or content of the ballot question submitted in Resolution 2019-022 to the City's electors at the April 2, 2019, regular City election. RESULT: WITHDRAWN City of Fort Collins Page 61 February 19, 2019 • CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS 22. as Amenaeu on City Council met in executive session on January 8, 2019, and on January 22, 2019, to conduct and discuss the performance review of Carrie Daggett, City Attorney. This Ordinance, unanimously adopted on First Reading on February 12, 2019, establishes the 2019 salary of the City Attomey at $200,087and sets the total compensation at $239,315. Eric Sutherland stated there are deficiencies in the way the City Attorney has been handling litigation against the City and advice she has been giving Council. He opposed the way the City Attorney handled a lawsuit he filed against the City and stated the City Charter requires all ordinances to be adopted at a City Council meeting, which was not the case when the Electric Enterprise adopted an ordinance related to broadband. Mayor Pro Tern Horak made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 014, 2019, on Second Reading. Councilmember Cunniff stated he does not believe Council violated the City Charter in this case or any other. RESULT: ORDINANCE NO. 014, 2019, ADOPTED' AS AMENDED'ON SECOND READING [UNANIMOUS] MOVER: Gerry Horaki District 6 SECONDER: Susan Gutowsky; Councilmember AYES: Martinez, Stephens, Summers, Gutowsky, Tf&611, Cunniff, Horak 23. Items Relating to Financing and Appropriation for the 1-25/Prospect Interchange and Police Regional Training Campus. (Adopted) A. Second Reading of Ordinance No. 621, 2619, Authorizing the Leasing of Certain City Property and the Execution and Delivery by the City of a Site Lease, a Lease Agreement, and Other Documents and Matters in Connection with the Financing of Certain Projects for the City. a First Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the General Fund for the I-25/Prospect Interchange and Authorizing the Transfer of Appropriations from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the Transportation Capital Expansion Fund for the 1-25 and Prospect Interchange and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. C. First Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the General Fund for the Police Regional Training Campus and Authorizing the Transfer of Appropriations from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program.. Ordinance No. 021, 2019, unanimously adopted on First Reading on February 5, 2019, authorizes the financing through Certificates of Participation (COPs), needed for both,the I-25/Prospect Interchange and Police Training Facility Joint Venture. City staff is seeking $25.3 million in financing through Certificates of Participation (COPS) for a March 2019 closing. This financing will help support the construction of the 1-25/Prospect interchange ($17.1 million) and the Police Training Facility Joint Venture ($8.2 million). City of Fort Collins Page 62 Februafy 19,2019 Ordinance Nos. 00 and 031, 2019, appropriate the lease financing proceeds received from the COPS for the 1-251Prospect Interchange and Police Regional Training Campus, respectively. A related item is included under Discussion on this Agenda that addresses the Intergovemmental Agreements (IGAs) With the City of Loveland concerning the Police Regional Training Campus. Eric Sutherland opposed the City entering into an agreement with a metro district. Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 021, 2019, on Second Reading. RESULT: ORDINANCE NM 021,2019 ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephdh§, Distridt%4 AYES: Martinez, Stephens, Summers, Gutowsky,ell Trox Cu-nn-i,ff,Horak Mayor Pro Tern Horak made a motion, seconded by Councilmember Summers, to adopt Ordinance No. 030, 2019, on First Reading. RESULT: ORDINANCE NO.610, 2010, ADOPTED ON FIRST READING G [UNANIMOUS] MOVER:. Gerry Horak, District 6 SECONDER: Ken Summers, Djstrict,3 AYES- MArtinez, Stephens,, Summers, Gutowsky, Trkbili Cuhhiff-, Hcinik Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt Ordinance No. 031, 2019, on First Reading. RESULT: ORDINANCE NO., 031, 201 9i ADOPTED ON FIRST READING . [UNANIMOUS] MOVER> Gerry Hdrak, District 6 SECONDER: Kristin Stephensi District 4 AYES: Martinez, Stephens, Summer's, Gutowsky, Trox.ell, Cunniff, Horak (Councilmember Summers left at this point in the meeting) 0 Motion to Extend the Meeting Councilmember Cunniff made a motion, seconded by Councilmember Gutowsky, to suspend the rules to extend the meeting in order to consider Item No. 15 and other business that may come before Council.. RESULT: ADOPTED [9 TO 1] MOVER: Ross Cunniff, Distridt.15, SECONDEM Susan Gutowsky, CoUncilmember AYES: I_ �n 1, Horak ak Cunniff; Stephens, Gutowsky, Troxell, NAYS: Martinez ABSENT: Summers City of Fort Page 63 February 19, R019 24. The purpose of this item is to seek approval for an exception to the competitive bid or proposal process for Fort Collins Connezion's membership with and purchase of video content licensing and services from National Cable Television Cooperative (NCTC). ' To provide video services, Fort Collins Connexion must secure license agreements with video content providers. NCTC is the largest content aggregator with pre -negotiated agreements that give members access to video content cost-effectively,: efficiently, and better terms. NCTC provides a cost effective and efficient way to secure license agreements for, content which will be viewable via MobiT.V, the preferred video provider selected through an ,RFP process. Eric Sutherland stated he would like to understand 'whether the City expects to make money for the purpose of repaying the debt it has placed on, Fort Collins residents by selling video content. He stated this is fiscally irresponsible. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2019-025. Mayor Pro Tem Horak requested an update as to how construction is proceeding. RESULT: RESbLUT10N:2019-625 ADOPTED fUNANIMOUS]. MOVER: Gerry Horak; District 6- SECONDER:, Ross Cunniff, Ristrict,6 AYES: Martinez, Stephens, Summers, G_ utowsky, Troxell, Cunniff, Horak ® OTHER BUSINESS Councilmember Cunniff requested and received Council support to direct the City Manager to provide staff evaluation of the mercury rule and how it dovetails with the City's environmental sustainability objectives. • ADJOURNMENT Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff; to adjourn to 6:00 PM, Tuesday, February 26, 2019, for a proposed executive session to discuss litigation matters and possible related Council action and for such other business as may come before the Council. RESULT: ADOPTED [UNANIMOUS] r MOVER: Gerry Horak; District 6 SECONDER: Ross Cunniff; District 5 AYES: Martinez, Stephens, Summers; Gutowsky, Troxell, Cunniffi Horak City of Fort Collins Page 64 February 19, 2019 The meeting adjourned at 10:37 PM. ATTEST: ity City of Fort Collins Page 65