Fort Collins City Council Meeting 8/18/20

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Topics: Agreement to Secure Public Benefits for Waters' Edge Development & Authorization to Allow a Remote Hearing to Hear the 613 South Meldrum Appeal. GID No. 1 Topic: Appropriation of Prior Year Reserves for Downtown Parks maintenance.

Chapters

Proclamations 00:00:07

A. Proclamation Declaring August 18, 2020 as Brownie McGraw Day. B. Proclamation Declaring August 26, 2020 as Women's Equality Day


Call Meeting to Order 00:05:15


Pledge of Allegiance 00:05:24


Roll Call 00:05:48

All Council are present. Councilmember Pignataro is participating remotely.


COVID Preface 00:06:15


Agenda Review 00:07:10

No changes to the published agenda.


Public Engagement Options 00:07:24


Setting the Tone 00:10:07


Consent Calendar Review 00:10:50

Item #13 was pulled from the agenda by a member of the public.


Public Comment 00:13:00


Public Comment Follow-Up 00:29:19


Consent Calendar & Follow-Up 00:36:04

Consent Calendar approved including Item #13.


Staff Report: COVID-19 Testing of Wastewater 00:38:55

Staff Report on testing the wastewater stream for the presence of COVID-19, presented by Jason Graham.


Staff Report: Community Dashboard Metric 00:48:26

Staff Report on the Community Dashboard Metric of cumulative visits on our Paved Trails, presented by Mke Calhoon.


Councilmember Reports 01:07:38


Item #19: Waters' Edge Agreement 01:13:40

Resolution 2020-069 Approving an Agreement to Secure Public Benefits for Waters’ Edge Development as Provided in the Service Plan for Waters’ Edge Metropolitan District Nos. 1 through 5. The purpose of this item is to consider a Resolution adopting an Agreement to Secure Public Benefits for the Waters’ Edge Development. The Agreement is contemplated in the Consolidated Service Plan for Waters’ Edge Metropolitan Districts Nos. 1-5, approved by City Council on September 18, 2018. Staff has completed its review of the Agreement to ensure it conforms to the service plan adopted by Council. Council considered this item on July 21, 2020 and continued the item to August 18, 2020, to allow for modifications to the Agreement.


Item #20: Authorizing Remote Hearing 01:39:11

Council Consideration of a Motion to Authorize a Remote Hearing for the 613 South Meldrum Street Appeal. The purpose of this item is to consider an exception to Ordinance No. 079, 2020, adopted by Council on June 16, 2020, to allow Council to hear an appeal of a development project decision using remote technology. The action under appeal is a Type 1 Administrative Hearing decision related to the 613 South Meldrum Street Modifications of Standards (MOD200001). A decision was rendered on the project on July 15, 2020 by an administrative hearing officer, and an appeal was timely filed on July 29, 2020. Per City Code, the deadline for Council to hear this appeal is October 14, 2020. Ordinance No. 079, 2020, authorizes Council and various boards and commissions to hear quasijudicial items but specifically excludes from that authorization decisions related to zoning/rezoning, appeals, and additions of permitted use (APUs). The Ordinance does, however, allow Council, by motion adopted by at least five Councilmembers, to authorize exceptions to that exclusion. In order to authorize a remote hearing for the 613 South Meldrum Street Appeal, Council must find that such hearing is pressing, requires prompt action, and that virtual technology will provide for sufficient public participation and input. A suggested motion is provided at the end of this Agenda Item Summary.


Other Business 01:47:00

Motion to adjourn the regular City Council Meeting in order to conduct the GID No. 1 Board Meeting.


Call Meeting to Order - GID No. 1 Board 01:48:44


Roll Call 01:48:58

All Council are present. Councilmember Pignataro is participating remotely.


Item #1: Downtown Park Maintenance Appropriation 01:49:26

First Reading of Ordinance No. 073 Ex-Officio the Board of Directors of General Improvement District No. 1, Appropriating Prior Year Reserves for Downtown Parks Maintenance. The purpose of this item is to appropriate $175,000 in fiscal year 2020 in the General Improvement District No. 1 (“GID”) for downtown parks maintenance. This funding will come from GID reserves, which at the end of 2019 were about $900,000. Due to the COVID-19 impact on City priorities, we expect lower than budgeted spending for the GID in 2020, therefore, the estimated impact of this item is an additional $58,000 over the 2020 Budget. The GID can support an additional $175,000 expense without reducing the current level of service for construction and reconstruction of sidewalks, curbs, gutters and streets and/or funding for downtown holiday lights. The City Manager recommends this appropriation and determined the funds are available with previously unappropriated funds from the GID’s prior year reserves and will not cause the total amount appropriated in the GID’s prior year reserves fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during this fiscal year


Return to Council Meeting - Roll Call 01:57:16


Other Business 01:57:50

Council request for information on Legal Defense Funds. Councilmember request for a resolution supporting law enforcement and the public's right to peacefully protest.


Motion for Executive Session 02:20:58

Consideration of a motion to adjourn into executive session to discuss a real property acquisition and related legal issues.


Return from Executive Session - Roll Call 02:23:09

All Council are present. Councilmember Pignataro is participating remotely.


Motion for Executive Session 02:23:37

Consideration of a motion to adjourn into executive session to discuss legal issues and potential litigation regarding the recently approved electronic billboard at Harmony Road and Interstate 25.


Return from Executive Session - Roll Call 02:25:46

All Council are present. Councilmember Pignataro is participating remotely.


Other Business 02:26:17

Motion to give direction to the City Attorney. “I move that Council direct the City Attorney, in coordination with the City Manager, to proceed with the filing of a Rule 106 lawsuit in Larimer County District Court to challenge the Larimer County Board of Commissioners’ approval of the Street Media electronic billboard located at 4414 East Harmony Road, near the I-25 and Harmony Interchange and within the City’s Growth Management Area.”


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